16 U.S.C. § 3839aa–1 (CONSERVATION)
§ 3839aa–1. Definitions
In this part:
(1) Eligible land
(A) In general
The term “eligible land” means land on which agricultural commodities, livestock, or forest-related products are produced.
(B) Inclusions
The term “eligible land” includes the following:
(i) Cropland.
(ii) Grassland.
(iii) Rangeland.
(iv) Pasture land.
(v) Nonindustrial private forest land.
(vi) Other agricultural land (including cropped woodland, marshes, and agricultural land used for the production of livestock) on which resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.
(2) Organic system plan
The term “organic system plan” means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
(3) Payment
The term “payment” means financial assistance provided to a producer for performing practices under this part, including compensation for—
(A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
(B) income forgone by the producer.
(4) Practice
The term “practice” means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this part, as determined by the Secretary, including—
(A) improvements to eligible land of the producer, including—
(i) structural practices;
(ii) land management practices;
(iii) vegetative practices;
(iv) forest management; and
(v) other practices that the Secretary determines would further the purposes of the program; and
(B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including—
(i) comprehensive nutrient management planning; and
(ii) other plans that the Secretary determines would further the purposes of the program under this part.
(5) Program
The term “program” means the environmental quality incentives program established by this part.
(Pub. L. 99–198, title XII, § 1240A, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 253; amended Pub. L. 110–234, title II, § 2502, May 22, 2008, 122 Stat. 1058; Pub. L. 110–246, § 4(a), title II, § 2502, June 18, 2008, 122 Stat. 1664, 1786; Pub. L. 113–79, title II, § 2202, Feb. 7, 2014, 128 Stat. 729.)
heading: References in Text
text: The Organic Foods Production Act of 1990, referred to in par. (2), is title XXI of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3935, which is classified generally to chapter 94 (§ 6501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of Title 7 and Tables.
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–1, Pub. L. 99–198, title XII, § 1240A, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 997, related to definitions of terms, prior to the general amendment of this part by Pub. L. 107–171.
heading: Amendments
text: 2014—Pars. (2) to (6). Pub. L. 113–79 redesignated pars. (3) to (6) as (2) to (5), respectively, inserted “established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)” after “national organic program” in par. (2), and struck out former par. (2). Text read as follows: “The term ‘national organic program’ means the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et. seq.).”
2008—Pub. L. 110–246, § 2502, amended section generally. Prior to amendment, section defined “beginning farmer or rancher”, “eligible land”, “land management practice”, “livestock”, “practice”, and “structural practice”.
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.(ii) by striking subparagraph (B) and inserting the following new subparagraph:
(B) Advance payments
(i) In general
Not more than 50 percent of the amount determined under subparagraph (A) may be provided in advance for the purpose of purchasing materials or contracting.
(ii) Return of funds
If funds provided in advance are not expended during the 90-day period beginning on the date of receipt of the funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.