Title 16 — Conservation
Part I · Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program
§ 3831. Conservation reserve
Statutory text
In general
Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land and to address issues raised by State, regional, and national conservation initiatives.
Eligible land
The Secretary may include in the program established under this subpart—
highly erodible cropland that—
if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or
cannot be farmed in accordance with a plan that complies with the requirements of subchapter II; and
the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding , on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program;
marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat);
grasslands that—
contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;
are located in an area historically dominated by grasslands; and
could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition;
cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to—
a grass sod waterway;
a contour grass sod strip;
a prairie strip;
a filterstrip;
a riparian buffer;
a wetland or a wetland buffer;
a saturated buffer;
a bioreactor; or
another similar water quality practice, as determined by the Secretary;
cropland that is otherwise ineligible if the Secretary determines that—
if permitted to remain in agricultural production, the land would—
contribute to the degradation of soil, water, or air quality; or
pose an on-site or off-site environmental threat to soil, water, or air quality;
the land is a—
newly-created, permanent grass sod waterway; or
a contour grass sod strip established and maintained as part of an approved conservation plan;
the land will be devoted to newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas;
the land poses an off-farm environmental threat, or a threat of continued degradation of productivity due to soil salinity, if permitted to remain in production; or
enrollment of the land would facilitate a net savings in groundwater or surface water resources of the agricultural operation of the producer;
the portion of land in a field not enrolled in the conservation reserve in a case in which—
more than 50 percent of the land in the field is enrolled as a buffer or filterstrip, or more than 75 percent of the land in the field is enrolled as a conservation practice other than as a buffer or filterstrip; and
the remainder of the field is—
infeasible to farm; and
enrolled at regular rental rates; or
as determined by the Secretary, land—
that was enrolled in the conservation reserve program under a 15-year contract that expired on , or ;
for which there was no opportunity for additional enrollment in that program; and
on which the conservation practice under the expired contract under subparagraph (A) is maintained.
Planting status of certain land
For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subpart, land shall be considered to be planted to an agricultural commodity during a crop year if, during the crop year, the land was devoted to a conserving use.
Enrollment
Maximum acreage enrolled
The Secretary may maintain in the conservation reserve at any one time during—
fiscal year 2019, not more than 24,000,000 acres;
fiscal year 2020, not more than 24,500,000 acres;
fiscal year 2021, not more than 25,000,000 acres;
fiscal year 2022, not more than 25,500,000 acres; and
fiscal year 2023, not more than 27,000,000 acres.
Grasslands
Limitation
For purposes of applying the limitations in paragraph (1)—
the Secretary shall enroll and maintain in the conservation reserve not fewer than 2,000,000 acres of the land described in subsection (b)(3) by ; and
in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
fiscal year 2019, 1,000,000 acres;
fiscal year 2020, 1,500,000 acres; and
fiscal years 2021 through 2023, 2,000,000 acres.
Priority
In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary—
with expiring conservation reserve contracts;
at risk of conversion or development; or
of ecological significance, including land that—
may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
improves or creates wildlife habitat corridors.
Method of enrollment
In general
In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land on an annual enrollment basis with one or more ranking periods.
Timing of grassland ranking period
For purposes of grasslands described in subsection (b)(3), the Secretary shall announce at least 1 ranking period subsequent to the announcement of general enrollment offers.
Reservation of unenrolled acres
If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause (ii) or (iii) 1 of subparagraph (A) for the fiscal year—
the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3); and
that number of acres shall not be available for the enrollment of any other type of eligible land.
Water quality practices to foster clean lakes, estuaries, and rivers (clear initiative)
In general
The Secretary shall give priority within continuous enrollment under paragraph (6) to the enrollment of land described in subsection (b)(4).
Sediment and nutrient loadings
In carrying out subparagraph (A), the Secretary shall give priority to the implementation of practices on land that, if enrolled, will help reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary.
Acreage
In general
Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous enrollment under paragraph (6) shall be of land described in subsection (b)(4).
Limitation
The acres described in clause (i) shall not include grasslands described in subsection (b)(3).
Report
The Secretary shall—
in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments through the priority under this paragraph; and
publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph—
new enrollments;
expirations;
geographic distribution; and
estimated water quality benefits.
State enrollment rates
At the beginning of each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each year for enrollment in the conservation reserve, in accordance with historical State enrollment rates, taking into consideration—
the average number of acres of all land enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016;
the average number of acres of all land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and
the acres available for enrollment during each of fiscal years 2019 through 2023, excluding acres described in paragraph (2).
Frequency
In carrying out this subpart, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup and enrollment not less often than once each year.
Continuous enrollment procedure
In general
To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in—
the conservation reserve of—
marginal pasture land described in subsection (b)(2);
land described in subsection (b)(4); and
cropland described in subsection (b)(5); and
the conservation reserve enhancement program under section 3831a of this title.
Limitation
For purposes of applying the limitations in paragraph (1)—
the Secretary shall, to the maximum extent practicable, enroll and maintain not fewer than 8,600,000 acres of land under subparagraph (A) by ; and
in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
fiscal year 2019, 8,000,000 acres;
fiscal year 2020, 8,250,000 acres;
fiscal year 2021, 8,500,000 acres; and
fiscal years 2022 and 2023, 8,600,000 acres.
Duration of contract
In general
For the purpose of carrying out this subpart, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.
Special rule for certain land
In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subpart, the owner or operator of the land may, within the limitations prescribed under paragraph (1), specify the duration of the contract.
Conservation priority areas
Designation
On application by the appropriate State agency, the Secretary shall designate areas of special environmental sensitivity as conservation priority areas.
Eligible areas
Areas eligible for designation under this subsection shall include areas with actual and significant adverse water quality or habitat impacts related to agricultural production activities.
Expiration
Conservation priority area designation under this subsection shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.
Duty of Secretary
In carrying out this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in the watersheds described in paragraph (1) by promoting a significant level of enrollment of land within the watersheds in the program under this subpart by whatever means the Secretary determines are appropriate and consistent with the purposes of this subpart.
Multi-year grasses and legumes
In general
For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.
Cropping history
Alfalfa, when grown as part of a rotation practice, as determined by the Secretary, is an agricultural commodity subject to the cropping history criteria under subsection (b)(1)(B) for the purpose of determining whether highly erodible cropland has been planted or considered planted for 4 of the 6 years referred to in such subsection.
Eligibility for consideration
In general
On the expiration of a contract entered into under this subpart, the land subject to the contract shall be eligible to be considered for reenrollment in the conservation reserve.
Reenrollment limitation for certain land
In general
Except as provided in subparagraph (B), land subject to a contract entered into under this subpart shall be eligible for only one reenrollment in the conservation reserve under paragraph (1) if the land is devoted to hardwood trees.
Exclusions
Subparagraph (A) shall not apply to—
riparian forested buffers;
forested wetlands enrolled under subsection (d)(3) or the conservation reserve enhancement program under section 3831a of this title; and
shelterbelts.
Balance of natural resource purposes
In determining the acceptability of contract offers under this subpart, the Secretary shall ensure, to the maximum extent practicable, an equitable balance among the conservation purposes of soil erosion, water quality, and wildlife habitat.
Footnotes
- 1 So in original. There is no cl. (iii) of subpar. (A).
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.
