---
kind: "range"
citation: "16 U.S.C. §§ 3839aa–21–3839aa–25"
title: "16"
from: "3839aa–21"
to: "3839aa–25"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/16/3839aa-21..3839aa-25"
---

# §3839aa–21. Definitions


In this subpart:

- (1) **Agricultural operation—** The term “agricultural operation” means all [eligible land](#4-A), whether or not contiguous, that is—
  - (A) under the effective control of a producer at the time the producer enters into a contract under the [program](#6); and
  - (B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other [agricultural operations](#1), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
- (2) **Conservation activities—**
  - (A) **In general—** The term “conservation activities” means [conservation systems](/usc/16/3801.md?p=a-4), practices, or management measures.
  - (B) **Inclusions—** The term “[conservation activities](#2-A)” includes—
    - (i) structural measures, vegetative measures, and land management measures, including agriculture drainage management [systems](/usc/16/668ee.md?p=14), as determined by the [Secretary](/usc/16/3801.md?p=a-21);
    - (ii) planning needed to address a [priority resource concern](#5);
    - (iii) development of a comprehensive [conservation plan](/usc/16/3801.md?p=a-3), as defined in [section 3839aa–24(e)(1) of this title](/usc/16/3839aa–24.md?p=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.
- (3) **Conservation stewardship plan—** The term “conservation stewardship plan” means a plan that—
  - (A) identifies and inventories [priority resource concerns](#5);
  - (B) establishes benchmark data and [conservation](/usc/16/6456.md?p=2) objectives;
  - (C) describes [conservation activities](#2-A) to be implemented, managed, or improved; and
  - (D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing [conservation activities](#2-A).
- (4) **Eligible land—**
  - (A) **In general—** The term “eligible land” means—
    - (i) private or tribal land on which [agricultural commodities](/usc/16/3801.md?p=a-1), [livestock](/usc/16/3801.md?p=a-17), or forest-related products are produced; and
    - (ii) lands associated with the land described in [clause (i)](#4-A-i) on which [priority resource concerns](#5) could be addressed through a contract under the [program](#6).
  - (B) **Inclusions—** The term “[eligible land](#4-A)” includes—
    - (i) cropland;
    - (ii) grassland;
    - (iii) rangeland;
    - (iv) pasture land;
    - (v) [nonindustrial private forest land](/usc/16/3801.md?p=a-18); and
    - (vi) other land in agricultural [areas](/usc/16/539m–1.md?p=1-A) (including cropped woodland, marshes, and agricultural land used or capable of being used for the production of [livestock](/usc/16/3801.md?p=a-17)), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
- (5) **Priority resource concern—** The term “priority resource concern” means a natural resource concern or problem, as determined by the [Secretary](/usc/16/3801.md?p=a-21), that—
  - (A) is identified at the national, [State](/usc/16/3801.md?p=a-24), or local level as a priority for a particular [area](/usc/16/539m–1.md?p=1-A) of a [State](/usc/16/3801.md?p=a-24);
  - (B) represents a significant concern in a [State](/usc/16/3801.md?p=a-24) or [region](/usc/16/1447a.md?p=6); and
  - (C) is likely to be addressed successfully through the implementation of [conservation activities](#2-A) under this [program](#6).
- (6) **Program—** The term “program” means the [conservation](/usc/16/6456.md?p=2) stewardship program established by this subpart.
- (7) **Stewardship threshold—** The term “stewardship threshold” means the level of management required, as determined by the [Secretary](/usc/16/3801.md?p=a-21), to conserve and improve the quality and condition of a natural resource through the use of—
  - (A) quality criteria under a resource management [system](/usc/16/668ee.md?p=14);
  - (B) predictive analytics tools or models developed or approved by the Natural [Resources](/usc/16/410hhh–1.md?p=8) [Conservation](/usc/16/6456.md?p=2) Service;
  - (C) data from past and current enrollment in the [program](#6); and
  - (D) other methods that measure [conservation](/usc/16/6456.md?p=2) and improvement in [priority resource concerns](#5), as determined by the [Secretary](/usc/16/3801.md?p=a-21).

