§ 3834. Payments

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.

1. 2002

   Food Security Act of 1985

   Pub. L. 99–198 title XII § 1234 · 99 Stat. 1354

   Enacted · 16 U.S.C. § 3834

   Pub. L. 99–198, title XII, § 1234, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 245

   Source evidence

   Code source credit
   Pub. L. 99–198, title XII, § 1234, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 245

   Enacted provision · exact public law section
   Sec. 1234. payments (a) The Secretary shall provide payment for obligations Contracts. 16 USC 3834. incurred by the Secretary under a contract entered into under this subtitle— (1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as possible after the obligation is incurred; and (2) with respect to any annual rental payment obligation incurred by the Secretary— (A) as soon as practicable after October 1 of each calendar year; or (B) at the discretion of the Secretary, at any time prior to such date during the year that the obligation is incurred. (b) In making cost sharing payments to owners and operators under contracts entered into under this subtitle, the Secretary shall pay 50 percent of the cost of establishing conservation measures and practices set forth in such contracts for which the Secretary determines that cost-sharing is appropriate and in the public interest. (c) (1) In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland normally devoted to the production of an agricultural commodity to less intensive use, the Secretary may consider, among other things, the amount necessary to encourage owners or operators of highly erodible cropland to participate in the program established by this subtitle. (2) The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subtitle may be determined through— (A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or (B) such other means as the Secretary determines are appropriate. (3) In determining the acceptability of contract offers, the Secretary may— (A) take into consideration the extent of erosion on the land that is the subject of the contract and the productivity of the acreage diverted; (B) where appropriate, accept contract offers that provide for the establishment of— (i) shelterbelts and windbreaks; or (ii) permanently vegetated stream borders, filter strips of permanent grass, forbs, shrubs, and trees that will reduce sedimentation substantially; (C) establish different criteria in various States and regions of the United States to determine the extent to which erosion may be abated; and (D) give priority to offers made by owners and operators who are subject to the highest degree of economic stress, such as a general tightening of agricultural credit or an unfavorable relationship between production costs and prices received for agricultural commodities. (d) (1) Except as otherwise provided in this section, payments under this subtitle— (A) shall be made in cash or in commodities in such amount and on such time schedule as is agreed on and specified in the contract; and (B) may be made in advance of determination of performance. (2) If such payment is made with in-kind commodities, such payment shall be made by the Commodity Credit Corporation— (A) by delivery of the commodity involved to the owner or operator at a warehouse or other similar facility located in the county in which the highly erodible cropland is located or at such other location as is agreed to by the Secretary and the owner or operator; (B) by the transfer of negotiable warehouse receipts; or (C) by such other method, including the sale of the commodity in commercial markets, as is determined by the Secretary to be appropriate to enable the owner or operator to receive efficient and expeditious possession of the commodity. (3) If stocks of a commodity acquired by the Commodity Credit Corporation are not readily available to make full payment in kind to the owner or operator, the Secretary may substitute full or partial payment in cash for payment in kind. (e) If an owner or operator who is entitled to a payment under a contract entered into under this subtitle dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. (f) (1) The total amount of rental payments, Prohibition. including rental payments made in the form of in-kind commodities, made to an owner or operator under this subtitle for any fiscal year may not exceed $50,000. (2) (A) The Secretary shall issue regulations— Regulations. (i) defining the term “person” as used in this subsection; and (ii) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection. (B) The regulations issued by the Secretary on December 18, 1970, under section 101 of the Agricultural Act of 1970 (7 U.S.C. 1307), shall be used to determine whether corporations and their stockholders may be considered as separate persons under this subsection. (3) Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that such owner or operator is otherwise eligible to receive under this Act or the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).

2. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2109 · 122 Stat. 1651

   1. Added · 16 U.S.C. § 3834(b)(3)

      Pub. L. 110–246, § 2109, added par. (3)

   2. Struck · 16 U.S.C. § 3834(b)(3)

      Pub. L. 110–246, § 2109, struck out former par. (3) which related to the making of payments to an owner or operator of land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 110–246, § 2109, added par. (3) and struck out former par. (3) which related to the making of payments to an owner or operator of land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors.

