Sec. 2411. Regional conservation partnership program

3,755 words·~17 min read·/bill/115/hr/2/eas/section-2411

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1271 of the Food Security Act of 1985 ( 16 U.S.C. 3871 ) is amended— in subsection (a)— in paragraph (1), by inserting , including grant agreements under section 1271C(d), after partnership agreements ; and in paragraph (2), by striking contracts with producers and inserting program contracts with eligible producers ; and in subsection (b)— in paragraph (1), in the matter preceding subparagraph (A), by striking use covered programs and inserting carry out conservation activities ; by striking paragraph

(2)and inserting the following: To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale. ; in paragraph (3)— in the matter preceding subparagraph (A), by inserting eligible before producers ; and in subparagraph (B), by striking installation and inserting adoption, installation, ; and by adding at the end the following: To encourage the flexible and streamlined delivery of conservation assistance to eligible producers through partnership agreements. To encourage alignment of partnership projects with other Federal, State, and local agencies and programs addressing similar natural resource or environmental concerns in a coordinated manner. To engage eligible producers in conservation projects to achieve greater conservation outcomes and benefits for eligible producers than would otherwise be achieved. To advance conservation and rural community development goals simultaneously. . Section 1271A of the Food Security Act of 1985 ( 16 U.S.C. 3871a ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by inserting a purpose, activity, or agreement under any of after means ; and by adding at the end the following: The conservation reserve program established under subchapter B of chapter 1 of subtitle D. The program established by the Secretary to carry out the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 ( 16 U.S.C. 1012 ) of that Act. ; by striking paragraphs

(2)and

(3)and inserting the following: The term eligible activity means— an eligible activity under the statutory authority for a covered program; and any other related activity that an eligible partner determines will help address natural resource concerns, subject to the approval of the Secretary. The term eligible land means— eligible land under the statutory authority for a covered program; and any other agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help address natural resource concerns. ; in paragraph (4)— in subparagraph (E), by inserting acequia, after irrigation district, ; and by adding at the end the following: An organization described in clause (i), (ii), or

(iii)of section 1265A(2)(B). A conservation district. ; by redesignating paragraphs

(5)and

(6)as paragraphs

(6)and (7), respectively; by inserting after paragraph

(4)the following: The term eligible producer means a person, legal entity, or Indian tribe that is an owner or operator on eligible land. ; and by adding at the end the following: The term program contract means the contract established by the Secretary under section 1271C(b)(1). . Section 1271B of the Food Security Act of 1985 ( 16 U.S.C. 3871b ) is amended— in subsection (a), by inserting eligible before producers ; by striking subsection

(b)and inserting the following: Except as provided in paragraph (2), the term of a partnership agreement shall not be longer than 5 years. Subject to approval by the Secretary, the term of a partnership agreement may be longer than 5 years if the longer period is concurrent with a deadline established under a State or Federal program that relates specifically to the project. In the case of special circumstances outside the control of an eligible partner (as determined by the Secretary) that have created a delay in the implementation of a project of the eligible partner, the eligible partner may request an extension of the term of the partnership agreement. If an eligible partner demonstrates to the satisfaction of the Secretary that the eligible partner has made progress in addressing 1 or more natural resource concerns defined in the partnership agreement, not earlier than 1 year before the date of expiration of the partnership agreement, the eligible partner may request from the Secretary a renewal of the partnership agreement, including a renewal of funding, through an expedited approval process— to continue to implement the partnership agreement; to expand the scope of the partnership agreement; to enroll additional eligible producers; or to carry out other conservation activities relating to the project, including the assessment of the project under subsection (c)(1)(E), as mutually agreed by the Secretary and the eligible partner. ; in subsection (c)— in paragraph (1)— in subparagraph (A)— by redesignating clauses

(iii)and

(iv)as clauses

(iv)and (v), respectively; and by striking clauses

(i)and

(ii)and inserting the following: 1 or more natural resource concerns that the project shall address; the eligible activities on eligible land to be conducted under the project to address the natural resource concerns; the implementation timeline for carrying out the project, including any interim milestones; ; in subparagraph (B), by inserting eligible before producers ; in subparagraph (C), by striking a producer each place it appears and inserting an eligible producer ; in subparagraph (D), by inserting or in-kind contributions after additional funds ; and in subparagraph (E), by striking of the project’s effects; and and inserting the following: “of— the progress made by the project in addressing each natural resource concern defined in the partnership agreement, including in a quantified form; and as appropriate, other environmental, economic, or social outcomes of the project; and ; and in paragraph (2)— by striking An eligible and inserting the following: An eligible ; and by adding at the end the following: A contribution of an eligible partner under this paragraph may be in the form of— direct funding; in-kind support; or a combination of direct funding and in-kind support. Any amounts expended during the period beginning on the date on which the Secretary announces the approval of an application under subsection