# §3839aa–22. Conservation stewardship program

- (a) **Establishment and purpose—** During each of fiscal years 2019 through 2031, the [Secretary](/usc/16/3801.md?p=a-21) shall carry out a [conservation](/usc/16/6456.md?p=2) stewardship [program](/usc/16/3839aa–21.md?p=6) to encourage producers to address [priority resource concerns](/usc/16/3839aa–21.md?p=5) and improve and conserve the quality and condition of natural [resources](/usc/16/410hhh–1.md?p=8) in a comprehensive manner—
  - (1) by undertaking additional [conservation activities](/usc/16/3839aa–21.md?p=2-A); and
  - (2) by improving, maintaining, and managing existing [conservation activities](/usc/16/3839aa–21.md?p=2-A).
- (b) **Exclusions—**
  - (1) **Land enrolled in other conservation programs—** Subject to [paragraph (2)](#b-2), the following land (even if covered by the definition of [eligible land](/usc/16/3839aa–21.md?p=4-A)) is not eligible for enrollment in the [program](/usc/16/3839aa–21.md?p=6):
    - (A) Land enrolled in the [conservation](/usc/16/6456.md?p=2) reserve [program](/usc/16/3839aa–21.md?p=6), unless—
      - (i) the [conservation](/usc/16/6456.md?p=2) reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the [program](/usc/16/3839aa–21.md?p=6); and
      - (ii) [conservation](/usc/16/6456.md?p=2) reserve [program](/usc/16/3839aa–21.md?p=6) payments for land enrolled in the [program](/usc/16/3839aa–21.md?p=6) cease before the first [program](/usc/16/3839aa–21.md?p=6) payment is made to the applicant under this subpart.
    - (B) Land enrolled in a [wetland](/usc/16/3801.md?p=a-27) reserve easement through the agricultural [conservation](/usc/16/6456.md?p=2) easement [program](/usc/16/3839aa–21.md?p=6).
  - (2) **Conversion to cropland—** [Eligible land](/usc/16/3839aa–21.md?p=4-A) used for crop production after December 20, 2018, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the [program](/usc/16/3839aa–21.md?p=6), unless the land does not meet such requirement because—
    - (A) the land had previously been enrolled in the [conservation](/usc/16/6456.md?p=2) reserve [program](/usc/16/3839aa–21.md?p=6);
    - (B) the land has been maintained using long-term crop rotation practices, as determined by the [Secretary](/usc/16/3801.md?p=a-21); or
    - (C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the [Secretary](/usc/16/3801.md?p=a-21).

# §3839aa–23. Stewardship contracts

- (a) **Submission of contract offers—** To be eligible to participate in the [conservation](/usc/16/6456.md?p=2) stewardship [program](/usc/16/3839aa–21.md?p=6), a producer shall submit to the [Secretary](/usc/16/3801.md?p=a-21) a contract offer for the [agricultural operation](/usc/16/3839aa–21.md?p=1) that—
  - (1) demonstrates to the satisfaction of the [Secretary](/usc/16/3801.md?p=a-21) that the producer, at the time of the contract offer, meets or exceeds the [stewardship threshold](/usc/16/3839aa–21.md?p=7) for at least 2 [priority resource concerns](/usc/16/3839aa–21.md?p=5); and
  - (2) would, at a minimum, meet or exceed the [stewardship threshold](/usc/16/3839aa–21.md?p=7) for at least 1 additional [priority resource concern](/usc/16/3839aa–21.md?p=5) by the end of the stewardship contract by—
    - (A) installing and adopting additional [conservation activities](/usc/16/3839aa–21.md?p=2-A); and
    - (B) improving, maintaining, and managing existing [conservation activities](/usc/16/3839aa–21.md?p=2-A) across the entire [agricultural operation](/usc/16/3839aa–21.md?p=1) in a manner that increases or extends the [conservation](/usc/16/6456.md?p=2) benefits in place at the time the contract offer is accepted by the [Secretary](/usc/16/3801.md?p=a-21).
