II 

115TH CONGRESS 

1ST SESSION S. 1966 

To amend the Food Security Act of 1985 to modify the regional conservation 

partnership program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2017 

Ms. STABENOW (for herself and Mrs. ERNST) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Food Security Act of 1985 to modify the 

regional conservation partnership program, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regional Conservation 

5 Partnership Program Improvement Act of 2017’’. 

6 SEC. 2. ESTABLISHMENT AND PURPOSES. 

7 Section 1271 of the Food Security Act of 1985 (16 

8 U.S.C. 3871) is amended— 

9 (1) in subsection (a)— 


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1 (A) in paragraph (1), by inserting ‘‘, in2 cluding grant agreements under section 

3 1271C(d),’’ after ‘‘partnership agreements’’; 

4 and 

5 (B) in paragraph (2), by striking ‘‘con6 tracts with producers’’ and inserting ‘‘program 

7 contracts with eligible producers’’; and 

8 (2) in subsection (b)— 

9 (A) in paragraph (1), in the matter pre10 ceding subparagraph (A), by striking ‘‘use cov11 ered programs’’ and inserting ‘‘carry out con12 servation activities’’; 

13 (B) by striking paragraph (2) and insert14 ing the following: 

15 ‘‘(2) To further the conservation, protection, 

16 restoration, and sustainable use of soil, water (in17 cluding sources of drinking water), wildlife, agricul18 tural land, and related natural resources on eligible 

19 land on a regional or watershed scale.’’; 

20 (C) in paragraph (3)— 

21 (i) in the matter preceding subpara22 graph (A), by inserting ‘‘eligible’’ before 

23 ‘‘producers’’; and 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘installation’’ and inserting ‘‘adoption, in3 stallation,’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(4) To encourage the flexible and streamlined 

6 delivery of conservation assistance to eligible pro7 ducers through partnership agreements. 

8 ‘‘(5) To encourage alignment of partnership 

9 projects with other Federal, State, and local agen10 cies and programs addressing similar natural re11 source or environmental concerns in a coordinated 

12 manner. 

13 ‘‘(6) To engage eligible producers in conserva14 tion projects to achieve greater conservation out15 comes and benefits for eligible producers than would 

16 otherwise be achieved. 

17 ‘‘(7) To advance conservation and rural commu18 nity development goals simultaneously.’’. 

19 SEC. 3. DEFINITIONS. 

20 Section 1271A of the Food Security Act of 1985 (16 

21 U.S.C. 3871a) is amended— 

22 (1) in paragraph (1)— 

23 (A) in the matter preceding subparagraph 

24 (A), by inserting ‘‘a purpose, activity, or agree25 ment under any of’’ after ‘‘means’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(E) The conservation reserve program es3 tablished under subchapter B of chapter 1 of 

4 subtitle D. 

5 ‘‘(F) The Watershed Protection and Flood 

6 Prevention Act (16 U.S.C. 1001 et seq.), other 

7 than section 14 of that Act (16 U.S.C. 1012).’’; 

8 (2) by striking paragraphs (2) and (3) and in9 serting the following: 

10 ‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible 

11 activity’ means— 

12 ‘‘(A) an eligible activity under the statu13 tory authority for a covered program; and 

14 ‘‘(B) any other related activity that an eli15 gible partner determines will help achieve con16 servation benefits, subject to the approval of the 

17 Secretary. 

18 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

19 means— 

20 ‘‘(A) eligible land under the statutory au21 thority for a covered program; and 

22 ‘‘(B) any other agricultural or nonindus23 trial private forest land or associated land on 

24 which the Secretary determines an eligible acVerDate Sep 11 2014 01:03 Oct 18, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1966.IS S1966

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1 tivity would help achieve conservation bene2 fits.’’; 

3 (3) in paragraph (4), by adding at the end the 

4 following: 

5 ‘‘(I) An organization described in clause 

6 (i), (ii), or (iii) of section 1265A(2)(B).’’; 

7 (4) by redesignating paragraphs (5) and (6) as 

8 paragraphs (6) and (7), respectively; 

9 (5) by inserting after paragraph (4) the fol10 lowing: 

11 ‘‘(5) ELIGIBLE PRODUCER.—The term ‘eligible 

12 producer’ means a person, legal entity, or Indian 

13 tribe that is an owner or operator on eligible land.’’; 

14 and 

15 (6) by adding at the end the following: 

16 ‘‘(8) PROGRAM CONTRACT.—The term ‘program 

17 contract’ means the contract established by the Sec18 retary under section 1271C(b)(1).’’. 

