Sec. 2303. Establishment and administration

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Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ) is amended— in subsection (a), by striking 2019 and inserting 2023 ; in subsection (b)(2)— by striking A contract and inserting the following: A contract ; and by adding at the end the following: In the case of a contract under the program entered into solely for the establishment of 1 or more annual management practices for the benefit of wildlife, notwithstanding any maximum contract term established by the Secretary, the contract shall have a term that does not exceed 10 years.

A contract under the program may include a practice that provides incentives to producers to— carry out postharvest flooding to provide seasonal wetland habitat for waterfowl and migratory birds during the fall and winter months; and maintain the hydrology of temporary and seasonal wetlands of not more than 2 acres in order to maintain waterfowl and migratory bird habitat on working cropland. ; in subsection (d)— in paragraph (4)(B)— in clause (i)— by striking Not more than and inserting The Secretary shall provide at least ; by striking may be provided ; and by striking the purpose of and inserting all costs related to ; in clause (ii), by striking 90-day and inserting 180-day ; and by adding at the end the following:

A producer described in subparagraph

(A)shall be given the opportunity to opt out of the advance payments under clause (i). ; and by adding at the end the following: Not later than 365 days after the date of enactment of this paragraph, the Secretary shall— review the cost share rates of payments made to producers for practices on eligible land under this section; and evaluate whether those rates are the least costly rates of payment that— encourage participation in the program; and encourage implementation of the most effective practices to address local natural resource concerns on eligible land. The Secretary shall issue guidance to States to consider the use of the least costly rate of payment to producers for practices. In determining the least costly rate of payment to producers under clause (i), the Secretary shall consider the rate of payment that— encourages participation in the program; and most effectively addresses local natural resource concerns on eligible land. Not later than 365 days after the date of enactment of this paragraph, the Secretary shall review conservation practice standards under the program to evaluate opportunities to increase flexibility within conservation practice standards while ensuring equivalent natural resource benefits. If the Secretary identifies under subparagraph

(A)a conservation practice standard that can be modified to provide more flexibility without compromising natural resource benefits, the Secretary shall issue guidance for revising the applicable conservation practice standard. Each State, in consultation with the State technical committee established under section 1261(a) for the State, may designate 10 practices to be eligible for increased payments under subparagraph (B), on the condition that the practice, as determined by the Secretary— has received a high Natural Resources Conservation Service evaluation score for addressing specific causes of impairment relating to excessive nutrients in groundwater or surface water or for addressing the conservation of water to advance drought mitigation; meets other environmental priorities; and is geographically targeted to address a natural resource concern in a specific watershed. Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training. ; in subsection (f)— in paragraph (1)— by striking 2014 through 2018 and inserting 2019 through 2023 ; by striking 60 and inserting 50 ; and by striking production. and inserting production, including grazing management practices. ; in paragraph (2)— by striking For each and inserting the following: For each ; and by adding at the end the following: For each of fiscal years 2019 through 2023, at least 10 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g). ; and by adding at the end the following: Not later than 365 days after the date of enactment of the Agriculture Improvement Act of 2018 , the Secretary shall review the process for determining annual funding allocations to States under the program. In conducting the review under subparagraph (A), the Secretary shall consider— the roles of, in determining annual funding allocations to States— relevant data on local natural resource concerns, including the outcomes of the Conservation Effects Assessment Project carried out by the Natural Resources Conservation Service; and the recommendations of State technical committees established under section 1261(a) and other local stakeholder input; how to utilize the data and local input described in subclauses

(I)and

(II)of clause

(i)such that, to the maximum extent practicable, consideration of local natural resource concerns is a leading factor when determining annual funding allocations to States; and the process used at the national level to evaluate State budget proposals and allocate funds to achieve priority natural resource objectives, including the factors considered in ranking State proposals. ; in subsection (h)— by striking paragraph

(1)and inserting the following: The Secretary may provide water conservation and system efficiency payments under this subsection to an entity described in paragraph