- (b) **Evaluation of contract offers—**
  - (1) **Ranking of applications—**
    - (A) **In general—** In evaluating contract offers submitted under [subsection (a)](#a) and contract renewals under [subsection (e)](#e), the [Secretary](/usc/16/3801.md?p=a-21) shall rank applications based on—
      - (i) the natural resource [conservation](/usc/16/6456.md?p=2) and environmental benefits that result from the [conservation](/usc/16/6456.md?p=2) treatment on all applicable [priority resource concerns](/usc/16/3839aa–21.md?p=5) at the time of submission of the application;
      - (ii) the degree to which the proposed [conservation activities](/usc/16/3839aa–21.md?p=2-A) increase natural resource [conservation](/usc/16/6456.md?p=2) and environmental benefits; and
      - (iii) other consistent criteria, as determined by the [Secretary](/usc/16/3801.md?p=a-21).
    - (B) **Additional criterion—** If 2 or more applications receive the same ranking under [subparagraph (A)](#b-1-A), the [Secretary](/usc/16/3801.md?p=a-21) shall rank those contracts based on the extent to which the actual and anticipated [conservation](/usc/16/6456.md?p=2) benefits from each contract are provided at the lowest cost relative to other similarly beneficial contract offers.
  - (2) **Prohibition—** The [Secretary](/usc/16/3801.md?p=a-21) may not assign a higher priority to any application because the applicant is willing to accept a lower payment than the applicant would otherwise be eligible to receive.
  - (3) **Additional criteria—** The [Secretary](/usc/16/3801.md?p=a-21) may develop and use such additional criteria that the [Secretary](/usc/16/3801.md?p=a-21) determines are necessary to ensure that national, [State](/usc/16/3801.md?p=a-24), and local [priority resource concerns](/usc/16/3839aa–21.md?p=5) are effectively addressed.
- (c) **Entering into contracts—** After a determination that a producer is eligible for a contract or contract renewal under this section, and a determination that the contract or contract renewal offer ranks sufficiently high under the evaluation criteria under [subsection (b)](#b), the [Secretary](/usc/16/3801.md?p=a-21) shall enter into a [conservation](/usc/16/6456.md?p=2) stewardship contract or contract renewal with the producer to enroll the [eligible land](/usc/16/3839aa–21.md?p=4-A) to be covered by the contract or contract renewal.
- (d) **Contract provisions—**
  - (1) **Term—** A [conservation](/usc/16/6456.md?p=2) stewardship contract shall be for a term of 5 years.
  - (2) **Required provisions—** The [conservation](/usc/16/6456.md?p=2) stewardship contract of a producer shall—
    - (A) [state](/usc/16/3801.md?p=a-24) the amount of the payment the [Secretary](/usc/16/3801.md?p=a-21) agrees to make to the producer for each year of the [conservation](/usc/16/6456.md?p=2) stewardship contract under [section 3839aa–24(c) of this title](/usc/16/3839aa–24.md?p=c);
    - (B) require the producer—
      - (i) to implement a [conservation stewardship plan](/usc/16/3839aa–21.md?p=3) that describes the [program](/usc/16/3839aa–21.md?p=6) purposes to be achieved through 1 or more [conservation activities](/usc/16/3839aa–21.md?p=2-A);
      - (ii) to maintain and supply information as required by the [Secretary](/usc/16/3801.md?p=a-21) to determine compliance with the [conservation stewardship plan](/usc/16/3839aa–21.md?p=3) and any other requirements of the [program](/usc/16/3839aa–21.md?p=6); and
      - (iii) not to conduct any activities on the [agricultural operation](/usc/16/3839aa–21.md?p=1) that would tend to defeat the purposes of the [program](/usc/16/3839aa–21.md?p=6);
    - (C) permit all economic [uses](/usc/16/410hhh–1.md?p=10) of the [eligible land](/usc/16/3839aa–21.md?p=4-A) that—
      - (i) maintain the agricultural nature of the land; and
      - (ii) are consistent with the [conservation](/usc/16/6456.md?p=2) purposes of the [conservation](/usc/16/6456.md?p=2) stewardship contract;
    - (D) include a provision to ensure that a producer shall not be considered in [violation](/usc/16/620e.md?p=11) of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the [Secretary](/usc/16/3801.md?p=a-21);
    - (E) include provisions requiring that upon the [violation](/usc/16/620e.md?p=11) of a term or condition of the contract at any time the producer has control of the land—
      - (i) if the [Secretary](/usc/16/3801.md?p=a-21) determines that the [violation](/usc/16/620e.md?p=11) warrants termination of the contract—
        - (I) the producer shall forfeit all rights to receive payments under the contract; and
        - (II) the producer shall refund all or a portion of the payments received by the producer under the contract, including any interest on the payments, as determined by the [Secretary](/usc/16/3801.md?p=a-21); or
      - (ii) if the [Secretary](/usc/16/3801.md?p=a-21) determines that the [violation](/usc/16/620e.md?p=11) does not warrant termination of the contract, the producer shall refund or accept adjustments to the payments provided to the producer, as the [Secretary](/usc/16/3801.md?p=a-21) determines to be appropriate;
    - (F) include provisions in accordance with paragraphs [(3)](#d-3) and [(4)](#d-4); and
    - (G) include any additional provisions the [Secretary](/usc/16/3801.md?p=a-21) determines are necessary to carry out the [program](/usc/16/3839aa–21.md?p=6).
