The Secretary shall establish a conservation experienced services program (in this section referred to as the "ACES Program") for the purpose of utilizing the talents of individuals who are age 55 or older, but who are not employees of the Department of Agriculture or a State agriculture department, to provide technical services in support of the conservation-related programs and authorities carried out by the Secretary. Such technical services may include conservation planning assistance, technical consultation, and assistance with design and implementation of conservation practices.
Notwithstanding any other provision of law relating to Federal grants, cooperative agreements, or contracts, to carry out the ACES program during a fiscal year, the Secretary may enter into agreements with nonprofit private agencies and organizations eligible to receive grants for that fiscal year under the Community Service Senior Opportunities Act (42 U.S.C. 3056 et seq.) to secure participants for the ACES program who will provide technical services under the ACES program.
Before entering into an agreement under paragraph (1), the Secretary shall ensure that the agreement would not—
(A) result in the displacement of individuals employed by the Department, 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 job or function in a case in which a Federal employee is in a layoff status from the same or a substantially-equivalent job or function with the Department; or
(C) affect existing contracts for services.
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 chapter.
Funds made available to carry out the following programs may not be used to carry out the ACES program:
(A) The conservation reserve program.
(B) The wetlands reserve program.
(C) The grassland reserve program.
(D) The conservation stewardship program.
An individual providing technical services under the ACES program is deemed to be an employee of the United States Government for purposes of chapter 171 of title 28 if the individual—
(1) is providing technical services pursuant to an agreement entered into under subsection (b); and
(2) is acting within the scope of the agreement.
(Pub. L. 99–198, title XII, §1252, as added Pub. L. 110–234, title II, §2710, May 22, 2008, 122 Stat. 1082, and Pub. L. 110–246, §4(a), title II, §2710, June 18, 2008, 122 Stat. 1664, 1810.)
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