Part IV—Environmental Quality Incentives Program and Conservation Stewardship Program
Editorial Notes
Codification
subpart a—environmental quality incentives program
§3839aa. Purposes
The purposes of the environmental quality incentives program established by this subpart are to promote agricultural production, forest management, and environmental quality as compatible goals, and to optimize environmental benefits, by—
(1) assisting producers in complying with local, State, and national regulatory requirements concerning—
(A) soil, water, and air quality;
(B) wildlife habitat; and
(C) surface and ground water conservation;
(2) avoiding, to the maximum extent practicable, the need for resource and regulatory programs by assisting producers in protecting soil, water, air, and related natural resources and meeting environmental quality criteria established by Federal, State, tribal, and local agencies;
(3) providing flexible assistance to producers to install and maintain conservation practices that sustain food and fiber production while—
(A) enhancing soil, water, and related natural resources, including grazing land, forestland, wetland, and wildlife;
(B) developing and improving wildlife habitat; and
(C) conserving energy; and
(4) assisting producers to make beneficial, cost-effective changes to production systems, including addressing identified, new, or expected resource concerns related to organic production, grazing management, fuels management, forest management, nutrient management associated with crops and livestock, pest management, irrigation management, adapting to, and mitigating against, increasing weather volatility, drought resiliency measures, or other practices on agricultural and forested land.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa,
Amendments
2018—
Par. (4).
2014—Par. (3).
Par. (4).
Par. (5).
2008—
Pars. (3), (4).
"(3) providing flexible assistance to producers to install and maintain conservation practices that enhance soil, water, related natural resources (including grazing land and wetland), and wildlife while sustaining production of food and fiber;
"(4) assisting producers to make beneficial, cost effective changes to cropping systems, grazing management, nutrient management associated with livestock, pest or irrigation management, or other practices on agricultural land; and".
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effect on Existing Contracts
§3839aa–1. Definitions
In this subpart:
(1) Conservation planning assessment
The term "conservation planning assessment" means a report, as determined by the Secretary, that—
(A) is developed by—
(i) a State or unit of local government (including a conservation district);
(ii) a Federal agency; or
(iii) a third-party provider certified under
(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and
(C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture.
(2) Eligible land
(A) In general
The term "eligible land" means land on which agricultural commodities, livestock, or forest-related products are produced.
(B) Inclusions
The term "eligible land" includes the following:
(i) Cropland.
(ii) Grassland.
(iii) Rangeland.
(iv) Pasture land.
(v) Nonindustrial private forest land.
(vi) Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.
(3) Incentive practice
The term "incentive practice" means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.
(4) Organic system plan
The term "organic system plan" means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (
(5) Payment
The term "payment" means financial assistance provided to a producer for performing practices under this subpart, including compensation for—
(A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
(B) income forgone by the producer.
(6) Practice
The term "practice" means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including—
(A) improvements to eligible land of the producer, including—
(i) structural practices;
(ii) land management practices;
(iii) vegetative practices;
(iv) forest management;
(v) soil testing;
(vi) soil remediation to be carried out by the producer; and
(vii) other practices that the Secretary determines would further the purposes of the program; and
(B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including—
(i) comprehensive nutrient management planning;
(ii) planning for resource-conserving crop rotations (as defined in
(iii) soil health planning, including increasing soil organic matter and the use of cover crops;
(iv) a conservation planning assessment;
(v) precision conservation management planning; and
(vi) other plans that the Secretary determines would further the purposes of the program under this subpart.
(7) Priority resource concern
The term "priority resource concern" means a natural resource concern or problem, as determined by the Secretary, that—
(A) is identified at the national, State, or local level as a priority for a particular area of a State; and
(B) represents a significant concern in a State or region.
(8) Program
The term "program" means the environmental quality incentives program established by this subpart.
(9) Soil remediation
The term "soil remediation" means scientifically based practices that—
(A) ensure the safety of producers from contaminants in soil;
(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and
(C) regenerate and sustain the soil.
(10) Soil testing
The term "soil testing" means the evaluation of soil health, including testing for—
(A) the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and
(B) the biological and physical characteristics indicative of proper soil functioning.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in par. (4), is title XXI of
Codification
Prior Provisions
A prior section 3839aa–1,
Amendments
2018—
Par. (1).
Par. (2).
Par. (3).
Pars. (4), (5).
Par. (6).
Par. (7).
Par. (8).
Pars. (9), (10).
2014—Pars. (2) to (6).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–2. Establishment and administration
(a) Establishment
During each of the 2002 through 2031 fiscal years, the Secretary shall provide payments to producers that enter into contracts with the Secretary under the program.
