TITLE 16 - US CODE - SUBCHAPTER V - FUNDING AND ADMINISTRATION

16 USC 3841 - Commodity Credit Corporation

(a) In general 
For each of fiscal years 2002 through 2012, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under subchapter IV (including the provision of technical assistance):
(1) The conservation reserve program under subpart B of part I, including to the maximum extent practicable
(A) $100,000,000 for the period of fiscal years 2009 through 2012 to provide cost share payments under paragraph (3) of section 3834 (b) of this title in connection with thinning activities conducted on land described in subparagraph (A)(iii) of such paragraph; and
(B) $25,000,000 for the period of fiscal years 2009 through 2012 to carry out section 3835 (f) of this title to facilitate the transfer of land subject to contracts from retired or retiring owners and operators to beginning farmers or ranchers and socially disadvantaged farmers or ranchers.
(2) The wetlands reserve program under subpart C of part I.
(3) 
(A) Conservation security program.— 
The conservation security program under subpart A of part II, using such sums as are necessary to administer contracts entered into before September 30, 2008.
(B) Conservation stewardship program.— 
The conservation stewardship program under subpart B of part II.
(4) The farmland protection program under subpart C of part II, using, to the maximum extent practicable
(A) $97,000,000 in fiscal year 2008;
(B) $121,000,000 in fiscal year 2009;
(C) $150,000,000 in fiscal year 2010;
(D) $175,000,000 in fiscal year 2011; and
(E) $200,000,000 in fiscal year 2012.
(5) The grassland reserve program under subpart D of part II.
(6) The environmental quality incentives program under part IV, using, to the maximum extent practicable
(A) $1,200,000,000 in fiscal year 2008;
(B) $1,337,000,000 in fiscal year 2009;
(C) $1,450,000,000 in fiscal year 2010;
(D) $1,588,000,000 in fiscal year 2011; and
(E) $1,750,000,000 in fiscal year 2012.
(7) The wildlife habitat incentives program under section 3839bb–1 of this title, using, to the maximum extent practicable
(A) $15,000,000 in fiscal year 2002;
(B) $30,000,000 in fiscal year 2003;
(C) $60,000,000 in fiscal year 2004; and
(D) $85,000,000 in each of fiscal years 2005 through 2012.
(b) Technical assistance 
Effective for fiscal year 2005 and each subsequent fiscal year, Commodity Credit Corporation funds made available for each of the programs specified in paragraphs (1) through (7) of subsection (a) of this section
(1) shall be available for the provision of technical assistance for the programs for which funds are made available; and
(2) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) of this section other than the program for which the funds were made available.
(c) Relationship to other law 
The use of Commodity Credit Corporation funds under subsection (b) of this section to provide technical assistance shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limit on expenditures for technical assistance imposed by section 714i of title 15.
(d) Regional equity 

(1) Priority funding to promote equity 
Before April 1 of each fiscal year, the Secretary shall give priority for funding under the conservation programs under subchapter IV (excluding the conservation reserve program under subpart B of part I, the wetlands reserve program under subpart C of part I, and the conservation security program under subpart A of part II) to approved applications in any State that has not received, for the fiscal year, an aggregate amount of at least $15,000,000 for those conservation programs.
(2) Specific funding allocations 
In determining the specific funding allocations for States under paragraph (1), the Secretary shall consider the respective demand in each State for each program covered by such paragraph.
(e) Acceptance and use of contributions 

(1) Authority to establish contribution accounts 
Subject to paragraph (2), the Secretary may establish a sub-account for each conservation program administered by the Secretary under subchapter IV to accept contributions of non-Federal funds to support the purposes of the program.
(2) Deposit and use of contributions 
Contributions of non-Federal funds received for a conservation program administered by the Secretary under subchapter IV shall be deposited into the sub-account established under this subsection for the program and shall be available to the Secretary, without further appropriation and until expended, to carry out the program.
(f) Allocations review and update 

