---
kind: "section"
citation: "16 U.S.C. § 3871b"
title: "16"
title_heading: "Conservation"
number: "3871b"
heading: "Regional conservation partnerships"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3871b"
units:
  - "Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program"
  - "Subchapter VIII — Regional Conservation Partnership Program"
---

# §3871b. Regional conservation partnerships

- (a) **Partnership agreements authorized—** The [Secretary](/usc/16/3801.md?p=a-21) may enter into a [partnership agreement](/usc/16/3871a.md?p=5) with an [eligible partner](/usc/16/3871a.md?p=4) to implement a [project](/usc/16/410r–5.md?p=c-4) that will assist producers with installing and maintaining an [eligible activity](/usc/16/3871a.md?p=2) on [eligible land](/usc/16/3865a.md?p=4).
- (b) **Length—**
  - (1) **In general—** A [partnership agreement](/usc/16/3871a.md?p=5) 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](/usc/16/3865a.md?p=6), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
  - (2) **Renewal—** A [partnership agreement](/usc/16/3871a.md?p=5) may be renewed under [subsection (e)(5)](#e-5) for a period not to exceed 5 years.
  - (3) **Extension—** A [partnership agreement](/usc/16/3871a.md?p=5), or any renewal of a [partnership agreement](/usc/16/3871a.md?p=5), may each be extended 1 time for a period not longer than 12 months, as determined by the [Secretary](/usc/16/3801.md?p=a-21).
- (c) **Duties of partners—**
  - (1) **In general—** Under a [partnership agreement](/usc/16/3871a.md?p=5), the [eligible partner](/usc/16/3871a.md?p=4) shall—
    - (A) define the scope of a [project](/usc/16/410r–5.md?p=c-4), including—
      - (i) 1 or more conservation benefits that the [project](/usc/16/410r–5.md?p=c-4) shall achieve;
      - (ii) the [eligible activities](/usc/16/3871a.md?p=2) on [eligible land](/usc/16/3865a.md?p=4) to be conducted under the [project](/usc/16/410r–5.md?p=c-4) to achieve conservation benefits;
      - (iii) the implementation timeline for carrying out the [project](/usc/16/410r–5.md?p=c-4), including any interim milestones;
      - (iv) the local, [State](/usc/16/3801.md?p=a-24), multistate, or other geographic [area](/usc/16/539m–1.md?p=1-A) covered; and
      - (v) the planning, outreach, implementation, and assessment to be conducted;
    - (B) conduct outreach and education to producers for potential participation in the [project](/usc/16/410r–5.md?p=c-4);
    - (C) at the request of a producer, act on behalf of a producer participating in the [project](/usc/16/410r–5.md?p=c-4) in applying for assistance under [section 3871c of this title](/usc/16/3871c.md);
    - (D) leverage financial or [technical assistance](/usc/16/3801.md?p=a-25) provided by the [Secretary](/usc/16/3801.md?p=a-21) with additional contributions to help achieve the [project](/usc/16/410r–5.md?p=c-4) objectives;
    - (E) conduct an assessment of—
      - (i) the progress made by the [project](/usc/16/410r–5.md?p=c-4) in achieving each conservation benefit defined in the [partnership agreement](/usc/16/3871a.md?p=5), including in a quantified form to the extent practicable; and
      - (ii) as appropriate, other outcomes of the [project](/usc/16/410r–5.md?p=c-4); and
    - (F) at the conclusion of the [project](/usc/16/410r–5.md?p=c-4), report to the [Secretary](/usc/16/3801.md?p=a-21) on its results and funds leveraged.
  - (2) **Contribution—**
    - (A) **In general—** An [eligible partner](/usc/16/3871a.md?p=4) shall provide a significant portion of the overall costs of the scope of the [project](/usc/16/410r–5.md?p=c-4) that is the subject of the agreement entered into under [subsection (a)](#a), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
    - (B) **Form—** A contribution of an [eligible partner](/usc/16/3871a.md?p=4) 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](/usc/16/3801.md?p=a-21) announces the approval of an application under [subsection (e)](#e) and ending on the day before the effective date of the [partnership agreement](/usc/16/3871a.md?p=5) by an [eligible partner](/usc/16/3871a.md?p=4) for staff salaries or development of the [partnership agreement](/usc/16/3871a.md?p=5) may be considered to be a part of the contribution of the [eligible partner](/usc/16/3871a.md?p=4) under this paragraph.
- (d) **Duties of Secretary—** The [Secretary](/usc/16/3801.md?p=a-21) shall—
  - (1) establish a timeline for carrying out the duties of the [Secretary](/usc/16/3801.md?p=a-21) under a [partnership agreement](/usc/16/3871a.md?p=5), including—
    - (A) entering into [program contracts](/usc/16/3871a.md?p=7-A) with producers;
    - (B) providing financial assistance to producers; and
    - (C) in the case of a [partnership agreement](/usc/16/3871a.md?p=5) that is funded through an alternative funding arrangement or grant agreement under [section 3871c(d) of this title](/usc/16/3871c.md?p=d), providing the payments to the [eligible partner](/usc/16/3871a.md?p=4) for carrying out [eligible activities](/usc/16/3871a.md?p=2);
  - (2) identify in each [State](/usc/16/3801.md?p=a-24) a [program](/usc/16/3865a.md?p=6) coordinator for the [State](/usc/16/3801.md?p=a-24), who shall be responsible for providing assistance to [eligible partners](/usc/16/3871a.md?p=4) under the [program](/usc/16/3865a.md?p=6);
