,,ii #aaeth ,,congress #ast ,session ,s4 #aiff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ag1 #bjag ,ms4 ,stabenow 7for herself and ,mrs4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,food ,security ,act of #aihe to modify the regional conservation partnership program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,regional ,conservation ,partnership ,program ,improvement ,act of #bjag4 #b4 ,establishment and purposes ,section #abga of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 including grant agreements under section #abga;,c7d71 after partnership agreements2 and 7,b7 in paragraph 7#b71 by striking contracts with producers and inserting program contracts with eligible producers2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking use covered programs and inserting carry out conservation activities2 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,to further the conservation1 protection1 restoration1 and sustainable use of soil1 water 7including sources of drinking water71 wildlife1 agricultural land1 and related natural resources on eligible land on a regional or watershed scale4 2 7,c7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting eligible before producers2 and 7ii7 in subparagraph 7,b71 by striking installation and inserting adoption1 installation12 and 7,d7 by adding at the end the following3 7#d7 ,to encourage the flexible and streamlined delivery of conservation assistance to eligible producers through partnership agreements4 7#e7 ,to encourage alignment of partnership projects with other ,federal1 ,state1 and local agencies and programs addressing similar natural resource or environmental concerns in a coordinated manner4 7#f7 ,to engage eligible producers in conservation projects to achieve greater conservation outcomes and benefits for eligible producers than would otherwise be achieved4 7#g7 ,to advance conservation and rural community development goals simultaneously4 4 #c4 ,definitions ,section #abga;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;a7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting a purpose1 activity1 or agreement under any of after means2 and 7,b7 by adding at the end the following3 7,e7 ,the conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d4 7,f7 ,the ,watershed ,protection and ,flood ,prevention ,act 7#af ,u4,s4,c4 #ajja et seq471 other than section #ad of that ,act 7#af ,u4,s4,c4 #ajab74 2 7#b7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,eligible activity ,the term eligible activity means-- 7,a7 an eligible activity under the statutory authority for a covered program2 and 7,b7 any other related activity that an eligible partner determines will help achieve conservation benefits1 subject to the approval of the ,secretary4 7#c7 ,eligible land ,the term eligible land means-- 7,a7 eligible land under the statutory authority for a covered program2 and 7,b7 any other agricultural or nonindustrial private forest land or associated land on which the ,secretary determines an eligible activity would help achieve conservation benefits4 2 7#c7 in paragraph 7#d71 by adding at the end the following3 7,i7 ,an organization described in clause 7i71 7ii71 or 7iii7 of section #abfe;,a7#b77;,b74 2 7#d7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#g71 respectively2 7#e7 by inserting after paragraph 7#d7 the following3 7#e7 ,eligible producer ,the term eligible producer means a person1 legal entity1 or ,indian tribe that is an owner or operator on eligible land4 2 and 7#f7 by adding at the end the following3 7#h7 ,program contract ,the term program contract means the contract established by the ,secretary under section #abga;,c7b77#a74 4 #d4 ,regional conservation partnerships 7a7 ,in general ,section #abga;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;b7 is amended-- 7#a7 in subsection 7a71 by inserting eligible before producers2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,maximum length 7#a7 ,in general ,except as provided in paragraph 7#b71 the term of a partnership agreement shall not be longer than #e years4 7#b7 ,exceptions 7,a7 ,concurrent program deadline ,subject to approval by the ,secretary1 the term of a partnership agreement may be longer than #e years if the longer period is concurrent with a deadline established under a ,state or ,federal program that relates specifically to the project4 7,b7 ,special circumstances ,in the case of special circumstances outside the control of an eligible partner 7as determined by the ,secretary7 that have created a delay in the implementation of a project of the eligible partner1 the eligible partner may request an extension of the term of the partnership agreement4 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by redesignating clauses 7iii7 and 7iv7 as clauses 7iv7 and 7v71 respectively2 and 7,,ii7 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 one or more natural resource concerns that the project shall address2 7ii7 the eligible activities on eligible land to be conducted under the project to address the natural resource concerns2 and 7iii7 the implementation timeline for carrying out the project1 including any interim milestones2 2 7ii7 in subparagraph 7,b71 by inserting eligible before producers2 7iii7 in subparagraph 7,c71 by striking a producer each place it appears and inserting an eligible producer2 7iv7 in subparagraph 7,d71 by inserting or in-kind contributions after