HR 3424 — Forest Conservation Easement Program Act of 2023

(a) Annual funding 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): (1) The conservation reserve program under subpart B of part I of subchapter IV, including, to the maximum extent practicable— (A) $12,000,000 for the period of fiscal years 2019 through 2023 to provide payments under section 3834(c) of this title; and (B) $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. (2) The agricultural conservation easement program under subchapter VII using to the maximum extent practicable— (A) $625,000,000 for fiscal year 2026; (B) $650,000,000 for fiscal year 2027; (C) $675,000,000 for fiscal year 2028; (D) $700,000,000 for fiscal year 2029; (E) $700,000,000 for fiscal year 2030; and (F) $700,000,000 for fiscal year 2031. (3) The programs under part IV of subchapter IV, using, to the maximum extent practicable— (A) for the environmental quality incentives program under subpart A of part IV of subchapter IV— (i) $2,655,000,000 for fiscal year 2026; (ii) $2,855,000,000 for fiscal year 2027; (iii) $3,255,000,000 for fiscal year 2028; (iv) $3,255,000,000 for fiscal year 2029; (v) $3,255,000,000 for fiscal year 2030; and (vi) $3,255,000,000 for fiscal year 2031; and (B) for the conservation stewardship program under subpart B of part IV of subchapter IV— (i) $1,300,000,000 for fiscal year 2026; (ii) $1,325,000,000 for fiscal year 2027; (iii) $1,350,000,000 for fiscal year 2028; (iv) $1,375,000,000 for fiscal year 2029; (v) $1,375,000,000 for fiscal year 2030; and (vi) $1,375,000,000 for fiscal year 2031. (4) 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. (b) Availability of funds Amounts made available by subsection (a) for fiscal years 2014 through 2031 shall be used by the Secretary to carry out the programs specified in such subsection and shall remain available until expended. (c) Technical assistance (1) Availability Commodity Credit Corporation funds made available for a fiscal year for each of the programs specified in subsection (a)— (A) shall be available for the provision of technical assistance for the programs for which funds are made available as necessary to implement the programs effectively; (B) except for technical assistance for the conservation reserve program under subpart B of part I of subchapter IV, shall be apportioned for the provision of technical assistance in the amount determined by the Secretary, at the sole discretion of the Secretary; and (C) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available. (2) Priority (A) In general In the delivery of technical assistance under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.), the Secretary shall give priority to producers who request technical assistance from the Secretary in order to comply for the first time with the requirements of subchapter II and subchapter III of this chapter as a result of the amendments made by section 2611 of the Agricultural Act of 2014. (B) Report Not later than 270 days after February 7, 2014, 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 regarding the extent to which the conservation compliance...

(a) Incentives for certain farmers and ranchers and Indian tribes (1) Incentives authorized In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program— (A) to foster new farming and ranching opportunities; and (B) to enhance long-term environmental goals. (2) Covered persons Incentives authorized by paragraph (1) may be provided to the following: (A) Beginning farmers or ranchers. (B) Socially disadvantaged farmers or ranchers. (C) Limited resource farmers or ranchers. (D) Indian tribes. (E) Veteran farmers or ranchers (as defined in section 2279(e) 1 of title 7). (b) Privacy of personal information relating to natural resources conservation programs (1) Information received for technical and financial assistance (A) In general In accordance with section 552(b)(3) of title 5, except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)— (i) shall not be considered to be public information; and (ii) 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. (B) Information The information referred to in subparagraph (A) is information— (i) 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 (ii) 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. (C) Exception 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. (2) Exceptions (A) Release and disclosure for enforcement 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). (B) Disclosure to cooperating persons and agencies (i) In general 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. (ii) Use of information The person or Federal, State, local, or tribal agency that receives information described in clause (i) may release the information only for the purpose of assisting the Secretary— (I) in providing the requested technical or financial assistance; or (II) in collecting information from data gathering sites. (C) Statistical and aggregate information Information covered by paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form without naming any— (i) individual owner, operator, or producer; or (ii) specific data gathering site. (D) Consent of owner, operator, or producer (i) In general An owner, operator, or producer may consent to the disclosure of information described in paragraph (1). (ii) Condition of other programs 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. (3) Violations; penalties Section 2276(c) of title 7 shall apply with respect to the release of information collected in any manner or for any purpose pro...

In this subchapter: (1) Covered program The term “covered program” means the following: (A) The agricultural conservation easement program. (B) The environmental quality incentives program. (C) The conservation stewardship program, not including the grassland conservation initiative under section 3839aa–25 of this title. (D) The healthy forests reserve program established under section 6571 of this title. (E) The conservation reserve program established under subpart B of part I of subchapter IV. (F) The programs established by the Secretary to carry out 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 (16 U.S.C. 1012) of that Act. (2) Eligible activity The term “eligible activity” means a practice, activity, agreement, easement, or related conservation measure that is available under the statutory authority for a covered program. (3) Eligible land The term “eligible land” means any agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help achieve conservation benefits. (4) Eligible partner The term “eligible partner” means any of the following: (A) An agricultural or silvicultural producer association or other group of producers. (B) A State or unit of local government. (C) An Indian tribe. (D) A farmer cooperative. (E) A water district, irrigation district, acequia, rural water district or association, or other organization with specific water delivery authority to producers on agricultural land. (F) A municipal water or wastewater treatment entity. (G) An institution of higher education. (H) An organization or entity with an established history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address— (i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or (ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues. (I) An organization described in section 3865a(3)(B) of this title. (J) A conservation district. (5) Partnership agreement The term “partnership agreement” means the programmatic agreement entered into between the Secretary and an eligible partner, subject to the terms and conditions under section 3871b of this title. (6) Program The term “program” means the regional conservation partnership program established by this subchapter. (7) Program contract (A) In general The term “program contract” means the contract between the Secretary and a producer entered into under this subchapter. (B) Exclusion The term “program contract” does not include a contract under a covered program.