§ 3861. Establishment of State technical committees

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. 1990

   Food Security Act of 1985

   Pub. L. 99–198 title XII § 1261 · 99 Stat. 1354

   Enacted · 16 U.S.C. § 3861

   Pub. L. 99–198, title XII, § 1261, as added Pub. L. 101–624, title XIV, § 1446, Nov. 28, 1990, 104 Stat. 3604

   Source evidence

   Code source credit
   Pub. L. 99–198, title XII, § 1261, as added Pub. L. 101–624, title XIV, § 1446, Nov. 28, 1990, 104 Stat. 3604

2. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title III § 342(a) · 110 Stat. 888

   Added · 16 U.S.C. § 3861(c)(9)(12)

   Pub. L. 104–127 added pars. (9) to (12)

   Source evidence

   Code amendment note
   Subsec. (c)(9) to (12). Pub. L. 104–127 added pars. (9) to (12).

   Enacted provision · exact public law section
   (a) Composition.— Section 1261(c) of the Food Security Act of 1985 (16 U.S.C. 3861(c))— (1) in paragraph (7), by striking “and” at the end; (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(9) agricultural producers with demonstrable conservation expertise; “(10) nonprofit organizations with demonstrable conservation expertise; “(11) persons knowledgeable about conservation techniques; and “(12) agribusiness.”.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 2711 · 122 Stat. 1651

   Changed · 16 U.S.C. § 3861

   Pub. L. 110–246, § 2711, which directed the general amendment of section 1261 of the “Farm Security Act of 1985”, was executed by making the amendment to this section, which is section 1261 of the Food Security Act of 1985, to reflect the probable intent of Congress. Prior to amendment, section related to the establishment in each State of a technical committee to assist the Secretary in the technical considerations relating to implementation of conservation provisions under this chapter, composition of each such committee, and development of standards to be used in the development of guidelines under former section 3862(b) of this title

   Source evidence

   Code amendment note
   Pub. L. 110–246, § 2711, which directed the general amendment of section 1261 of the “Farm Security Act of 1985”, was executed by making the amendment to this section, which is section 1261 of the Food Security Act of 1985, to reflect the probable intent of Congress. Prior to amendment, section related to the establishment in each State of a technical committee to assist the Secretary in the technical considerations relating to implementation of conservation provisions under this chapter, composition of each such committee, and development of standards to be used in the development of guidelines under former section 3862(b) of this title.

   Enacted provision · exact public law section
   SEC. 2711. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES AND THEIR RESPONSIBILITIES.   Subtitle G of title XII of the Farm Security Act of 1985 (16 U.S.C. 3861, 3862) is amended to read as follows: “Subtitle G— State Technical Committees “SEC. 1261. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES. “(a) Establishment.— The Secretary shall establish a technical committee in each State to assist the Secretary in the considerations relating to implementation and technical aspects of the conservation programs under this title. “(b) Standards.— Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop— “(1) standard operating procedures to standardize the operations of State technical committees; and “(2) standards to be used by State technical committees in the development of technical guidelines under section 1262(b) for the implementation of the conservation provisions of this title. “(c) Composition.— Each State technical committee shall be composed of agricultural producers and other professionals that represent a variety of disciplines in the soil, water, wetland, and wildlife sciences. The technical committee for a State shall include representatives from among the following: “(1) The Natural Resources Conservation Service. “(2) The Farm Service Agency. “(3) The Forest Service. “(4) The National Institute of Food and Agriculture. “(5) The State fish and wildlife agency. “(6) The State forester or equivalent State official. “(7) The State water resources agency. “(8) The State department of agriculture. “(9) The State association of soil and water conservation districts. “(10) Agricultural producers representing the variety of crops and livestock or poultry raised within the State. “(11) Owners of nonindustrial private forest land. “(12) Nonprofit organizations within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 with demonstrable conservation expertise and experience working with agriculture producers in the State. “(13) Agribusiness. “SEC. 1262. RESPONSIBILITIES. “(a) In General.— Each State technical committee established under section 1261 shall meet regularly to provide information, analysis, and recommendations to appropriate officials of the Department of Agriculture who are charged with implementing the conservation provisions of this title. “(b) Public Notice and Attendance.— Each State technical committee shall provide public notice of, and permit public attendance at, meetings considering issues of concern related to carrying out this title. “(c) Role.— “(1) In general.— The role of State technical committees is advisory in nature, and such committees shall have no implementation or enforcement authority. However, the Secretary shall give strong consideration to the recommendations of such committees in administering the programs under this title. “(2) Advisory role in establishing program priorities and criteria.— Each State technical committee shall advise the Secretary in establishing priorities and criteria for the programs in this title, including the review of whether local working groups are addressing those priorities. “(d) FACA Requirements.— “(1) Exemption.— Each State technical committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). “(2) Local working groups.— For purposes of the Federal Advisory Committee Act (5 U.S.C. App.), any local working group established under this subtitle shall be considered to be a subcommittee of the applicable State technical committee.” .

   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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 7511(c)(38) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of Title 7, Agriculture.

4. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 7511(c)(38) · 122 Stat. 1651

   Substituted · 16 U.S.C. § 3861(c)(4)

   Pub. L. 110–246, § 7511(c)(38), which directed amendment of par. (4) by substituting “National Institute of Food and Agriculture” for “Extension Service”, could not be executed because “Extension Service” did not appear subsequent to amendment by Pub. L. 110–246, § 2711. See above

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 110–246, § 7511(c)(38), which directed amendment of par. (4) by substituting “National Institute of Food and Agriculture” for “Extension Service”, could not be executed because “Extension Service” did not appear subsequent to amendment by Pub. L. 110–246, § 2711. See above.

   Enacted provision · exact public law section
   (38) Section 1261(c)(4) of the Food Security Act of 1985 (16 U.S.C. 3861(c)(4)) is amended by striking “Extension Service” and inserting “National Institute of Food and Agriculture”.

   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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 7511(c)(38) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of Title 7, Agriculture.

5. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title II § 2607 · 128 Stat. 649

   Substituted · 16 U.S.C. § 3861(b)

   Pub. L. 113–79, in introductory provisions, substituted “The Secretary shall review and update as necessary” for “Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–79, in introductory provisions, substituted “The Secretary shall review and update as necessary” for “Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop”.

   Enacted provision · exact public law section
   SEC. 2607. STANDARDS FOR STATE TECHNICAL COMMITTEES.   Section 1261(b) of the Food Security Act of 1985 (16 U.S.C. 3861(b)) is amended by striking “Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop” and inserting “The Secretary shall review and update as necessary”.

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2822(a) · 132 Stat. 4490

   Struck · 16 U.S.C. § 3861(b)(2)

   Pub. L. 115–334, § 2822(a), struck out “under section 3862(b) of this title” after “technical guidelines”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–334, § 2822(a), struck out “under section 3862(b) of this title” after “technical guidelines”.

   Enacted provision · exact public law section
   (a) Standards.— Section 1261(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3861(b)(2)) is amended by striking “under section 1262(b)”.

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2822(b) · 132 Stat. 4490

   Added · 16 U.S.C. § 3861(c)(14)

   Pub. L. 115–334, § 2822(b), added par. (14)

   Source evidence

   Code amendment note
   Subsec. (c)(14). Pub. L. 115–334, § 2822(b), added par. (14).

   Enacted provision · exact public law section
   (b) Composition.— Section 1261(c) of the Food Security Act of 1985 (16 U.S.C. 3861(c)) is amended by adding at the end the following: “(14) The State Cooperative Extension Service and land grant university in the State.” .

6 of 7 references resolved to an enrolled provision · 1 partial