   Enacted provision · exact public law section
   SEC. 2109. COST SHARING PAYMENTS RELATING TO TREES, WINDBREAKS, SHELTERBELTS, AND WILDLIFE CORRIDORS.   Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 3834(b)) is amended by striking paragraph (3) and inserting the following new paragraph: “(3) Trees, windbreaks, shelterbelts, and wildlife corridors.— “(A) Applicability.— This paragraph applies to— “(i) land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subchapter after November 28, 1990; “(ii) land converted to such production under section 1235A; and “(iii) land on which an owner or operator agrees to conduct thinning authorized by section 1232(a)(9), if the thinning is necessary to improve the condition of resources on the land. “(B) Payments.— “(i) Percentage.— In making cost share payments to an owner or operator of land described in subparagraph (A), the Secretary shall pay 50 percent of the reasonable and necessary costs incurred by the owner or operator for maintaining trees or shrubs, including the cost of replanting (if the trees or shrubs were lost due to conditions beyond the control of the owner or operator) or thinning. “(ii) Duration.— The Secretary shall make payments as described in clause (i) for a period of not less than 2 years, but not more than 4 years, beginning on the date of— “(I) the planting of the trees or shrubs; or “(II) the thinning of existing stands to improve the condition of resources on the land.” .

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, 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.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2110(a) · 122 Stat. 1651

   1. Added · 16 U.S.C. § 3834(c)(3)

      Pub. L. 110–246, § 2110(a), added par. (3)

   2. Struck · 16 U.S.C. § 3834(c)(3)

      Pub. L. 110–246, § 2110(a), struck out former par. (3). Prior to amendment, text read as follows: “In determining the acceptability of contract offers, the Secretary may—

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 110–246, § 2110(a), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “In determining the acceptability of contract offers, the Secretary may—

   “(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and “(B) establish different criteria in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated.”

   Enacted provision · exact public law section
   (a) Evaluation and Acceptance of Contract Offers.— Section 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended by striking paragraph (3) and inserting the following new paragraph: “(3) Acceptance of contract offers.— “(A) Evaluation of offers.— In determining the acceptability of contract offers, the Secretary may take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, or wildlife habitat or provide other environmental benefits. “(B) Establishment of different criteria in various states and regions.— The Secretary may establish different criteria for determining the acceptability of contract offers in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated. “(C) Local preference.— In determining the acceptability of contract offers for new enrollments, the Secretary shall accept, to the maximum extent practicable, an offer from an owner or operator that is a resident of the county in which the land is located or of a contiguous county if, as determined by the Secretary, the land would provide at least equivalent conservation benefits to land under competing offers.” .

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, 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.

4. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2110(b)(1) · 122 Stat. 1651

   Added · 16 U.S.C. § 3834(c)(5)

   Pub. L. 110–246, § 2110(b)(1), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 110–246, § 2110(b)(1), added par. (5).

   Enacted provision · exact public law section
   (1) Annual estimates required.— Section 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended by adding at the end the following new paragraph: “(5) Rental rates.— “(A) Annual estimates.— The Secretary (acting through the National Agricultural Statistics Service) shall conduct an annual survey of per acre estimates of county average market dryland and irrigated cash rental rates for cropland and pastureland in all counties or equivalent subdivisions within each State that have 20,000 acres or more of cropland and pastureland. “(B) Public availability of estimates.— The estimates derived from the annual survey conducted under subparagraph (A) shall be maintained on a website of the Department of Agriculture for use by the general public.” .

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, 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.

5. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2110(c)(1) · 122 Stat. 1651

   Substituted · 16 U.S.C. § 3834(f)(1)

   Pub. L. 110–246, § 2110(c)(1), substituted “received by a person or legal entity, directly or indirectly,” for “made to a person”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 110–246, § 2110(c)(1), substituted “received by a person or legal entity, directly or indirectly,” for “made to a person”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “made to a person” and inserting “received by a person or legal entity, directly or indirectly,”;

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, 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.

6. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2110(c)(2) · 122 Stat. 1651

   Struck · 16 U.S.C. § 3834(f)(2)

   Pub. L. 110–246, § 2110(c)(2), struck out par. (2) which related to promulgation of regulations defining the term “person” as used in subsec. (f) and providing terms and conditions determined necessary to ensure a fair and reasonable application of the subsec. (f) limitation

   Source evidence

   Code amendment note
   Subsec. (f)(2). Pub. L. 110–246, § 2110(c)(2), struck out par. (2) which related to promulgation of regulations defining the term “person” as used in subsec. (f) and providing terms and conditions determined necessary to ensure a fair and reasonable application of the subsec. (f) limitation.

   Enacted provision · exact public law section
   (2) by striking paragraph (2); and

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, 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.

7. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2110(c)(3) · 122 Stat. 1651

   Substituted · 16 U.S.C. § 3834(f)(4)(A)

   Pub. L. 110–246, § 2110(c)(3), substituted “any person or legal entity” for “any person”

   Source evidence

   Code amendment note
   Subsec. (f)(4)(A). Pub. L. 110–246, § 2110(c)(3), substituted “any person or legal entity” for “any person”.

   Enacted provision · exact public law section
   (3) in paragraph (4), by striking “any person” and inserting “any person or legal entity”.

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, 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.

8. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 2005(b)(1)(A) · 128 Stat. 649

   Struck · 16 U.S.C. § 3834(b)

   Pub. L. 113–79, § 2005(b)(1)(A), struck out “Federal percentage of” before “cost sharing payments” in heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–79, § 2005(b)(1)(A), struck out “Federal percentage of” before “cost sharing payments” in heading.

   Enacted provision · exact public law section
   (A) in the heading, by striking “Federal Percentage of”; and

9. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 2005(a) · 128 Stat. 649

   Amended · 16 U.S.C. § 3834(b)(3)(A)

   Pub. L. 113–79, § 2005(a), amended subpar. (A) generally. Prior to amendment, text read as follows: “This paragraph applies to—

   Source evidence

   Code amendment note
   Subsec. (b)(3)(A). Pub. L. 113–79, § 2005(a), amended subpar. (A) generally. Prior to amendment, text read as follows: “This paragraph applies to—

   “(i) land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subpart after November 28, 1990; “(ii) land converted to such production under section 3835a of this title; and “(iii) land on which an owner or operator agrees to conduct thinning authorized by section 3832(a)(9) of this title, if the thinning is necessary to improve the condition of resources on the land.”

   Enacted provision · exact public law section
   (a) Trees, Windbreaks, Shelterbelts, and Wildlife Corridors.— Section 1234(b)(3)(A) of the Food Security Act of 1985 (16 U.S.C. 3834(b)(3)(A)) is amended to read as follows: “(A) Applicability.— This paragraph applies to land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subchapter after November 28, 1990.” .

10. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(b)(1)(B)(i) · 128 Stat. 649

    Struck · 16 U.S.C. § 3834(b)(3)(B)(i)

    Pub. L. 113–79, § 2005(b)(1)(B)(i), struck out “or thinning” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B)(i). Pub. L. 113–79, § 2005(b)(1)(B)(i), struck out “or thinning” before period at end.

    Enacted provision · exact public law section
    (i) in clause (i), by striking “or thinning”; and

11. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(b)(1)(B)(ii) · 128 Stat. 649

    Amended · 16 U.S.C. § 3834(b)(3)(B)(ii)

    Pub. L. 113–79, § 2005(b)(1)(B)(ii), amended cl. (ii) generally. Prior to amendment, text read as follows: “The Secretary shall make payments as described in clause (i) for a period of not less than 2 years, but not more than 4 years, beginning on the date of—

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B)(ii). Pub. L. 113–79, § 2005(b)(1)(B)(ii), amended cl. (ii) generally. Prior to amendment, text read as follows: “The Secretary shall make payments as described in clause (i) for a period of not less than 2 years, but not more than 4 years, beginning on the date of—

    “(I) the planting of the trees or shrubs; or “(II) the thinning of existing stands to improve the condition of resources on the land.”

