References in Text
Subchapters I through VIII, referred to in subsec. (a), was in the original a reference to subtitles A through I, meaning subtitles A through I of title XII of Pub. L. 99–198. Subtitles A through E and G through I are classified generally to subchapters I through V and VI through VIII of this chapter. Subtitle F of title XII was repealed by Pub. L. 104–127. Section 3851 of this title, contained in subchapter V–A, is based on section 1252 of Pub. L. 99–198, which was directed to be added to the previously repealed subtitle F by Pub. L. 110–246. See Codification note set out under section 3851 of this title.
This chapter, referred to in subsec. (a)(9), was in the original “this title”, meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.
The date of enactment of this subparagraph, referred to in subsec. (a)(11)(C), is the date of enactment of Pub. L. 104–127, which was approved Apr. 4, 1996.
This Act, referred to in subsec. (a)(27), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, known as the Food Security Act of 1985. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.
Amendments
2014—Subsec. (a). Pub. L. 113–79 substituted “VIII” for “V” in introductory provisions.
2008—Subsec. (a)(2) to (27). Pub. L. 110–246, § 2001, added pars. (2), (8), (14), (16) to (19), (23), and (25) and redesignated former pars. (2) to (18) as (3) to (7), (9) to (13), (15), (20) to (22), (24), (26), and (27), respectively.
1996—Subsec. (a)(2) to (6). Pub. L. 104–127, § 301(a), added pars. (2) and (3) and redesignated former pars. (2) to (4) as (4) to (6), respectively. Former pars. (5) and (6) redesignated (7) and (8), respectively.
Subsec. (a)(7). Pub. L. 104–127, § 301(b), added par. (7) and struck out former par. (7) which read as follows: “The term ‘field’ means such term as is defined in section 718.2(b)(9) of title 7 of the Code of Federal Regulations (as of January 1, 1985), except that any highly erodible land on which an agricultural commodity is produced after December 23, 1985, and that is not exempt under section 3812 of this title shall be considered as part of the field in which such land was included on December 23, 1985, unless the Secretary permits modification of the boundaries of the field to carry out subchapters I through V of this chapter.”
Pub. L. 104–127, § 301(a)(1), redesignated par. (5) as (7). Former par. (7) redesignated (9).
Subsec. (a)(8). Pub. L. 104–127, § 301(a)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10).
Subsec. (a)(9). Pub. L. 104–127, § 301(a)(1), redesignated par. (7) as (9). Former par. (9) redesignated (11).
Subsec. (a)(9)(C). Pub. L. 104–127, § 301(c), added subpar. (C).
Subsec. (a)(10) to (18). Pub. L. 104–127, § 301(a)(1), redesignated pars. (8) to (16) as (10) to (18), respectively.
1990—Subsec. (a)(16). Pub. L. 101–624 substituted introductory provisions and subpars. (A) to (C) for “The term ‘wetland’, except when such term is part of the term ‘converted wetland’, means land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.”
1986—Subsec. (a)(16). Pub. L. 99–349 inserted provision that for purposes of this Act, and any other Act, the term “wetland” shall not include lands in Alaska identified as having high potential for agricultural development which have a predominance of permafrost soils.
Short Title of 2003 Amendment
Pub. L. 108–7, div. N, title II, § 201, Feb. 20, 2003, 117 Stat. 538, provided that:
“This title [amending sections 3832 and 3841 of this title] may be cited as the ‘Agricultural Assistance Act of 2003’.”
Short Title of 2000 Amendment
Pub. L. 106–387, § 1(a) [title XI, § 1101], Oct. 28, 2000, 114 Stat. 1549, 1549A–75, provided that:
“This title [amending sections 3831 and 3832 of this title and enacting provisions set out as notes under
section 3831 of this title] may be cited as the ‘
Conservation of Farmable Wetland Act of 2000’.”
Short Title of 1990 Amendment
Pub. L. 101–624, title XIV, § 1401, Nov. 28, 1990, 104 Stat. 3568, provided that:
“This title [enacting sections 1003a, 1010, 3824, 3830, 3835a, 3837 to 3837f, 3838 to 3838f, 3839 to 3839d, 3846, 3847, 3861, and 3862 of this title and sections 136i–1, 2814, 3130, 5401 to 5403, 5501 to 5506 and 5822 of Title 7, Agriculture, amending this section, sections 590p, 1002, 1003, 3459, 3461, 3811, 3812, 3821 to 3823, 3831, 3832, 3834, 3835, 3836, 3843, and 3845 of this title, and sections 136a, 136a–1, 136d, 136w–3, 3157, and 4202 of Title 7, and enacting provisions set out as notes under this section and sections 2101 and 3831 of this title and sections 136a and 4201 of Title 7] may be cited as the ‘Conservation Program Improvements Act’.”
