Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

legal/us/code/title-16/chapter-58/section-3811.md

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+---
+type: "LegalText"
+title: "16 U.S.C. § 3811"
+description: "Program ineligibility"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3811"
+citation: "16 U.S.C. § 3811"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3811"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "739f743effb29eed82f4858ab737246b0cfdb17cbf3e08d4bb29ea95ceae3883"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "8bedd36f02d406fed5efb61d8b6a27b145b441aa0a57f21e126d8f2d266bd9e8"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3811 - Program ineligibility
+
+## Text
+
+(a) In general Except as provided in section 3812 of this title, and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity, as determined by the Secretary shall be ineligible for—
+
+(1) as to any commodity produced during that crop year by such person—
+
+(A) contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [7 U.S.C. 7201 et seq.], the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act;
+
+(B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h));
+
+(C) a disaster payment;
+
+(D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of such loan will be used for a purpose that will contribute to excessive erosion of highly erodible land; or
+
+(E) any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), on the condition that if a person is determined to have committed a violation under this subsection during a crop year, ineligibility under this subparagraph shall—
+
+(i) only apply to reinsurance years subsequent to the date of final determination of a violation, including all administrative appeals; and
+
+(ii) not apply to the existing reinsurance year or any reinsurance year prior to the date of final determination;
+
+(2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) during such crop year for the storage of an agricultural commodity acquired by the Commodity Credit Corporation; or
+
+(3) during the crop year—
+
+(A) a payment made pursuant to a contract entered into under the environmental quality incentives program under subpart A of part IV of subchapter IV;
+
+(B) a payment under any other provision of subchapter IV;
+
+(C) a payment under section 2201 or 2202 of this title; or
+
+(D) a payment, loan, or other assistance under section 1003 or 1006a of this title.
+
+(b) Highly erodible land The Secretary shall have, and shall not delegate to any private person or entity, authority to determine whether a person has complied with this subchapter.
+
+(Pub. L. 99–198, title XII, § 1211, Dec. 23, 1985, 99 Stat. 1506; Pub. L. 101–624, title XIV, § 1411, Nov. 28, 1990, 104 Stat. 3569; Pub. L. 102–237, title II, § 204(1), Dec. 13, 1991, 105 Stat. 1854; Pub. L. 104–127, title III, § 311, Apr. 4, 1996, 110 Stat. 982; Pub. L. 107–171, title II, § 2002(a), May 13, 2002, 116 Stat. 233; Pub. L. 113–79, title II, §§ 2611(a)(1), 2713(b), Feb. 7, 2014, 128 Stat. 762, 772; Pub. L. 115–334, title II, § 2301(d)(1)(A), Dec. 20, 2018, 132 Stat. 4553.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Agricultural Market Transition Act, referred to in subsec. (a)(1)(A), is title I of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 896, which is classified principally to chapter 100 (§ 7201 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 7201 of Title 7 and Tables. The Commodity Credit Corporation Charter Act, referred to in subsec. (a)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, which is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(D), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables. The Federal Crop Insurance Act, referred to in subsec. (a)(1)(E), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.
+
+Amendments2018—Subsec. (a)(3)(A). Pub. L. 115–334 inserted “subpart A of” before “part IV”. 2014—Subsec. (a). Pub. L. 113–79, § 2713(b), substituted “predominant” for “predominate” in two places in introductory provisions. Subsec. (a)(1)(E). Pub. L. 113–79, § 2611(a)(1), added subpar. (E). 2002—Pub. L. 107–171 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Pub. L. 104–127, § 311(1), struck out “following December 23, 1985,” before “any person who” in introductory provisions. Par. (1)(A). Pub. L. 104–127, § 311(2)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “any type of price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act;”. Par. (1)(C). Pub. L. 104–127, § 311(2)(B), (E), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);”. Par. (1)(D). Pub. L. 104–127, § 311(2)(E), redesignated subpar. (E) as (D). Former subpar. (D) redesignated (C). Pub. L. 104–127, § 311(2)(C), struck out before semicolon “made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), under section 132 of the Disaster Assistance Act of 1989 (7 U.S.C. 1421 note), or under any similar provision enacted subsequent to August 14, 1989”. Par. (1)(E). Pub. L. 104–127, § 311(2)(D), (E), substituted “Consolidated Farm Service Agency” for “Farmers Home Administration” and redesignated subpar. (E) as (D). Par. (3). Pub. L. 104–127, § 311(3), added par. (3) and struck out former par. (3) which read as follows: “during such crop year— “(A) a payment made under section 590h, section 590l or section 590p(b) of this title; “(B) a payment made under section 2201 or section 2202 of this title; “(C) a payment under any contract entered into pursuant to section 3831 of this title; “(D) a payment under part II of subchapter IV of this chapter; “(E) a payment under part III of subchapter IV of this chapter; or “(F) a payment, loan or other assistance under section 1003 or section 1006a of this title.” 1991—Par. (1)(D). Pub. L. 102–237, § 204(1)(A), substituted “(7 U.S.C. 1421 note)” for “(16 U.S.C. 1421 note)”. Par. (3)(D), (E). Pub. L. 102–237, § 204(1)(B), (C), made technical amendments to references to part II of subchapter IV of this chapter and part III of subchapter IV of this chapter, in subpars. (D) and (E), respectively, to clarify references in corresponding provisions of original Act. 1990—Pub. L. 101–624, § 1411(1), inserted “, or designates land on which highly erodible land is predominate to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity, as determined by the Secretary” after “is predominate” in first sentence. Par. (1)(D). Pub. L. 101–624, § 1411(2), inserted reference to section 132 of the Disaster Assistance Act of 1989 and similar provisions enacted after Aug. 14, 1989. Par. (3). Pub. L. 101–624, § 1411(3)–(5), added par. (3).
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Consolidated Farm Service Agency effectively renamed Farm Service Agency by the amendments made to section 6932 of Title 7, Agriculture, by Pub. L. 115–334, title XII, § 12404(a), Dec. 20, 2018, 132 Stat. 4974.
+
+Effective Date of 1996 AmendmentPub. L. 104–127, title III, § 311, Apr. 4, 1996, 110 Stat. 982, provided that the amendment made by that section is effective 90 days after Apr. 4, 1996.
+
+Short TitlePub. L. 99–198, title XII, subtitle B, Dec. 23, 1985, 99 Stat. 1506, which is classified generally to this subchapter, is popularly known as the sodbuster provisions.
+
+Wind Erosion Estimation Pilot ProjectPub. L. 104–127, title III, § 317, Apr. 4, 1996, 110 Stat. 986, provided that: “(a) In General.—The Secretary of Agriculture shall conduct a pilot project to review, and modify as appropriate, the use of wind erosion factors under the highly erodible conservation requirements of subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.). “(b) Selection of Counties and Producers.—The pilot project shall be conducted for producers in those counties that—“(1) have approximately 100 percent of their cropland determined to be highly erodible under title XII of the Act [16 U.S.C. 3801 et seq.]; “(2) have a reasonable likelihood that the use of wind erosion factors under title XII of the Act have resulted in an inequitable application of the highly erodible land requirements of title XII of the Act; and “(3) if the use of the land classification system under section 1201(a)(9)(A) of the Act [16 U.S.C. 3801(a)(9)(A)] (as redesignated by section 301(a)(1)) may result in a more accurate delineation of the cropland. “(c) Errors in Delineation.—If the Secretary determines that a significant error has occurred in delineating cropland under the pilot project, the Secretary shall, at the request of the owners or operators of the cropland, conduct a new delineation of the cropland using the most accurate available delineation process, as determined by the Secretary.”

legal/us/code/title-16/chapter-58/section-3812a.md

@@ -0,0 +1,77 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3812a"
+description: "Development and implementation of conservation plans and conservation systems"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3812a"
+citation: "16 U.S.C. § 3812a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3812a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "2109800dbe6c6f69ee6476f4ee54643fa41749b6a8b923aa94cf583a9fc7a788"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "c66a0fa2d49707b79c383159cff35a79feb227b38dbba776c548fb78f89d7d84"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3812a - Development and implementation of conservation plans and conservation systems
+
+## Text
+
+(a) Technical requirements In connection with the standards and guidelines contained in Natural Resources Conservation Service field office technical guides applicable to the development and use of conservation measures and management practices as part of a conservation system, the Secretary shall ensure that the standards and guidelines permit a person to use a conservation system that—
+
+(1) is technically and economically feasible;
+
+(2) is based on local resource conditions and available conservation technology;
+
+(3) is cost-effective; and
+
+(4) does not cause undue economic hardship on the person applying the conservation system under the person’s conservation plan.
+
+(b) Measurement of erosion reduction For the purpose of determining whether there is a substantial reduction in soil erosion on a field containing highly erodible cropland, the measurement of erosion reduction achieved by the application of a conservation system under a person’s conservation plan shall be based on the estimated annual level of erosion at the time of the measurement compared to the estimated annual level of erosion that existed before the implementation of the conservation measures and management practices provided for in the conservation system.
+
+(c) Residue measurement (1) Responsibilities of the Secretary For the purpose of measuring the level of residue on a field, the Secretary shall—
+
+(A) take into account any residue incorporated into the top 2 inches of soil, as well as the growing crop, in the measurement;
+
+(B) provide technical guidelines for acceptable residue measurement methods;
+
+(C) provide a certification system for third parties to perform residue measurements; and
+
+(D) provide for the acceptance and use of information and data voluntarily provided by the producer regarding the field.
+
+(2) Acceptance of producer measurements Annual residue measurements supplied by a producer (including measurements performed by a certified third party) shall be used by the Secretary if the Secretary determines that the measurements indicate that the residue level for the field meets the level required under the conservation plan.
+
+(d) Certification of compliance (1) In general For the purpose of determining the eligibility of a person for program benefits specified in section 3811 of this title at the time application is made for the benefits, the Secretary shall permit the person to certify that the person is complying with the person’s conservation plan.
+
+(2) Status reviews If a person makes a certification under paragraph (1), the Secretary shall not be required to carry out a review of the status of compliance of the person with the conservation plan under which the conservation system is being applied.
+
+(3) Revisions and modifications The Secretary shall permit a person who makes a certification under paragraph (1) with respect to a conservation plan to revise the conservation plan in any manner, if the same level of conservation treatment provided for by the conservation system under the person’s conservation plan is maintained. The Secretary may not revise the person’s conservation plan without the concurrence of the person.
+
+(4) Crop insurance premium assistance For the purpose of determining the eligibility of a person for the payment described in section 3811(a)(1)(E) of this title, the Secretary shall apply the procedures described in section 3821(c)(3)(E) of this title and coordinate the certification process so as to avoid duplication or unnecessary paperwork.
+
+(e) Technical assistance The Secretary shall, using available resources and consistent with the Secretary’s other conservation responsibilities and objectives, provide technical assistance to a person throughout the development, revision, and application of the conservation plan and any conservation system of the person. At the request of the person, the Secretary may provide technical assistance regarding conservation measures and management practices for other lands of the person that do not contain highly erodible cropland.
+
+(f) Encouragement of on-farm research To encourage on-farm conservation research, the Secretary may allow a person to include in the person’s conservation plan or a conservation system under the plan, on a field trial basis, practices that are not currently approved but that the Secretary considers have a reasonable likelihood of success.
+
+(Pub. L. 99–198, title XII, § 1213, as added Pub. L. 104–127, title III, § 315(a)(2), Apr. 4, 1996, 110 Stat. 984; amended Pub. L. 113–79, title II, § 2611(a)(3), Feb. 7, 2014, 128 Stat. 763.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 1213 of Pub. L. 99–198 was renumbered section 1214 and is classified to section 3813 of this title.
+
+Amendments2014—Subsec. (d)(4). Pub. L. 113–79 added par. (4).

legal/us/code/title-16/chapter-58/section-3813.md

@@ -0,0 +1,35 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3813"
+description: "Soil surveys"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3813"
+citation: "16 U.S.C. § 3813"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3813"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "a54b9142b8a4dbb3d4ff5044d6516e854173ab8c5baa9486446b40c81c2e370b"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "9569c85be162f1945dc0802f36c5e7251461b90d504083fc09764b869882814c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3813 - Soil surveys
+
+## Text
+
+The Secretary shall, as soon as is practicable after December 23, 1985, complete soil surveys on those private lands that do not have a soil survey suitable for use in determining the land capability class for purposes of this subchapter. In carrying out this section, the Secretary shall, insofar as possible, concentrate on those localities where significant amounts of highly erodible land are being converted to the production of agricultural commodities.
+
+(Pub. L. 99–198, title XII, § 1214, formerly § 1213, Dec. 23, 1985, 99 Stat. 1507; renumbered § 1214, Pub. L. 104–127, title III, § 315(a)(1), Apr. 4, 1996, 110 Stat. 983.)

legal/us/code/title-16/chapter-58/section-3814.md

@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3814"
+description: "Notice and investigation of possible compliance deficiencies"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3814"
+citation: "16 U.S.C. § 3814"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3814"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "7bf647ffcc759758ef94bbc3917e7a00e647c64577ad8c9405e58f2c8c2bf62b"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "ab3158234b130f911bcf5b3d9f180213c5fa357684823fb806a81f747e3a3855"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3814 - Notice and investigation of possible compliance deficiencies
+
+## Text
+
+(a) In general An employee of the Department of Agriculture who observes a possible compliance deficiency or other potential violation of a conservation plan or this subchapter while providing on-site technical assistance shall provide to the responsible persons, not later than 45 days after observing the possible violation, information regarding actions needed to comply with the plan and this subchapter. The employee shall provide the information in lieu of reporting the observation as a compliance violation.
+
+(b) Corrective action The responsible persons shall attempt to correct the deficiencies as soon as practicable after receiving the information.
+
+(c) Review If the corrective action is not fully implemented not later than 1 year after the responsible persons receive the information, the Secretary may conduct a review of the status of compliance of the persons with the conservation plan and this subchapter.
+
+(Pub. L. 99–198, title XII, § 1215, as added Pub. L. 104–127, title III, § 316, Apr. 4, 1996, 110 Stat. 985.)

legal/us/code/title-16/chapter-58/section-3821.md

@@ -0,0 +1,141 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3821"
+description: "Program ineligibility"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3821"
+citation: "16 U.S.C. § 3821"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3821"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "7e50465083b4d4affd66d7d2daaee27254dd3a1a4e9bb9d4ac0d0cc98c46ce77"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "f6668371f3a8d1a5025ef64fdcc92af69beb4a734beb8ce641cb715cd534694d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3821 - Program ineligibility
+
+## Text
+
+(a) Production on converted wetland Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be—
+
+(1) in violation of this section; and
+
+(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation.
+
+(b) Ineligibility for certain loans and payments If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible:
+
+(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [7 U.S.C. 7201 et seq.], the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act.
+
+(2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subchapter) to produce an agricultural commodity.
+
+(3) During the crop year:
+
+(A) A payment made pursuant to a contract entered into under the environmental quality incentives program under subpart A of part IV of subchapter IV.
+
+(B) A payment under any other provision of subchapter IV.
+
+(C) A payment under section 2201 or 2202 of this title.
+
+(D) A payment, loan, or other assistance under section 1003 or 1006a of this title.
+
+(c) Ineligibility for crop insurance premium assistance (1) Requirements (A) In general If a person is determined to have committed a violation under subsection (a) or (d) during a crop year, the person shall be ineligible to receive any payment of any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) pursuant to this subsection.
+
+(B) Applicability Ineligibility under this subsection shall—
+
+(i) only apply to reinsurance years subsequent to the date of a final determination of a violation, including all administrative appeals; and
+
+(ii) not apply to the existing reinsurance year or any reinsurance year prior to the date of the final determination.
+
+(2) Conversions (A) In general Notwithstanding paragraph (1), ineligibility for crop insurance premium assistance shall apply in accordance with this paragraph.
+
+(B) New conversions In the case of a wetland that the Secretary determines was converted after February 7, 2014—
+
+(i) the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless the Secretary determines that an exemption pursuant to section 3822 of this title applies; or
+
+(ii) for any violation that the Secretary determines impacts less than 5 acres of an entire farm, the person may pay a contribution in an amount equal to 150 percent of the cost of mitigation, as determined by the Secretary, to the fund described in section 3841(f) of this title for wetland restoration in lieu of ineligibility to receive crop insurance premium assistance.
+
+(C) Prior conversions In the case of a wetland that the Secretary determines was converted prior to February 7, 2014, ineligibility under this subsection shall not apply.
+
+(D) Conversions and new policies or plans of insurance In the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after February 7, 2014—
+
+(i) ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person; and
+
+(ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed 2 reinsurance years.
+
+(3) Limitations (A) Mitigation required Except as otherwise provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation described in subsection (d) shall have 1 reinsurance year to initiate a mitigation plan to remedy the violation, as determined by the Secretary, before becoming ineligible under this subsection in the following reinsurance year to receive any payment of any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
+
+(B) Persons covered for the first time Notwithstanding the requirements of paragraph (1), in the case of a person that is subject to this subsection for the first time solely due to the amendment made by section 2611(b) of the Agricultural Act of 2014, the person shall have 2 reinsurance years after the reinsurance year in which a final determination is made, including all administrative appeals, of a violation described in this subsection to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection.
+
+(C) Good faith If the Secretary determines that a person subject to a final determination, including all administrative appeals, of a violation described in this subsection acted in good faith and without intent to commit a violation described in this subsection as described in section 3822(h) of this title, the person shall have 2 reinsurance years to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection.
+
+(D) Tenant relief (i) In general If a tenant is determined to be ineligible for payments and other benefits under this subsection, the Secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established, to the satisfaction of the Secretary that—
+
+(I) the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable plan for restoration or mitigation for the farm;
+
+(II) the landlord on the farm refuses to comply with the plan on the farm; and
+
+(III) the Secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance.
+
+(ii) Report 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 an annual report concerning the ineligibility determinations limited during the previous 12-month period under this subparagraph.
+
+(E) Certificate of compliance (i) In general Beginning with the first full reinsurance year immediately following February 7, 2014, all persons seeking eligibility for the payment of a portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) shall provide certification of compliance with this section as determined by the Secretary.
+
+(ii) Timely evaluation The Secretary shall evaluate the certification in a timely manner and—
+
+(I) a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and
+
+(II) if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of this subsection, ineligibility shall not apply to the person for that violation.
+
+(iii) Equitable contribution (I) In general If a person fails to notify the Secretary as required and is subsequently found to be in violation of this subsection, the Secretary shall—
+
+(aa) determine the amount of an equitable contribution to conservation by the person for the violation; and
+
+(bb) deposit the contribution in the fund described in section 3841(f) of this title.
+
+(II) Limitation The contribution shall not exceed the total of the portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph.
+
+(4) Duties of the Secretary (A) In general In carrying out this subsection, the Secretary shall use existing processes and procedures for certifying compliance.
+
+(B) Responsibility The Secretary, acting through the agencies of the Department of Agriculture, shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection.
+
+(C) Limitation The Secretary shall ensure that no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability for the eligibility of an insured producer under this subsection, other than in cases of misrepresentation, fraud, or scheme and device.
+
+(d) Wetland conversion (1) In general Except as provided in section 3822 of this title and notwithstanding any other provision of law, any person who in any crop year beginning after November 28, 1990, converts a wetland by draining, dredging, filling, leveling, or any other means for the purpose, or to have the effect, of making the production of an agricultural commodity possible on such converted wetland shall be ineligible for those payments, loans, or programs specified in subsection (b) for that crop year and all subsequent crop years.
+
+(2) Duty of the Secretary No person shall become ineligible under paragraph (1) if the Secretary determines that an exemption under section 3822(b) of this title applies to that person.
+
+(e) Prior loans This section shall not apply to a loan described in subsection (b) made before December 23, 1985.
+
+(f) Wetland The Secretary shall have, and shall not delegate to any private person or entity, authority to determine whether a person has complied with this subchapter.
+
+(Pub. L. 99–198, title XII, § 1221, Dec. 23, 1985, 99 Stat. 1507; Pub. L. 101–624, title XIV, § 1421(b), Nov. 28, 1990, 104 Stat. 3572; Pub. L. 102–237, title II, § 204(3), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 102–552, title III, § 308(a), Oct. 28, 1992, 106 Stat. 4116; Pub. L. 104–127, title III, § 321, Apr. 4, 1996, 110 Stat. 986; Pub. L. 107–171, title II, § 2002(b), May 13, 2002, 116 Stat. 233; Pub. L. 113–79, title II, § 2611(b), Feb. 7, 2014, 128 Stat. 763; Pub. L. 115–334, title II, §§ 2101, 2301(d)(1)(B), Dec. 20, 2018, 132 Stat. 4530, 4553.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Agricultural Market Transition Act, referred to in subsec. (b)(1), is title I of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 896, which is classified principally to chapter 100 (§ 7201 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 7201 of Title 7 and Tables. The Commodity Credit Corporation Charter Act, referred to in subsec. (b)(1), is act June 29, 1948, ch. 704, 62 Stat. 1070, which is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. The Consolidated Farm and Rural Development Act, referred to in subsec. (b)(2), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables. The Federal Crop Insurance Act, referred to in subsec. (c)(1)(A), (3)(A), (E)(i), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables. Section 2611(b) of the Agricultural Act of 2014, referred to in subsec. (c)(3)(B), is section 2611(b) of Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 763, which amended this section.
+
+Amendments2018—Subsec. (b)(3)(A). Pub. L. 115–334, § 2301(d)(1)(B), inserted “subpart A of” before “part IV”. Subsec. (d). Pub. L. 115–334, § 2101, designated existing provisions as par. (1), inserted heading, and added par. (2). 2014—Subsecs. (c) to (f). Pub. L. 113–79 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. 2002—Subsec. (e). Pub. L. 107–171 added subsec. (e). 1996—Pub. L. 104–127, § 321(a)(2), reenacted section catchline without change. Subsec. (a). Pub. L. 104–127, § 321(a)(2), added subsec. (a) and struck out former subsec. (a) which related to ineligibility of persons producing an agricultural commodity on converted wetland to receive certain Federal payments, loans, insurance benefits, and other benefits. Subsec. (b). Pub. L. 104–127, § 321(a)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 104–127, § 321(b)(1), inserted heading and substituted “beginning after November 28, 1990,” for “subsequent to November 28, 1990,” and “subsection (b)” for “subsections (a)(1) through (3)”. Pub. L. 104–127, § 321(a)(1), redesignated subsec. (b) as (c). Subsec. (d). Pub. L. 104–127, § 321(b)(2), added subsec. (d). 1992—Subsec. (a)(1)(D). Pub. L. 102–552 made technical correction to directory language of Pub. L. 102–237. See 1991 Amendment note below. 1991—Subsec. (a)(1)(D). Pub. L. 102–237, as amended by Pub. L. 102–552, substituted “(7 U.S.C. 1421 note)” for “(16 U.S.C. 1421 note)”. 1990—Subsec. (a). Pub. L. 101–624, § 1421(b)(1), designated existing provisions as subsec. (a). Subsec. (a)(1)(D). Pub. L. 101–624, § 1421(b)(2), inserted reference to section 132 of the Disaster Assistance Act of 1989 and similar provisions enacted after Aug. 14, 1989. Subsec. (a)(3). Pub. L. 101–624, § 1421(b)(3)–(5), added par. (3). Subsec. (b). Pub. L. 101–624, § 1421(b)(6), added subsec. (b).
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Consolidated Farm Service Agency effectively renamed Farm Service Agency by the amendments made to section 6932 of Title 7, Agriculture, by Pub. L. 115–334, title XII, § 12404(a), Dec. 20, 2018, 132 Stat. 4974.
+
+Effective Date of 1996 AmendmentPub. L. 104–127, title III, § 326, Apr. 4, 1996, 110 Stat. 992, provided that: “This subtitle [subtitle C (§§ 321–326) of title III of Pub. L. 104–127, enacting section 3823 of this title, amending this section and section 3822 of this title, and repealing former section 3823 of this title] and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act [Apr. 4, 1996].”
+
+Short TitlePub. L. 99–198, title XII, subtitle C, Dec. 23, 1985, 99 Stat. 1507, which is classified generally to this subchapter, is popularly known as the swampbuster provisions.

legal/us/code/title-16/chapter-58/section-3822.md

@@ -0,0 +1,193 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3822"
+description: "Delineation of wetlands; exemptions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3822"
+citation: "16 U.S.C. § 3822"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3822"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "af3c6cf4bf1f2436e5f76fddd814ba34381ef85d44d5c3da57253399d168b127"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "669618d9fd93a22ff3dca31a0378cb09260ad8cc7a1fa8eda2c663c3cc06208b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3822 - Delineation of wetlands; exemptions
+
+## Text
+
+(a) Delineation by Secretary (1) In general Subject to subsection (b) and paragraph (6), the Secretary shall delineate, determine, and certify all wetlands located on subject land on a farm.
+
+(2) Wetland delineation maps The Secretary shall delineate wetlands on wetland delineation maps. On the request of a person, the Secretary shall make a reasonable effort to make an on-site wetland determination prior to delineation.
+
+(3) Certification On providing notice to affected persons, the Secretary shall—
+
+(A) certify whether a map is sufficient for the purpose of making a determination of ineligibility for program benefits under section 3821 of this title; and
+
+(B) provide an opportunity to appeal the certification prior to the certification becoming final.
+
+(4) Duration of certification A final certification made under paragraph (3) shall remain valid and in effect as long as the area is devoted to an agricultural use or until such time as the person affected by the certification requests review of the certification by the Secretary.
+
+(5) Review of mapping on appeal In the case of an appeal of the Secretary’s certification, the Secretary shall review and certify the accuracy of the mapping of all land subject to the appeal to ensure that the subject land has been accurately delineated. Prior to rendering a decision on the appeal, the Secretary shall conduct an on-site inspection of the subject land on a farm.
+
+(6) Reliance on prior certified delineation No person shall be adversely affected because of having taken an action based on a previous certified wetland delineation by the Secretary. The delineation shall not be subject to a subsequent wetland certification or delineation by the Secretary, unless requested by the person under paragraph (4).
+
+(b) Exemptions No person shall become ineligible under section 3821 of this title for program loans or payments under the following circumstances:
+
+(1) As the result of the production of an agricultural commodity on the following lands:
+
+(A) A converted wetland if the conversion of the wetland was commenced before December 23, 1985.
+
+(B) Land that is a nontidal drainage or irrigation ditch excavated in upland.
+
+(C) A wet area created by a water delivery system, irrigation, irrigation system, or application of water for irrigation.
+
+(D) A wetland on which the owner or operator of a farm or ranch uses normal cropping or ranching practices to produce an agricultural commodity in a manner that is consistent for the area where the production is possible as a result of a natural condition, such as drought, and is without action by the producer that destroys a natural wetland characteristic.
+
+(E) Land that is an artificial lake or pond created by excavating or diking land (that is not a wetland) to collect and retain water and that is used primarily for livestock watering, fish production, irrigation, wildlife, fire control, flood control, cranberry growing, or rice production, or as a settling pond.
+
+(F) A wetland that is temporarily or incidentally created as a result of adjacent development activity.
+
+(G) A converted wetland if the original conversion of the wetland was commenced before December 23, 1985, and the Secretary determines the wetland characteristics returned after that date as a result of—
+
+(i) the lack of maintenance of drainage, dikes, levees, or similar structures;
+
+(ii) a lack of management of the lands containing the wetland; or
+
+(iii) circumstances beyond the control of the person.
+
+(H) A converted wetland, if—
+
+(i) the converted wetland was determined by the Natural Resources Conservation Service to have been manipulated for the production of an agricultural commodity or forage prior to December 23, 1985, and was returned to wetland conditions through a voluntary restoration, enhancement, or creation action subsequent to that determination;
+
+(ii) technical determinations regarding the prior site conditions and the restoration, enhancement, or creation action have been adequately documented by the Natural Resources Conservation Service;
+
+(iii) the proposed conversion action is approved by the Natural Resources Conservation Service prior to implementation; and
+
+(iv) the extent of the proposed conversion is limited so that the conditions will be at least equivalent to the wetland functions and values that existed prior to implementation of the voluntary wetland restoration, enhancement, or creation action.
+
+(2) For the conversion of the following:
+
+(A) An artificial lake or pond created by excavating or diking land that is not a wetland to collect and retain water and that is used primarily for livestock watering, fish production, irrigation, wildlife, fire control, flood control, cranberry growing, rice production, or as a settling pond.
+
+(B) A wetland that is temporarily or incidentally created as a result of adjacent development activity.
+
+(C) A wetland on which the owner or operator of a farm or ranch uses normal cropping or ranching practices to produce an agricultural commodity in a manner that is consistent for the area where the production is possible as a result of a natural condition, such as drought, and is without action by the producer that destroys a natural wetland characteristic.
+
+(D) A wetland previously identified as a converted wetland (if the original conversion of the wetland was commenced before December 23, 1985), but that the Secretary determines returned to wetland status after that date as a result of—
+
+(i) the lack of maintenance of drainage, dikes, levees, or similar structures;
+
+(ii) a lack of management of the lands containing the wetland; or
+
+(iii) circumstances beyond the control of the person.
+
+(E) A wetland, if—
+
+(i) the wetland was determined by the Natural Resources Conservation Service to have been manipulated for the production of an agricultural commodity or forage prior to December 23, 1985, and was returned to wetland conditions through a voluntary restoration, enhancement, or creation action subsequent to that determination;
+
+(ii) technical determinations regarding the prior site conditions and the restoration, enhancement, or creation action have been adequately documented by the Natural Resources Conservation Service;
+
+(iii) the proposed conversion action is approved by the Natural Resources Conservation Service prior to implementation; and
+
+(iv) the extent of the proposed conversion is limited so that the conditions will be at least equivalent to the wetland functions and values that existed prior to implementation of the voluntary wetland restoration, enhancement, or creation action.
+
+(c) On-site inspection requirement (1) In general No program loans, payments, or benefits shall be withheld from a person under this subchapter unless the Secretary has conducted an on-site visit of the subject land, which, except as provided in paragraph (2), shall be conducted in the presence of the affected person.
+
+(2) Exception The Secretary may conduct an on-site visit under paragraph (1) without the affected person present if the Secretary has made a reasonable effort to include the presence of the affected person at the on-site visit.
+
+(d) Identification of minimal effect exemptions For purposes of applying the minimal effect exemption under subsection (f)(1), the Secretary shall identify by regulation categorical minimal effect exemptions on a regional basis to assist persons in avoiding a violation of the ineligibility provisions of section 3821 of this title. The Secretary shall ensure that employees of the Department of Agriculture who administer this subchapter receive appropriate training to properly apply the minimal effect exemptions determined by the Secretary.
+
+(e) Nonwetlands The Secretary shall exempt from the ineligibility provisions of section 3821 of this title any action by a person upon lands in any case in which the Secretary determines that any one of the following does not apply with respect to such lands:
+
+(1) Such lands have a predominance of hydric soils.
+
+(2) Such lands are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
+
+(3) Such lands, under normal circumstances, support a prevalence of such vegetation.
+
+(f) Minimal effect; mitigation The Secretary shall exempt a person from the ineligibility provisions of section 3821 of this title for any action associated with the production of an agricultural commodity on a converted wetland, or the conversion of a wetland, if 1 or more of the following conditions apply, as determined by the Secretary:
+
+(1) The action, individually and in connection with all other similar actions authorized by the Secretary in the area, will have a minimal effect on the functional hydrological and biological value of the wetlands in the area, including the value to waterfowl and wildlife.
+
+(2) The wetland and the wetland values, acreage, and functions are mitigated by the person through the restoration of a converted wetland, the enhancement of an existing wetland, or the creation of a new wetland, and the restoration, enhancement, or creation is—
+
+(A) in accordance with a wetland conservation plan;
+
+(B) in advance of, or concurrent with, the action;
+
+(C) not at the expense of the Federal Government;
+
+(D) in the case of enhancement or restoration of wetlands, on not greater than a 1-for-1 acreage basis unless more acreage is needed to provide equivalent functions and values that will be lost as a result of the wetland conversion to be mitigated;
+
+(E) in the case of creation of wetlands, on greater than a 1-for-1 acreage basis if more acreage is needed to provide equivalent functions and values that will be lost as a result of the wetland conversion that is mitigated;
+
+(F) on lands in the same general area of the local watershed as the converted wetland; and
+
+(G) with respect to the restored, enhanced, or created wetland, made subject to an easement that—
+
+(i) is recorded on public land records;
+
+(ii) remains in force for as long as the converted wetland for which the restoration, enhancement, or creation to be mitigated remains in agricultural use or is not returned to its original wetland classification with equivalent functions and values; and
+
+(iii) prohibits making alterations to the restored, enhanced, or created wetland that lower the wetland’s functions and values.
+
+(3) The wetland was converted after December 23, 1985, but before November 28, 1990, and the wetland values, acreage, and functions are mitigated by the producer through the requirements of subparagraphs (A), (B), (C), (D), (F), and (G) of paragraph (2).
+
+(4) The action was authorized by a permit issued under section 1344 of title 33 and the wetland values, acreage, and functions of the converted wetland were adequately mitigated for the purposes of this subchapter.
+
+(g) Mitigation appeals A person shall be afforded the right to appeal, under section 3843 11 See References in Text note below. of this title, the imposition of a mitigation agreement requiring greater than one-to-one acreage mitigation to which the person is subject.
+
+(h) Good faith exemption (1) Exemption described The Secretary may waive a person’s ineligibility under section 3821 of this title for program loans, payments, and benefits as the result of the conversion of a wetland subsequent to November 28, 1990, or the production of an agricultural commodity on a converted wetland, if the Secretary determines that the person has acted in good faith and without intent to violate this subchapter.
+
+(2) Eligible reviewers A determination of the Secretary, or a designee of the Secretary, under paragraph (1) shall be reviewed by the applicable—
+
+(A) State Executive Director, with the technical concurrence of the State Conservationist; or
+
+(B) district director, with the technical concurrence of the area conservationist.
+
+(3) Period for compliance The Secretary shall provide a person who the Secretary determines has acted in good faith and without intent to violate this subchapter with a reasonable period, but not to exceed 1 year, during which to implement the measures and practices necessary to be considered to be actively restoring the subject wetland.
+
+(i) Restoration Any person who is determined to be ineligible for program benefits under section 3821 of this title for any crop year shall not be ineligible for such program benefits under such section for any subsequent crop year if, prior to the beginning of such subsequent crop year, the person has fully restored the characteristics of the converted wetland to its prior wetland state or has otherwise mitigated for the loss of wetland values, as determined by the Secretary, through the restoration, enhancement, or creation of wetland values in the same general area of the local watershed as the converted wetland.
+
+(j) Determinations; restoration and mitigation plans; monitoring activities Technical determinations, the development of restoration and mitigation plans, and monitoring activities under this section shall be made by the Natural Resources Conservation Service.
+
+(k) Mitigation banking (1) Mitigation banking program (A) In general Using authorities available to the Secretary, the Secretary shall operate a program or work with third parties to establish mitigation banks to assist persons in complying with the provisions of this section while mitigating any loss of wetland values and functions.
+
+(B) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023.
+
+(2) Applicability Subsection (f)(2)(C) shall not apply to this subsection.
+
+(3) Policy and criteria The Secretary shall develop the appropriate policy and criteria that will allow willing persons to access existing mitigation banks, under this section or any other authority, that will serve the purposes of this section without requiring the Secretary to hold an easement, in whole or in part, in a mitigation bank.
+
+(Pub. L. 99–198, title XII, § 1222, Dec. 23, 1985, 99 Stat. 1508; Pub. L. 101–624, title XIV, § 1422, Nov. 28, 1990, 104 Stat. 3573; Pub. L. 104–127, title III, § 322, Apr. 4, 1996, 110 Stat. 987; Pub. L. 110–234, title II, § 2003, May 22, 2008, 122 Stat. 1028; Pub. L. 110–246, § 4(a), title II, § 2003, June 18, 2008, 122 Stat. 1664, 1756; Pub. L. 113–79, title II, § 2609, Feb. 7, 2014, 128 Stat. 761; Pub. L. 115–334, title II, §§ 2102, 2103, 2821(b), Dec. 20, 2018, 132 Stat. 4530, 4602.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 3843 of this title, referred to in subsec. (g), was omitted and a new section 3843 was added in the general amendment of subchapter V of this chapter by Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008. The new section 3843, which did not relate to appeal procedures, was subsequently repealed by Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770.
+
+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.
+
+Amendments2018—Subsec. (c). Pub. L. 115–334, § 2102, designated existing provisions as par. (1), inserted heading, inserted “, which, except as provided in paragraph (2), shall be conducted in the presence of the affected person” before period at end, and added par. (2). Subsec. (j). Pub. L. 115–334, § 2821(b), substituted “Natural Resources Conservation Service” for “National Resources Conservation Service”. Subsec. (k)(1)(B). Pub. L. 115–334, § 2103, amended subpar. (B) generally. Prior to amendment, text read as follows: “Of the funds of the Commodity Credit Corporation, the Secretary shall use $10,000,000, to remain available until expended, to carry out this paragraph.” 2014—Subsec. (k). Pub. L. 113–79 amended subsec. (k) generally. Prior to amendment, text read as follows: “Using authorities available to the Secretary, the Secretary may operate a pilot program for mitigation banking of wetlands to assist persons to increase the efficiency of agricultural operations while protecting wetland functions and values. Subsection (f)(2)(C) of this section shall not apply to this subsection.” 2008—Subsec. (h)(2), (3). Pub. L. 110–246, § 2003, added par. (2), redesignated former par. (2) as (3), and inserted “be” before “actively”. 1996—Subsec. (a). Pub. L. 104–127, § 322(a), added subsec. (a) and struck out heading and text of former subsec. (a). Text consisted of pars. (1) to (4) relating to delineation of wetlands. Subsec. (b). Pub. L. 104–127, § 322(b), added subsec. (b) and struck out heading and text of former subsec. (b). Text consisted of pars. (1)(A) to (D) and (2)(A) and (B) relating to exemptions. Subsec. (d). Pub. L. 104–127, § 322(c), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “Section 3821 of this title shall not apply to a loan described in section 3821 of this title made before December 23, 1985.” Subsec. (f). Pub. L. 104–127, § 322(d), added subsec. (f) and struck out heading and text of former subsec. (f). Text consisted of pars. (1) to (3) relating to minimal effect and mitigation exemptions. Subsec. (g). Pub. L. 104–127, § 322(e), which directed substitution of “person” for “producer”, was executed by making the substitution in two places. Subsec. (h). Pub. L. 104–127, § 322(f), added subsec. (h) and struck out heading and text of former subsec. (h). Text consisted of pars. (1) to (3) relating to good faith exemptions to ineligibility under section 3821 of this title and graduated sanctions. Subsec. (i). Pub. L. 104–127, § 322(g), inserted before period at end “or has otherwise mitigated for the loss of wetland values, as determined by the Secretary, through the restoration, enhancement, or creation of wetland values in the same general area of the local watershed as the converted wetland”. Subsec. (j). Pub. L. 104–127, § 322(h), added subsec. (j) and struck out heading and text of former subsec. (j). Text provided that technical determinations and the development of restoration and mitigation plans be made through agreement of local representative of Soil Conservation Service and representative of the Fish and Wildlife Service and required reporting of determinations and monitoring. Subsec. (k). Pub. L. 104–127, § 322(i), added subsec. (k). 1990—Pub. L. 101–624 amended section generally, substituting present provisions for provisions relating to eligibility for program benefits in connection with production of crops on certain wetlands, making program ineligibility inapplicable to pre-Dec. 23, 1985, section 3821 loans, and providing for personal exemptions from program ineligibility for actions associated with production of commodities having minimal wetland effect.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.
+
+Effective Date of 1996 AmendmentAmendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 326 of Pub. L. 104–127, set out as a note under section 3821 of this title.