(1) Review 
Not later than January 1, 2012, the Secretary shall conduct a review of conservation programs and authorities under this chapter that utilize allocation formulas to determine the sufficiency of the formulas in accounting for State-level economic factors, level of agricultural infrastructure, or related factors that affect conservation program costs.
(2) Update 
The Secretary shall improve conservation program allocation formulas as necessary to ensure that the formulas adequately reflect the costs of carrying out the conservation programs.
(g) Assistance to certain farmers or ranchers for conservation access 

(1) Assistance 
Of the funds made available for each of fiscal years 2009 through 2012 to carry out the environmental quality incentives program and the acres made available for each of such fiscal years to carry out the conservation stewardship program, the Secretary shall use, to the maximum extent practicable
(A) 5 percent to assist beginning farmers or ranchers; and
(B) 5 percent to assist socially disadvantaged farmers or ranchers.
(2) Repooling of funds 
In any fiscal year, amounts not obligated under paragraph (1) by a date determined by the Secretary shall be available for payments and technical assistance to all persons eligible for payments or technical assistance in that fiscal year under the environmental quality incentives program.
(3) Repooling of acres 
In any fiscal year, acres not obligated under paragraph (1) by a date determined by the Secretary shall be available for use in that fiscal year under the conservation stewardship program.
(h) Report on program enrollments and assistance 
Beginning in calendar year 2009, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a semiannual report containing statistics by State related to enrollments in conservation programs under this subchapter, as follows:
(1) Payments made under the wetlands reserve program for easements valued at $250,000 or greater.
(2) Payments made under the farmland protection program for easements in which the Federal share is $250,000 or greater.
(3) Payments made under the grassland reserve program valued at $250,000 or greater.
(4) Payments made under the environmental quality incentives program for land determined to have special environmental significance pursuant to section 3839aa–7 (b) of this title.
(5) Payments made under the agricultural water enhancement program subject to the waiver of adjusted gross income limitations pursuant to section 3839aa–9 (g) of this title.
(6) Waivers granted by the Secretary under section 1308–3a (b)(2) of title 7 in order to protect environmentally sensitive land of special significance.

16 USC 3842 - Delivery of technical assistance

(a) Definition of eligible participant 
In this section, the term eligible participant means a producer, landowner, or entity that is participating in, or seeking to participate in, programs for which the producer, landowner, or entity is otherwise eligible to participate in under this chapter or the agricultural management assistance program under section 1524 of title 7.
(b) Purpose of technical assistance 
The purpose of technical assistance authorized by this section is to provide eligible participants with consistent, science-based, site-specific practices designed to achieve conservation objectives on land active in agricultural, forestry, or related uses.
(c) Provision of technical assistance 
The Secretary shall provide technical assistance under this chapter to an eligible participant
(1) directly;
(2) through an agreement with a third-party provider; or
(3) at the option of the eligible participant, through a payment, as determined by the Secretary, to the eligible participant for an approved third-party provider, if available.
(d) Non-Federal assistance 
The Secretary may request the services of, and enter into cooperative agreements or contracts with, other agencies within the Department or non-Federal entities to assist the Secretary in providing technical assistance necessary to assist in implementing conservation programs under this chapter.
(e) Certification of third-party providers 

(1) Purpose 
The purpose of the third-party provider program is to increase the availability and range of technical expertise available to eligible participants to plan and implement conservation measures.
(2) Regulations 
Not later than 180 days after the date of the enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall promulgate such regulations as are necessary to carry out this section.
(3) Expertise 
In promulgating such regulations, the Secretary, to the maximum extent practicable, shall
(A) ensure that persons with expertise in the technical aspects of conservation planning, watershed planning, and environmental engineering, including commercial entities, nonprofit">nonprofit entities, State or local governments or agencies, and other Federal agencies, are eligible to become approved providers of the technical assistance;
(B) provide national criteria for the certification of third party[1] providers; and
(C) approve any unique certification standards established at the State level.
(f) Administration 

