dreamproit/uscode huggingface dataset:
16 U.S.C. § 3839bb–1 (CONSERVATION)
§ 3839bb–1. Repealed. Pub. L. 113–79, title II, § 2707(a), Feb. 7, 2014, 128 Stat. 769
text: Section, Pub. L. 99–198, title XII, § 1240N, as added Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 266; amended Pub. L. 110–234, title II, § 2602, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2602, June 18, 2008, 122 Stat. 1664, 1796, related to wildlife habitat incentive program.
heading: Statutory Notes and Related Subsidiaries
heading: Repeal; Transitional Provisions
text: Pub. L. 113–79, title II, § 2707, Feb. 7, 2014, 128 Stat. 769, provided that:
“(a) Repeal.—
Except as provided in subsection (b), section 1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb–1) is repealed.
“(b) Transitional Provisions.—
“(1) Effect on existing contracts and agreements.—
The amendment made by this section [repealing section 3839bb–1 of this title] shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1240N of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–1) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract or agreement.
“(2) Funding.—
“(A) Use of prior year funds.—
Notwithstanding the repeal of section 1240N of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–1), any funds made available from the Commodity Credit Corporation to carry out the wildlife habitat incentive program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts or agreements referred to in paragraph (1) which were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance).
“(B) Other.—
On exhaustion of funds made available under subparagraph (A), the Secretary [of Agriculture] may use funds made available to carry out the environmental quality incentives program under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) to continue to carry out contracts or agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts or agreements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”
16 U.S.C. § 3839bb–3 (CONSERVATION)
§ 3839bb–3. Repealed. Pub. L. 113–79, title II, § 2708, Feb. 7, 2014, 128 Stat. 770
text: Section, Pub. L. 99–198, title XII, § 1240P, as added Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2604, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2604, June 18, 2008, 122 Stat. 1664, 1796, related to Great Lakes basin program for soil erosion and sediment control.
16 U.S.C. § 3839bb–4 (CONSERVATION)
§ 3839bb–4. Repealed. Pub. L. 113–79, title II, § 2709(a), Feb. 7, 2014, 128 Stat. 770
text: Section, Pub. L. 99–198, title XII, § 1240Q, as added Pub. L. 110–234, title II, § 2605, May 22, 2008, 122 Stat. 1069, and Pub. L. 110–246, § 4(a), title II, § 2605, June 18, 2008, 122 Stat. 1664, 1797, related to conservation activities on agricultural lands in the Chesapeake Bay watershed.
heading: Statutory Notes and Related Subsidiaries
heading: Repeal; Transitional Provisions
text: Pub. L. 113–79, title II, § 2709, Feb. 7, 2014, 128 Stat. 770, provided that:
“(a) Repeal.—
Except as provided in subsection (b), section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb–4) is repealed.
“(b) Transitional Provisions.—
“(1) Effect on existing contracts, agreements, and easements.—
The amendment made by this section [repealing section 3839bb–4 of this title] shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under section 1240Q of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–4) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract, agreement, or easement.
“(2) Funding.—
“(A) Use of prior year funds.—
Notwithstanding the repeal of section 1240Q of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–4), any funds made available from the Commodity Credit Corporation to carry out the Chesapeake Bay watershed program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, and easements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance).
“(B) Other.—
The Secretary [of Agriculture] may use funds made available 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.], as added by section 2401, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”
16 U.S.C. § 3843 (CONSERVATION)
§ 3843. Repealed. Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770
text: Section, Pub. L. 99–198, title XII, § 1243, as added Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008; amended Pub. L. 107–171, title II, §§ 2003, 2006(d), May 13, 2002, 116 Stat. 233, 237; Pub. L. 110–234, title II, § 2707, May 22, 2008, 122 Stat. 1077; Pub. L. 110–246, § 4(a), title II, § 2707, June 18, 2008, 122 Stat. 1664, 1805, related to cooperative conservation partnership initiative.