(b) Practices and term
(1) Practices
A contract under the program may apply to the performance of one or more practices.
(2) Term
A contract under the program shall have a term that does not exceed 10 years.
(c) Bidding down
If the Secretary determines that the environmental values of two or more applications for payments are comparable, the Secretary shall not assign a higher priority to the application only because it would present the least cost to the program.
(d) Payments
(1) Availability of payments
Payments are provided to a producer to implement one or more practices under the program.
(2) Limitation on payment amounts
A payment to a producer for performing a practice may not exceed, as determined by the Secretary—
(A) 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training;
(B) 100 percent of income foregone by the producer; or
(C) in the case of a practice consisting of elements covered under subparagraphs (A) and (B)—
(i) 75 percent of the costs incurred for those elements covered under subparagraph (A); and
(ii) 100 percent of income foregone for those elements covered under subparagraph (B).
(3) Special rule involving payments for foregone income
In determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great significance to a practice that, as determined by the Secretary, promotes—
(A) soil health;
(B) water quality and quantity improvement;
(C) nutrient management;
(D) pest management;
(E) air quality improvement;
(F) wildlife habitat development, including pollinator habitat; or
(G) invasive species management.
(4) Increased payments for certain producers
(A) In general
Notwithstanding paragraph (2), in the case of a producer that is a limited resource, socially disadvantaged farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) 1 of title 7), or a beginning farmer or rancher, the Secretary shall increase the amount that would otherwise be provided to a producer under this subsection—
(i) to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
(ii) to not less than 25 percent above the otherwise applicable rate.
(B) Advance payments
(i) In general
On an election by a producer described in subparagraph (A), the Secretary shall provide at least 50 percent of the amount determined under subparagraph (A) in advance for all costs related to purchasing materials or contracting.
(ii) Return of funds
If funds provided in advance are not expended during the 90-day period beginning on the date of receipt of the funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.
(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.
(5) Financial assistance from other sources
Except as provided in paragraph (6), any payments received by a producer from a State or private organization or person for the implementation of one or more practices on eligible land of the producer shall be in addition to the payments provided to the producer under this subsection.
(6) Other payments
A producer shall not be eligible for payments for practices on eligible land under the program if the producer receives payments or other benefits for the same practice on the same land under another program under this subchapter.
(7) Increased payments for high-priority practices
(A) State determination
Each State, in consultation with the State technical committee established under
(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.
(e) Modification or termination of contracts
(1) Voluntary modification or termination
The Secretary may modify or terminate a contract entered into with a producer under the program if—
(A) the producer agrees to the modification or termination; and
(B) the Secretary determines that the modification or termination is in the public interest.
(2) Involuntary termination
The Secretary may terminate a contract under the program if the Secretary determines that the producer violated the contract.
(f) Allocation of funding
(1) Livestock
For each of fiscal years 2019 through 2023, at least 50 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production, including grazing management practices.
(2) Wildlife habitat
(A) Fiscal years 2014 through 2018
For each of fiscal years 2014 through 2018, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).
(B) Fiscal years 2019 through 2031
For each of fiscal years 2019 through 2031, 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).
(g) Wildlife habitat incentive program
(1) In general
The Secretary shall provide payments under the environmental quality incentives program for conservation practices that support the restoration, development, protection, and improvement of wildlife habitat on eligible land, including—
(A) upland wildlife habitat;
(B) wetland wildlife habitat;
(C) habitat for threatened and endangered species;
(D) fish habitat;
(E) habitat on pivot corners and other irregular areas of a field; and
(F) other types of wildlife habitat, as determined by the Secretary.
(2) State technical committee
In determining the practices eligible for payment under paragraph (1) and targeted for funding under subsection (f), the Secretary shall consult with the relevant State technical committee not less often than once each year.
(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.
(h) Water conservation or irrigation efficiency practice
(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) Eligibility of certain entities
(A) In general
Notwithstanding
(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
(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.
(3) Priority
In providing payments under this subsection for a water conservation or irrigation practice, the Secretary shall give priority to applications in which—
(A) consistent with the law of the State in which the land on which the practices will be implemented is located, there is a reduction in water use in the operation on that land; or
(B) except in the case of an application under paragraph (2), the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated production, unless the producer is participating in a watershed-wide project that will effectively conserve water, as determined by the Secretary.
(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.
(i) Payments for conservation practices related to organic production
(1) Payments authorized
The Secretary shall provide payments under this subsection for conservation practices, on some or all of the operations of a producer, related—
(A) to organic production; and
(B) to the transition to organic production.
