Loading bill…
Loading bill…
H.R. 7567 · House bill · 119th Congress
This bill (commonly known as the farm bill) reauthorizes through FY2031 and modifies Department of Agriculture programs that address
Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended—
(1) in the matter preceding paragraph (1), by striking “subtitles A through I:” and inserting “subtitles A through J:”;
(2) in paragraph (14), by striking “term Indian tribe has the meaning given the term” and inserting “terms Indian tribe and Indian Tribe have the meaning given those terms”;
(3) by redesignating paragraphs (20) through (27) as paragraphs (22) through (29), respectively;
(4) by inserting after paragraph (19) the following:
“(20) Precision agriculture.— The term precision agriculture means managing, tracking, or reducing crop or livestock production inputs, including seed, feed, fertilizer, chemicals, water, and time, at a heightened level of spatial and temporal granularity and biological targeting to improve efficiencies, reduce waste, and maintain environmental quality.
(21) Precision agriculture technology.— The term precision agriculture technology means any technology (including targeted inputs and the equipment that is necessary for the deployment of such technology) that directly contributes to a reduction in, or improved efficiency of, inputs used in crop or livestock production, including—
(A) Global Positioning System-based or geospatial mapping technology;
(B) satellite or aerial imagery technology;
(C) yield monitors;
(D) soil mapping technology;
(E) sensors for gathering data on crop, soil, or livestock conditions;
(F) Internet of Things and telematics technologies;
(G) data management software and advanced analytics;
(H) network connectivity products and solutions;
(I) Global Positioning System guidance or auto-steer systems;
(J) variable rate technology for applying inputs, such as section control;
(K) immersive technologies; and
(L) any other technology, as determined by the Secretary, that directly contributes to a reduction in, or improved efficiency of, the use of crop or livestock production inputs, which may include seed, feed, fertilizer, soil amendments, chemicals, water, and time.”; and
(5) by adding at the end the following:
“(30) Wildlife habitat connectivity.— The term wildlife habitat connectivity means the degree to which landscape or habitat elements facilitate native species movement among seasonal habitats.”.
Section 1222(k)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3822(k)(1)(B)) is amended to read as follows:
“(B) Authorization of appropriations.— There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2027 through 2031.”.
(a) In general.— Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking “2023” and inserting “2031”.
(b) Eligible land.— Section 1231(b) of the Food Security Act of 1985 (16 U.S.C. 3831(b)) is amended—
(1) in paragraph (1)(B), by striking “the date of enactment of the Agriculture Improvement Act of 2018” and inserting “the date of enactment of the Farm, Food, and National Security Act of 2026”; and
(2) in paragraph (7)(A), by striking “September 30, 2017, or September 30, 2018” and inserting “September 30, 2025, or September 30, 2026”.
(c) Enrollment.—
(1) Maximum acreage enrolled.— Section 1231(d)(1)(E) of the Food Security Act of 1985 (16 U.S.C. 3831(d)(1)(E)) is amended by striking “fiscal year 2023” and inserting “each of fiscal years 2023 through 2031”.
(2) Grasslands.— Section 1231(d)(2)(A)(ii)(III) of the Food Security Act of 1985 (16 U.S.C. 3831(d)(2)(A)(ii)(III)) is amended by striking “2023” and inserting “2031”.
(3) State enrollment rates.— Section 1231(d)(4) of the Food Security Act of 1985 (16 U.S.C. 3831(d)(4)) is amended by striking “2019 through 2023” and inserting “2026 through 2031” each place it appears.
(4) Continuous enrollment procedure.— Section 1231(d)(6)(B) of the Food Security Act of 1985 (16 U.S.C. 3831(d)(6)(B)) is amended to read as follows:
“(B) Limitation.— For purposes of applying the limitations in paragraph (1), the Secretary shall, to the maximum extent practicable, enroll and maintain not fewer than 8,600,000 acres of land under subparagraph (A) by September 30, 2031.”.
(5) State acres for wildlife enhancement continuous enrollment.— Section 1231(d)(6)(A)(i) of the Food Security Act of 1985 (16 U.S.C. 3831(d)(6)(A)(i)) is amended—
(A) in subclause (II), by striking “and” at the end; and
(B) by inserting after subclause (III) the following:
“(IV) land that will be enrolled under the State acres for wildlife enhancement initiative established by the Secretary; and”.
Section 1231B(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended by striking “2023” and inserting “2031”.
Section 1240A(6) of the Food Security Act of 1985 (16 U.S.C. 3839aa–1(6)) is amended—
(1) in subparagraph (A)(ii), by inserting “, including composting practices” before the semicolon at the end; and
(2) in subparagraph (B)(v), by inserting “(including the adoption of precision agriculture practices and the acquisition of precision agriculture technology)” after “planning”.
(a) Payments.—
(1) Special rule involving payments for foregone income.— Section 1240B(d)(3)(F) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(d)(3)(F)) is amended by inserting “and wildlife habitat connectivity” before “; or”.
(2) Other payments.— Section 1240B(d)(6) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(d)(6)) is amended—
(A) by striking “A producer shall” and inserting the following:
“(A) Payments under this subtitle.— Except as provided in paragraph (9), a producer shall”; and
(B) by adding at the end the following:
“(B) Conservation loan and loan guarantee program payments.—
(i) In general.— A producer receiving payments for practices on eligible land under the program may also receive a loan or loan guarantee under section 304 of the Consolidated Farm and Rural Development Act to cover costs for the same practices on the same land.
(ii) Notice to producer.— The Secretary shall inform a producer participating in the program in writing that they may apply to receive a loan or loan guarantee under section 304 of the Consolidated Farm and Rural Development Act as it relates to costs of implementing practices under this program.”.
(3) Increased payments for high-priority practices.— Section 1240B(d)(7) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(d)(7)) is amended—
(A) in the paragraph heading, by inserting “state-determined” before “high-priority”; and
(B) in subparagraph (A)—
(i) in clause (iii), by striking “or” at the end;
(ii) in clause (iv), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
“(v) addresses the conservation and restoration of wildlife habitat, including wildlife habitat connectivity and wildlife migration corridors; or
(vi) increases carbon sequestration or reduces greenhouse gas emissions, including emissions of methane and nitrous oxide.”.
(4) Increased payments for precision agriculture.— Section 1240B(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(d)) is amended by adding at the end the following:
“(8) Increased payments for precision agriculture practices.— Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with adopting precision agriculture practices and acquiring precision agriculture technology for the purpose of implementing conservation practices.”.
(5) Cost-share payments for grassland.— Section 1240B(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(d)) is further amended by adding at the end the following:
“(9) Cost-share payments for grassland enrolled in the conservation reserve program.—
(A) In general.— The Secretary may provide payments under the program for costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training, for the purpose of a wildlife corridor, with respect to eligible land that is—
(i) enrolled in the conservation reserve program under section 1231(d)(2)(A); and
(ii) of ecological significance, as described in section 1231(d)(2)(B)(iii).
(B) Limitation.— A producer shall not be eligible for payments under subparagraph (A) for a practice if the producer receives payments or other benefits for the same practice on the same land under this title.”.
(b) Allocation of funding.— Section 1240B(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(f)(1)) is amended by striking “2023” and inserting “2031”.
(c) Water conservation or irrigation efficiency practice.— Section 1240B(h)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(h)(1)) is amended—
(1) in subparagraph (B), by striking “; or” and inserting a semicolon;
(2) in subparagraph (C), by striking the period and inserting “; or”; and
(3) by adding at the end the following:
“(D) the adoption of precision agriculture practices or the acquisition of precision agriculture technology to achieve water conservation and energy efficiency.”.
(d) Payments for conservation practice related to organic production.— Section 1240B(i)(3)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(i)(3)(A)(ii)) is amended by striking “2019 through 2023, $140,000” and inserting “2027 through 2031, $200,000”.
(e) Conservation incentive contracts.— Section 1240B(j)(2)(A)(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(j)(2)(A)(i)) is amended by inserting “(which may include the adoption of precision agriculture practices and the acquisition of precision agriculture technology)” after “incentive practices”.
(f) Southern Border Initiative.— Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended by adding at the end the following:
“(k) Southern Border Initiative.—
(1) In general.— The Secretary shall provide payments under the program to producers to implement conservation practices on covered lands of such producers that address and repair covered damage that may contribute to a natural resource concern or problem.
(2) Contract term.— In the case of a contract under the program entered into for the implementation of practices described in paragraph (1), such contract shall have a term of 1 year.
(3) Definitions.— In this subsection:
(A) Covered damage.— The term covered damage means damage to agricultural land or farming infrastructure.
(B) Covered land.— The term covered land means eligible land in a county at or near the southern border of the United States, as determined by the Secretary.”.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa–7) is amended by striking “2019 through 2023” and inserting “2027 through 2031”.
(a) Competitive grants for innovative conservation approaches.— Section 1240H(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(a)) is amended—
(1) by amending paragraph (1) to read as follows:
“(1) Grants.— Out of the funds made available to carry out this subchapter, the Secretary may award competitive grants that are intended to stimulate development and evaluation of new and innovative approaches to leveraging the Federal investment in environmental enhancement and protection, in conjunction with agricultural production or forest resource management, through the program, including grants for the development and evaluation of new and innovative technologies that may be incorporated into conservation practice standards.”; and
(2) in paragraph (2)(H), by inserting before the period “(including precision agriculture practices and precision agriculture technologies)”.
(b) On-Farm conservation innovation trials.— Section 1240H(c)(1)(B)(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(c)(1)(B)(i)) is amended—
(1) in subclause (VI), by striking “and” at the end; and
(2) by inserting after subclause (VII) the following:
“(VIII) perennial production systems, including agroforestry and perennial forages and grain crops; and”.
(c) Reporting and database.— Section 1240H(d)(2)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(d)(2)(A)) is amended—
(1) in clause (i)—
(A) by inserting “, including both management and structural conservation practices,” after “conservation practices”; and
(B) by striking “and” at the end;
(2) by redesignating clause (ii) as clause (iii);
(3) by inserting after clause (i) the following:
“(ii) data that may be used to evaluate new and emerging technologies and recommendations for State and regional applications of such new and emerging technologies; and”; and
(4) in clause (iii), as so redesignated, by inserting “for consideration under the streamlined process developed under section 1242(h)(3)” before the period at the end.
Section 1240I(2)(B)(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa–21(2)(B)(i)) is amended by inserting “, composting practices” after “agriculture drainage management systems”.
Section 1240J(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa–22(b)) is amended—
(1) in paragraph (1), in the matter preceding subparagraph (A), by inserting “and except as provided in paragraph (3),” after “paragraph (2),”; and
(2) by adding at the end the following:
“(3) Cost-share payments for grassland enrolled in the conservation reserve program.—
(A) In general.— The Secretary may provide payments under the program for costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training, for the purpose of a wildlife corridor, with respect to eligible land that is—
(i) enrolled in the conservation reserve program under section 1231(d)(2)(A); and
(ii) of ecological significance, as described in section 1231(d)(2)(B)(iii).
(B) Limitation.— A producer shall not be eligible for payments under subparagraph (A) for a conservation activity if the producer receives payments or other benefits for the same conservation activity on the same land under this title.
(C) Emergency grazing and haying access preserved.— No priority resource concern, practice, or incentive pertaining to restoration and enhancement of wildlife habitat connectivity and wildlife migration corridors on the acres described above will prevent or alter emergency grazing and haying access for grassland acres enrolled in the conservation reserve program.”.
(a) Conservation stewardship payments.— Section 1240L(c) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(c)) is amended—
(1) in paragraph (2)(A), by inserting before the period “(including increased costs associated with planning and adopting precision agriculture conservation activities and acquiring precision agriculture technology)”; and
(2) by adding at the end the following:
“(6) Minimum payment.— The amount of an annual payment under the program shall be not less than $4,000.”.
(b) Supplemental payments for resource-Conserving crop rotations and advanced grazing management.— Section 1240L(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(d)) is amended—
(1) in the subsection heading, by striking “and advanced grazing management” and inserting “, advanced grazing management, and precision agriculture”;
(2) in paragraph (2)—
(A) in subparagraph (A), by striking “; or” and inserting a semicolon;
(B) in subparagraph (B), by striking the period at the end and inserting “; or”; and
(C) by adding at the end the following:
“(C) precision agriculture conservation activities.”; and
(3) in paragraph (3), by striking “or advanced grazing management” and inserting “, advanced grazing management, or precision agriculture conservation activities”.
