16 USC 3871 - Funding

§ 3871. Establishment and purposes
§ 3871a. Definitions
§ 3871b. Regional conservation partnerships
§ 3871c. Assistance to producers
§ 3871d. Funding
§ 3871e. Administration
§ 3871f. Critical conservation areas

§ 3871. Establishment and purposes

(a) EstablishmentThe Secretary shall establish a regional conservation partnership program to implement eligible activities on eligible land through—

(1) partnership agreements, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title, with eligible partners; and

(2) program contracts with producers.

(b) PurposesThe purposes of the program are as follows:

(1) To carry out eligible activities to accomplish purposes and functions similar to those of the following programs, as in effect on the day before February 7, 2014:

(A) The agricultural water enhancement program established under section 3839aa–9 1

1 See References in Text note below.

of this title.

(B) The Chesapeake Bay watershed program established under section 3839bb–4 1 of this title.

(D) The Great Lakes basin program for soil erosion and sediment control established under section 3839bb–3 1 of this title.

(2) To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water and groundwater), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale.

(3) To encourage eligible partners to cooperate with producers in—

(A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production on eligible land, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns; and

(B) implementing projects that will result in the adoption, installation, and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multistate basis.

(4) To encourage the flexible and streamlined delivery of conservation assistance to producers through partnership agreements.

(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.

(Pub. L. 99–198, title XII, § 1271, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 744; amended Pub. L. 115–334, title II, § 2701, Dec. 20, 2018, 132 Stat. 4592.)

§ 3871a. DefinitionsIn this subchapter:

(1) Covered programThe term “covered program” means the following:

(A) The agricultural conservation easement program.

(B) The environmental quality incentives program.

(C) The conservation stewardship program, not including the grassland conservation initiative under section 3839aa–25 of this title.

(D) The healthy forests reserve program established under section 6571 of this title.

(E) The conservation reserve program established under subpart B of part I of subchapter IV.

(F) The programs established by the Secretary to carry out the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 (16 U.S.C. 1012) of that Act.

(2) Eligible activity

(3) Eligible land

(4) Eligible partnerThe term “eligible partner” means any of the following:

(A) An agricultural or silvicultural producer association or other group of producers.

(B) A State or unit of local government.

(D) A farmer cooperative.

(E) A water district, irrigation district, acequia, rural water district or association, or other organization with specific water delivery authority to producers on agricultural land.

(F) A municipal water or wastewater treatment entity.

(G) An institution of higher education.

(H) An organization or entity with an established history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address—

(i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or

(ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues.

(I) An organization described in section 3865a(3)(B) of this title.

(J) A conservation district.

(5) Partnership agreement

(6) Program

(7) Program contract

(A) In general

(B) Exclusion

(Pub. L. 99–198, title XII, § 1271A, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 745; amended Pub. L. 115–334, title II, § 2702, Dec. 20, 2018, 132 Stat. 4593.)

§ 3871b. Regional conservation partnerships

(a) Partnership agreements authorized

(b) Length

(1) In generalA partnership agreement shall be—

(A) for a period not to exceed 5 years; or

(B) for a period that is longer than 5 years, if the longer period is necessary to meet the objectives of the program, as determined by the Secretary.

(2) Renewal

(3) Extension

(1) In generalUnder a partnership agreement, the eligible partner shall—

(A) define the scope of a project, including—

(i) 1 or more conservation benefits that the project shall achieve;

(ii) the eligible activities on eligible land to be conducted under the project to achieve conservation benefits;

(iii) the implementation timeline for carrying out the project, including any interim milestones;

(iv) the local, State, multistate, or other geographic area covered; and

(v) the planning, outreach, implementation, and assessment to be conducted;

(B) conduct outreach and education to producers for potential participation in the project;

(C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under section 3871c of this title;

(D) leverage financial or technical assistance provided by the Secretary with additional contributions to help achieve the project objectives;

(E) conduct an assessment of—

(i) the progress made by the project in achieving each conservation benefit defined in the partnership agreement, including in a quantified form to the extent practicable; and

(ii) as appropriate, other outcomes of the project; and

(F) at the conclusion of the project, report to the Secretary on its results and funds leveraged.

(2) Contribution

(A) In general

(B) FormA contribution of an eligible partner under this paragraph may be in the form of—

(i) direct funding;

(ii) in-kind support; or

(iii) a combination of direct funding and in-kind support.

