§3839aa–1 — Title 16 Conservation | U.S. Code

§3839aa–1 Definitions

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–1

Last updated Apr 6, 2026|Official source

Summary

Defines key words used for the environmental quality incentives program so people know what the main terms mean. Conservation planning assessment is a report, approved by the Secretary, prepared by a state or local government, a federal agency, or a certified third party that evaluates rangeland or cropland, lists conservation actions to improve ecology and economics, and can be added to the program’s required planning. Eligible land is land that produces crops, livestock, or forest products and includes cropland, grassland, rangeland, pasture, nonindustrial private forest, and other agricultural areas like cropped woodland, marshes, sensitive areas, and land used for animals when program contracts can address resource concerns. Incentive practice is an approved practice or group of practices that, when used on eligible land, addresses one or more priority resource concerns. Organic system plan is an organic plan approved under the national organic program. Payment is the financial help given to a producer for doing practices, covering planning, design, materials, equipment, installation, labor, management, maintenance, training, and income lost. Practice means improvements or conservation activities for eligible land (like structural, land management, vegetative, forest work, soil testing and soil remediation) and related planning activities (like nutrient plans, crop rotation planning, soil health planning, conservation planning assessments, and precision planning). Priority resource concern is a natural resource problem the Secretary identifies as a priority at the national, State, or local level and that is a significant concern in a State or region. Program means the environmental quality incentives program. Soil remediation means science‑based steps to protect producers from soil contaminants, keep contaminants out of food or feed, and restore and sustain soil. Soil testing means checking soil health, including nutrient and organic matter levels, possible contaminants (like heavy metals or volatile organic compounds), and physical and biological signs of proper soil functioning.

Title 16, §3839aa–1

Conservation — Source: USLM XML via OLRC

In this subpart:

(1)The term “conservation planning assessment” means a report, as determined by the Secretary, that—

(A)is developed by—

(i)a State or unit of local government (including a conservation district);

(ii)a Federal agency; or

(iii)a third-party provider certified under section 3842(e) of this title (including a certified rangeland professional);

(B)assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and

(C)can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture.

(2)(A)The term “eligible land” means land on which agricultural commodities, livestock, or forest-related products are produced.

(B)The term “eligible land” includes the following:

(i)Cropland.

(ii)Grassland.

(iii)Rangeland.

(iv)Pasture land.

(v)Nonindustrial private forest land.

(vi)Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.

(3)The term “incentive practice” means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.

(4)The term “organic system plan” means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).

(5)The term “payment” means financial assistance provided to a producer for performing practices under this subpart, including compensation for—

(A)incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and

(B)income forgone by the producer.

(6)The term “practice” means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including—

(A)improvements to eligible land of the producer, including—

(i)structural practices;

(ii)land management practices;

(iii)vegetative practices;

(iv)forest management;

(v)soil testing;

(vi)soil remediation to be carried out by the producer; and

(vii)other practices that the Secretary determines would further the purposes of the program; and

(B)conservation activities involving the development of plans appropriate for the eligible land of the producer, including—

(i)comprehensive nutrient management planning;

(ii)planning for resource-conserving crop rotations (as defined in section 3839aa–24(d)(1) of this title);

(iii)soil health planning, including increasing soil organic matter and the use of cover crops;

(iv)a conservation planning assessment;

(v)precision conservation management planning; and

(vi)other plans that the Secretary determines would further the purposes of the program under this subpart.

(7)The term “priority resource concern” means a natural resource concern or problem, as determined by the Secretary, that—

(A)is identified at the national, State, or local level as a priority for a particular area of a State; and

(B)represents a significant concern in a State or region.

(8)The term “program” means the environmental quality incentives program established by this subpart.

(9)The term “soil remediation” means scientifically based practices that—

(A)ensure the safety of producers from contaminants in soil;

(B)limit contaminants in soil from entering agricultural products for human or animal consumption; and

(C)regenerate and sustain the soil.

(10)The term “soil testing” means the evaluation of soil health, including testing for—

(A)the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and

(B)the biological and physical characteristics indicative of proper soil functioning.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Organic Foods Production Act of 1990, referred to in par. (4), 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–1, Pub. L. 99–198, title XII, § 1240A, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 997, related to definitions of terms, prior to the general amendment of this part by Pub. L. 107–171.

Amendments

2018—Pub. L. 115–334, § 2301(d)(1)(E), substituted “this subpart” for “this part” wherever appearing. Par. (1). Pub. L. 115–334, § 2303(2), added par. (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 115–334, § 2303(1), (3), redesignated par. (1) as (2) and, in subpar. (B)(vi), inserted “environmentally sensitive areas,” after “marshes,” and “identified or expected” before “resource concerns”. Former par. (2) redesignated (4). Par. (3). Pub. L. 115–334, § 2303(4), added par. (3). Former par. (3) redesignated (5). Pars. (4), (5). Pub. L. 115–334, § 2303(1), redesignated pars. (2) and (3) as (4) and (5), respectively. Former pars. (4) and (5) redesignated (6) and (8), respectively. Par. (6). Pub. L. 115–334, § 2303(1), (5), redesignated par. (4) as (6); in subpar. (A), added cls. (v) and (vi) and redesignated former cl. (v) as (vii); and, in subpar. (B), added cls. (ii) to (v) and redesignated former cl. (ii) as (vi). Par. (7). Pub. L. 115–334, § 2303(6), added par. (7). Par. (8). Pub. L. 115–334, § 2303(1), redesignated par. (5) as (8). Pars. (9), (10). Pub. L. 115–334, § 2303(7), added pars. (9) and (10). 2014—Pars. (2) to (6). Pub. L. 113–79 redesignated pars. (3) to (6) as (2) to (5), respectively, inserted “established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)” after “national organic program” in par. (2), and struck out former par. (2). Text of former par. (2) read as follows: “The term ‘national organic program’ means the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et. seq.).” 2008—Pub. L. 110–246, § 2502, amended section generally. Prior to amendment, section defined “beginning farmer or rancher”, “eligible land”, “land management practice”, “livestock”, “practice”, and “structural practice”.

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.

§3839aa–1 Definitions

Summary

Title 16, §3839aa–1

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Amendments

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata