Collapse to view only § 3845. Environmental services markets
- § 3841. Commodity Credit Corporation
- § 3842. Delivery of technical assistance
- § 3843. Repealed.
- § 3844. Administrative requirements for conservation programs
- § 3845. Environmental services markets
- § 3846. Regulations
- § 3847. Data on conservation practices
§ 3841. Commodity Credit Corporation
(a) Annual fundingFor each of fiscal years 2014 through 2031, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this chapter (including the provision of technical assistance):
(1) The conservation reserve program under subpart B of part I of subchapter IV, including, to the maximum extent practicable—
(A) $12,000,000 for the period of fiscal years 2019 through 2023 to provide payments under section 3834(c) of this title; and
(B) $50,000,000 for the period of fiscal years 2019 through 2023, including not more than $5,000,000 to provide outreach and technical assistance, to carry out section 3835(f) of this title to facilitate the transfer of land subject to contracts from contract holders to covered farmers or ranchers, as defined in section 3835(f)(1) of this title.
(2) The agricultural conservation easement program under subchapter VII using to the maximum extent practicable—
(A) $400,000,000 for fiscal year 2014;
(B) $425,000,000 for fiscal year 2015;
(C) $450,000,000 for fiscal year 2016;
(D) $500,000,000 for fiscal year 2017;
(E) $250,000,000 for fiscal year 2018; and
(F) $450,000,000 for each of fiscal years 2019 through 2031.
(3) The programs under part IV of subchapter IV, using, to the maximum extent practicable—
(A) for the environmental quality incentives program under subpart A of part IV of subchapter IV—
(i) $1,750,000,000 for fiscal year 2019;
(ii) $1,750,000,000 for fiscal year 2020;
(iii) $1,800,000,000 for fiscal year 2021;
(iv) $1,850,000,000 for fiscal year 2022; and
(v) $2,025,000,000 for each of fiscal years 2023 through 2031; and
(B) for the conservation stewardship program under subpart B of part IV of subchapter IV—
(i) $700,000,000 for fiscal year 2019;
(ii) $725,000,000 for fiscal year 2020;
(iii) $750,000,000 for fiscal year 2021;
(iv) $800,000,000 for fiscal year 2022; and
(v) $1,000,000,000 for each of fiscal years 2023 through 2031.
(4) The conservation stewardship program under subpart B of part II of subchapter IV (as in effect on the day before December 20, 2018), using such sums as are necessary to administer contracts entered into before December 20, 2018.
(b) Availability of funds
(c) Technical assistance
(1) AvailabilityCommodity Credit Corporation funds made available for a fiscal year for each of the programs specified in subsection (a)—
(A) shall be available for the provision of technical assistance for the programs for which funds are made available as necessary to implement the programs effectively;
(B) except for technical assistance for the conservation reserve program under subpart B of part I of subchapter IV, shall be apportioned for the provision of technical assistance in the amount determined by the Secretary, at the sole discretion of the Secretary; and
(C) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available.
(2) Priority
(A) In general
(B) Report
(3) ReportNot later than December 31, 2014, the Secretary shall submit (and update as necessary in subsequent years) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report—
(A) detailing the amount of technical assistance funds requested and apportioned in each program specified in subsection (a) during the preceding fiscal year; and
(B) any other data relating to this provision that would be helpful to such Committees.
(4) Compliance reportNot later than November 1 of each 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 that includes—
(A) a description of the extent to which the requests for highly erodible land conservation and wetland compliance determinations are being addressed in a timely manner;
(B) the total number of requests completed in the previous fiscal year;
(C) the incomplete determinations on record; and
(D) the number of requests that are still outstanding more than 1 year since the date on which the requests were received from the producer.
(d) Relationship to other law
(e) Regional equity
(1) Equitable distribution
(2) Minimum percentageIn determining the specific funding allocations under paragraph (1), the Secretary shall—
(A) ensure that during the first quarter of each fiscal year each State has the opportunity to establish that the State can use an aggregate allocation amount of at least 0.6 percent of the funds made available for those conservation programs; and
(B) for each State that can so establish, provide an aggregate amount of at least 0.6 percent of the funds made available for those conservation programs.