    Enacted provision · exact public law section
    (ii) by amending clause (ii) to read as follows: “(ii) Duration.— The Secretary shall make payments as described in clause (i) for a period of not less than 2 years, but not more than 4 years, beginning on the date of the planting of the trees or shrubs.” ;

12. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(b)(2) · 128 Stat. 649

    1. Added · 16 U.S.C. § 3834(c); 16 U.S.C. § 3834(d)

       Pub. L. 113–79, § 2005(b)(2), (3), added subsec. (c)

    2. Redesignated · 16 U.S.C. § 3834(c); 16 U.S.C. § 3834(d)

       Pub. L. 113–79, § 2005(b)(2), (3), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 113–79, § 2005(b)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (2) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and

13. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(c)(1) · 128 Stat. 649

    Inserted · 16 U.S.C. § 3834(d)(1)

    Pub. L. 113–79, § 2005(c)(1), inserted “or other eligible lands” after “highly erodible cropland” in two places

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 113–79, § 2005(c)(1), inserted “or other eligible lands” after “highly erodible cropland” in two places.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “or other eligible lands” after “highly erodible cropland” both places it appears;

14. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(c)(2) · 128 Stat. 649

    1. Added · 16 U.S.C. § 3834(d)(2)

       Pub. L. 113–79, § 2005(c)(2), added par. (2)

    2. Struck · 16 U.S.C. § 3834(d)(2)

       Pub. L. 113–79, § 2005(c)(2), struck out former par. (2). Prior to amendment, text read as follows: “The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through—

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 113–79, § 2005(c)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through—

    “(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or “(B) such other means as the Secretary determines are appropriate.”

    Enacted provision · exact public law section
    (2) by striking paragraph (2) and inserting the following new paragraph: “(2) Methods of determination.— “(A) In general.— The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subchapter may be determined through— “(i) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or “(ii) such other means as the Secretary determines are appropriate. “(B) Grasslands.— In the case of eligible land described in section 1231(b)(3), the Secretary shall make annual payments in an amount that is not more than 75 percent of the grazing value of the land covered by the contract.” ; and

15. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(c)(3)(A) · 128 Stat. 649

    Substituted · 16 U.S.C. § 3834(d)(5)(A)

    Pub. L. 113–79, § 2005(c)(3)(A), substituted “, not less frequently than once every other year, conduct a survey” for “conduct an annual survey”

    Source evidence

    Code amendment note
    Subsec. (d)(5)(A). Pub. L. 113–79, § 2005(c)(3)(A), substituted “, not less frequently than once every other year, conduct a survey” for “conduct an annual survey”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by striking “conduct an annual survey” and inserting “, not less frequently than once every other year, conduct a survey”;

16. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(c)(3)(B) · 128 Stat. 649

    Struck · 16 U.S.C. § 3834(d)(5)(B)

    Pub. L. 113–79, § 2005(c)(3)(B), struck out “annual” before “survey”

    Source evidence

    Code amendment note
    Subsec. (d)(5)(B). Pub. L. 113–79, § 2005(c)(3)(B), struck out “annual” before “survey”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by striking “annual”; and

17. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(c)(3)(C) · 128 Stat. 649

    Added · 16 U.S.C. § 3834(d)(5)(C)

    Pub. L. 113–79, § 2005(c)(3)(C), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (d)(5)(C). Pub. L. 113–79, § 2005(c)(3)(C), added subpar. (C).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(C) Use.— The Secretary may use the estimates derived from the survey conducted under subparagraph (A) relating to dryland cash rental rates as a factor in determining rental rates under this section in a manner determined appropriate by the Secretary.” .

18. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(d) · 128 Stat. 649

    Amended · 16 U.S.C. § 3834(e)

    Pub. L. 113–79, § 2005(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to cash or in-kind payments

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–79, § 2005(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to cash or in-kind payments.

    Enacted provision · exact public law section
    (d) Payment Schedule.— Subsection (e) of section 1234 of the Food Security Act of 1985 (as redesignated by subsection (b)(2)) is amended to read as follows: “(e) Payment Schedule.— “(1) In general.— Except as otherwise provided in this section, payments under this subchapter shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract. “(2) Advance payment.— Payments under this subchapter may be made in advance of determination of performance.” .

19. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(b)(2) · 128 Stat. 649

    Redesignated · 16 U.S.C. § 3834(e)

    Pub. L. 113–79, § 2005(b)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–79, § 2005(b)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (2) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and

20. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(b)(2) · 128 Stat. 649

    Redesignated · 16 U.S.C. § 3834(f); 16 U.S.C. § 3834(g)

    Pub. L. 113–79, § 2005(b)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively. Former subsec. (g) redesignated (h)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 113–79, § 2005(b)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively. Former subsec. (g) redesignated (h).

    Enacted provision · exact public law section
    (2) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and

21. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(e)(1) · 128 Stat. 649

    Struck · 16 U.S.C. § 3834(g)(1)

    Pub. L. 113–79, § 2005(e)(1), struck out “, including rental payments made in the form of in-kind commodities,” after “total amount of rental payments”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 113–79, § 2005(e)(1), struck out “, including rental payments made in the form of in-kind commodities,” after “total amount of rental payments”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “, including rental payments made in the form of in-kind commodities,”;

22. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(e)(2) · 128 Stat. 649

    1. Redesignated · 16 U.S.C. § 3834(g)(2)(4)

       Pub. L. 113–79, § 2005(e)(2), (3), redesignated par. (4) as (2)

    2. Struck · 16 U.S.C. § 3834(g)(2)(4)

       Pub. L. 113–79, § 2005(e)(2), (3), struck out par. (3). Prior to amendment, text of par. (3) read as follows: “Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002.”

    Source evidence

    Code amendment note
    Subsec. (g)(2) to (4). Pub. L. 113–79, § 2005(e)(2), (3), redesignated par. (4) as (2) and struck out par. (3). Prior to amendment, text of par. (3) read as follows: “Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002.”

    Enacted provision · exact public law section
    (2) by striking paragraph (3); and

23. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2005(b)(2) · 128 Stat. 649

    Redesignated · 16 U.S.C. § 3834(h)

    Pub. L. 113–79, § 2005(b)(2), redesignated subsec. (g) as (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 113–79, § 2005(b)(2), redesignated subsec. (g) as (h).

    Enacted provision · exact public law section
    (2) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and

24. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(a) · 132 Stat. 4490

    1. Added · 16 U.S.C. § 3834(b)(2)(5)

       Pub. L. 115–334, § 2207(a), added par. (2)

    2. Redesignated · 16 U.S.C. § 3834(b)(2)(5)

       Pub. L. 115–334, § 2207(a), redesignated par. (5) as (3)

    3. Substituted · 16 U.S.C. § 3834(b)(2)(5)

       Pub. L. 115–334, § 2207(a), substituted “Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under section 3831a of this title, an owner” for “An owner”

    4. Added · 16 U.S.C. § 3834(b)(2)(5)

       Pub. L. 115–334, § 2207(a), added par. (4)

    5. Struck · 16 U.S.C. § 3834(b)(2)(5)

       Pub. L. 115–334, § 2207(a), struck out former pars. (2) to (4) which related to limitation on payments, payments for land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors, and extension of planting of hardwood trees over a 3-year period, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(2) to (5). Pub. L. 115–334, § 2207(a), added par. (2), redesignated par. (5) as (3) and substituted “Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under section 3831a of this title, an owner” for “An owner”, added par. (4), and struck out former pars. (2) to (4) which related to limitation on payments, payments for land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors, and extension of planting of hardwood trees over a 3-year period, respectively.

