In this subpart:
Agricultural operation
The term “agricultural operation” means all eligible land, whether or not contiguous, that is—
under the effective control of a producer at the time the producer enters into a contract under the program; and
operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary.
Conservation activities
In general
The term “conservation activities” means conservation systems, practices, or management measures.
Inclusions
The term “conservation activities” includes—
structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary;
planning needed to address a priority resource concern;
section 3839aa–24(e)(1) of this title development of a comprehensive conservation plan, as defined in ;
soil health planning, including planning to increase soil organic matter; and
activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility.
Conservation stewardship plan
The term “conservation stewardship plan” means a plan that—
identifies and inventories priority resource concerns;
establishes benchmark data and conservation objectives;
describes conservation activities to be implemented, managed, or improved; and
includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities.
Eligible land
In general
The term “eligible land” means—
private or tribal land on which agricultural commodities, livestock, or forest-related products are produced; and
lands associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program.
Inclusions
The term “eligible land” includes—
cropland;
grassland;
rangeland;
pasture land;
nonindustrial private forest land; and
other land in agricultural areas (including cropped woodland, marshes, and agricultural land used or capable of being used for the production of livestock), as determined by the Secretary.
Priority resource concern
The term “priority resource concern” means a natural resource concern or problem, as determined by the Secretary, that—
is identified at the national, State, or local level as a priority for a particular area of a State;
represents a significant concern in a State or region; and
is likely to be addressed successfully through the implementation of conservation activities under this program.
Program
The term “program” means the conservation stewardship program established by this subpart.
Stewardship threshold
The term “stewardship threshold” means the level of management required, as determined by the Secretary, to conserve and improve the quality and condition of a natural resource through the use of—
quality criteria under a resource management system;
predictive analytics tools or models developed or approved by the Natural Resources Conservation Service;
data from past and current enrollment in the program; and
other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.
Pub. L. 99–198, title XII, § 1240IPub. L. 110–234, title II, § 2301(a)(2)122 Stat. 1040Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title II, § 2101(a)128 Stat. 721Pub. L. 115–334, title II132 Stat. 4551(, formerly § 1238D, as added , , , and , title II, § 2301(a)(2), , , 1768; amended , , ; renumbered § 1240I and amended , §§ 2301(b), 2308(a), , , 4564.)
Editorial Notes
Codification
section 3838d of this titlePub. L. 115–334Section was formerly classified to prior to renumbering by .
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .
Amendments
Pub. L. 115–334, § 2308(a)(1)2018—Par. (2)(B)(iii)–(v). , added cls. (iii) to (v).
Pub. L. 115–334, § 2308(a)(2)Par. (7). , substituted “resource through the use of—” and subpars. (A) to (D) for “resource.”
Pub. L. 113–792014— amended section generally. Prior to amendment, section defined terms for this subpart.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Enactment of this subpart and repeal of by effective , the date of enactment of , see , set out as a note under , Agriculture.
Pub. L. 115–334Effect on Existing Contracts by
Pub. L. 115–334, title II, § 2301(c)(3)132 Stat. 4552
Transitional provisions.—
Effect on existing contracts and agreements .—
section 3838d of this titleThe cessation of effectiveness under paragraph (2) [enacting provisions set out as a note under former ] shall not affect—
16 U.S.C. 3838d the validity or terms of any contract entered into by the Secretary [of Agriculture] under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( et seq.) before the date of enactment of this Act [], or any payments, modifications, or technical assistance required to be made in connection with the contract; or
16 U.S.C. 387116 U.S.C. 3838d subject to subparagraph (D), any agreement entered into by the Secretary under the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 ( et seq.) on or before , under which conservation stewardship program acres and associated funding have been allocated to the agreement for the purpose of entering into a contract under subchapter B of chapter 2 of subtitle D of title XII of that Act ( et seq.) (as in effect on the day before the date of enactment of this Act).
Extension permitted .—
16 U.S.C. 3838dNotwithstanding paragraph (2), the Secretary may extend for 1 year a contract described in subparagraph (A)(i) if that contract expires on or before , under the terms and payment rate of the existing contract and in accordance with subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( et seq.) (as in effect on the day before the date of enactment of this Act).
Renewal not permitted.—
In general .—
Notwithstanding subparagraph (A), and subject to clause (ii), the Secretary may not renew a contract or agreement described in that subparagraph.
Exception .—
The Secretary may renew a contract described in subparagraph (A)(i)—
if that contract expires on or after ;
16 U.S.C. 3839aa–21 under the terms of the conservation stewardship program under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ et seq.] (as added by subsections (a)(2) and (b)); and
16 U.S.C. 3841 subject to the limitation on funding for that subchapter under section 1241 of the Food Security Act of 1985 ().
RCPP contracts.—
Treatment of acreage .—
In the case of an agreement described in subparagraph (A)(ii), the Secretary may provide an amount of funding that is equivalent to the value of any acres covered by the agreement.
Funds and acres not obligated .—
16 U.S.C. 3838dIn the case of an agreement described in subparagraph (A)(ii) to which program acres and associated funding have been allocated but not yet obligated to enter into a contract under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( et seq.) (as in effect on the day before the date of enactment of this Act)—
16 U.S.C. 3839aa–21 the Secretary shall modify the agreement to authorize the entrance into a contract under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ et seq.] (as added by subsections (a)(2) and (b)); and
16 U.S.C. 3839aa–21 the funds associated with the conservation stewardship program acres allocated under that agreement, on modification under subclause (I), may be used to enter into conservation stewardship program contracts with producers under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ et seq.] (as added by subsections (a)(2) and (b)).
Contract administration .—
16 U.S.C. 3838dSubject to paragraphs (3)(C) and (3)(D)(ii)(II), the Secretary shall administer each contract and agreement described in clauses (i) and (ii) of paragraph (3)(A) until the expiration of the contract or agreement in accordance with the regulations to carry out the conservation stewardship program under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( et seq.) (as in effect on the day before the date of enactment of this Act) that are in effect on the day before that date of enactment.
Funding .—
16 U.S.C. 3841(a)(4)Notwithstanding paragraphs (1) and (2), any funds made available from the Commodity Credit Corporation under section 1241(a)(4) of the Food Security Act of 1985 () for fiscal years 2014 through 2018 shall be available to carry out—
any contract or agreement described in paragraph (3)(A)(i) for fiscal year 2019;
any contract or agreement described in paragraph (3)(A)(ii);
any contract extended under paragraph (3)(B); and
16 U.S.C. 3839aa–21 any contract or agreement under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ et seq.] (as added by subsections (a)(2) and (b)).”
Pub. L. 113–79Effect on Existing Contracts by
Pub. L. 113–79, title II, § 2101(b)128 Stat. 728
In general .—
16 U.S.C. 3838dThe amendment made by this section [amending sections 3838d to 3838g of this title] shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] et seq.) before the date of enactment of the Agricultural Act of 2014 [], or any payments required to be made in connection with the contract.
Conservation stewardship program .—
16 U.S.C. 3841(a)(4)section 2601(a) of this titleFunds made available under section 1241(a)(4) of the Food Security Act of 1985 () (as amended by ) may be used to administer and make payments to program participants that enrolled into contracts during any of fiscal years 2009 through 2013.”