(f) Acceptance and use of contributions for public-private partnerships
(1) Establishment of public-private partnership contributions accounts
(2) Deposit and use of contributions
(3) Secretarial authority
(A) In generalThe Secretary may accept under this subsection contributions of such funds as the Secretary determines appropriate, taking into consideration—
(i) the source of the funds to be contributed;
(ii) the natural resource concerns to be addressed through the use of the funds;
(iii) the amount of funds to be contributed;
(iv) whether the activities proposed to be carried out using the funds are consistent with the priorities of the Secretary; and
(v) any other factors the Secretary determines to be relevant.
(B) Determination
(4) Match of contributed funds
(A) In general
(B) Distribution of Federal funding for States
(C) Limitation
(5) Role of contributing entityAn entity contributing funds under this subsection may—
(A) designate the covered program for which the contributed funds are intended to be used;
(B) specify the geographic area in which the contributed funds are intended to be used;
(C) identify a natural resource concern the contributed funds are intended to be used to address;
(D) with respect to an activity funded pursuant to this subsection that may result in environmental services benefits to be sold through an environmental services market, subject to the approval of the Secretary, prescribe the terms for ownership of the entity’s share of such environmental services benefits resulting from such activity; and
(E) work with the Secretary to promote the activities funded pursuant to this subsection.
(6) Producer participation
(A) NotificationThe Secretary shall establish a process to provide notice to producers—
(i) of activities that may be carried out, through a covered program, pursuant to this section; and
(ii) any 1
1 So in original. Probably should be preceded by “of”.
terms prescribed by the contributing entity under paragraph (5)(D) with respect to such activities.(B) Retention of environmental services benefits
(7) Consistency with program requirements
(A) In general
(B) Adjustments
(i) In generalThe Secretary may, if the Secretary determines necessary, adjust a regulatory requirement of a covered program, or related guidance, as it applies to an activity carried out using funds contributed under this subsection—(I) to provide a simplified process; or(II) to better reflect unique local circumstances and to address a specific priority of the contributing entity.
(ii) Limitation
(8) ReportNot later than December 31, 2024, and each year thereafter through December 31, 2031, 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 that contains—
(A) the name and a description of each entity contributing private funds under this subsection that took an action under paragraph (5), and a description of each such action;
(B) the name and a description of each entity contributing private funds under this subsection for which the Secretary has provided matching Federal funds, and the level of that match, including the amount of such matching Federal funds; and
(C) the total amounts of—
(i) private funds contributed under this subsection; and
(ii) matching Federal funds provided by the Secretary under paragraph (4).
(9) Covered program definedIn this subsection, the term “covered program” means a program carried out by the Secretary under—
(A) subchapter IV (except for subpart B of such subchapter),2
2 See References in Text note below.
subchapter VII, or subchapter VIII;(B)section 2203 of this title;
(C) title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et seq.); or
(D) 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 of such Act (16 U.S.C. 1012).
(10) Duration of authority
(g) Allocations review and update
(1) Review
(2) UpdateThe Secretary shall improve conservation program allocation formulas as necessary to ensure that—
(A) the formulas adequately reflect the costs of carrying out the conservation programs;
(B) to the maximum extent practicable, local natural resource concerns are considered a leading factor in determining annual funding allocation to States;
(C) the process used at the national level to evaluate State budget proposals and to allocate funds is reviewed annually to assess the effect of allocations in addressing identified natural resource priorities and objectives; and
(D) the allocation of funds to States addresses priority natural resource concerns and objectives.
(h) Assistance to certain farmers or ranchers for conservation access
(1) Assistance
(A) Fiscal years 2009 through 2018Of the funds made available for each of fiscal years 2009 through 2018 to carry out the environmental quality incentives program and the acres made available for each of such fiscal years to carry out the conservation stewardship program, the Secretary shall use, to the maximum extent practicable—
(i) 5 percent to assist beginning farmers or ranchers; and
(ii) 5 percent to assist socially disadvantaged farmers or ranchers.
