[House Report 117-344]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-344
======================================================================
PRODUCING RESPONSIBLE ENERGY AND CONSERVATION INCENTIVES AND SOLUTIONS
FOR THE ENVIRONMENT ACT
_______
June 3, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. David Scott of Georgia, from the Committee on Agriculture,
submitted the following
R E P O R T
[To accompany H.R. 2518]
The Committee on Agriculture, to whom was referred the bill
(H.R. 2518) to leverage incentives for the adoption of costly
precision agriculture technology, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Brief Explanation
This legislation, as reported out of Committee, allows for
the adoption of precision agriculture practices and the
acquisition of precision agriculture technology to be
activities included in the Conservation Loan and Guaranteed
Loan Program. The bill also expands loan eligibility to rural
entities for precision agriculture and rural broadband. This
bill also adds the adoption of precision agriculture as an EQIP
practice and as an additional payment authority of the
Conservation Stewardship Program.
Purpose and Need for Legislation
The House Agriculture Committee understands that science,
technology, and innovation are important for the long-term
success and sustainability of modern agriculture, family farms,
and rural America. Precision agriculture and countless other
innovations across the industry have resulted in American
farmers becoming more efficient producers of food and fiber.
Among other benefits, precision agriculture helps determine the
best fertilizer for current soil conditions and where exactly
on the field it needs to be applied. This allows farmers to
know the precise amount required, thus, saving money and
lowering emissions. In addition, improved fertilizer, soil, and
water use can significantly improve water quality with less
runoff.
The expansion of affordable precision agriculture
technologies and applications could substantially increase crop
yields, improve distribution, and reduce inputs costs, while
also reducing emissions and preventing soil degradation.
However, many of these technologies remain cost prohibitive for
the average farmer. To help make this technology more feasible
and accessible to farmers, the Committee reported bill
leverages incentives for the adoption of costly precision
agriculture technology by increasing cost-share and practice
payments under the Environmental Quality Incentives Program
(EQIP) and the Conservation Stewardship Program (CSP).
Under the Committee reported bill, this cost-share and
payments would cover the purchase of precision agriculture
equipment and systems; incentivize private sector financing of
precision agriculture equipment through the Conservation Loan
Guarantee Program and the Business and Industry Loan Guarantee
Program; and fund 100% of precision agriculture projects
through joint participation of conservation cost-share programs
and the Conservation Loan Program.
H.R. 2518, Producing Responsible Energy and Conservation Incentives and
Solutions for the Environment Act
SECTION-BY-SECTION
Section 1. Short title
Section 1 provides the short title of the bill as the
``Producing Responsible Energy and Conservation Incentives and
Solutions for the Environment Act,'' or the ``PRECISE Act.''
Section 2. Conservation Loan and Loan Guarantee Program
Subsection (1) amends section 304 subsection (b)(3) of the
Consolidated Farm and Rural Development Act to add precision
agriculture practices and the acquisition of precision
agriculture technology to the list of conservations plans
allowed under the conservation loan and loan guarantee program.
Subsection (2) amends subsection (d) of the Consolidated
Farm and Rural Development Act to include producers who use the
loans to adopt precision agriculture practices or acquire
precision agriculture technology to the list of eligible
applicants.
Subsection (3) grants the Secretary the authority to
guarantee up to 90 percent of the principal amount of the loan
for socially disadvantaged farmers or ranchers, beginning
farmers or ranchers, or loans that are used for the purchase of
precision agriculture technology.
Subsection (4) amends subsection (f) of section 304 of the
Consolidated Farm and Rural Development Act to require that the
Secretary ensure there is coordination between FSA and NRCS to
make and guarantee loans under the program.
Section 3. Assistance to rural entities
This section amends section 310B(a)(2) of the Consolidated
Farm and Rural Development Act to allow the Secretary to make
and insure loans to rural entities for the purpose of expanding
precision agriculture practices, which includes financing
equipment and farm-wide broadband connectivity, to promote
best-practices, reduce costs, and improve the environment.
Section 4. Environmental Quality Incentives Program
Subsection (a) amends the definitions section of the Food
Security Act of 1985 to include the adoption of precision
agriculture practices and the acquisition of precision
agriculture technology as an eligible conservation activity
under the program.
Subsection (b) amends section 1240B(d)(6) of the Food
Security Act of 1985 to allow producers receiving payments for
practices on eligible land under EQIP to also receive a loan or
loan guarantee under section 304 of the Consolidated Farm and
Rural Development Act to cover costs for the same practices on
the same land. This subsection also amends section 1240B(d)(6)
of the Food Security Act of 1985 and requires the Secretary to
inform EQIP participants in writing of the availability of a
loan or loan guarantee under section 304 of the Consolidated
Farm and Rural Development Act. This subsection provides that
the Secretary may increase the amount for a practice up to 90
percent of the cost associated with the adoption of precision
agriculture practices and acquiring precision agriculture
technology.
Subsection (c) includes adoption of precision agriculture
and acquisition of precision agriculture technology in
Conservation Incentive Contracts.
Section 5. Conservation Stewardship Program
Subsection (a) amends section 1240L(c)(3) of the Food
Security Act of 1985 by excluding payment under the
Conservation Stewardship Program for a producer who did not
incur payment or forgo income for conservation activities.
Subsection (b) amends the Food Security Act of 1985 to
include precision agriculture in the additional payments of the
Conservation Stewardship Program.
Section 6. Delivery of Technical Assistance
This section requires the Secretary to emphasize the use of
third parties in providing technical assistance for soil health
planning, including planning related to the use of cover crops,
precision conservation management, comprehensive nutrient
management planning, and other innovative plans.
Committee Consideration
I. SUBCOMMITTEE
On May 12, 2021, the Subcommittee on Conservation and
Forestry held a hearing entitled Title II Conservation
Programs: Exploring Climate-Smart Practices where the following
witnesses testified on conservation and precision agriculture
strategies as they relate to climate and agriculture:
Charles Isbell, Jr, Farmer and Co-Owner,
Keenbell Farm, Rockville, VA
Kimberly Ratcliff, Owner, Caney Creek Ranch,
Oakwood, TX
Dr. Keith Paustian, Distinguished Professor,
Dept. of Soil and Crop Science, Colorado State
University; Senior Research Scientist, Natural Resource
Ecology Laboratory, CSU
Jamie Johansson, President, California Farm
Bureau, Sacramento, CA
This hearing examined how Title II programs enacted through
the farm bill encourage conservation measures like planting
cover crops, reduced- to no-till management and improved
grazing practices contribute to mitigating climate change and
allow for more efficient farm production. Studies have shown
that these practices have helped farmers produce a greater
annual crop yield and improve the health of surrounding soils
and adjacent watersheds. Precision agriculture has the
potential to further improve agricultural relationships to
long-term soil health. Proven precision methods have shown to
reduce over-fertilization and runoff. An example of precision
agriculture as discussed in the hearing is variable rate
technology, allowing for farmers to specify what sort of
nutrients and pesticides to use on different plots of the same
field. New precision technology in conjunction with outlined
agricultural conservation practices can rapidly improve our
agricultural landscape and help farmers' bottom line.
II. FULL COMMITTEE
On May 17, 2022, the Committee on Agriculture met pursuant
to notice, with a quorum present to consider H.R. 2518,
Producing Responsible Energy and Conservation Incentives and
Solutions for the Environment. Chairman Scott made an opening
statement as did Ranking Member Thompson. Chairman Scott
requested other Members submit their opening statements for the
record. Without objection, H.R. 2518 was placed before the
Committee for consideration, a first reading of the bill was
waived.
Discussion occurred. Chairman Scott made a motion for
unanimous consent to discharge H.R. 2518 from the Subcommittee
on Commodity Exchanges, Energy, and Credit. The motion was
adopted without objection. Chairman Scott made a motion for
unanimous consent to adopt and favorably report H.R. 2518 to
the House. The motion for unanimous consent was adopted without
objection.
The Committee recessed until May 18, 2022. At the
conclusion of the meeting, Chairman Scott advised Members that
pursuant to the Rules of the House of Representatives, Members
had until May 20, 2022, at 12:00 p.m. to file any supplemental,
additional, dissenting, or minority views with the Committee.
Without objection, staff was given permission to make any
necessary technical, clarifying, or conforming changes to
reflect the intent of the Committee. Chairman Scott thanked all
Members and adjourned the meeting.