(e)and ending on the day before the effective date of the partnership agreement by an eligible partner for staff salaries or development of the partnership agreement shall be considered to be a part of the contribution of the eligible partner under this paragraph. ; by redesignating subsection

(d)as subsection (e); by inserting after subsection

(c)the following: The Secretary shall— establish a timeline for carrying out the duties of the Secretary under a partnership agreement, including— entering into contracts with eligible producers; providing financial assistance to eligible producers; and in the case of a partnership agreement that is a grant agreement under section 1271C(d), providing the grant amounts to the eligible partner; establish in each State a program coordinator for the State, who shall be responsible solely for providing assistance to eligible partners and eligible producers under the program; establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E); provide to each eligible partner that has entered into a partnership agreement— a semiannual report describing the status of each pending and obligated contract under the project of the eligible partner; and an annual report describing how the Secretary used amounts reserved by the Secretary for that year for technical assistance under section 1271D(f); allow an eligible partner to use a new or modified conservation practice standard under a partnership agreement, if the Secretary ensures that the new or modified conservation practice standard— is based on the best available science; is implemented after consultation with the Secretary at the local level to assess the anticipated effectiveness of the new or modified conservation practice standard; and effectively addresses natural resource concerns; and ensure that any eligible activity effectively addresses natural resource concerns. ; and in subsection

(e)(as redesignated by paragraph (4))— by striking paragraph

(2)and inserting the following: In carrying out the process described in paragraph (1), the Secretary shall— make public the criteria used in evaluating applications; and in the case of an application submitted by a lead eligible partner that identifies a local conservation district as another eligible partner for the project, evaluate the engagement of the lead eligible partner with the local conservation district to ensure local input. ; in paragraph (3)— by striking the paragraph designation and heading and all that follows through description of— and inserting the following: The Secretary shall develop a simplified application process that requires each application submitted under this subsection to include a description of— ; in subparagraph (C), by striking , including the covered programs to be used ; and in subparagraph (D), by inserting or in-kind after financial ; in paragraph (4)— in the matter preceding subparagraph (A), by striking may and inserting shall ; in subparagraphs

(A)and (B), by inserting eligible before producers each place it appears; by striking subparagraph (D); by redesignating subparagraphs

(E)and

(F)as subparagraphs

(G)and (H), respectively; and by inserting after subparagraph

(C)the following: build new partnerships at the local, State, and corporate levels or include a diversity of stakeholders in the project; deliver a high percentage of applied conservation— to address the identified natural resource concerns; or in the case of a project in a critical conservation area under section 1271F, to address the critical conservation condition for that critical conservation area; develop and implement new watershed or habitat plans to address 1 or more natural resource concerns; or implement the project consistent with existing watershed restoration plans; ; and by adding at the end the following: To the extent practicable, after receipt of an application under this subsection, the Secretary shall provide to each applicant information and feedback (including written information and feedback, as the Secretary determines to be appropriate) throughout the annual program application process for any improvements that could be made to the application. . Section 1271C of the Food Security Act of 1985 ( 16 U.S.C. 3871c ) is amended— in the section heading, by inserting before eligible ; producers by striking subsections

