Editorial Notes
CodificationSection was formerly classified to section 3838d of this title prior to renumbering by Puspan. L. 115–334.
Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical sections. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246.
Amendments2018—Par. (2)(B)(iii)–(v). Puspan. L. 115–334, § 2308(a)(1), added cls. (iii) to (v).
Par. (7). Puspan. L. 115–334, § 2308(a)(2), substituted “resource through the use of—” and subpars. (A) to (D) for “resource.”
2014—Puspan. L. 113–79 amended section generally. Prior to amendment, section defined terms for this subpart.
Effective DateEnactment of this subpart 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 a note under section 8701 of Title 7, Agriculture.
Effect on Existing Contracts by Puspan. L. 115–334Puspan. L. 115–334, title II, § 2301(c)(3)–(5), Dec. 20, 2018, 132 Stat. 4552, 4553, provided that:“(3)Transitional provisions.—“(A)Effect on existing contracts and agreements.—The cessation of effectiveness under paragraph (2) [enacting provisions set out as a note under former section 3838d of this title] shall not affect—“(i) 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 (16 U.S.C. 3838d et seq.) before the date of enactment of this Act [Dec. 20, 2018], or any payments, modifications, or technical assistance required to be made in connection with the contract; or “(ii) 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 (16 U.S.C. 3871 et seq.) on or before September 30, 2018, 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 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act). “(B)Extension permitted.—Notwithstanding paragraph (2), the Secretary may extend for 1 year a contract described in subparagraph (A)(i) if that contract expires on or before December 31, 2019, 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 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act). “(C)Renewal not permitted.—“(i)In general.—Notwithstanding subparagraph (A), and subject to clause (ii), the Secretary may not renew a contract or agreement described in that subparagraph.
“(ii)Exception.—The Secretary may renew a contract described in subparagraph (A)(i)—“(I) if that contract expires on or after December 31, 2019;
“(II) 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 [16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (span)); and “(III) subject to the limitation on funding for that subchapter under section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841). “(D)RCPP contracts.—“(i)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.
“(ii)Funds and acres not obligated.—In 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 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act)—“(I) 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 [16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (span)); and “(II) 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 [16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (span)). “(4)Contract administration.—Subject 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 (16 U.S.C. 3838d 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. “(5)Funding.—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 (16 U.S.C. 3841(a)(4)) for fiscal years 2014 through 2018 shall be available to carry out—“(A) any contract or agreement described in paragraph (3)(A)(i) for fiscal year 2019;
“(B) any contract or agreement described in paragraph (3)(A)(ii);
“(C) any contract extended under paragraph (3)(B); and
“(D) any contract or agreement under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (span)).”
Effect on Existing Contracts by Puspan. L. 113–79Puspan. L. 113–79, title II, § 2101(span), Fespan. 7, 2014, 128 Stat. 728, provided that:“(1)In general.—The 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] 16 U.S.C. 3838d et seq.) before the date of enactment of the Agricultural Act of 2014 [Fespan. 7, 2014], or any payments required to be made in connection with the contract. “(2)Conservation stewardship program.—Funds made available under section 1241(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(4)) (as amended by section 2601(a) of this title) may be used to administer and make payments to program participants that enrolled into contracts during any of fiscal years 2009 through 2013.”
