§ 3862. — Responsibilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3862]
TITLE 16--CONSERVATION
CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER VI--STATE TECHNICAL COMMITTEES
Sec. 3862. Responsibilities
(a) In general
Each 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. Such
information, analysis, and recommendations shall be provided in a manner
that will assist the Department of Agriculture in determining matters of
fact, technical merit, or scientific question. Data, analysis, and
recommendations shall be provided in writing and shall reflect the best
professional information and judgment of the Committee. The Secretary
shall coordinate activities conducted under this section with those
conducted under section 5831 of title 7. 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.
(b) Wetland and wildlife habitat protection guidelines
(1) Development of technical guides
Not later than one year after November 28, 1990, each State
technical committee shall develop technical guides for the
implementation of the wetland preservation and wildlife habitat
improvement options of the agricultural water quality protection
program under section 3838b \1\ of this title. 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.
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\1\ See References in Text note below.
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(2) Content of guides
(A) In general
The technical guides required under this subsection shall
include detailed information on the selection of crops and crop-
plant varieties, cover crops, rotation practices, tillage
systems, nutrient management, biological control practices
(including biologically intensive integrated pest management
practices), soil, water, and natural resource conservation, and
other practices useful in developing practices pursuant to such
option.
(B) Standards and instructions
The technical guides required under subsection (a) of this
section shall provide standards and practical instructions for
implementation of wetland protection and wildlife habitat
improvement practices based on existing scientific and technical
knowledge.
(C) Contracts
The Secretary may enter into contracts to assist in the
development and periodic revision of the technical guides
described in this subsection.
(c) Other duties
Each technical committee shall provide assistance and offer
recommendations with respect to the technical aspects of--
(1) wetland protection, restoration, and mitigation
requirements;
(2) criteria to be used in evaluating bids for enrollment of
environmentally-sensitive lands in the conservation reserve program;
(3) guidelines for haying or grazing and the control of weeds to
protect nesting wildlife on set-aside acreage;
(4) highly erodible lands exemptions and appeals;
(5) wetland and conservation compliance exemptions and appeals;
(6) addressing common weed and pest problems and programs to
control weeds and pests found on acreage enrolled in the
conservation reserve program;
(7) guidelines for planting perennial cover for water quality
and wildlife habitat improvement on set-aside lands;
(8) establishing criteria and priorities for State initiatives
under the environmental quality incentives program under part IV of
subchapter IV of this chapter; and
(9) other matters determined appropriate by the Secretary.
(d) Authority
Each Committee established under section 3861 of this title is
advisory and 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, and to the factual, technical, or scientific findings and
recommendations under the Committee's responsibility.
(e) FACA requirements
The committees established under section 3861 of this title shall be
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
(Pub. L. 99-198, title XII, Sec. 1262, as added Pub. L. 101-624, title
XIV, Sec. 1446, Nov. 28, 1990, 104 Stat. 3604; amended Pub. L. 103-354,
title II, Sec. 246(f)(3), Oct. 13, 1994, 108 Stat. 3225; Pub. L. 104-
127, title III, Sec. 342(b), Apr. 4, 1996, 110 Stat. 1009.)
References in Text
Section 3838b of this title, referred to in subsec. (b)(1), was
repealed by Pub. L. 104-127, title III, Sec. 336(h), Apr. 4, 1996, 110
Stat. 1007.
The Federal Advisory Committee Act, referred to in subsec. (e), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Amendments
1996--Subsec. (a). Pub. L. 104-127, Sec. 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, Sec. 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, Sec. 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).
Public Notice and Comment for Revisions to Certain State Technical
Guides
Section 343 of Pub. L. 104-127 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.]).''
Section Referred to in Other Sections
This section is referred to in section 3861 of this title.
