Source
(Feb. 16, 1938, ch. 30, title V, § 524, as added Pub. L. 106–224, title I, § 133, June 20, 2000, 114 Stat. 387; amended Pub. L. 107–171, title II, § 2501, May 13, 2002, 116 Stat. 263; Pub. L. 108–199, div. A, title VII, § 769, Jan. 23, 2004, 118 Stat. 40; Pub. L. 110–234, title I, § 1603(g)(3), title II, § 2801, title VII, § 7511(c)(2), title XII, § 12026, May 22, 2008, 122 Stat. 1011, 1085, 1267, 1390; Pub. L. 110–246, § 4(a), title I, § 1603(g)(3), title II, § 2801, title VII, § 7511(c)(2), title XII, § 12026, June 18, 2008, 122 Stat. 1664, 1739, 1813, 2028, 2152.)
Amendment of Subsection (a)
Pub. L. 110–246, title VII, § 7511(c), June 18, 2008, 122 Stat. 2028, provided that, effective Oct. 1, 2009, subsection (a) of this section is amended by substituting “the National Institute of Food and Agriculture” for “the Cooperative State Research, Education, and Extension Service” in paragraphs (1)(B) and (3)(A).
References in Text
Section
1308
(5) of this title, which required the Secretary to issue regulations defining “person”, referred to in subsec. (b)(3), was redesignated section
1308
(e) and amended by section 1603(b)(1) of
Pub. L. 107–171. Section
1308 was subsequently amended by section 1603 of the Food, Conservation, and Energy Act of 2008,
Pub. L. 110–246, to strike out subsec. (e) and add a new subsec. (a)(4) defining “person”. The Food, Conservation, and Energy Act of 2008 does not contain a section
1703
(a).
Codification
Pub. L. 110–234 and
Pub. L. 110–246 made identical amendments to this section. The amendments by
Pub. L. 110–234 were repealed by section 4(a) of
Pub. L. 110–246.
Amendments
2008—Subsec. (a)(1).
Pub. L. 110–246, § 12026(1), substituted “paragraph (5)” for “paragraph (4)” in introductory provisions.
Subsec. (a)(4), (5).
Pub. L. 110–246, § 12026(2), (3), added par. (4) and redesignated former par. (4) as (5).
Subsec. (b)(1).
Pub. L. 110–246, § 2801(a), inserted “Hawaii,” after “Delaware,”.
Subsec. (b)(3).
Pub. L. 110–246, § 1603(g)(3), inserted “(before the amendment made by section 1703(a) of the Food, Conservation, and Energy Act of 2008)” after “section
1308
(5) of this title)”.
Subsec. (b)(4)(B)(i).
Pub. L. 110–246, § 2801(b)(1), substituted “Except as provided in clause (ii)” for “Except as provided in clauses (ii) and (iii)”.
Subsec. (b)(4)(B)(ii), (iii).
Pub. L. 110–246, § 2801(b)(2), added cl. (ii) and struck out former cls. (ii) and (iii) which related to exception for fiscal years 2003 through 2007 and minimum amounts to carry out certain uses.
Subsec. (b)(4)(C).
Pub. L. 110–246, § 2801(c), added subpar. (C).
2004—Subsec. (b)(4)(B)(i).
Pub. L. 108–199, § 769(1), substituted “clauses (ii) and (iii)” for “clause (ii)”.
Subsec. (b)(4)(B)(iii).
Pub. L. 108–199, § 769(2), added cl. (iii).
2002—Subsec. (b).
Pub. L. 107–171 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:
“(1) Authority.—The Secretary shall provide cost share assistance to producers, in a manner determined by the Secretary, in not less than 10, nor more than 15, States in which participation in the Federal crop insurance program is historically low, as determined by the Secretary.
“(2) Uses.—A producer may use cost share assistance provided under this subsection to—
“(A) construct or improve—
“(i) watershed management structures; or
“(ii) irrigation structures;
“(B) plant trees to form windbreaks or to improve water quality;
“(C) mitigate financial risk through production diversification or resource conservation practices, including—
“(i) soil erosion control;
“(ii) integrated pest management; or
“(iii) transition to organic farming;
“(D) enter into futures, hedging, or options contracts in a manner designed to help reduce production, price, or revenue risk;
“(E) enter into agricultural trade options as a hedging transaction to reduce production, price, or revenue risk; or
“(F) conduct any other activity related to the activities described in subparagraphs (A) through (E), as determined by the Secretary.
“(2) Payment limitation.—The total amount of payments made to a person (as defined in section
1308
(5) of this title) under this subsection for any year may not exceed $50,000.
“(3) Commodity credit corporation.—
“(A) In general.—The Secretary shall carry out this subsection through the Commodity Credit Corporation.
“(B) Funding.—The Commodity Credit Corporation shall make available to carry out this subsection $10,000,000 for fiscal year 2001 and each subsequent fiscal year.”
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Pub. L. 110–234 by
Pub. L. 110–246 effective May 22, 2008, the date of enactment of
Pub. L. 110–234, except as otherwise provided, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under section
8701 of this title.
Amendment by section 7511(c)(2) of
Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of
Pub. L. 110–246, set out as a note under section
1522 of this title.
Effective Date
Section effective Oct. 1, 2000, see section 171(b)(1)(A) of
Pub. L. 106–224, set out as an Effective Date of 2000 Amendment note under section
1501 of this title.