text: A prior section 3843, Pub. L. 99–198, title XII, § 1243, Dec. 23, 1985, 99 Stat. 1515; Pub. L. 101–624, title XIV, § 1442, Nov. 28, 1990, 104 Stat. 3602, which related to administration of this chapter, was omitted in the general amendment of this subchapter by Pub. L. 104–127.
heading: Statutory Notes and Related Subsidiaries
heading: Repeal; Transitional Provisions
text: Pub. L. 113–79, title II, § 2710, Feb. 7, 2014, 128 Stat. 770, provided that:
“(a) Repeal.—
Except as provided in subsection (b), section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) is repealed.
“(b) Transitional Provisions.—
“(1) Effect on existing contracts and agreements.—
The amendment made by this section [repealing section 3843 of this title] shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1243 of the Food Security Act of 1985 ([former] 16 U.S.C. 3843) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract or agreement.
“(2) Funding.—
“(A) Use of prior year funds.—
Notwithstanding the repeal of section 1243 of the Food Security Act of 1985 ([former] 16 U.S.C. 3843), any funds made available from the Commodity Credit Corporation to carry out the cooperative conservation partnership initiative under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance).
“(B) Other.—
On exhaustion of funds made available under subparagraph (A), the Secretary [of Agriculture] may use funds made available 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.], as added by section 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on the day before the date of enactment of the Agricultural Act of 2014.”
16 U.S.C. § 3846 (CONSERVATION)
§ 3846. Regulations
(a) In general
The Secretary shall promulgate such regulations as are necessary to implement programs under this chapter, including such regulations as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under section 3844(f) of this title.
(b) Rulemaking procedure
The promulgation of regulations and administration of programs under this chapter—
(1) shall be carried out without regard to chapter 35 of title 44 (commonly known as the Paperwork Reduction Act); and
(2) shall be made as an interim rule effective on publication with an opportunity for notice and comment.
(c) Congressional review of agency rulemaking
In promulgating regulations under this section, the Secretary shall use the authority provided under section 808 of title 5.
(Pub. L. 99–198, title XII, § 1246, as added Pub. L. 113–79, title II, § 2608, Feb. 7, 2014, 128 Stat. 761.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title XII of Pub. 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.
heading: Prior Provisions
text: A prior section 3846, Pub. L. 99–198, title XII, § 1246, as added Pub. L. 101–624, title XIV, § 1444, Nov. 28, 1990, 104 Stat. 3602, directed Secretary to report to Congress on erodible land and wetland conservation program, prior to repeal by Pub. L. 104–66, title I, § 1011(a), Dec. 21, 1995, 109 Stat. 709.
16 U.S.C. § 3847 (CONSERVATION)
§ 3847. Data on conservation practices
(a) Data on conservation practices
The Secretary shall identify available data sets within the Department of Agriculture regarding the use of conservation practices and the effect of such practices on farm and ranch profitability (including such effects relating to crop yields, soil health, and other risk-related factors).
(b) Report
Not later than 1 year after December 20, 2018, 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—
(1) a summary of the data sets identified under subsection (a);
(2) a summary of the steps the Secretary would have to take to provide access to such data sets by university researchers, including taking into account any technical, privacy, or administrative considerations;
(3) a summary of safeguards the Secretary employs when providing access to data to university researchers;
(4) a summary of appropriate procedures to maximize the potential for research benefits while preventing any violations of privacy or confidentiality; and
(5) recommendations for any necessary authorizations or clarifications of Federal law to allow access to such data sets to maximize the potential for research benefits.
(Pub. L. 99–198, title XII, § 1247, as added Pub. L. 115–334, title XII, § 12618, Dec. 20, 2018, 132 Stat. 5017.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3847, Pub. L. 99–198, title XII, § 1247, as added Pub. L. 101–624, title XIV, § 1445, Nov. 28, 1990, 104 Stat. 3603; amended Pub. L. 102–237, title II, § 204(8), Dec. 13, 1991, 105 Stat. 1855, which related to assistance for control of spread of weeds and pests, was omitted in the general amendment of this subchapter by Pub. L. 104–127.
