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Title 16, ConservationRelease 119-73not60

§3839aa–3 Evaluation of Applications

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–3

Last updated Apr 5, 2026|Official source

Summary

The Secretary must make rules to judge applications so national, State, and local conservation goals are met. When choosing projects, the Secretary must give priority to applications that are most cost-effective, that best and most fully address the listed resource concerns, that meet the program’s purposes, and that improve or finish conservation systems already on the farm. As much as possible, similar crop or livestock applications must be grouped or compared to each other.

Full Legal Text

Title 16, §3839aa–3

Conservation, Source: USLM XML via OLRC

(a)The Secretary shall develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed.
(b)In evaluating applications under this subpart, the Secretary shall prioritize applications—
(1)based on their overall level of cost-effectiveness to ensure that the conservation practices and approaches proposed are the most efficient means of achieving the anticipated conservation benefits of the project;
(2)based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;
(3)that best fulfill the purposes of the program; and
(4)that improve conservation practices or systems in place on the operation at the time the contract offer is accepted or that will complete a conservation system.
(c)To the greatest extent practicable, the Secretary shall group applications of similar crop or livestock operations for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations.

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 L. 110–234 were repealed by section 4(a) of Pub.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–3, Pub. L. 99–198, title XII, § 1240C, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1000, related to evaluation of offers and payments, prior to the general amendment of this part by Pub. L. 107–171.

Amendments

2018—Subsec. (b). Pub. L. 115–334 substituted “this subpart” for “this part” in introductory provisions. 2014—Subsec. (b)(1). Pub. L. 113–79, § 2204(1), substituted “conservation” for “environmental” before “benefits”. Subsec. (b)(3). Pub. L. 113–79, § 2204(2), substituted “purposes of the program” for “purpose of the environmental quality incentives program specified in section 3839aa(1) of this title” before semicolon. 2008—Pub. L. 110–246, § 2504, amended section generally. Prior to amendment, text read as follows: “In evaluating applications for cost-share payments and incentive payments, the Secretary shall accord a higher priority to assistance and payments that— “(1) encourage the use by producers of cost-effective conservation practices; and “(2) address national conservation priorities.”

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–3

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60