additional funds2 and 7v7 in subparagraph 7,e71 by striking of the project's effects2 and and inserting the following3 8of-- 7i7 the progress made by the project in addressing each natural resource concern defined in the partnership agreement1 including in a quantified form2 and 7ii7 as appropriate1 other environmental1 economic1 or social outcomes of the project2 and 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,an eligible and inserting the following3 7,a7 ,in general ,an eligible 2 and 7ii7 by adding at the end the following3 7,b7 ,form ,a contribution of an eligible partner under this paragraph may be in the form of-- 7i7 direct funding2 7ii7 in-kind support2 or 7iii7 a combination of direct funding and in-kind support4 7,c7 ,treatment ,any amounts expended during the period beginning on the date on which the ,secretary announces the approval of an application under subsection 7e7 and ending on the day before the effective date of the partnership agreement by an eligible partner for staff salaries or development of the partnership agreement shall be considered to be a part of the contribution of the eligible partner under this paragraph4 2 7#d7 by redesignating subsection 7d7 as subsection 7e72 7#e7 by inserting after subsection 7c7 the following3 7d7 ,duties of ,secretary ,the ,secretary shall-- 7#a7 establish a timeline for carrying out the duties of the ,secretary under a partnership agreement1 including-- 7,a7 entering into contracts with eligible producers2 7,b7 providing financial assistance to eligible producers2 and 7,c7 in the case of a partnership agreement that is a grant agreement under section #abga;,c7d71 providing the grant amounts to the eligible partner2 7#b7 establish in each ,state a program coordinator for the ,state1 who shall be responsible solely for providing assistance to eligible partners and eligible producers under the program2 7#c7 establish guidance to assist eligible partners with carrying out the assessment required under subsection 7c77#a77;,e72 and 7#d7 provide to each eligible partner that has entered into a partnership agreement-- 7,a7 a quarterly report describing the status of each pending and obligated contract under the project of the eligible partner2 and 7,b7 an annual report describing how the ,secretary used amounts reserved by the ,secretary for that year for technical assistance under section #abga;,d7f74 2 and 7#f7 in subsection 7e7 7as redesignated by paragraph 7#d77-- 7,a7 in paragraph 7#c7-- 7i7 by striking the paragraph designation and heading and all that follows through description of-- and inserting the following3 7#c7 ,contents ,the ,secretary shall develop a simplified application process that requires each application submitted under this subsection to include a description of-- 2 7ii7 in subparagraph 7,c71 by striking 1 including the covered programs to be used2 and 7iii7 in subparagraph 7,d71 by inserting or in-kind after financial2 7,b7 in paragraph 7#d7-- 7i7 in subparagraphs 7,a7 and 7,b71 by inserting eligible before producers each place it appears2 7ii7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,f7 and 7,g71 respectively2 and 7iii7 by inserting after subparagraph 7,d7 the following3 7,e7 develop and implement watershed or habitat plans to address one or more natural resource concerns2 2 and 7,c7 by adding at the end the following3 7#e7 ,funding renewals ,if an eligible partner demonstrates to the satisfaction of the ,secretary that the eligible partner has made progress in addressing one or more natural resource concerns defined in the partnership agreement1 not earlier than #a year before the date of expiration of the partnership agreement1 the eligible partner may request from the ,secretary a renewal of the partnership agreement1 including a renewal of funding1 through an expedited approval process-- 7,a7 to continue to implement the partnership agreement2 7,b7 to expand the scope of the partnership agreement2 7,c7 to enroll additional eligible producers2 or 7,d7 to carry out other conservation activities relating to the project1 including the assessment of the project under subsection 7c77#a77;,e71 as mutually agreed by the ,secretary and the eligible partner4 4 7b7 ,conforming amendment ,section #abga;,e7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;e7a77 is amended by striking #abga;,b7d7 each place it appears and inserting #abga;,b7e74 #e4 ,assistance to eligible producers 7a7 ,in general ,section #abga;,c of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;c7 is amended-- 7#a7 in the section heading1 by inserting eligible before producers2 7#b7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,in general ,an eligible producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the ,secretary4 7b7 ,program contracts 7#a7 ,in general ,the ,secretary shall establish a program contract to be entered into with an eligible producer to conduct eligible activities on eligible land1 subject to such terms and conditions as the ,secretary may establish4 7#b7 ,application bundles 7,a7 ,in general ,an eligible partner may submit to the ,secretary1 on behalf of eligible producers1 a bundle of applications for assistance under the program through program contracts to address a substantial portion of a natural resource concern defined in the partnership agreement4 7,b7 ,priority ,the ,secretary shall give priority to applications described in subparagraph 