    Enacted provision · exact public law section
    (a) Cost Sharing Payments.— Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 3834(b)) is amended— (1) by striking paragraphs (2) through (4) and inserting the following: “(2) Limitations.— “(A) In general.— The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subchapter, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary. “(B) Mid-contract management grazing.— The Secretary may not make any cost sharing payment to an owner or operator under this subchapter pursuant to section 1232(a)(5). “(C) Seed cost.— In the case of seed costs related to the establishment of cover, cost sharing payments under this subchapter shall not exceed 50 percent of the actual cost of the seed mixture, as determined by the Secretary.” ; (2) by redesignating paragraph (5) as paragraph (3); (3) in paragraph (3) (as so redesignated), by striking “An owner” and inserting “Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under section 1231A, an owner”; and (4) by adding at the end the following: “(4) Practice incentives for continuous practices.— In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to an owner or operator of land enrolled under section 1231(d)(6) in an amount not to exceed 50 percent of the actual cost of establishing all measures and practices described in paragraph (1), including seed costs related to the establishment of cover, as determined by the Secretary.” .

25. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(b)(1) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3834(c)

    Pub. L. 115–334, § 2207(b)(1), substituted “Forest management incentive payments” for “Incentive payments” in heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–334, § 2207(b)(1), substituted “Forest management incentive payments” for “Incentive payments” in heading.

    Enacted provision · exact public law section
    (1) in the subsection heading, by striking “Incentive” and inserting “Forest Management Incentive”;

26. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(b)(2) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3834(c)(1)

    Pub. L. 115–334, § 2207(b)(2), substituted “Using funds made available under section 3841(a)(1)(A) of this title, the Secretary” for “The Secretary”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–334, § 2207(b)(2), substituted “Using funds made available under section 3841(a)(1)(A) of this title, the Secretary” for “The Secretary”.

    Enacted provision · exact public law section
    (2) in paragraph (1), by striking “The Secretary” and inserting “Using funds made available under section 1241(a)(1)(A), the Secretary”; and

27. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(b)(3) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3834(c)(2)

    Pub. L. 115–334, § 2207(b)(3), substituted “100 percent” for “150 percent”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 115–334, § 2207(b)(3), substituted “100 percent” for “150 percent”.

    Enacted provision · exact public law section
    (3) in paragraph (2), by striking “150 percent” and inserting “100 percent”.

28. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(1) · 132 Stat. 4490

    1. Substituted · 16 U.S.C. § 3834(d)(1)

       Pub. L. 115–334, § 2207(c)(1), substituted “the Secretary shall consider—” for “the Secretary may consider, among other things,”

    2. Inserted · 16 U.S.C. § 3834(d)(1)

       Pub. L. 115–334, § 2207(c)(1), inserted subpar. (A) designation before “the amount”

    3. Substituted · 16 U.S.C. § 3834(d)(1)

       Pub. L. 115–334, § 2207(c)(1), substituted semicolon for period at end

    4. Added · 16 U.S.C. § 3834(d)(1)

       Pub. L. 115–334, § 2207(c)(1), added subpars. (B) and (C)

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 115–334, § 2207(c)(1), substituted “the Secretary shall consider—” for “the Secretary may consider, among other things,”, inserted subpar. (A) designation before “the amount” and substituted semicolon for period at end, and added subpars. (B) and (C).

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking “the Secretary may consider, among other things, the amount” and inserting the following: “the Secretary shall consider— “(A) the amount” ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: “(B) the impact on the local farmland rental market; and “(C) such other factors as the Secretary determines to be appropriate.” ;

29. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(2)(A) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3834(d)(2)(A)

    Pub. L. 115–334, § 2207(c)(2)(A), substituted “determined through the submission of applications for such contracts by owners and operators in such manner as the Secretary may prescribe.” for “determined through—

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 115–334, § 2207(c)(2)(A), substituted “determined through the submission of applications for such contracts by owners and operators in such manner as the Secretary may prescribe.” for “determined through—

    “(i) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or “(ii) such other means as the Secretary determines are appropriate.”

    Enacted provision · exact public law section
    (A) in subparagraph (A)— (i) in clause (i), by striking “; or” and inserting a period; (ii) by striking clause (ii); and (iii) by striking “determined through—” in the matter preceding clause (i) and all that follows through “the submission of bids” in clause (i) and inserting “determined through the submission of applications”;

30. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(2)(C) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3834(d)(2)(B)

    Pub. L. 115–334, § 2207(c)(2)(C), added subpar. (B). Former subpar. (B) redesignated (C)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 115–334, § 2207(c)(2)(C), added subpar. (B). Former subpar. (B) redesignated (C).