(2) Eligibility requirements
As a condition for receiving payments under this subsection, a producer shall agree—
(A) to develop and carry out an organic system plan; or
(B) to develop and implement conservation practices for certified organic production that are consistent with an organic system plan and the purposes of this subpart.
(3) Payment limitations
(A) In general
Payments under this subsection to a person or legal entity, directly or indirectly, may not exceed, in the aggregate—
(i) through fiscal year 2018—
(I) $20,000 per year; or
(II) $80,000 during any 6-year period; and
(ii) during the period of fiscal years 2019 through 2023, $140,000.
(B) Technical assistance
In applying the limitations under subparagraph (A), the Secretary shall not take into account payments received for technical assistance.
(4) Exclusion of certain organic certification costs
Payments may not be made under this subsection to cover the costs associated with organic certification that are eligible for cost-share payments under
(5) Termination of contracts
The Secretary may cancel or otherwise nullify a contract to provide payments under this subsection if the Secretary determines that the producer—
(A) is not pursuing organic certification; or
(B) is not in compliance with the Organic Foods Production Act of 1990 (
(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
(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
(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.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in subsec. (i)(5)(B), is title XXI of
Codification
Prior Provisions
A prior section 3839aa–2,
Amendments
2022—Subsec. (a).
Subsec. (f)(2)(B).
2018—Subsec. (a).
Subsec. (d)(4)(B)(i).
Subsec. (d)(4)(B)(iii).
Subsec. (d)(7).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (g)(3), (4).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (h)(3).
Subsec. (h)(3)(A).
Subsec. (h)(3)(B).
Subsec. (h)(4).
Subsec. (i)(2)(B).
Subsec. (i)(3).
Subsec. (j).
2014—Subsec. (a).
Subsec. (b)(2).
"(A) at a minimum, is equal to the period beginning on the date on which the contract is entered into and ending on the date that is one year after the date on which all practices under the contract have been implemented; but
"(B) not to exceed 10 years."
Subsec. (d)(3)(A) to (G).
"(A) residue management;
"(B) nutrient management;
"(C) air quality management;
"(D) invasive species management;
"(E) pollinator habitat;
"(F) animal carcass management technology; or
"(G) pest management."
Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
Subsec. (f).
Subsec. (g).
2011—Subsec. (a).
2008—
2006—Subsec. (a)(1).
2004—Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
1 See References in Text note below.
§3839aa–3. Evaluation of applications
(a) Evaluation criteria
The Secretary shall develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed.
(b) Prioritization of applications
In evaluating applications under this subpart, the Secretary shall prioritize applications—
(1) based on their overall level of cost-effectiveness to ensure that the conservation practices and approaches proposed are the most efficient means of achieving the anticipated conservation benefits of the project;
(2) based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;
(3) that best fulfill the purposes of the program; and
(4) that improve conservation practices or systems in place on the operation at the time the contract offer is accepted or that will complete a conservation system.
(c) Grouping of applications
To the greatest extent practicable, the Secretary shall group applications of similar crop or livestock operations for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–3,
Amendments
2018—Subsec. (b).
2014—Subsec. (b)(1).
Subsec. (b)(3).
2008—
"(1) encourage the use by producers of cost-effective conservation practices; and
"(2) address national conservation priorities."
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–4. Duties of producers
To receive payments under the program, a producer shall agree—
(1) to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary;
(2) not to conduct any practices on the enrolled land that would tend to defeat the purposes of the program;
(3) on the violation of a term or condition of the contract at anytime the producer has control of the land—
(A) if the Secretary determines that the violation warrants termination of the contract—
(i) to forfeit all rights to receive payments under the contract; and
(ii) to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the payments, as determined by the Secretary; or
(B) if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary determines to be appropriate;
(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all payments received under the program, as determined by the Secretary;
(5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and
(6) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–4,
Amendments
2014—Par. (2).
2008—
Par. (2).
Par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–5. Environmental quality incentives program plan
(a) Plan of operations
To be eligible to receive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that—
(1) specifies practices covered under the program;
(2) includes such terms and conditions as the Secretary considers necessary to carry out the program, including a description of the purposes to be met by the implementation of the plan;
(3) in the case of a confined livestock feeding operation, provides for development and progressive implementation of a comprehensive nutrient management plan, if applicable; and
(4) in the case of forest land, is consistent with the provisions of a forest management plan that is approved by the Secretary, which may include—
(A) a forest stewardship plan described in
(B) another practice plan approved by the State forester; or
(C) another plan determined appropriate by the Secretary.
