Sec. 2502. Delivery of technical assistance
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Section 1242 of the Food Security Act of 1985 ( 16 U.S.C. 3842 ) is amended— in subsection (a)— by redesignating paragraphs
(1)and
(2)as paragraphs
(2)and (4), respectively; by inserting before paragraph
(2)(as so redesignated) the following: The term approved non-Federal certifying entity means a non-Federal entity approved by the Secretary under subsection (e)(5)(C)(ii) to perform certifications of third-party providers under this section. ; and by inserting after paragraph
(2)(as so redesignated) the following: The term farmer-to-farmer network means any affiliation or association of farmers that share information, technical assistance, or any other type of mutually beneficial support. ; in subsection (b), by striking science-based, site-specific practices designed and inserting timely, science-based, and site-specific practice design and implementation assistance ; in subsection (d), by inserting (including private sector entities) after non-Federal entities ; in subsection (e)— in paragraph (2), by striking Food, Conservation, and Energy Act of 2008 and inserting ; Rural Prosperity and Food Security Act of 2024 in paragraph (3)(A), by striking ensure and all that follows through engineering, and inserting ensure that third-party providers with expertise in the technical aspects of conservation planning, watershed planning, environmental engineering, conservation practice design, implementation, and evaluation, or other technical skills, as determined by the Secretary, ; and by striking paragraphs
(4)and
(5)and inserting the following: The Secretary shall certify a third-party provider through— a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; a non-Federal entity (other than a State agency) approved by the Secretary to perform the certification; or a State agency with State statutory authority to certify, administer, or license professionals in one or more fields of natural resources, agriculture, or engineering approved by the Secretary to perform the certification. Not later than 180 days after the date of enactment of the Rural Prosperity and Food Security Act of 2024 , the Secretary shall establish a process for the certification of third-party providers through approved non-Federal certifying entities, with the goal of increasing third-party provider capacity, including the certification of qualified agricultural retailers, cooperatives, professional societies, service providers, and organizations described in section 1265A(3)(B)(i). In determining the eligibility of an entity described in subparagraph
(B)or
(C)of paragraph
(4)(referred to in this paragraph as a non-Federal entity ) to perform certifications, the Secretary shall consider— the ability and capacity of the non-Federal entity to assess qualifications of a third-party provider and certify third-party providers at scale; the experience of the non-Federal entity in working with third-party providers and eligible participants; the expertise of the non-Federal entity in the technical and science-based aspects of conservation delivery described in paragraph (3)(A); the history of the non-Federal entity in working with agricultural producers; and such other qualifications as the Secretary determines to be appropriate. Not later than 40 business days after the date on which the Secretary receives an application submitted by a non-Federal entity to perform certifications of third-party providers under this section, the Secretary shall— determine if the non-Federal entity meets the eligibility requirements established under subparagraph (B); and if the Secretary makes a positive determination under clause (i), approve the non-Federal entity to perform certifications of third-party providers under this section. Not later than 10 business days after the date on which the Secretary receives a notification submitted by a third-party provider that the third-party provider has been certified by an approved non-Federal certifying entity to provide technical assistance for specified practices and conservation activities, the Secretary shall— review the certification; and if the certification is satisfactory to the Secretary, include the name of the third-party provider on the registry of certified third-party providers maintained by the Secretary. An approved non-Federal certifying entity shall— assess the ability of a third-party provider to appropriately provide technical assistance to eligible participants for specified practices and conservation activities; and provide to third-party providers certified by the approved non-Federal certifying entity— training to ensure that the third-party providers are qualified to provide the technical assistance described in clause (i); and continuing education, as appropriate, to ensure that the third-party providers are educated in the most recent technical- and science-based aspects of conservation delivery. Not later than 180 days after the date of enactment of the Rural Prosperity and Food Security Act of 2024 , the Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a certified crop advisor certified by the American Society of Agronomy, a professional engineer, or a holder of a technical certification approved by the Secretary. ; in subsection (f)— in paragraph (1), by inserting and for the purpose of carrying out subsection
(k)before the period at the end; in paragraph (2), in the matter preceding subparagraph (A), by inserting or an approved non-Federal certifying entity after third-party provider ; by striking paragraph
(3)and inserting the following: Not later than 1 year after the date of enactment of the Rural Prosperity and Food Security Act of 2024 , and additionally thereafter at the discretion of the Secretary, the Secretary shall— review certification requirements for third-party providers; make any adjustments considered necessary by the Secretary to improve participation and the quality and effectiveness of conservation practices implemented and adopted with support from technical service providers; and conduct outreach to and receive input from third-party providers, both that currently participate in the program under this section and those that no longer participate in the program, and entities, organizations, and associations providing or supporting consultative services to agriculture, livestock, and forest producers to assess barriers and opportunities for the use of third-party provider assistance for improved conservation program delivery. ; in paragraph (4)(A)(i), by inserting maintenance, after outreach, ; and by striking paragraph
