16 U.S.C. § 3801 — Definitions

Page 2338 TITLE 16—CONSERVATION § 3801 Sec. 3812. Exemptions. 3812a. Development and implementation of con- servation plans and conservation systems. 3813. Soil surveys. 3814. Notice and investigation of possible compli- ance deficiencies. SUBCHAPTER III—WETLAND CONSERVATION 3821. Program ineligibility. 3822. Delineation of wetlands; exemptions. 3823. Affiliated persons. 3824. Fairness of compliance. SUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAM PART I—COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM SUBPART A—GENERAL PROVISIONS 3830, 3830a. Repealed. SUBPART B—CONSERVATION RESERVE 3831. Conservation reserve. 3831a. Conservation reserve enhancement program. 3831b. Farmable wetland program. 3831c. Pilot programs. 3832. Duties of owners and operators. 3833. Duties of the Secretary. 3834. Payments. 3835. Contracts. 3835a. Repealed. SUBPART C—WETLANDS RESERVE PROGRAM 3837 to 3837f. Repealed. PART II—CONSERVATION SECURITY AND FARMLAND PROTECTION SUBPART A—CONSERVATION SECURITY PROGRAM 3838 to 3838c. Repealed. SUBPART B—CONSERVATION STEWARDSHIP PROGRAM 3838d to 3838g. Transferred. SUBPART C—FARMLAND PROTECTION PROGRAM 3838h to 3838j. Repealed. SUBPART D—GRASSLAND RESERVE PROGRAM 3838n to 3838q. Repealed. PART III—ENVIRONMENTAL EASEMENT PROGRAM 3839 to 3839d. Repealed. PART IV—ENVIRONMENTAL QUALITY INCENTIVES PROGRAM AND CONSERVATION STEWARDSHIP PROGRAM SUBPART A—ENVIRONMENTAL QUALITY INCENTIVES PROGRAM 3839aa. Purposes. 3839aa–1. Definitions. 3839aa–2. Establishment and administration. 3839aa–3. Evaluation of applications. 3839aa–4. Duties of producers. 3839aa–5. Environmental quality incentives program plan. 3839aa–6. Duties of the Secretary. 3839aa–7. Limitation on payments. 3839aa–8. Conservation innovation grants and pay- ments. 3839aa–9. Repealed. SUBPART B—CONSERVATION STEWARDSHIP PROGRAM 3839aa–21. Definitions. 3839aa–22. Conservation stewardship program. 3839aa–23. Stewardship contracts. 3839aa–24. Duties of the Secretary. 3839aa–25. Grassland conservation initiative. Sec. PART V—OTHER CONSERVATION PROGRAMS 3839bb. Conservation of private grazing land. 3839bb–1. Repealed. 3839bb–2. Grassroots source water protection program. 3839bb–3, 3839bb–4. Repealed. 3839bb–5. Voluntary public access and habitat incentive program. 3839bb–6. Terminal lakes assistance. SUBCHAPTER V—FUNDING AND ADMINISTRATION 3841. Commodity Credit Corporation. 3842. Delivery of technical assistance. 3843. Repealed. 3844. Administrative requirements for conserva- tion programs. 3845. Environmental services markets. 3846. Regulations. 3847. Data on conservation practices. SUBCHAPTER V–A—OTHER CONSERVATION PROGRAMS 3851. Experienced services program. 3851a. Forest Service participation in ACES Pro- gram. SUBCHAPTER VI—STATE TECHNICAL COMMITTEES 3861. Establishment of State technical committees. 3862. Responsibilities. SUBCHAPTER VII—AGRICULTURAL CONSERVATION EASEMENT PROGRAM 3865. Establishment and purposes. 3865a. Definitions. 3865b. Agricultural land easements. 3865c. Wetland reserve easements. 3865d. Administration. SUBCHAPTER VIII—REGIONAL CONSERVATION PARTNERSHIP PROGRAM 3871. Establishment and purposes. 3871a. Definitions. 3871b. Regional conservation partnerships. 3871c. Assistance to producers. 3871d. Funding. 3871e. Administration. 3871f. Critical conservation areas. SUBCHAPTER I—DEFINITIONS § 3801. Definitions (a) For purposes of subchapters I through VIII: (1) The term ‘‘agricultural commodity’’ means— (A) any agricultural commodity planted and produced in a State by annual tilling of the soil, including tilling by one-trip plant- ers; or (B) sugarcane planted and produced in a State. (2) BEGINNING FARMER OR RANCHER.—The term ‘‘beginning farmer or rancher’’ has the meaning given the term in section 1991(a)(8) of title 7. (3) CONSERVATION PLAN.—The term ‘‘con- servation plan’’ means the document that— (A) applies to highly erodible cropland; (B) describes the conservation system ap- plicable to the highly erodible cropland and describes the decisions of the person with re- spect to location, land use, tillage systems, and conservation treatment measures and schedule; and (C) is approved by the local soil conserva- tion district, in consultation with the local Page 2339 TITLE 16—CONSERVATION § 3801 committees established under section 590h(b)(5) of this title and the Secretary, or by the Secretary. (4) CONSERVATION SYSTEM.