Title 16 — Conservation

Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program

§ 3851. Experienced services program

Statutory text

Establishment and purpose

The Secretary shall establish an experienced services program (referred to in this section as the “program”) for the purpose of utilizing the talents of individuals who are age 55 or older, but who are not employees of the Department of Agriculture or a State agriculture department, to provide—

technical services in support of the conservation-related programs and authorities carried out by the Secretary, including conservation planning assistance, technical consultation, and assistance with design and implementation of conservation practices; and

technical, professional, and administrative services to support the research, education, and economics mission area of the Department of Agriculture (including the Agricultural Research Service, the Economic Research Service, the National Agricultural Library, the National Agricultural Statistics Service, the Office of the Chief Scientist, and the National Institute of Food and Agriculture), including—

supporting agricultural research and information;

advancing scientific knowledge relating to agriculture;

enhancing access to agricultural information;

providing statistical information and research results to farmers, ranchers, agribusiness, and public officials; and

assisting research, education, and extension programs in land-grant colleges and universities (as defined in section 3103 of this title).

Program agreements

Relation to older American community service employment program

Notwithstanding any other provision of law relating to Federal grants, cooperative agreements, or contracts, to carry out the program during a fiscal year, the Secretary may enter into agreements with nonprofit private agencies and organizations eligible to receive grants for that fiscal year under the Community Service Senior Opportunities Act (42 U.S.C. 3056 et seq.) to secure participants for the program who will provide technical, professional, or administrative services, as applicable, under the program.

Required determination

Before entering into an agreement under paragraph (1), the Secretary shall ensure that the agreement would not—

result in the displacement of individuals employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;

result in the use of an individual under the program for a job or function in a case in which a Federal employee is in a layoff status from the same or a substantially-equivalent job or function with the Department; or

affect existing contracts for services.

Funding source

Conservation technical services

Except as provided in paragraph (2), with respect to subsection (a)(1), the Secretary may carry out the program using funds made available to carry out each program under this chapter.

Exclusion

Funds made available to carry out the conservation reserve program may not be used to carry out the program.

Research, education, and economics services

With respect to services referred to in subsection (a)(2), the Secretary may carry out the program under the mission area referred to in such subsection to the extent that funds are specifically appropriated to provide such services under such mission area.

Liability

An individual providing technical, professional, or administrative services, as applicable, under the program is deemed to be an employee of the United States Government for purposes of chapter 171 of title 28 if the individual—

is providing technical, professional, or administrative services, as applicable, pursuant to an agreement entered into under subsection (b); and

is acting within the scope of the agreement.

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.

