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Title 16 — ConservationRelease 119-73

§3839aa–4 Duties of producers

Title 16 › Chapter CHAPTER 58— - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM › Subchapter SUBCHAPTER IV— - AGRICULTURAL RESOURCES CONSERVATION PROGRAM › Part Part IV— - Environmental Quality Incentives Program and Conservation Stewardship Program › Subpart subpart a— - environmental quality incentives program › § 3839aa–4

Last updated Apr 6, 2026|Official source

Summary

To get payments, a producer must carry out an Environmental Quality Incentives Program plan approved by the Secretary, which can include a comprehensive nutrient management plan. The producer must not do anything on the enrolled land that defeats the plan, must give the Secretary information needed to check compliance, and must follow any extra rules the Secretary requires. If the producer breaks a contract term while they control the land, the Secretary can end the contract and require the producer to give up payment rights and repay some or all payments received, including interest. For less serious violations, the Secretary can require repayment or adjust payments. If the producer transfers the land and the new owner does not agree to assume the contract, the producer must return all program payments as the Secretary decides.

Full Legal Text

Title 16, §3839aa–4

Conservation — Source: USLM XML via OLRC

To receive payments under the program, a producer shall agree—
(1)to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary;
(2)not to conduct any practices on the enrolled land that would tend to defeat the purposes of the program;
(3)on the violation of a term or condition of the contract at anytime the producer has control of the land—
(A)if the Secretary determines that the violation warrants termination of the contract—
(i)to forfeit all rights to receive payments under the contract; and
(ii)to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the payments, as determined by the Secretary; or
(B)if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary 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 to assume all obligations of the contract, to refund all payments received under the program, as determined by the Secretary;
(5)to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and
(6)to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan.

Legislative History

Notes & Related Subsidiaries

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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 3839aa–4

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73