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Title 16 — Conservation

Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program

§ 3871d. Funding

Statutory text

(a)

Availability of funding

Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out the program, to the maximum extent practicable—

(1)

$425,000,000 for fiscal year 2026;

(2)

$450,000,000 for fiscal year 2027;

(3)

$450,000,000 for fiscal year 2028;

(4)

$450,000,000 for fiscal year 2029;

(5)

$450,000,000 for fiscal year 2030; and

(6)

$450,000,000 for fiscal year 2031.

(b)

Duration of availability

Funds made available under subsection (a) shall remain available until expended.

(c)

Allocation of funding

Of the funds made available for the program under subsection (a), the Secretary shall allocate—

(1)

50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees established under subchapter VI; and

(2)

50 percent of the funds to projects for critical conservation areas designated under section 3871f of this title.

(d)

Limitation on administrative expenses

(1)

In general

Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, may be used to pay for the administrative expenses of eligible partners.

(2)

Project development and outreach

Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, the Secretary may advance reasonable amounts of funding for not longer than 90 days for technical assistance to eligible partners to conduct project development and outreach activities in a project area, including—

(A)

providing outreach and education to producers for potential participation in the project;

(B)

establishing baseline metrics to support the development of the assessment required under section 3871b(c)(1)(E) of this title; or

(C)

providing technical assistance to producers.

(e)

Technical assistance

(1)

In general

At the time of project selection, the Secretary shall identify and make publicly available the amount that the Secretary shall use to provide technical assistance under the terms of the partnership agreement.

(2)

Limitation

The Secretary shall limit costs of the Secretary for technical assistance to costs specific and necessary to carry out the objectives of the program.

(3)

Third-party providers

The Secretary shall develop and implement strategies to encourage third-party technical service providers to provide technical assistance to eligible partners pursuant to a partnership 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.

  1. Food Security Act of 1985

    Pub. L. 99–198 title XII § 1271D · 99 Stat. 1354

    Enacted · 16 U.S.C. § 3871d

    Pub. L. 99–198, title XII, § 1271D, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 749

    Source evidence

    Code source credit
    Pub. L. 99–198, title XII, § 1271D, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 749

  2. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2705(1) · 132 Stat. 4490

    1. Substituted · 16 U.S.C. § 3871d(a)

      Pub. L. 115–334, § 2705(1), substituted “$300,000,000” for “$100,000,000”

    2. Substituted · 16 U.S.C. § 3871d(a)

      Pub. L. 115–334, § 2705(1), substituted “2019 through 2023” for “2014 through 2018”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–334, § 2705(1), substituted “$300,000,000” for “$100,000,000” and “2019 through 2023” for “2014 through 2018”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “$100,000,000” and inserting “$300,000,000”; and (B) by striking “2014 through 2018” and inserting “2019 through 2023”;

  3. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2705(2) · 132 Stat. 4490

    1. Redesignated · 16 U.S.C. § 3871d(c)

      Pub. L. 115–334, § 2705(2)–(4)(A), redesignated subsec. (d) as (c)

    2. Struck · 16 U.S.C. § 3871d(c)

      Pub. L. 115–334, § 2705(2)–(4)(A), struck out “and acres” after “funds” and “and reserved for the program under subsection (c)” after “under subsection (a)” in introductory provisions

    3. Struck · 16 U.S.C. § 3871d(c)

      Pub. L. 115–334, § 2705(2)–(4)(A), struck out former subsec. (c) which related to reservation of additional funding and acres for each of fiscal years 2014 through 2018

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–334, § 2705(2)–(4)(A), redesignated subsec. (d) as (c), struck out “and acres” after “funds” and “and reserved for the program under subsection (c)” after “under subsection (a)” in introductory provisions, and struck out former subsec. (c) which related to reservation of additional funding and acres for each of fiscal years 2014 through 2018.