—The term ‘‘con- servation system’’ means a combination of 1 or more conservation measures or manage- ment practices that— (A) are based on local resource conditions, available conservation technology, and the standards and guidelines contained in the Natural Resources Conservation Service field office technical guides; and (B) are designed to achieve, in a cost effec- tive and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing high- ly erodible cropland when compared to the level of erosion or soil conditions that ex- isted before the application of the conserva- tion measures and management practices. (5) The term ‘‘conservation district’’ means any district or unit of State or local govern- ment formed under State or territorial law for the express purpose of developing and carrying out a local soil and water conservation pro- gram. Such district or unit of government may be referred to as a ‘‘conservation dis- trict’’, ‘‘soil conservation district’’, ‘‘soil and water conservation district’’, ‘‘resource con- servation district’’, ‘‘natural resource dis- trict’’, ‘‘land conservation committee’’, or a similar name. (6) The term ‘‘cost sharing payment’’ means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland under the provisions of section 3834(b) of this title. (7)(A) The term ‘‘converted wetland’’ means wetland that has been drained, dredged, filled, leveled, or otherwise manipulated (including any activity that results in impairing or re- ducing the flow, circulation, or reach of water) for the purpose or to have the effect of making the production of an agricultural commodity possible if— (i) such production would not have been possible but for such action; and (ii) before such action— (I) such land was wetland; and (II) such land was neither highly erodible land nor highly erodible cropland. (B) Wetland shall not be considered con- verted wetland if production of an agricultural commodity on such land during a crop year— (i) is possible as a result of a natural con- dition, such as drought; and (ii) is not assisted by an action of the pro- ducer that destroys natural wetland charac- teristics. (8) FARM.—The term ‘‘farm’’ means a farm that— (A) is under the general control of one op- erator; (B) has one or more owners; (C) consists of one or more tracts of land, whether or not contiguous; (D) is located within a county or region, as determined by the Secretary; and (E) may contain lands that are incidental to the production of perennial crops, includ- ing conserving uses, forestry, and livestock, as determined by the Secretary. (9) FIELD.—The term ‘‘field’’ means a part of a farm that is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, or other similar features. At the option of the owner or operator of the farm, croplines may also be used to delineate a field if farming practices make it probable that the croplines are not subject to change. Any highly erodible land on which an agricultural commodity is produced after December 23, 1985, and that is not exempt under section 3812 of this title, shall be consid- ered as part of the field in which the land was included on December 23, 1985, unless the owner and Secretary agree to modification of the boundaries of the field to carry out this chapter. (10) The term ‘‘highly erodible cropland’’ means highly erodible land that is in cropland use, as determined by the Secretary. (11)(A) The term ‘‘highly erodible land’’ means land— (i) that is classified by the Soil Conserva- tion Service as class IV, VI, VII, or VIII land under the land capability classification sys- tem in effect on December 23, 1985; or (ii) that has, or that if used to produce an agricultural commodity, would have an ex- cessive average annual rate of erosion in re- lation to the soil loss tolerance level, as es- tablished by the Secretary, and as deter- mined by the Secretary through application of factors from the universal soil loss equa- tion and the wind erosion equation, includ- ing factors for climate, soil erodibility, and field slope. (B) For purposes of this paragraph, the land capability class or rate of erosion for a field shall be that determined by the Secretary to be the predominant class or rate of erosion under regulations issued by the Secretary. (C) EQUATIONS.