  - (3) establish guidance to assist [eligible partners](/usc/16/3871a.md?p=4) with carrying out the assessment required under [subsection (c)(1)(E)](#c-1-E);
  - (4) provide to each [eligible partner](/usc/16/3871a.md?p=4) that has entered into a [partnership agreement](/usc/16/3871a.md?p=5) that is not funded through an alternative funding arrangement or grant agreement under [section 3871c(d) of this title](/usc/16/3871c.md?p=d)—
    - (A) a semiannual report describing the status of each pending and obligated contract under the [project](/usc/16/410r–5.md?p=c-4) of the [eligible partner](/usc/16/3871a.md?p=4); and
    - (B) an annual report describing how the [Secretary](/usc/16/3801.md?p=a-21) used amounts reserved by the [Secretary](/usc/16/3801.md?p=a-21) for that year for [technical assistance](/usc/16/3801.md?p=a-25) under [section 3871d(f)](/usc/16/3871d.md)[^1] of this title; and
  - (5) ensure that any [eligible activity](/usc/16/3871a.md?p=2) effectively achieves the conservation benefits identified in the [partnership agreement](/usc/16/3871a.md?p=5) under [subsection (c)(1)(A)(i)](#c-1-A-i).
- (e) **Applications—**
  - (1) **Competitive process—** The [Secretary](/usc/16/3801.md?p=a-21) shall conduct a simplified competitive process to select applications for [partnership agreements](/usc/16/3871a.md?p=5) and may assess and rank applications with similar conservation purposes as a group.
  - (2) **Criteria used—** In carrying out the process described in [paragraph (1)](#e-1), the [Secretary](/usc/16/3801.md?p=a-21) shall make public the criteria used in evaluating applications.
  - (3) **Contents—** The [Secretary](/usc/16/3801.md?p=a-21) shall develop a simplified application that includes a description of—
    - (A) the scope of the [project](/usc/16/410r–5.md?p=c-4), as described in [subsection (c)(1)(A)](#c-1-A);
    - (B) the plan for monitoring, evaluating, and reporting on progress made toward achieving the [project](/usc/16/410r–5.md?p=c-4)’s objectives;
    - (C) the [program](/usc/16/3865a.md?p=6) resources requested for the [project](/usc/16/410r–5.md?p=c-4) and estimated funding needed from the [Secretary](/usc/16/3801.md?p=a-21);
    - (D) each [eligible partner](/usc/16/3871a.md?p=4) collaborating to achieve [project](/usc/16/410r–5.md?p=c-4) objectives, including their roles, responsibilities, capabilities, and contribution; and
    - (E) any other elements the [Secretary](/usc/16/3801.md?p=a-21) considers necessary to adequately evaluate and competitively select applications for funding under the [program](/usc/16/3865a.md?p=6).
  - (4) **Priority to certain applications—** The [Secretary](/usc/16/3801.md?p=a-21) may give a higher priority to applications that—
    - (A) assist producers in meeting or avoiding the need for a natural resource regulatory requirement;
    - (B) have a high percentage of producers in the [area](/usc/16/539m–1.md?p=1-A) to be covered by the agreement;
    - (C) significantly leverage non-Federal financial and technical resources and coordinate with other local, [State](/usc/16/3801.md?p=a-24), or national efforts;
    - (D) build new partnerships with local, [State](/usc/16/3801.md?p=a-24), and private entities to include a diversity of stakeholders in the [project](/usc/16/410r–5.md?p=c-4);
    - (E) deliver a high percentage of applied conservation—
      - (i) to achieve conservation benefits; or
      - (ii) in the case of a [project](/usc/16/410r–5.md?p=c-4) in a critical conservation [area](/usc/16/539m–1.md?p=1-A) under [section 3871f of this title](/usc/16/3871f.md), to address the priority resource concern for that critical conservation [area](/usc/16/539m–1.md?p=1-A);
    - (F) implement the [project](/usc/16/410r–5.md?p=c-4) consistent with existing watershed, habitat, or other [area](/usc/16/539m–1.md?p=1-A) restoration plans;
    - (G) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods; or
    - (H) meet other factors that are important for achieving the purposes of the [program](/usc/16/3865a.md?p=6), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
  - (5) **Renewals—** If the [Secretary](/usc/16/3801.md?p=a-21) determines that a [project](/usc/16/410r–5.md?p=c-4) that is the subject of a [partnership agreement](/usc/16/3871a.md?p=5) has met or exceeded the objectives of the [project](/usc/16/410r–5.md?p=c-4), the [Secretary](/usc/16/3801.md?p=a-21) may renew the [partnership agreement](/usc/16/3871a.md?p=5) through an expedited noncompetitive process if the 1 or more [eligible partners](/usc/16/3871a.md?p=4) that are parties to the [partnership agreement](/usc/16/3871a.md?p=5) request the renewal in order—
    - (A) to continue to implement the [project](/usc/16/410r–5.md?p=c-4) under a renewal of the [partnership agreement](/usc/16/3871a.md?p=5); or
    - (B) to expand the scope of the [project](/usc/16/410r–5.md?p=c-4) under a renewal of the [partnership agreement](/usc/16/3871a.md?p=5), as long as the expansion is within the objectives and purposes of the original [partnership agreement](/usc/16/3871a.md?p=5).
- (f) **Nonapplicability of adjusted gross income limitation—** The adjusted gross income limitation described in [section 1308–3a(b)(1) of title 7](/usc/7/1308–3a.md?p=b-1) shall not apply to an [eligible partner](/usc/16/3871a.md?p=4) under the [program](/usc/16/3865a.md?p=6).

