---
kind: "section"
citation: "16 U.S.C. § 3839aa–2"
title: "16"
title_heading: "Conservation"
number: "3839aa–2"
heading: "Establishment and administration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3839aa-2"
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–2. Establishment and administration

- (a) **Establishment—** During each of the 2002 through 2031 fiscal years, the [Secretary](/usc/16/3801.md?p=a-21) shall provide [payments](/usc/16/3839aa–1.md?p=5) to producers that enter into contracts with the [Secretary](/usc/16/3801.md?p=a-21) under the [program](/usc/16/3839aa–1.md?p=8).
- (b) **Practices and term—**
  - (1) **Practices—** A contract under the [program](/usc/16/3839aa–1.md?p=8) may apply to the performance of one or more [practices](/usc/16/3839aa–1.md?p=6).
  - (2) **Term—** A contract under the [program](/usc/16/3839aa–1.md?p=8) shall have a term that does not exceed 10 years.
- (c) **Bidding down—** If the [Secretary](/usc/16/3801.md?p=a-21) determines that the environmental values of two or more applications for [payments](/usc/16/3839aa–1.md?p=5) are comparable, the [Secretary](/usc/16/3801.md?p=a-21) shall not assign a higher priority to the application only because it would present the least cost to the [program](/usc/16/3839aa–1.md?p=8).
- (d) **Payments—**
  - (1) **Availability of payments—** [Payments](/usc/16/3839aa–1.md?p=5) are provided to a producer to implement one or more [practices](/usc/16/3839aa–1.md?p=6) under the [program](/usc/16/3839aa–1.md?p=8).
  - (2) **Limitation on payment amounts—** A [payment](/usc/16/3839aa–1.md?p=5) to a producer for performing a [practice](/usc/16/3839aa–1.md?p=6) may not exceed, as determined by the [Secretary](/usc/16/3801.md?p=a-21)—
    - (A) 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training;
    - (B) 100 percent of income foregone by the producer; or
    - (C) in the case of a [practice](/usc/16/3839aa–1.md?p=6) consisting of elements covered under subparagraphs [(A)](#d-2-A) and [(B)](#d-2-B)—
      - (i) 75 percent of the costs incurred for those elements covered under [subparagraph (A)](#d-2-A); and
      - (ii) 100 percent of income foregone for those elements covered under [subparagraph (B)](#d-2-B).
  - (3) **Special rule involving payments for foregone income—** In determining the amount and rate of [payments](/usc/16/3839aa–1.md?p=5) under [paragraph (2)(B)](#d-2-B), the [Secretary](/usc/16/3801.md?p=a-21) may accord great significance to a [practice](/usc/16/3839aa–1.md?p=6) that, as determined by the [Secretary](/usc/16/3801.md?p=a-21), promotes—
    - (A) soil health;
    - (B) water quality and quantity improvement;
    - (C) nutrient management;
    - (D) pest management;
    - (E) air quality improvement;
    - (F) wildlife habitat development, including pollinator habitat; or
    - (G) invasive species management.
  - (4) **Increased payments for certain producers—**
    - (A) **In general—** Notwithstanding [paragraph (2)](#d-2), in the case of a producer that is a limited resource, [socially disadvantaged farmer or rancher](/usc/16/3801.md?p=a-23), a veteran farmer or rancher (as defined in section 2279(e)[^1] of title 7), or a [beginning farmer or rancher](/usc/16/3801.md?p=a-2), the [Secretary](/usc/16/3801.md?p=a-21) shall increase the amount that would otherwise be provided to a producer under this subsection—
      - (i) to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
      - (ii) to not less than 25 percent above the otherwise applicable rate.
    - (B) **Advance payments—**
      - (i) **In general—** On an election by a producer described in [subparagraph (A)](#d-4-A), the [Secretary](/usc/16/3801.md?p=a-21) shall provide at least 50 percent of the amount determined under [subparagraph (A)](#d-4-A) in advance for all costs related to 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](/usc/16/3801.md?p=a-21).