Committee Votes
In compliance with clause 3(b) of rule XIII of the House of
Representatives, H.R. 2518 was reported by unanimous consent
with a majority quorum present.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
Cost of Legislation and the Congressional Budget Act
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee
adopts as its own cost estimate the forthcoming cost estimate
of the Director of the Congressional Budget Office, should such
cost estimate be made available before House passage of the
bill.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. Congressional Budget Office staff
has informed the Committee on a preliminary, informal,
nonbinding basis that there does not appear to be any revenue
effects or direct spending associated with the bill.
Constitutional Authority Statement
The Committee finds the Constitutional authority for this
legislation in Article I, section 8, clause 3, that grants
Congress the authority to regulate foreign and interstate
commerce. The Committee further finds the Constitutional
authority for this legislation in Article I, section 8, clause
1, that grants Congress the power to provide for the general
welfare of the United States.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the House of
Representatives, the performance goals and objectives of this
measure are to incentivize the adoption of precision
agriculture by including such activities in existing programs.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Earmark Statement
This measure does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI of the House of
Representatives.
Duplication of Federal Programs
This measure does not establish or reauthorize a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rule Makings
The Committee does not believe that the legislation directs
an Executive Branch official to conduct any specific rule
making proceedings within the meaning of 5 U.S.C. 551.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
* * * * * * *
TITLE III--AGRICULTURAL CREDIT
* * * * * * *
Subtitle A--Real Estate Loans
* * * * * * *
SEC. 304. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
(a) In General.--The Secretary may make or guarantee
qualified conservation loans to eligible borrowers under this
section.
(b) Definitions.--In this section:
(1) Qualified conservation loan.--The term
``qualified conservation loan'' means a loan, the
proceeds of which are used to cover the costs to the
borrower of carrying out a qualified conservation
project.
(2) Qualified conservation project.--The term
``qualified conservation project'' means conservation
measures that address provisions of a conservation plan
of the eligible borrower.
(3) Conservation plan.--The term ``conservation
plan'' means a plan, approved by the Secretary, that,
for a farming or ranching operation, identifies the
conservation activities that will be addressed with
loan funds provided under this section, including--
(A) the installation of conservation
structures to address soil, water, and related
resources;
(B) the establishment of forest cover for
sustained yield timber management, erosion
control, or shelter belt purposes;
(C) the installation of water conservation
measures;
(D) the installation of waste management
systems;
(E) the establishment or improvement of
permanent pasture;
(F) the adoption of precision agriculture
practices, and the acquisition of precision
agriculture technology;
[(F)] (G) compliance with section 1212 of the
Food Security Act of 1985; and
[(G)] (H) other purposes consistent with the
plan, including the adoption of any other
emerging or existing conservation practices,
techniques, or technologies approved by the
Secretary.
(c) Eligibility.--
(1) In general.--The Secretary may make or guarantee
loans to farmers or ranchers in the United States, farm
cooperatives, private domestic corporations,
partnerships, joint operations, trusts, limited
liability companies, or such other legal entities as
the Secretary considers appropriate that are controlled
by farmers or ranchers and engaged primarily and
directly in agricultural production in the United
States.
(2) Requirements.--To be eligible for a loan under
this section, applicants shall meet the requirements in
subparagraphs (A) and (B) of section 302(a)(1).
(d) Priority.--In making or guaranteeing loans under this
section, the Secretary shall give priority to--
(1) qualified beginning farmers or ranchers and
socially disadvantaged farmers or ranchers;
(2) owners or tenants who use the loans to convert to
sustainable or organic agricultural production systems;
[and]
(3) producers who use the loans to build conservation
structures or establish conservation practices to
comply with section 1212 of the Food Security Act of
1985[.]; and
(4) producers who use the loans to adopt precision
agriculture practices or acquire precision agriculture
technology, including adoption or acquisition for the
purpose of participating in the environmental quality
incentives program under subchapter A of chapter 4 of
subtitle D of title XII of the Food Security Act of
1985.
(e) Limitations Applicable to Loan Guarantees.--The portion
of a loan that the Secretary may guarantee under this section
shall be--
(1) 80 percent of the principal amount of the loan;
or
[(2) in the case of a producer that is a qualified
socially disadvantaged farmer or rancher or a beginning
farmer or rancher, 90 percent of the principal amount
of the loan.]
(2) 90 percent of the principal amount of the loan in
the case of--
(A) a producer that is a qualified socially
disadvantaged farmer or rancher or a beginning
farmer or rancher; or
(B) loans that are used for the purchase of
precision agriculture technology.
[(f) Administrative Provisions.--The Secretary] (f)
Administrative Provisions._
(1) Geographic diversity._The Secretary shall
ensure, to the maximum extent practicable, that loans
made or guaranteed under this section are distributed
across diverse geographic regions.
(2) Coordination with nrcs.--In making or
guaranteeing loans under this section, the Secretary
shall ensure that there is coordination between the
Farm Service Agency and the Natural Resources
Conservation Service.
(g) Credit Eligibility.--The provisions of paragraphs (1) and
(3) of section 333 shall not apply to loans made or guaranteed
under this section.
(h) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$150,000,000 for each of fiscal years 2014 through 2023.
* * * * * * *
SEC. 310B. ASSISTANCE FOR RURAL ENTITIES.
(a) Loans to Private Business Enterprises.--
(1) Definitions.--In this subsection:
(A) Aquaculture.--The term ``aquaculture''
means the culture or husbandry of aquatic
animals or plants by private industry for
commercial purposes including the culture and
growing of fish by private industry for the
purpose of creating or augmenting publicly
owned and regulated stocks of fish.
(B) Solar energy.--The term ``solar energy''
means energy derived from sources (other than
fossil fuels) and technologies included in the
Federal Nonnuclear Energy Research and
Development Act of 1974, as amended.
(2) Loan purposes.--The Secretary may make and insure
loans to public, private, or cooperative organizations
organized for profit or nonprofit and private
investment funds that invest primarily in cooperative
organizations, to Indian tribes on Federal and State
reservations or other federally recognized Indian
tribal groups, or to individuals for the purposes of--
(A) improving, developing, or financing
business, industry, and employment (including
through the financing of working capital) and
improving the economic and environmental
climate in rural communities, including
pollution abatement and control;
(B) the conservation, development, and use of
water for aquaculture purposes in rural areas;
(C) reducing the reliance on nonrenewable
energy resources by encouraging the development
and construction of solar energy systems and
other renewable energy systems (including wind
energy systems and anaerobic digestors for the
purpose of energy generation), including the
modification of existing systems, in rural
areas; [and]
(D) to facilitate economic opportunity for
industries undergoing adjustment from
terminated Federal agricultural price and
income support programs or increased
competition from foreign trade[.]; and
(E) expanding precision agriculture
practices, including by financing equipment and
farm-wide broadband connectivity, in order to
promote best-practices, reduce costs, and
improve the environment.
(3) Loan guarantees.--Loans described in paragraph
(2), when originated, held, and serviced by other
lenders, may be guaranteed by the Secretary under this
section without regard to paragraphs (1) and (4) of
section 333.
(4) Maximum amount of principal.--No loan may be
made, insured, or guaranteed under this subsection that
exceeds $25,000,000 in principal amount.
(b) Solid Waste Management Grants.--
(1) In general.--The Secretary may make grants to
nonprofit organizations for the provision of regional
technical assistance to local and regional governments
and related agencies for the purpose of reducing or
eliminating pollution of water resources and improving
the planning and management of solid waste disposal
facilities. Grants made under this paragraph for the
provision of technical assistance shall be made for 100
percent of the cost of such assistance.
(2) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $10,000,000 for each of fiscal years 2014
through 2023.
(c) Rural Business Development Grants.--
(1) In general.--The Secretary may make grants under
this subsection to eligible entities described in
paragraph (2) in rural areas that primarily serve rural
areas for purposes described in paragraph (3).
(2) Eligible entities.--The Secretary may make grants
under this subsection to--
(A) governmental entities;
(B) Indian tribes; and
(C) nonprofit entities.
(3) Eligible purposes for grants.--Eligible entities
that receive grants under this subsection may use the
grant funds for--
(A) business opportunity projects that--
(i) identify and analyze business
opportunities;
(ii) identify, train, and provide
technical assistance to existing or
prospective rural entrepreneurs and
managers;
(iii) assist in the establishment of
new rural businesses and the
maintenance of existing businesses,
including through business support
centers;
(iv) conduct regional, community, and
local economic development planning and
coordination, and leadership
development; and
(v) establish centers for training,
technology, and trade that will provide
training to rural businesses in the use
of interactive communications
technologies to develop international
trade opportunities and markets; or
(B) projects that support the development of
business enterprises that finance or
facilitate--
(i) the development of small and
emerging private business enterprise;
(ii) the establishment, expansion,
and operation of rural distance
learning networks;
(iii) the development of rural
learning programs that provide
educational instruction or job training
instruction related to potential
employment or job advancement to adult
students; and
(iv) the provision of technical
assistance and training to rural
communities for the purpose of
improving passenger transportation
services or facilities.
