16 USC 3839 - Duties of producers

Collapse to view only § 3839aa-4. Duties of producers

§ 3839aa. Purposes
§ 3839aa-1. Definitions
§ 3839aa-2. Establishment and administration
§ 3839aa-3. Evaluation of applications
§ 3839aa-4. Duties of producers
§ 3839aa-5. Environmental quality incentives program plan
§ 3839aa-6. Duties of the Secretary
§ 3839aa-7. Limitation on payments
§ 3839aa-8. Conservation innovation grants and payments
§ 3839aa-9. Repealed.

§ 3839aa. PurposesThe 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

(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

(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.

(Pub. L. 99–198, title XII, § 1240, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 253; amended Pub. L. 110–234, title II, § 2501(a), May 22, 2008, 122 Stat. 1057; Pub. L. 110–246, § 4(a), title II, § 2501(a), June 18, 2008, 122 Stat. 1664, 1785; Pub. L. 113–79, title II, § 2201, Feb. 7, 2014, 128 Stat. 728; Pub. L. 115–334, title II, §§ 2301(d)(1)(D), 2302, Dec. 20, 2018, 132 Stat. 4554, 4555.)

§ 3839aa–1. DefinitionsIn this subpart:

(1) Conservation planning assessmentThe 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 section 3842(e) of this title (including a certified rangeland professional);

(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

(B) InclusionsThe 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

(4) Organic system plan

(5) PaymentThe 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) PracticeThe 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 section 3839aa–24(d)(1) of this title);

(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 concernThe 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

(9) Soil remediationThe 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

(10) Soil testingThe 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.

(Pub. L. 99–198, title XII, § 1240A, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 253; amended Pub. L. 110–234, title II, § 2502, May 22, 2008, 122 Stat. 1058; Pub. L. 110–246, § 4(a), title II, § 2502, June 18, 2008, 122 Stat. 1664, 1786; Pub. L. 113–79, title II, § 2202, Feb. 7, 2014, 128 Stat. 729; Pub. L. 115–334, title II, §§ 2301(d)(1)(E), 2303, Dec. 20, 2018, 132 Stat. 4554, 4555.)

§ 3839aa–2. Establishment and administration

(a) Establishment

(b) Practices and term

(1) Practices

(2) Term

(d) Payments

(1) Availability of payments

(2) Limitation on payment amountsA 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

(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 incomeIn 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;

(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 generalNotwithstanding 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

1 See References in Text note below.

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

(ii) Return of funds

(iii) Notification and documentationThe 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

(6) Other payments

(7) Increased payments for high-priority practices

(A) State determinationEach State, in consultation with the State technical committee established under section 3861(a) of this title 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

(e) Modification or termination of contracts

(1) Voluntary modification or terminationThe 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

(f) Allocation of funding

(1) Livestock

(2) Wildlife habitat

(A) Fiscal years 2014 through 2018

(B) Fiscal years 2019 through 2031

(g) Wildlife habitat incentive program

(1) In generalThe 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;

(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

(3) Maximum term

(4) Included practicesFor 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 paymentsThe 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

(2) Eligibility of certain entities

(A) In general

(B) ImplementationWater 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.

(D) Contract limitations

(3) PriorityIn 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

(i) Payments for conservation practices related to organic production

(1) Payments authorizedThe 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 requirementsAs 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 generalPayments 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

(4) Exclusion of certain organic certification costs

(5) Termination of contractsThe 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 (7 U.S.C. 6501 et seq).

(j) Conservation incentive contracts

(1) Identification of eligible priority resource concerns for States

(A) In general

(B) Limitation

(2) Contracts

(A) Authority

(i) In general

(ii) InclusionsThrough 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

(C) PrioritizationNotwithstanding section 3839aa–3 of this title, 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 generalThe 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 amountsIn 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.

(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.

(Pub. L. 99–198, title XII, § 1240B, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 254; amended Pub. L. 108–447, div. A, title VII, § 794(a), Dec. 8, 2004, 118 Stat. 2852; Pub. L. 109–171, title I, § 1203(a), Feb. 8, 2006, 120 Stat. 6; Pub. L. 110–234, title II, § 2503, May 22, 2008, 122 Stat. 1059; Pub. L. 110–246, § 4(a), title II, § 2503, June 18, 2008, 122 Stat. 1664, 1787; Pub. L. 112–55, div. A, title VII, § 716(c), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–76, div. A, title VII, § 750(a), Jan. 17, 2014, 128 Stat. 42; Pub. L. 113–79, title II, § 2203, Feb. 7, 2014, 128 Stat. 729; Pub. L. 115–123, div. F, § 60102(a), Feb. 9, 2018, 132 Stat. 312; Pub. L. 115–334, title II, §§ 2301(d)(1)(F), 2304, Dec. 20, 2018, 132 Stat. 4554, 4556; Pub. L. 117–169, title II, § 21001(c)(1), Aug. 16, 2022, 136 Stat. 2017.)

