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Code · STATUTE-COMPILATIONS · Agriculture Improvement Act of 2018 · Sec. 2301

Sec. 2301. REPEAL OF CONSERVATION PROGRAMS

1,607 words·~7 min read·/statute-compilations/comps-15214/sec-2301

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## SEC. 2301 REPEAL OF CONSERVATION PROGRAMS ###
(a)In General Chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended— ####
(1)by striking the chapter designation and heading and inserting the following: > > ## “CHAPTER 4 ENVIRONMENTAL QUALITY INCENTIVES PROGRAM AND CONSERVATION STEWARDSHIP PROGRAM > > > ### “Subchapter A Environmental Quality Incentives Program” > ; and ####
(2)by inserting after section 1240H the following: > > ### “Subchapter B Conservation Stewardship Program” > . ###
(b)Conservation Stewardship Program Subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) is amended— ####
(1)by redesignating sections 1238D through 1238G as sections 1240I through 1240L, respectively; and ####
(2)by moving sections 1240I through 1240L (as so redesignated) so as to appear after the subchapter heading for subchapter B of chapter 4 of subtitle D of title XII of that Act (as added by subsection (a)(2)). ###
(c)Repeal ####
(1)In general Chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) (as amended by subsection (b)) is repealed. ####
(2)Termination of conservation stewardship program **[**[16 U.S.C. 3838d note](/us/usc/t16/s3838d)**]** Effective on the date of enactment of this Act, the conservation stewardship program under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act) shall cease to be effective. ####
(3)Transitional provisions #####
(A)Effect on existing contracts and agreements The cessation of effectiveness under paragraph
(2)shall not affect— ######
(i)the validity or terms of any contract entered into by the Secretary under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) before the date of enactment of this Act, or any payments, modifications, or technical assistance required to be made in connection with the contract; or ######
(ii)subject to subparagraph (D), any agreement entered into by the Secretary under the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 (16 U.S.C. 3871 et seq.) on or before September 30, 2018, under which conservation stewardship program acres and associated funding have been allocated to the agreement for the purpose of entering into a contract under subchapter B of chapter 2 of subtitle D of title XII of that Act (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act). #####
(B)Extension permitted Notwithstanding paragraph (2), the Secretary may extend for 1 year a contract described in subparagraph (A)(i) if that contract expires on or before December 31, 2019, under the terms and payment rate of the existing contract and in accordance with subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act). #####
(C)Renewal not permitted ######
(i)In general Notwithstanding subparagraph (A), and subject to clause (ii), the Secretary may not renew a contract or agreement described in that subparagraph. ######
(ii)Exception The Secretary may renew a contract described in subparagraph (A)(i)— ######
(I)if that contract expires on or after December 31, 2019; ######
(II)under the terms of the conservation stewardship program under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (as added by subsections (a)(2) and (b)); and ######
(III)subject to the limitation on funding for that subchapter under section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841). #####
(D)RCPP contracts ######
(i)Treatment of acreage In the case of an agreement described in subparagraph (A)(ii), the Secretary may provide an amount of funding that is equivalent to the value of any acres covered by the agreement. ######
(ii)Funds and acres not obligated In the case of an agreement described in subparagraph (A)(ii) to which program acres and associated funding have been allocated but not yet obligated to enter into a contract under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act)— ######
(I)the Secretary shall modify the agreement to authorize the entrance into a contract under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (as added by subsections (a)(2) and (b)); and ######
(II)the funds associated with the conservation stewardship program acres allocated under that agreement, on modification under subclause (I), may be used to enter into conservation stewardship program contracts with producers under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (as added by subsections (a)(2) and (b)). ####
(4)Contract administration Subject to paragraphs (3)(C) and (3)(D)(ii)(II), the Secretary shall administer each contract and agreement described in clauses
(i)and
(ii)of paragraph (3)(A) until the expiration of the contract or agreement in accordance with the regulations to carry out the conservation stewardship program under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act) that are in effect on the day before that date of enactment. ####
(5)Funding Notwithstanding paragraphs
(1)and (2), any funds made available from the Commodity Credit Corporation under section 1241(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(4)) for fiscal years 2014 through 2018 shall be available to carry out— #####
(A)any contract or agreement described in paragraph (3)(A)(i) for fiscal year 2019; #####
(B)any contract or agreement described in paragraph (3)(A)(ii); #####
(C)any contract extended under paragraph (3)(B); and #####
(D)any contract or agreement under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (as added by subsections (a)(2) and (b)). ###
(d)Conforming Amendments ####
(1)Food security act of 1985 #####
(A)Section 1211(a)(3)(A) of the Food Security Act of 1985 (16 U.S.C. 3811(a)(3)(A)) is amended by inserting “subchapter A of” before “chapter 4”. #####
(B)Section 1221(b)(3)(A) of the Food Security Act of 1985 (16 U.S.C. 3821(b)(3)(A)) is amended by inserting “subchapter A of” before “chapter 4”. #####
(C)Section 1240J(b)(1) of the Food Security Act of 1985 (as redesignated by subsection (b)(1)) is amended by striking subparagraph (C). #####
(D)Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is amended in the matter preceding paragraph
(1)by striking “chapter” and inserting “subchapter”. #####
(E)Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is amended by striking “chapter” each place it appears and inserting “subchapter”. #####
(F)Section 1240B(i)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(i)(2)(B)) is amended by striking “chapter” and inserting “subchapter”. #####
(G)Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is amended in the matter preceding paragraph
(1)by striking “chapter” and inserting “subchapter”. #####
(H)Section 1240E(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-5(b)(2)) is amended by striking “chapter” and inserting “subchapter”. #####
(I)Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended by striking “chapter” each place it appears and inserting “subchapter”. #####
(J)Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is amended by striking “chapter” each place it appears and inserting “subchapter”. #####
(K)Section 1244(c)(3) of the Food Security Act of 1985 (16 U.S.C. 3844(c)(3)) is amended by inserting “subchapter A of” before “chapter 4”. #####
(L)Section 1244(l) of the Food Security Act of 1985 (16 U.S.C. 3844(l)) is amended— ######
(i)by striking “chapter 2” and inserting “chapter 4”; and ######
(ii)by inserting “subchapter A of” after “incentives program under”. ####
(2)Other laws #####
(A)Section 344(f)(8) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(8)) is amended by inserting “subchapter A of” before “chapter 4”. #####
(B)Section 377 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1377) is amended by inserting “subchapter A of” before “chapter 4”. #####
(C)Paragraph
(1)of the last proviso of the matter under the heading “conservation reserve program” under the heading “Soil Bank Programs” of title I of the Department of Agriculture and Farm Credit Administration Appropriation Act, 1959 (7 U.S.C. 1831a), is amended by inserting “subchapter A of” before “chapter 4”. #####
(D)Section 8(b)(1) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(1)) is amended by inserting “subchapter A of” before “chapter 4”. #####
(E)Section 1271(c)(3)(C) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C)) is amended by inserting “subchapter A of” before “chapter 4”. #####
(F)Section 304(a)(1) of the Lake Champlain Special Designation Act of 1990 (33 U.S.C. 1270 note; Public Law 101-596) is amended by inserting “subchapter A of” before “chapter 4”. #####
(G)Section 202(c) of the Colorado River Basin Salinity Control Act (43 U.S.C. 1592(c)) is amended by inserting “subchapter A of” before “chapter 4”.
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