(2)or a producer for— water conservation scheduling, water distribution efficiency, soil moisture monitoring, or an appropriate combination thereof; irrigation-related structural or other measures that conserve surface water or groundwater, including managed aquifer recovery practices; or a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation. ; by redesigning paragraph

(2)as paragraph (3); by inserting after paragraph

(1)the following: Notwithstanding section 1001(f)(6), the Secretary may enter into a contract under this subsection with a State, irrigation district, groundwater management district, acequia, or similar entity under a streamlined contracting process to implement water conservation or irrigation practices under a watershed-wide project that will effectively conserve water, provide fish and wildlife habitat, or provide for drought-related environmental mitigation, as determined by the Secretary. Water conservation or irrigation practices that are the subject of a contract entered into under subparagraph

(A)shall be implemented on— eligible land of a producer; or land that is under the control of an irrigation district, a groundwater management district, an acequia, or a similar entity. The Secretary may waive the applicability of the limitations in section 1001D(b) or section 1240G for a payment made under a contract entered into under this paragraph if the Secretary determines that the waiver is necessary to fulfill the objectives of the project. ; in paragraph

(3)(as so redesignated)— in the matter preceding subparagraph (A), by striking to a producer and inserting under this subsection ; in subparagraph (A), by striking the eligible land of the producer is located, there is a reduction in water use in the operation of the producer and inserting the land on which the practices will be implemented is located, there is a reduction in water use in the operation on that land ; and in subparagraph (B), by inserting except in the case of an application under paragraph (2), before the producer agrees ; and by adding at the end the following: Nothing in this section authorizes the Secretary to modify the process for determining the annual allocation of funding to States under the program. ; in subsection (i)(3), by striking $20,000 per year or $80,000 during any 6-year period and inserting $160,000 during the period of fiscal years 2019 through 2023 ; and by adding at the end the following: On request of not more than 10 States, the Secretary may establish under the environmental quality incentives program a pilot program in that State under which the Secretary may— provide financial and technical assistance to small-scale agricultural producers, including beginning farmers and ranchers and limited resource producers, that enter into contracts with the Secretary under the pilot program to address natural resource concerns relating to production on small-scale agricultural operations; and conduct outreach to small-scale agricultural producers to increase participation in the pilot program. The Secretary shall determine whether a small-scale agricultural producer is eligible to receive payments under this subsection— on a State-by-State basis; in consultation with the technical committee established under section 1261(a) of the State in which the small-scale agricultural producer is located; and based on factors that may include— the operations of a small-scale agricultural producer, including with respect to adjusted gross income and gross sales; demographic data relating to small-scale agricultural producers compiled by the National Agricultural Statistics Service; and other relevant information, as determined by the Secretary. The Secretary shall provide payments under this subsection to a producer that is eligible for the payments under subparagraph

(A)in an amount that the Secretary determines is necessary to achieve the purpose described in paragraph (1)(A). To be eligible to receive financial and technical assistance under this subsection, a producer that is eligible for the assistance under paragraph (2)(A) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. To the maximum extent practicable, the Secretary shall limit the administrative burdens, and the regulatory barriers that contribute to administrative burdens, on producers applying for payments under this subsection, including by streamlining the application and approval processes for payments. The Secretary may designate a pilot program coordinator in each State who— at the time of designation is an employee of the Natural Resources Conservation Service in that State; and shall be responsible for— public outreach relating to the pilot program under this subsection; assisting producers in the submission of applications under the pilot program; and distributing financial and technical assistance under this subsection in that State. Not later than May 1, 2022, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the pilot program under this subsection, including— steps taken under paragraph (3)(B) to limit administrative burdens and regulatory barriers; and to the maximum extent practicable, demographic information about each small-scale agricultural producer participating in the pilot program. .

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16 USC 3839aa–2

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Sec. 2303

Establishment and administration

Cite16 USC 3839aa–2

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