16 U.S.C. § 3842 — Delivery of technical assistance

Page 2415 TITLE 16—CONSERVATION § 3842 Subsec. (i)(2). Pub. L. 113–79, § 2605(2), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: ‘‘Payments made under the farmland protec- tion program for easements in which the Federal share is $250,000 or greater.’’ Subsec. (i)(3). Pub. L. 113–79, § 2605(2), (3), redesignated par. (5) as (3), substituted ‘‘regional conservation part- nership program’’ for ‘‘agricultural water enhancement program’’ and ‘‘3871c(c)(3)’’ for ‘‘3839aa–9(g)’’, and struck out former par. (3) which read as follows: ‘‘Pay- ments made under the grassland reserve program val- ued at $250,000 or greater.’’ Subsec. (i)(4). Pub. L. 113–79, § 2605(2), redesignated par. (6) as (4). Subsec. (i)(5), (6). Pub. L. 113–79, § 2605(4), added pars. (5) and (6). 2011—Subsec. (a). Pub. L. 112–55, § 716(e)(1), sub- stituted ‘‘2012 (and fiscal year 2014 in the case of the programs specified in paragraphs (3)(B), (4), (6), and (7)),’’ for ‘‘2012,’’ in introductory provisions. Subsec. (a)(4)(E). Pub. L. 112–55, § 716(e)(2), substituted ‘‘each of fiscal years 2012 through 2014’’ for ‘‘fiscal year 2012’’. Subsec. (a)(6)(E). Pub. L. 112–55, § 716(d), substituted ‘‘each of fiscal years 2012 through 2014’’ for ‘‘fiscal year 2012’’. Subsec. (a)(7)(D). Pub. L. 112–55, § 716(f), substituted ‘‘2014’’ for ‘‘2012’’. 2008—Subsec. (a). Pub. L. 110–246, § 2701(a), substituted ‘‘2012’’ for ‘‘2007’’ in introductory provisions. Subsec. (a)(1). Pub. L. 110–246, § 2701(b), inserted ‘‘, including to the maximum extent practicable—’’ after ‘‘part I’’ and added subpars. (A) and (B). Subsec. (a)(3). Pub. L. 110–246, § 2701(c), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The conservation security program under sub- part A of part II, using not more than— ‘‘(A) $1,954,000,000 for the period of fiscal years 2006 through 2010; and ‘‘(B) $5,650,000,000 for the period of fiscal years 2006 through 2015.’’ Subsec. (a)(4). Pub. L. 110–246, § 2701(d), amended par. (4) generally. Prior to amendment, par. (4) read as fol- lows: ‘‘The farmland protection program under subpart B of part II, using, to the maximum extent prac- ticable— ‘‘(A) $50,000,000 in fiscal year 2002; ‘‘(B) $100,000,000 in fiscal year 2003; ‘‘(C) $125,000,000 in each of fiscal years 2004 and 2005; ‘‘(D) $100,000,000 in fiscal year 2006; and ‘‘(E) $97,000,000 in fiscal year 2007.’’ Subsec. (a)(5). Pub. L. 110–246, § 2701(e), amended par. (5) generally. Prior to amendment, par. (5) read as fol- lows: ‘‘The grassland reserve program under subpart C of part II, using, to the maximum extent practicable $254,000,000 for the period of fiscal years 2003 through 2007.’’ Subsec. (a)(6). Pub. L. 110–246, § 2701(f), amended par. (6) generally. Prior to amendment, par. (6) read as fol- lows: ‘‘The environmental quality incentives program under part IV, using, to the maximum extent prac- ticable— ‘‘(A) $400,000,000 in fiscal year 2002; ‘‘(B) $700,000,000 in fiscal year 2003; ‘‘(C) $1,000,000,000 in fiscal year 2004; ‘‘(D) $1,200,000,000 in each of fiscal years 2005 and 2006; ‘‘(E) $1,270,000,000 in each of fiscal years 2007 through 2009; and ‘‘(F) $1,300,000,000 in fiscal year 2010.’’ Subsec. (a)(7)(D). Pub. L. 110–246, § 2701(g), substituted ‘‘2012’’ for ‘‘2007’’. Subsec. (d). Pub. L. 110–246, § 2703(a), designated exist- ing provisions as par. (1), inserted heading, substituted ‘‘$15,000,000’’ for ‘‘$12,000,000’’, and added par. (2). Subsec. (e). Pub. L. 110–246, § 2702, added subsec. (e). Subsec. (f). Pub. L. 110–246, § 2703(b), added subsec. (f). Subsec. (g). Pub. L. 110–246, § 2704, added subsec. (g). Subsec. (h). Pub. L. 110–246, § 2705, added subsec. (h). 2006—Subsec. (a)(3). Pub. L. 109–171, § 1202(b), sub- stituted a dash for ‘‘$6,037,000,000 for the period of fiscal years 2005 through 2014.’’ and added subpars. (A) and (B). Subsec. (a)(6)(E), (F). Pub. L. 109–171, § 1203(c), added subpars. (E) and (F) and struck out former subpar. (E) which read as follows: ‘‘$1,300,000,000 in fiscal year 2007.’’ 2004—Subsec. (a)(3). Pub. L. 108–324 inserted ‘‘, using not more than $6,037,000,000 for the period of fiscal years 2005 through 2014’’ before period at end. Pub. L. 108–199 struck out ‘‘, using not more than $3,773,000,000 for the period of fiscal years 2003 through 2013’’ before period at end. Subsec. (b). Pub. L. 108–498 added subsec. (b) and struck out heading and text of former subsec. (b), which related to availability of certain Commodity Credit Corporation funds under subsec. (a) for the pro- vision of technical assistance for conservation and con- servation security programs. 2003—Subsec. (a)(3). Pub. L. 108–7, § 216(c), inserted ‘‘, using not more than $3,773,000,000 for the period of fiscal years 2003 through 2013’’ before period at end. Subsec. (b). Pub. L. 108–11 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘(1) FEBRUARY 20, 2003, THROUGH SEPTEMBER 30, 2003.— During the period beginning on February 20, 2003, and ending on September 30, 2003, Commodity Credit Cor- poration funds made available under paragraphs (4) through (7) of subsection (a) of this section shall be available for the provision of technical assistance (sub- ject to section 3842 of this title) for the conservation programs specified in subsection (a) of this section. ‘‘(2) SUBSEQUENT FISCAL YEARS.—Effective beginning on October 1, 2003, Commodity Credit Corporation funds made available under paragraphs (3) through (7) of sub- section (a) of this section shall be available for the pro- vision of technical assistance (subject to section 3842 of this title) for the conservation programs specified in subsection (a) of this section.’’ Pub. L. 108–7, § 213(1), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as fol- lows: ‘‘Nothing in this section affects the limit on ex- penditures for technical assistance imposed by section 714i of title 15.’’ Subsecs. (c), (d). Pub. L. 108–7, § 213(2), added subsec. (c) and redesignated former subsec. (c) as (d). 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. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–498, § 1(b), Dec. 23, 2004, 118 Stat. 4020, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect on October 1, 2004.’’ EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–11, title II, § 2106(b), Apr. 16, 2003, 117 Stat. 590, provided that: ‘‘The amendment made by sub- section (a) [amending this section] takes effect on Feb- ruary 20, 2003.’’ § 3842. Delivery of technical assistance (a) Definitions In this section: (1) Eligible participant The term ‘‘eligible participant’’ means a producer, landowner, or entity that is partici- pating in, or seeking to participate in, pro- grams in which the producer, landowner, or entity is otherwise eligible to participate Page 2416 TITLE 16—CONSERVATION § 3842 under this chapter or the agricultural manage- ment assistance program under section 1524(b) of title 7. (2) Third-party provider The term ‘‘third-party provider’’ means a commercial entity (including a farmer cooper- ative, agriculture retailer, or other commer- cial entity (as defined by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Fed- eral agency, that has expertise in the tech- nical aspect of conservation planning, includ- ing nutrient management planning, watershed planning, or environmental engineering. (b) Purpose of technical assistance The purpose of technical assistance authorized by this section is to provide eligible participants with consistent, science-based, site-specific practices designed to achieve conservation ob- jectives on land active in agricultural, forestry, or related uses. (c) Provision of technical assistance The Secretary shall provide technical assist- ance under this chapter to an eligible partici- pant— (1) directly; (2) through an agreement with a third-party provider; or (3) at the option of the eligible participant, through a payment, as determined by the Sec- retary, to the eligible participant for an ap- proved third-party provider, if available. (d) Non-Federal assistance The Secretary may request the services of, and enter into cooperative agreements or con- tracts with, other agencies within the Depart- ment or non-Federal entities to assist the Sec- retary in providing technical assistance nec- essary to assist in implementing conservation programs under this chapter. (e) Certification of third-party providers (1) Purpose The purpose of the third-party provider pro- gram is to increase the availability and range of technical expertise available to eligible par- ticipants to plan and implement conservation measures. (2) Regulations Not later than 180 days after the date of the enactment of the Food, Conservation, and En- ergy Act of 2008, the Secretary shall promul- gate such regulations as are necessary to carry out this section. (3) Expertise In promulgating such regulations, the Sec- retary, to the maximum extent practicable, shall— (A) ensure that persons with expertise in the technical aspects of conservation plan- ning, watershed planning, and environ- mental engineering, including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies, are eligible to become approved providers of the technical assistance; (B) provide national criteria for the cer- tification of third-party providers; and (C) approve any unique certification stand- ards established at the State level. (4) Certification process The Secretary shall certify a third-party provider through— (A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; or (B) a non-Federal entity approved by the Secretary to perform the certification. (5) Streamlined certification The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certifi- cation, including a sustainability certifi- cation. (f) Administration (1) Funding Effective for fiscal year 2008 and each subse- quent fiscal year, funds of the Commodity Credit Corporation made available to carry out technical assistance for each of the pro- grams specified in section 3841 of this title shall be available for the provision of tech- nical assistance from third-party providers under this section. (2) Term of agreement An agreement with a third-party provider under this section shall have a term that— (A) at a minimum, is equal to the period beginning on the date on which the agree- ment is entered into and ending on the date that is 1 year after the date on which all ac- tivities performed pursuant to the agree- ment have been completed; (B) does not exceed 3 years; and (C) can be renewed, as determined by the Secretary. (3) Review of certification requirements Not later than 1 year after the date of enact- ment of the Food, Conservation, and Energy Act of 2008, the Secretary shall— (A) review certification requirements for third-party providers; and (B) make any adjustments considered nec- essary by the Secretary to improve partici- pation. (4) Eligible activities (A) Inclusion of activities The Secretary may include as activities el- igible for payments to a third-party pro- vider— (i) technical