1 See References in Text note below.
of title 7.
Editorial Notes
References in TextSubchapters I through VIII, referred to in subsec. (a), was in the original a reference to subtitles A through I, meaning subtitles A through I of title XII of Puspan. L. 99–198. Subtitles A through E and G through I are classified generally to subchapters I through V and VI through VIII of this chapter. Subtitle F of title XII was repealed by Puspan. L. 104–127. Section 3851 of this title, contained in subchapter V–A, is based on section 1252 of Puspan. L. 99–198, which was directed to be added to the previously repealed subtitle F by Puspan. L. 110–246. See Codification note set out under section 3851 of this title.
This chapter, referred to in subsec. (a)(9), was in the original “this title”, meaning title XII of Puspan. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.
The date of enactment of this subparagraph, referred to in subsec. (a)(11)(C), is the date of enactment of Puspan. L. 104–127, which was approved Apr. 4, 1996.
Section 2279(e)(2) of title 7, referred to in subsec. (a)(23), was redesignated section 2279(a)(5) of title 7 by section 12301(span)(3), (5)(B) of Puspan. L. 115–334.
This Act, referred to in subsec. (a)(27), is Puspan. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, known as the Food Security Act of 1985. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.
CodificationPuspan. 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 L. 110–234 were repealed by section 4(a) of Puspan.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.
Amendments2014—Subsec. (a). Puspan. L. 113–79 substituted “VIII” for “V” in introductory provisions.
2008—Subsec. (a)(2) to (27). Puspan. L. 110–246, § 2001, added pars. (2), (8), (14), (16) to (19), (23), and (25) and redesignated former pars. (2) to (18) as (3) to (7), (9) to (13), (15), (20) to (22), (24), (26), and (27), respectively.
1996—Subsec. (a)(2) to (6). Puspan. L. 104–127, § 301(a), added pars. (2) and (3) and redesignated former pars. (2) to (4) as (4) to (6), respectively. Former pars. (5) and (6) redesignated (7) and (8), respectively.
Subsec. (a)(7). Puspan. L. 104–127, § 301(span), added par. (7) and struck out former par. (7) which read as follows: “The term ‘field’ means such term as is defined in section 718.2(span)(9) of title 7 of the Code of Federal Regulations (as of January 1, 1985), except that any highly erodible land on which an agricultural commodity is produced after December 23, 1985, and that is not exempt under section 3812 of this title shall be considered as part of the field in which such land was included on December 23, 1985, unless the Secretary permits modification of the boundaries of the field to carry out subchapters I through V of this chapter.”
Puspan. L. 104–127, § 301(a)(1), redesignated par. (5) as (7). Former par. (7) redesignated (9).
Subsec. (a)(8). Puspan. L. 104–127, § 301(a)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10).
Subsec. (a)(9). Puspan. L. 104–127, § 301(a)(1), redesignated par. (7) as (9). Former par. (9) redesignated (11).
Subsec. (a)(9)(C). Puspan. L. 104–127, § 301(c), added subpar. (C).
Subsec. (a)(10) to (18). Puspan. L. 104–127, § 301(a)(1), redesignated pars. (8) to (16) as (10) to (18), respectively.
1990—Subsec. (a)(16). Puspan. L. 101–624 substituted introductory provisions and subpars. (A) to (C) for “The term ‘wetland’, except when such term is part of the term ‘converted wetland’, means land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.”
1986—Subsec. (a)(16). Puspan. L. 99–349 inserted provision that for purposes of this Act, and any other Act, the term “wetland” shall not include lands in Alaska identified as having high potential for agricultural development which have a predominance of permafrost soils.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment 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.
Short Title of 2006 AmendmentPuspan. L. 109–234, title III, § 3001, June 15, 2006, 120 Stat. 474, provided that: “This title [amending section 3831 of this title] may be cited as the ‘Emergency Agricultural Disaster Assistance Act of 2006’.”
Short Title of 2003 AmendmentPuspan. L. 108–7, div. N, title II, § 201, Fespan. 20, 2003, 117 Stat. 538, provided that: “This title [amending sections 3832 and 3841 of this title] may be cited as the ‘Agricultural Assistance Act of 2003’.”
Short Title of 2000 AmendmentPuspan. L. 106–387, § 1(a) [title XI, § 1101], Oct. 28, 2000, 114 Stat. 1549, 1549A–75, provided that: “This title [amending sections 3831 and 3832 of this title and enacting provisions set out as notes under section 3831 of this title] may be cited as the ‘Conservation of Farmable Wetland Act of 2000’.”