    Enacted provision · exact public law section
    (C) by inserting after subparagraph (A) the following: “(B) Multiple enrollments.— “(i) In general.— Subject to clause (ii), if land subject to a contract entered into under this subchapter is reenrolled under section 1231(h)(1) or has been previously enrolled in the conservation reserve, the annual rental payment shall be in an amount that is not more than 85 percent in the case of general enrollment contacts, or 90 percent in the case of continuous enrollment contracts, of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs. “(ii) Conservation reserve enhancement program.— The reduction in annual rental payments under clause (i) may be waived as part of the negotiation between the Secretary and an eligible partner to enter into a conservation reserve enhancement program agreement under section 1231A.” ;

31. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(2)(B) · 132 Stat. 4490

    1. Redesignated · 16 U.S.C. § 3834(d)(2)(C)

       Pub. L. 115–334, § 2207(c)(2)(B), (D), redesignated subpar. (B) as (C)

    2. Substituted · 16 U.S.C. § 3834(d)(2)(C)

       Pub. L. 115–334, § 2207(c)(2)(B), (D), substituted “Notwithstanding subparagraph (A), in the case” for “In the case”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(C). Pub. L. 115–334, § 2207(c)(2)(B), (D), redesignated subpar. (B) as (C) and substituted “Notwithstanding subparagraph (A), in the case” for “In the case”.

    Enacted provision · exact public law section
    (B) by redesignating subparagraph (B) as subparagraph (C);

32. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(2)(E) · 132 Stat. 4490

    Added · 16 U.S.C. § 3834(d)(2)(D)

    Pub. L. 115–334, § 2207(c)(2)(E), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(D). Pub. L. 115–334, § 2207(c)(2)(E), added subpar. (D).

    Enacted provision · exact public law section
    (E) by adding at the end the following: “(D) Continuous sign-up incentives.— The Secretary shall make an incentive payment to the owner or operator of land enrolled under section 1231(d)(6) at the time of initial enrollment in an amount equal to 32.5 percent of the amount of the first annual rental payment under subparagraph (A).” ;

33. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(3) · 132 Stat. 4490

    1. Redesignated · 16 U.S.C. § 3834(d)(4)

       Pub. L. 115–334, § 2207(c)(3), (4), redesignated par. (5) as (4)

    2. Struck · 16 U.S.C. § 3834(d)(4)

       Pub. L. 115–334, § 2207(c)(3), (4), struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “In the case of acreage enrolled in the conservation reserve established under this subpart that is to be devoted to hardwood trees, the Secretary may consider bids for contracts under this subsection on a continuous basis.”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 115–334, § 2207(c)(3), (4), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “In the case of acreage enrolled in the conservation reserve established under this subpart that is to be devoted to hardwood trees, the Secretary may consider bids for contracts under this subsection on a continuous basis.”

    Enacted provision · exact public law section
    (3) by striking paragraph (4);

34. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(5)(A) · 132 Stat. 4490

    1. Substituted · 16 U.S.C. § 3834(d)(4)(A)

       Pub. L. 115–334, § 2207(c)(5)(A), substituted “annually” for “, not less frequently than once every other year,”

    2. Inserted · 16 U.S.C. § 3834(d)(4)(A)

       Pub. L. 115–334, § 2207(c)(5)(A), inserted “, and shall publish the estimates derived from the survey not later than September 15 of each year” before period at end

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A). Pub. L. 115–334, § 2207(c)(5)(A), substituted “annually” for “, not less frequently than once every other year,” and inserted “, and shall publish the estimates derived from the survey not later than September 15 of each year” before period at end.