(a)and

(b)and inserting the following: An eligible producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary. The Secretary shall establish a program contract to be entered into with an eligible producer to conduct eligible activities on eligible land, subject to such terms and conditions as the Secretary may establish. An eligible partner may submit to the Secretary, on behalf of eligible producers, a bundle of applications for assistance under the program through program contracts to address a substantial portion of a natural resource concern defined in the partnership agreement. The Secretary shall give priority to applications described in subparagraph (A). ; in subsection (c)— in paragraph (1), by striking In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer and inserting Subject to section 1271D, the Secretary may make payments to an eligible producer ; in paragraph (2), by inserting eligible before producers each place it appears; and in paragraph (3), by striking participating and inserting eligible ; and by adding at the end the following: A partnership agreement may be a grant agreement entered into with an eligible partner in accordance with this subsection. Under a grant agreement under paragraph (1)— using amounts made available to carry out this subtitle, the Secretary shall provide to the eligible partner a grant; the eligible partner shall carry out eligible activities on eligible land (including by contracting with 1 or more producers, if the eligible partner determines the contracting to be appropriate), on the condition that the eligible activities directly or indirectly benefit agricultural producers (including forestry producers), to address natural resource concerns on a regional or watershed scale, such as— infrastructure investments relating to agricultural or nonindustrial private forest production that would benefit multiple producers, such as a multiproducer irrigation water delivery system, including investments to address drought; projects addressing water quality or quantity concerns (including drought) in coordination with producers, including the development and implementation of watershed plans; projects that use innovative approaches to leveraging the Federal investment in conservation with private financial mechanisms, in conjunction with agricultural production or forest resource management, such as— the provision of performance-based payments to eligible producers; and support for an environmental market; projects that facilitate pilot testing of new conservation practices, technologies, or activities; projects that promote the long-term viability and sustainability of agricultural land through innovative agricultural land and water protection strategies and mechanisms, including projects that support the transfer of land to beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers; and other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the grant agreement; and the Secretary may provide technical and administrative assistance, as mutually agreed by the parties. The adjusted gross income limitation described in section 1001D(b)(1) shall not apply to the receipt by an eligible partner of a grant under this subsection. The Secretary may not use more than 30 percent of funding made available to carry out the program for grant agreements. An eligible partner that enters into a grant agreement under this subsection shall submit to the Secretary— any information that the Secretary requires to prepare the report under section 1271E(b); and an annual report that describes the status of the project carried out by the eligible partner, including a description of— the use of the grant funds; any subcontracts awarded using grant funds; the eligible producers receiving funding using the grant funds; the progress made by the project in addressing each natural resource concern defined in the grant agreement, including in a quantified form; and as appropriate, other environmental, economic, or social outcomes of the project; and any other reporting data the Secretary determines are necessary to ensure compliance with the program rules. . Section 1271D of the Food Security Act of 1985 ( 16 U.S.C. 3871d ) is amended— in subsection (a)— by striking $100,000,000 and inserting $200,000,000 ; and by striking 2014 through 2018 and inserting 2019 through 2023 ; in subsection (c), by striking paragraphs

(1)and

(2)and inserting the following: To ensure that additional resources are available to carry out the program, in addition to the funds made available under subsection (a), for each fiscal year the Secretary shall transfer 7 percent of the funds and acres made available for the following programs: The conservation stewardship program established under subchapter B of chapter 2 of subtitle D. The environmental quality incentives program established under chapter 4 of subtitle D. The agricultural conservation easement program established under subtitle H. Any funds or acres transferred under paragraph

(1)shall remain available for obligation only for the purposes of carrying out the program until expended. To the maximum extent practicable, of projects receiving funds or acres transferred under paragraph

(1)from a program described in subparagraph (A), (B), or

(C)of that paragraph, the percentage of projects that shall have purposes similar to the purposes of the applicable program from which funds or acres were transferred shall be approximately equal to the percentage of funds or acres transferred from the applicable program. ; in subsection (d)— in paragraph (1), by striking 25 percent of the funds and acres to projects based on a State competitive process administered by the State Conservationist, with the advice of the State technical committee and inserting the following: 40 percent of the funds and acres to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees ; by striking paragraph (2); by redesignating paragraph

(3)as paragraph (2); and in paragraph

(2)(as so redesignated), by striking 35 percent and inserting 60 percent ; in subsection (e)— by striking None of the funds and inserting the following: Except as provided in paragraph (2), none of the funds ; and by adding at the end the following: Under a partnership agreement, the Secretary may advance reasonable amounts of funding for technical assistance to eligible partners to conduct project development and outreach activities in a project area, including— providing outreach and education to eligible producers for potential participation in the project; developing a watershed or habitat plan; establishing baseline metrics to support the development of the assessment required under section 1271B(c)(1)(E); or providing technical assistance to eligible producers. The Secretary may reimburse reasonable amounts of funding for activities conducted during the period beginning on the date on which the Secretary announces the approval of an application under section 1271B(e) and ending on the day before the effective date of the partnership agreement. ; and by adding at the end the following: At the time of project selection, the Secretary shall identify and make publically available the amount that the Secretary shall use to provide technical assistance under the terms of the partnership agreement. The Secretary shall limit costs of the Secretary for technical assistance to costs specific and necessary to carry out the objectives of the program. The Secretary shall develop and implement strategies to encourage third-party technical service providers to provide technical assistance to eligible partners pursuant to a partnership agreement. . Section 1271E of the Food Security Act of 1985 ( 16 U.S.C. 3871e ) is amended— in subsection (b)— in the matter preceding paragraph (1), by striking December 31, 2014 and inserting December 31, 2018 ; in paragraphs

