Sec. 2705. Funding
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/bill/118/s/5335/is/section-2705A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1271D of the Food Security Act of 1985 ( 16 U.S.C. 3871d ) is amended— by striking subsections
(a)through
(d)and inserting the following: Of the funds made available for the program under section 1241(a)(6), the Secretary shall allocate, to the extent practicable in order to maximize conservation benefits— $10,000,000 for each of fiscal years 2025 through 2029 for projects focused on establishing groundwater conservation easements that— are held by an eligible entity (as defined in section 1265A) participating in the partnership agreement; and meet the criteria described in paragraph (2); and of the remaining funds, for fiscal year 2025 and each fiscal year thereafter— 46 percent 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 established under subtitle G; 50 percent to projects for critical conservation areas designated under section 1271F; 3 percent to carry out activities described in section 1271B(d)(5); and 1 percent to carry out activities described in subsection (d). The criteria referred to in paragraph (1)(A)(ii) are the following: The terms of the groundwater conservation easement shall contain terms that encumber and sufficiently address the management, monitoring, and enforcement of surface water uses and groundwater rights and uses. The eligible partner shall— identify the applicable legal framework that would allow for a groundwater conservation easement to be established in the applicable jurisdiction; outline the specific attributes of the proposed groundwater conservation easement; identify the regulating organization that meters or monitors groundwater in the applicable jurisdiction; and identify the proposed valuation methodology. The eligible partner shall provide a letter of support from the applicable State Conservationist and a letter of compatibility from the appropriate State, local, and Tribal agencies responsible for oversight of conservation easements and groundwater use and regulation in the applicable jurisdiction. The Secretary may provide to an eligible partner a payment for indirect costs to cover administrative expenses of the eligible partner under a partnership agreement. Subject to subparagraph (B), the rate of a payment for indirect costs under paragraph
(1)shall be— an indirect cost rate negotiated by the Secretary and the eligible partner, which shall not exceed 20 percent of the total project cost; or if the eligible partner does not have a negotiated indirect cost rate described in subparagraph (A), 20 percent of the total project cost. In the case of a partnership agreement that primarily serves historically underserved producers, as determined by the Secretary, the rate of a payment for indirect costs under paragraph
(1)may be up to 30 percent of the total project cost. ; by redesignating subsection
(e)as subsection (c); in subsection
(c)(as so redesignated)— by striking paragraphs
(1)and
(2)and inserting the following: An eligible partner may provide technical assistance to producers as needed to support project planning and implementation for conservation benefits. 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 not use amounts provided under a partnership agreement for technical assistance provided by the Secretary without providing explicit notification to the eligible partner. The Federal share of the cost of technical assistance provided by an eligible partner shall be not more than 30 percent of the total cost of the project. ; and in paragraph (3), by striking pursuant to a partnership agreement and inserting and producers participating in the program ; and by adding at the end the following: The Secretary shall ensure the timely development and availability of integrated information technology and automated programmatic tools to support program implementation. Subject to section 1244(b) of this Act and section 1619 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791 ), the Secretary may develop protocols for eligible partners to access automatic programmatic tools of the Department of Agriculture in a manner that supports the implementation of an approved project. .
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