Food Security Act of 1985
Pub. L. 99–198 title XII § 1231 · 99 Stat. 1354
Enacted · 16 U.S.C. § 3831
Pub. L. 99–198, title XII, § 1231, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 238
Source evidence
Code source credit
Pub. L. 99–198, title XII, § 1231, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 238Enacted provision · exact public law section
Sec. 1231. conservation reserve (a) During the 1986 through 1990 crop years, the Contracts. 16 USC 3831. Secretary shall formulate and carry out a conservation reserve program, in accordance with this subtitle, through contracts to assist owners and operators of highly erodible cropland in conserving and improving the soil and water resources of their farms or ranches. (b) The Secretary shall enter into contracts with owners and operators of farms and ranches containing highly erodible cropland to place in the conservation reserve— (1) during the 1986 crop year, not less than 5, nor more than 45, million acres; (2) during the 1986 through 1987 crop years, a total of not less than 15, nor more than 45, million acres; (3) during the 1986 through 1988 crop years, a total of not less than 25, nor more than 45, million acres; (4) during the 1986 through 1989 crop years, a total of not less than 35, nor more than 45, million acres; and (5) during the 1986 through 1990 crop years, a total of not less than 40, nor more than 45, million acres. (c) (1) (A) Notwithstanding subsection (b), effective for each of the fiscal years 1986 through 1989, the Secretary may reduce by up to 25 percent the number of acres of highly erodible land required to be placed under contract during each fiscal year if the Secretary determines that the rental payments to be made under section 1233(b) on such acres are likely to be significantly lower in the Post, p. 1511. succeeding year. (B) Paragraph (A) shall not affect the requirements of paragraph Prohibition. (5) of subsection (b). (2) The Secretary may include in the program established under this subtitle lands that are not highly erodible lands but that pose an off-farm environmental threat or, if permitted to remain in production, pose a threat of continued degradation of productivity due to soil salinity. (d) Under the program established under this subtitle, the Secretary Prohibition. shall not place under contract more than 25 percent of the cropland in any one county, except that the Secretary may exceed the limitation established by this subsection in a county to the extent that the Secretary determines that such action would not adversely affect the local economy of such county. (e) For the purpose of carrying out this subtitle, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006
Pub. L. 109–148 div. B title I § 107(a) · 119 Stat. 2680
Added · 16 U.S.C. § 3831(k)
Pub. L. 109–148 added subsec. (k)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 109–148 added subsec. (k).Enacted provision · exact public law section
(a) Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by adding at the end the following: “(k) Emergency Forestry Conservation Reserve Program.— “(1) Definitions.— In this subsection: “(A) Merchantable timber.— The term ‘merchantable timber’ means timber on private nonindustrial forest land on which the average tree has a trunk diameter of at least 6 inches measured at a point no less than 4.5 feet above the ground. “(B) Private nonindustrial forest land.— The term ‘private nonindustrial forest land’ includes State school trust land. “(2) Program.— During calendar year 2006, the Secretary shall carry out an emergency pilot program in States that the Secretary determines have suffered damage to merchantable timber in counties affected by hurricanes during the 2005 calendar year. “(3) Eligible acreage.— “(A) In general.— Subject to subparagraph (B) and the availability of funds under subparagraph (G), an owner or operator may enroll private nonindustrial forest land in the conservation reserve under this subsection. “(B) Determination of damages.— Eligibility for enrollment shall be limited to owners and operators of private nonindustrial forest land that have experienced a loss of 35 percent or more of merchantable timber in a county affected by hurricanes during the 2005 calendar year. “(C) Exemptions.— Acreage enrolled in the conservation reserve under this subsection shall not count toward— “(i) county acreage limitations described in section 1243(b); or “(ii) the maximum enrollment described in subsection (d). “(D) Duties of owners and operators.— As a condition of entering into a contract under this subsection, during the term of the contract, the owner or operator of private nonindustrial forest land shall agree— “(i) to restore the land, through site preparation and planting of similar species as existing prior to hurricane damages or to the maximum extent practicable with other native species, as determined by the Secretary; and “(ii) to establish temporary vegetative cover the purpose of which is to prevent soil erosion on the eligible acreage, as determined by the Secretary. “(E) Duties of the secretary.— “(i) In general.— In return for a contract entered into by an owner or operator of private nonindustrial forest land under this subsection, the Secretary shall provide, at the option of the landowner— “(I) notwithstanding the limitation in section 1234(f)(1), a lump sum payment; or “(II) annual rental payments. “(ii) Calculation of lump sum payment.— The lump sum payment described in clause (i)(I) shall be calculated using a net present value formula, as determined by the Secretary, based on the total amount a producer would receive over the duration of the contract. “(iii) Calculation of annual rental payments.— The annual rental payment described in clause (i)(II) shall be equal to the average rental rate for conservation reserve contracts in the county in which the land is located. “(iv) Rolling signup.— The Secretary shall offer a rolling signup for contracts under this subsection. “(v) Duration of contracts.— A contract entered into under this subsection shall have a term of 10 years. “(F) Balance of natural resources.— In determining the acceptability of contract offers under this subsection, the Secretary shall consider an equitable balance among the purposes of soil erosion prevention, water quality improvement, wildlife habitat restoration, and mitigation of economic loss. “(G) Funding.— The Secretary shall use $404,100,000, to remain available until expended, of funds of the Commodity Credit Corporation to carry out this subsection. “(H) Determinations by secretary.— A determination made by the Secretary under this subsection shall be final and conclusive. “(I) Regulations.— “(i) In general.— Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to implement this subsection. “(ii) Procedure.— The promulgation of regulations and administration of this subsection shall be made without regard to— “(I) the notice and comment provisions of section 553 of title 5, United States Code; “(II) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and “(III) chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’). “(iii) Congressional review of agency rulemaking.— In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code.” .Emergency Agricultural Disaster Assistance Act of 2006
Pub. L. 109–234 title III § 3022 · 120 Stat. 418
Substituted · 16 U.S.C. § 3831(k)(3)(G)
Pub. L. 109–234 substituted “$504,100,000” for “$404,100,000”
Source evidence
Code amendment note
Subsec. (k)(3)(G). Pub. L. 109–234 substituted “$504,100,000” for “$404,100,000”.Enacted provision · exact public law section
SEC. 3022. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM. Section 1231(k)(3)(G) of the Food Security Act of 1985 (16 U.S.C. 3831(k)(3)(G)) is amended by striking “$404,100,000” and inserting “$504,100,000”.U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007
Pub. L. 110–28 title IV § 4101 · 121 Stat. 112
