16 U.S.C. § 3871c
Section 3871c · Assistance to producers
Current version, with additions and removals from the February 7, 2014 version.
The Secretary shall enter into contracts with producers to provide financial and technical assistance to—
(1) producers participating in a project with an eligible partner; or
(2) producers that fit within the scope of a project described in section 3871b of this title or a critical conservation area designated under section 3871f of this title, but who are seeking to implement an eligible activity on eligible land independent of an eligible partner.
(1) Consistency with program rules
(A) In general
Except as provided in subparagraph (B) and paragraph (2), the Secretary shall ensure that the terms and conditions of a contract under this section are consistent with the applicable rules of the covered programs to be used as part of the partnership agreement, as described in the application under section 3871b(d)(3)(C) of this title.
(B) Adjustments
A producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
The Secretary may adjust the rules of a covered program, including—
(I) operational guidance and requirements for a covered program at the discretion of the Secretary so as to provide a simplified application and evaluation process; and
(II) nonstatutory, regulatory rules or provisions to better reflect unique local circumstances and purposes if the Secretary determines such adjustments are necessary to achieve the purposes of the covered program.
(ii) Limitation
The Secretary shall not adjust the application of statutory requirements for a covered program, including requirements governing appeals, payment limits, and conservation compliance.
(iii) Irrigation
In States where irrigation has not been used significantly for agricultural purposes, as determined by the Secretary, the Secretary shall not limit eligibility under section 3871b of this title or this section on the basis of prior irrigation history.
(2) Alternative funding arrangements
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.
(2) Application bundles
(A) In general
(A) In general
For the purposes of providing assistance for land described in subsection (a) and section 3871f of this title, the Secretary may enter into alternative funding arrangements with a multistate water resource agency or authority if—
(i) the Secretary determines that the goals and objectives of the program will be met by the alternative funding arrangements;
(ii) the agency or authority certifies that the limitations established under this section on agreements with individual producers will not be exceeded; and
(iii) all participating producers meet applicable payment eligibility provisions.
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.
As a condition of receiving funding under subparagraph (A), the multistate water resource agency or authority shall agree—
(i) to submit an annual independent audit to the Secretary that describes the use of funds under this paragraph;
(ii) to provide any data necessary for the Secretary to issue a report on the use of funds under this paragraph; and
(iii) not to use any of the funds provided pursuant to subparagraph (A) for administration or to provide for administrative costs through contracts with another entity.
(C) Limitation
The Secretary may enter into not more than 20 alternative funding arrangements under this paragraph.
The Secretary may give priority to applications described in subparagraph (A).
(1) In general
(1) In general
(2) Payments to certain producers
(2) Payments to certain producers
The Secretary may provide payments for a period of 5 years—
The Secretary may provide payments for a period of 5 years—
(A) to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and
(A) to producers participating in a project 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 that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management.
(B) to producers participating in a project 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
(3) Waiver authority
(1) In general
A partnership agreement entered into with an eligible partner may be funded through an alternative funding arrangement or grant in accordance with this subsection.
(2) Duties of the Secretary
The Secretary shall—
(A) under a funding agreement under paragraph (1)—
(i) use funding made available to carry out this subchapter to provide funding directly to the eligible partner; 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 each fiscal year.
(3) Duties of eligible partners
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);
(iv)(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
(v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.