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Secretary to carry out this
subsection $65,000,000 for each of fiscal years
2014 through 2023, to remain available until
expended.
(B) Allocation.--Of the funds made available
under subparagraph (A) for a fiscal year, not
more than 10 percent shall be used for the
purposes described in paragraph (3)(A).
(d)(1) The Secretary may participate in joint financing to
facilitate development of private business enterprises in rural
areas with the Economic Development Administration, the Small
Business Administration, and the Department of Housing and
Urban Development and other Federal and State agencies and with
private and quasi-public financial institutions, through joint
loans to applicants eligible under subsection (a) for the
purpose of improving, developing, or financing business,
industry, and employment and improving the economic and
environmental climate in rural areas or through joint grants to
applicants eligible under subsection (c) for such purposes,
including in the case of loans or grants the development,
construction, or acquisition of land, buildings, plants,
equipment, access streets and roads, parking areas, utility
extensions, necessary water supply and waste disposal
facilities, refining, service and fees.
(2) No financial or other assistance shall be extended under
any provision of this section, except for cases in which such
assistance does not exceed $1,000,000 or for cases in which
direct employment will not be increased by more than fifty
employees, that is calculated to or is likely to result in the
transfer from one area to another of any employment or business
activity provided by operations of the applicant, but this
limitation shall not be construed to prohibit assistance for
the expansion of an existing business entity through the
establishment of a new branch, affiliate, or subsidiary of such
entity if the establishment of such branch, affiliate, or
subsidiary will not result in an increase in unemployment in
the area of original location or in any other area where such
entity conducts business operations unless there is reason to
believe that such branch, affiliate, or subsidiary is being
established with the intention of closing down the operations
of the existing business entity in the area of its original
location or in any other area where it conducts such
operations.
(3) No financial or other assistance shall be extended under
any provision of this section, except for cases in which such
assistance does not exceed $1,000,000 or for cases in which
direct employment will not be increased by more than fifty
employees, which is calculated to or likely to result in an
increase in the production of goods, materials, or commodities,
or the availability of services or facilities in the area, when
there is not sufficient demand for such goods, materials,
commodities, services, or facilities, to employ the efficient
capacity of existing competitive commercial or industrial
enterprises, unless such financial or other assistance will not
have an adverse effect upon existing competitive enterprises in
the area.
(4) No financial or other assistance shall be extended under
any provision of this section, except for cases in which such
assistance does not exceed $1,000,000 or for cases in which
direct employment will not be increased by more than fifty
employees, if the Secretary of Labor certifies within 30 days
after the matter has been submitted to him by the Secretary of
Agriculture that the provisions of paragraphs (2) and (3) of
this subsection have not been complied with. The Secretary of
Labor shall, in cooperation with the Secretary of Agriculture,
develop a system of certification which will insure the
expeditious processing of requests for assistance under this
section.
(5) No grant or loan authorized to be made under this title
shall require or be subject to the prior approval of any
officer, employee, or agency of any State.
(6) No loan commitment issued under this section shall be
conditioned upon the applicant investing in excess of 10 per
centum in the business or industrial enterprise for which
purpose the loan is to be made unless the Secretary determines
there are special circumstances which necessitate an equity
investment by the applicant greater than 10 per centum.
(7) No provision of law shall prohibit issuance by the
Secretary of certificates evidencing beneficial ownership in a
block of notes insured or guaranteed under this title or Title
V of the Housing Act of 1949; any sale by the Secretary of such
certificates shall be treated as a sale of assets for the
purposes of the Budget and Accounting Act of 1921. Any security
representing beneficial ownership in a block of notes
guaranteed or insured under this title or Title V of the
Housing Act of 1949 issued by a private entity shall be exempt
from laws administered by the Securities and Exchange
Commission, except sections 17, 22, and 24 of the Securities
Act of 1933, as amended; however, the Secretary shall require
(i) that the issuer place such notes in the custody of an
institution chartered by a Federal or State agency to act as
trustee and (ii) that the issuer provide such periodic reports
of sales as the Secretary deems necessary.
(e) Rural Cooperative Development Grants.--
(1) Definitions.--In this subsection:
(A) Nonprofit institution.--The term
``nonprofit institution'' means any
organization or institution, including an
accredited institution of higher education, no
part of the net earnings of which inures, or
may lawfully inure, to the benefit of any
private shareholder or individual.
(B) United states.--The term ``United
States'' means the several States, the District
of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, and
the other territories and possessions of the
United States.
(2) Grants.--The Secretary shall make grants
effective October 1, 1996, under this subsection to
nonprofit institutions for the purpose of enabling the
institutions to establish and operate centers for rural
cooperative development.
(3) Goals.--The goals of a center funded under this
subsection shall be to facilitate the creation of jobs
in rural areas through the development of new rural
cooperatives, value added processing, and rural
businesses.
(4) Application.--Any nonprofit institution seeking a
grant under paragraph (2) shall submit to the Secretary
an application containing a plan for the establishment
and operation by the institution of a center or centers
for cooperative development. The Secretary may approve
the application if the plan contains the following:
(A) A provision that substantiates that the
center will effectively serve rural areas in
the United States.
(B) A provision that the primary objective of
the center will be to improve the economic
condition of rural areas through cooperative
development.
(C) A description of the activities that the
center will carry out to accomplish the
objective. The activities may include the
following:
(i) Programs for applied research and
feasibility studies that may be useful
to individuals, cooperatives, small
businesses, and other similar entities
in rural areas served by the center.
(ii) Programs for the collection,
interpretation, and dissemination of
information that may be useful to
individuals, cooperatives, small
businesses, and other similar entities
in rural areas served by the center.
(iii) Programs providing training and
instruction for individuals,
cooperatives, small businesses, and
other similar entities in rural areas
served by the center.
(iv) Programs providing loans and
grants to individuals, cooperatives,
small businesses, and other similar
entities in rural areas served by the
center.
(v) Programs providing technical
assistance, research services, and
advisory services to individuals,
cooperatives, small businesses, and
other similar entities in rural areas
served by the center.
(vi) Programs providing for the
coordination of services and sharing of
information among the center.
(D) A description of the contributions that
the activities are likely to make to the
improvement of the economic conditions of the
rural areas for which the center will provide
services.
(E) Provisions that the center, in carrying
out the activities, will seek, where
appropriate, the advice, participation,
expertise, and assistance of representatives of
business, industry, educational institutions,
the Federal Government, and State and local
governments.
(F) Provisions that the center will take all
practicable steps to develop continuing sources
of financial support for the center,
particularly from sources in the private
sector.
(G) Provisions for--
(i) monitoring and evaluating the
activities by the nonprofit institution
operating the center; and
(ii) accounting for money received by
the institution under this section.
(5) Awarding grants.--Grants made under paragraph (2)
shall be made on a competitive basis. In making grants
under paragraph (2), the Secretary shall give
preference to grant applications providing for the
establishment of centers for rural cooperative
development that--
(A) demonstrate a proven track record in
carrying out activities to promote and assist
the development of cooperatively and mutually
owned businesses;
(B) demonstrate previous expertise in
providing technical assistance in rural areas
to promote and assist the development of
cooperatively and mutually owned businesses;
(C) demonstrate the ability to assist in the
retention of businesses, facilitate the
establishment of cooperatives and new
cooperative approaches, and generate employment
opportunities that will improve the economic
conditions of rural areas;
(D) commit to providing technical assistance
and other services to underserved and
economically distressed areas in rural areas of
the United States;
(E) demonstrate a commitment to--
(i) networking with and sharing the
results of the efforts of the center
with other cooperative development
centers and other organizations
involved in rural economic development
efforts; and
(ii) developing multiorganization and
multistate approaches to addressing the
economic development and cooperative
needs of rural areas; and
(F) commit to providing a 25 percent matching
contribution with private funds and in-kind
contributions, except that the Secretary shall
not require non-Federal financial support in an
amount that is greater than 5 percent in the
case of a 1994 institution (as defined in
section 532 of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382)).
(6) Grant period.--
(A) In general.--A grant awarded to a center
that has received no prior funding under this
subsection shall be made for a period of 1
year.
(B) Multiyear grants.--If the Secretary
determines it to be in the best interest of the
program, the Secretary shall award grants for a
period of more than 1 year, but not more than 3
years, to a center that has successfully met
the parameters described in paragraph (5), as
determined by the Secretary.
