16 U.S.C. § 3862 — Responsibilities

Page 2428 TITLE 16—CONSERVATION § 3862 Subsec. (c)(4). Pub. L. 110–246, § 7511(c)(38), which di- rected amendment of par. (4) by substituting ‘‘National Institute of Food and Agriculture’’ for ‘‘Extension Service’’, could not be executed because ‘‘Extension Service’’ did not appear subsequent to amendment by Pub. L. 110–246, § 2711. See above. 1996—Subsec. (c)(9) to (12). Pub. L. 104–127 added pars. (9) to (12). 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 7511(c)(38) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of Title 7, Agriculture. § 3862. Responsibilities (a) In general Each State technical committee established under section 3861 of this title shall meet regu- larly to provide information, analysis, and rec- ommendations to appropriate officials of the De- partment of Agriculture who are charged with implementing the conservation provisions of this chapter. (b) Public notice and attendance Each State technical committee shall provide public notice of, and permit public attendance at, meetings considering issues of concern re- lated to carrying out this chapter. (c) Role (1) In general The role of State technical committees is advisory in nature, and such committees shall have no implementation or enforcement au- thority. However, the Secretary shall give strong consideration to the recommendations of such committees in administering the pro- grams under this chapter. (2) Advisory role in establishing program pri- orities and criteria Each State technical committee shall advise the Secretary in establishing priorities and criteria for the programs in this chapter, in- cluding the review of whether local working groups are addressing those priorities. (d) Requirements of chapter 10 of title 5 (1) Exemption Each State technical committee shall be ex- empt from chapter 10 of title 5. (2) Local working groups For purposes of chapter 10 of title 5, any local working group established under this subchapter shall be considered to be a sub- committee of the applicable State technical committee. (Pub. L. 99–198, title XII, § 1262, as added Pub. L. 101–624, title XIV, § 1446, Nov. 28, 1990, 104 Stat. 3604; amended Pub. L. 103–354, title II, § 246(f)(3), Oct. 13, 1994, 108 Stat. 3225; Pub. L. 104–127, title III, § 342(b), Apr. 4, 1996, 110 Stat. 1009; Pub. L. 110–234, title II, § 2711, May 22, 2008, 122 Stat. 1084; Pub. L. 110–246, § 4(a), title II, § 2711, June 18, 2008, 122 Stat. 1664, 1812; Pub. L. 117–286, § 4(a)(119), Dec. 27, 2022, 136 Stat. 4318.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c), 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. 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 2022—Subsec. (d). Pub. L. 117–286, § 4(a)(119)(A), sub- stituted ‘‘Requirements of chapter 10 of title 5’’ for ‘‘FACA requirements’’ in heading. Subsec. (d)(1). Pub. L. 117–286, § 4(a)(119)(B), sub- stituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App.).’’ Subsec. (d)(2). Pub. L. 117–286, § 4(a)(119)(C), sub- stituted ‘‘chapter 10 of title 5,’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App.),’’. 2008—Pub. L. 110–246, § 2711, which directed the gen- eral amendment of section 1262 of the ‘‘Farm Security Act of 1985’’, was executed by making the amendment to this section, which is section 1262 of the Food Secu- rity Act of 1985, to reflect the probable intent of Con- gress. Prior to amendment, section consisted of sub- secs. (a) to (e) which related to general responsibilities of committees established under section 3861 of this title, wetland and wildlife habitat protection guide- lines, provision of assistance and recommendations with respect to enumerated technical aspects, author- ity of committees, and FACA requirements. 1996—Subsec. (a). Pub. L. 104–127, § 342(b)(1), inserted at end ‘‘Each State technical committee shall provide public notice of, and permit public attendance at meet- ings considering, issues of concern related to carrying out this chapter.’’ Subsec. (b)(1). Pub. L. 104–127, § 342(b)(2), inserted at end ‘‘Each State technical committee shall establish criteria and guidelines for evaluating petitions by agri- cultural producers regarding new conservation prac- tices and systems not already described in field office technical guides.’’ Subsec. (c)(7) to (9). Pub. L. 104–127, § 342(b)(3), struck out ‘‘and’’ at end of par. (7), added par. (8), and redesig- nated former par. (8) as (9). 1994—Subsec. (e). Pub. L. 103–354 added subsec. (e). 