  - (3) **Change of interest in land subject to a contract—**
    - (A) **In general—** At the time of application, a producer shall have control of the [eligible land](/usc/16/3839aa–21.md?p=4-A) to be enrolled in the [program](/usc/16/3839aa–21.md?p=6). Except as provided in [subparagraph (B)](#d-3-B), a change in the interest of a producer in [eligible land](/usc/16/3839aa–21.md?p=4-A) covered by a contract under the [program](/usc/16/3839aa–21.md?p=6) shall result in the termination of the contract with regard to that land.
    - (B) **Transfer of duties and rights—** [Subparagraph (A)](#d-3-A) shall not apply if—
      - (i) within a reasonable period of time (as determined by the [Secretary](/usc/16/3801.md?p=a-21)) after the date of the change in the interest in [eligible land](/usc/16/3839aa–21.md?p=4-A) covered by a contract under the [program](/usc/16/3839aa–21.md?p=6), the transferee of the land provides written notice to the [Secretary](/usc/16/3801.md?p=a-21) that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred;
      - (ii) the transferee meets the eligibility requirements of the [program](/usc/16/3839aa–21.md?p=6); and
      - (iii) the [Secretary](/usc/16/3801.md?p=a-21) approves the transfer of all duties and rights under the contract.
  - (4) **Modification and termination of contracts—**
    - (A) **Voluntary modification or termination—** The [Secretary](/usc/16/3801.md?p=a-21) may modify or terminate a contract with a producer if—
      - (i) the producer agrees to the modification or termination; and
      - (ii) the [Secretary](/usc/16/3801.md?p=a-21) determines that the modification or termination is in the public interest.
    - (B) **Involuntary termination—** The [Secretary](/usc/16/3801.md?p=a-21) may terminate a contract if the [Secretary](/usc/16/3801.md?p=a-21) determines that the producer violated the contract.
  - (5) **Repayment—** If a contract is terminated, the [Secretary](/usc/16/3801.md?p=a-21) may, consistent with the purposes of the [program](/usc/16/3839aa–21.md?p=6)—
    - (A) allow the producer to retain payments already received under the contract; or
    - (B) require repayment, in whole or in part, of payments received and assess liquidated damages.
- (e) **Contract renewal—** The [Secretary](/usc/16/3801.md?p=a-21) may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period if the producer—
  - (1) demonstrates compliance with the terms of the existing contract;
  - (2) agrees to adopt and continue to integrate new or improved [conservation activities](/usc/16/3839aa–21.md?p=2-A) across the entire [agricultural operation](/usc/16/3839aa–21.md?p=1), demonstrating continued improvement during the additional 5-year period, as determined by the [Secretary](/usc/16/3801.md?p=a-21); and
  - (3) agrees, by the end of the contract period—
    - (A) to meet the [stewardship threshold](/usc/16/3839aa–21.md?p=7) of at least 2 additional [priority resource concerns](/usc/16/3839aa–21.md?p=5) on the [agricultural operation](/usc/16/3839aa–21.md?p=1); or
    - (B) to adopt or improve [conservation activities](/usc/16/3839aa–21.md?p=2-A), as determined by the [Secretary](/usc/16/3801.md?p=a-21), to achieve higher levels of performance with respect to not less than 2 existing [priority resource concerns](/usc/16/3839aa–21.md?p=5) that are specified by the [Secretary](/usc/16/3801.md?p=a-21) in the initial contract.

