§ 3844. Administrative requirements for conservation programs

Footnotes

1. 1 See References in Text note below.

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 § 1244 · 99 Stat. 1354

   Enacted · 16 U.S.C. § 3844

   Pub. L. 99–198, title XII, § 1244, as added Pub. L. 107–171, title II, § 2004(a), May 13, 2002, 116 Stat. 235

   Source evidence

   Code source credit
   Pub. L. 99–198, title XII, § 1244, as added Pub. L. 107–171, title II, § 2004(a), May 13, 2002, 116 Stat. 235

   Enacted provision · exact public law section
   Sec. 1244. regulations Not later than 180 days after the date of 16 USC 3844. enactment of this Act, the Secretary shall issue such regulations as the Secretary determines are necessary to carry out subtitles A through E, including regulations that— (1) define the term “person”; (2) govern the determination of persons who shall be ineligible for program benefits under subtitles B and C, so as to ensure a fair and reasonable determination of ineligibility; and (3) protect the interests of landlords, tenants, and sharecroppers.

2. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2708(1) · 122 Stat. 1651

   1. Added · 16 U.S.C. § 3844(a)

      Pub. L. 110–246, § 2708(1), added subsec. (a)

   2. Struck · 16 U.S.C. § 3844(a)

      Pub. L. 110–246, § 2708(1), struck out former subsec. (a). Prior to amendment, text read as follows: “In carrying out any conservation program administered by the Secretary, the Secretary may provide to beginning farmers and ranchers and Indian tribes (as those terms are defined in section 3838 of this title) and limited resource agricultural producers incentives to participate in the conservation program to—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–246, § 2708(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “In carrying out any conservation program administered by the Secretary, the Secretary may provide to beginning farmers and ranchers and Indian tribes (as those terms are defined in section 3838 of this title) and limited resource agricultural producers incentives to participate in the conservation program to—

   “(1) foster new farming and ranching opportunities; and “(2) enhance environmental stewardship over the long term.”

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following new subsection: “(a) Incentives for Certain Farmers and Ranchers and Indian Tribes.— “(1) Incentives authorized.— In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program— “(A) to foster new farming and ranching opportunities; and “(B) to enhance long-term environmental goals. “(2) Covered persons.— Incentives authorized by paragraph (1) may be provided to the following: “(A) Beginning farmers or ranchers. “(B) Socially disadvantaged farmers or ranchers. “(C) Limited resource farmers or ranchers. “(D) Indian tribes.” ; 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.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2707(a) · 122 Stat. 1651

   Redesignated · 16 U.S.C. § 3844(c)(e)

   Pub. L. 110–246, § 2707(a), transferred subsecs. (a), (c), and (d) of section 3843 of this title and redesignated them as subsecs. (c) to (e), respectively, of this section. See Codification note above

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 110–246, § 2707(a), transferred subsecs. (a), (c), and (d) of section 3843 of this title and redesignated them as subsecs. (c) to (e), respectively, of this section. See Codification note above.

   Enacted provision · exact public law section
   (a) Transfer of Existing Provisions.— Subsections (a), (c), and (d) of section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) are— (1) redesignated as subsections (c), (d), and (e), respectively; and (2) transferred to appear at the end of section 1244 of such Act (16 U.S.C. 3844).

   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 § 2708(2) · 122 Stat. 1651

   Added · 16 U.S.C. § 3844(f)(i)

   Pub. L. 110–246, § 2708(2), added subsecs. (f) to (i)

