For each of fiscal years 2014 through 2031, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this chapter (including the provision of technical assistance):
The conservation reserve program under subpart B of part I of subchapter IV, including, to the maximum extent practicable—
$50,000,000 for the period of fiscal years 2019 through 2023, including not more than $5,000,000 to provide outreach and technical assistance, to carry out section 3835(f) of this title
to facilitate the transfer of land subject to contracts from contract holders to covered farmers or ranchers, as defined in section 3835(f)(1) of this title
The agricultural conservation easement program under subchapter VII using to the maximum extent practicable—
$400,000,000 for fiscal year 2014;
$425,000,000 for fiscal year 2015;
$450,000,000 for fiscal year 2016;
$500,000,000 for fiscal year 2017;
$250,000,000 for fiscal year 2018; and
$450,000,000 for each of fiscal years 2019 through 2031.
The programs under part IV of subchapter IV, using, to the maximum extent practicable—
for the environmental quality incentives program under subpart A of part IV of subchapter IV—
$1,750,000,000 for fiscal year 2019;
$1,750,000,000 for fiscal year 2020;
$1,800,000,000 for fiscal year 2021;
$1,850,000,000 for fiscal year 2022; and
$2,025,000,000 for each of fiscal years 2023 through 2031; and
for the conservation stewardship program under subpart B of part IV of subchapter IV—
$700,000,000 for fiscal year 2019;
$725,000,000 for fiscal year 2020;
$750,000,000 for fiscal year 2021;
$800,000,000 for fiscal year 2022; and
$1,000,000,000 for each of fiscal years 2023 through 2031.
The conservation stewardship program under subpart B of part II of subchapter IV (as in effect on the day before December 20, 2018), using such sums as are necessary to administer contracts entered into before December 20, 2018.
Acceptance and use of contributions for public-private partnerships
Establishment of public-private partnership contributions accounts
The Secretary shall establish the necessary accounts and process to accept contributions of private funds for the purposes of addressing the changing climate, sequestering carbon, improving wildlife habitat, protecting sources of drinking water, and addressing other natural resource priorities identified by the Secretary.
Deposit and use of contributions
Contributions of non-Federal funds received for a covered program shall be deposited into the account established under this subsection for the program and shall be available to the Secretary, without further appropriation and until expended, to carry out the program.
The Secretary may accept under this subsection contributions of such funds as the Secretary determines appropriate, taking into consideration—
the source of the funds to be contributed;
the natural resource concerns to be addressed through the use of the funds;
the amount of funds to be contributed;
whether the activities proposed to be carried out using the funds are consistent with the priorities of the Secretary; and
any other factors the Secretary determines to be relevant.
A determination of whether to accept private funds under this subsection shall be at the sole discretion of the Secretary.
Match of contributed funds
Subject to subparagraph (B), the Secretary may provide matching Federal funds, and determine the level of such match, which shall not exceed 75 percent, for the private funds contributed under this subsection, subject to the availability of funding for the applicable covered program.
Distribution of Federal funding for States
The Secretary may not provide any matching Federal funds pursuant to subparagraph (A) in a manner that would result in a substantial reduction in the historical distribution of Federal funding to any State for any covered program.
No funds made available pursuant to
[Public Law 117–169] may be used to provide matching Federal funds pursuant to subparagraph (A).
Role of contributing entity
An entity contributing funds under this subsection may—
designate the covered program for which the contributed funds are intended to be used;
specify the geographic area in which the contributed funds are intended to be used;
identify a natural resource concern the contributed funds are intended to be used to address;
with respect to an activity funded pursuant to this subsection that may result in environmental services benefits to be sold through an environmental services market, subject to the approval of the Secretary, prescribe the terms for ownership of the entity’s share of such environmental services benefits resulting from such activity; and
work with the Secretary to promote the activities funded pursuant to this subsection.
