16 U.S.C. § 2005 — Soil and water conservation program

Page 2138 TITLE 16—CONSERVATION § 2005 ownerships, and their trends and other consid- erations relating to the use, development, and conservation of soil, water, and related re- sources; (5) data on the costs and benefits of alter- native soil and water conservation practices; (6) data on alternative irrigation techniques regarding their costs, benefits, and impact on soil and water conservation, crop production, and environmental factors; and (7) data on conservation plans, conservation practices planned or implemented, environ- mental outcomes, economic costs, and related matters under conservation programs admin- istered by the Secretary. (b) Collection of data The appraisal shall utilize data collected under this chapter and pertinent data and infor- mation collected by the Department of Agri- culture and other Federal, State, tribal, and local agencies and organizations. The Secretary shall establish an integrated system capable of using combinations of resource data to deter- mine the quality and capabilities for alternative uses of the resource base and to identify areas of local, State, tribal, and National concerns and related roles pertaining to soil and water con- servation, resource use and development, and environmental improvement. (c) Public participation The appraisal shall be made in cooperation with conservation districts, State and tribal soil and water conservation agencies, and other ap- propriate citizen groups, and local, tribal, and State agencies under such procedures as the Secretary may prescribe to insure public par- ticipation. (d) Evaluation of appraisal In conducting the appraisal described in sub- section (a), the Secretary shall concurrently so- licit and evaluate recommendations for improv- ing the appraisal, including the content, scope, process, participation in, and other elements of the appraisal, as determined by the Secretary. (e) Completion dates The Secretary shall conduct comprehensive appraisals under this section, to be completed by December 31, 2010, December 31, 2015, and De- cember 31, 2022. The Secretary may make such additional interim appraisals as the Secretary considers appropriate. (Pub. L. 95–192, § 5, Nov. 18, 1977, 91 Stat. 1408; Pub. L. 99–198, title XII, § 1252(a), Dec. 23, 1985, 99 Stat. 1516; Pub. L. 110–234, title II, § 2804(b), May 22, 2008, 122 Stat. 1086; Pub. L. 110–246, § 4(a), title II, § 2804(b), June 18, 2008, 122 Stat. 1664, 1814; Pub. L. 113–79, title II, § 2508(b), Feb. 7, 2014, 128 Stat. 756; Pub. L. 115–334, title II, § 2402(1), Dec. 20, 2018, 132 Stat. 4570.) 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. (e). Pub. L. 115–334 substituted ‘‘Decem- ber 31, 2015, and December 31, 2022’’ for ‘‘and December 31, 2015’’. 2014—Subsec. (a)(4). Pub. L. 113–79, § 2508(b)(1), sub- stituted ‘‘, State, and tribal’’ for ‘‘and State’’. Subsec. (b). Pub. L. 113–79, § 2508(b)(2), inserted ‘‘, tribal’’ after ‘‘State’’ in two places. Subsec. (c). Pub. L. 113–79, § 2508(b)(3), substituted ‘‘State and tribal soil’’ for ‘‘State soil’’ and ‘‘local, trib- al,’’ for ‘‘local’’. 2008—Subsec. (a)(7). Pub. L. 110–246, § 2804(b)(1), added par. (7). Subsecs. (d), (e). Pub. L. 110–246, § 2804(b)(2)–(4), added subsec. (d), redesignated former subsec. (d) as (e), and substituted ‘‘The Secretary shall conduct comprehen- sive appraisals under this section, to be completed by December 31, 2010, and December 31, 2015.’’ for ‘‘The Secretary shall conduct four comprehensive appraisals under this section, to be completed by December 31, 1979, December 31, 1986, December 31, 1995, and Decem- ber 31, 2005, respectively.’’ 1985—Subsec. (d). Pub. L. 99–198 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘The appraisal shall be completed by December 31, 1979, and 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. § 2005. Soil and water conservation program (a) Program development The Secretary is hereby authorized and di- rected to develop in cooperation with and par- ticipation by the public through conservation districts, State, tribal, and national organiza- tions and agencies, and other appropriate means, a national soil and water conservation program (hereinafter called the ‘‘program’’) to be used as a guide in carrying out the activities of the Secretary which assist landowners and land users, at their request, in furthering soil and water conservation on the private, tribal, and non-Federal lands of the Nation. The pro- gram shall set forth direction for future soil and water conservation efforts of the United States Department of Agriculture based on the current soil, water, and related resource appraisal devel- oped in accordance with section 2004 of this title, taking into consideration both the long- and short-term needs of the Nation, the land- owners, and the land users, and the roles and re- sponsibilities of Federal, State, tribal, and local governments in such conservation efforts. The program shall also include but not be limited to— 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