(c) Payment limitations.— Section 1240L(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(f)) is amended by striking “2019 through 2023” and inserting “2027 through 2031”.
Subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa–21 et seq.) is amended by adding at the end the following:
“1240L–2. State assistance for soil health.—
(a) Definitions.— In this section:
(1) Eligible Indian Tribe.— The term eligible Indian Tribe means an Indian Tribe that is—
(A) implementing a soil health program for the area over which the Indian Tribe has jurisdiction; and
(B) meeting or exceeding performance measures established by the Indian Tribe for the soil health program.
(2) Eligible State.— The term eligible State means a State that is—
(A) implementing a soil health program for the State; and
(B) meeting or exceeding performance measures established by the State for the soil health program.
(3) Soil health program.— The term soil health program means a program to improve soil health on agricultural land that—
(A) is broadly consistent with the soil health principles of the Natural Resources Conservation Service, as determined by the Secretary; and
(B) may include—
(i) technical assistance;
(ii) financial assistance;
(iii) on-farm research and demonstration;
(iv) education, outreach, and training;
(v) monitoring and evaluation; or
(vi) such other components as the Secretary determines appropriate.
(b) Availability and purpose of grants.— For fiscal years 2027 through 2031, the Secretary shall make grants to eligible States and eligible Indian Tribes for the purpose of improving soil health on agricultural lands through the implementation of State and Tribal soil health programs.
(c) Applications.—
(1) In general.— To receive a grant under this section, an eligible State or eligible Indian Tribe shall submit to the Secretary an application at such time, in such a manner, and containing such information as the Secretary shall require, which shall include—
(A) a description of performance measures to be used to evaluate the State or Tribal soil health program and the results of any activities carried out using grant funds received under this section; and
(B) an assurance that grant funds received under this section will supplement the expenditure of State or Tribal funds in support of soil health, rather than replace such funds.
(2) Tribal option.— An Indian Tribe shall have the option, at the sole discretion of the Indian Tribe, to be incorporated into the application of an eligible State.
(d) Grants.—
(1) Amount.— The amount of a grant to an eligible State or eligible Indian Tribe under this section for a fiscal year may not exceed the lower of—
(A) $5,000,000; or
(B) as applicable—
(i) 50 percent of the cost of implementing the State soil health program in the fiscal year; or
(ii) 75 percent of the cost of implementing the Tribal soil health program in the fiscal year.
(2) Term.— A grant under this section shall be for 1 year, and may be renewed annually.
(e) Audits and reviews.— An eligible State or eligible Indian Tribe receiving a grant under this section shall submit to the Secretary—
(1) for each year for which the State or Indian Tribe receives such a grant, the results of an audit of the expenditures of the grant funds; and
(2) at such intervals as the Secretary shall establish, a review and evaluation of the State or Tribal soil health program.
(f) Effect of noncompliance.— If the Secretary, after reasonable notice to an eligible State or eligible Indian Tribe receiving a grant under this section, finds that the State or Indian Tribe has failed to comply with the terms of the grant, the Secretary may disqualify, for 1 or more years, the State or Indian Tribe from receipt of future grants under this section.
(g) Funding.— Of the funds made available to carry out this subchapter, $100,000,000 shall be available in each of fiscal years 2027 through 2031 to carry out this section.
(h) Administration.—
(1) Department.— The Secretary may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses.
(2) States or Indian Tribes.— An eligible State or eligible Indian Tribe receiving a grant under this section may not use more than 7 percent of the granted funds for a fiscal year for administrative expenses.”.
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended by striking “2023” and inserting “2031”.
(a) Feral swine eradication and control program.— Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839bb et seq.) is amended by inserting after section 1240M the following:
“1240N. Feral swine eradication and control program.—
(a) In general.— The Secretary shall establish a feral swine eradication and control program (in this section referred to as the “program”) to respond to the threat feral swine pose to agriculture, native ecosystems, and human and animal health.
(b) Duties of the Secretary.— In carrying out the program, the Secretary shall—
(1) study and assess the nature and extent of damage to the threatened areas caused by feral swine;
(2) develop methods to eradicate or control feral swine in the threatened areas;
(3) develop methods to restore damage caused by feral swine; and
(4) provide financial assistance to agricultural producers in threatened areas.
(c) Assistance.— The Secretary may provide financial assistance to agricultural producers under the program to implement methods to—
(1) eradicate or control feral swine in the threatened areas; and
(2) restore damage caused by feral swine.
(d) Coordination.— The Secretary shall ensure that the Natural Resources Conservation Service and the Animal and Plant Health Inspection Service coordinate for purposes of this section through State technical committees established under section 1261(a).
(e) Cost Sharing.—
(1) Federal share.— The Federal share of the costs of activities under the program may not exceed 75 percent of the total costs of such activities.
(2) In-kind contributions.— The non-Federal share of the costs of activities under the program may be provided in the form of in-kind contributions of materials or services.
(f) Threatened area defined.— In this section, the term threatened area means an area of a State in which feral swine have been identified as a threat to agriculture, native ecosystems, or human and animal health, as determined by the Secretary.
(g) Funding.—
(1) Mandatory funding.— Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $75,000,000 for the period of fiscal years 2019 through 2023, $15,000,000 for fiscal year 2024, and $150,000,000 for the period of fiscal years 2025 through 2031.
(2) Distribution of funds.— Of the funds made available under paragraph (1)—
(A) 40 percent shall be allocated to the Natural Resources Conservation Service to carry out the program, including the provision of financial assistance to producers for on-farm trapping and technology related to capturing and confining feral swine; and
(B) 60 percent shall be allocated to the Animal and Plant Health Inspection Service to carry out the program, including the use of established, and testing of innovative, population reduction methods.
(3) Limitation on administrative expenses.— Not more than 10 percent of funds made available under this section may be used for administrative expenses of the program.
(h) Coordination and cooperation with a land-grant college or university.—
(1) In general.— The Secretary shall direct the Natural Resources Conservation Service and the Animal and Plant Health Inspection Service to enter into a contract with 1 or more land-grant colleges or universities to assist with the program in achieving its goals.
(2) Eligible land-grant colleges and universities.— A land-grant college or university is eligible to enter into a contract under paragraph (1) if such college or university—
(A) has developed and implemented a system of evaluating damages from feral swine and effectiveness of control efforts in response to the Agriculture Improvement Act of 2018 (Public Law 115–334);
(B) shows evidence of a strong working relationship with Wildlife Services in the Animal and Plant Health Inspection Service; and
(C) has maintained a State-funded, non-Federal Wildlife Services program that has an active cooperative agreement with Wildlife Services in the Animal and Plant Health Inspection Service within the structure of the Land Grant University System.
(3) Role of the land-grant college or university.— A land-grant college or university that enters into a contract under paragraph (1) shall, as a condition on entering into such a contract, assist the program by acting as a strategic, neutral entity that is able to advance the program beyond the expertise of the Department to achieve the stated goals of the program by—
(A) identifying and carrying out research on novel methods of feral swine control and land remediation;
(B) assisting in establishing strategic areas for feral swine control based on data collected in response to the Agriculture Improvement Act of 2018;
(C) coordinating and collaborating between field staff, programmatic staff, and research staff within the Natural Resources Conservation Service and the Animal and Plant Health Inspection Service; and
(D) establishing and consulting with the Department on research goals and priorities in the program.
(4) Funding.— Funding made available under (g)(2) shall be available to fund activities under this subsection, as determined by the Secretary.
(5) Land-grant college or university defined.— In this subsection, the term land-grant college or university has the meaning given the term land-grant colleges and universities in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).”.
(b) Repeal.— Section 2408 of the Agriculture Improvement Act of 2018 (7 U.S.C. 8351 note) is repealed.
(c) Clerical amendment.— The table of contents in section 1(b) of the Agriculture Improvement Act of 2018 is amended by striking the item relating to section 2408.
(a) Assistance to local organizations.—
(1) In general.— Section 3(a) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003(a)) is amended by redesignating paragraph (6) as paragraph (7) and inserting after paragraph (5) the following:
“(6) to provide technical and financial assistance for remedial actions in accordance with subsection (c); and”.
(2) Assistance for remedial actions; Streamlining.— Section 3 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003) is amended by adding at the end the following:
“(c) Assistance for remedial actions.—
(1) In general.— In carrying out subsection (a)(6), the Secretary may provide technical and financial assistance to local organizations for remedial actions for a completed work of improvement installed under this Act with respect to which—
(A) deterioration of a structural component of the work of improvement is occurring at an abnormal rate, including situations in which such deterioration is due to a design deficiency or to site conditions that were unknown at the time of installation of the work of improvement;
(B) the planned service life of the work of improvement exceeds the service life of a structural component of such work of improvement; or
(C) structural damage to such work of improvement, or to a structural component of such work of improvement, was caused by a storm event that exceeded the maximum storm event for which the work of improvement was designed.
(2) Cost share.— Financial assistance provided under this subsection shall be provided in accordance with the cost-share rate established in the agreement with the local organization for the work of improvement.
(d) Streamlining.— The Secretary shall, on an ongoing basis—
(1) engage with relevant Federal agencies to reduce or eliminate regulatory, policy, or procedural barriers to timely provision of assistance under this Act;
(2) provide for streamlined procedures relating to coordination with other Federal or State agencies for required reviews and permitting of projects pursuant to this Act, and ensure such procedures are commensurate with the size and scale of the projects;
(3) conduct an assessment of internal Department of Agriculture planning, technical support, and approvals to determine best practices to be used for the purpose of maximizing the decisionmaking authority of State conservationists with respect to approvals required for projects under this Act; and
(4) prioritize the use of agreements and contracting authorities under this Act to provide funding to local organizations for the planning, design, and construction of works of improvement.”.
(b) Data.— Section 13 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1010) is amended to read as follows:
“13. Data.—
(a) In general.— The Secretary shall collect and maintain, and make publicly available—
(1) data, on a national and State-by-State basis, concerning—
(A) expenditures for the individual flood control and conservation measures for which assistance is provided under this Act; and
(B) the expected flood control or environmental (including soil erosion) benefits that will result from the implementation of such measures; and
(2) data, with respect to each project for which assistance is provided under this Act, concerning—
(A) total allocated and expended funds for planning, design, construction, remedial actions, and rehabilitation; and
(B) contracts and agreements entered into by the Secretary with a local organization to provide services, including—
(i) the services provided through such contracts and agreements;
(ii) the total funds allocated to such contracts and agreements; and
(iii) any modifications or adjustments made to such contracts and agreements.
(b) Prohibition.— The Secretary may not make publicly available under this section an agreement entered into with an individual landowner, operator, or occupier under this Act, or any disaggregated information that identifies such individual landowner, operator, or occupier.”.
(c) Rehabilitation of structural measures near, at, or past their evaluated life expectancy.—
(1) Cost share assistance for rehabilitation.— Section 14(b) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(b)) is amended—
(A) in paragraph (2), by striking “65 percent” and inserting “90 percent”; and
(B) by adding at the end the following:
“(4) Relation to requirements of authorized projects.— A rehabilitation project for which assistance is provided under this section shall not be subject to—
(A) the requirement under section 2 that a project contain benefits directly related to agriculture, including rural communities, that account for at least 20 percent of the total benefits of the project; or
(B) section 4(5).”.
(2) Funding.— Section 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E)) is amended by striking “2023” and inserting “2031”.
Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) is amended—
(1) in subsection (b)—
(A) in the subsection heading, by inserting “and other emergency conservation measures” after “fencing”;
(B) by amending paragraph (1) to read as follows:
“(1) In general.— With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, or for other emergency measures to rehabilitate farmland or to repair or replace a farmland or conservation structure, the Secretary shall give the agricultural producer the option of receiving—
(A) before carrying out such replacement or rehabilitation, not more than 75 percent of the payment for such replacement or rehabilitation, which shall be based on the fair market value of the replacement or rehabilitation, as determined by the Secretary; and
(B) before carrying out such repair, not more than 50 percent of the payment for such repair, which shall be based on the fair market value of the repair, as determined by the Secretary.”; and
(C) by adding at the end the following:
“(3) New or emerging technologies.— Repair or replacement of fencing under this section may include updating of fencing to new or emerging technology if such updating does not increase the cost of the repair or replacement.”; and
(2) by adding at the end the following:
“(c) Wildfires.— A wildfire that causes damage with respect to which a payment may be made under subsection (a) includes any wildfire that is not caused naturally, including a wildfire that is caused by the Federal Government, if the damage is caused by the spread of the fire due to natural causes.”.
(a) Floodplain easements.— Section 403(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 2203(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs (5) and (6), respectively;
(2) by inserting before paragraph (5), as so redesignated, the following:
“(1) Easement restoration.— The Secretary is authorized to restore appropriate vegetative cover, hydrological functions, and other functions and values of the land subject to a floodplain easement acquired under subsection (a).
(2) Easement maintenance.— The Secretary is authorized to monitor, maintain, and enhance appropriate vegetative cover, hydrological restoration measures, and other restoration measures on land subject to a floodplain easement acquired under subsection (a).
(3) Contracts and agreements.— In carrying out paragraphs (1) and (2), the Secretary may—
(A) enter into contracts with landowners; and
(B) enter into agreements with States, nongovernmental organizations, and Indian Tribes.
(4) Compatible use authority.— The Secretary may authorize a landowner to carry out activities on land subject to a floodplain easement acquired under subsection (a) that are—
(A) compatible uses necessary to carry out paragraph (1) or (2); or
(B) compatible economic uses (including such activities as hunting and fishing, managed timber harvest, water management, or periodic haying or grazing) if such uses are consistent with the long-term protection of the floodplain functions and values for which the easement was acquired.”; and
(3) in paragraph (6), as so redesignated, by striking “paragraph (1)” and inserting “paragraph (5)” each place it appears.
(b) Level of restoration.— Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended by adding at the end the following:
“(c) Level of restoration.— In carrying out this section, the Secretary may undertake measures that increase the level of protection above that which would be necessary to address the immediate impairment of the watershed if the Secretary determines that such restoration is in the best interest of the long-term health of the watershed and the long-term protection of the watershed from repetitive impairments.”.
(c) Preagreement costs.— Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is further amended by adding at the end the following:
“(d) Preagreement costs.—
(1) Definition of sponsor.— In this subsection, the term “sponsor” means—
(A) a State or local government; and
(B) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
(2) Preagreement project costs.— Not later than 180 days after the date of enactment of this subsection, the Secretary shall—
(A) identify a list of emergency watershed protection measures the cost of which may be incurred by a sponsor prior to entering into an agreement with the Secretary under this section; and
(B) develop a procedure, including appropriate deadlines, to be implemented at the State level, through which a sponsor may request, for a specified natural disaster, additional emergency watershed protection measure the cost of which may be incurred by a sponsor prior to entering into an agreement with the Secretary under this section.
(3) Agreement contribution.— If the Secretary and a sponsor enter into an agreement under this section, the Secretary shall consider any applicable preagreement costs incurred by the sponsor for undertaking emergency watershed protection measures identified under paragraph (2) as meeting part of the contribution of the sponsor toward the cost of the project.
(4) Asuumption of risk.— A sponsor that undertakes emergency watershed protection measures prior to entering into an agreement with the Secretary under this section shall assume the risk of incurring any cost of undertaking those measures.
(5) Effect.— Nothing in this subsection requires the Secretary to enter into an agreement with a sponsor.”.
Not later than 2 years after the date of enactment of this Act, 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 national agriculture flood vulnerability report containing the results of a Conservation Effects Assessment Project assessment of flood risk on agricultural lands, including—
(1) an analysis of economic losses of crops and livestock resulting from flooding under different recurrence scenarios;
(2) an analysis of the downstream effects of mitigation activities carried out as part of a watershed management approach;
(3) an analysis of available Federal and State data relating to flood risk, as applicable to agricultural land, including data relating to riverine flooding, coastal flooding, storm surge, extreme precipitation, and flash flooding; and
(4) a description of ongoing producer-level conservation practices and broader government initiatives to manage the effects of flooding and flood risk within and across watersheds, and recommendations for additional practices and initiatives to further address such effects and risk.
The Secretary, acting through the Chief of the Natural Resources Conservation Service, shall submit to the Committee on Agriculture of the House of Representatives the results of a study on the environmental benefits of using winter wheat as a cover crop, including use as a cover crop that is removed during harvest.
(a) Annual funding.— Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking “2019 through 2023” and inserting “2027 through 2031”; and
(B) in subparagraph (B), by striking “2019 through 2023” and inserting “2027 through 2031”;
(2) in paragraph (3)(A), by striking clauses (i) through (vi) and inserting the following:
“(i) $2,530,000,000 for fiscal year 2027;
(ii) $2,730,000,000 for fiscal year 2028;
(iii) $3,130,000,000 for fiscal year 2029;
(iv) $3,175,000,000 for fiscal year 2030; and
(v) $3,255,000,000 for fiscal year 2031; and”; and
(3) by adding at the end the following:
“(5) The forest conservation easement program under subtitle I, using, to the maximum extent practicable—
(A) $25,000,000 for fiscal year 2027;
(B) $50,000,000 for fiscal year 2028;
(C) $50,000,000 for fiscal year 2029;
(D) $50,000,000 for fiscal year 2030; and
(E) $65,000,000 for fiscal year 2031.
(6) The regional conservation partnership program under subtitle J, to the maximum extent practicable—
(A) $450,000,000 for fiscal year 2027;
(B) $450,000,000 for fiscal year 2028;
(C) $450,000,000 for fiscal year 2029;
(D) $450,000,000 for fiscal year 2030; and
(E) $450,000,000 for fiscal year 2031.”.
(b) Regional equity.— Section 1241(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3841(e)(1)) is amended by striking “subtitle I” and inserting “subtitle J”.
(c) Acceptance and use of contributions for public-Private partnerships.— Section 1241(f) of the Food Security Act of 1985 (16 U.S.C. 3841(f)) is amended—
(1) in paragraph (6)(A)(ii), by inserting “of” before “any terms”; and
(2) in paragraph (9)—
(A) by amending subparagraph (A) to read as follows:
“(A) subtitle D (except for subchapter B of chapter 1 of such subtitle), subtitle H, subtitle I, or subtitle J;”;
(B) in subparagraph (B), by striking the semicolon and inserting “; or”;
(C) by striking subparagraph (C); and
(D) by redesignating subparagraph (D) as subparagraph (C).
(d) Report on program enrollments and assistance.— Section 1241(i) of the Food Security Act of 1985 (16 U.S.C. 3841(i)) is amended—
(1) in the matter preceding paragraph (1), by striking “2019 through 2023” and inserting “2027 through 2031”; and
(2) in paragraph (2)(E), by striking “section 1265B(b)(2)(B)(ii)” and inserting “section 1265B(b)(2)(A)(iii)”.
(e) Conservation standards and requirements.— Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph:
“(2) Composting as conservation practice and activity.—
(A) In general.— The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title.
(B) Composting defined.—
(i) In general.— For the purposes of this paragraph, the term composting means—
(I) an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is—
(aa) generated on a farm; or
(bb) brought to a farm from a nearby community and used to produce compost on that farm; and
(II) the use and active management of compost on a farm, in accordance with any applicable Federal, State, or local law, to improve water retention and soil health.
(ii) Determination of nearby communities.— The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.”.
(a) Definitions.— Section 1242(a) of the Food Security Act of 1985 (16 U.S.C. 3842(a)) is amended—
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following:
“(2) Non-Federal certifying entity.— The term non-Federal certifying entity means a non-Federal entity, an Indian Tribe, or a State agency described in subparagraph (B), (C), or (D) of subsection (e)(4) that has entered into an agreement under subsection (e)(5)(D).
(3) Farmer-to-farmer network.— The term “farmer-to-farmer network” means any affiliation or association of farmers that share information, technical assistance, or any other type of mutually beneficial support.”.
(b) Purpose of technical assistance.— Section 1242(b) of the Food Security Act of 1985 (16 U.S.C. 3842(b)) is amended by inserting “timely,” after “consistent,”.
(c) Non-Federal assistance.— Section 1242(d) of the Food Security Act of 1985 (16 U.S.C. 3842(d)) is amended by inserting “(including private sector entities)” after “Department or non-Federal entities”.
(d) Certification of third-Party providers.— Section 1242(e) of the Food Security Act of 1985 (16 U.S.C. 3842(e)) is amended—
(1) in paragraph (2), by striking “Food, Conservation, and Energy Act of 2008” and inserting “Farm, Food, and National Security Act of 2026”;
(2) by amending paragraph (3)(A) to read as follows:
“(A) ensure that persons (including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies) with expertise in the technical aspects of conservation planning, watershed planning, environmental engineering, conservation practice design, implementation, and evaluation, and any other technical skills determined appropriate by the Secretary, are eligible to become approved providers of the technical assistance;”; and
(3) by striking paragraphs (4) and (5) and inserting the following:
“(4) Certification.— A third-party provider may be certified to provide technical assistance under this section only—
(A) through a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service;
(B) by a non-Federal entity (other than a State agency or an Indian Tribe) approved by the Secretary under paragraph (5) to certify a third-party provider;
(C) by an Indian Tribe approved by the Secretary under paragraph (5) to certify a third-party provider; or
(D) by a State agency that—
(i) has statutory authority to certify, administer, or license professionals in one or more fields of natural resources, agriculture, or engineering; and
(ii) is approved by the Secretary under paragraph (5) to certify a third-party provider.
(5) Non-Federal certifying entity.—
(A) Establishment of approval process.— Not later than 180 days after the date of enactment of the Farm, Food, and National Security Act of 2026, the Secretary shall establish a process to approve a non-Federal entity (including a State agency and an Indian Tribe), to become a non-Federal certifying entity.
(B) Approval.— Not later than 60 days after the date on which the Secretary receives an application by a non-Federal entity to certify third-party providers under this section, the Secretary shall make a decision on whether to approve such application.
(C) Eligibility.— In carrying out subparagraph (B), the Secretary shall take into consideration—
(i) the ability of the applicable non-Federal entity to assess the qualifications of a third-party provider and to certify third-party providers at scale;
(ii) the experience of the applicable non-Federal entity in working with third-party providers and eligible participants;
(iii) the expertise of the applicable non-Federal entity in the technical skills described in paragraph (3)(A); and
(iv) such other qualifications as the Secretary determines to be appropriate.
(D) Agreement.— Upon approving an application under this paragraph, the Secretary shall enter into an agreement with the non-Federal entity to become a non-Federal certifying entity.
(E) Duties of non-Federal certifying entities.— In certifying third-party providers under this section, a 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;
(ii) provide training to ensure that a third-party provider is qualified to provide technical assistance upon certification by the non-Federal certifying entity; and
(iii) submit to the Secretary, in a timely manner, information on—
(I) each third-party provider certified by the non-Federal certifying entity, for inclusion on the registry of certified third-party providers maintained by the Secretary; and
(II) each third-party provider the certification of which is withdrawn by the non-Federal certifying entity.
(6) Timely decisions.—
(A) Certification by Secretary.— Not later than 30 days after the date on which the Secretary receives an application from a third-party provider to be certified under the process described in paragraph (4)(A) for particular practices and conservation activities, the Secretary shall—
(i) make a final decision with respect to such application; and
(ii) if the final decision is to certify the third-party provider, include the name of the certified third-party provider on the registry of certified third-party providers maintained by the Secretary.
(B) Certification by non-Federal certifying entity.— Not later than 10 days after the date on which the Secretary receives a notification from a non-Federal certifying entity that a third-party provider was certified, pursuant to subparagraph (B), (C), or (D) of paragraph (4), for particular practices and conservation activities, the Secretary shall include the name of the certified third-party provider on the registry of certified third-party providers maintained by the Secretary.
