“(1) In general.—Except as”
; and
“(2) Duty of the secretary.—No person shall become ineligible under paragraph (1) if the Secretary determines that an exemption under section 1222(b) applies to that person.”
“(1) In general.—No program”
“(2) Exception.—The Secretary may conduct an on-site visit under paragraph (1) without the affected person present if the Secretary has made a reasonable effort to include the presence of the affected person at the on-site visit.”
“(B) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023.”
“(4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to—
“(A) a grass sod waterway;
“(B) a contour grass sod strip;
“(C) a prairie strip;
“(D) a filterstrip;
“(E) a riparian buffer;
“(F) a wetland or a wetland buffer;
“(G) a saturated buffer;
“(H) a bioreactor; or
“(I) another similar water quality practice, as determined by the Secretary;”
“(7) as determined by the Secretary, land—
“(A) that was enrolled in the conservation reserve program under a 15-year contract that expired on September 30, 2017, or September 30, 2018;
“(B) for which there was no opportunity for additional enrollment in that program; and
“(C) on which the conservation practice under the expired contract under subparagraph (A) is maintained.”
“(A) fiscal year 2019, not more than 24,000,000 acres;
“(B) fiscal year 2020, not more than 24,500,000 acres;
“(C) fiscal year 2021, not more than 25,000,000 acres;
“(D) fiscal year 2022, not more than 25,500,000 acres; and
“(E) fiscal year 2023, not more than 27,000,000 acres.”
“(A) Limitation.—For purposes of applying the limitations in paragraph (1)—
“(i) the Secretary shall enroll and maintain in the conservation reserve not fewer than 2,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and
“(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
“(I) fiscal year 2019, 1,000,000 acres;
“(II) fiscal year 2020, 1,500,000 acres; and
“(III) fiscal years 2021 through 2023, 2,000,000 acres.
“(B) Priority.—In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary—
“(i) with expiring conservation reserve contracts;
“(ii) at risk of conversion or development; or
“(iii) of ecological significance, including land that—
“(I) may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
“(II) may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
“(III) improves or creates wildlife habitat corridors.”
“(i) In general.—In enrolling”
“(ii) Timing of grassland ranking period.—For purposes of grasslands described in subsection (b)(3), the Secretary shall announce at least 1 ranking period subsequent to the announcement of general enrollment offers.”
; and
“(D) Reservation of unenrolled acres.—If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause (ii) or (iii) of subparagraph (A) for the fiscal year—
“(i) the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3); and
“(ii) that number of acres shall not be available for the enrollment of any other type of eligible land.”
; and
“(3) Water quality practices to foster clean lakes, estuaries, and rivers (clear initiative).—
“(A) In general.—The Secretary shall give priority within continuous enrollment under paragraph (6) to the enrollment of land described in subsection (b)(4).
“(B) Sediment and nutrient loadings.—In carrying out subparagraph (A), the Secretary shall give priority to the implementation of practices on land that, if enrolled, will help reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary.
“(C) Acreage.—
“(i) In general.—Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous enrollment under paragraph (6) shall be of land described in subsection (b)(4).
“(ii) Limitation.—The acres described in clause (i) shall not include grasslands described in subsection (b)(3).
“(D) Report.—The Secretary shall—
“(i) in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments through the priority under this paragraph; and
“(ii) publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph—
“(I) new enrollments;
“(II) expirations;
“(III) geographic distribution; and
“(IV) estimated water quality benefits.
“(4) State enrollment rates.—At the beginning of each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each year for enrollment in the conservation reserve, in accordance with historical State enrollment rates, taking into consideration—
“(A) the average number of acres of all land enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016;
“(B) the average number of acres of all land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and
“(C) the acres available for enrollment during each of fiscal years 2019 through 2023, excluding acres described in paragraph (2).
“(5) Frequency.—In carrying out this subchapter, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup and enrollment not less often than once each year.
“(6) Continuous enrollment procedure.—
“(A) In general.—To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in—
“(i) the conservation reserve of—
“(I) marginal pasture land described in subsection (b)(2);
“(II) land described in subsection (b)(4); and
“(III) cropland described in subsection (b)(5); and
“(ii) the conservation reserve enhancement program under section 1231A.
“(B) Limitation.—For purposes of applying the limitations in paragraph (1)—
“(i) the Secretary shall, to the maximum extent practicable, enroll and maintain not fewer than 8,600,000 acres of land under subparagraph (A) by September 30, 2023; and
“(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
“(I) fiscal year 2019, 8,000,000 acres;
“(II) fiscal year 2020, 8,250,000 acres;
“(III) fiscal year 2021, 8,500,000 acres; and
“(IV) fiscal years 2022 and 2023, 8,600,000 acres.”
“(1) In general.—On the expiration”
; and
“(2) Reenrollment limitation for certain land.—
“(A) In general.—Except as provided in subparagraph (B), land subject to a contract entered into under this subchapter shall be eligible for only one reenrollment in the conservation reserve under paragraph (1) if the land is devoted to hardwood trees.
“(B) Exclusions.—Subparagraph (A) shall not apply to—
“(i) riparian forested buffers;
“(ii) forested wetlands enrolled under subsection (d)(3) or the conservation reserve enhancement program under section 1231A; and
“(iii) shelterbelts.”
“SEC. 1231A. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
“(a) Definitions.—In this section:
“(1) CREP.—The term ‘CREP’ means a conservation reserve enhancement program carried out under subsection (b)(1).
“(2) Eligible land.—The term ‘eligible land’ means land that is eligible to be included in the program established under this subchapter.
“(3) Eligible partner.—The term ‘eligible partner’ means—
“(A) a State;
“(B) a political subdivision of a State;
“(C) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or
“(D) a nongovernmental organization.
“(4) Management.—The term ‘management’ means an activity conducted by an owner or operator under a contract entered into under this subchapter after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice—
“(A) throughout the term of the contract; and
“(B) consistent with the conservation plan that covers the eligible land.
“(b) Agreements.—
“(1) In general.—The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—
“(A) to assist in enrolling eligible land in the program established under this subchapter; and
“(B) that the Secretary determines will advance the purposes of this subchapter.
“(2) Contents.—An agreement entered into under paragraph (1) shall—
“(A) describe—
“(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;
“(ii) quantifiable environmental goals for addressing the concerns under clause (i);
“(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary;
“(iv) the location of eligible land to be enrolled in the project area identified under the agreement;
“(v) the payments to be offered by the Secretary and eligible partner to an owner or operator; and
“(vi) an appropriate list of conservation reserve program conservation practices that are appropriate to meeting the concerns described under clause (i), as determined by the Secretary in consultation with eligible partners;
“(B) subject to subparagraph (C), require the eligible partner to provide matching funds—
“(i) in an amount determined during a negotiation between the Secretary and 1 or more eligible partners, if the majority of the matching funds to carry out the agreement are provided by 1 or more eligible partners that are not nongovernmental organizations; or
“(ii) in an amount not less than 30 percent of the cost required to carry out the conservation measures and practices described in the agreement, if a majority of the matching funds to carry out the agreement are provided by 1 or more nongovernmental organizations; and
“(C) include procedures to allow for a temporary waiver of the matching requirements under subparagraph (B), or continued enrollment with a temporary suspension of incentives or eligible partner contributions for new agreements, during a period when an eligible partner loses the authority or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued enrollment with a temporary suspension will advance the purposes of this subchapter.
“(3) Effect on existing agreements.—
“(A) In general.—Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subchapter.
“(B) Modification of existing agreements.—To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before the date of enactment of this section under the Conservation Reserve Enhancement Program established by the Secretary under this subchapter.
“(c) Payments.—
“(1) Matching requirement.—Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance, as determined by the Secretary.
“(2) Marginal pastureland cost-share payments.—The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a CREP reflect the fair market value of the cost of installation.
“(3) Cost-share and practice incentive payments.—
“(A) In general.—On request of an owner or operator, the Secretary shall provide cost-share payments when a major component of a conservation practice is completed under a CREP, as determined by the Secretary.
“(B) Exemption.—For purposes of implementing conservation practices on land enrolled under a CREP, the Secretary may waive the contribution limitation described in section 1234(b)(2)(A).