   Source evidence

   Code amendment note
   Subsecs. (f) to (i). Pub. L. 110–246, § 2708(2), added subsecs. (f) to (i).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsections: “(f) Acreage Limitations.— “(1) Limitations.— “(A) Enrollments.— The Secretary shall not enroll more than 25 percent of the cropland in any county in the programs administered under subchapters B and C of chapter 1 of subtitle D. “(B) Easements.— Not more than 10 percent of the cropland in a country may be subject to an easement acquired under subchapter C of chapter 1 of subtitle D. “(2) Exceptions.— The Secretary may exceed the limitation in paragraph (1)(A), if the Secretary determines that— “(A) the action would not adversely affect the local economy of a county; and “(B) operators in the county are having difficulties complying with conservation plans implemented under section 1212. “(3) Waiver to exclude certain acreage.— The Secretary may grant a waiver to exclude acreage enrolled under subsection (c)(2)(B) or (f)(4) of section 1234 from the limitations in paragraph (1)(A) with the concurrence of the county government of the county involved. “(4) Shelterbelts and windbreaks.— The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subchapter C of chapter 1 that is used for the establishment of shelterbelts and windbreaks. “(g) Compliance and Performance.— For each conservation program under subtitle D, the Secretary shall develop procedures— “(1) to monitor compliance with program requirements; “(2) to measure program performance; “(3) to demonstrate whether the long-term conservation benefits of the program are being achieved; “(4) to track participation by crop and livestock types; and “(5) to coordinate activities described in this subsection with the national conservation program authorized under section 5 of the Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2004). “(h) Encouragement of Pollinator Habitat Development and Protection.— In carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage— “(1) the development of habitat for native and managed pollinators; and “(2) the use of conservation practices that benefit native and managed pollinators. “(i) Streamlined Application Process.— “(1) In general.— In carrying out each conservation program under this title, the Secretary shall ensure that the application process used by producers and landowners is streamlined to minimize complexity and eliminate redundancy. “(2) Review and streamlining.— “(A) Review.— The Secretary shall carry out a review of the application forms and processes for each conservation program covered by this subsection. “(B) Streamlining.— On completion of the review the Secretary shall revise application forms and processes, as necessary, to ensure that— “(i) all required application information is essential for the efficient, effective, and accountable implementation of conservation programs; “(ii) conservation program applicants are not required to provide information that is readily available to the Secretary through existing information systems of the Department of Agriculture; “(iii) information provided by the applicant is managed and delivered efficiently for use in all stages of the application process, or for multiple applications; and “(iv) information technology is used effectively to minimize data and information input requirements. “(3) Implementation and notification.— Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall submit to Congress a written notification of completion of the requirements of this subsection.” .

   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. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 2606(1) · 128 Stat. 649

   Added · 16 U.S.C. § 3844(a)(2)(E)

   Pub. L. 113–79, § 2606(1), added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(E). Pub. L. 113–79, § 2606(1), added subpar. (E).

   Enacted provision · exact public law section
   (1) in subsection (a)(2), by adding at the end the following new subparagraph: “(E) Veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).” ;

6. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 2301(b)(1)(A) · 128 Stat. 649

   1. Inserted · 16 U.S.C. § 3844(c)(1)

      Pub. L. 113–79, § 2301(b)(1)(A), inserted “and” after semicolon in subpar. (A)

   2. Struck · 16 U.S.C. § 3844(c)(1)

      Pub. L. 113–79, § 2301(b)(1)(A), struck out “and” after semicolon in subpar. (B)

   3. Struck · 16 U.S.C. § 3844(c)(1)

      Pub. L. 113–79, § 2301(b)(1)(A), struck out subpar. (C) which read as follows: “the wetlands reserve program established under subpart C of part I of subchapter IV; and”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 113–79, § 2301(b)(1)(A), inserted “and” after semicolon in subpar. (A), struck out “and” after semicolon in subpar. (B), and struck out subpar. (C) which read as follows: “the wetlands reserve program established under subpart C of part I of subchapter IV; and”.