(d) Duties of SecretaryThe Secretary shall—

(1) establish a timeline for carrying out the duties of the Secretary under a partnership agreement, including—

(A) entering into program contracts with producers;

(B) providing financial assistance to producers; and

(C) in the case of a partnership agreement that is funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, providing the payments to the eligible partner for carrying out eligible activities;

(2) identify in each State a program coordinator for the State, who shall be responsible for providing assistance to eligible partners under the program;

(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);

(4) provide to each eligible partner that has entered into a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title—

(A) a semiannual report describing the status of each pending and obligated contract under the project of the eligible partner; and

(B) an annual report describing how the Secretary used amounts reserved by the Secretary for that year for technical assistance under section 3871d(f) 1

1 So in original. Probably should be “section 3871d(e)”.

of this title; and

(5) ensure that any eligible activity effectively achieves the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).

(e) Applications

(1) Competitive process

(2) Criteria used

(3) ContentsThe Secretary shall develop a simplified application that includes a description of—

(A) the scope of the project, as described in subsection (c)(1)(A);

(B) the plan for monitoring, evaluating, and reporting on progress made toward achieving the project’s objectives;

(D) each eligible partner collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and contribution; and

(E) any other elements the Secretary considers necessary to adequately evaluate and competitively select applications for funding under the program.

(4) Priority to certain applicationsThe Secretary may give a higher priority to applications that—

(A) assist producers in meeting or avoiding the need for a natural resource regulatory requirement;

(B) have a high percentage of producers in the area to be covered by the agreement;

(C) significantly leverage non-Federal financial and technical resources and coordinate with other local, State, or national efforts;

(D) build new partnerships with local, State, and private entities to include a diversity of stakeholders in the project;

(E) deliver a high percentage of applied conservation—

(i) to achieve conservation benefits; or

(ii) in the case of a project in a critical conservation area under section 3871f of this title, to address the priority resource concern for that critical conservation area;

(F) implement the project consistent with existing watershed, habitat, or other area restoration plans;

(G) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods; or

(H) meet other factors that are important for achieving the purposes of the program, as determined by the Secretary.

(5) RenewalsIf the Secretary determines that a project that is the subject of a partnership agreement has met or exceeded the objectives of the project, the Secretary may renew the partnership agreement through an expedited noncompetitive process if the 1 or more eligible partners that are parties to the partnership agreement request the renewal in order—

(A) to continue to implement the project under a renewal of the partnership agreement; or

(B) to expand the scope of the project under a renewal of the partnership agreement, as long as the expansion is within the objectives and purposes of the original partnership agreement.

(f) Nonapplicability of adjusted gross income limitation

(Pub. L. 99–198, title XII, § 1271B, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 746; amended Pub. L. 115–334, title II, § 2703, Dec. 20, 2018, 132 Stat. 4594.)

§ 3871c. Assistance to producers

(a) In general

(b) Program contracts

(1) In general

(2) Application bundles

(A) In general

(B) Priority

(1) In general

(2) Payments to certain producersThe Secretary may provide payments for a period of 5 years—

(A) to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and

(B) to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management.

(3) Waiver authority

(d) Funding through alternative funding arrangements or grant agreements

(1) In general

(2) Duties of the SecretaryThe Secretary shall—

(A) under a funding agreement under paragraph (1)—

(i) use funding made available to carry out this subchapter to provide funding directly to the eligible partner; and

(ii) provide technical and administrative assistance, as mutually agreed by the parties; and

(B) enter into not more than 15 alternative funding arrangements or grant agreements with 1 or more eligible partners each fiscal year.

(3) Duties of eligible partnersUnder a funding agreement under paragraph (1), the eligible partner shall—

(A) carry out eligible activities on eligible land in agreement with producers to achieve conservation benefits on a regional or watershed scale, such as—

(i) infrastructure investments relating to agricultural or nonindustrial private forest production that would—(I) benefit multiple producers; and(II) address natural resource concerns such as drought, wildfire, or water quality impairment on the land covered by the project;

(ii) projects addressing natural resources concerns in coordination with producers, including the development and implementation of watershed, habitat, or other area restoration plans;

(iii) projects that use innovative approaches to leveraging the Federal investment in conservation with private financial mechanisms, in conjunction with agricultural production or forest resource management, such as—(I) the provision of performance-based payments to producers; and(II) support for an environmental market; or

(iv) other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the funding agreement under paragraph (1); and

(B) submit to the Secretary, in addition to any information that the Secretary requires to prepare the report under section 3871e(b) of this title, an annual report that describes the status of the project, including a description of—

(i) the use of the funds awarded under paragraph (1);

(ii) any subcontracts awarded;

(iii) the producers receiving funding through the funding agreement under paragraph (1);

(iv)(I) the progress made by the project in addressing each natural resource concern defined in the funding agreement under paragraph (1), including in a quantified form to the extent practicable; and(II) as appropriate, other outcomes of the project; and

(v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.