—Not later than 60 days after the date of enactment of this subparagraph, the Secretary shall publish in the Federal Register the universal soil loss equation and wind erosion equation used by the Department of Agriculture as of that date. The Secretary may not change the equations after that date except following notice and comment in a manner consistent with section 553 of title 5. (12) The term ‘‘hydric soil’’ means soil that, in its undrained condition, is saturated, flood- ed, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation. (13) The term ‘‘hydrophytic vegetation’’ means a plant growing in— (A) water; or (B) a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content. (14) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 5304(e) of title 25. (15) The term ‘‘in-kind commodities’’ means commodities that are normally produced on Page 2340 TITLE 16—CONSERVATION § 3801 1 See References in Text note below. land that is the subject of an agreement en- tered into under subchapter IV. (16) INTEGRATED PEST MANAGEMENT.—The term ‘‘integrated pest management’’ means a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes eco- nomic, health, and environmental risks. (17) LIVESTOCK.—The term ‘‘livestock’’ means all animals raised on farms, as deter- mined by the Secretary. (18) NONINDUSTRIAL PRIVATE FOREST LAND.— The term ‘‘nonindustrial private forest land’’ means rural land, as determined by the Sec- retary, that— (A) has existing tree cover or is suitable for growing trees; and (B) is owned by any nonindustrial private individual, group, association, corporation, Indian tribe, or other private legal entity that has definitive decisionmaking author- ity over the land. (19) PERSON AND LEGAL ENTITY.—For pur- poses of applying payment limitations under subchapter IV, the terms ‘‘person’’ and ‘‘legal entity’’ have the meanings given those terms in section 1308(a) of title 7. (20) The term ‘‘rental payment’’ means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland to compensate the owner or operator for retiring such land from crop production and placing such land in the conservation reserve in accordance with sub- chapter IV. (21) The term ‘‘Secretary’’ means the Sec- retary of Agriculture. (22) The term ‘‘shelterbelt’’ means a vegeta- tive barrier with a linear configuration com- posed of trees, shrubs, and other approved pe- rennial vegetation. (23) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The term ‘‘socially disadvantaged farmer or rancher’’ has the meaning given the term in section 2279(e)(2) 1 of title 7. (24) The term ‘‘State’’ means each of the 50 States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. (25) TECHNICAL ASSISTANCE.—The term ‘‘tech- nical assistance’’ means technical expertise, information, and tools necessary for the con- servation of natural resources on land active in agricultural, forestry, or related uses. The term includes the following: (A) Technical services provided directly to farmers, ranchers, and other eligible enti- ties, such as conservation planning, tech- nical consultation, and assistance with de- sign and implementation of conservation practices. (B) Technical infrastructure, including ac- tivities, processes, tools, and agency func- tions needed to support delivery of technical services, such as technical standards, re- source inventories, training, data, tech- nology, monitoring, and effects analyses. (26) The term ‘‘vegetative cover’’ means— (A) perennial grasses, legumes, forbs, or shrubs with an expected life span of 5 or more years; or (B) trees. (27) The term ‘‘wetland’’, except when such term is part of the term ‘‘converted wetland’’, means land that— (A) has a predominance of hydric soils; (B) is 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; and (C) under normal circumstances does sup- port a prevalence of such vegetation. For purposes of this Act, and any other Act, this term shall not include lands in Alaska identified as having high potential for agricul- tural development which have a predominance of permafrost soils. (b) The Secretary shall develop— (1) criteria for the identification of hydric soils and hydrophytic vegetation; and (2) lists of such soils and such vegetation. (Pub. L. 99–198, title XII, § 1201, Dec. 23, 1985, 99 Stat. 1504; Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 714; Pub. L. 101–624, title XIV, § 1421(a), Nov. 28, 1990, 104 Stat. 3572; Pub. L. 104–127, title III, § 301(a)–(c), Apr. 4, 1996, 110 Stat. 980, 981; Pub. L. 110–234, title II, § 2001, May 22, 2008, 122 Stat. 1025; Pub. L. 110–246, § 4(a), title II, § 2001, June 18, 2008, 122 Stat. 1664, 1753; Pub. L. 113–79, title II, § 2713(a), Feb. 7, 2014, 128 Stat. 772.) Editorial Notes REFERENCES IN TEXT Subchapters I through VIII, referred to in subsec. (a), was in the original a reference to subtitles A through I, meaning subtitles A