§ 3842. Delivery of technical assistance

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 § 1242 · 99 Stat. 1354

   Enacted · 16 U.S.C. § 3842

   Pub. L. 99–198, title XII, § 1242, as added Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 279

   Source evidence

   Code source credit
   Pub. L. 99–198, title XII, § 1242, as added Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 279

   Enacted provision · exact public law section
   Sec. 1242. use of other agencies (a) In carrying out subtitles B, C, and D, the Secretary 16 USC 3842. Ante. pp. 1506, 1507, 1509. shall use the services of local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)). (b) (1) In carrying out subtitle D, the Secretary may utilize the Schools and colleges. services of the Soil Conservation Service and the Forest Service, the Fish and Wildlife Service, State forestry agencies, State fish and game agencies, land-grant colleges, local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h), soil and water conservation districts, and other appropriate agencies. (2) In carrying out subtitle D at the State and county levels, the Schools and colleges. Secretary shall consult with, to the extent practicable, the Fish and Wildlife Service, State forestry agencies, State fish and game agencies, land-grant colleges, soil-conservation districts, and other appropriate agencies.

2. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2706 · 122 Stat. 1651

   Amended · 16 U.S.C. § 3842

   Pub. L. 110–246, § 2706, amended section generally. Prior to amendment, section related to: in subsec. (a), provision of technical assistance to an eligible producer directly or through an approved third party; and, in subsec. (b), establishment of a system to certify third-party providers, transition provisions for persons that had provided assistance before May 13, 2002, and cooperative agreements or contracts with non-Federal entities

   Source evidence

   Code amendment note
   Pub. L. 110–246, § 2706, amended section generally. Prior to amendment, section related to: in subsec. (a), provision of technical assistance to an eligible producer directly or through an approved third party; and, in subsec. (b), establishment of a system to certify third-party providers, transition provisions for persons that had provided assistance before May 13, 2002, and cooperative agreements or contracts with non-Federal entities.

   Enacted provision · exact public law section
   SEC. 2706. DELIVERY OF CONSERVATION TECHNICAL ASSISTANCE.   Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended to read as follows: “SEC. 1242. DELIVERY OF TECHNICAL ASSISTANCE. “(a) Definition of Eligible Participant.— In this section, the term ‘eligible participant’ means a producer, landowner, or entity that is participating in, or seeking to participate in, programs for which the producer, landowner, or entity is otherwise eligible to participate in under this title or the agricultural management assistance program under section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524). “(b) Purpose of Technical Assistance.— The purpose of technical assistance authorized by this section is to provide eligible participants with consistent, science-based, site-specific practices designed to achieve conservation objectives on land active in agricultural, forestry, or related uses. “(c) Provision of Technical Assistance.— The Secretary shall provide technical assistance under this title to an eligible participant— “(1) directly; “(2) through an agreement with a third-party provider; or “(3) at the option of the eligible participant, through a payment, as determined by the Secretary, to the eligible participant for an approved third-party provider, if available. “(d) Non-Federal Assistance.— The Secretary may request the services of, and enter into cooperative agreements or contracts with, other agencies within the Department or non-Federal entities to assist the Secretary in providing technical assistance necessary to assist in implementing conservation programs under this title. “(e) Certification of Third-Party Providers.— “(1) Purpose.— The purpose of the third-party provider program is to increase the availability and range of technical expertise available to eligible participants to plan and implement conservation measures. “(2) Regulations.— Not later than 180 days after the date of the enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall promulgate such regulations as are necessary to carry out this section. “(3) Expertise.— In promulgating such regulations, the Secretary, to the maximum extent practicable, shall— “(A) ensure that persons with expertise in the technical aspects of conservation planning, watershed planning, and environmental engineering, including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies, are eligible to become approved providers of the technical assistance; “(B) provide national criteria for the certification of third party providers; and “(C) approve any unique certification standards established at the State level. “(f) Administration.— “(1) Funding.— Effective for fiscal year 2008 and each subsequent fiscal year, funds of the Commodity Credit Corporation made available to carry out technical assistance for each of the programs specified in section 1241 shall be available for the provision of technical assistance from third-party providers under this section. “(2) Term of agreement.— An agreement with a third-party provider under this section shall have a term that— “(A) at a minimum, is equal to the period beginning on the date on which the agreement is entered into and ending on the date that is 1 year after the date on which all activities performed pursuant to the agreement have been completed; “(B) does not exceed 3 years; and “(C) can be renewed, as determined by the Secretary. “(3) Review of certification requirements.— Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall— “(A) review certification requirements for third-party providers; and “(B) make any adjustments considered necessary by the Secretary to improve participation. “(4) Eligible activities.— “(A) Inclusion of activities.— The Secretary may include as activities eligible for payments to a third party provider— “(i) technical services provided directly to eligible participants, such as conservation planning, education and outreach, and assistance with design and implementation of conservation practices; and “(ii) related technical assistance services that accelerate conservation program delivery. “(B) Exclusions.— The Secretary shall not designate as an activity eligible for payments to a third party provider any service that is provided by a business, or equivalent, in connection with conducting business and that is customarily provided at no cost. “(5) Payment amounts.— The Secretary shall establish fair and reasonable amounts of payments for technical services provided by third-party providers. “(g) Availability of Technical Services.— “(1) In general.— In carrying out the programs under this title and the agricultural management assistance program under section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524), the Secretary shall make technical services available to all eligible participants who are installing an eligible practice. “(2) Technical service contracts.— In any case in which financial assistance is not provided under a program referred to in paragraph (1), the Secretary may enter into a technical service contract with the eligible participant for the purposes of assisting in the planning, design, or installation of an eligible practice. “(h) Review of Conservation Practice Standards.— “(1) Review required.— The Secretary shall— “(A) review conservation practice standards, including engineering design specifications, in effect on the date of the enactment of the Food, Conservation, and Energy Act of 2008; “(B) ensure, to the maximum extent practicable, the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs, including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and such other needs as are determined by the Secretary; and “(C) ensure that the standards provide for the optimal balance between meeting site-specific conservation needs and minimizing risks of design failure and associated costs of construction and installation. “(2) Consultation.— In conducting the review under paragraph (1), the Secretary shall consult with eligible participants, crop consultants, cooperative extension and land grant universities, nongovernmental organizations, and other qualified entities. “(3) Expedited revision of standards.— If the Secretary determines under paragraph (1) that revisions to the conservation practice standards, including engineering design specifications, are necessary, the Secretary shall establish an administrative process for expediting the revisions. “(i) Addressing Concerns of Speciality Crop, Organic, and Precision Agriculture Producers.— “(1) In general.— The Secretary shall— “(A) to the maximum extent practicable, fully incorporate specialty crop production, organic crop production, and precision agriculture into the conservation practice standards; and “(B) provide for the appropriate range of conservation practices and resource mitigation measures available to producers involved with organic or specialty crop production or precision agriculture. “(2) Availability of adequate technical assistance.— “(A) In general.— The Secretary shall ensure that adequate technical assistance is available for the implementation of conservation practices by producers involved with organic, specialty crop production, or precision agriculture through Federal conservation programs. “(B) Requirements.— In carrying out subparagraph (A), the Secretary shall develop— “(i) programs that meet specific needs of producers involved with organic, specialty crop production or precision agriculture through cooperative agreements with other agencies and nongovernmental organizations; and “(ii) program specifications that allow for innovative approaches to engage local resources in providing technical assistance for planning and implementation of conservation practices.” .

