16 U.S.C. § 3846 — Regulations

Page 2424 TITLE 16—CONSERVATION § 3845 2008—Subsec. (a). Pub. L. 110–246, § 2708(1), added sub- sec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘In carrying out any conservation program administered by the Secretary, the Secretary may provide to beginning farmers and ranchers and Indian tribes (as those terms are defined in section 3838 of this title) and limited resource agri- cultural producers incentives to participate in the con- servation program to— ‘‘(1) foster new farming and ranching opportunities; and ‘‘(2) enhance environmental stewardship over the long term.’’ Subsecs. (c) to (e). Pub. L. 110–246, § 2707(a), trans- ferred subsecs. (a), (c), and (d) of section 3843 of this title and redesignated them as subsecs. (c) to (e), re- spectively, of this section. See Codification note above. Subsecs. (f) to (i). Pub. L. 110–246, § 2708(2), added sub- secs. (f) to (i). 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. § 3845. Environmental services markets (a) Technical guidelines required The Secretary shall establish technical guide- lines that outline science-based methods to measure the environmental services benefits from conservation and land management activi- ties in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets. The Secretary shall give priority to the establish- ment of guidelines related to farmer, rancher, and forest landowner participation in carbon markets. (b) Establishment The Secretary shall establish guidelines under subsection (a) for use in developing the fol- lowing: (1) A procedure to measure environmental services benefits. (2) A protocol to report environmental serv- ices benefits. (3) A registry to collect, record and maintain the benefits measured. (c) Verification requirements (1) Verification of reports The Secretary shall establish guidelines for a process to verify that a farmer, rancher, or forest landowner who reports an environ- mental services benefit pursuant to the pro- tocol required by paragraph (2) of subsection (b) for inclusion in the registry required by paragraph (3) of such subsection has imple- mented the conservation or land management activity covered by the report. (2) Role of third parties In establishing the verification guidelines required by paragraph (1), the Secretary shall consider the role of third-parties in con- ducting independent verification of benefits produced for environmental services markets and other functions, as determined by the Sec- retary. (d) Use of existing information In carrying out subsection (b), the Secretary shall build on activities or information in exist- ence on the date of the enactment of the Food, Conservation, and Energy Act of 2008 regarding environmental services markets. (e) Consultation In carrying out this section, the Secretary shall consult with the following: (1) Federal and State government agencies. (2) Nongovernmental interests including— (A) farm, ranch, and forestry producers; (B) financial institutions involved in envi- ronmental services trading; (C) institutions of higher education with relevant expertise or experience; (D) nongovernmental organizations with relevant expertise or experience; and (E) private sector representatives with rel- evant expertise or experience. (3) Other interested persons, as determined by the Secretary. (Pub. L. 99–198, title XII, § 1245, as added Pub. L. 110–234, title II, § 2709, May 22, 2008, 122 Stat. 1081, and Pub. L. 110–246, § 4(a), title II, § 2709, June 18, 2008, 122 Stat. 1664, 1809.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec (d), is the date of enactment of Pub. L. 110–246, which was ap- proved June 18, 2008. 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. PRIOR PROVISIONS A prior section 3845, Pub. L. 99–198, title XII, § 1245, Dec. 23, 1985, 99 Stat. 1516; Pub. L. 101–624, title XIV, § 1443, Nov. 28, 1990, 104 Stat. 3602; Pub. L. 102–552, title V, § 516(b)(1), Oct. 28, 1992, 106 Stat. 4137, related to au- thorization of appropriations, prior to the general amendment of this subchapter by Pub. L. 104–127. 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 Title 7, Agriculture. § 3846. Regulations (a) In general The Secretary shall promulgate such regula- tions as are necessary to implement programs under this chapter, including such regulations as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under section 3844(f) of this title. (b) Rulemaking procedure The promulgation of regulations and adminis- tration of programs under this chapter— (1) shall be carried out without regard to chapter 35 of title 44 (commonly known as the Paperwork Reduction Act); and Page 2425 TITLE 16—CONSERVATION § 3851 (2) shall be made as an interim rule effective on publication with an opportunity for notice and comment. (c) Congressional review of agency rulemaking In promulgating regulations under this sec- tion, the Secretary shall use the authority pro- vided under section 808 of title 5. (Pub. L. 99–198, title XII, § 1246, as added Pub. L. 113–79, title II, § 2608, Feb. 7, 2014, 128 Stat. 761.