through I of title XII of Pub. L. 99–198. Subtitles A through E and G through I are clas- sified generally to subchapters I through V and VI through VIII of this chapter. Subtitle F of title XII was repealed by Pub. L. 104–127. Section 3851 of this title, contained in subchapter V–A, is based on section 1252 of Pub. L. 99–198, which was directed to be added to the previously repealed subtitle F by Pub. L. 110–246. See Codification note set out under section 3851 of this title. This chapter, referred to in subsec. (a)(9), was in the original ‘‘this title’’, meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7. The date of enactment of this subparagraph, referred to in subsec. (a)(11)(C), is the date of enactment of Pub. L. 104–127, which was approved Apr. 4, 1996. Section 2279(e)(2) of title 7, referred to in subsec. (a)(23), was redesignated section 2279(a)(5) of title 7 by section 12301(b)(3), (5)(B) of Pub. L. 115–334. This Act, referred to in subsec. (a)(27), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, known as the Food Se- curity Act of 1985. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. Page 2341 TITLE 16—CONSERVATION § 3801 L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–79 substituted ‘‘VIII’’ for ‘‘V’’ in introductory provisions. 2008—Subsec. (a)(2) to (27). Pub. L. 110–246, § 2001, added pars. (2), (8), (14), (16) to (19), (23), and (25) and re- designated former pars. (2) to (18) as (3) to (7), (9) to (13), (15), (20) to (22), (24), (26), and (27), respectively. 1996—Subsec. (a)(2) to (6). Pub. L. 104–127, § 301(a), added pars. (2) and (3) and redesignated former pars. (2) to (4) as (4) to (6), respectively. Former pars. (5) and (6) redesignated (7) and (8), respectively. Subsec. (a)(7). Pub. L. 104–127, § 301(b), added par. (7) and struck out former par. (7) which read as follows: ‘‘The term ‘field’ means such term as is defined in sec- tion 718.2(b)(9) of title 7 of the Code of Federal Regula- tions (as of January 1, 1985), except that any highly erodible land on which an agricultural commodity is produced after December 23, 1985, and that is not ex- empt under section 3812 of this title shall be considered as part of the field in which such land was included on December 23, 1985, unless the Secretary permits modi- fication of the boundaries of the field to carry out sub- chapters I through V of this chapter.’’ Pub. L. 104–127, § 301(a)(1), redesignated par. (5) as (7). Former par. (7) redesignated (9). Subsec. (a)(8). Pub. L. 104–127, § 301(a)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10). Subsec. (a)(9). Pub. L. 104–127, § 301(a)(1), redesignated par. (7) as (9). Former par. (9) redesignated (11). Subsec. (a)(9)(C). Pub. L. 104–127, § 301(c), added sub- par. (C). Subsec. (a)(10) to (18). Pub. L. 104–127, § 301(a)(1), re- designated pars. (8) to (16) as (10) to (18), respectively. 1990—Subsec. (a)(16). Pub. L. 101–624 substituted intro- ductory provisions and subpars. (A) to (C) for ‘‘The term ‘wetland’, except when such term is part of the term ‘converted wetland’, means land that has a pre- dominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.’’ 1986—Subsec. (a)(16). Pub. L. 99–349 inserted provision that for purposes of this Act, and any other Act, the term ‘‘wetland’’ shall not include lands in Alaska iden- tified as having high potential for agricultural develop- ment which have a predominance of permafrost soils. 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 Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–234, title III, § 3001, June 15, 2006, 120 Stat. 474, provided that: ‘‘This title [amending section 3831 of this title] may be cited as the ‘Emergency Agricultural Disaster Assistance Act of 2006’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–7, div. N, title II, § 201, Feb. 20, 2003, 117 Stat. 538, provided that: ‘‘This title [amending sections 3832 and 3841 of this title] may be cited as the ‘Agricul- tural Assistance Act of 2003’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–387, § 1(a) [title XI, § 1101], Oct. 28, 2000, 114 Stat. 1549, 1549A–75, provided that: ‘‘This title [amend- ing sections 3831 and 3832 of this title and enacting pro- visions set out as notes under section 3831 of this title] may be cited as the ‘Conservation of Farmable Wetland Act of 2000’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–624, title XIV, § 1401, Nov. 28, 1990, 104 Stat. 3568, provided that: ‘‘This title [enacting sections 1003a, 1010, 3824, 3830, 3835a, 3837 to 3837f, 3838 to 3838f, 3839 to 3839d, 3846, 3847, 3861, and 3862 of this title and sections 136i–1, 2814, 3130, 5401 to 5403, 5501 to 5506 and 5822 of Title 7, Agriculture, amending this section, sec- tions 590p, 1002, 1003, 3459, 3461, 3811, 3812, 3821 to 3823, 3831, 3832, 3834, 3835, 3836, 3843, and 3845 of this title, and sections 136a, 136a–1, 136d, 136w–3, 3157, and 4202 of Title 7, and enacting provisions set out as notes under this section and sections 2101 and 3831 of this title and sec- tions 136a and 4201 of Title 7] may be cited as the ‘Con- servation Program Improvements Act’.’’ REGULATIONS Pub. L. 110–234, title II, § 2904, May 22, 2008, 122 Stat. 1091, and Pub. L. 110–246, § 4(a), title II, § 2904, June 18, 2008, 122 Stat. 1664, 1819, provided that: ‘‘(a) ISSUANCE.—Except as otherwise provided in this title [see Tables for classification] or an amendment made by this title, not later than 90 days after the date of enactment of this Act [June 18, 2008], the Secretary of Agriculture, in consultation with the Commodity Credit Corporation, shall promulgate such regulations as are necessary to implement this title. ‘‘(b) APPLICABLE AUTHORITY.—The promulgation of regulations under subsection (a) and administration of this title— ‘‘(1) shall be carried out without regard to— ‘‘(A) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and ‘‘(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and ‘‘(2) may— ‘‘(A) be promulgated with an opportunity for no- tice and comment; or ‘‘(B) if determined to be appropriate by the Sec- retary of Agriculture or the Commodity Credit Cor- poration, as an interim rule effective on publica- tion with an opportunity for notice and comment. ‘‘(c) CONGRESSIONAL REVIEW OF AGENCY RULE- MAKING.—In carrying out this section, the Secretary shall use the authority provided under section 808(2) of title 5, United States Code.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] Pub. L. 107–171, title II, § 2702, May 13, 2002, 116 Stat. 279, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this title [see Tables for classification] or an amend- ment made by this title, not later than 90 days after the date of enactment of this Act [May 13, 2002], the Secretary of Agriculture, in consultation with the Commodity Credit Corporation, shall promulgate such regulations as are necessary to implement this title. ‘‘(b) APPLICABLE AUTHORITY.—The promulgation of regulations under subsection (a) and administration of this title— ‘‘(1) shall— ‘‘(A) be carried out without regard to chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and ‘‘(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and ‘‘(2) may— ‘‘(A) be promulgated with an opportunity for no- tice and comment; or ‘‘(B) if determined to be appropriate by the Sec- retary of Agriculture or the Commodity Credit Cor- Page 2342 TITLE 16—CONSERVATION § 3801 poration, as an interim rule effective on publica- tion with an opportunity for notice and comment. ‘‘(c) CONGRESSIONAL REVIEW OF AGENCY RULE- MAKING.—In carrying out this section, the Secretary shall use the authority provided under section 808(2) of title 5, United States Code.’’ TEMPORARY ADMINISTRATION OF CONSERVATION PROGRAMS Pub. L. 115–334, title II, § 2504, Dec. 20, 2018, 132 Stat. 4584, provided that: ‘‘(a) INTERIM ADMINISTRATION.—Subject to subsection (d), the Secretary [of Agriculture] shall use the applica- ble regulations in effect on the day before the date of enactment of this Act [Dec. 20, 2018], to the extent that the terms and conditions of those regulations are con- sistent with the amendments made by this title [see Tables for classification], to carry out the programs under laws as amended by this title, including— ‘‘(1) the conservation reserve program under sub- chapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) (as amended by subtitle B); ‘‘(2) the environmental quality incentives program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq[.]) (as added by section 2301(a)(1) and amended by subtitle C); ‘‘(3) the conservation stewardship program under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (b) of section 2301 and amended by subtitle C); and ‘‘(4) the agricultural conservation easement pro- gram established under subtitle H of title XII of the Food Security Act of 1985 (16 U.S.C. 3865 et seq.) (as amended by subtitle F). ‘‘(b) REGIONAL CONSERVATION PARTNERSHIP PRO- GRAM.