legal/us/code/title-16/chapter-58/section-3823.md

@@ -0,0 +1,45 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3823"
+description: "Affiliated persons"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3823"
+citation: "16 U.S.C. § 3823"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3823"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "071b8bb527af3586362b723b7a5a481ec6a0b38560e3fac4a0027d20b8726fb9"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "add2ccd534bb5b6b27de025c90e27a77db3dee472d97cb5cc2ffe660df9fc850"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3823 - Affiliated persons
+
+## Text
+
+If a person is affected by a reduction in benefits under section 3821 of this title and the affected person is affiliated with other persons for the purpose of receiving the benefits, the benefits of each affiliated person shall be reduced under section 3821 of this title in proportion to the interest held by the affiliated person.
+
+(Pub. L. 99–198, title XII, § 1223, as added Pub. L. 104–127, title III, § 324, Apr. 4, 1996, 110 Stat. 992.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 3823, Pub. L. 99–198, title XII, § 1223, Dec. 23, 1985, 99 Stat. 1508; Pub. L. 101–624, title XIV, § 1423, Nov. 28, 1990, 104 Stat. 3576; Pub. L. 102–237, title II, § 204(4), Dec. 13, 1991, 105 Stat. 1855, related to consultation with Secretary of the Interior, prior to repeal by Pub. L. 104–127, title III, §§ 323, 326, Apr. 4, 1996, 110 Stat. 992, effective 90 days after Apr. 4, 1996.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective 90 days after Apr. 4, 1996, see section 326 of Pub. L. 104–127, set out as an Effective Date of 1996 Amendment note under section 3821 of this title.

legal/us/code/title-16/chapter-58/section-3824.md

@@ -0,0 +1,35 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3824"
+description: "Fairness of compliance"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3824"
+citation: "16 U.S.C. § 3824"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3824"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "da47ce69f3460d3958ec3df2ecb2b34d43dae712596e8a53467e84a230c3be05"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "3717794df87767956a66fc3fc4b2a187d1f1d184f2cea69c5203205887019760"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3824 - Fairness of compliance
+
+## Text
+
+If the actions of an unrelated person or public entity, outside the control of, and without the prior approval of, the landowner or tenant result in a change in the characteristics of cropland that would cause the land to be determined to be a wetland, the affected land shall not be considered to be wetland for purposes of this subchapter.
+
+(Pub. L. 99–198, title XII, § 1224, as added Pub. L. 101–624, title XIV, § 1424, Nov. 28, 1990, 104 Stat. 3576.)

legal/us/code/title-16/chapter-58/section-3830.md

@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3830"
+description: "Repealed. Pub. L. 113–79, title II, § 2701, Feb. 7, 2014, 128 Stat. 766"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3830"
+citation: "16 U.S.C. § 3830"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3830"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "e7fcf53bdbaea489f1b44c2c62278abcfc92f77d467e6db643f6469ecd18ee74"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "f71dce35f6a21d8054c92bf61197791c5bc10406d0e476ae0e67b285426e581d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3830 - Repealed. Pub. L. 113–79, title II, § 2701, Feb. 7, 2014, 128 Stat. 766
+
+## Notes
+
+Section, Pub. L. 99–198, title XII, § 1230, as added Pub. L. 101–624, title XIV, § 1431(2), Nov. 28, 1990, 104 Stat. 3576; amended Pub. L. 103–66, title I, § 1402(a), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104–127, title III, § 331, Apr. 4, 1996, 110 Stat. 992; Pub. L. 107–171, title II, § 2006(b), May 13, 2002, 116 Stat. 237, related to comprehensive conservation enhancement program.
+
+Statutory Notes and Related Subsidiaries
+
+Conservation AssistancePub. L. 106–224, title II, § 211, June 20, 2000, 114 Stat. 406, as amended by Pub. L. 107–171, title II, § 2503(b)(1)(B), May 13, 2002, 116 Stat. 269, authorized Secretary to use $40,000,000 of funds of the Commodity Credit Corporation to provide financial assistance to farmers and ranchers to address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat; comply with Federal and State environmental laws; and make beneficial, cost-effective changes to cropping systems, grazing management, manure, nutrient, pest, or irrigation management, land uses, or other measures needed to conserve and improve soil, water, and related natural resources.
+
+Farmland Protection ProgramPub. L. 104–127, title III, § 388, Apr. 4, 1996, 110 Stat. 1020, directed Secretary of Agriculture to establish and carry out a farmland protection program, prior to repeal by Pub. L. 107–171, title II, § 2503(b)(1)(A), May 13, 2002, 116 Stat. 269. [Pub. L. 107–171, title II, § 2503(b)(2), May 13, 2002, 116 Stat. 269, provided that: “The amendment made by paragraph (1)(A) [repealing section 388 of Pub. L. 104–127, formerly set out above] shall have no effect on any contract entered into under section 388 of the Federal Agriculture Improvement and Reform Act of 1996 [Pub. L. 104–127] (16 U.S.C. 3830 note) that is in effect as of the date of enactment of this Act [May 13, 2002].” ]

legal/us/code/title-16/chapter-58/section-3830a.md

@@ -0,0 +1,33 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3830a"
+description: "Repealed. Pub. L. 107–171, title I, § 1613(j)(3), title II, § 2006(c), May 13, 2002, 116 Stat. 221, 237"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3830a"
+citation: "16 U.S.C. § 3830a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3830a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "7bb8d0a6337749cd7b6251a90e35c92dbd9df2867a7471a1a38839570afcea3c"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "8faa6a7dac7d4754d9516713055df7636c8cba8ef3c4e604fd01de5d36c0380a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3830a - Repealed. Pub. L. 107–171, title I, § 1613(j)(3), title II, § 2006(c), May 13, 2002, 116 Stat. 221, 237
+
+## Notes
+
+Section, Pub. L. 99–198, title XII, § 1230A, as added Pub. L. 106–387, § 1(a) [title VII, § 755], Oct. 28, 2000, 114 Stat. 1549, 1549A–42, related to good faith reliance.

legal/us/code/title-16/chapter-58/section-3831a.md

@@ -0,0 +1,151 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3831a"
+description: "Conservation reserve enhancement program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3831a"
+citation: "16 U.S.C. § 3831a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3831a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "b3041ca1c599b0522b2749e06c01c302f917ca9ed70c796e3837509faf88cdda"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "3b835eed11a6ba3c1faec671aa976ad806397a2db8a1d891f4da3f871b34e1d4"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3831a - Conservation reserve enhancement program
+
+## Text
+
+(a) Definitions In this section:
+
+(1) CREP The term “CREP” means a conservation reserve enhancement program carried out under subsection (b)(1).
+
+(2) Eligible land The term “eligible land” means land that is eligible to be included in the program established under this subpart.
+
+(3) Eligible partner The term “eligible partner” means—
+
+(A) a State;
+
+(B) a political subdivision of a State;
+
+(C) an Indian tribe (as defined in section 5304 of title 25); or
+
+(D) a nongovernmental organization.
+
+(4) Management The term “management” means an activity conducted by an owner or operator under a contract entered into under this subpart after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice—
+
+(A) throughout the term of the contract; and
+
+(B) consistent with the conservation plan that covers the eligible land.
+
+(b) Agreements (1) In general The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—
+
+(A) to assist in enrolling eligible land in the program established under this subpart; and
+
+(B) that the Secretary determines will advance the purposes of this subpart.
+
+(2) Contents An agreement entered into under paragraph (1) shall—
+
+(A) describe—
+
+(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;
+
+(ii) quantifiable environmental goals for addressing the concerns under clause (i);
+
+(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary;
+
+(iv) the location of eligible land to be enrolled in the project area identified under the agreement;
+
+(v) the payments to be offered by the Secretary and eligible partner to an owner or operator; and
+
+(vi) an appropriate list of conservation reserve program conservation practices that are appropriate to meeting the concerns described under clause (i), as determined by the Secretary in consultation with eligible partners;
+
+(B) subject to subparagraph (C), require the eligible partner to provide matching funds—
+
+(i) in an amount determined during a negotiation between the Secretary and 1 or more eligible partners, if the majority of the matching funds to carry out the agreement are provided by 1 or more eligible partners that are not nongovernmental organizations; or
+
+(ii) in an amount not less than 30 percent of the cost required to carry out the conservation measures and practices described in the agreement, if a majority of the matching funds to carry out the agreement are provided by 1 or more nongovernmental organizations; and
+
+(C) include procedures to allow for a temporary waiver of the matching requirements under subparagraph (B), or continued enrollment with a temporary suspension of incentives or eligible partner contributions for new agreements, during a period when an eligible partner loses the authority or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued enrollment with a temporary suspension will advance the purposes of this subpart.
+
+(3) Effect on existing agreements (A) In general Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subpart.
+
+(B) Modification of existing agreements To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before December 20, 2018, under the Conservation Reserve Enhancement Program established by the Secretary under this subpart.
+
+(c) Payments (1) Matching requirement Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance, as determined by the Secretary.
+
+(2) Marginal pastureland cost-share payments The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a CREP reflect the fair market value of the cost of installation.
+
+(3) Cost-share and practice incentive payments (A) In general On request of an owner or operator, the Secretary shall provide cost-share payments when a major component of a conservation practice is completed under a CREP, as determined by the Secretary.
+
+(B) Exemption For purposes of implementing conservation practices on land enrolled under a CREP, the Secretary may waive the contribution limitation described in section 3834(b)(2)(A) of this title.
+
+(4) Riparian buffer management payments (A) In general In the case of an agreement under subsection (b)(1) that includes riparian buffers as an eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land.
+
+(B) Limitation The amount of payments received by an owner or operator under subparagraph (A) shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under section 3861(a) of this title.
+
+(d) Forested riparian buffer practice (1) Food-producing woody plants In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible practice, the Secretary shall allow an owner or operator—
+
+(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—
+
+(i) the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and
+
+(ii) the planting shall be consistent with—
+
+(I) recommendations of the applicable State technical committee established under section 3861(a) of this title; and
+
+(II) technical guide standards of the applicable field office of the Natural Resources Conservation Service; and
+
+(B) to harvest from plants described in subparagraph (A), on the conditions that—
+
+(i) the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the CREP;
+
+(ii) only native plant species appropriate to the region shall be used within 35 feet of the watercourse; and
+
+(iii) the producer shall be subject to a reduction in the rental rate commensurate to the value of the crop harvested.
+
+(2) Technical assistance For the purpose of enrolling forested riparian buffers in a CREP, the Administrator of the Farm Service Agency shall coordinate with the applicable State forestry agency.
+
+(e) Drought and water conservation agreements In the case of an agreement under subsection (b)(1) to address regional drought concerns, in accordance with the conservation purposes of the CREP, the Secretary, in consultation with the applicable State technical committee established under section 3861(a) of this title, may—
+
+(1) notwithstanding subsection (a)(2), enroll other agricultural land on which the resource concerns identified in the agreement can be addressed if the enrollment of the land is critical to the accomplishment of the purposes of the agreement;
+
+(2) permit dryland agricultural uses with the adoption of best management practices on enrolled land if the agreement involves the significant long-term reduction of consumptive water use and dryland production is compatible with the agreement; and
+
+(3) calculate annual rental payments consistent with existing administrative practice for similar drought and water conservation agreements under this subchapter and ensure regional consistency in those rates.
+
+(f) Status report Not later than 180 days after the end of each fiscal year, the Secretary shall submit to Congress a report that describes, with respect to each agreement entered into under subsection (b)(1)—
+
+(1) the status of the agreement;
+
+(2) the purposes and objectives of the agreement;
+
+(3) the Federal and eligible partner commitments made under the agreement; and
+
+(4) the progress made in fulfilling those commitments.
+
+(Pub. L. 99–198, title XII, § 1231A, as added Pub. L. 115–334, title II, § 2202(a), Dec. 20, 2018, 132 Stat. 4534.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 3831a, Pub. L. 99–198, title XII, § 1231A, as added and amended Pub. L. 110–234, title II, § 2106(b), May 22, 2008, 122 Stat. 1032, and Pub. L. 110–246, § 4(a), title II, § 2106(b), June 18, 2008, 122 Stat. 1664, 1760, related to emergency forestry conservation reserve program, prior to repeal by Pub. L. 113–79, title II, § 2702(a), Feb. 7, 2014, 128 Stat. 766.
+
+Statutory Notes and Related Subsidiaries
+
+Repeal of Former Section 3831a; Transitional ProvisionsPub. L. 113–79, title II, § 2702, Feb. 7, 2014, 128 Stat. 766, provided that: “(a) Repeal.—Except as provided in subsection (b), section 1231A of the Food Security Act of 1985 ([former] 16 U.S.C. 3831a) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing contracts and agreements.—The amendment made by this section shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1231A of the Food Security Act of 1985 ([former] 16 U.S.C. 3831a) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract or agreement. “(2) Funding.—The Secretary [of Agriculture] may use funds made available to carry out the conservation reserve program under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) to continue to carry out contracts or agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts or agreements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”

legal/us/code/title-16/chapter-58/section-3831b.md

@@ -0,0 +1,123 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3831b"
+description: "Farmable wetland program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3831b"
+citation: "16 U.S.C. § 3831b"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3831b"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "7cd7388796f77b80e6fcda19bd9c6cde7d65594308355b02af7b8e1c706d26e2"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "1c219f03d70c72d3683be5189e046bb6de38a9728c2f44f1766f9e37a018f789"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3831b - Farmable wetland program
+
+## Text
+
+(a) Program required (1) In general During the 2008 through 2023 fiscal years, the Secretary shall carry out a farmable wetland program in each State under which the Secretary shall enroll eligible acreage described in subsection (b).
+
+(2) Participation among States The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the program established under this section.
+
+(b) Eligible acreage (1) Wetland and related land Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, land—
+
+(A) that is wetland (including a converted wetland described in section 3822(b)(1)(A) of this title) that had a cropping history during at least 3 of the immediately preceding 10 crop years;
+
+(B) on which a constructed wetland is to be developed that will receive surface and subsurface flow from row crop agricultural production and is designed to provide nitrogen removal in addition to other wetland functions;
+
+(C) that was devoted to commercial pond-raised aquaculture in any year during the period of calendar years 2002 through 2007; or
+
+(D) that, after January 1, 1990, and before December 31, 2002, was—
+
+(i) cropped during at least 3 of 10 crop years; and
+
+(ii) subject to the natural overflow of a prairie wetland.
+
+(2) Buffer acreage Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that—
+
+(A) with respect to land described in subparagraph (A), (B), or (C) of paragraph (1)—
+
+(i) is contiguous to such land;
+
+(ii) is used to protect such land; and
+
+(iii) is of such width as the Secretary determines is necessary to protect such land, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds such land; and
+
+(B) with respect to land described in subparagraph (D) of paragraph (1), enhances a wildlife benefit to the extent practicable in terms of upland to wetland ratios, as determined by the Secretary.
+
+(c) Program limitations (1) Acreage limitation The Secretary may enroll in the conservation reserve, pursuant to the program established under this section, not more than—
+
+(A) 100,000 acres in any State; and
+
+(B) a total of 750,000 acres.
+
+(2) Relationship to maximum enrollment Subject to paragraph (3), any acreage enrolled in the conservation reserve under this section shall be considered acres maintained in the conservation reserve.
+
+(3) Relationship to other enrolled acreage Acreage enrolled in the conservation reserve under this section shall not affect for any fiscal year the quantity of—
+
+(A) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or
+
+(B) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).
+
+(4) Review; potential increase in enrollment acreage The Secretary shall conduct a review of the program established under this section with respect to each State that has enrolled land in the conservation reserve pursuant to the program. As a result of the review, the Secretary may increase the number of acres that may be enrolled in a State under the program to not more than 200,000 acres, notwithstanding paragraph (1)(A).
+
+(d) Owner or operator enrollment limitations (1) Wetland and related land (A) Wetlands and constructed wetlands The maximum size of any land described in subparagraph (A) or (B) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 40 contiguous acres.
+
+(B) Flooded farmland The maximum size of any land described in subparagraph (D) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 20 contiguous acres.
+
+(C) Coverage All acres described in subparagraph (A) or (B), including acres that are ineligible for payment, shall be covered by the conservation contract.
+
+(2) Buffer acreage The maximum size of any buffer acreage described in subsection (b)(2) that an owner or operator may enroll in the conservation reserve under this section shall be determined by the Secretary in consultation with the State Technical Committee.
+
+(3) Tracts Except for land described in subsection (b)(1)(C) and buffer acreage related to such land, the maximum size of any eligible acreage described in subsection (b)(1) in a tract of an owner or operator enrolled in the conservation reserve under this section shall be 40 acres.
+
+(e) Duties of owners and operators During the term of a contract entered into under the program established under this section, an owner or operator shall agree—
+
+(1) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary;
+
+(2) to establish vegetative cover (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species) on the eligible acreage, as determined by the Secretary;
+
+(3) to a general prohibition of commercial use of the enrolled land; and
+
+(4) to carry out other duties described in section 3832 of this title.
+
+(f) Duties of the Secretary (1) In general Except as provided in paragraphs (2) and (3), in return for a contract entered into under this section, the Secretary shall—
+
+(A) make payments to the owner or operator based on rental rates for cropland; and
+
+(B) provide assistance to the owner or operator in accordance with sections 3833 and 3834 of this title.
+
+(2) Contract offers and payments The Secretary shall use the method of determination described in section 3834(d) of this title to determine the acceptability of contract offers and the amount of rental payments under this section.
+
+(3) Incentives The amounts payable to owners and operators in the form of rental payments under contracts entered into under this section shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under section 3834 of this title.
+
+(Pub. L. 99–198, title XII, § 1231B, as added Pub. L. 110–234, title II, § 2106(a)(1), May 22, 2008, 122 Stat. 1029, and Pub. L. 110–246, § 4(a), title II, § 2106(a)(1), June 18, 2008, 122 Stat. 1664, 1757; amended Pub. L. 113–79, title II, § 2002, Feb. 7, 2014, 128 Stat. 714; Pub. L. 115–334, title II, §§ 2203, 2821(c), Dec. 20, 2018, 132 Stat. 4538, 4603.)
+
+## Notes
+
+Editorial Notes
+
+Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
+
+Prior ProvisionsProvisions similar to those comprising this section were contained in section 3831(h) of this title prior to repeal by Pub. L. 110–246.
+
+Amendments2018—Subsec. (a)(1). Pub. L. 115–334, § 2203(1), substituted “2023” for “2018”. Subsec. (b)(2)(A)(i). Pub. L. 115–334, § 2821(c), inserted semicolon at end. Subsec. (f)(2). Pub. L. 115–334, § 2203(2), substituted “3834(d)” for “3834(d)(2)(A)(ii)”. 2014—Pub. L. 113–79, § 2002(d)(1), substituted “Farmable wetland program” for “Pilot program for enrollment of wetland and buffer acreage in conservation reserve” in section catchline. Subsec. (a)(1). Pub. L. 113–79, § 2002(a), substituted “2018” for “2012” and “a farmable wetland program” for “a program”. Subsec. (b)(1)(B). Pub. L. 113–79, § 2002(b), substituted “surface and subsurface flow from row crop agricultural production” for “flow from a row crop agriculture drainage system”. Subsec. (c)(1)(B). Pub. L. 113–79, § 2002(c), substituted “750,000” for “1,000,000”. Subsec. (f)(2). Pub. L. 113–79, § 2002(d)(2), substituted “section 3834(d)(2)(A)(ii)” for “section 3834(c)(2)(B)”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateEnactment 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 a note under section 8701 of Title 7, Agriculture.

legal/us/code/title-16/chapter-58/section-3831c.md

@@ -0,0 +1,207 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3831c"
+description: "Pilot programs"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3831c"
+citation: "16 U.S.C. § 3831c"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3831c"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "191a35d366ce4dd7eb2938d71d343803c65ee7b792b8599f804978c5d8c00114"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "81ca1300036790c0dbea57a42e666f04618828c1c600687fa184833a64ad3388"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3831c - Pilot programs
+
+## Text
+
+(a) CLEAR 30 (1) In general (A) Enrollment The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a “CLEAR 30 contract”) in accordance with this subsection.
+
+(B) Inclusion of acreage limitation For purposes of applying the limitations in section 3831(d)(1) of this title, the Secretary shall include acres of land enrolled under this subsection.
+
+(2) Expired conservation contract election (A) Definition of covered contract In this paragraph, the term “covered contract” means a contract entered into under this subpart that—
+
+(i) expires on or after December 20, 2018; and
+
+(ii) covers land enrolled in the conservation reserve program under the clean lakes, estuaries, and rivers priority described in section 3831(d)(3) of this title (or the predecessor practices that constitute the priority, as determined by the Secretary).
+
+(B) Election On the expiration of a covered contract, an owner or operator party to the covered contract shall elect—
+
+(i) not to reenroll the land under the contract;
+
+(ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or
+
+(iii) not to reenroll the land under the contract and to enroll that land through a CLEAR 30 contract under this subsection.
+
+(3) Eligible land Only land that is subject to an expired covered contract shall be eligible for enrollment through a CLEAR 30 contract under this subsection.
+
+(4) Term The term of a CLEAR 30 contract shall be 30 years.
+
+(5) Agreements To be eligible to enroll land in the conservation reserve program through a CLEAR 30 contract, the owner of the land shall enter into an agreement with the Secretary—
+
+(A) to implement a conservation reserve plan developed for the land;
+
+(B) to comply with the terms and conditions of the contract and any related agreements; and
+
+(C) to temporarily suspend the base history for the land covered by the contract.
+
+(6) Terms and conditions of CLEAR 30 contracts (A) In general A CLEAR 30 contract shall include terms and conditions that—
+
+(i) permit—
+
+(I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and
+
+(II) owners to control public access on the land while identifying access routes to be used for restoration activities and management and contract monitoring;
+
+(ii) prohibit—
+
+(I) the alteration of wildlife habitat and other natural features of the land, unless specifically authorized by the Secretary as part of the conservation reserve plan;
+
+(II) the spraying of the land with chemicals or the mowing of the land, except where the spraying or mowing is authorized by the Secretary or is necessary—
+
+(aa) to comply with Federal or State noxious weed control laws;
+
+(bb) to comply with a Federal or State emergency pest treatment program; or
+
+(cc) to meet habitat needs of specific wildlife species;
+
+(III) any activity to be carried out on the land of the owner or successor that is immediately adjacent to, and functionally related to, the land that is subject to the contract if the activity will alter, degrade, or otherwise diminish the functional value of the land; and
+
+(IV) the adoption of any other practice that would tend to defeat the purposes of the conservation reserve program, as determined by the Secretary; and
+
+(iii) include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this section.
+
+(B) Violation On the violation of a term or condition of a CLEAR 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary.
+
+(C) Compatible uses Land subject to a CLEAR 30 contract may be used for compatible economic uses, including hunting and fishing, managed timber harvest, or periodic haying or grazing, if the use—
+
+(i) is specifically permitted by the conservation reserve plan developed for the land; and
+
+(ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established.
+
+(7) Compensation (A) Amount of payments The Secretary shall provide payment under this subsection to an owner of land enrolled through a CLEAR 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under section 3831(d)(3) of this title.
+
+(B) Form of payment Compensation for a CLEAR 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A).
+
+(C) Timing The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year.
+
+(D) Payments to others The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section—
+
+(i) dies;
+
+(ii) becomes incompetent;
+
+(iii) is succeeded by another person or entity who renders or completes the required performance; or
+
+(iv) is otherwise unable to receive the payment.
+
+(8) Technical assistance (A) In general The Secretary shall assist owners in complying with the terms and conditions of a CLEAR 30 contract.
+
+(B) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a CLEAR 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program.
+
+(9) Administration (A) Conservation reserve plan The Secretary shall develop a conservation reserve plan for any land subject to a CLEAR 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land.
+
+(B) Delegation of contract administration (i) Federal, State, or local government agencies The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities.
+
+(ii) Conservation organizations The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources.
+
+(b) Soil health and income protection pilot program (1) Definition of eligible land In this subsection:
+
+(A) In general The term “eligible land” means cropland that—
+
+(i) is selected by the owner or operator of the land for proposed enrollment in the pilot program under this subsection; and
+
+(ii) as determined by the Secretary—
+
+(I) is located within 1 or more States that are part of the prairie pothole region, as selected by the Secretary based on consultation with State Committees of the Farm Service Agency and State technical committees established under section 3861(a) of this title from that region;
+
+(II) had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment; and
+
+(III) is verified to be less-productive land, as compared to other land on the applicable farm.
+
+(B) Exclusion The term “eligible land” does not include any land that was enrolled in a conservation reserve program contract in any of the 3 crop years preceding enrollment in the pilot program under this subsection.
+
+(2) Establishment (A) In general The Secretary shall establish a voluntary soil health and income protection pilot program under which eligible land is enrolled through the use of contracts to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.
+
+(B) Deadline for participation Eligible land may be enrolled in the program under this section through December 31, 2020.11 See Soil Health and Income Protection Pilot Program Extension note below.
+
+(3) Contracts (A) Requirements A contract described in paragraph (2) shall—
+
+(i) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and
+
+(ii) provide that, during the term of the contract—
+
+(I) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land;
+
+(II) except as provided in subparagraph (E), the owner or operator of the eligible land shall pay the cost of planting the conserving use cover crop under subclause (I);
+
+(III) subject to subparagraph (F), the eligible land may be harvested for seed, hayed, or grazed outside the primary nesting season established for the applicable county;
+
+(IV) the eligible land may be eligible for a walk-in access program of the applicable State, if any; and
+
+(V) a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover.
+
+(B) Payments Except as provided in subparagraphs (E) and (F)(ii)(II), the annual rental rate for a payment under a contract described in paragraph (2) shall be equal to 50 percent of the average rental rate for the applicable county under section 3834(d) of this title, as determined by the Secretary.
+
+(C) Limitation on enrolled land Not more than 15 percent of the eligible land on a farm may be enrolled in the pilot program under this subsection.
+
+(D) Term (i) In general Except as provided in clause (ii), each contract described in paragraph (2) shall be for a term of 3, 4, or 5 years, as determined by the parties to the contract.
+
+(ii) Early termination (I) Secretary The Secretary may terminate a contract described in paragraph (2) before the end of the term described in clause (i) if the Secretary determines that the early termination of the contract is necessary.
+
+(II) Owners and operators An owner and (if applicable) an operator of eligible land enrolled in the pilot program under this subsection may terminate a contract described in paragraph (2) before the end of the term described in clause (i) if the owner and (if applicable) the operator pay to the Secretary an amount equal to the amount of rental payments received under the contract.
+
+(E) Beginning, limited resource, socially disadvantaged, or veteran farmers and ranchers With respect to a beginning, limited resource, socially disadvantaged, or veteran farmer or rancher, as determined by the Secretary—
+
+(i) a contract described in paragraph (2) shall provide that, during the term of the contract, of the actual cost of establishment of the conserving use cover crop under subparagraph (A)(ii)(I)—
+
+(I) using the funds of the Commodity Credit Corporation, the Secretary shall pay 50 percent; and
+
+(II) the beginning, limited resource, socially disadvantaged, or veteran farmer or rancher shall pay 50 percent; and
+
+(ii) the annual rental rate for a payment under a contract described in paragraph (2) shall be equal to 75 percent of the average rental rate for the applicable county under section 3834(d) of this title, as determined by the Secretary.
+
+(F) Harvesting, haying, and grazing outside applicable period The harvesting for seed, haying, or grazing of eligible land under subparagraph (A)(ii)(III) outside of the primary nesting season established for the applicable county shall be subject to the conditions that—
+
+(i) with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and
+
+(ii) with respect to eligible land that is so harvested for seed—
+
+(I) the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
+
+(II) the rental payment otherwise applicable to the eligible land under this subsection shall be reduced by 25 percent.
+
+(4) Acreage limitation Of the number of acres available for enrollment in the conservation reserve under section 3831(d)(1) of this title, not more than 50,000 total acres of eligible land may be enrolled under the pilot program under this subsection.
+
+(5) Report 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 an annual report describing the eligible land enrolled in the pilot program under this subsection, including—
+
+(A) the estimated conservation value of the land; and
+
+(B) estimated savings from reduced commodity payments, crop insurance indemnities, and crop insurance premium subsidies.
+
+(Pub. L. 99–198, title XII, § 1231C, as added Pub. L. 115–334, title II, § 2204, Dec. 20, 2018, 132 Stat. 4538.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Federal Crop Insurance Act, referred to in subsec. (b)(3)(F)(ii)(I), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables.
+
+Statutory Notes and Related Subsidiaries
+
+Soil Health and Income Protection Pilot Program ExtensionPub. L. 116–260, div. O, title V, § 501, Dec. 27, 2020, 134 Stat. 2149, provided that: “Section 1231C(b)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3831c(b)(2)(B)) shall be applied by substituting ‘September 30, 2021’ for ‘December 31, 2020’.”

legal/us/code/title-16/chapter-58/section-3832.md

@@ -0,0 +1,109 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3832"
+description: "Duties of owners and operators"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3832"
+citation: "16 U.S.C. § 3832"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3832"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "18f91372c707350e7993fe3ffc41e1c9fef0991acd97e0b1f03330f617b90130"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "d112623a3220d82b70d956c0f519f79401876c339d11d93323c28b988a040815"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3832 - Duties of owners and operators
+
+## Text
+
+(a) In general Under the terms of a contract entered into under this subpart, during the term of the contract, an owner or operator of a farm or ranch shall agree—
+
+(1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting eligible land normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass, legumes, forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan;
+
+(2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subpart;
+
+(3) not to use the land for agricultural purposes, except as permitted by the Secretary;
+
+(4) to establish approved vegetative cover (which may include emerging vegetation in water), water cover for the enhancement of wildlife, or, where practicable, maintain existing cover on the land, except that—
+
+(A) the water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes; and
+
+(B) the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if—
+
+(i) the failure to plant the cover was due to excessive rainfall or flooding;
+
+(ii) the land subject to the contract that could practicably be planted to the cover is planted to the cover; and
+
+(iii) the land on which the owner or operator was unable to plant the cover is planted to the cover after the wet conditions that prevented the planting subsides;
+
+(5) to undertake management on the land as needed throughout the term of the contract to implement the conservation plan;
+
+(6) on a violation of a term or condition of the contract at any time the owner or operator has control of the land—
+
+(A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest on the payments as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Natural Resources Conservation Service, determines that the violation is of such nature as to warrant termination of the contract; or
+
+(B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that the violation does not warrant termination of the contract;
+
+(7) on the transfer of the right and interest of the owner or operator in land subject to the contract—
+
+(A) to forfeit all rights to rental payments and cost sharing payments under the contract; and
+
+(B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this subpart;
+
+unless the transferee of the land agrees with the Secretary to assume all obligations of the contract, except that no refund of rental payments and cost sharing payments shall be required if the land is purchased by or for the United States Fish and Wildlife Service, or the transferee and the Secretary agree to modifications to the contract, in a case in which the modifications are consistent with the objectives of the program, as determined by the Secretary;
+
+(8) not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except as provided in subsection (b) or (c) of section 3833 of this title;
+
+(9) not to conduct any planting of trees on land that is subject to the contract unless the contract specifies that the harvesting and commercial sale of trees such as Christmas trees are prohibited, nor otherwise make commercial use of trees on land that is subject to the contract unless it is expressly permitted in the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that no contract shall prohibit activities consistent with customary forestry practice, such as pruning, thinning, or stand improvement of trees, on land converted to forestry use;
+
+(10) on land devoted to hardwood or other trees, excluding windbreaks and shelterbelts, to carry out proper thinning and other practices—
+
+(A) to enhance the conservation benefits and wildlife habitat resources addressed by the conservation practice under which the land is enrolled; and
+
+(B) to promote forest management;
+
+(11) not to adopt any practice specified by the Secretary in the contract as a practice that would tend to defeat the purposes of this subpart; and
+
+(12) to comply with such additional provisions as the Secretary determines are desirable and are included in the contract to carry out this subpart or to facilitate the practical administration of this subpart.
+
+(b) Conservation plans The plan referred to in subsection (a)(1) shall set forth—
+
+(1) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and
+
+(2) the commercial use, if any, to be permitted on the land during the term.
+
+(c) Foreclosure (1) In general Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subpart may not be required to make repayments to the Secretary of amounts received under the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment.
+
+(2) Resumption of control (A) In general This subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract.
+
+(B) Contract On the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.
+
+(Pub. L. 99–198, title XII, § 1232, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 242; amended Pub. L. 108–7, div. N, title II, § 212, Feb. 20, 2003, 117 Stat. 545; Pub. L. 110–234, title II, §§ 2107, 2108, May 22, 2008, 122 Stat. 1032, 1033; Pub. L. 110–246, § 4(a), title II, §§ 2107, 2108, June 18, 2008, 122 Stat. 1664, 1760, 1761; Pub. L. 113–79, title II, § 2003, Feb. 7, 2014, 128 Stat. 715; Pub. L. 115–334, title II, § 2205, Dec. 20, 2018, 132 Stat. 4543.)
+
+## Notes
+
+Editorial Notes
+
+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 ProvisionsA prior section 3832, Pub. L. 99–198, title XII, § 1232, Dec. 23, 1985, 99 Stat. 1509; Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1919; Pub. L. 101–624, title XIV, §§ 1433, 1447(a), Nov. 28, 1990, 104 Stat. 3579, 3605; Pub. L. 102–237, title II, § 204(5), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 102–552, title V, § 516(a), Oct. 28, 1992, 106 Stat. 4136; Pub. L. 104–127, title III, § 332(a)(2), Apr. 4, 1996, 110 Stat. 994; Pub. L. 106–78, title VII, §§ 763, 769, Oct. 22, 1999, 113 Stat. 1173, 1174; Pub. L. 106–387, § 1(a) [title VIII, § 817, title XI, § 1103], Oct. 28, 2000, 114 Stat. 1549, 1549A–58, 1549A–77; Pub. L. 107–76, title VII, §§ 758(b), 759(b)(2), Nov. 28, 2001, 115 Stat. 741, related to duties of owners and operators, prior to the general amendment of this subpart by Pub. L. 107–171.
+
+Amendments2018—Subsec. (a)(10) to (12). Pub. L. 115–334 added par. (10) and redesignated former pars. (10) and (11) as (11) and (12), respectively. 2014—Subsec. (a)(8). Pub. L. 113–79, § 2003(a), substituted “except as provided in subsection (b) or (c) of section 3833 of this title;” for “except that the Secretary may permit, consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during nesting seasons for birds in the area)—” and struck out subpars. (A) to (D), which related to managed harvesting, commercial use in response to an emergency, grazing for the control of invasive species, and the installation of wind turbines, respectively. Subsec. (b). Pub. L. 113–79, § 2003(b), amended subsec. (b) generally. Prior to amendment, text read as follows: “The plan referred to in subsection (a)(1) of this section— “(1) shall set forth— “(A) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and “(B) the commercial use, if any, to be permitted on the land during the term; and “(2) may provide for the permanent retirement of any existing cropland base and allotment history for the land.” Subsec. (d). Pub. L. 113–79, § 2003(c), struck out subsec. (d). Text read as follows: “In the case of an authorized activity under subsection (a)(8) on land that is subject to a contract under this subpart, the Secretary shall reduce the rental payment otherwise payable under the contract by an amount commensurate with the economic value of the authorized activity.” 2008—Subsec. (a)(5) to (7). Pub. L. 110–246, § 2107, added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). Subsec. (a)(8). Pub. L. 110–246, § 2108(a), added par. (8) and struck out former par. (8) which related to prohibition against harvesting, grazing, or other commercial use of the forage, with exception authorizing Secretary to permit managed harvesting and grazing if appropriate requirements were developed and timeframes identified or in a drought or other emergency, and exception for the installation of wind turbines. Pub. L. 110–246, § 2107(1), redesignated par. (7) as (8). Former par. (8) redesignated (9). Subsec. (a)(9) to (11). Pub. L. 110–246, § 2107(1), redesignated pars. (8) to (10) as (9) to (11), respectively. Subsec. (d). Pub. L. 110–246, § 2108(b), added subsec. (d). 2003—Subsec. (a)(7)(A)(iii). Pub. L. 108–7 inserted before semicolon “, except that this clause shall not apply to the 2002 calendar year, and the Secretary shall repay the owner or operator (in a manner determined by the Secretary) for any reduction in rental payments made to the owner or operator as the result of the application of this clause to the 2002 calendar year”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3833.md

@@ -0,0 +1,145 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3833"
+description: "Duties of the Secretary"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3833"
+citation: "16 U.S.C. § 3833"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3833"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "29c5898a3432dc167ee627f4169acadbcf91c9108ece46381a7a7f47759cc5e3"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "3759c98f31e471b1d48145e65c3c44a1f78b6e17f7090c5de33820e3d3f638a1"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3833 - Duties of the Secretary
+
+## Text
+
+(a) Cost-share and rental payments In return for a contract entered into by an owner or operator under the conservation reserve program, the Secretary shall—
+
+(1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest, including the cost of fencing and other water distribution practices, if applicable; and
+
+(2) for a period of years not in excess of the term of the contract, pay an annual rental payment, in accordance with section 3834(d) of this title, for—
+
+(A) the conversion of highly erodible cropland, marginal pastureland, or other eligible lands normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; or
+
+(B) the development and management of grasslands for multiple natural resource conservation benefits, including to soil, water, air, and wildlife.
+
+(b) Specified activities permitted (1) In general The Secretary, in coordination with the applicable State technical committee established under section 3861(a) of this title, shall permit certain activities or commercial uses of established cover on land that is subject to a contract under the conservation reserve program if—
+
+(A) those activities or uses—
+
+(i) are consistent with the conservation of soil, water quality, and wildlife habitat;
+
+(ii) are subject to appropriate restrictions during the primary nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law;
+
+(iii) contribute to the health and vigor of the established cover; and
+
+(iv) are consistent with a site-specific plan, including vegetative management requirements, stocking rates, and frequency and duration of activity, taking into consideration regional differences, such as climate, soil type, and natural resources; and
+
+(B) the Secretary, in coordination with the State technical committee, includes contract modifications—
+
+(i) without any reduction in the rental rate for—
+
+(I) emergency haying, emergency grazing, or other emergency use of the forage in response to a localized or regional drought, flooding, wildfire, or other emergency, on all practices, outside the primary nesting season, when—
+
+(aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor;
+
+(bb) there is at least a 40 percent loss in forage production in the county; or
+
+(cc) the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover;
+
+(II) emergency grazing on all practices during the primary nesting season if payments are authorized for a county under the livestock forage disaster program under clause (ii) of section 9081(c)(3)(D) of title 7, at 50 percent of the normal carrying capacity determined under clause (i) of that section, adjusted to the site-specific plan;
+
+(III) emergency haying on certain practices, outside the primary nesting season, if payments are authorized for a county under the livestock forage disaster program under clause (ii) of section 9081(c)(3)(D) of title 7, on not more than 50 percent of contract acres, as identified in the site-specific plan;
+
+(IV) grazing of all practices, outside the primary nesting season, if included as a mid-contract management practice under section 3832(a)(5) of this title;
+
+(V) the intermittent and seasonal use of vegetative buffer established under paragraphs (4) and (5) of section 3831(b) of this title that are incidental to agricultural production on land adjacent to the buffer such that the permitted use—
+
+(aa) does not destroy the permanent vegetative cover; and
+
+(bb) retains suitable vegetative structure for wildlife cover and shelter outside the primary nesting season; or
+
+(VI) grazing on all practices, outside the primary nesting season, if conducted by a beginning farmer or rancher; or
+
+(ii) with a 25 percent reduction in the annual rental rate for the acres covered by the authorized activity, including—
+
+(I) grazing not more frequently than every other year on the same land, except that during the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate specified in the site-specific plan;
+
+(II) grazing of all practices during the primary nesting season, with a 50 percent reduction in the stocking rate specified in the site-specific plan;
+
+(III) haying and other commercial use (including the managed harvesting of biomass and excluding the harvesting of vegetative cover), on the condition that the activity—
+
+(aa) is completed outside the primary nesting season;
+
+(bb) occurs not more than once every 3 years; and
+
+(cc) maintains 25 percent of the total contract acres unharvested, in accordance with a site-specific plan that provides for wildlife cover and shelter;
+
+(IV) annual grazing outside the primary nesting season if consistent with a site-specific plan that is authorized for the control of invasive species; and
+
+(V) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account—
+
+(aa) the location, size, and other physical characteristics of the land;
+
+(bb) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and
+
+(cc) the purposes of the conservation reserve program under this subpart.
+
+(2) Conditions on haying and grazing (A) In general The Secretary may permit haying or grazing in accordance with paragraph (1) on any land or practice subject to a contract under the conservation reserve program.
+
+(B) Exceptions (i) Damage to vegetative cover Haying or grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, if haying or grazing for that year under that practice, as applicable, would cause long-term damage to vegetative cover on that land.
+
+(ii) Special agreements (I) In general Except as provided in subclause (II), haying or grazing described in paragraph (1) shall not be permitted on—
+
+(aa) land covered by a contract enrolled under the State acres for wildlife enhancement program established by the Secretary; or
+
+(bb) land covered by a contract enrolled under a conservation reserve enhancement program established under section 3831a of this title or the Conservation Reserve Enhancement Program established by the Secretary under this subpart.
+
+(II) Exception Subclause (I) shall not apply to land on which haying or grazing is specifically permitted under the applicable conservation reserve enhancement program agreement or other partnership agreement entered into under this subpart.
+
+(c) Authorized activities on grasslands For eligible land described in section 3831(b)(3) of this title, the Secretary shall permit the following activities:
+
+(1) Common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality.
+
+(2) Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law, as determined by the Secretary in consultation with the State technical committee.
+
+(3) Fire presuppression, fire-related rehabilitation, and construction of fire breaks.
+
+(4) Grazing-related activities, such as fencing and livestock watering.
+
+(d) Resource conserving use (1) In general Beginning on the date that is 1 year before the date of termination of a contract under the program, the Secretary shall allow an owner or operator to make conservation and land improvements for economic use that facilitate maintaining protection of enrolled land after expiration of the contract.
+
+(2) Conservation plan The Secretary shall require an owner or operator carrying out the activities described in paragraph (1) to develop and implement a conservation plan.
+
+(3) Re-enrollment prohibited Land improved under paragraph (1) may not be re-enrolled in the conservation reserve program for 5 years after the date of termination of the contract.
+
+(4) Payment reduction In the case of an activity carried out under paragraph (1), the Secretary shall reduce the payment otherwise payable under the contract by an amount commensurate with the economic value of the activity.
+
+(e) Natural disaster or adverse weather as mid-contract management In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require further management practices pursuant to section 3832(a)(5) of this title that are intended to achieve the same effect.
+
+(Pub. L. 99–198, title XII, § 1233, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 245; amended Pub. L. 113–79, title II, § 2004, Feb. 7, 2014, 128 Stat. 715; Pub. L. 115–334, title II, § 2206, Dec. 20, 2018, 132 Stat. 4543.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 3833, Pub. L. 99–198, title XII, § 1233, Dec. 23, 1985, 99 Stat. 1511, related to duties of Secretary, prior to the general amendment of this subpart by Pub. L. 107–171.
+
+Amendments2018—Subsec. (a)(1). Pub. L. 115–334, § 2206(a)(1), inserted “, including the cost of fencing and other water distribution practices, if applicable” after “in the public interest”. Subsec. (a)(2). Pub. L. 115–334, § 2206(a)(2)(A), substituted “, in accordance with section 3834(d) of this title,” for “in an amount necessary to compensate” in introductory provisions. Subsec. (a)(2)(A). Pub. L. 115–334, § 2206(a)(2)(B) inserted “, marginal pastureland,” after “cropland” and “or” at end. Subsec. (a)(2)(B), (C). Pub. L. 115–334, § 2206(a)(2)(C), (D), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “the retirement of any base history that the owner or operator agrees to retire permanently; and”. Subsec. (b). Pub. L. 115–334, § 2206(b), added subsec. (b) and struck out former subsec. (b) which described certain activities or commercial uses that would be permitted on land subject to a contract under the conservation reserve program. Subsec. (e). Pub. L. 115–334, § 2206(c), added subsec. (e). 2014—Pub. L. 113–79 amended section generally. Prior to amendment, section also related to duties of the Secretary.

legal/us/code/title-16/chapter-58/section-3835.md

@@ -0,0 +1,187 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3835"
+description: "Contracts"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3835"
+citation: "16 U.S.C. § 3835"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3835"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "69db1cd621677ea350f1bdd7d302e7cab4226a3a7fcd01ae7924bc8679d46d59"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "04573e6ecf3d80f73594f45fbc76da8e8c98b83d469edfd0a13415b7ef80b9c6"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3835 - Contracts
+
+## Text
+
+(a) Ownership or operation requirements (1) In general Except as provided in paragraph (2), no contract shall be entered into under this subpart concerning land with respect to which the ownership has changed in the 1-year period preceding the first year of the contract period unless—
+
+(A) the new ownership was acquired by will or succession as a result of the death of the previous owner;
+
+(B) the new ownership was acquired before January 1, 1985;
+
+(C) the Secretary determines that the land was acquired under circumstances that give adequate assurance that the land was not acquired for the purpose of placing the land in the program established by this subpart; or
+
+(D) the ownership change occurred due to foreclosure on the land and the owner of the land immediately before the foreclosure exercises a right of redemption from the mortgage holder in accordance with State law.
+
+(2) Exceptions Paragraph (1) shall not—
+
+(A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this subpart; or
+
+(B) require a person to own the land as a condition of eligibility for entering into the contract if the person—
+
+(i) has operated the land to be covered by a contract under this section for at least 1 year preceding the date of the contract or since January 1, 1985, whichever is later; and
+
+(ii) controls the land for the contract period.
+
+(b) Sales or transfers If, during the term of a contract entered into under this subpart, an owner or operator of land subject to the contract sells or otherwise transfers the ownership or right of occupancy of the land, the new owner or operator of the land may—
+
+(1) continue the contract under the same terms or conditions;
+
+(2) enter into a new contract in accordance with this subpart; or
+
+(3) elect not to participate in the program established by this subpart.
+
+(c) Modifications (1) In general The Secretary may modify a contract entered into with an owner or operator under this subpart if—
+
+(A) the owner or operator agrees to the modification; and
+
+(B) the Secretary determines that the modification is desirable—
+
+(i) to carry out this subpart;
+
+(ii) to facilitate the practical administration of this subpart;
+
+(iii) to facilitate a transition of land subject to the contract from a retired or retiring owner or operator to a beginning farmer or rancher or socially disadvantaged farmer or rancher for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods; or
+
+(iv) to achieve such other goals as the Secretary determines are appropriate, consistent with this subpart.
+
+(2) Production of agricultural commodities The Secretary may modify or waive a term or condition of a contract entered into under this subpart in order to permit all or part of the land subject to such contract to be devoted to the production of an agricultural commodity during a crop year, subject to such conditions as the Secretary determines are appropriate.
+
+(d) Termination (1) In general The Secretary may terminate a contract entered into with an owner or operator under this subpart if—
+
+(A) the owner or operator agrees to the termination; and
+
+(B) the Secretary determines that the termination would be in the public interest.
+
+(2) Notice to congressional committees At least 90 days before taking any action to terminate under paragraph (1) all conservation reserve contracts entered into under this subpart, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate written notice of the action.
+
+(e) Early termination by owner or operator (1) Early termination (A) In general During fiscal year 2015, the Secretary shall allow a participant that entered into a contract under this subpart to terminate the contract at any time if the contract has been in effect for at least 5 years.
+
+(B) Liability for contract violation The termination shall not relieve the participant of liability for a contract violation occurring before the date of the termination.
+
+(C) Notice to Secretary The participant shall provide the Secretary with reasonable notice of the desire of the participant to terminate the contract.
+
+(2) Certain land excepted The following land shall not be subject to an early termination of contract under this subsection:
+
+(A) Filterstrips, waterways, strips adjacent to riparian areas, windbreaks, and shelterbelts.
+
+(B) Land with an erodibility index of more than 15.
+
+(C) Land devoted to hardwood trees.
+
+(D) Wildlife habitat, duck nesting habitat, pollinator habitat, upland bird habitat buffer, wildlife food plots, State acres for wildlife enhancement, shallow water areas for wildlife, and rare and declining habitat.
+
+(E) Farmable wetland and restored wetland.
+
+(F) Land that contains diversions, erosion control structures, flood control structures, contour grass strips, living snow fences, salinity reducing vegetation, cross wind trap strips, and sediment retention structures.
+
+(G) Land located within a federally designated wellhead protection area.
+
+(H) Land that is covered by an easement under the conservation reserve program.
+
+(I) Land located within an average width, according to the applicable Natural Resources Conservation Service field office technical guide, of a perennial stream or permanent water body.
+
+(J) Land enrolled under the conservation reserve enhancement program.
+
+(3) Effective date The contract termination shall become effective upon approval by the Secretary.
+
+(4) Prorated rental payment If a contract entered into under this subpart is terminated under this subsection before the end of the fiscal year for which a rental payment is due, the Secretary shall provide a prorated rental payment covering the portion of the fiscal year during which the contract was in effect.
+
+(5) Renewed enrollment The termination of a contract entered into under this subpart shall not affect the ability of the owner or operator that requested the termination to submit a subsequent bid to enroll the land that was subject to the contract into the conservation reserve.
+
+(6) Conservation requirements If land that was subject to a contract is returned to production of an agricultural commodity, the conservation requirements under subchapters II and III shall apply to the use of the land to the extent that the requirements are similar to those requirements imposed on other similar land in the area, except that the requirements may not be more onerous than the requirements imposed on other land.
+
+(f) Transition option for certain farmers or ranchers (1) Transition to covered farmer or rancher In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a contract holder to a beginning farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) 11 See References in Text note below. of title 7), or a socially disadvantaged farmer or rancher (in this subsection referred to as a “covered farmer or rancher”), the Secretary shall—
+
+(A) beginning on the date that is 2 years before the date of termination of the contract—
+
+(i) allow the covered farmer or rancher, in conjunction with the contract holder, to make conservation and land improvements, including preparing to plant an agricultural crop; and
+
+(ii) allow the covered farmer or rancher to begin the certification process under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.);
+
+(B) beginning on the date of termination of the contract, require the contract holder to sell or lease (under a long-term lease or a lease with an option to purchase, including a lease with a term of less than 5 years and an option to purchase) to the covered farmer or rancher the land subject to the contract for production purposes;
+
+(C) require the covered farmer or rancher to develop and implement a conservation plan;
+
+(D) provide to the covered farmer or rancher an opportunity to enroll in the conservation stewardship program or the environmental quality incentives program by not later than the date on which the covered farmer or rancher takes possession of the land through ownership or lease;
+
+(E) give priority to the enrollment of the land covered by the contract in—
+
+(i) the environmental quality incentives program established under subpart A of part IV;
+
+(ii) the conservation stewardship program established under subpart B of part IV; or
+
+(iii) the agricultural conservation easement program established under subchapter VII; and
+
+(F) continue to make annual payments to the contract holder for not more than an additional 2 years after the date of termination of the contract, if the contract holder is not a family member (as defined in section 1308 of title 7) of the covered farmer or rancher.
+
+(2) Reenrollment To the extent that the maximum number of acres permitted to be enrolled under the conservation reserve program has not been met, the Secretary shall provide a covered farmer or rancher with the option to reenroll any applicable partial field conservation practice that—
+
+(A) (i) is carried out on land described in paragraph (4) or (5) of section 3831(b) of this title; and
+
+(ii) is eligible for continuous enrollment under section 3831(d)(6) of this title; and
+
+(B) is part of an approved conservation plan.
+
+(g) End of contract considerations The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if—
+
+(1) during the year prior to expiration of the contract, the owner or operator—
+
+(A) (i) enters into a contract under the environmental quality incentives program established under subpart A of part IV; and
+
+(ii) begins the establishment of a practice under that contract; or
+
+(B) (i) enters into a contract under the conservation stewardship program established under subpart B of part IV; and
+
+(ii) begins the establishment of a practice under that contract; or
+
+(2) during the 3 years prior to the expiration of the contract, the owner or operator begins the certification process under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
+
+(h) Land enrolled in agricultural conservation easement program The Secretary may terminate or modify a contract entered into under this subpart if eligible land that is subject to such contract is transferred into the agricultural conservation easement program under subchapter VII.
+
+(Pub. L. 99–198, title XII, § 1235, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 249; amended Pub. L. 110–234, title II, § 2111, May 22, 2008, 122 Stat. 1035; Pub. L. 110–246, § 4(a), title II, § 2111, June 18, 2008, 122 Stat. 1664, 1763; Pub. L. 113–79, title II, § 2006, Feb. 7, 2014, 128 Stat. 719; Pub. L. 115–334, title II, § 2208, Dec. 20, 2018, 132 Stat. 4549.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 2279(e) of title 7, referred to in subsec. (f)(1), was redesignated section 2279(a) of title 7 by Pub. L. 115–334, title XII, § 12301(b)(3), Dec. 20, 2018, 132 Stat. 4951. The Organic Foods Production Act of 1990, referred to in subsecs. (f)(1)(A)(ii) and (g)(2), is title XXI of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3935, which is classified generally to chapter 94 (§ 6501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of Title 7 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 ProvisionsA prior section 3835, Pub. L. 99–198, title XII, § 1235, Dec. 23, 1985, 99 Stat. 1513; Pub. L. 100–233, title VIII, § 801, Jan. 6, 1988, 101 Stat. 1710; Pub. L. 101–624, title XIV, § 1447(a), Nov. 28, 1990, 104 Stat. 3605; Pub. L. 104–127, title III, § 332(c), Apr. 4, 1996, 110 Stat. 994, related to contracts, prior to the general amendment of this subpart by Pub. L. 107–171.
+
+Amendments2018—Subsec. (f)(1). Pub. L. 115–334, § 2208(a)(1)(A), substituted “contract holder” for “retired farmer or rancher” in introductory provisions. Subsec. (f)(1)(A). Pub. L. 115–334, § 2208(a)(1)(C), substituted “2 years” for “1 year” in introductory provisions. Subsec. (f)(1)(A)(i). Pub. L. 115–334, § 2208(a)(1)(B), substituted “contract holder” for “retired or retiring owner or operator”. Subsec. (f)(1)(B). Pub. L. 115–334, § 2208(a)(1)(B), (D), substituted “contract holder” for “retired or retiring owner or operator” and inserted “, including a lease with a term of less than 5 years and an option to purchase” after “lease with an option to purchase”. Subsec. (f)(1)(E). Pub. L. 115–334, § 2208(a)(1)(E), (G), added subpar. (E). Former subpar. (E) redesignated (F). Pub. L. 115–334, § 2208(a)(1)(B), substituted “contract holder” for “retired or retiring owner or operator” in two places. Subsec. (f)(1)(F). Pub. L. 115–334, § 2208(a)(1)(F), redesignated subpar. (E) as (F). Subsec. (f)(2). Pub. L. 115–334, § 2208(a)(2)(A), substituted “To the extent that the maximum number of acres permitted to be enrolled under the conservation reserve program has not been met, the Secretary” for “The Secretary” in introductory provisions. Subsec. (f)(2)(A). Pub. L. 115–334, § 2208(a)(2)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “is eligible for enrollment under the continuous signup option pursuant to section 3834(d)(2)(A)(ii) of this title; and”. Subsec. (g). Pub. L. 115–334, § 2208(b), amended subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if— “(1) during the year prior to expiration of the contract, the land is enrolled in the conservation stewardship program; and “(2) the activity required under the conservation stewardship program pursuant to such enrollment is consistent with this subpart.” 2014—Subsec. (e)(1)(A). Pub. L. 113–79, § 2006(a)(1), substituted “During fiscal year 2015, the Secretary” for “The Secretary” and struck out “before January 1, 1995,” after “under this subpart”. Subsec. (e)(2)(C) to (J). Pub. L. 113–79, § 2006(a)(2), added subpars. (C) to (J) and struck out former subpar. (C) which read as follows: “Other land of high environmental value (including wetland), as determined by the Secretary.” Subsec. (e)(3). Pub. L. 113–79, § 2006(a)(3), substituted “upon approval by the Secretary” for “60 days after the date on which the owner or operator submits the notice required under paragraph (1)(C)”. Subsec. (f)(1). Pub. L. 113–79, § 2006(b)(1)(A), substituted “Transition to covered farmer or rancher” for “Duties of the Secretary” in heading and, in introductory provisions, substituted “In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a retired farmer or rancher to a beginning farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) of title 7), or a” for “In the case of a contract modification approved in order to facilitate the transfer, as described in subsection (c)(1)(B)(iii), of land to a beginning farmer or rancher or”. Subsec. (f)(1)(A)(i). Pub. L. 113–79, § 2006(b)(1)(B), inserted “, including preparing to plant an agricultural crop” after “improvements”. Subsec. (f)(1)(D). Pub. L. 113–79, § 2006(b)(1)(C), substituted “the covered farmer or rancher” for “the farmer or rancher”. Subsec. (f)(1)(E). Pub. L. 113–79, § 2006(b)(1)(D), substituted “section 1308” for “section 1308–1(b)(3)(B)”. Subsec. (f)(2)(A). Pub. L. 113–79, § 2006(b)(2), substituted “option pursuant to section 3834(d)(2)(A)(ii)” for “requirement of section 3831(h)(4)(B)”. Subsecs. (g), (h). Pub. L. 113–79, § 2006(c), added subsecs. (g) and (h). 2008—Subsec. (c)(1)(B)(iii), (iv). Pub. L. 110–246, § 2111(a), added cl. (iii) and redesignated former cl. (iii) as (iv). Subsec. (f). Pub. L. 110–246, § 2111(b), added subsec. (f).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.
+
+Conservation ReservePub. L. 100–45, § 10, May 27, 1987, 101 Stat. 323, provided that: “Section 1235(a) of the Food Security Act of 1985 [16 U.S.C. 3835(a)] should be reviewed by the Secretary of Agriculture to ensure that the provisions thereof relating to exceptions to the three-year ownership requirement with respect to eligibility for the conservation reserve are being implemented in a manner to encourage inclusion of producer-owned land in the conservation reserve. However, any such exception to the three-year requirement should be made only if the Secretary determines that the land involved (1) was not acquired for the purpose of placing the land in the conservation reserve or (2) otherwise meets the criteria for exceptions made under section 1235(a).”

legal/us/code/title-16/chapter-58/section-3835a.md

@@ -0,0 +1,41 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3835a"
+description: "Repealed. Pub. L. 113–79, title II, § 2007, Feb. 7, 2014, 128 Stat. 720"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3835a"
+citation: "16 U.S.C. § 3835a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3835a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "244848d5bce67587c46b406f0522becc8ee4593b693f639da2b387999df7f481"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "03c9f7946d735b96cc200669e7e6b13dd4dbade9772a9888208083b415c016be"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3835a - Repealed. Pub. L. 113–79, title II, § 2007, Feb. 7, 2014, 128 Stat. 720
+
+## Notes
+
+Section, Pub. L. 99–198, title XII, § 1235A, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 251, related to conversion of land subject to contract to other conserving uses.
+
+Prior sections 3835a and 3836 were omitted in the general amendment of this subpart by Pub. L. 107–171.
+
+Section 3835a, Pub. L. 99–198, title XII, § 1235A, as added Pub. L. 101–624, title XIV, § 1435, Nov. 28, 1990, 104 Stat. 3582; amended Pub. L. 102–324, § 1(b), July 22, 1992, 106 Stat. 447, related to conversion of land subject to contract to other conserving uses.
+
+Section 3836, Pub. L. 99–198, title XII, § 1236, Dec. 23, 1985, 99 Stat. 1514; Pub. L. 101–624, title XIV, §§ 1436, 1447(a), Nov. 28, 1990, 104 Stat. 3583, 3605; Pub. L. 107–76, title VII, § 759(b)(1), Nov. 28, 2001, 115 Stat. 741, related to cropland base and allotment history.
+
+A prior section 3836a, Pub. L. 104–127, title III, § 387, Apr. 4, 1996, 110 Stat. 1020, related to Wildlife Habitat Incentive Program, prior to repeal by Pub. L. 107–171, title II, § 2502(b), May 13, 2002, 116 Stat. 267.

legal/us/code/title-16/chapter-58/section-3837-to-3837f.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3837 to 3837f"
+description: "Repealed. Pub. L. 113–79, title II, § 2703(a), Feb. 7, 2014, 128 Stat. 767"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3837 to 3837f"
+citation: "16 U.S.C. § 3837 to 3837f"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3837...3837f"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "1a2b63ce5199bd32ab133db5fa9d611a7fce09cfe8138c555569601cc00a1734"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "4876bf1be60b2e8092074c1a72c84513624d299b9f952f9933fb153c690d896e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3837 to 3837f - Repealed. Pub. L. 113–79, title II, § 2703(a), Feb. 7, 2014, 128 Stat. 767
+
+## Notes
+
+Section 3837, Pub. L. 99–198, title XII, § 1237, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3584; amended Pub. L. 102–237, title II, § 204(6), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 103–66, title I, § 1402(c), Aug. 10, 1993, 107 Stat. 333; Pub. L. 104–127, title III, § 333(a)–(c), Apr. 4, 1996, 110 Stat. 995; Pub. L. 105–277, div. A, § 101(a) [title VII, § 752], Oct. 21, 1998, 112 Stat. 2681, 2681–32; Pub. L. 107–171, title II, §§ 2201, 2202, May 13, 2002, 116 Stat. 252; Pub. L. 110–234, title II, §§ 2201–2203(a), May 22, 2008, 122 Stat. 1036, 1037; Pub. L. 110–246, § 4(a), title II, §§ 2201–2203(a), June 18, 2008, 122 Stat. 1664, 1764, 1765, related to establishment of wetlands reserve program by Secretary.
+
+Section 3837a, Pub. L. 99–198, title XII, § 1237A, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3585; amended Pub. L. 104–127, title III, § 333(d), Apr. 4, 1996, 110 Stat. 996; Pub. L. 107–171, title II, § 2203, May 13, 2002, 116 Stat. 252; Pub. L. 110–234, title II, §§ 2204–2206, May 22, 2008, 122 Stat. 1038, 1039; Pub. L. 110–246, § 4(a), title II, §§ 2204–2206, June 18, 2008, 122 Stat. 1664, 1766, 1767, related to easements and agreements.
+
+Section 3837b, Pub. L. 99–198, title XII, § 1237B, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3587, related to duties of owners.
+
+Section 3837c, Pub. L. 99–198, title XII, § 1237C, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3587; amended Pub. L. 104–127, title III, § 333(e), Apr. 4, 1996, 110 Stat. 996; Pub. L. 110–234, title II, § 2207, May 22, 2008, 122 Stat. 1039; Pub. L. 110–246, § 4(a), title II, § 2207, June 18, 2008, 122 Stat. 1664, 1767, related to duties of Secretary.
+
+Section 3837d, Pub. L. 99–198, title XII, § 1237D, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3588; amended Pub. L. 105–277, div. A, § 101(a) [title VII, § 751], Oct. 21, 1998, 112 Stat. 2681, 2681–32; Pub. L. 110–234, title II, §§ 2208, 2209, May 22, 2008, 122 Stat. 1040; Pub. L. 110–246, § 4(a), title II, §§ 2208, 2209, June 18, 2008, 122 Stat. 1664, 1768, related to payments.
+
+Section 3837e, Pub. L. 99–198, title XII, § 1237E, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3589; amended Pub. L. 107–171, title II, § 2204, May 13, 2002, 116 Stat. 253; Pub. L. 110–234, title II, § 2203(b), May 22, 2008, 122 Stat. 1037; Pub. L. 110–246, § 4(a), title II, § 2203(b), June 18, 2008, 122 Stat. 1664, 1765, related to changes in ownership; agreement modification; termination.
+
+Section 3837f, Pub. L. 99–198, title XII, § 1237F, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3589; Pub. L. 110–234, title II, § 2203(c), May 22, 2008, 122 Stat. 1037; Pub. L. 110–246, § 4(a), title II, § 2203(c), June 18, 2008, 122 Stat. 1664, 1765, related to administration and funding.
+
+Statutory Notes and Related Subsidiaries
+
+Repeal; Transitional ProvisionsPub. L. 113–79, title II, § 2703, Feb. 7, 2014, 128 Stat. 767, provided that: “(a) Repeal.—Except as provided in subsection (b), subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing contracts, agreements, and easements.—The amendment made by this section [repealing sections 3837 to 3837f of this title] shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3837 et seq.) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract, agreement, or easement. “(2) Funding.—“(A) Use of prior year funds.—Notwithstanding the repeal of subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3837 et seq.), any funds made available from the Commodity Credit Corporation to carry out the wetlands reserve program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, or easements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance), provided that no such contract, agreement, or easement is modified so as to increase the amount of the payment received. “(B) Other.—The Secretary [of Agriculture] may use funds made available to carry out 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, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”
+
+Effect of 1996 Amendments on Existing AgreementsPub. L. 104–127, title III, § 333(f), Apr. 4, 1996, 110 Stat. 996, provided that: “The amendments made by this section [amending former sections 3837, 3837a, and 3837c of this title] shall not affect the validity or terms of any agreements entered into by the Secretary of Agriculture under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3837 et seq.) before the date of enactment of this Act [Apr. 4, 1996] or any payments required to be made in connection with the agreements.”

legal/us/code/title-16/chapter-58/section-3838-to-3838c.md

@@ -0,0 +1,47 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3838 to 3838c"
+description: "Repealed. Pub. L. 115–334, title II, § 2301(c)(1), Dec. 20, 2018, 132 Stat. 4551"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3838 to 3838c"
+citation: "16 U.S.C. § 3838 to 3838c"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3838...3838c"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "cadea876017115fdd75f63d17eceb8f04ae083159021387415545dd6927d8067"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "e373e3fd8ea82ded9f80f840777c32225ea124446f7c32bb84366b7643e396c6"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3838 to 3838c - Repealed. Pub. L. 115–334, title II, § 2301(c)(1), Dec. 20, 2018, 132 Stat. 4551
+
+## Notes
+
+Section 3838, Pub. L. 99–198, title XII, § 1238, as added Pub. L. 107–171, title II, § 2001(a), May 13, 2002, 116 Stat. 223, defined terms for this subpart.
+
+A prior section 3838, Pub. L. 99–198, title XII, § 1238, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3590, related to policy of Congress on water quality protection, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007.
+
+Section 3838a, Pub. L. 99–198, title XII, § 1238A, as added Pub. L. 107–171, title II, § 2001(a), May 13, 2002, 116 Stat. 225; amended Pub. L. 109–171, title I, § 1202(a), Feb. 8, 2006, 120 Stat. 5; Pub. L. 110–234, title II, § 2301(b), (c), May 22, 2008, 122 Stat. 1047, 1048; Pub. L. 110–246, § 4(a), title II, § 2301(b), (c), June 18, 2008, 122 Stat. 1664, 1775, 1776, established a conservation security program to assist producers of agricultural operations in promoting conservation purposes.
+
+A prior section 3838a, Pub. L. 99–198, title XII, § 1238A, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3590, defined terms for purposes of this part, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007.
+
+Section 3838b, Pub. L. 99–198, title XII, § 1238B, as added Pub. L. 107–171, title II, § 2001(a), May 13, 2002, 116 Stat. 230, set forth duties of producers under conservation security contracts.
+
+A prior section 3838b, Pub. L. 99–198, title XII, § 1238B, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3590, directed Secretary to formulate and carry out agricultural water quality protection program, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007.
+
+Section 3838c, Pub. L. 99–198, title XII, § 1238C, as added Pub. L. 107–171, title II, § 2001(a), May 13, 2002, 116 Stat. 230, set forth duties of Secretary of Agriculture relating to timing and amounts of payments, promulgation of regulations, changes of interest in land, enrollment procedure, and providing technical assistance.
+
+A prior section 3838c, Pub. L. 99–198, title XII, § 1238C, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3594, related to lands eligible for enrollment in water quality protection program, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007.

legal/us/code/title-16/chapter-58/section-3838d-to-3838g.md

@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3838d to 3838g"
+description: "Transferred"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3838d to 3838g"
+citation: "16 U.S.C. § 3838d to 3838g"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3838d...3838g"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "0248ae73e4685e4cde1a4fc8a2b685d11eb39eb89f52c14752dd98bfc97d006c"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "e0e8caba93d881504a83102edb274276a11a3d078d6e6a1ece90636b06b73009"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3838d to 3838g - Transferred
+
+## Notes
+
+Editorial Notes
+
+Codification Section 3838d, Pub. L. 99–198, title XII, § 1238D, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1040, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1768; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 721, which set out definitions for this subpart, was renumbered section 1240I of Pub. L. 99–198 and transferred to section 3839aa–21 of this title. A prior section 3838d, Pub. L. 99–198, title XII, § 1238D, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3595, related to technical assistance for water quality protection, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007. Section 3838e, Pub. L. 99–198, title XII, § 1238E, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1041, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1769; amended Pub. L. 112–55, div. A, title VII, § 716(b), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 722, which established a conservation stewardship program, was renumbered section 1240J of Pub. L. 99–198 and transferred to section 3839aa–22 of this title. A prior section 3838e, Pub. L. 99–198, title XII, § 1238E, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3596, related to demonstration and pilot programs, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007. Section 3838f, Pub. L. 99–198, title XII, § 1238F, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1042, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1770; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 723, which related to stewardship contracts, was renumbered section 1240K of Pub. L. 99–198 and transferred to section 3839aa–23 of this title. A prior section 3838f, Pub. L. 99–198, title XII, § 1238F, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3596, related to report to Congress, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007. Section 3838g, Pub. L. 99–198, title XII, § 1238G, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1045, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1773; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 726, which described duties of the Secretary regarding the conservation stewardship program, was renumbered section 1240L of Pub. L. 99–198 and transferred to section 3839aa–24 of this title.
+
+Statutory Notes and Related Subsidiaries
+
+Termination of Conservation Stewardship ProgramPub. L. 115–334, title II, § 2301(c)(2), Dec. 20, 2018, 132 Stat. 4552, provided that: “Effective on the date of enactment of this Act [Dec. 20, 2018], the conservation stewardship program under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act) shall cease to be effective.”