The Secretary shall establish a process to provide notice to producers—
of activities that may be carried out, through a covered program, pursuant to this section; and
So in original. Probably should be preceded by “of”.
terms prescribed by the contributing entity under paragraph (5)(D) with respect to such activities.
Retention of environmental services benefits
The Secretary shall not claim or impede any action of a producer with respect to the environmental services benefits they accrue through activities funded pursuant to this subsection.
Consistency with program requirements
Except as provided in subparagraph (B), the Secretary shall ensure that the terms and conditions of activities carried out using funds contributed under this subsection are consistent with the requirements of the applicable covered program.
The Secretary may, if the Secretary determines necessary, adjust a regulatory requirement of a covered program, or related guidance, as it applies to an activity carried out using funds contributed under this subsection—
to provide a simplified process; or
to better reflect unique local circumstances and to address a specific priority of the contributing entity.
The Secretary shall not adjust the application of statutory requirements for a covered program, including requirements governing appeals, payment limits, and conservation compliance.
Not later than December 31, 2024, and each year thereafter through December 31, 2031, 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 contains—
the name and a description of each entity contributing private funds under this subsection that took an action under paragraph (5), and a description of each such action;
the name and a description of each entity contributing private funds under this subsection for which the Secretary has provided matching Federal funds, and the level of that match, including the amount of such matching Federal funds; and
the total amounts of—
private funds contributed under this subsection; and
matching Federal funds provided by the Secretary under paragraph (4).
Covered program defined
In this subsection, the term “covered program” means a program carried out by the Secretary under—
subchapter IV (except for subpart B of such subchapter),
See References in Text note below.
subchapter VII, or subchapter VIII;
title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571
et seq.); or
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001
et seq.), except for any program established by the Secretary to carry out section 14 of such Act (16 U.S.C. 1012
Duration of authority
The authority of the Secretary under this subsection shall expire, with respect to each covered program, on the date on which the authority of the covered program expires.
[Pub. L. 99–198, title XII, § 1241], as added [Pub. L. 107–171, title II, § 2701], May 13, 2002, [116 Stat. 278]; amended [Pub. L. 108–7, div. N, title II], §§ 213, 216(c), Feb. 20, 2003, [117 Stat. 545], 546; [Pub. L. 108–11, title II, § 2106(a)], Apr. 16, 2003, [117 Stat. 590]; [Pub. L. 108–199, div. H, § 101], Jan. 23, 2004, [118 Stat. 434]; [Pub. L. 108–324, div. B, § 101(e)], Oct. 13, 2004, [118 Stat. 1235]; [Pub. L. 108–498, § 1(a)], Dec. 23, 2004, [118 Stat. 4020]; [Pub. L. 109–171, title I], §§ 1202(b), 1203(c), Feb. 8, 2006, [120 Stat. 5], 6; [Pub. L. 110–234, title II], §§ 2701–2705, May 22, 2008, [122 Stat. 1071–1074]; [Pub. L. 110–246, § 4(a)], title II, §§ 2701–2705, June 18, 2008, [122 Stat. 1664], 1799–1802; [Pub. L. 112–55, div. A, title VII, § 716(d)]–(f), Nov. 18, 2011, [125 Stat. 582]; [Pub. L. 113–76, div. A, title VII, § 750(b)], Jan. 17, 2014, [128 Stat. 42]; [Pub. L. 113–79, title II], §§ 2601–2605, Feb. 7, 2014, [128 Stat. 756–759]; [Pub. L. 115–123, div. F, § 60102(b)], Feb. 9, 2018, [132 Stat. 312]; [Pub. L. 115–334, title II, § 2501], title XII, § 12306(g), Dec. 20, 2018, [132 Stat. 4576], 4970; [Pub. L. 117–169, title II, § 21001(c)(5)], Aug. 16, 2022, [136 Stat. 2017]; [Pub. L. 117–328, div. HH, title I, § 202], Dec. 29, 2022, [136 Stat. 5982].)