16 U.S.C. § 3838E
Section 3838e · Conservation stewardship program
Amended 4 times on record
Applied in 11 court decisions — leading case 96 Fed. Cl. 34 - Meyers v. United States (2010)
Most recently applied in James M. Fogg Farms, Inc. v. United States (September 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
During each of fiscal years 2014 through 2018, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner—
by undertaking additional conservation activities; and
by improving, maintaining, and managing existing conservation activities.
Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program:
Land enrolled in the conservation reserve program, unless—
the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
conservation reserve program payments for land enrolled in the program cease before the first program payment is made to the applicant under this subpart.
Land enrolled in a wetland reserve easement through the agricultural conservation easement program.
Land enrolled in the conservation security program.
Eligible land used for crop production after February 7, 2014, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet such requirement because—
the land had previously been enrolled in the conservation reserve program;
the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or
the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Prior Provisions
A prior section 3838e, Pub. L. 99–198, title XII, § 1238E, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3596, related to demonstration and pilot programs, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007.
Amendments
2014—Pub. L. 113–79 amended section generally. Prior to amendment, section related to conservation stewardship program.
2011—Subsec. (a). Pub. L. 112–55 substituted “2014” for “2012”.