[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5487 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5487
To amend the Food Security Act of 1985 to modify the regional
conservation partnership program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 12, 2018
Mr. Costa introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to modify the regional
conservation partnership program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Conservation Partnership
Program Improvement Act of 2018''.
SEC. 2. ESTABLISHMENT AND PURPOSES.
Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
grant agreements under section 1271C(d),'' after
``partnership agreements''; and
(B) in paragraph (2), by striking ``contracts with
producers'' and inserting ``program contracts with
eligible producers''; and
(2) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``use covered programs''
and inserting ``carry out conservation activities'';
(B) by striking paragraph (2) and inserting the
following:
``(2) To further the conservation, protection, restoration,
and sustainable use of soil, water (including sources of
drinking water), wildlife, agricultural land, and related
natural resources on eligible land on a regional or watershed
scale.'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``eligible'' before
``producers''; and
(ii) in subparagraph (B), by striking
``installation'' and inserting ``adoption,
installation,''; and
(D) by adding at the end the following:
``(4) To encourage the flexible and streamlined delivery of
conservation assistance to eligible producers through
partnership agreements.
``(5) To encourage alignment of partnership projects with
other Federal, State, and local agencies and programs
addressing similar natural resource concerns in a coordinated
manner.
``(6) To engage eligible producers in conservation projects
to achieve greater conservation outcomes and benefits for
eligible producers than would otherwise be achieved.
``(7) To advance conservation and rural community
development goals simultaneously.''.
SEC. 3. DEFINITIONS.
Section 1271A of the Food Security Act of 1985 (16 U.S.C. 3871a) is
amended--
(1) in paragraph (1) by adding at the end the following:
``(E) The conservation reserve program established
under subchapter B of chapter 1 of subtitle D.'';
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Eligible activity.--The term `eligible activity'
means--
``(A) an eligible activity under the statutory
authority for a covered program; and
``(B) any other related activity that an eligible
partner determines will help achieve conservation
benefits, subject to the approval of the Secretary.
``(3) Eligible land.--The term `eligible land' means--
``(A) eligible land under the statutory authority
for a covered program; and
``(B) any other agricultural or nonindustrial
private forest land or associated land on which the
Secretary determines an eligible activity would help
achieve conservation benefits.'';
(3) in paragraph (4), in subparagraph (E), by inserting
``management or'' after ``specific water'';
(4) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(5) by inserting after paragraph (4) the following:
``(5) Eligible producer.--The term `eligible producer'
means a person, legal entity, or Indian tribe that is an owner
or operator of eligible land.''; and
(6) by adding at the end the following:
``(8) Program contract.--The term `program contract' means
a contract established by the Secretary under section
1271C(a).''.
SEC. 4. REGIONAL CONSERVATION PARTNERSHIPS.
(a) In General.--Section 1271B of the Food Security Act of 1985 (16
U.S.C. 3871b) is amended--
(1) in subsection (a), by inserting ``eligible'' before
``producers'';
(2) by striking subsection (b) and inserting the following:
``(b) Maximum Length.--
``(1) In general.--Except as provided in paragraph (2), the
term of a partnership agreement shall not be longer than 5
years.
``(2) Exceptions.--
``(A) Concurrent program deadline.--The Secretary
may enter into a partnership agreement for a term that
is longer than 5 years if the eligible partner with
which the Secretary enters into such agreement is a
participant in a State or Federal program that relates
specifically to the project that is the subject of the
partnership agreement and such participation is for a
term longer than 5 years.
``(B) Special circumstances.--Upon request by an
eligible partner, the Secretary may extend the term of
a partnership agreement with the eligible partner if
the Secretary determines that special circumstances
outside the control of the eligible partner have
created a delay in the implementation of a project that
is a subject of the partnership agreement.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by redesignating clauses (iii)
and (iv) as clauses (iv) and (v),
respectively; and
(II) by striking clauses (i) and
(ii) and inserting the following:
``(i) 1 or more natural resource concerns
that the project will address;
``(ii) the eligible activities to be
conducted under the project to address the
natural resource concerns;
``(iii) the implementation timeline for
carrying out the project, including any interim
milestones;'';
(ii) in subparagraph (B), by inserting
``eligible'' before ``producers'';
(iii) in subparagraph (C), by striking ``a
producer'' each place it appears and inserting
``an eligible producer'';
(iv) in subparagraph (D), by inserting ``or
in-kind contributions'' after ``additional
funds''; and
(v) in subparagraph (E), by striking ``of
the project's effects; and'' and inserting the
following: ``of--
``(i) the progress made by the project in
addressing each natural resource concern
defined under subparagraph (A), including in a
quantified form; and
``(ii) as appropriate, other environmental,
economic, or social outcomes of the project;
and''; and
(B) in paragraph (2)--
(i) by striking ``An eligible'' and
inserting the following:
``(A) In general.--An eligible''; and
(ii) by adding at the end the following:
``(B) Form.--A contribution of an eligible partner
under this paragraph may be in the form of--
``(i) direct funding; or
``(ii) in-kind support.
