[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1966 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1966

     To amend the Food Security Act of 1985 to modify the regional 
       conservation partnership program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2017

  Ms. Stabenow (for herself and Mrs. Ernst) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
     To amend the Food Security Act of 1985 to modify the regional 
       conservation partnership program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regional Conservation Partnership 
Program Improvement Act of 2017''.

SEC. 2. ESTABLISHMENT AND PURPOSES.

    Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, including 
                grant agreements under section 1271C(d),'' after 
                ``partnership agreements''; and
                    (B) in paragraph (2), by striking ``contracts with 
                producers'' and inserting ``program contracts with 
                eligible producers''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``use covered programs'' 
                and inserting ``carry out conservation activities'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) To further the conservation, protection, restoration, 
        and sustainable use of soil, water (including sources of 
        drinking water), wildlife, agricultural land, and related 
        natural resources on eligible land on a regional or watershed 
        scale.'';
                    (C) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``eligible'' before 
                        ``producers''; and
                            (ii) in subparagraph (B), by striking 
                        ``installation'' and inserting ``adoption, 
                        installation,''; and
                    (D) by adding at the end the following:
            ``(4) To encourage the flexible and streamlined delivery of 
        conservation assistance to eligible producers through 
        partnership agreements.
            ``(5) To encourage alignment of partnership projects with 
        other Federal, State, and local agencies and programs 
        addressing similar natural resource or environmental concerns 
        in a coordinated manner.
            ``(6) To engage eligible producers in conservation projects 
        to achieve greater conservation outcomes and benefits for 
        eligible producers than would otherwise be achieved.
            ``(7) To advance conservation and rural community 
        development goals simultaneously.''.

SEC. 3. DEFINITIONS.

    Section 1271A of the Food Security Act of 1985 (16 U.S.C. 3871a) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``a purpose, activity, or agreement under any 
                of'' after ``means''; and
                    (B) by adding at the end the following:
                    ``(E) The conservation reserve program established 
                under subchapter B of chapter 1 of subtitle D.
                    ``(F) The Watershed Protection and Flood Prevention 
                Act (16 U.S.C. 1001 et seq.), other than section 14 of 
                that Act (16 U.S.C. 1012).'';
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Eligible activity.--The term `eligible activity' 
        means--
                    ``(A) an eligible activity under the statutory 
                authority for a covered program; and
                    ``(B) any other related activity that an eligible 
                partner determines will help achieve conservation 
                benefits, subject to the approval of the Secretary.
            ``(3) Eligible land.--The term `eligible land' means--
                    ``(A) eligible land under the statutory authority 
                for a covered program; and
                    ``(B) any other agricultural or nonindustrial 
                private forest land or associated land on which the 
                Secretary determines an eligible activity would help 
                achieve conservation benefits.'';
            (3) in paragraph (4), by adding at the end the following:
                    ``(I) An organization described in clause (i), 
                (ii), or (iii) of section 1265A(2)(B).'';
            (4) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively;
            (5) by inserting after paragraph (4) the following:
            ``(5) Eligible producer.--The term `eligible producer' 
        means a person, legal entity, or Indian tribe that is an owner 
        or operator on eligible land.''; and
            (6) by adding at the end the following:
            ``(8) Program contract.--The term `program contract' means 
        the contract established by the Secretary under section 
        1271C(b)(1).''.

SEC. 4. REGIONAL CONSERVATION PARTNERSHIPS.

