Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
II
116TH CONGRESS
2D SESSION
S. 3429
To amend the Soil and Water Resources Conservation Act of 1977 with
respect to assessments of conservation programs, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 10, 2020
Mr. CASEY (for himself and Mrs. CAPITO) introduced the following bill; which
was read twice and referred to the Committee on Agriculture, Nutrition,
and Forestry
A BILL
To amend the Soil and Water Resources Conservation Act
of 1977 with respect to assessments of conservation pro-
grams, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Farmer Driven Con-
4
servation Outcomes Act of 2020’’.
5
SEC. 2. AMENDMENTS TO THE SOIL AND WATER RE-
6
SOURCES CONSERVATION ACT OF 1977.
7
The Soil and Water Resources Conservation Act of
8
1977 (16 U.S.C. 2001 et seq.) is amended—
9
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
2
•S 3429 IS
(1) by redesignating sections 8 through 10 as
1
sections 10 though 12, respectively; and
2
(2) by inserting after section 7 the following:
3
‘‘SEC. 8. CONSERVATION PROGRAMS ASSESSMENT.
4
‘‘(a) IN GENERAL.—In coordination with the ap-
5
praisal of soil, water, and related resources and the soil
6
and water conservation program, the Secretary may carry
7
out a conservation effects assessment project—
8
‘‘(1) to quantify the environmental and eco-
9
nomic effects of conservation practices;
10
‘‘(2) to develop the science base for managing
11
the agricultural landscape for environmental quality
12
and sustainable productive capacity; and
13
‘‘(3) to improve the efficacy of conservation
14
practices and programs by evaluating conservation
15
effects.
16
‘‘(b) SCOPE.—The project under this section may—
17
‘‘(1) be carried out at national, regional, and
18
watershed scales; and
19
‘‘(2) include cropland, grazing land, wetlands,
20
forests, and such other land as the Secretary may
21
determine to be appropriate.
22
‘‘(c) ACTIVITIES.—The project under this section
23
may include research, literature reviews and bibliog-
24
raphies, modeling, assessment, monitoring and data collec-
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
3
•S 3429 IS
tion, outreach, extension education, and such other activi-
1
ties as the Secretary may determine to be appropriate.
2
‘‘SEC. 9. GOALS AND ASSESSMENT PROCESS FOR CON-
3
SERVATION PROGRAMS.
4
‘‘(a) NATURAL RESOURCE
AND ENVIRONMENTAL
5
OBJECTIVES AND OUTCOMES.—
6
‘‘(1) IN GENERAL.—In coordination with the
7
appraisal of soil, water, and related resources, the
8
soil and water conservation program, and the con-
9
servation effects assessment project established
10
under section 8, the Secretary shall identify, and pe-
11
riodically revise, specific natural resource and envi-
12
ronmental objectives and anticipated conservation
13
outcomes and results, by resource concern, for—
14
‘‘(A) the conservation programs established
15
under subtitle D of title XII of the Food Secu-
16
rity Act of 1985 (16 U.S.C. 3831 et seq.);
17
‘‘(B) the agricultural conservation ease-
18
ment program established under subtitle H of
19
that title (16 U.S.C. 3865 et seq.); and
20
‘‘(C) the landscape conservation initiatives
21
developed by the Secretary.
22
‘‘(2) ASSESSMENTS.—To help measure out-
23
comes and results, the Secretary shall, to the max-
24
imum extent practicable, make assessments of
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
4
•S 3429 IS
changes in the status and conditions of natural re-
1
sources and the environment that result from the
2
application of conservation activities supported di-
3
rectly by the conservation programs and initiatives
4
described in subparagraphs (A) through (C) of para-
5
graph (1).