—Notwithstanding subsection (e) of section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) (as amended by section 2706), and subject to subsection (d), for fiscal year 2019, the Secretary may use an avail- ability of program funding announcement consistent with the amendments made by subtitle G [subtitle G (§§ 2701–2707) of title II of Pub. L. 115–334, amending sec- tions 3871 to 3871f of this title] to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 (16 U.S.C. 3871 et seq.) without issuing a regulation. ‘‘(c) FUNDING.—The Secretary may only use funds au- thorized to be made available by this title or the amendments made by this title for the specific pro- grams described in paragraphs (1) through (4) of sub- section (a) and subsection (b), in accordance with any restrictions on the use of those funds, for the purposes described in subsections (a) and (b). ‘‘(d) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out subsections (a) and (b) shall terminate on September 30, 2019. ‘‘(e) PERMANENT ADMINISTRATION.—Effective begin- ning on the termination date described in subsection (d), the Secretary shall carry out this title and the amendments made by this title in accordance with such final regulations as the Secretary considers necessary to carry out this title and the amendments made by this title.’’ Pub. L. 113–79, title II, § 2712, Feb. 7, 2014, 128 Stat. 771, provided that: ‘‘(a) APPLICABILITY.—This section is applicable to ac- tivities under— ‘‘(1) the wetlands reserve program, the farmland protection program, and the farm viability program being merged into the agricultural conservation ease- ment program under the amendment made by section 2301 [enacting sections 3865 to 3865d of this title and amending section 3844 of this title]; ‘‘(2) the wildlife habitat incentive program being merged into the environmental quality incentives program under the amendments made by subtitle C [subtitle C (§§ 2201–2208) of title II of Pub. L. 113–79, amending sections 3839aa to 3839aa–4, 3839aa–7, and 3839aa–8 of this title]; ‘‘(3) the agricultural water enhancement program, the Chesapeake Bay watershed program, the coopera- tive conservation partnership initiative, and the Great Lakes basin program being merged into the re- gional conservation partnership program under the amendment made by section 2401 [enacting sections 3871 to 3871f of this title]; and ‘‘(4) the grassland reserve program being merged into the conservation reserve program under the amendments made by subtitle A [subtitle A (§§ 2001–2008) of title II of Pub. L. 113–79, amending sections 3831, 3831b, and 3832 to 3835 of this title and repealing section 3835a of this title] and into the agri- cultural conservation easement program under the amendment made by section 2301. ‘‘(b) INTERIM ADMINISTRATION.—Subject to subsection (d), with respect to the implementation of the agricul- tural conservation easement program under subtitle H of title XII of the Food Security Act of 1985 [16 U.S.C. 3865 et seq.], as added by section 2301, the amendments to the environmental quality incentives program made by subtitle C, the regional conservation partnership program under subtitle I of title XII of the Food Secu- rity Act of 1985 [16 U.S.C. 3871 et seq.], as added by sec- tion 2401, and the amendments to the conservation re- serve program made by subtitle A, the Secretary [of Agriculture] shall use the regulations in existence as of the day before the date of enactment of this Act [Feb. 7, 2014] that are applicable to the wetlands reserve pro- gram, the grassland reserve program, the farmland pro- tection program, the farm viability program, the wild- life habitat incentive program, the agricultural water enhancement program, the Chesapeake Bay watershed program, the cooperative conservation partnership ini- tiative, and the Great Lakes basin program repealed by this subtitle [subtitle H (§§ 2701–2713) of title II of Pub. L. 113–79, see Tables for classification], to the extent that the terms and conditions of such regulations are consistent with— ‘‘(1) the provisions of the agricultural conservation easement program and the regional conservation partnership program; and ‘‘(2) the amendments to the environmental quality incentives program and the conservation reserve pro- gram made by this title. ‘‘(c) FUNDING.—The Secretary may only use funds au- thorized in this title [see Tables for classification] or in the amendments made by this title for the specific pro- grams listed in subsection (b), including any restric- tions on the use of those funds, for the purposes identi- fied in paragraphs (1) and (2) of subsection (b). ‘‘(d) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out subsection (b) shall termi- nate on the date that is 270 days after the date of enact- ment of this Act. ‘‘(e) PERMANENT ADMINISTRATION.