§ 3862. Responsibilities

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 § 1262 · 99 Stat. 1354

   Enacted · 16 U.S.C. § 3862

   Pub. L. 99–198, title XII, § 1262, 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, § 1262, as added Pub. L. 101–624, title XIV, § 1446, Nov. 28, 1990, 104 Stat. 3604

2. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 title II § 246(f)(3) · 108 Stat. 3178

   Added · 16 U.S.C. § 3862(e)

   Pub. L. 103–354 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–354 added subsec. (e).

   Enacted provision · exact public law section
   (3) State technical committees.— Section 1262 of the Food Security Act of 1985 (16 U.S.C. 3862) is amended by adding at the end the following new subsection: “(e) FACA Requirements.— The committees established under section 1261 shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).”.

3. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 342(b)(1) · 110 Stat. 888

   Inserted · 16 U.S.C. § 3862(a)

   Pub. L. 104–127, § 342(b)(1), inserted at end “Each State technical committee shall provide public notice of, and permit public attendance at meetings considering, issues of concern related to carrying out this chapter.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–127, § 342(b)(1), inserted at end “Each State technical committee shall provide public notice of, and permit public attendance at meetings considering, issues of concern related to carrying out this chapter.”

   Enacted provision · exact public law section
   (1) in subsection (a), by adding at the end the following: “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.”;

4. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 342(b)(2) · 110 Stat. 888

   Inserted · 16 U.S.C. § 3862(b)(1)

   Pub. L. 104–127, § 342(b)(2), inserted at end “Each State technical committee shall establish criteria and guidelines for evaluating petitions by agricultural producers regarding new conservation practices and systems not already described in field office technical guides.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–127, § 342(b)(2), inserted at end “Each State technical committee shall establish criteria and guidelines for evaluating petitions by agricultural producers regarding new conservation practices and systems not already described in field office technical guides.”

   Enacted provision · exact public law section
   (2) in subsection (b)(1), by adding at the end the following: “Each State technical committee shall establish criteria and guidelines for evaluating petitions by agricultural producers regarding new conservation practices and systems not already described in field office technical guides.”; and

5. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 342(b)(3) · 110 Stat. 888

   1. Struck · 16 U.S.C. § 3862(c)(7)(9)

      Pub. L. 104–127, § 342(b)(3), struck out “and” at end of par. (7)

   2. Added · 16 U.S.C. § 3862(c)(7)(9)

      Pub. L. 104–127, § 342(b)(3), added par. (8)

   3. Redesignated · 16 U.S.C. § 3862(c)(7)(9)

      Pub. L. 104–127, § 342(b)(3), redesignated former par. (8) as (9)

   Source evidence

   Code amendment note
   Subsec. (c)(7) to (9). Pub. L. 104–127, § 342(b)(3), struck out “and” at end of par. (7), added par. (8), and redesignated former par. (8) as (9).

   Enacted provision · exact public law section
   (3) in subsection (c)— (A) in paragraph (7), by striking “and” at the end; (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following: “(8) establishing criteria and priorities for State initiatives under the environmental quality incentives program under chapter 4 of subtitle D; and”.

6. 2008

   Food, Conservation, and Energy Act of 2008

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

   Changed · 16 U.S.C. § 3862

   Pub. L. 110–246, § 2711, which directed the general amendment of section 1262 of the “Farm Security Act of 1985”, was executed by making the amendment to this section, which is section 1262 of the Food Security Act of 1985, to reflect the probable intent of Congress. Prior to amendment, section consisted of subsecs. (a) to (e) which related to general responsibilities of committees established under section 3861 of this title, wetland and wildlife habitat protection guidelines, provision of assistance and recommendations with respect to enumerated technical aspects, authority of committees, and FACA requirements

   Source evidence

   Code amendment note
   Pub. L. 110–246, § 2711, which directed the general amendment of section 1262 of the “Farm Security Act of 1985”, was executed by making the amendment to this section, which is section 1262 of the Food Security Act of 1985, to reflect the probable intent of Congress. Prior to amendment, section consisted of subsecs. (a) to (e) which related to general responsibilities of committees established under section 3861 of this title, wetland and wildlife habitat protection guidelines, provision of assistance and recommendations with respect to enumerated technical aspects, authority of committees, and FACA requirements.

   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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

7. 2022

   Pub. L. 117–286 § 4(a)(119)(A) · 136 Stat. 4196

   Substituted · 16 U.S.C. § 3862(d)

   Pub. L. 117–286, § 4(a)(119)(A), substituted “Requirements of chapter 10 of title 5” for “FACA requirements” in heading

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 117–286, § 4(a)(119)(A), substituted “Requirements of chapter 10 of title 5” for “FACA requirements” in heading.

   Enacted provision · exact public law section
   (A) in the subsection heading, by striking “FACA Requirements” and inserting “Requirements of Chapter 10 of Title 5, United States Code”;

8. 2022

   Pub. L. 117–286 § 4(a)(119)(B) · 136 Stat. 4196

   Substituted · 16 U.S.C. § 3862(d)(1)

   Pub. L. 117–286, § 4(a)(119)(B), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 117–286, § 4(a)(119)(B), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”

   Enacted provision · exact public law section
   (B) in paragraph (1), by striking “the Federal Advisory Committee Act (5 U.S.C. App.).” and inserting “chapter 10 of title 5, United States Code.”; and

9. 2022

   Pub. L. 117–286 § 4(a)(119)(C) · 136 Stat. 4196

   Substituted · 16 U.S.C. § 3862(d)(2)

   Pub. L. 117–286, § 4(a)(119)(C), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App.),”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 117–286, § 4(a)(119)(C), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App.),”.

   Enacted provision · exact public law section
   (C) in paragraph (2), by striking “the Federal Advisory Committee Act (5 U.S.C. App.),” and inserting “chapter 10 of title 5, United States Code,”.

10 of 11 references resolved to an enrolled provision · 1 partial