Sec. 2304. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
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## SEC. 2304 ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM ###
(a)Establishment Section 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(a)) is amended by striking “2019” and inserting “2023”. ###
(b)Payments Section 1240B(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)) is amended— ####
(1)in paragraph (4)(B)— #####
(A)in clause (i)— ######
(i)by striking “Not more than” and inserting “On an election by a producer described in subparagraph (A), the Secretary shall provide at least”; ######
(ii)by striking “may be provided”; and ######
(iii)by striking “the purpose of” and inserting “all costs related to”; and #####
(B)by adding at the end the following: > > ###### “(iii) Notification and documentation > > The Secretary shall— > > > ###### “(I) > > notify each producer described in subparagraph (A), at the time of enrollment in the program, of the option to receive advance payments under clause (i); and > > > ###### “(II) > > document the election of each producer described in subparagraph
(A)to receive advance payments under clause
(i)with respect to each practice that has costs described in that clause.” > ; and ####
(2)by adding at the end the following: > > #### “(7) Increased payments for high-priority practices > > > ##### “(A) State determination > > Each State, in consultation with the State technical committee established under section 1261(a) for the State, may designate not more than 10 practices to be eligible for increased payments under subparagraph (B), on the condition that the practice, as determined by the Secretary— > > > ###### “(i) > > addresses specific causes of impairment relating to excessive nutrients in groundwater or surface water; > > > ###### “(ii) > > addresses the conservation of water to advance drought mitigation and declining aquifers; > > > ###### “(iii) > > meets other environmental priorities and other priority resource concerns identified in habitat or other area restoration plans; or > > > ###### “(iv) > > is geographically targeted to address a natural resource concern in a specific watershed. > > > ##### “(B) Increased payments > > Notwithstanding paragraph (2), in the case of a practice designated under subparagraph (A), 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.” > . ###
(c)Allocation of Funding Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended— ####
(1)in paragraph (1)— #####
(A)by striking “2014 through 2018” and inserting “2019 through 2023”; #####
(B)by striking “60” and inserting “50”; and #####
(C)by striking “production.” and inserting “production, including grazing management practices.”; and ####
(2)in paragraph (2)— #####
(A)by striking “ For each ” and inserting the following: > > ##### “(A) Fiscal years 2014 through 2018 > > For each” > ; and #####
(B)by adding at the end the following: > > ##### “(B) Fiscal years 2019 through 2023 > > 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).” > . ###
(d)Wildlife Habitat Incentive Program Section 1240B(g) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(g)) is amended by adding at the end the following: > > #### “(3) Maximum term > > 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 as described in paragraph (1), notwithstanding any maximum contract term established by the Secretary, the contract shall have a term that does not exceed 10 years. > > > #### “(4) Included practices > > For the purpose of providing seasonal wetland habitat for waterfowl and migratory birds, a practice that is eligible for payment under paragraph
(1)and targeted for funding under subsection
(f)may include— > > > ##### “(A) > > a practice to carry out postharvest flooding; or > > > ##### “(B) > > a practice to maintain the hydrology of temporary and seasonal wetlands of not more than 2 acres to maintain waterfowl and migratory bird habitat on working cropland.” > . ###
(e)Water Conservation or Irrigation Efficiency Practice Section 1240B(h) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(h)) is amended— ####
(1)by striking paragraph
(1)and inserting the following: > > #### “(1) Availability of payments > > The Secretary may provide water conservation and system efficiency payments under this subsection to an entity described in paragraph
(2)or a producer for— > > > ##### “(A) > > water conservation scheduling, water distribution efficiency, soil moisture monitoring, or an appropriate combination thereof; > > > ##### “(B) > > irrigation-related structural or other measures that conserve surface water or groundwater, including managed aquifer recovery practices; or > > > ##### “(C) > > a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation.” > ; ####
(2)by redesignating paragraph
(2)as paragraph (3); ####
(3)by inserting after paragraph
(1)the following: > > #### “(2) Eligibility of certain entities > > > ##### “(A) In general > > Notwithstanding section 1001(f)(6), the Secretary may enter into a contract under this subsection with a State, irrigation district, groundwater management district, acequia, land-grant mercedes, 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. > > > ##### “(B) Implementation > > Water conservation or irrigation practices that are the subject of a contract entered into under subparagraph
(A)shall be implemented on— > > > ###### “(i) > > eligible land of a producer; or > > > ###### “(ii) > > land that is— > > > ###### “(I) > > under the control of an irrigation district, groundwater management district, acequia, land-grant mercedes, or similar entity; and > > > ###### “(II) > > adjacent to eligible land described in clause (i), as determined by the Secretary. > > > ##### “(C) Waiver authority > > 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. > > > ##### “(D) Contract limitations > > If the Secretary grants a waiver under subparagraph (C), the Secretary may impose a separate payment limitation for the contract with respect to which the waiver applies.” > ; ####
