16 U.S.C. § 3843 — Repealed. Pub. L. 113–79, title II, § 2710(a),

Page 2418 TITLE 16—CONSERVATION § 3843 § 2706, June 18, 2008, 122 Stat. 1664, 1802; Pub. L. 113–79, title II, § 2713(c), Feb. 7, 2014, 128 Stat. 772; Pub. L. 115–334, title II, §§ 2502, 2821(e), Dec. 20, 2018, 132 Stat. 4579, 4603.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (c), (d), (g)(1), and (h)(3), was in the original ‘‘this title’’, mean- ing title XII of Pub. L. 99–198, which enacted this chap- ter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sec- tions 4207 and 4209 of Title 7, Agriculture, and provi- sions set out as a note under section 1981 of Title 7. The date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsecs. (e)(2) and (f)(3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. 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 L. 110–234 were repealed by section 4(a) of Pub.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. Section 2701 of Pub. L. 107–171, which directed that subtitle E of the Food Security Act of 1985 be amended by striking section 1242 and adding a new section 1242 (this section), was executed by striking section 1242 of subtitle E of title XII of the Food Security Act of 1985 and adding the new section 1242 in lieu thereof, to re- flect the probable intent of Congress. PRIOR PROVISIONS A prior section 3842, Pub. L. 99–198, title XII, § 1242, as added Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008, related to use of other agencies, prior to re- peal by Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 278. See Codification note above. Another prior section 3842, Pub. L. 99–198, title XII, § 1242, Dec. 23, 1985, 99 Stat. 1515, related to use of other agencies, prior to the general amendment of this sub- chapter by Pub. L. 104–127. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 2502(a), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘In this section, the term ‘eligible participant’ means a producer, landowner, or entity that is partici- pating in, or seeking to participate in, programs for which the producer, landowner, or entity is otherwise eligible to participate in under this chapter or the agri- cultural management assistance program under section 1524 of title 7.’’ Subsec. (e)(3)(B). Pub. L. 115–334, § 2821(e), substituted ‘‘third-party’’ for ‘‘third party’’. Subsec. (e)(4), (5). Pub. L. 115–334, § 2502(b), added pars. (4) and (5). Subsec. (f)(4). Pub. L. 115–334, § 2821(e), substituted ‘‘third-party’’ for ‘‘third party’’ in subpars. (A) and (B). Subsec. (h)(1)(A). Pub. L. 115–334, § 2502(c)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘review conservation practice stand- ards, including engineering design specifications, in ef- fect on the date of the enactment of the Food, Con- servation, and Energy Act of 2008;’’. Subsec. (h)(1)(D). Pub. L. 115–334, § 2502(c)(1)(B)–(D), added subpar. (D). Subsec. (h)(2). Pub. L. 115–334, § 2502(c)(2), inserted ‘‘State technical committees established under section 3861(a) of this title,’’ before ‘‘crop consultants,’’. Subsec. (h)(3), (4). Pub. L. 115–334, § 2502(c)(3), added pars. (3) and (4) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: ‘‘If the Sec- retary determines under paragraph (1) that revisions to the conservation practice standards, including engi- neering design specifications, are necessary, the Sec- retary shall establish an administrative process for ex- pediting the revisions.’’ 2014—Subsec. (i). Pub. L. 113–79 substituted ‘‘spe- cialty’’ for ‘‘speciality’’ in heading. 2008—Pub. L. 110–246, § 2706, amended section gen- erally. Prior to amendment, section related to: in sub- sec. (a), provision of technical assistance to an eligible producer directly or through an approved third party; and, in subsec. (b), establishment of a system to certify third-party providers, transition provisions for persons that had provided assistance before May 13, 2002, and cooperative agreements or contracts with non-Federal entities. 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. § 3843. Repealed. Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770 Section, Pub. L. 99–198, title XII, § 1243, as added Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008; amended Pub. L. 107–171, title II, §§ 2003, 2006(d), May 13, 2002, 116 Stat. 233, 237; Pub. L. 110–234, title II, § 2707, May 22, 2008, 122 Stat. 1077; Pub. L. 110–246, § 4(a), title II, § 2707, June 18, 2008, 122 Stat. 1664, 1805, related to co- operative conservation partnership initiative. A prior section 3843, Pub. L. 99–198, title XII, § 1243, Dec. 23, 1985, 99 Stat. 1515; Pub. L. 101–624, title XIV, § 1442, Nov. 28, 1990, 104 Stat. 3602, which related to ad- ministration of this chapter, was omitted in the gen- eral amendment of this subchapter by Pub. L. 104–127. Statutory Notes and Related Subsidiaries REPEAL; TRANSITIONAL PROVISIONS Pub. L. 113–79, title II, § 2710, Feb. 7, 2014, 128 Stat. 770, provided that: ‘‘(a) REPEAL.—Except as provided in subsection (b), section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) is repealed. ‘‘(b) TRANSITIONAL PROVISIONS.— ‘‘(1) EFFECT ON EXISTING CONTRACTS AND AGREE- MENTS.—The amendment made by this section [re- pealing section 3843 of this title] shall not affect the validity or terms of any contract or agreement en- tered into by the Secretary of Agriculture under sec- tion 1243 of the Food Security Act of 1985 ([former] 16 U.S.C. 3843) before the date of enactment of the Agri- cultural Act of 2014 [Feb. 7, 2014], or any payments re- quired to be made in connection with the contract or agreement. ‘‘(2) FUNDING.