   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. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title II § 2713(c) · 128 Stat. 649

   Substituted · 16 U.S.C. § 3842(i)

   Pub. L. 113–79 substituted “specialty” for “speciality” in heading

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 113–79 substituted “specialty” for “speciality” in heading.

   Enacted provision · exact public law section
   (c) Specialty Crop Producers.— Section 1242(i) of the Food Security Act of 1985 (16 U.S.C. 3842(i)) is amended in the header by striking “Speciality” and inserting “Specialty”.

4. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2502(a) · 132 Stat. 4490

   Amended · 16 U.S.C. § 3842(a)

   Pub. L. 115–334, § 2502(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “In this section, the term ‘eligible participant’ means a producer, landowner, or entity that is participating in, or seeking to participate in, programs for which the producer, landowner, or entity is otherwise eligible to participate in under this chapter or the agricultural management assistance program under section 1524 of title 7.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–334, § 2502(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “In this section, the term ‘eligible participant’ means a producer, landowner, or entity that is participating in, or seeking to participate in, programs for which the producer, landowner, or entity is otherwise eligible to participate in under this chapter or the agricultural management assistance program under section 1524 of title 7.”

   Enacted provision · exact public law section
   (a) Definitions.— Section 1242(a) of the Food Security Act of 1985 (16 U.S.C. 3842(a)) is amended to read as follows: “(a) Definitions.— In this section: “(1) Eligible participant.— The term ‘eligible participant’ means a producer, landowner, or entity that is participating in, or seeking to participate in, programs in which the producer, landowner, or entity is otherwise eligible to participate under this title or the agricultural management assistance program under section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)). “(2) Third-party provider.— The term ‘third-party provider’ means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity (as defined by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Federal agency, that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed planning, or environmental engineering.” .

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2821(e) · 132 Stat. 4490

   Substituted · 16 U.S.C. § 3842(e)(3)(B)

   Pub. L. 115–334, § 2821(e), substituted “third-party” for “third party”

   Source evidence

   Code amendment note
   Subsec. (e)(3)(B). Pub. L. 115–334, § 2821(e), substituted “third-party” for “third party”.

   Enacted provision · exact public law section
   (e) Delivery of Technical Assistance.— Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended by striking “third party” each place it appears and inserting “third-party”.