(1) Funding 
Effective for fiscal year 2008 and each subsequent fiscal year, funds of the Commodity Credit Corporation made available to carry out technical assistance for each of the programs specified in section 3841 of this title shall be available for the provision of technical assistance from third-party providers under this section.
(2) Term of agreement 
An agreement with a third-party provider under this section shall have a term that
(A) at a minimum, is equal to the period beginning on the date on which the agreement is entered into and ending on the date that is 1 year after the date on which all activities performed pursuant to the agreement have been completed;
(B) does not exceed 3 years; and
(C) can be renewed, as determined by the Secretary.
(3) Review of certification requirements 
Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall
(A) review certification requirements for third-party providers; and
(B) make any adjustments considered necessary by the Secretary to improve participation.
(4) Eligible activities 

(A) Inclusion of activities 
The Secretary may include as activities eligible for payments to a third party[1] provider
(i) technical services provided directly to eligible participants, such as conservation planning, education and outreach, and assistance with design and implementation of conservation practices; and
(ii) related technical assistance services that accelerate conservation program delivery.
(B) Exclusions 
The Secretary shall not designate as an activity eligible for payments to a third party[1] provider any service that is provided by a business, or equivalent, in connection with conducting business and that is customarily provided at no cost.
(5) Payment amounts 
The Secretary shall establish fair and reasonable amounts of payments for technical services provided by third-party providers.
(g) Availability of technical services 

(1) In general 
In carrying out the programs under this chapter and the agricultural management assistance program under section 1524 of title 7, the Secretary shall make technical services available to all eligible participants who are installing an eligible practice.
(2) Technical service contracts 
In any case in which financial assistance is not provided under a program referred to in paragraph (1), the Secretary may enter into a technical service contract with the eligible participant for the purposes of assisting in the planning, design, or installation of an eligible practice.
(h) Review of conservation practice standards 

(1) Review required 
The Secretary shall
(A) review conservation practice standards, including engineering design specifications, in effect on the date of the enactment of the Food, Conservation, and Energy Act of 2008;
(B) ensure, to the maximum extent practicable, the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs, including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and such other needs as are determined by the Secretary; and
(C) ensure that the standards provide for the optimal balance between meeting site-specific conservation needs and minimizing risks of design failure and associated costs of construction and installation.
(2) Consultation 
In conducting the review under paragraph (1), the Secretary shall consult with eligible participants, crop consultants, cooperative extension and land grant universities, nongovernmental organizations, and other qualified entities.
(3) Expedited revision of standards 
If the Secretary determines under paragraph (1) that revisions to the conservation practice standards, including engineering design specifications, are necessary, the Secretary shall establish an administrative process for expediting the revisions.
(i) Addressing concerns of speciality crop, organic, and precision agriculture producers 

(1) In general 
The Secretary shall
(A) to the maximum extent practicable, fully incorporate specialty crop production, organic crop production, and precision agriculture into the conservation practice standards; and
(B) provide for the appropriate range of conservation practices and resource mitigation measures available to producers involved with organic or specialty crop production or precision agriculture.
(2) Availability of adequate technical assistance 

(A) In general 
The Secretary shall ensure that adequate technical assistance is available for the implementation of conservation practices by producers involved with organic, specialty crop production, or precision agriculture through Federal conservation programs.
(B) Requirements 
In carrying out subparagraph (A), the Secretary shall develop
(i) programs that meet specific needs of producers involved with organic, specialty crop production or precision agriculture through cooperative agreements with other agencies and nongovernmental organizations; and
(ii) program specifications that allow for innovative approaches to engage local resources in providing technical assistance for planning and implementation of conservation practices.
[1] So in original. Probably should be “third-party”.

16 USC 3843 - Cooperative conservation partnership initiative

(a) Establishment of Initiative 
The Secretary shall establish a cooperative conservation partnership initiative (in this section referred to as the Initiative) to work with eligible partners to provide assistance to producers enrolled in a program described in subsection (c)(1) that will enhance conservation outcomes on agricultural and nonindustrial private forest land.
(b) Purposes 
The purposes of a partnership entered into under the Initiative shall be
(1) to address conservation priorities involving agriculture and nonindustrial private forest land on a local, State, multi-State, or regional level;
(2) to encourage producers to cooperate in meeting applicable Federal, State, and local regulatory requirements related to production involving agriculture and nonindustrial private forest land;
(3) to encourage producers to cooperate in the installation and maintenance of conservation practices that affect multiple agricultural or nonindustrial private forest operations; or
(4) to promote the development and demonstration of innovative conservation practices and delivery methods, including those for specialty crop and organic production and precision agriculture producers.
(c) Initiative programs 

