S 4056 — EMIT LESS Act of 2024

In this subpart: (1) Conservation planning assessment The term “conservation planning assessment” means a report, as determined by the Secretary, that— (A) is developed by— (i) a State or unit of local government (including a conservation district); (ii) a Federal agency; or (iii) a third-party provider certified under section 3842(e) of this title (including a certified rangeland professional); (B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and (C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture. (2) Eligible land (A) In general The term “eligible land” means land on which agricultural commodities, livestock, or forest-related products are produced. (B) Inclusions The term “eligible land” includes the following: (i) Cropland. (ii) Grassland. (iii) Rangeland. (iv) Pasture land. (v) Nonindustrial private forest land. (vi) Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary. (3) Incentive practice The term “incentive practice” means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns. (4) Organic system plan The term “organic system plan” means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). (5) Payment The term “payment” means financial assistance provided to a producer for performing practices under this subpart, including compensation for— (A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and (B) income forgone by the producer. (6) Practice The term “practice” means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including— (A) improvements to eligible land of the producer, including— (i) structural practices; (ii) land management practices; (iii) vegetative practices; (iv) forest management; (v) soil testing; (vi) soil remediation to be carried out by the producer; and (vii) other practices that the Secretary determines would further the purposes of the program; and (B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including— (i) comprehensive nutrient management planning; (ii) planning for resource-conserving crop rotations (as defined in section 3839aa–24(d)(1) of this title); (iii) soil health planning, including increasing soil organic matter and the use of cover crops; (iv) a conservation planning assessment; (v) precision conservation management planning; and (vi) other plans that the Secretary determines would further the purposes of the program under this subpart. (7) Priority resource concern The term “priority resource concern” means a natural resource concern or problem, as determined by the Secretary, that— (A) is identified at the national, State, or local level as a priority for a particular area of a State; and (B) represents a significant concern in a State or region. (8) Program The term “program” means the environmental quality incentives program established by this subpart. (9) Soil remediation The term “soil remediation” means scientifically based practices that— (A) ensure the safety of producers from contaminants in soil; (B) limit contaminants in soil from entering agricultural products for human or animal consumption; and (C) regenerate and sustain the soil. (10) Soil test...

(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...

In this subpart: (1) Agricultural operation The term “agricultural operation” means all eligible land, whether or not contiguous, that is— (A) under the effective control of a producer at the time the producer enters into a contract under the program; and (B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary. (2) Conservation activities (A) In general The term “conservation activities” means conservation systems, practices, or management measures. (B) Inclusions The term “conservation activities” includes— (i) structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary; (ii) planning needed to address a priority resource concern; (iii) development of a comprehensive conservation plan, as defined in section 3839aa–24(e)(1) of this title; (iv) soil health planning, including planning to increase soil organic matter; and (v) activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility. (3) Conservation stewardship plan The term “conservation stewardship plan” means a plan that— (A) identifies and inventories priority resource concerns; (B) establishes benchmark data and conservation objectives; (C) describes conservation activities to be implemented, managed, or improved; and (D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities. (4) Eligible land (A) In general The term “eligible land” means— (i) private or tribal land on which agricultural commodities, livestock, or forest-related products are produced; and (ii) lands associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program. (B) Inclusions The term “eligible land” includes— (i) cropland; (ii) grassland; (iii) rangeland; (iv) pasture land; (v) nonindustrial private forest land; and (vi) other land in agricultural areas (including cropped woodland, marshes, and agricultural land used or capable of being used for the production of livestock), as determined by the Secretary. (5) Priority resource concern The term “priority resource concern” means a natural resource concern or problem, as determined by the Secretary, that— (A) is identified at the national, State, or local level as a priority for a particular area of a State; (B) represents a significant concern in a State or region; and (C) is likely to be addressed successfully through the implementation of conservation activities under this program. (6) Program The term “program” means the conservation stewardship program established by this subpart. (7) Stewardship threshold The term “stewardship threshold” means the level of management required, as determined by the Secretary, to conserve and improve the quality and condition of a natural resource through the use of— (A) quality criteria under a resource management system; (B) predictive analytics tools or models developed or approved by the Natural Resources Conservation Service; (C) data from past and current enrollment in the program; and (D) other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.

(a) In general To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall— (1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year; (2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and (3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2). (b) Allocation to States The Secretary shall allocate funding to States for enrollment, based— (1) primarily on each State’s proportion of eligible land to the total acreage of eligible land in all States; and (2) also on consideration of— (A) the extent and magnitude of the conservation needs associated with agricultural production in each State; (B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and (C) other considerations to achieve equitable geographic distribution of funds, as determined by the Secretary. (c) Conservation stewardship payments (1) Availability of payments The Secretary shall provide annual payments under the program to compensate the producer for— (A) installing and adopting additional conservation activities; and (B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary. (2) Payment amount The amount of the annual payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors: (A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training. (B) Income forgone by the producer. (C) Expected conservation benefits. (D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation. (E) The level of stewardship in place at the time of application and maintained over the term of the contract. (F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract. (G) Such other factors as are determined appropriate by the Secretary. (3) Exclusions A payment to a producer under this subsection shall not be provided for— (A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or (B) conservation activities for which there is no cost incurred or income forgone to the producer. (4) Delivery of payments In making payments under this subsection, the Secretary shall, to the extent practicable— (A) prorate conservation performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual payments in each fiscal year; and (B) make such payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year. (5) Payment for cover crop activities The amount of a payment under this subsection for cover crop activities shall be not less than 125 percent of the annual payment amount determined by the Secretary under paragraph (2). (d) Supplemental payments for resource-conserving crop rotations and advanced grazing management (1) Definitions In this subsection: (A) Advanced grazing management The term “advanced grazing management” means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for— (i) improved soil health and carbon sequestration; (ii) drought resilience; (iii) wildlife habitat; (iv) wildfire mitigati...

