Conservation Security Program: the bill establishes the
CSP, which is intended as a conservation program for lands that remain in
production, as opposed to land retirement. There are three tiers to the
program, with corresponding requirements, payment formulas, and payment
limitations. The producer must develop and submit a plan to qualify for
any of the tiers, and NRCS is authorized to help develop plans. NRCS has
authority to allocate up to 15% of the funds appropriated to the CSP to
provide technical assistance. Land enrolled in CRP, WRP, or the Grassland
Reserve Program, is not eligible, and land must have been planted or
considered planted in 4 of the last 6 years. On-farm research,
demonstration, or pilot projects are acceptable for inclusion. USDA will
use NRCS field guides, as well as state and local conservation priorities,
to establish appropriate practices.
Practices that may be implemented are broadly defined, and include:
- nutrient management
- integrated pest management
- water conservation (including through irrigation) and water quality
management
- grazing, pasture, and rangeland management
- soil conservation, quality, and residue management
- invasive species management
- fish and wildlife habitat conservation, restoration, and management
- air quality management
- energy conservation measures
- biological resource conservation and regeneration
- contour farming
- strip cropping
- cover cropping
- controlled rotational grazing
- resource-conserving crop rotation
- conversion of portions of cropland from a soil-depleting use to a
soil-conserving use, including production of cover crops
- partial field conservation practices
- native grassland and prairie protection and restoration; and
- any other conservation practices that the Secretary determines to be
appropriate and comparable to other conservation practices that are
authorized.
Tier 1: Contracts for up to 5 years, and must
address at least 1 significant resource of concern for the enrolled
portion of the operation. Payment is computed as 5% of the “base payment”
, plus no more than 75% of the cost of the implemented practice(s) (90%
for beginning farmers), plus a potential incentive payment for exceeding
the minimum requirements of Tier 1. The incentive could be earned by
taking into account local conservation priorities; addressing more than
one resource; implementing more than one practice; participating in
on-farm demonstrations, research, or pilots; participating in a
conservation plan that includes at least 75% of the landowners in a
targeted area; or carrying out assessment and evaluation activities on the
practices. Tier 1 payments are limited to $20,000 per year.
Tier 2: Contracts for 5-10 years, and must address at least 1
significant resource of concern for the entire operation. Payment is
computed as 10% of the “base payment”, plus no more than 75% of the cost
of the implemented practice(s) (90% for beginning farmers), plus a
potential incentive payment for exceeding the minimum requirements of Tier
2. Tier 2 payments are limited to $35,000 per year.
Tier 3: Contracts for 5-10 years, and must apply a resource
management system that meets the appropriate nondegradation standard for
all resources of concern for the entire operation. Payment is computed as
15% of the “base payment”, plus no more than 75% of the cost of the
implemented practice(s) (90% for beginning farmers), plus a potential
incentive payment for exceeding the minimum requirements of Tier 3. Tier 3
payments are limited to $45,000 per year.
Renewals are permitted, but Tier 1 renewals will require the adoption
of additional practices on land already enrolled or an agreement to enroll
new land in the program; the program essentially compels you to move up
into the upper tiers. Payments for the practices are available after
October 1 (the beginning of the federal fiscal year).
There are two major points of concern in the language: (1) payments are
not allowed for purchase or maintenance of “equipment or a land-based
structure that is not integral to a land-based practice”. Since adoption
of many practices will require investment in new equipment, NAWG will ask
USDA to be sure that the rules allow for payment for equipment that is
integral to a land-based practice. (2) If you are participating in another
program that requires conservation compliance, the CSP pays only for
additional practices beyond those requirements. Costs of achieving
conservation compliance are apparently not allowed.
Confidentiality: The law considers information provided to USDA
to obtain technical or financial assistance as non-public information, but
specifically exempts payment information from the protection. Both payment
amounts and names and addresses of recipients are excluded from
protection, though the law doesn’t explicitly say that they must be
provided in a linked fashion. NAWG will request that the two pieces of
data (producer names/addresses and payment information) be provided
independently.
Administrative Reform: USDA is to prepare and present a plan to
reform the administration of conservation programs by December 31, 2005.
The plan is to eliminate redundancy, streamline delivery, and improve
service.
ECARP: The Environmental Conservation Acreage Reserve Program
(ECARP) is renamed the Comprehensive Conservation Enhancement Program
(CCEP).
Conservation Reserve Program: CRP enrollment criteria appear
largely unchanged from present law. The discretionary cap on CRP is raised
to 39.2 million acres from the current cap of 36.4 million. Land expiring
in 2002 may extend for one year . Conservation Priority Areas continue,
and a pilot program for enrollment of wetlands and buffers in CRP is
authorized; no state may enroll more than 100,000 acres, and not more than
1 million acres nationally may be enrolled in this pilot. Managed haying
and grazing in emergencies is allowed, with the CRP payment reduced by the
amount of economic gain of the haying or grazing. Wind turbine
installation is permitted. CRP contracts may provide for permanent
retirement of any existing cropland base and allotment history; however,
when CRP land completes its contract, the Secretary is required to make an
adjustment in base acres if the producer wants to enroll it in the
commodity programs. Cost share of up to 50% may be provided to establish
required practices. The Secretary is permitted to establish different
criteria in different states. CRP annual payments are limited to $50,000.
Wetlands Reserve Program: WRP is limited to 2.275 million acres.
The program seeks to obtain permanent or 30-year easements, or restoration
cost share agreements. The Secretary is required, to the extent
practicable, to enroll 250,000 acres per calendar year.
EQIP: EQIP can provide a 75% cost share (90% for new or limited
resource farmers). Contracts can last from one year (after practices are
established) up to 10 years. Payments are limited to $450,000 total over
the 6-year life of the bill, or an annual average of $75,000. USDA is
directed to minimize the extent of duplicate plans for activities under
EQIP and other conservation programs. Conservation priority areas are
eliminated. Evaluation of contract offers will be based on use of
cost-effective conservation practices, use of practices that address
national priorities. Funding for livestock producers is targeted at 60% of
annual program funding. Commodity Credit Corporation funding is as
follows: $400 million in FY 2002; $700 million in FY 2003; $1.0 billion in
FY 2004; $1.2 billion in each of FY 2005 and 2006; $1.3 billion in FY
2007.
Ground and Surface Water Conservation: A program is established
to conserve water, primarily targeted at irrigation systems, though it
also speaks to storage of water and drought mitigation. Funds available
start at $25 million in 2002, $45 million in 2003, and $60 million for
2004-2007. In addition, there is $50 million earmarked for water
conservation activities in the Klamath Basin.
Grassland Reserve Program: A GRP is established with an acreage
cap of 2 million acres. Enrolled parcels must make up at least 40
contiguous acres, though the Secretary can make an exception if the case
warrants. The program establishes easements that would keep land in grass,
but would allow for grazing by deducting the grazing value from the
easement compensation.
Private Grazing Land Conservation: A program is authorized for
this purpose, but it is subject to appropriations each year.
Farmland Protection Program: A program designed to purchase
easements on highly erodible cropland, which would require conversion to
less-intensive uses.
Technical Assistance: USDA is required to provide technical
assistance either directly or through certified third party providers. The
Secretary has 6 months from the date of enactment a system of certifying
individuals and entities to provide technical assistance and payment
schedules for the assistance.
Resource Conservation and Development Councils: RC&Ds are
re-authorized in the Conservation Title.