(1) Covered programs 
Except as provided in paragraph (2), the Initiative applies to all conservation programs under subchapter IV.
(2) Excluded programs 
The Initiative shall not include the following programs:
(A) Conservation reserve program.
(B) Wetlands reserve program.
(C) Farmland protection program[1]
(D) Grassland reserve program.
(d) Eligible partners 
The Secretary may enter into a partnership under the Initiative with one or more of the following:
(1) States and local governments.
(2) Indian tribes.
(3) Producer associations.
(4) Farmer cooperatives.
(5) Institutions of higher education.
(6) Nongovernmental organizations with a history of working cooperatively with producers to effectively address conservation priorities related to agricultural production and nonindustrial private forest land.
(e) Implementation agreements 
The Secretary shall carry out the Initiative
(1) by selecting, through a competitive process, eligible partners from among applications submitted under subsection (f); and
(2) by entering into multi-year agreements with eligible partners so selected for a period not to exceed 5 years.
(f) Applications 

(1) Required information 
An application to enter into a partnership agreement under the Initiative shall include the following:
(A) A description of the area covered by the agreement, conservation priorities in the area, conservation objectives to be achieved, and the expected level of participation by agricultural producers and nonindustrial private forest landowners.
(B) A description of the partner, or partners, collaborating to achieve the objectives of the agreement, and the roles, responsibilities, and capabilities of the partner.
(C) A description of the resources that are requested from the Secretary, and the non-Federal resources that will be leveraged by the Federal contribution.
(D) A description of the plan for monitoring, evaluating, and reporting on progress made towards achieving the objectives of the agreement.
(E) Such other information that may be required by the Secretary.
(2) Priorities 
The Secretary shall give priority to applications for agreements that
(A) have a high percentage of producers involved and working agricultural or nonindustrial private forest land included in the area covered by the agreement;
(B) significantly leverage non-Federal financial and technical resources and coordinate with other local, State, or Federal efforts;
(C) deliver high percentages of applied conservation to address water quality, water conservation, or State, regional, or national conservation initiatives;
(D) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods; or
(E) meet other factors, as determined by the Secretary.
(g) Relationship to covered programs 

(1) Compliance with program rules 
Except as provided in paragraph (2), the Secretary shall ensure that resources made available under the Initiative are delivered in accordance with the applicable rules of programs specified in subsection (c)(1) through normal program mechanisms relating to program functions, including rules governing appeals, payment limitations, and conservation compliance.
(2) Adjustment 
The Secretary may adjust the elements of any program specified in subsection (c)(1)
(A) to better reflect unique local circumstances and purposes if the Secretary determines such adjustments are necessary to achieve the purposes of the Initiative; and
(B) to provide preferential enrollment to producers who are eligible for the applicable program and to participate in the Initiative.
(h) Technical and financial assistance 
The Secretary shall provide appropriate technical and financial assistance to producers participating in the Initiative in an amount determined to be necessary to achieve the purposes of the Initiative.
(i) Funding 

(1) Reservation 
Of the funds and acres made available for each of fiscal years 2009 through 2012 to implement the programs described in subsection (c)(1), the Secretary shall reserve 6 percent of the funds and acres to ensure an adequate source of funds and acres for the Initiative.
(2) Allocation requirements 
Of the funds and acres reserved for the Initiative for a fiscal year, the Secretary shall allocate
(A) 90 percent of the funds and acres to projects based on the direction of State conservationists, with the advice of State technical committees; and
(B) 10 percent of the funds and acres to projects based on a national competitive process established by the Secretary.
(3) Unused funding 
Any funds and acres reserved for a fiscal year under paragraph (1) that are not obligated by April 1 of that fiscal year may be used to carry out other activities under the program that is the source of the funds or acres during the remainder of that fiscal year.
(4) Administrative costs of partners 
Overhead or administrative costs of partners may not be covered by funds provided through the Initiative.
[1] So in original. Probably should be followed by a period.