19 SEC. 4. REGIONAL CONSERVATION PARTNERSHIPS. 

20 (a) IN GENERAL.—Section 1271B of the Food Secu21 rity Act of 1985 (16 U.S.C. 3871b) is amended— 

22 (1) in subsection (a), by inserting ‘‘eligible’’ be23 fore ‘‘producers’’; 

24 (2) by striking subsection (b) and inserting the 

25 following: 


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1 ‘‘(b) MAXIMUM LENGTH.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the term of a partnership agreement shall 

4 not be longer than 5 years. 

5 ‘‘(2) EXCEPTIONS.— 

6 ‘‘(A) CONCURRENT PROGRAM DEAD7 LINE.—Subject to approval by the Secretary, 

8 the term of a partnership agreement may be 

9 longer than 5 years if the longer period is con10 current with a deadline established under a 

11 State or Federal program that relates specifi12 cally to the project. 

13 ‘‘(B) SPECIAL CIRCUMSTANCES.—In the 

14 case of special circumstances outside the control 

15 of an eligible partner (as determined by the 

16 Secretary) that have created a delay in the im17 plementation of a project of the eligible partner, 

18 the eligible partner may request an extension of 

19 the term of the partnership agreement.’’; 

20 (3) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (A)— 

23 (I) by redesignating clauses (iii) 

24 and (iv) as clauses (iv) and (v), re25 spectively; and 


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1 (II) by striking clauses (i) and 

2 (ii) and inserting the following: 

3 ‘‘(i) one or more natural resource con4 cerns that the project shall address; 

5 ‘‘(ii) the eligible activities on eligible 

6 land to be conducted under the project to 

7 address the natural resource concerns; and 

8 ‘‘(iii) the implementation timeline for 

9 carrying out the project, including any in10 terim milestones;’’; 

11 (ii) in subparagraph (B), by inserting 

12 ‘‘eligible’’ before ‘‘producers’’; 

13 (iii) in subparagraph (C), by striking 

14 ‘‘a producer’’ each place it appears and in15 serting ‘‘an eligible producer’’; 

16 (iv) in subparagraph (D), by inserting 

17 ‘‘or in-kind contributions’’ after ‘‘addi18 tional funds’’; and 

19 (v) in subparagraph (E), by striking 

20 ‘‘of the project’s effects; and’’ and insert21 ing the following: ‘‘of— 

22 ‘‘(i) the progress made by the project 

23 in addressing each natural resource con24 cern defined in the partnership agreement, 

25 including in a quantified form; and 


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1 ‘‘(ii) as appropriate, other environ2 mental, economic, or social outcomes of the 

3 project; and’’; and 

4 (B) in paragraph (2)— 

5 (i) by striking ‘‘An eligible’’ and in6 serting the following: 

7 ‘‘(A) IN GENERAL.—An eligible’’; and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘(B) FORM.—A contribution of an eligible 

11 partner under this paragraph may be in the 

12 form of— 

13 ‘‘(i) direct funding; 

14 ‘‘(ii) in-kind support; or 

15 ‘‘(iii) a combination of direct funding 

16 and in-kind support. 

17 ‘‘(C) TREATMENT.—Any amounts ex18 pended during the period beginning on the date 

19 on which the Secretary announces the approval 

20 of an application under subsection (e) and end21 ing on the day before the effective date of the 

22 partnership agreement by an eligible partner 

23 for staff salaries or development of the partner24 ship agreement shall be considered to be a part 


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1 of the contribution of the eligible partner under 

2 this paragraph.’’; 

3 (4) by redesignating subsection (d) as sub4 section (e); 

5 (5) by inserting after subsection (c) the fol6 lowing: 

7 ‘‘(d) DUTIES OF SECRETARY.—The Secretary shall— 

8 ‘‘(1) establish a timeline for carrying out the 

9 duties of the Secretary under a partnership agree10 ment, including— 

11 ‘‘(A) entering into contracts with eligible 

12 producers; 

13 ‘‘(B) providing financial assistance to eligi14 ble producers; and 

15 ‘‘(C) in the case of a partnership agree16 ment that is a grant agreement under section 

17 1271C(d), providing the grant amounts to the 

18 eligible partner; 

19 ‘‘(2) establish in each State a program coordi20 nator for the State, who shall be responsible solely 

21 for providing assistance to eligible partners and eli22 gible producers under the program; 

