Increased TSP Access Act of 2025

Bill: 119-s-1150
Sponsor: full_name: Sen. Crapo, Mike [R-ID]
Introduced: 2025-03-26
Policy area: Agriculture and Food
Latest action: action_date: 2025-03-26
text: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Summaries:
action_date: 2025-03-26
action_desc: Introduced in Senate
text: <p><strong>Increased TSP Access Act of 2025</strong></p><p>This bill directs the Department of Agriculture (USDA) to modify the&nbsp;certification process for Technical Service Providers (TSPs) at the Natural Resources Conservation Service (NRCS) by establishing an approval process for nonfederal certifying entities and a streamlined certification process for TSPs that hold certain specialty certifications.</p><p>As background, TSPs are third-party service providers, such as private businesses, Indian tribes, and nonprofit organizations, that work on behalf of customers to offer planning, design, and implementation services that meet NRCS criteria.</p><p>The bill specifies that USDA must ensure, to the maximum extent practicable, third-party providers with expertise in the technical aspects of conservation practice design, implementation, and evaluation are eligible to become approved TSPs.</p><p>USDA must provide a streamlined certification process for TSPs who hold appropriate specialty certifications (e.g., certified crop advisors).</p><p>In determining the eligibility of a nonfederal certifying entity, USDA must consider the ability, experience, expertise, and history of the entity. USDA must decide whether to approve an application submitted by a nonfederal certifying entity to certify&nbsp;TSPs&nbsp;within a specified time period.</p><p>USDA must also review a TSP's certification by a nonfederal certifying entity within a specified time period. If the certification is satisfactory, USDA must include the&nbsp;TSP on a USDA-maintained registry of certified TSPs.</p><p>The bill also specifies that TSPs must be paid at rates equivalent to technical assistance provided by USDA.</p><p>Further, USDA must provide accessible public information on TSPs, including information on funding and certification results.</p>

tv_txt: II 119th CONGRESS 1st Session S. 1150 IN THE SENATE OF THE UNITED STATES March 26, 2025 Mr. Crapo (for himself, Mr. Bennet , and Mr. Marshall ) 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 improve delivery of technical assistance, and for other purposes.