16 USC 3844 - Administrative requirements for conservation programs

(a) Incentives for certain farmers and ranchers and Indian tribes 

(1) Incentives authorized 
In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program
(A) to foster new farming and ranching opportunities; and
(B) to enhance long-term environmental goals.
(2) Covered persons 
Incentives authorized by paragraph (1) may be provided to the following:
(A) Beginning farmers or ranchers.
(B) Socially disadvantaged farmers or ranchers.
(C) Limited resource farmers or ranchers.
(D) Indian tribes.
(b) Privacy of personal information relating to natural resources conservation programs 

(1) Information received for technical and financial assistance 

(A) In general 
In accordance with section 552 (b)(3) of title 5, except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)
(i) shall not be considered to be public information; and
(ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture.
(B) Information 
The information referred to in subparagraph (A) is information
(i) provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources conservation program administered by the Natural Resources Conservation Service or the Farm Service Agency; and
(ii) that is proprietary (within the meaning of section 552 (b)(4) of title 5) to the agricultural operation or land that is a part of an agricultural operation of the owner, operator, or producer.
(C) Exception 
Nothing in this section affects the availability of payment information (including payment amounts and the names and addresses of recipients of payments) under section 552 of title 5.
(2) Exceptions 

(A) Release and disclosure for enforcement 
The Secretary may release or disclose to the Attorney General information covered by paragraph (1) to the extent necessary to enforce the natural resources conservation programs referred to in paragraph (1)(B)(i).
(B) Disclosure to cooperating persons and agencies 

(i) In general The Secretary may release or disclose information covered by paragraph (1) to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in providing technical and financial assistance described in paragraph (1)(B)(i) or collecting information from data gathering sites.
(ii) Use of information The person or Federal, State, local, or tribal agency that receives information described in clause (i) may release the information only for the purpose of assisting the Secretary
(I) in providing the requested technical or financial assistance; or
(II) in collecting information from data gathering sites.
(C) Statistical and aggregate information 
Information covered by paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form without naming any
(i) individual owner, operator, or producer; or
(ii) specific data gathering site.
(D) Consent of owner, operator, or producer 

(i) In general An owner, operator, or producer may consent to the disclosure of information described in paragraph (1).
(ii) Condition of other programs The participation of the owner, operator, or producer in, and the receipt of any benefit by the owner, operator, or producer under, this chapter or any other program administered by the Secretary may not be conditioned on the owner, operator, or producer providing consent under this paragraph.
(3) Violations; penalties 
Section 2276 (c) of title 7 shall apply with respect to the release of information collected in any manner or for any purpose prohibited by this subsection.
(4) Data collection, disclosure, and review 
Nothing in this subsection
(A) affects any procedure for data collection or disclosure through the National Resources Inventory; or
(B) limits the authority of Congress or the Government Accountability Office to review information collected or disclosed under this subsection.
(c) Plans 
The Secretary shall, to the extent practicable, avoid duplication in
(1) the conservation plans required for
(A) highly erodible land conservation under subchapter II;
(B) the conservation reserve program established under subpart B of part I of subchapter IV; and
(C) the wetlands reserve program established under subpart C of part I of subchapter IV; and
(2) the environmental quality incentives program established under part IV of subchapter IV.
(d) Tenant protection 
Except for a person who is a tenant on land that is subject to a conservation reserve contract that has been extended by the Secretary, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the programs established under subchapters II through IV.
(e) Provision of technical assistance by other sources 
In the preparation and application of a conservation compliance plan under subchapter II or similar plan required as a condition for assistance from the Department of Agriculture, the Secretary shall permit persons to secure technical assistance from approved sources, as determined by the Secretary, other than the Natural Resources Conservation Service. If the Secretary rejects a technical determination made by such a source, the basis of the Secretarys determination must be supported by documented evidence.
(f) Acreage limitations 