“(4) Riparian buffer management payments.—
“(A) In general.—In the case of an agreement under subsection (b)(1) that includes riparian buffers as an eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land.
“(B) Limitation.—The amount of payments received by an owner or operator under subparagraph (A) shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under section 1261(a).
“(d) Forested Riparian Buffer Practice.—
“(1) Food-producing woody plants.—In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible practice, the Secretary shall allow an owner or operator—
“(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—
“(i) the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and
“(ii) the planting shall be consistent with—
“(I) recommendations of the applicable State technical committee established under section 1261(a); and
“(II) technical guide standards of the applicable field office of the Natural Resources Conservation Service; and
“(B) to harvest from plants described in subparagraph (A), on the conditions that—
“(i) the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the CREP;
“(ii) only native plant species appropriate to the region shall be used within 35 feet of the watercourse; and
“(iii) the producer shall be subject to a reduction in the rental rate commensurate to the value of the crop harvested.
“(2) Technical assistance.—For the purpose of enrolling forested riparian buffers in a CREP, the Administrator of the Farm Service Agency shall coordinate with the applicable State forestry agency.
“(e) Drought and Water Conservation Agreements.—In the case of an agreement under subsection (b)(1) to address regional drought concerns, in accordance with the conservation purposes of the CREP, the Secretary, in consultation with the applicable State technical committee established under section 1261(a), may—
“(1) notwithstanding subsection (a)(2), enroll other agricultural land on which the resource concerns identified in the agreement can be addressed if the enrollment of the land is critical to the accomplishment of the purposes of the agreement;
“(2) permit dryland agricultural uses with the adoption of best management practices on enrolled land if the agreement involves the significant long-term reduction of consumptive water use and dryland production is compatible with the agreement; and
“(3) calculate annual rental payments consistent with existing administrative practice for similar drought and water conservation agreements under this subtitle and ensure regional consistency in those rates.
“(f) Status Report.—Not later than 180 days after the end of each fiscal year, the Secretary shall submit to Congress a report that describes, with respect to each agreement entered into under subsection (b)(1)—
“(1) the status of the agreement;
“(2) the purposes and objectives of the agreement;
“(3) the Federal and eligible partner commitments made under the agreement; and
“(4) the progress made in fulfilling those commitments.”
“SEC. 1231C. PILOT PROGRAMS.
“(a) CLEAR 30.—
“(1) In general.—
“(A) Enrollment.—The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a ‘CLEAR 30 contract’) in accordance with this subsection.
“(B) Inclusion of acreage limitation.—For purposes of applying the limitations in section 1231(d)(1), the Secretary shall include acres of land enrolled under this subsection.
“(2) Expired conservation contract election.—
“(A) Definition of covered contract.—In this paragraph, the term ‘covered contract’ means a contract entered into under this subchapter that—
“(i) expires on or after the date of enactment of the Agriculture Improvement Act of 2018; and
“(ii) covers land enrolled in the conservation reserve program under the clean lakes, estuaries, and rivers priority described in section 1231(d)(3) (or the predecessor practices that constitute the priority, as determined by the Secretary).
“(B) Election.—On the expiration of a covered contract, an owner or operator party to the covered contract shall elect—
“(i) not to reenroll the land under the contract;
“(ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or
“(iii) not to reenroll the land under the contract and to enroll that land through a CLEAR 30 contract under this subsection.
“(3) Eligible land.—Only land that is subject to an expired covered contract shall be eligible for enrollment through a CLEAR 30 contract under this subsection.
“(4) Term.—The term of a CLEAR 30 contract shall be 30 years.
“(5) Agreements.—To be eligible to enroll land in the conservation reserve program through a CLEAR 30 contract, the owner of the land shall enter into an agreement with the Secretary—
“(A) to implement a conservation reserve plan developed for the land;
“(B) to comply with the terms and conditions of the contract and any related agreements; and
“(C) to temporarily suspend the base history for the land covered by the contract.
“(6) Terms and conditions of clear 30 contracts.—
“(A) In general.—A CLEAR 30 contract shall include terms and conditions that—
“(i) permit—
“(I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and
“(II) owners to control public access on the land while identifying access routes to be used for restoration activities and management and contract monitoring;
“(ii) prohibit—
“(I) the alteration of wildlife habitat and other natural features of the land, unless specifically authorized by the Secretary as part of the conservation reserve plan;
“(II) the spraying of the land with chemicals or the mowing of the land, except where the spraying or mowing is authorized by the Secretary or is necessary—
“(aa) to comply with Federal or State noxious weed control laws;
“(bb) to comply with a Federal or State emergency pest treatment program; or
“(cc) to meet habitat needs of specific wildlife species;
“(III) any activity to be carried out on the land of the owner or successor that is immediately adjacent to, and functionally related to, the land that is subject to the contract if the activity will alter, degrade, or otherwise diminish the functional value of the land; and
“(IV) the adoption of any other practice that would tend to defeat the purposes of the conservation reserve program, as determined by the Secretary; and
“(iii) include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this section.
“(B) Violation.—On the violation of a term or condition of a CLEAR 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary.
“(C) Compatible uses.—Land subject to a CLEAR 30 contract may be used for compatible economic uses, including hunting and fishing, managed timber harvest, or periodic haying or grazing, if the use—
“(i) is specifically permitted by the conservation reserve plan developed for the land; and
“(ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established.
“(7) Compensation.—
“(A) Amount of payments.—The Secretary shall provide payment under this subsection to an owner of land enrolled through a CLEAR 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under section 1231(d)(3).
“(B) Form of payment.—Compensation for a CLEAR 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A).
“(C) Timing.—The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year.
“(D) Payments to others.—The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section—
“(i) dies;
“(ii) becomes incompetent;
“(iii) is succeeded by another person or entity who renders or completes the required performance; or
“(iv) is otherwise unable to receive the payment.
“(8) Technical assistance.—
“(A) In general.—The Secretary shall assist owners in complying with the terms and conditions of a CLEAR 30 contract.
“(B) Contracts or agreements.—The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a CLEAR 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program.
“(9) Administration.—
“(A) Conservation reserve plan.—The Secretary shall develop a conservation reserve plan for any land subject to a CLEAR 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land.
“(B) Delegation of contract administration.—
“(i) Federal, state, or local government agencies.—The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities.
“(ii) Conservation organizations.—The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources.
“(b) Soil Health and Income Protection Pilot Program.—
“(1) Definition of eligible land.—In this subsection:
“(A) In general.—The term ‘eligible land’ means cropland that—
“(i) is selected by the owner or operator of the land for proposed enrollment in the pilot program under this subsection; and
“(ii) as determined by the Secretary—
“(I) is located within 1 or more States that are part of the prairie pothole region, as selected by the Secretary based on consultation with State Committees of the Farm Service Agency and State technical committees established under section 1261(a) from that region;
“(II) had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment; and
“(III) is verified to be less-productive land, as compared to other land on the applicable farm.
“(B) Exclusion.—The term ‘eligible land’ does not include any land that was enrolled in a conservation reserve program contract in any of the 3 crop years preceding enrollment in the pilot program under this subsection.
“(2) Establishment.—
“(A) In general.—The Secretary shall establish a voluntary soil health and income protection pilot program under which eligible land is enrolled through the use of contracts to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.
“(B) Deadline for participation.—Eligible land may be enrolled in the program under this section through December 31, 2020.
“(3) Contracts.—
“(A) Requirements.—A contract described in paragraph (2) shall—
“(i) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and
“(ii) provide that, during the term of the contract—
“(I) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land;
“(II) except as provided in subparagraph (E), the owner or operator of the eligible land shall pay the cost of planting the conserving use cover crop under subclause (I);
“(III) subject to subparagraph (F), the eligible land may be harvested for seed, hayed, or grazed outside the primary nesting season established for the applicable county;
“(IV) the eligible land may be eligible for a walk-in access program of the applicable State, if any; and
“(V) a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover.
“(B) Payments.—Except as provided in subparagraphs (E) and (F)(ii)(II), the annual rental rate for a payment under a contract described in paragraph (2) shall be equal to 50 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary.