      - (iii) **Notification and documentation—** The [Secretary](/usc/16/3801.md?p=a-21) shall—
        - (I) notify each producer described in [subparagraph (A)](#d-4-A), at the time of enrollment in the [program](/usc/16/3839aa–1.md?p=8), of the option to receive advance [payments](/usc/16/3839aa–1.md?p=5) under [clause (i)](#d-4-B-i); and
        - (II) document the election of each producer described in [subparagraph (A)](#d-4-A) to receive advance [payments](/usc/16/3839aa–1.md?p=5) under [clause (i)](#d-4-B-i) with respect to each [practice](/usc/16/3839aa–1.md?p=6) that has costs described in that clause.
  - (5) **Financial assistance from other sources—** Except as provided in [paragraph (6)](#d-6), any [payments](/usc/16/3839aa–1.md?p=5) received by a producer from a [State](/usc/16/3801.md?p=a-24) or private organization or [person](/usc/16/3801.md?p=a-19) for the implementation of one or more [practices](/usc/16/3839aa–1.md?p=6) on [eligible land](/usc/16/3839aa–1.md?p=2-A) of the producer shall be in [addition](/usc/16/410r–5.md?p=c-2) to the [payments](/usc/16/3839aa–1.md?p=5) provided to the producer under this subsection.
  - (6) **Other payments—** A producer shall not be eligible for [payments](/usc/16/3839aa–1.md?p=5) for [practices](/usc/16/3839aa–1.md?p=6) on [eligible land](/usc/16/3839aa–1.md?p=2-A) under the [program](/usc/16/3839aa–1.md?p=8) if the producer receives [payments](/usc/16/3839aa–1.md?p=5) or other benefits for the same [practice](/usc/16/3839aa–1.md?p=6) on the same land under another [program](/usc/16/3839aa–1.md?p=8) under this subchapter.
  - (7) **Increased payments for high-priority practices—**
    - (A) **State determination—** Each [State](/usc/16/3801.md?p=a-24), in consultation with the [State](/usc/16/3801.md?p=a-24) technical committee established under [section 3861(a) of this title](/usc/16/3861.md?p=a) for the [State](/usc/16/3801.md?p=a-24), may designate not more than 10 [practices](/usc/16/3839aa–1.md?p=6) to be eligible for increased [payments](/usc/16/3839aa–1.md?p=5) under [subparagraph (B)](#d-7-B), on the condition that the [practice](/usc/16/3839aa–1.md?p=6), as determined by the [Secretary](/usc/16/3801.md?p=a-21)—
      - (i) addresses specific causes of impairment relating to excessive nutrients in groundwater or surface water;
      - (ii) addresses the conservation of water to advance drought mitigation and declining aquifers;
      - (iii) meets other environmental priorities and other [priority resource concerns](/usc/16/3839aa–1.md?p=7) identified in habitat or other [area](/usc/16/539m–1.md?p=1-A) restoration plans; or
      - (iv) is geographically targeted to address a natural resource concern in a specific watershed.
    - (B) **Increased payments—** Notwithstanding [paragraph (2)](#d-2), in the case of a [practice](/usc/16/3839aa–1.md?p=6) designated under [subparagraph (A)](#d-7-A), the [Secretary](/usc/16/3801.md?p=a-21) may increase the amount that would otherwise be provided for a [practice](/usc/16/3839aa–1.md?p=6) under this subsection to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training.
- (e) **Modification or termination of contracts—**
  - (1) **Voluntary modification or termination—** The [Secretary](/usc/16/3801.md?p=a-21) may modify or terminate a contract entered into with a producer under the [program](/usc/16/3839aa–1.md?p=8) if—
    - (A) the producer agrees to the modification or termination; and
    - (B) the [Secretary](/usc/16/3801.md?p=a-21) determines that the modification or termination is in the public interest.
  - (2) **Involuntary termination—** The [Secretary](/usc/16/3801.md?p=a-21) may terminate a contract under the [program](/usc/16/3839aa–1.md?p=8) if the [Secretary](/usc/16/3801.md?p=a-21) determines that the producer violated the contract.
- (f) **Allocation of funding—**