(1) Limitations 

(A) Enrollments 
The Secretary shall not enroll more than 25 percent of the cropland in any county in the programs administered under subparts B and C of part I of subchapter IV.
(B) Easements 
Not more than 10 percent of the cropland in a country[1] may be subject to an easement acquired under subpart C of part I of subchapter IV.
(2) Exceptions 
The Secretary may exceed the limitation in paragraph (1)(A), if the Secretary determines that
(A) the action would not adversely affect the local economy of a county; and
(B) operators in the county are having difficulties complying with conservation plans implemented under section 3812 of this title.
(3) Waiver to exclude certain acreage 
The Secretary may grant a waiver to exclude acreage enrolled under subsection (c)(2)(B) or (f)(4) of section 3834 of this title from the limitations in paragraph (1)(A) with the concurrence of the county government of the county involved.
(4) Shelterbelts and windbreaks 
The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart C of part I of subchapter IV[2] that is used for the establishment of shelterbelts and windbreaks.
(g) Compliance and performance 
For each conservation program under subchapter IV, the Secretary shall develop procedures
(1) to monitor compliance with program requirements;
(2) to measure program performance;
(3) to demonstrate whether the long-term conservation benefits of the program are being achieved;
(4) to track participation by crop and livestock types; and
(5) to coordinate activities described in this subsection with the national conservation program authorized under section 2004 of this title.
(h) Encouragement of pollinator habitat development and protection 
In carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage
(1) the development of habitat for native and managed pollinators; and
(2) the use of conservation practices that benefit native and managed pollinators.
(i) Streamlined application process 

(1) In general 
In carrying out each conservation program under this chapter, the Secretary shall ensure that the application process used by producers and landowners is streamlined to minimize complexity and eliminate redundancy.
(2) Review and streamlining 

(A) Review 
The Secretary shall carry out a review of the application forms and processes for each conservation program covered by this subsection.
(B) Streamlining 
On completion of the review the Secretary shall revise application forms and processes, as necessary, to ensure that
(i) all required application information is essential for the efficient, effective, and accountable implementation of conservation programs;
(ii) conservation program applicants are not required to provide information that is readily available to the Secretary through existing information systems of the Department of Agriculture;
(iii) information provided by the applicant is managed and delivered efficiently for use in all stages of the application process, or for multiple applications; and
(iv) information technology is used effectively to minimize data and information input requirements.
(3) Implementation and notification 
Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall submit to Congress a written notification of completion of the requirements of this subsection.
[1] So in original. Probably should be “county”.
[2] See References in Text note below.

16 USC 3845 - Environmental services markets

(a) Technical guidelines required 
The Secretary shall establish technical guidelines that outline science-based methods to measure the environmental services benefits from conservation and land management activities in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets. The Secretary shall give priority to the establishment of guidelines related to farmer, rancher, and forest landowner participation in carbon markets.
(b) Establishment 
The Secretary shall establish guidelines under subsection (a) for use in developing the following:
(1) A procedure to measure environmental services benefits.
(2) A protocol to report environmental services benefits.
(3) A registry to collect, record and maintain the benefits measured.
(c) Verification requirements 

(1) Verification of reports 
The Secretary shall establish guidelines for a process to verify that a farmer, rancher, or forest landowner who reports an environmental services benefit pursuant to the protocol required by paragraph (2) of subsection (b) for inclusion in the registry required by paragraph (3) of such subsection has implemented the conservation or land management activity covered by the report.
(2) Role of third parties 
In establishing the verification guidelines required by paragraph (1), the Secretary shall consider the role of third-parties in conducting independent verification of benefits produced for environmental services markets and other functions, as determined by the Secretary.
(d) Use of existing information 
In carrying out subsection (b), the Secretary shall build on activities or information in existence on the date of the enactment of the Food, Conservation, and Energy Act of 2008 regarding environmental services markets.
(e) Consultation 
In carrying out this section, the Secretary shall consult with the following:
(1) Federal and State government agencies.
(2) Nongovernmental interests including
(A) farm, ranch, and forestry producers;
(B) financial institutions involved in environmental services trading;
(C) institutions of higher education with relevant expertise or experience;
(D) nongovernmental organizations with relevant expertise or experience; and
(E) private sector representatives with relevant expertise or experience.
(3) Other interested persons, as determined by the Secretary.