(b) Avoidance of duplication
The Secretary shall—
(1) consider a plan developed in order to acquire a permit under a water or air quality regulatory program as the equivalent of a plan of operations under subsection (a), if the plan contains elements equivalent to those elements required by a plan of operations; and
(2) to the maximum extent practicable, eliminate duplication of planning activities under the program under this subpart and comparable conservation programs.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–5,
Amendments
2018—Subsec. (a)(3).
Subsec. (b)(2).
2008—Subsec. (a).
Subsec. (a)(4).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–6. Duties of the Secretary
To the extent appropriate, the Secretary shall assist a producer in achieving the conservation and environmental goals of a program plan by—
(1) providing payments for developing and implementing 1 or more practices, as appropriate; and
(2) providing the producer with information and training to aid in implementation of the plan.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–6,
Amendments
2008—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–7. Limitation on payments
Not including payments made under
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–7,
Amendments
2018—
2014—
2008—
2006—
2004—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–8. Conservation innovation grants and payments
(a) Competitive grants for innovative conservation approaches
(1) Grants
Out of the funds made available to carry out this subpart, the Secretary may pay the cost of competitive grants that are intended to stimulate innovative approaches to leveraging the Federal investment in environmental enhancement and protection, in conjunction with agricultural production or forest resource management, through the program.
(2) Use
The Secretary may provide grants under this subsection to governmental and non-governmental organizations and persons, on a competitive basis, to carry out projects that—
(A) involve producers who are eligible for payments or technical assistance under the program or community colleges (as defined in
(B) leverage Federal funds made available to carry out the program under this subpart with matching funds provided by State and local governments and private organizations to promote environmental enhancement and protection in conjunction with agricultural production;
(C) ensure efficient and effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this section, such as market systems for pollution reduction and practices for the storage of carbon in soil;
(D) provide environmental and resource conservation benefits through increased participation by producers of specialty crops;
(E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations;
(F) utilize edge-of-field and other monitoring practices on farms—
(i) to quantify the impacts of practices implemented under the program; and
(ii) to assist producers in making the best conservation investments for the operations of the producers;
(G) facilitate on-farm conservation research and demonstration activities; and
(H) facilitate pilot testing of new technologies or innovative conservation practices.
(b) Air quality concerns from agricultural operations
(1) Implementation assistance
The Secretary shall provide payments under this subsection to producers to implement practices to address air quality concerns from agricultural operations and to meet Federal, State, and local regulatory requirements. The funds shall be made available on the basis of air quality concerns in a State and shall be used to provide payments to producers that are cost effective and reflect innovative technologies.
(2) Funding
Of the funds made available to carry out this subpart, the Secretary shall carry out this subsection using $37,500,000 for each of fiscal years 2019 through 2031.
(c) On-farm conservation innovation trials
(1) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means, as determined by the Secretary—
(i) a third-party private entity the primary business of which is related to agriculture;
(ii) a nongovernmental organization with experience working with agricultural producers; or
(iii) a governmental organization.
(B) New or innovative conservation approach
The term "new or innovative conservation approach" means—
(i) new or innovative—
(I) precision agriculture technologies;
(II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems;
(III) soil health management systems, including systems to increase soil carbon levels;
(IV) water management systems;
(V) resource-conserving crop rotations (as defined in
(VI) cover crops; and
(VII) irrigation systems; and
(ii) any other conservation approach approved by the Secretary as new or innovative.
(2) Testing new or innovative conservation approaches
Using $25,000,000 of the funds made available to carry out this subpart for each of fiscal years 2019 through 2031, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches—
(A) directly with producers; or
(B) through eligible entities.
(3) Incentive payments
(A) Agreements
In carrying out paragraph (2), the Secretary shall enter into agreements with producers (either directly or through eligible entities) on whose land an on-farm conservation innovation trial is being carried out to provide payments (including payments to compensate for foregone income, as appropriate to address the increased economic risk potentially associated with new or innovative conservation approaches) to the producers to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits.
(B) Adjusted gross income requirements
(i) In general
Adjusted gross income requirements under
(I) apply to producers receiving payments under this subsection; and
(II) be enforced by the Secretary.
(ii) Reporting
An eligible entity participating in an on-farm conservation innovation trial under this subsection shall report annually to the Secretary on the amount of payments made to individual farm operations under this subsection.
(C) Limitation on administrative expenses
None of the funds made available to carry out this subsection may be used to pay for the administrative expenses of an eligible entity.
(D) Length of agreements
An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—
(i) not less than 3 years; and
(ii) if appropriate, more than 3 years, including if such a period is appropriate to support—
(I) adaptive management over multiple crop years; and
(II) adequate data collection and analysis by a producer or eligible entity to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary.
(4) Flexible adoption
The scale of adoption of a new or innovative conservation approach under an on-farm conservation innovation trial under an agreement under paragraph (2) may include multiple scales on an operation, including whole farm, field-level, or sub-field scales.
