16 USC 3838d: Technical assistance for water quality protection
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16 USC 3838d: Technical assistance for water quality protection Text contains those laws in effect on January 4, 1995
From Title 16-CONSERVATIONCHAPTER 58-ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAMSUBCHAPTER IV-AGRICULTURAL RESOURCES CONSERVATION PROGRAMPart II-Agricultural Water Quality Incentives
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§3838d. Technical assistance for water quality protection

(a) In general

Upon request, the Secretary shall provide technical assistance to agricultural producers on eligible lands to assist such producers in developing and implementing agricultural water quality protection plans.

(b) Field office technical guidance for water quality protection

(1) Development

The Secretary shall develop guidance materials describing a process to assist agricultural producers in preparing and implementing on-farm agricultural water quality protection plans necessary to assist in complying with State and Federal environmental laws, and to implement the agricultural water quality protection policy established by this part.

(2) Content

The guidance materials required under this subsection shall reflect local agronomic, economic and ecological conditions to the extent practicable, and include and describe in detail-

(A) procedures to identify potential sources of pollution on a farm;

(B) to the extent practicable, a range of water quality protection practices, and their economic cost and benefit, that is suitable to local ecological characteristics and prevailing farm enterprises and that complement conservation plans prepared for highly erodible lands under section 3812 of this title;

(C) storage, mixing, and loading practices for on-farm pesticide and fertilizer use to protect water quality;

(D) information regarding relevant State and Federal environmental laws that may impact upon the producer;

(E) criteria to evaluate the effectiveness of on-farm plans in protecting water quality and provide aggregate data to aid in evaluating compliance with State and Federal environmental laws; and

(F) means to evaluate the economic costs and benefits of agricultural water quality protection practices, including source reduction practices.

(3) Deadline

Local guidance materials shall be developed no later than two years after November 28, 1990, and up-dated periodically, but not less than every two years.

(4) Consultation

The Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and relevant State agencies in developing guidance materials under this section to ensure that such materials contain accurate and up-to-date technical information on practices designed to protect water quality.

(c) Personnel

The Secretary shall designate the Soil Conservation Service as the lead agency for purposes of providing technical assistance in connection with implementing this part, and shall assign such personnel from the Extension Service, Agricultural Research Service, and other agencies as are necessary to fulfill the purposes of this part. The Secretary may request the services of the State water quality agencies, State fish and wildlife agencies, State forestry agencies, or any other source deemed appropriate to assist in providing the technical assistance necessary for the development and implementation of the water quality protection plans.

(d) Limitation of liability

No person shall be permitted to bring or pursue any claim or action against any official or entity based upon or resulting from any technical assistance provided to assist in complying with State or Federal environmental laws under subsection (b)(1) of this section.

(Pub. L. 99–198, title XII, §1238D, as added Pub. L. 101–624, title XIV, §1439, Nov. 28, 1990, 104 Stat. 3595 .)

Section Referred to in Other Sections

This section is referred to in sections 3838b, 3838c of this title.