“(C) Limitation on enrolled land.—Not more than 15 percent of the eligible land on a farm may be enrolled in the pilot program under this subsection.
“(D) Term.—
“(i) In general.—Except as provided in clause (ii), each contract described in paragraph (2) shall be for a term of 3, 4, or 5 years, as determined by the parties to the contract.
“(ii) Early termination.—
“(I) Secretary.—The Secretary may terminate a contract described in paragraph (2) before the end of the term described in clause (i) if the Secretary determines that the early termination of the contract is necessary.
“(II) Owners and operators.—An owner and (if applicable) an operator of eligible land enrolled in the pilot program under this subsection may terminate a contract described in paragraph (2) before the end of the term described in clause (i) if the owner and (if applicable) the operator pay to the Secretary an amount equal to the amount of rental payments received under the contract.
“(E) Beginning, limited resource, socially disadvantaged, or veteran farmers and ranchers.—With respect to a beginning, limited resource, socially disadvantaged, or veteran farmer or rancher, as determined by the Secretary—
“(i) a contract described in paragraph (2) shall provide that, during the term of the contract, of the actual cost of establishment of the conserving use cover crop under subparagraph (A)(ii)(I)—
“(I) using the funds of the Commodity Credit Corporation, the Secretary shall pay 50 percent; and
“(II) the beginning, limited resource, socially disadvantaged, or veteran farmer or rancher shall pay 50 percent; and
“(ii) the annual rental rate for a payment under a contract described in paragraph (2) shall be equal to 75 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary.
“(F) Harvesting, haying, and grazing outside applicable period.—The harvesting for seed, haying, or grazing of eligible land under subparagraph (A)(ii)(III) outside of the primary nesting season established for the applicable county shall be subject to the conditions that—
“(i) with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and
“(ii) with respect to eligible land that is so harvested for seed—
“(I) the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
“(II) the rental payment otherwise applicable to the eligible land under this subsection shall be reduced by 25 percent.
“(4) Acreage limitation.—Of the number of acres available for enrollment in the conservation reserve under section 1231(d)(1), not more than 50,000 total acres of eligible land may be enrolled under the pilot program under this subsection.
“(5) Report.—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 an annual report describing the eligible land enrolled in the pilot program under this subsection, including—
“(A) the estimated conservation value of the land; and
“(B) estimated savings from reduced commodity payments, crop insurance indemnities, and crop insurance premium subsidies.”
“(10) on land devoted to hardwood or other trees, excluding windbreaks and shelterbelts, to carry out proper thinning and other practices—
“(A) to enhance the conservation benefits and wildlife habitat resources addressed by the conservation practice under which the land is enrolled; and
“(B) to promote forest management;”
“(b) Specified Activities Permitted.—
“(1) In general.—The Secretary, in coordination with the applicable State technical committee established under section 1261(a), shall permit certain activities or commercial uses of established cover on land that is subject to a contract under the conservation reserve program if—
“(A) those activities or uses—
“(i) are consistent with the conservation of soil, water quality, and wildlife habitat;
“(ii) are subject to appropriate restrictions during the primary nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law;
“(iii) contribute to the health and vigor of the established cover; and
“(iv) are consistent with a site-specific plan, including vegetative management requirements, stocking rates, and frequency and duration of activity, taking into consideration regional differences, such as climate, soil type, and natural resources; and
“(B) the Secretary, in coordination with the State technical committee, includes contract modifications—
“(i) without any reduction in the rental rate for—
“(I) emergency haying, emergency grazing, or other emergency use of the forage in response to a localized or regional drought, flooding, wildfire, or other emergency, on all practices, outside the primary nesting season, when—
“(aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor;
“(bb) there is at least a 40 percent loss in forage production in the county; or
“(cc) the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover;
“(II) emergency grazing on all practices during the primary nesting season if payments are authorized for a county under the livestock forage disaster program under clause (ii) of section 1501(c)(3)(D) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)), at 50 percent of the normal carrying capacity determined under clause (i) of that section, adjusted to the site-specific plan;
“(III) emergency haying on certain practices, outside the primary nesting season, if payments are authorized for a county under the livestock forage disaster program under clause (ii) of section 1501(c)(3)(D) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)), on not more than 50 percent of contract acres, as identified in the site-specific plan;
“(IV) grazing of all practices, outside the primary nesting season, if included as a mid-contract management practice under section 1232(a)(5);
“(V) the intermittent and seasonal use of vegetative buffer established under paragraphs (4) and (5) of section 1231(b) that are incidental to agricultural production on land adjacent to the buffer such that the permitted use—
“(aa) does not destroy the permanent vegetative cover; and
“(bb) retains suitable vegetative structure for wildlife cover and shelter outside the primary nesting season; or
“(VI) grazing on all practices, outside the primary nesting season, if conducted by a beginning farmer or rancher; or
“(ii) with a 25 percent reduction in the annual rental rate for the acres covered by the authorized activity, including—
“(I) grazing not more frequently than every other year on the same land, except that during the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate specified in the site-specific plan;
“(II) grazing of all practices during the primary nesting season, with a 50 percent reduction in the stocking rate specified in the site-specific plan;
“(III) haying and other commercial use (including the managed harvesting of biomass and excluding the harvesting of vegetative cover), on the condition that the activity—
“(aa) is completed outside the primary nesting season;
“(bb) occurs not more than once every 3 years; and
“(cc) maintains 25 percent of the total contract acres unharvested, in accordance with a site-specific plan that provides for wildlife cover and shelter;
“(IV) annual grazing outside the primary nesting season if consistent with a site-specific plan that is authorized for the control of invasive species; and
“(V) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account—
“(aa) the location, size, and other physical characteristics of the land;
“(bb) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and
“(cc) the purposes of the conservation reserve program under this subchapter.
“(2) Conditions on haying and grazing.—
“(A) In general.—The Secretary may permit haying or grazing in accordance with paragraph (1) on any land or practice subject to a contract under the conservation reserve program.
“(B) Exceptions.—
“(i) Damage to vegetative cover.—Haying or grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, if haying or grazing for that year under that practice, as applicable, would cause long-term damage to vegetative cover on that land.
“(ii) Special agreements.—
“(I) In general.—Except as provided in subclause (II), haying or grazing described in paragraph (1) shall not be permitted on—
“(aa) land covered by a contract enrolled under the State acres for wildlife enhancement program established by the Secretary; or
“(bb) land covered by a contract enrolled under a conservation reserve enhancement program established under section 1231A or the Conservation Reserve Enhancement Program established by the Secretary under this subchapter.
“(II) Exception.—Subclause (I) shall not apply to land on which haying or grazing is specifically permitted under the applicable conservation reserve enhancement program agreement or other partnership agreement entered into under this subchapter.”
“(e) Natural Disaster or Adverse Weather as Mid-contract Management.—In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require further management practices pursuant to section 1232(a)(5) that are intended to achieve the same effect.”
“(2) Limitations.—
“(A) In general.—The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subchapter, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary.
“(B) Mid-contract management grazing.—The Secretary may not make any cost sharing payment to an owner or operator under this subchapter pursuant to section 1232(a)(5).
“(C) Seed cost.—In the case of seed costs related to the establishment of cover, cost sharing payments under this subchapter shall not exceed 50 percent of the actual cost of the seed mixture, as determined by the Secretary.”
“(4) Practice incentives for continuous practices.—In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to an owner or operator of land enrolled under section 1231(d)(6) in an amount not to exceed 50 percent of the actual cost of establishing all measures and practices described in paragraph (1), including seed costs related to the establishment of cover, as determined by the Secretary.”
“(A) the amount”
“(B) the impact on the local farmland rental market; and
“(C) such other factors as the Secretary determines to be appropriate.”
“(B) Multiple enrollments.—
“(i) In general.—Subject to clause (ii), if land subject to a contract entered into under this subchapter is reenrolled under section 1231(h)(1) or has been previously enrolled in the conservation reserve, the annual rental payment shall be in an amount that is not more than 85 percent in the case of general enrollment contacts, or 90 percent in the case of continuous enrollment contracts, of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs.
“(ii) Conservation reserve enhancement program.—The reduction in annual rental payments under clause (i) may be waived as part of the negotiation between the Secretary and an eligible partner to enter into a conservation reserve enhancement program agreement under section 1231A.”
“(D) Continuous sign-up incentives.—The Secretary shall make an incentive payment to the owner or operator of land enrolled under section 1231(d)(6) at the time of initial enrollment in an amount equal to 32.5 percent of the amount of the first annual rental payment under subparagraph (A).”
“(D) Submission of additional information by state fsa offices and crep partners.—
“(i) In general.—The Secretary shall provide an opportunity for State Committees of the Farm Service Agency or eligible partners (as defined in section 1231A(a)) in conservation reserve enhancement programs under section 1231A to propose an alternative soil rental rate prior to finalizing new rates, on the condition that documentation described in clause (ii) is provided to support the proposed alternative.
“(ii) Acceptable documentation.—Documentation referred to in clause (i) includes—
“(I) an average of cash rents from a random sample of lease agreements;
“(II) cash rent estimates from a published survey;
“(III) neighboring county estimate comparisons from the National Agricultural Statistics Service;
“(IV) an average of cash rents from Farm Service Agency farm business plans;
“(V) models that estimate cash rents, such as models that use returns to estimate crop production or land value data; or
“(VI) other documentation, as determined by the Secretary.
“(iii) Notification.—Not less than 14 days prior to the announcement of new or revised soil rental rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, including information on and the rationale for the alternative rates proposed under clause (i) that were accepted or rejected.
“(E) Rental rate limitation.—Notwithstanding forest management incentive payments described in subsection (c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed—
“(i) 85 percent of the estimated rental rate determined under this paragraph for general enrollment; or
“(ii) 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.”
“(2) Wellhead protection.—Paragraph (1) and section 1001D(b) shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subchapter for the purpose of protecting a wellhead.”
“(E) give priority to the enrollment of the land covered by the contract in—
“(i) the environmental quality incentives program established under subchapter A of chapter 4;
“(ii) the conservation stewardship program established under subchapter B of chapter 4; or
“(iii) the agricultural conservation easement program established under subtitle H; and”
; and
“(A)
(i) is carried out on land described in paragraph (4) or (5) of section 1231(b); and
“(ii) is eligible for continuous enrollment under section 1231(d)(6); and”
“(g) End of Contract Considerations.—The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if—
“(1) during the year prior to expiration of the contract, the owner or operator—
“(A)
(i) enters into a contract under the environmental quality incentives program established under subchapter A of chapter 4; and
“(ii) begins the establishment of a practice under that contract; or
“(B)
(i) enters into a contract under the conservation stewardship program established under subchapter B of chapter 4; and
“(ii) begins the establishment of a practice under that contract; or
“(2) during the 3 years prior to the expiration of the contract, the owner or operator begins the certification process under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).”
“CHAPTER 4— ENVIRONMENTAL QUALITY INCENTIVES PROGRAM AND CONSERVATION STEWARDSHIP PROGRAM
“Subchapter A— Environmental Quality Incentives Program”
; and
“Subchapter B— Conservation Stewardship Program”
.
“(4) assisting producers to make beneficial, cost-effective changes to production systems, including addressing identified, new, or expected resource concerns related to organic production, grazing management, fuels management, forest management, nutrient management associated with crops and livestock, pest management, irrigation management, adapting to, and mitigating against, increasing weather volatility, drought resiliency measures, or other practices on agricultural and forested land.”
“(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.”
“(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.”
“(v) soil testing;
“(vi) soil remediation to be carried out by the producer; and”
; and
“(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; and”
“(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.”
; and
“(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.”
“(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.”
; and
“(7) Increased payments for 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.”
“(A) Fiscal years 2014 through 2018.—For each”
; and
“(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).”
“(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.”
“(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.”
“(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.”
“(A) In general.—Payments”
“(B) Technical assistance.—In applying the limitations under subparagraph (A)”
; and
“(i) through fiscal year 2018—
“(I) $20,000 per year; or
“(II) $80,000 during any 6-year period; and”
; and
“(ii) during the period of fiscal years 2019 through 2023, $140,000.”
“(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 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.”
“(E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations;
“(F) utilize edge-of-field and other monitoring practices on farms—
“(i) to quantify the impacts of practices implemented under the program; and
“(ii) to assist producers in making the best conservation investments for the operations of the producers;”
“(c) On-Farm Conservation Innovation Trials.—
“(1) Definitions.—In this subsection:
“(A) Eligible entity.—The term ‘eligible entity’ means, as determined by the Secretary—
“(i) a third-party private entity the primary business of which is related to agriculture;
“(ii) a nongovernmental organization with experience working with agricultural producers; or
“(iii) a governmental organization.
“(B) New or innovative conservation approach.—The term ‘new or innovative conservation approach’ means—
“(i) new or innovative—
“(I) precision agriculture technologies;
“(II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems;
“(III) soil health management systems, including systems to increase soil carbon levels;
“(IV) water management systems;
“(V) resource-conserving crop rotations (as defined in section 1240L(d)(1));
“(VI) cover crops; and
“(VII) irrigation systems; and
“(ii) any other conservation approach approved by the Secretary as new or innovative.
“(2) Testing new or innovative conservation approaches.—Using $25,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2019 through 2023, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches—
“(A) directly with producers; or
“(B) through eligible entities.
“(3) Incentive payments.—
“(A) Agreements.—In carrying out paragraph (2), the Secretary shall enter into agreements with producers (either directly or through eligible entities) on whose land an on-farm conservation innovation trial is being carried out to provide payments (including payments to compensate for foregone income, as appropriate to address the increased economic risk potentially associated with new or innovative conservation approaches) to the producers to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits.
“(B) Adjusted gross income requirements.—
“(i) In general.—Adjusted gross income requirements under section 1001D(b)(1) shall—
“(I) apply to producers receiving payments under this subsection; and
“(II) be enforced by the Secretary.
“(ii) Reporting.—An eligible entity participating in an on-farm conservation innovation trial under this subsection shall report annually to the Secretary on the amount of payments made to individual farm operations under this subsection.
“(C) Limitation on administrative expenses.—None of the funds made available to carry out this subsection may be used to pay for the administrative expenses of an eligible entity.
“(D) Length of agreements.—An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—
“(i) not less than 3 years; and
“(ii) if appropriate, more than 3 years, including if such a period is appropriate to support—
“(I) adaptive management over multiple crop years; and
“(II) adequate data collection and analysis by a producer or eligible entity to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary.
“(4) Flexible adoption.—The scale of adoption of a new or innovative conservation approach under an on-farm conservation innovation trial under an agreement under paragraph (2) may include multiple scales on an operation, including whole farm, field-level, or sub-field scales.
“(5) Technical assistance.—The Secretary shall provide technical assistance—
“(A) to each producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to the design, installation, and management of the new or innovative conservation approaches; and
“(B) to each eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to data analyses of the on-farm conservation innovation trial.
“(6) Geographic scope.—The Secretary shall identify a diversity of geographic regions of the United States in which to establish on-farm conservation innovation trials under paragraph (2), taking into account factors such as soil type, cropping history, and water availability.
“(7) Soil health demonstration trial.—Using funds made available to carry out this subsection, the Secretary shall carry out a soil health demonstration trial under which the Secretary coordinates with eligible entities—
“(A) to provide incentives to producers to implement conservation practices that—
“(i) improve soil health;
“(ii) increase carbon levels in the soil; or
“(iii) meet the goals described in clauses (i) and (ii);
“(B) to establish protocols for measuring carbon levels in the soil and testing carbon levels on land where conservation practices described in subparagraph (A) were applied to evaluate gains in soil health as a result of the practices implemented by the producers in the soil health demonstration trial; and
“(C)
(i) not later than September 30, 2020, to initiate a study regarding changes in soil health and, if feasible, economic outcomes, generated as a result of the conservation practices described in subparagraph (A) that were applied by producers through the soil health demonstration trial; and
“(ii) to submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate annual reports on the progress and results of the study under clause (i).
“(d) Reporting and Database.—
“(1) Report required.—Not later than September 30, 2019, and every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of activities funded under this section, including—
“(A) funding awarded;
“(B) results of the activities, including, if feasible, economic outcomes;
“(C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary; and
“(D) on completion of the study required under subsection (c)(7)(C), the findings of the study.