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by inserting “and” at the end of subparagraph (A); (ii) by striking “and” at the end of subparagraph (B); and (iii) by striking subparagraph (C);

7. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 2301(b)(1)(B) · 128 Stat. 649

   1. Added · 16 U.S.C. § 3844(c)(2); 16 U.S.C. § 3844(c)(3)

      Pub. L. 113–79, § 2301(b)(1)(B), (C), added par. (2)

   2. Redesignated · 16 U.S.C. § 3844(c)(2); 16 U.S.C. § 3844(c)(3)

      Pub. L. 113–79, § 2301(b)(1)(B), (C), redesignated former par. (2) as (3)

   Source evidence

   Code amendment note
   Subsec. (c)(2), (3). Pub. L. 113–79, § 2301(b)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).

   Enacted provision · exact public law section
   (B) by redesignating paragraph (2) as paragraph (3); and

8. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 2606(2) · 128 Stat. 649

   Inserted · 16 U.S.C. § 3844(d)

   Pub. L. 113–79, § 2606(2), inserted “, VII, and VIII” before period at end

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–79, § 2606(2), inserted “, VII, and VIII” before period at end.

   Enacted provision · exact public law section
   (2) in subsection (d), by inserting “, H, and I” before the period at the end;

9. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 2301(b)(2)(A)(i) · 128 Stat. 649

   Substituted · 16 U.S.C. § 3844(f)(1)(A)

   Pub. L. 113–79, § 2301(b)(2)(A)(i), substituted “conservation reserve program established under subpart B of part I of subchapter IV and wetland reserve easements under section 3865c of this title” for “programs administered under subparts B and C of part I of subchapter IV”

   Source evidence

   Code amendment note
   Subsec. (f)(1)(A). Pub. L. 113–79, § 2301(b)(2)(A)(i), substituted “conservation reserve program established under subpart B of part I of subchapter IV and wetland reserve easements under section 3865c of this title” for “programs administered under subparts B and C of part I of subchapter IV”.

   Enacted provision · exact public law section
   (i) in subparagraph (A), by striking “programs administered under subchapters B and C of chapter 1 of subtitle D” and inserting “conservation reserve program established under subchapter B of chapter 1 of subtitle D and wetland reserve easements under section 1265C”; and

10. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2606(3)(A) · 128 Stat. 649

    Substituted · 16 U.S.C. § 3844(f)(1)(B)

    Pub. L. 113–79, § 2606(3)(A), substituted “county” for “country”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B). Pub. L. 113–79, § 2606(3)(A), substituted “county” for “country”.

    Enacted provision · exact public law section
    (A) in paragraph (1)(B), by striking “country” and inserting “county”; and

11. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2301(b)(2)(A)(ii) · 128 Stat. 649

    Substituted · 16 U.S.C. § 3844(f)(1)(B)

    Pub. L. 113–79, § 2301(b)(2)(A)(ii), substituted “a wetland reserve easement under section 3865c of this title” for “an easement acquired under subpart C of part I of subchapter IV”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–79, § 2301(b)(2)(A)(ii), substituted “a wetland reserve easement under section 3865c of this title” for “an easement acquired under subpart C of part I of subchapter IV”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “an easement acquired under subchapter C of chapter 1 of subtitle D” and inserting “a wetland reserve easement under section 1265C”;

12. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2606(3)(B) · 128 Stat. 649

    Substituted · 16 U.S.C. § 3844(f)(3)

    Pub. L. 113–79, § 2606(3)(B), substituted “subsection (d)(2)(A)(ii) or (g)(2)” for “subsection (c)(2)(B) or (f)(4)”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 113–79, § 2606(3)(B), substituted “subsection (d)(2)(A)(ii) or (g)(2)” for “subsection (c)(2)(B) or (f)(4)”.

    Enacted provision · exact public law section
    (B) in paragraph (3), by striking “subsection (c)(2)(B) or (f)(4)” and inserting “subsection (d)(2)(A)(ii) or (g)(2)”;

13. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2301(b)(2)(B) · 128 Stat. 649

    1. Added · 16 U.S.C. § 3844(f)(4)

       Pub. L. 113–79, § 2301(b)(2)(B), added par. (4)

    2. Struck · 16 U.S.C. § 3844(f)(4)

       Pub. L. 113–79, § 2301(b)(2)(B), struck out former par. (4). Prior to amendment, text read as follows: “The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart C of part I of subchapter IV that is used for the establishment of shelterbelts and windbreaks.”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 113–79, § 2301(b)(2)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart C of part I of subchapter IV that is used for the establishment of shelterbelts and windbreaks.”

