Sec. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS
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## SEC. 2503 ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS ###
(a)Acreage Limitations Section 1244(f) of the Food Security Act of 1985 (16 U.S.C. 3844(f)) is amended— ####
(1)in paragraph (1)(B), by striking “10” and inserting “15”; and ####
(2)in paragraph (5), by striking “the Agricultural Act of 2014” and inserting “the Agriculture Improvement Act of 2018”. ###
(b)Requirements for Conservation Programs Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended— ####
(1)by striking subsection (m); ####
(2)by redesignating subsections
(j)through
(l)as subsections
(k)through (m), respectively; and ####
(3)by inserting after subsection
(i)the following: > > ### “(j) Review and Guidance for Practice Costs and Payment Rates > > > #### “(1) In general > > Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, and not later than October 1 of each year thereafter, the Secretary shall— > > > ##### “(A) > > review the estimates for practice costs and rates of payments made to producers for practices on eligible land under this title; and > > > ##### “(B) > > evaluate whether those costs and rates reflect a payment that— > > > ###### “(i) > > encourages participation in a conservation program administered by the Secretary; > > > ###### “(ii) > > encourages implementation of the most effective practices to address local natural resource concerns on eligible land; and > > > ###### “(iii) > > accounts for regional, State, and local variability relating to the complexity, implementation, and adoption of practices on eligible land. > > > #### “(2) Guidance; review > > The Secretary shall— > > > ##### “(A) > > issue guidance to States to annually review and adjust the estimates for practice costs and rates of payments made to producers to reflect the evaluation factors described in paragraph (1)(B); and > > > ##### “(B) > > determine the appropriate practice costs and rates of payments for each State by— > > > ###### “(i) > > annually reviewing each conservation program payment schedule and payment rate used in the State; and > > > ###### “(ii) > > consulting with the State technical committee established under section 1261(a) in that State.” > . ###
(c)Funding for Indian Tribes Section 1244(m) of the Food Security Act of 1985 (as redesignated by subsection (b)(2)) is amended— ####
(1)by striking “may” and inserting “shall”; ####
(2)by striking “ that the goals ” and inserting the following: > “that— > > > #### “(1) > > the goals” > ; ####
(3)in paragraph
(1)(as so designated), by striking “ arrangements, and that statutory ” and inserting the following: > “arrangements; > > > #### “(2) > > a sufficient number of eligible participants will be aggregated under the alternative funding arrangement to accomplish the underlying purposes and objectives of the applicable program; and > > > #### “(3) > > statutory” > ; and ####
(4)in paragraph
(3)(as so designated), by striking the period at the end and inserting “, except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program.”. ###
(d)Source Water Protection Through Targeting of Agricultural Practices Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (b)) is amended by adding at the end the following: > > ### “(n) Source Water Protection Through Targeting of Agricultural Practices > > > #### “(1) In general > > In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity that protect source water for drinking water (including protecting against public health threats) while also benefitting agricultural producers. > > > #### “(2) Collaboration with water systems and increased incentives > > > ##### “(A) In general > > In encouraging practices under paragraph (1), the Secretary shall— > > > ###### “(i) > > work collaboratively with community water systems and State technical committees established under section 1261(a) to identify, in each State, local priority areas for the protection of source waters for drinking water; and > > > ###### “(ii) > > subject to subparagraph (B), for practices described in paragraph (1), offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary. > > > ##### “(B) Limitation > > An increased payment under subparagraph (A)(ii) shall not exceed 90 percent of practice costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training. > > > #### “(3) Reservation of funds > > > ##### “(A) In general > > In each of fiscal years 2019 through 2023, the Secretary shall use to carry out this subsection not less than 10 percent of any funds available for conservation programs administered by the Secretary under this title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D). > > > ##### “(B) Limitation > > Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this title.” > . ###
(e)Environmental Services Market Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (d)) is amended by adding at the end the following: > > ### “(o) Environmental Services Market > > The Secretary may not prohibit, through a contract, easement, or agreement under this title, a participant in a conservation program administered by the Secretary under this title from participating in, and receiving compensation from, an environmental services market if 1 of the purposes of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the conservation program administered by the Secretary.” > . ###
(f)Regulatory Certainty Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (e)) is amended by adding at the end the following: > > ### “(p) Regulatory Certainty > > > #### “(1) In general > > In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an Indian tribe, or a unit of local government, the Secretary may provide technical and programmatic information— > > > ##### “(A) > > subject to paragraph (2), to the Federal agency, State, Indian tribe, or unit of local government to support specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement— > > > ###### “(i) > > that relates to soil, water, or wildlife; and > > > ###### “(ii) > > over which that Federal agency, State, Indian tribe, or unit of local government has authority; and > > > ##### “(B) > > relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable. > > > #### “(2) Mechanisms > > The Secretary shall only provide additional technical and programmatic information under paragraph
(1)if the mechanisms to be developed by the Federal agency, State, Indian tribe, or unit of local government, as applicable, under paragraph (1)(A) are anticipated to include, at a minimum— > > > ##### “(A) > > the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1); > > > ##### “(B) > > the on-site confirmation that the applicable conservation practices or activities identified under subparagraph
(A)have been implemented; > > > ##### “(C) > > a plan for a periodic audit, as appropriate, of the continued implementation or maintenance of each of the conservation practices or activities identified under subparagraph (A); and > > > ##### “(D) > > notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurance. > > > #### “(3) Continuing current collaboration on soil, water, or wildlife conservation practices > > The Secretary shall— > > > ##### “(A) > > continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and > > > ##### “(B) > > continue collaboration with the Secretary of the Interior on consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or conference under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable, for wildlife conservation efforts, including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before the date of enactment of the Agriculture Improvement Act of 2018, in accordance with— > > > ###### “(i) > > the document entitled ‘Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service’, numbered A-3A75-16-937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and > > > ###### “(ii) > > United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect on August 9, 2016. > > > #### “(4) Savings clause > > Nothing in this subsection— > > > ##### “(A) > > preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government; > > > ##### “(B) > > modifies or otherwise affects, preempts, or displaces— > > > ###### “(i) > > any cause of action; or > > > ###### “(ii) > > a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or > > > ##### “(C) > > applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.” > .
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