HR 5252 — EQIP Improvement Act of 2023

(a) Establishment 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. (b) Practices and term (1) Practices A contract under the program may apply to the performance of one or more practices. (2) Term A contract under the program shall have a term that does not exceed 10 years. (c) Bidding down 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. (d) Payments (1) Availability of payments Payments are provided to a producer to implement one or more practices under the program. (2) Limitation on payment amounts A payment to a producer for performing a practice may not exceed, as determined by the Secretary— (A) 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; (B) 100 percent of income foregone by the producer; or (C) in the case of a practice consisting of elements covered under subparagraphs (A) and (B)— (i) 75 percent of the costs incurred for those elements covered under subparagraph (A); and (ii) 100 percent of income foregone for those elements covered under subparagraph (B). (3) Special rule involving payments for foregone income In determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great significance to a practice that, as determined by the Secretary, promotes— (A) soil health; (B) water quality and quantity improvement; (C) nutrient management; (D) pest management; (E) air quality improvement; (F) wildlife habitat development, including pollinator habitat; or (G) invasive species management. (4) Increased payments for certain producers (A) In general Notwithstanding paragraph (2), in the case of a producer that is a limited resource, socially disadvantaged farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) 1 of title 7), or a beginning farmer or rancher, the Secretary shall increase the amount that would otherwise be provided to a producer under this subsection— (i) to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and (ii) to not less than 25 percent above the otherwise applicable rate. (B) Advance payments (i) In general 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. (ii) Return of funds 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. (iii) Notification and documentation The Secretary shall— (I) 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 (II) 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. (5) Financial assistance from other sources 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. (6) Other payments 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. (7) Increased pay...

Not including payments made under section 3839aa–2(j) of this title, a person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this subpart that, in aggregate, exceed $450,000 for all contracts entered into under this subpart by the person or legal entity during the period of fiscal years 2014 through 2018, or the period of fiscal years 2019 through 2023, regardless of the number of contracts entered into under this subpart by the person or legal entity.