  - (1) **Livestock—** For each of fiscal years 2019 through 2023, at least 50 percent of the funds made available for [payments](/usc/16/3839aa–1.md?p=5) under the [program](/usc/16/3839aa–1.md?p=8) shall be targeted at [practices](/usc/16/3839aa–1.md?p=6) relating to [livestock](/usc/16/3801.md?p=a-17) production, including grazing management [practices](/usc/16/3839aa–1.md?p=6).
  - (2) **Wildlife habitat—**
    - (A) **Fiscal years 2014 through 2018—** For each of fiscal years 2014 through 2018, at least 5 percent of the funds made available for [payments](/usc/16/3839aa–1.md?p=5) under the [program](/usc/16/3839aa–1.md?p=8) shall be targeted at [practices](/usc/16/3839aa–1.md?p=6) benefitting wildlife habitat under [subsection (g)](#g).
    - (B) **Fiscal years 2019 through 2031—** For each of fiscal years 2019 through 2031, at least 10 percent of the funds made available for [payments](/usc/16/3839aa–1.md?p=5) under the [program](/usc/16/3839aa–1.md?p=8) shall be targeted at [practices](/usc/16/3839aa–1.md?p=6) benefitting wildlife habitat under [subsection (g)](#g).
- (g) **Wildlife habitat incentive program—**
  - (1) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide [payments](/usc/16/3839aa–1.md?p=5) under the environmental quality incentives [program](/usc/16/3839aa–1.md?p=8) for conservation [practices](/usc/16/3839aa–1.md?p=6) that support the restoration, development, protection, and improvement of wildlife habitat on [eligible land](/usc/16/3839aa–1.md?p=2-A), including—
    - (A) upland wildlife habitat;
    - (B) [wetland](/usc/16/3801.md?p=a-27) wildlife habitat;
    - (C) habitat for threatened and endangered species;
    - (D) fish habitat;
    - (E) habitat on pivot corners and other irregular [areas](/usc/16/539m–1.md?p=1-A) of a [field](/usc/16/3801.md?p=a-9); and
    - (F) other types of wildlife habitat, as determined by the [Secretary](/usc/16/3801.md?p=a-21).
  - (2) **State technical committee—** In determining the [practices](/usc/16/3839aa–1.md?p=6) eligible for [payment](/usc/16/3839aa–1.md?p=5) under [paragraph (1)](#g-1) and targeted for funding under [subsection (f)](#f), the [Secretary](/usc/16/3801.md?p=a-21) shall consult with the relevant [State](/usc/16/3801.md?p=a-24) technical committee not less often than once each year.
  - (3) **Maximum term—** In the case of a contract under the [program](/usc/16/3839aa–1.md?p=8) entered into solely for the establishment of 1 or more annual management [practices](/usc/16/3839aa–1.md?p=6) for the benefit of wildlife as described in [paragraph (1)](#g-1), notwithstanding any maximum contract term established by the [Secretary](/usc/16/3801.md?p=a-21), the contract shall have a term that does not exceed 10 years.
  - (4) **Included practices—** For the purpose of providing seasonal [wetland](/usc/16/3801.md?p=a-27) habitat for waterfowl and migratory birds, a [practice](/usc/16/3839aa–1.md?p=6) that is eligible for [payment](/usc/16/3839aa–1.md?p=5) under [paragraph (1)](#g-1) and targeted for funding under [subsection (f)](#f) may include—
    - (A) a [practice](/usc/16/3839aa–1.md?p=6) to carry out postharvest flooding; or
    - (B) a [practice](/usc/16/3839aa–1.md?p=6) to maintain the hydrology of temporary and seasonal [wetlands](/usc/16/3801.md?p=a-27) of not more than 2 acres to maintain waterfowl and migratory bird habitat on working cropland.
- (h) **Water conservation or irrigation efficiency practice—**
  - (1) **Availability of payments—** The [Secretary](/usc/16/3801.md?p=a-21) may provide water conservation and system efficiency [payments](/usc/16/3839aa–1.md?p=5) under this subsection to an entity described in [paragraph (2)](#h-2) or a producer for—
    - (A) water conservation scheduling, water distribution efficiency, soil moisture monitoring, or an appropriate combination thereof;