Substituted · 16 U.S.C. § 3831(k)(2)
Pub. L. 110–28 substituted “The” for “During calendar year 2006, the”
Source evidence
Code amendment note
Subsec. (k)(2). Pub. L. 110–28 substituted “The” for “During calendar year 2006, the”.Enacted provision · exact public law section
Sec. 4101. Section 1231(k)(2) of the Food Security Act of 1985 (16 U.S.C. 3831(k)(2)) is amended by striking “During calendar year 2006, the” and inserting “The”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2101 · 122 Stat. 1651
Substituted · 16 U.S.C. § 3831(a)
Pub. L. 110–246, § 2101, substituted “2012 fiscal year” for “2007 calendar year”
Inserted · 16 U.S.C. § 3831(a)
Pub. L. 110–246, § 2101, inserted “and to address issues raised by State, regional, and national conservation initiatives” before period at end
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–246, § 2101, substituted “2012 fiscal year” for “2007 calendar year” and inserted “and to address issues raised by State, regional, and national conservation initiatives” before period at end.Enacted provision · exact public law section
SEC. 2101. EXTENSION OF CONSERVATION RESERVE PROGRAM. Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended— (1) by striking “2007 calendar year” and inserting “2012 fiscal year”; and (2) by inserting before the period the following: “and to address issues raised by State, regional, and national conservation initiatives”; andFood, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2102(1) · 122 Stat. 1651
Substituted · 16 U.S.C. § 3831(b)(1)(B)
Pub. L. 110–246, § 2102(1), substituted “the date of enactment of the Food, Conservation, and Energy Act of 2008” for “May 13, 2002”
Substituted · 16 U.S.C. § 3831(b)(1)(B)
Pub. L. 110–246, § 2102(1), substituted semicolon for period at end
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 110–246, § 2102(1), substituted “the date of enactment of the Food, Conservation, and Energy Act of 2008” for “May 13, 2002” and substituted semicolon for period at end.Enacted provision · exact public law section
(1) in paragraph (1)(B)— (A) by striking “Farm Security and Rural Investment Act of 2002” and inserting “Food, Conservation, and Energy Act of 2008”; and (B) by striking the period at the end and inserting a semicolon; andFood, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2102(2) · 122 Stat. 1651
Substituted · 16 U.S.C. § 3831(b)(4)(C)(E)
Pub. L. 110–246, § 2102(2), in subpar. (C) struck out “or” at end, in subpar. (D) substituted “or” for “and” at end, and in subpar. (E) inserted “or” at end
Source evidence
Code amendment note
Subsec. (b)(4)(C) to (E). Pub. L. 110–246, § 2102(2), in subpar. (C) struck out “or” at end, in subpar. (D) substituted “or” for “and” at end, and in subpar. (E) inserted “or” at end.Enacted provision · exact public law section
(2) in paragraph (4)— (A) in subparagraph (C), by striking “; or” and inserting a semicolon; (B) in subparagraph (D), by striking “and” at the end and inserting “or”; and (C) in subparagraph (E), by inserting “or” after the semicolon at the end.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2103 · 122 Stat. 1651
Substituted · 16 U.S.C. § 3831(d)
Pub. L. 110–246, § 2103, substituted “2009 fiscal years” for “2007 calendar years”
Substituted · 16 U.S.C. § 3831(d)
Pub. L. 110–246, § 2103, substituted “(16 U.S.C.” for “( 16 U.S.C.”
Inserted · 16 U.S.C. § 3831(d)
Pub. L. 110–246, § 2103, inserted at end “During fiscal years 2010, 2011, and 2012, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 110–246, § 2103, substituted “2009 fiscal years” for “2007 calendar years” and “(16 U.S.C.” for “( 16 U.S.C.” and inserted at end “During fiscal years 2010, 2011, and 2012, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”Enacted provision · exact public law section
SEC. 2103. MAXIMUM ENROLLMENT OF ACREAGE IN CONSERVATION RESERVE. Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended— (1) by striking “2007 calendar years” and inserting “2009 fiscal years”; (2) by striking “( 16 U.S.C.” and inserting “(16 U.S.C.”; and (3) by adding at the end the following new sentence: “During fiscal years 2010, 2011, and 2012, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2104 · 122 Stat. 1651
Substituted · 16 U.S.C. § 3831(f)(1)
Pub. L. 110–246, § 2104, substituted “the Chesapeake Bay Region” for “the Chesapeake Bay Region (Pennsylvania, Maryland, and Virginia)”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 110–246, § 2104, substituted “the Chesapeake Bay Region” for “the Chesapeake Bay Region (Pennsylvania, Maryland, and Virginia)”.Enacted provision · exact public law section
SEC. 2104. DESIGNATION OF CONSERVATION PRIORITY AREAS. Section 1231(f) of the Food Security Act of 1985 (16 U.S.C. 3831(f)) is amended by striking “the Chesapeake Bay Region (Pennsylvania, Maryland, and Virginia)” and inserting “the Chesapeake Bay Region”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2105 · 122 Stat. 1651
Amended · 16 U.S.C. § 3831(g)
Pub. L. 110–246, § 2105, amended subsec. (g) generally. Prior to amendment, text read as follows: “For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 110–246, § 2105, amended subsec. (g) generally. Prior to amendment, text read as follows: “For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.”Enacted provision · exact public law section
SEC. 2105. TREATMENT OF MULTI-YEAR GRASSES AND LEGUMES. Subsection (g) of section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended to read as follows: “(g) Multi-Year Grasses and Legumes.— “(1) In general.— For purposes of this subchapter, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities. “(2) Cropping history.— Alfalfa, when grown as part of a rotation practice, as determined by the Secretary, is an agricultural commodity subject to the cropping history criteria under subsection (b)(1)(B) for the purpose of determining whether highly erodible cropland has been planted or considered planted for 4 of the 6 years referred to in such subsection.” .Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2106(a)(2) · 122 Stat. 1651
Redesignated · 16 U.S.C. § 3831(h)(j)
Pub. L. 110–246, § 2106(a)(2), redesignated subsecs. (i) and (j) as (h) and (i), respectively
Struck · 16 U.S.C. § 3831(h)(j)
Pub. L. 110–246, § 2106(a)(2), struck out former subsec. (h) which related to pilot program for enrollment of wetland and buffer acreage in conservation reserve during 2002 through 2007 calendar years
Source evidence
Code amendment note
Subsecs. (h) to (j). Pub. L. 110–246, § 2106(a)(2), redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out former subsec. (h) which related to pilot program for enrollment of wetland and buffer acreage in conservation reserve during 2002 through 2007 calendar years.Enacted provision · exact public law section
(2) Repeal of superceded program.— Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended— (A) by striking subsection (h); and (B) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2106(b)(1) · 122 Stat. 1651
Changed · 16 U.S.C. § 3831(k)
Pub. L. 110–246, § 2106(b)(1), renumbered subsec. (k) as section 3831a of this title
Source evidence
Code amendment note
Subsec. (k). Pub. L. 110–246, § 2106(b)(1), renumbered subsec. (k) as section 3831a of this title.Enacted provision · exact public law section
(1) by striking “(k) Emergency Forestry Conservation Reserve Program.—” and inserting the following: “SEC. 1231A. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.” ;American Taxpayer Relief Act of 2012
Pub. L. 112–240 title VII § 701(c)(1) · 126 Stat. 2313
Substituted · 16 U.S.C. § 3831(d)
Pub. L. 112–240 substituted “2012, and 2013” for “and 2012”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–240 substituted “2012, and 2013” for “and 2012”.Enacted provision · exact public law section
(1) Conservation reserve.— Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended in the second sentence by striking “and 2012” and inserting “2012, and 2013”.Effective date note
Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of Title 7, Agriculture.Agricultural Act of 2014
Pub. L. 113–79 § 2001(a) · 128 Stat. 649
Substituted · 16 U.S.C. § 3831(a)
Pub. L. 113–79, § 2001(a), substituted “2018” for “2012”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 113–79, § 2001(a), substituted “2018” for “2012”.Enacted provision · exact public law section
(a) Extension.— Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking “2012” and inserting “2018”.Agricultural Act of 2014
Pub. L. 113–79 § 2001(b)(1) · 128 Stat. 649
Substituted · 16 U.S.C. § 3831(b)(1)(B)
Pub. L. 113–79, § 2001(b)(1), substituted “February 7, 2014” for “the date of enactment of the Food, Conservation, and Energy Act of 2008”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 113–79, § 2001(b)(1), substituted “February 7, 2014” for “the date of enactment of the Food, Conservation, and Energy Act of 2008”.Enacted provision · exact public law section
(1) in paragraph (1)(B), by striking “the date of enactment of the Food, Conservation, and Energy Act of 2008” and inserting “the date of enactment of the Agricultural Act of 2014”;Agricultural Act of 2014
Pub. L. 113–79 § 2001(b)(2) · 128 Stat. 649
Redesignated · 16 U.S.C. § 3831(b)(2); 16 U.S.C. § 3831(b)(3)
Pub. L. 113–79, § 2001(b)(2), (3), redesignated par. (3) as (2)
Added · 16 U.S.C. § 3831(b)(2); 16 U.S.C. § 3831(b)(3)
Pub. L. 113–79, § 2001(b)(2), (3), added par. (3)
Struck · 16 U.S.C. § 3831(b)(2); 16 U.S.C. § 3831(b)(3)
Pub. L. 113–79, § 2001(b)(2), (3), struck out former par. (2) which read as follows: “marginal pasture land converted to wetland or established as wildlife habitat prior to November 28, 1990;”
Source evidence
Code amendment note
Subsec. (b)(2), (3). Pub. L. 113–79, § 2001(b)(2), (3), redesignated par. (3) as (2), added par. (3), and struck out former par. (2) which read as follows: “marginal pasture land converted to wetland or established as wildlife habitat prior to November 28, 1990;”.Enacted provision · exact public law section
(2) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);Agricultural Act of 2014
Pub. L. 113–79 § 2001(b)(4) · 128 Stat. 649
Substituted · 16 U.S.C. § 3831(b)(4)(C)
Pub. L. 113–79, § 2001(b)(4), substituted “filterstrips or riparian buffers devoted to trees, shrubs, or grasses” for “filterstrips devoted to trees or shrubs”
Source evidence
Code amendment note
Subsec. (b)(4)(C). Pub. L. 113–79, § 2001(b)(4), substituted “filterstrips or riparian buffers devoted to trees, shrubs, or grasses” for “filterstrips devoted to trees or shrubs”.Enacted provision · exact public law section
(4) in paragraph (4)(C), by striking “filterstrips devoted to trees or shrubs” and inserting “filterstrips or riparian buffers devoted to trees, shrubs, or grasses”; andAgricultural Act of 2014
Pub. L. 113–79 § 2001(b)(5) · 128 Stat. 649
Added · 16 U.S.C. § 3831(b)(5)
Pub. L. 113–79, § 2001(b)(5), added par. (5)
Struck · 16 U.S.C. § 3831(b)(5)
Pub. L. 113–79, § 2001(b)(5), struck out former par. (5) which read as follows: “the portion of land in a field not enrolled in the conservation reserve in a case in which more than 50 percent of the land in the field is enrolled as a buffer, if—
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 113–79, § 2001(b)(5), added par. (5) and struck out former par. (5) which read as follows: “the portion of land in a field not enrolled in the conservation reserve in a case in which more than 50 percent of the land in the field is enrolled as a buffer, if—“(A) the land is enrolled as part of the buffer; and “(B) the remainder of the field is— “(i) infeasible to farm; and “(ii) enrolled at regular rental rates.”
Enacted provision · exact public law section
(5) by striking paragraph (5) and inserting the following new paragraph: “(5) the portion of land in a field not enrolled in the conservation reserve in a case in which— “(A) more than 50 percent of the land in the field is enrolled as a buffer or filterstrip, or more than 75 percent of the land in the field is enrolled as a conservation practice other than as a buffer or filterstrip; and “(B) the remainder of the field is— “(i) infeasible to farm; and “(ii) enrolled at regular rental rates.” .Agricultural Act of 2014
Pub. L. 113–79 § 2001(c) · 128 Stat. 649
Substituted · 16 U.S.C. § 3831(c)
Pub. L. 113–79, § 2001(c), substituted “if, during the crop year, the land was devoted to a conserving use.” for “if—”
Struck · 16 U.S.C. § 3831(c)
Pub. L. 113–79, § 2001(c), struck out pars. (1) and (2) which read as follows:
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–79, § 2001(c), substituted “if, during the crop year, the land was devoted to a conserving use.” for “if—” and struck out pars. (1) and (2) which read as follows:“(1) during the crop year, the land was devoted to a conserving use; or “(2)(A) during the crop year or during any of the 2 years preceding the crop year, the land was enrolled in the water bank program; and “(B) the contract of the owner or operator of the cropland expired or will expire in calendar year 2000, 2001, or 2002.”
Enacted provision · exact public law section
(c) Planting Status of Certain Land.— Section 1231(c) of the Food Security Act of 1985 (16 U.S.C. 3831(c)) is amended by striking “if” and all that follows through the period at the end and inserting “if, during the crop year, the land was devoted to a conserving use.”.Agricultural Act of 2014
Pub. L. 113–79 § 2001(d) · 128 Stat. 649
Amended · 16 U.S.C. § 3831(d)
Pub. L. 113–79, § 2001(d), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary may maintain up to 39,200,000 acres in the conservation reserve at any 1 time during the 2002 through 2009 fiscal years (including contracts extended by the Secretary pursuant to section 1437(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624)). During fiscal years 2010, 2011, 2012, and 2013, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 113–79, § 2001(d), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary may maintain up to 39,200,000 acres in the conservation reserve at any 1 time during the 2002 through 2009 fiscal years (including contracts extended by the Secretary pursuant to section 1437(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624)). During fiscal years 2010, 2011, 2012, and 2013, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”Enacted provision · exact public law section
(d) Enrollment.— Subsection (d) of section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended to read as follows: “(d) Enrollment.— “(1) Maximum acreage enrolled.— The Secretary may maintain in the conservation reserve at any one time during— “(A) fiscal year 2014, no more than 27,500,000 acres; “(B) fiscal year 2015, no more than 26,000,000 acres; “(C) fiscal year 2016, no more than 25,000,000 acres; “(D) fiscal year 2017, no more than 24,000,000 acres; and “(E) fiscal year 2018, no more than 24,000,000 acres. “(2) Grasslands.— “(A) Limitation.— For purposes of applying the limitations in paragraph (1), no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years. “(B) Priority.— In enrolling acres under subparagraph (A), the Secretary may give priority to land with expiring conservation reserve program contracts. “(C) Method of enrollment.— In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land on a continuous enrollment basis with one or more ranking periods.” .Agricultural Act of 2014
Pub. L. 113–79 § 2001(e) · 128 Stat. 649
Added · 16 U.S.C. § 3831(e)(2); 16 U.S.C. § 3831(e)(3)
Pub. L. 113–79, § 2001(e), added par. (2)
Struck · 16 U.S.C. § 3831(e)(2); 16 U.S.C. § 3831(e)(3)
Pub. L. 113–79, § 2001(e), struck out former pars. (2) and (3) which related to duration of contracts for certain land and 1-year extensions, respectively
Source evidence
Code amendment note
