---
kind: "section"
citation: "16 U.S.C. § 3839aa–4"
title: "16"
title_heading: "Conservation"
number: "3839aa–4"
heading: "Duties of producers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3839aa-4"
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–4. Duties of producers


To receive [payments](/usc/16/3839aa–1.md?p=5) under the [program](/usc/16/3839aa–1.md?p=8), a producer shall agree—

- (1) to implement an environmental quality incentives [program](/usc/16/3839aa–1.md?p=8) plan (including a comprehensive nutrient [management plan](/usc/16/544.md?p=k), if applicable) that describes conservation and environmental purposes to be achieved through 1 or more [practices](/usc/16/3839aa–1.md?p=6) that are approved by the [Secretary](/usc/16/3801.md?p=a-21);
- (2) not to conduct any [practices](/usc/16/3839aa–1.md?p=6) on the enrolled land that would tend to defeat the purposes of the [program](/usc/16/3839aa–1.md?p=8);
- (3) on the [violation](/usc/16/620e.md?p=11) of a term or condition of the contract at anytime the producer has control of the land—
  - (A) if the [Secretary](/usc/16/3801.md?p=a-21) determines that the [violation](/usc/16/620e.md?p=11) warrants termination of the contract—
    - (i) to forfeit all rights to receive [payments](/usc/16/3839aa–1.md?p=5) under the contract; and
    - (ii) to refund to the [Secretary](/usc/16/3801.md?p=a-21) all or a portion of the [payments](/usc/16/3839aa–1.md?p=5) received by the [owner](/usc/16/429b–3.md?p=4) or operator under the contract, including any interest on the [payments](/usc/16/3839aa–1.md?p=5), as determined by the [Secretary](/usc/16/3801.md?p=a-21); or
  - (B) if the [Secretary](/usc/16/3801.md?p=a-21) determines that the [violation](/usc/16/620e.md?p=11) does not warrant termination of the contract, to refund to the [Secretary](/usc/16/3801.md?p=a-21), or accept adjustments to, the [payments](/usc/16/3839aa–1.md?p=5) provided to the [owner](/usc/16/429b–3.md?p=4) or operator, as the [Secretary](/usc/16/3801.md?p=a-21) determines to be appropriate;
- (4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the [Secretary](/usc/16/3801.md?p=a-21) to assume all obligations of the contract, to refund all [payments](/usc/16/3839aa–1.md?p=5) received under the [program](/usc/16/3839aa–1.md?p=8), as determined by the [Secretary](/usc/16/3801.md?p=a-21);
- (5) to supply information as required by the [Secretary](/usc/16/3801.md?p=a-21) to determine compliance with the [program](/usc/16/3839aa–1.md?p=8) plan and requirements of the [program](/usc/16/3839aa–1.md?p=8); and
- (6) to comply with such additional provisions as the [Secretary](/usc/16/3801.md?p=a-21) determines are necessary to carry out the [program](/usc/16/3839aa–1.md?p=8) plan.

## Source credit

(Pub. L. 99–198, title XII, § 1240D, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2505, May 22, 2008, 122 Stat. 1062; Pub. L. 110–246, § 4(a), title II, § 2505, June 18, 2008, 122 Stat. 1664, 1790; Pub. L. 113–79, title II, § 2205, Feb. 7, 2014, 128 Stat. 730.)

## Notes

### Editorial Notes

### 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–4, Pub. L. 99–198, title XII, § 1240D, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1000, related to duties of producers, prior to the general amendment of this part by Pub. L. 107–171.

### Amendments

2014—Par. (2). Pub. L. 113–79 substituted “enrolled” for “farm, ranch, or forest”.

2008—Pub. L. 110–246, § 2505(1), struck out “technical assistance, cost-share payments, or incentive” before “payments” in introductory provisions.

Par. (2). Pub. L. 110–246, § 2505(2), substituted “farm, ranch, or forest land” for “farm or ranch”.

Par. (4). Pub. L. 110–246, § 2505(3), struck out “cost-share payments and incentive” before “payments”.

### 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.