    Enacted provision · exact public law section
    (B) by striking paragraph (4) and inserting the following: “(4) Exclusions.— “(A) Shelterbelts and windbreaks.— The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subchapter B of chapter 1 of subtitle D that is used for the establishment of shelterbelts and windbreaks. “(B) Wet and saturated soils.— For the purposes of enrolling land in a wetland reserve easement under section 1265C, the limitations established under paragraph (1) shall not apply to cropland designated by the Secretary with subclass w in the land capability classes IV through VIII because of severe use limitations due to soil saturation or inundation.” ; and

14. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2301(b)(2)(C) · 128 Stat. 649

    Added · 16 U.S.C. § 3844(f)(5)

    Pub. L. 113–79, § 2301(b)(2)(C), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 113–79, § 2301(b)(2)(C), added par. (5).

    Enacted provision · exact public law section
    (C) by adding at the end the following new paragraph: “(5) Calculation.— In calculating the percentages described in paragraph (1), the Secretary shall include any acreage that was included in calculations of percentages made under such paragraph, as in effect on the day before the date of enactment of the Agricultural Act of 2014, and that remains enrolled when the calculation is made after that date under paragraph (1).” .

15. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2606(4) · 128 Stat. 649

    Inserted · 16 U.S.C. § 3844(h)(2)

    Pub. L. 113–79, § 2606(4), inserted “, including, to the extent practicable, practices that maximize benefits for honey bees” before period at end

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 113–79, § 2606(4), inserted “, including, to the extent practicable, practices that maximize benefits for honey bees” before period at end.

    Enacted provision · exact public law section
    (4) in subsection (h)(2), by inserting “, including, to the extent practicable, practices that maximize benefits for honey bees” after “pollinators”; and

16. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 2606(5) · 128 Stat. 649

    Added · 16 U.S.C. § 3844(j)(l)

    Pub. L. 113–79, § 2606(5), added subsecs. (j) to (l)

    Source evidence

    Code amendment note
    Subsecs. (j) to (l). Pub. L. 113–79, § 2606(5), added subsecs. (j) to (l).

    Enacted provision · exact public law section
    (5) by adding at the end the following new subsections: “(j) Improved Administrative Efficiency and Effectiveness.— In administrating a conservation program under this title, the Secretary shall, to the maximum extent practicable— “(1) seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources; and “(2) take advantage of new technologies to enhance efficiency and effectiveness. “(k) Relation to Other Payments.— Any payment received by an owner or operator under this title, including an easement payment or rental payment, shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following: “(1) This Act. “(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.). “(3) The Agricultural Act of 2014. “(4) Any law that succeeds a law specified in paragraph (1), (2), or (3). “(l) Funding for Indian Tribes.— In carrying out the conservation stewardship program under subchapter B of chapter 2 of subtitle D and the environmental quality incentives program under chapter 4 of subtitle D, the Secretary may enter into alternative funding arrangements with Indian tribes if the Secretary determines that the goals and objectives of the programs will be met by such arrangements, and that statutory limitations regarding contracts with individual producers will not be exceeded by any tribal member.” .

17. 2018

    Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 div. A title VII § 766 · 132 Stat. 348

    Added · 16 U.S.C. § 3844(m)

    Pub. L. 115–141 added subsec. (m)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–141 added subsec. (m).

    Enacted provision · exact public law section
    Sec. 766. Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following: “(m) Exemption From Certain Reporting Requirements.— “(1) Definition of exempted producer.— In this subsection, the term ‘exempted producer’ means a producer or landowner eligible to participate in any conservation program administered by the Secretary. “(2) Exemption.— Notwithstanding the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (and any successor regulations), shall not apply with respect to assistance received by an exempted producer from the Secretary, acting through the Natural Resources Conservation Service.” .