“(2) Conservation practice database.—
“(A) In general.—The Secretary shall use the data reported under paragraph (1) to establish and maintain a publicly available conservation practice database that provides—
“(i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; and
“(ii) a list of recommended new and effective conservation practices.
“(B) Privacy.—Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers.”
“(iii) development of a comprehensive conservation plan, as defined in section 1240L(e)(1);
“(iv) soil health planning, including planning to increase soil organic matter; and
“(v) activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility.”
; and
“(A) quality criteria under a resource management system;
“(B) predictive analytics tools or models developed or approved by the Natural Resources Conservation Service;
“(C) data from past and current enrollment in the program; and
“(D) other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.”
“(1) Ranking of applications.—
“(A) In general.—In evaluating contract offers submitted under subsection (a) and contract renewals under subsection (e), the Secretary shall rank applications based on—
“(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at the time of submission of the application;
“(ii) the degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and
“(iii) other consistent criteria, as determined by the Secretary.
“(B) Additional criterion.—If 2 or more applications receive the same ranking under subparagraph (A), the Secretary shall rank those contracts based on the extent to which the actual and anticipated conservation benefits from each contract are provided at the lowest cost relative to other similarly beneficial contract offers.”
“(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).”
“(1) Definitions.—In this subsection:
“(A) Advanced grazing management.—The term ‘advanced grazing management’ means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, 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”
; and
“(v) builds soil organic matter; and”
“(A) resource-conserving crop rotations; or
“(B) advanced grazing management.”
“(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.”
“(h) Organic Certification.—
“(1) Coordination.—The Secretary”
; and
“(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.”
; and
“(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.”
“SEC. 1240L–1. GRASSLAND CONSERVATION INITIATIVE.
“(a) Definitions.—In this section:
“(1) Eligible land.—Notwithstanding sections 1240I(4) and 1240J(b)(2), the term ‘eligible land’ means cropland on a farm for which base acres have been maintained by the Secretary under section 1112(d)(3) of the Agricultural Act of 2014 (7 U.S.C. 9012(d)(3)).
“(2) Initiative.—The term ‘initiative’ means the grassland conservation initiative established under subsection (b).
“(b) Establishment and Purpose.—The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e).
“(c) Election.—Beginning in fiscal year 2019, the Secretary shall provide a 1-time election to enroll eligible land in the initiative under a contract described in subsection (e).
“(d) Method of Enrollment.—The Secretary shall—
“(1) notwithstanding subsection (b) of section 1240K, determine under subsection (c) of that section that eligible land ranks sufficiently high under the evaluation criteria described in subsection (b) of that section; and
“(2) enroll the eligible land in the initiative under a contract described in subsection (e).
“(e) Grassland Conservation Contract.—
“(1) In general.—Notwithstanding section 1240K(a)(1), to enroll eligible land in the initiative under a grassland conservation contract, a producer shall agree—
“(A) to meet or exceed the stewardship threshold for not less than 1 priority resource concern by the date on which the contract expires; and
“(B) to comply with the terms and conditions of the contract.
“(2) Terms.—A grassland conservation contract entered into under this section shall—
“(A)
(i) be for a single 5-year term; and
“(ii) not be subject to renewal or reenrollment under section 1240K(e); and
“(B) be subject to section 1240K(d).
“(3) Early termination.—The Secretary shall allow a producer that enters into a grassland conservation contract under this section—
“(A) to terminate the contract at any time; and
“(B) to retain payments already received under the contract.
“(f) Grassland Conservation Plan.—The grassland conservation plan developed for eligible land shall be limited to—
“(1) eligible land; and
“(2) resource concerns and activities relating to grassland.
“(g) Payments.—
“(1) In general.—Beginning in fiscal year 2019, of the funds made available for this subchapter under section 1241(a)(3)(B), and notwithstanding any payment under title I of the Agriculture Improvement Act of 2018, an amendment made by that title, or section 1240L(c), the Secretary shall make annual grassland conservation contract payments to the producer of any eligible land that is the subject of a grassland conservation contract under this section.
“(2) Payment noneligibility.—A grassland conservation contract under this section shall not be—
“(A) eligible for payments under section 1240L(d); or
“(B) subject to the payment limitations under this subchapter.
“(3) Limitation.—The amount of an annual payment under this subsection shall be $18 per acre, not to exceed the number of base acres on a farm.
“(h) Considered Planted.—The Secretary shall consider land enrolled under a grassland conservation contract under this section during a crop year to be planted or considered planted to a covered commodity (as defined in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)) during that crop year.
“(i) Other Contracts.—A producer with an agricultural operation that contains land eligible under this section and land eligible under section 1240K—
“(1) may enroll the land eligible under this section through a contract under this section or under section 1240K; and
“(2) shall not be prohibited from enrolling the land eligible under section 1240K through a contract under section 1240K.”
“SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS.
“(a) In General.—In order to assist”
; and
“(b) Waiver.—The Secretary may waive the watershed plan for works of improvement if the Secretary determines that—
“(1) the watershed plan is unnecessary or duplicative; and
“(2) the works of improvement are otherwise consistent with applicable requirements under section 4.”
“SEC. 15. FUNDING.
“In addition to any other funds made available by this Act, of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this Act $50,000,000 for fiscal year 2019 and each fiscal year thereafter.”
“SEC. 401. EMERGENCY CONSERVATION PROGRAM.
“(a) In General.—The Secretary of Agriculture (referred to in this title as the ‘Secretary’)”
; and
“(b) Repair or Replacement of Fencing.—
“(1) In general.—With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, the Secretary shall give the agricultural producer the option of receiving not more than 25 percent of the payment, determined by the Secretary based on the applicable percentage of the fair market value of the cost of the repair or replacement, before the agricultural producer carries out the repair or replacement.
“(2) Return of funds.—If the funds provided under paragraph (1) are not expended by the end of the 60-day period beginning on the date on which the agricultural producer receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.”
“SEC. 402A. COST-SHARE REQUIREMENT.
“(a) Cost-share Rate.—Subject to subsections (b) and (c), the maximum cost-share payment under sections 401 and 402 shall not exceed 75 percent of the total allowable cost, as determined by the Secretary.
“(b) Exception.—Notwithstanding subsection (a), a payment to a limited resource farmer or rancher, a socially disadvantaged farmer or rancher (as defined in subsection (a) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), or a beginning farmer or rancher under section 401 or 402 shall not exceed 90 percent of the total allowable cost, as determined by the Secretary.
“(c) Limitation.—The total payment under sections 401 and 402 for a single event may not exceed 50 percent of the agriculture value of the land, as determined by the Secretary.”
“SEC. 402B. PAYMENT LIMITATION.
“The maximum payment made under the emergency conservation program to an agricultural producer under sections 401 and 402 shall not exceed $500,000.”
“(d) Limitation.—The Commodity Credit Corporation”
“(c) Use of Commodity Credit Corporation.—In implementing”
“SEC. 404. FUNDING AND ADMINISTRATION.
“(a) Authorization of Appropriations.—There are authorized”
“(b) Set-aside for Fencing.—Of the amounts made available under subsection (a) for a fiscal year, 25 percent shall be set aside until April 1 of that fiscal year for the repair or replacement of fencing.”
“(C) Partnerships.—In carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with—
“(i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and
“(ii) nongovernmental organizations.”
; and
“(3) Additional funding.—In addition to any other funds made available under this subsection, of the funds of the Commodity Credit Corporation, the Secretary shall use $5,000,000 beginning in fiscal year 2019, to remain available until expended.”
“(2) Enhanced public access to wetland reserve easements.—To the maximum extent practicable, of the funds made available under paragraph (1), the Secretary shall use $3,000,000 for the period of fiscal years 2019 through 2023 to encourage public access to land covered by wetland reserve easements under section 1265C through agreements with States and tribal governments under this section.”
“(F) $450,000,000 for each of fiscal years 2019 through 2023.”