Subsec. (e)(2), (3). Pub. L. 113–79, § 2001(e), added par. (2) and struck out former pars. (2) and (3) which related to duration of contracts for certain land and 1-year extensions, respectively.Enacted provision · exact public law section
(e) Duration of Contract.— Section 1231(e) of the Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended by striking paragraphs (2) and (3) and inserting the following new paragraph: “(2) Special rule for certain land.— In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subchapter, the owner or operator of the land may, within the limitations prescribed under paragraph (1), specify the duration of the contract.” .Agricultural Act of 2014
Pub. L. 113–79 § 2001(f)(1) · 128 Stat. 649
Struck · 16 U.S.C. § 3831(f)(1)
Pub. L. 113–79, § 2001(f)(1), struck out “watershed areas of the Chesapeake Bay Region, the Great Lakes Region, the Long Island Sound Region, and other” before “areas of special”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 113–79, § 2001(f)(1), struck out “watershed areas of the Chesapeake Bay Region, the Great Lakes Region, the Long Island Sound Region, and other” before “areas of special”.Enacted provision · exact public law section
(1) in paragraph (1), by striking “watershed areas of the Chesapeake Bay Region, the Great Lakes Region, the Long Island Sound Region, and other”;Agricultural Act of 2014
Pub. L. 113–79 § 2001(f)(2) · 128 Stat. 649
Substituted · 16 U.S.C. § 3831(f)(2)
Pub. L. 113–79, § 2001(f)(2), substituted “areas” for “watersheds” in text
Substituted · 16 U.S.C. § 3831(f)(2)
Pub. L. 113–79, § 2001(f)(2), substituted “Areas” for “Watersheds” in text
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 113–79, § 2001(f)(2), substituted “areas” for “watersheds” in heading and “Areas” for “Watersheds” in text.Enacted provision · exact public law section
(2) in paragraph (2), by striking “Watersheds.—Watersheds” and inserting “Areas.—Areas”; andAgricultural Act of 2014
Pub. L. 113–79 § 2001(f)(3) · 128 Stat. 649
Substituted · 16 U.S.C. § 3831(f)(3)
Pub. L. 113–79, § 2001(f)(3), substituted “an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.” for “a watershed’s designation—”
Struck · 16 U.S.C. § 3831(f)(3)
Pub. L. 113–79, § 2001(f)(3), struck out subpars. (A) and (B) which read as follows:
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 113–79, § 2001(f)(3), substituted “an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.” for “a watershed’s designation—” and struck out subpars. (A) and (B) which read as follows:“(A) on application by the appropriate State agency; or “(B) in the case of an area covered by this subsection, if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.”
Enacted provision · exact public law section
(3) in paragraph (3), by striking “a watershed’s designation—” and all that follows through the period at the end and inserting “an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(a) · 132 Stat. 4490
Substituted · 16 U.S.C. § 3831(a)
Pub. L. 115–334, § 2201(a), substituted “2023” for “2018”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–334, § 2201(a), substituted “2023” for “2018”.Enacted provision · exact public law section
(a) In General.— Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking “2018” and inserting “2023”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(b)(1) · 132 Stat. 4490
Substituted · 16 U.S.C. § 3831(b)(1)(B)
Pub. L. 115–334, § 2201(b)(1), substituted “4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program” for “4 of the 6 years preceding February 7, 2014 (except for land enrolled in the conservation reserve program as of that date)”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 115–334, § 2201(b)(1), substituted “4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program” for “4 of the 6 years preceding February 7, 2014 (except for land enrolled in the conservation reserve program as of that date)”.Enacted provision · exact public law section
(1) in paragraph (1)(B), by striking “Agricultural Act of 2014 (except for land enrolled in the conservation reserve program as of that date)” and inserting “Agriculture Improvement Act of 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(b)(3) · 132 Stat. 4490
Redesignated · 16 U.S.C. § 3831(b)(4)
Pub. L. 115–334, § 2201(b)(3), added par. (4). Former par. (4) redesignated (5)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 115–334, § 2201(b)(3), added par. (4). Former par. (4) redesignated (5).Enacted provision · exact public law section
(3) by inserting after paragraph (3) the following: “(4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to— “(A) a grass sod waterway; “(B) a contour grass sod strip; “(C) a prairie strip; “(D) a filterstrip; “(E) a riparian buffer; “(F) a wetland or a wetland buffer; “(G) a saturated buffer; “(H) a bioreactor; or “(I) another similar water quality practice, as determined by the Secretary;” ;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(b)(2) · 132 Stat. 4490
Redesignated · 16 U.S.C. § 3831(b)(4)
Pub. L. 115–334, § 2201(b)(2), (4)(A), redesignated par. (4) as (5)
Redesignated · 16 U.S.C. § 3831(b)(4)
Pub. L. 115–334, § 2201(b)(2), (4)(A), substituted “salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas” for “or filterstrips or riparian buffers devoted to trees, shrubs, or grasses” in subpar. (C). Former par. (5) redesignated (6)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Subsec (b)(5). Pub. L. 115–334, § 2201(b)(2), (4)(A), redesignated par. (4) as (5) and substituted “salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas” for “or filterstrips or riparian buffers devoted to trees, shrubs, or grasses” in subpar. (C). Former par. (5) redesignated (6).Enacted provision · exact public law section
(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(b)(2) · 132 Stat. 4490
Redesignated · 16 U.S.C. § 3831(b)(6)
Pub. L. 115–334, § 2201(b)(2), redesignated par. (5) as (6)
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 115–334, § 2201(b)(2), redesignated par. (5) as (6).Enacted provision · exact public law section
(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(b)(4)(B) · 132 Stat. 4490
Added · 16 U.S.C. § 3831(b)(7)
Pub. L. 115–334, § 2201(b)(4)(B)–(6), added par. (7)
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 115–334, § 2201(b)(4)(B)–(6), added par. (7).Enacted provision · exact public law section
(B) in subparagraph (E), by striking “or” after the semicolon;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(c)(1) · 132 Stat. 4490
Added · 16 U.S.C. § 3831(d)(1)
Pub. L. 115–334, § 2201(c)(1), added subpars. (A) to (E)
Struck · 16 U.S.C. § 3831(d)(1)
Pub. L. 115–334, § 2201(c)(1), struck out former subpars. (A) to (E) which read as follows:
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 115–334, § 2201(c)(1), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:“(A) fiscal year 2014, no more than 27,500,000 acres; “(B) fiscal year 2015, no more than 26,000,000 acres; “(C) fiscal year 2016, no more than 25,000,000 acres; “(D) fiscal year 2017, no more than 24,000,000 acres; and “(E) fiscal year 2018, no more than 24,000,000 acres.”
Enacted provision · exact public law section
(1) in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following: “(A) fiscal year 2019, not more than 24,000,000 acres; “(B) fiscal year 2020, not more than 24,500,000 acres; “(C) fiscal year 2021, not more than 25,000,000 acres; “(D) fiscal year 2022, not more than 25,500,000 acres; and “(E) fiscal year 2023, not more than 27,000,000 acres.” ;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(c)(2)(A) · 132 Stat. 4490
Added · 16 U.S.C. § 3831(d)(2)(A)
Pub. L. 115–334, § 2201(c)(2)(A), added subpar. (A)
Struck · 16 U.S.C. § 3831(d)(2)(A)
Pub. L. 115–334, § 2201(c)(2)(A), struck out former subpar. (A). Prior to amendment, text read as follows: “For purposes of applying the limitations in paragraph (1), no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years.”
Source evidence
Code amendment note
Subsec. (d)(2)(A). Pub. L. 115–334, § 2201(c)(2)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “For purposes of applying the limitations in paragraph (1), no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years.”Enacted provision · exact public law section
(A) by striking subparagraphs (A) and (B) and inserting the following: “(A) Limitation.— For purposes of applying the limitations in paragraph (1)— “(i) the Secretary shall enroll and maintain in the conservation reserve not fewer than 2,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and “(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during— “(I) fiscal year 2019, 1,000,000 acres; “(II) fiscal year 2020, 1,500,000 acres; and “(III) fiscal years 2021 through 2023, 2,000,000 acres. “(B) Priority.— In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary— “(i) with expiring conservation reserve contracts; “(ii) at risk of conversion or development; or “(iii) of ecological significance, including land that— “(I) may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); “(II) may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or “(III) improves or creates wildlife habitat corridors.” ;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(c)(2)(A) · 132 Stat. 4490
Added · 16 U.S.C. § 3831(d)(2)(B)
Pub. L. 115–334, § 2201(c)(2)(A), added subpar. (B)
Struck · 16 U.S.C. § 3831(d)(2)(B)
Pub. L. 115–334, § 2201(c)(2)(A), struck out former subpar. (B). Prior to amendment, text read as follows: “In enrolling acres under subparagraph (A), the Secretary may give priority to land with expiring conservation reserve program contracts.”
Source evidence
Code amendment note
Subsec. (d)(2)(B). Pub. L. 115–334, § 2201(c)(2)(A), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “In enrolling acres under subparagraph (A), the Secretary may give priority to land with expiring conservation reserve program contracts.”Enacted provision · exact public law section
(A) by striking subparagraphs (A) and (B) and inserting the following: “(A) Limitation.— For purposes of applying the limitations in paragraph (1)— “(i) the Secretary shall enroll and maintain in the conservation reserve not fewer than 2,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and “(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during— “(I) fiscal year 2019, 1,000,000 acres; “(II) fiscal year 2020, 1,500,000 acres; and “(III) fiscal years 2021 through 2023, 2,000,000 acres. “(B) Priority.— In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary— “(i) with expiring conservation reserve contracts; “(ii) at risk of conversion or development; or “(iii) of ecological significance, including land that— “(I) may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); “(II) may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or “(III) improves or creates wildlife habitat corridors.” ;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(c)(2)(B) · 132 Stat. 4490
Amended · 16 U.S.C. § 3831(d)(2)(C)
Pub. L. 115–334, § 2201(c)(2)(B), designated existing provisions as cl. (i)
Inserted · 16 U.S.C. § 3831(d)(2)(C)
Pub. L. 115–334, § 2201(c)(2)(B), inserted heading
Substituted · 16 U.S.C. § 3831(d)(2)(C)
Pub. L. 115–334, § 2201(c)(2)(B), substituted “an annual enrollment basis” for “a continuous enrollment basis”
Added · 16 U.S.C. § 3831(d)(2)(C)
Pub. L. 115–334, § 2201(c)(2)(B), added cl. (ii)
Source evidence
Code amendment note
Subsec. (d)(2)(C). Pub. L. 115–334, § 2201(c)(2)(B), designated existing provisions as cl. (i), inserted heading, substituted “an annual enrollment basis” for “a continuous enrollment basis”, and added cl. (ii).Enacted provision · exact public law section
(B) in subparagraph (C)— (i) by striking “In enrolling” and inserting the following: “(i) In general.— In enrolling” ; (ii) in clause (i) (as so designated), by striking “a continuous” and inserting “an annual”; and (iii) by adding at the end the following: “(ii) Timing of grassland ranking period.— For purposes of grasslands described in subsection (b)(3), the Secretary shall announce at least 1 ranking period subsequent to the announcement of general enrollment offers.” ; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(c)(2)(C) · 132 Stat. 4490
Added · 16 U.S.C. § 3831(d)(2)(D)
Pub. L. 115–334, § 2201(c)(2)(C), added subpar. (D)
Source evidence
Code amendment note
Subsec. (d)(2)(D). Pub. L. 115–334, § 2201(c)(2)(C), added subpar. (D).Enacted provision · exact public law section
(C) by adding at the end the following: “(D) Reservation of unenrolled acres.— If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause (ii) or (iii) of subparagraph (A) for the fiscal year— “(i) the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3); and “(ii) that number of acres shall not be available for the enrollment of any other type of eligible land.” ; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(c)(3) · 132 Stat. 4490
Added · 16 U.S.C. § 3831(d)(3)(6)
Pub. L. 115–334, § 2201(c)(3), added pars. (3) to (6)
Source evidence
Code amendment note
Subsec. (d)(3) to (6). Pub. L. 115–334, § 2201(c)(3), added pars. (3) to (6).Enacted provision · exact public law section
(3) by adding at the end the following: “(3) Water quality practices to foster clean lakes, estuaries, and rivers (clear initiative).— “(A) In general.— The Secretary shall give priority within continuous enrollment under paragraph (6) to the enrollment of land described in subsection (b)(4). “(B) Sediment and nutrient loadings.— In carrying out subparagraph (A), the Secretary shall give priority to the implementation of practices on land that, if enrolled, will help reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary. “(C) Acreage.— “(i) In general.— Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous enrollment under paragraph (6) shall be of land described in subsection (b)(4). “(ii) Limitation.— The acres described in clause (i) shall not include grasslands described in subsection (b)(3). “(D) Report.— The Secretary shall— “(i) in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments through the priority under this paragraph; and “(ii) publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph— “(I) new enrollments; “(II) expirations; “(III) geographic distribution; and “(IV) estimated water quality benefits. “(4) State enrollment rates.— At the beginning of each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each year for enrollment in the conservation reserve, in accordance with historical State enrollment rates, taking into consideration— “(A) the average number of acres of all land enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016; “(B) the average number of acres of all land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and “(C) the acres available for enrollment during each of fiscal years 2019 through 2023, excluding acres described in paragraph (2). “(5) Frequency.— In carrying out this subchapter, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup and enrollment not less often than once each year. “(6) Continuous enrollment procedure.— “(A) In general.— To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in— “(i) the conservation reserve of— “(I) marginal pasture land described in subsection (b)(2); “(II) land described in subsection (b)(4); and “(III) cropland described in subsection (b)(5); and “(ii) the conservation reserve enhancement program under section 1231A. “(B) Limitation.— For purposes of applying the limitations in paragraph (1)— “(i) the Secretary shall, to the maximum extent practicable, enroll and maintain not fewer than 8,600,000 acres of land under subparagraph (A) by September 30, 2023; and “(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during— “(I) fiscal year 2019, 8,000,000 acres; “(II) fiscal year 2020, 8,250,000 acres; “(III) fiscal year 2021, 8,500,000 acres; and “(IV) fiscal years 2022 and 2023, 8,600,000 acres.” .Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2201(d) · 132 Stat. 4490
Amended · 16 U.S.C. § 3831(h)
Pub. L. 115–334, § 2201(d), designated existing provisions as par. (1)
Inserted · 16 U.S.C. § 3831(h)
Pub. L. 115–334, § 2201(d), inserted heading
Added · 16 U.S.C. § 3831(h)
Pub. L. 115–334, § 2201(d), added par. (2)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 115–334, § 2201(d), designated existing provisions as par. (1), inserted heading, and added par. (2).Enacted provision · exact public law section
(d) Eligibility for Consideration.— Section 1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) is amended— (1) by striking “On the expiration” and inserting the following: “(1) In general.— On the expiration” ; and (2) by adding at the end the following: “(2) Reenrollment limitation for certain land.— “(A) In general.— Except as provided in subparagraph (B), land subject to a contract entered into under this subchapter shall be eligible for only one reenrollment in the conservation reserve under paragraph (1) if the land is devoted to hardwood trees. “(B) Exclusions.— Subparagraph (A) shall not apply to— “(i) riparian forested buffers; “(ii) forested wetlands enrolled under subsection (d)(3) or the conservation reserve enhancement program under section 1231A; and “(iii) shelterbelts.” .
