16 U.S.C. § 3871b — Regional conservation partnerships

Page 2439 TITLE 16—CONSERVATION § 3871b (E) The conservation reserve program es- tablished under subpart B of part I of sub- chapter IV. (F) The programs established by the Sec- retary to carry out the Watershed Protec- tion 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 prac- tice, 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 agricul- tural or nonindustrial private forest land or associated land on which the Secretary deter- mines an eligible activity would help achieve conservation benefits. (4) Eligible partner The term ‘‘eligible partner’’ means any of the following: (A) An agricultural or silvicultural pro- ducer association or other group of pro- ducers. (B) A State or unit of local government. (C) An Indian tribe. (D) A farmer cooperative. (E) A water district, irrigation district, acequia, rural water district or association, or other organization with specific water de- livery authority to producers on agricultural land. (F) A municipal water or wastewater treatment entity. (G) An institution of higher education. (H) An organization or entity with an es- tablished history of working cooperatively with producers on agricultural land, as de- termined by the Secretary, to address— (i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private for- est land management; or (ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues. (I) An organization described in section 3865a(3)(B) of this title. (J) A conservation district. (5) Partnership agreement The term ‘‘partnership agreement’’ means the programmatic agreement entered into be- tween the Secretary and an eligible partner, subject to the terms and conditions under sec- tion 3871b of this title. (6) Program The term ‘‘program’’ means the regional conservation partnership program established by this subchapter. (7) Program contract (A) In general The term ‘‘program contract’’ means the contract between the Secretary and a pro- ducer entered into under this subchapter. (B) Exclusion The term ‘‘program contract’’ does not in- clude a contract under a covered program. (Pub. L. 99–198, title XII, § 1271A, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 745; amended Pub. L. 115–334, title II, § 2702, Dec. 20, 2018, 132 Stat. 4593.) Editorial Notes REFERENCES IN TEXT The Watershed Protection and Flood Prevention Act, referred to in par. (1)(F), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. AMENDMENTS 2018—Par. (1)(C). Pub. L. 115–334, § 2702(1)(A), inserted ‘‘, not including the grassland conservation initiative under section 3839aa–25 of this title’’ before period at end. Par. (1)(E), (F). Pub. L. 115–334, § 2702(1)(B), added sub- pars. (E) and (F). Pars. (2), (3). Pub. L. 115–334, § 2702(2), added pars. (2) and (3) and struck out former pars. (2) and (3), which defined ‘‘eligible activity’’ as a conservation activity for specified purposes and types of projects and ‘‘eligi- ble land’’ as specified types of land or associated lands on which agricultural commodities, livestock, or for- est-related products are produced. Par. (4)(E). Pub. L. 115–334, § 2702(3)(A), inserted ‘‘acequia,’’ after ‘‘irrigation district,’’. Par. (4)(I), (J). Pub. L. 115–334, § 2702(3)(B), added sub- pars. (I) and (J). Par. (5). Pub. L. 115–334, § 2702(4), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘The term ‘partnership agreement’ means an agreement entered into under section 3871b of this title between the Secretary and an eligible part- ner.’’ Par. (7). Pub. L. 115–334, § 2702(5), added par. (7). § 3871b. Regional conservation partnerships (a) Partnership agreements authorized The Secretary may enter into a partnership agreement with an eligible partner to imple- ment a project that will assist producers with installing and maintaining an eligible activity on eligible land. (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 ex- ceed 5 years. (3) Extension A partnership agreement, or any renewal of a partnership agreement, may each be ex- tended 1 time for a period not longer than 12 months, as determined by the Secretary. (c) Duties of partners (1) In general Under a partnership agreement, the eligible partner shall— Page 2440 TITLE 16—CONSERVATION § 3871b 1 So in original. Probably should be ‘‘section 3871d(e)’’. (A) define the scope of a project, includ- ing— (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 in- terim milestones; (iv) the local, State, multistate, or other geographic area covered; and (v) the planning, outreach, implementa- tion, and assessment to be conducted; (B) conduct outreach and education to pro- ducers for potential participation in the project; (C) at the request of a producer, act on be- half of a producer participating in the project in applying for assistance under sec- tion 3871c of this title; (D) leverage financial or technical assist- ance provided by the Secretary with addi- tional contributions to help achieve the project objectives; (E) conduct an assessment of— (i) the progress made by the project in achieving each conservation benefit de- fined in the partnership agreement, includ- ing in a quantified form to the extent practicable; and (ii) as appropriate, other outcomes of the project; and (F) at the conclusion of the project, report to the Secretary on its results and funds le- veraged. (2) Contribution (A) In general An eligible partner shall provide a signifi- cant 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. (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 