1. Short title This Act may be cited as the Increased TSP Access Act of 2025 . 2. Delivery of technical assistance Section 1242 of the Food Security Act of 1985 ( 16 U.S.C. 3842 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following: (1) Approved non-Federal certifying entity The term approved non-Federal certifying entity means a non-Federal entity approved by the Secretary under subsection (e)(5)(C)(ii) to perform certifications of third-party providers under this section. ; (2) in subsection (b), by striking science-based, site-specific practices designed and inserting timely, science-based, and site-specific practice design and implementation assistance ; (3) in subsection (d), by inserting (including private sector entities) after non-Federal entities ; (4) in subsection (e)— (A) in paragraph (2), by striking Food, Conservation, and Energy Act of 2008 and inserting Increased TSP Access Act of 2025 ; (B) in paragraph (3)(A), by striking ensure and all that follows through engineering, and inserting ensure that third-party providers with expertise in the technical aspects of conservation planning, watershed planning, environmental engineering, conservation practice design, implementation, and evaluation, or other technical skills, as determined by the Secretary, ; and (C) by striking paragraphs (4) and (5) and inserting the following: (4) Certification The Secretary shall certify a third-party provider through— (A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; (B) a non-Federal entity (other than a State agency) approved by the Secretary to perform the certification; or (C) a State agency with statutory authority to certify, administer, or license professionals in one or more fields of natural resources, agriculture, or engineering approved by the Secretary to perform the certification. (5) Non-Federal certifying entity process (A) Establishment Not later than 180 days after the date of enactment of the Increased TSP Access Act of 2025 , the Secretary shall establish a process for the certification of third-party providers through approved non-Federal certifying entities, with the goal of increasing third-party provider capacity, including the certification of qualified agricultural retailers, cooperatives, professional societies, service providers, and organizations described in section 1265A(3)(B)(i). (B) Eligibility of non-Federal entities In determining the eligibility of an entity described in subparagraph (B) or (C) of paragraph (4) (referred to in this paragraph as a non-Federal entity ) to perform certifications, the Secretary shall consider— (i) the ability of the non-Federal entity to assess qualifications of a third-party provider and certify third-party providers at scale; (ii) the experience of the non-Federal entity in working with third-party providers and eligible participants; (iii) the expertise of the non-Federal entity in the technical and science-based aspects of conservation delivery described in paragraph (3)(A); (iv) the history of the non-Federal entity in working with agricultural producers; and (v) such other qualifications as the Secretary determines to be appropriate. (C) Approval Not later than 40 business days after the date on which the Secretary receives an application submitted by a non-Federal entity to perform certifications of third-party providers under this section, the Secretary shall— (i) determine if the non-Federal entity meets the eligibility requirements established under subparagraph (B); and (ii) if the Secretary makes a positive determination under clause (i), approve the non-Federal entity to perform certifications of third-party providers under this section. (D) Timely decisions Not later than 10 business days after the date on which the Secretary receives a notification submitted by a third-party provider that the third-party provider has been certified by an approved non-Federal certifying entity to provide technical assistance for specified practices and conservation activities, the Secretary shall— (i) review the certification; and (ii) if the certification is satisfactory to the Secretary, include the name of the third-party provider on the registry of certified third-party providers maintained by the Secretary. (E) Duties of approved non-Federal certifying entities An approved non-Federal certifying entity shall— (i) assess the ability of a third-party provider to appropriately provide technical assistance to eligible participants for specified practices and conservation activities; and (ii) provide to third-party providers certified by the approved non-Federal certifying entity— (I) training to ensure that the third-party providers are qualified to provide the technical assistance described in clause (i); and (II) continuing education, as appropriate, to ensure that the third-party providers are educated in the most recent technical- and science-based aspects of conservation delivery. (6) Streamlined certification Not later than 180 days after the date of enactment of the Increased TSP Access Act of 2025 , the Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a certified crop advisor certified by the American Society of Agronomy, a professional engineer, or a holder of a technical certification approved by the Secretary. ; and (5) in subsection (f)— (A) in paragraph (2), in the matter preceding subparagraph (A), by inserting or an approved non-Federal certifying entity after third-party provider ; (B) by striking paragraph (3) and inserting the following: (3) Review Not later than 1 year after the date of enactment of the Increased TSP Access Act of 2025 , and additionally thereafter at the discretion of the Secretary, the Secretary shall— (A) review certification requirements for third-party providers; (B) make any adjustments considered necessary by the Secretary to improve participation and the quality and effectiveness of conservation practices implemented and adopted with support from technical service providers; and (C) conduct outreach to and receive input from third-party providers, both that currently participate in the program under this section and those that no longer participate in the program, and entities, organizations, and associations providing or supporting consultative services to agriculture, livestock, and forest producers to assess barriers and opportunities for the use of third-party provider assistance for improved conservation program delivery. ; (C) in paragraph (4)(A)(i), by inserting maintenance, after outreach, ; and (D) by striking paragraph (5) and inserting the following: (5) Payment amounts (A) In general The Secretary shall establish fair and reasonable amounts of payments for technical services provided by third-party providers at rates equivalent to, but that do not exceed, technical assistance provided by the Secretary. (B) Considerations In determining fair and reasonable payment amounts under subparagraph (A), the Secretary shall consider specialized equipment, frequency of site visits, training, travel and transportation, and such other factors as the Secretary determines to be appropriate. (C) Exclusion A payment provided under another Federal program directly to an eligible participant for technical assistance provided by a third-party provider certified under this section shall be— (i) excluded from cost-sharing requirements under the program under which the payment was provided; and (ii) equal to not more than 100 percent of the fair and reasonable payment amount for the applicable technical assistance determined under subparagraph (B). (6) Transparency Not later than 1 year after the date of establishment of the processes under paragraphs (5)(A) and (6) of subsection (e), and routinely thereafter, the Secretary shall provide accessible public information on— (A) funds obligated to third-party providers through— (i) contracts entered into between eligible participants and individual third-party providers; and (ii) agreements with public and private sector entities to secure third-party technical assistance; (B) certification results, including— (i) the number of third-party providers certified by the Secretary; (ii) the number of approved non-Federal certifying entities; (iii) the number of third-party providers certified through approved non-Federal certifying entities; and (iv) the number of third-party providers certified based on State agency or professional association credentialing; and (C) the estimated number of staff hours or full-time equivalents saved through work accomplished by third-party providers. .