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7 U.S.C. § 6933 — Farm Service Agency

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

7 U.S.C. § 6933 — Farm Service Agency

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Source location: Title 7, Chapter 98, § 6933; chapter-098-department-of-agriculture-reorganization.md

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**(a) Establishment** The Secretary is authorized to establish and maintain in the Department a Farm Service Agency. **(b) Functions** If the Secretary establishes the Farm Service Agency under subsection (a), the Secretary is authorized to assign to the Agency jurisdiction over the following functions: (1) Agricultural price and income support programs, production adjustment programs, and related programs. (2) Repealed. Pub. L. 104–127, title I, § 194(c), Apr. 4, 1996, 110 Stat. 946. (3) Agricultural credit programs assigned before October 13, 1994, by law to the Farmers Home Administration (including farm ownership and operating, emergency, and disaster loan programs) and other lending programs for agricultural producers and others engaged in the production of agricultural commodities. (4) Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 [[16 U.S.C. 3831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3831&num=0&edition=prelim) et seq.]. (5) Such other functions as the Secretary considers appropriate, except for those programs assigned by the Secretary to the Natural Resources Conservation Service or another agency of the Department under [section 6936(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6936/b&num=0&edition=prelim). **(c) Special concurrence requirements for certain functions** In carrying out the programs specified in subsection (b)(4), the Secretary shall— (1) acting on the recommendations of the Farm Service Agency, with the concurrence of the Natural Resources Conservation Service, issue regulations to carry out such programs; (2) ensure that the Farm Service Agency, in establishing policies, priorities, and guidelines for such programs, does so with the concurrence of the Natural Resources Conservation Service at national, State, and local levels; (3) ensure that, in reaching such concurrence at the local level, the Natural Resources Conservation Service works in cooperation with Soil and Water Conservation Districts or similar organizations established under State law; (4) ensure that officials of county and area committees established under [section 590h(b)(5) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b/5&num=0&edition=prelim) meet annually with officials of such Districts or similar organizations to consider local conservation priorities and guidelines; and (5) take steps to ensure that the concurrence process does not interfere with the effective delivery of such programs. **(d) Jurisdiction over conservation program appeals** (1) **In general** — Until such time as an adverse decision described in this paragraph is referred to the National Appeals Division for consideration, the Farm Service Agency shall have initial jurisdiction over any administrative appeal resulting from an adverse decision made under title XII of the Food Security Act of 1985 ([16 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3801&num=0&edition=prelim) et seq.), including an adverse decision involving technical determinations made by the Natural Resources Conservation Service. (2) **Treatment of technical determination** (A) *In general* — With respect to administrative appeals involving a technical determination made by the Natural Resources Conservation Service, the Farm Service Agency, by rule with the concurrence of the Natural Resources Conservation Service, shall establish procedures for obtaining review by the Natural Resources Conservation Service of the technical determinations involved. Such rules shall ensure that technical criteria established by the Natural Resources Conservation Service shall be used by the Farm Service Agency as the basis for any decisions regarding technical determinations. If no review is requested, the technical determination of the Natural Resources Conservation Service shall be the technical basis for any decision rendered by a county or area committee established under [section 590h(b)(5) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b/5&num=0&edition=prelim). If the committee requests a review by the Natural Resources Conservation Service of a wetlands determination of the Service, the Farm Service Agency shall consult with other Federal agencies whenever required by law or under a memorandum of agreement in existence on October 13, 1994. (B) *Economic hardship* — After a technical determination has been made, on a producer’s request, if a county or area committee determines that the application of the producer’s conservation system would impose an undue economic hardship on the producer, the committee shall provide the producer with relief to avoid the hardship. (3) **Reinstatement of program benefits** — Rules issued to carry out this subsection shall provide for the prompt reinstatement of benefits to a producer who is determined in an administrative appeal to meet the requirements of title XII of the Food Security Act of 1985 [[16 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3801&num=0&edition=prelim) et seq.] applicable to the producer. **(e) Use of Federal and non-Federal employees** (1) **Use authorized** — In the implementation of programs and activities assigned to the Farm Service Agency, the Secretary may use interchangeably in local offices of the Agency both Federal employees of the Department and non-Federal employees of county and area committees established under [section 590h(b)(5) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b/5&num=0&edition=prelim). (2) **Exception** — Notwithstanding paragraph (1), no personnel action (as defined in [section 2302(a)(2)(A) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/a/2/A&num=0&edition=prelim)) may be taken with respect to a Federal employee unless such action is taken by another Federal employee. **(f) Collocation** To the maximum extent practicable, the Secretary shall collocate county offices of the Farm Service Agency with county offices of the Natural Resources Conservation Service in order to— (1) maximize savings from shared equipment, office space, and administrative support; (2) simplify paperwork and regulatory requirements; (3) provide improved services to agricultural producers and landowners affected by programs administered by the Agency and the Service; and (4) achieve computer compatibility between the Agency and the Service to maximize efficiency and savings. **(g) Savings provision** For purposes of subsections (c) through (f) of this section: (1) A reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under this section. (2) A reference to the “Natural Resources Conservation Service” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under [section 6936(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6936/b&num=0&edition=prelim).

