16 U.S.C. § 2004 — Continuing appraisal of soil, water, and

Page 2137 TITLE 16—CONSERVATION § 2004 within the scope of the programs administered and participated in by the Secretary of Agri- culture. (3) The term ‘‘soil and water conservation pro- gram’’ means a set of guidelines for attaining the purposes of this chapter. (Pub. L. 95–192, § 3, Nov. 18, 1977, 91 Stat. 1407; Pub. L. 103–354, title II, § 246(f)(2)(B), Oct. 13, 1994, 108 Stat. 3225.) Editorial Notes AMENDMENTS 1994—Par. (2). Pub. L. 103–354 struck out ‘‘through the Soil Conservation Service’’ after ‘‘Agriculture’’. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart- ment, related to compliance with this chapter with re- spect to pre-construction, construction, and initial op- eration of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Govern- ment Organization and Employees. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. § 2003. Congressional policy and declaration of purpose (a) Responsiveness to long-term needs In order to further the conservation of soil, water, and related resources, it is declared to be the policy of the United States and purpose of this chapter that the conduct of programs ad- ministered by the Secretary of Agriculture for the conservation of such resources shall be re- sponsive to the long-term needs of the Nation, as determined under the provisions of this chap- ter. (b) Full utilization of cooperative arrangements with State and tribal agencies Recognizing that the arrangements under which the Federal Government cooperates with State and tribal soil and water conservation agencies and other appropriate State and tribal natural resource agencies such as those con- cerned with forestry and fish and wildlife and, through conservation districts, with other local units of government and land users, have effec- tively aided in the protection and improvement of the Nation’s basic resources, including the restoration and maintenance of resources dam- aged by improper use, it is declared to be the policy of the United States that these arrange- ments and similar cooperative arrangements should be utilized to the fullest extent prac- ticable to achieve the purpose of this chapter consistent with the roles and responsibilities of the non-Federal agencies, landowners and land users. (c) Attainment of policies and purposes The Secretary shall promote the attainment of the policies and purposes expressed in this chapter by— (1) appraising on a continuing basis the soil, water, and related resources of the Nation; (2) developing and updating periodically a program for furthering the conservation, pro- tection, and enhancement of the soil, water, and related resources of the Nation consistent with the roles and program responsibilities of other Federal agencies and State, tribal, and local governments; and (3) providing to Congress and the public, through reports, the information developed pursuant to paragraphs (1) and (2) of this sub- section, and by providing Congress with an an- nual evaluation report as provided in section 2006 of this title. (Pub. L. 95–192, § 4, Nov. 18, 1977, 91 Stat. 1407; Pub. L. 113–79, title II, § 2508(a), Feb. 7, 2014, 128 Stat. 756.) Editorial Notes AMENDMENTS 2014—Subsec. (b). Pub. L. 113–79, § 2508(a)(1), inserted ‘‘and tribal’’ after ‘‘State’’ in two places in text. Subsec. (c)(2). Pub. L. 113–79, § 2508(a)(2), inserted ‘‘, tribal,’’ after ‘‘State’’. 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. § 2004. Continuing appraisal of soil, water, and related resources (a) Data In recognition of the importance of and need for obtaining and maintaining information on the current status of soil, water, and related re- sources, the Secretary is authorized and di- rected to carry out a continuing appraisal of the soil, water, and related resources of the Nation. The appraisal shall include, but not be limited to— (1) data on the quality and quantity of soil, water, and related resources, including fish and wildlife habitats; (2) data on the capability and limitations of those resources for meeting current and pro- jected demands on the resource base; (3) data on the changes that have occurred in the status and condition of those resources re- sulting from various past uses, including the impact of farming technologies, techniques, and practices; (4) data on current Federal, State, and tribal laws, policies, programs, rights, regulations, 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—