7,a74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,in accordance with statutory requirements of the covered programs involved1 the ,secretary may make payments to a producer and inserting ,subject to section #abga;,d1 the ,secretary may make payments to an eligible producer2 7,b7 in paragraph 7#b71 by inserting eligible before producers each place it appears2 and 7,c7 in paragraph 7#c71 by striking participating and inserting eligible2 and 7#d7 by adding at the end the following3 7d7 ,funding arrangements through grant agreements 7#a7 ,in general ,a partnership agreement may be a grant agreement entered into with an eligible partner in accordance with this subsection4 7#b7 ,requirements ,under a grant agreement under paragraph 7#a7-- 7,a7 using amounts made available to carry out this subtitle1 the ,secretary shall provide to the eligible partner a grant2 7,b7 the eligible partner shall carry out eligible activities on eligible land 7including by contracting with one or more producers1 if the eligible partner determines the contracting to be appropriate71 on the condition that the eligible activities directly or indirectly benefit agricultural producers 7including forestry producers71 to address natural resource concerns on a regional or watershed scale2 such as-- 7i7 infrastructure investments relating to agricultural or nonindustrial private forest production that would benefit multiple producers1 such as a multiproducer irrigation water delivery system2 7ii7 projects addressing water quality or quantity concerns in coordination with producers1 including the development and implementation of watershed plans2 7iii7 projects that use innovative approaches to leveraging the ,federal investment in conservation with private financial mechanisms1 in conjunction with agricultural production or forest resource management2 such as-- 7,i7 the provision of performance-based payments to eligible producers2 and 7,,ii7 support for an environmental market2 7iv7 projects that facilitate pilot testing of new conservation practices1 technologies1 or activities2 7v7 projects that promote the long-term viability and sustainability of agricultural land through innovative agricultural land protection strategies and mechanisms1 including projects that support the transfer of land to beginning farmers and ranchers1 veteran farmers and ranchers 7as determined by the ,secretary71 socially disadvantaged farmers and ranchers1 and limited resource farmers and ranchers 7as determined by the ,secretary72 and 7vi7 other projects for which the ,secretary determines that the goals and objectives of the program would be easier to achieve through the grant agreement2 and 7,c7 the ,secretary may provide technical and administrative assistance1 as mutually agreed by the parties4 7#c7 ,nonapplicability of adjusted gross income limitation ,the adjusted gross income limitation described in section #ajja;,d7b77#a7 shall not apply to the receipt by an eligible partner of a grant under this subsection4 7#d7 ,limitation ,the ,secretary may not use more than #cj percent of funding made available to carry out the program for grant agreements4 7#e7 ,reports ,an eligible partner that enters into a grant agreement under this subsection shall submit to the ,secretary-- 7,a7 any information that the ,secretary requires to prepare the report under section #abga;,e7b72 and 7,b7 an annual report that describes the status of the project carried out by the eligible partner1 including a description of-- 7i7 the use of the grant funds2 7ii7 any subcontracts awarded using grant funds2 7iii7 the eligible producers receiving funding using the grant funds2 7iv7 7,i7 the progress made by the project in addressing each natural resource concern defined in the grant agreement1 including in a quantified form2 and 7,,ii7 as appropriate1 other environmental1 economic1 or social outcomes of the project2 and 7v7 any other reporting data the ,secretary determines are necessary to ensure compliance with the program rules4 4 7b7 ,conforming amendment ,section #abga;,e7b77#d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;e7b77#d77 is amended in the matter preceding subparagraph 7,a7 by striking #abga;,c7b77#b7 and inserting #abga;,c7d74 #f4 ,funding 7a7 ,in general ,section #abga;,d of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;d7 is amended-- 7#a7 in subsection 7a71 by striking for each of fiscal years #bjad through #bjah and inserting for each fiscal year2 7#b7 in subsection 7c71 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,to ensure that additional resources are available to carry out the program1 in addition to the funds made available under subsection 7a71 for each fiscal year the ,secretary shall reserve #bj percent of the funds and acres made available for the following programs3 7,a7 ,the conservation stewardship program established under subchapter ,b of chapter #b of subtitle ,d4 7,b7 ,the environmental quality incentives program established under chapter #d of subtitle ,d4 7,c7 ,the agricultural conservation easement program established under subtitle ,h4 7#b7 ,duration of availability ,any funds or acres reserved under paragraph 7#a7 shall remain available for obligation only for the purposes of carrying out the program until expended4 7#c7 ,distribution of funds ,to the maximum extent practicable1 of projects receiving funds or acres reserved under paragraph 7#a7 from a program described in