§ 3871c. Assistance to producers

• (a) A producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
• (b)
  • (1) The Secretary shall establish a program contract to be entered into with a producer to conduct eligible activities on eligible land, subject to such terms and conditions as the Secretary may establish.
  • (2)
    • (A) An eligible partner may submit to the Secretary, on behalf of producers, a bundle of applications for assistance under the program through program contracts to address a substantial portion of the conservation benefits to be achieved by the project, as defined in the partnership agreement.
    • (B) The Secretary may give priority to applications described in subparagraph (A).
• (c)
  • (1) Subject to section 3871d of this title , the Secretary may make payments to a producer in an amount determined by the Secretary to be necessary to achieve the purposes of the program.
  • (2) The Secretary may provide payments for a period of 5 years—
    • (A) to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and
    • (B) to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management.
  • (3) To assist in the implementation of the program, the Secretary may waive the applicability of the limitation in section 1308–3a(b)(2) of title 7 for producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program.
• (d)
  • (1) A partnership agreement entered into with an eligible partner may be funded through an alternative funding arrangement or grant in accordance with this subsection.
  • (2) The Secretary shall—
    • (A) under a funding agreement under paragraph (1)—
      • (i) use funding made available to carry out this subchapter to provide funding directly to the eligible partner; and
      • (ii) provide technical and administrative assistance, as mutually agreed by the parties; and
    • (B) enter into not more than 15 alternative funding arrangements or grant agreements with 1 or more eligible partners each fiscal year.
  • (3) Under a funding agreement under paragraph (1), the eligible partner shall—
    • (A) carry out eligible activities on eligible land in agreement with producers to achieve conservation benefits on a regional or watershed scale, such as—
      • (i) infrastructure investments relating to agricultural or nonindustrial private forest production that would—
        • (I) benefit multiple producers; and
        • (II) address natural resource concerns such as drought, wildfire, or water quality impairment on the land covered by the project;
      • (ii) projects addressing natural resources concerns in coordination with producers, including the development and implementation of watershed, habitat, or other area restoration plans;
      • (iii) projects that use innovative approaches to leveraging the Federal investment in conservation with private financial mechanisms, in conjunction with agricultural production or forest resource management, such as—
        • (I) the provision of performance-based payments to producers; and
        • (II) support for an environmental market; or
      • (iv) other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the funding agreement under paragraph (1); and
    • (B) submit to the Secretary, in addition to any information that the Secretary requires to prepare the report under section 3871e(b) of this title , an annual report that describes the status of the project, including a description of—
      • (i) the use of the funds awarded under paragraph (1);
      • (ii) any subcontracts awarded;
      • (iii) the producers receiving funding through the funding agreement under paragraph (1);
      • (iv)
        • (I) the progress made by the project in addressing each natural resource concern defined in the funding agreement under paragraph (1), including in a quantified form to the extent practicable; and
        • (II) as appropriate, other outcomes of the project; and
      • (v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.