6
‘‘(3) MONITORING
AND
PROGRAM
EVALUA-
7
TION.—The Secretary shall establish a coordinated
8
monitoring and evaluation process for the programs
9
and initiatives described in subparagraphs (A)
10
through (C) of paragraph (1)—
11
‘‘(A) to assess progress toward the objec-
12
tives identified under that paragraph;
13
‘‘(B) to gather information to improve the
14
implementation of those programs and initia-
15
tives in accordance with the outcomes and re-
16
sults identified under that paragraph; and
17
‘‘(C) to assess the need for modifications
18
to the statutes or regulations for those pro-
19
grams and initiatives.
20
‘‘(b) MONITORING AND PROGRAM EVALUATION.—
21
‘‘(1) IN GENERAL.—The Secretary shall use not
22
more than 1 percent of the total annual funding
23
from the funds of the Commodity Credit Corpora-
24
tion made available for new annual enrollments for
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
5
•S 3429 IS
the conservation programs described in subpara-
1
graphs (A) and (B) of subsection (a)(1) to establish
2
a comprehensive monitoring and program evaluation
3
process to assess—
4
‘‘(A) progress in reaching natural resource
5
and environmental objectives identified under
6
that subsection;
7
‘‘(B) the contribution of individual pro-
8
grams to that progress; and
9
‘‘(C) the contribution of those programs
10
collectively to that progress.
11
‘‘(2) IMPLEMENTATION.—In implementing the
12
comprehensive monitoring and program evaluation
13
process under paragraph (1), the Secretary may con-
14
sider and incorporate—
15
‘‘(A) resource concern inventories;
16
‘‘(B) trends and analyses;
17
‘‘(C) quality and quantity criteria;
18
‘‘(D) conservation practices and enhance-
19
ments; and
20
‘‘(E) such other information as the Sec-
21
retary determines relevant for applying the
22
monitoring and program evaluation process
23
across each major land use identified by the
24
Secretary.
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
6
•S 3429 IS
‘‘(3) MONITORING
AND
EVALUATION
PROC-
1
ESS.—
2
‘‘(A) IN GENERAL.—Not later than 2 years
3
after the date of enactment of the Farmer Driv-
4
en Conservation Outcomes Act of 2020, the
5
Secretary shall issue—
6
‘‘(i) a design for the comprehensive
7
monitoring and program evaluation process
8
under paragraph (1);
9
‘‘(ii) a schedule for implementing that
10
process; and
11
‘‘(iii) a plan for coordinating that
12
process with—
13
‘‘(I) the soil and water conserva-
14
tion program; and
15
‘‘(II) the conservation effects as-
16
sessment project established under
17
section 8.
18
‘‘(B) METHODOLOGY.—The design for the
19
comprehensive monitoring and program evalua-
20
tion process described in subparagraph (A)(i)
21
shall—
22
‘‘(i) ensure that data made available
23
to cooperators and researchers from the
24
comprehensive monitoring and program
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
7
•S 3429 IS
evaluation process are transformed into
1
statistical aggregate data at the county
2
level and in a form that protects personally
3
identifiable information; and
4
‘‘(ii) take into account—
5
‘‘(I) the cumulative nature of
6
conservation over time;
7
‘‘(II) the interactions and se-
8
quencing effects between conservation
9
activities;
10
‘‘(III) the differing times for con-
11
servation effects to be realized; and
12
‘‘(IV) other related measurement
13
challenges.
14
‘‘(C) PUBLIC RESEARCH.—
15
‘‘(i) IN
GENERAL.—Notwithstanding
16
any other provision of law, subject to
17
clause (ii), in order to facilitate implemen-
18
tation of the comprehensive monitoring
19
and program evaluation process under
20
paragraph (1), the Secretary shall make
21
available conservation activity and program
22
data to cooperators and researchers en-
23
gaged in public research and evaluation ac-
24
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
8
•S 3429 IS
tivities to improve conservation outcomes
1
under this subsection.
2
‘‘(ii) CONDITIONS.—The availability of
3
data under clause (i) shall be subject to
4
the conditions that—
5
‘‘(I) adequate assurances are pro-
6
vided to the Secretary that any result-
7
ing research or information will be
8
made publicly available in a form that
9
protects personally identifiable infor-
10
mation; and
11
‘‘(II) the national technical com-
12
mittee established under paragraph
13
(5) finds that the data is likely to
14
generate information that furthers the
15
purpose of this section.
