Editorial Notes
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 Subtitle F of title XII was repealed by Pub.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 L. 99–198, which was directed to be added to the previously repealed subtitle F by Pub.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.
Section 2279(e)(2) of title 7, referred to in subsec. (a)(23), was redesignated section 2279(a)(5) of title 7 by section 12301(b)(3), (5)(B) of Pub. L. 115–334.
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.
Statutory Notes and Related Subsidiaries
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—
“(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—
“(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.
Temporary Administration of Conservation Programs
Pub. L. 115–334, title II, § 2504, Dec. 20, 2018, 132 Stat. 4584, provided that:
“(a) Interim Administration.—Subject to subsection (d), the Secretary [of Agriculture] shall use the applicable regulations in effect on the day before the date of enactment of this Act [Dec. 20, 2018], to the extent that the terms and conditions of those regulations are consistent with the amendments made by this title [see Tables for classification], to carry out the programs under laws as amended by this title, including—
“(2)
the environmental quality incentives program under subchapter A of chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (
16 U.S.C. 3839aa et seq[.]) (as added by section 2301(a)(1) and amended by subtitle C);
“(3)
the conservation stewardship program under subchapter B of chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 [
16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (b) of section 2301 and amended by subtitle C); and
“(b) Regional Conservation Partnership Program.—
Notwithstanding subsection (e) of section 1271E of the
Food Security Act of 1985 (
16 U.S.C. 3871e) (as amended by section 2706), and subject to subsection (d), for fiscal year 2019, the
Secretary may use an availability of program funding announcement consistent with the amendments made by subtitle G [subtitle G (§§ 2701–2707) of title II of
Pub. L. 115–334, amending sections 3871 to 3871f of this title] to carry out 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.) without issuing a regulation.
“(c) Funding.—
The
Secretary may only use funds authorized to be made available by this title or the amendments made by this title for the specific programs described in paragraphs (1) through (4) of subsection (a) and subsection (b), in accordance with any restrictions on the use of those funds, for the purposes described in subsections (a) and (b).
“(d) Termination of Authority.—
The authority of the
Secretary to carry out subsections (a) and (b) shall terminate on
September 30, 2019.
“(e) Permanent Administration.—
Effective beginning on the termination date described in subsection (d), the
Secretary shall carry out this title and the amendments made by this title in accordance with such final regulations as the
Secretary considers necessary to carry out this title and the amendments made by this title.”
Pub. L. 113–79, title II, § 2712, Feb. 7, 2014, 128 Stat. 771, provided that:
“(a) Applicability.—This section is applicable to activities under—
“(1)
the wetlands reserve program, the farmland protection program, and the
farm viability program being merged into the agricultural conservation easement program under the amendment made by
section 2301 [enacting sections
3865 to
3865d of this title and amending
section 3844 of this title];
“(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, required the Secretary of Agriculture to develop a plan to coordinate land retirement and agricultural working land conservation programs that are administered by the Secretary to achieve the goals of eliminating redundancy, streamlining program delivery, and improving services provided to agricultural producers and to submit to Congress a report on this plan by Dec. 31, 2005.
Conservation Corridor Demonstration Program
Pub. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat. 1215, which authorized the Secretary of the Army to provide technical assistance to the Secretary of Agriculture for use in carrying out the Conservation Corridor Demonstration Program established under subtitle G of title II of Pub. L. 107–171, formerly set out below, was repealed by Pub. L. 115–334, title II, § 2811(b), Dec. 20, 2018, 132 Stat. 4602.
Pub. L. 107–171, title II, subtitle G, May 13, 2002, 116 Stat. 275, which related to a Conservation Corridor Demonstration Program to integrate agriculture and forestry conservation programs of the Department of Agriculture with State and local efforts to address farm conservation needs on the Delmarva Peninsula, was repealed by Pub. L. 115–334, title II, § 2811(a), Dec. 20, 2018, 132 Stat. 4602.
Cranberry Acreage Reserve Program
Pub. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat. 515, which authorized the Secretary of Agriculture to establish a program to purchase permanent easements in wetlands or buffer strips that were used or had a history of being used for the cultivation of cranberries and that were located in environmentally sensitive areas, was repealed by Pub. L. 115–334, title II, § 2812, Dec. 20, 2018, 132 Stat. 4602.
Executive Documents
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.