    - (B) irrigation-related structural or other measures that conserve surface water or groundwater, including managed aquifer recovery [practices](/usc/16/3839aa–1.md?p=6); or
    - (C) a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation.
  - (2) **Eligibility of certain entities—**
    - (A) **In general—** Notwithstanding [section 1308(f)(6) of title 7](/usc/7/1308.md?p=f-6), the [Secretary](/usc/16/3801.md?p=a-21) may enter into a contract under this subsection with a [State](/usc/16/3801.md?p=a-24), irrigation district, groundwater management district, acequia, land-grant mercedes, or similar entity under a streamlined contracting process to implement water conservation or irrigation [practices](/usc/16/3839aa–1.md?p=6) under a watershed-wide [project](/usc/16/410r–5.md?p=c-4) that will effectively conserve water, provide [fish and wildlife](/usc/16/3102.md?p=17) habitat, or provide for drought-related environmental mitigation, as determined by the [Secretary](/usc/16/3801.md?p=a-21).
    - (B) **Implementation—** Water conservation or irrigation [practices](/usc/16/3839aa–1.md?p=6) that are the subject of a contract entered into under [subparagraph (A)](#h-2-A) shall be implemented on—
      - (i) [eligible land](/usc/16/3839aa–1.md?p=2-A) of a producer; or
      - (ii) land that is—
        - (I) under the control of an irrigation district, groundwater management district, acequia, land-grant mercedes, or similar entity; and
        - (II) adjacent to [eligible land](/usc/16/3839aa–1.md?p=2-A) described in [clause (i)](#h-2-B-i), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
    - (C) **Waiver authority—** The [Secretary](/usc/16/3801.md?p=a-21) may waive the applicability of the limitations in [section 1308–3a(b) of title 7](/usc/7/1308–3a.md?p=b) or [section 3839aa–7 of this title](/usc/16/3839aa–7.md) for a [payment](/usc/16/3839aa–1.md?p=5) made under a contract entered into under this paragraph if the [Secretary](/usc/16/3801.md?p=a-21) determines that the waiver is necessary to fulfill the objectives of the [project](/usc/16/410r–5.md?p=c-4).
    - (D) **Contract limitations—** If the [Secretary](/usc/16/3801.md?p=a-21) grants a waiver under [subparagraph (C)](#h-2-C), the [Secretary](/usc/16/3801.md?p=a-21) may impose a separate [payment](/usc/16/3839aa–1.md?p=5) limitation for the contract with respect to which the waiver applies.
  - (3) **Priority—** In providing [payments](/usc/16/3839aa–1.md?p=5) under this subsection for a water conservation or irrigation [practice](/usc/16/3839aa–1.md?p=6), the [Secretary](/usc/16/3801.md?p=a-21) shall give priority to applications in which—
    - (A) consistent with the law of the [State](/usc/16/3801.md?p=a-24) in which the land on which the [practices](/usc/16/3839aa–1.md?p=6) will be implemented is located, there is a reduction in water use in the operation on that land; or
    - (B) except in the case of an application under [paragraph (2)](#h-2), the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated production, unless the producer is participating in a watershed-wide [project](/usc/16/410r–5.md?p=c-4) that will effectively conserve water, as determined by the [Secretary](/usc/16/3801.md?p=a-21).
  - (4) **Effect—** Nothing in this subsection authorizes the [Secretary](/usc/16/3801.md?p=a-21) to modify the process for determining the annual allocation of funding to [States](/usc/16/544.md?p=r) under the [program](/usc/16/3839aa–1.md?p=8).
- (i) **Payments for conservation practices related to organic production—**
  - (1) **Payments authorized—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide [payments](/usc/16/3839aa–1.md?p=5) under this subsection for conservation [practices](/usc/16/3839aa–1.md?p=6), on some or all of the operations of a producer, related—
    - (A) to organic production; and
    - (B) to the transition to organic production.
