I 
115TH CONGRESS 
2D SESSION 
H. R. 5487 
To amend the Food Security Act of 1985 to modify the regional conservation 
partnership program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2018 
Mr. COSTA introduced the following bill; which was referred to the Committee 
on Agriculture 
A BILL 
To amend the Food Security Act of 1985 to modify the 
regional conservation partnership program, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regional Conservation 
Partnership Program Improvement Act of 2018’’. 
SEC. 2. ESTABLISHMENT AND PURPOSES. 
Section 1271 of the Food Security Act of 1985 (16 
U.S.C. 3871) is amended— 
(1) in subsection (a)— 
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(A) in paragraph (1), by inserting ‘‘, in-
cluding 
grant 
agreements 
under 
section 
1271C(d),’’ after ‘‘partnership agreements’’; 
and 
(B) in paragraph (2), by striking ‘‘con-
tracts with producers’’ and inserting ‘‘program 
contracts with eligible producers’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘use cov-
ered programs’’ and inserting ‘‘carry out con-
servation activities’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) To further the conservation, protection, 
restoration, and sustainable use of soil, water (in-
cluding sources of drinking water), wildlife, agricul-
tural land, and related natural resources on eligible 
land on a regional or watershed scale.’’; 
(C) in paragraph (3)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘eligible’’ before 
‘‘producers’’; and 
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(ii) in subparagraph (B), by striking 
‘‘installation’’ and inserting ‘‘adoption, in-
stallation,’’; and 
(D) by adding at the end the following: 
‘‘(4) To encourage the flexible and streamlined 
delivery of conservation assistance to eligible pro-
ducers through partnership agreements. 
‘‘(5) To encourage alignment of partnership 
projects with other Federal, State, and local agen-
cies and programs addressing similar natural re-
source concerns in a coordinated manner. 
‘‘(6) To engage eligible producers in conserva-
tion projects to achieve greater conservation out-
comes and benefits for eligible producers than would 
otherwise be achieved. 
‘‘(7) To advance conservation and rural commu-
nity development goals simultaneously.’’. 
SEC. 3. DEFINITIONS. 
Section 1271A of the Food Security Act of 1985 (16 
U.S.C. 3871a) is amended— 
(1) in paragraph (1) by adding at the end the 
following: 
‘‘(E) The conservation reserve program es-
tablished under subchapter B of chapter 1 of 
subtitle D.’’; 
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(2) by striking paragraphs (2) and (3) and in-
serting the following: 
‘‘(2) ELIGIBLE
ACTIVITY.—The term ‘eligible 
activity’ means— 
‘‘(A) an eligible activity under the statu-
tory authority for a covered program; and 
‘‘(B) any other related activity that an eli-
gible partner determines will help achieve con-
servation benefits, subject to the approval of the 
Secretary. 
‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 
means— 
‘‘(A) eligible land under the statutory au-
thority for a covered program; and 
‘‘(B) any other agricultural or nonindus-
trial private forest land or associated land on 
which the Secretary determines an eligible ac-
tivity would help achieve conservation bene-
fits.’’; 
(3) in paragraph (4), in subparagraph (E), by 
inserting ‘‘management or’’ after ‘‘specific water’’; 
(4) by redesignating paragraphs (5) and (6) as 
paragraphs (6) and (7), respectively; 
(5) by inserting after paragraph (4) the fol-
lowing: 
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‘‘(5) ELIGIBLE PRODUCER.—The term ‘eligible 
producer’ means a person, legal entity, or Indian 
tribe that is an owner or operator of eligible land.’’; 
and 
(6) by adding at the end the following: 
‘‘(8) PROGRAM CONTRACT.—The term ‘program 
contract’ means a contract established by the Sec-
retary under section 1271C(a).’’. 
SEC. 4. REGIONAL CONSERVATION PARTNERSHIPS. 