23 ‘‘(3) establish guidance to assist eligible part24 ners with carrying out the assessment required 

25 under subsection (c)(1)(E); and 


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1 ‘‘(4) provide to each eligible partner that has 

2 entered into a partnership agreement— 

3 ‘‘(A) a quarterly report describing the sta4 tus of each pending and obligated contract 

5 under the project of the eligible partner; and 

6 ‘‘(B) an annual report describing how the 

7 Secretary used amounts reserved by the Sec8 retary for that year for technical assistance 

9 under section 1271D(f).’’; and 

10 (6) in subsection (e) (as redesignated by para11 graph (4))— 

12 (A) in paragraph (3)— 

13 (i) by striking the paragraph designa14 tion and heading and all that follows 

15 through ‘‘description of—’’ and inserting 

16 the following: 

17 ‘‘(3) CONTENTS.—The Secretary shall develop 

18 a simplified application process that requires each 

19 application submitted under this subsection to in20 clude a description of—’’; 

21 (ii) in subparagraph (C), by striking 

22 ‘‘, including the covered programs to be 

23 used’’; and 

24 (iii) in subparagraph (D), by inserting 

25 ‘‘or in-kind’’ after ‘‘financial’’; 


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1 (B) in paragraph (4)— 

2 (i) in subparagraphs (A) and (B), by 

3 inserting ‘‘eligible’’ before ‘‘producers’’ 

4 each place it appears; 

5 (ii) by redesignating subparagraphs 

6 (E) and (F) as subparagraphs (F) and 

7 (G), respectively; and 

8 (iii) by inserting after subparagraph 

9 (D) the following: 

10 ‘‘(E) develop and implement watershed or 

11 habitat plans to address one or more natural 

12 resource concerns;’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(5) FUNDING RENEWALS.—If an eligible part15 ner demonstrates to the satisfaction of the Secretary 

16 that the eligible partner has made progress in ad17 dressing one or more natural resource concerns de18 fined in the partnership agreement, not earlier than 

19 1 year before the date of expiration of the partner20 ship agreement, the eligible partner may request 

21 from the Secretary a renewal of the partnership 

22 agreement, including a renewal of funding, through 

23 an expedited approval process— 

24 ‘‘(A) to continue to implement the partner25 ship agreement; 


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1 ‘‘(B) to expand the scope of the partner2 ship agreement; 

3 ‘‘(C) to enroll additional eligible producers; 

4 or 

5 ‘‘(D) to carry out other conservation activi6 ties relating to the project, including the assess7 ment of the project under subsection (c)(1)(E), 

8 as mutually agreed by the Secretary and the eli9 gible partner.’’. 

10 (b) CONFORMING AMENDMENT.—Section 1271E(a) 

11 of the Food Security Act of 1985 (16 U.S.C. 3871e(a)) 

12 is amended by striking ‘‘1271B(d)’’ each place it appears 

13 and inserting ‘‘1271B(e)’’. 

14 SEC. 5. ASSISTANCE TO ELIGIBLE PRODUCERS. 

15 (a) IN GENERAL.—Section 1271C of the Food Secu16 rity Act of 1985 (16 U.S.C. 3871c) is amended— 

17 (1) in the section heading, by inserting ‘‘ELIGI18 BLE’’ before ‘‘PRODUCERS’’; 

19 (2) by striking subsections (a) and (b) and in20 serting the following: 

21 ‘‘(a) IN GENERAL.—An eligible producer may receive 

22 financial or technical assistance to conduct eligible activi23 ties on eligible land through a program contract entered 

24 into with the Secretary. 

25 ‘‘(b) PROGRAM CONTRACTS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a program contract to be entered into with an 

3 eligible producer to conduct eligible activities on eli4 gible land, subject to such terms and conditions as 

5 the Secretary may establish. 

6 ‘‘(2) APPLICATION BUNDLES.— 

7 ‘‘(A) IN GENERAL.—An eligible partner 

8 may submit to the Secretary, on behalf of eligi9 ble producers, a bundle of applications for as10 sistance under the program through program 

11 contracts to address a substantial portion of a 

12 natural resource concern defined in the partner13 ship agreement. 