(5)and inserting the following: The Secretary shall establish fair and reasonable amounts of payments for technical services provided by third-party providers at rates equivalent to, but that do not exceed, technical assistance provided by the Secretary. In determining fair and reasonable payment amounts under subparagraph (A), the Secretary shall consider specialized equipment, frequency of site visits, training, travel and transportation, and such other factors as the Secretary determines to be appropriate. A payment provided under another Federal program directly to an eligible participant for technical assistance provided by a third-party provider certified under this section shall be— excluded from cost-sharing requirements under the program under which the payment was provided; and equal to not more than 100 percent of the fair and reasonable payment amount for the applicable technical assistance determined under subparagraph (B). Not later than 1 year after the date of establishment of the processes under paragraphs (5)(A) and
(6)of subsection (e), and routinely thereafter, the Secretary shall provide accessible public information on— funds obligated to third-party providers through— contracts entered into between eligible participants and individual third-party providers; and agreements with public and private sector entities to secure third-party technical assistance; certification results, including— the number of third-party providers certified by the Secretary; the number of approved non-Federal certifying entities; the number of third-party providers certified through approved non-Federal certifying entities; and the number of third-party providers certified based on State agency or professional association credentialing; and the estimated number of staff hours or full-time equivalents saved through work accomplished by third-party providers. ; in subsection (h)— in the subsection heading, by inserting before Establishment and ; Review in paragraph (1)— in subparagraph (A)— by striking not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018 and inserting not less frequently than once every 5 years ; by inserting on a rolling basis, after standard, ; and by striking that Act and inserting the ; Rural Prosperity and Food Security Act of 2024 in subparagraph (C), by striking and at the end; in subparagraph (D), by striking the period at the end and inserting a semicolon; and by adding at the end the following: provide an opportunity for public input on each conservation practice standard under review; publicly post a summary of comments received under subparagraph
(E)and decisions made or not made due to those comments; and publish each revised conservation practice standard. ; in paragraph (2), by inserting Indian Tribes, Tribal organizations, Native Hawaiian organizations, after nongovernmental organizations, ; by striking paragraph
(3)and inserting the following: Not later than 1 year after the date of enactment of the Rural Prosperity and Food Security Act of 2024 , the Secretary shall— develop, for the programs under this title, a streamlined, publicly accessible, administrative process for establishing, including proposing, reviewing, and adopting, interim conservation practice standards and conservation practice standards; and publish a detailed description of the process developed under clause (i), including— specific thresholds appropriate for expedited review; and an associated timeline for the implementation of the review. Under the process established under subparagraph (A), the Secretary shall— consider conservation innovations, scientific and technological advancements, and traditional ecological knowledge, including from projects developed under section 1240H; allow State, local, and Tribal flexibility in the creation of— interim conservation practice standards and supplements to existing conservation practice standards to address the considerations described in clause (i); and partnership-led proposals for new and innovative techniques to facilitate implementing agreements and grants under this title; solicit regular input from State technical committees established under section 1261(a) for recommendations that identify innovations or advancements described in clause (i); and allow for public submission of proposals for consideration as interim conservation practice standards. Under the process established under subparagraph (A), the Secretary shall make publicly available information describing— what constitutes— a conservation practice standard; and an interim conservation practice standard; the process by which the public can submit to the Secretary proposals for consideration as interim conservation practice standards, including a template and written instructions for how to submit a conservation practice for consideration; the data, metrics, third-party or scientific information, and other relevant information that the Secretary needs to consider in the establishment of interim conservation practice standards; the process by which an interim conservation practice standard becomes a conservation practice standard; the means by which the public can engage State technical committees established under section 1261(a) to consider interim conservation practice standards already in effect in other States; and such other information as the Secretary determines to be appropriate. ; in paragraph (4)— in the matter preceding subparagraph (A)— by striking Agriculture Improvement Act of 2018 and inserting ; and Rural Prosperity and Food Security Act of 2024 by striking Congress a report on— and inserting Congress and make publicly available on a website of the Department of Agriculture a report describing— ; in subparagraph (A), by inserting a detailed description of before the administrative ; in subparagraph (B)— by striking or revised ; and by striking and at the end; in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following: such other information as the Secretary determines to be appropriate with respect to improving the process for reviewing and establishing conservation practice standards. ; and by adding at the end the following: Not later than 180 days after the date of enactment of this paragraph, the Secretary