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Title 16, ConservationRelease 119-110

§2005 Soil and Water Conservation Program

Title 16 › CHAPTER 40 — SOIL AND WATER RESOURCES CONSERVATION › § 2005

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Agriculture must create a national soil and water conservation program with help from the public, conservation districts, State and tribal groups, national agencies, and others. The program will guide USDA work that helps landowners and land users, when they ask, to conserve soil and water on private, tribal, and other non-Federal lands. It will be based on the resource appraisal required by section 2004 and will consider short- and long-term needs and the roles of Federal, State, tribal, and local governments. The program must cover: analysis of soil, water, and related problems; a review of current government authorities; an evaluation of how well current programs are working; study and recommendation of conservation methods and their timing; study of using organic wastes on land (including projected costs); what Federal and non-Federal resources are needed; cost–benefit reviews of practices; and analysis of irrigation options and their effects. The Secretary must test, encourage new ideas, monitor results, and seek and review suggestions to improve the program. The initial program must be finished by December 31, 2011 and December 31, 2016, and an update by December 31, 2023.

Full Legal Text

Title 16, §2005

Conservation, Source: USLM XML via OLRC

(a)Program development
The Secretary is hereby authorized and directed to develop in cooperation with and participation by the public through conservation districts, State, tribal, and national organizations and agencies, and other appropriate means, a national soil and water conservation program (hereinafter called the “program”) to be used as a guide in carrying out the activities of the Secretary which assist landowners and land users, at their request, in furthering soil and water conservation on the private, tribal, and non-Federal lands of the Nation. The program shall set forth direction for future soil and water conservation efforts of the United States Department of Agriculture based on the current soil, water, and related resource appraisal developed in accordance with section 2004 of this title, taking into consideration both the long- and short-term needs of the Nation, the landowners, and the land users, and the roles and responsibilities of Federal, State, tribal, and local governments in such conservation efforts. The program shall also include but not be limited to—
(1)analysis of the Nation’s soil, water, and related resource problems;
(2)analysis of existing Federal, State, tribal, and local government authorities and adjustments needed;
(3)an evaluation of the effectiveness of the soil and water conservation ongoing programs and the overall progress being achieved by Federal, State, tribal, and local programs and the landowners and land users in meeting the soil and water conservation objectives of this chapter;
(4)identification and evaluation of alternative methods for the conservation, protection, environmental improvement, and enhancement of soil and water resources, in the context of alternative time frames, and a recommendation of the preferred alternatives and the extent to which they are being implemented;
(5)investigation and analysis of the practicability, desirability, and feasibility of collecting organic waste materials, including manure, crop and food wastes, industrial organic waste, municipal sewage sludge, logging and wood-manufacturing residues, and any other organic refuse, composting, or similarly treating such materials, transporting and placing such materials onto the land to improve soil tilth and fertility. The analysis shall include the projected cost of such collection, transportation, and placement in accordance with sound locally approved soil and water conservation practices;
(6)analysis of the Federal and non-Federal inputs required to implement the program;
(7)analysis of costs and benefits of alternative soil and water conservation practices; and
(8)investigation and analysis of alternative irrigation techniques regarding their costs, benefits, and impact on soil and water conservation, crop production, and environmental factors.
(b)Evaluation of existing conservation programs
In evaluating existing conservation programs, the Secretary shall emphasize demonstration, innovation, and monitoring of specific program components in order to encourage further development and adoption of practices and performance-based standards.
(c)Improvement to program
In developing a national soil and water conservation program under subsection (a), the Secretary shall solicit and evaluate recommendations for improving the program, including the content, scope, process, participation in, and other elements of the program, as determined by the Secretary.
(d)Completion dates
The initial program shall be completed not later than December 31, 2011, and December 31, 2016, and a program update shall be completed by December 31, 2023.

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.

Amendments

2018—Subsec. (d). Pub. L. 115–334 substituted “
December 31, 2016, and a program update shall be completed by
December 31, 2023” for “
December 31, 2016, respectively”. 2014—Subsec. (a). Pub. L. 113–79 inserted “, tribal,” after “conservation districts, State” and “, tribal,” after “private” in introductory provisions, and “, tribal” after “Federal, State” wherever appearing. 2008—Subsecs. (b) to (d). Pub. L. 110–246, § 2804(c), added subsecs. (b) and (c), redesignated former subsec. (b) as (d), and substituted “
December 31, 2011, and
December 31, 2016” for “
December 31, 1979, and program updates shall be completed by
December 31, 1987,
December 31, 1997, and
December 31, 2007”. 1994—Subsec. (a). Pub. L. 103–354 in first sentence of introductory provisions substituted “Secretary” for “Soil Conservation Service” before “which assist”. 1985—Subsec. (b). Pub. L. 99–198 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The program plan shall be completed not later than
December 31, 1979, and be updated at each five-year interval thereafter during the period this chapter is in effect.”

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.

Executive Documents

Transfer of Functions

For transfer of certain

Enforcement

functions of Secretary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 2002 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 2005

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110