16 U.S.C. § 590c: Conditions under which…

Summary

Before giving the chapter’s benefits to land not owned by the United States, the Secretary of Agriculture may require certain things. The Secretary can ask for State or local laws that put permanent limits on how the land is used and stop soil erosion. The Secretary can require written agreements or covenants about permanent land use. The Secretary can also require contributions of money, work, materials, or other help toward the activities that get the benefits. The Secretary can charge user fees for conservation planning help if the fees are fair, are only for help that creates a conservation plan, and are based on land size or complexity. Fees cannot be more than $150 per plan. The Secretary may waive fees for beginning farmers or ranchers (see 7 U.S.C. 1991(a)), limited-resource farmers or ranchers (as the Secretary defines), socially disadvantaged farmers or ranchers (see 7 U.S.C. 2003(e)), to get an exemption under section 3812, or to meet government rules.

Title 16, §590c

Conservation, Source: USLM XML via OLRC

As a condition to the extending of any benefits under this chapter to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, insofar as he may deem necessary for the purposes of this chapter, require the following:

(1)The enactment and reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for the prevention of soil erosion.

(2)Agreements or covenants as to the permanent use of such lands.

(3)Contributions in money, services, materials, or otherwise, to any operations conferring such benefits.

(4)(A)The payment of user fees for conservation planning technical assistance if the Secretary determines that the fees, subject to subparagraph (B), are—

(i)reasonable and appropriate;

(ii)assessed for conservation planning technical assistance resulting in the development of a conservation plan; and

(iii)assessed based on the size of the land or the complexity of the resource issues involved.

(B)Fees under subparagraph (A) may not exceed $150 per conservation plan for which technical assistance is provided.

(C)The Secretary may waive fees otherwise required under subparagraph (A) in the case of conservation planning technical assistance provided—

(i)to beginning farmers or ranchers (as defined in section 1991(a) of title 7);

(ii)to limited resource farmers or ranchers (as defined by the Secretary);

(iii)to socially disadvantaged farmers or ranchers (as defined in section 2003(e) of title 7);

(iv)to qualify for an exemption from ineligibility under section 3812 of this title; or

(v)to comply with Federal, State, or local regulatory requirements.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2013—Pub. L. 113–67, § 705(a)(1), substituted “require the following:” for “require—” in introductory provisions. Par. (1). Pub. L. 113–67, § 705(a)(2), substituted period for semicolon at end. Par. (2). Pub. L. 113–67, § 705(a)(3), substituted period at end for “; and”. Par. (4). Pub. L. 113–67, § 705(a)(4), added par. (4).

Executive Documents

Enforcement

functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect to pre-

Construction

, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. Functions respecting lands under jurisdiction of Department of the Interior, see

Transfer of Functions

note set out under section 590a of this title.

§590c Conditions Under Which Benefits of Law Extended to Nongovernment Controlled Lands

Summary

Title 16, §590c

Notes & Related Subsidiaries

Editorial Notes

Amendments

Executive Documents

Enforcement

Construction

Construction

Transfer of Functions

Citations & Metadata