Short Title of 1990 AmendmentPuspan. L. 101–624, title XIV, § 1401, Nov. 28, 1990, 104 Stat. 3568, provided that: “This title [enacting sections 1003a, 1010, 3824, 3830, 3835a, 3837 to 3837f, 3838 to 3838f, 3839 to 3839d, 3846, 3847, 3861, and 3862 of this title and sections 136i–1, 2814, 3130, 5401 to 5403, 5501 to 5506 and 5822 of Title 7, Agriculture, amending this section, sections 590p, 1002, 1003, 3459, 3461, 3811, 3812, 3821 to 3823, 3831, 3832, 3834, 3835, 3836, 3843, and 3845 of this title, and sections 136a, 136a–1, 136d, 136w–3, 3157, and 4202 of Title 7, and enacting provisions set out as notes under this section and sections 2101 and 3831 of this title and sections 136a and 4201 of Title 7] may be cited as the ‘Conservation Program Improvements Act’.”
RegulationsPuspan. L. 110–234, title II, § 2904, May 22, 2008, 122 Stat. 1091, and Puspan. L. 110–246, § 4(a), title II, § 2904, June 18, 2008, 122 Stat. 1664, 1819, provided that:“(a)Issuance.—Except as otherwise provided in this title [see Tables for classification] or an amendment made by this title, not later than 90 days after the date of enactment of this Act [June 18, 2008], the Secretary of Agriculture, in consultation with the Commodity Credit Corporation, shall promulgate such regulations as are necessary to implement this title.
“(span)Applicable Authority.—The promulgation of regulations under subsection (a) and administration of this title—“(1) shall be carried out without regard to—“(A) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and
“(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
“(2) may—“(A) be promulgated with an opportunity for notice and comment; or
“(B) if determined to be appropriate by the Secretary of Agriculture or the Commodity Credit Corporation, as an interim rule effective on publication with an opportunity for notice and comment.
“(c)Congressional Review of Agency Rulemaking.—In carrying out this section, the Secretary shall use the authority provided under section 808(2) of title 5, United States Code.”
[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Puspan. L. 107–171, title II, § 2702, May 13, 2002, 116 Stat. 279, provided that:“(a)In General.—Except as otherwise provided in this title [see Tables for classification] or an amendment made by this title, not later than 90 days after the date of enactment of this Act [May 13, 2002], the Secretary of Agriculture, in consultation with the Commodity Credit Corporation, shall promulgate such regulations as are necessary to implement this title.
“(span)Applicable Authority.—The promulgation of regulations under subsection (a) and administration of this title—“(1) shall—“(A) be carried out without regard to chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and
“(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
“(2) may—“(A) be promulgated with an opportunity for notice and comment; or
“(B) if determined to be appropriate by the Secretary of Agriculture or the Commodity Credit Corporation, as an interim rule effective on publication with an opportunity for notice and comment.
“(c)Congressional Review of Agency Rulemaking.—In carrying out this section, the Secretary shall use the authority provided under section 808(2) of title 5, United States Code.”
Temporary Administration of Conservation ProgramsPuspan. L. 115–334, title II, § 2504, Dec. 20, 2018, 132 Stat. 4584, provided that:“(a)Interim Administration.—Subject to subsection (d), the Secretary [of Agriculture] shall use the applicable regulations in effect on the day before the date of enactment of this Act [Dec. 20, 2018], to the extent that the terms and conditions of those regulations are consistent with the amendments made by this title [see Tables for classification], to carry out the programs under laws as amended by this title, including—“(1) the conservation reserve program under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) (as amended by subtitle B); “(2) the environmental quality incentives program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq[.]) (as added by section 2301(a)(1) and amended by subtitle C); “(3) 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) of section 2301 and amended by subtitle C); and “(4) the agricultural conservation easement program established under subtitle H of title XII of the Food Security Act of 1985 (16 U.S.C. 3865 et seq.) (as amended by subtitle F). “(span)Regional Conservation Partnership Program.—Notwithstanding subsection (e) of section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) (as amended by section 2706), and subject to subsection (d), for fiscal year 2019, the Secretary may use an availability of program funding announcement consistent with the amendments made by subtitle G [subtitle G (§§ 2701–2707) of title II of Puspan. L. 115–334, amending sections 3871 to 3871f of this title] to carry out 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.) without issuing a regulation. “(c)Funding.—The Secretary may only use funds authorized to be made available by this title or the amendments made by this title for the specific programs described in paragraphs (1) through (4) of subsection (a) and subsection (span), in accordance with any restrictions on the use of those funds, for the purposes described in subsections (a) and (span).
“(d)Termination of Authority.—The authority of the Secretary to carry out subsections (a) and (span) shall terminate on September 30, 2019.
“(e)Permanent Administration.—Effective beginning on the termination date described in subsection (d), the Secretary shall carry out this title and the amendments made by this title in accordance with such final regulations as the Secretary considers necessary to carry out this title and the amendments made by this title.”