— ‘‘(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the repeal of section 1243 of the Food Security Act of 1985 ([former] 16 U.S.C. 3843), any funds made available from the Commodity Credit Corporation to carry out the cooperative conservation partner- ship initiative under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in para- graph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (includ- ing the provision of technical assistance). ‘‘(B) OTHER.—On exhaustion of funds made avail- able under subparagraph (A), the Secretary [of Ag- riculture] may use funds made available to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 [16 U.S.C. 3871 et seq.], as added by sec- tion 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on the day before the date of enactment of the Agricul- tural Act of 2014.’’ Page 2419 TITLE 16—CONSERVATION § 3844 1 See References in Text note below. § 3844. Administrative requirements for con- servation programs (a) Incentives for certain farmers and ranchers and Indian tribes (1) Incentives authorized In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program— (A) to foster new farming and ranching op- portunities; and (B) to enhance long-term environmental goals. (2) Covered persons Incentives authorized by paragraph (1) may be provided to the following: (A) Beginning farmers or ranchers. (B) Socially disadvantaged farmers or ranchers. (C) Limited resource farmers or ranchers. (D) Indian tribes. (E) Veteran farmers or ranchers (as de- fined in section 2279(e) 1 of title 7). (b) Privacy of personal information relating to natural resources conservation programs (1) Information received for technical and fi- nancial assistance (A) In general In accordance with section 552(b)(3) of title 5, except as provided in subparagraph (C) and paragraph (2), information described in sub- paragraph (B)— (i) shall not be considered to be public information; and (ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture. (B) Information The information referred to in subpara- graph (A) is information— (i) provided to the Secretary or a con- tractor of the Secretary (including infor- mation provided under subchapter IV) for the purpose of providing technical or fi- nancial assistance to an owner, operator, or producer with respect to any natural re- sources conservation program adminis- tered by the Natural Resources Conserva- tion Service or the Farm Service Agency; and (ii) that is proprietary (within the mean- ing of section 552(b)(4) of title 5) to the ag- ricultural operation or land that is a part of an agricultural operation of the owner, operator, or producer. (C) Exception Nothing in this section affects the avail- ability of payment information (including payment amounts and the names and ad- dresses of recipients of payments) under sec- tion 552 of title 5. (2) Exceptions (A) Release and disclosure for enforcement The Secretary may release or disclose to the Attorney General information covered by paragraph (1) to the extent necessary to enforce the natural resources conservation programs referred to in paragraph (1)(B)(i). (B) Disclosure to cooperating persons and agencies (i) In general The Secretary may release or disclose information covered by paragraph (1) to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in providing technical and fi- nancial assistance described in paragraph (1)(B)(i) or collecting information from data gathering sites. (ii) Use of information The person or Federal, State, local, or tribal agency that receives information de- scribed in clause (i) may release the infor- mation only for the purpose of assisting the Secretary— (I) in providing the requested technical or financial assistance; or (II) in collecting information from data gathering sites. (C) Statistical and aggregate information Information covered by paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form without naming any— (i) individual owner, operator, or pro- ducer; or (ii) specific data gathering site. (D) Consent of owner, operator, or producer (i) In general An owner, operator, or producer may consent to the disclosure of information described in paragraph (1). (ii) Condition of other programs The participation of the owner, operator, or producer in, and the receipt of any ben- efit by the owner, operator, or producer under, this chapter or any other program administered by the Secretary may not be conditioned on the owner, operator, or pro- ducer providing consent under this para- graph. (3) Violations; penalties Section 2276(c) of title 7 shall apply with re- spect to the release of information collected in any manner or for any purpose prohibited by this subsection. (4) Data collection, disclosure, and review Nothing in this subsection— (A) affects any procedure for data collec- tion or disclosure through the National Re- sources Inventory; or (B) limits the authority of Congress or the Government Accountability Office to review information collected or disclosed under this subsection. (c) Plans The Secretary shall, to the extent practicable, avoid duplication in— (1) the conservation plans required for— (A) highly erodible land conservation under subchapter II; and