16 USC 3871 - Regional conservation partnerships

View all text of Subchapter VIII [§ 3871 - § 3871f]

§ 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.)