The Organic Foods Production Act of 1990, referred to in subsec. (h)(1), 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.

Section was formerly classified to section 3838g 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 L. 110–234 was repealed by section 4(a) of Puspan.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.

2022—Subsec. (h)(2)(A). Puspan. L. 117–169 substituted “2031” for “2023”.

2018—Subsec. (span). Puspan. L. 115–334, § 2308(d)(1), substituted “allocate funding” for “allocate acres” in introductory provisions.

Subsec. (c). Puspan. L. 115–334, § 2308(d)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “During the period beginning on February 7, 2014, and ending on September 30, 2022, the Secretary shall, to the maximum extent practicable—

“(1) enroll in the program an additional 10,000,000 acres for each fiscal year; and

“(2) manage the program to achieve a national average rate of $18 per acre, which shall include the costs of all financial assistance, technical assistance, and any other expenses associated with enrollment or participation in the program.”

Subsec. (c)(5). Puspan. L. 115–334, § 2308(d)(4), added par. (5).

Subsec. (d). Puspan. L. 115–334, § 2308(d)(3), (5)(A), redesignated subsec. (e) as (d) and inserted “and advanced grazing management” after “crop rotations” in heading. Former subsec. (d) redesignated (c).

Subsec. (d)(1). Puspan. L. 115–334, § 2308(d)(5)(D), inserted par. designation, heading, and introductory provisions, added subpars. (A) and (B), designated existing provisions of par. (1) as subpar. (C), and, in subpar. (C), substituted “The term” for “In this subsection, the term”, redesignated former subpars. (A) to (D) and (E) of par. (1) as cls. (i) to (iv) and (vi), respectively, realigned margins, and added cl. (v).

Puspan. L. 115–334, § 2308(d)(5)(C), redesignated par. (4) as (1). Former par. (1) redesignated (2).

Subsec. (d)(2). Puspan. L. 115–334, § 2308(d)(5)(C), (E), redesignated par. (1) as (2), substituted “agree to adopt or improve, manage, and maintain—” for “agree to adopt or improve resource-conserving crop rotations to achieve beneficial crop rotations as appropriate for the eligible land of the producers.”, and added subpars. (A) and (B).

Puspan. L. 115–334, § 2308(d)(5)(B), struck out par. (2). Text read as follows: “The Secretary shall determine whether a resource-conserving crop rotation is a beneficial crop rotation eligible for additional payments under paragraph (1) based on whether the resource-conserving crop rotation is designed to provide natural resource conservation and production benefits.”

Subsec. (d)(3). Puspan. L. 115–334, § 2308(d)(5)(F), substituted “paragraph (2)” for “paragraph (1)” and “agree to adopt or improve, manage, and maintain resource-conserving crop rotations or advanced grazing management for the term of the contract” for “agree to adopt and maintain beneficial resource-conserving crop rotations for the term of the contract”.

Subsec. (d)(4). Puspan. L. 115–334, § 2308(d)(5)(G), added par. (4). Former par. (4) redesignated (1).

Subsec. (e). Puspan. L. 115–334, § 2308(d)(6), added subsec. (e). Former subsec. (e) redesignated (d).

Subsec. (f). Puspan. L. 115–334, § 2308(d)(7), substituted “2019 through 2023” for “2014 through 2018”.

Subsec. (h). Puspan. L. 115–334, § 2308(d)(8), substituted “Organic certification” for “Coordination with organic certification” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2).

Subsecs. (j) to (l). Puspan. L. 115–334, § 2308(d)(9), added subsecs. (j) to (l).

2014—Puspan. L. 113–79 amended section generally. Prior to amendment, section related to duties of the Secretary.