16 USC 3841 - Commodity Credit Corporation

View all text of Subchapter V [§ 3841 - § 3847]

§ 3841. Commodity Credit Corporation

(a) Annual fundingFor each of fiscal years 2014 through 2031, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this chapter (including the provision of technical assistance):

(1) The conservation reserve program under subpart B of part I of subchapter IV, including, to the maximum extent practicable—

(A) $12,000,000 for the period of fiscal years 2019 through 2023 to provide payments under section 3834(c) of this title; and

(B) $50,000,000 for the period of fiscal years 2019 through 2023, including not more than $5,000,000 to provide outreach and technical assistance, to carry out section 3835(f) of this title to facilitate the transfer of land subject to contracts from contract holders to covered farmers or ranchers, as defined in section 3835(f)(1) of this title.

(2) The agricultural conservation easement program under subchapter VII using to the maximum extent practicable—

(A) $400,000,000 for fiscal year 2014;

(B) $425,000,000 for fiscal year 2015;

(D) $500,000,000 for fiscal year 2017;

(E) $250,000,000 for fiscal year 2018; and

(F) $450,000,000 for each of fiscal years 2019 through 2031.

(3) The programs under part IV of subchapter IV, using, to the maximum extent practicable—

(A) for the environmental quality incentives program under subpart A of part IV of subchapter IV—

(i) $1,750,000,000 for fiscal year 2019;

(ii) $1,750,000,000 for fiscal year 2020;

(iii) $1,800,000,000 for fiscal year 2021;

(iv) $1,850,000,000 for fiscal year 2022; and

(v) $2,025,000,000 for each of fiscal years 2023 through 2031; and

(B) for the conservation stewardship program under subpart B of part IV of subchapter IV—

(i) $700,000,000 for fiscal year 2019;

(ii) $725,000,000 for fiscal year 2020;

(iii) $750,000,000 for fiscal year 2021;

(iv) $800,000,000 for fiscal year 2022; and

(v) $1,000,000,000 for each of fiscal years 2023 through 2031.

(4) The conservation stewardship program under subpart B of part II of subchapter IV (as in effect on the day before December 20, 2018), using such sums as are necessary to administer contracts entered into before December 20, 2018.

(b) Availability of funds

(1) AvailabilityCommodity Credit Corporation funds made available for a fiscal year for each of the programs specified in subsection (a)—

(A) shall be available for the provision of technical assistance for the programs for which funds are made available as necessary to implement the programs effectively;

(B) except for technical assistance for the conservation reserve program under subpart B of part I of subchapter IV, shall be apportioned for the provision of technical assistance in the amount determined by the Secretary, at the sole discretion of the Secretary; and

(C) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available.

(2) Priority

(A) In general

(B) Report

(3) ReportNot later than December 31, 2014, the Secretary shall submit (and update as necessary in subsequent years) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report—

(A) detailing the amount of technical assistance funds requested and apportioned in each program specified in subsection (a) during the preceding fiscal year; and

(B) any other data relating to this provision that would be helpful to such Committees.

(4) Compliance reportNot later than November 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes—

(A) a description of the extent to which the requests for highly erodible land conservation and wetland compliance determinations are being addressed in a timely manner;

(B) the total number of requests completed in the previous fiscal year;

(D) the number of requests that are still outstanding more than 1 year since the date on which the requests were received from the producer.

(d) Relationship to other law

(e) Regional equity

(1) Equitable distribution

(2) Minimum percentageIn determining the specific funding allocations under paragraph (1), the Secretary shall—

(A) ensure that during the first quarter of each fiscal year each State has the opportunity to establish that the State can use an aggregate allocation amount of at least 0.6 percent of the funds made available for those conservation programs; and

(B) for each State that can so establish, provide an aggregate amount of at least 0.6 percent of the funds made available for those conservation programs.

(f) Acceptance and use of contributions for public-private partnerships

(1) Establishment of public-private partnership contributions accounts

(2) Deposit and use of contributions

(3) Secretarial authority

(A) In generalThe Secretary may accept under this subsection contributions of such funds as the Secretary determines appropriate, taking into consideration—

(i) the source of the funds to be contributed;

(ii) the natural resource concerns to be addressed through the use of the funds;

(iii) the amount of funds to be contributed;

(iv) whether the activities proposed to be carried out using the funds are consistent with the priorities of the Secretary; and

(v) any other factors the Secretary determines to be relevant.

(B) Determination

(4) Match of contributed funds

(A) In general

(B) Distribution of Federal funding for States

(5) Role of contributing entityAn entity contributing funds under this subsection may—

(A) designate the covered program for which the contributed funds are intended to be used;

(B) specify the geographic area in which the contributed funds are intended to be used;

(D) with respect to an activity funded pursuant to this subsection that may result in environmental services benefits to be sold through an environmental services market, subject to the approval of the Secretary, prescribe the terms for ownership of the entity’s share of such environmental services benefits resulting from such activity; and

(E) work with the Secretary to promote the activities funded pursuant to this subsection.

(6) Producer participation

(A) NotificationThe Secretary shall establish a process to provide notice to producers—

(i) of activities that may be carried out, through a covered program, pursuant to this section; and

(ii) any 1

1 So in original. Probably should be preceded by “of”.

terms prescribed by the contributing entity under paragraph (5)(D) with respect to such activities.

(B) Retention of environmental services benefits

(7) Consistency with program requirements

(A) In general

(B) Adjustments

(i) In generalThe Secretary may, if the Secretary determines necessary, adjust a regulatory requirement of a covered program, or related guidance, as it applies to an activity carried out using funds contributed under this subsection—(I) to provide a simplified process; or(II) to better reflect unique local circumstances and to address a specific priority of the contributing entity.