  - (2) **Eligibility requirements—** As a condition for receiving [payments](/usc/16/3839aa–1.md?p=5) under this subsection, a producer shall agree—
    - (A) to develop and carry out an [organic system plan](/usc/16/3839aa–1.md?p=4); or
    - (B) to develop and implement conservation [practices](/usc/16/3839aa–1.md?p=6) for certified organic production that are consistent with an [organic system plan](/usc/16/3839aa–1.md?p=4) and the purposes of this subpart.
  - (3) **Payment limitations—**
    - (A) **In general—** [Payments](/usc/16/3839aa–1.md?p=5) under this subsection to a [person](/usc/16/3801.md?p=a-19) or [legal entity](/usc/16/3801.md?p=a-19), directly or indirectly, may not exceed, in the aggregate—
      - (i) through fiscal year 2018—
        - (I) $20,000 per year; or
        - (II) $80,000 during any 6-year period; and
      - (ii) during the period of fiscal years 2019 through 2023, $140,000.
    - (B) **Technical assistance—** In applying the limitations under [subparagraph (A)](#i-3-A), the [Secretary](/usc/16/3801.md?p=a-21) shall not [take](/usc/16/3102.md?p=18) into account [payments](/usc/16/3839aa–1.md?p=5) received for [technical assistance](/usc/16/3801.md?p=a-25).
  - (4) **Exclusion of certain organic certification costs—** [Payments](/usc/16/3839aa–1.md?p=5) may not be made under this subsection to cover the costs associated with organic certification that are eligible for cost-share [payments](/usc/16/3839aa–1.md?p=5) under [section 6523 of title 7](/usc/7/6523.md).
  - (5) **Termination of contracts—** The [Secretary](/usc/16/3801.md?p=a-21) may cancel or otherwise nullify a contract to provide [payments](/usc/16/3839aa–1.md?p=5) under this subsection if the [Secretary](/usc/16/3801.md?p=a-21) determines that the producer—
    - (A) is not pursuing organic certification; or
    - (B) is not in compliance with the Organic Foods Production Act of 1990 ([7 U.S.C. 6501](/usc/7/6501.md) et seq).
- (j) **Conservation incentive contracts—**
  - (1) **Identification of eligible priority resource concerns for States—**
    - (A) **In general—** The [Secretary](/usc/16/3801.md?p=a-21), in consultation with the applicable [State](/usc/16/3801.md?p=a-24) technical committee established under [section 3861(a) of this title](/usc/16/3861.md?p=a), shall identify watersheds (or other appropriate regions or [areas](/usc/16/539m–1.md?p=1-A) within a [State](/usc/16/3801.md?p=a-24)) and the corresponding [priority resource concerns](/usc/16/3839aa–1.md?p=7) for those watersheds or other regions or [areas](/usc/16/539m–1.md?p=1-A) that are eligible to be the subject of an incentive contract under this subsection.
    - (B) **Limitation—** For each of the relevant land uses within the watersheds, regions, or other [areas](/usc/16/539m–1.md?p=1-A) identified under [subparagraph (A)](#j-1-A), the [Secretary](/usc/16/3801.md?p=a-21) shall identify not more than 3 eligible [priority resource concerns](/usc/16/3839aa–1.md?p=7).
  - (2) **Contracts—**
    - (A) **Authority—**
      - (i) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall enter into contracts with producers under this subsection that require the implementation, adoption, management, and maintenance of [incentive practices](/usc/16/3839aa–1.md?p=3) that effectively address at least 1 eligible [priority resource concern](/usc/16/3839aa–1.md?p=7) identified under [paragraph (1)](#j-1) for the term of the contract.
      - (ii) **Inclusions—** Through a contract entered into under [clause (i)](#j-2-A-i), the [Secretary](/usc/16/3801.md?p=a-21) may provide—
        - (I) funding, through annual [payments](/usc/16/3839aa–1.md?p=5), for certain [incentive practices](/usc/16/3839aa–1.md?p=3) to attain increased levels of conservation on [eligible land](/usc/16/3839aa–1.md?p=2-A); or
        - (II) assistance, through a [practice](/usc/16/3839aa–1.md?p=6) [payment](/usc/16/3839aa–1.md?p=5), to implement an [incentive practice](/usc/16/3839aa–1.md?p=3).
