Sec. 303. Conservation Stewardship Program
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Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 ) is amended— in paragraph (2)— in subparagraph (A), by inserting enhancements, after practices, ; and in subparagraph (B)(v), by inserting and climate change before the period at the end; and in paragraph (3)(C), by inserting maintained, actively after implemented, . Section 1240J(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–22(a) ) is amended— in the matter preceding paragraph (1), by striking 2023 and inserting 2030 ; and by striking paragraphs
(1)and
(2)and inserting the following: by maintaining, actively managing, and, where possible, improving upon existing conservation activities; and by undertaking additional conservation activities. . Section 1240K(a)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(a)(2)(B) ) is amended by striking improving, maintaining, and managing and inserting maintaining, actively managing, and, where possible, improving . Section 1240K(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b) ) is amended— by amending paragraph (1)(A)(iii) to read as follows: other criteria consistent with an equal weighting of the factors described in clauses
(i)and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that— the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and other national, State, and local priority resource concerns are effectively addressed. ; and by striking paragraph (3). Section 1240K(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(e) ) is amended to read as follows: The Secretary may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period if the producer— demonstrates compliance with the terms of the existing contract; agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period as determined by the Secretary; and agrees, by the end of the contract period, to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation, if applicable. In determining whether to accept an application for contract renewal under this subsection, and when calculating payments for such renewal contracts, the Secretary shall consider the full conservation benefits across the entire agricultural operation, including— the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and the active management and maintenance of ongoing conservation activities, including— the conservation activities adopted during a prior contract period; and the new or improved conservation activities to be adopted if a contract is renewed. . Section 1240L(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(a)(2) ) is amended by inserting (which may include climate change adaptation and mitigation) after priority resource concerns . Section 1240L(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c) ) is amended— in paragraph (1)— in subparagraph (A), by inserting on one or more types of eligible land covered by the contract after activities ; and in subparagraph (B), by striking improving, maintaining, and managing and inserting maintaining, actively managing, and improving ; in paragraph (2)— by amending subparagraph
(B)to read as follows: Income forgone by the producer, including amounts that reflect— increased economic risk; and loss in revenue due to production changes, anticipated reductions in yield, transitioning to an organic system, resource-conserving cropping system, or perennial production system, or acreage converted to conservation uses. ; in subparagraph (E), by inserting , actively managed, and, where applicable, improved after maintained ; and by adding at the end the following: The Secretary shall provide payments under this subsection for conservation activities related to— organic production; and transitioning to organic production. Such conservation activities may include both generally available and specifically tailored conservation activities, and both individual conservation activities and bundles of conservation activities. The amount of an annual payment under the program shall be not less than $2,000. . Section 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa-24(d) ) is amended— in the subsection heading, by inserting after , perennial production systems, and ; rotations in paragraph (1), by adding at the end the following: The term perennial production system means— the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; the use of woodland for agroforestry, including forest farming, multi-story cropping, and related production practices, as determined by the Secretary; and the use of cropland for perennial forages or perennial grain crops. ; in paragraph (2)— in subparagraph (A), by striking or ; in subparagraph (B), by striking the period and inserting ; or ; and by adding at the end the following: a perennial production system. ; and in paragraph (3), by striking or advanced grazing management and inserting advanced grazing management, or a perennial production system . Section 1240L(e)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(e)(1) ) is amended to read as follows: In this subsection, the term comprehensive conservation plan means a conservation plan that— meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2); and with respect to an organic production system— is integrated with an organic system plan approved under the national organic program established under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq.); or allows a producer to transition to organic production systems and pursue certification under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq.). . Section 1240L(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(f) ) is amended— by striking fiscal years 2019 through 2023 and inserting any consecutive 5-year period ; and by