# §3839aa–24. Duties of the Secretary

- (a) **In general—** To achieve the [conservation](/usc/16/6456.md?p=2) goals of a contract under the [conservation](/usc/16/6456.md?p=2) stewardship [program](/usc/16/3839aa–21.md?p=6), the [Secretary](/usc/16/3801.md?p=a-21) shall—
  - (1) make the [program](/usc/16/3839aa–21.md?p=6) available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year;
  - (2) identify not less than 5 [priority resource concerns](/usc/16/3839aa–21.md?p=5) in a particular watershed or other appropriate [region](/usc/16/1447a.md?p=6) or [area](/usc/16/539m–1.md?p=1-A) within a [State](/usc/16/3801.md?p=a-24); and
  - (3) establish a science-based [stewardship threshold](/usc/16/3839aa–21.md?p=7) for each [priority resource concern](/usc/16/3839aa–21.md?p=5) identified under [paragraph (2)](#a-2).
- (b) **Allocation to States—** The [Secretary](/usc/16/3801.md?p=a-21) shall allocate funding to [States](/usc/16/544.md?p=r) for enrollment, based—
  - (1) primarily on each [State](/usc/16/3801.md?p=a-24)’s proportion of [eligible land](/usc/16/3839aa–21.md?p=4-A) to the total acreage of [eligible land](/usc/16/3839aa–21.md?p=4-A) in all [States](/usc/16/544.md?p=r); and
  - (2) also on consideration of—
    - (A) the extent and magnitude of the [conservation](/usc/16/6456.md?p=2) needs associated with agricultural production in each [State](/usc/16/3801.md?p=a-24);
    - (B) the degree to which implementation of the [program](/usc/16/3839aa–21.md?p=6) in the [State](/usc/16/3801.md?p=a-24) is, or will be, effective in helping producers address those needs; and
    - (C) other considerations to achieve equitable geographic distribution of [funds](/usc/16/1421h.md?p=2), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
- (c) **Conservation stewardship payments—**
  - (1) **Availability of payments—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide annual payments under the [program](/usc/16/3839aa–21.md?p=6) to compensate the producer for—
    - (A) installing and adopting additional [conservation activities](/usc/16/3839aa–21.md?p=2-A); and
    - (B) improving, maintaining, and managing [conservation activities](/usc/16/3839aa–21.md?p=2-A) in place at the [agricultural operation](/usc/16/3839aa–21.md?p=1) of the producer at the time the contract offer is accepted by the [Secretary](/usc/16/3801.md?p=a-21).
  - (2) **Payment amount—** The amount of the annual payment shall be determined by the [Secretary](/usc/16/3801.md?p=a-21) and based, to the maximum extent practicable, on the following factors:
    - (A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training.
    - (B) Income forgone by the producer.
    - (C) Expected [conservation](/usc/16/6456.md?p=2) benefits.
    - (D) The extent to which [priority resource concerns](/usc/16/3839aa–21.md?p=5) will be addressed through the installation and adoption of [conservation activities](/usc/16/3839aa–21.md?p=2-A) on the [agricultural operation](/usc/16/3839aa–21.md?p=1).
    - (E) The level of stewardship in place at the time of application and maintained over the term of the contract.
    - (F) The degree to which the [conservation activities](/usc/16/3839aa–21.md?p=2-A) will be integrated across the entire [agricultural operation](/usc/16/3839aa–21.md?p=1) for all applicable [priority resource concerns](/usc/16/3839aa–21.md?p=5) over the term of the contract.
    - (G) Such other factors as are determined appropriate by the [Secretary](/usc/16/3801.md?p=a-21).
  - (3) **Exclusions—** A payment to a producer under this subsection shall not be provided for—
    - (A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or
    - (B) [conservation activities](/usc/16/3839aa–21.md?p=2-A) for which there is no cost incurred or income forgone to the producer.
  - (4) **Delivery of payments—** In making payments under this subsection, the [Secretary](/usc/16/3801.md?p=a-21) shall, to the extent practicable—
    - (A) prorate [conservation](/usc/16/6456.md?p=2) performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual payments in each fiscal year; and
    - (B) make such payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year.