(a) IN GENERAL.—Section 1271B of the Food Secu-
rity Act of 1985 (16 U.S.C. 3871b) is amended— 
(1) in subsection (a), by inserting ‘‘eligible’’ be-
fore ‘‘producers’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) MAXIMUM LENGTH.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the term of a partnership agreement shall 
not be longer than 5 years. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) 
CONCURRENT
PROGRAM
DEAD-
LINE.—The Secretary may enter into a partner-
ship agreement for a term that is longer than 
5 years if the eligible partner with which the 
Secretary enters into such agreement is a par-
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ticipant in a State or Federal program that re-
lates specifically to the project that is the sub-
ject of the partnership agreement and such par-
ticipation is for a term longer than 5 years. 
‘‘(B) SPECIAL CIRCUMSTANCES.—Upon re-
quest by an eligible partner, the Secretary may 
extend the term of a partnership agreement 
with the eligible partner if the Secretary deter-
mines that special circumstances outside the 
control of the eligible partner have created a 
delay in the implementation of a project that is 
a subject of the partnership agreement.’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by redesignating clauses (iii) 
and (iv) as clauses (iv) and (v), re-
spectively; and 
(II) by striking clauses (i) and 
(ii) and inserting the following: 
‘‘(i) 1 or more natural resource con-
cerns that the project will address; 
‘‘(ii) the eligible activities to be con-
ducted under the project to address the 
natural resource concerns; 
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‘‘(iii) the implementation timeline for 
carrying out the project, including any in-
terim milestones;’’; 
(ii) in subparagraph (B), by inserting 
‘‘eligible’’ before ‘‘producers’’; 
(iii) in subparagraph (C), by striking 
‘‘a producer’’ each place it appears and in-
serting ‘‘an eligible producer’’; 
(iv) in subparagraph (D), by inserting 
‘‘or in-kind contributions’’ after ‘‘addi-
tional funds’’; and 
(v) in subparagraph (E), by striking 
‘‘of the project’s effects; and’’ and insert-
ing the following: ‘‘of— 
‘‘(i) the progress made by the project 
in addressing each natural resource con-
cern defined under subparagraph (A), in-
cluding in a quantified form; and 
‘‘(ii) as appropriate, other environ-
mental, economic, or social outcomes of the 
project; and’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘An eligible’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—An eligible’’; and 
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(ii) by adding at the end the fol-
lowing: 
‘‘(B) FORM.—A contribution of an eligible 
partner under this paragraph may be in the 
form of— 
‘‘(i) direct funding; or 
‘‘(ii) in-kind support. 
‘‘(C) 
TREATMENT.—Any 
amounts 
ex-
pended before the effective date of a partner-
ship agreement under this section by an eligible 
partner for staff salaries for development of the 
partnership agreement shall be considered to be 
a part of the contribution of the eligible partner 
under this paragraph.’’; 
(4) by redesignating subsection (d) as sub-
section (e); 
(5) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) DUTIES OF SECRETARY.—The Secretary shall— 
‘‘(1) establish a timeline for carrying out the 
duties of the Secretary under a partnership agree-
ment, including— 
‘‘(A) entering into contracts with eligible 
producers; 
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‘‘(B) providing financial assistance to eligi-
ble producers; and 
‘‘(C) in the case of a partnership agree-
ment that is a grant agreement under section 
1271C(d), providing the grant amounts to the 
eligible partner; 
‘‘(2) establish in each State a program coordi-
nator for the State, who shall be responsible solely 
for providing assistance to eligible partners and eli-
gible producers under the program; 
‘‘(3) establish guidance to assist eligible part-
ners with carrying out the assessment required 
under subsection (c)(1)(E); and 
‘‘(4) provide to each eligible partner that has 
entered into a partnership agreement— 