(1)and (2), by inserting eligible before producers each place it appears; by redesignating paragraphs

(1)through

(4)as paragraphs

(2)through (5), respectively; and by inserting before paragraph

(2)(as so redesignated) the following: a summary of— the progress made towards addressing the 1 or more natural resource concerns defined for the projects; and any other related environmental, social, or economic outcomes of the projects; ; and by adding at the end the following: The Secretary may not provide assistance under the program to an eligible producer unless the eligible producer agrees, during the program year for which the assistance is provided— to comply with applicable conservation requirements under subtitle B; and to comply with applicable wetland protection requirements under subtitle C. To the maximum extent practicable, in carrying out the program, the Secretary shall work with eligible partners to maintain eligible benefits available through the covered programs for beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers. The Secretary shall issue regulations to carry out the program. . Section 1271F of the Food Security Act of 1985 ( 16 U.S.C. 3871f ) is amended— by redesignating subsections (a), (b), and

(c)as subsections (b), (c), and (e), respectively; by inserting before subsection

(b)(as so redesignated) the following: In this section: The term critical conservation area means a geographical area that contains a critical conservation condition that can be addressed through the program. The term critical conservation condition means— a condition of land that would benefit from water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; and a condition of land that would benefit from water quantity improvement, including improvement relating to— drought; groundwater, surface water, aquifer, or other water sources; or water retention and flood prevention. ; in subsection

(b)(as so redesignated)— by striking producer and inserting program ; and by inserting that address each critical conservation condition for which the critical conservation area is designated before the period at the end; in subsection

(c)(as so redesignated)— by redesignating paragraphs

(1)through

(3)as paragraphs

(2)through (4), respectively; by inserting before paragraph

(2)(as so redesignated) the following: The Secretary shall identify 1 or more critical conservation conditions that apply to each critical conservation area designated under this section after the date of enactment of the Agricultural Act of 2014 ( Public Law 113–79 ; 128 Stat. 649), including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the critical conservation conditions. ; in paragraph

(2)(as so redesignated)— by striking subparagraphs

(C)and

(D)and inserting the following: contains a critical conservation condition; or ; by redesignating subparagraph

(E)as subparagraph (D); and in subparagraph

(D)(as so redesignated), by inserting eligible before producers ; and by striking paragraph

(3)(as so redesignated) and inserting the following: The Secretary may— review designations of critical conservation areas under this section not more frequently than once every 5 years; and withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area. ; by inserting after subsection

(c)(as so redesignated) the following: The Secretary shall provide outreach and education to eligible partners and eligible producers in critical conservation areas designated under this section to encourage the development of projects to address each critical conservation condition identified by the Secretary for that critical conservation area. ; in subsection

(e)(as so redesignated)— in paragraph (1), by striking producer and inserting program ; and by striking paragraph (3); and by adding at the end the following: Not later than December 31, 2018, and each year thereafter, 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 status of each critical conservation condition for each critical conservation area designated under this section, including— the conditions for which each critical conservation area is designated; conservation goals and outcomes sufficient to demonstrate that progress is being made to address the critical conservation conditions; the partnership agreements selected to address each conservation goal and outcome; and the extent to which each conservation goal and outcome is being addressed by the partnership agreements. . Section 1271E of the Food Security Act of 1985 ( 16 U.S.C. 3871e ) (as amended by subsection (f)) is amended— in subsection (a), by striking 1271B(d) each place it appears and inserting 1271B(e) ; and in subsection (b)(5), in the matter preceding subparagraph (A), by striking 1271C(b)(2) and inserting 1271C(d) . Section 1271F of the Food Security Act of 1985 ( 16 U.S.C. 3871f ) is amended in subsection

(b)(as redesignated by subsection (g)(1)) by striking 1271D(d)(3) and inserting 1271D(d)(2) .

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