§ 3812a. — Development and implementation of conservation plans and conservation systems.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3812a]
TITLE 16--CONSERVATION
CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER II--HIGHLY ERODIBLE LAND CONSERVATION
Sec. 3812a. Development and implementation of conservation plans
and conservation systems
(a) Technical requirements
In connection with the standards and guidelines contained in Natural
Resources Conservation Service field office technical guides applicable
to the development and use of conservation measures and management
practices as part of a conservation system, the Secretary shall ensure
that the standards and guidelines permit a person to use a conservation
system that--
(1) is technically and economically feasible;
(2) is based on local resource conditions and available
conservation technology;
(3) is cost-effective; and
(4) does not cause undue economic hardship on the person
applying the conservation system under the person's conservation
plan.
(b) Measurement of erosion reduction
For the purpose of determining whether there is a substantial
reduction in soil erosion on a field containing highly erodible
cropland, the measurement of erosion reduction achieved by the
application of a conservation system under a person's conservation plan
shall be based on the estimated annual level of erosion at the time of
the measurement compared to the estimated annual level of erosion that
existed before the implementation of the conservation measures and
management practices provided for in the conservation system.
(c) Residue measurement
(1) Responsibilities of Secretary
For the purpose of measuring the level of residue on a field,
the Secretary shall--
(A) take into account any residue incorporated into the top
2 inches of soil, as well as the growing crop, in the
measurement;
(B) provide technical guidelines for acceptable residue
measurement methods;
(C) provide a certification system for third parties to
perform residue measurements; and
(D) provide for the acceptance and use of information and
data voluntarily provided by the producer regarding the field.
(2) Acceptance of producer measurements
Annual residue measurements supplied by a producer (including
measurements performed by a certified third party) shall be used by
the Secretary if the Secretary determines that the measurements
indicate that the residue level for the field meets the level
required under the conservation plan.
(d) Certification of compliance
(1) In general
For the purpose of determining the eligibility of a person for
program benefits specified in section 3811 of this title at the time
application is made for the benefits, the Secretary shall permit the
person to certify that the person is complying with the person's
conservation plan.
(2) Status reviews
If a person makes a certification under paragraph (1), the
Secretary shall not be required to carry out a review of the status
of compliance of the person with the conservation plan under which
the conservation system is being applied.
(3) Revisions and modifications
The Secretary shall permit a person who makes a certification
under paragraph (1) with respect to a conservation plan to revise
the conservation plan in any manner, if the same level of
conservation treatment provided for by the conservation system under
the person's conservation plan is maintained. The Secretary may not
revise the person's conservation plan without the concurrence of the
person.
(e) Technical assistance
The Secretary shall, using available resources and consistent with
the Secretary's other conservation responsibilities and objectives,
provide technical assistance to a person throughout the development,
revision, and application of the conservation plan and any conservation
system of the person. At the request of the person, the Secretary may
provide technical assistance regarding conservation measures and
management practices for other lands of the person that do not contain
highly erodible cropland.
(f) Encouragement of on-farm research
To encourage on-farm conservation research, the Secretary may allow
a person to include in the person's conservation plan or a conservation
system under the plan, on a field trial basis, practices that are not
currently approved but that the Secretary considers have a reasonable
likelihood of success.
(Pub. L. 99-198, title XII, Sec. 1213, as added Pub. L. 104-127, title
III, Sec. 315(a)(2), Apr. 4, 1996, 110 Stat. 984.)
Prior Provisions
A prior section 1213 of Pub. L. 99-198 was renumbered section 1214
and is classified to section 3813 of this title.
