[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2139 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2139

To amend the Food Security Act of 1985 to address critical conservation 
conditions under the regional conservation partnership program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2017

  Mr. Van Hollen (for himself, Mr. Kaine, Mrs. Capito, Mr. Casey, Mr. 
   Manchin, Mr. Cardin, Mr. Warner, Mr. Carper, Mr. Coons, and Mrs. 
  Gillibrand) 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 address critical conservation 
conditions under 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 ``Chesapeake Bay Farm Bill 
Enhancements Act of 2017''.

SEC. 2. PURPOSES.

    Section 1271(b) of the Food Security Act of 1985 (16 U.S.C. 
3871(b)) is amended by adding at the end the following:
            ``(4) To encourage alignment of partnership projects with 
        other Federal, State, and local agencies and programs 
        addressing similar natural resource concerns in a coordinated 
        manner.''.

SEC. 3. DEFINITIONS.

    Section 1271A(1) of the Food Security Act of 1985 (16 U.S.C. 
3871a(1)) is amended 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).''.

SEC. 4. REGIONAL CONSERVATION PARTNERSHIPS.

    Section 1271B of the Food Security Act of 1985 (16 U.S.C. 3871b) is 
amended--
            (1) 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) 1-time extension.--The Secretary may extend a 
                partnership agreement 1 time for a period that is not 
                longer than 12 months if the Secretary determines that 
                the extension is necessary to meet the objectives of 
                the program.'';
            (2) in subsection (c)(2)--
                    (A) by striking ``An eligible'' and inserting the 
                following:
                    ``(A) In general.--An eligible''; and
                    (B) 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 before the 
                effective date of a partnership agreement under this 
                section 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.''; and
            (3) in subsection (d), 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 by not later than the date that is 1 
        fiscal year before the date on which the partnership agreement 
        expires, the eligible partner may submit to the Secretary an 
        application for a renewal of the partnership agreement, 
        including a renewal of funding, through an expedited 
        application 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 monitoring and 
                reporting on outcomes, as mutually agreed by the 
                Secretary and the eligible partner.
            ``(6) Review.--To the extent practicable, after receipt of 
        an application under this subsection, the Secretary shall 
        provide to each applicant information and feedback (including 
        written information and feedback, as the Secretary determines 
        to be appropriate) throughout the annual program application 
        process for any improvements that could be made to the 
        application.''.

SEC. 5. FUNDING ARRANGEMENTS THROUGH GRANT AGREEMENTS.

    Section 1271C(b) of the Food Security Act of 1985 (16 U.S.C. 
3871c(b)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Funding arrangements through grant agreements.--
                    ``(A) In general.--A partnership agreement may be a 
                grant agreement entered into with an eligible partner 
                in accordance with this paragraph.
                    ``(B) Requirements.--Under a grant agreement under 
                subparagraph (A)--
                            ``(i) using amounts made available to carry 
                        out this subtitle, the Secretary shall provide 
                        to the eligible partner a grant;
                            ``(ii) 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--
                                            ``(aa) the provision of 
                                        performance-based payments to 
                                        producers; and
                                            ``(bb) 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, 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
                            ``(iii) the Secretary may provide technical 
                        and administrative assistance, as mutually 
                        agreed by the parties.
                    ``(C) 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 
                paragraph.
                    ``(D) Limitation.--The Secretary may not use more 
                than 30 percent of funding made available to carry out 
                the program for grant agreements.
                    ``(E) Reports.--An eligible partner that enters 
                into a grant agreement under this paragraph shall 
                submit to the Secretary--
                            ``(i) any information that the Secretary 
                        requires to prepare the report under section 
                        1271E(b); and
                            ``(ii) 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 producers receiving 
                                funding using the grant funds;
                                    ``(IV)(aa) the progress made by the 
                                project in addressing any natural 
                                resource concerns, including in a 
                                quantified form; and
                                    ``(bb) 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.''.