    Enacted provision · exact public law section
    (2) by striking subsection (c);

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2705(4)(B) · 132 Stat. 4490

    1. Substituted · 16 U.S.C. § 3871d(c)(1)

      Pub. L. 115–334, § 2705(4)(B), substituted “50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees” for “25 percent of the funds and acres to projects based on a State competitive process administered by the State Conservationist, with the advice of the State technical committee”

    2. Inserted · 16 U.S.C. § 3871d(c)(1)

      Pub. L. 115–334, § 2705(4)(B), inserted “and” at end

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–334, § 2705(4)(B), substituted “50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees” for “25 percent of the funds and acres to projects based on a State competitive process administered by the State Conservationist, with the advice of the State technical committee” and inserted “and” at end.

    Enacted provision · exact public law section
    (B) in paragraph (1)— (i) by striking “25 percent of the funds and acres to projects based on a State competitive process administered by the State Conservationist, with the advice of the State technical committee” and inserting “50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees”; and (ii) by adding “and” after the semicolon;

  5. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2705(4)(C) · 132 Stat. 4490

    1. Redesignated · 16 U.S.C. § 3871d(c)(2); 16 U.S.C. § 3871d(c)(3)

      Pub. L. 115–334, § 2705(4)(C)–(E), redesignated par. (3) as (2)

    2. Substituted · 16 U.S.C. § 3871d(c)(2); 16 U.S.C. § 3871d(c)(3)

      Pub. L. 115–334, § 2705(4)(C)–(E), substituted “50 percent of the funds” for “35 percent of the funds and acres”

    3. Struck · 16 U.S.C. § 3871d(c)(2); 16 U.S.C. § 3871d(c)(3)

      Pub. L. 115–334, § 2705(4)(C)–(E), struck out former par. (2) which read as follows: “40 percent of the funds and acres to projects based on a national competitive process to be established by the Secretary; and”

    Source evidence

    Code amendment note
    Subsec. (c)(2), (3). Pub. L. 115–334, § 2705(4)(C)–(E), redesignated par. (3) as (2), substituted “50 percent of the funds” for “35 percent of the funds and acres”, and struck out former par. (2) which read as follows: “40 percent of the funds and acres to projects based on a national competitive process to be established by the Secretary; and”.

    Enacted provision · exact public law section
    (C) by striking paragraph (2);

  6. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2705(5) · 132 Stat. 4490

    1. Amended · 16 U.S.C. § 3871d(d)

      Pub. L. 115–334, § 2705(5), designated existing provisions as par. (1)

    2. Inserted · 16 U.S.C. § 3871d(d)

      Pub. L. 115–334, § 2705(5), inserted heading

    3. Substituted · 16 U.S.C. § 3871d(d)

      Pub. L. 115–334, § 2705(5), substituted “Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title,” for “None of the funds made available or reserved for the program”

    4. Added · 16 U.S.C. § 3871d(d)

      Pub. L. 115–334, § 2705(5), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–334, § 2705(5), designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title,” for “None of the funds made available or reserved for the program”, and added par. (2).

    Enacted provision · exact public law section
    (5) in subsection (d) (as so redesignated)— (A) by striking “None of the funds made available or reserved for the program” and inserting the following: “(1) In general.— Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under section 1271C(d),” ; and (B) by adding at the end the following: “(2) Project development and outreach.— Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 1271C(d), the Secretary may advance reasonable amounts of funding for not longer than 90 days for technical assistance to eligible partners to conduct project development and outreach activities in a project area, including— “(A) providing outreach and education to producers for potential participation in the project; “(B) establishing baseline metrics to support the development of the assessment required under section 1271B(c)(1)(E); or “(C) providing technical assistance to producers.” ; and

  7. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2705(3) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3871d(d)

    Pub. L. 115–334, § 2705(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–334, § 2705(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

    Enacted provision · exact public law section
    (3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively;

  8. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2705(6) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3871d(e)

    Pub. L. 115–334, § 2705(6), added subsec. (e). Former subsec. (e) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–334, § 2705(6), added subsec. (e). Former subsec. (e) redesignated (d).