(4)in paragraph
(3)(as so redesignated)— #####
(A)in the matter preceding subparagraph (A), by striking “to a producer” and inserting “under this subsection”; #####
(B)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 #####
(C)in subparagraph (B), by inserting “except in the case of an application under paragraph (2),” before “the producer agrees”; and ####
(5)by adding at the end the following: > > #### “(4) Effect > > Nothing in this subsection authorizes the Secretary to modify the process for determining the annual allocation of funding to States under the program.” > . ###
(f)Payments for Conservation Practices Related to Organic Production Section 1240B(i)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(i)(3)) is amended— ####
(1)in the first sentence, by striking “ Payments ” and inserting the following: > > ##### “(A) In general > > Payments” > ; ####
(2)in the second sentence, by striking “ In applying these limitations ” and inserting the following: > > ##### “(B) Technical assistance > > In applying the limitations under subparagraph (A)” > ; and ####
(3)in subparagraph
(A)(as so designated)— #####
(A)by striking “ aggregate, $20,000 per year or $80,000 during any 6-year period. ” and inserting the following: > “aggregate— > > > ###### “(i) > > through fiscal year 2018— > > > ###### “(I) > > $20,000 per year; or > > > ###### “(II) > > $80,000 during any 6-year period; and” > ; and #####
(B)by adding at the end the following: > > ### “(ii) > > during the period of fiscal years 2019 through 2023, $140,000.” > . ###
(g)Conservation Incentive Contracts Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following: > > ### “(j) Conservation Incentive Contracts > > > #### “(1) Identification of eligible priority resource concerns for states > > > ##### “(A) In general > > The Secretary, in consultation with the applicable State technical committee established under section 1261(a), shall identify watersheds (or other appropriate regions or areas within a State) and the corresponding priority resource concerns for those watersheds or other regions or areas that are eligible to be the subject of an incentive contract under this subsection. > > > ##### “(B) Limitation > > For each of the relevant land uses within the watersheds, regions, or other areas identified under subparagraph (A), the Secretary shall identify not more than 3 eligible priority resource concerns. > > > #### “(2) Contracts > > > ##### “(A) Authority > > > ###### “(i) In general > > The Secretary shall enter into contracts with producers under this subsection that require the implementation, adoption, management, and maintenance of incentive practices that effectively address at least 1 eligible priority resource concern identified under paragraph
(1)for the term of the contract. > > > ###### “(ii) Inclusions > > Through a contract entered into under clause (i), the Secretary may provide— > > > ###### “(I) > > funding, through annual payments, for certain incentive practices to attain increased levels of conservation on eligible land; or > > > ###### “(II) > > assistance, through a practice payment, to implement an incentive practice. > > > ##### “(B) Term > > A contract under this subsection shall have a term of not less than 5, and not more than 10, years. > > > ##### “(C) Prioritization > > Notwithstanding section 1240C, the Secretary shall develop criteria for evaluating incentive practice applications that— > > > ###### “(i) > > give priority to applications that address eligible priority resource concerns identified under paragraph (1); and > > > ###### “(ii) > > evaluate applications relative to other applications for similar agriculture and forest operations. > > > #### “(3) Incentive practice payments > > > ##### “(A) In general > > The Secretary shall provide payments to producers through contracts entered into under paragraph
(2)for— > > > ###### “(i) > > adopting and installing incentive practices; and > > > ###### “(ii) > > managing, maintaining, and improving the incentive practices for the duration of the contract, as determined appropriate by the Secretary. > > > ##### “(B) Payment amounts > > In determining the amount of payments under subparagraph (A), the Secretary shall consider, to the extent practicable— > > > ###### “(i) > > the level and extent of the incentive practice to be installed, adopted, completed, maintained, managed, or improved; > > > ###### “(ii) > > the cost of the installation, adoption, completion, management, maintenance, or improvement of the incentive practice; > > > ###### “(iii) > > income foregone by the producer, including payments, as appropriate, to address— > > > ###### “(I) > > increased economic risk; > > > ###### “(II) > > loss in revenue due to anticipated reductions in yield; and > > > ###### “(III) > > economic losses during transition to a resource-conserving cropping system or resource-conserving land use; and > > > ###### “(iv) > > the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the incentive practice. > > > ##### “(C) Delivery of payments > > In making payments under subparagraph (A), the Secretary shall, to the extent practicable— > > > ###### “(i) > > in the case of annual payments under paragraph (2)(A)(ii)(I), make those payments as soon as practicable after October 1 of each fiscal year for which increased levels of conservation are maintained during the term of the contract; and > > > ###### “(ii) > > in the case of practice payments under paragraph (2)(A)(ii)(II), make those payments as soon as practicable on the implementation of an incentive practice.” > .
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Sec. 2304
ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
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