    - (B) **Term—** A contract under this subsection shall have a term of not less than 5, and not more than 10, years.
    - (C) **Prioritization—** Notwithstanding [section 3839aa–3 of this title](/usc/16/3839aa–3.md), the [Secretary](/usc/16/3801.md?p=a-21) shall develop criteria for evaluating [incentive practice](/usc/16/3839aa–1.md?p=3) applications that—
      - (i) give priority to applications that address eligible [priority resource concerns](/usc/16/3839aa–1.md?p=7) identified under [paragraph (1)](#j-1); and
      - (ii) evaluate applications relative to other applications for similar agriculture and forest operations.
  - (3) **Incentive practice payments—**
    - (A) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide [payments](/usc/16/3839aa–1.md?p=5) to producers through contracts entered into under [paragraph (2)](#j-2) for—
      - (i) adopting and installing [incentive practices](/usc/16/3839aa–1.md?p=3); and
      - (ii) managing, maintaining, and improving the [incentive practices](/usc/16/3839aa–1.md?p=3) for the duration of the contract, as determined appropriate by the [Secretary](/usc/16/3801.md?p=a-21).
    - (B) **Payment amounts—** In determining the amount of [payments](/usc/16/3839aa–1.md?p=5) under [subparagraph (A)](#j-3-A), the [Secretary](/usc/16/3801.md?p=a-21) shall consider, to the extent practicable—
      - (i) the level and extent of the [incentive practice](/usc/16/3839aa–1.md?p=3) to be installed, adopted, completed, maintained, managed, or improved;
      - (ii) the cost of the installation, adoption, completion, management, maintenance, or improvement of the [incentive practice](/usc/16/3839aa–1.md?p=3);
      - (iii) income foregone by the producer, including [payments](/usc/16/3839aa–1.md?p=5), as appropriate, to address—
        - (I) increased economic risk;
        - (II) loss in revenue due to anticipated reductions in yield; and
        - (III) economic losses during transition to a resource-conserving cropping system or resource-conserving land use; and
      - (iv) the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the [incentive practice](/usc/16/3839aa–1.md?p=3).
    - (C) **Delivery of payments—** In making [payments](/usc/16/3839aa–1.md?p=5) under [subparagraph (A)](#j-3-A), the [Secretary](/usc/16/3801.md?p=a-21) shall, to the extent practicable—
      - (i) in the case of annual [payments](/usc/16/3839aa–1.md?p=5) under [paragraph (2)(A)(ii)(I)](#j-2-A-ii-I), make those [payments](/usc/16/3839aa–1.md?p=5) as soon as practicable after October 1 of each fiscal year for which increased levels of conservation are maintained during the term of the contract; and
      - (ii) in the case of [practice](/usc/16/3839aa–1.md?p=6) [payments](/usc/16/3839aa–1.md?p=5) under [paragraph (2)(A)(ii)(II)](#j-2-A-ii-II), make those [payments](/usc/16/3839aa–1.md?p=5) as soon as practicable on the implementation of an [incentive practice](/usc/16/3839aa–1.md?p=3).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 99–198, title XII, § 1240B, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 254; amended Pub. L. 108–447, div. A, title VII, § 794(a), Dec. 8, 2004, 118 Stat. 2852; Pub. L. 109–171, title I, § 1203(a), Feb. 8, 2006, 120 Stat. 6; Pub. L. 110–234, title II, § 2503, May 22, 2008, 122 Stat. 1059; Pub. L. 110–246, § 4(a), title II, § 2503, June 18, 2008, 122 Stat. 1664, 1787; Pub. L. 112–55, div. A, title VII, § 716(c), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–76, div. A, title VII, § 750(a), Jan. 17, 2014, 128 Stat. 42; Pub. L. 113–79, title II, § 2203, Feb. 7, 2014, 128 Stat. 729; Pub. L. 115–123, div. F, § 60102(a), Feb. 9, 2018, 132 Stat. 312; Pub. L. 115–334, title II, §§ 2301(d)(1)(F), 2304, Dec. 20, 2018, 132 Stat. 4554, 4556; Pub. L. 117–169, title II, § 21001(c)(1), Aug. 16, 2022, 136 Stat. 2017.)