(B) Fiscal years 2019 through 2031Of the funds made available for each of fiscal years 2019 through 2031 to carry out the environmental quality incentives program under subpart A of part IV of subchapter IV and the conservation stewardship program under subpart B of part IV of subchapter IV, the Secretary shall use, to the maximum extent practicable—
(i) 5 percent to assist beginning farmers or ranchers; and
(ii) 5 percent to assist socially disadvantaged farmers or ranchers.
(2) Repooling of funds
(3) Repooling of acres
(4) Preference
(i) Report on program enrollments and assistanceNot later than December 15 of each of calendar years 2019 through 2023, 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 an annual report containing statistics by State related to enrollments in conservation programs under this chapter, as follows:
(1) The annual and current cumulative activity reflecting active agreement and contract enrollment statistics.
(2) Secretarial exceptions, waivers, and significant payments, including—
(A) payments made under the agricultural conservation easement program for easements valued at $250,000 or greater;
(B) payments made under the regional conservation partnership program subject to the waiver of adjusted gross income limitations pursuant to section 3871c(c)(3) of this title;
(C) waivers granted by the Secretary under section 1308–3a(b)(3) of title 7;
(D) exceptions and activity associated with section 3839aa–2(h)(2) of this title; and
(E) exceptions provided by the Secretary under section 3865b(b)(2)(B)(ii) of this title.
(j) Conservation standards and requirements
(1) In generalSubject to the requirements of this chapter, the Natural Resources Conservation Service shall serve as the lead agency in developing and establishing technical standards and requirements for conservation programs carried out under this chapter, including—
(A) standards for conservation practices under this chapter;
(B) technical guidelines for implementing conservation practices under this chapter, including the location of the conservation practices; and
(C) standards for conservation plans.
(2) Consistency of farm service agency technical standards and payment ratesThe Administrator of the Farm Service Agency shall ensure that—
(A) technical standards of programs administered by the Farm Service Agency are consistent with the technical standards established by the Natural Resources Conservation Service under paragraph (1); and
(B) payment rates, to the extent practicable, are consistent between the Farm Service Agency and the Natural Resources Conservation Service.
(Pub. L. 99–198, title XII, § 1241, as added Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 278; amended Pub. L. 108–7, div. N, title II, §§ 213, 216(c), Feb. 20, 2003, 117 Stat. 545, 546; Pub. L. 108–11, title II, § 2106(a), Apr. 16, 2003, 117 Stat. 590; Pub. L. 108–199, div. H, § 101, Jan. 23, 2004, 118 Stat. 434; Pub. L. 108–324, div. B, § 101(e), Oct. 13, 2004, 118 Stat. 1235; Pub. L. 108–498, § 1(a), Dec. 23, 2004, 118 Stat. 4020; Pub. L. 109–171, title I, §§ 1202(b), 1203(c), Feb. 8, 2006, 120 Stat. 5, 6; Pub. L. 110–234, title II, §§ 2701–2705, May 22, 2008, 122 Stat. 1071–1074; Pub. L. 110–246, § 4(a), title II, §§ 2701–2705, June 18, 2008, 122 Stat. 1664, 1799–1802; Pub. L. 112–55, div. A, title VII, § 716(d)–(f), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–76, div. A, title VII, § 750(b), Jan. 17, 2014, 128 Stat. 42; Pub. L. 113–79, title II, §§ 2601–2605, Feb. 7, 2014, 128 Stat. 756–759; Pub. L. 115–123, div. F, § 60102(b), Feb. 9, 2018, 132 Stat. 312; Pub. L. 115–334, title II, § 2501, title XII, § 12306(g), Dec. 20, 2018, 132 Stat. 4576, 4970; Pub. L. 117–169, title II, § 21001(c)(5), Aug. 16, 2022, 136 Stat. 2017; Pub. L. 117–328, div. HH, title I, § 202, Dec. 29, 2022, 136 Stat. 5982.)
§ 3842. Delivery of technical assistance
(a) DefinitionsIn this section:
(1) Eligible participant
(2) Third-party provider
(b) Purpose of technical assistance
(c) Provision of technical assistanceThe Secretary shall provide technical assistance under this chapter to an eligible participant—
(1) directly;
(2) through an agreement with a third-party provider; or
(3) at the option of the eligible participant, through a payment, as determined by the Secretary, to the eligible participant for an approved third-party provider, if available.
