NATURAL RESOURCES CONSERVATION SERVICE.

SEC. 246. NATURAL RESOURCES CONSERVATION SERVICE. (a) Establishment.— The Secretary is authorized to establish and maintain within the Department a Natural Resources Conservation Service. (b) Functions.— If the Secretary establishes the Natural Resources Conservation Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following: (1) The rural environmental conservation program under title X of the Agricultural Act of 1970 (16 U.S.C. 1501 et seq.). (2) The Great Plains Conservation Program under section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590p(b)). (3) The Water Bank Act (16 U.S.C. 1301 et seq.). 108 STAT. 3224 (4) The forestry incentive program under section 4 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103). (5) Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), except subchapter B of chapter 1 of subtitle D of such title. (6) Salinity control program under section 202(c) of the Colorado River Basin Salinity Control Act (43 U.S.C. 1592(c)). (7) The Farms for the Future Act of 1990 (7 U.S.C. 4201 note). (8) Such other functions as the Secretary considers appropriate, except functions under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831–3836) and the agricultural conservation program under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g et seq.). (c) Special Concurrence Requirements for Certain Functions.— In carrying out the programs specified in paragraphs (2), (3), (4), and (6) of subsection (b) and the program under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837–38370, the Secretary shall— (1) acting on the recommendations of the Natural Resources Conservation Service, with the concurrence of the Consolidated Farm Service Agency, issue regulations to carry out such programs; (2) ensure that the Natural Resources Conservation Service, in establishing policies, priorities, and guidelines for each such program, does so with the concurrence of the Consolidated Farm Service Agency at national, State, and local levels; (3) ensure that, in reaching such concurrence at the local level, the Natural Resources Conservation Service works in cooperation with Soil and Water Conservation Districts or similar organizations established under State law; (4) ensure that officials of county and area committees established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) meet annually with officials of such Districts or similar organizations to consider local conservation priorities and guidelines; and (5) take steps to ensure that the concurrence process does not interfere with the effective delivery of such programs. (d) Use of Federal and Non-Federal Employees.— (1) Use authorized.— In the implementation of functions assigned to the Natural Resources Conservation Service, the Secretary may use interchangeably in local offices of the Service both Federal employees of the Department and non-Federal employees of county and area committees established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). (2) Exception.— Notwithstanding paragraph (1), no personnel action (as defined in section 2302(a)(2)(A) of title 5, United States Code) may be taken with respect to a Federal employee unless such action is taken by another Federal employee. (e) Savings Provision.— For purposes of subsections (c) and (d) of this section: (1) A reference to the “Natural Resources Conservation Service” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under this section. 108 STAT. 3225 (2) A reference to the “Consolidated Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Consolidated Farm Service Agency under section 226. (f) Conforming Amendments.— (1) Soil conservation service.— Section 5 of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590e) is repealed. (2) Soil and water resources conservation.— The Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001) is amended— (A) in section 2(2) (16 U.S.C. 2001(2))— (i) by striking “created the Soil Conservation Service”; and (ii) by striking “Department of Agriculture which” and inserting “, has ensured that the Department of Agriculture”; (B) in section 3(2) (16 U.S.C. 2002(2)), by striking “through the Soil Conservation Service”; and (C) in section 6(a) (16 U.S.C. 2005(a)), by striking “Soil Conservation Service” and inserting “Secretary”. (3) State technical committees.— Section 1262 of the Food Security Act of 1985 (16 U.S.C. 3862) is amended by adding at the end the following new subsection: “(e) FACA Requirements.— The committees established under section 1261 shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).”.