“(3) The programs under chapter 4, using, to the maximum extent practicable—
“(A) for the environmental quality incentives program under subchapter A of that chapter—
“(i) $1,750,000,000 for fiscal year 2019;
“(ii) $1,750,000,000 for fiscal year 2020;
“(iii) $1,800,000,000 for fiscal year 2021;
“(iv) $1,850,000,000 for fiscal year 2022; and
“(v) $2,025,000,000 for fiscal year 2023; and
“(B) for the conservation stewardship program under subchapter B of that chapter—
“(i) $700,000,000 for fiscal year 2019;
“(ii) $725,000,000 for fiscal year 2020;
“(iii) $750,000,000 for fiscal year 2021;
“(iv) $800,000,000 for fiscal year 2022; and
“(v) $1,000,000,000 for fiscal year 2023.”
“(i) Report on Program Enrollments and Assistance.—Not later than December 15 of each of calendar years 2019 through 2023, 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 an annual report containing statistics by State related to enrollments in conservation programs under this title, as follows:
“(1) The annual and current cumulative activity reflecting active agreement and contract enrollment statistics.
“(2) Secretarial exceptions, waivers, and significant payments, including—
“(A) payments made under the agricultural conservation easement program for easements valued at $250,000 or greater;
“(B) payments made under the regional conservation partnership program subject to the waiver of adjusted gross income limitations pursuant to section 1271C(c)(3);
“(C) waivers granted by the Secretary under section 1001D(b)(3);
“(D) exceptions and activity associated with section 1240B(h)(2); and
“(E) exceptions provided by the Secretary under section 1265B(b)(2)(B)(ii).”
“(A) the formulas”
“(B) to the maximum extent practicable, local natural resource concerns are considered a leading factor in determining annual funding allocation to States;
“(C) the process used at the national level to evaluate State budget proposals and to allocate funds is reviewed annually to assess the effect of allocations in addressing identified natural resource priorities and objectives; and
“(D) the allocation of funds to States addresses priority natural resource concerns and objectives.”
“(A) Fiscal years 2009 through 2018.—Of the funds”
; and
“(B) Fiscal years 2019 through 2023.—Of the funds made available for each of fiscal years 2019 through 2023 to carry out the environmental quality incentives program under subchapter A of chapter 4 of subtitle D and the conservation stewardship program under subchapter B of chapter 4 of subtitle D, the Secretary shall use, to the maximum extent practicable—
“(i) 5 percent to assist beginning farmers or ranchers; and
“(ii) 5 percent to assist socially disadvantaged farmers or ranchers.”
“(j) Conservation Standards and Requirements.—
“(1) In general.—Subject to the requirements of this title, the Natural Resources Conservation Service shall serve as the lead agency in developing and establishing technical standards and requirements for conservation programs carried out under this title, including—
“(A) standards for conservation practices under this title;
“(B) technical guidelines for implementing conservation practices under this title, including the location of the conservation practices; and
“(C) standards for conservation plans.
“(2) Consistency of farm service agency technical standards and payment rates.—The Administrator of the Farm Service Agency shall ensure that—
“(A) technical standards of programs administered by the Farm Service Agency are consistent with the technical standards established by the Natural Resources Conservation Service under paragraph (1); and
“(B) payment rates, to the extent practicable, are consistent between the Farm Service Agency and the Natural Resources Conservation Service.”
“(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.”
“(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.”
“(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;”
“(D) evaluate opportunities to increase flexibility in conservation practice standards in a manner that ensures equivalent natural resource benefits.”
“(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.”
“(j) Review and Guidance for Practice Costs and Payment Rates.—
“(1) In general.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, and not later than October 1 of each year thereafter, the Secretary shall—
“(A) review the estimates for practice costs and rates of payments made to producers for practices on eligible land under this title; and
“(B) evaluate whether those costs and rates reflect a payment that—
“(i) encourages participation in a conservation program administered by the Secretary;
“(ii) encourages implementation of the most effective practices to address local natural resource concerns on eligible land; and
“(iii) accounts for regional, State, and local variability relating to the complexity, implementation, and adoption of practices on eligible land.
“(2) Guidance; review.—The Secretary shall—
“(A) issue guidance to States to annually review and adjust the estimates for practice costs and rates of payments made to producers to reflect the evaluation factors described in paragraph (1)(B); and
“(B) determine the appropriate practice costs and rates of payments for each State by—
“(i) annually reviewing each conservation program payment schedule and payment rate used in the State; and
“(ii) consulting with the State technical committee established under section 1261(a) in that State.”
“(1) the goals”
“(2) a sufficient number of eligible participants will be aggregated under the alternative funding arrangement to accomplish the underlying purposes and objectives of the applicable program; and
“(3) statutory”
; and
“(n) Source Water Protection Through Targeting of Agricultural Practices.—
“(1) In general.—In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity that protect source water for drinking water (including protecting against public health threats) while also benefitting agricultural producers.
“(2) Collaboration with water systems and increased incentives.—
“(A) In general.—In encouraging practices under paragraph (1), the Secretary shall—
“(i) work collaboratively with community water systems and State technical committees established under section 1261(a) to identify, in each State, local priority areas for the protection of source waters for drinking water; and
“(ii) subject to subparagraph (B), for practices described in paragraph (1), offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary.
“(B) Limitation.—An increased payment under subparagraph (A)(ii) shall not exceed 90 percent of practice costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training.
“(3) Reservation of funds.—
“(A) In general.—In each of fiscal years 2019 through 2023, the Secretary shall use to carry out this subsection not less than 10 percent of any funds available for conservation programs administered by the Secretary under this title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D).
“(B) Limitation.—Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this title.”
“(o) Environmental Services Market.—The Secretary may not prohibit, through a contract, easement, or agreement under this title, a participant in a conservation program administered by the Secretary under this title from participating in, and receiving compensation from, an environmental services market if 1 of the purposes of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the conservation program administered by the Secretary.”
“(p) Regulatory Certainty.—
“(1) In general.—In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an Indian tribe, or a unit of local government, the Secretary may provide technical and programmatic information—
“(A) subject to paragraph (2), to the Federal agency, State, Indian tribe, or unit of local government to support specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement—
“(i) that relates to soil, water, or wildlife; and
“(ii) over which that Federal agency, State, Indian tribe, or unit of local government has authority; and
“(B) relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable.
“(2) Mechanisms.—The Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal agency, State, Indian tribe, or unit of local government, as applicable, under paragraph (1)(A) are anticipated to include, at a minimum—
“(A) the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1);
“(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented;
“(C) a plan for a periodic audit, as appropriate, of the continued implementation or maintenance of each of the conservation practices or activities identified under subparagraph (A); and
“(D) notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurance.
“(3) Continuing current collaboration on soil, water, or wildlife conservation practices.—The Secretary shall—
“(A) continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and
“(B) continue collaboration with the Secretary of the Interior on consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or conference under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable, for wildlife conservation efforts, including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before the date of enactment of the Agriculture Improvement Act of 2018, in accordance with—
“(i) the document entitled ‘Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service’, numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and
“(ii) United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect on August 9, 2016.
“(4) Savings clause.—Nothing in this subsection—
“(A) preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government;
“(B) modifies or otherwise affects, preempts, or displaces—
“(i) any cause of action; or
“(ii) a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or
“(C) applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.”
“(2) Buy-protect-sell transaction.—
“(A) In general.—The term ‘buy-protect-sell transaction’ means a legal arrangement—
“(i) between an eligible entity and the Secretary relating to land that an eligible entity owns or is going to purchase prior to acquisition of an agricultural land easement;
“(ii) under which the eligible entity certifies to the Secretary that the eligible entity shall—
“(I)
(aa) hold an agricultural land easement on that land, but transfer ownership of the land to a farmer or rancher that is not an eligible entity prior to or on acquisition of the agricultural land easement; or
“(bb) hold an agricultural land easement on that land, but transfer ownership of the land to a farmer or rancher that is not an eligible entity in a timely manner and, subject to subparagraph (B), not later than 3 years after the date of acquisition of the agricultural land easement; and
“(II) make an initial sale of the land subject to the agricultural land easement to a farmer or rancher at not more than agricultural value, plus any reasonable holding and transaction costs incurred by the eligible entity, as determined by the Secretary; and
“(iii) under which the Secretary shall be reimbursed for the entirety of the Federal share of the cost of the agricultural land easement by the eligible entity if the eligible entity fails to transfer ownership under item (aa) or (bb), as applicable, of clause (ii)(I).