‘‘(A) a quarterly 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 1271D(f).’’; and 
(6) in subsection (e) (as redesignated by para-
graph (4))— 
(A) in paragraph (3)— 
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(i) by striking the paragraph designa-
tion and heading and all that follows 
through ‘‘description of—’’ and inserting 
the following: 
‘‘(3) CONTENTS.—The Secretary shall develop 
a simplified application process that requires each 
application submitted under this subsection to in-
clude a description of—’’; 
(ii) in subparagraph (C), by striking 
‘‘, including the covered programs to be 
used’’; and 
(iii) in subparagraph (D), by inserting 
‘‘or in-kind’’ after ‘‘financial’’; 
(B) in paragraph (4)— 
(i) in subparagraphs (A) and (B), by 
inserting ‘‘eligible’’ before ‘‘producers’’ 
each place it appears; 
(ii) by redesignating subparagraphs 
(E) and (F) as subparagraphs (F) and 
(G), respectively; and 
(iii) by inserting after subparagraph 
(D) the following: 
‘‘(E) develop and implement watershed or 
habitat plans to address 1 or more natural re-
source concerns;’’; and 
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(C) by adding at the end the following: 
‘‘(5) FUNDING RENEWALS.—If an eligible part-
ner demonstrates to the satisfaction of the Secretary 
that the eligible partner has made progress in ad-
dressing 1 or more natural resource concerns de-
fined in the partnership agreement, not earlier than 
1 year before the date of expiration of the partner-
ship agreement, the eligible partner may request 
from the Secretary a renewal of the partnership 
agreement, including a renewal of funding, through 
an expedited approval process— 
‘‘(A) to continue to implement the partner-
ship agreement; 
‘‘(B) to expand the scope of the partner-
ship agreement; 
‘‘(C) to enroll additional eligible producers; 
or 
‘‘(D) to carry out other conservation activi-
ties relating to the project, including the assess-
ment of the project under subsection (c)(1)(E), 
as mutually agreed by the Secretary and the eli-
gible partner.’’. 
(b) CONFORMING AMENDMENT.—Section 1271E(a) 
of the Food Security Act of 1985 (16 U.S.C. 3871e(a)) 
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is amended by striking ‘‘1271B(d)’’ each place it appears 
and inserting ‘‘1271B(e)’’. 
SEC. 5. ASSISTANCE TO ELIGIBLE PRODUCERS. 
(a) IN GENERAL.—Section 1271C of the Food Secu-
rity Act of 1985 (16 U.S.C. 3871c) is amended— 
(1) in the section heading, by inserting ‘‘ELIGI-
BLE’’ before ‘‘PRODUCERS’’; 
(2) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) IN GENERAL.—The Secretary may enter into 
contracts with eligible producers to provide to such eligible 
producer financial or technical assistance to conduct eligi-
ble activities on eligible land, subject to such terms and 
conditions as the Secretary considers appropriate. 
‘‘(b) AGGREGATED APPLICATIONS.— 
‘‘(1) IN GENERAL.—For the purposes of ad-
dressing a natural resources concern that would be 
benefitted by the submission of an aggregated appli-
cation, an eligible partner may submit to the Sec-
retary, on behalf multiple eligible producers, such 
aggregated application for a contract for assistance 
under this section. 
‘‘(2) PRIORITY.—The Secretary shall give pri-
ority to such aggregated applications described in 
paragraph (1).’’; 
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(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘In ac-
cordance with statutory requirements of the 
covered programs involved, the Secretary may 
make payments to a producer’’ and inserting 
‘‘Subject to section 1271D, the Secretary may 
make payments to an eligible producer’’; 
(B) in paragraph (2), by inserting ‘‘eligi-
ble’’ before ‘‘producers’’ each place it appears; 
and 
(C) in paragraph (3), by striking ‘‘partici-
pating’’ and inserting ‘‘eligible’’; and 
(4) by adding at the end the following: 
‘‘(d) FUNDING ARRANGEMENTS THROUGH GRANT 
AGREEMENTS.— 
‘‘(1) IN
GENERAL.—A contract entered into 
under this section may be a grant agreement entered 
into with an eligible partner in accordance with this 
subsection. 