16 U.S.C. § 3851a (CONSERVATION)
§ 3851a. Forest Service participation in ACES Program
(a) In general
The Secretary, acting through the Chief of the Forest Service, may use funds derived from conservation-related programs executed on National Forest System land to utilize the Agriculture Conservation Experienced Services Program established pursuant to section 3851 of this title to provide technical services for conservation-related programs and authorities carried out by the Secretary on National Forest System land.
(b) Termination of effectiveness
The authority provided to the Secretary to carry out this section terminates effective October 1, 2023.1
(Pub. L. 113–79, title VIII, § 8302, Feb. 7, 2014, 128 Stat. 923; Pub. L. 115–334, title VIII, § 8622, Dec. 20, 2018, 132 Stat. 4853.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Agricultural Act of 2014, and not as part of title XII of Pub. L. 99–198 which comprises this chapter.
heading: Amendments
text: 2018—Pub. L. 115–334 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Extension of Forest Service Participation in Aces Program
text: Pub. L. 119–75, div. I, § 5003, Feb. 3, 2026, 140 Stat. 629, provided that: “Section 8302(b) of the Agricultural Act of 2014 (16 U.S.C. 3851a(b)) shall be applied by substituting ‘October 1, 2026’ for ‘October 1, 2023’.”
Prior extensions were contained in the following prior acts:
Pub. L. 118–83, div. B, title I, § 106, Sept. 26, 2024, 138 Stat. 1535.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 9001 of Title 7, Agriculture.
16 U.S.C. § 3865 (CONSERVATION)
§ 3865. Establishment and purposes
(a) Establishment
The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.
(b) Purposes
The purposes of the program are to—
(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837 1 of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in effect on the day before February 7, 2014;
(2) restore, protect, and enhance wetlands on eligible land;
(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and
(4) protect grazing uses and related conservation values by restoring or conserving eligible land.
(Pub. L. 99–198, title XII, § 1265, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 731; amended Pub. L. 115–334, title II, § 2601, Dec. 20, 2018, 132 Stat. 4585.)
heading: Editorial Notes
heading: References in Text
text: Sections 3837, 3838n, and 3838i of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 113–79, title II, §§ 2703(a), 2704(a), 2705(a), Feb. 7, 2014, 128 Stat. 767, 768.
heading: Amendments
text: 2018—Subsec. (b)(3). Pub. L. 115–334, § 2601(1), inserted “that negatively affect the agricultural uses and conservation values” after “uses of that land”.
Subsec. (b)(4). Pub. L. 115–334, § 2601(2), substituted “restoring or conserving” for “restoring and conserving”.
16 U.S.C. § 3902 (CONSERVATION)
§ 3902. Definitions
For the purpose of this chapter:
(1) The term “Committees” means the Committee on Merchant Marine and Fisheries and the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate.
(2) The term “designated unit” means a unit of the National Wildlife Refuge System designated by the Secretary under section 3911(a)(2) 1 of this title.
(3) The term “hydric soil” means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.
(4) The term “hydrophytic vegetation” means a plant growing in—
(A) water; or
(B) a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.
(5) The term “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.
(Pub. L. 99–645, § 3, Nov. 10, 1986, 100 Stat. 3583; Pub. L. 103–437, § 6(d)(41), Nov. 2, 1994, 108 Stat. 4585.)
heading: Editorial Notes
heading: References in Text
text: Section 3911 of this title, referred to in par. (2), was repealed by Pub. L. 108–447, div. J, title VIII, § 813(c), Dec. 8, 2004, 118 Stat. 3390.
heading: Amendments
text: 1994—Par. (1). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of House Committee on Merchant Marine and Fisheries
text: Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
16 U.S.C. § 3911 (CONSERVATION)
§ 3911. Repealed. Pub. L. 108–447, div. J, title VIII, § 813(c), Dec. 8, 2004, 118 Stat. 3390
text: Section, Pub. L. 99–645, title II, § 201, Nov. 10, 1986, 100 Stat. 3584, related to the sale of admission permits at certain units of the National Wildlife Refuge System.