58 of 58 references resolved to an enrolled provision
Editorial Notes
References in Text
The Endangered Species Act of 1973, referred to in subsec. (d)(2)(B)(iii)(I), (II), is Pub. L. 93–205, , 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Prior Provisions
A prior section 3831, Pub. L. 99–198, title XII, § 1231, , 99 Stat. 1509; Pub. L. 99–500, § 101(a) [title VI, § 643], , 100 Stat. 1783, 1783–36, and Pub. L. 99–591, § 101(a) [title VI, § 643], , 100 Stat. 3341, 3341–36; Pub. L. 99–641, title II, § 205, , 100 Stat. 3563; Pub. L. 101–624, title XIV, §§ 1432(2), 1447(a), , 104 Stat. 3577, 3605; Pub. L. 102–324, § 1(a), , 106 Stat. 447; Pub. L. 103–66, title I, § 1402(b), , 107 Stat. 332; Pub. L. 104–127, title III, § 332(a)(1), (b), , 110 Stat. 994; Pub. L. 106–387, § 1(a) [title XI, § 1102(a)], , 114 Stat. 1549, 1549A–75; Pub. L. 107–76, title VII, § 758(a), , 115 Stat. 741, related to a conservation reserve program to be formulated and carried out by the Secretary through the 2002 calendar year, prior to the general amendment of this subpart by Pub. L. 107–171.
Amendments2005–2018 · 7 rounds
2018
Subsec. (a). Pub. L. 115–334, § 2201(a), substituted “2023” for “2018”.
Subsec. (b)(1)(B). Pub. L. 115–334, § 2201(b)(1), substituted “4 of the 6 years preceding , on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program” for “4 of the 6 years preceding (except for land enrolled in the conservation reserve program as of that date)”.
Subsec. (b)(4). Pub. L. 115–334, § 2201(b)(3), added par. (4). Former par. (4) redesignated (5).
Subsec (b)(5). Pub. L. 115–334, § 2201(b)(2), (4)(A), redesignated par. (4) as (5) and substituted “salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas” for “or filterstrips or riparian buffers devoted to trees, shrubs, or grasses” in subpar. (C). Former par. (5) redesignated (6).
Subsec. (b)(6). Pub. L. 115–334, § 2201(b)(2), redesignated par. (5) as (6).
Subsec. (b)(7). Pub. L. 115–334, § 2201(b)(4)(B)–(6), added par. (7).
Subsec. (d)(1). Pub. L. 115–334, § 2201(c)(1), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:
“(A) fiscal year 2014, no more than 27,500,000 acres;
“(B) fiscal year 2015, no more than 26,000,000 acres;
“(C) fiscal year 2016, no more than 25,000,000 acres;
“(D) fiscal year 2017, no more than 24,000,000 acres; and
“(E) fiscal year 2018, no more than 24,000,000 acres.”
Subsec. (d)(2)(A). Pub. L. 115–334, § 2201(c)(2)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “For purposes of applying the limitations in paragraph (1), no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years.”
Subsec. (d)(2)(B). Pub. L. 115–334, § 2201(c)(2)(A), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “In enrolling acres under subparagraph (A), the Secretary may give priority to land with expiring conservation reserve program contracts.”
Subsec. (d)(2)(C). Pub. L. 115–334, § 2201(c)(2)(B), designated existing provisions as cl. (i), inserted heading, substituted “an annual enrollment basis” for “a continuous enrollment basis”, and added cl. (ii).
Subsec. (d)(2)(D). Pub. L. 115–334, § 2201(c)(2)(C), added subpar. (D).
Subsec. (d)(3) to (6). Pub. L. 115–334, § 2201(c)(3), added pars. (3) to (6).
Subsec. (h). Pub. L. 115–334, § 2201(d), designated existing provisions as par. (1), inserted heading, and added par. (2).
2014
Subsec. (a). Pub. L. 113–79, § 2001(a), substituted “2018” for “2012”.
Subsec. (b)(1)(B). Pub. L. 113–79, § 2001(b)(1), substituted “” for “the date of enactment of the Food, Conservation, and Energy Act of 2008”.
Subsec. (b)(2), (3). Pub. L. 113–79, § 2001(b)(2), (3), redesignated par. (3) as (2), added par. (3), and struck out former par. (2) which read as follows: “marginal pasture land converted to wetland or established as wildlife habitat prior to ;”.
Subsec. (b)(4)(C). Pub. L. 113–79, § 2001(b)(4), substituted “filterstrips or riparian buffers devoted to trees, shrubs, or grasses” for “filterstrips devoted to trees or shrubs”.
Subsec. (b)(5). Pub. L. 113–79, § 2001(b)(5), added par. (5) and struck out former par. (5) which read as follows: “the portion of land in a field not enrolled in the conservation reserve in a case in which more than 50 percent of the land in the field is enrolled as a buffer, if—
“(A) the land is enrolled as part of the buffer; and
“(B) the remainder of the field is—
“(i) infeasible to farm; and
“(ii) enrolled at regular rental rates.”
Subsec. (c). Pub. L. 113–79, § 2001(c), substituted “if, during the crop year, the land was devoted to a conserving use.” for “if—” and struck out pars. (1) and (2) which read as follows:
“(1) during the crop year, the land was devoted to a conserving use; or
“(2)(A) during the crop year or during any of the 2 years preceding the crop year, the land was enrolled in the water bank program; and
“(B) the contract of the owner or operator of the cropland expired or will expire in calendar year 2000, 2001, or 2002.”
Subsec. (d). Pub. L. 113–79, § 2001(d), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary may maintain up to 39,200,000 acres in the conservation reserve at any 1 time during the 2002 through 2009 fiscal years (including contracts extended by the Secretary pursuant to section 1437(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624)). During fiscal years 2010, 2011, 2012, and 2013, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”
Subsec. (e)(2), (3). Pub. L. 113–79, § 2001(e), added par. (2) and struck out former pars. (2) and (3) which related to duration of contracts for certain land and 1-year extensions, respectively.
Subsec. (f)(1). Pub. L. 113–79, § 2001(f)(1), struck out “watershed areas of the Chesapeake Bay Region, the Great Lakes Region, the Long Island Sound Region, and other” before “areas of special”.
Subsec. (f)(2). Pub. L. 113–79, § 2001(f)(2), substituted “areas” for “watersheds” in heading and “Areas” for “Watersheds” in text.
Subsec. (f)(3). Pub. L. 113–79, § 2001(f)(3), substituted “an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.” for “a watershed’s designation—” and struck out subpars. (A) and (B) which read as follows:
“(A) on application by the appropriate State agency; or
“(B) in the case of an area covered by this subsection, if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.”
2013
Subsec. (d). Pub. L. 112–240 substituted “2012, and 2013” for “and 2012”.
2008
Subsec. (a). Pub. L. 110–246, § 2101, substituted “2012 fiscal year” for “2007 calendar year” and inserted “and to address issues raised by State, regional, and national conservation initiatives” before period at end.
