§ 3812a. Development and implementation of conservation plans and conservation systems

Statutory text

Technical requirements

In connection with the standards and guidelines contained in Natural Resources Conservation Service field office technical guides applicable to the development and use of conservation measures and management practices as part of a conservation system, the Secretary shall ensure that the standards and guidelines permit a person to use a conservation system that—

is technically and economically feasible;

is based on local resource conditions and available conservation technology;

is cost-effective; and

does not cause undue economic hardship on the person applying the conservation system under the person’s conservation plan.

Measurement of erosion reduction

For the purpose of determining whether there is a substantial reduction in soil erosion on a field containing highly erodible cropland, the measurement of erosion reduction achieved by the application of a conservation system under a person’s conservation plan shall be based on the estimated annual level of erosion at the time of the measurement compared to the estimated annual level of erosion that existed before the implementation of the conservation measures and management practices provided for in the conservation system.

Residue measurement

Responsibilities of the Secretary

For the purpose of measuring the level of residue on a field, the Secretary shall—

take into account any residue incorporated into the top 2 inches of soil, as well as the growing crop, in the measurement;

provide technical guidelines for acceptable residue measurement methods;

provide a certification system for third parties to perform residue measurements; and

provide for the acceptance and use of information and data voluntarily provided by the producer regarding the field.

Acceptance of producer measurements

Annual residue measurements supplied by a producer (including measurements performed by a certified third party) shall be used by the Secretary if the Secretary determines that the measurements indicate that the residue level for the field meets the level required under the conservation plan.

Certification of compliance

In general

For the purpose of determining the eligibility of a person for program benefits specified in section 3811 of this title at the time application is made for the benefits, the Secretary shall permit the person to certify that the person is complying with the person’s conservation plan.

Status reviews

If a person makes a certification under paragraph (1), the Secretary shall not be required to carry out a review of the status of compliance of the person with the conservation plan under which the conservation system is being applied.

Revisions and modifications

The Secretary shall permit a person who makes a certification under paragraph (1) with respect to a conservation plan to revise the conservation plan in any manner, if the same level of conservation treatment provided for by the conservation system under the person’s conservation plan is maintained. The Secretary may not revise the person’s conservation plan without the concurrence of the person.

Crop insurance premium assistance

For the purpose of determining the eligibility of a person for the payment described in section 3811(a)(1)(E) of this title, the Secretary shall apply the procedures described in section 3821(c)(3)(E) of this title and coordinate the certification process so as to avoid duplication or unnecessary paperwork.

Technical assistance

The Secretary shall, using available resources and consistent with the Secretary’s other conservation responsibilities and objectives, provide technical assistance to a person throughout the development, revision, and application of the conservation plan and any conservation system of the person. At the request of the person, the Secretary may provide technical assistance regarding conservation measures and management practices for other lands of the person that do not contain highly erodible cropland.

Encouragement of on-farm research

To encourage on-farm conservation research, the Secretary may allow a person to include in the person’s conservation plan or a conservation system under the plan, on a field trial basis, practices that are not currently approved but that the Secretary considers have a reasonable likelihood of success.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1996
Food Security Act of 1985
Pub. L. 99–198 title XII § 1213 · 99 Stat. 1354
Enacted · 16 U.S.C. § 3812a
Pub. L. 99–198, title XII, § 1213, as added Pub. L. 104–127, title III, § 315(a)(2), Apr. 4, 1996, 110 Stat. 984
Source evidence
Code source credit
Pub. L. 99–198, title XII, § 1213, as added Pub. L. 104–127, title III, § 315(a)(2), Apr. 4, 1996, 110 Stat. 984
Enacted provision · exact public law section
Sec. 1213. soil suveys The Secretary shall, as soon as is practicable after the 16 USC 3813. date of enactment of this Act, complete soil surveys on those private lands that do not have a soil survey suitable for use in determining the land capability class for purposes of this subtitle. In carrying out this section, the Secretary shall, insofar as possible, concentrate on those localities where significant amounts of highly erodible land are being converted to the production of agricultural commodities.
2014
Agricultural Act of 2014
Pub. L. 113–79 title II § 2611(a)(3) · 128 Stat. 649
Added · 16 U.S.C. § 3812a(d)(4)
Pub. L. 113–79 added par. (4)
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 113–79 added par. (4).
Enacted provision · exact public law section
(3) Crop insurance premium assistance.— Section 1213(d) of the Food Security Act of 1985 (16 U.S.C. 3812a(d)) is amended by adding at the end the following: “(4) Crop insurance premium assistance.— For the purpose of determining the eligibility of a person for the payment described in section 1211(a)(1)(E), the Secretary shall apply the procedures described in section 1221(c)(3)(E) and coordinate the certification process so as to avoid duplication or unnecessary paperwork.” .

2 of 2 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 1213 of Pub. L. 99–198 was renumbered section 1214 and is classified to section 3813 of this title.

Amendments

2014—Subsec. (d)(4). Pub. L. 113–79 added par. (4).

Credits

1996–2014 · 2 acts

1996Pub. L. 99–198, title XII, § 1213, as added Pub. L. 104–127, title III, § 315(a)(2), Apr. 4, 1996, 110 Stat. 984
2014amended Pub. L. 113–79, title II, § 2611(a)(3), Feb. 7, 2014, 128 Stat. 763.

Show as published

(Pub. L. 99–198, title XII, § 1213, as added Pub. L. 104–127, title III, § 315(a)(2), Apr. 4, 1996, 110 Stat. 984; amended Pub. L. 113–79, title II, § 2611(a)(3), Feb. 7, 2014, 128 Stat. 763.)