(7) Authority to extend grant period.--The Secretary
may extend for 1 additional 12-month period the period
in which a grantee may use a grant made under this
subsection.
(8) Technical assistance to prevent excessive
unemployment or underemployment.--In carrying out this
subsection, the Secretary may provide technical
assistance to alleviate or prevent conditions of
excessive unemployment, underemployment, outmigration,
or low employment growth in economically distressed
rural areas that the Secretary determines have a
substantial need for the assistance. The assistance may
include planning and feasibility studies, management
and operational assistance, and studies evaluating the
need for development potential of projects that
increase employment and improve economic growth in the
areas.
(9) Grants to defray administrative costs.--The
Secretary may make grants to defray not to exceed 75
percent of the costs incurred by organizations and
public bodies to carry out projects for which grants or
loans are made under this subsection. For purposes of
determining the non-Federal share of the costs, the
Secretary shall consider contributions in cash and in
kind, fairly evaluated, including premises, equipment,
and services.
(10) Cooperative research program.--The Secretary
shall enter into a cooperative research agreement with
1 or more qualified academic institutions in each
fiscal year to conduct research (including research and
analysis based on data from the latest available
Economic Census conducted by the Bureau of the Census)
on the effects of all types of cooperatives on the
national economy.
(11) Addressing needs of minority communities.--
(A) Definition of socially disadvantaged
group.--In this paragraph, the term ``socially
disadvantaged group'' has the meaning given the
term in section 355(e).
(B) Reservation of funds.--
(i) In general.--If the total amount
appropriated under paragraph (13) for a
fiscal year exceeds $7,500,000, the
Secretary shall reserve an amount equal
to 20 percent of the total amount
appropriated for grants for cooperative
development centers, individual
cooperatives, or groups of
cooperatives--
(I) that serve socially
disadvantaged groups; and
(II) a majority of the boards
of directors or governing
boards of which are comprised
of individuals who are members
of socially disadvantaged
groups.
(ii) Insufficient applications.--To
the extent there are insufficient
applications to carry out clause (i),
the Secretary shall use the funds as
otherwise authorized by this
subsection.
(12) Interagency working group.--Not later than 90
days after the date of enactment of the Agricultural
Act of 2014, the Secretary shall coordinate and chair
an interagency working group to foster cooperative
development and ensure coordination with Federal
agencies and national and local cooperative
organizations that have cooperative programs and
interests.
(13) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $40,000,000 for each of fiscal years 2014
through 2023.
(g) Business and Industry Direct and Guaranteed Loans.--
(1) Definition of business and industry loan.--In
this subsection, the term ``business and industry
loan'' means a business and industry direct or
guaranteed loan that is made or guaranteed by the
Secretary under subsection (a)(2)(A), including
guarantees described in paragraph (3)(A)(ii).
(2) Loan guarantees for the purchase of cooperative
stock.--
(A) In general.--The Secretary may guarantee
a business and industry loan to individual
farmers or ranchers for the purpose of
purchasing capital stock of a farmer or rancher
cooperative established for the purpose of
processing an agricultural commodity.
(B) Processing contracts during initial
period.--A cooperative described in
subparagraph (A) for which a farmer or rancher
receives a guarantee to purchase stock under
subparagraph (A) may contract for services to
process agricultural commodities, or otherwise
process value-added agricultural products,
during the 5-year period beginning on the date
of the startup of the cooperative in order to
provide adequate time for the planning and
construction of the processing facility of the
cooperative.
(C) Financial information.--Financial
information required by the Secretary from a
farmer or rancher as a condition of making a
business and industry loan guarantee under this
paragraph shall be provided in the manner
generally required by commercial agricultural
lenders in the area.
(3) Loans to cooperatives.--
(A) Eligibility.--
(i) In general.--The Secretary may
make or guarantee a business and
industry loan to a cooperative
organization that is headquartered in a
metropolitan area if the loan is used
for a project or venture described in
subsection (a) that is located in a
rural area or a loan guarantee that
meets the requirements of paragraph
(6).
(ii) Equity.--The Secretary may
guarantee a loan made for the purchase
of preferred stock or similar equity
issued by a cooperative organization or
a fund that invests primarily in
cooperative organizations, if the
guarantee significantly benefits 1 or
more entities eligible for assistance
for the purposes described in
subsection (a)(1), as determined by the
Secretary.
(B) Refinancing.--A cooperative organization
that is eligible for a business and industry
loan shall be eligible to refinance an existing
business and industry loan with a lender if--
(i) the cooperative organization--
(I) is current and performing
with respect to the existing
loan; and
(II) is not, and has not
been, in payment default, or
the collateral of which has not
been converted, with respect to
the existing loan; and
(ii) there is adequate security or
full collateral for the refinanced
loan.
(4) Loan appraisals.--The Secretary may require that
any appraisal made in connection with a business and
industry loan be conducted by a specialized appraiser
that uses standards that are similar to standards used
for similar purposes in the private sector, as
determined by the Secretary.
(5) Fees.--The Secretary may assess a 1-time fee for
any guaranteed business and industry loan in an amount
that does not exceed 2 percent of the guaranteed
principal portion of the loan.
(6) Loan guarantees in nonrural areas.--
(A) In general.--The Secretary may guarantee
a business and industry loan to a cooperative
organization for a facility that is not located
in a rural area if--
(i) the primary purpose of the loan
guarantee is for a facility to provide
value-added processing for agricultural
producers that are located within 80
miles of the facility;
(ii) the applicant demonstrates to
the Secretary that the primary benefit
of the loan guarantee will be to
provide employment for residents of a
rural area; and
(iii) the total amount of business
and industry loans guaranteed for a
fiscal year under this paragraph does
not exceed 10 percent of the business
and industry loans guaranteed for the
fiscal year under subsection (a)(2)(A).
(B) Principal amounts.--The principal amount
of a business and industry loan guaranteed
under this paragraph may not exceed
$25,000,000.
(7) Intangible assets.--
(A) In general.--In determining whether a
cooperative organization is eligible for a
guaranteed business and industry loan, the
Secretary may consider the market value of a
properly appraised brand name, patent, or
trademark of the cooperative.
(B) Accounts receivable.--In the discretion
of the Secretary, if the Secretary determines
that the action would not create or otherwise
contribute to an unreasonable risk of default
or loss to the Federal Government, the
Secretary may take accounts receivable as
security for the obligations entered into in
connection with loans and a borrower may use
accounts receivable as collateral to secure a
loan made or guaranteed under this subsection.
(8) Limitations on loan guarantees for cooperative
organizations.--
(A) Principal amount.--
(i) In general.--Subject to clause
(ii), the principal amount of a
business and industry loan made to a
cooperative organization and guaranteed
under this subsection shall not exceed
$40,000,000.
(ii) Use.--To be eligible for a
guarantee under this subsection for a
business and industry loan made to a
cooperative organization, the principal
amount of the any such loan in excess
of $25,000,000 shall be used to carry
out a project that--
(I)(aa) is in a rural area;
and
(bb) provides for the value-
added processing of
agricultural commodities; or
(II) significantly benefits 1
or more entities eligible for
assistance for the purposes
described in subsection (a)(1),
as determined by the Secretary.
(B) Applications.--If a cooperative
organization submits an application for a
guarantee under this subsection of a business
and industry loan with a principal amount that
is in excess of $25,000,000, the Secretary--
(i) shall review and, if appropriate,
approve the application; and
(ii) may not delegate the approval
authority.
(C) Maximum amount.--The total amount of
business and industry loans made to cooperative
organizations and guaranteed for a fiscal year
under this subsection with principal amounts
that are in excess of $25,000,000 may not
exceed 10 percent of the business and industry
loans guaranteed for the fiscal year under
subsection (a)(2)(A).
(9) Locally or regionally produced agricultural food
products.--
(A) Definitions.--In this paragraph:
(i) Locally or regionally produced
agricultural food product.--The term
``locally or regionally produced
agricultural food product'' means any
agricultural food product that is
raised, produced, and distributed in--
(I) the locality or region in
which the final product is
marketed, so that the total
distance that the product is
transported is less than 400
miles from the origin of the
product; or
(II) the State in which the
product is produced.
(ii) Underserved community.--The term
``underserved community'' means a
community (including an urban or rural
community and an Indian tribal
community) that has, as determined by
the Secretary--
(I) limited access to
affordable, healthy foods,
including fresh fruits and
vegetables, in grocery retail
stores or farmer-to-consumer
direct markets; and
(II) a high rate of hunger or
food insecurity or a high
poverty rate.