2008
Food Security Act of 1985
Pub. L. 99–198 title XII § 1252 · 99 Stat. 1354
Enacted · 16 U.S.C. § 3851
Pub. L. 99–198, title XII, § 1252, as added Pub. L. 110–234, title II, § 2710, May 22, 2008, 122 Stat. 1082, and Pub. L. 110–246, § 4(a), title II, § 2710, June 18, 2008, 122 Stat. 1664, 1810
Source evidence
Code source credit
Pub. L. 99–198, title XII, § 1252, as added Pub. L. 110–234, title II, § 2710, May 22, 2008, 122 Stat. 1082, and Pub. L. 110–246, § 4(a), title II, § 2710, June 18, 2008, 122 Stat. 1664, 1810
Enacted provision · exact public law section
Sec. 1252. soil and water resources conservation (a) Subsection (d) of section 5 of the Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2004(b)) is amended to read as follows: “(d) The Secretary shall conduct four comprehensive appraisals under this section, to be completed by December 31, 1979, December 31, 1986, December 31, 1995, and December 31, 2005, respectively. The Secretary may make such additional interim appraisals as the Secretary considers appropriate.”. (b) Subsection (b) of section 6 of such Act (16 U.S.C. 2205(b)) is amended to read as follows: “(b) The initial program shall be completed not later than December 31, 1979, and program updates shall be completed by December 31, 1987, December 31, 1997, and December 31, 2007, respectively.”. (d) Section 7 of such Act (16 U.S.C. 2006) is amended by— (1) striking out subsection (a) and inserting in lieu thereof the following new subsection: “(a) (1) At the time Congress convenes in 1980, 1987, 1996, and 2006, the President shall transmit to the Speaker of the House of Representatives and the President of the Senate the appraisal developed under section 5 and completed prior to the end of the previous year. “(2) At the time Congress convenes in 1980, 1988, 1998, and 2008, the President shall transmit to the Speaker of the House of representatives and the President of the Senate the initial program or updated program developed under section 6 and completed prior to the end of the previous year, together with a detailed statement of policy regarding soil and water conservation activities of the United States Department of Agriculture.”; (2) striking out subsection (b); and (3) redesignating subsection (c) as subsection (b). (d) Section 10 of such Act (16 U.S.C. 2009) is amended by striking out “1985” and inserting in lieu thereof “2008”.
2014
Agricultural Act of 2014
Pub. L. 113–79 title II § 2504 · 128 Stat. 649
Amended · 16 U.S.C. § 3851(c)(2)
Pub. L. 113–79 amended par. (2) generally. Prior to amendment, text read as follows: “Funds made available to carry out the following programs may not be used to carry out the ACES program:
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 113–79 amended par. (2) generally. Prior to amendment, text read as follows: “Funds made available to carry out the following programs may not be used to carry out the ACES program:
“(A) The conservation reserve program. “(B) The wetlands reserve program. “(C) The grassland reserve program. “(D) The conservation stewardship program.”
Enacted provision · exact public law section
SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED SERVICES PROGRAM. Subsection (c)(2) of section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) is amended to read as follows: “(2) Exclusion.— Funds made available to carry out the conservation reserve program may not be used to carry out the ACES program.” .
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(1) · 132 Stat. 4490
Struck · 16 U.S.C. § 3851
Pub. L. 115–334, § 7611(1), struck out “Agriculture conservation” before “experienced” in section catchline
Source evidence
Code amendment note
Pub. L. 115–334, § 7611(1), struck out “Agriculture conservation” before “experienced” in section catchline.
Enacted provision · exact public law section
(1) in the section heading, by striking “agriculture conservation”;
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(2) · 132 Stat. 4490
1. Substituted · 16 U.S.C. § 3851(a)
  Pub. L. 115–334, § 7611(2), substituted “an experienced services program (referred to in this section as the ‘program’)” for “a conservation experienced services program (in this section referred to as the ‘ACES Program’)”
2. Substituted · 16 U.S.C. § 3851(a)
  Pub. L. 115–334, § 7611(2), substituted “provide—” for “provide”
3. Inserted · 16 U.S.C. § 3851(a)
  Pub. L. 115–334, § 7611(2), inserted par. (1) designation before “technical services in support”
4. Substituted · 16 U.S.C. § 3851(a)
  Pub. L. 115–334, § 7611(2), substituted “Secretary, including” for “Secretary. Such technical services may include”
5. Added · 16 U.S.C. § 3851(a)
  Pub. L. 115–334, § 7611(2), added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–334, § 7611(2), substituted “an experienced services program (referred to in this section as the ‘program’)” for “a conservation experienced services program (in this section referred to as the ‘ACES Program’)” and “provide—” for “provide”, inserted par. (1) designation before “technical services in support”, substituted “Secretary, including” for “Secretary. Such technical services may include”, and added par. (2).
Enacted provision · exact public law section
