§3871a. Definitions — Inbound Citations
16 U.S.C. § 3871a
Cited by 74 provisions in release 119-102.
Citations to §3871a(2)
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(a) The Secretary shall establish a regional conservation partnership program to implement eligible activities on eligible land through—(1) partnership agreements, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title, with eligible partners; and(2) program contracts with producers.
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(1) To carry out eligible activities to accomplish purposes and functions similar to those of the following programs, as in effect on the day before February 7, 2014:(A) The agricultural water enhancement program established under section 3839aa–91 of this title.(B) The Chesapeake Bay watershed program established under section 3839bb–41 of this title.(C) The cooperative conservation partnership initiative established under section 38431 of this title.(D) The Great Lakes basin program for soil erosion and sediment control established under section 3839bb–31 of this title.
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(B) implementing projects that will result in the adoption, installation, and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multistate basis.
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(a) The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land.
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(ii) the eligible activities on eligible land to be conducted under the project to achieve conservation benefits;
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(C) in the case of a partnership agreement that is funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, providing the payments to the eligible partner for carrying out eligible activities;
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(5) ensure that any eligible activity effectively achieves the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).
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(a) A producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
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(1) 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.
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(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
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(2) The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies.
Citations to §3871a(4)
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(1) partnership agreements, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title, with eligible partners; and
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(3) To encourage eligible partners to cooperate with producers in—(A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production on eligible land, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns; and(B) implementing projects that will result in the adoption, installation, and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multistate basis.
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(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.
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(a) The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land.
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(1) Under a partnership agreement, the eligible partner shall—(A) define the scope of a project, including—(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;(v) the planning, outreach, implementation, and assessment to be conducted;(B) conduct outreach and education to producers for potential participation in the project;(C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under section 3871c of this title;(D) leverage financial or technical assistance provided by the Secretary with additional contributions to help achieve the project objectives;(E) conduct an assessment of—(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
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(A) An eligible partner shall provide a significant portion of the overall costs of the scope of the project that is the subject of the agreement entered into under subsection (a), as determined by the Secretary.
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(B) 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.
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(C) 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.
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(C) in the case of a partnership agreement that is funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, providing the payments to the eligible partner for carrying out eligible activities;
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(2) identify in each State a program coordinator for the State, who shall be responsible for providing assistance to eligible partners under the program;
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(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);
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(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 3871c(d) of this title—(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 3871d(f)1 of this title; and
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(A) a semiannual report describing the status of each pending and obligated contract under the project of the eligible partner; and
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(D) each eligible partner collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and contribution; and
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(5) 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.
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(f) The adjusted gross income limitation described in section 1308–3a(b)(1) of title 7 shall not apply to an eligible partner under the program.
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(A) 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.
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(1) A partnership agreement entered into with an eligible partner may be funded through an alternative funding arrangement or grant in accordance with this subsection.
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(i) use funding made available to carry out this subchapter to provide funding directly to the eligible partner; and
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(B) enter into not more than 15 alternative funding arrangements or grant agreements with 1 or more eligible partners each fiscal year.
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(3) 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 3871e(b) of this title, 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);(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
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(1) 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 3871c(d) of this title, may be used to pay for the administrative expenses of eligible partners.
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(2) Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, 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 3871b(c)(1)(E) of this title; or(C) providing technical assistance to producers.
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(3) 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.
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(2) the number and types of eligible partners and producers participating in the partnership agreements selected;
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(d) 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 3871c(d)1 of this title.
Citations to §3871a(5)
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(1) partnership agreements, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title, with eligible partners; and
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(4) To encourage the flexible and streamlined delivery of conservation assistance to producers through partnership agreements.
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(a) The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land.
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(1) A partnership agreement shall be—(A) for a period not to exceed 5 years; or
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(2) A partnership agreement may be renewed under subsection (e)(5) for a period not to exceed 5 years.
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(3) 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.
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(1) Under a partnership agreement, the eligible partner shall—(A) define the scope of a project, including—(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;(v) the planning, outreach, implementation, and assessment to be conducted;(B) conduct outreach and education to producers for potential participation in the project;(C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under section 3871c of this title;(D) leverage financial or technical assistance provided by the Secretary with additional contributions to help achieve the project objectives;(E) conduct an assessment of—(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
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(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
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(C) 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.
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(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 3871c(d) of this title, providing the payments to the eligible partner for carrying out eligible activities;
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(C) in the case of a partnership agreement that is funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, providing the payments to the eligible partner for carrying out eligible activities;
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(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 3871c(d) of this title—(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 3871d(f)1 of this title; and
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(5) ensure that any eligible activity effectively achieves the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).
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(1) The Secretary shall conduct a simplified competitive process to select applications for partnership agreements and may assess and rank applications with similar conservation purposes as a group.
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(5) 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.
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(A) to continue to implement the project under a renewal of the partnership agreement; or
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(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.
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(A) 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.
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(1) A partnership agreement entered into with an eligible partner may be funded through an alternative funding arrangement or grant in accordance with this subsection.
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(1) 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 3871c(d) of this title, may be used to pay for the administrative expenses of eligible partners.
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(2) Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, 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 3871b(c)(1)(E) of this title; or(C) providing technical assistance to producers.
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(1) 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.
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(3) 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.
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(2) the number and types of eligible partners and producers participating in the partnership agreements selected;
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(C) the partnership agreements selected to address each conservation goal and outcome; and
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(D) the extent to which each conservation goal and outcome is being addressed by the partnership agreements.
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(d) 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 3871c(d)1 of this title.
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(b) In administering funds under section 3871d(d)(2) of this title, the Secretary shall select applications for partnership agreements and program contracts within critical conservation areas designated under this section that address 1 or more priority resource concerns for which the critical conservation area is designated.
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(1) Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or program contract under this section in a manner that is consistent with the terms of the program.
Citations to §3871a(7)(A)
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(2) program contracts with producers.
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(A) entering into program contracts with producers;
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(a) A producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
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(1) 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.
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(A) 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.
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(b) In administering funds under section 3871d(d)(2) of this title, the Secretary shall select applications for partnership agreements and program contracts within critical conservation areas designated under this section that address 1 or more priority resource concerns for which the critical conservation area is designated.
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(1) Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or program contract under this section in a manner that is consistent with the terms of the program.