(7) Streamlined certification.— Not later than 180 days after the date of enactment of the Farm, Food, and National Security Act of 2026, the Secretary shall establish a streamlined process for the Secretary and non-Federal certifying entities to use to certify under this section a third-party provider that has a relevant professional certification for particular practices and conservation activities, as determined by the Secretary.”.
(e) Administration.— Section 1242(f) of the Food Security Act of 1985 (16 U.S.C. 3842(f)) is amended—
(1) in paragraph (1)—
(A) by striking “each of the programs specified in section 1241” and inserting “conservation programs administered by the Secretary”; and
(B) by inserting “and for the purpose of carrying out subsection (l)” before the period at the end;
(2) in paragraph (2), in the matter preceding subparagraph (A), by inserting “or a non-Federal certifying entity” before “under this section”;
(3) by amending paragraph (3) to read as follows:
“(3) Update of certification process by the Secretary.— Not later than 1 year after the date of enactment of the Farm, Food, and National Security Act of 2026, and periodically thereafter, the Secretary shall—
(A) review the certification processes under paragraphs (4)(A) and (7) of subsection (e);
(B) make any adjustments considered necessary by the Secretary to—
(i) increase the number of third-party providers delivering technical assistance; and
(ii) improve the quality of technical assistance delivered by third-party providers;
(C) conduct outreach to, and receive input on the barriers for third-party providers to become certified under this section from—
(i) third-party providers that are, or have been, certified under this section; and
(ii) other interested parties associated with eligible participants; and
(D) set a target rate of utilization of third-party providers to deliver technical assistance across all conservation programs administered by the Secretary.”;
(4) in paragraph (4)(A)(i), by inserting “(including maintenance)” after “implementation”;
(5) by striking paragraph (5) and inserting the following:
“(5) Payment amount.—
(A) In general.— For payments provided by the Secretary under paragraph (2) or (3) of subsection (c), the Secretary shall determine payment amounts for technical assistance provided by third-party providers, which shall be at rates equivalent to, but that do not exceed, the cost to the Secretary of providing technical assistance directly to an eligible participant.
(B) Considerations.— In determining 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 subsection (c)(3) shall be excluded from calculations relating to any cost-sharing requirements of the applicable conservation program under which the payment was provided.
(6) Transparency.— Not later than 1 year after the date of enactment of the Farm, Food, and National Security Act of 2026, and periodically thereafter, the Secretary shall make publicly available 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) the certification process under this section, including—
(i) the number of third-party providers certified by the Secretary;
(ii) the number of non-Federal certifying entities approved by the Secretary;
(iii) the number of third-party providers certified by non-Federal certifying entities (other than State agencies and Indian Tribes);
(iv) the number of third-party providers certified by Indian Tribes;
(v) the number of third-party providers certified by State agencies; and
(vi) the number of third-party providers certified through the streamlined certification process described in subsection (e)(7);
(C) how third-party providers contribute to the quality and effectiveness of conservation practices implemented and adopted through conservation programs administered by the Secretary, and what improvements are needed; and
(D) the target rate of utilization of third-party providers set under paragraph (3)(D) and how actual rate of utilization compares to the target rate.”; and
(6) by adding at the end the following:
“(7) Soil health planning.— The Secretary shall emphasize the use of third-party providers in providing technical assistance for soil health planning, including planning related to the use of cover crops, precision agriculture practices, comprehensive nutrient management planning, and other innovative plans.”.
(f) Review of conservation practice standards.— Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended—
(1) in the subsection heading, by striking “Review” and inserting “Establishment and review”;
(2) in paragraph (1)—
(A) by amending subparagraph (A) to read as follows:
“(A) not later than 1 year after the date of enactment of the Farm, Food, and National Security Act of 2026, and at least every 5 years thereafter, complete a review of each conservation practice standard, including engineering design specifications;”;
(B) in subparagraph (C), by striking “and” at the end;
(C) by amending subparagraph (D) to read as follows:
“(D) evaluate opportunities to increase flexibility in conservation practice standards in a manner that integrates new and innovative technologies that provide equivalent or improved natural resource benefits compared to the standards in effect at the time of the review;”; and
(D) by adding at the end the following:
“(E) provide a process for public input on each conservation practice standard under such review, including a process for consideration of State and local input;
(F) publicly post a summary of any input received under subparagraph (E) and any decisions made relating to such input; and
(G) revise any conservation practice standard based on the results of such review, as determined appropriate by the Secretary, and publish any such revised standard.”;
(3) by amending paragraph (3) to read as follows:
“(3) Process for establishment of interim and new conservation practice standards.—
(A) In general.— Not later than 1 year after the date of enactment of the Farm, Food, and National Security Act of 2026, the Secretary shall develop a streamlined process under which the Secretary shall establish interim conservation practice standards and new conservation practice standards.
(B) Development.— In developing the streamlined process under subparagraph (A), the Secretary shall—
(i) ensure that the public can engage with the Department of Agriculture, including by recommending interim conservation practice standards; and
(ii) establish—
(I) the types of data, metrics, and other relevant information that are necessary for the establishment of interim conservation practice standards and new conservation practice standards;
(II) the process by which an interim conservation practice standard may become a new conservation practice standard; and
(III) specific requirements for an expedited review of a new conservation practice for the purpose of establishing a new conservation practice standard for such practice.
(C) Considerations.— In establishing an interim conservation practice standard or a new conservation practice standard under this subsection, the Secretary shall consider—
(i) input from State technical committees on recommendations that identify innovations or advancements in conservation practices;
(ii) technological advancements, including advancements from projects developed under section 1240H;
(iii) State and local input in the form of—
(I) recommendations for interim conservation practice standards; and
(II) partnership-led proposals for new and innovative techniques to facilitate implementing agreements and grants under this title; and
(iv) input from native entities in the form of information relating to native traditional ecological knowledge that can inform conservation practice standards.
(D) Innovative technology priority.— In reviewing conservation practice standards under this subsection, the Secretary shall prioritize the review of interim conservation practice standards and new conservation practice standards that integrate innovative technologies, including—
(i) precision agriculture technologies;
(ii) biological fertilizers, biostimulants, enhanced efficiency fertilizers, and other tools determined by the Secretary to reduce nutrient loss;
(iii) animal feed additives;
(iv) perennial production systems, including agroforestry and perennial forages and grain crops; and
(v) any other innovative technology, as determined by the Secretary.
(E) Transparency.— The Secretary shall make available on a public website a detailed description of the process for recommending, reviewing, and establishing interim conservation practice standards and new conservation practice standards under this paragraph.”;
(4) in paragraph (4)—
(A) in the matter preceding subparagraph (A)—
(i) by striking “Agriculture Improvement Act of 2018” and inserting “Farm, Food, and National Security Act of 2026”; and
(ii) by striking “a report on” and inserting “a report detailing”;
(B) in subparagraph (A), by striking “administrative” and inserting “streamlined”;
(C) in subparagraph (B), by striking “and” at the end;
(D) in subparagraph (C), by striking the period at the end and inserting “; and”; and
(E) by adding at the end the following:
“(D) any other information the Secretary determines useful to improve such streamlined process for reviewing and establishing conservation practice standards.”; and
(5) by adding at the end the following:
“(5) Office of Conservation Innovation.—
(A) In general.— The Secretary shall establish within the Office of the Chief of the Natural Resources Conservation Service an Office of Conservation Innovation (referred to in this paragraph as the “Office”) which shall be under the direct supervision of the Chief.
(B) Duties.— The Office shall—
(i) provide support to the Chief in meeting the requirements of this subsection; and
(ii) encourage innovation in conservation practices through—
(I) revisions of existing conservation practice standards;
(II) recommendations of interim conservation practice standards; and
(III) recommendations of new conservation practice standards.
(C) Staff.— The Chief shall detail to the Office not more than 6 employees of the Department of Agriculture who are technical specialists that possess an understanding of conventional, organic, and other production techniques, representing—
(i) agronomy and agroecology (including soil health, biological nutrient sources, and compatible cover cropping systems);
(ii) grazing lands ecology (including rangeland, pastureland, and grazed forest land);
(iii) animal husbandry (including animal nutrition and feed management);
(iv) water conservation, drainage water management, and irrigation engineering technology;
(v) agricultural engineering (including animal waste management, energy, and structural measures); and
(vi) forest ecology and agroforestry.
(6) Funding.— The Secretary shall use funding from the annual appropriations for conservation operations of the Natural Resources Conservation Service to carry out this subsection.
(7) Development of composting practice standard.— In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3).”.
(g) Direct hire authority.— Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended by adding at the end the following:
“(j) NRCS direct hire authority.—
(1) In general.— The Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title), qualified candidates, as described in paragraph (2), directly to positions within the Natural Resources Conservation Service that provide technical assistance under conservation programs administered by the Natural Resources Conservation Service.
(2) Qualifications.— Paragraph (1) applies to a candidate who—
(A) is qualified to provide the technical assistance described in paragraph (1), as determined by the Secretary; and
(B) meets qualification standards established by the Office of Personnel Management.”.
(h) Addressing barriers to wildlife habitat connectivity.— Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is further amended by adding at the end the following:
“(k) Addressing barriers to wildlife habitat connectivity.—
(1) In general.— The Secretary shall—
(A) to the maximum extent practicable, fully incorporate nonstructural methods to control livestock distribution, such as virtual fencing, into the conservation practice standards; and
(B) provide for the appropriate range of conservation practices and resource mitigation measures available to landowners using nonstructural methods described in subparagraph (A).
(2) Availability of adequate technical assistance.— The Secretary shall ensure that adequate technical assistance is available for the implementation of—
(A) nonstructural methods described in paragraph (1)(A); and
(B) other practices that support wildlife habitat connectivity through Federal conservation programs.”.
(i) Provision of assistance to farmer-to-farmer networks.— Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is further amended by adding at the end the following:
“(l) Provision of assistance to farmer-to-farmer networks.—
(1) Purposes.— The purposes of this subsection are—
(A) to build capacity for farmer-to-farmer networks, connect farmers with mentors or group learning opportunities, and support goal setting to increase long-term adoption of consistent, science-based, site-specific practices designed to achieve conservation objectives on land active in agricultural, forestry, or related uses;
(B) to increase the provision of technical assistance that meets the specific needs of, and is accessible to, farmers, ranchers, and forest owners using different farming models, practices, and scales;
(C) to establish and steward farmer-to-farmer networks; and
(D) to establish reporting requirements for activities carried out under this subsection.
(2) Cooperative agreements.—
(A) In general.— The Secretary may enter into cooperative agreements with eligible entities to carry out the purposes described in paragraph (1).
(B) Eligible entities.— An entity eligible to enter into a cooperative agreement with the Secretary under subparagraph (A) is—
(i) a nonprofit entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code;
(ii) a farmer-to-farmer network;
(iii) an Indian Tribe or a Tribal organization (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act);
(iv) a unit of local government (including a conservation district and a conservation district association);
(v) an institution of higher education;
(vi) a State; and
(vii) any other entity designated by the Secretary.
(C) Prioritization.— In selecting eligible entities with which to enter into cooperative agreements under subparagraph (A), the Secretary shall give priority to eligible entities that seek to meet the specific needs of, and are accessible to—
(i) historically underserved farmers, ranchers, and forest owners, including limited-resource farmers, ranchers, and forest owners (as determined by the Secretary); or
(ii) farmers, ranchers, and forest owners operating in high-poverty areas (as determined by the Secretary).
(3) Responsibilities of providers of assistance to farmer-to-farmer networks.—
(A) In general.— If an eligible entity provides assistance to establish a farmer-to-farmer network using assistance provided through a cooperative agreement under paragraph (2), the eligible entity shall be responsible for not less than 2 of the following actions:
(i) Facilitating and increasing farmer access to farmer-to-farmer networks.
(ii) Facilitating mentor and mentee matchmaking among farmers.
(iii) Coordinating training and resources to build the skills of farmer-to-farmer network leaders and participants for effective education, grassroots-based learning, and cross-training with respect to the facilitation of, information about, and other skills with respect to building effective farmer-to-farmer networks.
(iv) Maintaining and promulgating a list of relevant entities, associations, and individuals that are supporting, or have an interest in supporting, farmer-to-farmer networks.