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

16 U.S.C. § 590g — Additional policies and purposes of chapter

**(a) Purposes enumerated** It is hereby declared to be the policy of this chapter also to secure, and the purposes of this chapter shall also include, (1) preservation and improvement of soil and water quality and related resources; (2) promotion of the economic use and conservation of land; (3) diminution of exploitation and wasteful and unscientific use of national soil resources; (4) the protection of rivers and harbors against the results of soil erosion in aid of maintaining the navigability of waters and water courses and in aid of flood control; (5) reestablishment, at as rapid a rate as the Secretary of Agriculture determines to be practicable and in the general public interest, of the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms that prevailed during the five-year period August 1909–July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such ratio; (6) prevention and abatement of agricultural-related pollution,11 So in original. The comma probably should be a semicolon. and (7) the promotion of energy and water conservation through dry land farming. The powers conferred under this section and sections 590h, 590i, and 590j to 590n of this title shall be used to assist voluntary action calculated to effectuate the purposes specified in this section. Such powers shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the Secretary from the records of domestic human consumption in the years 1920 to 1929, inclusive, taking into consideration increased population, quantities of any commodity that were forced into domesti

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

16 U.S.C. § 3831 — Conservation reserve

**(a) In general** Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land and to address issues raised by State, regional, and national conservation initiatives. **(b) Eligible land** The Secretary may include in the program established under this subpart— (1) highly erodible cropland that— (A) (i) if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or (ii) cannot be farmed in accordance with a plan that complies with the requirements of subchapter II; and (B) the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program; (2) marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat); (3) grasslands that— (A) contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use; (B) are located in an area historically dominated by grasslands; and (C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition; (4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and

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

7 U.S.C. § 1981 — Repealed. Pub. L. 99–198, title XIII, § 1308(d), Dec. 23, 1985, 99 Stat. 1523

### Statutory Notes Section, Pub. L. 87–128, title III, § 330, as added Pub. L. 94–68, § 8, Aug. 5, 1975, 89 Stat. 382; amended Pub. L. 96–438, § 3(b)(2), Oct. 13, 1980, 94 Stat. 1875, authorized additional emergency loans.

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

7 U.S.C. § 1281 — Administrative expenses; posting names and compensation of local employees

**(a)** The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respective funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in carrying out any of the provisions of this chapter and chapter 3B of title 16. **(b)** In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year ending June 30, 1942, for administrative expenses in the District of Columbia, including regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for carrying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or oth

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

16 U.S.C. § 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 planters; 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1991/a/8&num=0&edition=prelim). (3) **Conservation plan.—** — The term “conservation plan” means the document that— (A) applies to highly erodible cropland; (B) describes the conservation system applicable to the highly erodible cropland and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedule; and (C) is approved by the local soil conservation district, in consultation with the local committees established under [section 590h(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b/5&num=0&edition=prelim) and the Secretary, or by the Secretary. (4) **Conservation system.—** — The term “conservation system” means a combination of 1 or more conservation measures or management 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 effective 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 highly erodible croplan

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

7 U.S.C. § 7201 — Short title and purpose

**(a) Short title** This chapter may be cited as the “Agricultural Market Transition Act”. **(b) Purpose** It is the purpose of this chapter— (1) to authorize the use of binding production flexibility contracts between the United States and agricultural producers to support farming certainty and flexibility while ensuring continued compliance with farm conservation and wetland protection requirements; (2) to make nonrecourse marketing assistance loans and loan deficiency payments available for certain crops; (3) to improve the operation of farm programs for milk, peanuts, and sugar; and (4) to establish a commission to undertake a comprehensive review of past and future production agriculture in the United States.

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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. Conservat

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

16 U.S.C. § 3831 — Conservation reserve

Page 2356 TITLE 16—CONSERVATION § 3830a 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 con- servation enhancement program. Statutory Notes and Related Subsidiaries CONSERVATION ASSISTANCE Pub. 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-ef- fective changes to cropping systems, grazing manage- ment, manure, nutrient, pest, or irrigation manage- ment, land uses, or other measures needed to conserve and improve soil, water, and related natural resources. FARMLAND PROTECTION PROGRAM Pub. 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 re- peal 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 Fed- eral 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

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

7 U.S.C. § 6933 — Office of Risk Management

Page 1929 TITLE 7—AGRICULTURE § 6933 Statutory Notes and Related Subsidiaries FARM SERVICE AGENCY ACCOUNTABILITY Pub. L. 115–334, title I, § 1705, Dec. 20, 2018, 132 Stat. 4526, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Dec. 20, 2018], the Sec- retary [of Agriculture] shall establish policies, proce- dures, and plans to improve program accountability and integrity through targeted and coordinated activi- ties, including utilizing data mining to identify and re- duce errors, waste, fraud, and abuse in programs ad- ministered by the Farm Service Agency. ‘‘(b) REPORT.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Rep- resentatives and the Committee on Agriculture, Nutri- tion, and Forestry of the Senate a report describing the progress and results of the activities conducted under subsection (a).’’ § 6932a. Prohibition on closure or relocation of county offices for the Farm Service Agency (a) Temporary prohibition (1) In general Subject to paragraph (2), until the date that is two years after the date of the enactment of this Act, the Secretary of Agriculture may not close or relocate a county or field office of the Farm Service Agency. (2) Exception Paragraph (1) shall not apply to— (A) an office that is located not more than 20 miles from another office of the Farm Service Agency; or (B) the relocation of an office within the same county in the course of routine leasing operations. (b) Limitation on closure; notice (1) Limitation After the period referred to in subsection (a)(1), the Secretary shall, before closing any office of the Farm Service Agency that is lo- cated more than 20 miles from an

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