(Pub. L. 99–198, title XII, § 1271C, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 747; amended Pub. L. 115–334, title II, § 2704, Dec. 20, 2018, 132 Stat. 4596.)

§ 3871d. Funding

(a) Availability of funds

(b) Duration of availability

Of the funds made available for the program under subsection (a), the Secretary shall allocate—

(1) 50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees established under subchapter VI; and

(2) 50 percent of the funds to projects for critical conservation areas designated under section 3871f of this title.

(d) Limitation on administrative expenses

(1) In general

(2) Project development and outreach

Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, the Secretary may advance reasonable amounts of funding for not longer than 90 days for technical assistance to eligible partners to conduct project development and outreach activities in a project area, including—

(A) providing outreach and education to producers for potential participation in the project;

(B) establishing baseline metrics to support the development of the assessment required under section 3871b(c)(1)(E) of this title; or

(e) Technical assistance

(1) In general

(2) Limitation

(3) Third-party providers

(Pub. L. 99–198, title XII, § 1271D, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 749; amended Pub. L. 115–334, title II, § 2705, Dec. 20, 2018, 132 Stat. 4598; Pub. L. 117–169, title II, § 21001(c)(7), Aug. 16, 2022, 136 Stat. 2017.)

§ 3871e. Administration

(a) Disclosure

(b) ReportingNot later than December 31, 2019, and every two 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 projects funded under the program, including—

(1) a summary of—

(A) the progress made towards achieving the conservation benefits defined for the projects; and

(B) any other related outcomes of the projects;

(2) the number and types of eligible partners and producers participating in the partnership agreements selected;

(3) the number of producers receiving assistance;

(4) total funding committed to projects, including from Federal and non-Federal resources;

(5) a description of how the funds under section 3871c(d) of this title are being administered, including—

(A) any oversight mechanisms that the Secretary has implemented;

(B) the process through which the Secretary is resolving appeals by program participants; and

(6) in the case of a project within a critical conservation area under section 3871f of this title, the status of each priority resource concern for each designated critical conservation area, including—

(A) the priority resource concerns for which each critical conservation area is designated;

(B) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concerns;

(D) the extent to which each conservation goal and outcome is being addressed by the partnership agreements.

(c) Compliance with certain requirementsThe Secretary may not provide assistance under the program to a producer unless the producer agrees, during the program year for which the assistance is provided—

(1) to comply with applicable conservation requirements under subchapter II; and

(2) to comply with applicable wetland protection requirements under subchapter III.

(d) Historically underserved producers

(e) Regulations

(Pub. L. 99–198, title XII, § 1271E, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 749; amended Pub. L. 115–334, title II, § 2706, Dec. 20, 2018, 132 Stat. 4599.)

§ 3871f. Critical conservation areas

(a) DefinitionsIn this section:

(1) Critical conservation area

(2) Priority resource concernThe term “priority resource concern” means a natural resource concern located in a critical conservation area that can be addressed through—

(A) water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance;

(B) water quantity improvement, including improvement relating to—

(i) drought;

(ii) groundwater, surface water, aquifer, or other water sources; or

(iii) water retention and flood prevention;

(D) other natural resource improvements, as determined by the Secretary, within the critical conservation area.

(b) Applications

(1) In general

(2) PriorityIn designating critical conservation areas under this section, the Secretary shall give priority to geographical areas based on the degree to which the geographical area—

(A) includes multiple States with significant agricultural production;

(B) is covered by an existing regional, State, binational, or multistate agreement or plan that has established objectives, goals, and work plans and is adopted by a Federal, State, or regional authority;

(D) contains producers that need assistance in meeting or avoiding the need for a natural resource regulatory requirement that could have a negative impact on the economic scope of the agricultural operations within the area.

(3) Review and withdrawalThe Secretary may—

(A) review designations of critical conservation areas under this section not more frequently than once every 5 years; and

(B) withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area.

(4) Limitation

(d) Outreach to eligible partners and producers

(e) Administration

(1) In general

(2) Relationship to existing activity

(Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 750; amended Pub. L. 115–334, title II, § 2707, Dec. 20, 2018, 132 Stat. 4600.)