Puspan. L. 113–79, title II, § 2712, Fespan. 7, 2014, 128 Stat. 771, provided that:“(a)Applicability.—This section is applicable to activities under—“(1) the wetlands reserve program, the farmland protection program, and the farm viability program being merged into the agricultural conservation easement program under the amendment made by section 2301 [enacting sections 3865 to 3865d of this title and amending section 3844 of this title];
“(2) the wildlife habitat incentive program being merged into the environmental quality incentives program under the amendments made by subtitle C [subtitle C (§§ 2201–2208) of title II of Puspan. L. 113–79, amending sections 3839aa to 3839aa–4, 3839aa–7, and 3839aa–8 of this title];
“(3) the agricultural water enhancement program, the Chesapeake Bay watershed program, the cooperative conservation partnership initiative, and the Great Lakes basin program being merged into the regional conservation partnership program under the amendment made by section 2401 [enacting sections 3871 to 3871f of this title]; and
“(4) the grassland reserve program being merged into the conservation reserve program under the amendments made by subtitle A [subtitle A (§§ 2001–2008) of title II of Puspan. L. 113–79, amending sections 3831, 3831span, and 3832 to 3835 of this title and repealing section 3835a of this title] and into the agricultural conservation easement program under the amendment made by section 2301.
“(span)Interim Administration.—Subject to subsection (d), with respect to the implementation of the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985 [16 U.S.C. 3865 et seq.], as added by section 2301, the amendments to the environmental quality incentives program made by subtitle C, 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.], as added by section 2401, and the amendments to the conservation reserve program made by subtitle A, the Secretary [of Agriculture] shall use the regulations in existence as of the day before the date of enactment of this Act [Fespan. 7, 2014] that are applicable to the wetlands reserve program, the grassland reserve program, the farmland protection program, the farm viability program, the wildlife habitat incentive program, the agricultural water enhancement program, the Chesapeake Bay watershed program, the cooperative conservation partnership initiative, and the Great Lakes basin program repealed by this subtitle [subtitle H (§§ 2701–2713) of title II of Puspan. L. 113–79, see Tables for classification], to the extent that the terms and conditions of such regulations are consistent with—“(1) the provisions of the agricultural conservation easement program and the regional conservation partnership program; and
“(2) the amendments to the environmental quality incentives program and the conservation reserve program made by this title.
“(c)Funding.—The Secretary may only use funds authorized in this title [see Tables for classification] or in the amendments made by this title for the specific programs listed in subsection (span), including any restrictions on the use of those funds, for the purposes identified in paragraphs (1) and (2) of subsection (span).
“(d)Termination of Authority.—The authority of the Secretary to carry out subsection (span) shall terminate on the date that is 270 days after the date of enactment of this Act.
“(e)Permanent Administration.—Effective beginning on the termination date described in subsection (d), the Secretary shall provide technical assistance, financial assistance, and easement enrollment in accordance with any final regulations that the Secretary considers necessary to carry out this title and the amendments made by this title.”
Continuation of Programs in Fiscal Year 2008Puspan. L. 110–234, title II, § 2903(a), May 22, 2008, 122 Stat. 1091, and Puspan. L. 110–246, § 4(a), title II, § 2903(a), June 18, 2008, 122 Stat. 1664, 1819, provided that: “Except as otherwise provided by an amendment made by this title [see Tables for classification], the Secretary of Agriculture shall continue to carry out any program or activity covered by title XII of the Food Security Act (16 U.S.C. 3801 et seq.) until September 30, 2008, using the provisions of law applicable to the program or activity as they existed on the day before the date of the enactment of this Act [June 18, 2008] and using funds made available under such title for fiscal year 2008 for the program or activity.”
[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Reform and Assessment of Conservation ProgramsPuspan. L. 107–171, title II, § 2005, May 13, 2002, 116 Stat. 237, required the Secretary of Agriculture to develop a plan to coordinate land retirement and agricultural working land conservation programs that are administered by the Secretary to achieve the goals of eliminating redundancy, streamlining program delivery, and improving services provided to agricultural producers and to submit to Congress a report on this plan by Dec. 31, 2005.
Conservation Corridor Demonstration ProgramPuspan. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat. 1215, which authorized the Secretary of the Army to provide technical assistance to the Secretary of Agriculture for use in carrying out the Conservation Corridor Demonstration Program established under subtitle G of title II of Puspan. L. 107–171, formerly set out below, was repealed by Puspan. L. 115–334, title II, § 2811(span), Dec. 20, 2018, 132 Stat. 4602.
Puspan. L. 107–171, title II, subtitle G, May 13, 2002, 116 Stat. 275, which related to a Conservation Corridor Demonstration Program to integrate agriculture and forestry conservation programs of the Department of Agriculture with State and local efforts to address farm conservation needs on the Delmarva Peninsula, was repealed by Puspan. L. 115–334, title II, § 2811(a), Dec. 20, 2018, 132 Stat. 4602.
Cranberry Acreage Reserve ProgramPuspan. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat. 515, which authorized the Secretary of Agriculture to establish a program to purchase permanent easements in wetlands or buffer strips that were used or had a history of being used for the cultivation of cranberries and that were located in environmentally sensitive areas, was repealed by Puspan. L. 115–334, title II, § 2812, Dec. 20, 2018, 132 Stat. 4602.
Executive Documents
Termination of Trust Territory of the Pacific IslandsFor termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