``(C) Treatment.--Any amounts expended before the
effective date of a partnership agreement under this
section by an eligible partner for staff salaries for
development of the partnership agreement shall be
considered to be a part of the contribution of the
eligible partner under this paragraph.'';
(4) by redesignating subsection (d) as subsection (e);
(5) by inserting after subsection (c) the following:
``(d) Duties of Secretary.--The Secretary shall--
``(1) establish a timeline for carrying out the duties of
the Secretary under a partnership agreement, including--
``(A) entering into contracts with eligible
producers;
``(B) providing financial assistance to eligible
producers; and
``(C) in the case of a partnership agreement that
is a grant agreement under section 1271C(d), providing
the grant amounts to the eligible partner;
``(2) establish in each State a program coordinator for the
State, who shall be responsible solely for providing assistance
to eligible partners and eligible producers under the program;
``(3) establish guidance to assist eligible partners with
carrying out the assessment required under subsection
(c)(1)(E); and
``(4) provide to each eligible partner that has entered
into a partnership agreement--
``(A) a quarterly report describing the status of
each pending and obligated contract under the project
of the eligible partner; and
``(B) an annual report describing how the Secretary
used amounts reserved by the Secretary for that year
for technical assistance under section 1271D(f).''; and
(6) in subsection (e) (as redesignated by paragraph (4))--
(A) in paragraph (3)--
(i) by striking the paragraph designation
and heading and all that follows through
``description of--'' and inserting the
following:
``(3) Contents.--The Secretary shall develop a simplified
application process that requires each application submitted
under this subsection to include a description of--'';
(ii) in subparagraph (C), by striking ``,
including the covered programs to be used'';
and
(iii) in subparagraph (D), by inserting
``or in-kind'' after ``financial'';
(B) in paragraph (4)--
(i) in subparagraphs (A) and (B), by
inserting ``eligible'' before ``producers''
each place it appears;
(ii) by redesignating subparagraphs (E) and
(F) as subparagraphs (F) and (G), respectively;
and
(iii) by inserting after subparagraph (D)
the following:
``(E) develop and implement watershed or habitat
plans to address 1 or more natural resource
concerns;''; and
(C) by adding at the end the following:
``(5) Funding renewals.--If an eligible partner
demonstrates to the satisfaction of the Secretary that the
eligible partner has made progress in addressing 1 or more
natural resource concerns defined in the partnership agreement,
not earlier than 1 year before the date of expiration of the
partnership agreement, the eligible partner may request from
the Secretary a renewal of the partnership agreement, including
a renewal of funding, through an expedited approval process--
``(A) to continue to implement the partnership
agreement;
``(B) to expand the scope of the partnership
agreement;
``(C) to enroll additional eligible producers; or
``(D) to carry out other conservation activities
relating to the project, including the assessment of
the project under subsection (c)(1)(E), as mutually
agreed by the Secretary and the eligible partner.''.
(b) Conforming Amendment.--Section 1271E(a) of the Food Security
Act of 1985 (16 U.S.C. 3871e(a)) is amended by striking ``1271B(d)''
each place it appears and inserting ``1271B(e)''.
SEC. 5. ASSISTANCE TO ELIGIBLE PRODUCERS.
(a) In General.--Section 1271C of the Food Security Act of 1985 (16
U.S.C. 3871c) is amended--
(1) in the section heading, by inserting ``eligible''
before ``producers'';
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary may enter into contracts with
eligible producers to provide to such eligible producer financial or
technical assistance to conduct eligible activities on eligible land,
subject to such terms and conditions as the Secretary considers
appropriate.
``(b) Aggregated Applications.--
``(1) In general.--For the purposes of addressing a natural
resources concern that would be benefitted by the submission of
an aggregated application, an eligible partner may submit to
the Secretary, on behalf multiple eligible producers, such
aggregated application for a contract for assistance under this
section.
``(2) Priority.--The Secretary shall give priority to such
aggregated applications described in paragraph (1).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``In accordance
with statutory requirements of the covered programs
involved, the Secretary may make payments to a
producer'' and inserting ``Subject to section 1271D,
the Secretary may make payments to an eligible
producer'';
(B) in paragraph (2), by inserting ``eligible''
before ``producers'' each place it appears; and
(C) in paragraph (3), by striking ``participating''
and inserting ``eligible''; and
(4) by adding at the end the following:
``(d) Funding Arrangements Through Grant Agreements.--
``(1) In general.--A contract entered into under this
section may be a grant agreement entered into with an eligible
partner in accordance with this subsection.
