§ 3839bb. Conservation of private grazing land

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. 1996

   Food Security Act of 1985

   Pub. L. 99–198 title XII § 1240M · 99 Stat. 1354

   Enacted · 16 U.S.C. § 3839bb

   Pub. L. 99–198, title XII, § 1240M, as added Pub. L. 104–127, title III, § 335, Apr. 4, 1996, 110 Stat. 1002

   Source evidence

   Code source credit
   Pub. L. 99–198, title XII, § 1240M, as added Pub. L. 104–127, title III, § 335, Apr. 4, 1996, 110 Stat. 1002

2. 2002

   Pub. L. 107–171 title II § 2502(a) · 116 Stat. 134

   Amended · 16 U.S.C. § 3839bb

   Pub. L. 107–171 amended section catchline and text generally. Prior to amendment, section required the Secretary to establish conservation farm option pilot programs for producers of wheat, feed grains, cotton, and rice

   Source evidence

   Code amendment note
   Pub. L. 107–171 amended section catchline and text generally. Prior to amendment, section required the Secretary to establish conservation farm option pilot programs for producers of wheat, feed grains, cotton, and rice.

   Enacted provision · exact public law section
   (a) In General.— Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839bb et seq.) is amended to read as follows: “CHAPTER 5— OTHER CONSERVATION PROGRAMS “SEC. 1238M. CONSERVATION OF PRIVATE GRAZING LAND. “(a) Purpose.— It is the purpose of this section to authorize the Secretary to provide a coordinated technical, educational, and related assistance program to conserve and enhance private grazing land resources and provide related benefits to all citizens of the United States by— “(1) establishing a coordinated and cooperative Federal, State, and local grazing conservation program for management of private grazing land; “(2) strengthening technical, educational, and related assistance programs that provide assistance to owners and managers of private grazing land; “(3) conserving and improving wildlife habitat on private grazing land; “(4) conserving and improving fish habitat and aquatic systems through grazing land conservation treatment; “(5) protecting and improving water quality; “(6) improving the dependability and consistency of water supplies; “(7) identifying and managing weed, noxious weed, and brush encroachment problems on private grazing land; and “(8) integrating conservation planning and management decisions by owners and managers of private grazing land, on a voluntary basis. “(b) Definitions.— In this section: “(1) Department.— The term ‘Department’ means the Department of Agriculture. “(2) Private grazing land.— The term ‘private grazing land’ means private, State-owned, tribally-owned, and any other non-federally owned rangeland, pastureland, grazed forest land, and hay land. “(3) Secretary.— The term ‘Secretary’ means the Secretary of Agriculture. “(c) Private Grazing Land Conservation Assistance.— “(1) Assistance to grazing landowners and others.— Subject to the availability of appropriations for this section, the Secretary shall establish a voluntary program to provide technical, educational, and related assistance to owners and managers of private grazing land and public agencies, through local conservation districts, to enable the landowners, managers, and public agencies to voluntarily carry out activities that are consistent with this section, including— “(A) maintaining and improving private grazing land and the multiple values and uses that depend on private grazing land; “(B) implementing grazing land management technologies; “(C) managing resources on private grazing land, including— “(i) planning, managing, and treating private grazing land resources; “(ii) ensuring the long-term sustainability of private grazing land resources; “(iii) harvesting, processing, and marketing private grazing land resources; and “(iv) identifying and managing weed, noxious weed, and brush encroachment problems; “(D) protecting and improving the quality and quantity of water yields from private grazing land; “(E) maintaining and improving wildlife and fish habitat on private grazing land; “(F) enhancing recreational opportunities on private grazing land; “(G) maintaining and improving the aesthetic character of private grazing land; “(H) identifying the opportunities and encouraging the diversification of private grazing land enterprises; and “(I) encouraging the use of sustainable grazing systems, such as year-round, rotational, or managed grazing. “(2) Program elements.— “(A) Funding.— If funding is provided to carry out this section, it shall be provided through a specific lineitem in the annual appropriations for the Natural Resources Conservation Service. “(B) Technical assistance and education.— Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, at the request of the owners and managers. “(d) Grazing Technical Assistance Self-Help.— “(1) Findings.— Congress finds that— “(A) there is a severe lack of technical assistance for farmers and ranchers that graze livestock; “(B) Federal budgetary constraints preclude any significant expansion, and may force a reduction of, current levels of technical support; and “(C) farmers and ranchers have a history of cooperatively working together to address common needs in the promotion of their products and in the drainage of wet areas through drainage districts. “(2) Establishment of grazing demonstration.— In accordance with paragraph (3), the Secretary may establish 2 grazing management demonstration districts at the recommendation of the grazing land conservation initiative steering committee. “(3) Procedure.— “(A) Proposal.— Within a reasonable time after the submission of a request of an organization of farmers or ranchers engaged in grazing, the Secretary shall propose that a grazing management district be established. “(B) Funding.— The terms and conditions of the funding and operation of the grazing management district shall be proposed by the producers. “(C) Approval.— The Secretary shall approve the proposal if the Secretary determines that the proposal— “(i) is reasonable; “(ii) will promote sound grazing practices; and “(iii) contains provisions similar to the provisions contained in the beef promotion and research order issued under section 4 of the Beef Research and Information Act (7 U.S.C. 2903) in effect on April 4, 1996. “(D) Area included.— The area proposed to be included in a grazing management district shall be determined by the Secretary on the basis of an application by farmers or ranchers. “(E) Authorization.— The Secretary may use authority under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to operate, on a demonstration basis, a grazing management district. “(F) Activities.— The activities of a grazing management district shall be scientifically sound activities, as determined by the Secretary in consultation with a technical advisory committee composed of ranchers, farmers, and technical experts. “(e) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2002 through 2007. “SEC. 1240N. WILDLIFE HABITAT INCENTIVE PROGRAM. “(a) In General.— The Secretary, in consultation with the State technical committees established under section 1261, shall establish within the Natural Resources Conservation Service a program to be known as the wildlife habitat incentive program (referred to in this section as the ‘program’). “(b) Cost-Share Payments.— “(1) In general.— Under the program, the Secretary shall make cost-share payments to landowners to develop)— “(A) upland wildlife habitat; “(B) wetland wildlife habitat; “(C) habitat for threatened and endangered species; “(D) fish habitat; and “(E) other types of wildlife habitat approved by the Secretary. “(2) Increased cost share for long-term agreements.— “(A) In general.— In a case in which the Secretary enters into an agreement or contract to protect and restore plant and animal habitat that has a term of at least 15 years, the Secretary may provide cost-share payments in addition to amounts provided under paragraph (1). “(B) Funding limitation.— The Secretary may use, for a fiscal year, not more than 15 percent of funds made available under section 1241(a)(7) for the fiscal year to carry out contracts and agreements described in subparagraph (A). “(c) Regional Equity.— In cariying out this section, the Secretary shall, to the maximum extent practicable, ensure that regional issues of concern relating to wildlife habitat are addressed in an appropriate manner. “SEC. 1240O. GRASSROOTS SOURCE WATER PROTECTION PROGRAM. “(a) In General.— The Secretary shall establish a national grassroots water protection program to more effectively use onsite technical assistance capabilities of each State rural water association that, as of the date of enactment of this section, operates a wellhead or groundwater protection program in the State. “(b) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 through 2007. “SEC. 1240P. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND SEDIMENT CONTROL. “(a) In General.— The Secretary, in consultation with the Great Lakes Commission created by Article IV of the Great Lakes Basin Compact (82 Stat. 415) and in cooperation with the Administrator of the Environmental Protection Agency and the Secretary of the Army, may carry out the Great Lakes basin program for soil erosion and sediment control (referred to in this section as the ‘program’). “(b) Assistance.— In carrying out the program, the Secretary may— “(1) provide project demonstration grants, provide technical assistance, and carry out information and education programs to improve water quality in the Great Lakes basin by reducing soil erosion and improving sediment control; and “(2) provide a priority for projects and activities that directly reduce soil erosion or improve sediment control. “(c) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 through 2007.”.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2601 · 122 Stat. 1651