14 ‘‘(B) PRIORITY.—The Secretary shall give 

15 priority to applications described in subpara16 graph (A).’’; 

17 (3) in subsection (c)— 

18 (A) in paragraph (1), by striking ‘‘In ac19 cordance with statutory requirements of the 

20 covered programs involved, the Secretary may 

21 make payments to a producer’’ and inserting 

22 ‘‘Subject to section 1271D, the Secretary may 

23 make payments to an eligible producer’’; 


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1 (B) in paragraph (2), by inserting ‘‘eligi2 ble’’ before ‘‘producers’’ each place it appears; 

3 and 

4 (C) in paragraph (3), by striking ‘‘partici5 pating’’ and inserting ‘‘eligible’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(d) FUNDING ARRANGEMENTS THROUGH GRANT

8 AGREEMENTS.— 

9 ‘‘(1) IN GENERAL.—A partnership agreement 

10 may be a grant agreement entered into with an eligi11 ble partner in accordance with this subsection. 

12 ‘‘(2) REQUIREMENTS.—Under a grant agree13 ment under paragraph (1)— 

14 ‘‘(A) using amounts made available to 

15 carry out this subtitle, the Secretary shall pro16 vide to the eligible partner a grant; 

17 ‘‘(B) the eligible partner shall carry out el18 igible activities on eligible land (including by 

19 contracting with one or more producers, if the 

20 eligible partner determines the contracting to be 

21 appropriate), on the condition that the eligible 

22 activities directly or indirectly benefit agricul23 tural producers (including forestry producers), 

24 to address natural resource concerns on a re25 gional or watershed scale; such as— 


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1 ‘‘(i) infrastructure investments relat2 ing to agricultural or nonindustrial private 

3 forest production that would benefit mul4 tiple producers, such as a multiproducer ir5 rigation water delivery system; 

6 ‘‘(ii) projects addressing water quality 

7 or quantity concerns in coordination with 

8 producers, including the development and 

9 implementation of watershed plans; 

10 ‘‘(iii) projects that use innovative ap11 proaches to leveraging the Federal invest12 ment in conservation with private financial 

13 mechanisms, in conjunction with agricul14 tural production or forest resource man15 agement; such as— 

16 ‘‘(I) the provision of perform17 ance-based payments to eligible pro18 ducers; and 

19 ‘‘(II) support for an environ20 mental market; 

21 ‘‘(iv) projects that facilitate pilot test22 ing of new conservation practices, tech23 nologies, or activities; 

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1 tural land through innovative agricultural 

2 land protection strategies and mechanisms, 

3 including projects that support the transfer 

4 of land to beginning farmers and ranchers, 

5 veteran farmers and ranchers (as deter6 mined by the Secretary), socially disadvan7 taged farmers and ranchers, and limited 

8 resource farmers and ranchers (as deter9 mined by the Secretary); and 

10 ‘‘(vi) other projects for which the Sec11 retary determines that the goals and objec12 tives of the program would be easier to 

13 achieve through the grant agreement; and 

14 ‘‘(C) the Secretary may provide technical 

15 and administrative assistance, as mutually 

16 agreed by the parties. 

17 ‘‘(3) NONAPPLICABILITY OF ADJUSTED GROSS

18 INCOME LIMITATION.—The adjusted gross income 

19 limitation described in section 1001D(b)(1) shall not 

20 apply to the receipt by an eligible partner of a grant 

21 under this subsection. 

22 ‘‘(4) LIMITATION.—The Secretary may not use 

23 more than 30 percent of funding made available to 

24 carry out the program for grant agreements. 


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1 ‘‘(5) REPORTS.—An eligible partner that enters 

2 into a grant agreement under this subsection shall 

3 submit to the Secretary— 

4 ‘‘(A) any information that the Secretary 

5 requires to prepare the report under section 

6 1271E(b); and 

7 ‘‘(B) an annual report that describes the 

8 status of the project carried out by the eligible 

9 partner, including a description of— 

10 ‘‘(i) the use of the grant funds; 

11 ‘‘(ii) any subcontracts awarded using 

12 grant funds; 

13 ‘‘(iii) the eligible producers receiving 

14 funding using the grant funds; 

15 ‘‘(iv)(I) the progress made by the 

16 project in addressing each natural resource 

17 concern defined in the grant agreement, in18 cluding in a quantified form; and 

19 ‘‘(II) as appropriate, other environ20 mental, economic, or social outcomes of the 

21 project; and 

22 ‘‘(v) any other reporting data the Sec23 retary determines are necessary to ensure 

24 compliance with the program rules.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 

2 1271E(b)(4) of the Food Security Act of 1985 (16 U.S.C. 

3 3871e(b)(4)) is amended in the matter preceding subpara4 graph (A) by striking ‘‘1271C(b)(2)’’ and inserting 

5 ‘‘1271C(d)’’. 