Regulations
Pub. L. 110–234, title II, § 2904, May 22, 2008, 122 Stat. 1091, and Pub. L. 110–246, § 4(a), title II, § 2904, June 18, 2008, 122 Stat. 1664, 1819, provided that:
“(a)Issuance.—
Except as otherwise provided in this title [see Tables for classification] or an amendment made by this title, not later than 90 days after the date of enactment of
this Act [
June 18, 2008], the
Secretary of Agriculture, in consultation with the
Commodity Credit Corporation, shall promulgate such regulations as are necessary to implement this title.
“(b)Applicable Authority.—The promulgation of regulations under subsection (a) and administration of this title—
“(1) shall be carried out without regard to—
“(A)
chapter 35 of title 44, United
States Code (commonly known as the
Paperwork Reduction Act); and
“(B)
the Statement of Policy of the
Secretary of Agriculture effective
July 24, 1971 (
36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
“(2) may—
“(A)
be promulgated with an opportunity for notice and comment; or
“(B)
if determined to be appropriate by the
Secretary of Agriculture or the
Commodity Credit Corporation, as an interim rule effective on publication with an opportunity for notice and comment.
[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.]
Pub. L. 107–171, title II, § 2702, May 13, 2002, 116 Stat. 279, provided that:
“(a)In General.—
Except as otherwise provided in this title [see Tables for classification] or an amendment made by this title, not later than 90 days after the date of enactment of
this Act [
May 13, 2002], the
Secretary of Agriculture, in consultation with the
Commodity Credit Corporation, shall promulgate such regulations as are necessary to implement this title.
“(b)Applicable Authority.—The promulgation of regulations under subsection (a) and administration of this title—
“(1) shall—
“(A)
be carried out without regard to
chapter 35 of title 44, United
States Code (commonly known as the
Paperwork Reduction Act); and
“(B)
the Statement of Policy of the
Secretary of Agriculture effective
July 24, 1971 (
36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
“(2) may—
“(A)
be promulgated with an opportunity for notice and comment; or
“(B)
if determined to be appropriate by the
Secretary of Agriculture or the
Commodity Credit Corporation, as an interim rule effective on publication with an opportunity for notice and comment.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Temporary Administration of Conservation Programs
Pub. L. 113–79, title II, § 2712, Feb. 7, 2014, 128 Stat. 771, provided that:
“(a)Applicability.—This section is applicable to activities under—
“(2)
the wildlife habitat incentive
program being merged into the environmental quality incentives
program under the amendments made by subtitle C [subtitle C (§§ 2201–2208) of title II of
Pub. L. 113–79, amending sections 3839aa to 3839aa–4, 3839aa–7, and 3839aa–8 of this title];
“(3)
the agricultural water enhancement
program, the Chesapeake Bay watershed
program, the cooperative conservation partnership initiative, and the Great Lakes
basin program being merged into the regional conservation partnership
program under the amendment made by section 2401 [enacting sections 3871 to 3871f of this title]; and
“(4)
the grassland reserve
program being merged into the conservation reserve
program under the amendments made by subtitle A [subtitle A (§§ 2001–2008) of title II of
Pub. L. 113–79, amending sections 3831, 3831b, and 3832 to 3835 of this title and repealing
section 3835a of this title] and into the agricultural conservation easement
program under the amendment made by section 2301.
“(b)Interim Administration.—Subject to subsection (d), with respect to the implementation of the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985 [16 U.S.C. 3865 et seq.], as added by section 2301, the amendments to the environmental quality incentives program made by subtitle C, the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 [16 U.S.C. 3871 et seq.], as added by section 2401, and the amendments to the conservation reserve program made by subtitle A, the Secretary [of Agriculture] shall use the regulations in existence as of the day before the date of enactment of this Act [Feb. 7, 2014] that are applicable to the wetlands reserve program, the grassland reserve program, the farmland protection program, the farm viability program, the wildlife habitat incentive program, the agricultural water enhancement program, the Chesapeake Bay watershed program, the cooperative conservation partnership initiative, and the Great Lakes basin program repealed by this subtitle [subtitle H (§§ 2701–2713) of title II of Pub. L. 113–79, see Tables for classification], to the extent that the terms and conditions of such regulations are consistent with—
“(1)
the provisions of the agricultural conservation easement
program and the regional conservation partnership
program; and
“(2)
the amendments to the environmental quality incentives
program and the conservation reserve
program made by this title.
“(c)Funding.—
The
Secretary may only use funds authorized in this title [see Tables for classification] or in the amendments made by this title for the specific
programs listed in subsection (b), including any restrictions on the use of those funds, for the purposes identified in paragraphs (1) and (2) of subsection (b).
