16 U.S.C. § 3839aa–3 | Evaluation of applications

(a)

Evaluation criteria

The Secretary shall develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed.

(b)

Prioritization of applications

In evaluating applications under this subpart, the Secretary shall prioritize applications—

(1)

based on their overall level of cost-effectiveness to ensure that the conservation practices and approaches proposed are the most efficient means of achieving the anticipated conservation benefits of the project;

(2)

based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;

(3)

that best fulfill the purposes of the program; and

(4)

that improve conservation practices or systems in place on the operation at the time the contract offer is accepted or that will complete a conservation system.

(c)

Grouping of applications

To the greatest extent practicable, the Secretary shall group applications of similar crop or livestock operations for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations.

Pub. L. 99–198, title XII, § 1240C Pub. L. 107–171, title II, § 2301May 13, 2002116 Stat. 256 Pub. L. 110–234, title II, § 2504May 22, 2008122 Stat. 1062 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 113–79, title II, § 2204Feb. 7, 2014128 Stat. 730 Pub. L. 115–334, title II, § 2301(d)(1)(G)Dec. 20, 2018132 Stat. 4554(, as added , , ; amended , , ; , title II, § 2504, , , 1790; , , ; , , .)

Editorial Notes

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Prior Provisions

Pub. L. 99–198, title XII, § 1240C Pub. L. 104–127, title III, § 334Apr. 4, 1996110 Stat. 1000 Pub. L. 107–171A prior section 3839aa–3, , as added , , , related to evaluation of offers and payments, prior to the general amendment of this part by .

Amendments

Pub. L. 115–3342018—Subsec. (b). substituted “this subpart” for “this part” in introductory provisions.

Pub. L. 113–79, § 2204(1)2014—Subsec. (b)(1). , substituted “conservation” for “environmental” before “benefits”.

Pub. L. 113–79, § 2204(2)section 3839aa(1) of this titleSubsec. (b)(3). , substituted “purposes of the program” for “purpose of the environmental quality incentives program specified in ” before semicolon.

Pub. L. 110–246, § 25042008—, amended section generally. Prior to amendment, text read as follows: “In evaluating applications for cost-share payments and incentive payments, the Secretary shall accord a higher priority to assistance and payments that—

“(1) encourage the use by producers of cost-effective conservation practices; and

“(2) address national conservation priorities.”

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under , Agriculture.