  - (5) **Payment for cover crop activities—** The amount of a payment under this subsection for cover crop activities shall be not less than 125 percent of the annual payment amount determined by the [Secretary](/usc/16/3801.md?p=a-21) under [paragraph (2)](#c-2).
- (d) **Supplemental payments for resource-conserving crop rotations and advanced grazing management—**
  - (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](/usc/16/3801.md?p=a-21)), which may include [management-intensive rotational grazing](#d-1-B), that provide for—
      - (i) improved soil health and carbon sequestration;
      - (ii) drought [resilience](/usc/16/6456.md?p=2);
      - (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](/usc/16/668ee.md?p=14) in which animals are regularly and systematically moved to fresh pasture in a manner that—
      - (i) maximizes the quantity and quality of forage growth;
      - (ii) improves manure distribution and nutrient cycling;
      - (iii) increases carbon sequestration from greater forage harvest;
      - (iv) improves the quality and quantity of cover for wildlife;
      - (v) provides permanent cover to protect the soil from erosion; and
      - (vi) improves water quality.
    - (C) **Resource-conserving crop rotation—** The term “resource-conserving crop rotation” means a crop rotation that—
      - (i) includes at least 1 resource-conserving crop (as defined by the [Secretary](/usc/16/3801.md?p=a-21));
      - (ii) reduces erosion;
      - (iii) improves soil fertility and tilth;
      - (iv) interrupts pest cycles;
      - (v) builds soil organic matter; and
      - (vi) in applicable [areas](/usc/16/539m–1.md?p=1-A), reduces depletion of soil moisture or otherwise reduces the need for irrigation.
  - (2) **Availability of payments—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide additional payments to producers that, in participating in the [program](/usc/16/3839aa–21.md?p=6), agree to adopt or improve, manage, and maintain—
    - (A) [resource-conserving crop rotations](#d-1-C); or
    - (B) [advanced grazing management](#d-1-A).
  - (3) **Eligibility—** To be eligible to receive a payment described in [paragraph (2)](#d-2), a producer shall agree to adopt or improve, manage, and maintain [resource-conserving crop rotations](#d-1-C) or [advanced grazing management](#d-1-A) for the term of the contract.
  - (4) **Amount of payment—** An additional payment provided under [paragraph (2)](#d-2) shall be not less than 150 percent of the annual payment amount determined by the [Secretary](/usc/16/3801.md?p=a-21) under [subsection (c)(2)](#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](/usc/16/3801.md?p=a-3) that meets or exceeds the [stewardship threshold](/usc/16/3839aa–21.md?p=7) for each [priority resource concern](/usc/16/3839aa–21.md?p=5) identified by the [Secretary](/usc/16/3801.md?p=a-21) under [subsection (a)(2)](#a-2).
  - (2) **Payment for comprehensive conservation plan—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide a 1-time payment to a producer that develops a [comprehensive conservation plan](#e-1).
  - (3) **Amount of payment—** The [Secretary](/usc/16/3801.md?p=a-21) shall determine the amount of payment under [paragraph (2)](#e-2) based on—
    - (A) the number of [priority resource concerns](/usc/16/3839aa–21.md?p=5) addressed in the [comprehensive conservation plan](#e-1); and
    - (B) the number of types of [land uses](/usc/16/1453.md?p=10) included in the [comprehensive conservation plan](#e-1).
- (f) **Payment limitations—** A [person](/usc/16/3801.md?p=a-19) or [legal entity](/usc/16/3801.md?p=a-19) may not receive, directly or indirectly, payments under the [program](/usc/16/3839aa–21.md?p=6) that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2019 through 2023, excluding funding arrangements with [Indian tribes](/usc/16/544.md?p=g), regardless of the number of contracts entered into under the [program](/usc/16/3839aa–21.md?p=6) by the [person](/usc/16/3801.md?p=a-19) or [legal entity](/usc/16/3801.md?p=a-19).
- (g) **Specialty crop and organic producers—** The [Secretary](/usc/16/3801.md?p=a-21) shall ensure that outreach and [technical assistance](/usc/16/3801.md?p=a-25) are available, and [program](/usc/16/3839aa–21.md?p=6) specifications are appropriate to enable specialty crop and organic producers to participate in the [program](/usc/16/3839aa–21.md?p=6).
