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16 U.S.C. § 3843 — Repealed. Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3843 — Repealed. Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770

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Source file: Laws/federal/codes/united-states-code/title-16/section-3843-repealed-pub-l-11379-title-ii-2710-a-feb-7-2014-128-stat-770--fee24d6259.md
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Source location: Title 16, Chapter 58, § 3843; chapter-058-erodible-land-and-wetland-conservation-and-reserve-program.md

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### Statutory 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. #### Repeal; Transitional Provisions Pub. 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U.S.C. 3843](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3843&num=0&edition=prelim)) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing contracts and agreements.—The amendment made by this section [repealing [section 3843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3843&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3843&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3843&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871&num=0&edition=prelim) 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.”

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3871 — Establishment and purposes

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871c/d&num=0&edition=prelim), 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 simila

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3822 — Delineation of wetlands; exemptions

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3821&num=0&edition=prelim); 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 subjec

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3844 — Administrative requirements for conservation programs

**(a) Incentives for certain farmers and ranchers and Indian tribes** (1) **Incentives authorized** — In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program— (A) to foster new farming and ranching opportunities; and (B) to enhance long-term environmental goals. (2) **Covered persons** — Incentives authorized by paragraph (1) may be provided to the following: (A) Beginning farmers or ranchers. (B) Socially disadvantaged farmers or ranchers. (C) Limited resource farmers or ranchers. (D) Indian tribes. (E) Veteran farmers or ranchers (as defined in section 2279(e) 11 See References in Text note below. of title 7). **(b) Privacy of personal information relating to natural resources conservation programs** (1) **Information received for technical and financial assistance** (A) *In general* — In accordance with [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)— (i) shall not be considered to be public information; and (ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture. (B) *Information* — The information referred to in subparagraph (A) is information— (i) provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources c

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3843 — Repealed. Pub. L. 113–79, title II, § 2710(a),

Page 2418 TITLE 16—CONSERVATION § 3843 § 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (c), (d), (g)(1), and (h)(3), was in the original ‘‘this title’’, mean- ing title XII of Pub. L. 99–198, which enacted this chap- ter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sec- tions 4207 and 4209 of Title 7, Agriculture, and provi- sions 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 re- flect the probable intent of Congress. PRIOR PROVISIONS A 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 re- peal 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, §

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3871 — Establishment and purposes

Page 2438 TITLE 16—CONSERVATION § 3871 1 See References in Text note below. title H (§§ 2701–2713) of title II of the Act amended sec- tions 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 classifica- tion of this Act to the Code, see Short Title note set out under section 9001 of Title 7, Agriculture, and Ta- bles. AMENDMENTS 2018—Subsec. (a)(4). Pub. L. 115–334, § 2605(1), sub- stituted ‘‘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 termi- nate 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). SUBCHAPTER VIII—REGIONAL CONSERVATION PARTNERSHIP PROGRAM § 3871. Establishment and purposes (a) Establishment The Secretary shall establish a regional con- servation partnership program to implement eli- gible activities on eligible land through— (1) partnership agreements, including part- nership agreements funded through alter- native funding arrangements or grant agree- ments 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

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