(5) Technical assistance
The Secretary shall provide technical assistance—
(A) to each producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to the design, installation, and management of the new or innovative conservation approaches; and
(B) to each eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to data analyses of the on-farm conservation innovation trial.
(6) Geographic scope
The Secretary shall identify a diversity of geographic regions of the United States in which to establish on-farm conservation innovation trials under paragraph (2), taking into account factors such as soil type, cropping history, and water availability.
(7) Soil health demonstration trial
Using funds made available to carry out this subsection, the Secretary shall carry out a soil health demonstration trial under which the Secretary coordinates with eligible entities—
(A) to provide incentives to producers to implement conservation practices that—
(i) improve soil health;
(ii) increase carbon levels in the soil; or
(iii) meet the goals described in clauses (i) and (ii);
(B) to establish protocols for measuring carbon levels in the soil and testing carbon levels on land where conservation practices described in subparagraph (A) were applied to evaluate gains in soil health as a result of the practices implemented by the producers in the soil health demonstration trial; and
(C)(i) not later than September 30, 2020, to initiate a study regarding changes in soil health and, if feasible, economic outcomes, generated as a result of the conservation practices described in subparagraph (A) that were applied by producers through the soil health demonstration trial; and
(ii) to submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate annual reports on the progress and results of the study under clause (i).
(d) Reporting and database
(1) Report required
Not later than September 30, 2019, and every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of activities funded under this section, including—
(A) funding awarded;
(B) results of the activities, including, if feasible, economic outcomes;
(C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary; and
(D) on completion of the study required under subsection (c)(7)(C), the findings of the study.
(2) Conservation practice database
(A) In general
The Secretary shall use the data reported under paragraph (1) to establish and maintain a publicly available conservation practice database that provides—
(i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; and
(ii) a list of recommended new and effective conservation practices.
(B) Privacy
Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–8,
Amendments
2022—Subsecs. (b)(2), (c)(2).
2018—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(E) to (H).
Subsec. (b)(2).
Subsecs. (c), (d).
"(1) funding awarded;
"(2) project results; and
"(3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary."
2014—Subsec. (a)(2)(E), (F).
Subsec. (b)(2).
Subsec. (c).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–9. Repealed. Pub. L. 113–79, title II, §2706(a), Feb. 7, 2014, 128 Stat. 769
Section,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
subpart b—conservation stewardship program
§3839aa–21. Definitions
In this subpart:
(1) Agricultural operation
The term "agricultural operation" means all eligible land, whether or not contiguous, that is—
(A) under the effective control of a producer at the time the producer enters into a contract under the program; and
(B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary.
(2) Conservation activities
(A) In general
The term "conservation activities" means conservation systems, practices, or management measures.
(B) Inclusions
The term "conservation activities" includes—
(i) structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary;
(ii) planning needed to address a priority resource concern;
(iii) development of a comprehensive conservation plan, as defined in
(iv) soil health planning, including planning to increase soil organic matter; and
(v) activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility.
(3) Conservation stewardship plan
The term "conservation stewardship plan" means a plan that—
(A) identifies and inventories priority resource concerns;
(B) establishes benchmark data and conservation objectives;
(C) describes conservation activities to be implemented, managed, or improved; and
(D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities.
(4) Eligible land
(A) In general
The term "eligible land" means—
(i) private or tribal land on which agricultural commodities, livestock, or forest-related products are produced; and
(ii) lands associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program.
(B) Inclusions
The term "eligible land" includes—
(i) cropland;
(ii) grassland;
(iii) rangeland;
(iv) pasture land;
(v) nonindustrial private forest land; and
(vi) other land in agricultural areas (including cropped woodland, marshes, and agricultural land used or capable of being used for the production of livestock), as determined by the Secretary.
(5) Priority resource concern
The term "priority resource concern" means a natural resource concern or problem, as determined by the Secretary, that—
(A) is identified at the national, State, or local level as a priority for a particular area of a State;
(B) represents a significant concern in a State or region; and
(C) is likely to be addressed successfully through the implementation of conservation activities under this program.
(6) Program
The term "program" means the conservation stewardship program established by this subpart.
(7) Stewardship threshold
The term "stewardship threshold" means the level of management required, as determined by the Secretary, to conserve and improve the quality and condition of a natural resource through the use of—
(A) quality criteria under a resource management system;
(B) predictive analytics tools or models developed or approved by the Natural Resources Conservation Service;
(C) data from past and current enrollment in the program; and
(D) other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Par. (2)(B)(iii)–(v).