    Enacted provision · exact public law section
    (6) by adding at the end the following: “(e) Technical Assistance.— “(1) In general.— At the time of project selection, the Secretary shall identify and make publicly available the amount that the Secretary shall use to provide technical assistance under the terms of the partnership agreement. “(2) Limitation.— The Secretary shall limit costs of the Secretary for technical assistance to costs specific and necessary to carry out the objectives of the program. “(3) Third-party providers.— The Secretary shall develop and implement strategies to encourage third-party technical service providers to provide technical assistance to eligible partners pursuant to a partnership agreement.” .

  9. Pub. L. 117–169 title II § 21001(c)(7) · 136 Stat. 1818

    Substituted · 16 U.S.C. § 3871d(a)

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

    Source evidence

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

    Enacted provision · exact public law section
    (7) Section 1271D(a) of the Food Security Act of 1985 (16 U.S.C. 3871d(a)) is amended by striking “2023” and inserting “2031”.

  10. Pub. L. 119–21 title I § 10601(b) · 139 Stat. 107

    1. Added · 16 U.S.C. § 3871d(a)

      Pub. L. 119–21 added subsec. (a)

    2. Struck · 16 U.S.C. § 3871d(a)

      Pub. L. 119–21 struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary shall use $300,000,000 of the funds of the Commodity Credit Corporation for each of fiscal years 2019 through 2031 to carry out the program.”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 119–21 added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary shall use $300,000,000 of the funds of the Commodity Credit Corporation for each of fiscal years 2019 through 2031 to carry out the program.”

17 of 20 references resolved to an enrolled provision · 1 partial · 2 unresolved

Editorial Notes

Amendments2018–2025 · 3 rounds

2025

Subsec. (a). Pub. L. 119–21 added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary shall use $300,000,000 of the funds of the Commodity Credit Corporation for each of fiscal years 2019 through 2031 to carry out the program.”

2022

Subsec. (a). Pub. L. 117–169 substituted “2031” for “2023”.

2018

Subsec. (a). Pub. L. 115–334, § 2705(1), substituted “$300,000,000” for “$100,000,000” and “2019 through 2023” for “2014 through 2018”.

Subsec. (c). Pub. L. 115–334, § 2705(2)–(4)(A), redesignated subsec. (d) as (c), struck out “and acres” after “funds” and “and reserved for the program under subsection (c)” after “under subsection (a)” in introductory provisions, and struck out former subsec. (c) which related to reservation of additional funding and acres for each of fiscal years 2014 through 2018.

Subsec. (c)(1). Pub. L. 115–334, § 2705(4)(B), substituted “50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees” for “25 percent of the funds and acres to projects based on a State competitive process administered by the State Conservationist, with the advice of the State technical committee” and inserted “and” at end.

Subsec. (c)(2), (3). Pub. L. 115–334, § 2705(4)(C)–(E), redesignated par. (3) as (2), substituted “50 percent of the funds” for “35 percent of the funds and acres”, and struck out former par. (2) which read as follows: “40 percent of the funds and acres to projects based on a national competitive process to be established by the Secretary; and”.

Subsec. (d). Pub. L. 115–334, § 2705(5), designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title,” for “None of the funds made available or reserved for the program”, and added par. (2).

Pub. L. 115–334, § 2705(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 115–334, § 2705(6), added subsec. (e). Former subsec. (e) redesignated (d).

Credits

2014–2025 · 4 acts
  1. 2014Pub. L. 99–198, title XII, § 1271D, as added Pub. L. 113–79, title II, § 2401, , 128 Stat. 749
  2. 2018amended Pub. L. 115–334, title II, § 2705, , 132 Stat. 4598
  3. 2022Pub. L. 117–169, title II, § 21001(c)(7), , 136 Stat. 2017
  4. 2025Pub. L. 119–21, title I, § 10601(b), , 139 Stat. 107.
Show as published

(Pub. L. 99–198, title XII, § 1271D, as added Pub. L. 113–79, title II, § 2401, , 128 Stat. 749; amended Pub. L. 115–334, title II, § 2705, , 132 Stat. 4598; Pub. L. 117–169, title II, § 21001(c)(7), , 136 Stat. 2017; Pub. L. 119–21, title I, § 10601(b), , 139 Stat. 107.)

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