- (h) **Organic certification—**
  - (1) **Coordination—** The [Secretary](/usc/16/3801.md?p=a-21) shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 ([7 U.S.C. 6501](/usc/7/6501.md) et seq.) while participating in a contract under the [program](/usc/16/3839aa–21.md?p=6).
  - (2) **Allocation—**
    - (A) **In general—** Using [funds](/usc/16/1421h.md?p=2) made available for the [program](/usc/16/3839aa–21.md?p=6) for each of fiscal years 2019 through 2031, the [Secretary](/usc/16/3801.md?p=a-21) shall allocate funding to [States](/usc/16/544.md?p=r) to support organic production and transition to organic production through [paragraph (1)](#h-1).
    - (B) **Determination—** The [Secretary](/usc/16/3801.md?p=a-21) shall determine the allocation to a [State](/usc/16/3801.md?p=a-24) under [subparagraph (A)](#h-2-A) based on—
      - (i) the number of certified and transitioning organic operations within the [State](/usc/16/3801.md?p=a-24); and
      - (ii) the number of acres of certified and transitioning organic production within the [State](/usc/16/3801.md?p=a-24).
- (i) **Regulations—** The [Secretary](/usc/16/3801.md?p=a-21) shall promulgate regulations that—
  - (1) prescribe such other rules as the [Secretary](/usc/16/3801.md?p=a-21) determines to be necessary to ensure a fair and reasonable application of the limitations established under [subsection (f)](#f); and
  - (2) otherwise enable the [Secretary](/usc/16/3801.md?p=a-21) to carry out the [program](/usc/16/3839aa–21.md?p=6).
- (j) **Streamlining and coordination—** To the maximum extent feasible, the [Secretary](/usc/16/3801.md?p=a-21) shall provide for streamlined and coordinated procedures for the [program](/usc/16/3839aa–21.md?p=6) and the environmental quality incentives [program](/usc/16/3839aa–21.md?p=6) under subpart A, including applications, contracting, conservation planning, [conservation](/usc/16/6456.md?p=2) practices, and related administrative procedures.
- (k) **Soil health—** To the maximum extent feasible, the [Secretary](/usc/16/3801.md?p=a-21) shall manage the [program](/usc/16/3839aa–21.md?p=6) to enhance soil health.
- (l) **Annual report—** Each fiscal year, the [Secretary](/usc/16/3801.md?p=a-21) shall submit to the [Committee](/usc/16/941b.md?p=1) on Agriculture of the House of [Representatives](/usc/16/5609.md?p=13) and the [Committee](/usc/16/941b.md?p=1) on Agriculture, Nutrition, and Forestry of the Senate a report describing the payment rates for [conservation activities](/usc/16/3839aa–21.md?p=2-A) offered to producers under the [program](/usc/16/3839aa–21.md?p=6) and an analysis of whether payment rates can be reduced for the most expensive [conservation activities](/usc/16/3839aa–21.md?p=2-A).

# §3839aa–25. Grassland conservation initiative

- (a) **Definitions—** In this section:
  - (1) **Eligible land—** Notwithstanding sections [3839aa–21(4)](/usc/16/3839aa–21.md?p=4) and [3839aa–22(b)(2)](/usc/16/3839aa–22.md?p=b-2) of this title, the term “[eligible land](/usc/16/3839aa–21.md?p=4-A)” means cropland on a farm for which base acres have been maintained by the [Secretary](/usc/16/3801.md?p=a-21) under [section 9012(d)(3) of title 7](/usc/7/9012.md?p=d-3).
  - (2) **Initiative—** The term “initiative” means the grassland [conservation](/usc/16/6456.md?p=2) initiative established under [subsection (b)](#b).
- (b) **Establishment and purpose—** The [Secretary](/usc/16/3801.md?p=a-21) shall establish within the [program](/usc/16/3839aa–21.md?p=6) a grassland [conservation](/usc/16/6456.md?p=2) [initiative](#a-2) for the purpose of assisting producers in protecting grazing [uses](/usc/16/410hhh–1.md?p=10), conserving and improving soil, water, and wildlife [resources](/usc/16/410hhh–1.md?p=8), and achieving related [conservation](/usc/16/6456.md?p=2) values by conserving [eligible land](/usc/16/3839aa–21.md?p=4-A) through grassland [conservation](/usc/16/6456.md?p=2) contracts under [subsection (e)](#e).
