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

# §3871c. Assistance to producers

- (a) **In general—** A producer may receive financial or [technical assistance](/usc/16/3801.md?p=a-25) to conduct [eligible activities](/usc/16/3871a.md?p=2) on [eligible land](/usc/16/3865a.md?p=4) through a [program contract](/usc/16/3871a.md?p=7-A) entered into with the [Secretary](/usc/16/3801.md?p=a-21).
- (b) **Program contracts—**
  - (1) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall establish a [program contract](/usc/16/3871a.md?p=7-A) to be entered into with a producer to conduct [eligible activities](/usc/16/3871a.md?p=2) on [eligible land](/usc/16/3865a.md?p=4), subject to such terms and conditions as the [Secretary](/usc/16/3801.md?p=a-21) may establish.
  - (2) **Application bundles—**
    - (A) **In general—** An [eligible partner](/usc/16/3871a.md?p=4) may submit to the [Secretary](/usc/16/3801.md?p=a-21), on behalf of producers, a bundle of applications for assistance under the [program](/usc/16/3865a.md?p=6) through [program contracts](/usc/16/3871a.md?p=7-A) to address a substantial portion of the conservation benefits to be achieved by the [project](/usc/16/410r–5.md?p=c-4), as defined in the [partnership agreement](/usc/16/3871a.md?p=5).
    - (B) **Priority—** The [Secretary](/usc/16/3801.md?p=a-21) may give priority to applications described in [subparagraph (A)](#b-2-A).
- (c) **Payments—**
  - (1) **In general—** Subject to [section 3871d of this title](/usc/16/3871d.md), the [Secretary](/usc/16/3801.md?p=a-21) may make payments to a producer in an amount determined by the [Secretary](/usc/16/3801.md?p=a-21) to be necessary to achieve the purposes of the [program](/usc/16/3865a.md?p=6).
  - (2) **Payments to certain producers—** The [Secretary](/usc/16/3801.md?p=a-21) may provide payments for a period of 5 years—
    - (A) to producers participating in a [project](/usc/16/410r–5.md?p=c-4) that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and
    - (B) to producers participating in a [project](/usc/16/410r–5.md?p=c-4) that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management.
  - (3) **Waiver authority—** To assist in the implementation of the [program](/usc/16/3865a.md?p=6), the [Secretary](/usc/16/3801.md?p=a-21) may waive the applicability of the limitation in [section 1308–3a(b)(2) of title 7](/usc/7/1308–3a.md?p=b-2) for producers if the [Secretary](/usc/16/3801.md?p=a-21) determines that the waiver is necessary to fulfill the objectives of the [program](/usc/16/3865a.md?p=6).
- (d) **Funding through alternative funding arrangements or grant agreements—**
  - (1) **In general—** A [partnership agreement](/usc/16/3871a.md?p=5) entered into with an [eligible partner](/usc/16/3871a.md?p=4) may be funded through an alternative funding arrangement or grant in accordance with this subsection.
  - (2) **Duties of the Secretary—** The [Secretary](/usc/16/3801.md?p=a-21) shall—
    - (A) under a funding agreement under [paragraph (1)](#d-1)—
      - (i) use funding made available to carry out this subchapter to provide funding directly to the [eligible partner](/usc/16/3871a.md?p=4); 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](/usc/16/3871a.md?p=4) each fiscal year.
  - (3) **Duties of eligible partners—** Under a funding agreement under [paragraph (1)](#d-1), the [eligible partner](/usc/16/3871a.md?p=4) shall—
    - (A) carry out [eligible activities](/usc/16/3871a.md?p=2) on [eligible land](/usc/16/3865a.md?p=4) 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](/usc/16/410r–5.md?p=c-4);
      - (ii) [projects](/usc/16/410r–5.md?p=c-4) addressing natural resources concerns in coordination with producers, including the development and implementation of watershed, habitat, or other [area](/usc/16/539m–1.md?p=1-A) restoration plans;
      - (iii) [projects](/usc/16/410r–5.md?p=c-4) 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](/usc/16/410r–5.md?p=c-4) for which the [Secretary](/usc/16/3801.md?p=a-21) determines that the goals and objectives of the [program](/usc/16/3865a.md?p=6) would be easier to achieve through the funding agreement under [paragraph (1)](#d-1); and
    - (B) submit to the [Secretary](/usc/16/3801.md?p=a-21), in [addition](/usc/16/410r–5.md?p=c-2) to any information that the [Secretary](/usc/16/3801.md?p=a-21) requires to prepare the report under [section 3871e(b) of this title](/usc/16/3871e.md?p=b), an annual report that describes the status of the [project](/usc/16/410r–5.md?p=c-4), including a description of—
      - (i) the use of the funds awarded under [paragraph (1)](#d-1);
      - (ii) any subcontracts awarded;
      - (iii) the producers receiving funding through the funding agreement under [paragraph (1)](#d-1);
      - (iv)
        - (I) the progress made by the [project](/usc/16/410r–5.md?p=c-4) in addressing each natural resource concern defined in the funding agreement under [paragraph (1)](#d-1), 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
      - (v) any other reporting data the [Secretary](/usc/16/3801.md?p=a-21) determines are necessary to ensure compliance with the [program](/usc/16/3865a.md?p=6) rules.

## Source credit

(Pub. L. 99–198, title XII, § 1271C, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 747; amended Pub. L. 115–334, title II, § 2704, Dec. 20, 2018, 132 Stat. 4596.)

## Notes

### Editorial Notes

### Amendments

2018—Subsecs. (a), (b). Pub. L. 115–334, § 2704(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which authorized the Secretary to enter into contracts with producers to provide financial and technical assistance and set forth provisions relating to terms and conditions, respectively.

Subsec. (c)(1). Pub. L. 115–334, § 2704(2)(A), substituted “Subject to section 3871d of this title, the Secretary may make payments to a producer” for “In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer”.

Subsec. (c)(3). Pub. L. 115–334, § 2704(2)(B), struck out “participating” before “producers”.

Subsec. (d). Pub. L. 115–334, § 2704(3), added subsec. (d).