Section 2279(e) of title 7, referred to in subsec. (d)(4)(A), was redesignated section 2279(a) of title 7 by Puspan. L. 115–334, title XII, § 12301(span)(3), Dec. 20, 2018, 132 Stat. 4951.

The Organic Foods Production Act of 1990, referred to in subsec. (i)(5)(B), is title XXI of Puspan. L. 101–624, Nov. 28, 1990, 104 Stat. 3935, which is classified generally to chapter 94 (§ 6501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of Title 7 and Tables.

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 L. 110–234 were repealed by section 4(a) of Puspan.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

A prior section 3839aa–2, Puspan. L. 99–198, title XII, § 1240B, as added Puspan. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 998, related to establishment and administration of environmental quality incentives program, prior to the general amendment of this part by Puspan. L. 107–171.

2022—Subsec. (a). Puspan. L. 117–169, § 21001(c)(1)(A), substituted “2031” for “2023”.

Subsec. (f)(2)(B). Puspan. L. 117–169, § 21001(c)(1)(B), substituted “2031” for “2023” in heading and text.

2018—Subsec. (a). Puspan. L. 115–334, § 2304(a), substituted “2023” for “2019”.

Puspan. L. 115–123 added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “During each of the 2002 through 2018 fiscal years, the Secretary shall provide payments to producers that enter into contracts with the Secretary under the program.”

Subsec. (d)(4)(B)(i). Puspan. L. 115–334, § 2304(span)(1)(A), substituted “On an election by a producer described in subparagraph (A), the Secretary shall provide at least 50 percent of the amount determined under subparagraph (A) in advance for all costs related to purchasing materials or contracting” for “Not more than 50 percent of the amount determined under subparagraph (A) may be provided in advance for the purpose of purchasing materials or contracting”.

Subsec. (d)(4)(B)(iii). Puspan. L. 115–334, § 2304(span)(1)(B), added cl. (iii).

Subsec. (d)(7). Puspan. L. 115–334, § 2304(span)(2), added par. (7).

Subsec. (f)(1). Puspan. L. 115–334, § 2304(c)(1), substituted “2019 through 2023” for “2014 through 2018”, “50 percent” for “60 percent”, and “production, including grazing management practices” for “production”.

Subsec. (f)(2). Puspan. L. 115–334, § 2304(c)(2), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (g)(3), (4). Puspan. L. 115–334, § 2304(d), added pars. (3) and (4).

Subsec. (h)(1). Puspan. L. 115–334, § 2304(e)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary may provide payments under this subsection to a producer for a water conservation or irrigation practice.”

Subsec. (h)(2). Puspan. L. 115–334, § 2304(e)(3), added par. (2). Former par. (2) redesignated (3).

Subsec. (h)(3). Puspan. L. 115–334, § 2304(e)(2), (4)(A), redesignated par. (2) as (3) and substituted “payments under this subsection” for “payments to a producer” in introductory provisions.

Subsec. (h)(3)(A). Puspan. L. 115–334, § 2304(e)(4)(B), substituted “State in which the land on which the practices will be implemented is located, there is a reduction in water use in the operation on that land” for “State in which the eligible land of the producer is located, there is a reduction in water use in the operation of the producer”.

Subsec. (h)(3)(B). Puspan. L. 115–334, § 2304(e)(4)(C), inserted “except in the case of an application under paragraph (2),” before “the producer agrees”.

Subsec. (h)(4). Puspan. L. 115–334, § 2304(e)(5), added par. (4).

Subsec. (i)(2)(B). Puspan. L. 115–334, § 2301(d)(1)(F), substituted “this subpart” for “this part”.

Subsec. (i)(3). Puspan. L. 115–334, § 2304(f), designated first and second sentences as subpars. (A) and (B), respectively, and inserted headings; in subpar. (A), substituted “aggregate—” for “aggregate, $20,000 per year or $80,000 during any 6-year period.” and added cls. (i) and (ii); and, in subpar. (B), substituted “In applying the limitations under subparagraph (A)” for “In applying these limitations”.

Subsec. (j). Puspan. L. 115–334, § 2304(g), added subsec. (j).

2014—Subsec. (a). Puspan. L. 113–79, § 2203(1), which directed substitution of “2018” for “2014”, was executed by making the substitution for “2015” to reflect the probable intent of Congress and the intervening amendment by Puspan. L. 113–76. See below.

Puspan. L. 113–76 substituted “2015” for “2014”.

Subsec. (span)(2). Puspan. L. 113–79, § 2203(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “A contract under the program shall have a term that—

“(A) at a minimum, is equal to the period beginning on the date on which the contract is entered into and ending on the date that is one year after the date on which all practices under the contract have been implemented; but

“(B) not to exceed 10 years.”

Subsec. (d)(3)(A) to (G). Puspan. L. 113–79, § 2203(3)(A), added subpars. (A) to (G) and struck out former subpars. (A) to (G) which read as follows:

“(A) residue management;

“(B) nutrient management;

“(C) air quality management;

“(D) invasive species management;

“(E) pollinator habitat;

“(F) animal carcass management technology; or

“(G) pest management.”

Subsec. (d)(4)(A). Puspan. L. 113–79, § 2203(3)(B)(i), in introductory provisions, inserted “, a veteran farmer or rancher (as defined in section 2279(e) of title 7),” before “or a beginning farmer or rancher”.

Subsec. (d)(4)(B). Puspan. L. 113–79, § 2203(3)(B)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “Not more than 30 percent of the amount determined under subparagraph (A) may be provided in advance for the purpose of purchasing materials or contracting.”

Subsec. (f). Puspan. L. 113–79, § 2203(4), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “For each of fiscal years 2002 through 2012, 60 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production.”

Subsec. (g). Puspan. L. 113–79, § 2203(5), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “The Secretary may enter into alternative funding arrangements with federally recognized Native American Indian Tribes and Alaska Native Corporations (including their affiliated membership organizations) if the Secretary determines that the goals and objectives of the program will be met by such arrangements, and that statutory limitations regarding contracts with individual producers will not be exceeded by any Tribal or Native Corporation member.”

2011—Subsec. (a). Puspan. L. 112–55 substituted “2014” for “2012”.

2008—Puspan. L. 110–246, § 2503, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (h) relating to provision of cost-share payments and incentive payments, application and term of a contract, bidding down, payment amounts, incentive payments, modification or termination of contracts, allocation of funding for fiscal years 2002 through 2007, and funding for federally recognized Native American Indian Tribes and Alaska Native Corporations.

2006—Subsec. (a)(1). Puspan. L. 109–171 substituted “2010” for “2007”.

2004—Subsec. (h). Puspan. L. 108–447 added subsec. (h).

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