(2) in subsection (a)— (A) in the first sentence— (i) by striking “a conservation” and inserting “an”; (ii) by striking “(in this section referred to as the ‘ACES Program’)” and inserting “(referred to in this section as the ‘program’)”; and (iii) by striking “provide technical” and inserting the following: “provide— “(1) technical” ; and (B) in paragraph (1) (as so designated)— (i) by striking “Secretary. Such technical services may include” and inserting “Secretary, including”; (ii) by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following: “(2) technical, professional, and administrative services to support the research, education, and economics mission area of the Department of Agriculture (including the Agricultural Research Service, the Economic Research Service, the National Agricultural Library, the National Agricultural Statistics Service, the Office of the Chief Scientist, and the National Institute of Food and Agriculture), including— “(A) supporting agricultural research and information; “(B) advancing scientific knowledge relating to agriculture; “(C) enhancing access to agricultural information; “(D) providing statistical information and research results to farmers, ranchers, agribusiness, and public officials; and “(E) assisting research, education, and extension programs in 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)).” ;
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(3) · 132 Stat. 4490
Struck · 16 U.S.C. § 3851(b)
Pub. L. 115–334, § 7611(3), striking “ACES” before “program” wherever appearing
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–334, § 7611(3), striking “ACES” before “program” wherever appearing.
Enacted provision · exact public law section
(3) by striking “ACES” each place it appears;
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(4) · 132 Stat. 4490
Substituted · 16 U.S.C. § 3851(b)(1)
Pub. L. 115–334, § 7611(4), substituted “technical, professional, or administrative services, as applicable,” for “technical services”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 115–334, § 7611(4), substituted “technical, professional, or administrative services, as applicable,” for “technical services”.
Enacted provision · exact public law section
(4) by striking “technical services” each place it appears (other than in subsection (a)) and inserting “technical, professional, or administrative services, as applicable,”; and
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(3) · 132 Stat. 4490
Substituted · 16 U.S.C. § 3851(c)
Pub. L. 115–334, § 7611(3), substituted “the program” for “the ACES program” in two places
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–334, § 7611(3), substituted “the program” for “the ACES program” in two places.
Enacted provision · exact public law section
(3) by striking “ACES” each place it appears;
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(5)(A) · 132 Stat. 4490
1. Substituted · 16 U.S.C. § 3851(c)(1)
  Pub. L. 115–334, § 7611(5)(A), substituted “Conservation technical services” for “In general” in heading
2. Inserted · 16 U.S.C. § 3851(c)(1)
  Pub. L. 115–334, § 7611(5)(A), inserted “with respect to subsection (a)(1),” before “the Secretary” in text
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 115–334, § 7611(5)(A), substituted “Conservation technical services” for “In general” in heading, and inserted “with respect to subsection (a)(1),” before “the Secretary” in text.
Enacted provision · exact public law section
(A) in paragraph (1)— (i) by striking the paragraph heading and inserting “Conservation technical services.—”; and (ii) by inserting “with respect to subsection (a)(1),” before “the Secretary”; and
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(5)(B) · 132 Stat. 4490
Added · 16 U.S.C. § 3851(c)(3)
Pub. L. 115–334, § 7611(5)(B), added par. (3)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 115–334, § 7611(5)(B), added par. (3).
Enacted provision · exact public law section
(B) by adding at the end the following new paragraph: “(3) Research, education, and economics services.— With respect to services referred to in subsection (a)(2), the Secretary may carry out the program under the mission area referred to in such subsection to the extent that funds are specifically appropriated to provide such services under such mission area.” .
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(4) · 132 Stat. 4490
Substituted · 16 U.S.C. § 3851(d)
Pub. L. 115–334, § 7611(4), substituted “technical, professional, or administrative services, as applicable,” for “technical services” in introductory provisions and par. (1)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–334, § 7611(4), substituted “technical, professional, or administrative services, as applicable,” for “technical services” in introductory provisions and par. (1).
Enacted provision · exact public law section
(4) by striking “technical services” each place it appears (other than in subsection (a)) and inserting “technical, professional, or administrative services, as applicable,”; and
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 7611(3) · 132 Stat. 4490
Struck · 16 U.S.C. § 3851(d)
Pub. L. 115–334, § 7611(3), struck out “ACES” before “program” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–334, § 7611(3), struck out “ACES” before “program” in introductory provisions.
Enacted provision · exact public law section
(3) by striking “ACES” each place it appears;

