§3844. Administrative requirements for conservation programs

(a) Beginning farmers and ranchers and Indian tribes

In carrying out any conservation program administered by the Secretary, the Secretary may provide to beginning farmers and ranchers and Indian tribes (as those terms are defined in section 3838 of this title) and limited resource agricultural producers incentives to participate in the conservation program to-

(1) foster new farming and ranching opportunities; and

(2) enhance environmental stewardship over the long term.

(b) Privacy of personal information relating to natural resources conservation programs

(1) Information received for technical and financial assistance

(A) In general

In accordance with section 552(b)(3) of title 5, except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)-

(i) shall not be considered to be public information; and

(ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture.

(B) Information

The information referred to in subparagraph (A) is information-

(i) provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV of this chapter) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources conservation program administered by the Natural Resources Conservation Service or the Farm Service Agency; and

(ii) that is proprietary (within the meaning of section 552(b)(4) of title 5) to the agricultural operation or land that is a part of an agricultural operation of the owner, operator, or producer.

(C) Exception

Nothing in this section affects the availability of payment information (including payment amounts and the names and addresses of recipients of payments) under section 552 of title 5.

(2) Exceptions

(A) Release and disclosure for enforcement

The Secretary may release or disclose to the Attorney General information covered by paragraph (1) to the extent necessary to enforce the natural resources conservation programs referred to in paragraph (1)(B)(i).

(B) Disclosure to cooperating persons and agencies

(i) In general

The Secretary may release or disclose information covered by paragraph (1) to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in providing technical and financial assistance described in paragraph (1)(B)(i) or collecting information from data gathering sites.

(ii) Use of information

The person or Federal, State, local, or tribal agency that receives information described in clause (i) may release the information only for the purpose of assisting the Secretary-

(I) in providing the requested technical or financial assistance; or

(II) in collecting information from data gathering sites.

(C) Statistical and aggregate information

Information covered by paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form without naming any-

(i) individual owner, operator, or producer; or

(ii) specific data gathering site.

(D) Consent of owner, operator, or producer

(i) In general

An owner, operator, or producer may consent to the disclosure of information described in paragraph (1).

(ii) Condition of other programs

The participation of the owner, operator, or producer in, and the receipt of any benefit by the owner, operator, or producer under, this chapter or any other program administered by the Secretary may not be conditioned on the owner, operator, or producer providing consent under this paragraph.

(3) Violations; penalties

Section 2276(c) of title 7 shall apply with respect to the release of information collected in any manner or for any purpose prohibited by this subsection.

(4) Data collection, disclosure, and review

Nothing in this subsection-

(A) affects any procedure for data collection or disclosure through the National Resources Inventory; or

(B) limits the authority of Congress or the Government Accountability Office to review information collected or disclosed under this subsection.

(Pub. L. 99–198, title XII, §1244, as added Pub. L. 107–171, title II, §2004(a), May 13, 2002, 116 Stat. 235 ; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814 .)

References in Text

This chapter, referred to in subsec. (b)(2)(D)(ii), 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.

Prior Provisions

Prior sections 3844 and 3845 were omitted in the general amendment of this subchapter by Pub. L. 104–127.

Section 3844, Pub. L. 99–198, title XII, §1244, Dec. 23, 1985, 99 Stat. 1515 , related to issuance of regulations to carry out subchapters I to V of this chapter.

Section 3845, Pub. L. 99–198, title XII, §1245, Dec. 23, 1985, 99 Stat. 1516 ; Pub. L. 101–624, title XIV, §1443, Nov. 28, 1990, 104 Stat. 3602 ; Pub. L. 102–552, title V, §516(b)(1), Oct. 28, 1992, 106 Stat. 4137 , related to authorization of appropriations.

A prior section 3846, Pub. L. 99–198, title XII, §1246, as added Pub. L. 101–624, title XIV, §1444, Nov. 28, 1990, 104 Stat. 3602 , directed Secretary to report to Congress on erodible land and wetland conservation program, prior to repeal by Pub. L. 104–66, title I, §1011(a), Dec. 21, 1995, 109 Stat. 709 .

A prior section 3847, Pub. L. 99–198, title XII, §1247, as added Pub. L. 101–624, title XIV, §1445, Nov. 28, 1990, 104 Stat. 3603 ; amended Pub. L. 102–237, title II, §204(8), Dec. 13, 1991, 105 Stat. 1855 , which related to assistance for control of spread of weeds and pests, was omitted in the general amendment of this subchapter by Pub. L. 104–127.

Amendments

2004-Subsec. (b)(4)(B). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".