## Footnotes

[^1]: So in original. Probably should be “section 3871d(e)”.

## Source credit

(Pub. L. 99–198, title XII, § 1271B, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 746; amended Pub. L. 115–334, title II, § 2703, Dec. 20, 2018, 132 Stat. 4594.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (b). Pub. L. 115–334, § 2703(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “A partnership agreement shall be for a period not to exceed 5 years, except that the Secretary may extend the agreement one time for up to 12 months when an extension is necessary to meet the objectives of the program.”

Subsec. (c)(1)(A). Pub. L. 115–334, § 2703(2)(A)(i), added cls. (i) to (iii), redesignated former cls. (iii) and (iv) as (iv) and (v), respectively, and struck out former cls. (i) and (ii) which read as follows:

“(i) the eligible activities to be implemented;

“(ii) the potential agricultural or nonindustrial private forest land operations affected;”.

Subsec. (c)(1)(D). Pub. L. 115–334, § 2703(2)(A)(ii), substituted “contributions” for “funds”.

Subsec. (c)(1)(E). Pub. L. 115–334, § 2703(2)(A)(iii), substituted “of—” for “of the project’s effects; and” and added cls. (i) and (ii).

Subsec. (c)(2). Pub. L. 115–334, § 2703(2)(B), designated existing provisions as subpar. (A), inserted heading, and added subpars. (B) and (C).

Subsecs. (d), (e). Pub. L. 115–334, § 2703(3), (4), added subsec. (d) and redesignated former subsec. (d) as (e).

Subsec. (e)(1). Pub. L. 115–334, § 2703(5)(A), inserted “simplified” before “competitive process”.

Subsec. (e)(3). Pub. L. 115–334, § 2703(5)(B)(i), substituted “Contents” for “Content” in heading and “The Secretary shall develop a simplified application that includes a description of—” for “An application to the Secretary shall include a description of—” in introductory provisions.

Subsec. (e)(3)(C). Pub. L. 115–334, § 2703(5)(B)(ii), struck out “, including the covered programs to be used” after “resources requested for the project”.

Subsec. (e)(3)(D). Pub. L. 115–334, § 2703(5)(B)(iii), struck out “financial” before “contribution”.

Subsec. (e)(4)(D) to (H). Pub. L. 115–334, § 2703(5)(C), added subpars. (D) to (F), redesignated former subpars. (E) and (F) as (G) and (H), respectively, and struck out former subpar. (D) which read as follows: “deliver high percentages of applied conservation to address conservation priorities or regional, State, or national conservation initiatives;”.

Subsec. (e)(5). Pub. L. 115–334, § 2703(5)(D), added par. (5).

Subsec. (f). Pub. L. 115–334, § 2703(6), added subsec. (f).