“(B) Time extension.—Under subparagraph (A)(ii)(I)(bb), an eligible entity may transfer land later than 3 years after the date of acquisition of the agricultural land easement if the Secretary determines an extension of time is justified.”
“(I) a”
“(II) a buy-protect-sell transaction;”
; and
“(5) Monitoring report.—The term ‘monitoring report’ means a report, the contents of which are formulated and prepared by the holder of an agricultural land easement, that accurately documents whether the land subject to the agricultural land easement is in compliance with the terms and conditions of the agricultural land easement.”
“(3) buy-protect-sell transactions.”
“(ii) Grasslands exception.—In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement.
“(iii) Permissible forms.—The non-Federal share provided by an eligible entity under this subparagraph may comprise—
“(I) cash resources;
“(II) a charitable donation or qualified conservation contribution (as defined in section 170(h) of the Internal Revenue Code of 1986) from the private landowner from which the agricultural land easement will be purchased;
“(III) costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and
“(IV) other costs, as determined by the Secretary.”
; and
“(C) Accounting for geographic differences.—The Secretary may adjust the criteria established under subparagraph (A) to account for geographic differences, if the adjustments—
“(i) meet the purposes of the program; and
“(ii) continue to maximize the benefit of the Federal investment under the program.
“(D) Priority.—In evaluating applications under the program, the Secretary may give priority to an application for the purchase of an agricultural land easement that, as determined by the Secretary, maintains agricultural viability.”
“(iii) include a right of enforcement for the Secretary that—
“(I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and
“(II) does not extend to a right of inspection unless—
“(aa)
(AA) the holder of the easement fails to provide monitoring reports in a timely manner; or
“(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and
“(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection;
“(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and”
“(D) Additional permitted terms and conditions.—An eligible entity may include terms and conditions for an agricultural land easement that—
“(i) are intended to keep the land subject to the agricultural land easement under the ownership of a farmer or rancher, as determined by the Secretary;
“(ii) allow subsurface mineral development on the land subject to the agricultural land easement and in accordance with applicable State law if, as determined by the Secretary—
“(I) the subsurface mineral development—
“(aa) has a limited and localized impact;
“(bb) does not harm the agricultural use and conservation values of the land subject to the easement;
“(cc) does not materially alter or affect the existing topography;
“(dd) shall comply with a subsurface mineral development plan that—
“(AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and
“(BB) is approved by the Secretary prior to the initiation of mineral development activity;
“(ee) is not accomplished by any surface mining method;
“(ff) is within the impervious surface limits of the easement under subparagraph (C)(v); and
“(gg) uses practices and technologies that minimize the duration and intensity of impacts to the agricultural use and conservation values of the land subject to the easement; and
“(II) each area impacted by the subsurface mineral development shall be reclaimed and restored by the holder of the mineral rights at cessation of operation; and
“(iii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.”
“(iv) allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program.”
; and
“(i) will”
“(ii) has—
“(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary;
“(II) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
“(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; or
“(iii) is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection that has—
“(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
“(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.”
“(d) Technical Assistance.—The Secretary may provide technical assistance, if requested, to assist in compliance with the terms and conditions of easements.”
“(i) In general.—Land subject”
“(ii) Compatible use authorization.—In evaluating and authorizing a compatible economic use under clause (i), the Secretary shall—
“(I) request and consider the advice of the applicable State technical committee established under section 1261(a) about the 1 or more types of uses that may be authorized to be conducted on land subject to a wetland reserve easement, including the frequency, timing, and intensity of those uses;
“(II) consider the ability of an authorized use to facilitate the practical administration and management of that land; and
“(III) ensure that an authorized use furthers the functions and values for which the wetland reserve easement was established.”
; and
“(1) Wetland reserve easement plan.—
“(A) In general.—The Secretary shall develop a wetland reserve easement plan—
“(i) for any eligible land subject to a wetland reserve easement; and
“(ii) that restores, protects, enhances, manages, maintains, and monitors the eligible land subject to the wetland reserve easements acquired under this section.
“(B) Practices and activities.—A wetland reserve easement plan under subparagraph (A) shall include practices and activities, including repair or replacement, that are necessary to restore and maintain the enrolled land and the functions and values of the wetland subject to a wetland reserve easement.”
“(2) Alternative plant communities.—The Secretary, in coordination with State technical committees established under section 1261(a) and pursuant to State-specific criteria and guidelines, may authorize the establishment or restoration of a hydrologically appropriate native community or alternative naturalized vegetative community as part of a wetland reserve easement plan on land subject to a wetland reserve easement if that hydrologically appropriate native or alternative naturalized vegetative community shall—
“(A) substantially support or benefit migratory waterfowl or other wetland wildlife; or
“(B) meet local resource concerns or needs (including as an element of a regional, State, or local wildlife initiative or plan).”
“(c) Subordination, Exchange, Modification, and Termination.—
“(1) Subordination.—The Secretary may subordinate any interest in land, or portion of such interest, administered by the Secretary (including for the purposes of utilities and energy transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that the subordination—
“(A) increases conservation values or has a limited negative effect on conservation values;
“(B) minimally affects the acreage subject to the interest in land; and
“(C) is in the public interest or furthers the practical administration of the program.
“(2) Modification and exchange.—
“(A) Authority.—The Secretary may approve a modification or exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
“(i) no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and
“(ii) the modification or exchange—
“(I) results in equal or increased conservation values;
“(II) results in equal or greater economic value to the United States;
“(III) is consistent with the original intent of the easement;
“(IV) is consistent with the purposes of the program; and
“(V) is in the public interest or furthers the practical administration of the program.
“(B) Limitation.—In modifying or exchanging an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity.
“(3) Termination.—The Secretary may approve a termination of any interest in land, or portion of such interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
“(A) termination is in the interest of the Federal Government;
“(B) the United States will be fully compensated for—
“(i) the fair market value of the interest in land;
“(ii) any costs relating to the termination; and
“(iii) any damages determined appropriate by the Secretary; and
“(C) the termination will—
“(i) address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and
“(ii) further the practical administration of the program.
“(4) Consent.—The Secretary shall obtain consent from the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in land, or portion of such interest, under this subsection.
“(5) Notice.—At least 90 days before taking any termination action described in paragraph (3), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.”
; and
“(3) Agricultural land easements.—A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subchapter B of chapter 1 of subtitle D.”
“(2) To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water and groundwater), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale.”
“(4) To encourage the flexible and streamlined delivery of conservation assistance to producers through partnership agreements.
“(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.”
“(E) The conservation reserve program established under subchapter B of chapter 1 of subtitle D.
“(F) The programs established by the Secretary to carry out the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 (16 U.S.C. 1012) of that Act.”
“(2) Eligible activity.—The term ‘eligible activity’ means a practice, activity, agreement, easement, or related conservation measure that is available under the statutory authority for a covered program.
“(3) Eligible land.—The term ‘eligible land’ means any agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help achieve conservation benefits.”
“(I) An organization described in section 1265A(3)(B).
“(J) A conservation district.”
“(5) Partnership agreement.—The term ‘partnership agreement’ means the programmatic agreement entered into between the Secretary and an eligible partner, subject to the terms and conditions under section 1271B.”
; and
“(7) Program contract.—
“(A) In general.—The term ‘program contract’ means the contract between the Secretary and a producer entered into under this subtitle.
“(B) Exclusion.—The term ‘program contract’ does not include a contract under a covered program.”
“(b) Length.—
“(1) In general.—A partnership agreement shall be—
“(A) for a period not to exceed 5 years; or
“(B) for a period that is longer than 5 years, if the longer period is necessary to meet the objectives of the program, as determined by the Secretary.
“(2) Renewal.—A partnership agreement may be renewed under subsection (e)(5) for a period not to exceed 5 years.
“(3) Extension.—A partnership agreement, or any renewal of a partnership agreement, may each be extended 1 time for a period not longer than 12 months, as determined by the Secretary.”