    (a) In General.--Section 1271B of the Food Security Act of 1985 (16 
U.S.C. 3871b) is amended--
            (1) in subsection (a), by inserting ``eligible'' before 
        ``producers'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Maximum Length.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        term of a partnership agreement shall not be longer than 5 
        years.
            ``(2) Exceptions.--
                    ``(A) Concurrent program deadline.--Subject to 
                approval by the Secretary, the term of a partnership 
                agreement may be longer than 5 years if the longer 
                period is concurrent with a deadline established under 
                a State or Federal program that relates specifically to 
                the project.
                    ``(B) Special circumstances.--In the case of 
                special circumstances outside the control of an 
                eligible partner (as determined by the Secretary) that 
                have created a delay in the implementation of a project 
                of the eligible partner, the eligible partner may 
                request an extension of the term of the partnership 
                agreement.'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by redesignating clauses (iii) 
                                and (iv) as clauses (iv) and (v), 
                                respectively; and
                                    (II) by striking clauses (i) and 
                                (ii) and inserting the following:
                            ``(i) one or more natural resource concerns 
                        that the project shall address;
                            ``(ii) the eligible activities on eligible 
                        land to be conducted under the project to 
                        address the natural resource concerns; and
                            ``(iii) the implementation timeline for 
                        carrying out the project, including any interim 
                        milestones;'';
                            (ii) in subparagraph (B), by inserting 
                        ``eligible'' before ``producers'';
                            (iii) in subparagraph (C), by striking ``a 
                        producer'' each place it appears and inserting 
                        ``an eligible producer'';
                            (iv) in subparagraph (D), by inserting ``or 
                        in-kind contributions'' after ``additional 
                        funds''; and
                            (v) in subparagraph (E), by striking ``of 
                        the project's effects; and'' and inserting the 
                        following: ``of--
                            ``(i) the progress made by the project in 
                        addressing each natural resource concern 
                        defined in the partnership agreement, including 
                        in a quantified form; and
                            ``(ii) as appropriate, other environmental, 
                        economic, or social outcomes of the project; 
                        and''; and
                    (B) in paragraph (2)--
                            (i) by striking ``An eligible'' and 
                        inserting the following:
                    ``(A) In general.--An eligible''; and
                            (ii) by adding at the end the following:
                    ``(B) Form.--A 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.
                    ``(C) Treatment.--Any amounts expended during the 
                period beginning on the date on which the Secretary 
                announces the approval of an application under 
                subsection (e) and ending on the day before the 
                effective date of the partnership agreement by an 
                eligible partner for staff salaries or development of 
                the partnership agreement shall be considered to be a 
                part of the contribution of the eligible partner under 
                this paragraph.'';
            (4) by redesignating subsection (d) as subsection (e);
            (5) by inserting after subsection (c) the following:
    ``(d) Duties of Secretary.--The Secretary shall--
            ``(1) establish a timeline for carrying out the duties of 
        the Secretary under a partnership agreement, including--
                    ``(A) entering into contracts with eligible 
                producers;
                    ``(B) providing financial assistance to eligible 
                producers; and
                    ``(C) in the case of a partnership agreement that 
                is a grant agreement under section 1271C(d), providing 
                the grant amounts to the eligible partner;
            ``(2) establish in each State a program coordinator for the 
        State, who shall be responsible solely for providing assistance 
        to eligible partners and eligible producers under the program;
            ``(3) establish guidance to assist eligible partners with 
        carrying out the assessment required under subsection 
        (c)(1)(E); and
            ``(4) provide to each eligible partner that has entered 
        into a partnership agreement--
                    ``(A) a quarterly 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 1271D(f).''; and
            (6) in subsection (e) (as redesignated by paragraph (4))--
                    (A) in paragraph (3)--
                            (i) by striking the paragraph designation 
                        and heading and all that follows through 
                        ``description of--'' and inserting the 
                        following:
            ``(3) Contents.--The Secretary shall develop a simplified 
        application process that requires each application submitted 
        under this subsection to include a description of--'';
                            (ii) in subparagraph (C), by striking ``, 
                        including the covered programs to be used''; 
                        and
                            (iii) in subparagraph (D), by inserting 
                        ``or in-kind'' after ``financial'';
                    (B) in paragraph (4)--
                            (i) in subparagraphs (A) and (B), by 
                        inserting ``eligible'' before ``producers'' 
                        each place it appears;
                            (ii) by redesignating subparagraphs (E) and 
                        (F) as subparagraphs (F) and (G), respectively; 
                        and
                            (iii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) develop and implement watershed or habitat 
                plans to address one or more natural resource 
                concerns;''; and
                    (C) by adding at the end the following:
            ``(5) Funding renewals.--If an eligible partner 
        demonstrates to the satisfaction of the Secretary that the 
        eligible partner has made progress in addressing one or more 
        natural resource concerns defined in the partnership agreement, 
        not earlier than 1 year before the date of expiration of the 
        partnership agreement, the eligible partner may request from 
        the Secretary a renewal of the partnership agreement, including 
        a renewal of funding, through an expedited approval process--
                    ``(A) to continue to implement the partnership 
                agreement;
                    ``(B) to expand the scope of the partnership 
                agreement;
                    ``(C) to enroll additional eligible producers; or
                    ``(D) to carry out other conservation activities 
                relating to the project, including the assessment of 
                the project under subsection (c)(1)(E), as mutually 
                agreed by the Secretary and the eligible partner.''.
    (b) Conforming Amendment.--Section 1271E(a) of the Food Security 
Act of 1985 (16 U.S.C. 3871e(a)) is amended by striking ``1271B(d)'' 
each place it appears and inserting ``1271B(e)''.