(B) Loan and loan guarantee program.--
(i) In general.--The Secretary shall
make or guarantee loans to individuals,
cooperatives, cooperative
organizations, businesses, and other
entities to establish and facilitate
enterprises that process, distribute,
aggregate, store, and market locally or
regionally produced agricultural food
products to support community
development and farm and ranch income.
(ii) Requirement.--The recipient of a
loan or loan guarantee under clause (i)
shall include in an appropriate
agreement with retail and institutional
facilities to which the recipient sells
locally or regionally produced
agricultural food products a
requirement to inform consumers of the
retail or institutional facilities that
the consumers are purchasing or
consuming locally or regionally
produced agricultural food products.
(iii) Priority.--In making or
guaranteeing a loan under clause (i),
the Secretary shall give priority to
projects that have components
benefitting underserved communities.
(iv) Reservation of funds.--
(I) In general.--For each of
fiscal years 2008 through 2023,
the Secretary shall reserve not
less than 5 percent of the
funds made available to carry
out this subsection to carry
out this subparagraph.
(II) Availability of funds.--
Funds reserved under subclause
(I) for a fiscal year shall be
reserved until April 1 of the
fiscal year.
(h) Loan Guarantees for Certain Loans.--The Secretary may
guarantee loans made under subsection (a) to finance the
issuance of bonds for the projects described in section
306(a)(24).
(i) Appropriate Technology Transfer for Rural Areas
Program.--
(1) Definition of national nonprofit agricultural
assistance institution.--In this subsection, the term
``national nonprofit agricultural assistance
institution'' means an organization that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of that Code;
(B) has staff and offices in multiple regions
of the United States;
(C) has experience and expertise in operating
national agriculture technical assistance
programs;
(D) expands markets for the agricultural
commodities produced by producers through the
use of practices that enhance the environment,
natural resource base, and quality of life; and
(E) improves the economic viability of
agricultural operations.
(2) Establishment.--The Secretary shall establish a
national appropriate technology transfer for rural
areas program to assist agricultural producers that are
seeking information to--
(A) reduce input costs;
(B) conserve energy resources;
(C) diversify operations through new energy
crops and energy generation facilities; and
(D) expand markets for agricultural
commodities produced by the producers by using
practices that enhance the environment, natural
resource base, and quality of life.
(3) Implementation.--
(A) In general.--The Secretary shall carry
out the program under this subsection by making
a grant to, or offering to enter into a
cooperative agreement with, a national
nonprofit agricultural assistance institution.
(B) Grant amount.--A grant made, or
cooperative agreement entered into, under
subparagraph (A) shall provide 100 percent of
the cost of providing information described in
paragraph (2).
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $5,000,000 for each of fiscal years 2008
through 2023.
(j) Rural Economic Area Partnership Zones.--Effective
beginning on the date of enactment of this subsection through
September 30, 2023, the Secretary shall carry out those rural
economic area partnership zones administratively in effect on
the date of enactment of this subsection in accordance with the
terms and conditions contained in the memorandums of agreement
entered into by the Secretary for the rural economic area
partnership zones, except as otherwise provided in this
subsection.
* * * * * * *
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FOOD SECURITY ACT OF 1985
* * * * * * *
TITLE XII--CONSERVATION
* * * * * * *
Subtitle D--Agricultural Resources Conservation Program
* * * * * * *
CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM AND CONSERVATION
STEWARDSHIP PROGRAM
Subchapter A--Environmental Quality Incentives Program
* * * * * * *
SEC. 1240A. DEFINITIONS.
In this subchapter:
(1) Conservation planning assessment.--The term
``conservation planning assessment'' means a report, as
determined by the Secretary, that--
(A) is developed by--
(i) a State or unit of local
government (including a conservation
district);
(ii) a Federal agency; or
(iii) a third-party provider
certified under section 1242(e)
(including a certified rangeland
professional);
(B) assesses rangeland or cropland function
and describes conservation activities to
enhance the economic and ecological management
of that land; and
(C) can be incorporated into a comprehensive
planning document required by the Secretary for
enrollment in a conservation program of the
Department of Agriculture.
(2) Eligible land.--
(A) In general.--The term ``eligible land''
means land on which agricultural commodities,
livestock, or forest-related products are
produced.
(B) Inclusions.--The term ``eligible land''
includes the following:
(i) Cropland.
(ii) Grassland.
(iii) Rangeland.
(iv) Pasture land.
(v) Nonindustrial private forest
land.
(vi) Other agricultural land
(including cropped woodland, marshes,
environmentally sensitive areas, and
agricultural land used for the
production of livestock) on which
identified or expected resource
concerns related to agricultural
production could be addressed through a
contract under the program, as
determined by the Secretary.
(3) Incentive practice.--The term ``incentive
practice'' means a practice or set of practices
approved by the Secretary that, when implemented and
maintained on eligible land, address 1 or more priority
resource concerns.
(4) Organic system plan.--The term ``organic system
plan'' means an organic plan approved under the
national organic program established under the Organic
Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
(5) Payment.--The term ``payment'' means financial
assistance provided to a producer for performing
practices under this subchapter, including compensation
for--
(A) incurred costs associated with planning,
design, materials, equipment, installation,
labor, management, maintenance, or training;
and
(B) income forgone by the producer.
(6) Practice.--The term ``practice'' means 1 or more
improvements and conservation activities that are
consistent with the purposes of the program under this
subchapter, as determined by the Secretary, including--
(A) improvements to eligible land of the
producer, including--
(i) structural practices;
(ii) land management practices;
(iii) vegetative practices;
(iv) forest management;
(v) soil testing;
(vi) soil remediation to be carried
out by the producer; and
(vii) other practices that the
Secretary determines would further the
purposes of the program; and
(B) conservation activities involving the
development of plans appropriate for the
eligible land of the producer, including--
(i) comprehensive nutrient management
planning;
(ii) planning for resource-conserving
crop rotations (as defined in section
1240L(d)(1));
(iii) soil health planning, including
increasing soil organic matter and the
use of cover crops;
(iv) a conservation planning
assessment;
(v) precision conservation management
planning (including the adoption of
precision agriculture practices and the
acquisition of precision agriculture
technology); and
(vi) other plans that the Secretary
determines would further the purposes
of the program under this subchapter.
(7) Priority resource concern.--The term ``priority
resource concern'' means a natural resource concern or
problem, as determined by the Secretary, that--
(A) is identified at the national, State, or
local level as a priority for a particular area
of a State; and
(B) represents a significant concern in a
State or region.
(8) Program.--The term ``program'' means the
environmental quality incentives program established by
this subchapter.
(9) Soil remediation.--The term ``soil remediation''
means scientifically based practices that--
(A) ensure the safety of producers from
contaminants in soil;
(B) limit contaminants in soil from entering
agricultural products for human or animal
consumption; and
(C) regenerate and sustain the soil.
(10) Soil testing.--The term ``soil testing'' means
the evaluation of soil health, including testing for--
(A) the optimal level of constituents in the
soil, such as organic matter, nutrients, and
the potential presence of soil contaminants,
including heavy metals, volatile organic
compounds, polycyclic aromatic hydrocarbons, or
other contaminants; and
(B) the biological and physical
characteristics indicative of proper soil
functioning.
SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION.
(a) Establishment.--During each of the 2002 through 2023
fiscal years, the Secretary shall provide payments to producers
that enter into contracts with the Secretary under the program.
(b) Practices and Term.--
(1) Practices.--A contract under the program may
apply to the performance of one or more practices.
(2) Term.--A contract under the program shall have a
term that does not exceed 10 years.
(c) Bidding Down.--If the Secretary determines that the
environmental values of two or more applications for payments
are comparable, the Secretary shall not assign a higher
priority to the application only because it would present the
least cost to the program.
(d) Payments.--
(1) Availability of payments.--Payments are provided
to a producer to implement one or more practices under
the program.
(2) Limitation on payment amounts.--A payment to a
producer for performing a practice may not exceed, as
determined by the Secretary--
(A) 75 percent of the costs associated with
planning, design, materials, equipment,
installation, labor, management, maintenance,
or training;
(B) 100 percent of income foregone by the
producer; or
(C) in the case of a practice consisting of
elements covered under subparagraphs (A) and
(B)--
(i) 75 percent of the costs incurred
for those elements covered under
subparagraph (A); and
(ii) 100 percent of income foregone
for those elements covered under
subparagraph (B).