(a) Competitive grants for innovative conservation approaches (1) Grants Out of the funds made available to carry out this subpart, the Secretary may pay the cost of competitive grants that are intended to stimulate innovative approaches to leveraging the Federal investment in environmental enhancement and protection, in conjunction with agricultural production or forest resource management, through the program. (2) Use The Secretary may provide grants under this subsection to governmental and non-governmental organizations and persons, on a competitive basis, to carry out projects that— (A) involve producers who are eligible for payments or technical assistance under the program or community colleges (as defined in section 3319e(a) of title 7) carrying out demonstration projects on land of the community college; (B) leverage Federal funds made available to carry out the program under this subpart with matching funds provided by State and local governments and private organizations to promote environmental enhancement and protection in conjunction with agricultural production; (C) ensure efficient and effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this section, such as market systems for pollution reduction and practices for the storage of carbon in soil; (D) provide environmental and resource conservation benefits through increased participation by producers of specialty crops; (E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations; (F) utilize edge-of-field and other monitoring practices on farms— (i) to quantify the impacts of practices implemented under the program; and (ii) to assist producers in making the best conservation investments for the operations of the producers; (G) facilitate on-farm conservation research and demonstration activities; and (H) facilitate pilot testing of new technologies or innovative conservation practices. (b) Air quality concerns from agricultural operations (1) Implementation assistance The Secretary shall provide payments under this subsection to producers to implement practices to address air quality concerns from agricultural operations and to meet Federal, State, and local regulatory requirements. The funds shall be made available on the basis of air quality concerns in a State and shall be used to provide payments to producers that are cost effective and reflect innovative technologies. (2) Funding Of the funds made available to carry out this subpart, the Secretary shall carry out this subsection using $37,500,000 for each of fiscal years 2019 through 2031. (c) On-farm conservation innovation trials (1) Definitions In this subsection: (A) Eligible entity The term “eligible entity” means, as determined by the Secretary— (i) a third-party private entity the primary business of which is related to agriculture; (ii) a nongovernmental organization with experience working with agricultural producers; or (iii) a governmental organization. (B) New or innovative conservation approach The term “new or innovative conservation approach” means— (i) new or innovative— (I) precision agriculture technologies; (II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems; (III) soil health management systems, including systems to increase soil carbon levels; (IV) water management systems; (V) resource-conserving crop rotations (as defined in section 3839aa–24(d)(1) of this title); (VI) cover crops; and (VII) irrigation systems; and (ii) any other conservation approach approved by the Secretary as new or innovative. (2) Testing new or innovative conservation approaches Using $25,000,000 of the funds made available to carry out this subpart for each of fiscal years 2019 through 2031, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches— (A) ...

(a) Definitions In this section: (1) Eligible participant The term “eligible participant” means a producer, landowner, or entity that is participating in, or seeking to participate in, programs in which the producer, landowner, or entity is otherwise eligible to participate under this chapter or the agricultural management assistance program under section 1524(b) of title 7. (2) Third-party provider The term “third-party provider” means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity (as defined by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Federal agency, that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed planning, or environmental engineering. (b) Purpose of technical assistance The purpose of technical assistance authorized by this section is to provide eligible participants with consistent, science-based, site-specific practices designed to achieve conservation objectives on land active in agricultural, forestry, or related uses. (c) Provision of technical assistance The Secretary shall provide technical assistance under this chapter to an eligible participant— (1) directly; (2) through an agreement with a third-party provider; or (3) at the option of the eligible participant, through a payment, as determined by the Secretary, to the eligible participant for an approved third-party provider, if available. (d) Non-Federal assistance The Secretary may request the services of, and enter into cooperative agreements or contracts with, other agencies within the Department or non-Federal entities to assist the Secretary in providing technical assistance necessary to assist in implementing conservation programs under this chapter. (e) Certification of third-party providers (1) Purpose The purpose of the third-party provider program is to increase the availability and range of technical expertise available to eligible participants to plan and implement conservation measures. (2) Regulations Not later than 180 days after the date of the enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall promulgate such regulations as are necessary to carry out this section. (3) Expertise In promulgating such regulations, the Secretary, to the maximum extent practicable, shall— (A) ensure that persons with expertise in the technical aspects of conservation planning, watershed planning, and environmental engineering, including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies, are eligible to become approved providers of the technical assistance; (B) provide national criteria for the certification of third-party providers; and (C) approve any unique certification standards established at the State level. (4) Certification process The Secretary shall certify a third-party provider through— (A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; or (B) a non-Federal entity approved by the Secretary to perform the certification. (5) Streamlined certification The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a sustainability certification. (f) Administration (1) Funding Effective for fiscal year 2008 and each subsequent fiscal year, funds of the Commodity Credit Corporation made available to carry out technical assistance for each of the programs specified in section 3841 of this title shall be available for the provision of technical assistance from third-party providers under this section. (2) Term of agreement An agreement with a third-party provider under this section shall have a term that— (A) at a minimum, is equal to the period beginning on the date on which the agreement is entered into and ending on th...