16 U.S.C. § 3839aa–1: Definitions

§3839aa–1 Definitions

Title 16 › 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–1

Last updated Sep 22, 2026|Official source

Summary

Defines key words used by the environmental quality incentives program so farmers, agencies, and advisors know what counts. Conservation planning assessment means a report made by a State or local government, a Federal agency, or a certified third-party provider that evaluates rangeland or cropland, lists conservation actions to improve the land, and can be added to the program’s required planning documents. Eligible land covers places that produce farm goods or forest products, including cropland, grassland, rangeland, pasture, nonindustrial private forest land, and other farm areas like cropped woodland, marshes, and sensitive sites. Incentive practice means a Secretary-approved practice or set of practices on eligible land that addresses one or more top resource concerns. Organic system plan means an organic plan approved under the national organic program created by the Organic Foods Production Act of 1990. Payment means money given to a producer to cover planning, installation, materials, labor, training, maintenance, or income lost. Practice means on-farm improvements or planning actions (like soil testing, soil remediation, crop rotation plans, nutrient plans, forest management, or cover crop and precision conservation planning). Priority resource concern means a natural resource problem identified as a priority at the national, State, or local level. Soil remediation means science-based steps to keep farmers safe, stop contaminants from getting into food or feed, and restore soil. Soil testing means checking soil health, including nutrients, contaminants, and biological and physical indicators of soil function.

Title 16, §3839aa–1

Conservation, Source: USLM XML via OLRC

In this subpart:

(1)Conservation planning assessment

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)Eligible land (3) Incentive practice

(A)In general

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

(B)Inclusions

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.

(4)Organic system plan

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)Payment

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

(B)income forgone by the producer.

(6)Practice

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)Priority resource concern

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)Program

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

(9)Soil remediation

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)Soil testing

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

(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