legal/us/code/title-16/chapter-58/section-3838h-to-3838j.md

@@ -0,0 +1,41 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3838h to 3838j"
+description: "Repealed. Pub. L. 113–79, title II, § 2704(a), Feb. 7, 2014, 128 Stat. 767"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3838h to 3838j"
+citation: "16 U.S.C. § 3838h to 3838j"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3838h...3838j"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "d837ef966e2e69e704ec6c09986b1504dc9aab764ed55f144b1ce520e86292b9"
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+text_hash: "3b08ba154b3b591e438c33fb1ad51b3e7d43c707c9c1d1c6b1f55492bea46e91"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3838h to 3838j - Repealed. Pub. L. 113–79, title II, § 2704(a), Feb. 7, 2014, 128 Stat. 767
+
+## Notes
+
+Section 3838h, Pub. L. 99–198, title XII, § 1238H, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2401(a), May 22, 2008, 122 Stat. 1048; Pub. L. 110–246, § 4(a), title II, § 2401(a), June 18, 2008, 122 Stat. 1664, 1776, defined terms used in this subpart.
+
+Section 3838i, Pub. L. 99–198, title XII, § 1238I, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 268; amended Pub. L. 110–234, title II, § 2401(b), May 22, 2008, 122 Stat. 1049; Pub. L. 110–246, § 4(a), title II, § 2401(b), June 18, 2008, 122 Stat. 1664, 1777, related to farmland protection program.
+
+Section 3838j, Pub. L. 99–198, title XII, § 1238J, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 269; amended Pub. L. 110–234, title II, § 2402, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, § 4(a), title II, § 2402, June 18, 2008, 122 Stat. 1664, 1779, related to farm viability program.
+
+Statutory Notes and Related Subsidiaries
+
+Repeal; Transitional ProvisionsPub. L. 113–79, title II, § 2704, Feb. 7, 2014, 128 Stat. 767, provided that: “(a) Repeal.—Except as provided in subsection (b), subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing agreements and easements.—The amendment made by this section [repealing sections 3838h to 3838j of this title] shall not affect the validity or terms of any agreement or easement entered into by the Secretary of Agriculture under subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838h et seq.) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the agreement or easement. “(2) Funding.—“(A) Use of prior year funds.—Notwithstanding the repeal of subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838h et seq.), any funds made available from the Commodity Credit Corporation to carry out the farmland protection program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out agreements and easements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance). “(B) Other.—On exhaustion of funds made available under subparagraph (A), the Secretary [of Agriculture] may use funds made available to carry out 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, to continue to carry out agreements and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such agreements and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”

legal/us/code/title-16/chapter-58/section-3838n-to-3838q.md

@@ -0,0 +1,43 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3838n to 3838q"
+description: "Repealed. Pub. L. 113–79, title II, § 2705(a), Feb. 7, 2014, 128 Stat. 768"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3838n to 3838q"
+citation: "16 U.S.C. § 3838n to 3838q"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3838n...3838q"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "e3cced35ce9d5321f7391044c9be91b22ea99060b53b3dc535a748f2d27da4f4"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "31a562419c000e5d33f4c56e452f7c8a6dca31446ff0045facf4d37c45bac170"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3838n to 3838q - Repealed. Pub. L. 113–79, title II, § 2705(a), Feb. 7, 2014, 128 Stat. 768
+
+## Notes
+
+Section 3838n, Pub. L. 99–198, title XII, § 1238N, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 258; Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1779, related to establishment of grassland reserve program by Secretary.
+
+Section 3838o, Pub. L. 99–198, title XII, § 1238O, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 259; amended Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1052; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1780, related to duties of owners and operators.
+
+Section 3838p, Pub. L. 99–198, title XII, § 1238P, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 261; amended Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1054; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1782, related to duties of Secretary.
+
+Section 3838q, Pub. L. 99–198, title XII, § 1238Q, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 262; amended Pub. L. 108–447, div. A, title VII, § 797, Dec. 8, 2004, 118 Stat. 2852; Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1055; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1783, related to delegation of duty.
+
+Statutory Notes and Related Subsidiaries
+
+Repeal; Transitional ProvisionsPub. L. 113–79, title II, § 2705, Feb. 7, 2014, 128 Stat. 768, provided that: “(a) Repeal.—Except as provided in subsection (b), subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing contracts, agreements, and easements.—The amendment made by this section [repealing sections 3838n to 3838q of this title] shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838n et seq.) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract, agreement, or easement. “(2) Funding.—“(A) Use of prior year funds.—Notwithstanding the repeal of subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838n et seq.), any funds made available from the Commodity Credit Corporation to carry out the grassland reserve program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, or easements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance), provided that no such contract, agreement, or easement is modified so as to increase the amount of the payment received. “(B) Other.—The Secretary [of Agriculture] may use funds made available to carry out 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, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”

legal/us/code/title-16/chapter-58/section-3839-to-3839d.md

@@ -0,0 +1,41 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839 to 3839d"
+description: "Repealed. Pub. L. 113–79, title II, § 2711, Feb. 7, 2014, 128 Stat. 771"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839 to 3839d"
+citation: "16 U.S.C. § 3839 to 3839d"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839...3839d"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "c609cbc1b6c1ecbf3a0712591bcc13502007cb629256dec41b268efe59bf36b3"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "15e3fec0bb111ea301579ec73454a26f4fc07c07ab9983ffdb700ee28b483395"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839 to 3839d - Repealed. Pub. L. 113–79, title II, § 2711, Feb. 7, 2014, 128 Stat. 771
+
+## Notes
+
+Section 3839, Pub. L. 99–198, title XII, § 1239, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3597; amended Pub. L. 102–237, title II, § 204(7), Dec. 13, 1991, 105 Stat. 1855, related to establishment of environmental easement program by Secretary.
+
+Section 3839a, Pub. L. 99–198, title XII, § 1239A, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3597, related to duties of owners; components of plan.
+
+Section 3839b, Pub. L. 99–198, title XII, § 1239B, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3598, related to duties of Secretary.
+
+Section 3839c, Pub. L. 99–198, title XII, § 1239C, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3599, related to payments.
+
+Section 3839d, Pub. L. 99–198, title XII, § 1239D, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3600, related to changes in ownership; modification of easement.

legal/us/code/title-16/chapter-58/section-3839aa-1.md

@@ -0,0 +1,145 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–1"
+description: "Definitions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–1"
+citation: "16 U.S.C. § 3839aa–1"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–1"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "e49b805f6674d51d8c0351b509df568690ceada46003fce6b3c240a2a3ba4374"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–1 - Definitions
+
+## Text
+
+In this subpart:
+
+(1) Conservation planning assessment The term “conservation planning assessment” means a report, as determined by the Secretary, that—
+
+(A) is developed by—
+
+(i) a State or unit of local government (including a conservation district);
+
+(ii) a Federal agency; or
+
+(iii) a third-party provider certified under section 3842(e) of this title (including a certified rangeland professional);
+
+(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and
+
+(C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture.
+
+(2) Eligible land (A) In general The term “eligible land” means land on which agricultural commodities, livestock, or forest-related products are produced.
+
+(B) Inclusions The term “eligible land” includes the following:
+
+(i) Cropland.
+
+(ii) Grassland.
+
+(iii) Rangeland.
+
+(iv) Pasture land.
+
+(v) Nonindustrial private forest land.
+
+(vi) Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.
+
+(3) Incentive practice The term “incentive practice” means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.
+
+(4) Organic system plan The term “organic system plan” means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
+
+(5) Payment The term “payment” means financial assistance provided to a producer for performing practices under this subpart, including compensation for—
+
+(A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
+
+(B) income forgone by the producer.
+
+(6) Practice The term “practice” means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including—
+
+(A) improvements to eligible land of the producer, including—
+
+(i) structural practices;
+
+(ii) land management practices;
+
+(iii) vegetative practices;
+
+(iv) forest management;
+
+(v) soil testing;
+
+(vi) soil remediation to be carried out by the producer; and
+
+(vii) other practices that the Secretary determines would further the purposes of the program; and
+
+(B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including—
+
+(i) comprehensive nutrient management planning;
+
+(ii) planning for resource-conserving crop rotations (as defined in section 3839aa–24(d)(1) of this title);
+
+(iii) soil health planning, including increasing soil organic matter and the use of cover crops;
+
+(iv) a conservation planning assessment;
+
+(v) precision conservation management planning; and
+
+(vi) other plans that the Secretary determines would further the purposes of the program under this subpart.
+
+(7) Priority resource concern The term “priority resource concern” means a natural resource concern or problem, as determined by the Secretary, that—
+
+(A) is identified at the national, State, or local level as a priority for a particular area of a State; and
+
+(B) represents a significant concern in a State or region.
+
+(8) Program The term “program” means the environmental quality incentives program established by this subpart.
+
+(9) Soil remediation The term “soil remediation” means scientifically based practices that—
+
+(A) ensure the safety of producers from contaminants in soil;
+
+(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and
+
+(C) regenerate and sustain the soil.
+
+(10) Soil testing The term “soil testing” means the evaluation of soil health, including testing for—
+
+(A) the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and
+
+(B) the biological and physical characteristics indicative of proper soil functioning.
+
+(Pub. L. 99–198, title XII, § 1240A, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 253; amended Pub. L. 110–234, title II, § 2502, May 22, 2008, 122 Stat. 1058; Pub. L. 110–246, § 4(a), title II, § 2502, June 18, 2008, 122 Stat. 1664, 1786; Pub. L. 113–79, title II, § 2202, Feb. 7, 2014, 128 Stat. 729; Pub. L. 115–334, title II, §§ 2301(d)(1)(E), 2303, Dec. 20, 2018, 132 Stat. 4554, 4555.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Organic Foods Production Act of 1990, referred to in par. (4), is title XXI of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3935, which is classified generally to chapter 94 (§ 6501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of Title 7 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 ProvisionsA prior section 3839aa–1, Pub. L. 99–198, title XII, § 1240A, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 997, related to definitions of terms, prior to the general amendment of this part by Pub. L. 107–171.
+
+Amendments2018—Pub. L. 115–334, § 2301(d)(1)(E), substituted “this subpart” for “this part” wherever appearing. Par. (1). Pub. L. 115–334, § 2303(2), added par. (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 115–334, § 2303(1), (3), redesignated par. (1) as (2) and, in subpar. (B)(vi), inserted “environmentally sensitive areas,” after “marshes,” and “identified or expected” before “resource concerns”. Former par. (2) redesignated (4). Par. (3). Pub. L. 115–334, § 2303(4), added par. (3). Former par. (3) redesignated (5). Pars. (4), (5). Pub. L. 115–334, § 2303(1), redesignated pars. (2) and (3) as (4) and (5), respectively. Former pars. (4) and (5) redesignated (6) and (8), respectively. Par. (6). Pub. L. 115–334, § 2303(1), (5), redesignated par. (4) as (6); in subpar. (A), added cls. (v) and (vi) and redesignated former cl. (v) as (vii); and, in subpar. (B), added cls. (ii) to (v) and redesignated former cl. (ii) as (vi). Par. (7). Pub. L. 115–334, § 2303(6), added par. (7). Par. (8). Pub. L. 115–334, § 2303(1), redesignated par. (5) as (8). Pars. (9), (10). Pub. L. 115–334, § 2303(7), added pars. (9) and (10). 2014—Pars. (2) to (6). Pub. L. 113–79 redesignated pars. (3) to (6) as (2) to (5), respectively, inserted “established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)” after “national organic program” in par. (2), and struck out former par. (2). Text of former par. (2) read as follows: “The term ‘national organic program’ means the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et. seq.).” 2008—Pub. L. 110–246, § 2502, amended section generally. Prior to amendment, section defined “beginning farmer or rancher”, “eligible land”, “land management practice”, “livestock”, “practice”, and “structural practice”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3839aa-22.md

@@ -0,0 +1,65 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–22"
+description: "Conservation stewardship program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–22"
+citation: "16 U.S.C. § 3839aa–22"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–22"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "d0e6c17f12b329c00ea89fdf48ea8a4801dfa1a0225bf29bfdcaa6333881f31a"
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+text_hash: "ff224de6cdc7b8b664136e6e572f3ce5007f98eb6881235df2b74dd90283749b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–22 - Conservation stewardship program
+
+## Text
+
+(a) Establishment and purpose During each of fiscal years 2019 through 2031, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner—
+
+(1) by undertaking additional conservation activities; and
+
+(2) by improving, maintaining, and managing existing conservation activities.
+
+(b) Exclusions (1) Land enrolled in other conservation programs Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program:
+
+(A) Land enrolled in the conservation reserve program, unless—
+
+(i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
+
+(ii) conservation reserve program payments for land enrolled in the program cease before the first program payment is made to the applicant under this subpart.
+
+(B) Land enrolled in a wetland reserve easement through the agricultural conservation easement program.
+
+(2) Conversion to cropland Eligible land used for crop production after December 20, 2018, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet such requirement because—
+
+(A) the land had previously been enrolled in the conservation reserve program;
+
+(B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or
+
+(C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary.
+
+(Pub. L. 99–198, title XII, § 1240J, formerly § 1238E, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1041, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1769; amended Pub. L. 112–55, div. A, title VII, § 716(b), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 722; renumbered § 1240J and amended Pub. L. 115–334, title II, §§ 2301(b), (d)(1)(C), 2308(b), Dec. 20, 2018, 132 Stat. 4551, 4554, 4565; Pub. L. 117–169, title II, § 21001(c)(3), Aug. 16, 2022, 136 Stat. 2017.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was formerly classified to section 3838e of this title prior to renumbering by Pub. L. 115–334. Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
+
+Amendments2022—Subsec. (a). Pub. L. 117–169 substituted “2031” for “2023” in introductory provisions. 2018—Subsec. (a). Pub. L. 115–334, § 2308(b)(1), substituted “2019 through 2023” for “2014 through 2018” in introductory provisions. Subsec. (b)(1)(C). Pub. L. 115–334, § 2301(d)(1)(C), struck out subpar. (C) which read as follows: “Land enrolled in the conservation security program.” Subsec. (b)(2). Pub. L. 115–334, § 2308(b)(2), substituted “December 20, 2018” for “February 7, 2014”. 2014—Pub. L. 113–79 amended section generally. Prior to amendment, section related to conservation stewardship program. 2011—Subsec. (a). Pub. L. 112–55 substituted “2014” for “2012”.

legal/us/code/title-16/chapter-58/section-3839aa-23.md

@@ -0,0 +1,139 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–23"
+description: "Stewardship contracts"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–23"
+citation: "16 U.S.C. § 3839aa–23"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–23"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "0d56e15cc41caa5f97b6d64de50bc9f6d7ca933087a11f5fbffd2ff5deb23668"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "55a0927eaa7cbe4944278eb9cab1e46115c805a956da0366a9edccefb4e28173"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–23 - Stewardship contracts
+
+## Text
+
+(a) Submission of contract offers To be eligible to participate in the conservation stewardship program, a producer shall submit to the Secretary a contract offer for the agricultural operation that—
+
+(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and
+
+(2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by—
+
+(A) installing and adopting additional conservation activities; and
+
+(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
+
+(b) Evaluation of contract offers (1) Ranking of applications (A) In general In evaluating contract offers submitted under subsection (a) and contract renewals under subsection (e), the Secretary shall rank applications based on—
+
+(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at the time of submission of the application;
+
+(ii) the degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and
+
+(iii) other consistent criteria, as determined by the Secretary.
+
+(B) Additional criterion If 2 or more applications receive the same ranking under subparagraph (A), the Secretary shall rank those contracts based on the extent to which the actual and anticipated conservation benefits from each contract are provided at the lowest cost relative to other similarly beneficial contract offers.
+
+(2) Prohibition The Secretary may not assign a higher priority to any application because the applicant is willing to accept a lower payment than the applicant would otherwise be eligible to receive.
+
+(3) Additional criteria The Secretary may develop and use such additional criteria that the Secretary determines are necessary to ensure that national, State, and local priority resource concerns are effectively addressed.
+
+(c) Entering into contracts After a determination that a producer is eligible for a contract or contract renewal under this section, and a determination that the contract or contract renewal offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract or contract renewal with the producer to enroll the eligible land to be covered by the contract or contract renewal.
+
+(d) Contract provisions (1) Term A conservation stewardship contract shall be for a term of 5 years.
+
+(2) Required provisions The conservation stewardship contract of a producer shall—
+
+(A) state the amount of the payment the Secretary agrees to make to the producer for each year of the conservation stewardship contract under section 3839aa–24(c) of this title;
+
+(B) require the producer—
+
+(i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities;
+
+(ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and
+
+(iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program;
+
+(C) permit all economic uses of the eligible land that—
+
+(i) maintain the agricultural nature of the land; and
+
+(ii) are consistent with the conservation purposes of the conservation stewardship contract;
+
+(D) include a provision to ensure that a producer shall not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary;
+
+(E) include provisions requiring that upon the violation of a term or condition of the contract at any time the producer has control of the land—
+
+(i) if the Secretary determines that the violation warrants termination of the contract—
+
+(I) the producer shall forfeit all rights to receive payments under the contract; and
+
+(II) the producer shall refund all or a portion of the payments received by the producer under the contract, including any interest on the payments, as determined by the Secretary; or
+
+(ii) if the Secretary determines that the violation does not warrant termination of the contract, the producer shall refund or accept adjustments to the payments provided to the producer, as the Secretary determines to be appropriate;
+
+(F) include provisions in accordance with paragraphs (3) and (4); and
+
+(G) include any additional provisions the Secretary determines are necessary to carry out the program.
+
+(3) Change of interest in land subject to a contract (A) In general At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land.
+
+(B) Transfer of duties and rights Subparagraph (A) shall not apply if—
+
+(i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in eligible land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred;
+
+(ii) the transferee meets the eligibility requirements of the program; and
+
+(iii) the Secretary approves the transfer of all duties and rights under the contract.
+
+(4) Modification and termination of contracts (A) Voluntary modification or termination The Secretary may modify or terminate a contract with a producer if—
+
+(i) the producer agrees to the modification or termination; and
+
+(ii) the Secretary determines that the modification or termination is in the public interest.
+
+(B) Involuntary termination The Secretary may terminate a contract if the Secretary determines that the producer violated the contract.
+
+(5) Repayment If a contract is terminated, the Secretary may, consistent with the purposes of the program—
+
+(A) allow the producer to retain payments already received under the contract; or
+
+(B) require repayment, in whole or in part, of payments received and assess liquidated damages.
+
+(e) Contract renewal The Secretary may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period if the producer—
+
+(1) demonstrates compliance with the terms of the existing contract;
+
+(2) agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by the Secretary; and
+
+(3) agrees, by the end of the contract period—
+
+(A) to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation; or
+
+(B) to adopt or improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect to not less than 2 existing priority resource concerns that are specified by the Secretary in the initial contract.
+
+(Pub. L. 99–198, title XII, § 1240K, formerly § 1238F, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1042, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1770; amended Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 723; renumbered § 1240K and amended Pub. L. 115–334, title II, §§ 2301(b), 2308(c), Dec. 20, 2018, 132 Stat. 4551, 4565.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was formerly classified to section 3838f of this title prior to renumbering by Pub. L. 115–334. Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
+
+AmendmentsSubsec. (b)(1). Pub. L. 115–334, § 2308(c)(1), added par. (1) and struck out former par. (1) which provided criteria for ranking of applications. Subsec. (c). Pub. L. 115–334, § 2308(c)(2), substituted “a contract or contract renewal under this section” for “the program under subsection (a)” and inserted “or contract renewal” after “determination that the contract”, after “conservation stewardship contract”, and after “covered by the contract”. Subsec. (d)(2)(A). Pub. L. 115–334, § 2308(c)(3), substituted “section 3839aa–24(c)” for “section 3838g(d)”. Subsec. (e). Pub. L. 115–334, § 2308(c)(4)(A), substituted “The Secretary may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period” for “At the end of the initial 5-year contract period, the Secretary may allow the producer to renew the contract for 1 additional 5-year period” in introductory provisions. Subsec. (e)(1). Pub. L. 115–334, § 2308(c)(4)(B), substituted “existing contract” for “initial contract”. Subsec. (e)(2). Pub. L. 115–334, § 2308(c)(4)(C), inserted “new or improved” before “conservation activities” and “demonstrating continued improvement during the additional 5-year period,” before “as determined by the Secretary”. Subsec. (e)(3)(B). Pub. L. 115–334, § 2308(c)(4)(D), substituted “to adopt or improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect to not less than 2” for “to exceed the stewardship threshold of 2”. 2014—Pub. L. 113–79 amended section generally. Prior to amendment, section related to stewardship contracts.

legal/us/code/title-16/chapter-58/section-3839aa-24.md

@@ -0,0 +1,189 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–24"
+description: "Duties of the Secretary"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–24"
+citation: "16 U.S.C. § 3839aa–24"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–24"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "64f0b72dbb6486b2641d09784789747952bbd88bc55ef6fda8a8070a9efd79e4"
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+text_hash: "1cb422e263ec881b72e3fc35c28a2057a07f45adc3ada99c649ab44a1fd0b556"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–24 - Duties of the Secretary
+
+## Text
+
+(a) In general To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall—
+
+(1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year;
+
+(2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and
+
+(3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2).
+
+(b) Allocation to States The Secretary shall allocate funding to States for enrollment, based—
+
+(1) primarily on each State’s proportion of eligible land to the total acreage of eligible land in all States; and
+
+(2) also on consideration of—
+
+(A) the extent and magnitude of the conservation needs associated with agricultural production in each State;
+
+(B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and
+
+(C) other considerations to achieve equitable geographic distribution of funds, as determined by the Secretary.
+
+(c) Conservation stewardship payments (1) Availability of payments The Secretary shall provide annual payments under the program to compensate the producer for—
+
+(A) installing and adopting additional conservation activities; and
+
+(B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary.
+
+(2) Payment amount The amount of the annual payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors:
+
+(A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training.
+
+(B) Income forgone by the producer.
+
+(C) Expected conservation benefits.
+
+(D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation.
+
+(E) The level of stewardship in place at the time of application and maintained over the term of the contract.
+
+(F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract.
+
+(G) Such other factors as are determined appropriate by the Secretary.
+
+(3) Exclusions A payment to a producer under this subsection shall not be provided for—
+
+(A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or
+
+(B) conservation activities for which there is no cost incurred or income forgone to the producer.
+
+(4) Delivery of payments In making payments under this subsection, the Secretary shall, to the extent practicable—
+
+(A) prorate conservation performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual payments in each fiscal year; and
+
+(B) make such payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year.
+
+(5) Payment for cover crop activities The amount of a payment under this subsection for cover crop activities shall be not less than 125 percent of the annual payment amount determined by the Secretary under paragraph (2).
+
+(d) Supplemental payments for resource-conserving crop rotations and advanced grazing management (1) Definitions In this subsection:
+
+(A) Advanced grazing management The term “advanced grazing management” means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for—
+
+(i) improved soil health and carbon sequestration;
+
+(ii) drought resilience;
+
+(iii) wildlife habitat;
+
+(iv) wildfire mitigation;
+
+(v) control of invasive plants; and
+
+(vi) water quality improvement.
+
+(B) Management-intensive rotational grazing The term “management-intensive rotational grazing” means a strategic, adaptively managed multipasture grazing system in which animals are regularly and systematically moved to fresh pasture in a manner that—
+
+(i) maximizes the quantity and quality of forage growth;
+
+(ii) improves manure distribution and nutrient cycling;
+
+(iii) increases carbon sequestration from greater forage harvest;
+
+(iv) improves the quality and quantity of cover for wildlife;
+
+(v) provides permanent cover to protect the soil from erosion; and
+
+(vi) improves water quality.
+
+(C) Resource-conserving crop rotation The term “resource-conserving crop rotation” means a crop rotation that—
+
+(i) includes at least 1 resource-conserving crop (as defined by the Secretary);
+
+(ii) reduces erosion;
+
+(iii) improves soil fertility and tilth;
+
+(iv) interrupts pest cycles;
+
+(v) builds soil organic matter; and
+
+(vi) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation.
+
+(2) Availability of payments The Secretary shall provide additional payments to producers that, in participating in the program, agree to adopt or improve, manage, and maintain—
+
+(A) resource-conserving crop rotations; or
+
+(B) advanced grazing management.
+
+(3) Eligibility To be eligible to receive a payment described in paragraph (2), a producer shall agree to adopt or improve, manage, and maintain resource-conserving crop rotations or advanced grazing management for the term of the contract.
+
+(4) Amount of payment An additional payment provided under paragraph (2) shall be not less than 150 percent of the annual payment amount determined by the Secretary under subsection (c)(2).
+
+(e) Payment for comprehensive conservation plan (1) Definition of comprehensive conservation plan In this subsection, the term “comprehensive conservation plan” means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2).
+
+(2) Payment for comprehensive conservation plan The Secretary shall provide a 1-time payment to a producer that develops a comprehensive conservation plan.
+
+(3) Amount of payment The Secretary shall determine the amount of payment under paragraph (2) based on—
+
+(A) the number of priority resource concerns addressed in the comprehensive conservation plan; and
+
+(B) the number of types of land uses included in the comprehensive conservation plan.
+
+(f) Payment limitations A person or legal entity may not receive, directly or indirectly, payments under the program that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2019 through 2023, excluding funding arrangements with Indian tribes, regardless of the number of contracts entered into under the program by the person or legal entity.
+
+(g) Specialty crop and organic producers The Secretary shall ensure that outreach and technical assistance are available, and program specifications are appropriate to enable specialty crop and organic producers to participate in the program.
+
+(h) Organic certification (1) Coordination The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) while participating in a contract under the program.
+
+(2) Allocation (A) In general Using funds made available for the program for each of fiscal years 2019 through 2031, the Secretary shall allocate funding to States to support organic production and transition to organic production through paragraph (1).
+
+(B) Determination The Secretary shall determine the allocation to a State under subparagraph (A) based on—
+
+(i) the number of certified and transitioning organic operations within the State; and
+
+(ii) the number of acres of certified and transitioning organic production within the State.
+
+(i) Regulations The Secretary shall promulgate regulations that—
+
+(1) prescribe such other rules as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection (f); and
+
+(2) otherwise enable the Secretary to carry out the program.
+
+(j) Streamlining and coordination To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the environmental quality incentives program under subpart A, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.
+
+(k) Soil health To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.
+
+(l) Annual report Each fiscal year, 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 describing the payment rates for conservation activities offered to producers under the program and an analysis of whether payment rates can be reduced for the most expensive conservation activities.
+
+(Pub. L. 99–198, title XII, § 1240L, formerly § 1238G, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1045, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1773; amended Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 726; renumbered § 1240L and amended Pub. L. 115–334, title II, §§ 2301(b), 2308(d), Dec. 20, 2018, 132 Stat. 4551, 4566; Pub. L. 117–169, title II, § 21001(c)(4), Aug. 16, 2022, 136 Stat. 2017.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Organic Foods Production Act of 1990, referred to in subsec. (h)(1), is title XXI of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3935, which is classified generally to chapter 94 (§ 6501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of Title 7 and Tables.
+
+Codification Section was formerly classified to section 3838g of this title prior to renumbering by Pub. L. 115–334. Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
+
+Amendments2022—Subsec. (h)(2)(A). Pub. L. 117–169 substituted “2031” for “2023”. 2018—Subsec. (b). Pub. L. 115–334, § 2308(d)(1), substituted “allocate funding” for “allocate acres” in introductory provisions. Subsec. (c). Pub. L. 115–334, § 2308(d)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “During the period beginning on February 7, 2014, and ending on September 30, 2022, the Secretary shall, to the maximum extent practicable— “(1) enroll in the program an additional 10,000,000 acres for each fiscal year; and “(2) manage the program to achieve a national average rate of $18 per acre, which shall include the costs of all financial assistance, technical assistance, and any other expenses associated with enrollment or participation in the program.” Subsec. (c)(5). Pub. L. 115–334, § 2308(d)(4), added par. (5). Subsec. (d). Pub. L. 115–334, § 2308(d)(3), (5)(A), redesignated subsec. (e) as (d) and inserted “and advanced grazing management” after “crop rotations” in heading. Former subsec. (d) redesignated (c). Subsec. (d)(1). Pub. L. 115–334, § 2308(d)(5)(D), inserted par. designation, heading, and introductory provisions, added subpars. (A) and (B), designated existing provisions of par. (1) as subpar. (C), and, in subpar. (C), substituted “The term” for “In this subsection, the term”, redesignated former subpars. (A) to (D) and (E) of par. (1) as cls. (i) to (iv) and (vi), respectively, realigned margins, and added cl. (v). Pub. L. 115–334, § 2308(d)(5)(C), redesignated par. (4) as (1). Former par. (1) redesignated (2). Subsec. (d)(2). Pub. L. 115–334, § 2308(d)(5)(C), (E), redesignated par. (1) as (2), substituted “agree to adopt or improve, manage, and maintain—” for “agree to adopt or improve resource-conserving crop rotations to achieve beneficial crop rotations as appropriate for the eligible land of the producers.”, and added subpars. (A) and (B). Pub. L. 115–334, § 2308(d)(5)(B), struck out par. (2). Text read as follows: “The Secretary shall determine whether a resource-conserving crop rotation is a beneficial crop rotation eligible for additional payments under paragraph (1) based on whether the resource-conserving crop rotation is designed to provide natural resource conservation and production benefits.” Subsec. (d)(3). Pub. L. 115–334, § 2308(d)(5)(F), substituted “paragraph (2)” for “paragraph (1)” and “agree to adopt or improve, manage, and maintain resource-conserving crop rotations or advanced grazing management for the term of the contract” for “agree to adopt and maintain beneficial resource-conserving crop rotations for the term of the contract”. Subsec. (d)(4). Pub. L. 115–334, § 2308(d)(5)(G), added par. (4). Former par. (4) redesignated (1). Subsec. (e). Pub. L. 115–334, § 2308(d)(6), added subsec. (e). Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 115–334, § 2308(d)(7), substituted “2019 through 2023” for “2014 through 2018”. Subsec. (h). Pub. L. 115–334, § 2308(d)(8), substituted “Organic certification” for “Coordination with organic certification” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2). Subsecs. (j) to (l). Pub. L. 115–334, § 2308(d)(9), added subsecs. (j) to (l). 2014—Pub. L. 113–79 amended section generally. Prior to amendment, section related to duties of the Secretary.

legal/us/code/title-16/chapter-58/section-3839aa-25.md

@@ -0,0 +1,99 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–25"
+description: "Grassland conservation initiative"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–25"
+citation: "16 U.S.C. § 3839aa–25"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–25"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "2fda0ba9fff97c1bc47e8e1944966e3a420994d0b01ea8037cfcbc47c2b2d915"
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+text_hash: "1ddee754a00ee7e7052a2e9756495cf88dd794eae9c2c1bb86a1af6b5a6dd21f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–25 - Grassland conservation initiative
+
+## Text
+
+(a) Definitions In this section:
+
+(1) Eligible land Notwithstanding sections 3839aa–21(4) and 3839aa–22(b)(2) of this title, the term “eligible land” means cropland on a farm for which base acres have been maintained by the Secretary under section 9012(d)(3) of title 7.
+
+(2) Initiative The term “initiative” means the grassland conservation initiative established under subsection (b).
+
+(b) Establishment and purpose The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e).
+
+(c) Election Beginning in fiscal year 2019, the Secretary shall provide a 1-time election to enroll eligible land in the initiative under a contract described in subsection (e).
+
+(d) Method of enrollment The Secretary shall—
+
+(1) notwithstanding subsection (b) of section 3839aa–23 of this title, determine under subsection (c) of that section that eligible land ranks sufficiently high under the evaluation criteria described in subsection (b) of that section; and
+
+(2) enroll the eligible land in the initiative under a contract described in subsection (e).
+
+(e) Grassland conservation contract (1) In general Notwithstanding section 3839aa–23(a)(1) of this title, to enroll eligible land in the initiative under a grassland conservation contract, a producer shall agree—
+
+(A) to meet or exceed the stewardship threshold for not less than 1 priority resource concern by the date on which the contract expires; and
+
+(B) to comply with the terms and conditions of the contract.
+
+(2) Terms A grassland conservation contract entered into under this section shall—
+
+(A) (i) be for a single 5-year term; and
+
+(ii) not be subject to renewal or reenrollment under section 3839aa–23(e) of this title; and
+
+(B) be subject to section 3839aa–23(d) of this title.
+
+(3) Early termination The Secretary shall allow a producer that enters into a grassland conservation contract under this section—
+
+(A) to terminate the contract at any time; and
+
+(B) to retain payments already received under the contract.
+
+(f) Grassland conservation plan The grassland conservation plan developed for eligible land shall be limited to—
+
+(1) eligible land; and
+
+(2) resource concerns and activities relating to grassland.
+
+(g) Payments (1) In general Beginning in fiscal year 2019, of the funds made available for this subpart under section 3841(a)(3)(B) of this title, and notwithstanding any payment under title I of the Agriculture Improvement Act of 2018, an amendment made by that title, or section 3839aa–24(c) of this title, the Secretary shall make annual grassland conservation contract payments to the producer of any eligible land that is the subject of a grassland conservation contract under this section.
+
+(2) Payment noneligibility A grassland conservation contract under this section shall not be—
+
+(A) eligible for payments under section 3839aa–24(d) of this title; or
+
+(B) subject to the payment limitations under this subpart.
+
+(3) Limitation The amount of an annual payment under this subsection shall be $18 per acre, not to exceed the number of base acres on a farm.
+
+(h) Considered planted The Secretary shall consider land enrolled under a grassland conservation contract under this section during a crop year to be planted or considered planted to a covered commodity (as defined in section 9011 of title 7) during that crop year.
+
+(i) Other contracts A producer with an agricultural operation that contains land eligible under this section and land eligible under section 3839aa–23 of this title—
+
+(1) may enroll the land eligible under this section through a contract under this section or under section 3839aa–23 of this title; and
+
+(2) shall not be prohibited from enrolling the land eligible under section 3839aa–23 of this title through a contract under section 3839aa–23 of this title.
+
+(Pub. L. 99–198, title XII, § 1240L–1, as added Pub. L. 115–334, title II, § 2309, Dec. 20, 2018, 132 Stat. 4569.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Agriculture Improvement Act of 2018, referred to in subsec. (g)(1), is Pub. L. 115–334, Dec. 20, 2018, 132 Stat. 4490. Title I of the Act enacted section 9071 of Title 7, Agriculture, amended sections 608c, 1308, 1308–3a, 1359bb, 1359ll, 4504, 4553, 7272, 7333, 8737, 8772, 9011 to 9017, 9031, 9032, 9034 to 9039, 9051 to 9060, 9081, 9091, 9092, and 9097 of Title 7, repealed section 9019 and former section 9071 of Title 7, and enacted provisions set out as notes under sections 608c, 1308, 1308–3a, 6932, 9051, 9052, and 9081 of Title 7 and section 6101 of Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 9001 of Title 7 and Tables.

legal/us/code/title-16/chapter-58/section-3839aa-3.md

@@ -0,0 +1,61 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–3"
+description: "Evaluation of applications"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–3"
+citation: "16 U.S.C. § 3839aa–3"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–3"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "75db32de1406907d80d40f4e0f1b92d6cf29b1716ea50f4a0c08f9ee555043cb"
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+text_hash: "70e7202e497acb1901fa4e745bc37039e263da72798bb44e25ef0ea273cb4f7e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–3 - Evaluation of applications
+
+## Text
+
+(a) Evaluation criteria The Secretary shall develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed.
+
+(b) Prioritization of applications In evaluating applications under this subpart, the Secretary shall prioritize applications—
+
+(1) based on their overall level of cost-effectiveness to ensure that the conservation practices and approaches proposed are the most efficient means of achieving the anticipated conservation benefits of the project;
+
+(2) based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;
+
+(3) that best fulfill the purposes of the program; and
+
+(4) that improve conservation practices or systems in place on the operation at the time the contract offer is accepted or that will complete a conservation system.
+
+(c) Grouping of applications To the greatest extent practicable, the Secretary shall group applications of similar crop or livestock operations for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations.
+
+(Pub. L. 99–198, title XII, § 1240C, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2504, May 22, 2008, 122 Stat. 1062; Pub. L. 110–246, § 4(a), title II, § 2504, June 18, 2008, 122 Stat. 1664, 1790; Pub. L. 113–79, title II, § 2204, Feb. 7, 2014, 128 Stat. 730; Pub. L. 115–334, title II, § 2301(d)(1)(G), Dec. 20, 2018, 132 Stat. 4554.)
+
+## Notes
+
+Editorial Notes
+
+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 ProvisionsA prior section 3839aa–3, Pub. L. 99–198, title XII, § 1240C, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1000, related to evaluation of offers and payments, prior to the general amendment of this part by Pub. L. 107–171.
+
+Amendments2018—Subsec. (b). Pub. L. 115–334 substituted “this subpart” for “this part” in introductory provisions. 2014—Subsec. (b)(1). Pub. L. 113–79, § 2204(1), substituted “conservation” for “environmental” before “benefits”. Subsec. (b)(3). Pub. L. 113–79, § 2204(2), substituted “purposes of the program” for “purpose of the environmental quality incentives program specified in section 3839aa(1) of this title” before semicolon. 2008—Pub. L. 110–246, § 2504, amended section generally. Prior to amendment, text read as follows: “In evaluating applications for cost-share payments and incentive payments, the Secretary shall accord a higher priority to assistance and payments that— “(1) encourage the use by producers of cost-effective conservation practices; and “(2) address national conservation priorities.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3839aa-4.md

