16 U.S.C. § 3861 — Establishment of State technical commit-

Page 2427 TITLE 16—CONSERVATION § 3861 1 See Extension of Forest Service Participation in Aces Pro- gram note below. tion-related programs and authorities carried out by the Secretary on National Forest System land. (b) Termination of effectiveness The authority provided to the Secretary to carry out this section terminates effective Octo- ber 1, 2023.1 (Pub. L. 113–79, title VIII, § 8302, Feb. 7, 2014, 128 Stat. 923; Pub. L. 115–334, title VIII, § 8622, Dec. 20, 2018, 132 Stat. 4853.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of title XII of Pub. L. 99–198 which comprises this chapter. AMENDMENTS 2018—Pub. L. 115–334 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EXTENSION OF FOREST SERVICE PARTICIPATION IN ACES PROGRAM Pub. L. 118–83, div. B, title I, § 106, Sept. 26, 2024, 138 Stat. 1535, provided that: ‘‘Section 8302(b) of the Agri- cultural Act of 2014 (16 U.S.C. 3851a(b)) shall be applied by substituting ‘1 day after December 20, 2024’ for ‘Oc- tober 1, 2023’.’’ DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 9001 of Title 7, Agriculture. SUBCHAPTER VI—STATE TECHNICAL COMMITTEES § 3861. Establishment of State technical commit- tees (a) Establishment The Secretary shall establish a technical com- mittee in each State to assist the Secretary in the considerations relating to implementation and technical aspects of the conservation pro- grams under this chapter. (b) Standards The Secretary shall review and update as nec- essary— (1) standard operating procedures to stand- ardize the operations of State technical com- mittees; and (2) standards to be used by State technical committees in the development of technical guidelines for the implementation of the con- servation provisions of this chapter. (c) Composition Each State technical committee shall be com- posed of agricultural producers and other profes- sionals that represent a variety of disciplines in the soil, water, wetland, and wildlife sciences. The technical committee for a State shall in- clude representatives from among the following: (1) The Natural Resources Conservation Service. (2) The Farm Service Agency. (3) The Forest Service. (4) The National Institute of Food and Agri- culture. (5) The State fish and wildlife agency. (6) The State forester or equivalent State of- ficial. (7) The State water resources agency. (8) The State department of agriculture. (9) The State association of soil and water conservation districts. (10) Agricultural producers representing the variety of crops and livestock or poultry raised within the State. (11) Owners of nonindustrial private forest land. (12) Nonprofit organizations within the meaning of section 501(c)(3) of title 26 with de- monstrable conservation expertise and experi- ence working with agriculture producers in the State. (13) Agribusiness. (14) The State Cooperative Extension Serv- ice and land grant university in the State. (Pub. L. 99–198, title XII, § 1261, as added Pub. L. 101–624, title XIV, § 1446, Nov. 28, 1990, 104 Stat. 3604; amended Pub. L. 104–127, title III, § 342(a), Apr. 4, 1996, 110 Stat. 1009; Pub. L. 110–234, title II, § 2711, title VII, § 7511(c)(38), May 22, 2008, 122 Stat. 1083, 1271; Pub. L. 110–246, § 4(a), title II, § 2711, title VII, § 7511(c)(38), June 18, 2008, 122 Stat. 1664, 1811, 2032; Pub. L. 113–79, title II, § 2607, Feb. 7, 2014, 128 Stat. 760; Pub. L. 115–334, title II, § 2822, Dec. 20, 2018, 132 Stat. 4603.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(2), 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. 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. (b)(2). Pub. L. 115–334, § 2822(a), struck out ‘‘under section 3862(b) of this title’’ after ‘‘technical guidelines’’. Subsec. (c)(14). Pub. L. 115–334, § 2822(b), added par. (14). 2014—Subsec. (b). Pub. L. 113–79, in introductory pro- visions, substituted ‘‘The Secretary shall review and update as necessary’’ for ‘‘Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop’’. 2008—Pub. L. 110–246, § 2711, which directed the gen- eral amendment of section 1261 of the ‘‘Farm Security Act of 1985’’, was executed by making the amendment to this section, which is section 1261 of the Food Secu- rity Act of 1985, to reflect the probable intent of Con- gress. Prior to amendment, section related to the es- tablishment in each State of a technical committee to assist the Secretary in the technical considerations re- lating to implementation of conservation provisions under this chapter, composition of each such com- mittee, and development of standards to be used in the development of guidelines under former section 3862(b) of this title. Page 2428 TITLE 16—CONSERVATION § 3862 Subsec. (c)(4). Pub. L. 110–246, § 7511(c)(38), which di- rected amendment of par. (4) by substituting ‘‘National Institute of Food and Agriculture’’ for ‘‘Extension Service’’, could not be executed because ‘‘Extension Service’’ did not appear subsequent to amendment by Pub. L. 110–246, § 2711. See above. 1996—Subsec. (c)(9) to (12). Pub. L. 104–127 added pars. (9) to (12). 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 7511(c)(38) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of Title 7, Agriculture. § 3862. Responsibilities (a) In general Each State technical committee established under section 3861 of this title shall meet regu- larly to provide information, analysis, and rec- ommendations to appropriate officials of the De- partment of Agriculture who are charged with implementing the conservation provisions of this chapter. (b) Public notice and attendance Each State technical committee shall provide public notice of, and permit public attendance at, meetings considering issues of concern re- lated to carrying out this chapter. (c) Role (1) In general The role of State technical committees is advisory in nature, and such committees shall have no implementation or enforcement au- thority. However, the Secretary shall give strong consideration to the recommendations of such committees in administering the pro- grams under this chapter. (2) Advisory role in establishing program pri- orities and criteria Each State technical committee shall advise the Secretary in establishing priorities and criteria for the programs in this chapter, in- cluding the review of whether local working groups are addressing those priorities. (d) Requirements of chapter 10 of title 5 (1) Exemption Each State technical committee shall be ex- empt from chapter 10 of title 5. (2) Local working groups For purposes of chapter 10 of title 5, any local working group established under this subchapter shall be considered to be a sub- committee of the applicable State technical committee. (Pub. L. 99–198, title XII, § 1262, as added Pub. L. 101–624, title XIV, § 1446, Nov. 28, 1990, 104 Stat. 3604; amended Pub. L. 103–354, title II, § 246(f)(3), Oct. 13, 1994, 108 Stat. 3225; Pub. L. 104–127, title III, § 342(b), Apr. 4, 1996, 110 Stat. 1009; Pub. L. 110–234, title II, § 2711, May 22, 2008, 122 Stat. 1084; Pub. L. 110–246, § 4(a), title II, § 2711, June 18, 2008, 122 Stat. 1664, 1812; Pub. L. 117–286, § 4(a)(119), Dec. 27, 2022, 136 Stat. 4318.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c), 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. 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 2022—Subsec. (d). Pub. L. 117–286, § 4(a)(119)(A), sub- stituted ‘‘Requirements of chapter 10 of title 5’’ for ‘‘FACA requirements’’ in heading. Subsec. (d)(1). Pub. L. 117–286, § 4(a)(119)(B), sub- stituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App.).’’ Subsec. (d)(2). Pub. L. 117–286, § 4(a)(119)(C), sub- stituted ‘‘chapter 10 of title 5,’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App.),’’. 2008—Pub. L. 110–246, § 2711, which directed the gen- eral amendment of section 1262 of the ‘‘Farm Security Act of 1985’’, was executed by making the amendment to this section, which is section 1262 of the Food Secu- rity Act of 1985, to reflect the probable intent of Con- gress. Prior to amendment, section consisted of sub- secs. (a) to (e) which related to general responsibilities of committees established under section 3861 of this title, wetland and wildlife habitat protection guide- lines, provision of assistance and recommendations with respect to enumerated technical aspects, author- ity of committees, and FACA requirements. 1996—Subsec. (a). Pub. L. 104–127, § 342(b)(1), inserted at end ‘‘Each State technical committee shall provide public notice of, and permit public attendance at meet- ings considering, issues of concern related to carrying out this chapter.’’ Subsec. (b)(1). Pub. L. 104–127, § 342(b)(2), inserted at end ‘‘Each State technical committee shall establish criteria and guidelines for evaluating petitions by agri- cultural producers regarding new conservation prac- tices and systems not already described in field office technical guides.’’ Subsec. (c)(7) to (9). Pub. L. 104–127, § 342(b)(3), struck out ‘‘and’’ at end of par. (7), added par. (8), and redesig- nated former par. (8) as (9). 1994—Subsec. (e). Pub. L. 103–354 added subsec. (e). 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. PUBLIC NOTICE AND COMMENT FOR REVISIONS TO CERTAIN STATE TECHNICAL GUIDES Pub. L. 104–127, title III, § 343, Apr. 4, 1996, 110 Stat. 1009, provided that: ‘‘After the date of enactment of this Act [Apr. 4, 1996], the Secretary of Agriculture shall provide for public notice and comment under sec- tion 553 of title 5, United States Code, with regard to any future revisions to those provisions of the Natural Resources Conservation Service State technical guides