---
kind: "section"
citation: "16 U.S.C. § 3839aa–1"
title: "16"
title_heading: "Conservation"
number: "3839aa–1"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3839aa-1"
units:
  - "Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program"
  - "Subchapter IV — Agricultural Resources Conservation Program"
  - "Part IV — Environmental Quality Incentives Program and Conservation Stewardship Program"
  - "Subpart a — environmental quality incentives program"
---

# §3839aa–1. Definitions


In this subpart:

- (1) **Conservation planning assessment—** The term “conservation planning assessment” means a report, as determined by the [Secretary](/usc/16/3801.md?p=a-21), that—
  - (A) is developed by—
    - (i) a [State](/usc/16/3801.md?p=a-24) or [unit](/usc/16/430f–7.md?p=4) of local government (including a [conservation district](/usc/16/3801.md?p=a-5));
    - (ii) a Federal agency; or
    - (iii) a third-party provider certified under [section 3842(e) of this title](/usc/16/3842.md?p=e) (including a certified rangeland professional);
  - (B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and
  - (C) can be incorporated into a comprehensive planning document required by the [Secretary](/usc/16/3801.md?p=a-21) for enrollment in a conservation [program](#8) of the Department of Agriculture.
- (2) **Eligible land—**
  - (A) **In general—** The term “eligible land” means land on which [agricultural commodities](/usc/16/3801.md?p=a-1), [livestock](/usc/16/3801.md?p=a-17), or forest-related products are produced.
  - (B) **Inclusions—** The term “[eligible land](#2-A)” includes the following:
    - (i) Cropland.
    - (ii) Grassland.
    - (iii) Rangeland.
    - (iv) Pasture land.
    - (v) [Nonindustrial private forest land](/usc/16/3801.md?p=a-18).
    - (vi) Other agricultural land (including cropped woodland, marshes, environmentally sensitive [areas](/usc/16/539m–1.md?p=1-A), and agricultural land used for the production of [livestock](/usc/16/3801.md?p=a-17)) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the [program](#8), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
- (3) **Incentive practice—** The term “incentive practice” means a [practice](#6) or set of [practices](#6) approved by the [Secretary](/usc/16/3801.md?p=a-21) that, when implemented and maintained on [eligible land](#2-A), address 1 or more [priority resource concerns](#7).
- (4) **Organic system plan—** The term “organic system plan” means an organic plan approved under the national organic [program](#8) established under the Organic Foods Production Act of 1990 ([7 U.S.C. 6501](/usc/7/6501.md) et seq.).
- (5) **Payment—** The term “payment” means financial assistance provided to a producer for performing [practices](#6) under this subpart, 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.
- (6) **Practice—** The term “practice” means 1 or more improvements and conservation activities that are consistent with the purposes of the [program](#8) under this subpart, as determined by the [Secretary](/usc/16/3801.md?p=a-21), including—
  - (A) improvements to [eligible land](#2-A) of the producer, including—
    - (i) structural [practices](#6);
    - (ii) land management [practices](#6);
    - (iii) vegetative [practices](#6);
    - (iv) forest management;
    - (v) [soil testing](#10);
    - (vi) [soil remediation](#9) to be carried out by the producer; and
    - (vii) other [practices](#6) that the [Secretary](/usc/16/3801.md?p=a-21) determines would further the purposes of the [program](#8); and
  - (B) conservation activities involving the development of plans appropriate for the [eligible land](#2-A) of the producer, including—
    - (i) comprehensive nutrient management planning;
    - (ii) planning for resource-conserving crop rotations (as defined in [section 3839aa–24(d)(1) of this title](/usc/16/3839aa–24.md?p=d-1));
    - (iii) soil health planning, including increasing soil organic matter and the use of cover crops;
    - (iv) a [conservation planning assessment](#1);
    - (v) precision conservation management planning; and
    - (vi) other plans that the [Secretary](/usc/16/3801.md?p=a-21) determines would further the purposes of the [program](#8) under this subpart.
- (7) **Priority resource concern—** The term “priority resource concern” means a natural resource concern or problem, as determined by the [Secretary](/usc/16/3801.md?p=a-21), that—
  - (A) is identified at the national, [State](/usc/16/3801.md?p=a-24), or local level as a priority for a particular [area](/usc/16/539m–1.md?p=1-A) of a [State](/usc/16/3801.md?p=a-24); and
  - (B) represents a significant concern in a [State](/usc/16/3801.md?p=a-24) or region.
- (8) **Program—** The term “program” means the environmental quality incentives program established by this subpart.
- (9) **Soil remediation—** The term “soil remediation” means scientifically based [practices](#6) that—
  - (A) ensure the safety of producers from contaminants in soil;
  - (B) limit contaminants in soil from entering agricultural products for human or animal consumption; and
  - (C) regenerate and sustain the soil.
- (10) **Soil testing—** The term “soil testing” means the evaluation of soil health, including testing for—
  - (A) the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and
  - (B) the biological and physical characteristics indicative of proper soil functioning.

## Source credit

(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; Pub. L. 115–334, title II, §§ 2301(d)(1)(E), 2303, Dec. 20, 2018, 132 Stat. 4554, 4555.)

## Notes

### Editorial Notes

### References in Text

The Organic Foods Production Act of 1990, referred to in par. (4), 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.

### Codification

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.

### Prior Provisions

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.

### Amendments

2018—Pub. L. 115–334, § 2301(d)(1)(E), substituted “this subpart” for “this part” wherever appearing.

Par. (1). Pub. L. 115–334, § 2303(2), added par. (1). Former par. (1) redesignated (2).

Par. (2). Pub. L. 115–334, § 2303(1), (3), redesignated par. (1) as (2) and, in subpar. (B)(vi), inserted “environmentally sensitive areas,” after “marshes,” and “identified or expected” before “resource concerns”. Former par. (2) redesignated (4).

Par. (3). Pub. L. 115–334, § 2303(4), added par. (3). Former par. (3) redesignated (5).

Pars. (4), (5). Pub. L. 115–334, § 2303(1), redesignated pars. (2) and (3) as (4) and (5), respectively. Former pars. (4) and (5) redesignated (6) and (8), respectively.

Par. (6). Pub. L. 115–334, § 2303(1), (5), redesignated par. (4) as (6); in subpar. (A), added cls. (v) and (vi) and redesignated former cl. (v) as (vii); and, in subpar. (B), added cls. (ii) to (v) and redesignated former cl. (ii) as (vi).

Par. (7). Pub. L. 115–334, § 2303(6), added par. (7).

Par. (8). Pub. L. 115–334, § 2303(1), redesignated par. (5) as (8).

Pars. (9), (10). Pub. L. 115–334, § 2303(7), added pars. (9) and (10).

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 of former par. (2) 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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

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.