inserting (including joint ventures and general partnerships) before the period at the end. Section 1240L(g) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(g) ) is amended by inserting , and producers transitioning to organic production systems, after organic producers . Section 1240L(k) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(k) ) is amended by striking the period at the end and inserting , including by— conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities. . Subchapter B of chapter 4 of subtitle D of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 et seq.) is amended by adding at the end the following: In this section, the term agricultural professional means university researchers and educators, including extension agents and specialists, Federal agency field staff, agricultural consultants, State and local agency staff, tribal agency staff, Federally-Recognized Tribes Extension Program agents, and nonprofit organization staff assisting farmers and ranchers at the local level. Out of the funds made available to carry out this chapter, the Secretary may pay the cost of competitive grants that are intended to stimulate innovative approaches on farms and ranches to leverage Federal investment in conservation stewardship, in conjunction with agricultural production or forest resource management, through the program. The Secretary shall carry out on-farm conservation innovation projects on eligible land of program participants— directly with producers participating in the program; or through partnerships between agricultural professionals and small groups of program participants. The Secretary may provide grants directly or through partnerships under this section to agricultural operations enrolled in the program, or groups of such operations, on a competitive basis, to carry out projects that— facilitate on-farm research and demonstration or pilot testing of new technologies or innovative conservation systems and practices that aim to reduce greenhouse gas emissions and decarbonize agriculture; facilitate on-farm research and demonstration or pilot testing of practices and systems with proven high impact for greenhouse gas emissions reduction and decarbonization with low national or regional adoption rates; or help prepare program participants for participation in environmental services markets that have as a primary goal greenhouse gas emissions reduction or decarbonization of agriculture. In carrying out this section, the Secretary shall enter into agreements with producers (either directly or through governmental or non-governmental organizations involved in a partnership) on whose land an on-farm conservation innovation trial is being carried out to provide payments to the producers to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits. Payments shall reflect the direct costs of the research and demonstration and compensation for foregone income, as appropriate to address the increased economic risk or lower economic return potentially associated with the innovative conservation approach. Adjusted gross income requirements under section 1001D(b)(1) shall— apply to producers receiving payments under this subsection; and be enforced by the Secretary. A governmental or non-governmental organization participating in an on-farm conservation stewardship innovation partnership project under this subsection shall report annually to the Secretary on the amount of payments made to individual farm operations under this subsection. The Secretary may provide partnerships under this section with up to $50,000 per project for research, technical assistance, and administrative expenses. An agreement entered into under paragraph
(1)shall be for a period determined by the Secretary that is— not less than 2 years; and if appropriate, more than 2 years, including if such a period is appropriate to support— adaptive management over multiple crop years; and adequate data collection and analysis by a producer or partnership to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary. In carrying out the program, the Secretary may accept financial or other contributions from individuals and public and private entities, if the Secretary determines that the contributions will further the purposes of the program. Such contributions may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits, under such terms and conditions as the Secretary may require. The Secretary may accept a contribution to the program under subsection
(a)from an individual or a public or private entity. In determining whether to accept a contribution under this subsection, the Secretary shall consider whether the contribution would target one or more of the following: Resource-conserving crop rotations, advanced grazing management, or perennial production systems. Cover crop activities. Organic production systems. Beginning and socially disadvantaged farmers and ranchers, or other underserved producers. Any contribution under this subsection shall be made subject to an agreement between the contributing individual or entity and the Secretary, under such terms and conditions as the Secretary may require. .
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- 16 USC 3839aa–21
- 16 USC 3839aa–22(a)
- 16 USC 3839aa–23(a)(2)(B)
- 16 USC 3839aa–23(b)
- 16 USC 3839aa–23(e)
- 16 USC 3839aa–24(a)(2)
- 16 USC 3839aa–24(c)
- 16 USC 3839aa–24(e)(1)
- 16 USC 3839aa–24(f)
- 16 USC 3839aa–24(g)
- 16 USC 3839aa–24(k)
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cites case law
Sec. 303
Conservation Stewardship Program
Cite16 USC 3839aa–21
Cite16 USC 3839aa–22(a)
Cite16 USC 3839aa–23(a)(2)(B)
Cite16 USC 3839aa–23(b)
Cite16 USC 3839aa–23(e)
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