``(2) Requirements.--Under a grant agreement under
paragraph (1)--
``(A) using amounts made available to carry out
this subtitle, the Secretary shall provide to the
eligible partner a grant;
``(B) the eligible partner shall carry out eligible
activities on eligible land (including by contracting
with 1 or more producers, if the eligible partner
determines the contracting to be appropriate), on the
condition that the eligible activities directly or
indirectly benefit agricultural producers (including
forestry producers), to address natural resource
concerns on a regional or watershed scale, such as--
``(i) infrastructure investments relating
to agricultural or nonindustrial private forest
production that would benefit multiple
producers, such as a multiproducer irrigation
water delivery system;
``(ii) projects addressing water quality or
quantity concerns in coordination with
producers, including the development and
implementation of watershed plans;
``(iii) projects that use innovative
approaches to leveraging the Federal investment
in conservation with private financial
mechanisms, in conjunction with agricultural
production or forest resource management, such
as--
``(I) the provision of performance-
based payments to eligible producers;
and
``(II) support for an environmental
market;
``(iv) projects that promote groundwater
replenishment;
``(v) projects that facilitate pilot
testing of new conservation practices,
technologies, or activities;
``(vi) projects that promote the long-term
viability and sustainability of agricultural
land through innovative agricultural land
protection strategies and mechanisms, including
projects that support the transfer of land to
beginning farmers and ranchers, veteran farmers
and ranchers (as determined by the Secretary),
socially disadvantaged farmers and ranchers,
and limited resource farmers and ranchers (as
determined by the Secretary); and
``(vii) other projects for which the
Secretary determines that the goals and
objectives of the program would be easier to
achieve through the grant agreement; and
``(C) the Secretary may provide technical and
administrative assistance, as mutually agreed by the
parties.
``(3) Nonapplicability of adjusted gross income
limitation.--The adjusted gross income limitation described in
section 1001D(b)(1) shall not apply to the receipt by an
eligible partner of a grant under this subsection.
``(4) Limitation.--The Secretary may not use more than 30
percent of funding made available to carry out the program for
grant agreements.
``(5) Reports.--An eligible partner that enters into a
grant agreement under this subsection shall submit to the
Secretary--
``(A) any information that the Secretary requires
to prepare the report under section 1271E(b); and
``(B) an annual report that describes the status of
the project carried out by the eligible partner,
including a description of--
``(i) the use of the grant funds;
``(ii) any subcontracts awarded using grant
funds;
``(iii) the eligible producers receiving
funding using the grant funds;
``(iv)(I) the progress made by the project
in addressing each natural resource concern
defined in the grant agreement, including in a
quantified form; and
``(II) as appropriate, other environmental,
economic, or social outcomes of the project;
and
``(v) any other reporting data the
Secretary determines are necessary to ensure
compliance with the program rules.''.
(b) Conforming Amendment.--Section 1271E(b)(4) of the Food Security
Act of 1985 (16 U.S.C. 3871e(b)(4)) is amended in the matter preceding
subparagraph (A) by striking ``1271C(b)(2)'' and inserting
``1271C(d)''.
SEC. 6. FUNDING.
(a) In General.--Section 1271D of the Food Security Act of 1985 (16
U.S.C. 3871d) is amended--
(1) in subsection (a), by striking ``for each of fiscal
years 2014 through 2018'' and inserting ``for each fiscal
year'';
(2) in subsection (c), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--To ensure that additional resources are
available to carry out the program, in addition to the funds
made available under subsection (a), for each fiscal year the
Secretary shall reserve 7 percent of the funds and acres made
available for the following programs:
``(A) The conservation stewardship program
established under subchapter B of chapter 2 of subtitle
D.
``(B) The environmental quality incentives program
established under chapter 4 of subtitle D.
``(C) The agricultural conservation easement
program established under subtitle H.
``(2) Duration of availability.--Any funds or acres
reserved under paragraph (1) shall remain available for
obligation only for the purposes of carrying out the program
until expended.