(d) Non-Federal assistance
(e) Certification of third-party providers
(1) Purpose
(2) Regulations
(3) ExpertiseIn promulgating such regulations, the Secretary, to the maximum extent practicable, shall—
(A) ensure that persons with expertise in the technical aspects of conservation planning, watershed planning, and environmental engineering, including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies, are eligible to become approved providers of the technical assistance;
(B) provide national criteria for the certification of third-party providers; and
(C) approve any unique certification standards established at the State level.
(4) Certification processThe Secretary shall certify a third-party provider through—
(A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; or
(B) a non-Federal entity approved by the Secretary to perform the certification.
(5) Streamlined certification
(f) Administration
(1) Funding
(2) Term of agreementAn agreement with a third-party provider under this section shall have a term that—
(A) at a minimum, is equal to the period beginning on the date on which the agreement is entered into and ending on the date that is 1 year after the date on which all activities performed pursuant to the agreement have been completed;
(B) does not exceed 3 years; and
(C) can be renewed, as determined by the Secretary.
(3) Review of certification requirementsNot later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall—
(A) review certification requirements for third-party providers; and
(B) make any adjustments considered necessary by the Secretary to improve participation.
(4) Eligible activities
(A) Inclusion of activitiesThe Secretary may include as activities eligible for payments to a third-party provider—
(i) technical services provided directly to eligible participants, such as conservation planning, education and outreach, and assistance with design and implementation of conservation practices; and
(ii) related technical assistance services that accelerate conservation program delivery.
(B) Exclusions
(5) Payment amounts
(g) Availability of technical services
(1) In general
(2) Technical service contracts
(h) Review of conservation practice standards
(1) Review requiredThe Secretary shall—
(A) not later than 1 year after December 20, 2018, complete a review of each conservation practice standard, including engineering design specifications, in effect on the day before December 20, 2018;
(B) ensure, to the maximum extent practicable, the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs, including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and such other needs as are determined by the Secretary;
(C) ensure that the standards provide for the optimal balance between meeting site-specific conservation needs and minimizing risks of design failure and associated costs of construction and installation; and
(D) evaluate opportunities to increase flexibility in conservation practice standards in a manner that ensures equivalent natural resource benefits.
(2) Consultation
(3) Expedited revision of standardsNot later than 1 year after December 20, 2018, the Secretary shall develop for the programs under this chapter an administrative process for—
(A) expediting the establishment and revision of conservation practice standards;
(B) considering conservation innovations and scientific and technological advancements with respect to any establishment or revision under subparagraph (A);
(C) allowing local flexibility in the creation of—
(i) interim practice standards and supplements to existing practice standards to address the considerations described in subparagraph (B); and
(ii) partnership-led proposals for new and innovative techniques to facilitate implementing agreements and grants under this title; and
(D) soliciting regular input from State technical committees established under section 3861(a) of this title for recommendations that identify innovations or advancements described in subparagraph (B).
(4) ReportNot later than 2 years after December 20, 2018, and every 2 years thereafter, the Secretary shall submit to Congress a report on—
(A) the administrative process developed under paragraph (3);
(B) conservation practice standards that were established or revised under that process; and
(C) conservation innovations that were considered under that process.
(i) Addressing concerns of specialty crop, organic, and precision agriculture producers
(1) In generalThe Secretary shall—
(A) to the maximum extent practicable, fully incorporate specialty crop production, organic crop production, and precision agriculture into the conservation practice standards; and
(B) provide for the appropriate range of conservation practices and resource mitigation measures available to producers involved with organic or specialty crop production or precision agriculture.
(2) Availability of adequate technical assistance
(A) In general
(B) RequirementsIn carrying out subparagraph (A), the Secretary shall develop—
(i) programs that meet specific needs of producers involved with organic, specialty crop production or precision agriculture through cooperative agreements with other agencies and nongovernmental organizations; and
(ii) program specifications that allow for innovative approaches to engage local resources in providing technical assistance for planning and implementation of conservation practices.