## Notes

### Editorial Notes

### References in Text

Section 2279(e) of title 7, referred to in subsec. (d)(4)(A), was redesignated section 2279(a) of title 7 by Pub. L. 115–334, title XII, § 12301(b)(3), Dec. 20, 2018, 132 Stat. 4951.

The Organic Foods Production Act of 1990, referred to in subsec. (i)(5)(B), 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–2, Pub. L. 99–198, title XII, § 1240B, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 998, related to establishment and administration of environmental quality incentives program, prior to the general amendment of this part by Pub. L. 107–171.

### Amendments

2022—Subsec. (a). Pub. L. 117–169, § 21001(c)(1)(A), substituted “2031” for “2023”.

Subsec. (f)(2)(B). Pub. L. 117–169, § 21001(c)(1)(B), substituted “2031” for “2023” in heading and text.

2018—Subsec. (a). Pub. L. 115–334, § 2304(a), substituted “2023” for “2019”.

Pub. L. 115–123 added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “During each of the 2002 through 2018 fiscal years, the Secretary shall provide payments to producers that enter into contracts with the Secretary under the program.”

Subsec. (d)(4)(B)(i). Pub. L. 115–334, § 2304(b)(1)(A), substituted “On an election by a producer described in subparagraph (A), the Secretary shall provide at least 50 percent of the amount determined under subparagraph (A) in advance for all costs related to purchasing materials or contracting” for “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”.

Subsec. (d)(4)(B)(iii). Pub. L. 115–334, § 2304(b)(1)(B), added cl. (iii).

Subsec. (d)(7). Pub. L. 115–334, § 2304(b)(2), added par. (7).

Subsec. (f)(1). Pub. L. 115–334, § 2304(c)(1), substituted “2019 through 2023” for “2014 through 2018”, “50 percent” for “60 percent”, and “production, including grazing management practices” for “production”.

Subsec. (f)(2). Pub. L. 115–334, § 2304(c)(2), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (g)(3), (4). Pub. L. 115–334, § 2304(d), added pars. (3) and (4).

Subsec. (h)(1). Pub. L. 115–334, § 2304(e)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary may provide payments under this subsection to a producer for a water conservation or irrigation practice.”

Subsec. (h)(2). Pub. L. 115–334, § 2304(e)(3), added par. (2). Former par. (2) redesignated (3).