‘‘(2) REQUIREMENTS.—Under a grant agree-
ment under paragraph (1)— 
‘‘(A) using amounts made available to 
carry out this subtitle, the Secretary shall pro-
vide to the eligible partner a grant; 
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‘‘(B) the eligible partner shall carry out el-
igible activities on eligible land (including by 
contracting with 1 or more producers, if the eli-
gible partner determines the contracting to be 
appropriate), on the condition that the eligible 
activities directly or indirectly benefit agricul-
tural producers (including forestry producers), 
to address natural resource concerns on a re-
gional or watershed scale, such as— 
‘‘(i) infrastructure investments relat-
ing to agricultural or nonindustrial private 
forest production that would benefit mul-
tiple producers, such as a multiproducer ir-
rigation water delivery system; 
‘‘(ii) projects addressing water quality 
or quantity concerns in coordination with 
producers, including the development and 
implementation of watershed plans; 
‘‘(iii) projects that use innovative ap-
proaches to leveraging the Federal invest-
ment in conservation with private financial 
mechanisms, in conjunction with agricul-
tural production or forest resource man-
agement, such as— 
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‘‘(I) the provision of perform-
ance-based payments to eligible pro-
ducers; and 
‘‘(II) support for an environ-
mental market; 
‘‘(iv) projects that promote ground-
water replenishment; 
‘‘(v) projects that facilitate pilot test-
ing of new conservation practices, tech-
nologies, or activities; 
‘‘(vi) projects that promote the long- 
term viability and sustainability of agricul-
tural land through innovative agricultural 
land protection strategies and mechanisms, 
including projects that support the transfer 
of land to beginning farmers and ranchers, 
veteran farmers and ranchers (as deter-
mined by the Secretary), socially disadvan-
taged farmers and ranchers, and limited 
resource farmers and ranchers (as deter-
mined by the Secretary); and 
‘‘(vii) other projects for which the 
Secretary determines that the goals and 
objectives of the program would be easier 
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to achieve through the grant agreement; 
and 
‘‘(C) the Secretary may provide technical 
and administrative assistance, as mutually 
agreed by the parties. 
‘‘(3) NONAPPLICABILITY OF ADJUSTED GROSS 
INCOME
LIMITATION.—The adjusted gross income 
limitation described in section 1001D(b)(1) shall not 
apply to the receipt by an eligible partner of a grant 
under this subsection. 
‘‘(4) LIMITATION.—The Secretary may not use 
more than 30 percent of funding made available to 
carry out the program for grant agreements. 
‘‘(5) REPORTS.—An eligible partner that enters 
into a grant agreement under this subsection shall 
submit to the Secretary— 
‘‘(A) any information that the Secretary 
requires to prepare the report under section 
1271E(b); and 
‘‘(B) an annual report that describes the 
status of the project carried out by the eligible 
partner, including a description of— 
‘‘(i) the use of the grant funds; 
‘‘(ii) any subcontracts awarded using 
grant funds; 
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‘‘(iii) the eligible producers receiving 
funding using the grant funds; 
‘‘(iv)(I) the progress made by the 
project in addressing each natural resource 
concern defined in the grant agreement, in-
cluding in a quantified form; and 
‘‘(II) as appropriate, other environ-
mental, economic, or social outcomes of the 
project; and 
‘‘(v) any other reporting data the Sec-
retary determines are necessary to ensure 
compliance with the program rules.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
1271E(b)(4) of the Food Security Act of 1985 (16 U.S.C. 
3871e(b)(4)) is amended in the matter preceding subpara-
graph (A) by striking ‘‘1271C(b)(2)’’ and inserting 
‘‘1271C(d)’’. 
SEC. 6. FUNDING. 