SEC. 5. ASSISTANCE TO ELIGIBLE PRODUCERS.

    (a) In General.--Section 1271C of the Food Security Act of 1985 (16 
U.S.C. 3871c) is amended--
            (1) in the section heading, by inserting ``eligible'' 
        before ``producers'';
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) In General.--An eligible producer may receive financial or 
technical assistance to conduct eligible activities on eligible land 
through a program contract entered into with the Secretary.
    ``(b) Program Contracts.--
            ``(1) In general.--The Secretary shall establish a program 
        contract to be entered into with an eligible producer to 
        conduct eligible activities on eligible land, subject to such 
        terms and conditions as the Secretary may establish.
            ``(2) Application bundles.--
                    ``(A) In general.--An eligible partner may submit 
                to the Secretary, on behalf of eligible producers, a 
                bundle of applications for assistance under the program 
                through program contracts to address a substantial 
                portion of a natural resource concern defined in the 
                partnership agreement.
                    ``(B) Priority.--The Secretary shall give priority 
                to applications described in subparagraph (A).'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``In accordance 
                with statutory requirements of the covered programs 
                involved, the Secretary may make payments to a 
                producer'' and inserting ``Subject to section 1271D, 
                the Secretary may make payments to an eligible 
                producer'';
                    (B) in paragraph (2), by inserting ``eligible'' 
                before ``producers'' each place it appears; and
                    (C) in paragraph (3), by striking ``participating'' 
                and inserting ``eligible''; and
            (4) by adding at the end the following:
    ``(d) Funding Arrangements Through Grant Agreements.--
            ``(1) In general.--A partnership agreement may be a grant 
        agreement entered into with an eligible partner in accordance 
        with this subsection.
            ``(2) Requirements.--Under a grant agreement under 
        paragraph (1)--
                    ``(A) using amounts made available to carry out 
                this subtitle, the Secretary shall provide to the 
                eligible partner a grant;
                    ``(B) the eligible partner shall carry out eligible 
                activities on eligible land (including by contracting 
                with one or more producers, if the eligible partner 
                determines the contracting to be appropriate), on the 
                condition that the eligible activities directly or 
                indirectly benefit agricultural producers (including 
                forestry producers), to address natural resource 
                concerns on a regional or watershed scale; such as--
                            ``(i) infrastructure investments relating 
                        to agricultural or nonindustrial private forest 
                        production that would benefit multiple 
                        producers, such as a multiproducer irrigation 
                        water delivery system;
                            ``(ii) projects addressing water quality or 
                        quantity concerns in coordination with 
                        producers, including the development and 
                        implementation of watershed 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 eligible producers; 
                                and
                                    ``(II) support for an environmental 
                                market;
                            ``(iv) projects that facilitate pilot 
                        testing of new conservation practices, 
                        technologies, or activities;
                            ``(v) projects that promote the long-term 
                        viability and sustainability of agricultural 
                        land through innovative agricultural land 
                        protection strategies and mechanisms, including 
                        projects that support the transfer of land to 
                        beginning farmers and ranchers, veteran farmers 
                        and ranchers (as determined by the Secretary), 
                        socially disadvantaged farmers and ranchers, 
                        and limited resource farmers and ranchers (as 
                        determined by the Secretary); and
                            ``(vi) other projects for which the 
                        Secretary determines that the goals and 
                        objectives of the program would be easier to 
                        achieve through the grant agreement; and
                    ``(C) the Secretary may provide technical and 
                administrative assistance, as mutually agreed by the 
                parties.
            ``(3) Nonapplicability of adjusted gross income 
        limitation.--The adjusted gross income limitation described in 
        section 1001D(b)(1) shall not apply to the receipt by an 
        eligible partner of a grant under this subsection.
            ``(4) Limitation.--The Secretary may not use more than 30 
        percent of funding made available to carry out the program for 
        grant agreements.
            ``(5) Reports.--An eligible partner that enters into a 
        grant agreement under this subsection shall submit to the 
        Secretary--
                    ``(A) any information that the Secretary requires 
                to prepare the report under section 1271E(b); and
                    ``(B) an annual report that describes the status of 
                the project carried out by the eligible partner, 
                including a description of--
                            ``(i) the use of the grant funds;
                            ``(ii) any subcontracts awarded using grant 
                        funds;
                            ``(iii) the eligible producers receiving 
                        funding using the grant funds;
                            ``(iv)(I) the progress made by the project 
                        in addressing each natural resource concern 
                        defined in the grant agreement, including in a 
                        quantified form; and
                            ``(II) as appropriate, other environmental, 
                        economic, or social outcomes of the project; 
                        and
                            ``(v) any other reporting data the 
                        Secretary determines are necessary to ensure 
                        compliance with the program rules.''.
    (b) Conforming Amendment.--Section 1271E(b)(4) of the Food Security 
Act of 1985 (16 U.S.C. 3871e(b)(4)) is amended in the matter preceding 
subparagraph (A) by striking ``1271C(b)(2)'' and inserting 
``1271C(d)''.