@@ -0,0 +1,69 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–4"
+description: "Duties of producers"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–4"
+citation: "16 U.S.C. § 3839aa–4"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–4"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "18b4531f8fa0af2a31e49c9eb0f3c7f88ef9c4fef2717b7fa159b09e8e16b72d"
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+text_hash: "426ffc428f413a27101c40a99c848046cb2680ceefbd3b2b5ea6bf33ed77a577"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–4 - Duties of producers
+
+## Text
+
+To receive payments under the program, a producer shall agree—
+
+(1) to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary;
+
+(2) not to conduct any practices on the enrolled land that would tend to defeat the purposes of the program;
+
+(3) on the violation of a term or condition of the contract at anytime the producer has control of the land—
+
+(A) if the Secretary determines that the violation warrants termination of the contract—
+
+(i) to forfeit all rights to receive payments under the contract; and
+
+(ii) to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the payments, as determined by the Secretary; or
+
+(B) if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary determines to be appropriate;
+
+(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all payments received under the program, as determined by the Secretary;
+
+(5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and
+
+(6) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan.
+
+(Pub. L. 99–198, title XII, § 1240D, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2505, May 22, 2008, 122 Stat. 1062; Pub. L. 110–246, § 4(a), title II, § 2505, June 18, 2008, 122 Stat. 1664, 1790; Pub. L. 113–79, title II, § 2205, Feb. 7, 2014, 128 Stat. 730.)
+
+## Notes
+
+Editorial Notes
+
+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 ProvisionsA prior section 3839aa–4, Pub. L. 99–198, title XII, § 1240D, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1000, related to duties of producers, prior to the general amendment of this part by Pub. L. 107–171.
+
+Amendments2014—Par. (2). Pub. L. 113–79 substituted “enrolled” for “farm, ranch, or forest”. 2008—Pub. L. 110–246, § 2505(1), struck out “technical assistance, cost-share payments, or incentive” before “payments” in introductory provisions. Par. (2). Pub. L. 110–246, § 2505(2), substituted “farm, ranch, or forest land” for “farm or ranch”. Par. (4). Pub. L. 110–246, § 2505(3), struck out “cost-share payments and incentive” before “payments”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3839aa-5.md

@@ -0,0 +1,69 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–5"
+description: "Environmental quality incentives program plan"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–5"
+citation: "16 U.S.C. § 3839aa–5"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–5"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "2ccf19141eaa52c934b7d63fa2389ddb1895d1c428704f4b3a9dac5fccca74ad"
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+text_hash: "ab3f53af874d068df456bba8d4bdcd06fdca037d0b88ee4a285992e51b738753"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–5 - Environmental quality incentives program plan
+
+## Text
+
+(a) Plan of operations To be eligible to receive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that—
+
+(1) specifies practices covered under the program;
+
+(2) includes such terms and conditions as the Secretary considers necessary to carry out the program, including a description of the purposes to be met by the implementation of the plan;
+
+(3) in the case of a confined livestock feeding operation, provides for development and progressive implementation of a comprehensive nutrient management plan, if applicable; and
+
+(4) in the case of forest land, is consistent with the provisions of a forest management plan that is approved by the Secretary, which may include—
+
+(A) a forest stewardship plan described in section 2103a of this title;
+
+(B) another practice plan approved by the State forester; or
+
+(C) another plan determined appropriate by the Secretary.
+
+(b) Avoidance of duplication The Secretary shall—
+
+(1) consider a plan developed in order to acquire a permit under a water or air quality regulatory program as the equivalent of a plan of operations under subsection (a), if the plan contains elements equivalent to those elements required by a plan of operations; and
+
+(2) to the maximum extent practicable, eliminate duplication of planning activities under the program under this subpart and comparable conservation programs.
+
+(Pub. L. 99–198, title XII, § 1240E, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2506, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2506, June 18, 2008, 122 Stat. 1664, 1791; Pub. L. 115–334, title II, §§ 2301(d)(1)(H), 2305, Dec. 20, 2018, 132 Stat. 4554, 4561.)
+
+## Notes
+
+Editorial Notes
+
+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 ProvisionsA prior section 3839aa–5, Pub. L. 99–198, title XII, § 1240E, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1001, related to environmental quality incentives program plan, prior to the general amendment of this part by Pub. L. 107–171.
+
+Amendments2018—Subsec. (a)(3). Pub. L. 115–334, § 2305, inserted “progressive” before “implementation”. Subsec. (b)(2). Pub. L. 115–334, § 2301(d)(1)(H), substituted “this subpart” for “this part”. 2008—Subsec. (a). Pub. L. 110–246, § 2506(a)(1), (2), substituted “Plan of operations” for “In general” in heading and struck out “cost-share payments or incentive” before “payments” in introductory provisions. Subsec. (a)(4). Pub. L. 110–246, § 2506(a)(3)–(5), added par. (4). Subsec. (b). Pub. L. 110–246, § 2506(b), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary shall, to the maximum extent practicable, eliminate duplication of planning activities under the program under this part and comparable conservation programs.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3839aa-6.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–6"
+description: "Duties of the Secretary"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–6"
+citation: "16 U.S.C. § 3839aa–6"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–6"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "75457ee009c2bed91f66864ca84a9fce17f8250ab9e838e26b87115fe014e4bb"
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+text_hash: "93a1d3e622f4d087ebbf5f752482a8b9bfd98ab5f7ac74fbb03d53fc4733533d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–6 - Duties of the Secretary
+
+## Text
+
+To the extent appropriate, the Secretary shall assist a producer in achieving the conservation and environmental goals of a program plan by—
+
+(1) providing payments for developing and implementing 1 or more practices, as appropriate; and
+
+(2) providing the producer with information and training to aid in implementation of the plan.
+
+(Pub. L. 99–198, title XII, § 1240F, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 110–234, title II, § 2507, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2507, June 18, 2008, 122 Stat. 1664, 1791.)
+
+## Notes
+
+Editorial Notes
+
+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 ProvisionsA prior section 3839aa–6, Pub. L. 99–198, title XII, § 1240F, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1001, related to duties of Secretary, prior to the general amendment of this part by Pub. L. 107–171.
+
+Amendments2008—Par. (1). Pub. L. 110–246, § 2507, struck out “cost-share payments or incentive” before “payments”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3839aa-7.md

@@ -0,0 +1,49 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–7"
+description: "Limitation on payments"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–7"
+citation: "16 U.S.C. § 3839aa–7"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–7"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "ba8362d8b2118daba8c124e2b5809c871fa11f2dfefc69a1aa8c78cae973f5e8"
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+text_hash: "ed33924533d6f780d40e82690ee7c886687610da095d79d81bedbcfed3e530ff"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–7 - Limitation on payments
+
+## Text
+
+Not including payments made under section 3839aa–2(j) of this title, a person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this subpart that, in aggregate, exceed $450,000 for all contracts entered into under this subpart by the person or legal entity during the period of fiscal years 2014 through 2018, or the period of fiscal years 2019 through 2023, regardless of the number of contracts entered into under this subpart by the person or legal entity.
+
+(Pub. L. 99–198, title XII, § 1240G, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 108–447, div. A, title VII, § 794(b), Dec. 8, 2004, 118 Stat. 2852; Pub. L. 109–171, title I, § 1203(b), Feb. 8, 2006, 120 Stat. 6; Pub. L. 110–234, title II, § 2508, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2508, June 18, 2008, 122 Stat. 1664, 1791; Pub. L. 113–79, title II, § 2206, Feb. 7, 2014, 128 Stat. 730; Pub. L. 115–334, title II, §§ 2301(d)(1)(I), 2306, Dec. 20, 2018, 132 Stat. 4554, 4561.)
+
+## Notes
+
+Editorial Notes
+
+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 ProvisionsA prior section 3839aa–7, Pub. L. 99–198, title XII, § 1240G, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1001, related to limitation on payments, prior to the general amendment of this part by Pub. L. 107–171.
+
+Amendments2018—Pub. L. 115–334, § 2306, substituted “Not including payments made under section 3839aa–2(j) of this title, a person” for “A person” and inserted “or the period of fiscal years 2019 through 2023,” after “2018,”. Pub. L. 115–334, § 2301(d)(1)(I), substituted “this subpart” for “this part” wherever appearing. 2014—Pub. L. 113–79 amended section generally. Prior to amendment, section related to limitation on payments and included waiver authority in the case of contracts for projects of special environmental significance as determined by the Secretary. 2008—Pub. L. 110–246, § 2508, designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), a person or legal entity” for “An individual or entity” and “$300,000” for “$450,000”, substituted “the person” for “the individual” in two places, and added subsec. (b). 2006—Pub. L. 109–171 substituted “any six-year period” for “the period of fiscal years 2002 through 2007”. 2004—Pub. L. 108–447 inserted “(excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 3839aa–2(h) of this title)” after “2007,”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3839aa-8.md

@@ -0,0 +1,177 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–8"
+description: "Conservation innovation grants and payments"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–8"
+citation: "16 U.S.C. § 3839aa–8"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–8"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "6595eff9ad339121885399f11a6a897ce0253d0da32a8fc27bd19ce1ea5d4995"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "eda24613d4c9c1a96126dfd00ad38137bc8dd6cf4d7032f8daa1ca59bf1a14ea"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–8 - Conservation innovation grants and payments
+
+## Text
+
+(a) Competitive grants for innovative conservation approaches (1) Grants Out of the funds made available to carry out this subpart, the Secretary may pay the cost of competitive grants that are intended to stimulate innovative approaches to leveraging the Federal investment in environmental enhancement and protection, in conjunction with agricultural production or forest resource management, through the program.
+
+(2) Use The Secretary may provide grants under this subsection to governmental and non-governmental organizations and persons, on a competitive basis, to carry out projects that—
+
+(A) involve producers who are eligible for payments or technical assistance under the program or community colleges (as defined in section 3319e(a) of title 7) carrying out demonstration projects on land of the community college;
+
+(B) leverage Federal funds made available to carry out the program under this subpart with matching funds provided by State and local governments and private organizations to promote environmental enhancement and protection in conjunction with agricultural production;
+
+(C) ensure efficient and effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this section, such as market systems for pollution reduction and practices for the storage of carbon in soil;
+
+(D) provide environmental and resource conservation benefits through increased participation by producers of specialty crops;
+
+(E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations;
+
+(F) utilize edge-of-field and other monitoring practices on farms—
+
+(i) to quantify the impacts of practices implemented under the program; and
+
+(ii) to assist producers in making the best conservation investments for the operations of the producers;
+
+(G) facilitate on-farm conservation research and demonstration activities; and
+
+(H) facilitate pilot testing of new technologies or innovative conservation practices.
+
+(b) Air quality concerns from agricultural operations (1) Implementation assistance The Secretary shall provide payments under this subsection to producers to implement practices to address air quality concerns from agricultural operations and to meet Federal, State, and local regulatory requirements. The funds shall be made available on the basis of air quality concerns in a State and shall be used to provide payments to producers that are cost effective and reflect innovative technologies.
+
+(2) Funding Of the funds made available to carry out this subpart, the Secretary shall carry out this subsection using $37,500,000 for each of fiscal years 2019 through 2031.
+
+(c) On-farm conservation innovation trials (1) Definitions In this subsection:
+
+(A) Eligible entity The term “eligible entity” means, as determined by the Secretary—
+
+(i) a third-party private entity the primary business of which is related to agriculture;
+
+(ii) a nongovernmental organization with experience working with agricultural producers; or
+
+(iii) a governmental organization.
+
+(B) New or innovative conservation approach The term “new or innovative conservation approach” means—
+
+(i) new or innovative—
+
+(I) precision agriculture technologies;
+
+(II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems;
+
+(III) soil health management systems, including systems to increase soil carbon levels;
+
+(IV) water management systems;
+
+(V) resource-conserving crop rotations (as defined in section 3839aa–24(d)(1) of this title);
+
+(VI) cover crops; and
+
+(VII) irrigation systems; and
+
+(ii) any other conservation approach approved by the Secretary as new or innovative.
+
+(2) Testing new or innovative conservation approaches Using $25,000,000 of the funds made available to carry out this subpart for each of fiscal years 2019 through 2031, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches—
+
+(A) directly with producers; or
+
+(B) through eligible entities.
+
+(3) Incentive payments (A) Agreements In carrying out paragraph (2), the Secretary shall enter into agreements with producers (either directly or through eligible entities) on whose land an on-farm conservation innovation trial is being carried out to provide payments (including payments to compensate for foregone income, as appropriate to address the increased economic risk potentially associated with new or innovative conservation approaches) to the producers to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits.
+
+(B) Adjusted gross income requirements (i) In general Adjusted gross income requirements under section 1308–3a(b)(1) of title 7 shall—
+
+(I) apply to producers receiving payments under this subsection; and
+
+(II) be enforced by the Secretary.
+
+(ii) Reporting An eligible entity participating in an on-farm conservation innovation trial under this subsection shall report annually to the Secretary on the amount of payments made to individual farm operations under this subsection.
+
+(C) Limitation on administrative expenses None of the funds made available to carry out this subsection may be used to pay for the administrative expenses of an eligible entity.
+
+(D) Length of agreements An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—
+
+(i) not less than 3 years; and
+
+(ii) if appropriate, more than 3 years, including if such a period is appropriate to support—
+
+(I) adaptive management over multiple crop years; and
+
+(II) adequate data collection and analysis by a producer or eligible entity to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary.
+
+(4) Flexible adoption The scale of adoption of a new or innovative conservation approach under an on-farm conservation innovation trial under an agreement under paragraph (2) may include multiple scales on an operation, including whole farm, field-level, or sub-field scales.
+
+(5) Technical assistance The Secretary shall provide technical assistance—
+
+(A) to each producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to the design, installation, and management of the new or innovative conservation approaches; and
+
+(B) to each eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to data analyses of the on-farm conservation innovation trial.
+
+(6) Geographic scope The Secretary shall identify a diversity of geographic regions of the United States in which to establish on-farm conservation innovation trials under paragraph (2), taking into account factors such as soil type, cropping history, and water availability.
+
+(7) Soil health demonstration trial Using funds made available to carry out this subsection, the Secretary shall carry out a soil health demonstration trial under which the Secretary coordinates with eligible entities—
+
+(A) to provide incentives to producers to implement conservation practices that—
+
+(i) improve soil health;
+
+(ii) increase carbon levels in the soil; or
+
+(iii) meet the goals described in clauses (i) and (ii);
+
+(B) to establish protocols for measuring carbon levels in the soil and testing carbon levels on land where conservation practices described in subparagraph (A) were applied to evaluate gains in soil health as a result of the practices implemented by the producers in the soil health demonstration trial; and
+
+(C) (i) not later than September 30, 2020, to initiate a study regarding changes in soil health and, if feasible, economic outcomes, generated as a result of the conservation practices described in subparagraph (A) that were applied by producers through the soil health demonstration trial; and
+
+(ii) to submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate annual reports on the progress and results of the study under clause (i).
+
+(d) Reporting and database (1) Report required Not later than September 30, 2019, and every 2 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 activities funded under this section, including—
+
+(A) funding awarded;
+
+(B) results of the activities, including, if feasible, economic outcomes;
+
+(C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary; and
+
+(D) on completion of the study required under subsection (c)(7)(C), the findings of the study.
+
+(2) Conservation practice database (A) In general The Secretary shall use the data reported under paragraph (1) to establish and maintain a publicly available conservation practice database that provides—
+
+(i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; and
+
+(ii) a list of recommended new and effective conservation practices.
+
+(B) Privacy Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers.
+
+(Pub. L. 99–198, title XII, § 1240H, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 110–234, title II, § 2509, May 22, 2008, 122 Stat. 1064; Pub. L. 110–246, § 4(a), title II, § 2509, June 18, 2008, 122 Stat. 1664, 1792; Pub. L. 113–79, title II, § 2207, Feb. 7, 2014, 128 Stat. 731; Pub. L. 115–334, title II, §§ 2301(d)(1)(J), 2307, Dec. 20, 2018, 132 Stat. 4554, 4561; Pub. L. 117–169, title II, § 21001(c)(2), Aug. 16, 2022, 136 Stat. 2017.)
+
+## Notes
+
+Editorial Notes
+
+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 ProvisionsA prior section 3839aa–8, Pub. L. 99–198, title XII, § 1240H, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1002, related to temporary administration of environmental quality incentives program, prior to the general amendment of this part by Pub. L. 107–171.
+
+Amendments2022—Subsecs. (b)(2), (c)(2). Pub. L. 117–169 substituted “2031” for “2023”. 2018—Subsec. (a)(1). Pub. L. 115–334, § 2301(d)(1)(J), substituted “this subpart” for “this part”. Subsec. (a)(2)(A). Pub. L. 115–334, § 2307(a)(1), substituted “program or community colleges (as defined in section 3319e(a) of title 7) carrying out demonstration projects on land of the community college;” for “program;”. Subsec. (a)(2)(B). Pub. L. 115–334, § 2301(d)(1)(J), substituted “this subpart” for “this part”. Subsec. (a)(2)(E) to (H). Pub. L. 115–334, § 2307(a)(2), (3), added subpars. (E) and (F) and redesignated former subpars. (E) and (F) as (G) and (H), respectively. Subsec. (b)(2). Pub. L. 115–334, § 2307(b), substituted “$37,500,000 for each of fiscal years 2019 through 2023” for “$25,000,000 for each of fiscal years 2009 through 2018”. Pub. L. 115–334, § 2301(d)(1)(J), substituted “this subpart” for “this part”. Subsecs. (c), (d). Pub. L. 115–334, § 2307(c), added subsecs. (c) and (d) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “Not later than December 31, 2014, and every two years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of projects funded under this section, including— “(1) funding awarded; “(2) project results; and “(3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary.” 2014—Subsec. (a)(2)(E), (F). Pub. L. 113–79, § 2207(1), added subpars. (E) and (F). Subsec. (b)(2). Pub. L. 113–79, § 2207(2), substituted “$25,000,000” for “$37,500,000” and “2018” for “2012”. Subsec. (c). Pub. L. 113–79, § 2207(3), added subsec. (c). 2008—Pub. L. 110–246, § 2509, amended section generally. Prior to amendment, section related to conservation innovation grants.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3839aa-9.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa–9"
+description: "Repealed. Pub. L. 113–79, title II, § 2706(a), Feb. 7, 2014, 128 Stat. 769"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa–9"
+citation: "16 U.S.C. § 3839aa–9"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa–9"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "f4e938c00f3151654b6eb2ead89347efe4085a332372bc5f4c3deac8d69b3903"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "a1771b8d4ffd4abfa4cd03a2666b81bb771439067eb5605d847c88857a9e95aa"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa–9 - Repealed. Pub. L. 113–79, title II, § 2706(a), Feb. 7, 2014, 128 Stat. 769
+
+## Notes
+
+Section, Pub. L. 99–198, title XII, § 1240I, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 110–234, title II, § 2510, May 22, 2008, 122 Stat. 1064; Pub. L. 110–246, § 4(a), title II, § 2510, June 18, 2008, 122 Stat. 1664, 1792, related to agricultural water enhancement program.
+
+Statutory Notes and Related Subsidiaries
+
+Repeal; Transitional ProvisionsPub. L. 113–79, title II, § 2706, Feb. 7, 2014, 128 Stat. 769, provided that: “(a) Repeal.—Except as provided in subsection (b), section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa–9) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing contracts and agreements.—The amendment made by this section [repealing section 3839aa–9 of this title] shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1240I of the Food Security Act of 1985 ([former] 16 U.S.C. 3839aa–9) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract or agreement. “(2) Funding.—“(A) Use of prior year funds.—Notwithstanding the repeal of section 1240I of the Food Security Act of 1985 ([former] 16 U.S.C. 3839aa–9), any funds made available from the Commodity Credit Corporation to carry out the agricultural water enhancement program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance). “(B) Other.—On exhaustion of funds made available under subparagraph (A), the Secretary [of Agriculture] may use funds made available 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.], as added by section 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”

legal/us/code/title-16/chapter-58/section-3839aa.md

@@ -0,0 +1,71 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839aa"
+description: "Purposes"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839aa"
+citation: "16 U.S.C. § 3839aa"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839aa"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "31b1e3a9bf655ce06466939ed5688ef843e0fa0c645c60edfc6a3156ca7f2f89"
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+text_hash: "27d58e2d19e9a61cc2e584e80c1ddb0bb7b0eaba262c186a6b2f8523383ecb3a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839aa - Purposes
+
+## Text
+
+The purposes of the environmental quality incentives program established by this subpart are to promote agricultural production, forest management, and environmental quality as compatible goals, and to optimize environmental benefits, by—
+
+(1) assisting producers in complying with local, State, and national regulatory requirements concerning—
+
+(A) soil, water, and air quality;
+
+(B) wildlife habitat; and
+
+(C) surface and ground water conservation;
+
+(2) avoiding, to the maximum extent practicable, the need for resource and regulatory programs by assisting producers in protecting soil, water, air, and related natural resources and meeting environmental quality criteria established by Federal, State, tribal, and local agencies;
+
+(3) providing flexible assistance to producers to install and maintain conservation practices that sustain food and fiber production while—
+
+(A) enhancing soil, water, and related natural resources, including grazing land, forestland, wetland, and wildlife;
+
+(B) developing and improving wildlife habitat; and
+
+(C) conserving energy; and
+
+(4) assisting producers to make beneficial, cost-effective changes to production systems, including addressing identified, new, or expected resource concerns related to organic production, grazing management, fuels management, forest management, nutrient management associated with crops and livestock, pest management, irrigation management, adapting to, and mitigating against, increasing weather volatility, drought resiliency measures, or other practices on agricultural and forested land.
+
+(Pub. L. 99–198, title XII, § 1240, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 253; amended Pub. L. 110–234, title II, § 2501(a), May 22, 2008, 122 Stat. 1057; Pub. L. 110–246, § 4(a), title II, § 2501(a), June 18, 2008, 122 Stat. 1664, 1785; Pub. L. 113–79, title II, § 2201, Feb. 7, 2014, 128 Stat. 728; Pub. L. 115–334, title II, §§ 2301(d)(1)(D), 2302, Dec. 20, 2018, 132 Stat. 4554, 4555.)
+
+## Notes
+
+Editorial Notes
+
+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 ProvisionsA prior section 3839aa, Pub. L. 99–198, title XII, § 1240, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 996, related to purposes, prior to the general amendment of this part by Pub. L. 107–171.
+
+Amendments2018—Pub. L. 115–334, § 2301(d)(1)(D), substituted “this subpart” for “this part” in introductory provisions. Par. (4). Pub. L. 115–334, § 2302, added par. (4) and struck out former par. (4) which read as follows: “assisting producers to make beneficial, cost effective changes to production systems (including conservation practices related to organic production), grazing management, fuels management, forest management, nutrient management associated with livestock, pest or irrigation management, or other practices on agricultural and forested land.” 2014—Par. (3). Pub. L. 113–79, § 2201(1), added subpar. (B) and redesignated former subpar. (B) as (C). Par. (4). Pub. L. 113–79, § 2201(2), substituted a period for “; and” at end. Par. (5). Pub. L. 113–79, § 2201(3), struck out par. (5) which read as follows: “consolidating and streamlining conservation planning and regulatory compliance processes to reduce administrative burdens on producers and the cost of achieving environmental goals.” 2008—Pub. L. 110–246, § 2501(a)(1), inserted “, forest management,” after “agricultural production” in introductory provisions. Pars. (3), (4). Pub. L. 110–246, § 2501(a)(2), added pars. (3) and (4) and struck out former pars. (3) and (4) which read as follows: “(3) providing flexible assistance to producers to install and maintain conservation practices that enhance soil, water, related natural resources (including grazing land and wetland), and wildlife while sustaining production of food and fiber; “(4) assisting producers to make beneficial, cost effective changes to cropping systems, grazing management, nutrient management associated with livestock, pest or irrigation management, or other practices on agricultural land; and”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.
+
+Effect on Existing ContractsPub. L. 113–79, title II, § 2208, Feb. 7, 2014, 128 Stat. 731, provided that: “The amendments made by this subtitle [subtitle C (§§ 2201–2208) of title II of Pub. L. 113–79, amending this section and sections 3839aa–1 to 3839aa–4, 3839aa–7, and 3839aa–8 of this title] shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract.”

legal/us/code/title-16/chapter-58/section-3839bb-1.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839bb–1"
+description: "Repealed. Pub. L. 113–79, title II, § 2707(a), Feb. 7, 2014, 128 Stat. 769"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839bb–1"
+citation: "16 U.S.C. § 3839bb–1"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839bb–1"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "4256add6cf4ef0bcf6030fb1752d85fa83fcb2d2b044510aeacda7b2aa775f54"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839bb–1 - Repealed. Pub. L. 113–79, title II, § 2707(a), Feb. 7, 2014, 128 Stat. 769
+
+## Notes
+
+Section, Pub. L. 99–198, title XII, § 1240N, as added Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 266; amended Pub. L. 110–234, title II, § 2602, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2602, June 18, 2008, 122 Stat. 1664, 1796, related to wildlife habitat incentive program.
+
+Statutory Notes and Related Subsidiaries
+
+Repeal; Transitional ProvisionsPub. L. 113–79, title II, § 2707, Feb. 7, 2014, 128 Stat. 769, provided that: “(a) Repeal.—Except as provided in subsection (b), section 1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb–1) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing contracts and agreements.—The amendment made by this section [repealing section 3839bb–1 of this title] shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1240N of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–1) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract or agreement. “(2) Funding.—“(A) Use of prior year funds.—Notwithstanding the repeal of section 1240N of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–1), any funds made available from the Commodity Credit Corporation to carry out the wildlife habitat incentive program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts or agreements referred to in paragraph (1) which were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance). “(B) Other.—On exhaustion of funds made available under subparagraph (A), the Secretary [of Agriculture] may use funds made available to carry out the environmental quality incentives program under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) to continue to carry out contracts or agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts or agreements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”

legal/us/code/title-16/chapter-58/section-3839bb-2.md

@@ -0,0 +1,61 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839bb–2"
+description: "Grassroots source water protection program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839bb–2"
+citation: "16 U.S.C. § 3839bb–2"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839bb–2"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "eca3d749e2189eb21a7b12cb0d0016679c5fa52f5f5bb091995e8ad369b23943"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "e289b82351a3573598f6172353920be55bd7a8e24af9f8039d1649429ee3f2d2"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839bb–2 - Grassroots source water protection program
+
+## Text
+
+(a) In general The Secretary shall establish a national grassroots water protection program to more effectively use onsite technical assistance capabilities of each State rural water association that, as of May 13, 2002, operates a wellhead or groundwater protection program in the State.
+
+(b) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2008 through 2031.
+
+(2) Availability of funds In addition to funds made available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use $5,000,000, to remain available until expended.
+
+(3) Additional funding In addition to any other funds made available under this subsection, of the funds of the Commodity Credit Corporation, the Secretary shall use—
+
+(A) $5,000,000 beginning in fiscal year 2019, to remain available until expended;
+
+(B) $1,000,000 beginning in fiscal year 2024, to remain available until expended; and
+
+(C) $1,000,000 beginning in fiscal year 2026, to remain available until expended.
+
+(Pub. L. 99–198, title XII, § 1240O, as added Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2603, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2603, June 18, 2008, 122 Stat. 1664, 1796; Pub. L. 113–79, title II, § 2502, Feb. 7, 2014, 128 Stat. 751; Pub. L. 115–334, title II, § 2405, Dec. 20, 2018, 132 Stat. 4573; Pub. L. 118–22, div. B, title I, § 102(d)(1)(A), Nov. 17, 2023, 137 Stat. 116; Pub. L. 119–21, title I, § 10601(c), July 4, 2025, 139 Stat. 108.)
+
+## Notes
+
+Editorial Notes
+
+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.
+
+Amendments2025—Subsec. (b)(1). Pub. L. 119–21, § 10601(c)(1), substituted “2031” for “2023”. Subsec. (b)(3)(C). Pub. L. 119–21, § 10601(c)(2), added subpar. (C). 2023—Subsec. (b)(3). Pub. L. 118–22 inserted dash after “use”, designated remainder of existing provisions as subpar. (A), and added subpar. (B). 2018—Subsec. (b)(1). Pub. L. 115–334, § 2405(a), substituted “2023” for “2018”. Subsec. (b)(3). Pub. L. 115–334, § 2405(b), added par. (3). 2014—Subsec. (b). Pub. L. 113–79 amended subsec. (b) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2008 through 2012.” 2008—Subsec. (b). Pub. L. 110–246, § 2603, substituted “$20,000,000 for each of fiscal years 2008 through 2012” for “$5,000,000 for each of fiscal years 2002 through 2007”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2023 AmendmentAmendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of Title 7, Agriculture.
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3839bb-3.md

@@ -0,0 +1,33 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839bb–3"
+description: "Repealed. Pub. L. 113–79, title II, § 2708, Feb. 7, 2014, 128 Stat. 770"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839bb–3"
+citation: "16 U.S.C. § 3839bb–3"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839bb–3"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "18da3c1da42e2a24c6738822eaf9e8827c91187b175241d96ca87e54505f59a4"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "7a21ba6edbe73db734a535a872bd424b6739a4ae352b9a08f69d45f557374569"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839bb–3 - Repealed. Pub. L. 113–79, title II, § 2708, Feb. 7, 2014, 128 Stat. 770
+
+## Notes
+
+Section, Pub. L. 99–198, title XII, § 1240P, as added Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2604, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2604, June 18, 2008, 122 Stat. 1664, 1796, related to Great Lakes basin program for soil erosion and sediment control.

legal/us/code/title-16/chapter-58/section-3839bb-4.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839bb–4"
+description: "Repealed. Pub. L. 113–79, title II, § 2709(a), Feb. 7, 2014, 128 Stat. 770"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839bb–4"
+citation: "16 U.S.C. § 3839bb–4"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839bb–4"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "56b1effb3c7af3349131c93fd35a2f13dc90ca85c1ab6e81ccba5087a93ae872"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "17a40a35765ab4c26bde9fd58a0dd5902731d0acd4b87c7f6b4a368e0090f1a4"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839bb–4 - Repealed. Pub. L. 113–79, title II, § 2709(a), Feb. 7, 2014, 128 Stat. 770
+
+## Notes
+
+Section, Pub. L. 99–198, title XII, § 1240Q, as added Pub. L. 110–234, title II, § 2605, May 22, 2008, 122 Stat. 1069, and Pub. L. 110–246, § 4(a), title II, § 2605, June 18, 2008, 122 Stat. 1664, 1797, related to conservation activities on agricultural lands in the Chesapeake Bay watershed.
+
+Statutory Notes and Related Subsidiaries
+
+Repeal; Transitional ProvisionsPub. L. 113–79, title II, § 2709, Feb. 7, 2014, 128 Stat. 770, provided that: “(a) Repeal.—Except as provided in subsection (b), section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb–4) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing contracts, agreements, and easements.—The amendment made by this section [repealing section 3839bb–4 of this title] shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under section 1240Q of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–4) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract, agreement, or easement. “(2) Funding.—“(A) Use of prior year funds.—Notwithstanding the repeal of section 1240Q of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–4), any funds made available from the Commodity Credit Corporation to carry out the Chesapeake Bay watershed program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, and easements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance). “(B) Other.—The Secretary [of Agriculture] may use funds made available 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.], as added by section 2401, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”

legal/us/code/title-16/chapter-58/section-3839bb-5.md

@@ -0,0 +1,87 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839bb–5"
+description: "Voluntary public access and habitat incentive program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839bb–5"
+citation: "16 U.S.C. § 3839bb–5"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839bb–5"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "243b2518b21077c11c92629215b5ea39ba0d2c9c17c088321e5dfe618fe435ec"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "9be2a3670ed7e174c24fb99902ea6a539505c2bc0a0284d3026c8c372d24010b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839bb–5 - Voluntary public access and habitat incentive program
+
+## Text
+
+(a) Establishment The Secretary shall establish a voluntary public access program under which States and tribal governments may apply for funding to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting or fishing under programs administered by the States and tribal governments.
+
+(b) Applications In submitting applications for funding under the program, a State or tribal government shall describe—
+
+(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for—
+
+(A) hunting and fishing; and
+
+(B) to the maximum extent practicable, other recreational purposes; and
+
+(2) the methods that will be used to achieve those benefits.
+
+(c) Priority In approving applications and awarding funding under the program, the Secretary shall give priority to States and tribal governments that propose—
+
+(1) to maximize participation by offering a program the terms of which are likely to meet with widespread acceptance among landowners;
+
+(2) to ensure that land enrolled under the State or tribal government program has appropriate wildlife habitat;
+
+(3) to strengthen wildlife habitat improvement efforts on land enrolled in a conservation reserve enhancement program under section 3831a of this title or on land covered by a wetland reserve easement under section 3865c of this title by providing incentives to increase public hunting and other recreational access on that land;
+
+(4) to use additional Federal, State, tribal government, or private resources in carrying out the program; and
+
+(5) to make available to the public the location of land enrolled.
+
+(d) Relationship to other laws (1) No preemption Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law.
+
+(2) Effect of inconsistent opening dates for migratory bird hunting The Secretary shall reduce by 25 percent the amount of funding otherwise determined for a State under the program if the opening dates for migratory bird hunting in the State are not consistent for residents and non-residents.
+
+(e) Regulations The Secretary shall promulgate such regulations as are necessary to carry out this section.
+
+(f) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012, $40,000,000 for the period of fiscal years 2014 through 2018, $50,000,000 for the period of fiscal years 2019 through 2023, $10,000,000 for fiscal year 2024, and $70,000,000 for the period of fiscal years 2025 through 2031.
+
+(2) Enhanced public access to wetland reserve easements To the maximum extent practicable, of the funds made available under paragraph (1), the Secretary shall use $3,000,000 for the period of fiscal years 2019 through 2023 to encourage public access to land covered by wetland reserve easements under section 3865c of this title through agreements with States and tribal governments under this section.
+
+(3) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013.
+
+(Pub. L. 99–198, title XII, § 1240R, as added Pub. L. 110–234, title II, § 2606, May 22, 2008, 122 Stat. 1070, and Pub. L. 110–246, § 4(a), title II, § 2606, June 18, 2008, 122 Stat. 1664, 1798; amended Pub. L. 112–240, title VII, § 701(c)(2), Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title II, § 2503(a), Feb. 7, 2014, 128 Stat. 751; Pub. L. 115–334, title II, §§ 2202(b)(1), 2406, Dec. 20, 2018, 132 Stat. 4537, 4573; Pub. L. 118–22, div. B, title I, § 102(d)(1)(B), Nov. 17, 2023, 137 Stat. 116; Pub. L. 119–21, title I, § 10601(d), July 4, 2025, 139 Stat. 108.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 3834(f)(4) of this title, referred to in subsec. (c)(3), was redesignated as section 3834(g)(2) of this title by Pub. L. 113–79, title II, §§ 2005(b)(2), (e)(3), Feb. 7, 2014, 128 Stat. 718, 719.
+
+Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
+
+Amendments2025—Subsec. (f)(1). Pub. L. 119–21 substituted “2023,” for “2023, and” and inserted “, and $70,000,000 for the period of fiscal years 2025 through 2031” before period at end. 2023—Subsec. (f)(1). Pub. L. 118–22 struck out “and” after “through 2018,” and inserted “, and $10,000,000 for fiscal year 2024” after “through 2023”. 2018—Subsec. (a). Pub. L. 115–334, § 2406(1), substituted “funding” for “grants”. Subsec. (b). Pub. L. 115–334, § 2406(2), substituted “funding” for “a grant” in introductory provisions. Subsec. (c). Pub. L. 115–334, § 2406(1), substituted “funding” for “grants” in introductory provisions. Subsec. (c)(3). Pub. L. 115–334, § 2406(3), inserted “or on land covered by a wetland reserve easement under section 3865C of this title” before “by providing”. Pub. L. 115–334, § 2202(b)(1), substituted “a conservation reserve enhancement program under section 3831a of this title” for “a special conservation reserve enhancement program described in section 3834(f)(4) of this title”. Subsec. (d)(2). Pub. L. 115–334, § 2406(2), substituted “funding” for “a grant”. Subsec. (f)(1). Pub. L. 115–334, § 2406(4)(A), substituted “2009 through 2012,” for “2009 through 2012 and” and inserted “, and $50,000,000 for the period of fiscal years 2019 through 2023” before period at end. Subsec. (f)(2), (3). Pub. L. 115–334, § 2406(4)(B), (C), added par. (2) and redesignated former par. (2) as (3). 2014—Subsec. (f)(1). Pub. L. 113–79, in heading, substituted “Mandatory funding” for “Fiscal years 2009 through 2012” and in text, inserted “and $40,000,000 for the period of fiscal years 2014 through 2018” before period at end. 2013—Subsec. (f). Pub. L. 112–240 added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “Of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2023 AmendmentAmendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of Title 7, Agriculture.
+
+Effective Date of 2013 AmendmentAmendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of Title 7, Agriculture.
+
+Effective DateEnactment 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 a note under section 8701 of Title 7, Agriculture.