(v) Administering subawards to increase farmer access to farmer-to-farmer assistance in accordance with paragraph (4).
(vi) Other actions determined appropriate by the Secretary.
(B) Language assistance.— If an eligible entity provides assistance described in subparagraph (A) to a non-English speaking farmer, rancher, or forest owner, the eligible entity shall, to the greatest extent practicable, provide that assistance in the native language of the farmer, rancher, or forest owner.
(C) Reporting.— An eligible entity that enters into a cooperative agreement under paragraph (2) shall annually submit to the Secretary a report describing—
(i) the conservation activities carried out under the cooperative agreement; and
(ii) any subawards administered pursuant to subparagraph (A)(v).
(4) Subawards.—
(A) In general.— If an eligible entity awards a subaward pursuant to paragraph (3)(A)(v) to an eligible subawardee described in subparagraph (B), the eligible subawardee shall use that award—
(i) to plan and conduct events, and identify and develop innovative activities, to support building capacity for farmer-to-farmer networks, connecting farmers with mentors or group learning opportunities, and supporting goal setting to increase long-term adoption of consistent, science-based, site-specific conservation objectives on land active in agricultural, forestry, or related uses; and
(ii) to compensate participants in the events and activities described in clause (i) at market rates.
(B) Eligible subawardees.— An entity eligible for a subaward under paragraph (3)(A)(v) is—
(i) a nonprofit entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code;
(ii) a farmer-to-farmer network;
(iii) an Indian Tribe or a Tribal organization (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act);
(iv) a unit of local government (including a conservation district and a conservation district association);
(v) an institution of higher education;
(vi) an individual; and
(vii) any other entity designated by the Secretary.
(C) Requirements.— The Secretary, in conjunction with the Chief of the Natural Resources Conservation Service, shall establish any necessary additional requirements for subawards under paragraph (3)(A)(v).
(5) Reporting.— Not later than 4 years after the date of enactment of this subsection, 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 report describing the status of activities funded under this subsection, including—
(A) funding awarded;
(B) the results of the activities, including, if feasible, conservation practice adoption outcomes; and
(C) if applicable, outreach activities the Secretary has considered incorporating into other conservation technical assistance efforts as a result of the program established under this subsection.”.
(a) Tenant protections.— Section 1244(d) of the Food Security Act of 1985 (16 U.S.C. 3844(d)) is amended by striking “I.” and inserting “J.”.
(b) Acreage limitations.— Section 1244(f) of the Food Security Act of 1985 (16 U.S.C. 3844(f)) is amended—
(1) by amending paragraph (1) to read as follows:
“(1) Limitation.— The Secretary shall not enroll more than 25 percent of the cropland in any county in the conservation reserve program established under subchapter B of chapter 1 of subtitle D and wetland reserve easements under section 1265C.”;
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by striking “paragraph (1)(A)” and inserting “paragraph (1)”; and
(B) in subparagraph (A), by striking “and” at the end and inserting “or”;
(3) in paragraph (3), by striking “paragraph (1)(A)” and inserting “paragraph (1)”; and
(4) in paragraph (4)(B), by striking “classes IV” and inserting “classes III”.
(c) Review and guidance for practice costs and payment rates.—
(1) In general.— Section 1244(j)(1) of the Food Security Act of 1985 (16 U.S.C. 3844(j)(1)) is amended—
(A) in the matter preceding subparagraph (A), by striking “Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, and not later than October 1 of each year thereafter, the Secretary shall” and inserting “The Secretary shall establish a process under which the Secretary shall annually”;
(B) by amending subparagraph (A) to read as follows:
“(A) review, with respect to each State, the actual practice costs and rates of payments (or, where actual practice costs and rates of payments are not available, estimates of such practice costs and rates) made to producers pursuant to programs under this title for practices on eligible land; and”; and
(C) in subparagraph (B)—
(i) in clause (ii), by striking “and” at the end;
(ii) by redesignating clause (iii) as clause (iv);
(iii) by inserting after clause (ii) the following:
“(iii) accounts for the variability in costs of implementing practices on eligible land under this title; and”; and
(iv) in clause (iv), as so redesignated, by striking “regional, State, and” and inserting “State and”.
(2) Guidance; review.— Section 1244(j)(2) of the Food Security Act of 1985 (16 U.S.C. 3844(j)(2)) is amended—
(A) in subparagraph (A), by striking “estimates for”; and
(B) in subparagraph (B)—
(i) in clause (i), by striking “and” at the end;
(ii) by redesignating clause (ii) as clause (iii);
(iii) by inserting after clause (i) the following:
“(ii) monitoring for and identifying significant variability in practice costs in each year; and”; and
(iv) in clause (iii), as so redesignated, by inserting “and, when appropriate, adopting any recommendations made by such State technical committee” after “that State”.
(3) Effect on existing contracts.— Section 1244(j) of the Food Security Act of 1985 (16 U.S.C. 3844(j)) is amended by adding at the end the following:
“(3) Effect on existing contracts.— In order to provide rates of payments that are commensurate with the costs of implementing practices pursuant to programs under this title, the Secretary shall establish processes and procedures for updating rates of payments under a contract or agreement in effect under this title to reflect the appropriate practice costs and rates of payments determined under paragraph (2)(B) for the year in which the practice is implemented.”.
(d) Source water protection through targeting of agricultural practices.— Section 1244(n) of the Food Security Act of 1985 (16 U.S.C. 3844(n)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A)—
(i) by redesignating clause (ii) as clause (iii);
(ii) in clause (i), by striking the “and” at the end; and
(iii) by inserting after clause (i) the following:
“(ii) identify in each State a source water protection coordinator who shall be responsible for coordinating such collaboration with community water systems under this subsection; and”; and
(B) in subparagraph (B), by striking “under subparagraph (A)(ii)” and inserting “under subparagraph (A)(iii)”; and
(2) by adding at the end the following:
“(4) Publicly available information.— Beginning on the date of enactment of the Farm, Food, and National Security Act of 2026, the Secretary, acting through the Chief of the Natural Resources Conservation Service, shall make publicly available—
(A) an annual report that details—
(i) for each local priority area identified under paragraph (2)(A)(i)—
(I) the conservation programs under which assistance is provided pursuant to paragraph (1);
(II) the practices implemented pursuant to paragraph (1); and
(III) the number of contracts and acres devoted to such practices;
(ii) for each conservation program administered by the Secretary—
(I) the amount of funds obligated and expended for practices implemented pursuant to paragraph (1); and
(II) information regarding the status of compliance with paragraph (3); and
(iii) the practices, by State, that are receiving increased incentives and higher payment rates under paragraph (2)(A)(iii); and
(B) through an interactive map, aggregated data detailed under subparagraph (A).”.
(e) Encouragement of habitat connectivity and wildlife corridors.— Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following:
“(q) Encouragement of habitat connectivity and wildlife corridors.— In carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage the use of conservation practices that support the development, restoration, and maintenance of habitat connectivity and wildlife corridors.”.
Section 1265A of the Food Security Act of 1985 (16 U.S.C. 3865a) is amended—
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively; and
(3) in paragraph (3)(A), as so redesignated, by amending clause (i) to read as follows:
“(i) that is subject to a pending offer for purchase of an agricultural land easement from an eligible entity;”.
(a) Availability of assistance.— Section 1265B(a) of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended—
(1) in paragraph (1), by striking “in eligible land;” and inserting “on eligible land; and”;
(2) in paragraph (2), by striking “(iv); and” and inserting “(iii).”; and
(3) by striking paragraph (3).
(b) Cost-Share assistance.—
(1) Scope of assistance available.— Section 1265B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is amended—
(A) by amending subparagraph (A) to read as follows:
“(A) Federal share.—
(i) In general.— An agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 65 percent of the fair market value of the agricultural land easement, as determined by the Secretary using—
(I) the Uniform Standards of Professional Appraisal Practice;
(II) an areawide market analysis or survey; or
(III) another industry-approved method.
(ii) Socially disadvantaged farmers and ranchers exception.— In the case of eligible land with respect to which a socially disadvantaged farmer or rancher holds an ownership interest of not less than 50 percent, the Secretary may provide an amount not to exceed 90 percent of the fair market value of the agricultural land easement.
(iii) Grasslands exception.— In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement.”;
(B) in subparagraph (B)—
(i) by amending clause (i) to read as follows:
“(i) In general.— Under the agreement, the eligible entity shall provide a non-Federal share that is equivalent to the remainder of the fair market value of the agricultural land easement not provided by the Secretary under subparagraph (A).”;
(ii) by striking clause (ii);
(iii) by redesignating clause (iii) as clause (ii); and
(iv) in clause (ii), as so redesignated, in the matter preceding subclause (I), by striking “subparagraph” and inserting “paragraph”; and
(C) by inserting after subparagraph (B) the following:
“(C) Lower cost-share option.—
(i) In general.— Notwithstanding paragraph (4)(C)(v), an eligible entity may elect to enter into an agreement under paragraph (4) in which the terms and conditions of an agricultural land easement funded under the agreement do not include a right of enforcement for the Secretary if the eligible entity agrees to a Federal share that does not exceed 25 percent of the fair market value of the agricultural land easement, as determined by the Secretary under subparagraph (A).
(ii) Minimum terms and conditions.— Under an agreement described in clause (i), an eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions—
(I) are consistent with the purposes of the program; and
(II) permit effective enforcement of the conservation purposes of such easements.
(iii) Entity enforcement.— Under an agreement described in clause (i), the Secretary shall require the terms and conditions for the agricultural land easement to include a right of enforcement for the eligible entity.
(iv) Cash contribution.— Under an agreement described in clause (i), the eligible entity shall provide cash resources in an amount that is not less than 50 percent of the fair market value of the agricultural land easement, as determined by the Secretary under subparagraph (A).”.
(2) Evaluation and ranking of applications.— Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended by adding at the end the following:
“(F) Pooling of applications.— The Secretary may evaluate and rank applications submitted by eligible entities for the purchase of agricultural land easements from landowners who are socially disadvantaged farmers or ranchers separately from applications submitted for the purchase of agricultural land easements from other landowners.”.
(3) Agreements with eligible entities.— Section 1265B(b)(4) of the Food Security Act of 1985 (42 U.S.C. 3865b(b)(4)) is amended—
(A) in subparagraph (C)—
(i) by striking clause (iii);
(ii) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively;
(iii) in clause (iii), as so redesignated, by striking the “and” at the end;
(iv) in clause (iv), as so redesignated, by striking the period at the end and inserting “;”; and
(v) by adding at the end the following:
“(v) include a right of enforcement for the Secretary that—
(I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and
(II) does not extend to a right of inspection unless—
(aa)
(AA) the holder of the easement fails to provide monitoring reports in a timely manner; or
(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and
(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection; and
(vi) include a right of the Secretary to require the transfer of the easement to a different eligible entity if the eligible entity that holds the easement ceases to exist or is no longer eligible to participate in the program, as determined by the Secretary.”; and
(B) in subparagraph (D)—
(i) in clause (ii)—
(I) in subclause (I)(ff), by striking “(v)” and inserting “(iv)”; and
(II) in subclause (II), by striking the “and” at the end;
(ii) in subclause (iii), by striking the period at the end and inserting “; and”; and
(iii) by inserting at the end the following:
“(iv) do not conflict with any minimum terms or conditions under subparagraph (C) that may be required.”.
(4) Certification of eligible entities.— Section 1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(5)) is amended—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking “under which the Secretary may” and inserting “, to minimize administrative burdens on the Secretary and recognize the ability of experienced eligible entities to administer easements with minimal oversight by the Secretary, under which the Secretary shall”; and
(ii) in clause (iv), by inserting “, and modify,” after “entity to use”;
(B) in subparagraph (B)—
(i) in clause (ii)—
(I) in subclause (II), by striking “10” and inserting “5”; and
(II) in subclause (III), by striking the “or” at the end;
(ii) in clause (iii)—
(I) in subclause (I), by striking “10” and inserting “5”; and
(II) in subclause (II), by striking the period at the end and inserting “; or”;
(iii) by adding at the end the following:
“(iv) is an eligible entity not described in clause (ii) or (iii) that has—
(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.”; and
(C) in subparagraph (C)—
(i) in the header, by striking “Review and revision” and inserting “Review and revocation”;
(ii) in the header of clause (i) by striking “Review” and inserting “Certified entity review”; and
(iii) by adding at the end the following:
“(iii) Easement review.— The Secretary shall establish and conduct an annual quality review process to—
(I) review a sample set of easements acquired by certified eligible entities;
(II) ensure the integrity of the easement acquisition process under this section;
(III) establish and enforce a process for corrective actions; and
(IV) provide for a waiver of successive easement reviews based on demonstrated compliance.”.
