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Title 16 — Conservation

Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program

§ 3871e. Administration

Statutory text

(a)

Disclosure

In addition to the criteria used in evaluating applications as described in section 3871b(e)(2) of this title, the Secretary shall make publicly available information on projects selected through the competitive process described in section 3871b(e)(1) of this title.

(b)

Reporting

Not later than , and every two years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of projects funded under the program, including—

(1)

a summary of—

(A)

the progress made towards achieving the conservation benefits defined for the projects; and

(B)

any other related outcomes of the projects;

(2)

the number and types of eligible partners and producers participating in the partnership agreements selected;

(3)

the number of producers receiving assistance;

(4)

total funding committed to projects, including from Federal and non-Federal resources;

(5)

a description of how the funds under section 3871c(d) of this title are being administered, including—

(A)

any oversight mechanisms that the Secretary has implemented;

(B)

the process through which the Secretary is resolving appeals by program participants; and

(C)

the means by which the Secretary is tracking adherence to any applicable provisions for payment eligibility; and

(6)

in the case of a project within a critical conservation area under section 3871f of this title, the status of each priority resource concern for each designated critical conservation area, including—

(A)

the priority resource concerns for which each critical conservation area is designated;

(B)

conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concerns;

(C)

the partnership agreements selected to address each conservation goal and outcome; and

(D)

the extent to which each conservation goal and outcome is being addressed by the partnership agreements.

(c)

Compliance with certain requirements

The Secretary may not provide assistance under the program to a producer unless the producer agrees, during the program year for which the assistance is provided—

(1)

to comply with applicable conservation requirements under subchapter II; and

(2)

to comply with applicable wetland protection requirements under subchapter III.

(d)

Historically underserved producers

To the maximum extent practicable, in carrying out the program, the Secretary and eligible partners shall conduct outreach to beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers to encourage participation by those producers in a project subject to a partnership agreement or funding agreement under 3871c(d) 1 of this title.

(e)

Regulations

The Secretary shall issue regulations to carry out the program.

Footnotes

  1. 1 So in original. Probably should be preceded by “section”.

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 § 1271E · 99 Stat. 1354

    Enacted · 16 U.S.C. § 3871e

    Pub. L. 99–198, title XII, § 1271E, 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, § 1271E, 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 § 2706(1) · 132 Stat. 4490

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

      Pub. L. 115–334, § 2706(1), which directed amendment of subsec. (a) by substituting “3871b(e)” for “3871b(d)”

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

      Pub. L. 115–334, § 2706(1), which directed amendment of subsec. (a) by substituting “3871(e)(2)” for “3871b(d)(2)”

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

      Pub. L. 115–334, § 2706(1), which directed amendment of subsec. (a) by substituting “3871(e)(1)” for “3871b(d)(1)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–334, § 2706(1), which directed amendment of subsec. (a) by substituting “3871b(e)” for “3871b(d)” wherever appearing, was executed by substituting “3871(e)(2)” for “3871b(d)(2)” and “3871(e)(1)” for “3871b(d)(1)”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “1271B(d)” each place it appears and inserting “1271B(e)”;

  3. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2706(2)(A) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3871e(b)

    Pub. L. 115–334, § 2706(2)(A), substituted “December 31, 2019” for “December 31, 2014” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–334, § 2706(2)(A), substituted “December 31, 2019” for “December 31, 2014” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “December 31, 2014” and inserting “December 31, 2019”;

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2706(2)(B) · 132 Stat. 4490

    1. Added · 16 U.S.C. § 3871e(b)(1)(3)

      Pub. L. 115–334, § 2706(2)(B), (C), added par. (1)

    2. Redesignated · 16 U.S.C. § 3871e(b)(1)(3)

      Pub. L. 115–334, § 2706(2)(B), (C), redesignated former pars. (1) and (2) as (2) and (3), respectively. Former par. (3) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (b)(1) to (3). Pub. L. 115–334, § 2706(2)(B), (C), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

  5. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2706(2)(B) · 132 Stat. 4490

    1. Redesignated · 16 U.S.C. § 3871e(b)(4)

      Pub. L. 115–334, § 2706(2)(B), (D), redesignated par. (3) as (4)

