16 USC 3842 - Delivery of technical assistance

View all text of Subchapter V [§ 3841 - § 3847]

§ 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

(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

(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);

(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

(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.)