[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3842]
TITLE 16--CONSERVATION
CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER V--FUNDING AND ADMINISTRATION
Sec. 3842. Delivery of technical assistance
(a) In general
The Secretary shall provide technical assistance under this chapter
to a producer eligible for that assistance--
(1) directly; or
(2) at the option of the producer, through a payment, as
determined by the Secretary, to the producer for an approved third
party, if available.
(b) Certification of third-party providers
(1) In general
Not later than 180 days after May 13, 2002, the Secretary shall,
by regulation, establish a system for--
(A) approving individuals and entities to provide technical
assistance to carry out programs under this chapter (including
criteria for the evaluation of providers or potential providers
of technical assistance); and
(B) establishing the amounts and methods for payments for
that assistance.
(2) Expertise
In promulgating regulations to carry out this subsection the
Secretary shall ensure that persons with expertise in the technical
aspects of conservation planning, watershed planning, environmental
engineering (including commercial entities, nonprofit entities,
State or local governments or agencies, and other Federal agencies),
are eligible to become approved providers of the technical
assistance.
(3) Interim assistance
(A) In general
A person that has provided technical assistance in
accordance with an agreement between the person and the
Secretary before May 13, 2002, may continue to provide technical
assistance under this section until the date on which the
Secretary establishes the system described in paragraph (1).
(B) Evaluation
If a person described in subparagraph (A) seeks to continue
to provide technical assistance after the date referred to in
subparagraph (A), the Secretary shall evaluate the person using
criteria referred to in paragraph (1).
(4) Non-Federal assistance
The Secretary may request the services of, and enter into
cooperative agreements or contracts with, non-Federal entities to
assist the Secretary in providing technical assistance necessary to
develop and implement conservation programs under this chapter.
(Pub. L. 99-198, title XII, Sec. 1242, as added Pub. L. 107-171, title
II, Sec. 2701, May 13, 2002, 116 Stat. 279.)
References in Text
This chapter, referred to in subsecs. (a) and (b)(1)(A), (4), was in
the original ``this title'', meaning title XII of Pub. L. 99-198, which
enacted this chapter and section 2005a of this title and amended
sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207
and 4209 of Title 7, Agriculture, and provisions set out as a note under
section 1981 of Title 7.
Codification
Section 2701 of Pub. L. 107-171, which directed that subtitle E of
the Food Security Act of 1985 be amended by striking section 1242 and
adding a new section 1242 (this section), was executed by striking
section 1242 of subtitle E of title XII of the Food Security Act of 1985
and adding the new section 1242 in lieu thereof, to reflect the probable
intent of Congress.
Prior Provisions
A prior se