Par. (7).
2014—
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this subpart and repeal of
Effect on Existing Contracts by Pub. L. 115–334
"(3)
"(A)
"(i) the validity or terms of any contract entered into by the Secretary [of Agriculture] under subchapter B of
"(ii) subject to subparagraph (D), any agreement entered into by the Secretary under the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 (
"(B)
"(C)
"(i)
"(ii)
"(I) if that contract expires on or after December 31, 2019;
"(II) under the terms of the conservation stewardship program under subchapter B of
"(III) subject to the limitation on funding for that subchapter under section 1241 of the Food Security Act of 1985 (
"(D)
"(i)
"(ii)
"(I) the Secretary shall modify the agreement to authorize the entrance into a contract under subchapter B of
"(II) the funds associated with the conservation stewardship program acres allocated under that agreement, on modification under subclause (I), may be used to enter into conservation stewardship program contracts with producers under subchapter B of
"(4)
"(5)
"(A) any contract or agreement described in paragraph (3)(A)(i) for fiscal year 2019;
"(B) any contract or agreement described in paragraph (3)(A)(ii);
"(C) any contract extended under paragraph (3)(B); and
"(D) any contract or agreement under subchapter B of
Effect on Existing Contracts by Pub. L. 113–79
"(1)
"(2)
§3839aa–22. Conservation stewardship program
(a) Establishment and purpose
During each of fiscal years 2019 through 2031, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner—
(1) by undertaking additional conservation activities; and
(2) by improving, maintaining, and managing existing conservation activities.
(b) Exclusions
(1) Land enrolled in other conservation programs
Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program:
(A) Land enrolled in the conservation reserve program, unless—
(i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
(ii) conservation reserve program payments for land enrolled in the program cease before the first program payment is made to the applicant under this subpart.
(B) Land enrolled in a wetland reserve easement through the agricultural conservation easement program.
(2) Conversion to cropland
Eligible land used for crop production after December 20, 2018, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet such requirement because—
(A) the land had previously been enrolled in the conservation reserve program;
(B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or
(C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a).
2018—Subsec. (a).
Subsec. (b)(1)(C).
Subsec. (b)(2).
2014—
2011—Subsec. (a).
§3839aa–23. Stewardship contracts
(a) Submission of contract offers
To be eligible to participate in the conservation stewardship program, a producer shall submit to the Secretary a contract offer for the agricultural operation that—
(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and
(2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by—
(A) installing and adopting additional conservation activities; and
(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
(b) Evaluation of contract offers
(1) Ranking of applications
(A) In general
In evaluating contract offers submitted under subsection (a) and contract renewals under subsection (e), the Secretary shall rank applications based on—
(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at the time of submission of the application;
(ii) the degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and
(iii) other consistent criteria, as determined by the Secretary.
(B) Additional criterion
If 2 or more applications receive the same ranking under subparagraph (A), the Secretary shall rank those contracts based on the extent to which the actual and anticipated conservation benefits from each contract are provided at the lowest cost relative to other similarly beneficial contract offers.
(2) Prohibition
The Secretary may not assign a higher priority to any application because the applicant is willing to accept a lower payment than the applicant would otherwise be eligible to receive.
(3) Additional criteria
The Secretary may develop and use such additional criteria that the Secretary determines are necessary to ensure that national, State, and local priority resource concerns are effectively addressed.
(c) Entering into contracts
After a determination that a producer is eligible for a contract or contract renewal under this section, and a determination that the contract or contract renewal offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract or contract renewal with the producer to enroll the eligible land to be covered by the contract or contract renewal.
(d) Contract provisions
(1) Term
A conservation stewardship contract shall be for a term of 5 years.
(2) Required provisions
The conservation stewardship contract of a producer shall—
(A) state the amount of the payment the Secretary agrees to make to the producer for each year of the conservation stewardship contract under
(B) require the producer—
(i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities;
(ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and
(iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program;
(C) permit all economic uses of the eligible land that—
(i) maintain the agricultural nature of the land; and
(ii) are consistent with the conservation purposes of the conservation stewardship contract;
(D) include a provision to ensure that a producer shall not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary;
(E) include provisions requiring that upon the violation of a term or condition of the contract at any time the producer has control of the land—
(i) if the Secretary determines that the violation warrants termination of the contract—
(I) the producer shall forfeit all rights to receive payments under the contract; and
(II) the producer shall refund all or a portion of the payments received by the producer under the contract, including any interest on the payments, as determined by the Secretary; or
(ii) if the Secretary determines that the violation does not warrant termination of the contract, the producer shall refund or accept adjustments to the payments provided to the producer, as the Secretary determines to be appropriate;
(F) include provisions in accordance with paragraphs (3) and (4); and
(G) include any additional provisions the Secretary determines are necessary to carry out the program.