SEC. 6. FUNDING.

    (a) In General.--Section 1271D of the Food Security Act of 1985 (16 
U.S.C. 3871d) is amended--
            (1) in subsection (a), by striking ``for each of fiscal 
        years 2014 through 2018'' and inserting ``for each fiscal 
        year'';
            (2) in subsection (c), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--To ensure that additional resources are 
        available to carry out the program, in addition to the funds 
        made available under subsection (a), for each fiscal year the 
        Secretary shall reserve 20 percent of the funds and acres made 
        available for the following programs:
                    ``(A) The conservation stewardship program 
                established under subchapter B of chapter 2 of subtitle 
                D.
                    ``(B) The environmental quality incentives program 
                established under chapter 4 of subtitle D.
                    ``(C) The agricultural conservation easement 
                program established under subtitle H.
            ``(2) Duration of availability.--Any funds or acres 
        reserved under paragraph (1) shall remain available for 
        obligation only for the purposes of carrying out the program 
        until expended.
            ``(3) Distribution of funds.--To the maximum extent 
        practicable, of projects receiving funds or acres reserved 
        under paragraph (1) from a program described in subparagraph 
        (A), (B), or (C) of that paragraph, the percentage of projects 
        that shall have purposes similar to the purposes of the 
        applicable program from which funds or acres were reserved 
        shall be approximately equal to the percentage of funds or 
        acres reserved from the applicable program.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``25 percent of 
                the funds and acres to projects based on a State 
                competitive process administered by the State 
                Conservationist, with the advice of the State technical 
                committee'' and inserting the following: ``40 percent 
                of the funds and acres to projects based on a State or 
                multistate competitive process administered, as 
                applicable, by the State Conservationist or jointly by 
                the State Conservationists of each State participating 
                in the multistate process, with the advice of the 
                applicable State technical committees'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraph (3) as paragraph 
                (2); and
                    (D) in paragraph (2) (as so redesignated), by 
                striking ``35 percent'' and inserting ``60 percent'';
            (4) in subsection (e)--
                    (A) by striking ``None of the funds'' and inserting 
                the following:
            ``(1) In general.--Except as provided in paragraph (2), 
        none of the funds''; and
                    (B) by adding at the end the following:
            ``(2) Project development and outreach.--Under a 
        partnership agreement, the Secretary may advance reasonable 
        amounts of funding for technical assistance to eligible 
        partners to conduct project development and outreach activities 
        in a project area (including activities conducted during the 
        period beginning on the date on which the Secretary announces 
        the approval of an application under section 1271B(e) and 
        ending on the day before the effective date of the partnership 
        agreement), including--
                    ``(A) providing outreach and education to eligible 
                producers for potential participation in the project;
                    ``(B) developing a watershed or habitat plan;
                    ``(C) establishing baseline metrics to support the 
                development of the assessment required under section 
                1271B(c)(1)(E); or
                    ``(D) providing technical assistance to eligible 
                producers.''; and
            (5) by adding at the end the following:
    ``(f) Technical Assistance.--
            ``(1) In general.--At the time of project selection, the 
        Secretary shall identify and make publically available the 
        amount that the Secretary shall use to provide technical 
        assistance under the terms of the partnership agreement.
            ``(2) Limitation.--The Secretary shall limit costs of the 
        Secretary for technical assistance to costs specific and 
        necessary to carry out the objectives of the partnership 
        agreement.
            ``(3) Third-party providers.--The Secretary shall develop 
        and implement strategies to encourage third-party technical 
        service providers to provide technical assistance to eligible 
        partners pursuant to a partnership agreement.''.
    (b) Conforming Amendment.--Section 1271F(a) of the Food Security 
Act of 1985 (16 U.S.C. 3871f(a)) is amended by striking ``1271D(d)(3)'' 
and inserting ``1271D(d)(2)''.