(Pub. L. 99–198, title XII, § 1242, as added Pub. L. 107–171, title II, § 2701, May 13, 2002, 116 Stat. 279; amended Pub. L. 110–234, title II, § 2706, May 22, 2008, 122 Stat. 1074; Pub. L. 110–246, § 4(a), title II, § 2706, June 18, 2008, 122 Stat. 1664, 1802; Pub. L. 113–79, title II, § 2713(c), Feb. 7, 2014, 128 Stat. 772; Pub. L. 115–334, title II, §§ 2502, 2821(e), Dec. 20, 2018, 132 Stat. 4579, 4603.)
§ 3843. Repealed. Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770
§ 3844. Administrative requirements for conservation programs
(a) Incentives for certain farmers and ranchers and Indian tribes
(1) Incentives authorizedIn carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program—
(A) to foster new farming and ranching opportunities; and
(B) to enhance long-term environmental goals.
(2) Covered personsIncentives authorized by paragraph (1) may be provided to the following:
(A) Beginning farmers or ranchers.
(B) Socially disadvantaged farmers or ranchers.
(C) Limited resource farmers or ranchers.
(D) Indian tribes.
(E) Veteran farmers or ranchers (as defined in section 2279(e) 1
1 See References in Text note below.
of title 7).(b) Privacy of personal information relating to natural resources conservation programs
(1) Information received for technical and financial assistance
(A) In generalIn accordance with section 552(b)(3) of title 5, except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)—
(i) shall not be considered to be public information; and
(ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture.
(B) InformationThe information referred to in subparagraph (A) is information—
(i) provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources conservation program administered by the Natural Resources Conservation Service or the Farm Service Agency; and
(ii) that is proprietary (within the meaning of section 552(b)(4) of title 5) to the agricultural operation or land that is a part of an agricultural operation of the owner, operator, or producer.
(C) Exception
(2) Exceptions
(A) Release and disclosure for enforcement
(B) Disclosure to cooperating persons and agencies
(i) In general
(ii) Use of informationThe person or Federal, State, local, or tribal agency that receives information described in clause (i) may release the information only for the purpose of assisting the Secretary—(I) in providing the requested technical or financial assistance; or(II) in collecting information from data gathering sites.
(C) Statistical and aggregate informationInformation covered by paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form without naming any—
(i) individual owner, operator, or producer; or
(ii) specific data gathering site.
(D) Consent of owner, operator, or producer
(i) In general
(ii) Condition of other programs
(3) Violations; penalties
(4) Data collection, disclosure, and reviewNothing in this subsection—
(A) affects any procedure for data collection or disclosure through the National Resources Inventory; or
(B) limits the authority of Congress or the Government Accountability Office to review information collected or disclosed under this subsection.
(c) PlansThe Secretary shall, to the extent practicable, avoid duplication in—
(1) the conservation plans required for—
(A) highly erodible land conservation under subchapter II; and
(B) the conservation reserve program established under subpart B of part I of subchapter IV;
(2) the agricultural conservation easement program established under subchapter VII; and
(3) the environmental quality incentives program established under subpart A of part IV of subchapter IV.
(d) Tenant protection
(e) Provision of technical assistance by other sources
(f) Acreage limitations
(1) Limitations
(A) Enrollments
(B) Easements
(2) ExceptionsThe Secretary may exceed the limitation in paragraph (1)(A), if the Secretary determines that—
(A) the action would not adversely affect the local economy of a county; and
(B) operators in the county are having difficulties complying with conservation plans implemented under section 3812 of this title.
(3) Waiver to exclude certain acreage
(4) Exclusions
(A) Shelterbelts and windbreaks
(B) Wet and saturated soils
(5) Calculation
(g) Compliance and performanceFor each conservation program under subchapter IV, the Secretary shall develop procedures—
(1) to monitor compliance with program requirements;
(2) to measure program performance;
(3) to demonstrate whether the long-term conservation benefits of the program are being achieved;
(4) to track participation by crop and livestock types; and
(5) to coordinate activities described in this subsection with the national conservation program authorized under section 2004 of this title.