(3) Special rule involving payments for foregone
income.--In determining the amount and rate of payments
under paragraph (2)(B), the Secretary may accord great
significance to a practice that, as determined by the
Secretary, promotes--
(A) soil health;
(B) water quality and quantity improvement;
(C) nutrient management;
(D) pest management;
(E) air quality improvement;
(F) wildlife habitat development, including
pollinator habitat; or
(G) invasive species management.
(4) Increased payments for certain producers.--
(A) In general.--Notwithstanding paragraph
(2), in the case of a producer that is a
limited resource, socially disadvantaged farmer
or rancher, a veteran farmer or rancher (as
defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(e))), or a beginning farmer
or rancher, the Secretary shall increase the
amount that would otherwise be provided to a
producer under this subsection--
(i) to not more than 90 percent of
the costs associated with planning,
design, materials, equipment,
installation, labor, management,
maintenance, or training; and
(ii) to not less than 25 percent
above the otherwise applicable rate.
(B) Advance payments.--
(i) In general.--On an election by a
producer described in subparagraph (A),
the Secretary shall provide at least 50
percent of the amount determined under
subparagraph (A) in advance for all
costs related to purchasing materials
or contracting.
(ii) Return of funds.--If funds
provided in advance are not expended
during the 90-day period beginning on
the date of receipt of the funds, the
funds shall be returned within a
reasonable timeframe, as determined by
the Secretary.
(iii) Notification and
documentation.--The Secretary shall--
(I) notify each producer
described in subparagraph (A),
at the time of enrollment in
the program, of the option to
receive advance payments under
clause (i); and
(II) document the election of
each producer described in
subparagraph (A) to receive
advance payments under clause
(i) with respect to each
practice that has costs
described in that clause.
(5) Financial assistance from other sources.--Except
as provided in paragraph (6), any payments received by
a producer from a State or private organization or
person for the implementation of one or more practices
on eligible land of the producer shall be in addition
to the payments provided to the producer under this
subsection.
(6) Other payments.--[A producer shall]
(A) Payments under this subtitle._A producer
shall not be eligible for payments for
practices on eligible land under the program if
the producer receives payments or other
benefits for the same practice on the same land
under another program under this subtitle.
(B) Conservation loan and loan guarantee
program payments.--
(i) In general.--A producer receiving
payments for practices on eligible land
under the program may also receive a
loan or loan guarantee under section
304 of the Consolidated Farm and Rural
Development Act to cover costs for same
practices on the same land.
(ii) Notice to producer.--The
Secretary shall inform a producer
participating in the program in writing
of the availability of a loan or loan
guarantee under section 304 of the
Consolidated Farm and Rural Development
Act as it relates to costs of
implementing practices under this
program.
(7) Increased payments for state-determined high-
priority practices.--
(A) State determination.--Each State, in
consultation with the State technical committee
established under section 1261(a) for the
State, may designate not more than 10 practices
to be eligible for increased payments under
subparagraph (B), on the condition that the
practice, as determined by the Secretary--
(i) addresses specific causes of
impairment relating to excessive
nutrients in groundwater or surface
water;
(ii) addresses the conservation of
water to advance drought mitigation and
declining aquifers;
(iii) meets other environmental
priorities and other priority resource
concerns identified in habitat or other
area restoration plans; or
(iv) is geographically targeted to
address a natural resource concern in a
specific watershed.
(B) Increased payments.--Notwithstanding
paragraph (2), in the case of a practice
designated under subparagraph (A), the
Secretary may increase the amount that would
otherwise be provided for a practice under this
subsection to not more than 90 percent of the
costs associated with planning, design,
materials, equipment, installation, labor,
management, maintenance, or training.
(8) Increased payments for precision agriculture.--
Notwithstanding paragraph (2), the Secretary may
increase the amount that would otherwise be provided
for a practice under this subsection to not more than
90 percent of the costs associated with adopting
precision agriculture practices and acquiring precision
agriculture technology.
(e) Modification or Termination of Contracts.--
(1) Voluntary modification or termination.--The
Secretary may modify or terminate a contract entered
into with a producer under the program if--
(A) the producer agrees to the modification
or termination; and
(B) the Secretary determines that the
modification or termination is in the public
interest.
(2) Involuntary termination.--The Secretary may
terminate a contract under the program if the Secretary
determines that the producer violated the contract.
(f) Allocation of Funding.--
(1) Livestock.--For each of fiscal years 2019 through
2023, at least 50 percent of the funds made available
for payments under the program shall be targeted at
practices relating to livestock production, including
grazing management practices.
(2) Wildlife habitat.--
(A) Fiscal years 2014 through 2018.--For each
of fiscal years 2014 through 2018, at least 5
percent of the funds made available for
payments under the program shall be targeted at
practices benefitting wildlife habitat under
subsection (g).
(B) Fiscal years 2019 through 2023.--For each
of fiscal years 2019 through 2023, at least 10
percent of the funds made available for
payments under the program shall be targeted at
practices benefitting wildlife habitat under
subsection (g).
(g) Wildlife Habitat Incentive Program.--
(1) In general.--The Secretary shall provide payments
under the environmental quality incentives program for
conservation practices that support the restoration,
development, protection, and improvement of wildlife
habitat on eligible land, including--
(A) upland wildlife habitat;
(B) wetland wildlife habitat;
(C) habitat for threatened and endangered
species;
(D) fish habitat;
(E) habitat on pivot corners and other
irregular areas of a field; and
(F) other types of wildlife habitat, as
determined by the Secretary.
(2) State technical committee.--In determining the
practices eligible for payment under paragraph (1) and
targeted for funding under subsection (f), the
Secretary shall consult with the relevant State
technical committee not less often than once each year.
(3) Maximum term.--In the case of a contract under
the program entered into solely for the establishment
of 1 or more annual management practices for the
benefit of wildlife as described in paragraph (1),
notwithstanding any maximum contract term established
by the Secretary, the contract shall have a term that
does not exceed 10 years.
(4) Included practices.--For the purpose of providing
seasonal wetland habitat for waterfowl and migratory
birds, a practice that is eligible for payment under
paragraph (1) and targeted for funding under subsection
(f) may include--
(A) a practice to carry out postharvest
flooding; or
(B) a practice to maintain the hydrology of
temporary and seasonal wetlands of not more
than 2 acres to maintain waterfowl and
migratory bird habitat on working cropland.
(h) Water Conservation or Irrigation Efficiency Practice.--
(1) Availability of payments.--The Secretary may
provide water conservation and system efficiency
payments under this subsection to an entity described
in paragraph (2) or a producer for--
(A) water conservation scheduling, water
distribution efficiency, soil moisture
monitoring, or an appropriate combination
thereof;
(B) irrigation-related structural or other
measures that conserve surface water or
groundwater, including managed aquifer recovery
practices; or
(C) a transition to water-conserving crops,
water-conserving crop rotations, or deficit
irrigation.
(2) Eligibility of certain entities.--
(A) In general.--Notwithstanding section
1001(f)(6), the Secretary may enter into a
contract under this subsection with a State,
irrigation district, groundwater management
district, acequia, land-grant mercedes, or
similar entity under a streamlined contracting
process to implement water conservation or
irrigation practices under a watershed-wide
project that will effectively conserve water,
provide fish and wildlife habitat, or provide
for drought-related environmental mitigation,
as determined by the Secretary.
(B) Implementation.--Water conservation or
irrigation practices that are the subject of a
contract entered into under subparagraph (A)
shall be implemented on--
(i) eligible land of a producer; or
(ii) land that is--
(I) under the control of an
irrigation district,
groundwater management
district, acequia, land-grant
mercedes, or similar entity;
and
(II) adjacent to eligible
land described in clause (i),
as determined by the Secretary.
(C) Waiver authority.--The Secretary may
waive the applicability of the limitations in
section 1001D(b) or section 1240G for a payment
made under a contract entered into under this
paragraph if the Secretary determines that the
waiver is necessary to fulfill the objectives
of the project.
(D) Contract limitations.--If the Secretary
grants a waiver under subparagraph (C), the
Secretary may impose a separate payment
limitation for the contract with respect to
which the waiver applies.
(3) Priority.--In providing payments under this
subsection for a water conservation or irrigation
practice, the Secretary shall give priority to
applications in which--
(A) consistent with the law of the State in
which the land on which the practices will be
implemented is located, there is a reduction in
water use in the operation on that land; or
(B) except in the case of an application
under paragraph (2), the producer agrees not to
use any associated water savings to bring new
land, other than incidental land needed for
efficient operations, under irrigated
production, unless the producer is
participating in a watershed-wide project that
will effectively conserve water, as determined
by the Secretary.