``(3) Distribution of funds.--To the maximum extent
practicable, of projects receiving funds or acres reserved
under paragraph (1) from a program described in subparagraph
(A), (B), or (C) of that paragraph, the percentage of projects
that shall have purposes similar to the purposes of the
applicable program from which funds or acres were reserved
shall be approximately equal to the percentage of funds or
acres reserved from the applicable program.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``25 percent of
the funds and acres to projects based on a State
competitive process administered by the State
Conservationist, with the advice of the State technical
committee'' and inserting the following: ``40 percent
of the funds and acres to projects based on a State or
multistate competitive process administered, as
applicable, by the State Conservationist or jointly by
the State Conservationists of each State participating
in the multistate process, with the advice of the
applicable State technical committees'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) in paragraph (2) (as so redesignated), by
striking ``35 percent'' and inserting ``60 percent'';
(4) in subsection (e)--
(A) by striking ``None of the funds'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2),
none of the funds''; and
(B) by adding at the end the following:
``(2) Project development and outreach.--Under a
partnership agreement, the Secretary may advance reasonable
amounts of funding for technical assistance to eligible
partners to conduct project development and outreach activities
in a project area (including activities conducted before the
effective date of the partnership agreement), including--
``(A) providing outreach and education to eligible
producers for potential participation in the project;
``(B) developing a watershed or habitat plan;
``(C) establishing baseline metrics to support the
development of the assessment required under section
1271B(c)(1)(E); or
``(D) providing technical assistance to eligible
producers.''; and
(5) by adding at the end the following:
``(f) Technical Assistance.--
``(1) In general.--At the time of project selection, the
Secretary shall identify and make publically available the
amount that the Secretary shall use to provide technical
assistance under the terms of the partnership agreement.
``(2) Limitation.--The Secretary shall limit costs of the
Secretary for technical assistance to costs specific and
necessary to carry out the objectives of the partnership
agreement.
``(3) Third-party providers.--The Secretary shall develop
and implement strategies to encourage third-party technical
service providers to provide technical assistance to eligible
partners pursuant to a partnership agreement.''.
(b) Conforming Amendment.--Section 1271F(a) of the Food Security
Act of 1985 (16 U.S.C. 3871f(a)) is amended by striking ``1271D(d)(3)''
and inserting ``1271D(d)(2)''.
SEC. 7. ADMINISTRATION.
Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e)
(as amended by section 5(b)) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``December 31, 2014'' and inserting ``December
31, 2018'';
(B) in paragraphs (1) and (2), by inserting
``eligible'' before ``producers'' each place it
appears;
(C) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(D) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) a summary of--
``(A) the progress made towards addressing the 1 or
more natural resource concerns defined for the
projects; and
``(B) any other related environmental, social, or
economic outcomes of the projects;''; and
(2) by adding at the end the following:
``(c) Compliance With Certain Requirements.--The Secretary may not
provide assistance under the program to an eligible producer unless the
eligible producer agrees, during the program year for which the
assistance is provided--
``(1) to comply with applicable conservation requirements
under subtitle B; and
``(2) to comply with applicable wetland protection
requirements under subtitle C.
``(d) Maintaining Benefits.--
``(1) Conservation.--For any conservation practice standard
developed or modified by an eligible partner and any related
activity described in section 1271A(2)(B), the Secretary shall
ensure that the new or modified conservation practice standard
or related activity--
``(A) is based on the best available science;
``(B) is implemented after consultation with the
State conservationist (or a designee) to assess the
anticipated effectiveness of the new or modified
conservation practice; and
``(C) produces conservation benefits.
``(2) Historically underserved producers.--To the maximum
extent practicable, in carrying out the program, the Secretary
shall work with eligible partners to maintain eligible benefits
available through the covered programs for historically
underserved eligible producers, as determined by the Secretary.
``(e) Regulations.--The Secretary shall issue regulations to carry
out the program.''.
SEC. 8. CRITICAL CONSERVATION AREAS.
Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is
amended--
(1) in subsection (a), by striking ``producer'' and
inserting ``program'';
(2) in subsection (b)--
(A) in paragraph (1)(E), by inserting ``eligible''
before ``producers'';
(B) by amending paragraph (2) to read as follows:
``(2) Review of designations.--The Secretary may--
``(A) review designations of critical conservation
areas under this section not more than once every 5
years;
``(B) withdraw a designation of a critical
conservation area only if--
``(i) the designated area no longer meets
the conditions described in paragraph (1); and
``(ii) the withdrawal has been approved by
favorable resolutions of the Senate Agriculture
Committee and House Agriculture Committee.'';
and
(C) in paragraph (3), by striking ``8'' and
inserting ``10'';
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following:
``(c) Outreach to Eligible Partners and Eligible Producers.--The
Secretary shall provide outreach and education to eligible partners and
eligible producers in critical conservation areas designated under this
section to encourage the development of projects that address the
highest-priority natural resource concerns in the highest-priority
watersheds or regions within those critical conservation areas, as
determined by the Secretary.''; and
(5) in subsection (d) (as so redesignated)--
(A) in paragraph (1), by striking ``producer'' and
inserting ``program''; and
(B) by striking paragraph (3).
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