“(i) 1 or more conservation benefits that the project shall achieve;
“(ii) the eligible activities on eligible land to be conducted under the project to achieve conservation benefits;
“(iii) the implementation timeline for carrying out the project, including any interim milestones;”
“(i) the progress made by the project in achieving each conservation benefit defined in the partnership agreement, including in a quantified form to the extent practicable; and
“(ii) as appropriate, other outcomes of the project; and”
; and
“(A) In general.—An eligible”
; and
“(B) Form.—A contribution of an eligible partner under this paragraph may be in the form of—
“(i) direct funding;
“(ii) in-kind support; or
“(iii) a combination of direct funding and in-kind support.
“(C) Treatment.—Any amounts expended during the period beginning on the date on which the Secretary announces the approval of an application under subsection (e) and ending on the day before the effective date of the partnership agreement by an eligible partner for staff salaries or development of the partnership agreement may be considered to be a part of the contribution of the eligible partner under this paragraph.”
“(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 program contracts with producers;
“(B) providing financial assistance to producers; and
“(C) in the case of a partnership agreement that is funded through an alternative funding arrangement or grant agreement under section 1271C(d), providing the payments to the eligible partner for carrying out eligible activities;
“(2) identify in each State a program coordinator for the State, who shall be responsible for providing assistance to eligible partners under the program;
“(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);
“(4) provide to each eligible partner that has entered into a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 1271C(d)—
“(A) a semiannual 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
“(5) ensure that any eligible activity effectively achieves the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).”
“(3) Contents.—The Secretary shall develop a simplified application that includes a description of—”
“(D) build new partnerships with local, State, and private entities to include a diversity of stakeholders in the project;
“(E) deliver a high percentage of applied conservation—
“(i) to achieve conservation benefits; or
“(ii) in the case of a project in a critical conservation area under section 1271F, to address the priority resource concern for that critical conservation area;
“(F) implement the project consistent with existing watershed, habitat, or other area restoration plans;”
; and
“(5) Renewals.—If the Secretary determines that a project that is the subject of a partnership agreement has met or exceeded the objectives of the project, the Secretary may renew the partnership agreement through an expedited noncompetitive process if the 1 or more eligible partners that are parties to the partnership agreement request the renewal in order—
“(A) to continue to implement the project under a renewal of the partnership agreement; or
“(B) to expand the scope of the project under a renewal of the partnership agreement, as long as the expansion is within the objectives and purposes of the original partnership agreement.”
; and
“(f) Nonapplicability of Adjusted Gross Income Limitation.—The adjusted gross income limitation described in section 1001D(b)(1) shall not apply to an eligible partner under the program.”
“(a) In General.—A producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
“(b) Program Contracts.—
“(1) In general.—The Secretary shall establish a program contract to be entered into with a producer to conduct eligible activities on eligible land, subject to such terms and conditions as the Secretary may establish.
“(2) Application bundles.—
“(A) In general.—An eligible partner may submit to the Secretary, on behalf of producers, a bundle of applications for assistance under the program through program contracts to address a substantial portion of the conservation benefits to be achieved by the project, as defined in the partnership agreement.
“(B) Priority.—The Secretary may give priority to applications described in subparagraph (A).”
“(d) Funding Through Alternative Funding Arrangements or Grant Agreements.—
“(1) In general.—A partnership agreement entered into with an eligible partner may be funded through an alternative funding arrangement or grant in accordance with this subsection.
“(2) Duties of the secretary.—The Secretary shall—
“(A) under a funding agreement under paragraph (1)—
“(i) use funding made available to carry out this subtitle to provide funding directly to the eligible partner; and
“(ii) provide technical and administrative assistance, as mutually agreed by the parties; and
“(B) enter into not more than 15 alternative funding arrangements or grant agreements with 1 or more eligible partners each fiscal year.
“(3) Duties of eligible partners.—Under a funding agreement under paragraph (1), the eligible partner shall—
“(A) carry out eligible activities on eligible land in agreement with producers to achieve conservation benefits on a regional or watershed scale, such as—
“(i) infrastructure investments relating to agricultural or nonindustrial private forest production that would—
“(I) benefit multiple producers; and
“(II) address natural resource concerns such as drought, wildfire, or water quality impairment on the land covered by the project;
“(ii) projects addressing natural resources concerns in coordination with producers, including the development and implementation of watershed, habitat, or other area restoration 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 producers; and
“(II) support for an environmental market; or
“(iv) other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the funding agreement under paragraph (1); and
“(B) submit to the Secretary, in addition to any information that the Secretary requires to prepare the report under section 1271E(b), an annual report that describes the status of the project, including a description of—
“(i) the use of the funds awarded under paragraph (1);
“(ii) any subcontracts awarded;
“(iii) the producers receiving funding through the funding agreement under paragraph (1);
“(iv)
(I) the progress made by the project in addressing each natural resource concern defined in the funding agreement under paragraph (1), including in a quantified form to the extent practicable; and
“(II) as appropriate, other outcomes of the project; and
“(v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.”
“(1) In general.—Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under section 1271C(d),”
; and
“(2) Project development and outreach.—Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 1271C(d), the Secretary may advance reasonable amounts of funding for not longer than 90 days for technical assistance to eligible partners to conduct project development and outreach activities in a project area, including—
“(A) providing outreach and education to producers for potential participation in the project;
“(B) establishing baseline metrics to support the development of the assessment required under section 1271B(c)(1)(E); or
“(C) providing technical assistance to producers.”
; and
“(e) Technical Assistance.—
“(1) In general.—At the time of project selection, the Secretary shall identify and make publicly 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 program.
“(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.”
“(1) a summary of—
“(A) the progress made towards achieving the conservation benefits defined for the projects; and
“(B) any other related outcomes of the projects;”
“(6) in the case of a project within a critical conservation area under section 1271F, the status of each priority resource concern for each designated critical conservation area, including—
“(A) the priority resource concerns for which each critical conservation area is designated;
“(B) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concerns;
“(C) the partnership agreements selected to address each conservation goal and outcome; and
“(D) the extent to which each conservation goal and outcome is being addressed by the partnership agreements.”
; and
“(c) Compliance With Certain Requirements.—The Secretary may not provide assistance under the program to a producer unless the 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) Historically Underserved Producers.—To the maximum extent practicable, in carrying out the program, the Secretary and eligible partners shall conduct outreach to beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers to encourage participation by those producers in a project subject to a partnership agreement or funding agreement under 1271C(d).
“(e) Regulations.—The Secretary shall issue regulations to carry out the program.”
“(a) Definitions.—In this section:
“(1) Critical conservation area.—The term ‘critical conservation area’ means a geographical area that contains a critical conservation condition that can be addressed through the program.
“(2) Priority resource concern.—The term ‘priority resource concern’ means a natural resource concern located in a critical conservation area that can be addressed through—
“(A) water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance;
“(B) water quantity improvement, including improvement relating to—
“(i) drought;
“(ii) groundwater, surface water, aquifer, or other water sources; or
“(iii) water retention and flood prevention;
“(C) wildlife habitat restoration to address species of concern at a Federal, State, or local level; and
“(D) other natural resource improvements, as determined by the Secretary, within the critical conservation area.”
“(b) Applications.—”
“(1) In general.—The Secretary shall identify 1 or more priority resource concerns that apply to each critical conservation area designated under this section after the date of enactment of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 649), including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concern.”
“(C) contains 1 or more priority resource concerns; or”
; and
“(3) Review and withdrawal.—The Secretary may—
“(A) review designations of critical conservation areas under this section not more frequently than once every 5 years; and
“(B) withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area.”
“(d) Outreach to Eligible Partners and Producers.—The Secretary shall provide outreach and education to eligible partners and producers in critical conservation areas designated under this section to encourage the development of projects to address each priority resource concern identified by the Secretary for that critical conservation area.”
; and
“(2) No additional funds.—
“(A) In general.—Nothing in this section authorizes any additional funds to carry out this section.
“(B) Availability of funds.—Any funds made available to carry out this section before the date of enactment of the Agriculture Improvement Act of 2018 may remain available until expended.”
; and
“(f) Termination of Authority.—The authority provided by this section shall terminate on October 1, 2023.”
“(14) The State Cooperative Extension Service and land grant university in the State.”