§3839aa–21. Definitions — Inbound Citations
16 U.S.C. § 3839aa–21
Cited by 93 provisions in release 119-102.
Citations to §3839aa–21(1)
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(a) To be eligible to participate in the conservation stewardship program, a producer shall submit to the Secretary a contract offer for the agricultural operation that—(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and(2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by—(A) installing and adopting additional conservation activities; and(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
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(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
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(iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program;
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(2) agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by the Secretary; and
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(A) to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation; or
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(B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary.
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(D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation.
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(F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract.
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(i) A producer with an agricultural operation that contains land eligible under this section and land eligible under section 3839aa–23 of this title—(1) may enroll the land eligible under this section through a contract under this section or under section 3839aa–23 of this title; and(2) shall not be prohibited from enrolling the land eligible under section 3839aa–23 of this title through a contract under section 3839aa–23 of this title.
Citations to §3839aa–21(2)(A)
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(1) by undertaking additional conservation activities; and
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(2) by improving, maintaining, and managing existing conservation activities.
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(A) installing and adopting additional conservation activities; and
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(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
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(ii) the degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and
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(i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities;
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(2) agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by the Secretary; and
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(B) to adopt or improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect to not less than 2 existing priority resource concerns that are specified by the Secretary in the initial contract.
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(A) installing and adopting additional conservation activities; and
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(B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary.
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(D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation.
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(F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract.
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(B) conservation activities for which there is no cost incurred or income forgone to the producer.
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(l) Each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the payment rates for conservation activities offered to producers under the program and an analysis of whether payment rates can be reduced for the most expensive conservation activities.
Citations to §3839aa–21(3)
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(i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities;
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(ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and
Citations to §3839aa–21(4)
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(1) Notwithstanding sections 3839aa–21(4) and 3839aa–22(b)(2) of this title, the term “eligible land” means cropland on a farm for which base acres have been maintained by the Secretary under section 9012(d)(3) of title 7.
Citations to §3839aa–21(4)(A)
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(1) Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program:(A) Land enrolled in the conservation reserve program, unless—(i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
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(2) Eligible land used for crop production after December 20, 2018, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet such requirement because—(A) the land had previously been enrolled in the conservation reserve program;(B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or(C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary.
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(c) After a determination that a producer is eligible for a contract or contract renewal under this section, and a determination that the contract or contract renewal offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract or contract renewal with the producer to enroll the eligible land to be covered by the contract or contract renewal.
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(C) permit all economic uses of the eligible land that—(i) maintain the agricultural nature of the land; and(ii) are consistent with the conservation purposes of the conservation stewardship contract;
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(A) At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land.
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(i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in eligible land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred;
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(1) primarily on each State’s proportion of eligible land to the total acreage of eligible land in all States; and
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(1) Notwithstanding sections 3839aa–21(4) and 3839aa–22(b)(2) of this title, the term “eligible land” means cropland on a farm for which base acres have been maintained by the Secretary under section 9012(d)(3) of title 7.
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(b) The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e).
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(c) Beginning in fiscal year 2019, the Secretary shall provide a 1-time election to enroll eligible land in the initiative under a contract described in subsection (e).
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(1) notwithstanding subsection (b) of section 3839aa–23 of this title, determine under subsection (c) of that section that eligible land ranks sufficiently high under the evaluation criteria described in subsection (b) of that section; and
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(2) enroll the eligible land in the initiative under a contract described in subsection (e).
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(1) Notwithstanding section 3839aa–23(a)(1) of this title, to enroll eligible land in the initiative under a grassland conservation contract, a producer shall agree—(A) to meet or exceed the stewardship threshold for not less than 1 priority resource concern by the date on which the contract expires; and(B) to comply with the terms and conditions of the contract.
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(f) The grassland conservation plan developed for eligible land shall be limited to—(1) eligible land; and(2) resource concerns and activities relating to grassland.
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(1) eligible land; and
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(1) Beginning in fiscal year 2019, of the funds made available for this subpart under section 3841(a)(3)(B) of this title, and notwithstanding any payment under title I of the Agriculture Improvement Act of 2018, an amendment made by that title, or section 3839aa–24(c) of this title, the Secretary shall make annual grassland conservation contract payments to the producer of any eligible land that is the subject of a grassland conservation contract under this section.
Citations to §3839aa–21(5)
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(a) During each of fiscal years 2019 through 2031, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner—(1) by undertaking additional conservation activities; and(2) by improving, maintaining, and managing existing conservation activities.
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(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and
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(2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by—(A) installing and adopting additional conservation activities; and(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
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(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at the time of submission of the application;
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(3) The Secretary may develop and use such additional criteria that the Secretary determines are necessary to ensure that national, State, and local priority resource concerns are effectively addressed.
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(A) to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation; or
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(B) to adopt or improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect to not less than 2 existing priority resource concerns that are specified by the Secretary in the initial contract.
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(2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and
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(3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2).
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(D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation.
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(F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract.
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(1) In this subsection, the term “comprehensive conservation plan” means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2).
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(A) the number of priority resource concerns addressed in the comprehensive conservation plan; and
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(A) to meet or exceed the stewardship threshold for not less than 1 priority resource concern by the date on which the contract expires; and
Citations to §3839aa–21(6)
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(a) During each of fiscal years 2019 through 2031, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner—(1) by undertaking additional conservation activities; and(2) by improving, maintaining, and managing existing conservation activities.
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(1) Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program:(A) Land enrolled in the conservation reserve program, unless—(i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
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(i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
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(2) Eligible land used for crop production after December 20, 2018, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet such requirement because—(A) the land had previously been enrolled in the conservation reserve program;(B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or(C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary.
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(A) the land had previously been enrolled in the conservation reserve program;
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(a) To be eligible to participate in the conservation stewardship program, a producer shall submit to the Secretary a contract offer for the agricultural operation that—(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and(2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by—(A) installing and adopting additional conservation activities; and(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
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(i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities;
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(ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and
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(iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program;
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(A) At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land.
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(i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in eligible land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred;
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(ii) the transferee meets the eligibility requirements of the program; and
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(a) To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall—(1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year;(2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and(3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2).
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(1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year;
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(A) installing and adopting additional conservation activities; and(B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary.
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(f) A person or legal entity may not receive, directly or indirectly, payments under the program that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2019 through 2023, excluding funding arrangements with Indian tribes, regardless of the number of contracts entered into under the program by the person or legal entity.
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(g) The Secretary shall ensure that outreach and technical assistance are available, and program specifications are appropriate to enable specialty crop and organic producers to participate in the program.
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(1) The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) while participating in a contract under the program.
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(A) Using funds made available for the program for each of fiscal years 2019 through 2031, the Secretary shall allocate funding to States to support organic production and transition to organic production through paragraph (1).
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(j) To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the environmental quality incentives program under subpart A, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.
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(l) Each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the payment rates for conservation activities offered to producers under the program and an analysis of whether payment rates can be reduced for the most expensive conservation activities.
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(b) The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e).
Citations to §3839aa–21(7)
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(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and
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(2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by—(A) installing and adopting additional conservation activities; and(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
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(A) to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation; or
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(3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2).
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(1) In this subsection, the term “comprehensive conservation plan” means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2).
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(A) to meet or exceed the stewardship threshold for not less than 1 priority resource concern by the date on which the contract expires; and