(a) IN GENERAL.—Section 1271D of the Food Secu-
rity Act of 1985 (16 U.S.C. 3871d) is amended— 
(1) in subsection (a), by striking ‘‘for each of 
fiscal years 2014 through 2018’’ and inserting ‘‘for 
each fiscal year’’; 
(2) in subsection (c), by striking paragraphs (1) 
and (2) and inserting the following: 
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‘‘(1) IN GENERAL.—To ensure that additional 
resources are available to carry out the program, in 
addition to the funds made available under sub-
section (a), for each fiscal year the Secretary shall 
reserve 7 percent of the funds and acres made avail-
able for the following programs: 
‘‘(A) The conservation stewardship pro-
gram established under subchapter B of chapter 
2 of subtitle D. 
‘‘(B) The environmental quality incentives 
program established under chapter 4 of subtitle 
D. 
‘‘(C) The agricultural conservation ease-
ment program established under subtitle H. 
‘‘(2) DURATION OF AVAILABILITY.—Any funds 
or acres reserved under paragraph (1) shall remain 
available for obligation only for the purposes of car-
rying out the program until expended. 
‘‘(3) DISTRIBUTION OF FUNDS.—To the max-
imum extent practicable, of projects receiving funds 
or acres reserved under paragraph (1) from a pro-
gram described in subparagraph (A), (B), or (C) of 
that paragraph, the percentage of projects that shall 
have purposes similar to the purposes of the applica-
ble program from which funds or acres were re-
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served shall be approximately equal to the percent-
age of funds or acres reserved from the applicable 
program.’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘25 per-
cent of the funds and acres to projects based on 
a State competitive process administered by the 
State Conservationist, with the advice of the 
State technical committee’’ and inserting the 
following: ‘‘40 percent of the funds and acres to 
projects based on a State or multistate competi-
tive process administered, as applicable, by the 
State Conservationist or jointly by the State 
Conservationists of each State participating in 
the multistate process, with the advice of the 
applicable State technical committees’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(D) in paragraph (2) (as so redesignated), 
by striking ‘‘35 percent’’ and inserting ‘‘60 per-
cent’’; 
(4) in subsection (e)— 
(A) by striking ‘‘None of the funds’’ and 
inserting the following: 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds’’; and 
(B) by adding at the end the following: 
‘‘(2) 
PROJECT
DEVELOPMENT
AND
OUT-
REACH.—Under a partnership agreement, the Sec-
retary may advance reasonable amounts of funding 
for technical assistance to eligible partners to con-
duct project development and outreach activities in 
a project area (including activities conducted before 
the effective date of the partnership agreement), in-
cluding— 
‘‘(A) providing outreach and education to 
eligible producers for potential participation in 
the project; 
‘‘(B) developing a watershed or habitat 
plan; 
‘‘(C) establishing baseline metrics to sup-
port the development of the assessment re-
quired under section 1271B(c)(1)(E); or 
‘‘(D) providing technical assistance to eligi-
ble producers.’’; and 
(5) by adding at the end the following: 
‘‘(f) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—At the time of project se-
lection, the Secretary shall identify and make pub-
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lically available the amount that the Secretary shall 
use to provide technical assistance under the terms 
of the partnership agreement. 
‘‘(2) LIMITATION.—The Secretary shall limit 
costs of the Secretary for technical assistance to 
costs specific and necessary to carry out the objec-
tives of the partnership agreement. 
‘‘(3) THIRD-PARTY PROVIDERS.—The Secretary 
shall develop and implement strategies to encourage 
third-party technical service providers to provide 
technical assistance to eligible partners pursuant to 
a partnership agreement.’’. 
(b) CONFORMING AMENDMENT.—Section 1271F(a) 
of the Food Security Act of 1985 (16 U.S.C. 3871f(a)) 
is amended by striking ‘‘1271D(d)(3)’’ and inserting 
‘‘1271D(d)(2)’’. 
SEC. 7. ADMINISTRATION. 