“(d)Termination of Authority.—
The authority of the
Secretary to carry out subsection (b) shall terminate on the date that is 270 days after the date of enactment of
this Act.
“(e)Permanent Administration.—
Effective beginning on the termination date described in subsection (d), the
Secretary shall provide
technical assistance, financial assistance, and easement enrollment in accordance with any final regulations that the
Secretary considers necessary to carry out this title and the amendments made by this title.”
Continuation of Programs in Fiscal Year 2008
Pub. L. 110–234, title II, § 2903(a), May 22, 2008, 122 Stat. 1091, and Pub. L. 110–246, § 4(a), title II, § 2903(a), June 18, 2008, 122 Stat. 1664, 1819, provided that:
“Except as otherwise provided by an amendment made by this title [see Tables for classification], the
Secretary of Agriculture shall continue to carry out any
program or activity covered by title XII of the Food Security Act (
16 U.S.C. 3801 et seq.) until
September 30, 2008, using the provisions of law applicable to the
program or activity as they existed on the day before the date of the enactment of
this Act [
June 18, 2008] and using funds made available under such title for fiscal year 2008 for the
program or activity.”
[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.]
Reform and Assessment of Conservation Programs
Pub. L. 107–171, title II, § 2005, May 13, 2002, 116 Stat. 237, provided that:
“(a)In General.—The Secretary of Agriculture shall develop a plan to coordinate land retirement and agricultural working land conservation programs that are administered by the Secretary to achieve the goals of—
“(1)
eliminating redundancy;
“(2)
streamlining
program delivery; and
“(b)Report.—Not later than December 31, 2005, the Secretary of Agriculture 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 that describes—
“(1)
the plan developed under subsection (a); and
“(2)
the means by which the
Secretary intends to achieve the goals described in subsection (a).”
Conservation Corridor Demonstration Program
Pub. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat. 1215, provided that:
“(b)Coordination and Integration.—
In carrying out water resources
projects in the
States on the Delmarva Peninsula, the
Secretary [of the Army] shall coordinate and integrate those
projects, to the maximum extent practicable, with any activities carried out to implement a conservation corridor plan approved by the
Secretary of Agriculture under section 2602 of the
Farm Security and Rural Investment Act of 2002 (
16 U.S.C. 3801 note;
116 Stat. 275).”
Pub. L. 107–171, title II, subtitle G, May 13, 2002, 116 Stat. 275, provided that:
“SEC. 2601. DEFINITIONS.“In this subtitle:
“(1)Delmarva peninsula.—
The term ‘Delmarva Peninsula’ means land in the
States of Delaware, Maryland, and Virginia located on the east side of the Chesapeake Bay.
“(2)Demonstration program.—
The term ‘demonstration
program’ means the Conservation Corridor Demonstration
Program established under this subtitle.
“(3)Conservation corridor plan; plan.—
The terms ‘conservation corridor plan’ and ‘plan’ mean a conservation corridor plan required to be submitted and approved as a condition for participation in the demonstration
program.
“SEC. 2602. CONSERVATION CORRIDOR DEMONSTRATION PROGRAM.
“(a)Establishment.—
The
Secretary shall carry out a demonstration
program, to be known as the ‘Conservation Corridor Demonstration
Program’, under which any of the
States of Delaware, Maryland, and Virginia, a local government of any 1 of those
States with jurisdiction over land on the Delmarva Peninsula, or a combination of those
States, may submit a conservation corridor plan to integrate agriculture and forestry conservation
programs of the
Department of Agriculture with
State and local efforts to address
farm conservation needs.
“(b) Submission of Conservation Corridor Plan.—
“(1)Submission and proposal.—To be eligible to participate in the demonstration program, a State, local government, or combination of States referred to in subsection (a) shall—
“(A) submit to the Secretary a conservation corridor plan that—
“(i)
proposes specific criteria and commitment of resources in the geographic region designated in the plan; and
“(ii) describes how the linkage of Federal, State, and local resources will improve—
“(I)
the economic viability of agriculture; and
“(II)
the environmental integrity of the watersheds in the Delmarva Peninsula; and
“(B)
demonstrate to the
Secretary that, in developing the plan, the
State, local government, or combination of
States has solicited and taken into account the views of local residents.
“(2)Draft memorandum of agreement.—
If the conservation corridor plan is submitted by more than 1
State, the plan shall provide a draft memorandum of agreement among entities in each submitting
State.