6 SEC. 6. FUNDING. 

7 (a) IN GENERAL.—Section 1271D of the Food Secu8 rity Act of 1985 (16 U.S.C. 3871d) is amended— 

9 (1) in subsection (a), by striking ‘‘for each of 

10 fiscal years 2014 through 2018’’ and inserting ‘‘for 

11 each fiscal year’’; 

12 (2) in subsection (c), by striking paragraphs (1) 

13 and (2) and inserting the following: 

14 ‘‘(1) IN GENERAL.—To ensure that additional 

15 resources are available to carry out the program, in 

16 addition to the funds made available under sub17 section (a), for each fiscal year the Secretary shall 

18 reserve 20 percent of the funds and acres made 

19 available for the following programs: 

20 ‘‘(A) The conservation stewardship pro21 gram established under subchapter B of chapter 

22 2 of subtitle D. 

23 ‘‘(B) The environmental quality incentives 

24 program established under chapter 4 of subtitle 

25 D. 


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1 ‘‘(C) The agricultural conservation ease2 ment program established under subtitle H. 

3 ‘‘(2) DURATION OF AVAILABILITY.—Any funds 

4 or acres reserved under paragraph (1) shall remain 

5 available for obligation only for the purposes of car6 rying out the program until expended. 

7 ‘‘(3) DISTRIBUTION OF FUNDS.—To the max8 imum extent practicable, of projects receiving funds 

9 or acres reserved under paragraph (1) from a pro10 gram described in subparagraph (A), (B), or (C) of 

11 that paragraph, the percentage of projects that shall 

12 have purposes similar to the purposes of the applica13 ble program from which funds or acres were re14 served shall be approximately equal to the percent15 age of funds or acres reserved from the applicable 

16 program.’’; 

17 (3) in subsection (d)— 

18 (A) in paragraph (1), by striking ‘‘25 per19 cent of the funds and acres to projects based on 

20 a State competitive process administered by the 

21 State Conservationist, with the advice of the 

22 State technical committee’’ and inserting the 

23 following: ‘‘40 percent of the funds and acres to 

24 projects based on a State or multistate competi25 tive process administered, as applicable, by the 


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1 State Conservationist or jointly by the State 

2 Conservationists of each State participating in 

3 the multistate process, with the advice of the 

4 applicable State technical committees’’; 

5 (B) by striking paragraph (2); 

6 (C) by redesignating paragraph (3) as 

7 paragraph (2); and 

8 (D) in paragraph (2) (as so redesignated), 

9 by striking ‘‘35 percent’’ and inserting ‘‘60 per10 cent’’; 

11 (4) in subsection (e)— 

12 (A) by striking ‘‘None of the funds’’ and 

13 inserting the following: 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), none of the funds’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(2) PROJECT DEVELOPMENT AND OUT18 REACH.—Under a partnership agreement, the Sec19 retary may advance reasonable amounts of funding 

20 for technical assistance to eligible partners to con21 duct project development and outreach activities in 

22 a project area (including activities conducted during 

23 the period beginning on the date on which the Sec24 retary announces the approval of an application 

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1 fore the effective date of the partnership agreement), 

2 including— 

3 ‘‘(A) providing outreach and education to 

4 eligible producers for potential participation in 

5 the project; 

6 ‘‘(B) developing a watershed or habitat 

7 plan; 

8 ‘‘(C) establishing baseline metrics to sup9 port the development of the assessment re10 quired under section 1271B(c)(1)(E); or 

11 ‘‘(D) providing technical assistance to eligi12 ble producers.’’; and 

13 (5) by adding at the end the following: 

14 ‘‘(f) TECHNICAL ASSISTANCE.— 

15 ‘‘(1) IN GENERAL.—At the time of project se16 lection, the Secretary shall identify and make pub17 lically available the amount that the Secretary shall 

18 use to provide technical assistance under the terms 

19 of the partnership agreement. 

20 ‘‘(2) LIMITATION.—The Secretary shall limit 

21 costs of the Secretary for technical assistance to 

22 costs specific and necessary to carry out the objec23 tives of the partnership agreement. 

24 ‘‘(3) THIRD-PARTY PROVIDERS.—The Secretary 

25 shall develop and implement strategies to encourage 


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1 third-party technical service providers to provide 

2 technical assistance to eligible partners pursuant to 

3 a partnership agreement.’’. 