18. 2018

    Agriculture Improvement Act of 2018

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

    Substituted · 16 U.S.C. § 3844(b)(4)(B)

    Pub. L. 115–334, § 2821(f), substituted “Government Accountability Office” for “General Accounting Office”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 115–334, § 2821(f), substituted “Government Accountability Office” for “General Accounting Office”.

    Enacted provision · exact public law section
    (f) Administrative Requirements for Conservation Programs.— Section 1244(b)(4)(B) of the Food Security Act of 1985 (16 U.S.C. 3844(b)(4)(B)) is amended by striking “General Accounting Office” and inserting “Government Accountability Office”.

19. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2301(d)(1)(K) · 132 Stat. 4490

    Inserted · 16 U.S.C. § 3844(c)(3)

    Pub. L. 115–334, § 2301(d)(1)(K), inserted “subpart A of” before “part IV”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 115–334, § 2301(d)(1)(K), inserted “subpart A of” before “part IV”.

    Enacted provision · exact public law section
    (K) Section 1244(c)(3) of the Food Security Act of 1985 (16 U.S.C. 3844(c)(3)) is amended by inserting “subchapter A of” before “chapter 4”.

20. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(a)(1) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3844(f)(1)(B)

    Pub. L. 115–334, § 2503(a)(1), substituted “15 percent” for “10 percent”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B). Pub. L. 115–334, § 2503(a)(1), substituted “15 percent” for “10 percent”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(B), by striking “10” and inserting “15”; and

21. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2202(b)(2) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3844(f)(3)

    Pub. L. 115–334, § 2202(b)(2), substituted “section 3831a” for “subsection (d)(2)(A)(ii) or (g)(2) of section 3834”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 115–334, § 2202(b)(2), substituted “section 3831a” for “subsection (d)(2)(A)(ii) or (g)(2) of section 3834”.

    Enacted provision · exact public law section
    (2) Section 1244(f)(3) of the Food Security Act of 1985 (16 U.S.C. 3844(f)(3)) is amended by striking “subsection (d)(2)(A)(ii) or (g)(2) of section 1234” and inserting “section 1231A”.

22. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(a)(2) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3844(f)(5)

    Pub. L. 115–334, § 2503(a)(2), substituted “December 20, 2018,” for “February 7, 2014,”

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 115–334, § 2503(a)(2), substituted “December 20, 2018,” for “February 7, 2014,”.

    Enacted provision · exact public law section
    (2) in paragraph (5), by striking “the Agricultural Act of 2014” and inserting “the Agriculture Improvement Act of 2018”.

23. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(b)(2) · 132 Stat. 4490

    1. Added · 16 U.S.C. § 3844(j); 16 U.S.C. § 3844(k)

       Pub. L. 115–334, § 2503(b)(2), (3), added subsec. (j)

    2. Redesignated · 16 U.S.C. § 3844(j); 16 U.S.C. § 3844(k)

       Pub. L. 115–334, § 2503(b)(2), (3), redesignated former subsec. (j) as (k). Former subsec. (k) redesignated (l)

    Source evidence

    Code amendment note
    Subsecs. (j), (k). Pub. L. 115–334, § 2503(b)(2), (3), added subsec. (j) and redesignated former subsec. (j) as (k). Former subsec. (k) redesignated (l).

    Enacted provision · exact public law section
    (2) by redesignating subsections (j) through (l) as subsections (k) through (m), respectively; and

24. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(b)(2) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3844(l)

    Pub. L. 115–334, § 2503(b)(2), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 115–334, § 2503(b)(2), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m).