SEC. 7. ADMINISTRATION.

    Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) 
(as amended by section 5(b)) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``December 31, 2014'' and inserting ``December 
                31, 2018'';
                    (B) in paragraphs (1) and (2), by inserting 
                ``eligible'' before ``producers'' each place it 
                appears;
                    (C) by redesignating paragraphs (1) through (4) as 
                paragraphs (2) through (5), respectively; and
                    (D) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) a summary of--
                    ``(A) the progress made towards addressing the one 
                or more natural resource concerns defined for the 
                projects; and
                    ``(B) any other related environmental, social, or 
                economic outcomes of the projects;''; and
            (2) by adding at the end the following:
    ``(c) Compliance With Certain Requirements.--The Secretary may not 
provide assistance under the program to an eligible producer unless the 
eligible producer agrees, during the program year for which the 
assistance is provided--
            ``(1) to comply with applicable conservation requirements 
        under subtitle B; and
            ``(2) to comply with applicable wetland protection 
        requirements under subtitle C.
    ``(d) Maintaining Benefits.--
            ``(1) Conservation.--For any conservation practice standard 
        developed or modified by an eligible partner, the Secretary 
        shall ensure that the new or modified conservation practice 
        standard--
                    ``(A) is based on the best available science;
                    ``(B) is implemented after consultation with the 
                State conservationist (or a designee) to assess the 
                anticipated effectiveness of the new or modified 
                conservation practice; and
                    ``(C) produces conservation benefits.
            ``(2) Eligible activities.--The Secretary shall ensure that 
        any eligible activity maintains conservation benefits in 
        accordance with purposes of the covered program.
            ``(3) Historically underserved producers.--To the maximum 
        extent practicable, in carrying out the program, the Secretary 
        shall work with eligible partners to maintain eligible benefits 
        available through the covered programs for historically 
        underserved eligible producers, as determined by the Secretary.
    ``(e) Regulations.--The Secretary shall issue regulations to carry 
out the program.''.

SEC. 8. CRITICAL CONSERVATION AREAS.

    Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is 
amended--
            (1) in subsection (a), by striking ``producer'' and 
        inserting ``program'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(E), by inserting ``eligible'' 
                before ``producers''; and
                    (B) in paragraph (2), by striking the paragraph 
                designation and heading and all that follows through 
                ``an area if'' and inserting the following:
            ``(2) Review and withdrawal.--The Secretary may--
                    ``(A) review designations of critical conservation 
                areas under this section not more than once every 5 
                years; and
                    ``(B) withdraw designation of a critical 
                conservation area only if'';
            (3) by redesignating subsection (c) as subsection (d);
            (4) by inserting after subsection (b) the following:
    ``(c) Outreach to Eligible Partners and Eligible Producers.--The 
Secretary shall provide outreach and education to eligible partners and 
eligible producers in critical conservation areas designated under this 
section to encourage the development of projects that address the 
highest-priority natural resource concerns in the highest-priority 
watersheds or regions within those critical conservation areas, as 
determined by the Secretary.''; and
            (5) in subsection (d) (as so redesignated)--
                    (A) in paragraph (1), by striking ``producer'' and 
                inserting ``program''; and
                    (B) by striking paragraph (3).
                                 <all>