(a) Easements.— Section 1265C(b) of the Food Security Act of 1985 (16 U.S.C. 3865c(b)) is amended—
(1) in paragraph (1)(D), by striking “tribes” and inserting “Tribes and landowners who are socially disadvantaged farmers or ranchers”; and
(2) by inserting after paragraph (3)(C) the following:
“(D) Pooling of applications.— The Secretary may evaluate and rank offers from landowners who are socially disadvantaged farmers or ranchers separately from offers from other landowners.”.
(b) Easement restoration.— Section 1265C(c)(1) of the Food Security Act of 1985 (16 U.S.C. 3865c(c)(1)) is amended by striking “subsection (f)” and inserting “subsection (g)”.
(c) Easement stewardship.— Section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c) is amended—
(1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and
(2) by inserting after subsection (c), the following:
“(d) Easement stewardship.—
(1) In general.— The Secretary shall provide financial assistance to owners of eligible land enrolled under this section for the repair, necessary maintenance, and enhancement activities described in the wetland reserve easement plan developed for the eligible land under subsection (g)(1).
(2) Evaluation of stewardship need.— The Secretary shall—
(A) regularly assess land enrolled under this section to identify maintenance and management needs, including any needed repair or enhancement of existing structural practices, in accordance with the applicable wetland reserve easement plan;
(B) consistent with the purposes of the program, create, execute, and update as necessary based on the assessments carried out under subparagraph (A), a stewardship strategy for—
(i) prioritizing and addressing the needs identified under subparagraph (A); and
(ii) projecting the amount of annual funding needed for financial and technical assistance to address such needs; and
(C) establish a 5-year schedule to address such needs.
(3) Payments.— In carrying out paragraph (1), the Secretary shall make payments in an amount that is not more than 100 percent of the eligible costs, as determined by the Secretary.
(4) Report.— Not later than 2 years after the date of enactment of the Farm, Food, and National Security Act of 2026, 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 report that includes—
(A) an inventory of the existing stewardship needs of all wetland reserve easements, based on the assessments carried out under paragraph (2);
(B) the stewardship strategy created under paragraph (2)(B);
(C) the amounts the Secretary plans to allocate to address such stewardship needs, based on projections made pursuant to paragraph (2)(B)(ii); and
(D) the planned use of compatible uses under subsection (b)(5)(C), contracts or agreements under subsection (e)(2), or wetland reserve easement plans under subsection (g)(1) to ensure that each such stewardship need is addressed.”.
(d) Assistance.— Subsection (e) of section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c), as so redesignated, is amended—
(1) in the header, by striking “Technical assistance” and inserting “Assistance”; and
(2) by amending paragraph (2) to read as follows:
“(2) Contracts or agreements.— The Secretary may enter into 1 or more contracts or agreements with a Federal, State, or local agency, a nongovernmental organization, an Indian Tribe, or a private entity to carry out necessary restoration, enhancement, maintenance, repair, assessment, or monitoring of a wetland reserve easement if the Secretary determines that the contract or agreement will advance the purposes of the program.”.
(e) Wetland reserve enhancement option.— Subsection (f) of section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c), as so redesignated, is amended—
(1) by striking “The Secretary” and inserting the following:
“(1) In general.— The Secretary”; and
(2) by adding at the end the following:
“(2) Funding.— Of the funds made available to carry out this section, the Secretary shall reserve not less than 15 percent to carry out this subsection.”.
(a) Subordination, exchange, modification, and termination.— Section 1265D(c) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)) is amended—
(1) by amending paragraph (2) to read as follows:
“(2) Modification and exchange of interest in land.—
(A) Modification.—
(i) Authority.— The Secretary may approve a modification of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation, under the program if the Secretary determines that the modification—
(I) will support the long-term agricultural viability of the applicable farm or ranch operation and the conservation values of the applicable easement;
(II) will result in equal or increased conservation values;
(III) is consistent with the original intent of the easement;
(IV) is consistent with the purposes of the program; and
(V) is in the public interest or furthers the practical administration of the program, including correcting errors, exercising reserved rights, and increasing flexibility to recognize changes in water availability or administration.
(ii) Limitation.— In modifying an interest in land, or portion of such interest, under this subparagraph, the Secretary may not, except in the case of a modification that includes a change to an easement to add acreage, increase any payment to an eligible entity.
(iii) NEPA compliance.— An action taken pursuant to this subparagraph may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(B) Exchange.—
(i) Authority.— The Secretary may approve an exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation, under the program if the Secretary determines that—
(I) no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and
(II) the exchange—
(aa) results in equal or increased conservation values;
(bb) results in equal or greater economic value to the United States;
(cc) is consistent with the original intent of the easement;
(dd) is consistent with the purposes of the program; and
(ee) is in the public interest or furthers the practical administration of the program.
(ii) Limitation.— In exchanging an interest in land, or portion of such interest, under this subparagraph, the Secretary may not increase any payment to an eligible entity.”; and
(2) by adding at the end the following:
“(6) De minimis adjustments.—
(A) In general.— An eligible entity may make de minimis adjustments to any interest in land, or a portion of such interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation, under the program if the adjustment—
(i) furthers the practical administration of the program; and
(ii) is not a subordination, modification, exchange, or termination, as determined by the Secretary.
(B) Types of de minimis adjustments.— De minimis adjustments made under this paragraph may include title corrections and other minor adjustments, including—
(i) typographical error corrections;
(ii) minor changes in legal descriptions as a result of survey or mapping errors;
(iii) the transfer of an interest of an eligible entity to another eligible entity;
(iv) changes to a building envelope boundary;
(v) relocation of easement access;
(vi) authorization of temporary work areas not associated with other easement administration actions; and
(vii) other adjustments determined appropriate by the Secretary.
(7) Modification of eligible entity terms and conditions.— An eligible entity shall be authorized to modify a term or condition of an agricultural land easement that is the subject of an agreement entered into under section 1265B(b)(4)(A) if such modification does not conflict with any minimum term or condition required by the Secretary under such section.”.
(b) Adjusted gross income.—
(1) Exemption.— Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865D) is amended by adding at the end the following:
“(f) Adjusted gross income exemption.— The adjusted gross income limitation described in section 1001D(b)(1) shall not apply to any payment or other assistance under this subtitle.”.
(2) Calculation.— Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended by adding at the end the following:
“(5) Exception for compensation under ACEP.— For purposes of this subsection, the adjusted gross income of a person or legal entity that is a landowner of eligible land (as defined in section 1265A) shall not include any income received as compensation for the acquisition of an agricultural land easement or a wetland reserve easement on that eligible land under subtitle H of title XII.”.
Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) is amended—
(1) by redesignating subtitle I (16 U.S.C. 3871 et seq.) as subtitle J; and
(2) by inserting after subtitle H (16 U.S.C. 3865 et seq.) the following:
“(a) Establishment.— The Secretary shall establish a forest conservation easement program for the conservation and restoration of eligible land and natural resources through the acquisition of conservation easements or other interests in land.
(b) Purposes.— The purposes of the program are—
(1) to protect the viability and sustainability of working forest land, and related conservation values of eligible land, by limiting the negative effects of nonforest land uses of such land;
(2) to protect and enhance forest ecosystem and landscape functions and values;
(3) to promote the restoration, protection, and improvement of habitat of species that are threatened, endangered, or otherwise at risk; and
(4) to carry out the purposes and functions of the healthy forests reserve program established under title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et seq.), as in effect on the day before the date of enactment of this section.
In this subtitle:
(1) Acreage owned by an Indian Tribe.— The term acreage owned by an Indian Tribe means—
(A) land that is held in trust by the United States for Indian Tribes or individual Indians;
(B) land, the title to which is held by Indian Tribes or individual Indians subject to Federal restrictions against alienation or encumbrance;
(C) land that is subject to rights of use, occupancy, and benefit of certain Indian Tribes;
(D) land that is held in fee title by an Indian Tribe;
(E) land that is owned by a native corporation formed under—
(i) section 17 of the Act of June 18, 1934 (commonly known as the “Indian Reorganization Act”) (25 U.S.C. 5124); or
(ii) section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607); and
(F) a combination of 1 or more types of land described in subparagraphs (A) through (E).
(2) Eligible entity.— The term eligible entity means—
(A) an agency of State or local government or an Indian Tribe (including a land resource council established under State law); or
(B) an organization that is—
(i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986;
(ii) an organization described in section 501(c)(3) of that Code that is exempt from taxation under section 501(a) of that Code; or
(iii) described in—
(I) paragraph (1) or (2) of section 509(a) of that Code; or
(II) section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code.
(3) Eligible land.— The term eligible land means private land or acreage owned by an Indian Tribe—
(A) that is—
(i) forest land; or
(ii) being restored to forest land;
(B) in the case of a forest land easement—
(i) the enrollment of which would protect working forests and related conservation values by conserving land; or
(ii) the protection of which will further a State or local policy consistent with the purposes of the program; and
(C) in the case of a forest reserve easement, the enrollment of which will maintain, restore, enhance, or otherwise measurably—
(i) increase the likelihood of recovery of a species that is listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); or
(ii) improve the well-being of a species that is—
(I) not listed as endangered or threatened under that section; and
(II)
(aa) a candidate for that listing, a State-listed species, or a special concern species; or
(bb) designated as a species of greatest conservation need by a State wildlife action plan.
(4) Forest land easement.— The term forest land easement means an easement or other interest in eligible land that—
(A) is conveyed to an eligible entity for the purpose of protecting natural resources and the forest nature of the eligible land; and
(B) permits the landowner the right to continue working forest production and related uses, consistent with an applicable forest management plan.
(5) Forest management plan.— The term forest management plan means—
(A) a forest stewardship plan described in section 5(f) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103a(f));
(B) another plan approved by the applicable State forester or State forestry agency;
(C) a plan developed under a third-party certification system determined appropriate by the Secretary; or
(D) another plan determined appropriate by the Secretary.
(6) Forest reserve easement.— The term forest reserve easement means an easement or other interest in eligible land that—
(A) is conveyed to the Secretary for the purpose of protecting natural resources and the forest nature of the eligible land; and
(B) permits the landowner the right to continue working forest production and related uses consistent with the applicable forest reserve easement plan developed under section 1267C(c)(1)(A).
(7) Program.— The term program means the forest conservation easement program established under this subtitle.
(8) Socially disadvantaged forest landowner.— The term socially disadvantaged forest landowner means a forest landowner who is a member of a socially disadvantaged group (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))).
(a) Availability of assistance.— The Secretary shall facilitate and provide funding for—
(1) the purchase by eligible entities of forest land easements on eligible land;
(2) the development of a forest management plan; and
(3) technical assistance to implement this section.
(b) Cost-Share assistance.—
(1) In general.— The Secretary shall protect working forests, and related conservation values of eligible land, through cost-share assistance to eligible entities for purchasing forest land easements.
(2) Scope of assistance available.—
(A) Federal share.—
(i) In general.— Except as provided in clause (ii), an agreement described in paragraph (4) shall provide for a Federal share of 50 percent of the fair market value of the forest land easement, as determined by the Secretary.
(ii) Exception.— An agreement described in paragraph (4) may provide for a Federal share of not more than 75 percent of the fair market value of a forest land easement in the case of eligible land that is—
(I) a forest of special environmental significance, as determined by the Secretary; or
(II) owned by a socially disadvantaged forest landowner.
(B) Non-Federal share.—
(i) In general.— Under an agreement described in paragraph (4), the eligible entity shall provide a non-Federal share that is equivalent to the remainder of the fair market value of the forest land easement not provided by the Secretary under subparagraph (A).
