Page:United States Statutes at Large Volume 122.djvu/1106

 12 2 STA T . 1 083PUBLIC LA W 110 – 23 4—M A Y 22, 2008 ACESprog r amwh ow il l pro v i det e c h n ical s ervices u nder the ACES program .‘ ‘ (2)REQUIR E D DE T ER M I NA TI O N. —B e f ore entering into an agreement under paragraph ( 1 ) , the Secretar y shall ensure that the agreement would not— ‘‘(A) result in the displacement of individuals employed b y the D epartment, including partial displacement through reduction of non - overtime hours, wages, or employment benefits ‘‘(B) result in the use of an individual under the ACES program for a j ob or function in a case in which a F ederal employee is in a layoff status from the same or a substan- tially-e q uivalent job or function with the Department; or ‘‘(C) affect e x isting contracts for services. ‘‘(c) FUNDIN G SOUR C E.— ‘‘(1) I N GENERA L .—Except as provided in paragraph (2), the Secretary may carry out the ACES program using funds made available to carry out each program under this title. ‘‘(2) E X CLU S IONS.—Funds made available to carry out the following programs may not be used to carry out the ACES program

‘‘(A) T he conservation reserve program. ‘‘(B) The wetlands reserve program. ‘‘(C) The grassland reserve program. ‘‘(D) The conservation stewardship program. ‘‘(d) L IA B ILIT Y .—An individual providing technical services under the ACES program is deemed to be an employee of the U nited States G overnment for purposes of chapter 1 7 1 of title 2 8, United States Code, if the individual— ‘‘(1) is providing technical services pursuant to an agree- ment entered into under subsection (b); and ‘‘(2) is acting within the scope of the agreement. ’ ’. SEC.271 1. ES TABLI S HM E N T OF STATE TECHNICAL COMMITTEES AN D THEI R RES P ONSIBILITIES. Subtitle G of title X II of the Farm Security Act of 1 9 8 5 (1 6 U.S.C. 3 861, 3862) is amended to read as follows: ‘ ‘ Subti t leG— St a te T e chn ical Com mittee s‘ ‘SEC. 12 6 1. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES. ‘‘(a) ESTABLIS H MENT.—The Secretary shall establish a technical committee in each State to assist the Secretary in the considerations relating to implementation and technical aspects of the conservation programs under this title. ‘‘(b) STANDARDS.— N ot later than 18 0 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop— ‘‘(1) standard operating procedures to standardi z e the oper- ations of State technical committees; and ‘‘(2) standards to be used by State technical committees in the development of technical guidelines under section 1262(b) for the implementation of the conservation provisions of this title. ‘‘(c) COM P OSITION.—Each State technical committee shall be composed of agricultural producers and other professionals that Deadlin e .16USC38 61.

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