    Enacted provision · exact public law section
    (A) in subparagraph (A)— (i) by striking “, not less frequently than once every other year,” and inserting “annually”; and (ii) by inserting “, and shall publish the estimates derived from the survey not later than September 15 of each year” before the period at the end;

35. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(5)(B) · 132 Stat. 4490

    Inserted · 16 U.S.C. § 3834(d)(4)(B)

    Pub. L. 115–334, § 2207(c)(5)(B), inserted “and the average current and previous soil rental rates for each county” before “shall be maintained”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B). Pub. L. 115–334, § 2207(c)(5)(B), inserted “and the average current and previous soil rental rates for each county” before “shall be maintained”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by inserting “and the average current and previous soil rental rates for each county” after “subparagraph (A)”;

36. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(5)(C) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3834(d)(4)(C)

    Pub. L. 115–334, § 2207(c)(5)(C), substituted “shall consider” for “may use”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(C). Pub. L. 115–334, § 2207(c)(5)(C), substituted “shall consider” for “may use”.

    Enacted provision · exact public law section
    (C) in subparagraph (C), by striking “may use” and inserting “shall consider”; and

37. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(5)(D) · 132 Stat. 4490

    Added · 16 U.S.C. § 3834(d)(4)(D); 16 U.S.C. § 3834(d)(4)(E)

    Pub. L. 115–334, § 2207(c)(5)(D), added subpars. (D) and (E)

    Source evidence

    Code amendment note
    Subsec. (d)(4)(D), (E). Pub. L. 115–334, § 2207(c)(5)(D), added subpars. (D) and (E).

    Enacted provision · exact public law section
    (D) by adding at the end the following: “(D) Submission of additional information by state fsa offices and crep partners.— “(i) In general.— The Secretary shall provide an opportunity for State Committees of the Farm Service Agency or eligible partners (as defined in section 1231A(a)) in conservation reserve enhancement programs under section 1231A to propose an alternative soil rental rate prior to finalizing new rates, on the condition that documentation described in clause (ii) is provided to support the proposed alternative. “(ii) Acceptable documentation.— Documentation referred to in clause (i) includes— “(I) an average of cash rents from a random sample of lease agreements; “(II) cash rent estimates from a published survey; “(III) neighboring county estimate comparisons from the National Agricultural Statistics Service; “(IV) an average of cash rents from Farm Service Agency farm business plans; “(V) models that estimate cash rents, such as models that use returns to estimate crop production or land value data; or “(VI) other documentation, as determined by the Secretary. “(iii) Notification.— Not less than 14 days prior to the announcement of new or revised soil rental rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, including information on and the rationale for the alternative rates proposed under clause (i) that were accepted or rejected. “(E) Rental rate limitation.— Notwithstanding forest management incentive payments described in subsection (c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed— “(i) 85 percent of the estimated rental rate determined under this paragraph for general enrollment; or “(ii) 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.” .

38. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(c)(4) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3834(d)(5)

    Pub. L. 115–334, § 2207(c)(4), redesignated par. (5) as (4)

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 115–334, § 2207(c)(4), redesignated par. (5) as (4).

    Enacted provision · exact public law section
    (4) by redesignating paragraph (5) as paragraph (4); and

39. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(d)(1) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3834(g)(1)

    Pub. L. 115–334, § 2207(d)(1), substituted “Except as provided in paragraph (2), the total” for “The total”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 115–334, § 2207(d)(1), substituted “Except as provided in paragraph (2), the total” for “The total”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “The total” and inserting “Except as provided in paragraph (2), the total”; and

40. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2207(d)(2) · 132 Stat. 4490

    1. Added · 16 U.S.C. § 3834(g)(2)

       Pub. L. 115–334, § 2207(d)(2), added par. (2)

    2. Struck · 16 U.S.C. § 3834(g)(2)

       Pub. L. 115–334, § 2207(d)(2), struck out former par. (2) which related to applicability of payment limitations relative to agreements entered into under a special conservation reserve enhancement program

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 115–334, § 2207(d)(2), added par. (2) and struck out former par. (2) which related to applicability of payment limitations relative to agreements entered into under a special conservation reserve enhancement program.

    Enacted provision · exact public law section
    (2) by striking paragraph (2) and inserting the following: “(2) Wellhead protection.— Paragraph (1) and section 1001D(b) shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subchapter for the purpose of protecting a wellhead.” .

56 of 56 references resolved to an enrolled provision