(ii) Permissible forms.— The non-Federal share provided by an eligible entity under this paragraph may comprise—
(I) cash resources;
(II) a charitable donation or qualified conservation contribution (as defined in section 170(h) of the Internal Revenue Code of 1986) from the private forest landowner from which the forest land easement will be purchased;
(III) costs associated with securing a deed to the forest land easement, including the cost of appraisal, survey, inspection, and title; and
(IV) other costs, as determined by the Secretary.
(C) Determination of fair market value.— For purposes of this paragraph, the Secretary shall determine the fair market value of a forest land easement using—
(i) the Uniform Standards of Professional Appraisal Practice;
(ii) an areawide market analysis or survey; or
(iii) another industry-approved method.
(3) Evaluation and ranking of applications.—
(A) Criteria.— The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program.
(B) Priority.— In evaluating applications under the program, the Secretary shall give priority to an application for the purchase of a forest land easement—
(i) that maintains the viability of a working forest, as determined by the Secretary; and
(ii) on eligible land for which a forest management plan has been developed at the time of application.
(C) Considerations.— In establishing the criteria under subparagraph (A), the Secretary shall emphasize support for—
(i) protecting working forests and related conservation values of eligible land;
(ii) reducing fragmentation of forest land; and
(iii) maximizing the areas protected from conversion to nonforest uses.
(4) Agreements with eligible entities.—
(A) In general.— The Secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section.
(B) Length of agreements.— An agreement under subparagraph (A) shall be for a term that is not less than 3, but not more than 5, years, unless the Secretary determines that a longer term is justified.
(C) Minimum terms and conditions.— An eligible entity shall be authorized to use its own terms and conditions for forest land easements so long as the Secretary determines such terms and conditions—
(i) are consistent with—
(I) the purposes of the program; and
(II) the forestry activities to be conducted on the eligible land;
(ii) permit effective enforcement of the conservation purposes of the forest land easements;
(iii) include a requirement to implement a forest management plan on eligible land subject to a forest land easement;
(iv) include a limit on the impervious surfaces to be allowed that is consistent with the forestry activities to be conducted; and
(v) include a right of enforcement for the Secretary that—
(I) may be used only if the terms and conditions of the forest land easement are not enforced by the eligible entity; and
(II) does not extend to a right of inspection unless—
(aa)
(AA) the holder of the forest land easement fails to provide monitoring reports in a timely manner; or
(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the forest land easement have been violated; and
(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection.
(D) Additional permitted terms and conditions.— An eligible entity may include terms and conditions for a forest land easement that—
(i) are intended to keep the eligible land subject to the forest land easement in active forest management, as determined by the Secretary;
(ii) allow subsurface mineral development on the eligible land subject to the forest land easement and in accordance with applicable State law if, as determined by the Secretary—
(I) the subsurface mineral development—
(aa) has a limited and localized impact;
(bb) does not harm the forest use and conservation values of the eligible land subject to the forest land easement;
(cc) does not materially alter or affect the existing topography;
(dd) complies with a subsurface mineral development plan that—
(AA) includes a plan for the remediation of impacts to the forest use and conservation values of the eligible land subject to the forest land easement; and
(BB) is approved by the Secretary prior to the initiation of mineral development activity;
(ee) is not accomplished by any surface mining method;
(ff) is within the impervious surface limits of the forest land easement under subparagraph (C)(iv); and
(gg) uses practices and technologies that minimize the duration and intensity of impacts to the forest use and conservation values of the eligible land subject to the forest land easement; and
(II) each area impacted by the subsurface mineral development is reclaimed and restored by the holder of the mineral rights at cessation of operation; and
(iii) include other relevant activities relating to the forest land easement, as determined by the Secretary.
(E) Substitution of qualified projects.— An agreement under subparagraph (A) shall allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of the proposed substitution.
(F) Effect of violation.— If a violation of a term or condition of an agreement under subparagraph (A) occurs—
(i) the Secretary may terminate the agreement; and
(ii) the Secretary may require the eligible entity to refund all or part of any payments received by the eligible entity under the program, with interest on the payments as determined appropriate by the Secretary.
(5) Forest management plan.—
(A) In general.— If the eligible land does not have a forest management plan at the time of application, prior to the acquisition of the forest land easement the landowner shall develop, in partnership with the eligible entity, a forest management plan for the land subject to the forest land easement.
(B) Reimbursement.— The Secretary may reimburse the landowner for the cost of the development of a forest management plan for eligible land enrolled under this section.
(c) Method of enrollment.— The Secretary shall enroll eligible land under this section through the use of—
(1) permanent easements; or
(2) easements for the maximum duration allowed under applicable State laws.
(d) Technical assistance.— The Secretary may provide technical assistance, on request, to assist in compliance with the terms and conditions of forest land easements.
(a) Availability of assistance.— The Secretary shall provide assistance to owners of eligible land to restore, protect, and enhance eligible land through—
(1) forest reserve easements and related forest reserve easement plans; and
(2) technical assistance to implement this section.
(b) Easements.—
(1) Method of enrollment.—
(A) Authorized methods.— The Secretary shall enroll eligible land under this section—
(i) through the use of—
(I) permanent easements;
(II) 30-year easements; and
(III) easements for the maximum duration allowed under applicable State laws; and
(ii) in the case of acreage owned by an Indian Tribe, through the use of—
(I) 30-year contracts (the compensation for which shall be equivalent to the compensation for 30-year easements); or
(II) permanent easements.
(B) Limitation.— Not more than 10 percent of amounts made available to carry out this section in a fiscal year may be used for 30-year easements under this section.
(2) Evaluation and ranking of offers.—
(A) Criteria.— The Secretary shall establish evaluation and ranking criteria for offers from landowners under this section.
(B) Priority.— The Secretary shall give priority to the enrollment of eligible land under this section that provides the greatest conservation benefit to—
(i) primarily, species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and
(ii) secondarily, species that are—
(I) not listed as endangered or threatened under that section; and
(II)
(aa) candidates for that listing, State-listed species, or special concern species; or
(bb) designated as species of greatest conservation need by a State wildlife action plan.
(C) Other considerations.— The Secretary may give additional consideration to eligible land the enrollment under this section of which will—
(i) improve biological diversity;
(ii) restore native forest ecosystems;
(iii) conserve forest land that provides habitat for species described in subparagraph (B);
(iv) reduce fragmentation of forest land; and
(v) increase carbon sequestration.
(3) Terms and conditions of easements.—
(A) In general.— A forest reserve easement shall include terms and conditions that—
(i) are consistent with the purposes of the program and the forestry activities to be conducted on the eligible land;
(ii) are consistent with the management objectives of the owner of the eligible land and the implementation of the forest reserve easement plan developed under subsection (c)(1)(A);
(iii) permit effective enforcement of the conservation purposes of the forest reserve easements;
(iv) provide for the efficient and effective establishment or enhancement of forest ecosystem functions and values; and
(v) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration of the program.
(B) Requested terms and conditions.— An owner of eligible land may request that a term or condition be included in a forest reserve easement, and the Secretary may include such term or condition, if it—
(i) is consistent with the management objectives of the owner of the eligible land and the implementation of the forest reserve easement plan developed under subsection (c)(1)(A); and
(ii) does not conflict with any terms or conditions included under subparagraph (A).
(4) Compensation.—
(A) Permanent easements.— In the case of eligible land enrolled in a permanent easement under this section, the Secretary shall pay the owner of the eligible land an amount equal to the difference between, as determined by the Secretary—
(i) the fair market value of the eligible land before the enrollment in the permanent easement; and
(ii) the fair market value of the eligible land as encumbered by the permanent easement.
(B) Other.— The Secretary shall pay the owner of eligible land enrolled under this section in a 30-year contract, a 30-year easement, or an easement for the maximum duration allowed under applicable State laws, not less than 50 percent, and not more than 75 percent, of the compensation that would be paid under subparagraph (A) if the land were being enrolled in a permanent easement.
(C) Determination of fair market value.— The Secretary shall determine the fair market value of eligible land for purposes of this paragraph using the Uniform Standards of Professional Appraisal Practice or another industry-approved method.
(c) Easement restoration and management.—
(1) Forest reserve easement plan.—
(A) In general.— Land enrolled in a forest reserve easement shall be subject to a forest reserve easement plan, to be developed jointly by the landowner and the Secretary, that describes such activities to be carried out on the land as are necessary to restore, maintain, and enhance habitat for species described in subsection (b)(2)(B).
(B) Practices and measures.— A forest reserve easement plan developed under subparagraph (A) shall require implementation of such practices and measures as are necessary to accomplish the activities described in the plan under such subparagraph, which may include—
(i) vegetative management and silviculture practices;
(ii) structural practices and measures;
(iii) practices to increase carbon sequestration;
(iv) practices to improve biological diversity; and
(v) other practices and measures, as determined by the Secretary.
(2) Financial assistance.—
(A) In general.— The Secretary shall provide financial assistance to owners of eligible land to carry out the activities, practices, and measures described in the forest reserve easement plan developed for the eligible land under paragraph (1).
(B) Payments.— With respect to financial assistance provided under subparagraph (A), the Secretary shall pay—
(i) in the case of a forest reserve easement plan for eligible land enrolled in a permanent easement, an amount that is not more than 100 percent of the eligible costs described in subparagraph (C), as determined by the Secretary; and
(ii) in the case of a forest reserve easement plan for eligible land enrolled in a 30-year contract, a 30-year easement, or an easement for the maximum duration allowed under applicable State laws, an amount that is not less than 50 percent, and not more than 75 percent, of the eligible costs described in subparagraph (C), as determined by the Secretary.
(C) Eligible costs.— Costs eligible for payments under this paragraph are the costs of activities, practices, and measures referred to in subparagraph (A) that are associated with the restoration or enhancement of the habitat conditions specified for the applicable species in the forest reserve easement plan.
(D) Timing of payments.— Payments under this paragraph shall be made—
(i) only on a determination by the Secretary that an activity, practice, or measure described in subparagraph (C) has been established in compliance with appropriate standards and specifications, which determination shall be made as soon as practicable after establishment; and
(ii) as soon as possible after such determination is made.
(E) Limitations.— Financial assistance provided by the Secretary under this paragraph to an owner of eligible land may not exceed $500,000 per easement or contract.
(d) Technical assistance.—
(1) In general.— The Secretary shall provide to owners of eligible land technical assistance to assist the owners in—
(A) developing a forest reserve easement plan; and
(B) complying with the terms and conditions of a forest reserve easement, including the implementation of a forest reserve easement plan.
(2) Contracts or agreements.— The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to provide technical assistance described in paragraph (1), if the Secretary determines that the contract or agreement will advance the purposes of the program.
(e) Protections and measures.—
(1) Protections.— In the case of a landowner who enrolls eligible land in a forest reserve easement, and whose conservation activities under the forest reserve easement plan developed for such land result in a net conservation benefit for a species described in subsection (b)(2)(B), the Secretary shall make available to the landowner safe harbor or similar assurances and protection under—
(A) section 7(b)(4) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(4)); or
(B) section 10(a)(1) of that Act (16 U.S.C. 1539(a)(1)).
(2) Measures.— If protection under paragraph (1) requires the taking of measures that are in addition to the measures covered by the forest reserve easement plan developed for the eligible land, the cost of the additional measures, and the cost of any permit, shall be considered costs eligible for payments under subsection (c)(2).
(f) Administration.—
(1) Delegation of easement administration.—
(A) Federal and State agencies.— The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this section to other Federal or State agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities.
(B) Conservation organizations.— The Secretary may delegate any of the management responsibilities of the Secretary under this section to a nonprofit conservation organization if the Secretary determines the organization has the appropriate expertise and resources necessary to carry out those delegated responsibilities.
(2) Involvement by other agencies and organizations.— In carrying out this section, the Secretary may consult with—
(A) private forest landowners;
(B) other Federal agencies;
(C) State forestry agencies;
(D) State fish and wildlife agencies;
(E) State environmental quality agencies;
(F) other State conservation agencies; and
(G) nonprofit conservation organizations.
