Source
(Pub. L. 99–198, title XII, § 1234, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 245; amended Pub. L. 110–234, title II, §§ 2109,
2110
(a), (b)(1), (c), May 22, 2008, 122 Stat. 1034, 1035; Pub. L. 110–246, § 4(a), title II, §§ 2109,
2110
(a), (b)(1), (c), June 18, 2008, 122 Stat. 1664, 1762, 1763.)
References in Text
The Farm Security and Rural Investment Act of 2002, referred to in subsec. (f)(3), is
Pub. L. 107–171, May 13, 2002,
116 Stat. 134. For complete classification of this Act to the Code, see Short Title note set out under section
7901 of Title
7, Agriculture, and Tables.
Codification
Pub. L. 110–234 and
Pub. L. 110–246 made identical amendments to this section. The amendments by
Pub. L. 110–234 were repealed by section 4(a) of
Pub. L. 110–246.
Prior Provisions
A prior section
3834,
Pub. L. 99–198, title XII, § 1234, Dec. 23, 1985,
99 Stat. 1511;
Pub. L. 100–387, title III, § 322, Aug. 11, 1988,
102 Stat. 950;
Pub. L. 101–624, title XIV, §§ 1434,
1447
(a), Nov. 28, 1990,
104 Stat. 3581, 3605, related to payments for obligations, prior to the general amendment of this subpart by
Pub. L. 107–171.
Amendments
2008—Subsec. (b)(3).
Pub. L. 110–246, § 2109, added par. (3) and struck out former par. (3) which related to the making of payments to an owner or operator of land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors.
Subsec. (c)(3).
Pub. L. 110–246, § 2110(a), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “In determining the acceptability of contract offers, the Secretary may—
“(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and
“(B) establish different criteria in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated.”
Subsec. (c)(5).
Pub. L. 110–246, § 2110(b)(1), added par. (5).
Subsec. (f)(1).
Pub. L. 110–246, § 2110(c)(1), substituted “received by a person or legal entity, directly or indirectly,” for “made to a person”.
Subsec. (f)(2).
Pub. L. 110–246, § 2110(c)(2), struck out par. (2) which related to promulgation of regulations defining the term “person” as used in subsec. (f) and providing terms and conditions determined necessary to ensure a fair and reasonable application of the subsec. (f) limitation.
Subsec. (f)(4)(A).
Pub. L. 110–246, § 2110(c)(3), substituted “any person or legal entity” for “any person”.
Effective Date of 2008 Amendment
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.
First Survey Pursuant to Subsection (c)(5)
Pub. L. 110–234, title II, § 2110(b)(2), May 22, 2008,
122 Stat. 1035, and
Pub. L. 110–246, § 4(a), title II, § 2110(b)(2), June 18, 2008,
122 Stat. 1664, 1763, provided that: “The first survey required by paragraph (5) of section 1234(c) of the Food Security Act of 1985 (
16 U.S.C.
3834
(c)), as added by subsection (a), shall be conducted not later than 1 year after the date of enactment of this Act [June 18, 2008].”
[
Pub. L. 110–234 and
Pub. L. 110–246 enacted identical provisions.
Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246, set out as a note under section
8701 of Title
7, Agriculture.]
Conservation Research Application
For provisions directing that enumerated provisions of the Food Security Act of 1985 shall apply to the conservation reserve program under this subchapter with respect to rental payments to persons under contracts entered into after Dec. 22, 1987, with certain exceptions, see section 1305(d) of
Pub. L. 100–203, set out as a note under section
1308 of Title
7, Agriculture.