16 U.S.C. § 3839bb–4 (CONSERVATION)
§ 3839bb–4. Chesapeake Bay watershed
(a) Chesapeake Bay watershed defined
In this section, the term “Chesapeake Bay watershed” means all tributaries, backwaters, and side channels, including their watersheds, draining into the Chesapeake Bay.
(b) Establishment and purpose
The Secretary shall assist producers in implementing conservation activities on agricultural lands in the Chesapeake Bay watershed for the purposes of—
(1) improving water quality and quantity in the Chesapeake Bay watershed; and
(2) restoring, enhancing, and preserving soil, air, and related resources in the Chesapeake Bay watershed.
(c) Conservation activities
The Secretary shall deliver the funds made available to carry out this section through applicable programs under this subchapter to assist producers in enhancing land and water resources—
(1) by controlling erosion and reducing sediment and nutrient levels in ground and surface water; and
(2) by planning, designing, implementing, and evaluating habitat conservation, restoration, and enhancement measures where there is significant ecological value if the lands are—
(A) retained in their current use; or
(B) restored to their natural condition.
(d) Agreements
(1) In general
The Secretary shall—
(A) enter into agreements with producers to carry out the purposes of this section; and
(B) use the funds made available to carry out this section to cover the costs of the program involved with each agreement.
(2) Special considerations
In entering into agreements under this subsection, the Secretary shall give special consideration to, and begin evaluating, applications with producers in the following river basins:
(A) The Susquehanna River.
(B) The Shenandoah River.
(C) The Potomac River (including North and South Potomac).
(D) The Patuxent River.
(e) Duties of the Secretary
In carrying out the purposes in this section, the Secretary shall—
(1) where available, use existing plans, models, and assessments to assist producers in implementing conservation activities; and
(2) proceed expeditiously with the implementation of any agreement with a producer that is consistent with State strategies for the restoration of the Chesapeake Bay watershed.
(f) Consultation
The Secretary, in consultation with appropriate Federal agencies, shall ensure conservation activities carried out under this section complement Federal and State programs, including programs that address water quality, in the Chesapeake Bay watershed.
(g) Sense of Congress regarding Chesapeake Bay Executive Council
It is the sense of Congress that the Secretary should be a member of the Chesapeake Bay Executive Council, and is authorized to do so under section 590a(3) of this title.
(h) Funding
(1) Availability
Of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable—
(A) $23,000,000 for fiscal year 2009;
(B) $43,000,000 for fiscal year 2010;
(C) $72,000,000 for fiscal year 2011; and
(D) $50,000,000 for fiscal year 2012.
(2) Duration of availability
Funds made available under paragraph (1) shall remain available until expended.
(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.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment 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 a note under section 8701 of Title 7, Agriculture.