Title 16, ConservationRelease 119-110

§3862 Responsibilities

Title 16 › CHAPTER 58 — ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM › SUBCHAPTER VI — STATE TECHNICAL COMMITTEES › § 3862

Last updated Sep 22, 2026|Official source

Summary

State technical committees set up under section 3861 must meet on a regular basis to share facts, analysis, and suggestions with Department of Agriculture officials who run the conservation programs. They must announce meetings and let the public attend when the meetings discuss how to carry out the chapter. The committees only give advice and cannot enforce rules, but the Secretary must give strong weight to their recommendations. They help set program priorities and criteria and check whether local working groups are following those priorities. Each State technical committee is exempt from chapter 10 of title 5, and any local working group under this subchapter counts as a subcommittee of the State technical committee for purposes of chapter 10 of title 5.

Full Legal Text

Title 16, §3862

Conservation, Source: USLM XML via OLRC

(a)In general
Each State technical committee established under section 3861 of this title shall meet regularly to provide information, analysis, and recommendations to appropriate officials of the Department of Agriculture who are charged with implementing the conservation provisions of this chapter.
(b)Public notice and attendance
Each State technical committee shall provide public notice of, and permit public attendance at, meetings considering issues of concern related to carrying out this chapter.
(c)Role
(1)In general
The role of State technical committees is advisory in nature, and such committees shall have no implementation or enforcement authority. However, the Secretary shall give strong consideration to the recommendations of such committees in administering the programs under this chapter.
(2)Advisory role in establishing program priorities and criteria
Each State technical committee shall advise the Secretary in establishing priorities and criteria for the programs in this chapter, including the review of whether local working groups are addressing those priorities.
(d)Requirements of chapter 10 of title 5
(1)Exemption
Each State technical committee shall be exempt from chapter 10 of title 5.
(2)Local working groups
For purposes of chapter 10 of title 5, any local working group established under this subchapter shall be considered to be a subcommittee of the applicable State technical committee.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) to (c), was in the original “this title”, meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended section 590g, 2004, 2005, 2006, and 2009 of this title, section 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7. 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

2022—Subsec. (d). Pub. L. 117–286, § 4(a)(119)(A), substituted “Requirements of chapter 10 of title 5” for “FACA requirements” in heading. Subsec. (d)(1). Pub. L. 117–286, § 4(a)(119)(B), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).” Subsec. (d)(2). Pub. L. 117–286, § 4(a)(119)(C), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App.),”. 2008—Pub. L. 110–246, § 2711, which directed the general amendment of section 1262 of the “Farm Security Act of 1985”, was executed by making the amendment to this section, which is section 1262 of the Food Security Act of 1985, to reflect the probable intent of Congress. Prior to amendment, section consisted of subsecs. (a) to (e) which related to general responsibilities of committees established under section 3861 of this title, wetland and wildlife habitat protection guidelines, provision of assistance and recommendations with respect to enumerated technical aspects, authority of committees, and FACA requirements. 1996—Subsec. (a). Pub. L. 104–127, § 342(b)(1), inserted at end “Each State technical committee shall provide public notice of, and permit public attendance at meetings considering, issues of concern related to carrying out this chapter.” Subsec. (b)(1). Pub. L. 104–127, § 342(b)(2), inserted at end “Each State technical committee shall establish criteria and guidelines for evaluating petitions by agricultural producers regarding new conservation practices and systems not already described in field office technical guides.” Subsec. (c)(7) to (9). Pub. L. 104–127, § 342(b)(3), struck out “and” at end of par. (7), added par. (8), and redesignated former par. (8) as (9). 1994—Subsec. (e). Pub. L. 103–354 added subsec. (e).

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. Public Notice and Comment for Revisions to Certain State Technical Guides Pub. L. 104–127, title III, § 343, Apr. 4, 1996, 110 Stat. 1009, provided that: “After the date of enactment of this Act [Apr. 4, 1996], the Secretary of Agriculture shall provide for public notice and comment under section 553 of title 5, United States Code, with regard to any future revisions to those provisions of the Natural Resources Conservation Service State technical guides that are used to carry out subtitles A, B, and C of title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq. [3811 et seq., 3821 et seq.]).”

Reference

Citations & Metadata

Citation

16 U.S.C. § 3862

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110