Sec. 2105. Conservation reserve enhancement program
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Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1231 ( 16 U.S.C. 3831 ) the following: In this section: The term eligible land means land that is eligible to be included in the program established under this subchapter. The term eligible partner means— a State; a political subdivision of a State; an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); a nongovernmental organization; an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); a State cooperative extension service; a research institute; and any other entity, as determined appropriate by the Secretary.
The term management means an activity conducted by an owner or operator under a contract entered into under this subchapter after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice— throughout the term of the contract; and consistent with the conservation plan that covers the eligible land. The term program means a conservation reserve enhancement program carried out under an agreement under subsection (b)(1).
The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program— to assist in enrolling eligible land in the program established under this subchapter; and that the Secretary determines will advance the purposes of this subchapter. An agreement entered into under paragraph
(1)shall— describe— 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement; quantifiable environmental goals for addressing the concerns under clause (i); a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary; the location of eligible land to be enrolled in the project area identified under the agreement; the payments to be offered by the Secretary and eligible partner to an owner or operator; and an appropriate list of conservation reserve program conservation practice standards, including any modifications to the practice standards, that are appropriate to meeting the concerns described under clause (i), as determined by the Secretary in consultation with eligible partners; and require the eligible partner to provide funds. Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subchapter. To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before the date of enactment of this section under the Conservation Reserve Enhancement Program established by the Secretary under this subchapter. Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance. The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a program reflect the fair market value of the cost of installation. On request of an owner or operator, the Secretary shall provide cost-share payments when a major conservation practice component is completed under a program, as determined by the Secretary. An owner or operator may assign cost-share and practice incentive payments to an eligible partner if the eligible partner installs the conservation practice or conducts the ongoing management of the conservation practice on behalf of the owner or operator. In the case of an agreement under subsection (b)(1) that includes riparian buffers as an eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land. The amount of payments received by an owner or operator under subparagraph
(A)shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under section 1261(a). In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible practice, the Secretary shall allow an owner or operator— to plant food-producing woody plants in the forested riparian buffers, on the conditions that— the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and the planting shall be consistent with— recommendations of the applicable State technical committee established under section 1261(a); and technical guide standards of the applicable field office of the Natural Resources Conservation Service; and to harvest from plants described in subparagraph (A), on the conditions that— the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the program; and only native plant species appropriate to the region shall be used within 35 feet of the watercourse. For the purpose of enrolling forested riparian buffers in a program, the Administrator of the Farm Service Agency, in consultation with the Chief of the Forest Service— shall provide funds for technical assistance directly to a State forestry agency; and is encouraged to partner with a nongovernmental organization— to make recommendations for conservation practices under the program; to provide technical assistance necessary to carry out the conservation practices recommended under clause (i); and to implement riparian buffers by— pooling and submitting applications on behalf of owners and operators in a specific watershed; and carrying out management activities for the duration of the program. Of the acres of land maintained in the conservation reserve in accordance with section 1231(d)(1), to the maximum extent practicable, not less than 20 percent of the acres enrolled in the conservation reserve program using continuous sign-up under section 1234(d)(2)(A)(ii) shall be enrolled under an agreement under subsection (b)(1). Not later than 180 days after the end of each fiscal year, the Secretary shall submit to Congress a report that describes, with respect to each agreement entered into under subsection (b)(1)— the status of the agreement; the purposes and objectives of the agreement; the Federal and eligible partner commitments made under the agreement; and the progress made in fulfilling those commitments. . Section 1240R(c)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5(c)(3) ) is amended by striking a special conservation reserve enhancement program described in section 1234(f)(4) and inserting the Conservation Reserve Enhancement Program under section 1231A . Section 1244(f)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3844(f)(3) ) is amended by striking subsection (d)(2)(A)(ii) or (g)(2) of section 1234 and inserting section 1231A or 1234(d)(2)(A)(ii) .
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- 16 USC 3839bb–5(c)(3)
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Sec. 2105
Conservation reserve enhancement program
Cite16 USC 3839bb–5(c)(3)
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