16 U.S.C. § 3838h — Untitled legal text

Page 2380 TITLE 16—CONSERVATION §§ 3838d to 3838g Stat. 230, set forth duties of producers under conserva- tion security contracts. A prior section 3838b, Pub. L. 99–198, title XII, § 1238B, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3590, directed Secretary to formulate and carry out agricultural water quality protection pro- gram, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007. Section 3838c, Pub. L. 99–198, title XII, § 1238C, as added Pub. L. 107–171, title II, § 2001(a), May 13, 2002, 116 Stat. 230, set forth duties of Secretary of Agriculture relating to timing and amounts of payments, promul- gation of regulations, changes of interest in land, en- rollment procedure, and providing technical assistance. A prior section 3838c, Pub. L. 99–198, title XII, § 1238C, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3594, related to lands eligible for enrollment in water quality protection program, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007. SUBPART B—CONSERVATION STEWARDSHIP PROGRAM Editorial Notes CODIFICATION Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 721, amended subpart heading generally. PRIOR PROVISIONS A prior subpart B, consisting of sections 3838h to 3838j, was redesignated subpart C of this part by Pub. L. 110–234, title II, § 2301(a)(1), May 22, 2008, 122 Stat. 1040, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(1), June 18, 2008, 122 Stat. 1664, 1768, and subsequently repealed by Pub. L. 113–79, title II, § 2704(a), Feb. 7, 2014, 128 Stat. 767. §§ 3838d to 3838g. Transferred Editorial Notes CODIFICATION Section 3838d, Pub. L. 99–198, title XII, § 1238D, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1040, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1768; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 721, which set out definitions for this subpart, was renumbered section 1240I of Pub. L. 99–198 and transferred to section 3839aa–21 of this title. A prior section 3838d, Pub. L. 99–198, title XII, § 1238D, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3595, related to technical assistance for water quality protection, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007. Section 3838e, Pub. L. 99–198, title XII, § 1238E, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1041, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1769; amended Pub. L. 112–55, div. A, title VII, § 716(b), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 722, which established a conservation steward- ship program, was renumbered section 1240J of Pub. L. 99–198 and transferred to section 3839aa–22 of this title. A prior section 3838e, Pub. L. 99–198, title XII, § 1238E, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3596, related to demonstration and pilot pro- grams, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007. Section 3838f, Pub. L. 99–198, title XII, § 1238F, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1042, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1770; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 723, which related to stewardship contracts, was renumbered sec- tion 1240K of Pub. L. 99–198 and transferred to section 3839aa–23 of this title. A prior section 3838f, Pub. L. 99–198, title XII, § 1238F, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3596, related to report to Congress, prior to re- peal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007. Section 3838g, Pub. L. 99–198, title XII, § 1238G, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1045, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1773; Pub. L. 113–79, title II, § 2101(a), Feb. 7, 2014, 128 Stat. 726, which described duties of the Secretary regarding the con- servation stewardship program, was renumbered sec- tion 1240L of Pub. L. 99–198 and transferred to section 3839aa–24 of this title. Statutory Notes and Related Subsidiaries TERMINATION OF CONSERVATION STEWARDSHIP PROGRAM Pub. L. 115–334, title II, § 2301(c)(2), Dec. 20, 2018, 132 Stat. 4552, provided that: ‘‘Effective on the date of en- actment of this Act [Dec. 20, 2018], the conservation stewardship program under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act) shall cease to be ef- fective.’’ SUBPART C—FARMLAND PROTECTION PROGRAM Editorial Notes CODIFICATION Pub. L. 110–234, title II, § 2301(a)(1), May 22, 2008, 122 Stat. 1040, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(1), June 18, 2008, 122 Stat. 1664, 1768, both redesignated sub- part B of this part as subpart C. Pub. L. 110–234 was re- pealed by section 4(a) of Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234. Section 2503(a) of Pub. L. 107–171, which directed that subchapter B (this subpart) be added at the end of chap- ter 2 of the Food Security Act of 1985, was executed by adding subchapter B after subchapter A of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (subpart A of this part) to reflect the probable intent of Congress and a prior amendment by section 2401 of Pub. L. 107–171, which had added subchapter C (subpart C of this part) at the end of chapter 2 of subtitle D of title XII of the Food Security Act of 1985. PRIOR PROVISIONS A prior subpart C, consisting of sections 3838n to 3838q, was redesignated subpart D of this part by Pub. L. 110–234, title II, § 2301(a)(1), May 22, 2008, 122 Stat. 1040, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(1), June 18, 2008, 122 Stat. 1664, 1768, and was subsequently re- pealed by Pub. L. 113–79, title II, § 2705(a), Feb. 7, 2014, 128 Stat. 768. §§ 3838h to 3838j. Repealed. Pub. L. 113–79, title II, § 2704(a), Feb. 7, 2014, 128 Stat. 767 Section 3838h, Pub. L. 99–198, title XII, § 1238H, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2401(a), May 22, 2008, 122 Stat. 1048; Pub. L. 110–246, § 4(a), title II, § 2401(a), June 18, 2008, 122 Stat. 1664, 1776, defined terms used in this subpart. Section 3838i, Pub. L. 99–198, title XII, § 1238I, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 268; amended Pub. L. 110–234, title II, § 2401(b), May 22, 2008, 122 Stat. 1049; Pub. L. 110–246, § 4(a), title II, § 2401(b), June 18, 2008, 122 Stat. 1664, 1777, related to farmland protection program. Section 3838j, Pub. L. 99–198, title XII, § 1238J, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 269; amended Pub. L. 110–234, title II, § 2402, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, § 4(a), title II, § 2402, June 18, 2008, 122 Stat. 1664, 1779, related to farm viability program. Page 2381 TITLE 16—CONSERVATION §§ 3839 to 3839d Statutory Notes and Related Subsidiaries REPEAL; TRANSITIONAL PROVISIONS Pub. L. 113–79, title II, § 2704, Feb. 7, 2014, 128 Stat. 767, provided that: ‘‘(a) REPEAL.