16 U.S.C. § 3839aa: Definitions

under the effective control of a producer at the time the producer enters into a contract under the program; and operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary. The term “conservation activities” means conservation systems, practices, or management measures. structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary; planning needed to address a priority resource concern; development of a comprehensive conservation plan, as defined in section 3839aa–24(e)(1) of this title ; soil health planning, including planning to increase soil organic matter; and activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility. identifies and inventories priority resource concerns; establishes benchmark data and conservation objectives; describes conservation activities to be implemented, managed, or improved; and includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities. private or tribal land on which agricultural commodities, livestock, or forest-related products are produced; and lands associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program. cropland; grassland; rangeland; pasture land; nonindustrial private forest land; and other land in agricultural areas (including cropped woodland, marshes, and agricultural land used or capable of being used for the production of livestock), as determined by the Secretary. is identified at the national, State, or local level as a priority for a particular area of a State; represents a significant concern in a State or region; and is likely to be addressed successfully through the implementation of conservation activities under this program. The term “program” means the conservation stewardship program established by this subpart. quality criteria under a resource management system; predictive analytics tools or models developed or approved by the Natural Resources Conservation Service; data from past and current enrollment in the program; and other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary. the validity or terms of any contract entered into by the Secretary [of Agriculture] under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d et seq.) before the date of enactment of this Act [ Dec. 20, 2018 ], or any payments, modifications, or technical assistance required to be made in connection with the contract; or subject to subparagraph (D), any agreement entered into by the Secretary under the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3871 et seq.) on or before September 30, 2018 , under which conservation stewardship program acres and associated funding have been allocated to the agreement for the purpose of entering into a contract under subchapter B of chapter 2 of subtitle D of title XII of that Act ( 16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act). Notwithstanding paragraph (2), the Secretary may extend for 1 year a contract described in subparagraph (A)(i) if that contract expires on or before December 31, 2019 , under the terms and payment rate of the existing contract and in accordance with subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act). Notwithstanding subparagraph (A), and subject to clause (ii), the Secretary may not renew a contract or agreement described in that subparagraph. if that contract expires on or after December 31, 2019 ; under the terms of the conservation stewardship program under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ 16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (b)); and subject to the limitation on funding for that subchapter under section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ). In the case of an agreement described in subparagraph (A)(ii), the Secretary may provide an amount of funding that is equivalent to the value of any acres covered by the agreement. the Secretary shall modify the agreement to authorize the entrance into a contract under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ 16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (b)); and the funds associated with the conservation stewardship program acres allocated under that agreement, on modification under subclause (I), may be used to enter into conservation stewardship program contracts with producers under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ 16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (b)). Subject to paragraphs (3)(C) and (3)(D)(ii)(II), the Secretary shall administer each contract and agreement described in clauses (i) and (ii) of paragraph (3)(A) until the expiration of the contract or agreement in accordance with the regulations to carry out the conservation stewardship program under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d et seq.) (as in effect on the day before the date of enactment of this Act) that are in effect on the day before that date of enactment. any contract or agreement described in paragraph (3)(A)(i) for fiscal year 2019; any contract or agreement described in paragraph (3)(A)(ii); any contract extended under paragraph (3)(B); and any contract or agreement under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ 16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (b)).” The amendment made by this section [amending sections 3838d to 3838g of this title] shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] 16 U.S.C. 3838d et seq.) before the date of enactment of the Agricultural Act of 2014 [ Feb. 7, 2014 ], or any payments required to be made in connection with the contract. Funds made available under section 1241(a)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a)(4) ) (as amended by section 2601(a) of this title ) may be used to administer and make payments to program participants that enrolled into contracts during any of fiscal years 2009 through 2013.”