    2. Redesignated · 16 U.S.C. § 3871e(b)(4)

      Pub. L. 115–334, § 2706(2)(B), (D), struck out “and” at end. Former par. (4) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 115–334, § 2706(2)(B), (D), redesignated par. (3) as (4) and struck out “and” at end. Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

  6. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2706(2)(B) · 132 Stat. 4490

    1. Redesignated · 16 U.S.C. § 3871e(b)(5)

      Pub. L. 115–334, § 2706(2)(B), (E), redesignated par. (4) as (5)

    2. Substituted · 16 U.S.C. § 3871e(b)(5)

      Pub. L. 115–334, § 2706(2)(B), (E), substituted “3871c(d)” for “3871c(b)(2)” in introductory provisions and “; and” for period at end

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 115–334, § 2706(2)(B), (E), redesignated par. (4) as (5) and substituted “3871c(d)” for “3871c(b)(2)” in introductory provisions and “; and” for period at end.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

  7. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2706(2)(F) · 132 Stat. 4490

    Added · 16 U.S.C. § 3871e(b)(6)

    Pub. L. 115–334, § 2706(2)(F), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 115–334, § 2706(2)(F), added par. (6).

    Enacted provision · exact public law section
    (F) by adding at the end the following: “(6) in the case of a project within a critical conservation area under section 1271F, the status of each priority resource concern for each designated critical conservation area, including— “(A) the priority resource concerns for which each critical conservation area is designated; “(B) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concerns; “(C) the partnership agreements selected to address each conservation goal and outcome; and “(D) the extent to which each conservation goal and outcome is being addressed by the partnership agreements.” ; and

  8. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2706(3) · 132 Stat. 4490

    Added · 16 U.S.C. § 3871e(c)(e)

    Pub. L. 115–334, § 2706(3), added subsecs. (c) to (e)

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 115–334, § 2706(3), added subsecs. (c) to (e).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(c) Compliance With Certain Requirements.— The Secretary may not provide assistance under the program to a producer unless the producer agrees, during the program year for which the assistance is provided— “(1) to comply with applicable conservation requirements under subtitle B; and “(2) to comply with applicable wetland protection requirements under subtitle C. “(d) Historically Underserved Producers.— To the maximum extent practicable, in carrying out the program, the Secretary and eligible partners shall conduct outreach to beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers to encourage participation by those producers in a project subject to a partnership agreement or funding agreement under 1271C(d). “(e) Regulations.— The Secretary shall issue regulations to carry out the program.” .

12 of 13 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–334, § 2706(1), which directed amendment of subsec. (a) by substituting “3871b(e)” for “3871b(d)” wherever appearing, was executed by substituting “3871(e)(2)” for “3871b(d)(2)” and “3871(e)(1)” for “3871b(d)(1)”.

Subsec. (b). Pub. L. 115–334, § 2706(2)(A), substituted “” for “” in introductory provisions.

Subsec. (b)(1) to (3). Pub. L. 115–334, § 2706(2)(B), (C), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Former par. (3) redesignated (4).

Subsec. (b)(4). Pub. L. 115–334, § 2706(2)(B), (D), redesignated par. (3) as (4) and struck out “and” at end. Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 115–334, § 2706(2)(B), (E), redesignated par. (4) as (5) and substituted “3871c(d)” for “3871c(b)(2)” in introductory provisions and “; and” for period at end.

Subsec. (b)(6). Pub. L. 115–334, § 2706(2)(F), added par. (6).

Subsecs. (c) to (e). Pub. L. 115–334, § 2706(3), added subsecs. (c) to (e).

Credits

2014–2018 · 2 acts
  1. 2014Pub. L. 99–198, title XII, § 1271E, as added Pub. L. 113–79, title II, § 2401, , 128 Stat. 749
  2. 2018amended Pub. L. 115–334, title II, § 2706, , 132 Stat. 4599.
Show as published

(Pub. L. 99–198, title XII, § 1271E, as added Pub. L. 113–79, title II, § 2401, , 128 Stat. 749; amended Pub. L. 115–334, title II, § 2706, , 132 Stat. 4599.)

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