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2502(b) · 132 Stat. 4490

   Added · 16 U.S.C. § 3842(e)(4); 16 U.S.C. § 3842(e)(5)

   Pub. L. 115–334, § 2502(b), added pars. (4) and (5)

   Source evidence

   Code amendment note
   Subsec. (e)(4), (5). Pub. L. 115–334, § 2502(b), added pars. (4) and (5).

   Enacted provision · exact public law section
   (b) Certification Process.— Section 1242(e) of the Food Security Act of 1985 (16 U.S.C. 3842(e)) is amended by adding at the end the following: “(4) Certification process.— The Secretary shall certify a third-party provider through— “(A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; or “(B) a non-Federal entity approved by the Secretary to perform the certification. “(5) Streamlined certification.— The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a sustainability certification.” .

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2821(e) · 132 Stat. 4490

   Substituted · 16 U.S.C. § 3842(f)(4)

   Pub. L. 115–334, § 2821(e), substituted “third-party” for “third party” in subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (f)(4). Pub. L. 115–334, § 2821(e), substituted “third-party” for “third party” in subpars. (A) and (B).

   Enacted provision · exact public law section
   (e) Delivery of Technical Assistance.— Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended by striking “third party” each place it appears and inserting “third-party”.

8. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2502(c)(1)(A) · 132 Stat. 4490

   1. Added · 16 U.S.C. § 3842(h)(1)(A)

      Pub. L. 115–334, § 2502(c)(1)(A), added subpar. (A)

   2. Struck · 16 U.S.C. § 3842(h)(1)(A)

      Pub. L. 115–334, § 2502(c)(1)(A), struck out former subpar. (A) which read as follows: “review conservation practice standards, including engineering design specifications, in effect on the date of the enactment of the Food, Conservation, and Energy Act of 2008;”

   Source evidence

   Code amendment note
   Subsec. (h)(1)(A). Pub. L. 115–334, § 2502(c)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “review conservation practice standards, including engineering design specifications, in effect on the date of the enactment of the Food, Conservation, and Energy Act of 2008;”.

   Enacted provision · exact public law section
   (A) by striking subparagraph (A) and inserting the following: “(A) not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, complete a review of each conservation practice standard, including engineering design specifications, in effect on the day before the date of enactment of that Act;” ;

9. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2502(c)(1)(B) · 132 Stat. 4490

   Added · 16 U.S.C. § 3842(h)(1)(D)

   Pub. L. 115–334, § 2502(c)(1)(B)–(D), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (h)(1)(D). Pub. L. 115–334, § 2502(c)(1)(B)–(D), added subpar. (D).

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

10. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2502(c)(2) · 132 Stat. 4490

    Inserted · 16 U.S.C. § 3842(h)(2)

    Pub. L. 115–334, § 2502(c)(2), inserted “State technical committees established under section 3861(a) of this title,” before “crop consultants,”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 115–334, § 2502(c)(2), inserted “State technical committees established under section 3861(a) of this title,” before “crop consultants,”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting “State technical committees established under section 1261(a),” before “crop consultants”; and

11. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2502(c)(3) · 132 Stat. 4490

    1. Added · 16 U.S.C. § 3842(h)(3); 16 U.S.C. § 3842(h)(4)

       Pub. L. 115–334, § 2502(c)(3), added pars. (3) and (4)

    2. Struck · 16 U.S.C. § 3842(h)(3); 16 U.S.C. § 3842(h)(4)

       Pub. L. 115–334, § 2502(c)(3), struck out former par. (3). Prior to amendment, text of par. (3) read as follows: “If the Secretary determines under paragraph (1) that revisions to the conservation practice standards, including engineering design specifications, are necessary, the Secretary shall establish an administrative process for expediting the revisions.”

    Source evidence

    Code amendment note
    Subsec. (h)(3), (4). Pub. L. 115–334, § 2502(c)(3), added pars. (3) and (4) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: “If the Secretary determines under paragraph (1) that revisions to the conservation practice standards, including engineering design specifications, are necessary, the Secretary shall establish an administrative process for expediting the revisions.”

    Enacted provision · exact public law section
    (3) by striking paragraph (3) and inserting the following: “(3) Expedited revision of standards.— Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall develop for the programs under this title an administrative process for— “(A) expediting the establishment and revision of conservation practice standards; “(B) considering conservation innovations and scientific and technological advancements with respect to any establishment or revision under subparagraph (A); “(C) allowing local flexibility in the creation of— “(i) interim practice standards and supplements to existing practice standards to address the considerations described in subparagraph (B); and “(ii) partnership-led proposals for new and innovative techniques to facilitate implementing agreements and grants under this title; and “(D) soliciting regular input from State technical committees established under section 1261(a) for recommendations that identify innovations or advancements described in subparagraph (B). “(4) Report.— Not later than 2 years after the date of enactment of the Agriculture Improvement Act of 2018, and every 2 years thereafter, the Secretary shall submit to Congress a report on— “(A) the administrative process developed under paragraph (3); “(B) conservation practice standards that were established or revised under that process; and “(C) conservation innovations that were considered under that process.” .

13 of 13 references resolved to an enrolled provision