§ 3839aa–3. Evaluation of applications

(a) Evaluation criteria

(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.

(Pub. L. 99–198, title XII, § 1240C, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2504, May 22, 2008, 122 Stat. 1062; Pub. L. 110–246, § 4(a), title II, § 2504, June 18, 2008, 122 Stat. 1664, 1790; Pub. L. 113–79, title II, § 2204, Feb. 7, 2014, 128 Stat. 730; Pub. L. 115–334, title II, § 2301(d)(1)(G), Dec. 20, 2018, 132 Stat. 4554.)

§ 3839aa–4. Duties of producersTo 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.

(Pub. L. 99–198, title XII, § 1240D, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2505, May 22, 2008, 122 Stat. 1062; Pub. L. 110–246, § 4(a), title II, § 2505, June 18, 2008, 122 Stat. 1664, 1790; Pub. L. 113–79, title II, § 2205, Feb. 7, 2014, 128 Stat. 730.)

§ 3839aa–5. Environmental quality incentives program plan

(a) Plan of operationsTo 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 section 2103a of this title;

(B) another practice plan approved by the State forester; or

(b) Avoidance of duplicationThe 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.

(Pub. L. 99–198, title XII, § 1240E, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2506, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2506, June 18, 2008, 122 Stat. 1664, 1791; Pub. L. 115–334, title II, §§ 2301(d)(1)(H), 2305, Dec. 20, 2018, 132 Stat. 4554, 4561.)

§ 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.

(Pub. L. 99–198, title XII, § 1240F, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 110–234, title II, § 2507, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2507, June 18, 2008, 122 Stat. 1664, 1791.)

§ 3839aa–7. Limitation on payments

Not including payments made under section 3839aa–2(j) of this title, a person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this subpart that, in aggregate, exceed $450,000 for all contracts entered into under this subpart by the person or legal entity during the period of fiscal years 2014 through 2018, or the period of fiscal years 2019 through 2023, regardless of the number of contracts entered into under this subpart by the person or legal entity.

(Pub. L. 99–198, title XII, § 1240G, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 108–447, div. A, title VII, § 794(b), Dec. 8, 2004, 118 Stat. 2852; Pub. L. 109–171, title I, § 1203(b), Feb. 8, 2006, 120 Stat. 6; Pub. L. 110–234, title II, § 2508, May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2508, June 18, 2008, 122 Stat. 1664, 1791; Pub. L. 113–79, title II, § 2206, Feb. 7, 2014, 128 Stat. 730; Pub. L. 115–334, title II, §§ 2301(d)(1)(I), 2306, Dec. 20, 2018, 132 Stat. 4554, 4561.)

§ 3839aa–8. Conservation innovation grants and payments

(a) Competitive grants for innovative conservation approaches

(1) Grants

(2) UseThe 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 section 3319e(a) of title 7) carrying out demonstration projects on land of the community college;

(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

(2) Funding

(1) DefinitionsIn this subsection:

(A) Eligible entityThe 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 approachThe 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 section 3839aa–24(d)(1) of this title);(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 approachesUsing $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

(B) Adjusted gross income requirements

(i) In generalAdjusted gross income requirements under section 1308–3a(b)(1) of title 7 shall—(I) apply to producers receiving payments under this subsection; and(II) be enforced by the Secretary.

(ii) Reporting

(D) Length of agreementsAn 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

(5) Technical assistanceThe 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

(7) Soil health demonstration trialUsing 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 requiredNot 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 generalThe 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

(Pub. L. 99–198, title XII, § 1240H, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 257; amended Pub. L. 110–234, title II, § 2509, May 22, 2008, 122 Stat. 1064; Pub. L. 110–246, § 4(a), title II, § 2509, June 18, 2008, 122 Stat. 1664, 1792; Pub. L. 113–79, title II, § 2207, Feb. 7, 2014, 128 Stat. 731; Pub. L. 115–334, title II, §§ 2301(d)(1)(J), 2307, Dec. 20, 2018, 132 Stat. 4554, 4561; Pub. L. 117–169, title II, § 21001(c)(2), Aug. 16, 2022, 136 Stat. 2017.)

§ 3839aa–9. Repealed. Pub. L. 113–79, title II, § 2706(a), Feb. 7, 2014, 128 Stat. 769