shall— complete a review of conservation practice standards in effect on the day before the date of enactment of this paragraph to consider any revisions to conservation practice standards, including for feed management, or new conservation practice standards that would be appropriate to assist in reducing enteric methane emissions; revise appropriate conservation practice standards in effect on the day before the date of enactment of this paragraph as necessary to assist in reducing enteric methane emissions; and establish any appropriate new conservation practice standards to assist in reducing enteric methane emissions. ; and by adding at the end the following: In this subsection, the term Native entity means— an Indian Tribe; and a conservation-focused Native Hawaiian organization. The Secretary shall, to the maximum extent practicable, fully incorporate Native traditional ecological knowledge into the conservation practice standards, including the Native conservation practice standards developed under paragraph (3). Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish in each service area office of the Natural Resources Conservation Service a working group consisting of— a representative from the applicable State technical committee established under section 1261(a); the applicable State Conservationist of the Natural Resources Conservation Service; and a designated representative from each Native entity within the service area that elects to participate. Each working group established under subparagraph
(A)shall develop technical standards based on Native traditional ecological knowledge to be— recognized as Native conservation practice standards for the applicable service area; and incorporated into the Natural Resources Conservation Service field office technical guide for the applicable service area. The purposes of this subsection are— to build capacity for farmer-to-farmer networks, connect farmers with mentors or group learning opportunities, and support goal setting to increase long-term adoption of consistent, science-based, site-specific practices designed to achieve conservation objectives on land active in agricultural, forestry, or related uses; to increase the provision of technical assistance that meets the specific needs of, and is accessible to, farmers, ranchers, and forest owners using different farming models, practices, and scales; and to establish and steward farmer-to-farmer networks. The Secretary may enter into cooperative agreements with eligible entities to carry out the purposes described in paragraph (1). An entity eligible to enter into a cooperative agreement with the Secretary under subparagraph
(A)is— a nonprofit entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; a farmer-to-farmer network; an Indian Tribe; a Tribal organization; a Native Hawaiian organization, including the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs; a unit of local government (including a conservation district and a conservation district association); an institution of higher education; a State; and any other entity designated by the Secretary. In selecting eligible entities with which to enter into cooperative agreements under subparagraph (A), the Secretary shall give priority to eligible entities that seek to meet the specific needs of, and are accessible to— historically underserved farmers, ranchers, and forest owners, including limited-resource farmers, ranchers, and forest owners; or farmers, ranchers, and forest owners operating in high-poverty areas. If an eligible entity provides assistance to establish a farmer-to-farmer network using assistance provided through a cooperative agreement under paragraph (2), the eligible entity shall be responsible for not less than 2 of the following actions: Facilitating and increasing farmer access to farmer-to-farmer networks. Facilitating mentor and mentee matchmaking among farmers. Coordinating training and resources to build the skills of farmer-to-farmer network leaders and participants for effective education, grassroots-based learning, and cross-training with respect to the facilitation of, information about, and other skills with respect to building effective farmer-to-farmer networks. Maintaining and promulgating a list of relevant entities, associations, and individuals that are supporting, or have an interest in supporting, farmer-to-farmer networks. Administering subawards to increase farmer access to farmer-to-farmer assistance in accordance with paragraph (4). Other actions determined appropriate by the Secretary. If an eligible entity provides assistance described in subparagraph
(A)to a non-English speaking farmer, rancher, or forest owner, the eligible entity shall, to the greatest extent practicable, provide that assistance in the native language of the farmer, rancher, or forest owner. If an eligible entity awards a subaward pursuant to paragraph (3)(A)(v) to an eligible subawardee described in subparagraph (B), the eligible subawardee shall use that award— to plan and conduct events, and identify and develop innovative activities, to support building capacity for farmer-to-farmer networks, connecting farmers with mentors or group learning opportunities, and supporting goal setting to increase long-term adoption of consistent, science-based, site-specific conservation objectives on land active in agricultural, forestry, or related uses; and to compensate participants in the events and activities described in clause
(i)at market rates. An entity eligible for a subaward under paragraph (3)(A)(v) is— a nonprofit entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; a farmer-to-farmer network; an Indian Tribe; a Tribal organization; a Native Hawaiian organization (as defined in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 )); a unit of local government (including a conservation district and a conservation district association); an institution of higher education; an individual; and any other entity designated by the Secretary. The Secretary, in conjunction with the Chief of the Natural Resources Conservation Service, shall establish any necessary additional requirements for subawards under paragraph (3)(A)(v). In carrying out the conservation programs under this title, the Secretary may provide technical assistance under those programs to farmers growing crops below or in tandem with solar energy systems. .
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