“(c)Review of Plan.—Not later than 90 days after the date of receipt of a conservation corridor plan, the Secretary—
“(1)
shall review the plan; and
“(2)
may approve the plan for implementation under this subtitle if the
Secretary determines that the plan meets the requirements specified in subsection (d).
“(d)Criteria for Approval.—The Secretary may approve a conservation corridor plan only if, as determined by the Secretary, the plan provides for each of the following:
“(1)Voluntary actions.—Actions taken under the plan—
“(B)
require the consent of willing
landowners; and
“(C)
provide a mechanism by which the
landowner may withdraw such consent without adverse consequences other than the loss of any payments to the
landowner conditioned on continued enrollment of the land.
“(2)Land of high conservation value.—
Criteria specified in the plan ensure that land enrolled in each conservation
program incorporated through the plan are of exceptionally high conservation value, as determined by the
Secretary.
“(3)No effect on unenrolled land.—The enrollment of land in a conservation program incorporated through the plan will neither—
“(A)
adversely affect any adjacent land not so enrolled; nor
“(B)
create any buffer zone on such unenrolled land.
“(4)Greater benefits.—
The conservation
programs incorporated through the plan provide benefits greater than the benefits that would likely be achieved through individual application of the conservation
programs.
“(5)Sufficient staffing.—
Staffing, considering both Federal and non-Federal resources, is sufficient to ensure success of the plan.
“SEC. 2603. IMPLEMENTATION OF CONSERVATION CORRIDOR PLAN.
“(a)Memorandum of Agreement.—On approval of a conservation corridor plan, the Secretary may enter into a memorandum of agreement with the State, local government, or combination of States that submitted the plan to—
“(1)
guarantee specific
program resources for implementation of the plan;
“(2)
establish various compensation rates to the extent that the parties to the agreement consider justified; and
“(3)
provide streamlined and integrated paperwork requirements.
“(b)Continued Compliance With Plan Approval Criteria.—The Secretary shall terminate the memorandum of agreement entered into under subsection (a) with respect to an approved conservation corridor plan and cease the provision of resources for implementation of the plan if the Secretary determines that, in the implementation of the plan—
“(1) the State, local government, or combination of States that submitted the plan has deviated from—
“(B)
the criteria specified in section 2602(d) on which approval of the plan was conditioned; or
“(C)
the cost-sharing requirements of section 2604(a) or any other condition of the plan; or
“(2)
the economic viability of agriculture in the geographic region designated in the plan is being hindered.
“(c)Progress Report.—At the end of the 3-year period that begins on the date on which funds are first provided with respect to a conservation corridor plan under the demonstration program, the State, local government, or combination of States that submitted the plan shall submit to the Secretary—
“(1)
a report on the effectiveness of the activities carried out under the plan; and
“(2)
an evaluation of the economic viability of agriculture in the geographic region designated in the plan.
“(d)Duration.—
The demonstration
program shall be carried out for not less than 3 nor more than 5 years beginning on the date on which funds are first provided under the demonstration
program.
“SEC. 2604. FUNDING REQUIREMENTS.
“(a) Cost Sharing.—
“(1)Required non-federal share.—
Subject to paragraph (2), as a condition on the approval of a conservation corridor plan, the
Secretary shall require the
State and local participants to contribute financial resources sufficient to cover at least 50 percent of the
total cost of the activities carried out under the plan.
“(2)Exception.—
The
Secretary may reduce the cost-sharing requirement in the case of a specific
project or activity under the demonstration
program on good cause and on demonstration that the
project or activity is likely to achieve extraordinary natural resource benefits.
“(b)Reservation of Funds.—
The
Secretary may consider directing funds on a priority basis to the demonstration
program and to
projects in
areas identified by the plan.
“(c)Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this subtitle for each of fiscal years 2002 through 2007.”
Cranberry Acreage Reserve Program
Pub. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat. 515, provided that:
“(a)Definitions.—In this section:
“(1)Eligible area.—The term ‘eligible area’ means a wetland or buffer strip adjacent to a wetland that, as determined by the Secretary—
“(A)
(i)
is used, and has a history of being used, for the cultivation of cranberries; or
“(ii)
is an integral component of a cranberry-growing operation;
“(B)
is located in an environmentally sensitive
area.
“(b)Program.—
The
Secretary shall establish a
program to purchase permanent easements in eligible
areas from willing sellers.
“(c)Purchase Price.—
The
Secretary shall ensure, to the maximum extent practicable, that each easement purchased under this section is for an amount that appropriately reflects the range of values for agricultural and nonagricultural land in the region in which the eligible
area subject to the easement is located (including whether that land is located in 1 or more environmentally sensitive
areas, as determined by the
Secretary).
“(d)Authorization of Appropriations.—
There is authorized to be appropriated to carry out this section $10,000,000.”