dreamproit/uscode huggingface dataset:
16 U.S.C. § 3839aa–4 (CONSERVATION)
§ 3839aa–4. Duties of producers
To receive payments under the program, a producer shall agree—
(1) to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary;
(2) not to conduct any practices on the farm, ranch, or forest land that would tend to defeat the purposes of the program;
(3) on the violation of a term or condition of the contract at anytime the producer has control of the land—
(A) if the Secretary determines that the violation warrants termination of the contract—
(i) to forfeit all rights to receive payments under the contract; and
(ii) to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the payments, as determined by the Secretary; or
(B) if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary determines to be appropriate;
(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all payments received under the program, as determined by the Secretary;
(5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and
(6) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan.
(Pub. L. 99–198, title XII, § 1240D, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2505, May 22, 2008, 122 Stat. 1062; Pub. L. 110–246, § 4(a), title II, § 2505, June 18, 2008, 122 Stat. 1664, 1790.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Prior Provisions
text: A prior section 3839aa–4, Pub. L. 99–198, title XII, § 1240D, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1000, related to duties of producers, prior to the general amendment of this part by Pub. L. 107–171.
heading: Amendments
text: 2008—Pub. L. 110–246, § 2505(1), struck out “technical assistance, cost-share payments, or incentive” before “payments” in introductory provisions.
Par. (2). Pub. L. 110–246, § 2505(2), substituted “farm, ranch, or forest land” for “farm or ranch”.
Par. (4). Pub. L. 110–246, § 2505(3), struck out “cost-share payments and incentive” before “payments”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 3839aa–5 (CONSERVATION)
§ 3839aa–5. Environmental quality incentives program plan
(a) Plan of operations
To be eligible to receive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that—
(1) specifies practices covered under the program;
(2) includes such terms and conditions as the Secretary considers necessary to carry out the program, including a description of the purposes to be met by the implementation of the plan;
(3) in the case of a confined livestock feeding operation, provides for development and implementation of a comprehensive nutrient management plan, if applicable; and
(4) in the case of forest land, is consistent with the provisions of a forest management plan that is approved by the Secretary, which may include—
(A) a forest stewardship plan described in section 2103a of this title;
(B) another practice plan approved by the State forester; or
(C) another plan determined appropriate by the Secretary.
(b) Avoidance of duplication
The Secretary shall—
(1) consider a plan developed in order to acquire a permit under a water or air quality regulatory program as the equivalent of a plan of operations under subsection (a), if the plan contains elements equivalent to those elements required by a plan of operations; and
(2) to the maximum extent practicable, eliminate duplication of planning activities under the program under this part and comparable conservation programs.
(Pub. L. 99–198, title XII, § 1240E, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2506, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2506, June 18, 2008, 122 Stat. 1664, 1791.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Prior Provisions
text: A prior section 3839aa–5, Pub. L. 99–198, title XII, § 1240E, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1001, related to environmental quality incentives program plan, prior to the general amendment of this part by Pub. L. 107–171.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246, § 2506(a)(1), (2), substituted “Plan of operations” for “In general” in heading and struck out “cost-share payments or incentive” before “payments” in introductory provisions.
Subsec. (a)(4). Pub. L. 110–246, § 2506(a)(3)–(5), added par. (4).
Subsec. (b). Pub. L. 110–246, § 2506(b), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary shall, to the maximum extent practicable, eliminate duplication of planning activities under the program under this part and comparable conservation programs.”
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 3839aa–6 (CONSERVATION)
§ 3839aa–6. Duties of the Secretary
To the extent appropriate, the Secretary shall assist a producer in achieving the conservation and environmental goals of a program plan by—
(1) providing payments for developing and implementing 1 or more practices, as appropriate; and
(2) providing the producer with information and training to aid in implementation of the plan.
(Pub. L. 99–198, title XII, § 1240F, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 110–234, title II, § 2507, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2507, June 18, 2008, 122 Stat. 1664, 1791.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Prior Provisions
text: A prior section 3839aa–6, Pub. L. 99–198, title XII, § 1240F, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1001, related to duties of Secretary, prior to the general amendment of this part by Pub. L. 107–171.
heading: Amendments
text: 2008—Par. (1). Pub. L. 110–246, § 2507, struck out “cost-share payments or incentive” before “payments”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 3839aa–7 (CONSERVATION)
§ 3839aa–7. Limitation on payments
(a) Limitation
Subject to subsection (b), a person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this part that, in the aggregate, exceed $300,000 for all contracts entered into under this part by the person or entity during any six-year period,1 (excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 3839aa–2(h) 2 of this title) regardless of the number of contracts entered into under this part by the person or entity.