(ii) Limitation

(8) ReportNot later than December 31, 2024, and each year thereafter through December 31, 2031, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains—

(A) the name and a description of each entity contributing private funds under this subsection that took an action under paragraph (5), and a description of each such action;

(B) the name and a description of each entity contributing private funds under this subsection for which the Secretary has provided matching Federal funds, and the level of that match, including the amount of such matching Federal funds; and

(i) private funds contributed under this subsection; and

(ii) matching Federal funds provided by the Secretary under paragraph (4).

(9) Covered program definedIn this subsection, the term “covered program” means a program carried out by the Secretary under—

(A) subchapter IV (except for subpart B of such subchapter),2

2 See References in Text note below.

subchapter VII, or subchapter VIII;

(B)section 2203 of this title;

(D) the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 of such Act (16 U.S.C. 1012).

(10) Duration of authority

(g) Allocations review and update

(1) Review

(2) UpdateThe Secretary shall improve conservation program allocation formulas as necessary to ensure that—

(A) the formulas adequately reflect the costs of carrying out the conservation programs;

(B) to the maximum extent practicable, local natural resource concerns are considered a leading factor in determining annual funding allocation to States;

(C) the process used at the national level to evaluate State budget proposals and to allocate funds is reviewed annually to assess the effect of allocations in addressing identified natural resource priorities and objectives; and

(D) the allocation of funds to States addresses priority natural resource concerns and objectives.

(h) Assistance to certain farmers or ranchers for conservation access

(1) Assistance

(A) Fiscal years 2009 through 2018Of the funds made available for each of fiscal years 2009 through 2018 to carry out the environmental quality incentives program and the acres made available for each of such fiscal years to carry out the conservation stewardship program, the Secretary shall use, to the maximum extent practicable—

(i) 5 percent to assist beginning farmers or ranchers; and

(ii) 5 percent to assist socially disadvantaged farmers or ranchers.

(B) Fiscal years 2019 through 2031Of the funds made available for each of fiscal years 2019 through 2031 to carry out the environmental quality incentives program under subpart A of part IV of subchapter IV and the conservation stewardship program under subpart B of part IV of subchapter IV, the Secretary shall use, to the maximum extent practicable—

(i) 5 percent to assist beginning farmers or ranchers; and

(ii) 5 percent to assist socially disadvantaged farmers or ranchers.

(2) Repooling of funds

(3) Repooling of acres

(4) Preference

(i) Report on program enrollments and assistanceNot later than December 15 of each of calendar years 2019 through 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report containing statistics by State related to enrollments in conservation programs under this chapter, as follows:

(1) The annual and current cumulative activity reflecting active agreement and contract enrollment statistics.

(2) Secretarial exceptions, waivers, and significant payments, including—

(A) payments made under the agricultural conservation easement program for easements valued at $250,000 or greater;

(B) payments made under the regional conservation partnership program subject to the waiver of adjusted gross income limitations pursuant to section 3871c(c)(3) of this title;

(D) exceptions and activity associated with section 3839aa–2(h)(2) of this title; and

(E) exceptions provided by the Secretary under section 3865b(b)(2)(B)(ii) of this title.

(j) Conservation standards and requirements

(1) In generalSubject to the requirements of this chapter, the Natural Resources Conservation Service shall serve as the lead agency in developing and establishing technical standards and requirements for conservation programs carried out under this chapter, including—

(A) standards for conservation practices under this chapter;

(B) technical guidelines for implementing conservation practices under this chapter, including the location of the conservation practices; and

(2) Consistency of farm service agency technical standards and payment ratesThe Administrator of the Farm Service Agency shall ensure that—

(A) technical standards of programs administered by the Farm Service Agency are consistent with the technical standards established by the Natural Resources Conservation Service under paragraph (1); and

(B) payment rates, to the extent practicable, are consistent between the Farm Service Agency and the Natural Resources Conservation Service.

(Pub. L. 99–198, title XII, § 1241, as added Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 278; amended Pub. L. 108–7, div. N, title II, §§ 213, 216(c), Feb. 20, 2003, 117 Stat. 545, 546; Pub. L. 108–11, title II, § 2106(a), Apr. 16, 2003, 117 Stat. 590; Pub. L. 108–199, div. H, § 101, Jan. 23, 2004, 118 Stat. 434; Pub. L. 108–324, div. B, § 101(e), Oct. 13, 2004, 118 Stat. 1235; Pub. L. 108–498, § 1(a), Dec. 23, 2004, 118 Stat. 4020; Pub. L. 109–171, title I, §§ 1202(b), 1203(c), Feb. 8, 2006, 120 Stat. 5, 6; Pub. L. 110–234, title II, §§ 2701–2705, May 22, 2008, 122 Stat. 1071–1074; Pub. L. 110–246, § 4(a), title II, §§ 2701–2705, June 18, 2008, 122 Stat. 1664, 1799–1802; Pub. L. 112–55, div. A, title VII, § 716(d)–(f), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–76, div. A, title VII, § 750(b), Jan. 17, 2014, 128 Stat. 42; Pub. L. 113–79, title II, §§ 2601–2605, Feb. 7, 2014, 128 Stat. 756–759; Pub. L. 115–123, div. F, § 60102(b), Feb. 9, 2018, 132 Stat. 312; Pub. L. 115–334, title II, § 2501, title XII, § 12306(g), Dec. 20, 2018, 132 Stat. 4576, 4970; Pub. L. 117–169, title II, § 21001(c)(5), Aug. 16, 2022, 136 Stat. 2017; Pub. L. 117–328, div. HH, title I, § 202, Dec. 29, 2022, 136 Stat. 5982.)