4 (b) CONFORMING AMENDMENT.—Section 1271F(a) 

5 of the Food Security Act of 1985 (16 U.S.C. 3871f(a)) 

6 is amended by striking ‘‘1271D(d)(3)’’ and inserting 

7 ‘‘1271D(d)(2)’’. 

8 SEC. 7. ADMINISTRATION. 

9 Section 1271E of the Food Security Act of 1985 (16 

10 U.S.C. 3871e) (as amended by section 5(b)) is amended— 

11 (1) in subsection (b)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘December 31, 2014’’ and inserting 

14 ‘‘December 31, 2018’’; 

15 (B) in paragraphs (1) and (2), by inserting 

16 ‘‘eligible’’ before ‘‘producers’’ each place it ap17 pears; 

18 (C) by redesignating paragraphs (1) 

19 through (4) as paragraphs (2) through (5), re20 spectively; and 

21 (D) by inserting before paragraph (2) (as 

22 so redesignated) the following: 

23 ‘‘(1) a summary of— 


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1 ‘‘(A) the progress made towards address2 ing the one or more natural resource concerns 

3 defined for the projects; and 

4 ‘‘(B) any other related environmental, so5 cial, or economic outcomes of the projects;’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(c) COMPLIANCE WITH CERTAIN REQUIRE9 MENTS.—The Secretary may not provide assistance under 

10 the program to an eligible producer unless the eligible pro11 ducer agrees, during the program year for which the as12 sistance is provided— 

13 ‘‘(1) to comply with applicable conservation re14 quirements under subtitle B; and 

15 ‘‘(2) to comply with applicable wetland protec16 tion requirements under subtitle C. 

17 ‘‘(d) MAINTAINING BENEFITS.— 

18 ‘‘(1) CONSERVATION.—For any conservation 

19 practice standard developed or modified by an eligi20 ble partner, the Secretary shall ensure that the new 

21 or modified conservation practice standard— 

22 ‘‘(A) is based on the best available science; 

23 ‘‘(B) is implemented after consultation 

24 with the State conservationist (or a designee) to 


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1 assess the anticipated effectiveness of the new 

2 or modified conservation practice; and 

3 ‘‘(C) produces conservation benefits. 

4 ‘‘(2) ELIGIBLE ACTIVITIES.—The Secretary 

5 shall ensure that any eligible activity maintains con6 servation benefits in accordance with purposes of the 

7 covered program. 

8 ‘‘(3) HISTORICALLY UNDERSERVED PRO9 DUCERS.—To the maximum extent practicable, in 

10 carrying out the program, the Secretary shall work 

11 with eligible partners to maintain eligible benefits 

12 available through the covered programs for histori13 cally underserved eligible producers, as determined 

14 by the Secretary. 

15 ‘‘(e) REGULATIONS.—The Secretary shall issue regu16 lations to carry out the program.’’. 

17 SEC. 8. CRITICAL CONSERVATION AREAS. 

18 Section 1271F of the Food Security Act of 1985 (16 

19 U.S.C. 3871f) is amended— 

20 (1) in subsection (a), by striking ‘‘producer’’ 

21 and inserting ‘‘program’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (1)(E), by inserting ‘‘eli24 gible’’ before ‘‘producers’’; and 


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1 (B) in paragraph (2), by striking the para2 graph designation and heading and all that fol3 lows through ‘‘an area if’’ and inserting the fol4 lowing: 

5 ‘‘(2) REVIEW AND WITHDRAWAL.—The Sec6 retary may— 

7 ‘‘(A) review designations of critical con8 servation areas under this section not more 

9 than once every 5 years; and 

10 ‘‘(B) withdraw designation of a critical 

11 conservation area only if’’; 

12 (3) by redesignating subsection (c) as sub13 section (d); 

14 (4) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c) OUTREACH TO ELIGIBLE PARTNERS AND ELIGI17 BLE PRODUCERS.—The Secretary shall provide outreach 

18 and education to eligible partners and eligible producers 

19 in critical conservation areas designated under this section 

20 to encourage the development of projects that address the 

21 highest-priority natural resource concerns in the highest22 priority watersheds or regions within those critical con23 servation areas, as determined by the Secretary.’’; and 

24 (5) in subsection (d) (as so redesignated)— 


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1 (A) in paragraph (1), by striking ‘‘pro2 ducer’’ and inserting ‘‘program’’; and 

3 (B) by striking paragraph (3). 

Æ 


lotter on DSKBCFDHB2PROD with BILLS