7 U.S.C. § 6936 — Natural Resources Conservation Service

Page 1934 TITLE 7—AGRICULTURE § 6936 § 6936. Natural Resources Conservation Service (a) Establishment The Secretary is authorized to establish and maintain within the Department a Natural Re- sources Conservation Service. (b) Functions If the Secretary establishes the Natural Re- sources Conservation Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following: (1) The Water Bank Act (16 U.S.C. 1301 et seq.). (2) Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), except subchapter B of chapter 1 of subtitle D of such title [16 U.S.C. 3831 et seq.]. (3) Salinity control measures under section 1592(c) of title 43. (4) The Farms for the Future Act of 1990 (7 U.S.C. 4201 note; Public Law 101–624). (5) Such other functions as the Secretary considers appropriate, except functions under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). (c) Special concurrence requirements for certain functions In carrying out the programs specified in para- graphs (1) and (3) of subsection (b), the Sec- retary shall— (1) acting on the recommendations of the Natural Resources Conservation Service, with the concurrence of the Farm Service Agency, issue regulations to carry out such programs; (2) ensure that the Natural Resources Con- servation Service, in establishing policies, pri- orities, and guidelines for each such program, does so with the concurrence of the Farm Service Agency at national, State, and local levels; (3) ensure that, in reaching such concurrence at the local level, the Natural Resources Con- servation Service works in cooperation with Soil and Water Conservation Districts or simi- lar organizations established under State law; (4) ensure that officials of county and area committees established under section 590h(b)(5) of title 16 meet annually with offi- cials 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) Use of Federal and non-Federal employees (1) Use authorized In the implementation of functions assigned to the Natural Resources Conservation Serv- ice, the Secretary may use interchangeably in local offices of the Service both Federal em- ployees of the Department and non-Federal employees of county and area committees es- tablished under section 590h(b)(5) of title 16. (2) Exception Notwithstanding paragraph (1), no personnel action (as defined in section 2302(a)(2)(A) of title 5) may be taken with respect to a Federal employee unless such action is taken by an- other Federal employee. (e) Savings provision For purposes of subsections (c) and (d) of this section: (1) A reference to the ‘‘Natural Resources Conservation Service’’ includes any other of- fice, agency, or administrative unit of the De- partment assigned the functions authorized for the Natural Resources Conservation Serv- ice under this section. (2) A reference to the ‘‘Farm Service Agen- cy’’ includes any other office, agency, or ad- ministrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title. (f) Omitted (g) Field offices (1) In general The Secretary shall not close any field office of the Natural Resources Conservation Service unless, not later than 30 days before the date of the closure, the Secretary submits to the Committee on Agriculture of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate a notification of the closure. (2) Employees The Secretary shall not permanently relo- cate any field-based employees of the Natural Resources Conservation Service or the rural development mission area if doing so would re- sult in a field office of the Natural Resources Conservation Service or the rural development mission area with 2 or fewer employees, un- less, not later than 30 days before the date of the permanent relocation, the Secretary sub- mits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the permanent reloca- tion. (3) Sunset The requirements under paragraphs (1) and (2) shall cease to be effective on September 30, 2023. (Pub. L. 103–354, title II, § 228, formerly § 246, Oct. 13, 1994, 108 Stat. 3223; Pub. L. 104–127, title III, § 336(a)(2)(D), (b)(2)(B), (c)(3), (d)(2), Apr. 4, 1996, 110 Stat. 1005, 1006; Pub. L. 107–171, title VIII, § 8002(c), May 13, 2002, 116 Stat. 473; renumbered § 228 and amended Pub. L. 115–334, title XII, §§ 12404(b)(1), 12410(a)–(c)(1), Dec. 20, 2018, 132 Stat. 4975, 4977, 4978.) Editorial Notes REFERENCES IN TEXT The Water Bank Act, referred to in subsec. (b)(1), is Pub. L. 91–559, Dec. 19, 1970, 84 Stat. 1468, which is clas- sified generally to chapter 29 (§ 1301 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 16 and Tables. The Food Security Act of 1985, referred to in subsec. (b)(2), (5), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to chapter 58 (§ 3801 et seq.) of Title 16, Conservation. Subchapter Page 1935 TITLE 7—AGRICULTURE § 6936 B of chapter 1 of subtitle D of title XII of the Act is classified generally to subpart B (§ 3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16. For com- plete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. The Farms for the Future Act of 1990, referred to in subsec. (b)(4), is Pub. L. 101–624, title XIV, ch. 2, §§ 1465–1470B, Nov. 28, 1990, 104 Stat. 3616–3619, as amend- ed, which is set out as a note under section 4201 of this title. CODIFICATION Section was formerly part of subtitle E of title II of Pub. L. 103–354 and classified as section 6962 of this title, prior to being moved so as to appear at the end of subtitle B of title II of Pub. L. 103–354 by Pub. L. 115–334, title XII, § 12410(c)(1)(B), Dec. 20, 2018, 132 Stat. 4978, and editorially reclassified as this section. Section is comprised of section 228 of Pub. L. 103–354. Subsec. (f) of section 228 of Pub. L. 103–354 amended sec- tions 2001, 2002, 2005, and 3862 of Title 16, Conservation, and repealed section 590e of Title 16. The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on Sept. 30, 2023, to continue, and authorities to be car- ried out, until the later of Sept. 30, 2024, or the date specified in the provision of, or amendment made by, Pub. L. 115–334, see section 102(a) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title. AMENDMENTS 2018—Subsec. (b)(2), (3). Pub. L. 115–334, § 12410(b)(1)(A), (B), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: ‘‘The forest land enhancement program under section 2103 of title 16.’’ Subsec. (b)(4). Pub. L. 115–334, § 12410(b)(1)(B), (C), re- designated par. (5) as (4) and inserted ‘‘; Public Law 101–624’’ after ‘‘note’’. Former par. (4) redesignated (3). Subsec. (b)(5), (6). Pub. L. 115–334, § 12410(b)(1)(B), (D), redesignated par. (6) as (5) and substituted ‘‘3831 et seq.’’ for ‘‘3831–3836’’. Former par. (5) redesignated (4). Subsec. (c). Pub. L. 115–334, § 12410(b)(2), substituted ‘‘paragraphs (1) and (3) of subsection (b)’’ for ‘‘para- graphs (1), (2), and (4) of subsection (b) and the program under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837–3837f)’’ in introductory provisions. Subsec. (c)(1), (2). Pub. L. 115–334, § 12404(b)(1)(A), sub- stituted ‘‘Farm’’ for ‘‘Consolidated Farm’’. Subsec. (e)(2). Pub. L. 115–334, § 12404(b)(1)(B), sub- stituted ‘‘Farm’’ for ‘‘Consolidated Farm’’ in two places. Subsec. (g). Pub. L. 115–334, § 12410(a), added subsec. (g). 2002—Subsec. (b)(2). Pub. L. 107–171 substituted ‘‘for- est land enhancement program’’ for ‘‘forestry incentive program’’. 1996—Subsec. (b)(1). Pub. L. 104–127, § 336(d)(2)(A), re- designated par. (3) as (1) and struck out former par. (1) which read as follows: ‘‘The rural environmental con- servation program under title X of the Agricultural Act of 1970 (16 U.S.C. 1501 et seq.).’’ Subsec. (b)(2). Pub. L. 104–127, § 336(b)(2)(B), (d)(2)(A)(ii), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: ‘‘The Great Plains Conservation Program under section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590p(b)).’’ Subsec. (b)(3). Pub. L. 104–127, § 336(d)(2)(A)(ii), redes- ignated par. (5) as (3). Former par. (3) redesignated (1). Subsec. (b)(4). Pub. L. 104–127, § 336(c)(3), (d)(2)(A)(ii), redesignated par. (6) as (4) and substituted ‘‘measures’’ for ‘‘program’’. Former par. (4) redesignated (2). Subsec. (b)(5). Pub. L. 104–127, § 336(d)(2)(A)(ii), redes- ignated par. (7) as (5). Former par. (5) redesignated (3). Subsec. (b)(6). Pub. L. 104–127, § 336(a)(2)(D), (d)(2)(A)(ii), redesignated par. (8) as (6) and struck out before period at end ‘‘and the agricultural conservation program under the Soil Conservation and Domestic Al- lotment Act (16 U.S.C. 590g et seq.)’’. Former par. (6) re- designated (4). Subsec. (b)(7), (8). Pub. L. 104–127, § 336(d)(2)(A)(ii), re- designated pars. (7) and (8) as (5) and (6), respectively. Subsec. (c). Pub. L. 104–127, § 336(d)(2)(B), in introduc- tory provisions, substituted ‘‘(1), (2), and (4)’’ for ‘‘(2), (3), (4), and (6)’’. Statutory Notes and Related Subsidiaries CONSERVATION TECHNICAL ASSISTANCE Pub. L. 117–169, title II, § 21002, Aug. 16, 2022, 136 Stat. 2018, provided that: ‘‘(a) APPROPRIATIONS.—In addition to amounts other- wise available (and subject to subsection (b)), there are appropriated to the Secretary [of Agriculture] for fiscal year 2022, out of any money in the Treasury not other- wise appropriated, to remain available until September 30, 2031 (subject to the condition that no such funds may be disbursed after September 30, 2031)— ‘‘(1) $1,000,000,000 to provide conservation technical assistance through the Natural Resources Conserva- tion Service; and ‘‘(2) $300,000,000 to carry out a program to quantify carbon sequestration and carbon dioxide, methane, and nitrous oxide emissions, through which the Nat- ural Resources Conservation Service shall collect field-based data to assess the carbon sequestration and reduction in carbon dioxide, methane, and ni- trous oxide emissions outcomes associated with ac- tivities carried out pursuant to this section and use the data to monitor and track those carbon seques- tration and emissions trends through the Greenhouse Gas Inventory and Assessment Program of the De- partment of Agriculture. ‘‘(b) CONDITIONS.—The funds made available under this section are subject to the conditions that the Sec- retary shall not— ‘‘(1) enter into any agreement— ‘‘(A) that is for a term extending beyond Sep- tember 30, 2031; or ‘‘(B) under which any payment could be outlaid or funds disbursed after September 30, 2031; ‘‘(2) use any other funds available to the Secretary to satisfy obligations initially made under this sec- tion; or ‘‘(3) interpret this section to authorize funds of the Commodity Credit Corporation for activities under this section if such funds are not expressly authorized or currently expended for such purposes. ‘‘(c) ADMINISTRATIVE COSTS.—In addition to amounts otherwise available, there is appropriated to the Sec- retary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000, to re- main available until September 30, 2028, for administra- tive costs of the agencies and offices of the Department of Agriculture for costs related to implementing this section.’’ DEFINITION OF ‘‘SECRETARY’’ Pub. L. 117–169, title II, § 20001, Aug. 16, 2022, 136 Stat. 2015, provided that: ‘‘In this title [amending section 8103 of this title and sections 3839aa–2, 3839aa–8, 3839aa–22, 3839aa–24, 3841, 3844, and 3871d of Title 16, Conservation, enacting provisions set out as a note above, repealing provisions set out as a note under sec- tion 1921 of this title, and amending provisions set out as a note under section 2279 of this title], the term ‘Sec- retary’ means the Secretary of Agriculture.’’ Page 1936 TITLE 7—AGRICULTURE § 6941 SUBCHAPTER III—RURAL ECONOMIC AND COMMUNITY DEVELOPMENT § 6941. Under Secretary of Agriculture for Rural Development (a) Authorization The Secretary shall establish in the Depart- ment the position of Under Secretary of Agri- culture for Rural Development. (b) Confirmation required The Under Secretary of Agriculture for Rural Development shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. (c) Functions of Under Secretary (1) Principal functions Upon establishment, the Secretary shall del- egate to the Under Secretary of Agriculture for Rural Development those functions under the jurisdiction of the Department that are re- lated to rural economic and community devel- opment. (2) Additional functions The Under Secretary of Agriculture for Rural Development shall perform such other functions as may be required by law or pre- scribed by the Secretary. (d) Succession Any official who is serving as Under Secretary of Agriculture for Small Community and Rural Development on October 13, 1994, and who was appointed by the President, by and with the ad- vice and consent of the Senate, shall not be re- quired to be reappointed under subsection (b) to the successor position authorized under sub- section (a) if the Secretary establishes the posi- tion, and the official occupies the new position, within 180 days after October 13, 1994 (or such later date set by the Secretary if litigation delays rapid succession). (e) Loan approval authority Approval authority for loans and loan guaran- tees in connection with the electric and tele- phone loan and loan guarantee programs author- ized by the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) shall not be transferred to, or conditioned on review of, a State director or other employee whose primary duty is not the review and approval of such loans or the provi- sion of assistance to such borrowers. (Pub. L. 103–354, title II, § 231, Oct. 13, 1994, 108 Stat. 3218; Pub. L. 104–127, title VII, § 794(a), Apr. 4, 1996, 110 Stat. 1155; Pub. L. 115–334, title XII, § 12407, Dec. 20, 2018, 132 Stat. 4976.) Editorial Notes REFERENCES IN TEXT The Rural Electrification Act of 1936, referred to in subsec. (e), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of this title. For complete classification of this Act to the Code, see section 901 of this title and Tables. CODIFICATION Section is comprised of section 231 of Pub. L. 103–354. Subsec. (f) of section 231 of Pub. L. 103–354 amended sec- tion 5314 of Title 5, Government Organization and Em- ployees, and repealed sections 2006f and 2211b of this title. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 12407(1), sub- stituted ‘‘shall’’ for ‘‘is authorized to’’. Subsec. (b). Pub. L. 115–334, § 12407(2), substituted ‘‘The Under Secretary of Agriculture for Rural Devel- opment shall’’ for ‘‘If the Secretary establishes the po- sition of Under Secretary of Agriculture for Rural De- velopment authorized under subsection (a), the Under Secretary shall’’. 1996—Pub. L. 104–127 struck out ‘‘Economic and Com- munity’’ after ‘‘Under Secretary of Agriculture for Rural’’, wherever appearing in section catchline and subsecs. (a) to (c). § 6941a. Coordinator for Chronically Under- served Rural Areas (a) Establishment The Secretary of Agriculture shall establish a Coordinator for Chronically Underserved Rural Areas (in this section referred to as the ‘‘Coordi- nator’’), to be located in the Rural Development Mission Area. (b) Mission The mission of the Coordinator shall be to di- rect Department of Agriculture resources to high need, high poverty rural areas. (c) Duties The Coordinator shall consult with other of- fices in directing technical assistance, strategic regional planning, at the State and local level, for developing rural economic development that leverages the resources of State and local gov- ernments and non-profit and community devel- opment organizations. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as necessary to carry out this section for fiscal years 2008 through 2012. (Pub. L. 110–234, title XIV, § 14218, May 22, 2008, 122 Stat. 1482; Pub. L. 110–246, § 4(a), title XIV, § 14218, June 18, 2008, 122 Stat. 1664, 2244.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of the De- partment of Agriculture Reorganization Act of 1994, which in part comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment 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 a note under section 8701 of this title. § 6942. Rural Utilities Service (a) Establishment required The Secretary shall establish and maintain within the Department the Rural Utilities Serv-