services provided directly to eligible participants, such as conservation planning, education and outreach, and as- sistance with design and implementation of conservation practices; and (ii) related technical assistance services that accelerate conservation program de- livery. (B) Exclusions The Secretary shall not designate as an ac- tivity eligible for payments to a third-party provider any service that is provided by a business, or equivalent, in connection with Page 2417 TITLE 16—CONSERVATION § 3842 conducting business and that is customarily provided at no cost. (5) Payment amounts The Secretary shall establish fair and rea- sonable amounts of payments for technical services provided by third-party providers. (g) Availability of technical services (1) In general In carrying out the programs under this chapter and the agricultural management as- sistance program under section 1524 of title 7, the Secretary shall make technical services available to all eligible participants who are installing an eligible practice. (2) Technical service contracts In any case in which financial assistance is not provided under a program referred to in paragraph (1), the Secretary may enter into a technical service contract with the eligible participant for the purposes of assisting in the planning, design, or installation of an eligible practice. (h) Review of conservation practice standards (1) Review required The Secretary shall— (A) not later than 1 year after December 20, 2018, complete a review of each conserva- tion practice standard, including engineer- ing design specifications, in effect on the day before December 20, 2018; (B) ensure, to the maximum extent prac- ticable, the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs, including spe- cialty crops, native and managed polli- nators, bioenergy crop production, forestry, and such other needs as are determined by the Secretary; (C) ensure that the standards provide for the optimal balance between meeting site- specific conservation needs and minimizing risks of design failure and associated costs of construction and installation; and (D) evaluate opportunities to increase flexibility in conservation practice stand- ards in a manner that ensures equivalent natural resource benefits. (2) Consultation In conducting the review under paragraph (1), the Secretary shall consult with eligible participants, State technical committees es- tablished under section 3861(a) of this title, crop consultants, cooperative extension and land grant universities, nongovernmental or- ganizations, and other qualified entities. (3) Expedited revision of standards Not later than 1 year after December 20, 2018, the Secretary shall develop for the pro- grams under this chapter an administrative process for— (A) expediting the establishment and revi- sion of conservation practice standards; (B) considering conservation innovations and scientific and technological advance- ments with respect to any establishment or revision under subparagraph (A); (C) allowing local flexibility in the cre- ation of— (i) interim practice standards and sup- plements to existing practice standards to address the considerations described in subparagraph (B); and (ii) partnership-led proposals for new and innovative techniques to facilitate imple- menting agreements and grants under this title; and (D) soliciting regular input from State technical committees established under sec- tion 3861(a) of this title for recommenda- tions that identify innovations or advance- ments described in subparagraph (B). (4) Report Not later than 2 years after December 20, 2018, and every 2 years thereafter, the Sec- retary shall submit to Congress a report on— (A) the administrative process developed under paragraph (3); (B) conservation practice standards that were established or revised under that proc- ess; and (C) conservation innovations that were considered under that process. (i) Addressing concerns of specialty crop, or- ganic, and precision agriculture producers (1) In general The Secretary shall— (A) to the maximum extent practicable, fully incorporate specialty crop production, organic crop production, and precision agri- culture into the conservation practice stand- ards; and (B) provide for the appropriate range of conservation practices and resource mitiga- tion measures available to producers in- volved with organic or specialty crop pro- duction or precision agriculture. (2) Availability of adequate technical assist- ance (A) In general The Secretary shall ensure that adequate technical assistance is available for the im- plementation of conservation practices by producers involved with organic, specialty crop production, or precision agriculture through Federal conservation programs. (B) Requirements In carrying out subparagraph (A), the Sec- retary shall develop— (i) programs that meet specific needs of producers involved with organic, specialty crop production or precision agriculture through cooperative agreements with other agencies and nongovernmental orga- nizations; and (ii) program specifications that allow for innovative approaches to engage local re- sources in providing technical assistance for planning and implementation of con- servation practices. (Pub. L. 99–198, title XII, § 1242, as added Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 279; amended Pub. L. 110–234, title II, § 2706, May 22, 2008, 122 Stat. 1074; Pub. L. 110–246, § 4(a), title II, 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.’’