   Substituted · 16 U.S.C. § 3839bb(e)

   Pub. L. 110–246, § 2601, substituted “2012” for “2007”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 110–246, § 2601, substituted “2012” for “2007”.

   Enacted provision · exact public law section
   SEC. 2601. CONSERVATION OF PRIVATE GRAZING LAND.   Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C. 3839bb(e)) is amended by striking “2007” and inserting “2012”.

   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. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title II § 2501 · 128 Stat. 649

   Substituted · 16 U.S.C. § 3839bb(e)

   Pub. L. 113–79 substituted “2018” for “2012”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 113–79 substituted “2018” for “2012”.

   Enacted provision · exact public law section
   SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND.   Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C. 3839bb(e)) is amended by striking “2012” and inserting “2018”.

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2404(1) · 132 Stat. 4490

   Added · 16 U.S.C. § 3839bb(c)(2)(C)

   Pub. L. 115–334, § 2404(1), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 115–334, § 2404(1), added subpar. (C).

   Enacted provision · exact public law section
   (1) in subsection (c)(2), by adding at the end the following: “(C) Partnerships.— In carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with— “(i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and “(ii) nongovernmental organizations.” ; and

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2404(2) · 132 Stat. 4490

   Substituted · 16 U.S.C. § 3839bb(e)

   Pub. L. 115–334, § 2404(2), substituted “2023” for “2018”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 115–334, § 2404(2), substituted “2023” for “2018”.

   Enacted provision · exact public law section
   (2) in subsection (e), by striking “2018” and inserting “2023”.

5 of 6 references resolved to an enrolled provision · 1 partial