(4) Effect.--Nothing in this subsection authorizes
the Secretary to modify the process for determining the
annual allocation of funding to States under the
program.
(i) Payments for Conservation Practices Related to Organic
Production.--
(1) Payments authorized.--The Secretary shall provide
payments under this subsection for conservation
practices, on some or all of the operations of a
producer, related--
(A) to organic production; and
(B) to the transition to organic production.
(2) Eligibility requirements.--As a condition for
receiving payments under this subsection, a producer
shall agree--
(A) to develop and carry out an organic
system plan; or
(B) to develop and implement conservation
practices for certified organic production that
are consistent with an organic system plan and
the purposes of this subchapter.
(3) Payment limitations.--
(A) In general.--Payments under this
subsection to a person or legal entity,
directly or indirectly, may not exceed, in the
aggregate--
(i) through fiscal year 2018--
(I) $20,000 per year; or
(II) $80,000 during any 6-
year period; and
(ii) during the period of fiscal
years 2019 through 2023, $140,000.
(B) Technical assistance.--In applying the
limitations under subparagraph (A), the
Secretary shall not take into account payments
received for technical assistance.
(4) Exclusion of certain organic certification
costs.--Payments may not be made under this subsection
to cover the costs associated with organic
certification that are eligible for cost-share payments
under section 10606 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 6523).
(5) Termination of contracts.--The Secretary may
cancel or otherwise nullify a contract to provide
payments under this subsection if the Secretary
determines that the producer--
(A) is not pursuing organic certification; or
(B) is not in compliance with the Organic
Foods Production Act of 1990 (7 U.S.C. 6501 et
seq).
(j) Conservation Incentive Contracts.--
(1) Identification of eligible priority resource
concerns for states.--
(A) In general.--The Secretary, in
consultation with the applicable State
technical committee established under section
1261(a), shall identify watersheds (or other
appropriate regions or areas within a State)
and the corresponding priority resource
concerns for those watersheds or other regions
or areas that are eligible to be the subject of
an incentive contract under this subsection.
(B) Limitation.--For each of the relevant
land uses within the watersheds, regions, or
other areas identified under subparagraph (A),
the Secretary shall identify not more than 3
eligible priority resource concerns.
(2) Contracts.--
(A) Authority.--
(i) In general.--The Secretary shall
enter into contracts with producers
under this subsection that require the
implementation, adoption, management,
and maintenance of incentive practices
(which may include the adoption of
precision agriculture practices and the
acquisition of precision agriculture
technology) that effectively address at
least 1 eligible priority resource
concern identified under paragraph (1)
for the term of the contract.
(ii) Inclusions.--Through a contract
entered into under clause (i), the
Secretary may provide--
(I) funding, through annual
payments, for certain incentive
practices to attain increased
levels of conservation on
eligible land; or
(II) assistance, through a
practice payment, to implement
an incentive practice.
(B) Term.--A contract under this subsection
shall have a term of not less than 5, and not
more than 10, years.
(C) Prioritization.--Notwithstanding section
1240C, the Secretary shall develop criteria for
evaluating incentive practice applications
that--
(i) give priority to applications
that address eligible priority resource
concerns identified under paragraph
(1); and
(ii) evaluate applications relative
to other applications for similar
agriculture and forest operations.
(3) Incentive practice payments.--
(A) In general.--The Secretary shall provide
payments to producers through contracts entered
into under paragraph (2) for--
(i) adopting and installing incentive
practices; and
(ii) managing, maintaining, and
improving the incentive practices for
the duration of the contract, as
determined appropriate by the
Secretary.
(B) Payment amounts.--In determining the
amount of payments under subparagraph (A), the
Secretary shall consider, to the extent
practicable--
(i) the level and extent of the
incentive practice to be installed,
adopted, completed, maintained,
managed, or improved;
(ii) the cost of the installation,
adoption, completion, management,
maintenance, or improvement of the
incentive practice;
(iii) income foregone by the
producer, including payments, as
appropriate, to address--
(I) increased economic risk;
(II) loss in revenue due to
anticipated reductions in
yield; and
(III) economic losses during
transition to a resource-
conserving cropping system or
resource-conserving land use;
and
(iv) the extent to which compensation
would ensure long-term continued
maintenance, management, and
improvement of the incentive practice.
(C) Delivery of payments.--In making payments
under subparagraph (A), the Secretary shall, to
the extent practicable--
(i) in the case of annual payments
under paragraph (2)(A)(ii)(I), make
those payments as soon as practicable
after October 1 of each fiscal year for
which increased levels of conservation
are maintained during the term of the
contract; and
(ii) in the case of practice payments
under paragraph (2)(A)(ii)(II), make
those payments as soon as practicable
on the implementation of an incentive
practice.
* * * * * * *
Subchapter B--Conservation Stewardship Program
* * * * * * *
SEC. 1240L. DUTIES OF THE SECRETARY.
(a) In General.--To achieve the conservation goals of a
contract under the conservation stewardship program, the
Secretary shall--
(1) make the program available to eligible producers
on a continuous enrollment basis with 1 or more ranking
periods, 1 of which shall occur in the first quarter of
each fiscal year;
(2) identify not less than 5 priority resource
concerns in a particular watershed or other appropriate
region or area within a State; and
(3) establish a science-based stewardship threshold
for each priority resource concern identified under
paragraph (2).
(b) Allocation to States.--The Secretary shall allocate
funding to States for enrollment, based--
(1) primarily on each State's proportion of eligible
land to the total acreage of eligible land in all
States; and
(2) also on consideration of--
(A) the extent and magnitude of the
conservation needs associated with agricultural
production in each State;
(B) the degree to which implementation of the
program in the State is, or will be, effective
in helping producers address those needs; and
(C) other considerations to achieve equitable
geographic distribution of funds, as determined
by the Secretary.
(c) Conservation Stewardship Payments.--
(1) Availability of payments.--The Secretary shall
provide annual payments under the program to compensate
the producer for--
(A) installing and adopting additional
conservation activities; and
(B) improving, maintaining, and managing
conservation activities in place at the
agricultural operation of the producer at the
time the contract offer is accepted by the
Secretary.
(2) Payment amount.--The amount of the annual payment
shall be determined by the Secretary and based, to the
maximum extent practicable, on the following factors:
(A) Costs incurred by the producer associated
with planning, design, materials, installation,
labor, management, maintenance, or training.
(B) Income forgone by the producer.
(C) Expected conservation benefits.
(D) The extent to which priority resource
concerns will be addressed through the
installation and adoption of conservation
activities on the agricultural operation.
(E) The level of stewardship in place at the
time of application and maintained over the
term of the contract.
(F) The degree to which the conservation
activities will be integrated across the entire
agricultural operation for all applicable
priority resource concerns over the term of the
contract.
(G) Such other factors as are determined
appropriate by the Secretary.
[(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for--
[(A) the design, construction, or maintenance
of animal waste storage or treatment facilities
or associated waste transport or transfer
devices for animal feeding operations; or
[(B) conservation activities for which there
is no cost incurred or income forgone to the
producer.]
(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for conservation
activities for which there is no cost incurred or
income forgone by the producer.
(4) Delivery of payments.--In making payments under
this subsection, the Secretary shall, to the extent
practicable--
(A) prorate conservation performance over the
term of the contract so as to accommodate, to
the extent practicable, producers earning equal
annual payments in each fiscal year; and
(B) make such payments as soon as practicable
after October 1 of each fiscal year for
activities carried out in the previous fiscal
year.
(5) Payment for cover crop activities.--The amount of
a payment under this subsection for cover crop
activities shall be not less than 125 percent of the
annual payment amount determined by the Secretary under
paragraph (2).
(d) Supplemental Payments for Resource-Conserving Crop
Rotations [and Advanced Grazing Management], Advanced Grazing
Management, and Precision Agriculture.--
(1) Definitions.--In this subsection:
(A) Advanced grazing management.--The
term``advanced grazing management'' means the
use of a combinationof grazing practices (as
determined by the Secretary),which may include
management-intensive rotationalgrazing, that
provide for--
(i) improved soil health and carbon
sequestration;
(ii) drought resilience;
(iii) wildlife habitat;
(iv) wildfire mitigation;
(v) control of invasive plants; and
(vi) water quality improvement.
(B) Management-intensive rotational
grazing.--The term ``management-intensive
rotational grazing'' means a strategic,
adaptively managed multipasture grazing system
in which animals are regularly and
systematically moved to fresh pasture in a
manner that--
(i) maximizes the quantity and
quality of forage growth;
(ii) improves manure distribution and
nutrient cycling;
(iii) increases carbon sequestration
from greater forage harvest;
(iv) improves the quality and
quantity of cover for wildlife;
(v) provides permanent cover to
protect the soil from erosion; and
(vi) improves water quality.
