16 U.S.C. § 3839aa — Purposes

Page 2382 TITLE 16—CONSERVATION § 3839aa 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; modifica- tion of easement. PART IV—ENVIRONMENTAL QUALITY INCENTIVES PROGRAM AND CONSERVATION STEWARDSHIP PROGRAM Editorial Notes CODIFICATION Pub. L. 115–334, title II, § 2301(a)(1), Dec. 20, 2018, 132 Stat. 4551, substituted ‘‘Environmental Quality Incen- tives Program and Conservation Stewardship Program’’ for ‘‘Environmental Quality Incentives Program’’ in part heading. Chapter 4 of subtitle D of title XII of the Food Secu- rity Act of 1985, comprising this part, was originally added to Pub. L. 99–198 by Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 996. Chapter 4 is shown herein, however, as having been added by Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 253, because of the ex- tensive revision of the chapter’s provisions by Pub. L. 107–171. Such revision did not contain a chapter head- ing, which was subsequently added by Pub. L. 110–234, title II, § 2501(b), May 22, 2008, 122 Stat. 1058, and Pub. L. 110–246, § 4(a), title II, § 2501(b), June 18, 2008, 122 Stat. 1664, 1786. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246 effective May 22, 2008, the date of enact- ment of Pub. L. 110–234. SUBPART A—ENVIRONMENTAL QUALITY INCENTIVES PROGRAM § 3839aa. Purposes The purposes of the environmental quality in- centives program established by this subpart are to promote agricultural production, forest man- agement, and environmental quality as compat- ible goals, and to optimize environmental bene- fits, by— (1) assisting producers in complying with local, State, and national regulatory require- ments concerning— (A) soil, water, and air quality; (B) wildlife habitat; and (C) surface and ground water conservation; (2) avoiding, to the maximum extent prac- ticable, 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 nat- ural 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 ex- pected resource concerns related to organic production, grazing management, fuels man- agement, forest management, nutrient man- agement associated with crops and livestock, pest management, irrigation management, adapting to, and mitigating against, increas- ing 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.) 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 PROVISIONS A 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. AMENDMENTS 2018—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: ‘‘as- sisting producers to make beneficial, cost effective changes to production systems (including conservation practices related to organic production), grazing man- agement, fuels management, forest management, nutri- ent management associated with livestock, pest or irri- gation 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 proc- esses 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 in- troductory 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 in- stall and maintain conservation practices that enhance soil, water, related natural resources (including grazing land and wetland), and wildlife while sustaining pro- duction of food and fiber; ‘‘(4) assisting producers to make beneficial, cost ef- fective changes to cropping systems, grazing manage- ment, 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 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Page 2383 TITLE 16—CONSERVATION § 3839aa–1 Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. EFFECT ON EXISTING CONTRACTS Pub. 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 Agri- cultural Act of 2014 [Feb. 7, 2014], or any payments re- quired to be made in connection with the contract.’’ § 3839aa–1. Definitions In this subpart: (1) Conservation planning assessment The term ‘‘conservation planning assess- ment’’ 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 (includ- ing a certified rangeland professional); (B) assesses rangeland or cropland func- tion and describes conservation activities to enhance the economic and ecological man- agement of that land; and (C) can be incorporated into a comprehen- sive planning document required by the Sec- retary for enrollment in a conservation pro- gram 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 fol- lowing: (i) Cropland. (ii) Grassland. (iii) Rangeland. (iv) Pasture land. (v) Nonindustrial private forest land. (vi) Other agricultural land (including cropped woodland, marshes, environ- mentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural produc- tion could be addressed through a contract under the program, as determined by the Secretary. (3) Incentive practice The term ‘‘incentive practice’’ means a prac- tice or set of practices approved by the Sec- retary that, when implemented and main- tained on eligible land, address 1 or more pri- ority resource concerns. (4) Organic system plan The term ‘‘organic system plan’’ means an organic plan approved under the national or- ganic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). (5) Payment The term ‘‘payment’’ means financial assist- ance provided to a producer for performing practices under this subpart, including com- pensation for— (A) incurred costs associated with plan- ning, design, materials, equipment, installa- tion, labor, management, maintenance, or training; and (B) income forgone by the producer. (6) Practice The term ‘‘practice’’ means 1 or more im- provements and conservation activities that are consistent with the purposes of the pro- gram 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 eli- gible 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 in- creasing 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 deter- mines 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 de- termined 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 environ- mental quality incentives program established by this subpart. (9) Soil remediation The term ‘‘soil remediation’’ means scientif- ically based practices that— (A) ensure the safety of producers from contaminants in soil; (B) limit contaminants in soil from enter- ing agricultural products for human or ani- mal consumption; and