- (c) **Election—** Beginning in fiscal year 2019, the [Secretary](/usc/16/3801.md?p=a-21) shall provide a 1-time election to enroll [eligible land](/usc/16/3839aa–21.md?p=4-A) in the [initiative](#a-2) under a contract described in [subsection (e)](#e).
- (d) **Method of enrollment—** The [Secretary](/usc/16/3801.md?p=a-21) shall—
  - (1) notwithstanding subsection (b) of [section 3839aa–23 of this title](/usc/16/3839aa–23.md), determine under [subsection (c)](/usc/16/3839aa–23.md?p=c) of that section that [eligible land](/usc/16/3839aa–21.md?p=4-A) ranks sufficiently high under the evaluation criteria described in [subsection (b)](/usc/16/3839aa–23.md?p=b) of that section; and
  - (2) enroll the [eligible land](/usc/16/3839aa–21.md?p=4-A) in the [initiative](#a-2) under a contract described in [subsection (e)](#e).
- (e) **Grassland conservation contract—**
  - (1) **In general—** Notwithstanding [section 3839aa–23(a)(1) of this title](/usc/16/3839aa–23.md?p=a-1), to enroll [eligible land](/usc/16/3839aa–21.md?p=4-A) in the [initiative](#a-2) under a grassland [conservation](/usc/16/6456.md?p=2) contract, a producer shall agree—
    - (A) to meet or exceed the [stewardship threshold](/usc/16/3839aa–21.md?p=7) for not less than 1 [priority resource concern](/usc/16/3839aa–21.md?p=5) 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](/usc/16/6456.md?p=2) 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 3839aa–23(e) of this title](/usc/16/3839aa–23.md?p=e); and
    - (B) be subject to [section 3839aa–23(d) of this title](/usc/16/3839aa–23.md?p=d).
  - (3) **Early termination—** The [Secretary](/usc/16/3801.md?p=a-21) shall allow a producer that enters into a grassland [conservation](/usc/16/6456.md?p=2) 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](/usc/16/3801.md?p=a-3) developed for [eligible land](/usc/16/3839aa–21.md?p=4-A) shall be limited to—
  - (1) [eligible land](/usc/16/3839aa–21.md?p=4-A); and
  - (2) resource concerns and activities relating to grassland.
- (g) **Payments—**
  - (1) **In general—** Beginning in fiscal year 2019, of the [funds](/usc/16/1421h.md?p=2) made available for this subpart under [section 3841(a)(3)(B) of this title](/usc/16/3841.md?p=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 3839aa–24(c) of this title](/usc/16/3839aa–24.md?p=c), the [Secretary](/usc/16/3801.md?p=a-21) shall make annual grassland [conservation](/usc/16/6456.md?p=2) contract payments to the producer of any [eligible land](/usc/16/3839aa–21.md?p=4-A) that is the subject of a grassland [conservation](/usc/16/6456.md?p=2) contract under this section.
  - (2) **Payment noneligibility—** A grassland [conservation](/usc/16/6456.md?p=2) contract under this section shall not be—
    - (A) eligible for payments under [section 3839aa–24(d) of this title](/usc/16/3839aa–24.md?p=d); or
    - (B) subject to the payment limitations under this subpart.
  - (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](/usc/16/3801.md?p=a-21) shall consider land enrolled under a grassland [conservation](/usc/16/6456.md?p=2) contract under this section during a crop year to be planted or considered planted to a covered commodity (as defined in [section 9011 of title 7](/usc/7/9011.md)) during that crop year.
- (i) **Other contracts—** A producer with an [agricultural operation](/usc/16/3839aa–21.md?p=1) that contains land eligible under this section and land eligible under [section 3839aa–23 of this title](/usc/16/3839aa–23.md)—
  - (1) may enroll the land eligible under this section through a contract under this section or under [section 3839aa–23 of this title](/usc/16/3839aa–23.md); and
  - (2) shall not be prohibited from enrolling the land eligible under [section 3839aa–23 of this title](/usc/16/3839aa–23.md) through a contract under [section 3839aa–23 of this title](/usc/16/3839aa–23.md).