(h) Encouragement of pollinator habitat development and protectionIn carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage—
(1) the development of habitat for native and managed pollinators; and
(2) the use of conservation practices that benefit native and managed pollinators, including, to the extent practicable, practices that maximize benefits for honey bees.
(i) Streamlined application process
(1) In general
(2) Review and streamlining
(A) Review
(B) StreamliningOn completion of the review the Secretary shall revise application forms and processes, as necessary, to ensure that—
(i) all required application information is essential for the efficient, effective, and accountable implementation of conservation programs;
(ii) conservation program applicants are not required to provide information that is readily available to the Secretary through existing information systems of the Department of Agriculture;
(iii) information provided by the applicant is managed and delivered efficiently for use in all stages of the application process, or for multiple applications; and
(iv) information technology is used effectively to minimize data and information input requirements.
(3) Implementation and notification
(j) Review and guidance for practice costs and payment rates
(1) In generalNot later than 1 year after December 20, 2018, and not later than October 1 of each year thereafter, the Secretary shall—
(A) review the estimates for practice costs and rates of payments made to producers for practices on eligible land under this chapter; and
(B) evaluate whether those costs and rates reflect a payment that—
(i) encourages participation in a conservation program administered by the Secretary;
(ii) encourages implementation of the most effective practices to address local natural resource concerns on eligible land; and
(iii) accounts for regional, State, and local variability relating to the complexity, implementation, and adoption of practices on eligible land.
(2) Guidance; reviewThe Secretary shall—
(A) issue guidance to States to annually review and adjust the estimates for practice costs and rates of payments made to producers to reflect the evaluation factors described in paragraph (1)(B); and
(B) determine the appropriate practice costs and rates of payments for each State by—
(i) annually reviewing each conservation program payment schedule and payment rate used in the State; and
(ii) consulting with the State technical committee established under section 3861(a) of this title in that State.
(k)In administrating a conservation program under this chapter, the Secretary shall, to the maximum extent practicable—
(1) seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources; and
(2) take advantage of new technologies to enhance efficiency and effectiveness.
(l) Relation to other paymentsAny payment received by an owner or operator under this chapter, including an easement payment or rental payment, shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following:
(1) This Act.
(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
(3) The Agricultural Act of 2014.
(4) Any law that succeeds a law specified in paragraph (1), (2), or (3).
(m) Funding for Indian tribesIn carrying out the conservation stewardship program under subpart B of part IV of subchapter IV and the environmental quality incentives program under subpart A of part IV of subchapter IV, the Secretary shall enter into alternative funding arrangements with Indian tribes if the Secretary determines that—
(1) the goals and objectives of the programs will be met by such arrangements;
(2) a sufficient number of eligible participants will be aggregated under the alternative funding arrangement to accomplish the underlying purposes and objectives of the applicable program; and
(3) statutory limitations regarding contracts with individual producers will not be exceeded by any tribal member, except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program.
(n) Source water protection through targeting of agricultural practices
(1) In general
(2) Collaboration with water systems and increased incentives
(A) In generalIn encouraging practices under paragraph (1), the Secretary shall—
(i) work collaboratively with community water systems and State technical committees established under section 3861(a) of this title to identify, in each State, local priority areas for the protection of source waters for drinking water; and
(ii) subject to subparagraph (B), for practices described in paragraph (1), offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary.
(B) Limitation
(3) Reservation of funds
(A) In general
(B) Limitation
(o) Environmental services market
(p) Regulatory certainty
(1) In generalIn addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an Indian tribe, or a unit of local government, the Secretary may provide technical and programmatic information—
(A) subject to paragraph (2), to the Federal agency, State, Indian tribe, or unit of local government to support specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement—
(i) that relates to soil, water, or wildlife; and
(ii) over which that Federal agency, State, Indian tribe, or unit of local government has authority; and
(B) relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable.
(2) MechanismsThe Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal agency, State, Indian tribe, or unit of local government, as applicable, under paragraph (1)(A) are anticipated to include, at a minimum—
(A) the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1);
(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented;
(C) a plan for a periodic audit, as appropriate, of the continued implementation or maintenance of each of the conservation practices or activities identified under subparagraph (A); and
(D) notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurance.
