16 USC 3835 - Contracts

1 See References in Text note below.

of title 7), or a socially disadvantaged farmer or rancher (in this subsection referred to as a “covered farmer or rancher”), the Secretary shall—

Editorial Notes

References in Text

Section 2279(e) of title 7, referred to in subsec. (f)(1), 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 subsecs. (f)(1)(A)(ii) and (g)(2), 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.

Codification

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 L. 110–234 were repealed by section 4(a) of Puspan.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.

Prior Provisions

A prior section 3835, Puspan. L. 99–198, title XII, § 1235, Dec. 23, 1985, 99 Stat. 1513; Puspan. L. 100–233, title VIII, § 801, Jan. 6, 1988, 101 Stat. 1710; Puspan. L. 101–624, title XIV, § 1447(a), Nov. 28, 1990, 104 Stat. 3605; Puspan. L. 104–127, title III, § 332(c), Apr. 4, 1996, 110 Stat. 994, related to contracts, prior to the general amendment of this subpart by Puspan. L. 107–171.

Amendments

2018—Subsec. (f)(1). Puspan. L. 115–334, § 2208(a)(1)(A), substituted “contract holder” for “retired farmer or rancher” in introductory provisions.

Subsec. (f)(1)(A). Puspan. L. 115–334, § 2208(a)(1)(C), substituted “2 years” for “1 year” in introductory provisions.

Subsec. (f)(1)(A)(i). Puspan. L. 115–334, § 2208(a)(1)(B), substituted “contract holder” for “retired or retiring owner or operator”.

Subsec. (f)(1)(B). Puspan. L. 115–334, § 2208(a)(1)(B), (D), substituted “contract holder” for “retired or retiring owner or operator” and inserted “, including a lease with a term of less than 5 years and an option to purchase” after “lease with an option to purchase”.

Subsec. (f)(1)(E). Puspan. L. 115–334, § 2208(a)(1)(E), (G), added subpar. (E). Former subpar. (E) redesignated (F).

Puspan. L. 115–334, § 2208(a)(1)(B), substituted “contract holder” for “retired or retiring owner or operator” in two places.

Subsec. (f)(1)(F). Puspan. L. 115–334, § 2208(a)(1)(F), redesignated subpar. (E) as (F).

Subsec. (f)(2). Puspan. L. 115–334, § 2208(a)(2)(A), substituted “To the extent that the maximum number of acres permitted to be enrolled under the conservation reserve program has not been met, the Secretary” for “The Secretary” in introductory provisions.

Subsec. (f)(2)(A). Puspan. L. 115–334, § 2208(a)(2)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “is eligible for enrollment under the continuous signup option pursuant to section 3834(d)(2)(A)(ii) of this title; and”.

Subsec. (g). Puspan. L. 115–334, § 2208(span), amended subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if—

“(1) during the year prior to expiration of the contract, the land is enrolled in the conservation stewardship program; and

“(2) the activity required under the conservation stewardship program pursuant to such enrollment is consistent with this subpart.”

2014—Subsec. (e)(1)(A). Puspan. L. 113–79, § 2006(a)(1), substituted “During fiscal year 2015, the Secretary” for “The Secretary” and struck out “before January 1, 1995,” after “under this subpart”.

Subsec. (e)(2)(C) to (J). Puspan. L. 113–79, § 2006(a)(2), added subpars. (C) to (J) and struck out former subpar. (C) which read as follows: “Other land of high environmental value (including wetland), as determined by the Secretary.”

Subsec. (e)(3). Puspan. L. 113–79, § 2006(a)(3), substituted “upon approval by the Secretary” for “60 days after the date on which the owner or operator submits the notice required under paragraph (1)(C)”.

Subsec. (f)(1). Puspan. L. 113–79, § 2006(span)(1)(A), substituted “Transition to covered farmer or rancher” for “Duties of the Secretary” in heading and, in introductory provisions, substituted “In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a retired farmer or rancher to a beginning farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) of title 7), or a” for “In the case of a contract modification approved in order to facilitate the transfer, as described in subsection (c)(1)(B)(iii), of land to a beginning farmer or rancher or”.

Subsec. (f)(1)(A)(i). Puspan. L. 113–79, § 2006(span)(1)(B), inserted “, including preparing to plant an agricultural crop” after “improvements”.

Subsec. (f)(1)(D). Puspan. L. 113–79, § 2006(span)(1)(C), substituted “the covered farmer or rancher” for “the farmer or rancher”.

Subsec. (f)(1)(E). Puspan. L. 113–79, § 2006(span)(1)(D), substituted “section 1308” for “section 1308–1(span)(3)(B)”.

Subsec. (f)(2)(A). Puspan. L. 113–79, § 2006(span)(2), substituted “option pursuant to section 3834(d)(2)(A)(ii)” for “requirement of section 3831(h)(4)(B)”.

Subsecs. (g), (h). Puspan. L. 113–79, § 2006(c), added subsecs. (g) and (h).

2008—Subsec. (c)(1)(B)(iii), (iv). Puspan. L. 110–246, § 2111(a), added cl. (iii) and redesignated former cl. (iii) as (iv).

Subsec. (f). Puspan. L. 110–246, § 2111(span), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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.

Conservation Reserve

Puspan. L. 100–45, § 10, May 27, 1987, 101 Stat. 323, provided that:

“Section 1235(a) of the Food Security Act of 1985 [16 U.S.C. 3835(a)] should be reviewed by the Secretary of Agriculture to ensure that the provisions thereof relating to exceptions to the three-year ownership requirement with respect to eligibility for the conservation reserve are being implemented in a manner to encourage inclusion of producer-owned land in the conservation reserve. However, any such exception to the three-year requirement should be made only if the Secretary determines that the land involved (1) was not acquired for the purpose of placing the land in the conservation reserve or (2) otherwise meets the criteria for exceptions made under section 1235(a).”