Regional ground and surface water enhancement program

Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa–9) is amended to read as follows:

1240I.

Regional ground and surface water enhancement program

(a)

Definitions

In this section: (1)

Regional water enhancement activity

The term regional water enhancement activity means an activity that improves water quality or ground and surface water quantity, including— (A)resource condition assessment and modeling; (B)water quality, water quantity, or water conservation plan development; (C)management system and environmental monitoring and evaluation; (D)the provision of a cost-share for a restoration or enhancement project; (E)the provision of an incentive payment for land management practices; (F)the execution of a conservation contract with a landowner; (G)the improvement of an irrigation system; (H)water banking and other forms of water transactions; (I)groundwater recharge; and (J)other conservation-related activities that the Secretary determines would help to achieve the water quality or water quantity benefits on agricultural land identified in a partnership agreement. (2)

Partnership agreement

The term partnership agreement means an agreement between the Secretary and a partner under subsection (d). (3)

Partner

(A)

In general

The term partner means an entity that enters into a partnership agreement with the Secretary to carry out regional water enhancement activities. (B)

Inclusions

The term includes— (i)an agricultural producer, agricultural or silvicultural producer association, or other group of such producers; (ii)a State or unit of local government; or (iii)a federally recognized Indian tribe. (b)

Establishment of program

(1)

Identification of water quality and water quantity priority areas

The Secretary shall identify areas in which protecting or improving water quality or water quantity, or both, is a priority. (2)

Establishment

The Secretary shall establish a regional water enhancement program in accordance with this section to improve water quality or water quantity on a regional scale to benefit working agricultural land and other land surrounding agricultural land. (3)

Implementation

The Secretary, acting through the Chief of the Natural Resources Conservation Service, shall carry out the program established under paragraph (2). (c)

Selection of partners

(1)

Solicitation of partnership proposals

Not later than 90 days after the date of the enactment of the Regional Ground and Surface Water Enhancement Program Act of 2007, the Secretary shall invite prospective partners to submit competitive grant proposals for regional water enhancement partnerships. (2)

Elements

To be eligible for consideration for participation in the program, a proposal submitted by a partner shall include— (A)identification of the exact geographical area for which the partnership is proposed, which may be based on— (i)a watershed (or portion of a watershed); (ii)an irrigation, water, or drainage district, including a service area; or (iii)any other geographical area with characteristics that make the area suitable for landscape-wide program implementation, as determined by the Secretary; (B)identification of the water quality or water quantity issues that are of concern in the area; (C)a method for determining a baseline assessment of water quality, water quantity, and other resource conditions in the region; (D)a detailed description of the proposed regional water enhancement activities to be undertaken in the area, including an estimated timeline and budget for each activity; (E)a description of the performance measures to be used to gauge the effectiveness of the regional water enhancement activities; (F)a description of other regional water enhancement activities carried out by the Secretary; and (G)a description of regional water enhancement activities carried out by partners through other means. (3)

Selection of proposals

The Secretary shall award grants competitively, based on the following criteria, as determined by the Secretary: (A)The extent to which the proposed project would result in the inclusion of the highest percentage of agricultural land in the area. (B)The extent to which the proposed project would result in the highest percentage of on-the-ground activities as compared to administrative costs. (C)The extent to which the proposed project would provide the greatest contribution to sustaining or enhancing agricultural production in the area or rural economic development. (D)The extent to which the proposed project includes performance measures that would allow post-activity conditions to be satisfactorily measured to gauge overall effectiveness. (E)The extent to which the proposed project would increase water availability for irrigated assisted rain-fed systems to improve land use efficiency, reduce unused applied nitrogen in the soil, and increase pesticide and herbicide application efficiency and energy efficiency. (F)The extent to which the proposed project would store surface water runoff or rechargeable groundwater for use during the agricultural growing season through the construction, improvement, or maintenance of irrigation ponds, including associated water transport infrastructure to and from the ponds. (4)

Priority

The Secretary shall give priority to proposals that, as determined by the Secretary, would facilitate a conservation measure that would result in a net savings in groundwater or surface water in the agricultural operation of a producer. (5)

Requirement

The requirements of the environmental quality incentives program shall apply to regional water enhancement activities carried out under this section, as determined by the Secretary. (6)

Duration

(A)

In general

Subject to subparagraph (B), a grant under this subsection shall be made on a multiyear basis, not to exceed a total of 5 years. (B)

Early termination

The Secretary may terminate a grant earlier than the term determined under subparagraph (A) if the Secretary determines that the performance measures for the grant are not being met. (d)

Partnership agreements

(1)

In general

Not later than 30 days after the date on which a partner receives a grant under subsection (c), the Secretary shall enter into a partnership agreement with the grant recipient. (2)

Requirements

At a minimum, a partnership agreement shall contain— (A)a description of the respective duties and responsibilities of the Secretary and the partner in carrying out regional water enhancement activities; and (B)the criteria that the Secretary will use to measure the overall effectiveness of the regional water enhancement activities funded by the grant in improving the water quality or quantity conditions of the region relative to the performance measures in the grant proposal. (3)

Acceptance of contributions

The Secretary may accept and use contributions of non-Federal funds to carry out the program under this section. (e)

Modification of secretarial authority

To the extent that the Secretary will be carrying out regional water enhancement activities in an area, the Secretary may use the general authorities provided in this subtitle to ensure that all producers and landowners in the region have the opportunity to participate in the regional water enhancement activities. (f)

Relationship with other programs

The Secretary shall ensure that, to the extent producers and landowners are individually participating in other programs under this subtitle in a region in which the regional water enhancement program is in effect, any improvements to water quality or water quantity attributable to the individual participation are included in the evaluation criteria developed under subparagraph (d)(2)(B). (g)

Consistency with State law

Any regional water enhancement activity conducted under this section shall be consistent with State water laws. (h)

Funding

(1)

Availability of funds

In addition to funds made available to carry out this chapter under section 1241(a)(6), of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable, to carry out this section $100,000,000 for each of fiscal years 2008 through 2012, to remain available until expended. (2)

Limitation on administrative expenses

Not more than 3 percent of the funds made available under paragraph (1) for a fiscal year may be used for administrative expenses of the Secretary.