(C) Resource-conserving crop rotation.--The
term``resource-conserving crop rotation'' means
a crop rotation that--
(i) includes at least 1 resource-
conserving crop (as defined by the
Secretary);
(ii) reduces erosion;
(iii) improves soil fertility and
tilth;
(iv) interrupts pest cycles;
(v) builds soil organic matter; and
(vi) in applicable areas, reduces
depletion of soil moisture or otherwise
reduces the need for irrigation.
(2) Availability of payments.--The Secretary shall
provide additional payments to producers that, in
participating in the program, agree to adopt or
improve, manage, and maintain--
(A) resource-conserving crop rotations[; or];
(B) advanced grazing management[.]; or
(C) precision agriculture.
(3) Eligibility.--To be eligible to receive a payment
described in paragraph (2), a producer shall agree to
adopt orimprove, manage, and maintain resource-
conserving crop rotations [or advanced grazing
management], advanced grazing management, or precision
agriculture for the term of the contract.
(4) Amount of payment.--An additional payment
provided under paragraph (2) shall be not less than 150
percent of the annual payment amount determined by the
Secretary under subsection (c)(2).
(e) Payment for Comprehensive Conservation Plan.--
(1) Definition of comprehensive conservation plan.--
In this subsection, the term ``comprehensive
conservation plan'' means a conservation plan that
meets or exceeds the stewardship threshold for each
priority resource concern identified by the Secretary
under subsection (a)(2).
(2) Payment for comprehensive conservation plan.--The
Secretary shall provide a 1-time payment to a producer
that develops a comprehensive conservation plan.
(3) Amount of payment.--The Secretary shall determine
the amount of payment under paragraph (2) based on--
(A) the number of priority resource concerns
addressed in the comprehensive conservation
plan; and
(B) the number of types of land uses included
in the comprehensive conservation plan.
(f) Payment Limitations.--A person or legal entity may not
receive, directly or indirectly, payments under the program
that, in the aggregate, exceed $200,000 under all contracts
entered into during fiscal years 2019 through 2023, excluding
funding arrangements with Indian tribes, regardless of the
number of contracts entered into under the program by the
person or legal entity.
(g) Specialty Crop and Organic Producers.--The Secretary
shall ensure that outreach and technical assistance are
available, and program specifications are appropriate to enable
specialty crop and organic producers to participate in the
program.
(h) Organic Certification.--
(1) Coordination.--The Secretary shall establish a
transparent means by which producers may initiate
organic certification under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.) while
participating in a contract under the program.
(2) Allocation.--
(A) In general.--Using funds made available
for the program for each of fiscal years 2019
through 2023, the Secretary shall allocate
funding to States to support organic production
and transition to organic production through
paragraph (1).
(B) Determination.--The Secretary shall
determine the allocation to a State under
subparagraph (A) based on--
(i) the number of certified and
transitioning organic operations within
the State; and
(ii) the number of acres of certified
and transitioning organic production
within the State.
(i) Regulations.--The Secretary shall promulgate regulations
that--
(1) prescribe such other rules as the Secretary
determines to be necessary to ensure a fair and
reasonable application of the limitations established
under subsection (f); and
(2) otherwise enable the Secretary to carry out the
program.
(j) Streamlining and Coordination.--To the maximum extent
feasible, the Secretary shall provide for streamlined and
coordinated procedures for the program and the environmental
quality incentives program under subchapter A, including
applications, contracting, conservation planning, conservation
practices, and related administrative procedures.
(k) Soil Health.--To the maximum extent feasible, the
Secretary shall manage the program to enhance soil health.
(l) Annual Report.--Each fiscal year, 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 payment
rates for conservation activities offered to producers under
the program and an analysis of whether payment rates can be
reduced for the most expensive conservation activities.
* * * * * * *
Subtitle E--Funding and Administration
* * * * * * *
SEC. 1242. DELIVERY OF TECHNICAL ASSISTANCE.
(a) Definitions.--In this section:
(1) Eligible participant.--The term ``eligible
participant'' means a producer, landowner, or entity
that is participating in, or seeking to participate in,
programs in which the producer, landowner, or entity is
otherwise eligible to participate under this title or
the agricultural management assistance program under
section 524(b) of the Federal Crop Insurance Act (7
U.S.C. 1524(b)).
(2) Third-party provider.--The term ``third-party
provider'' means a commercial entity (including a
farmer cooperative, agriculture retailer, or other
commercial entity (as defined by the Secretary)), a
nonprofit entity, a State or local government
(including a conservation district), or a Federal
agency, that has expertise in the technical aspect of
conservation planning, including nutrient management
planning, watershed planning, or environmental
engineering.
(b) Purpose of Technical Assistance.--The purpose of
technical assistance authorized by this section is to provide
eligible participants with consistent, science-based, site-
specific practices designed to achieve conservation objectives
on land active in agricultural, forestry, or related uses.
(c) Provision of Technical Assistance.--The Secretary shall
provide technical assistance under this title 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.--The Secretary may request the
services of, and enter into cooperative agreements or contracts
with, other agencies within the Department or non-Federal
entities to assist the Secretary in providing technical
assistance necessary to assist in implementing conservation
programs under this title.
(e) Certification of Third-Party Providers.--
(1) Purpose.--The purpose of the third-party provider
program is to increase the availability and range of
technical expertise available to eligible participants
to plan and implement conservation measures.
(2) Regulations.--Not later than 180 days after the
date of the enactment of the Food, Conservation, and
Energy Act of 2008, the Secretary shall promulgate such
regulations as are necessary to carry out this section.
(3) Expertise.--In 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
(C) approve any unique certification
standards established at the State level.
(4) Certification process.--The 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.--The Secretary shall
provide a streamlined certification process for a
third-party provider that has an appropriate specialty
certification, including a sustainability
certification.
(f) Administration.--
(1) Funding.--Effective for fiscal year 2008 and each
subsequent fiscal year, funds of the Commodity Credit
Corporation made available to carry out technical
assistance for each of the programs specified in
section 1241 shall be available for the provision of
technical assistance from third-party providers under
this section.
(2) Term of agreement.--An 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
(C) can be renewed, as determined by the
Secretary.
(3) Review of certification requirements.--Not 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 activities.--The 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.--The Secretary shall not
designate as an activity eligible for payments
to a third-party provider any service that is
provided by a business, or equivalent, in
connection with conducting business and that is
customarily provided at no cost.
(5) Payment amounts.--The Secretary shall establish
fair and reasonable amounts of payments for technical
services provided by third-party providers.
(6) Soil health planning.--The Secretary shall
emphasize the use of third-party providers in providing
technical assistance for soil health planning,
including planning related to the use of cover crops,
precision conservation management, comprehensive
nutrient management planning, and other innovative
plans.
(g) Availability of Technical Services.--
(1) In general.--In carrying out the programs under
this title and the agricultural management assistance
program under section 524 of the Federal Crop Insurance
Act (7 U.S.C. 1524), the Secretary shall make technical
services available to all eligible participants who are
installing an eligible practice.
(2) Technical service contracts.--In any case in
which financial assistance is not provided under a
program referred to in paragraph (1), the Secretary may
enter into a technical service contract with the
eligible participant for the purposes of assisting in
the planning, design, or installation of an eligible
practice.
(h) Review of Conservation Practice Standards.--
(1) Review required.--The Secretary shall--
(A) not later than 1 year after the date of
enactment of the Agriculture Improvement Act of
2018, complete a review of each conservation
practice standard, including engineering design
specifications, in effect on the day before the
date of enactment of that Act;
(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.--In conducting the review under
paragraph (1), the Secretary shall consult with
eligible participants, State technical committees
established under section 1261(a), crop consultants,
cooperative extension and land grant universities,
nongovernmental organizations, and other qualified
entities.
(3) Expedited revision of standards.--Not later than
1 year after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall develop
for the programs under this title 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);
(C) allowing local flexibility in the
creation of--
(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
1261(a) for recommendations that identify
innovations or advancements described in
subparagraph (B).
(4) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 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
(C) conservation innovations that were
considered under that process.
(i) Addressing Concerns of Specialty Crop, Organic, and
Precision Agriculture Producers.--
(1) In general.--The 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.--The Secretary shall ensure
that adequate technical assistance is available
for the implementation of conservation
practices by producers involved with organic,
specialty crop production, or precision
agriculture through Federal conservation
programs.
(B) Requirements.--In 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.
* * * * * * *
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