(b) Waiver authority
In the case of contracts under this part for projects of special environmental significance (including projects involving methane digesters), as determined by the Secretary, the Secretary may—
(1) waive the limitation otherwise applicable under subsection (a); and
(2) raise the limitation to not more than $450,000 during any six-year period.
(Pub. L. 99–198, title XII, § 1240G, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 108–447, div. A, title VII, § 794(b), Dec. 8, 2004, 118 Stat. 2852; Pub. L. 109–171, title I, § 1203(b), Feb. 8, 2006, 120 Stat. 6; Pub. L. 110–234, title II, § 2508, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2508, June 18, 2008, 122 Stat. 1664, 1791.)
heading: References in Text
text: Section 3839aa–2 of this title, referred to in subsec. (a), was amended generally by Pub. L. 110–246, title II, § 2503, June 18, 2008, 122 Stat. 1787, and, as so amended, provisions relating to funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations, which formerly appeared in subsec. (h), are contained in subsec. (g).
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Prior Provisions
text: A prior section 3839aa–7, Pub. L. 99–198, title XII, § 1240G, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1001, related to limitation on payments, prior to the general amendment of this part by Pub. L. 107–171.
heading: Amendments
text: 2008—Pub. L. 110–246, § 2508, designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), a person or legal entity” for “An individual or entity” and “$300,000” for “$450,000”, substituted “the person” for “the individual” in two places, and added subsec. (b).
2006—Pub. L. 109–171 substituted “any six-year period” for “the period of fiscal years 2002 through 2007”.
2004—Pub. L. 108–447 inserted “(excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 3839aa–2(h) of this title)” after “2007,”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 3839bb–2 (CONSERVATION)
§ 3839bb–2. Grassroots source water protection program
(a) In general
The Secretary shall establish a national grassroots water protection program to more effectively use onsite technical assistance capabilities of each State rural water association that, as of May 13, 2002, operates a wellhead or groundwater protection program in the State.
(b) Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2008 through 2012.
(Pub. L. 99–198, title XII, § 1240O, as added Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2603, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2603, June 18, 2008, 122 Stat. 1664, 1796.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–246, § 2603, substituted “$20,000,000 for each of fiscal years 2008 through 2012” for “$5,000,000 for each of fiscal years 2002 through 2007”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 3839bb–3 (CONSERVATION)
§ 3839bb–3. Great Lakes basin program for soil erosion and sediment control
(a) Program authorized
The Secretary may carry out the Great Lakes basin program for soil erosion and sediment control (referred to in this section as the “program”), including providing assistance to implement the recommendations of the Great Lakes Regional Collaboration Strategy to Restore and Protect the Great Lakes.
(b) Consultation and cooperation
The Secretary shall carry out the program in consultation with the Great Lakes Commission created by Article IV of the Great Lakes Basin Compact (82 Stat. 415) and in cooperation with the Administrator of the Environmental Protection Agency and the Secretary of the Army.
(c) Assistance
In carrying out the program, the Secretary may—
(1) provide project demonstration grants, provide technical assistance, and carry out information and educational programs to improve water quality in the Great Lakes basin by reducing soil erosion and improving sediment control; and
(2) establish a priority for projects and activities that—
(A) directly reduce soil erosion or improve sediment control;
(B) reduce soil loss in degraded rural watersheds; or
(C) improve water quality for downstream watersheds.
(d) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the program $5,000,000 for each of fiscal years 2008 through 2012.
(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.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Pub. L. 110–246, § 2604, amended section generally. Prior to amendment, section related to: in subsec. (a), authorization to carry out the Great Lakes basin program for soil erosion and sediment control in consultation with the Great Lakes Commission and in cooperation with the Administrator of the Environmental Protection Agency and the Secretary of the Army; in subsec. (b), provision of assistance and prioritization of projects; and, in subsec. (c), appropriations for fiscal years 2002 through 2007.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
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: 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: 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. § 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: 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: 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) of this section 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) of this section, 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: 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, as amended, 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: 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.