    Enacted provision · exact public law section
    (2) by redesignating subsections (j) through (l) as subsections (k) through (m), respectively; and

25. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2301(d)(1)(L) · 132 Stat. 4490

    1. Substituted · 16 U.S.C. § 3844(l)

       Pub. L. 115–334, § 2301(d)(1)(L), substituted “subpart B of part IV of subchapter IV” for “subpart B of part II of subchapter IV”

    2. Substituted · 16 U.S.C. § 3844(l)

       Pub. L. 115–334, § 2301(d)(1)(L), substituted “subpart A of part IV of subchapter IV” for “part IV of subchapter IV”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–334, § 2301(d)(1)(L), substituted “subpart B of part IV of subchapter IV” for “subpart B of part II of subchapter IV” and “subpart A of part IV of subchapter IV” for “part IV of subchapter IV”.

    Enacted provision · exact public law section
    (L) Section 1244(l) of the Food Security Act of 1985 (16 U.S.C. 3844(l)) is amended— (i) by striking “chapter 2” and inserting “chapter 4”; and (ii) by inserting “subchapter A of” after “incentives program under”.

26. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(c) · 132 Stat. 4490

    1. Amended · 16 U.S.C. § 3844(m)

       Pub. L. 115–334, § 2503(c), designated existing provisions as introductory provisions and pars. (1) and (3)

    2. Added · 16 U.S.C. § 3844(m)

       Pub. L. 115–334, § 2503(c), added par. (2)

    3. Substituted · 16 U.S.C. § 3844(m)

       Pub. L. 115–334, § 2503(c), substituted “shall” for “may” in par. (1)

    4. Substituted · 16 U.S.C. § 3844(m)

       Pub. L. 115–334, § 2503(c), substituted “arrangements;” for “arrangements, and that” in par. (1)

    5. Inserted · 16 U.S.C. § 3844(m)

       Pub. L. 115–334, § 2503(c), inserted “, except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program” before period at end of par. (3)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 115–334, § 2503(c), designated existing provisions as introductory provisions and pars. (1) and (3) and added par. (2), substituted “shall” for “may” in introductory provisions and “arrangements;” for “arrangements, and that” in par. (1), and inserted “, except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program” before period at end of par. (3).

    Enacted provision · exact public law section
    (c) Funding for Indian Tribes.— Section 1244(m) of the Food Security Act of 1985 (as redesignated by subsection (b)(2)) is amended— (1) by striking “may” and inserting “shall”; (2) by striking “that the goals” and inserting the following: “that— “(1) the goals” ; (3) in paragraph (1) (as so designated), by striking “arrangements, and that statutory” and inserting the following: “arrangements; “(2) a sufficient number of eligible participants will be aggregated under the alternative funding arrangement to accomplish the underlying purposes and objectives of the applicable program; and “(3) statutory” ; and (4) in paragraph (3) (as so designated), by striking the period at the end and inserting “, except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program.”.

27. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(b)(2) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3844(m)

    Pub. L. 115–334, § 2503(b)(2), redesignated subsec. (l) as (m)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–334, § 2503(b)(2), redesignated subsec. (l) as (m).

    Enacted provision · exact public law section
    (2) by redesignating subsections (j) through (l) as subsections (k) through (m), respectively; and

28. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(b)(1) · 132 Stat. 4490

    Struck · 16 U.S.C. § 3844(m)

    Pub. L. 115–334, § 2503(b)(1), struck out subsec. (m) which related to exemption from certain reporting requirements

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–334, § 2503(b)(1), struck out subsec. (m) which related to exemption from certain reporting requirements.

    Enacted provision · exact public law section
    (1) by striking subsection (m);

29. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(d) · 132 Stat. 4490

    Added · 16 U.S.C. § 3844(n)

    Pub. L. 115–334, § 2503(d), added subsec. (n)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 115–334, § 2503(d), added subsec. (n).

