16 U.S.C. § 3839aa: Establishment and administration

During each of the 2002 through 2031 fiscal years, the Secretary shall provide payments to producers that enter into contracts with the Secretary under the program. A contract under the program may apply to the performance of one or more practices. A contract under the program shall have a term that does not exceed 10 years. If the Secretary determines that the environmental values of two or more applications for payments are comparable, the Secretary shall not assign a higher priority to the application only because it would present the least cost to the program. Payments are provided to a producer to implement one or more practices under the program. 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; 100 percent of income foregone by the producer; or 75 percent of the costs incurred for those elements covered under subparagraph (A); and 100 percent of income foregone for those elements covered under subparagraph (B). soil health; water quality and quantity improvement; nutrient management; pest management; air quality improvement; wildlife habitat development, including pollinator habitat; or invasive species management. to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and to not less than 25 percent above the otherwise applicable rate. On an election by a producer described in subparagraph (A), the Secretary shall provide at least 50 percent of the amount determined under subparagraph (A) in advance for all costs related to purchasing materials or contracting. If funds provided in advance are not expended during the 90-day period beginning on the date of receipt of the funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary. notify each producer described in subparagraph (A), at the time of enrollment in the program, of the option to receive advance payments under clause (i); and document the election of each producer described in subparagraph (A) to receive advance payments under clause (i) with respect to each practice that has costs described in that clause. Except as provided in paragraph (6), any payments received by a producer from a State or private organization or person for the implementation of one or more practices on eligible land of the producer shall be in addition to the payments provided to the producer under this subsection. A producer shall not be eligible for payments for practices on eligible land under the program if the producer receives payments or other benefits for the same practice on the same land under another program under this subchapter. addresses specific causes of impairment relating to excessive nutrients in groundwater or surface water; addresses the conservation of water to advance drought mitigation and declining aquifers; meets other environmental priorities and other priority resource concerns identified in habitat or other area restoration plans; or is geographically targeted to address a natural resource concern in a specific watershed. Notwithstanding paragraph (2), in the case of a practice designated under subparagraph (A), 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 planning, design, materials, equipment, installation, labor, management, maintenance, or training. the producer agrees to the modification or termination; and the Secretary determines that the modification or termination is in the public interest. The Secretary may terminate a contract under the program if the Secretary determines that the producer violated the contract. For each of fiscal years 2019 through 2023, at least 50 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production, including grazing management practices. For each of fiscal years 2014 through 2018, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g). For each of fiscal years 2019 through 2031, at least 10 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g). upland wildlife habitat; wetland wildlife habitat; habitat for threatened and endangered species; fish habitat; habitat on pivot corners and other irregular areas of a field; and other types of wildlife habitat, as determined by the Secretary. In determining the practices eligible for payment under paragraph (1) and targeted for funding under subsection (f), the Secretary shall consult with the relevant State technical committee not less often than once each year. In the case of a contract under the program entered into solely for the establishment of 1 or more annual management practices for the benefit of wildlife as described in paragraph (1), notwithstanding any maximum contract term established by the Secretary, the contract shall have a term that does not exceed 10 years. a practice to carry out postharvest flooding; or a practice to maintain the hydrology of temporary and seasonal wetlands of not more than 2 acres to maintain waterfowl and migratory bird habitat on working cropland. water conservation scheduling, water distribution efficiency, soil moisture monitoring, or an appropriate combination thereof; irrigation-related structural or other measures that conserve surface water or groundwater, including managed aquifer recovery practices; or a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation. Notwithstanding section 1308(f)(6) of title 7 , the Secretary may enter into a contract under this subsection with a State, irrigation district, groundwater management district, acequia, land-grant mercedes, or similar entity under a streamlined contracting process to implement water conservation or irrigation practices under a watershed-wide project that will effectively conserve water, provide fish and wildlife habitat, or provide for drought-related environmental mitigation, as determined by the Secretary. eligible land of a producer; or under the control of an irrigation district, groundwater management district, acequia, land-grant mercedes, or similar entity; and adjacent to eligible land described in clause (i), as determined by the Secretary. The Secretary may waive the applicability of the limitations in section 1308–3a(b) of title 7 or section 3839aa–7 of this title for a payment made under a contract entered into under this paragraph if the Secretary determines that the waiver is necessary to fulfill the objectives of the project. If the Secretary grants a waiver under subparagraph (C), the Secretary may impose a separate payment limitation for the contract with respect to which the waiver applies. consistent with the law of the State in which the land on which the practices will be implemented is located, there is a reduction in water use in the operation on that land; or except in the case of an application under paragraph (2), the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated production, unless the producer is participating in a watershed-wide project that will effectively conserve water, as determined by the Secretary. Nothing in this subsection authorizes the Secretary to modify the process for determining the annual allocation of funding to States under the program. to organic production; and to the transition to organic production. to develop and carry out an organic system plan; or to develop and implement conservation practices for certified organic production that are consistent with an organic system plan and the purposes of this subpart. $20,000 per year; or $80,000 during any 6-year period; and during the period of fiscal years 2019 through 2023, $140,000. In applying the limitations under subparagraph (A), the Secretary shall not take into account payments received for technical assistance. Payments may not be made under this subsection to cover the costs associated with organic certification that are eligible for cost-share payments under section 6523 of title 7 . is not pursuing organic certification; or is not in compliance with the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq). The Secretary, in consultation with the applicable State technical committee established under section 3861(a) of this title , shall identify watersheds (or other appropriate regions or areas within a State) and the corresponding priority resource concerns for those watersheds or other regions or areas that are eligible to be the subject of an incentive contract under this subsection. For each of the relevant land uses within the watersheds, regions, or other areas identified under subparagraph (A), the Secretary shall identify not more than 3 eligible priority resource concerns. The Secretary shall enter into contracts with producers under this subsection that require the implementation, adoption, management, and maintenance of incentive practices that effectively address at least 1 eligible priority resource concern identified under paragraph (1) for the term of the contract. funding, through annual payments, for certain incentive practices to attain increased levels of conservation on eligible land; or assistance, through a practice payment, to implement an incentive practice. A contract under this subsection shall have a term of not less than 5, and not more than 10, years. give priority to applications that address eligible priority resource concerns identified under paragraph (1); and evaluate applications relative to other applications for similar agriculture and forest operations. adopting and installing incentive practices; and managing, maintaining, and improving the incentive practices for the duration of the contract, as determined appropriate by the Secretary. the level and extent of the incentive practice to be installed, adopted, completed, maintained, managed, or improved; the cost of the installation, adoption, completion, management, maintenance, or improvement of the incentive practice; increased economic risk; loss in revenue due to anticipated reductions in yield; and economic losses during transition to a resource-conserving cropping system or resource-conserving land use; and the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the incentive practice. in the case of annual payments under paragraph (2)(A)(ii)(I), make those payments as soon as practicable after October 1 of each fiscal year for which increased levels of conservation are maintained during the term of the contract; and in the case of practice payments under paragraph (2)(A)(ii)(II), make those payments as soon as practicable on the implementation of an incentive practice.