legal/us/code/title-16/chapter-58/section-3839bb-6.md

@@ -0,0 +1,155 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839bb–6"
+description: "Terminal lakes assistance"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839bb–6"
+citation: "16 U.S.C. § 3839bb–6"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839bb–6"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "4a325c1a5a8d4c007d5622726f35ca99831952c42be05b666b6308ace60af93e"
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+text_hash: "49b88e0f3874fa837b3cb3b0f97aba395ab3adf745c0cfe9ef60a57a2eb92b4a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839bb–6 - Terminal lakes assistance
+
+## Text
+
+(a) Definitions In this section:
+
+(1) Eligible land The term “eligible land” means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)—
+
+(A) that a landowner voluntarily agrees to sell to a State; and
+
+(B) which—
+
+(i) (I) is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 11 See References in Text note below. of the Food Security Act of 1985;
+
+(II) is flooded to—
+
+(aa) an average depth of at least 6.5 feet; or
+
+(bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or
+
+(III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding);
+
+(ii) is located within a watershed with water rights available for lease or purchase; and
+
+(iii) has been used during at least 5 of the immediately preceding 30 years—
+
+(I) to produce crops or hay; or
+
+(II) as livestock pasture or grazing.
+
+(2) Program The term “program” means the voluntary land purchase program established under this section.
+
+(3) Terminal lake The term “terminal lake” means a lake and its associated riparian and watershed resources that is—
+
+(A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or
+
+(B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water available to meet the needs of the lake, general uses, and water rights.
+
+(b) Assistance The Secretary shall—
+
+(1) provide grants under subsection (c) for the purchase of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and
+
+(2) provide funds to the Secretary of the Interior pursuant to subsection (e)(2) with assistance in accordance with subsection (d) for terminal lakes described in subsection (a)(3)(B).
+
+(c) Land purchase grants (1) In general Using funds provided under subsection (e)(1), the Secretary shall make available land purchase grants to States for the purchase of eligible land in accordance with this subsection.
+
+(2) Implementation (A) Amount A land purchase grant shall be in an amount not to exceed the lesser of—
+
+(i) 50 percent of the total purchase price per acre of the eligible land; or
+
+(ii) (I) in the case of eligible land that was used to produce crops or hay, $400 per acre; and
+
+(II) in the case of eligible land that was pasture or grazing land, $200 per acre.
+
+(B) Determination of purchase price A State purchasing eligible land with a land purchase grant shall ensure, to the maximum extent practicable, that the purchase price of such land reflects the value, if any, of other encumbrances on the eligible land to be purchased, including easements and mineral rights.
+
+(C) Cost-share required To be eligible to receive a land purchase grant, a State shall provide matching non-Federal funds in an amount equal to 50 percent of the amount described in subparagraph (A), including additional non-Federal funds.
+
+(D) Conditions To receive a land purchase grant, a State shall agree—
+
+(i) to ensure that any eligible land purchased is—
+
+(I) conveyed in fee simple to the State; and
+
+(II) free from mortgages or other liens at the time title is transferred;
+
+(ii) to maintain ownership of the eligible land in perpetuity;
+
+(iii) to pay (from funds other than grant dollars awarded) any costs associated with the purchase of eligible land under this section, including surveys and legal fees; and
+
+(iv) to keep eligible land in a conserving use, as defined by the Secretary.
+
+(E) Loss of Federal benefits Eligible land purchased with a grant under this section shall lose eligibility for any benefits under other Federal programs, including—
+
+(i) benefits under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.);
+
+(ii) benefits under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
+
+(iii) covered benefits described in section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a).
+
+(F) Prohibition Any Federal rights or benefits associated with eligible land prior to purchase by a State may not be transferred to any other land or person in anticipation of or as a result of such purchase.
+
+(d) Water assistance (1) In general The Secretary of the Interior, acting through the Commissioner of Reclamation, may use the funds described in subsection (e)(2) to administer and provide financial assistance to carry out this subsection to provide water and assistance to a terminal lake described in subsection (a)(3)(B) through willing sellers or willing participants only—
+
+(A) to lease water;
+
+(B) to purchase land, water appurtenant to the land, and related interests; and
+
+(C) to carry out research, support, and conservation activities for associated fish, wildlife, plant, and habitat resources.
+
+(2) Exclusions The Secretary of the Interior may not use this subsection to deliver assistance to the Great Salt Lake in Utah, lakes that are considered dry lakes, or other lakes that do not meet the purposes of this section, as determined by the Secretary of the Interior.
+
+(3) Transitional provision (A) In general Notwithstanding any other provision of this section, any funds made available before February 7, 2014, under a provision of law described in subparagraph (B) shall remain available using the provisions of law (including regulations) in effect on the day before February 7, 2014.
+
+(B) Described laws The provisions of law described in this section are—
+
+(i) section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171) (as in effect on the day before February 7, 2014);
+
+(ii) section 207 of the Energy and Water Development Appropriations Act, 2003 (Public Law 108–7; 117 Stat. 146);
+
+(iii) section 208 of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2268, 123 Stat. 2856); and
+
+(iv) section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2858, 123 Stat. 2967, 125 Stat. 867).
+
+(e) Funding (1) Commodity Credit Corporation As soon as practicable after February 7, 2014, the Secretary shall transfer to the “Bureau of Reclamation—Water and Related Resources” account $150,000,000 from the funds of the Commodity Credit Corporation to carry out subsection (d), to remain available until expended.
+
+(2) No additional funds (A) In general Nothing in this section authorizes any additional funds to carry out this section.
+
+(B) Availability of funds Any funds made available to carry out this section before December 20, 2018, may remain available until expended.
+
+(f) Termination of authority The authority provided by this section shall terminate on October 1, 2025.
+
+(Pub. L. 107–171, title II, § 2507, May 13, 2002, 116 Stat. 275; Pub. L. 110–234, title II, § 2807, May 22, 2008, 122 Stat. 1090; Pub. L. 110–246, § 4(a), title II, § 2807, June 18, 2008, 122 Stat. 1664, 1818; Pub. L. 111–85, title II, § 207, Oct. 28, 2009, 123 Stat. 2858; Pub. L. 112–74, div. B, title II, § 208(a), Dec. 23, 2011, 125 Stat. 866; Pub. L. 113–79, title II, § 2507, Feb. 7, 2014, 128 Stat. 753; Pub. L. 115–334, title II, § 2821(d), Dec. 20, 2018, 132 Stat. 4603; Pub. L. 117–361, § 1, Jan. 5, 2023, 136 Stat. 6294.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Food Security Act of 1985, referred to in subsecs. (a)(1)(B)(i)(I) and (c)(2)(E)(i), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to this chapter. Subtitle H of the Food Security Act of 1985 probably means subtitle H (§ 1265 et seq.) of title XII of Pub. L. 99–198, which is classified generally to subchapter VII of this chapter. 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. The Federal Crop Insurance Act, referred to in subsec. (c)(2)(E)(ii), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables. Section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171) (as in effect on the day before February 7, 2014), referred to in subsec. (d)(3)(B)(i), is section 2507 of Pub. L. 107–171, title II, May 13, 2002, 116 Stat. 275, which was classified as a note under section 2211 of Title 43, Public Lands, prior to being amended generally by Pub. L. 113–79 and editorially reclassified as this section. Section 207 of the Energy and Water Development Appropriations Act, 2003, referred to in subsec. (d)(3)(B)(ii), is section 207 of Pub. L. 108–7, div. D, title II, Feb. 20, 2003, 117 Stat. 146, which is not classified to the Code. Section 208 of the Energy and Water Development Appropriations Act, 2006, referred to in subsec. (d)(3)(B)(iii), is section 208 of Pub. L. 109–103, title II, Nov. 19, 2005, 119 Stat. 2268, which is not classified to the Code. Section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010, referred to in subsec. (d)(3)(B)(iv), is section 208 of Pub. L. 111–85, title II, Oct. 28, 2009, 123 Stat. 2858, which is not classified to the Code.
+
+Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of title XII of Pub. L. 99–198 which comprises this chapter. Section was formerly set out as a note under section 2211 of Title 43, Public Lands.
+
+Amendments2023—Subsec. (f). Pub. L. 117–361 substituted “2025” for “2023”. 2018—Subsec. (e). Pub. L. 115–334, § 2821(d)(1), added par. (2), redesignated former par. (2) as (1), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “There is authorized to be appropriated to the Secretary to carry out subsection (c) $25,000,000, to remain available until expended.” Subsec. (f). Pub. L. 115–334, § 2821(d)(2), added subsec. (f). 2014—Pub. L. 113–79 amended section generally. Prior to amendment, section directed Secretary of Agriculture, subject to certain other provisions, to transfer $175,000,000 of the funds of the Commodity Credit Corporation to the Bureau of Reclamation Water and Related Resources Account to provide water to at-risk natural desert terminal lakes. 2011—Subsec. (b). Pub. L. 112–74, § 208(a)(1), substituted “For the benefit of at-risk natural desert terminal lakes and associated riparian and watershed resources, in any case in which there are willing sellers or willing participants” for “In any case in which there are willing sellers” in introductory provisions. Subsec. (b)(2). Pub. L. 112–74, § 208(a)(2), struck out “in the Walker River Basin in accordance with section 208(a)(1)(A) of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2268)” before “; and”. Subsec. (b)(3). Pub. L. 112–74, § 208(a)(3), struck out “in the Walker River Basin” before period at end. 2009—Subsec. (b)(3). Pub. L. 111–85 added par. (3). 2008—Subsec. (a). Pub. L. 110–246, § 2807(1), substituted “Transfer” for “In general” in heading and “Subject to subsection (b) and paragraph (1) of section 207(a) of Public Law 108–7 (117 Stat. 146), notwithstanding paragraph (3) of that section, on the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary of Agriculture shall transfer $175,000,000” for “Subject to subsection (b), as soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall transfer $200,000,000” in text and deleted quotation marks before “(1)” and “(2)”. Subsec. (b). Pub. L. 110–246, § 2807(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The funds described in subsection (a) shall not be used to purchase or lease water rights.”
+
+Statutory Notes and Related Subsidiaries
+
+Transfer of FundsPub. L. 107–206, title I, § 103, Aug. 2, 2002, 116 Stat. 823, provided that not later than 14 days after Aug. 2, 2002, the Secretary of Agriculture was to carry out a transfer of funds under former section 2507(a) of Pub. L. 107–171.

legal/us/code/title-16/chapter-58/section-3839bb.md

@@ -0,0 +1,141 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3839bb"
+description: "Conservation of private grazing land"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3839bb"
+citation: "16 U.S.C. § 3839bb"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3839bb"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "fc5df205e4cf44a34e8dcadee960c1eec57930697f21c3e87107b053e63ac9de"
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+text_hash: "103998e08c3ac23bc1fe575f81a5a9b0b9e60cd3523a305be9ec7a69923c9105"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3839bb - Conservation of private grazing land
+
+## Text
+
+(a) Purpose It is the purpose of this section to authorize the Secretary to provide a coordinated technical, educational, and related assistance program to conserve and enhance private grazing land resources and provide related benefits to all citizens of the United States by—
+
+(1) establishing a coordinated and cooperative Federal, State, and local grazing conservation program for management of private grazing land;
+
+(2) strengthening technical, educational, and related assistance programs that provide assistance to owners and managers of private grazing land;
+
+(3) conserving and improving wildlife habitat on private grazing land;
+
+(4) conserving and improving fish habitat and aquatic systems through grazing land conservation treatment;
+
+(5) protecting and improving water quality;
+
+(6) improving the dependability and consistency of water supplies;
+
+(7) identifying and managing weed, noxious weed, and brush encroachment problems on private grazing land; and
+
+(8) integrating conservation planning and management decisions by owners and managers of private grazing land, on a voluntary basis.
+
+(b) Definitions In this section:
+
+(1) Department The term “Department” means the Department of Agriculture.
+
+(2) Private grazing land The term “private grazing land” means private, State-owned, tribally-owned, and any other non-federally owned rangeland, pastureland, grazed forest land, and hay land.
+
+(3) Secretary The term “Secretary” means the Secretary of Agriculture.
+
+(c) Private grazing land conservation assistance (1) Assistance to grazing landowners and others Subject to the availability of appropriations for this section, the Secretary shall establish a voluntary program to provide technical, educational, and related assistance to owners and managers of private grazing land and public agencies, through local conservation districts, to enable the landowners, managers, and public agencies to voluntarily carry out activities that are consistent with this section, including—
+
+(A) maintaining and improving private grazing land and the multiple values and uses that depend on private grazing land;
+
+(B) implementing grazing land management technologies;
+
+(C) managing resources on private grazing land, including—
+
+(i) planning, managing, and treating private grazing land resources;
+
+(ii) ensuring the long-term sustainability of private grazing land resources;
+
+(iii) harvesting, processing, and marketing private grazing land resources; and
+
+(iv) identifying and managing weed, noxious weed, and brush encroachment problems;
+
+(D) protecting and improving the quality and quantity of water yields from private grazing land;
+
+(E) maintaining and improving wildlife and fish habitat on private grazing land;
+
+(F) enhancing recreational opportunities on private grazing land;
+
+(G) maintaining and improving the aesthetic character of private grazing land;
+
+(H) identifying the opportunities and encouraging the diversification of private grazing land enterprises; and
+
+(I) encouraging the use of sustainable grazing systems, such as year-round, rotational, or managed grazing.
+
+(2) Program elements (A) Funding If funding is provided to carry out this section, it shall be provided through a specific line-item in the annual appropriations for the Natural Resources Conservation Service.
+
+(B) Technical assistance and education Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, at the request of the owners and managers.
+
+(C) Partnerships In carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with—
+
+(i) land-grant colleges and universities (as defined in section 3103 of title 7); and
+
+(ii) nongovernmental organizations.
+
+(d) Grazing technical assistance self-help (1) Findings Congress finds that—
+
+(A) there is a severe lack of technical assistance for farmers and ranchers that graze livestock;
+
+(B) Federal budgetary constraints preclude any significant expansion, and may force a reduction of, current levels of technical support; and
+
+(C) farmers and ranchers have a history of cooperatively working together to address common needs in the promotion of their products and in the drainage of wet areas through drainage districts.
+
+(2) Establishment of grazing demonstration In accordance with paragraph (3), the Secretary may establish 2 grazing management demonstration districts at the recommendation of the grazing land conservation initiative steering committee.
+
+(3) Procedure (A) Proposal Within a reasonable time after the submission of a request of an organization of farmers or ranchers engaged in grazing, the Secretary shall propose that a grazing management district be established.
+
+(B) Funding The terms and conditions of the funding and operation of the grazing management district shall be proposed by the producers.
+
+(C) Approval The Secretary shall approve the proposal if the Secretary determines that the proposal—
+
+(i) is reasonable;
+
+(ii) will promote sound grazing practices; and
+
+(iii) contains provisions similar to the provisions contained in the beef promotion and research order issued under section 2903 of title 7 in effect on April 4, 1996.
+
+(D) Area included The area proposed to be included in a grazing management district shall be determined by the Secretary on the basis of an application by farmers or ranchers.
+
+(E) Authorization The Secretary may use authority under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to operate, on a demonstration basis, a grazing management district.
+
+(F) Activities The activities of a grazing management district shall be scientifically sound activities, as determined by the Secretary in consultation with a technical advisory committee composed of ranchers, farmers, and technical experts.
+
+(e) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2002 through 2023.
+
+(Pub. L. 99–198, title XII, § 1240M, as added Pub. L. 104–127, title III, § 335, Apr. 4, 1996, 110 Stat. 1002; amended Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 264; Pub. L. 110–234, title II, § 2601, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2601, June 18, 2008, 122 Stat. 1664, 1796; Pub. L. 113–79, title II, § 2501, Feb. 7, 2014, 128 Stat. 751; Pub. L. 115–334, title II, § 2404, Dec. 20, 2018, 132 Stat. 4572.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Agricultural Adjustment Act, referred to in subsec. (d)(3)(E), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, which is classified generally to chapter 26 (§ 601 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 7 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.
+
+Amendments2018—Subsec. (c)(2)(C). Pub. L. 115–334, § 2404(1), added subpar. (C). Subsec. (e). Pub. L. 115–334, § 2404(2), substituted “2023” for “2018”. 2014—Subsec. (e). Pub. L. 113–79 substituted “2018” for “2012”. 2008—Subsec. (e). Pub. L. 110–246, § 2601, substituted “2012” for “2007”. 2002—Pub. L. 107–171 amended section catchline and text generally. Prior to amendment, section required the Secretary to establish conservation farm option pilot programs for producers of wheat, feed grains, cotton, and rice.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3842.md

@@ -0,0 +1,165 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3842"
+description: "Delivery of technical assistance"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3842"
+citation: "16 U.S.C. § 3842"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3842"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "e5652f3106d41f1ae2a87ba90b129fe582ab8a49d59ca2cfc5103a34a45f18a0"
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+text_hash: "acb044b702ca56cc3cb93dff52dde3b4554e5c574f13a95e1fd18396f25db4bf"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3842 - Delivery of technical assistance
+
+## Text
+
+(a) Definitions In this section:
+
+(1) Eligible participant The term “eligible participant” means a producer, landowner, or entity that is participating in, or seeking to participate in, programs in which the producer, landowner, or entity is otherwise eligible to participate under this chapter or the agricultural management assistance program under section 1524(b) of title 7.
+
+(2) Third-party provider The term “third-party provider” means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity (as defined by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Federal agency, that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed planning, or environmental engineering.
+
+(b) Purpose of technical assistance The purpose of technical assistance authorized by this section is to provide eligible participants with consistent, science-based, site-specific practices designed to achieve conservation objectives on land active in agricultural, forestry, or related uses.
+
+(c) Provision of technical assistance The Secretary shall provide technical assistance under this chapter to an eligible participant—
+
+(1) directly;
+
+(2) through an agreement with a third-party provider; or
+
+(3) at the option of the eligible participant, through a payment, as determined by the Secretary, to the eligible participant for an approved third-party provider, if available.
+
+(d) Non-Federal assistance The Secretary may request the services of, and enter into cooperative agreements or contracts with, other agencies within the Department or non-Federal entities to assist the Secretary in providing technical assistance necessary to assist in implementing conservation programs under this chapter.
+
+(e) Certification of third-party providers (1) Purpose The purpose of the third-party provider program is to increase the availability and range of technical expertise available to eligible participants to plan and implement conservation measures.
+
+(2) Regulations Not later than 180 days after the date of the enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall promulgate such regulations as are necessary to carry out this section.
+
+(3) Expertise In promulgating such regulations, the Secretary, to the maximum extent practicable, shall—
+
+(A) ensure that persons with expertise in the technical aspects of conservation planning, watershed planning, and environmental engineering, including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies, are eligible to become approved providers of the technical assistance;
+
+(B) provide national criteria for the certification of third-party providers; and
+
+(C) approve any unique certification standards established at the State level.
+
+(4) Certification process The Secretary shall certify a third-party provider through—
+
+(A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; or
+
+(B) a non-Federal entity approved by the Secretary to perform the certification.
+
+(5) Streamlined certification The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a sustainability certification.
+
+(f) Administration (1) Funding Effective for fiscal year 2008 and each subsequent fiscal year, funds of the Commodity Credit Corporation made available to carry out technical assistance for each of the programs specified in section 3841 of this title shall be available for the provision of technical assistance from third-party providers under this section.
+
+(2) Term of agreement An agreement with a third-party provider under this section shall have a term that—
+
+(A) at a minimum, is equal to the period beginning on the date on which the agreement is entered into and ending on the date that is 1 year after the date on which all activities performed pursuant to the agreement have been completed;
+
+(B) does not exceed 3 years; and
+
+(C) can be renewed, as determined by the Secretary.
+
+(3) Review of certification requirements Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall—
+
+(A) review certification requirements for third-party providers; and
+
+(B) make any adjustments considered necessary by the Secretary to improve participation.
+
+(4) Eligible activities (A) Inclusion of activities The Secretary may include as activities eligible for payments to a third-party provider—
+
+(i) technical services provided directly to eligible participants, such as conservation planning, education and outreach, and assistance with design and implementation of conservation practices; and
+
+(ii) related technical assistance services that accelerate conservation program delivery.
+
+(B) Exclusions The Secretary shall not designate as an activity eligible for payments to a third-party provider any service that is provided by a business, or equivalent, in connection with conducting business and that is customarily provided at no cost.
+
+(5) Payment amounts The Secretary shall establish fair and reasonable amounts of payments for technical services provided by third-party providers.
+
+(g) Availability of technical services (1) In general In carrying out the programs under this chapter and the agricultural management assistance program under section 1524 of title 7, the Secretary shall make technical services available to all eligible participants who are installing an eligible practice.
+
+(2) Technical service contracts In any case in which financial assistance is not provided under a program referred to in paragraph (1), the Secretary may enter into a technical service contract with the eligible participant for the purposes of assisting in the planning, design, or installation of an eligible practice.
+
+(h) Review of conservation practice standards (1) Review required The Secretary shall—
+
+(A) not later than 1 year after December 20, 2018, complete a review of each conservation practice standard, including engineering design specifications, in effect on the day before December 20, 2018;
+
+(B) ensure, to the maximum extent practicable, the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs, including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and such other needs as are determined by the Secretary;
+
+(C) ensure that the standards provide for the optimal balance between meeting site-specific conservation needs and minimizing risks of design failure and associated costs of construction and installation; and
+
+(D) evaluate opportunities to increase flexibility in conservation practice standards in a manner that ensures equivalent natural resource benefits.
+
+(2) Consultation In conducting the review under paragraph (1), the Secretary shall consult with eligible participants, State technical committees established under section 3861(a) of this title, crop consultants, cooperative extension and land grant universities, nongovernmental organizations, and other qualified entities.
+
+(3) Expedited revision of standards Not later than 1 year after December 20, 2018, the Secretary shall develop for the programs under this chapter an administrative process for—
+
+(A) expediting the establishment and revision of conservation practice standards;
+
+(B) considering conservation innovations and scientific and technological advancements with respect to any establishment or revision under subparagraph (A);
+
+(C) allowing local flexibility in the creation of—
+
+(i) interim practice standards and supplements to existing practice standards to address the considerations described in subparagraph (B); and
+
+(ii) partnership-led proposals for new and innovative techniques to facilitate implementing agreements and grants under this title; and
+
+(D) soliciting regular input from State technical committees established under section 3861(a) of this title for recommendations that identify innovations or advancements described in subparagraph (B).
+
+(4) Report Not later than 2 years after December 20, 2018, and every 2 years thereafter, the Secretary shall submit to Congress a report on—
+
+(A) the administrative process developed under paragraph (3);
+
+(B) conservation practice standards that were established or revised under that process; and
+
+(C) conservation innovations that were considered under that process.
+
+(i) Addressing concerns of specialty crop, organic, and precision agriculture producers (1) In general The Secretary shall—
+
+(A) to the maximum extent practicable, fully incorporate specialty crop production, organic crop production, and precision agriculture into the conservation practice standards; and
+
+(B) provide for the appropriate range of conservation practices and resource mitigation measures available to producers involved with organic or specialty crop production or precision agriculture.
+
+(2) Availability of adequate technical assistance (A) In general The Secretary shall ensure that adequate technical assistance is available for the implementation of conservation practices by producers involved with organic, specialty crop production, or precision agriculture through Federal conservation programs.
+
+(B) Requirements In carrying out subparagraph (A), the Secretary shall develop—
+
+(i) programs that meet specific needs of producers involved with organic, specialty crop production or precision agriculture through cooperative agreements with other agencies and nongovernmental organizations; and
+
+(ii) program specifications that allow for innovative approaches to engage local resources in providing technical assistance for planning and implementation of conservation practices.
+
+(Pub. L. 99–198, title XII, § 1242, as added Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 279; amended Pub. L. 110–234, title II, § 2706, May 22, 2008, 122 Stat. 1074; Pub. L. 110–246, § 4(a), title II, § 2706, June 18, 2008, 122 Stat. 1664, 1802; Pub. L. 113–79, title II, § 2713(c), Feb. 7, 2014, 128 Stat. 772; Pub. L. 115–334, title II, §§ 2502, 2821(e), Dec. 20, 2018, 132 Stat. 4579, 4603.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (a)(1), (c), (d), (g)(1), and (h)(3), 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 the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsecs. (e)(2) and (f)(3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
+
+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. Section 2701 of Pub. L. 107–171, which directed that subtitle E of the Food Security Act of 1985 be amended by striking section 1242 and adding a new section 1242 (this section), was executed by striking section 1242 of subtitle E of title XII of the Food Security Act of 1985 and adding the new section 1242 in lieu thereof, to reflect the probable intent of Congress.
+
+Prior ProvisionsA prior section 3842, Pub. L. 99–198, title XII, § 1242, as added Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008, related to use of other agencies, prior to repeal by Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 278. See Codification note above. Another prior section 3842, Pub. L. 99–198, title XII, § 1242, Dec. 23, 1985, 99 Stat. 1515, related to use of other agencies, prior to the general amendment of this subchapter by Pub. L. 104–127.
+
+Amendments2018—Subsec. (a). Pub. L. 115–334, § 2502(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “In this section, the term ‘eligible participant’ means a producer, landowner, or entity that is participating in, or seeking to participate in, programs for which the producer, landowner, or entity is otherwise eligible to participate in under this chapter or the agricultural management assistance program under section 1524 of title 7.” Subsec. (e)(3)(B). Pub. L. 115–334, § 2821(e), substituted “third-party” for “third party”. Subsec. (e)(4), (5). Pub. L. 115–334, § 2502(b), added pars. (4) and (5). Subsec. (f)(4). Pub. L. 115–334, § 2821(e), substituted “third-party” for “third party” in subpars. (A) and (B). Subsec. (h)(1)(A). Pub. L. 115–334, § 2502(c)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “review conservation practice standards, including engineering design specifications, in effect on the date of the enactment of the Food, Conservation, and Energy Act of 2008;”. Subsec. (h)(1)(D). Pub. L. 115–334, § 2502(c)(1)(B)–(D), added subpar. (D). Subsec. (h)(2). Pub. L. 115–334, § 2502(c)(2), inserted “State technical committees established under section 3861(a) of this title,” before “crop consultants,”. Subsec. (h)(3), (4). Pub. L. 115–334, § 2502(c)(3), added pars. (3) and (4) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: “If the Secretary determines under paragraph (1) that revisions to the conservation practice standards, including engineering design specifications, are necessary, the Secretary shall establish an administrative process for expediting the revisions.” 2014—Subsec. (i). Pub. L. 113–79 substituted “specialty” for “speciality” in heading. 2008—Pub. L. 110–246, § 2706, amended section generally. Prior to amendment, section related to: in subsec. (a), provision of technical assistance to an eligible producer directly or through an approved third party; and, in subsec. (b), establishment of a system to certify third-party providers, transition provisions for persons that had provided assistance before May 13, 2002, and cooperative agreements or contracts with non-Federal entities.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.

legal/us/code/title-16/chapter-58/section-3843.md

@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3843"
+description: "Repealed. Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3843"
+citation: "16 U.S.C. § 3843"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3843"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "26537ababc0e7f4b92a70d8dd146fb19dfe7ff703e32e888e4de8919435279b3"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "56a9a0f81b86aadb9bba5c0d264fe7ef49a033ea2c362ad4bb4d9986d3d68653"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3843 - Repealed. Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770
+
+## Notes
+
+Section, Pub. L. 99–198, title XII, § 1243, as added Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008; amended Pub. L. 107–171, title II, §§ 2003, 2006(d), May 13, 2002, 116 Stat. 233, 237; Pub. L. 110–234, title II, § 2707, May 22, 2008, 122 Stat. 1077; Pub. L. 110–246, § 4(a), title II, § 2707, June 18, 2008, 122 Stat. 1664, 1805, related to cooperative conservation partnership initiative.
+
+A prior section 3843, Pub. L. 99–198, title XII, § 1243, Dec. 23, 1985, 99 Stat. 1515; Pub. L. 101–624, title XIV, § 1442, Nov. 28, 1990, 104 Stat. 3602, which related to administration of this chapter, was omitted in the general amendment of this subchapter by Pub. L. 104–127.
+
+Statutory Notes and Related Subsidiaries
+
+Repeal; Transitional ProvisionsPub. L. 113–79, title II, § 2710, Feb. 7, 2014, 128 Stat. 770, provided that: “(a) Repeal.—Except as provided in subsection (b), section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing contracts and agreements.—The amendment made by this section [repealing section 3843 of this title] shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1243 of the Food Security Act of 1985 ([former] 16 U.S.C. 3843) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract or agreement. “(2) Funding.—“(A) Use of prior year funds.—Notwithstanding the repeal of section 1243 of the Food Security Act of 1985 ([former] 16 U.S.C. 3843), any funds made available from the Commodity Credit Corporation to carry out the cooperative conservation partnership initiative under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance). “(B) Other.—On exhaustion of funds made available under subparagraph (A), the Secretary [of Agriculture] may use funds made available 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.], as added by section 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”

legal/us/code/title-16/chapter-58/section-3845.md

@@ -0,0 +1,81 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3845"
+description: "Environmental services markets"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3845"
+citation: "16 U.S.C. § 3845"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3845"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "b77b43c722c64b977e59eb4afe1aa0fcb1998f0d5384b08e44d615c2eba41cfb"
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+text_hash: "81ecdc13cf2438f7ce093c90a1e70b8ba55f9c37b011821c63cb2b44cf52338a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3845 - Environmental services markets
+
+## Text
+
+(a) Technical guidelines required The Secretary shall establish technical guidelines that outline science-based methods to measure the environmental services benefits from conservation and land management activities in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets. The Secretary shall give priority to the establishment of guidelines related to farmer, rancher, and forest landowner participation in carbon markets.
+
+(b) Establishment The Secretary shall establish guidelines under subsection (a) for use in developing the following:
+
+(1) A procedure to measure environmental services benefits.
+
+(2) A protocol to report environmental services benefits.
+
+(3) A registry to collect, record and maintain the benefits measured.
+
+(c) Verification requirements (1) Verification of reports The Secretary shall establish guidelines for a process to verify that a farmer, rancher, or forest landowner who reports an environmental services benefit pursuant to the protocol required by paragraph (2) of subsection (b) for inclusion in the registry required by paragraph (3) of such subsection has implemented the conservation or land management activity covered by the report.
+
+(2) Role of third parties In establishing the verification guidelines required by paragraph (1), the Secretary shall consider the role of third-parties in conducting independent verification of benefits produced for environmental services markets and other functions, as determined by the Secretary.
+
+(d) Use of existing information In carrying out subsection (b), the Secretary shall build on activities or information in existence on the date of the enactment of the Food, Conservation, and Energy Act of 2008 regarding environmental services markets.
+
+(e) Consultation In carrying out this section, the Secretary shall consult with the following:
+
+(1) Federal and State government agencies.
+
+(2) Nongovernmental interests including—
+
+(A) farm, ranch, and forestry producers;
+
+(B) financial institutions involved in environmental services trading;
+
+(C) institutions of higher education with relevant expertise or experience;
+
+(D) nongovernmental organizations with relevant expertise or experience; and
+
+(E) private sector representatives with relevant expertise or experience.
+
+(3) Other interested persons, as determined by the Secretary.
+
+(Pub. L. 99–198, title XII, § 1245, as added Pub. L. 110–234, title II, § 2709, May 22, 2008, 122 Stat. 1081, and Pub. L. 110–246, § 4(a), title II, § 2709, June 18, 2008, 122 Stat. 1664, 1809.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec (d), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
+
+Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
+
+Prior ProvisionsA prior section 3845, Pub. L. 99–198, title XII, § 1245, Dec. 23, 1985, 99 Stat. 1516; Pub. L. 101–624, title XIV, § 1443, Nov. 28, 1990, 104 Stat. 3602; Pub. L. 102–552, title V, § 516(b)(1), Oct. 28, 1992, 106 Stat. 4137, related to authorization of appropriations, prior to the general amendment of this subchapter by Pub. L. 104–127.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateEnactment 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 a note under section 8701 of Title 7, Agriculture.

legal/us/code/title-16/chapter-58/section-3846.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3846"
+description: "Regulations"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3846"
+citation: "16 U.S.C. § 3846"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3846"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "faf01954d3eed73d08c4b453be44febc8985a0e10aac1dcb9195351b98f50cd2"
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+text_hash: "413cb8c5810c2a9e1078fa800386546ebc155ad9d6a9df853772b8180eabf267"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3846 - Regulations
+
+## Text
+
+(a) In general The Secretary shall promulgate such regulations as are necessary to implement programs under this chapter, including such regulations as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under section 3844(f) of this title.
+
+(b) Rulemaking procedure The promulgation of regulations and administration of programs under this chapter—
+
+(1) shall be carried out without regard to chapter 35 of title 44 (commonly known as the Paperwork Reduction Act); and
+
+(2) shall be made as an interim rule effective on publication with an opportunity for notice and comment.
+
+(c) Congressional review of agency rulemaking In promulgating regulations under this section, the Secretary shall use the authority provided under section 808 of title 5.
+
+(Pub. L. 99–198, title XII, § 1246, as added Pub. L. 113–79, title II, § 2608, Feb. 7, 2014, 128 Stat. 761.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (a) and (b), 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.
+
+Prior ProvisionsA prior section 3846, Pub. L. 99–198, title XII, § 1246, as added Pub. L. 101–624, title XIV, § 1444, Nov. 28, 1990, 104 Stat. 3602, directed Secretary to report to Congress on erodible land and wetland conservation program, prior to repeal by Pub. L. 104–66, title I, § 1011(a), Dec. 21, 1995, 109 Stat. 709.

legal/us/code/title-16/chapter-58/section-3847.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3847"
+description: "Data on conservation practices"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3847"
+citation: "16 U.S.C. § 3847"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3847"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "4649dc5dfe051c8e7830fb5207c69d2f009c7ea669d4fed1cc95275d482ab0cf"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3847 - Data on conservation practices
+
+## Text
+
+(a) Data on conservation practices The Secretary shall identify available data sets within the Department of Agriculture regarding the use of conservation practices and the effect of such practices on farm and ranch profitability (including such effects relating to crop yields, soil health, and other risk-related factors).
+
+(b) Report Not later than 1 year after December 20, 2018, 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 that includes—
+
+(1) a summary of the data sets identified under subsection (a);
+
+(2) a summary of the steps the Secretary would have to take to provide access to such data sets by university researchers, including taking into account any technical, privacy, or administrative considerations;
+
+(3) a summary of safeguards the Secretary employs when providing access to data to university researchers;
+
+(4) a summary of appropriate procedures to maximize the potential for research benefits while preventing any violations of privacy or confidentiality; and
+
+(5) recommendations for any necessary authorizations or clarifications of Federal law to allow access to such data sets to maximize the potential for research benefits.
+
+(Pub. L. 99–198, title XII, § 1247, as added Pub. L. 115–334, title XII, § 12618, Dec. 20, 2018, 132 Stat. 5017.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 3847, Pub. L. 99–198, title XII, § 1247, as added Pub. L. 101–624, title XIV, § 1445, Nov. 28, 1990, 104 Stat. 3603; amended Pub. L. 102–237, title II, § 204(8), Dec. 13, 1991, 105 Stat. 1855, which related to assistance for control of spread of weeds and pests, was omitted in the general amendment of this subchapter by Pub. L. 104–127.