(3) Change of interest in land subject to a contract
(A) In general
At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land.
(B) Transfer of duties and rights
Subparagraph (A) shall not apply if—
(i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in eligible land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred;
(ii) the transferee meets the eligibility requirements of the program; and
(iii) the Secretary approves the transfer of all duties and rights under the contract.
(4) Modification and termination of contracts
(A) Voluntary modification or termination
The Secretary may modify or terminate a contract with a producer if—
(i) the producer agrees to the modification or termination; and
(ii) the Secretary determines that the modification or termination is in the public interest.
(B) Involuntary termination
The Secretary may terminate a contract if the Secretary determines that the producer violated the contract.
(5) Repayment
If a contract is terminated, the Secretary may, consistent with the purposes of the program—
(A) allow the producer to retain payments already received under the contract; or
(B) require repayment, in whole or in part, of payments received and assess liquidated damages.
(e) Contract renewal
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—
(1) demonstrates compliance with the terms of the existing contract;
(2) 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
(3) agrees, by the end of the contract period—
(A) to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation; or
(B) to adopt or improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect to not less than 2 existing priority resource concerns that are specified by the Secretary in the initial contract.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
Subsec. (b)(1).
Subsec. (c).
Subsec. (d)(2)(A).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3)(B).
2014—
§3839aa–24. Duties of the Secretary
(a) In general
To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall—
(1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year;
(2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and
(3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2).
(b) Allocation to States
The Secretary shall allocate funding to States for enrollment, based—
(1) primarily on each State's proportion of eligible land to the total acreage of eligible land in all States; and
(2) also on consideration of—
(A) the extent and magnitude of the conservation needs associated with agricultural production in each State;
(B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and
(C) other considerations to achieve equitable geographic distribution of funds, as determined by the Secretary.
(c) Conservation stewardship payments
(1) Availability of payments
The Secretary shall provide annual payments under the program to compensate the producer for—
(A) installing and adopting additional conservation activities; and
(B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary.
(2) Payment amount
The amount of the annual payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors:
(A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training.
(B) Income forgone by the producer.
(C) Expected conservation benefits.
(D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation.
(E) The level of stewardship in place at the time of application and maintained over the term of the contract.
(F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract.
(G) Such other factors as are determined appropriate by the Secretary.
(3) Exclusions
A payment to a producer under this subsection shall not be provided for—
(A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or
(B) conservation activities for which there is no cost incurred or income forgone to the producer.
(4) Delivery of payments
In making payments under this subsection, the Secretary shall, to the extent practicable—
(A) prorate conservation performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual payments in each fiscal year; and
(B) make such payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year.
(5) Payment for cover crop activities
The amount of a payment under this subsection for cover crop activities shall be not less than 125 percent of the annual payment amount determined by the Secretary under paragraph (2).
(d) Supplemental payments for resource-conserving crop rotations and advanced grazing management
(1) Definitions
In this subsection:
(A) Advanced grazing management
The term "advanced grazing management" means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for—
(i) improved soil health and carbon sequestration;
(ii) drought resilience;
(iii) wildlife habitat;
(iv) wildfire mitigation;
(v) control of invasive plants; and
(vi) water quality improvement.
(B) Management-intensive rotational grazing
The term "management-intensive rotational grazing" means a strategic, adaptively managed multipasture grazing system in which animals are regularly and systematically moved to fresh pasture in a manner that—
(i) maximizes the quantity and quality of forage growth;
(ii) improves manure distribution and nutrient cycling;
(iii) increases carbon sequestration from greater forage harvest;
(iv) improves the quality and quantity of cover for wildlife;
(v) provides permanent cover to protect the soil from erosion; and
(vi) improves water quality.
(C) Resource-conserving crop rotation
The term "resource-conserving crop rotation" means a crop rotation that—
(i) includes at least 1 resource-conserving crop (as defined by the Secretary);
(ii) reduces erosion;
(iii) improves soil fertility and tilth;
(iv) interrupts pest cycles;
(v) builds soil organic matter; and
(vi) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation.
(2) Availability of payments
The Secretary shall provide additional payments to producers that, in participating in the program, agree to adopt or improve, manage, and maintain—
(A) resource-conserving crop rotations; or
(B) advanced grazing management.
(3) Eligibility
To be eligible to receive a payment described in paragraph (2), a producer shall agree to adopt or improve, manage, and maintain resource-conserving crop rotations or advanced grazing management for the term of the contract.
