---
kind: "section"
citation: "16 U.S.C. § 2005"
title: "16"
title_heading: "Conservation"
number: "2005"
heading: "Soil and water conservation program"
release: "119-102"
url: "https://uscodex.org/usc/16/2005"
units:
  - "Chapter 40 — Soil and Water Resources Conservation"
---

# §2005. Soil and water conservation program

- (a) **Program development—** The [Secretary](/usc/16/2002.md?p=1) is hereby authorized and directed to develop in cooperation with and participation by the public through [conservation](/usc/16/6456.md?p=2) districts, [State](/usc/16/6456.md?p=2), tribal, and national organizations and agencies, and other appropriate means, a national [soil and water conservation program](/usc/16/2002.md?p=3) (hereinafter called the “[program](/usc/16/460ss–6.md?p=1)”) to be used as a guide in carrying out the activities of the [Secretary](/usc/16/2002.md?p=1) which assist landowners and land users, at their request, in furthering soil and water [conservation](/usc/16/6456.md?p=2) on the private, tribal, and non-[Federal lands](/usc/16/620e.md?p=2) of the Nation. The [program](/usc/16/460ss–6.md?p=1) shall set forth direction for future soil and water [conservation](/usc/16/6456.md?p=2) efforts of the United States Department of Agriculture based on the current soil, water, and related resource appraisal developed in accordance with [section 2004 of this title](/usc/16/2004.md), taking into consideration both the long- and short-term needs of the Nation, the landowners, and the land users, and the roles and responsibilities of Federal, [State](/usc/16/6456.md?p=2), tribal, and local governments in such [conservation](/usc/16/6456.md?p=2) efforts. The [program](/usc/16/460ss–6.md?p=1) shall also include but not be limited to—
  - (1) analysis of the Nation’s soil, water, and related resource problems;
  - (2) analysis of existing Federal, [State](/usc/16/6456.md?p=2), tribal, and local government authorities and adjustments needed;
  - (3) an evaluation of the effectiveness of the soil and water [conservation](/usc/16/6456.md?p=2) ongoing [programs](/usc/16/460ss–6.md?p=1) and the overall progress being achieved by Federal, [State](/usc/16/6456.md?p=2), tribal, and local [programs](/usc/16/460ss–6.md?p=1) and the landowners and land users in meeting the soil and water [conservation](/usc/16/6456.md?p=2) objectives of this chapter;
  - (4) identification and evaluation of alternative methods for the [conservation](/usc/16/6456.md?p=2), protection, environmental improvement, and enhancement of soil and water [resources](/usc/16/410hhh–1.md?p=8), in the context of alternative time frames, and a recommendation of the preferred alternatives and the extent to which they are being implemented;
  - (5) investigation and analysis of the practicability, desirability, and feasibility of collecting organic waste materials, including manure, crop and food wastes, industrial organic waste, municipal sewage sludge, logging and wood-manufacturing residues, and any other organic refuse, composting, or similarly treating such materials, transporting and placing such materials onto the land to improve soil tilth and fertility. The analysis shall include the projected cost of such collection, transportation, and placement in accordance with sound locally approved soil and water [conservation](/usc/16/6456.md?p=2) practices;
  - (6) analysis of the Federal and non-Federal inputs required to implement the [program](/usc/16/460ss–6.md?p=1);
  - (7) analysis of costs and benefits of alternative soil and water [conservation](/usc/16/6456.md?p=2) practices; and
  - (8) investigation and analysis of alternative irrigation techniques regarding their costs, benefits, and impact on soil and water [conservation](/usc/16/6456.md?p=2), crop production, and environmental factors.
- (b) **Evaluation of existing conservation programs—** In evaluating existing [conservation](/usc/16/6456.md?p=2) [programs](/usc/16/460ss–6.md?p=1), the [Secretary](/usc/16/2002.md?p=1) shall emphasize demonstration, innovation, and monitoring of specific [program](/usc/16/460ss–6.md?p=1) components in order to encourage further development and adoption of practices and performance-based standards.
- (c) **Improvement to program—** In developing a national [soil and water conservation program](/usc/16/2002.md?p=3) under [subsection (a)](#a), the [Secretary](/usc/16/2002.md?p=1) shall solicit and evaluate recommendations for improving the [program](/usc/16/460ss–6.md?p=1), including the content, scope, process, participation in, and other elements of the [program](/usc/16/460ss–6.md?p=1), as determined by the [Secretary](/usc/16/2002.md?p=1).
- (d) **Completion dates—** The initial [program](/usc/16/460ss–6.md?p=1) shall be completed not later than December 31, 2011, and December 31, 2016, and a [program](/usc/16/460ss–6.md?p=1) update shall be completed by December 31, 2023.

## Source credit

(Pub. L. 95–192, § 6, Nov. 18, 1977, 91 Stat. 1409; Pub. L. 99–198, title XII, § 1252(b), Dec. 23, 1985, 99 Stat. 1516; Pub. L. 103–354, title II, § 246(f)(2)(C), Oct. 13, 1994, 108 Stat. 3225; Pub. L. 110–234, title II, § 2804(c), May 22, 2008, 122 Stat. 1087; Pub. L. 110–246, § 4(a), title II, § 2804(c), June 18, 2008, 122 Stat. 1664, 1815; Pub. L. 113–79, title II, § 2508(c), Feb. 7, 2014, 128 Stat. 756; Pub. L. 115–334, title II, § 2402(2), Dec. 20, 2018, 132 Stat. 4571.)

## Notes

### Editorial Notes

### 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

2018—Subsec. (d). Pub. L. 115–334 substituted “December 31, 2016, and a program update shall be completed by December 31, 2023” for “December 31, 2016, respectively”.

2014—Subsec. (a). Pub. L. 113–79 inserted “, tribal,” after “conservation districts, State” and “, tribal,” after “private” in introductory provisions, and “, tribal” after “Federal, State” wherever appearing.

2008—Subsecs. (b) to (d). Pub. L. 110–246, § 2804(c), added subsecs. (b) and (c), redesignated former subsec. (b) as (d), and substituted “December 31, 2011, and December 31, 2016” for “December 31, 1979, and program updates shall be completed by December 31, 1987, December 31, 1997, and December 31, 2007”.

1994—Subsec. (a). Pub. L. 103–354 in first sentence of introductory provisions substituted “Secretary” for “Soil Conservation Service” before “which assist”.

1985—Subsec. (b). Pub. L. 99–198 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The program plan shall be completed not later than December 31, 1979, and be updated at each five-year interval thereafter during the period this chapter is in effect.”

### Statutory Notes and Related Subsidiaries

### 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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

### Executive Documents

### Transfer of Functions

For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 2002 of this title.