§3842. Delivery of technical assistance

(a) In general

The Secretary shall provide technical assistance under this chapter to a producer eligible for that assistance-

(1) directly; or

(2) at the option of the producer, through a payment, as determined by the Secretary, to the producer for an approved third party, if available.

(b) Certification of third-party providers

(1) In general

Not later than 180 days after May 13, 2002, the Secretary shall, by regulation, establish a system for-

(A) approving individuals and entities to provide technical assistance to carry out programs under this chapter (including criteria for the evaluation of providers or potential providers of technical assistance); and

(B) establishing the amounts and methods for payments for that assistance.

(2) Expertise

In promulgating regulations to carry out this subsection the Secretary shall ensure that persons with expertise in the technical aspects of conservation planning, watershed planning, environmental engineering (including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies), are eligible to become approved providers of the technical assistance.

(3) Interim assistance

(A) In general

A person that has provided technical assistance in accordance with an agreement between the person and the Secretary before May 13, 2002, may continue to provide technical assistance under this section until the date on which the Secretary establishes the system described in paragraph (1).

(B) Evaluation

If a person described in subparagraph (A) seeks to continue to provide technical assistance after the date referred to in subparagraph (A), the Secretary shall evaluate the person using criteria referred to in paragraph (1).

(4) Non-Federal assistance

The Secretary may request the services of, and enter into cooperative agreements or contracts with, non-Federal entities to assist the Secretary in providing technical assistance necessary to develop and implement conservation programs under this chapter.

(Pub. L. 99–198, title XII, §1242, as added Pub. L. 107–171, title II, §2701, May 13, 2002, 116 Stat. 279 .)

References in Text

This chapter, referred to in subsecs. (a) and (b)(1)(A), (4), was in the original "this title", meaning title XII of Pub. L. 99–198, which enacted this chapter and section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.

Codification

Section 2701 of Pub. L. 107–171, which directed that subtitle E of the Food Security Act of 1985 be amended by striking section 1242 and adding a new section 1242 (this section), was executed by striking section 1242 of subtitle E of title XII of the Food Security Act of 1985 and adding the new section 1242 in lieu thereof, to reflect the probable intent of Congress.

Prior Provisions

A prior section 3842, Pub. L. 99–198, title XII, §1242, as added Pub. L. 104–127, title III, §341, Apr. 4, 1996, 110 Stat. 1008 , related to use of other agencies, prior to repeal by Pub. L. 107–171, title II, §2701, May 13, 2002, 116 Stat. 278 . See Codification note above.

Another prior section 3842, Pub. L. 99–198, title XII, §1242, Dec. 23, 1985, 99 Stat. 1515 , related to use of other agencies, prior to the general amendment of this subchapter by Pub. L. 104–127.