16 U.S.C. § 2006 — Reports to Congress

Page 2139 TITLE 16—CONSERVATION § 2006 (1) analysis of the Nation’s soil, water, and related resource problems; (2) analysis of existing Federal, State, tribal, and local government authorities and adjust- ments needed; (3) an evaluation of the effectiveness of the soil and water conservation ongoing programs and the overall progress being achieved by Federal, State, tribal, and local programs and the landowners and land users in meeting the soil and water conservation objectives of this chapter; (4) identification and evaluation of alter- native methods for the conservation, protec- tion, environmental improvement, and en- hancement of soil and water resources, in the context of alternative time frames, and a rec- ommendation of the preferred alternatives and the extent to which they are being imple- mented; (5) investigation and analysis of the prac- ticability, desirability, and feasibility of col- lecting organic waste materials, including ma- nure, crop and food wastes, industrial organic waste, municipal sewage sludge, logging and wood-manufacturing residues, and any other organic refuse, composting, or similarly treat- ing such materials, transporting and placing such materials onto the land to improve soil tilth and fertility. The analysis shall include the projected cost of such collection, transpor- tation, and placement in accordance with sound locally approved soil and water con- servation practices; (6) analysis of the Federal and non-Federal inputs required to implement the program; (7) analysis of costs and benefits of alter- native soil and water conservation practices; and (8) investigation and analysis of alternative irrigation techniques regarding their costs, benefits, and impact on soil and water con- servation, crop production, and environmental factors. (b) Evaluation of existing conservation programs In evaluating existing conservation programs, the Secretary shall emphasize demonstration, innovation, and monitoring of specific program components in order to encourage further devel- opment and adoption of practices and perform- ance-based standards. (c) Improvement to program In developing a national soil and water con- servation program under subsection (a), the Sec- retary shall solicit and evaluate recommenda- tions for improving the program, including the content, scope, process, participation in, and other elements of the program, as determined by the Secretary. (d) Completion dates The initial program shall be completed not later than December 31, 2011, and December 31, 2016, and a program update shall be completed by December 31, 2023. (Pub. L. 95–192, § 6, Nov. 18, 1977, 91 Stat. 1409; Pub. L. 99–198, title XII, § 1252(b), Dec. 23, 1985, 99 Stat. 1516; Pub. L. 103–354, title II, § 246(f)(2)(C), Oct. 13, 1994, 108 Stat. 3225; Pub. L. 110–234, title II, § 2804(c), May 22, 2008, 122 Stat. 1087; Pub. L. 110–246, § 4(a), title II, § 2804(c), June 18, 2008, 122 Stat. 1664, 1815; Pub. L. 113–79, title II, § 2508(c), Feb. 7, 2014, 128 Stat. 756; Pub. L. 115–334, title II, § 2402(2), Dec. 20, 2018, 132 Stat. 4571.) 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. AMENDMENTS 2018—Subsec. (d). Pub. L. 115–334 substituted ‘‘Decem- ber 31, 2016, and a program update shall be completed by December 31, 2023’’ for ‘‘December 31, 2016, respec- tively’’. 2014—Subsec. (a). Pub. L. 113–79 inserted ‘‘, tribal,’’ after ‘‘conservation districts, State’’ and ‘‘, tribal,’’ after ‘‘private’’ in introductory provisions, and ‘‘, tribal’’ after ‘‘Federal, State’’ wherever appearing. 2008—Subsecs. (b) to (d). Pub. L. 110–246, § 2804(c), added subsecs. (b) and (c), redesignated former subsec. (b) as (d), and substituted ‘‘December 31, 2011, and De- cember 31, 2016’’ for ‘‘December 31, 1979, and program updates shall be completed by December 31, 1987, De- cember 31, 1997, and December 31, 2007’’. 1994—Subsec. (a). Pub. L. 103–354 in first sentence of introductory provisions substituted ‘‘Secretary’’ for ‘‘Soil Conservation Service’’ before ‘‘which assist’’. 1985—Subsec. (b). Pub. L. 99–198 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The program plan shall be completed not later than December 31, 1979, and be updated at each five- year interval thereafter during the period this chapter is in effect.’’ 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. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Fed- eral Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of En- ergy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 2002 of this title. § 2005a. Repealed. Pub. L. 104–127, title III, § 336(e), Apr. 4, 1996, 110 Stat. 1007 Section, Pub. L. 99–198, title XII, § 1251, Dec. 23, 1985, 99 Stat. 1516, related to technical assistance for water resources. § 2005b. Repealed. Pub. L. 107–171, title II, § 2502(b), May 13, 2002, 116 Stat. 267 Section, Pub. L. 104–127, title III, § 386, Apr. 4, 1996, 110 Stat. 1017, related to conservation of private grazing land. See section 3839bb of this title. § 2006. Reports to Congress (a) Appraisal Not later than the date on which Congress convenes in 2011, 2016, and 2022, the President Page 2140 TITLE 16—CONSERVATION § 2007 shall transmit to the Committee on Agriculture of the House of Representatives and the Com- mittee on Agriculture, Nutrition, and Forestry of the Senate the appraisal developed under sec- tion 2004 of this title and completed before the end of the previous year. (b) Program and statement of policy Not later than the date on which Congress convenes in 2012, 2017, and 2023, the President shall transmit to the Committee on Agriculture of the House of Representatives and the Com- mittee on Agriculture, Nutrition, and Forestry of the Senate— (1) the initial program or updated program developed under section 2005 of this title and completed before the end of the previous year; (2) a detailed statement of policy regarding soil and water conservation activities of the Department of Agriculture; and (3) a special evaluation of the status, condi- tions, and trends of soil quality on cropland in the United States that addresses the chal- lenges and opportunities for reducing soil ero- sion to tolerance levels. (c) Improvements to appraisal and program Not later than the date on which Congress convenes in 2012, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate a report describing the plans of the Department of Agriculture for improving the resource appraisal and national conservation program required under this chapter, based on the recommenda- tions received under sections 2004(d) and 2005(c) of this title. (Pub. L. 95–192, § 7, Nov. 18, 1977, 91 Stat. 1410; Pub. L. 99–198, title XII, § 1252(c), Dec. 23, 1985, 99 Stat. 1516; Pub. L. 110–234, title II, § 2804(d), May 22, 2008, 122 Stat. 1087; Pub. L. 110–246, § 4(a), title II, § 2804(d), June 18, 2008, 122 Stat. 1664, 1815; Pub. L. 115–334, title II, § 2402(3), Dec. 20, 2018, 132 Stat. 4571.) 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. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 2402(3)(A), sub- stituted ‘‘2011, 2016, and 2022’’ for ‘‘2011 and 2016’’. Subsec. (b). Pub. L. 115–334, § 2402(3)(B), substituted ‘‘2012, 2017, and 2023’’ for ‘‘2012 and 2017’’ in introductory provisions. 2008—Pub. L. 110–246, § 2804(d), amended section gen- erally. Prior to amendment, section related to trans- mission of appraisal developed under section 2004 of this title at the time Congress convened in 1980, 1987, 1996, and 2006, transmission of program developed under section 2005 of this title and statement of policy at the time Congress convened in 1980, 1988, 1998, and 2008, and annual report on program effectiveness. 1985—Subsec. (a). Pub. L. 99–198, § 1252(c)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘On the first day Congress convenes in 1980 and at each five-year interval thereafter during the pe- riod this chapter is in effect the President shall trans- mit to the Speaker of the House of Representatives and the President of the Senate, the appraisal and the pro- gram as required by sections 2004 and 2005 of this title, together with a detailed statement of policy regarding soil and water conservation activities of the United States Department of Agriculture.’’ Subsecs. (b), (c). Pub. L. 99–198, § 1252(c)(2), (3), struck out subsec. (b) which provided for an annual report of program and policy achievement, and redesignated sub- sec. (c) as (b). 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. Executive Documents DELEGATION OF REPORTING AND OTHER AUTHORITIES Memorandum of President of the United States, Feb. 14, 2011, 76 F.R. 9493, provided: Memorandum for the Secretary of Agriculture By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 7 of the Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2006), as amended by section 2804 of the Food, Conservation, and Energy Act of 2008, to make the specified reports to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 2007. Authorization of appropriations There are authorized to be appropriated such funds as may be necessary to carry out the pur- poses of this chapter. (Pub. L. 95–192, § 8, Nov. 18, 1977, 91 Stat. 1411.) § 2008. Utilization of available information and data In the implementation of this chapter, the Secretary shall utilize information and data available from other Federal, State, tribal, and local governments, and private organizations and he shall coordinate his actions with the re- source appraisal and planning efforts of other Federal agencies and avoid unnecessary duplica- tion and overlap of planning and program ef- forts. (Pub. L. 95–192, § 9, Nov. 18, 1977, 91 Stat. 1411; Pub. L. 113–79, title II, § 2508(d), Feb. 7, 2014, 128 Stat. 756.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–79 inserted ‘‘, tribal’’ after ‘‘State’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Fed- eral Inspector for the Alaska Natural Gas Transpor- tation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Nat-