    Enacted provision · exact public law section
    (d) Source Water Protection Through Targeting of Agricultural Practices.— Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (b)) is amended by adding at the end the following: “(n) Source Water Protection Through Targeting of Agricultural Practices.— “(1) In general.— In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity that protect source water for drinking water (including protecting against public health threats) while also benefitting agricultural producers. “(2) Collaboration with water systems and increased incentives.— “(A) In general.— In encouraging practices under paragraph (1), the Secretary shall— “(i) work collaboratively with community water systems and State technical committees established under section 1261(a) to identify, in each State, local priority areas for the protection of source waters for drinking water; and “(ii) subject to subparagraph (B), for practices described in paragraph (1), offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary. “(B) Limitation.— An increased payment under subparagraph (A)(ii) shall not exceed 90 percent of practice costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training. “(3) Reservation of funds.— “(A) In general.— In each of fiscal years 2019 through 2023, the Secretary shall use to carry out this subsection not less than 10 percent of any funds available for conservation programs administered by the Secretary under this title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D). “(B) Limitation.— Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this title.” .

30. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(e) · 132 Stat. 4490

    Added · 16 U.S.C. § 3844(o)

    Pub. L. 115–334, § 2503(e), added subsec. (o)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 115–334, § 2503(e), added subsec. (o).

    Enacted provision · exact public law section
    (e) Environmental Services Market.— Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (d)) is amended by adding at the end the following: “(o) Environmental Services Market.— The Secretary may not prohibit, through a contract, easement, or agreement under this title, a participant in a conservation program administered by the Secretary under this title from participating in, and receiving compensation from, an environmental services market if 1 of the purposes of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the conservation program administered by the Secretary.” .

31. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2503(f) · 132 Stat. 4490

    Added · 16 U.S.C. § 3844(p)

    Pub. L. 115–334, § 2503(f), added subsec. (p)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 115–334, § 2503(f), added subsec. (p).

    Enacted provision · exact public law section
    (f) Regulatory Certainty.— Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (e)) is amended by adding at the end the following: “(p) Regulatory Certainty.— “(1) In general.— In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an Indian tribe, or a unit of local government, the Secretary may provide technical and programmatic information— “(A) subject to paragraph (2), to the Federal agency, State, Indian tribe, or unit of local government to support specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement— “(i) that relates to soil, water, or wildlife; and “(ii) over which that Federal agency, State, Indian tribe, or unit of local government has authority; and “(B) relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable. “(2) Mechanisms.— The Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal agency, State, Indian tribe, or unit of local government, as applicable, under paragraph (1)(A) are anticipated to include, at a minimum— “(A) the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1); “(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented; “(C) a plan for a periodic audit, as appropriate, of the continued implementation or maintenance of each of the conservation practices or activities identified under subparagraph (A); and “(D) notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurance. “(3) Continuing current collaboration on soil, water, or wildlife conservation practices.— The Secretary shall— “(A) continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and “(B) continue collaboration with the Secretary of the Interior on consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or conference under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable, for wildlife conservation efforts, including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before the date of enactment of the Agriculture Improvement Act of 2018, in accordance with— “(i) the document entitled ‘Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service’, numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and “(ii) United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect on August 9, 2016. “(4) Savings clause.— Nothing in this subsection— “(A) preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government; “(B) modifies or otherwise affects, preempts, or displaces— “(i) any cause of action; or “(ii) a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or “(C) applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.” .

32. 2022

    Pub. L. 117–169 title II § 21001(c)(6) · 136 Stat. 1818

    Substituted · 16 U.S.C. § 3844(n)(3)(A)

    Pub. L. 117–169 substituted “2031” for “2023”

    Source evidence

    Code amendment note
    Subsec. (n)(3)(A). Pub. L. 117–169 substituted “2031” for “2023”.

    Enacted provision · exact public law section
    (6) Section 1244(n)(3)(A) of the Food Security Act of 1985 (16 U.S.C. 3844(n)(3)(A)) is amended by striking “2023” and inserting “2031”.

43 of 43 references resolved to an enrolled provision