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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. PRIOR PROVISIONS A prior section 3846, Pub. L. 99–198, title XII, § 1246, as added Pub. L. 101–624, title XIV, § 1444, Nov. 28, 1990, 104 Stat. 3602, directed Secretary to report to Congress on erodible land and wetland conservation program, prior to repeal by Pub. L. 104–66, title I, § 1011(a), Dec. 21, 1995, 109 Stat. 709. § 3847. Data on conservation practices (a) Data on conservation practices The Secretary shall identify available data sets within the Department of Agriculture re- garding the use of conservation practices and the effect of such practices on farm and ranch profitability (including such effects relating to crop yields, soil health, and other risk-related factors). (b) Report Not later than 1 year after December 20, 2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes— (1) a summary of the data sets identified under subsection (a); (2) a summary of the steps the Secretary would have to take to provide access to such data sets by university researchers, including taking into account any technical, privacy, or administrative considerations; (3) a summary of safeguards the Secretary employs when providing access to data to uni- versity researchers; (4) a summary of appropriate procedures to maximize the potential for research benefits while preventing any violations of privacy or confidentiality; and (5) recommendations for any necessary au- thorizations or clarifications of Federal law to allow access to such data sets to maximize the potential for research benefits. (Pub. L. 99–198, title XII, § 1247, as added Pub. L. 115–334, title XII, § 12618, Dec. 20, 2018, 132 Stat. 5017.) Editorial Notes PRIOR PROVISIONS A prior section 3847, Pub. L. 99–198, title XII, § 1247, as added Pub. L. 101–624, title XIV, § 1445, Nov. 28, 1990, 104 Stat. 3603; amended Pub. L. 102–237, title II, § 204(8), Dec. 13, 1991, 105 Stat. 1855, which related to assistance for control of spread of weeds and pests, was omitted in the general amendment of this subchapter by Pub. L. 104–127. SUBCHAPTER V–A—OTHER CONSERVATION PROGRAMS § 3851. Experienced services program (a) Establishment and purpose The Secretary shall establish an experienced services program (referred to in this section as the ‘‘program’’) for the purpose of utilizing the talents of individuals who are age 55 or older, but who are not employees of the Department of Agriculture or a State agriculture department, to provide— (1) technical services in support of the con- servation-related programs and authorities carried out by the Secretary, including con- servation planning assistance, technical con- sultation, and assistance with design and im- plementation of conservation practices; and (2) technical, professional, and administra- tive services to support the research, edu- cation, and economics mission area of the De- partment of Agriculture (including the Agri- cultural Research Service, the Economic Re- search Service, the National Agricultural Li- brary, the National Agricultural Statistics Service, the Office of the Chief Scientist, and the National Institute of Food and Agri- culture), including— (A) supporting agricultural research and information; (B) advancing scientific knowledge relat- ing to agriculture; (C) enhancing access to agricultural infor- mation; (D) providing statistical information and research results to farmers, ranchers, agri- business, and public officials; and (E) assisting research, education, and ex- tension programs in land-grant colleges and universities (as defined in section 3103 of this title). (b) Program agreements (1) Relation to older American community service employment program Notwithstanding any other provision of law relating to Federal grants, cooperative agree- ments, or contracts, to carry out the program during a fiscal year, the Secretary may enter into agreements with nonprofit private agen- cies and organizations eligible to receive grants for that fiscal year under the Commu- nity Service Senior Opportunities Act (42 U.S.C. 3056 et seq.) to secure participants for the program who will provide technical, pro- fessional, or administrative services, as appli- cable, under the program. (2) Required determination Before entering into an agreement under paragraph (1), the Secretary shall ensure that the agreement would not— (A) result in the displacement of individ- uals employed by the Department, including partial displacement through reduction of