legal/us/code/title-16/chapter-58/section-3851.md

@@ -0,0 +1,87 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3851"
+description: "Experienced services program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3851"
+citation: "16 U.S.C. § 3851"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3851"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "7d8f46bc9d11c2e99990de965ba2da623678a0ad087748e5263240c91f073015"
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+text_hash: "5e82c5fde314bea48a71cac5ed825ecbc26e5052baae383b609efc5424b1f585"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3851 - Experienced services program
+
+## Text
+
+(a) Establishment and purpose The Secretary shall establish an experienced services program (referred to in this section as the “program”) for the purpose of utilizing the talents of individuals who are age 55 or older, but who are not employees of the Department of Agriculture or a State agriculture department, to provide—
+
+(1) technical services in support of the conservation-related programs and authorities carried out by the Secretary, including conservation planning assistance, technical consultation, and assistance with design and implementation of conservation practices; and
+
+(2) technical, professional, and administrative services to support the research, education, and economics mission area of the Department of Agriculture (including the Agricultural Research Service, the Economic Research Service, the National Agricultural Library, the National Agricultural Statistics Service, the Office of the Chief Scientist, and the National Institute of Food and Agriculture), including—
+
+(A) supporting agricultural research and information;
+
+(B) advancing scientific knowledge relating to agriculture;
+
+(C) enhancing access to agricultural information;
+
+(D) providing statistical information and research results to farmers, ranchers, agribusiness, and public officials; and
+
+(E) assisting research, education, and extension programs in land-grant colleges and universities (as defined in section 3103 of this title).
+
+(b) Program agreements (1) Relation to older American community service employment program Notwithstanding any other provision of law relating to Federal grants, cooperative agreements, or contracts, to carry out the program during a fiscal year, the Secretary may enter into agreements with nonprofit private agencies and organizations eligible to receive grants for that fiscal year under the Community Service Senior Opportunities Act (42 U.S.C. 3056 et seq.) to secure participants for the program who will provide technical, professional, or administrative services, as applicable, under the program.
+
+(2) Required determination Before entering into an agreement under paragraph (1), the Secretary shall ensure that the agreement would not—
+
+(A) result in the displacement of individuals employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;
+
+(B) result in the use of an individual under the program for a job or function in a case in which a Federal employee is in a layoff status from the same or a substantially-equivalent job or function with the Department; or
+
+(C) affect existing contracts for services.
+
+(c) Funding source (1) Conservation technical services Except as provided in paragraph (2), with respect to subsection (a)(1), the Secretary may carry out the program using funds made available to carry out each program under this chapter.
+
+(2) Exclusion Funds made available to carry out the conservation reserve program may not be used to carry out the program.
+
+(3) Research, education, and economics services With respect to services referred to in subsection (a)(2), the Secretary may carry out the program under the mission area referred to in such subsection to the extent that funds are specifically appropriated to provide such services under such mission area.
+
+(d) Liability An individual providing technical, professional, or administrative services, as applicable, under the program is deemed to be an employee of the United States Government for purposes of chapter 171 of title 28 if the individual—
+
+(1) is providing technical, professional, or administrative services, as applicable, pursuant to an agreement entered into under subsection (b); and
+
+(2) is acting within the scope of the agreement.
+
+(Pub. L. 99–198, title XII, § 1252, as added Pub. L. 110–234, title II, § 2710, May 22, 2008, 122 Stat. 1082, and Pub. L. 110–246, § 4(a), title II, § 2710, June 18, 2008, 122 Stat. 1664, 1810; amended Pub. L. 113–79, title II, § 2504, Feb. 7, 2014, 128 Stat. 752; Pub. L. 115–334, title VII, § 7611, Dec. 20, 2018, 132 Stat. 4830.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Community Service Senior Opportunities Act, referred to in subsec. (b)(1), is title V of Pub. L. 89–73, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2563, which is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables. This chapter, referred to in subsec. (c)(1), 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.
+
+Codification Pub. L. 110–234, § 2710, and Pub. L. 110–246, § 2710, which directed the amendment of subtitle F of title XII of the Food Security Act of 1985 by inserting this section after section 1251, was executed by inserting this section between subtitles E and G of title XII of that Act to reflect the probable intent of Congress, because subtitle F and section 1251 (16 U.S.C. 2005a) of title XII of the Food Security Act of 1985 were repealed by Pub. L. 104–127, title III, § 336(e), Apr. 4, 1996, 110 Stat. 1007. Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
+
+Prior ProvisionsA prior section 1252 of Pub. L. 99–198, title XII, Dec. 23, 1985, 99 Stat. 1516, amended sections 2004, 2005, 2006, and 2009 of this title, prior to repeal by Pub. L. 104–127, title III, § 336(e), Apr. 4, 1996, 110 Stat. 1007.
+
+Amendments2018—Pub. L. 115–334, § 7611(1), struck out “Agriculture conservation” before “experienced” in section catchline. Subsec. (a). Pub. L. 115–334, § 7611(2), substituted “an experienced services program (referred to in this section as the ‘program’)” for “a conservation experienced services program (in this section referred to as the ‘ACES Program’)” and “provide—” for “provide”, inserted par. (1) designation before “technical services in support”, substituted “Secretary, including” for “Secretary. Such technical services may include”, and added par. (2). Subsec. (b). Pub. L. 115–334, § 7611(3), striking “ACES” before “program” wherever appearing. Subsec. (b)(1). Pub. L. 115–334, § 7611(4), substituted “technical, professional, or administrative services, as applicable,” for “technical services”. Subsec. (c). Pub. L. 115–334, § 7611(3), substituted “the program” for “the ACES program” in two places. Subsec. (c)(1). Pub. L. 115–334, § 7611(5)(A), substituted “Conservation technical services” for “In general” in heading, and inserted “with respect to subsection (a)(1),” before “the Secretary” in text. Subsec. (c)(3). Pub. L. 115–334, § 7611(5)(B), added par. (3). Subsec. (d). Pub. L. 115–334, § 7611(4), substituted “technical, professional, or administrative services, as applicable,” for “technical services” in introductory provisions and par. (1). Pub. L. 115–334, § 7611(3), struck out “ACES” before “program” in introductory provisions. 2014—Subsec. (c)(2). Pub. L. 113–79 amended par. (2) generally. Prior to amendment, text read as follows: “Funds made available to carry out the following programs may not be used to carry out the ACES program: “(A) The conservation reserve program. “(B) The wetlands reserve program. “(C) The grassland reserve program. “(D) The conservation stewardship program.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateEnactment 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 a note under section 8701 of Title 7, Agriculture.

legal/us/code/title-16/chapter-58/section-3851a.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3851a"
+description: "Forest Service participation in ACES Program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3851a"
+citation: "16 U.S.C. § 3851a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3851a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "4bf7d2a8cce627d114729b0d90cccc11687b8f8026262c43516372d8f3037193"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "e2c5ea131458e2e95bd3b1fe7f306f23be4918b51e7c047a93c0bbc6e4b9293d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3851a - Forest Service participation in ACES Program
+
+## Text
+
+(a) In general The Secretary, acting through the Chief of the Forest Service, may use funds derived from conservation-related programs executed on National Forest System land to utilize the Agriculture Conservation Experienced Services Program established pursuant to section 3851 of this title to provide technical services for conservation-related programs and authorities carried out by the Secretary on National Forest System land.
+
+(b) Termination of effectiveness The authority provided to the Secretary to carry out this section terminates effective October 1, 2023.11 See Extension of Forest Service Participation in Aces Program note below.
+
+(Pub. L. 113–79, title VIII, § 8302, Feb. 7, 2014, 128 Stat. 923; Pub. L. 115–334, title VIII, § 8622, Dec. 20, 2018, 132 Stat. 4853.)
+
+## Notes
+
+Editorial Notes
+
+Codification Section was enacted as part of the Agricultural Act of 2014, and not as part of title XII of Pub. L. 99–198 which comprises this chapter.
+
+Amendments2018—Pub. L. 115–334 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
+
+Statutory Notes and Related Subsidiaries
+
+Extension of Forest Service Participation in Aces ProgramPub. L. 119–75, div. I, § 5003, Feb. 3, 2026, 140 Stat. 629, provided that: “Section 8302(b) of the Agricultural Act of 2014 (16 U.S.C. 3851a(b)) shall be applied by substituting ‘October 1, 2026’ for ‘October 1, 2023’.” Prior extensions were contained in the following prior acts: Pub. L. 118–83, div. B, title I, § 106, Sept. 26, 2024, 138 Stat. 1535.
+
+Definition of “Secretary” “Secretary” as meaning the Secretary of Agriculture, see section 9001 of Title 7, Agriculture.

legal/us/code/title-16/chapter-58/section-3861.md

@@ -0,0 +1,85 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3861"
+description: "Establishment of State technical committees"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3861"
+citation: "16 U.S.C. § 3861"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3861"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "9d56b19a6d534e4d4925334b3bb83eb3b02a0798df1682cca02d9a323ed76365"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "cee0f49517e2e2bf165a61fd16b090e4fb9d015e4803270c3b5e12ad80f320d3"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3861 - Establishment of State technical committees
+
+## Text
+
+(a) Establishment The Secretary shall establish a technical committee in each State to assist the Secretary in the considerations relating to implementation and technical aspects of the conservation programs under this chapter.
+
+(b) Standards The Secretary shall review and update as necessary—
+
+(1) standard operating procedures to standardize the operations of State technical committees; and
+
+(2) standards to be used by State technical committees in the development of technical guidelines for the implementation of the conservation provisions of this chapter.
+
+(c) Composition Each State technical committee shall be composed of agricultural producers and other professionals that represent a variety of disciplines in the soil, water, wetland, and wildlife sciences. The technical committee for a State shall include representatives from among the following:
+
+(1) The Natural Resources Conservation Service.
+
+(2) The Farm Service Agency.
+
+(3) The Forest Service.
+
+(4) The National Institute of Food and Agriculture.
+
+(5) The State fish and wildlife agency.
+
+(6) The State forester or equivalent State official.
+
+(7) The State water resources agency.
+
+(8) The State department of agriculture.
+
+(9) The State association of soil and water conservation districts.
+
+(10) Agricultural producers representing the variety of crops and livestock or poultry raised within the State.
+
+(11) Owners of nonindustrial private forest land.
+
+(12) Nonprofit organizations within the meaning of section 501(c)(3) of title 26 with demonstrable conservation expertise and experience working with agriculture producers in the State.
+
+(13) Agribusiness.
+
+(14) The State Cooperative Extension Service and land grant university in the State.
+
+(Pub. L. 99–198, title XII, § 1261, as added Pub. L. 101–624, title XIV, § 1446, Nov. 28, 1990, 104 Stat. 3604; amended Pub. L. 104–127, title III, § 342(a), Apr. 4, 1996, 110 Stat. 1009; Pub. L. 110–234, title II, § 2711, title VII, § 7511(c)(38), May 22, 2008, 122 Stat. 1083, 1271; Pub. L. 110–246, § 4(a), title II, § 2711, title VII, § 7511(c)(38), June 18, 2008, 122 Stat. 1664, 1811, 2032; Pub. L. 113–79, title II, § 2607, Feb. 7, 2014, 128 Stat. 760; Pub. L. 115–334, title II, § 2822, Dec. 20, 2018, 132 Stat. 4603.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (a) and (b)(2), 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.
+
+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.
+
+Amendments2018—Subsec. (b)(2). Pub. L. 115–334, § 2822(a), struck out “under section 3862(b) of this title” after “technical guidelines”. Subsec. (c)(14). Pub. L. 115–334, § 2822(b), added par. (14). 2014—Subsec. (b). Pub. L. 113–79, in introductory provisions, substituted “The Secretary shall review and update as necessary” for “Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop”. 2008—Pub. L. 110–246, § 2711, which directed the general amendment of section 1261 of the “Farm Security Act of 1985”, was executed by making the amendment to this section, which is section 1261 of the Food Security Act of 1985, to reflect the probable intent of Congress. Prior to amendment, section related to the establishment in each State of a technical committee to assist the Secretary in the technical considerations relating to implementation of conservation provisions under this chapter, composition of each such committee, and development of standards to be used in the development of guidelines under former section 3862(b) of this title. Subsec. (c)(4). Pub. L. 110–246, § 7511(c)(38), which directed amendment of par. (4) by substituting “National Institute of Food and Agriculture” for “Extension Service”, could not be executed because “Extension Service” did not appear subsequent to amendment by Pub. L. 110–246, § 2711. See above. 1996—Subsec. (c)(9) to (12). Pub. L. 104–127 added pars. (9) to (12).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 7511(c)(38) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of Title 7, Agriculture.

legal/us/code/title-16/chapter-58/section-3862.md

@@ -0,0 +1,61 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3862"
+description: "Responsibilities"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3862"
+citation: "16 U.S.C. § 3862"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3862"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "8608209fbf63790f519c341aacdabe89643bc84f951ab8abb58491a758b0c9f9"
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+text_hash: "265a5e044739c4bbbc274c2a690c041826a8134a8f3da566444fc174cac442db"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3862 - Responsibilities
+
+## Text
+
+(a) In general Each State technical committee established under section 3861 of this title shall meet regularly to provide information, analysis, and recommendations to appropriate officials of the Department of Agriculture who are charged with implementing the conservation provisions of this chapter.
+
+(b) Public notice and attendance Each State technical committee shall provide public notice of, and permit public attendance at, meetings considering issues of concern related to carrying out this chapter.
+
+(c) Role (1) In general The role of State technical committees is advisory in nature, and such committees shall have no implementation or enforcement authority. However, the Secretary shall give strong consideration to the recommendations of such committees in administering the programs under this chapter.
+
+(2) Advisory role in establishing program priorities and criteria Each State technical committee shall advise the Secretary in establishing priorities and criteria for the programs in this chapter, including the review of whether local working groups are addressing those priorities.
+
+(d) Requirements of chapter 10 of title 5 (1) Exemption Each State technical committee shall be exempt from chapter 10 of title 5.
+
+(2) Local working groups For purposes of chapter 10 of title 5, any local working group established under this subchapter shall be considered to be a subcommittee of the applicable State technical committee.
+
+(Pub. L. 99–198, title XII, § 1262, as added Pub. L. 101–624, title XIV, § 1446, Nov. 28, 1990, 104 Stat. 3604; amended Pub. L. 103–354, title II, § 246(f)(3), Oct. 13, 1994, 108 Stat. 3225; Pub. L. 104–127, title III, § 342(b), Apr. 4, 1996, 110 Stat. 1009; Pub. L. 110–234, title II, § 2711, May 22, 2008, 122 Stat. 1084; Pub. L. 110–246, § 4(a), title II, § 2711, June 18, 2008, 122 Stat. 1664, 1812; Pub. L. 117–286, § 4(a)(119), Dec. 27, 2022, 136 Stat. 4318.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThis chapter, referred to in subsecs. (a) to (c), 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.
+
+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.
+
+Amendments2022—Subsec. (d). Pub. L. 117–286, § 4(a)(119)(A), substituted “Requirements of chapter 10 of title 5” for “FACA requirements” in heading. Subsec. (d)(1). Pub. L. 117–286, § 4(a)(119)(B), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).” Subsec. (d)(2). Pub. L. 117–286, § 4(a)(119)(C), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App.),”. 2008—Pub. L. 110–246, § 2711, which directed the general amendment of section 1262 of the “Farm Security Act of 1985”, was executed by making the amendment to this section, which is section 1262 of the Food Security Act of 1985, to reflect the probable intent of Congress. Prior to amendment, section consisted of subsecs. (a) to (e) which related to general responsibilities of committees established under section 3861 of this title, wetland and wildlife habitat protection guidelines, provision of assistance and recommendations with respect to enumerated technical aspects, authority of committees, and FACA requirements. 1996—Subsec. (a). Pub. L. 104–127, § 342(b)(1), inserted at end “Each State technical committee shall provide public notice of, and permit public attendance at meetings considering, issues of concern related to carrying out this chapter.” Subsec. (b)(1). Pub. L. 104–127, § 342(b)(2), inserted at end “Each State technical committee shall establish criteria and guidelines for evaluating petitions by agricultural producers regarding new conservation practices and systems not already described in field office technical guides.” Subsec. (c)(7) to (9). Pub. L. 104–127, § 342(b)(3), struck out “and” at end of par. (7), added par. (8), and redesignated former par. (8) as (9). 1994—Subsec. (e). Pub. L. 103–354 added subsec. (e).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment 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.
+
+Public Notice and Comment for Revisions to Certain State Technical GuidesPub. L. 104–127, title III, § 343, Apr. 4, 1996, 110 Stat. 1009, provided that: “After the date of enactment of this Act [Apr. 4, 1996], the Secretary of Agriculture shall provide for public notice and comment under section 553 of title 5, United States Code, with regard to any future revisions to those provisions of the Natural Resources Conservation Service State technical guides that are used to carry out subtitles A, B, and C of title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq. [3811 et seq., 3821 et seq.]).”

legal/us/code/title-16/chapter-58/section-3865.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3865"
+description: "Establishment and purposes"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3865"
+citation: "16 U.S.C. § 3865"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3865"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "8e4f11718b8e5e3fe87b076357d316006e5f576fee252228f280687a883aa116"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "ee11ab96a0236acad5aa61a7dc031d731580ecda6bed34d902bb6b5d3a80bb06"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3865 - Establishment and purposes
+
+## Text
+
+(a) Establishment The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.
+
+(b) Purposes The purposes of the program are to—
+
+(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837 11 See References in Text note below. of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in effect on the day before February 7, 2014;
+
+(2) restore, protect, and enhance wetlands on eligible land;
+
+(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and
+
+(4) protect grazing uses and related conservation values by restoring or conserving eligible land.
+
+(Pub. L. 99–198, title XII, § 1265, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 731; amended Pub. L. 115–334, title II, § 2601, Dec. 20, 2018, 132 Stat. 4585.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSections 3837, 3838n, and 3838i of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 113–79, title II, §§ 2703(a), 2704(a), 2705(a), Feb. 7, 2014, 128 Stat. 767, 768.
+
+Amendments2018—Subsec. (b)(3). Pub. L. 115–334, § 2601(1), inserted “that negatively affect the agricultural uses and conservation values” after “uses of that land”. Subsec. (b)(4). Pub. L. 115–334, § 2601(2), substituted “restoring or conserving” for “restoring and conserving”.

legal/us/code/title-16/chapter-58/section-3865a.md

@@ -0,0 +1,153 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3865a"
+description: "Definitions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3865a"
+citation: "16 U.S.C. § 3865a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3865a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "9df8dddc17998124117970497dbace7e9f5d09e6fa1dbe2f5ffeaa737b4e6d1c"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "c2a0295b34bd061d968e6db10f85dac3d7218a843accbfd44d6208e0e1bf33e1"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3865a - Definitions
+
+## Text
+
+In this subchapter:
+
+(1) Agricultural land easement The term “agricultural land easement” means an easement or other interest in eligible land that—
+
+(A) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land; and
+
+(B) permits the landowner the right to continue agricultural production and related uses.
+
+(2) Buy-protect-sell transaction (A) In general The term “buy-protect-sell transaction” means a legal arrangement—
+
+(i) between an eligible entity and the Secretary relating to land that an eligible entity owns or is going to purchase prior to acquisition of an agricultural land easement;
+
+(ii) under which the eligible entity certifies to the Secretary that the eligible entity shall—
+
+(I) (aa) hold an agricultural land easement on that land, but transfer ownership of the land to a farmer or rancher that is not an eligible entity prior to or on acquisition of the agricultural land easement; or
+
+(bb) hold an agricultural land easement on that land, but transfer ownership of the land to a farmer or rancher that is not an eligible entity in a timely manner and, subject to subparagraph (B), not later than 3 years after the date of acquisition of the agricultural land easement; and
+
+(II) make an initial sale of the land subject to the agricultural land easement to a farmer or rancher at not more than agricultural value, plus any reasonable holding and transaction costs incurred by the eligible entity, as determined by the Secretary; and
+
+(iii) under which the Secretary shall be reimbursed for the entirety of the Federal share of the cost of the agricultural land easement by the eligible entity if the eligible entity fails to transfer ownership under item (aa) or (bb), as applicable, of clause (ii)(I).
+
+(B) Time extension Under subparagraph (A)(ii)(I)(bb), an eligible entity may transfer land later than 3 years after the date of acquisition of the agricultural land easement if the Secretary determines an extension of time is justified.
+
+(3) Eligible entity The term “eligible entity” means—
+
+(A) an agency of State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law); or
+
+(B) an organization that is—
+
+(i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of title 26;
+
+(ii) an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26; or
+
+(iii) described in—
+
+(I) paragraph (1) or (2) of section 509(a) of title 26; or
+
+(II) section 509(a)(3) of title 26 and is controlled by an organization described in section 509(a)(2) of title 26.
+
+(4) Eligible land The term “eligible land” means private or tribal land that is—
+
+(A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch—
+
+(i) that is subject to—
+
+(I) a pending offer for purchase of an agricultural land easement from an eligible entity; or
+
+(II) a buy-protect-sell transaction;
+
+(ii) (I) that has prime, unique, or other productive soil;
+
+(II) that contains historical or archaeological resources;
+
+(III) the enrollment of which would protect grazing uses and related conservation values by restoring and conserving land; or
+
+(IV) the protection of which will further a State or local policy consistent with the purposes of the program; and
+
+(iii) that is—
+
+(I) cropland;
+
+(II) rangeland;
+
+(III) grassland or land that contains forbs, or shrubland for which grazing is the predominant use;
+
+(IV) located in an area that has been historically dominated by grassland, forbs, or shrubs and could provide habitat for animal or plant populations of significant ecological value;
+
+(V) pastureland; or
+
+(VI) nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development;
+
+(B) in the case of a wetland reserve easement, a wetland or related area, including—
+
+(i) farmed or converted wetlands, together with adjacent land that is functionally dependent on that land, if the Secretary determines it—
+
+(I) is likely to be successfully restored in a cost-effective manner; and
+
+(II) will maximize the wildlife benefits and wetland functions and values;
+
+(ii) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of—
+
+(I) a closed basin lake and adjacent land that is functionally dependent upon it, if the State or other entity is willing to provide 50 percent share of the cost of an easement; or
+
+(II) a pothole and adjacent land that is functionally dependent on it;
+
+(iii) farmed wetlands and adjoining lands that—
+
+(I) are enrolled in the conservation reserve program;
+
+(II) have the highest wetland functions and values, as determined by the Secretary; and
+
+(III) are likely to return to production after they leave the conservation reserve program;
+
+(iv) riparian areas that link wetlands that are protected by easements or some other device that achieves the same purpose as an easement; or
+
+(v) other wetlands of an owner that would not otherwise be eligible, if the Secretary determines that the inclusion of such wetlands in a wetland reserve easement would significantly add to the functional value of the easement; or
+
+(C) in the case of either an agricultural land easement or a wetland reserve easement, other land that is incidental to land described in subparagraph (A) or (B), if the Secretary determines that it is necessary for the efficient administration of an easement under the program.
+
+(5) Monitoring report The term “monitoring report” means a report, the contents of which are formulated and prepared by the holder of an agricultural land easement, that accurately documents whether the land subject to the agricultural land easement is in compliance with the terms and conditions of the agricultural land easement.
+
+(6) Program The term “program” means the agricultural conservation easement program established by this subchapter.
+
+(7) Wetland reserve easement The term “wetland reserve easement” means a reserved interest in eligible land that—
+
+(A) is defined and delineated in a deed; and
+
+(B) stipulates—
+
+(i) the rights, title, and interests in land conveyed to the Secretary; and
+
+(ii) the rights, title, and interests in land that are reserved to the landowner.
+
+(Pub. L. 99–198, title XII, § 1265A, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 732; amended Pub. L. 115–334, title II, § 2602, Dec. 20, 2018, 132 Stat. 4585.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2018—Par. (1)(B). Pub. L. 115–334, § 2602(1), struck out “subject to an agricultural land easement plan, as approved by the Secretary” after “related uses”. Pars. (2), (3). Pub. L. 115–334, § 2602(2), (3), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4). Par. (4). Pub. L. 115–334, § 2602(2), redesignated par. (3) as (4). Former par. (4) redesignated (6). Par. (4)(A)(i). Pub. L. 115–334, § 2602(4)(A), inserted dash after “to”, subcl. (I) designation before “a pending”, and “or” at end, and added subcl. (II). Par. (4)(B)(i)(II). Pub. L. 115–334, § 2602(4)(B), struck out “, as determined by the Secretary in consultation with the Secretary of the Interior at the local level” before semicolon at end. Par. (5). Pub. L. 115–334, § 2602(5), added par. (5). Former par. (5) redesignated (7). Pars. (6), (7). Pub. L. 115–334, § 2602(2), redesignated pars. (4) and (5) as (6) and (7), respectively.

legal/us/code/title-16/chapter-58/section-3865b.md

@@ -0,0 +1,213 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3865b"
+description: "Agricultural land easements"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3865b"
+citation: "16 U.S.C. § 3865b"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3865b"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "37496c77b638c4074e1fe44aa57b22ff19598e877356aad011fdcf5612e50385"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "854b5f96c2740e8ab9b9d06644fd64c3d478ac11109c1dc0e1de5a5f24f5304b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3865b - Agricultural land easements
+
+## Text
+
+(a) Availability of assistance The Secretary shall facilitate and provide funding for—
+
+(1) the purchase by eligible entities of agricultural land easements in eligible land;
+
+(2) technical assistance to implement the program, including technical assistance for the development of a conservation plan under subsection (b)(4)(C)(iv); and
+
+(3) buy-protect-sell transactions.
+
+(b) Cost-share assistance (1) In general The Secretary shall protect the agricultural use, including grazing, and related conservation values of eligible land through cost-share assistance to eligible entities for purchasing agricultural land easements.
+
+(2) Scope of assistance available (A) Federal share An agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 50 percent of the fair market value of the agricultural land easement, as determined by the Secretary using—
+
+(i) the Uniform Standards of Professional Appraisal Practice;
+
+(ii) an areawide market analysis or survey; or
+
+(iii) another industry-approved method.
+
+(B) Non-federal share (i) In general Under the agreement, the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary.
+
+(ii) Grasslands exception In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement.
+
+(iii) Permissible forms The non-Federal share provided by an eligible entity under this subparagraph may comprise—
+
+(I) cash resources;
+
+(II) a charitable donation or qualified conservation contribution (as defined in section 170(h) of title 26) from the private landowner from which the agricultural land easement will be purchased;
+
+(III) costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and
+
+(IV) other costs, as determined by the Secretary.
+
+(3) Evaluation and ranking of applications (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program.
+
+(B) Considerations In establishing the criteria, the Secretary shall emphasize support for—
+
+(i) protecting agricultural uses and related conservation values of the land; and
+
+(ii) maximizing the protection of areas devoted to agricultural use.
+
+(C) Accounting for geographic differences The Secretary may adjust the criteria established under subparagraph (A) to account for geographic differences, if the adjustments—
+
+(i) meet the purposes of the program; and
+
+(ii) continue to maximize the benefit of the Federal investment under the program.
+
+(D) Priority In evaluating applications under the program, the Secretary may give priority to an application for the purchase of an agricultural land easement that, as determined by the Secretary, maintains agricultural viability.
+
+(E) Bidding down If the Secretary determines that 2 or more applications for cost-share assistance are comparable in achieving the purpose of the program, the Secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program.
+
+(4) Agreements with eligible entities (A) In general The Secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section.
+
+(B) Length of agreements An agreement shall be for a term that is—
+
+(i) in the case of an eligible entity certified under the process described in paragraph (5), a minimum of five years; and
+
+(ii) for all other eligible entities, at least three, but not more than five years.
+
+(C) Minimum terms and conditions An eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions—
+
+(i) are consistent with the purposes of the program;
+
+(ii) permit effective enforcement of the conservation purposes of such easements;
+
+(iii) include a right of enforcement for the Secretary that—
+
+(I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and
+
+(II) does not extend to a right of inspection unless—
+
+(aa) (AA) the holder of the easement fails to provide monitoring reports in a timely manner; or
+
+(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and
+
+(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection;
+
+(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and
+
+(v) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted.
+
+(D) Additional permitted terms and conditions An eligible entity may include terms and conditions for an agricultural land easement that—
+
+(i) are intended to keep the land subject to the agricultural land easement under the ownership of a farmer or rancher, as determined by the Secretary;
+
+(ii) allow subsurface mineral development on the land subject to the agricultural land easement and in accordance with applicable State law if, as determined by the Secretary—
+
+(I) the subsurface mineral development—
+
+(aa) has a limited and localized impact;
+
+(bb) does not harm the agricultural use and conservation values of the land subject to the easement;
+
+(cc) does not materially alter or affect the existing topography;
+
+(dd) shall comply with a subsurface mineral development plan that—
+
+(AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and
+
+(BB) is approved by the Secretary prior to the initiation of mineral development activity;
+
+(ee) is not accomplished by any surface mining method;
+
+(ff) is within the impervious surface limits of the easement under subparagraph (C)(v); and
+
+(gg) uses practices and technologies that minimize the duration and intensity of impacts to the agricultural use and conservation values of the land subject to the easement; and
+
+(II) each area impacted by the subsurface mineral development shall be reclaimed and restored by the holder of the mineral rights at cessation of operation; and
+
+(iii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.
+
+(E) Substitution of qualified projects An agreement shall allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of the proposed substitution.
+
+(F) Effect of violation If a violation occurs of a term or condition of an agreement under this subsection—
+
+(i) the Secretary may terminate the agreement; and
+
+(ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary.
+
+(5) Certification of eligible entities (A) Certification process The Secretary shall establish a process under which the Secretary may—
+
+(i) directly certify eligible entities that meet established criteria;
+
+(ii) enter into long-term agreements with certified eligible entities;
+
+(iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements; and
+
+(iv) allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program.
+
+(B) Certification criteria In order to be certified, an eligible entity shall demonstrate to the Secretary that the eligible entity—
+
+(i) will maintain, at a minimum, for the duration of the agreement—
+
+(I) a plan for administering easements that is consistent with the purpose of the program;
+
+(II) the capacity and resources to monitor and enforce agricultural land easements; and
+
+(III) policies and procedures to ensure—
+
+(aa) the long-term integrity of agricultural land easements on eligible land;
+
+(bb) timely completion of acquisitions of such easements; and
+
+(cc) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program;
+
+(ii) has—
+
+(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary;
+
+(II) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
+
+(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; or
+
+(iii) is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection that has—
+
+(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
+
+(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.
+
+(C) Review and revision (i) Review The Secretary shall conduct a review of eligible entities certified under subparagraph (A) every three years to ensure that such entities are meeting the criteria established under subparagraph (B).
+
+(ii) Revocation If the Secretary finds that a certified eligible entity no longer meets the criteria established under subparagraph (B), the Secretary may—
+
+(I) allow the certified eligible entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and
+
+(II) revoke the certification of the eligible entity, if, after the specified period of time, the certified eligible entity does not meet such criteria.
+
+(c) Method of enrollment The Secretary shall enroll eligible land under this section through the use of—
+
+(1) permanent easements; or
+
+(2) easements for the maximum duration allowed under applicable State laws.
+
+(d) Technical assistance The Secretary may provide technical assistance, if requested, to assist in compliance with the terms and conditions of easements.
+
+(Pub. L. 99–198, title XII, § 1265B, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 734; amended Pub. L. 115–334, title II, § 2603, Dec. 20, 2018, 132 Stat. 4586.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2018—Subsec. (a)(2). Pub. L. 115–334, § 2603(a)(2), substituted “technical assistance to implement the program, including technical assistance for the development of a conservation plan under subsection (b)(4)(C)(iv); and” for “technical assistance to provide for the conservation of natural resources pursuant to an agricultural land easement plan.” Subsec. (a)(3). Pub. L. 115–334, § 2603(a)(1), (3), added par. (3). Subsec. (b)(2)(B)(ii), (iii). Pub. L. 115–334, § 2603(b)(1)(A), added cls. (ii) and (iii) and struck out former cl. (ii). Prior to amendment, text of cl. (ii) read as follows: “An eligible entity may include as part of its share under clause (i) a charitable donation or qualified conservation contribution (as defined by section 170(h) of title 26) from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by the Secretary.” Subsec. (b)(2)(C). Pub. L. 115–334, § 2603(b)(1)(B), struck out subpar. (C) which related to exception to Federal and non-Federal share requirements in the case of grassland of special environmental significance and for projects of special significance. Subsec. (b)(3)(C) to (E). Pub. L. 115–334, § 2603(b)(2), added subpars. (C) and (D) and redesignated former subpar. (C) as (E). Subsec. (b)(4)(C)(iii), (iv). Pub. L. 115–334, § 2603(b)(3)(A), added cls. (iii) and (iv) and struck out former cls. (iii) and (iv) which read as follows: “(iii) include a right of enforcement for the Secretary, that may be used only if the terms of the easement are not enforced by the holder of the easement; “(iv) subject the land in which an interest is purchased to an agricultural land easement plan that— “(I) describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired; “(II) requires the management of grasslands according to a grasslands management plan; and “(III) includes a conservation plan, where appropriate, and requires, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses; and”. Subsec. (b)(4)(D) to (F). Pub. L. 115–334, § 2603(b)(3)(B), (C), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively. Subsec. (b)(5)(A)(iv). Pub. L. 115–334, § 2603(b)(4)(A), added cl. (iv). Subsec. (b)(5)(B). Pub. L. 115–334, § 2603(b)(4)(B), substituted “eligible entity—” for “entity”, inserted cl. (i) designation before “will maintain”, redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i) and subcls. (I) to (III) of former cl. (iii) as items (aa) to (cc), respectively, of subcl. (III), realigned margins, and added cl. (ii). Subsec. (d). Pub. L. 115–334, § 2603(b)(5), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary may provide technical assistance, if requested, to assist in— “(1) compliance with the terms and conditions of easements; and “(2) implementation of an agricultural land easement plan.”