Sec- retary announces the approval of an applica- tion under subsection (e) and ending on the day before the effective date of the partner- ship agreement by an eligible partner for staff salaries or development of the partner- ship agreement may be considered to be a part of the contribution of the eligible part- ner 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 pro- ducers; and (C) in the case of a partnership agreement that is funded through an alternative fund- ing arrangement or grant agreement under section 3871c(d) of this title, providing the payments to the eligible partner for car- rying out eligible activities; (2) identify in each State a program coordi- nator for the State, who shall be responsible for providing assistance to eligible partners under the program; (3) establish guidance to assist eligible part- ners with carrying out the assessment re- quired 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 ar- rangement or grant agreement under section 3871c(d) of this title— (A) a semiannual report describing the sta- tus 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 Sec- retary for that year for technical assistance under section 3871d(f) 1 of this title; and (5) ensure that any eligible activity effec- tively achieves the conservation benefits iden- tified in the partnership agreement under sub- section (c)(1)(A)(i). (e) Applications (1) Competitive process 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. (2) Criteria used In carrying out the process described in paragraph (1), the Secretary shall make public the criteria used in evaluating applications. (3) Contents The Secretary shall develop a simplified ap- plication that includes a description of— (A) the scope of the project, as described in subsection (c)(1)(A); (B) the plan for monitoring, evaluating, and reporting on progress made toward achieving the project’s objectives; (C) the program resources requested for the project and estimated funding needed from the Secretary; (D) each eligible partner collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and con- tribution; and (E) any other elements the Secretary con- siders necessary to adequately evaluate and competitively select applications for funding under the program. (4) Priority to certain applications The Secretary may give a higher priority to applications that— (A) assist producers in meeting or avoiding the need for a natural resource regulatory requirement; Page 2441 TITLE 16—CONSERVATION § 3871c (B) have a high percentage of producers in the area to be covered by the agreement; (C) significantly leverage non-Federal fi- nancial and technical resources and coordi- nate with other local, State, or national ef- forts; (D) build new partnerships with local, State, and private entities to include a di- versity 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 3871f of this title, 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; (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, as determined by the Secretary. (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 partner- ship agreement through an expedited non- competitive 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 agree- ment; or (B) to expand the scope of the project under a renewal of the partnership agree- ment, as long as the expansion is within the objectives and purposes of the original part- nership agreement. (f) Nonapplicability of adjusted gross income limitation The adjusted gross income limitation de- scribed in section 1308–3a(b)(1) of title 7 shall not apply to an eligible partner under the program. (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.) Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–334, § 2703(1), added sub- sec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘A partnership agree- ment 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 pri- vate forest land operations affected;’’. Subsec. (c)(1)(D). Pub. L. 115–334, § 2703(2)(A)(ii), sub- stituted ‘‘contributions’’ for ‘‘funds’’. Subsec. (c)(1)(E). Pub. L. 115–334, § 2703(2)(A)(iii), sub- stituted ‘‘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), sub- stituted ‘‘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 introduc- tory 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 con- servation priorities or regional, State, or national con- servation 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). § 3871c. Assistance to producers (a) In general A producer may receive financial or technical assistance to conduct eligible activities on eligi- ble land through a program contract entered into with the Secretary. (b) Program contracts (1) In general The Secretary shall establish a program con- tract 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 Sec- retary, on behalf of producers, a bundle of applications for assistance under the pro- gram through program contracts to address a substantial portion of the conservation benefits to be achieved by the project, as de- fined in the partnership agreement. (B) Priority The Secretary may give priority to appli- cations described in subparagraph (A). (c) Payments (1) In general Subject to section 3871d of this title, the Secretary may make payments to a producer in an amount determined by the Secretary to be necessary to achieve the purposes of the program. (2) Payments to certain producers The Secretary may provide payments for a period of 5 years— (A) to producers participating in a project that addresses water quantity concerns and