16 U.S.C. § 3844: Administrative requirements for conservation programs

to foster new farming and ranching opportunities; and to enhance long-term environmental goals. Beginning farmers or ranchers. Socially disadvantaged farmers or ranchers. Limited resource farmers or ranchers. Indian tribes. Veteran farmers or ranchers (as defined in section 2279(e) 1 of title 7). 1 See References in Text note below. shall not be considered to be public information; and shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture. provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources conservation program administered by the Natural Resources Conservation Service or the Farm Service Agency; and that is proprietary (within the meaning of section 552(b)(4) of title 5 ) to the agricultural operation or land that is a part of an agricultural operation of the owner, operator, or producer. Nothing in this section affects the availability of payment information (including payment amounts and the names and addresses of recipients of payments) under section 552 of title 5 . The Secretary may release or disclose to the Attorney General information covered by paragraph (1) to the extent necessary to enforce the natural resources conservation programs referred to in paragraph (1)(B)(i). The Secretary may release or disclose information covered by paragraph (1) to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in providing technical and financial assistance described in paragraph (1)(B)(i) or collecting information from data gathering sites. in providing the requested technical or financial assistance; or in collecting information from data gathering sites. individual owner, operator, or producer; or specific data gathering site. An owner, operator, or producer may consent to the disclosure of information described in paragraph (1). The participation of the owner, operator, or producer in, and the receipt of any benefit by the owner, operator, or producer under, this chapter or any other program administered by the Secretary may not be conditioned on the owner, operator, or producer providing consent under this paragraph. Section 2276(c) of title 7 shall apply with respect to the release of information collected in any manner or for any purpose prohibited by this subsection. affects any procedure for data collection or disclosure through the National Resources Inventory; or limits the authority of Congress or the Government Accountability Office to review information collected or disclosed under this subsection. highly erodible land conservation under subchapter II; and the conservation reserve program established under subpart B of part I of subchapter IV; the agricultural conservation easement program established under subchapter VII; and the environmental quality incentives program established under subpart A of part IV of subchapter IV. Except for a person who is a tenant on land that is subject to a conservation reserve contract that has been extended by the Secretary, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the programs established under subchapters II through IV, VII, and VIII. In the preparation and application of a conservation compliance plan under subchapter II or similar plan required as a condition for assistance from the Department of Agriculture, the Secretary shall permit persons to secure technical assistance from approved sources, as determined by the Secretary, other than the Natural Resources Conservation Service. If the Secretary rejects a technical determination made by such a source, the basis of the Secretary’s determination must be supported by documented evidence. The Secretary shall not enroll more than 25 percent of the cropland in any county in the conservation reserve program established under subpart B of part I of subchapter IV and wetland reserve easements under section 3865c of this title . Not more than 15 percent of the cropland in a county may be subject to a wetland reserve easement under section 3865c of this title . the action would not adversely affect the local economy of a county; and operators in the county are having difficulties complying with conservation plans implemented under section 3812 of this title . The Secretary may grant a waiver to exclude acreage enrolled under section 3831a of this title from the limitations in paragraph (1)(A) with the concurrence of the county government of the county involved. The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart B of part I of subchapter IV that is used for the establishment of shelterbelts and windbreaks. For the purposes of enrolling land in a wetland reserve easement under section 3865c of this title , the limitations established under paragraph (1) shall not apply to cropland designated by the Secretary with subclass w in the land capability classes IV through VIII because of severe use limitations due to soil saturation or inundation. In calculating the percentages described in paragraph (1), the Secretary shall include any acreage that was included in calculations of percentages made under such paragraph, as in effect on the day before December 20, 2018 , and that remains enrolled when the calculation is made after that date under paragraph (1). to monitor compliance with program requirements; to measure program performance; to demonstrate whether the long-term conservation benefits of the program are being achieved; to track participation by crop and livestock types; and to coordinate activities described in this subsection with the national conservation program authorized under section 2004 of this title . the development of habitat for native and managed pollinators; and the use of conservation practices that benefit native and managed pollinators, including, to the extent practicable, practices that maximize benefits for honey bees. In carrying out each conservation program under this chapter, the Secretary shall ensure that the application process used by producers and landowners is streamlined to minimize complexity and eliminate redundancy. The Secretary shall carry out a review of the application forms and processes for each conservation program covered by this subsection. all required application information is essential for the efficient, effective, and accountable implementation of conservation programs; conservation program applicants are not required to provide information that is readily available to the Secretary through existing information systems of the Department of Agriculture; information provided by the applicant is managed and delivered efficiently for use in all stages of the application process, or for multiple applications; and information technology is used effectively to minimize data and information input requirements. Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall submit to Congress a written notification of completion of the requirements of this subsection. review the estimates for practice costs and rates of payments made to producers for practices on eligible land under this chapter; and encourages participation in a conservation program administered by the Secretary; encourages implementation of the most effective practices to address local natural resource concerns on eligible land; and accounts for regional, State, and local variability relating to the complexity, implementation, and adoption of practices on eligible land. issue guidance to States to annually review and adjust the estimates for practice costs and rates of payments made to producers to reflect the evaluation factors described in paragraph (1)(B); and annually reviewing each conservation program payment schedule and payment rate used in the State; and consulting with the State technical committee established under section 3861(a) of this title in that State. seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources; and take advantage of new technologies to enhance efficiency and effectiveness. This Act. The Agricultural Act of 1949 ( 7 U.S.C. 1421 et seq.). The Agricultural Act of 2014. Any law that succeeds a law specified in paragraph (1), (2), or (3). the goals and objectives of the programs will be met by such arrangements; a sufficient number of eligible participants will be aggregated under the alternative funding arrangement to accomplish the underlying purposes and objectives of the applicable program; and statutory limitations regarding contracts with individual producers will not be exceeded by any tribal member, except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program. In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity that protect source water for drinking water (including protecting against public health threats) while also benefitting agricultural producers. work collaboratively with community water systems and State technical committees established under section 3861(a) of this title to identify, in each State, local priority areas for the protection of source waters for drinking water; and subject to subparagraph (B), for practices described in paragraph (1), offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary. An increased payment under subparagraph (A)(ii) shall not exceed 90 percent of practice costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training. In each of fiscal years 2019 through 2031, the Secretary shall use to carry out this subsection not less than 10 percent of any funds available for conservation programs administered by the Secretary under this chapter (other than the conservation reserve program established under subpart B of part I of subchapter IV). Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this chapter. The Secretary may not prohibit, through a contract, easement, or agreement under this chapter, a participant in a conservation program administered by the Secretary under this chapter from participating in, and receiving compensation from, an environmental services market if 1 of the purposes of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the conservation program administered by the Secretary. that relates to soil, water, or wildlife; and over which that Federal agency, State, Indian tribe, or unit of local government has authority; and relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable. the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1); the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented; a plan for a periodic audit, as appropriate, of the continued implementation or maintenance of each of the conservation practices or activities identified under subparagraph (A); and notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurance. continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and the document entitled “Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service”, numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016 , and by the Director of the United States Fish and Wildlife Service on August 4, 2016 , as in effect on September 15, 2016 ; and United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016 , as in effect on August 9, 2016 . preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government; any cause of action; or a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.