16 of 16 references resolved to an enrolled provision

Editorial Notes

References in Text

The Community Service Senior Opportunities Act, referred to in subsec. (b)(1), is title V of Pub. L. 89–73, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2563, which is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables.

This chapter, referred to in subsec. (c)(1), was in the original “this title”, meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.

Codification

Pub. L. 110–234, § 2710, and Pub. L. 110–246, § 2710, which directed the amendment of subtitle F of title XII of the Food Security Act of 1985 by inserting this section after section 1251, was executed by inserting this section between subtitles E and G of title XII of that Act to reflect the probable intent of Congress, because subtitle F and section 1251 (16 U.S.C. 2005a) of title XII of the Food Security Act of 1985 were repealed by Pub. L. 104–127, title III, § 336(e), Apr. 4, 1996, 110 Stat. 1007.

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 1252 of Pub. L. 99–198, title XII, Dec. 23, 1985, 99 Stat. 1516, amended sections 2004, 2005, 2006, and 2009 of this title, prior to repeal by Pub. L. 104–127, title III, § 336(e), Apr. 4, 1996, 110 Stat. 1007.

Amendments2014–2018 · 2 rounds

2018

Pub. L. 115–334, § 7611(1), struck out “Agriculture conservation” before “experienced” in section catchline.

Subsec. (a). Pub. L. 115–334, § 7611(2), substituted “an experienced services program (referred to in this section as the ‘program’)” for “a conservation experienced services program (in this section referred to as the ‘ACES Program’)” and “provide—” for “provide”, inserted par. (1) designation before “technical services in support”, substituted “Secretary, including” for “Secretary. Such technical services may include”, and added par. (2).

Subsec. (b). Pub. L. 115–334, § 7611(3), striking “ACES” before “program” wherever appearing.

Subsec. (b)(1). Pub. L. 115–334, § 7611(4), substituted “technical, professional, or administrative services, as applicable,” for “technical services”.

Subsec. (c). Pub. L. 115–334, § 7611(3), substituted “the program” for “the ACES program” in two places.

Subsec. (c)(1). Pub. L. 115–334, § 7611(5)(A), substituted “Conservation technical services” for “In general” in heading, and inserted “with respect to subsection (a)(1),” before “the Secretary” in text.

Subsec. (c)(3). Pub. L. 115–334, § 7611(5)(B), added par. (3).

Subsec. (d). Pub. L. 115–334, § 7611(4), substituted “technical, professional, or administrative services, as applicable,” for “technical services” in introductory provisions and par. (1).

Pub. L. 115–334, § 7611(3), struck out “ACES” before “program” in introductory provisions.

2014

Subsec. (c)(2). Pub. L. 113–79 amended par. (2) generally. Prior to amendment, text read as follows: “Funds made available to carry out the following programs may not be used to carry out the ACES program:

“(A) The conservation reserve program.

“(B) The wetlands reserve program.

“(C) The grassland reserve program.

“(D) The conservation stewardship program.”

Statutory Notes and Related Subsidiaries

Effective Date

Enactment 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 a note under section 8701 of Title 7, Agriculture.

Credits

2008–2018 · 3 acts

2008Pub. L. 99–198, title XII, § 1252, as added Pub. L. 110–234, title II, § 2710, May 22, 2008, 122 Stat. 1082, and Pub. L. 110–246, § 4(a), title II, § 2710, June 18, 2008, 122 Stat. 1664, 1810
2014amended Pub. L. 113–79, title II, § 2504, Feb. 7, 2014, 128 Stat. 752
2018Pub. L. 115–334, title VII, § 7611, Dec. 20, 2018, 132 Stat. 4830.

Show as published

(Pub. L. 99–198, title XII, § 1252, as added Pub. L. 110–234, title II, § 2710, May 22, 2008, 122 Stat. 1082, and Pub. L. 110–246, § 4(a), title II, § 2710, June 18, 2008, 122 Stat. 1664, 1810; amended Pub. L. 113–79, title II, § 2504, Feb. 7, 2014, 128 Stat. 752; Pub. L. 115–334, title VII, § 7611, Dec. 20, 2018, 132 Stat. 4830.)