Subsec. (b)(1)(B). Pub. L. 110–246, § 2102(1), substituted “the date of enactment of the Food, Conservation, and Energy Act of 2008” for “” and substituted semicolon for period at end.
Subsec. (b)(4)(C) to (E). Pub. L. 110–246, § 2102(2), in subpar. (C) struck out “or” at end, in subpar. (D) substituted “or” for “and” at end, and in subpar. (E) inserted “or” at end.
Subsec. (d). Pub. L. 110–246, § 2103, substituted “2009 fiscal years” for “2007 calendar years” and “(16 U.S.C.” for “( 16 U.S.C.” and inserted at end “During fiscal years 2010, 2011, and 2012, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”
Subsec. (f)(1). Pub. L. 110–246, § 2104, substituted “the Chesapeake Bay Region” for “the Chesapeake Bay Region (Pennsylvania, Maryland, and Virginia)”.
Subsec. (g). Pub. L. 110–246, § 2105, amended subsec. (g) generally. Prior to amendment, text read as follows: “For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.”
Subsecs. (h) to (j). Pub. L. 110–246, § 2106(a)(2), redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out former subsec. (h) which related to pilot program for enrollment of wetland and buffer acreage in conservation reserve during 2002 through 2007 calendar years.
Subsec. (k). Pub. L. 110–246, § 2106(b)(1), renumbered subsec. (k) as section 3831a of this title.
2007
Subsec. (k)(2). Pub. L. 110–28 substituted “The” for “During calendar year 2006, the”.
2006
Subsec. (k)(3)(G). Pub. L. 109–234 substituted “$504,100,000” for “$404,100,000”.
2005
Subsec. (k). Pub. L. 109–148 added subsec. (k).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–240 effective , see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of Title 7, Agriculture.
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Regulations
Pub. L. 106–387, § 1(a) [title XI, § 1105], , 114 Stat. 1549, 1549A–78, required the Secretary of Agriculture, as soon as practicable after , to promulgate regulations to implement the amendments by section 1(a) [title XI] of Pub. L. 106–387, amending former sections 3831 and 3832 of this title.
Eligible Land; State Law Requirements
Pub. L. 115–334, title II, § 2209, , 132 Stat. 4551, provided that: “The Secretary shall revise paragraph (4) of section 1410.6(d) of title 7, Code of Federal Regulations, to provide that land enrolled under a Conservation Reserve Enhancement Program agreement initially established before (including an amended or successor Conservation Reserve Enhancement Program agreement, as determined by the Secretary), shall not be ineligible for enrollment in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph if the Deputy Administrator (as defined in section 1410.2(b) of title 7, Code of Federal Regulations (or successor regulations)), on recommendation from and in consultation with the applicable State technical committee established under section 1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)) determines, under such terms and conditions as the Deputy Administrator, in consultation with the State technical committee, determines to be appropriate, that making that land eligible for enrollment in that program is not contrary to the purposes of that program.”
Effect on Existing Contracts
Pub. L. 113–79, title II, § 2008, , 128 Stat. 720, provided that:
“(a) In General.—
Except as provided in paragraph (2), the amendments made by this subtitle [subtitle A (§§ 2001–2008) of title II of Pub. L. 113–79, amending this section and sections 3831b and 3832 to 3835 of this title and repealing section 3835a of this title] shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) before the date of enactment of the Agricultural Act of 2014 [], or any payments required to be made in connection with the contract.
“(b) Updating of Existing Contracts.—
The Secretary shall permit an owner or operator of land subject to a contract entered into under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) before the date of enactment of the Agricultural Act of 2014 [], to update the contract to reflect the activities and uses of land under contract permitted under the terms and conditions of section 1233(b) of that Act [16 U.S.C. 3833(b)] (as amended by section 2004), as determined appropriate by the Secretary.”
Study on Economic Effects
Pub. L. 107–171, title II, § 2101(b), , 116 Stat. 252, provided that, not later than 18 months after , the Secretary of Agriculture would submit to Congress a report, to include specified analyses, that describes the economic and social effects on rural communities resulting from the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).
Study of Impact of Pilot Program
Pub. L. 106–387, § 1(a) [title XI, § 1104], , 114 Stat. 1549, 1549A–78, required the Secretary of Agriculture to conduct a study of the impact of the pilot program established under former section 3831(h) of this title, as added by section 1(a) [title XI, § 1102(a)] of Pub. L. 106–387, and to report on the results of the study to committees of Congress not later than .
Study of Land Use for Expiring Contracts and Extension of Authority
Pub. L. 101–624, title XIV, § 1437, , 104 Stat. 3584, which required the Secretary of Agriculture to conduct a study of cropland subject to expiring conservation reserve contracts entered into prior to , and to report on the study to committees of Congress not later than , and authorized the Secretary, during calendar years 1996 to 2000, to extend up to 10 years contracts entered into under this subpart prior to , or to purchase long-term or permanent easements as provided for in former part III of this subchapter, at the option of the owner or operator on land that the Secretary has determined under the study should remain in conserving uses, was repealed by Pub. L. 115–334, title II, § 2815, , 132 Stat. 4602.
Existing Conservation Programs
Pub. L. 99–263, , 100 Stat. 59, provided: “That the conservation reserve program shall not replace or reduce any existing conservation program.”
Credits
2002–2018 · 9 acts
- 2002Pub. L. 99–198, title XII, § 1231, as added Pub. L. 107–171, title II, § 2101(a), , 116 Stat. 238
- 2005amended Pub. L. 109–148, div. B, title I, § 107(a), , 119 Stat. 2750
- 2006Pub. L. 109–234, title III, § 3022, , 120 Stat. 478
- 2007Pub. L. 110–28, title IV, § 4101, , 121 Stat. 152
- 2008Pub. L. 110–234, title II, §§ 2101–2105, 2106(a)(2), (b)(1), , 122 Stat. 1028, 1029, 1031, 1032
- 2008Pub. L. 110–246, § 4(a), title II, §§ 2101–2105, 2106(a)(2), (b)(1), , 122 Stat. 1664, 1756, 1757, 1759, 1760
- 2013Pub. L. 112–240, title VII, § 701(c)(1), , 126 Stat. 2363
- 2014Pub. L. 113–79, title II, § 2001, , 128 Stat. 713
- 2018Pub. L. 115–334, title II, § 2201, , 132 Stat. 4530.
Show as published
(Pub. L. 99–198, title XII, § 1231, as added Pub. L. 107–171, title II, § 2101(a), , 116 Stat. 238; amended Pub. L. 109–148, div. B, title I, § 107(a), , 119 Stat. 2750; Pub. L. 109–234, title III, § 3022, , 120 Stat. 478; Pub. L. 110–28, title IV, § 4101, , 121 Stat. 152; Pub. L. 110–234, title II, §§ 2101–2105, 2106(a)(2), (b)(1), , 122 Stat. 1028, 1029, 1031, 1032; Pub. L. 110–246, § 4(a), title II, §§ 2101–2105, 2106(a)(2), (b)(1), , 122 Stat. 1664, 1756, 1757, 1759, 1760; Pub. L. 112–240, title VII, § 701(c)(1), , 126 Stat. 2363; Pub. L. 113–79, title II, § 2001, , 128 Stat. 713; Pub. L. 115–334, title II, § 2201, , 132 Stat. 4530.)