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. PUBLIC NOTICE AND COMMENT FOR REVISIONS TO CERTAIN STATE TECHNICAL GUIDES Pub. L. 104–127, title III, § 343, Apr. 4, 1996, 110 Stat. 1009, provided that: ‘‘After the date of enactment of this Act [Apr. 4, 1996], the Secretary of Agriculture shall provide for public notice and comment under sec- tion 553 of title 5, United States Code, with regard to any future revisions to those provisions of the Natural Resources Conservation Service State technical guides Page 2429 TITLE 16—CONSERVATION § 3865a 1 See References in Text note below. that are used to carry out subtitles A, B, and C of title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq. [3811 et seq., 3821 et seq.]).’’ SUBCHAPTER VII—AGRICULTURAL CONSERVATION EASEMENT PROGRAM § 3865. Establishment and purposes (a) Establishment The Secretary shall establish an agricultural conservation easement program for the con- servation of eligible land and natural resources through easements or other interests in land. (b) Purposes The purposes of the program are to— (1) combine the purposes and coordinate the functions of the wetlands reserve program es- tablished under section 3837 1 of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in ef- fect on the day before February 7, 2014; (2) restore, protect, and enhance wetlands on eligible land; (3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricul- tural uses and conservation values; and (4) protect grazing uses and related con- servation values by restoring or conserving el- igible land. (Pub. L. 99–198, title XII, § 1265, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 731; amended Pub. L. 115–334, title II, § 2601, Dec. 20, 2018, 132 Stat. 4585.) Editorial Notes REFERENCES IN TEXT Sections 3837, 3838n, and 3838i of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 113–79, title II, §§ 2703(a), 2704(a), 2705(a), Feb. 7, 2014, 128 Stat. 767, 768. AMENDMENTS 2018—Subsec. (b)(3). Pub. L. 115–334, § 2601(1), inserted ‘‘that negatively affect the agricultural uses and con- servation values’’ after ‘‘uses of that land’’. Subsec. (b)(4). Pub. L. 115–334, § 2601(2), substituted ‘‘restoring or conserving’’ for ‘‘restoring and con- serving’’. § 3865a. Definitions In this subchapter: (1) Agricultural land easement The term ‘‘agricultural land easement’’ means an easement or other interest in eligi- ble land that— (A) is conveyed for the purpose of pro- tecting natural resources and the agricul- tural nature of the land; and (B) permits the landowner the right to continue agricultural production and related uses. (2) Buy-protect-sell transaction (A) In general The term ‘‘buy-protect-sell transaction’’ means a legal arrangement— (i) between an eligible entity and the Secretary relating to land that an eligible entity owns or is going to purchase prior to acquisition of an agricultural land ease- ment; (ii) under which the eligible entity cer- tifies to the Secretary that the eligible en- tity shall— (I)(aa) hold an agricultural land ease- ment on that land, but transfer owner- ship of the land to a farmer or rancher that is not an eligible entity prior to or on acquisition of the agricultural land easement; or (bb) hold an agricultural land ease- ment on that land, but transfer owner- ship of the land to a farmer or rancher that is not an eligible entity in a timely manner and, subject to subparagraph (B), not later than 3 years after the date of acquisition of the agricultural land ease- ment; and (II) make an initial sale of the land subject to the agricultural land ease- ment to a farmer or rancher at not more than agricultural value, plus any reason- able holding and transaction costs in- curred by the eligible entity, as deter- mined by the Secretary; and (iii) under which the Secretary shall be reimbursed for the entirety of the Federal share of the cost of the agricultural land easement by the eligible entity if the eligi- ble entity fails to transfer ownership under item (aa) or (bb), as applicable, of clause (ii)(I). (B) Time extension Under subparagraph (A)(ii)(I)(bb), an eligi- ble entity may transfer land later than 3 years after the date of acquisition of the ag- ricultural land easement if the Secretary de- termines an extension of time is justified. (3) Eligible entity The term ‘‘eligible entity’’ means— (A) an agency of State or local government or an Indian tribe (including a farmland pro- tection board or land resource council estab- lished under State law); or (B) an organization that is— (i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of title 26; (ii) an organization described in section 501(c)(3) of title 26 that is exempt from tax- ation under section 501(a) of title 26; or (iii) described in— (I) paragraph (1) or (2) of section 509(a) of title 26; or (II) section 509(a)(3) of title 26 and is controlled by an organization described in section 509(a)(2) of title 26. (4) Eligible land The term ‘‘eligible land’’ means private or tribal land that is— (A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch—