16 U.S.C. § 3871a — Definitions

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 title H (§§ 2701–2713) of title II of the Act amended sec- tions 3801, 3811, and 3842 of this title, repealed sections 3830, 3831a, 3837 to 3837f, 3838h to 3838j, 3838n to 3838q, 3839 to 3839d, 3839aa–9, 3839bb–1, 3839bb–3, and 3839bb–4 of this title, and enacted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 activities to accom- plish 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 1 of this title. (B) The Chesapeake Bay watershed pro- gram established under section 3839bb–4 1 of this title. (C) The cooperative conservation partner- ship 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 cooper- ate with producers in— (A) meeting or avoiding the need for na- tional, State, and local natural resource reg- ulatory requirements related to production on eligible land, including through align- ment of partnership projects with other na- tional, State, and local agencies and pro- grams addressing similar natural resource or environmental concerns; and (B) implementing projects that will result in the adoption, installation, and mainte- nance of eligible activities that affect mul- tiple agricultural or nonindustrial private forest operations on a local, regional, State, or multistate basis. (4) To encourage the flexible and stream- lined delivery of conservation assistance to producers through partnership agreements. (5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for pro- ducers than would otherwise be achieved. (Pub. L. 99–198, title XII, § 1271, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 744; amended Pub. L. 115–334, title II, § 2701, Dec. 20, 2018, 132 Stat. 4592.) Editorial Notes REFERENCES IN TEXT Sections 3839aa–9, 3839bb–3, 3839bb–4, and 3843 of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 113–79, title II, §§ 2706(a), 2708, 2709(a), 2710(a), Feb. 7, 2014, 128 Stat. 768, 770. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–334, § 2701(1)(A), in- serted ‘‘, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title,’’ after ‘‘partnership agreements’’. Subsec. (a)(2). Pub. L. 115–334, § 2701(1)(B), substituted ‘‘program contracts with producers’’ for ‘‘contracts with producers’’. Subsec. (b)(1). Pub. L. 115–334, § 2701(2)(A), substituted ‘‘To carry out eligible activities’’ for ‘‘To use covered programs’’ in introductory provisions. Subsec. (b)(2). Pub. L. 115–334, § 2701(2)(B), added par. (2) and struck out former par. (2) which read as follows: ‘‘To further the conservation, restoration, and sustain- able use of soil, water, wildlife, and related natural re- sources on eligible land on a regional or watershed scale.’’ Subsec. (b)(3)(A). Pub. L. 115–334, § 2701(2)(C)(i), in- serted ‘‘, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns’’ after ‘‘production on eligible land’’. Subsec. (b)(3)(B). Pub. L. 115–334, § 2701(2)(C)(ii), sub- stituted ‘‘adoption, installation, and maintenance’’ for ‘‘installation and maintenance’’. Subsec. (b)(4), (5). Pub. L. 115–334, § 2701(2)(D), added pars. (4) and (5). § 3871a. Definitions In this subchapter: (1) Covered program The term ‘‘covered program’’ means the fol- lowing: (A) The agricultural conservation ease- ment program. (B) The environmental quality incentives program. (C) The conservation stewardship program, not including the grassland conservation ini- tiative under section 3839aa–25 of this title. (D) The healthy forests reserve program established under section 6571 of this title. Page 2439 TITLE 16—CONSERVATION § 3871b (E) The conservation reserve program es- tablished under subpart B of part I of sub- chapter IV. (F) The programs established by the Sec- retary to carry out the Watershed Protec- tion and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 (16 U.S.C. 1012) of that Act. (2) Eligible activity The term ‘‘eligible activity’’ means a prac- tice, activity, agreement, easement, or related conservation measure that is available under the statutory authority for a covered program. (3) Eligible land The term ‘‘eligible land’’ means any agricul- tural or nonindustrial private forest land or associated land on which the Secretary deter- mines an eligible activity would help achieve conservation benefits. (4) Eligible partner The term ‘‘eligible partner’’ means any of the following: (A) An agricultural or silvicultural pro- ducer association or other group of pro- ducers. (B) A State or unit of local government. (C) An Indian tribe. (D) A farmer cooperative. (E) A water district, irrigation district, acequia, rural water district or association, or other organization with specific water de- livery authority to producers on agricultural land. (F) A municipal water or wastewater treatment entity. (G) An institution of higher education. (H) An organization or entity with an es- tablished history of working cooperatively with producers on agricultural land, as de- termined by the Secretary, to address— (i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private for- est land management; or (ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues. (I) An organization described in section 3865a(3)(B) of this title. (J) A conservation district. (5) Partnership agreement The term ‘‘partnership agreement’’ means the programmatic agreement entered into be- tween the Secretary and an eligible partner, subject to the terms and conditions under sec- tion 3871b of this title. (6) Program The term ‘‘program’’ means the regional conservation partnership program established by this subchapter. (7) Program contract (A) In general The term ‘‘program contract’’ means the contract between the Secretary and a pro- ducer entered into under this subchapter. (B) Exclusion The term ‘‘program contract’’ does not in- clude a contract under a covered program. (Pub. L. 99–198, title XII, § 1271A, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 745; amended Pub. L. 115–334, title II, § 2702, Dec. 20, 2018, 132 Stat. 4593.) Editorial Notes REFERENCES IN TEXT The Watershed Protection and Flood Prevention Act, referred to in par. (1)(F), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. AMENDMENTS 2018—Par. (1)(C). Pub. L. 115–334, § 2702(1)(A), inserted ‘‘, not including the grassland conservation initiative under section 3839aa–25 of this title’’ before period at end. Par. (1)(E), (F). Pub. L. 115–334, § 2702(1)(B), added sub- pars. (E) and (F). Pars. (2), (3). Pub. L. 115–334, § 2702(2), added pars. (2) and (3) and struck out former pars. (2) and (3), which defined ‘‘eligible activity’’ as a conservation activity for specified purposes and types of projects and ‘‘eligi- ble land’’ as specified types of land or associated lands on which agricultural commodities, livestock, or for- est-related products are produced. Par. (4)(E). Pub. L. 115–334, § 2702(3)(A), inserted ‘‘acequia,’’ after ‘‘irrigation district,’’. Par. (4)(I), (J). Pub. L. 115–334, § 2702(3)(B), added sub- pars. (I) and (J). Par. (5). Pub. L. 115–334, § 2702(4), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘The term ‘partnership agreement’ means an agreement entered into under section 3871b of this title between the Secretary and an eligible part- ner.’’ Par. (7). Pub. L. 115–334, § 2702(5), added par. (7). § 3871b. Regional conservation partnerships (a) Partnership agreements authorized The Secretary may enter into a partnership agreement with an eligible partner to imple- ment a project that will assist producers with installing and maintaining an eligible activity on eligible land. (b) Length (1) In general A partnership agreement shall be— (A) for a period not to exceed 5 years; or (B) for a period that is longer than 5 years, if the longer period is necessary to meet the objectives of the program, as determined by the Secretary. (2) Renewal A partnership agreement may be renewed under subsection (e)(5) for a period not to ex- ceed 5 years. (3) Extension A partnership agreement, or any renewal of a partnership agreement, may each be ex- tended 1 time for a period not longer than 12 months, as determined by the Secretary. (c) Duties of partners (1) In general Under a partnership agreement, the eligible partner shall—