subparagraph 7,a71 7,b71 or 7,c7 of that paragraph1 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 program4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking #be percent of the funds and acres to projects based on a ,state competitive process administered by the ,state ,conservationist1 with the advice of the ,state technical committee and inserting the following3 #dj percent of the funds and acres to projects based on a ,state or multistate competitive process administered1 as applicable1 by the ,state ,conservationist or jointly by the ,state ,conservationists of each ,state participating in the multistate process1 with the advice of the applicable ,state technical committees2 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7,d7 in paragraph 7#b7 7as so redesignated71 by striking #ce percent and inserting #fj percent2 7#d7 in subsection 7e7-- 7,a7 by striking ,none of the funds and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 none of the funds 2 and 7,b7 by adding at the end the following3 7#b7 ,project development and outreach ,under a partnership agreement1 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 7including activities conducted during the period beginning on the date on which the ,secretary announces the approval of an application under section #abga;,b7e7 and ending on the day before the effective date of the partnership agreement71 including-- 7,a7 providing outreach and education to eligible producers for potential participation in the project2 7,b7 developing a watershed or habitat plan2 7,c7 establishing baseline metrics to support the development of the assessment required under section #abga;,b7c77#a77;,e72 or 7,d7 providing technical assistance to eligible producers4 2 and 7#e7 by adding at the end the following3 7f7 ,technical assistance 7#a7 ,in general ,at the time of project selection1 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 agreement4 7#b7 ,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 agreement4 7#c7 ,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 agreement4 4 7b7 ,conforming amendment ,section #abga;,f7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;f7a77 is amended by striking #abga;,d7d77#c7 and inserting #abga;,d7d77#b74 #g4 ,administration ,section #abga;,e of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;e7 7as amended by section #e7;b77 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,december #ca1 #bjad and inserting ,december #ca1 #bjah2 7,b7 in paragraphs 7#a7 and 7#b71 by inserting eligible before producers each place it appears2 7,c7 by redesignating paragraphs 7#a7 through 7#d7 as paragraphs 7#b7 through 7#e71 respectively2 and 7,d7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 a summary of-- 7,a7 the progress made towards addressing the one or more natural resource concerns defined for the projects2 and 7,b7 any other related environmental1 social1 or economic outcomes of the projects2 2 and 7#b7 by adding at the end the following3 7c7 ,compliance with certain requirements ,the ,secretary may not provide assistance under the program to an eligible producer unless the eligible producer agrees1 during the program year for which the assistance is provided-- 7#a7 to comply with applicable conservation requirements under subtitle ,b2 and 7#b7 to comply with applicable wetland protection requirements under subtitle ,c4 7d7 ,maintaining benefits 7#a7 ,conservation ,for any conservation practice standard developed or modified by an eligible partner1 the ,secretary shall ensure that the new or modified conservation practice standard-- 7,a7 is based on the best available science2 7,b7 is implemented after consultation with the ,state conservationist 7or a designee7 to assess the anticipated effectiveness of the new or modified conservation practice2 and 7,c7 produces conservation benefits4 7#b7 ,eligible activities ,the ,secretary shall ensure that any eligible activity maintains conservation benefits in accordance with purposes of the covered program4 7#c7 ,historically underserved producers ,to the maximum extent practicable1 in carrying out the program1 the ,secretary shall work with eligible partners to maintain eligible benefits available through the covered programs for historically underserved eligible producers1 as determined by the ,secretary4 7e7 ,regulations ,the ,secretary shall issue regulations to carry out the program4 4 #h4 ,critical conservation areas ,section #abga;,f of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;f7 is amended-- 7#a7 in subsection 7a71 by striking producer and inserting program2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,e71 by inserting eligible before producers2 and 7,b7 in paragraph 7#b71 by striking the paragraph designation and heading and all that follows through an area if and inserting the following3 7#b7 ,review and withdrawal ,the ,secretary may-- 7,a7 review designations of critical conservation areas under this section not more than once every #e years2 and 7,b7 withdraw designation of a critical conservation area only if 2 7#c7 by redesignating subsection 7c7 as subsection 7d72 7#d7 by inserting after subsection 7b7 the following3 7c7 ,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 areas1 as determined by the ,secretary4 2 and 7#e7 in subsection 7d7 7as so redesignated7-- 7,a7 in paragraph 7#a71 by striking producer and inserting program2 and 7,b7 by striking paragraph 7#c74