(4) Amount of payment
An additional payment provided under paragraph (2) shall be not less than 150 percent of the annual payment amount determined by the Secretary under subsection (c)(2).
(e) Payment for comprehensive conservation plan
(1) Definition of comprehensive conservation plan
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).
(2) Payment for comprehensive conservation plan
The Secretary shall provide a 1-time payment to a producer that develops a comprehensive conservation plan.
(3) Amount of payment
The Secretary shall determine the amount of payment under paragraph (2) based on—
(A) the number of priority resource concerns addressed in the comprehensive conservation plan; and
(B) the number of types of land uses included in the comprehensive conservation plan.
(f) Payment limitations
A person or legal entity may not receive, directly or indirectly, payments under the program that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2019 through 2023, excluding funding arrangements with Indian tribes, regardless of the number of contracts entered into under the program by the person or legal entity.
(g) Specialty crop and organic producers
The Secretary shall ensure that outreach and technical assistance are available, and program specifications are appropriate to enable specialty crop and organic producers to participate in the program.
(h) Organic certification
(1) Coordination
The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 (
(2) Allocation
(A) In general
Using funds made available for the program for each of fiscal years 2019 through 2031, the Secretary shall allocate funding to States to support organic production and transition to organic production through paragraph (1).
(B) Determination
The Secretary shall determine the allocation to a State under subparagraph (A) based on—
(i) the number of certified and transitioning organic operations within the State; and
(ii) the number of acres of certified and transitioning organic production within the State.
(i) Regulations
The Secretary shall promulgate regulations that—
(1) prescribe such other rules as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection (f); and
(2) otherwise enable the Secretary to carry out the program.
(j) Streamlining and coordination
To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the environmental quality incentives program under subpart A, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.
(k) Soil health
To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.
(l) Annual report
Each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the payment rates for conservation activities offered to producers under the program and an analysis of whether payment rates can be reduced for the most expensive conservation activities.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in subsec. (h)(1), is title XXI of
Codification
Section was formerly classified to
Amendments
2022—Subsec. (h)(2)(A).
2018—Subsec. (b).
Subsec. (c).
"(1) enroll in the program an additional 10,000,000 acres for each fiscal year; and
"(2) manage the program to achieve a national average rate of $18 per acre, which shall include the costs of all financial assistance, technical assistance, and any other expenses associated with enrollment or participation in the program."
Subsec. (c)(5).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f).
Subsec. (h).
Subsecs. (j) to (l).
2014—
§3839aa–25. Grassland conservation initiative
(a) Definitions
In this section:
(1) Eligible land
Notwithstanding
(2) Initiative
The term "initiative" means the grassland conservation initiative established under subsection (b).
(b) Establishment and purpose
The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e).
(c) Election
Beginning in fiscal year 2019, the Secretary shall provide a 1-time election to enroll eligible land in the initiative under a contract described in subsection (e).
(d) Method of enrollment
The Secretary shall—
(1) notwithstanding subsection (b) of
(2) enroll the eligible land in the initiative under a contract described in subsection (e).
(e) Grassland conservation contract
(1) In general
Notwithstanding
(A) to meet or exceed the stewardship threshold for not less than 1 priority resource concern by the date on which the contract expires; and
(B) to comply with the terms and conditions of the contract.
(2) Terms
A grassland conservation contract entered into under this section shall—
(A)(i) be for a single 5-year term; and
(ii) not be subject to renewal or reenrollment under
(B) be subject to
(3) Early termination
The Secretary shall allow a producer that enters into a grassland conservation contract under this section—
(A) to terminate the contract at any time; and
(B) to retain payments already received under the contract.
(f) Grassland conservation plan
The grassland conservation plan developed for eligible land shall be limited to—
(1) eligible land; and
(2) resource concerns and activities relating to grassland.
(g) Payments
(1) In general
Beginning in fiscal year 2019, of the funds made available for this subpart under
(2) Payment noneligibility
A grassland conservation contract under this section shall not be—
(A) eligible for payments under
(B) subject to the payment limitations under this subpart.
(3) Limitation
The amount of an annual payment under this subsection shall be $18 per acre, not to exceed the number of base acres on a farm.
(h) Considered planted
The Secretary shall consider land enrolled under a grassland conservation contract under this section during a crop year to be planted or considered planted to a covered commodity (as defined in
(i) Other contracts
A producer with an agricultural operation that contains land eligible under this section and land eligible under
(1) may enroll the land eligible under this section through a contract under this section or under
(2) shall not be prohibited from enrolling the land eligible under
(
Editorial Notes
References in Text
The Agriculture Improvement Act of 2018, referred to in subsec. (g)(1), is