legal/us/code/title-16/chapter-58/section-3865c.md

@@ -0,0 +1,209 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3865c"
+description: "Wetland reserve easements"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3865c"
+citation: "16 U.S.C. § 3865c"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3865c"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "ffab677fa34154d6c39fc7e9094214950c50882ecaa711213bd1ae8649fc1b54"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "33cd6b6b0cd4908b8111d8b27954cb511998885a9043410edbea2e1a2e049695"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3865c - Wetland reserve easements
+
+## Text
+
+(a) Availability of assistance The Secretary shall provide assistance to owners of eligible land to restore, protect, and enhance wetlands through—
+
+(1) wetland reserve easements and related wetland reserve easement plans; and
+
+(2) technical assistance.
+
+(b) Easements (1) Method of enrollment The Secretary shall enroll eligible land under this section through the use of—
+
+(A) 30-year easements;
+
+(B) permanent easements;
+
+(C) easements for the maximum duration allowed under applicable State laws; or
+
+(D) as an option for Indian tribes only, 30-year contracts.
+
+(2) Limitations (A) Ineligible land The Secretary may not acquire easements on—
+
+(i) land established to trees under the conservation reserve program, except in cases where the Secretary determines it would further the purposes of this section; and
+
+(ii) farmed wetlands or converted wetlands where the conversion was not commenced prior to December 23, 1985.
+
+(B) Changes in ownership No wetland reserve easement shall be created on land that has changed ownership during the preceding 24-month period unless—
+
+(i) the new ownership was acquired by will or succession as a result of the death of the previous owner;
+
+(ii) (I) the ownership change occurred because of foreclosure on the land; and
+
+(II) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; or
+
+(iii) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program.
+
+(3) Evaluation and ranking of offers (A) Criteria The Secretary shall establish evaluation and ranking criteria for offers from landowners under this section to maximize the benefit of Federal investment under the program.
+
+(B) Considerations When evaluating offers from landowners, the Secretary may consider—
+
+(i) the conservation benefits of obtaining a wetland reserve easement, including the potential environmental benefits if the land was removed from agricultural production;
+
+(ii) the cost effectiveness of each wetland reserve easement, so as to maximize the environmental benefits per dollar expended;
+
+(iii) whether the landowner or another person is offering to contribute financially to the cost of the wetland reserve easement to leverage Federal funds; and
+
+(iv) such other factors as the Secretary determines are necessary to carry out the purposes of the program.
+
+(C) Priority The Secretary shall give priority to acquiring wetland reserve easements based on the value of the wetland reserve easement for protecting and enhancing habitat for migratory birds and other wildlife or improving water quality.
+
+(4) Agreement To be eligible to place eligible land into the program through a wetland reserve easement, the owner of such land shall enter into an agreement with the Secretary to—
+
+(A) grant an easement on such land to the Secretary;
+
+(B) authorize the implementation of a wetland reserve easement plan developed for the eligible land under subsection (f);
+
+(C) create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to;
+
+(D) provide a written statement of consent to such easement signed by those holding a security interest in the land;
+
+(E) comply with the terms and conditions of the easement and any related agreements; and
+
+(F) permanently retire any existing base history for the land on which the easement has been obtained.
+
+(5) Terms and conditions of easement (A) In general A wetland reserve easement shall include terms and conditions that—
+
+(i) permit—
+
+(I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and
+
+(II) owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring;
+
+(ii) prohibit—
+
+(I) the alteration of wildlife habitat and other natural features of such land, unless specifically authorized by the Secretary;
+
+(II) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is authorized by the Secretary or is necessary—
+
+(aa) to comply with Federal or State noxious weed control laws;
+
+(bb) to comply with a Federal or State emergency pest treatment program; or
+
+(cc) to meet habitat needs of specific wildlife species;
+
+(III) any activities to be carried out on the owner’s or successor’s land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and
+
+(IV) the adoption of any other practice that would tend to defeat the purposes of the program, as determined by the Secretary;
+
+(iii) provide for the efficient and effective establishment of wetland functions and values; and
+
+(iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof.
+
+(B) Violation On the violation of a term or condition of a wetland reserve easement, the wetland reserve easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under the program, with interest on the payments as determined appropriate by the Secretary.
+
+(C) Compatible uses (i) In general Land subject to a wetland reserve easement may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, water management, or periodic haying or grazing, if such use is specifically permitted by the wetland reserve easement plan developed for the land under subsection (f) and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established.
+
+(ii) Compatible use authorization In evaluating and authorizing a compatible economic use under clause (i), the Secretary shall—
+
+(I) request and consider the advice of the applicable State technical committee established under section 3861(a) of this title about the 1 or more types of uses that may be authorized to be conducted on land subject to a wetland reserve easement, including the frequency, timing, and intensity of those uses;
+
+(II) consider the ability of an authorized use to facilitate the practical administration and management of that land; and
+
+(III) ensure that an authorized use furthers the functions and values for which the wetland reserve easement was established.
+
+(D) Reservation of grazing rights The Secretary may include in the terms and conditions of a wetland reserve easement a provision under which the owner reserves grazing rights if—
+
+(i) the Secretary determines that the reservation and use of the grazing rights—
+
+(I) is compatible with the land subject to the easement;
+
+(II) is consistent with the historical natural uses of the land and the long-term protection and enhancement goals for which the easement was established; and
+
+(III) complies with the wetland reserve easement plan developed for the land under subsection (f) or a grazing management plan that is consistent with the wetland reserve easement plan and has been reviewed, and modified as necessary, at least every 5 years; and
+
+(ii) the agreement provides for a commensurate reduction in the easement payment to account for the grazing value, as determined by the Secretary.
+
+(6) Compensation (A) Determination (i) Permanent easements The Secretary shall pay as compensation for a permanent wetland reserve easement acquired under the program an amount necessary to encourage enrollment in the program, based on the lowest of—
+
+(I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an areawide market analysis or survey;
+
+(II) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or
+
+(III) the offer made by the landowner.
+
+(ii) Other Compensation for a 30-year contract or 30-year wetland reserve easement shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent wetland reserve easement.
+
+(B) Form of payment Compensation for a wetland reserve easement shall be provided by the Secretary in the form of a cash payment, in an amount determined under subparagraph (A).
+
+(C) Payment schedule (i) Easements valued at $500,000 or less For wetland reserve easements valued at $500,000 or less, the Secretary may provide payments in not more than 10 annual payments.
+
+(ii) Easements valued at more than $500,000 For wetland reserve easements valued at more than $500,000, the Secretary may provide payments in at least 5, but not more than 10 annual payments, except that, if the Secretary determines it would further the purposes of the program, the Secretary may make a lump-sum payment for such an easement.
+
+(c) Easement restoration (1) In general The Secretary shall provide financial assistance to owners of eligible land to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance activities, as set forth in a wetland reserve easement plan developed for the eligible land under subsection (f).
+
+(2) Payments The Secretary shall—
+
+(A) in the case of a permanent wetland reserve easement, pay an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs, as determined by the Secretary; and
+
+(B) in the case of a 30-year contract or 30-year wetland reserve easement, pay an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs, as determined by the Secretary.
+
+(d) Technical assistance (1) In general The Secretary shall assist owners in complying with the terms and conditions of a wetland reserve easement.
+
+(2) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian tribe to carry out necessary restoration, enhancement, or maintenance of a wetland reserve easement if the Secretary determines that the contract or agreement will advance the purposes of the program.
+
+(e) Wetland reserve enhancement option The Secretary may enter into 1 or more agreements with a State (including a political subdivision or agency of a State), nongovernmental organization, or Indian tribe to carry out a special wetland reserve enhancement option that the Secretary determines would advance the purposes of program.
+
+(f) Administration (1) Wetland reserve easement plan (A) In general The Secretary shall develop a wetland reserve easement plan—
+
+(i) for any eligible land subject to a wetland reserve easement; and
+
+(ii) that restores, protects, enhances, manages, maintains, and monitors the eligible land subject to the wetland reserve easements acquired under this section.
+
+(B) Practices and activities A wetland reserve easement plan under subparagraph (A) shall include practices and activities, including repair or replacement, that are necessary to restore and maintain the enrolled land and the functions and values of the wetland subject to a wetland reserve easement.
+
+(2) Alternative plant communities The Secretary, in coordination with State technical committees established under section 3861(a) of this title and pursuant to State-specific criteria and guidelines, may authorize the establishment or restoration of a hydrologically appropriate native community or alternative naturalized vegetative community as part of a wetland reserve easement plan on land subject to a wetland reserve easement if that hydrologically appropriate native or alternative naturalized vegetative community shall—
+
+(A) substantially support or benefit migratory waterfowl or other wetland wildlife; or
+
+(B) meet local resource concerns or needs (including as an element of a regional, State, or local wildlife initiative or plan).
+
+(3) Delegation of easement administration (A) In general The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this section to other Federal or State agencies that have the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities, or to conservation organizations if the Secretary determines the organization has similar expertise and resources.
+
+(B) Limitation The Secretary shall not delegate any of the monitoring or enforcement responsibilities under this section to conservation organizations.
+
+(4) Payments (A) Timing of payments The Secretary shall provide payment for obligations incurred by the Secretary under this section—
+
+(i) with respect to any easement restoration obligation under subsection (c), as soon as possible after the obligation is incurred; and
+
+(ii) with respect to any annual easement payment obligation incurred by the Secretary, as soon as possible after October 1 of each calendar year.
+
+(B) Payments to others If an owner who is entitled to a payment under this section dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person or entity who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
+
+(g) Application The relevant provisions of this section shall also apply to a 30-year contract.
+
+(Pub. L. 99–198, title XII, § 1265C, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 737; amended Pub. L. 115–334, title II, § 2604, Dec. 20, 2018, 132 Stat. 4589.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2018—Subsec. (b)(3)(C). Pub. L. 115–334, § 2604(1)(A), inserted “or improving water quality” before period at end. Subsec. (b)(5)(C). Pub. L. 115–334, § 2604(1)(B)(i), designated existing provisions as cl. (i), inserted heading, inserted “water management,” after “managed timber harvest,”, and added cl. (ii). Subsec. (b)(5)(D)(i)(III). Pub. L. 115–334, § 2604(1)(B)(ii), inserted “or a grazing management plan that is consistent with the wetland reserve easement plan and has been reviewed, and modified as necessary, at least every 5 years” after “under subsection (f)”. Subsec. (f)(1). Pub. L. 115–334, § 2604(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary shall develop a wetland reserve easement plan for any eligible land subject to a wetland reserve easement, which shall include practices and activities necessary to restore, protect, enhance, and maintain the enrolled land.” Subsec. (f)(2) to (4). Pub. L. 115–334, § 2604(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

legal/us/code/title-16/chapter-58/section-3865d.md

@@ -0,0 +1,117 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3865d"
+description: "Administration"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3865d"
+citation: "16 U.S.C. § 3865d"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3865d"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "b3bf7ad437cf95a12064d0ffacc31ac2754d25006691a807666fd201ba609a70"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "cf25a181c2c9741d22f3f59aaa411b8a609a4e54191258d850b8b80e24f326a0"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3865d - Administration
+
+## Text
+
+(a) Ineligible land The Secretary may not use program funds for the purposes of acquiring an easement on—
+
+(1) lands owned by an agency of the United States, other than land held in trust for Indian tribes;
+
+(2) lands owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government;
+
+(3) land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; or
+
+(4) lands where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, permitted or existing rights of way, infrastructure development, or adjacent land uses.
+
+(b) Priority In evaluating applications under the program, the Secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within 1 year and—
+
+(1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and
+
+(2) in the case of a wetland reserve easement, is a wetland or related area with the highest wetland functions and value and is likely to return to production after the land leaves the conservation reserve program.
+
+(c) Subordination, exchange, modification, and termination (1) Subordination The Secretary may subordinate any interest in land, or portion of such interest, administered by the Secretary (including for the purposes of utilities and energy transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that the subordination—
+
+(A) increases conservation values or has a limited negative effect on conservation values;
+
+(B) minimally affects the acreage subject to the interest in land; and
+
+(C) is in the public interest or furthers the practical administration of the program.
+
+(2) Modification and exchange (A) Authority The Secretary may approve a modification or exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
+
+(i) no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and
+
+(ii) the modification or exchange—
+
+(I) results in equal or increased conservation values;
+
+(II) results in equal or greater economic value to the United States;
+
+(III) is consistent with the original intent of the easement;
+
+(IV) is consistent with the purposes of the program; and
+
+(V) is in the public interest or furthers the practical administration of the program.
+
+(B) Limitation In modifying or exchanging an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity.
+
+(3) Termination The Secretary may approve a termination of any interest in land, or portion of such interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
+
+(A) termination is in the interest of the Federal Government;
+
+(B) the United States will be fully compensated for—
+
+(i) the fair market value of the interest in land;
+
+(ii) any costs relating to the termination; and
+
+(iii) any damages determined appropriate by the Secretary; and
+
+(C) the termination will—
+
+(i) address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and
+
+(ii) further the practical administration of the program.
+
+(4) Consent The Secretary shall obtain consent from the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in land, or portion of such interest, under this subsection.
+
+(5) Notice At least 90 days before taking any termination action described in paragraph (3), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
+
+(d) Land enrolled in other programs (1) Conservation reserve program The Secretary may terminate or modify a contract entered into under section 3831(a) of this title if eligible land that is subject to such contract is enrolled in an easement under section 3865c(b) of this title.
+
+(2) Other In accordance with the provisions of subtitle H of title II of the Agricultural Act of 2014, land enrolled in the wetlands reserve program, grassland reserve program, or farmland protection program on the day before February 7, 2014, shall be considered enrolled in the program.
+
+(3) Agricultural land easements A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subpart B of part I of subchapter IV.
+
+(e) Compliance with certain requirements The Secretary may not provide assistance under this subchapter to an eligible entity or owner of eligible land unless the eligible entity or owner agrees, during the crop 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.
+
+(Pub. L. 99–198, title XII, § 1265D, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 742; amended Pub. L. 115–334, title II, § 2605, Dec. 20, 2018, 132 Stat. 4591.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Agricultural Act of 2014, referred to in subsec. (d)(2), is Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 649. Subtitle H (§§ 2701–2713) of title II of the Act amended sections 3801, 3811, and 3842 of this title, repealed sections 3830, 3831a, 3837 to 3837f, 3838h to 3838j, 3838n to 3838q, 3839 to 3839d, 3839aa–9, 3839bb–1, 3839bb–3, and 3839bb–4 of this title, and enacted provisions set out as notes under sections 3801, 3831a, 3837, 3838h, 3838n, 3839aa–9, 3839bb–1, 3839bb–4, and 3843 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of Title 7, Agriculture, and Tables.
+
+Amendments2018—Subsec. (a)(4). Pub. L. 115–334, § 2605(1), substituted “permitted” for “proposed”. Subsec. (c). Pub. L. 115–334, § 2605(2), added subsec. (c) and struck out former subsec. (c) which allowed the Secretary to subordinate, exchange, modify, or terminate interests in land subject to certain determination, consultation, and notice requirements. Subsec. (d)(1). Pub. L. 115–334, § 2605(3)(A), substituted “enrolled in an easement under section 3865c(b) of this title” for “transferred into the program”. Subsec. (d)(3). Pub. L. 115–334, § 2605(3)(B), added par. (3).

legal/us/code/title-16/chapter-58/section-3871.md

@@ -0,0 +1,71 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3871"
+description: "Establishment and purposes"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3871"
+citation: "16 U.S.C. § 3871"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3871"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "5300c441f53721d1edbd4fd938ebba0e5692b926b3fbf377375033ecba1d1e02"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "fb0f7dc619e38aafcf6c536b94c2f7382884d80ed21191fb60ffe9dfa3df7ec7"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3871 - Establishment and purposes
+
+## Text
+
+(a) Establishment The Secretary shall establish a regional conservation partnership program to implement eligible activities on eligible land through—
+
+(1) partnership agreements, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title, with eligible partners; and
+
+(2) program contracts with producers.
+
+(b) Purposes The purposes of the program are as follows:
+
+(1) To carry out eligible activities to accomplish purposes and functions similar to those of the following programs, as in effect on the day before February 7, 2014:
+
+(A) The agricultural water enhancement program established under section 3839aa–9 11 See References in Text note below. of this title.
+
+(B) The Chesapeake Bay watershed program established under section 3839bb–4 1 of this title.
+
+(C) The cooperative conservation partnership initiative established under section 3843 1 of this title.
+
+(D) The Great Lakes basin program for soil erosion and sediment control established under section 3839bb–3 1 of this title.
+
+(2) To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water and groundwater), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale.
+
+(3) To encourage eligible partners to cooperate with producers in—
+
+(A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production on eligible land, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns; and
+
+(B) implementing projects that will result in the adoption, installation, and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multistate basis.
+
+(4) To encourage the flexible and streamlined delivery of conservation assistance to producers through partnership agreements.
+
+(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.
+
+(Pub. L. 99–198, title XII, § 1271, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 744; amended Pub. L. 115–334, title II, § 2701, Dec. 20, 2018, 132 Stat. 4592.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSections 3839aa–9, 3839bb–3, 3839bb–4, and 3843 of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 113–79, title II, §§ 2706(a), 2708, 2709(a), 2710(a), Feb. 7, 2014, 128 Stat. 768, 770.
+
+Amendments2018—Subsec. (a)(1). Pub. L. 115–334, § 2701(1)(A), inserted “, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title,” after “partnership agreements”. Subsec. (a)(2). Pub. L. 115–334, § 2701(1)(B), substituted “program contracts with producers” for “contracts with producers”. Subsec. (b)(1). Pub. L. 115–334, § 2701(2)(A), substituted “To carry out eligible activities” for “To use covered programs” in introductory provisions. Subsec. (b)(2). Pub. L. 115–334, § 2701(2)(B), added par. (2) and struck out former par. (2) which read as follows: “To further the conservation, restoration, and sustainable use of soil, water, wildlife, and related natural resources on eligible land on a regional or watershed scale.” Subsec. (b)(3)(A). Pub. L. 115–334, § 2701(2)(C)(i), inserted “, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns” after “production on eligible land”. Subsec. (b)(3)(B). Pub. L. 115–334, § 2701(2)(C)(ii), substituted “adoption, installation, and maintenance” for “installation and maintenance”. Subsec. (b)(4), (5). Pub. L. 115–334, § 2701(2)(D), added pars. (4) and (5).

legal/us/code/title-16/chapter-58/section-3871a.md

@@ -0,0 +1,95 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3871a"
+description: "Definitions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3871a"
+citation: "16 U.S.C. § 3871a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3871a"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "dee6835b19745c2d0d23c5b7c21110846c9fe3d65172b06d5f9b62a42444d1db"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "96ebf390224d63de38fa75d1757d3a8df362cce9f2db7f0f4b7e115e3aefdc3e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3871a - Definitions
+
+## Text
+
+In this subchapter:
+
+(1) Covered program The term “covered program” means the following:
+
+(A) The agricultural conservation easement program.
+
+(B) The environmental quality incentives program.
+
+(C) The conservation stewardship program, not including the grassland conservation initiative under section 3839aa–25 of this title.
+
+(D) The healthy forests reserve program established under section 6571 of this title.
+
+(E) The conservation reserve program established under subpart B of part I of subchapter IV.
+
+(F) The programs established by the Secretary to carry out the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 (16 U.S.C. 1012) of that Act.
+
+(2) Eligible activity The term “eligible activity” means a practice, activity, agreement, easement, or related conservation measure that is available under the statutory authority for a covered program.
+
+(3) Eligible land The term “eligible land” means any agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help achieve conservation benefits.
+
+(4) Eligible partner The term “eligible partner” means any of the following:
+
+(A) An agricultural or silvicultural producer association or other group of producers.
+
+(B) A State or unit of local government.
+
+(C) An Indian tribe.
+
+(D) A farmer cooperative.
+
+(E) A water district, irrigation district, acequia, rural water district or association, or other organization with specific water delivery authority to producers on agricultural land.
+
+(F) A municipal water or wastewater treatment entity.
+
+(G) An institution of higher education.
+
+(H) An organization or entity with an established history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address—
+
+(i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or
+
+(ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues.
+
+(I) An organization described in section 3865a(3)(B) of this title.
+
+(J) A conservation district.
+
+(5) Partnership agreement The term “partnership agreement” means the programmatic agreement entered into between the Secretary and an eligible partner, subject to the terms and conditions under section 3871b of this title.
+
+(6) Program The term “program” means the regional conservation partnership program established by this subchapter.
+
+(7) Program contract (A) In general The term “program contract” means the contract between the Secretary and a producer entered into under this subchapter.
+
+(B) Exclusion The term “program contract” does not include a contract under a covered program.
+
+(Pub. L. 99–198, title XII, § 1271A, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 745; amended Pub. L. 115–334, title II, § 2702, Dec. 20, 2018, 132 Stat. 4593.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Watershed Protection and Flood Prevention Act, referred to in par. (1)(F), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
+
+Amendments2018—Par. (1)(C). Pub. L. 115–334, § 2702(1)(A), inserted “, not including the grassland conservation initiative under section 3839aa–25 of this title” before period at end. Par. (1)(E), (F). Pub. L. 115–334, § 2702(1)(B), added subpars. (E) and (F). Pars. (2), (3). Pub. L. 115–334, § 2702(2), added pars. (2) and (3) and struck out former pars. (2) and (3), which defined “eligible activity” as a conservation activity for specified purposes and types of projects and “eligible land” as specified types of land or associated lands on which agricultural commodities, livestock, or forest-related products are produced. Par. (4)(E). Pub. L. 115–334, § 2702(3)(A), inserted “acequia,” after “irrigation district,”. Par. (4)(I), (J). Pub. L. 115–334, § 2702(3)(B), added subpars. (I) and (J). Par. (5). Pub. L. 115–334, § 2702(4), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The term ‘partnership agreement’ means an agreement entered into under section 3871b of this title between the Secretary and an eligible partner.” Par. (7). Pub. L. 115–334, § 2702(5), added par. (7).

legal/us/code/title-16/chapter-58/section-3871b.md

@@ -0,0 +1,159 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3871b"
+description: "Regional conservation partnerships"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3871b"
+citation: "16 U.S.C. § 3871b"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3871b"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "56ba52e7e5e82dd5e1aa061abb6eb20d54f7c66720954c8a0a01e90e59d55a77"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "6f9049f4201bbe10aed5c0f57098582169fb31cbbab56698ff446083b97e57ef"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3871b - Regional conservation partnerships
+
+## Text
+
+(a) Partnership agreements authorized The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land.
+
+(b) Length (1) In general A partnership agreement shall be—
+
+(A) for a period not to exceed 5 years; or
+
+(B) for a period that is longer than 5 years, if the longer period is necessary to meet the objectives of the program, as determined by the Secretary.
+
+(2) Renewal A partnership agreement may be renewed under subsection (e)(5) for a period not to exceed 5 years.
+
+(3) Extension A partnership agreement, or any renewal of a partnership agreement, may each be extended 1 time for a period not longer than 12 months, as determined by the Secretary.
+
+(c) Duties of partners (1) In general Under a partnership agreement, the eligible partner shall—
+
+(A) define the scope of a project, including—
+
+(i) 1 or more conservation benefits that the project shall achieve;
+
+(ii) the eligible activities on eligible land to be conducted under the project to achieve conservation benefits;
+
+(iii) the implementation timeline for carrying out the project, including any interim milestones;
+
+(iv) the local, State, multistate, or other geographic area covered; and
+
+(v) the planning, outreach, implementation, and assessment to be conducted;
+
+(B) conduct outreach and education to producers for potential participation in the project;
+
+(C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under section 3871c of this title;
+
+(D) leverage financial or technical assistance provided by the Secretary with additional contributions to help achieve the project objectives;
+
+(E) conduct an assessment of—
+
+(i) the progress made by the project in achieving each conservation benefit defined in the partnership agreement, including in a quantified form to the extent practicable; and
+
+(ii) as appropriate, other outcomes of the project; and
+
+(F) at the conclusion of the project, report to the Secretary on its results and funds leveraged.
+
+(2) Contribution (A) In general An eligible partner shall provide a significant portion of the overall costs of the scope of the project that is the subject of the agreement entered into under subsection (a), as determined by the Secretary.
+
+(B) Form A contribution of an eligible partner under this paragraph may be in the form of—
+
+(i) direct funding;
+
+(ii) in-kind support; or
+
+(iii) a combination of direct funding and in-kind support.
+
+(C) Treatment Any amounts expended during the period beginning on the date on which the Secretary announces the approval of an application under subsection (e) and ending on the day before the effective date of the partnership agreement by an eligible partner for staff salaries or development of the partnership agreement may be considered to be a part of the contribution of the eligible partner under this paragraph.
+
+(d) Duties of Secretary The Secretary shall—
+
+(1) establish a timeline for carrying out the duties of the Secretary under a partnership agreement, including—
+
+(A) entering into program contracts with producers;
+
+(B) providing financial assistance to producers; and
+
+(C) in the case of a partnership agreement that is funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, providing the payments to the eligible partner for carrying out eligible activities;
+
+(2) identify in each State a program coordinator for the State, who shall be responsible for providing assistance to eligible partners under the program;
+
+(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);
+
+(4) provide to each eligible partner that has entered into a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title—
+
+(A) a semiannual report describing the status of each pending and obligated contract under the project of the eligible partner; and
+
+(B) an annual report describing how the Secretary used amounts reserved by the Secretary for that year for technical assistance under section 3871d(f) 11 So in original. Probably should be “section 3871d(e)”. of this title; and
+
+(5) ensure that any eligible activity effectively achieves the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).
+
+(e) Applications (1) Competitive process The Secretary shall conduct a simplified competitive process to select applications for partnership agreements and may assess and rank applications with similar conservation purposes as a group.
+
+(2) Criteria used In carrying out the process described in paragraph (1), the Secretary shall make public the criteria used in evaluating applications.
+
+(3) Contents The Secretary shall develop a simplified application that includes a description of—
+
+(A) the scope of the project, as described in subsection (c)(1)(A);
+
+(B) the plan for monitoring, evaluating, and reporting on progress made toward achieving the project’s objectives;
+
+(C) the program resources requested for the project and estimated funding needed from the Secretary;
+
+(D) each eligible partner collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and contribution; and
+
+(E) any other elements the Secretary considers necessary to adequately evaluate and competitively select applications for funding under the program.
+
+(4) Priority to certain applications The Secretary may give a higher priority to applications that—
+
+(A) assist producers in meeting or avoiding the need for a natural resource regulatory requirement;
+
+(B) have a high percentage of producers in the area to be covered by the agreement;
+
+(C) significantly leverage non-Federal financial and technical resources and coordinate with other local, State, or national efforts;
+
+(D) build new partnerships with local, State, and private entities to include a diversity of stakeholders in the project;
+
+(E) deliver a high percentage of applied conservation—
+
+(i) to achieve conservation benefits; or
+
+(ii) in the case of a project in a critical conservation area under section 3871f of this title, to address the priority resource concern for that critical conservation area;
+
+(F) implement the project consistent with existing watershed, habitat, or other area restoration plans;
+
+(G) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods; or
+
+(H) meet other factors that are important for achieving the purposes of the program, as determined by the Secretary.
+
+(5) Renewals If the Secretary determines that a project that is the subject of a partnership agreement has met or exceeded the objectives of the project, the Secretary may renew the partnership agreement through an expedited noncompetitive process if the 1 or more eligible partners that are parties to the partnership agreement request the renewal in order—
+
+(A) to continue to implement the project under a renewal of the partnership agreement; or
+
+(B) to expand the scope of the project under a renewal of the partnership agreement, as long as the expansion is within the objectives and purposes of the original partnership agreement.
+
+(f) Nonapplicability of adjusted gross income limitation The adjusted gross income limitation described in section 1308–3a(b)(1) of title 7 shall not apply to an eligible partner under the program.
+
+(Pub. L. 99–198, title XII, § 1271B, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 746; amended Pub. L. 115–334, title II, § 2703, Dec. 20, 2018, 132 Stat. 4594.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2018—Subsec. (b). Pub. L. 115–334, § 2703(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “A partnership agreement shall be for a period not to exceed 5 years, except that the Secretary may extend the agreement one time for up to 12 months when an extension is necessary to meet the objectives of the program.” Subsec. (c)(1)(A). Pub. L. 115–334, § 2703(2)(A)(i), added cls. (i) to (iii), redesignated former cls. (iii) and (iv) as (iv) and (v), respectively, and struck out former cls. (i) and (ii) which read as follows: “(i) the eligible activities to be implemented; “(ii) the potential agricultural or nonindustrial private forest land operations affected;”. Subsec. (c)(1)(D). Pub. L. 115–334, § 2703(2)(A)(ii), substituted “contributions” for “funds”. Subsec. (c)(1)(E). Pub. L. 115–334, § 2703(2)(A)(iii), substituted “of—” for “of the project’s effects; and” and added cls. (i) and (ii). Subsec. (c)(2). Pub. L. 115–334, § 2703(2)(B), designated existing provisions as subpar. (A), inserted heading, and added subpars. (B) and (C). Subsecs. (d), (e). Pub. L. 115–334, § 2703(3), (4), added subsec. (d) and redesignated former subsec. (d) as (e). Subsec. (e)(1). Pub. L. 115–334, § 2703(5)(A), inserted “simplified” before “competitive process”. Subsec. (e)(3). Pub. L. 115–334, § 2703(5)(B)(i), substituted “Contents” for “Content” in heading and “The Secretary shall develop a simplified application that includes a description of—” for “An application to the Secretary shall include a description of—” in introductory provisions. Subsec. (e)(3)(C). Pub. L. 115–334, § 2703(5)(B)(ii), struck out “, including the covered programs to be used” after “resources requested for the project”. Subsec. (e)(3)(D). Pub. L. 115–334, § 2703(5)(B)(iii), struck out “financial” before “contribution”. Subsec. (e)(4)(D) to (H). Pub. L. 115–334, § 2703(5)(C), added subpars. (D) to (F), redesignated former subpars. (E) and (F) as (G) and (H), respectively, and struck out former subpar. (D) which read as follows: “deliver high percentages of applied conservation to address conservation priorities or regional, State, or national conservation initiatives;”. Subsec. (e)(5). Pub. L. 115–334, § 2703(5)(D), added par. (5). Subsec. (f). Pub. L. 115–334, § 2703(6), added subsec. (f).

legal/us/code/title-16/chapter-58/section-3871c.md

@@ -0,0 +1,103 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3871c"
+description: "Assistance to producers"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3871c"
+citation: "16 U.S.C. § 3871c"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3871c"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "298f344150510e237911588e3267d2362ff4ae307c00fa72c68b29d6262fcbfd"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "1d86e394974edc49db9fb9b10fa129dcae05f0e5e47f1f8b395f4d5dc9a9471c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3871c - Assistance to producers
+
+## Text
+
+(a) In general A producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
+
+(b) Program contracts (1) In general The Secretary shall establish a program contract to be entered into with a producer to conduct eligible activities on eligible land, subject to such terms and conditions as the Secretary may establish.
+
+(2) Application bundles (A) In general An eligible partner may submit to the Secretary, on behalf of producers, a bundle of applications for assistance under the program through program contracts to address a substantial portion of the conservation benefits to be achieved by the project, as defined in the partnership agreement.
+
+(B) Priority The Secretary may give priority to applications described in subparagraph (A).
+
+(c) Payments (1) In general Subject to section 3871d of this title, the Secretary may make payments to a producer in an amount determined by the Secretary to be necessary to achieve the purposes of the program.
+
+(2) Payments to certain producers The Secretary may provide payments for a period of 5 years—
+
+(A) to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and
+
+(B) to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management.
+
+(3) Waiver authority To assist in the implementation of the program, the Secretary may waive the applicability of the limitation in section 1308–3a(b)(2) of title 7 for producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program.
+
+(d) Funding through alternative funding arrangements or grant agreements (1) In general A partnership agreement entered into with an eligible partner may be funded through an alternative funding arrangement or grant in accordance with this subsection.
+
+(2) Duties of the Secretary The Secretary shall—
+
+(A) under a funding agreement under paragraph (1)—
+
+(i) use funding made available to carry out this subchapter to provide funding directly to the eligible partner; and
+
+(ii) provide technical and administrative assistance, as mutually agreed by the parties; and
+
+(B) enter into not more than 15 alternative funding arrangements or grant agreements with 1 or more eligible partners each fiscal year.
+
+(3) Duties of eligible partners Under a funding agreement under paragraph (1), the eligible partner shall—
+
+(A) carry out eligible activities on eligible land in agreement with producers to achieve conservation benefits on a regional or watershed scale, such as—
+
+(i) infrastructure investments relating to agricultural or nonindustrial private forest production that would—
+
+(I) benefit multiple producers; and
+
+(II) address natural resource concerns such as drought, wildfire, or water quality impairment on the land covered by the project;
+
+(ii) projects addressing natural resources concerns in coordination with producers, including the development and implementation of watershed, habitat, or other area restoration plans;
+
+(iii) projects that use innovative approaches to leveraging the Federal investment in conservation with private financial mechanisms, in conjunction with agricultural production or forest resource management, such as—
+
+(I) the provision of performance-based payments to producers; and
+
+(II) support for an environmental market; or
+
+(iv) other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the funding agreement under paragraph (1); and
+
+(B) submit to the Secretary, in addition to any information that the Secretary requires to prepare the report under section 3871e(b) of this title, an annual report that describes the status of the project, including a description of—
+
+(i) the use of the funds awarded under paragraph (1);
+
+(ii) any subcontracts awarded;
+
+(iii) the producers receiving funding through the funding agreement under paragraph (1);
+
+(iv) (I) the progress made by the project in addressing each natural resource concern defined in the funding agreement under paragraph (1), including in a quantified form to the extent practicable; and
+
+(II) as appropriate, other outcomes of the project; and
+
+(v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.
+
+(Pub. L. 99–198, title XII, § 1271C, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 747; amended Pub. L. 115–334, title II, § 2704, Dec. 20, 2018, 132 Stat. 4596.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2018—Subsecs. (a), (b). Pub. L. 115–334, § 2704(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which authorized the Secretary to enter into contracts with producers to provide financial and technical assistance and set forth provisions relating to terms and conditions, respectively. Subsec. (c)(1). Pub. L. 115–334, § 2704(2)(A), substituted “Subject to section 3871d of this title, the Secretary may make payments to a producer” for “In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer”. Subsec. (c)(3). Pub. L. 115–334, § 2704(2)(B), struck out “participating” before “producers”. Subsec. (d). Pub. L. 115–334, § 2704(3), added subsec. (d).

legal/us/code/title-16/chapter-58/section-3871d.md

@@ -0,0 +1,77 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3871d"
+description: "Funding"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3871d"
+citation: "16 U.S.C. § 3871d"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3871d"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "be703077a03e73db3f07cccc492762a5db038e02b955c8769dd19966b714b1d0"
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+text_hash: "0acfda6f3da984159216162e0730e3a2df222d984805d2999cba6f860d9b35c9"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3871d - Funding
+
+## 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.
+
+(Pub. L. 99–198, title XII, § 1271D, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 749; amended Pub. L. 115–334, title II, § 2705, Dec. 20, 2018, 132 Stat. 4598; Pub. L. 117–169, title II, § 21001(c)(7), Aug. 16, 2022, 136 Stat. 2017; Pub. L. 119–21, title I, § 10601(b), July 4, 2025, 139 Stat. 107.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2025—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).

legal/us/code/title-16/chapter-58/section-3871e.md

@@ -0,0 +1,83 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3871e"
+description: "Administration"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3871e"
+citation: "16 U.S.C. § 3871e"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3871e"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "157b157a0cb6b2caefac2d956df2c82383300022ac69767a408365593195296d"
+raw_snapshot_hash: "7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503"
+text_hash: "d22a5b34a93ff3a47e46f6aaa53e8ef0f116328d6a5a31bb8041b28bc9a544d3"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3871e - Administration
+
+## 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 December 31, 2019, 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) 11 So in original. Probably should be preceded by “section”. of this title.
+
+(e) Regulations The Secretary shall issue regulations to carry out the program.
+
+(Pub. L. 99–198, title XII, § 1271E, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 749; amended Pub. L. 115–334, title II, § 2706, Dec. 20, 2018, 132 Stat. 4599.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2018—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 “December 31, 2019” for “December 31, 2014” 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).

legal/us/code/title-16/chapter-58/section-3871f.md

@@ -0,0 +1,87 @@
+---
+type: "LegalText"
+title: "16 U.S.C. § 3871f"
+description: "Critical conservation areas"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 16
+title_name: "CONSERVATION"
+chapter_number: "58"
+chapter_name: "ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM"
+section: "3871f"
+citation: "16 U.S.C. § 3871f"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
+source_identifier: "/us/usc/t16/s3871f"
+source_file: "data/legal/raw/us/code/title-16/usc16.xml"
+source_hash: "caffb24c6bb49f58d86481a6c7dd9db7024be100197970c78849b29bd642b5fb"
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+text_hash: "314e1f612d7262d1295cdb97fa48bc26b0d6111af5d44b89558787fe557f58d8"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 16 U.S.C. § 3871f - Critical conservation areas
+
+## Text
+
+(a) Definitions In this section:
+
+(1) Critical conservation area The term “critical conservation area” means a geographical area that contains a critical conservation condition that can be addressed through the program.
+
+(2) Priority resource concern The term “priority resource concern” means a natural resource concern located in a critical conservation area that can be addressed through—
+
+(A) water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance;
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+(B) water quantity improvement, including improvement relating to—
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+(i) drought;
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+(ii) groundwater, surface water, aquifer, or other water sources; or
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+(iii) water retention and flood prevention;
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+(C) wildlife habitat restoration to address species of concern at a Federal, State, or local level; and
+
+(D) other natural resource improvements, as determined by the Secretary, within the critical conservation area.
+
+(b) Applications In administering funds under section 3871d(d)(2) of this title, the Secretary shall select applications for partnership agreements and program contracts within critical conservation areas designated under this section that address 1 or more priority resource concerns for which the critical conservation area is designated.
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+(c) Critical conservation area designations (1) In general The Secretary shall identify 1 or more priority resource concerns that apply to each critical conservation area designated under this section after February 7, 2014, including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concern.
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+(2) Priority In designating critical conservation areas under this section, the Secretary shall give priority to geographical areas based on the degree to which the geographical area—
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+(A) includes multiple States with significant agricultural production;
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+(B) is covered by an existing regional, State, binational, or multistate agreement or plan that has established objectives, goals, and work plans and is adopted by a Federal, State, or regional authority;
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+(C) contains 1 or more priority resource concerns; or
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+(D) contains producers that need assistance in meeting or avoiding the need for a natural resource regulatory requirement that could have a negative impact on the economic scope of the agricultural operations within the area.
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+(3) Review and withdrawal The Secretary may—
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+(A) review designations of critical conservation areas under this section not more frequently than once every 5 years; and
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+(B) withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area.
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+(4) Limitation The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section.
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+(d) Outreach to eligible partners and producers The Secretary shall provide outreach and education to eligible partners and producers in critical conservation areas designated under this section to encourage the development of projects to address each priority resource concern identified by the Secretary for that critical conservation area.
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+(e) Administration (1) In general Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or program contract under this section in a manner that is consistent with the terms of the program.
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+(2) Relationship to existing activity The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies.
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+(Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 750; amended Pub. L. 115–334, title II, § 2707, Dec. 20, 2018, 132 Stat. 4600.)
+
+## Notes
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+Editorial Notes
+
+Amendments2018—Subsec. (a). Pub. L. 115–334, § 2707(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 115–334, § 2707(1), (3), redesignated subsec. (a) as (b), in heading, substituted “Applications” for “In general”, and, in text, substituted “3871d(d)(2)” for “3871d(d)(3)” and “program contracts” for “producer contracts” and inserted “that address 1 or more priority resource concerns for which the critical conservation area is designated” before period at end. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 115–334, § 2707(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (e). Subsec. (c)(1). Pub. L. 115–334, § 2707(4)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (c)(2). Pub. L. 115–334, § 2707(4)(A), (C), redesignated par. (1) as (2), added subpar. (C), redesignated subpar. (E) as (D), and struck out former subpars. (C) and (D) which read as follows: “(C) would benefit from water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; “(D) would benefit from water quantity improvement, including improvement relating to— “(i) groundwater, surface water, aquifer, or other water sources; or “(ii) a need to promote water retention and flood prevention; or”. Subsec. (c)(3). Pub. L. 115–334, § 2707(4)(D), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “Critical conservation area designations under this section shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw designation from an area if the Secretary finds the area no longer meets the conditions described in paragraph (1).” Pub. L. 115–334, § 2707(4)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 115–334, § 2707(4)(A), redesignated par. (3) as (4). Subsec. (d). Pub. L. 115–334, § 2707(5), added subsec. (d). Subsec. (e). Pub. L. 115–334, § 2707(1), redesignated subsec. (c) as (e). Subsec. (e)(1). Pub. L. 115–334, § 2707(6)(A), substituted “program contract” for “producer contract”. Subsec. (e)(3). Pub. L. 115–334, § 2707(6)(B), struck out par. (3). Text read as follows: “For a critical conservation area described in subsection (b)(1)(D), the Secretary may use authorities under the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), other than section 14 of such Act (16 U.S.C. 1012), to carry out projects for the purposes of this section.”