(3) Continuing current collaboration on soil, water, or wildlife conservation practicesThe Secretary shall—
(A) continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and
(B) continue collaboration with the Secretary of the Interior on consultation under section 1536(a)(2) of this title or conference under section 1536(a)(4) of this title, as applicable, for wildlife conservation efforts, including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before December 20, 2018, in accordance with—
(i) the document entitled “Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service”, numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and
(ii) United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect on August 9, 2016.
(4) Savings clauseNothing in this subsection—
(A) preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government;
(B) modifies or otherwise affects, preempts, or displaces—
(i) any cause of action; or
(ii) a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or
(C) applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.
(Pub. L. 99–198, title XII, § 1244, as added Pub. L. 107–171, title II, § 2004(a), May 13, 2002, 116 Stat. 235; amended Pub. L. 110–234, title II, §§ 2707(a), 2708, May 22, 2008, 122 Stat. 1077, 1079; Pub. L. 110–246, § 4(a), title II, §§ 2707(a), 2708, June 18, 2008, 122 Stat. 1664, 1805, 1807; Pub. L. 113–79, title II, §§ 2301(b), 2606, Feb. 7, 2014, 128 Stat. 743, 760; Pub. L. 115–141, div. A, title VII, § 766, Mar. 23, 2018, 132 Stat. 397; Pub. L. 115–334, title II, §§ 2202(b)(2), 2301(d)(1)(K), (L), 2503, 2821(f), Dec. 20, 2018, 132 Stat. 4538, 4554, 4580, 4603; Pub. L. 117–169, title II, § 21001(c)(6), Aug. 16, 2022, 136 Stat. 2017.)
§ 3845. Environmental services markets
(a) Technical guidelines required
(b) EstablishmentThe Secretary shall establish guidelines under subsection (a) for use in developing the following:
(1) A procedure to measure environmental services benefits.
(2) A protocol to report environmental services benefits.
(3) A registry to collect, record and maintain the benefits measured.
(c) Verification requirements
(1) Verification of reports
(2) Role of third parties
(d) Use of existing information
(e) ConsultationIn carrying out this section, the Secretary shall consult with the following:
(1) Federal and State government agencies.
(2) Nongovernmental interests including—
(A) farm, ranch, and forestry producers;
(B) financial institutions involved in environmental services trading;
(C) institutions of higher education with relevant expertise or experience;
(D) nongovernmental organizations with relevant expertise or experience; and
(E) private sector representatives with relevant expertise or experience.
(3) Other interested persons, as determined by the Secretary.
(Pub. L. 99–198, title XII, § 1245, as added Pub. L. 110–234, title II, § 2709, May 22, 2008, 122 Stat. 1081, and Pub. L. 110–246, § 4(a), title II, § 2709, June 18, 2008, 122 Stat. 1664, 1809.)
§ 3846. Regulations
(a) In general
(b) Rulemaking procedure
The promulgation of regulations and administration of programs under this chapter—
(1) shall be carried out without regard to chapter 35 of title 44 (commonly known as the Paperwork Reduction Act); and
(2) shall be made as an interim rule effective on publication with an opportunity for notice and comment.
(c) Congressional review of agency rulemaking
(Pub. L. 99–198, title XII, § 1246, as added Pub. L. 113–79, title II, § 2608, Feb. 7, 2014, 128 Stat. 761.)
§ 3847. Data on conservation practices
(a) Data on conservation practices
(b) Report
Not later than 1 year after December 20, 2018, 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 that includes—
(1) a summary of the data sets identified under subsection (a);
(2) a summary of the steps the Secretary would have to take to provide access to such data sets by university researchers, including taking into account any technical, privacy, or administrative considerations;
(3) a summary of safeguards the Secretary employs when providing access to data to university researchers;
(4) a summary of appropriate procedures to maximize the potential for research benefits while preventing any violations of privacy or confidentiality; and
(5) recommendations for any necessary authorizations or clarifications of Federal law to allow access to such data sets to maximize the potential for research benefits.
(Pub. L. 99–198, title XII, § 1247, as added Pub. L. 115–334, title XII, § 12618, Dec. 20, 2018, 132 Stat. 5017.)