16 U.S.C. § 3912 (CONSERVATION)
§ 3912. Transfers to Migratory Bird Conservation Fund
Notwithstanding any other provision of law, an amount equal to the amount of all import duties collected on arms and ammunition, as specified in chapter 93 of the Harmonized Tariff Schedule of the United States, shall, beginning with the next fiscal year quarter after November 10, 1986, be paid quarterly into the migratory bird conservation fund 1 established under section 718d of this title.
(Pub. L. 99–645, title II, § 203, Nov. 10, 1986, 100 Stat. 3586; Pub. L. 100–418, title I, § 1214(f), Aug. 23, 1988, 102 Stat. 1156.)
heading: Editorial Notes
heading: References in Text
text: The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.
heading: Amendments
text: 1988—Pub. L. 100–418 substituted “chapter 93 of the Harmonized Tariff Schedule of the United States” for “subpart A of part 5 of schedule 7 of the Tariff Schedules of the United States”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.
16 U.S.C. § 3921 (CONSERVATION)
§ 3921. National wetlands priority conservation plan
(a) In general
The Secretary shall establish, and periodically review and revise, a national wetlands priority conservation plan which shall specify, on a region-by-region basis or other basis considered appropriate by the Secretary, the types of wetlands and interests in wetlands which should be given priority with respect to Federal and State acquisition.
(b) Consultation
The Secretary shall establish the plan required by subsection (a) after consultation with—
(1) the Administrator of the Environmental Protection Agency;
(2) the Secretary of Commerce;
(3) the Secretary of Agriculture; and
(4) (the chief executive officer of) each State.
(c) Factors to be considered
The Secretary, in establishing the plan required by subsection (a), shall consider—
(1) the estimated proportion remaining of the respective types of wetlands which existed at the time of European settlement;
(2) the estimated current rate of loss and the threat of future losses of the respective types of wetlands; and
(3) the contributions of the respective types of wetlands to—
(A) wildlife, including endangered and threatened species, migratory birds, and resident species;
(B) commercial and sport fisheries;
(C) surface and ground water quality and quantity, and flood control;
(D) outdoor recreation; and
(E) other areas or concerns the Secretary considers appropriate.
(Pub. L. 99–645, title III, § 301, Nov. 10, 1986, 100 Stat. 3586.)
16 U.S.C. § 3922 (CONSERVATION)
§ 3922. Federal acquisition
The Secretary is authorized to purchase wetlands or interests in wetlands, which are not acquired under the authority of the Migratory Bird Conservation Act of 1929 (16 U.S.C. 715–715s), consistent with the wetlands priority conservation plan established under section 3921 of this title.
(Pub. L. 99–645, title III, § 304, Nov. 10, 1986, 100 Stat. 3588.)
heading: Editorial Notes
heading: References in Text
text: The Migratory Bird Conservation Act of 1929, referred to in text, is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables.
16 U.S.C. § 3923 (CONSERVATION)
§ 3923. Restriction on use of eminent domain in acquisitions
The powers of condemnation or eminent domain shall not be used in the acquisition of wetlands under any provision of this chapter where such wetlands have been constructed for the purpose of farming or ranching, or result from conservation activities associated with farming or ranching.
(Pub. L. 99–645, title III, § 305, Nov. 10, 1986, 100 Stat. 3588.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 99–645, Nov. 10, 1986, 100 Stat. 3582, known as the Emergency Wetlands Resources Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.