—Effective begin- ning on the termination date described in subsection (d), the Secretary shall provide technical assistance, fi- nancial assistance, and easement enrollment in accord- ance with any final regulations that the Secretary con- siders necessary to carry out this title and the amend- ments made by this title.’’ CONTINUATION OF PROGRAMS IN FISCAL YEAR 2008 Pub. L. 110–234, title II, § 2903(a), May 22, 2008, 122 Stat. 1091, and Pub. L. 110–246, § 4(a), title II, § 2903(a), June 18, 2008, 122 Stat. 1664, 1819, provided that: ‘‘Except as otherwise provided by an amendment made by this title [see Tables for classification], the Secretary of Agriculture shall continue to carry out any program or activity covered by title XII of the Food Security Act (16 U.S.C. 3801 et seq.) until September 30, 2008, using the provisions of law applicable to the program or ac- tivity as they existed on the day before the date of the enactment of this Act [June 18, 2008] and using funds made available under such title for fiscal year 2008 for the program or activity.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) Page 2343 TITLE 16—CONSERVATION § 3811 1 See Change of Name note below. of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] REFORM AND ASSESSMENT OF CONSERVATION PROGRAMS Pub. L. 107–171, title II, § 2005, May 13, 2002, 116 Stat. 237, required the Secretary of Agriculture to develop a plan to coordinate land retirement and agricultural working land conservation programs that are adminis- tered by the Secretary to achieve the goals of elimi- nating redundancy, streamlining program delivery, and improving services provided to agricultural producers and to submit to Congress a report on this plan by Dec. 31, 2005. CONSERVATION CORRIDOR DEMONSTRATION PROGRAM Pub. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat. 1215, which authorized the Secretary of the Army to provide technical assistance to the Secretary of Agri- culture for use in carrying out the Conservation Cor- ridor Demonstration Program established under sub- title G of title II of Pub. L. 107–171, formerly set out below, was repealed by Pub. L. 115–334, title II, § 2811(b), Dec. 20, 2018, 132 Stat. 4602. Pub. L. 107–171, title II, subtitle G, May 13, 2002, 116 Stat. 275, which related to a Conservation Corridor Demonstration Program to integrate agriculture and forestry conservation programs of the Department of Agriculture with State and local efforts to address farm conservation needs on the Delmarva Peninsula, was repealed by Pub. L. 115–334, title II, § 2811(a), Dec. 20, 2018, 132 Stat. 4602. CRANBERRY ACREAGE RESERVE PROGRAM Pub. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat. 515, which authorized the Secretary of Agriculture to establish a program to purchase permanent easements in wetlands or buffer strips that were used or had a his- tory of being used for the cultivation of cranberries and that were located in environmentally sensitive areas, was repealed by Pub. L. 115–334, title II, § 2812, Dec. 20, 2018, 132 Stat. 4602. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SUBCHAPTER II—HIGHLY ERODIBLE LAND CONSERVATION § 3811. Program ineligibility (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 ag- ricultural 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 pro- gram administered by the Secretary to reduce production of an agricultural commodity, as de- termined 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 pay- ment 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 De- velopment Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,1 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 Fed- eral Crop Insurance Act (7 U.S.C. 1501 et seq.), on the condition that if a person is de- termined to have committed a violation under this subsection during a crop year, in- eligibility under this subparagraph shall— (i) only apply to reinsurance years subse- quent 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 com- modity acquired by the Commodity Credit Corporation; or (3) during the crop year— (A) a payment made pursuant to a con- tract 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 dele- gate 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.) Editorial Notes REFERENCES IN TEXT The 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