(a) Ineligible land.— The Secretary shall not use amounts made available to carry out the program for the purposes of acquiring an easement on—
(1) land owned by a Federal agency, other than such land that is acreage owned by an Indian Tribe;
(2) land owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government;
(3) land subject to an easement or deed restriction that, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; or
(4) land the enrollment in the program of which would undermine the purposes of the program due to on-site or off-site conditions, such as risk of hazardous substances, permitted or existing rights of way, infrastructure development, or adjacent land uses.
(b) Subordination, exchange, modification, and termination.—
(1) Subordination.— The Secretary may subordinate any interest in eligible land, or portion of such an interest, administered by the Secretary (including for the purposes of utilities and energy transmission services) directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that the subordination—
(A) increases conservation values or has a limited negative effect on conservation values;
(B) minimally affects the acreage subject to the interest in eligible land; and
(C) is in the public interest or furthers the practical administration of the program.
(2) Modification and exchange of interest in land.—
(A) Modification.—
(i) Authority.— The Secretary may approve a modification of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation, under the program if the Secretary determines that the modification—
(I) will support the viability and sustainability of working forests and the conservation values of the applicable easement;
(II) will result in equal or increased conservation values;
(III) is consistent with the original intent of the easement;
(IV) is consistent with the purposes of the program; and
(V) is in the public interest or furthers the practical administration of the program, including correcting errors and exercising reserved rights.
(ii) Limitation.— In modifying an interest in land, or portion of such interest, under this subparagraph, the Secretary may not, except in the case of a modification that includes a change to an easement to add acreage, increase any payment to an eligible entity.
(B) Exchange.—
(i) Authority.— The Secretary may approve an exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation, under the program if the Secretary determines that—
(I) no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and
(II) the exchange—
(aa) results in equal or increased conservation values;
(bb) results in equal or greater economic value to the United States;
(cc) is consistent with the original intent of the easement;
(dd) is consistent with the purposes of the program; and
(ee) is in the public interest or furthers the practical administration of the program.
(ii) Limitation.— In exchanging an interest in land, or portion of such interest, under this subparagraph, the Secretary may not increase any payment to an eligible entity.
(3) Termination.— The Secretary may approve a termination of any interest in eligible land, or portion of such an interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
(A) termination is in the interest of the Federal Government;
(B) the United States will be fully compensated for—
(i) the value of the interest in the land, as determined by the Secretary;
(ii) any costs relating to the termination; and
(iii) any damages determined appropriate by the Secretary; and
(C) the termination will—
(i) address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and
(ii) further the practical administration of the program.
(4) Consent.— The Secretary shall obtain consent from the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of an interest in eligible land, or portion of such an interest, under this subsection.
(5) Notice.— Not fewer than 90 days before taking any termination action described in paragraph (3), the Secretary shall provide written notice of that action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(c) Land enrolled in other programs.— In accordance with the provisions of section 2702 of the Farm, Food, and National Security Act of 2026, land enrolled in the healthy forests reserve program established under title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et seq.) on the day before the date of enactment of this section shall be considered enrolled in the program.”.
(a) Repeal.—
(1) In general.— Title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et seq.) is repealed.
(2) Conforming amendment.— The table of contents in section 1(b) of the Healthy Forests Restoration Act of 2003 (Public Law 108–148; 117 Stat. 1887) is amended by striking the items relating to title V.
(b) Transitional provisions.—
(1) Effect on existing contracts, agreements, and easements.— The repeal made by subsection (a) shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary under title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et seq.) before the date of enactment of this Act, or any payments or technical assistance required to be made in connection with the contract, agreement, or easement.
(2) Funding.—
(A) Use of prior year funds.— Notwithstanding the repeal made by subsection (a), any funds made available from the Commodity Credit Corporation to carry out the healthy forests reserve program established under title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et seq.) (as in effect on the day before the date of enactment of this Act) for any of fiscal years 2019 through 2025 shall be made available to carry out contracts, agreements, or easements referred to in paragraph (1), subject to the condition that no such contract, agreement, or easement may be modified so as to increase the amount of any payment received.
(B) Other.— The Secretary may use funds made available to carry out the forest conservation easement program established under subtitle I of the Food Security Act of 1985 to continue to carry out contracts, agreements, or easements referred to in paragraph (1) using the provisions of law (including regulations) applicable to those contracts, agreements, and easements as in existence on the day before the date of enactment of this Act.
Section 1271(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3871(b)(2)) is amended to read as follows:
“(2) To address natural resource concerns on eligible land on a regional or watershed scale, including through—
(A) the conservation, protection, restoration, and sustainable use of soil;
(B) the conservation and protection of water, including sources of drinking water and groundwater;
(C) the prevention and mitigation of the effects of flooding and drought, and the improvement or expansion of flood resiliency; and
(D) the conservation of wildlife, agricultural land, and related natural resources.”.
Section 1271A(1) of the Food Security Act of 1985 (16 U.S.C. 3871a(1)) is amended by striking subparagraph (D) and inserting the following:
“(D) The forest conservation easement program established under subtitle I.”.
(a) Partnership agreements authorized.— Section 1271B(a) of the Food Security Act of 1985 (16 U.S.C. 3871b(a)) is amended to read as follows:
“(a) Partnership agreements authorized.—
(1) In general.— The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land.
(2) Streamlining required.— The Secretary shall ensure that a partnership agreement under paragraph (1)—
(A) is entered into not later than 180 days after the date on which an application is selected under subsection (e); and
(B) contains only—
(i) the information, described under subsection (e)(3), necessary to fund and initiate the project to be implemented under the partnership agreement; and
(ii) any adjustments to the requirements of a covered program determined necessary by the Secretary under paragraph (2) of section 1271E(f), and any waiver provided under paragraph (3) of such section.
(3) Process for requesting waivers and adjustments.— The Secretary shall make available information on the process for requesting a waiver or an adjustment to the requirements of a covered program pursuant to section 1271E(f).”.
(b) Duties of Secretary.— Section 1271B(d) of the Food Security Act of 1985 (16 U.S.C. 3871b(d)) is amended—
(1) in paragraph (4)(B), by striking “how the Secretary used amounts reserved by the Secretary for that year for technical assistance under section 1271D(f); and” and inserting “the use of funds for technical assistance under section 1271D(c);”;
(2) in paragraph (5), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following:
“(6) ensure payments to eligible partners under a partnership agreement are made not later than 30 days after the date on which the eligible partner submits to the Secretary a request for payment.”.
(c) Applications.— Section 1271B(e)(3) of the Food Security Act of 1985 (16 U.S.C. 3871b(e)(3)) is amended—
(1) in subparagraph (D), by striking “and” at the end;
(2) by redesignating subparagraph (E) as subparagraph (F); and
(3) by inserting after subparagraph (D) the following:
“(E) any requests by an eligible partner for a waiver or an adjustment to the requirements of a covered program pursuant to section 1271E(f); and”.
Section 1271C(d)(3) of the Food Security Act of 1985 (16 U.S.C. 3871c(d)(3)) is amended—
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) in subparagraph (A)(iv), by striking the “and” at the end; and
(3) by inserting after subparagraph (A)(iv) the following:
“(B) provide, under section 1271B(c)(2), not less than 50 percent of the overall costs of the scope of the project that is the subject of a partnership agreement funded pursuant to paragraph (1) in direct funding; and”.
(a) Allocation of funding.— Section 1271D of the Food Security Act of 1985 (16 U.S.C. 3871d) is amended—
(1) by striking subsections (a) and (b);
(2) by redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; and
(3) in subsection (a), as so redesignated, by striking “subsection (a)” and inserting “section 1241(a)(6)”.
(b) Limitation on administrative expenses.— Subsection (b) of section 1271D of the Food Security Act of 1985 (16 U.S.C. 3871d), as so redesignated, is amended to read as follows:
“(b) Limitation on administrative expenses.—
(1) In general.— Of the funds made available to implement a project under a partnership agreement, the Secretary may use not more than ten percent to reimburse the eligible partner for administrative expenses relating to the project.
(2) Consideration.— Any amounts expended by an eligible partner for administrative expenses that are not reimbursed under paragraph (1) may be considered to be a part of the contribution of the eligible partner under section 1271B(c)(2).”.
(c) Technical assistance.— Subsection (c) of section 1271D of the Food Security Act of 1985 (16 U.S.C. 3871d), as so redesignated, is amended to read as follows:
“(c) Technical assistance.—
(1) In general.— The Secretary shall, through a partnership agreement, identify—
(A) the total amount of funds that will be used for technical assistance; and
(B) the share of such funds that will be provided to eligible partners under paragraph (2).
(2) Provision of assistance.—
(A) Reimbursement.— Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 1271C(d), the Secretary may reimburse eligible partners for the costs of technical assistance provided through such partnership agreement, including—
(i) the costs of technical assistance needed to facilitate the maximum conservation benefit of the applicable project;
(ii) the costs of providing outreach and education to producers for potential participation in the applicable project;
(iii) the costs of establishing baseline metrics to support the development of the assessment required under section 1271B(c)(1)(E); and
(iv) other costs necessary to support the implementation of eligible activities, as determined by the Secretary.
(B) Advancement of funds.— The Secretary may advance to eligible partners reasonable amounts of funds for costs that may be reimbursed under subparagraph (A), as determined by the Secretary.
(3) Limitation.— The Secretary shall limit costs of the Secretary for technical assistance to costs necessary to carry out the objectives of the program.
(4) Reduction of administrative barriers.— The Secretary shall provide a single, simplified process for reimbursements or advancements to eligible partners for the costs of technical assistance under this subsection.
(5) 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.”.
(a) Reporting.— Section 1271E(b) of the Food Security Act of 1985 (16 U.S.C. 3871e(b)) is amended in the matter preceding paragraph (1) by inserting “make publicly available and” after “the Secretary shall”.
(b) Consistency with covered program rules.— Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) is amended by adding at the end the following:
“(f) Consistency with covered program requirements.—
(1) In general.— Except as provided in this subsection, the Secretary shall ensure that the terms and conditions of a program contract are consistent with the requirements of the applicable covered program to be used as part of the applicable partnership agreement.
(2) Adjustments.—
(A) In general.— The Secretary may, if the Secretary determines necessary, adjust a regulatory requirement of a covered program to be used as a part of a partnership agreement, or related guidance, as it applies to an eligible activity carried out under a program contract entered into pursuant to the partnership agreement—
(i) to provide a simplified process; or
(ii) to better reflect unique local circumstances.
(B) Limitation.— The Secretary shall not adjust the application of statutory requirements for a covered program to be used as a part of a partnership agreement, including requirements governing appeals, payment limits, and conservation compliance.
(3) Waiver.— With respect to a program contract for an eligible activity under the agricultural conservation easement program, the Secretary may, in the applicable partnership agreement, waive the application of clauses (ii) or (iii)(III) of section 1265A(4)(A) for purposes of determining the eligibility of land.
(4) Certification applicability.— With respect to a partnership agreement entered into for acquisition of easements, the Secretary shall apply the authorities applicable to the eligible partner under section 1265B(b)(5)(A) if the eligible partner is an eligible entity certified under such section.
(5) Exemption.— With respect to a program contract that includes an eligible activity under the environmental quality incentives program to be installed and maintained in a State in which irrigation has not been used significantly for agricultural purposes, as determined by the Secretary, the Secretary may not consider prior irrigation history when determining the eligibility of land.
(6) Application.— Paragraph (1) shall not apply to partnership agreements funded pursuant to section 1271C(d).”.
(a) Definitions.— Section 1271F(a)(2)(C) of the Food Security Act of 1985 (16 U.S.C. 3871f(a)(2)(C)) is amended by inserting “, including restoration and enhancement of wildlife habitat connectivity and wildlife migration corridors” before the semicolon at the end.
(b) Applications.— Section 1271F(b) of the Food Security Act of 1985 (16 U.S.C. 3871f(b)) is amended by striking “funds under section 1271D(d)(2)” and inserting “funds allocated under section 1271D(a)(2)”.
(c) Inclusion of Columbia Basin project area.— The Secretary shall include in the Wester Waters Region Critical Conservation Area designated under section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) the project area of the Columbia Basin project authorized by the first section of the Act of May 27, 1937 (chapter 269, 50 Stat. 208; 57 Stat. 14).