Subsec. (h)(3). Pub. L. 115–334, § 2304(e)(2), (4)(A), redesignated par. (2) as (3) and substituted “payments under this subsection” for “payments to a producer” in introductory provisions.

Subsec. (h)(3)(A). Pub. L. 115–334, § 2304(e)(4)(B), substituted “State in which the land on which the practices will be implemented is located, there is a reduction in water use in the operation on that land” for “State in which the eligible land of the producer is located, there is a reduction in water use in the operation of the producer”.

Subsec. (h)(3)(B). Pub. L. 115–334, § 2304(e)(4)(C), inserted “except in the case of an application under paragraph (2),” before “the producer agrees”.

Subsec. (h)(4). Pub. L. 115–334, § 2304(e)(5), added par. (4).

Subsec. (i)(2)(B). Pub. L. 115–334, § 2301(d)(1)(F), substituted “this subpart” for “this part”.

Subsec. (i)(3). Pub. L. 115–334, § 2304(f), designated first and second sentences as subpars. (A) and (B), respectively, and inserted headings; in subpar. (A), substituted “aggregate—” for “aggregate, $20,000 per year or $80,000 during any 6-year period.” and added cls. (i) and (ii); and, in subpar. (B), substituted “In applying the limitations under subparagraph (A)” for “In applying these limitations”.

Subsec. (j). Pub. L. 115–334, § 2304(g), added subsec. (j).

2014—Subsec. (a). Pub. L. 113–79, § 2203(1), which directed substitution of “2018” for “2014”, was executed by making the substitution for “2015” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 113–76. See below.

Pub. L. 113–76 substituted “2015” for “2014”.

Subsec. (b)(2). Pub. L. 113–79, § 2203(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “A contract under the program shall have a term that—

“(A) at a minimum, is equal to the period beginning on the date on which the contract is entered into and ending on the date that is one year after the date on which all practices under the contract have been implemented; but

“(B) not to exceed 10 years.”

Subsec. (d)(3)(A) to (G). Pub. L. 113–79, § 2203(3)(A), added subpars. (A) to (G) and struck out former subpars. (A) to (G) which read as follows:

“(A) residue management;

“(B) nutrient management;

“(C) air quality management;

“(D) invasive species management;

“(E) pollinator habitat;

“(F) animal carcass management technology; or

“(G) pest management.”

Subsec. (d)(4)(A). Pub. L. 113–79, § 2203(3)(B)(i), in introductory provisions, inserted “, a veteran farmer or rancher (as defined in section 2279(e) of title 7),” before “or a beginning farmer or rancher”.

Subsec. (d)(4)(B). Pub. L. 113–79, § 2203(3)(B)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “Not more than 30 percent of the amount determined under subparagraph (A) may be provided in advance for the purpose of purchasing materials or contracting.”

Subsec. (f). Pub. L. 113–79, § 2203(4), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “For each of fiscal years 2002 through 2012, 60 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production.”

Subsec. (g). Pub. L. 113–79, § 2203(5), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “The Secretary may enter into alternative funding arrangements with federally recognized Native American Indian Tribes and Alaska Native Corporations (including their affiliated membership organizations) if the Secretary determines that the goals and objectives of the program will be met by such arrangements, and that statutory limitations regarding contracts with individual producers will not be exceeded by any Tribal or Native Corporation member.”

2011—Subsec. (a). Pub. L. 112–55 substituted “2014” for “2012”.

2008—Pub. L. 110–246, § 2503, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (h) relating to provision of cost-share payments and incentive payments, application and term of a contract, bidding down, payment amounts, incentive payments, modification or termination of contracts, allocation of funding for fiscal years 2002 through 2007, and funding for federally recognized Native American Indian Tribes and Alaska Native Corporations.

2006—Subsec. (a)(1). Pub. L. 109–171 substituted “2010” for “2007”.

2004—Subsec. (h). Pub. L. 108–447 added subsec. (h).

### 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.