Section 1271E of the Food Security Act of 1985 (16 
U.S.C. 3871e) (as amended by section 5(b)) is amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘December 31, 2014’’ and inserting 
‘‘December 31, 2018’’; 
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(B) in paragraphs (1) and (2), by inserting 
‘‘eligible’’ before ‘‘producers’’ each place it ap-
pears; 
(C) 
by 
redesignating 
paragraphs 
(1) 
through (4) as paragraphs (2) through (5), re-
spectively; and 
(D) by inserting before paragraph (2) (as 
so redesignated) the following: 
‘‘(1) a summary of— 
‘‘(A) the progress made towards address-
ing the 1 or more natural resource concerns de-
fined for the projects; and 
‘‘(B) any other related environmental, so-
cial, or economic outcomes of the projects;’’; 
and 
(2) by adding at the end the following: 
‘‘(c) 
COMPLIANCE
WITH
CERTAIN
REQUIRE-
MENTS.—The Secretary may not provide assistance under 
the program to an eligible producer unless the eligible pro-
ducer agrees, during the program year for which the as-
sistance is provided— 
‘‘(1) to comply with applicable conservation re-
quirements under subtitle B; and 
‘‘(2) to comply with applicable wetland protec-
tion requirements under subtitle C. 
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‘‘(d) MAINTAINING BENEFITS.— 
‘‘(1) CONSERVATION.—For any conservation 
practice standard developed or modified by an eligi-
ble partner and any related activity described in sec-
tion 1271A(2)(B), the Secretary shall ensure that 
the new or modified conservation practice standard 
or related activity— 
‘‘(A) is based on the best available science; 
‘‘(B) is implemented after consultation 
with the State conservationist (or a designee) to 
assess the anticipated effectiveness of the new 
or modified conservation practice; and 
‘‘(C) produces conservation benefits. 
‘‘(2) 
HISTORICALLY
UNDERSERVED
PRO-
DUCERS.—To the maximum extent practicable, in 
carrying out the program, the Secretary shall work 
with eligible partners to maintain eligible benefits 
available through the covered programs for histori-
cally underserved eligible producers, as determined 
by the Secretary. 
‘‘(e) REGULATIONS.—The Secretary shall issue regu-
lations to carry out the program.’’. 
SEC. 8. CRITICAL CONSERVATION AREAS. 
Section 1271F of the Food Security Act of 1985 (16 
U.S.C. 3871f) is amended— 
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(1) in subsection (a), by striking ‘‘producer’’ 
and inserting ‘‘program’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(E), by inserting ‘‘eli-
gible’’ before ‘‘producers’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) REVIEW
OF
DESIGNATIONS.—The Sec-
retary may— 
‘‘(A) review designations of critical con-
servation areas under this section not more 
than once every 5 years; 
‘‘(B) withdraw a designation of a critical 
conservation area only if— 
‘‘(i) the designated area no longer 
meets the conditions described in para-
graph (1); and 
‘‘(ii) the withdrawal has been ap-
proved by favorable resolutions of the Sen-
ate Agriculture Committee and House Ag-
riculture Committee.’’; and 
(C) in paragraph (3), by striking ‘‘8’’ and 
inserting ‘‘10’’; 
(3) by redesignating subsection (c) as sub-
section (d); 
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(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) OUTREACH TO ELIGIBLE PARTNERS AND ELIGI-
BLE PRODUCERS.—The Secretary shall provide outreach 
and education to eligible partners and eligible producers 
in critical conservation areas designated under this section 
to encourage the development of projects that address the 
highest-priority natural resource concerns in the highest- 
priority watersheds or regions within those critical con-
servation areas, as determined by the Secretary.’’; and 
(5) in subsection (d) (as so redesignated)— 
(A) in paragraph (1), by striking ‘‘pro-
ducer’’ and inserting ‘‘program’’; and 
(B) by striking paragraph (3). 
Æ 
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