—Except as provided in subsection (b), subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) is repealed. ‘‘(b) TRANSITIONAL PROVISIONS.— ‘‘(1) EFFECT ON EXISTING AGREEMENTS AND EASE- MENTS.—The amendment made by this section [re- pealing sections 3838h to 3838j of this title] shall not affect the validity or terms of any agreement or ease- ment entered into by the Secretary of Agriculture under subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838h et seq.) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any pay- ments required to be made in connection with the agreement or easement. ‘‘(2) FUNDING.— ‘‘(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the repeal of subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838h et seq.), any funds made available from the Commodity Credit Corporation to carry out the farmland protection program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out agree- ments and easements referred to in paragraph (1) that were entered into prior to the date of enact- ment of the Agricultural Act of 2014 (including 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 agricultural conservation easement pro- gram under subtitle H of title XII of the Food Secu- rity Act of 1985 [16 U.S.C. 3865 et seq.], as added by section 2301, to continue to carry out agreements and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such agreements and easements as in existence on the day before the date of enactment of the Agri- cultural Act of 2014.’’ SUBPART D—GRASSLAND RESERVE PROGRAM Editorial Notes CODIFICATION Pub. L. 110–234, title II, §§ 2301(a)(1), 2403, May 22, 2008, 122 Stat. 1040, 1051, and Pub. L. 110–246, § 4(a), title II, §§ 2301(a)(1), 2403, June 18, 2008, 122 Stat. 1664, 1768, 1779, both redesignated subpart C of this part as subpart D. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234. Section 2401 of Pub. L. 107–171, which directed that subchapter C (this subpart) be added at the end of chap- ter 2 of the Food Security Act of 1985, was executed by adding subchapter C at the end of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (this part) to reflect the probable intent of Congress. §§ 3838n to 3838q. Repealed. Pub. L. 113–79, title II, § 2705(a), Feb. 7, 2014, 128 Stat. 768 Section 3838n, Pub. L. 99–198, title XII, § 1238N, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 258; Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1779, related to establishment of grassland reserve program by Secretary. Section 3838o, Pub. L. 99–198, title XII, § 1238O, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 259; amended Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1052; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1780, related to duties of owners and operators. Section 3838p, Pub. L. 99–198, title XII, § 1238P, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 261; amended Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1054; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1782, related to duties of Secretary. Section 3838q, Pub. L. 99–198, title XII, § 1238Q, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 262; amended Pub. L. 108–447, div. A, title VII, § 797, Dec. 8, 2004, 118 Stat. 2852; Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1055; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1783, related to delegation of duty. Statutory Notes and Related Subsidiaries REPEAL; TRANSITIONAL PROVISIONS Pub. L. 113–79, title II, § 2705, Feb. 7, 2014, 128 Stat. 768, provided that: ‘‘(a) REPEAL.—Except as provided in subsection (b), subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.) is repealed. ‘‘(b) TRANSITIONAL PROVISIONS.— ‘‘(1) EFFECT ON EXISTING CONTRACTS, AGREEMENTS, AND EASEMENTS.—The amendment made by this sec- tion [repealing sections 3838n to 3838q of this title] shall not affect the validity or terms of any contract, agreement, or easement entered into by the Sec- retary of Agriculture under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838n et seq.) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract, agreement, or ease- ment. ‘‘(2) FUNDING.— ‘‘(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the repeal of subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838n et seq.), any funds made available from the Commodity Credit Corporation to carry out the grassland reserve program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, or easements referred to in paragraph (1) that were entered into prior to the date of enact- ment of the Agricultural Act of 2014 (including the provision of technical assistance), provided that no such contract, agreement, or easement is modified so as to increase the amount of the payment re- ceived. ‘‘(B) OTHER.—The Secretary [of Agriculture] may use funds made available to carry out the agricul- tural conservation easement program under sub- title H of title XII of the Food Security Act of 1985 [16 U.S.C. 3865 et seq.], as added by section 2301, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in exist- ence on the day before the date of enactment of the Agricultural Act of 2014.’’ PART III—ENVIRONMENTAL EASEMENT PROGRAM §§ 3839 to 3839d. Repealed. Pub. L. 113–79, title II, § 2711, Feb. 7, 2014, 128 Stat. 771 Section 3839, Pub. L. 99–198, title XII, § 1239, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3597; amended Pub. L. 102–237, title II, § 204(7), Dec. 13, 1991, 105 Stat. 1855, related to establishment of environ- mental easement program by Secretary. Section 3839a, Pub. L. 99–198, title XII, § 1239A, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3597, related to duties of owners; components of plan.