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)--
                    (A) by striking ``$100,000,000'' and inserting 
                ``$300,000,000''; and
                    (B) by striking ``for each of fiscal years 2014 
                through 2018'' and inserting ``for each fiscal year'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``for each of 
                fiscal years 2014 through 2018'' and inserting ``for 
                each fiscal year''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(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 covered program, the percentage of 
        projects that shall have purposes similar to the purposes of 
        the applicable covered program from which funds or acres were 
        reserved shall be approximately equal to the percentage of 
        funds or acres reserved from the applicable covered 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 before the 
        effective date of the partnership agreement), including--
                    ``(A) providing outreach and education to producers 
                for potential participation in the project;
                    ``(B) the development of a watershed or habitat 
                plan; and
                    ``(C) establishing baseline metrics to support the 
                development of the assessment required under section 
                1271B(c)(1)(E).''; 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. CRITICAL CONSERVATION AREAS.

    Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is 
amended--
            (1) by redesignating subsections (a) (as amended by section 
        6(b)), (b), and (c) as subsections (b), (c), and (d), 
        respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definitions.--In this section:
            ``(1) Critical conservation area.--The term `critical 
        conservation area' means a geographical area that contains a 
        critical conservation condition that can be addressed through 
        one or more covered programs.
            ``(2) Critical conservation condition.--The term `critical 
        conservation condition' means--
                    ``(A) a condition of land that would benefit from 
                water quality improvement, including through reducing 
                erosion, promoting sediment control, and addressing 
                nutrient management activities affecting large bodies 
                of water of regional, national, or international 
                significance; and
                    ``(B) a condition of land that would benefit from 
                water quantity improvement, including improvement 
                relating to--
                            ``(i) groundwater, surface water, aquifer, 
                        or other water sources; or
                            ``(ii) water retention and flood 
                        prevention.'';
            (3) in subsection (b) (as so redesignated), by inserting 
        ``that address each critical conservation condition for which 
        the critical conservation area is designated'' before the 
        period at the end;
            (4) in subsection (c) (as so redesignated)--
                    (A) by redesignating paragraphs (1) through (3) as 
                paragraphs (2) through (4), respectively;
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) In general.--In designating a critical conservation 
        area under this section, the Secretary shall identify one or 
        more critical conservation conditions that the critical 
        conservation area contains, including--
                    ``(A) the geographical area of land that contains 
                the critical conservation condition; and
                    ``(B) conservation goals and outcomes sufficient to 
                demonstrate that progress is being made to address the 
                critical conservation conditions.'';
                    (C) in paragraph (2) (as so redesignated)--
                            (i) by striking subparagraphs (C) and (D) 
                        and inserting the following:
                    ``(C) contains a critical conservation condition; 
                or''; and
                            (ii) by redesignating subparagraph (E) as 
                        subparagraph (D); and
                    (D) by striking paragraph (3) (as so redesignated) 
                and inserting the following:
            ``(3) 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 the Secretary determines that 
                the area is no longer a critical conservation area.'';
            (5) in subsection (d) (as so redesignated)--
                    (A) by redesignating paragraph (3) as paragraph 
                (4);
                    (B) by inserting after paragraph (2) the following:
            ``(3) Priority.--The Secretary shall give priority to an 
        application under this section that addresses a critical 
        conservation condition by--
                    ``(A)(i) including a diversity of stakeholders in 
                the project;
                    ``(ii) building new partnerships at the local, 
                State, and corporate levels;
                    ``(iii) leveraging non-Federal financial and 
                technical resources; and
                    ``(iv) coordinating with other local, State, or 
                national efforts;
                    ``(B) delivering a high percentage of environmental 
                benefits to address the conservation goals and outcomes 
                that shall be achieved for the Secretary to determine 
                that the land is no longer a critical conservation 
                area;
                    ``(C) providing innovative conservation methods and 
                delivery, including outcome-based performance measures 
                and methods; or
                    ``(D) implementing the project consistent with 
                multi-State watershed restoration plans.''; and
                    (C) in paragraph (4) (as so redesignated), by 
                striking ``area described in subsection (b)(1)(D)'' and 
                inserting ``condition described in subsection 
                (a)(2)(B)''; and
            (6) by adding at the end the following:
    ``(e) Reports.--Not later than December 31, 2018, and each year 
thereafter, 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 describing the status of 
each critical conservation condition for each critical conservation 
area designated under this section, including--
            ``(1) the conditions for which each critical conservation 
        area is designated;
            ``(2) conservation goals and outcomes sufficient to 
        demonstrate that progress is being made to address the critical 
        conservation conditions;
            ``(3) the partnership agreements selected to address each 
        conservation goal and outcome; and
            ``(4) the extent to which each conservation goal and 
        outcome is being addressed by the partnership agreements.''.
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