16
‘‘(4) COOPERATIVE
AGREEMENTS.—The Sec-
17
retary may implement the comprehensive monitoring
18
and program evaluation process under paragraph (1)
19
in part through cooperative or contribution agree-
20
ments with Federal, State, and local agencies, insti-
21
tutions of higher education, and nongovernmental
22
organizations with requisite expertise, as determined
23
by the Secretary, in consultation with the national
24
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
9
•S 3429 IS
technical committee established under paragraph
1
(5).
2
‘‘(5) NATIONAL TECHNICAL COMMITTEE.—
3
‘‘(A) IN
GENERAL.—The comprehensive
4
monitoring and program evaluation process
5
under paragraph (1) shall be administered by
6
the Secretary, acting through the Chief of the
7
Natural Resources Conservation Service, with
8
assistance from a national technical committee
9
described in subparagraph (B).
10
‘‘(B) COMPOSITION.—The national tech-
11
nical committee referred to in subparagraph (A)
12
shall be appointed by the Secretary and com-
13
posed of individuals with relevant technical and
14
scientific expertise representing—
15
‘‘(i) the Agricultural Research Service;
16
‘‘(ii) the Economic Research Service;
17
‘‘(iii) the Farm Service Agency;
18
‘‘(iv) the United States Fish and
19
Wildlife Service;
20
‘‘(v) the Forest Service;
21
‘‘(vi) the National Institute of Food
22
and Agriculture;
23
‘‘(vii) the United States Geological
24
Survey;
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
10
•S 3429 IS
‘‘(viii) the Environmental Protection
1
Agency;
2
‘‘(ix) State and Tribal agencies;
3
‘‘(x) land grant university natural re-
4
source research programs;
5
‘‘(xi) nongovernmental organizations
6
with expertise in the full array of conserva-
7
tion issues and measurement and evalua-
8
tion of conservation outcomes;
9
‘‘(xii) farmers that reflect a variety of
10
geographic regions and production types;
11
and
12
‘‘(xiii) such other agencies, institu-
13
tions, or organizations as the Secretary
14
may determine to be appropriate.
15
‘‘(C) FACA EXEMPTION.—The national
16
technical committee shall be exempt from the
17
Federal Advisory Committee Act (5 U.S.C.
18
App.).
19
‘‘(D)
TRANSPARENCY.—The
Secretary
20
shall ensure that the proceedings and rec-
21
ommendations of the national technical com-
22
mittee are available to the public.
23
‘‘(6) VOLUNTARY PARTICIPATION.—In carrying
24
out this subsection, the Secretary shall ensure that
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
11
•S 3429 IS
any on-farm monitoring activities that may be in-
1
cluded as part of the comprehensive monitoring and
2
program evaluation process under paragraph (1)—
3
‘‘(A) are voluntary on the part of the pro-
4
ducer; and
5
‘‘(B) may include appropriate compensa-
6
tion, as determined by the Secretary.
7
‘‘(c) REPORTING.—
8
‘‘(1) REPORT ON OBJECTIVES AND METHODS.—
9
Beginning in the fiscal year that is 3 years after the
10
date of enactment of the Farmer Driven Conserva-
11
tion Outcomes Act of 2020, and periodically there-
12
after, as determined by the Secretary, the Secretary
13
shall submit to Congress, and make publicly avail-
14
able, a report that includes—
15
‘‘(A) a description of conservation outcome
16
objectives that are, to the maximum extent
17
practicable, quantitative, measurable, and time-
18
bound for each program or initiative described
19
in subparagraphs (A) through (C) of subsection
20
(a)(1);
21
‘‘(B) a description of the approaches, tools,
22
and methods used—
23
‘‘(i) to measure or model the con-
24
servation outcomes and results; and
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
12
•S 3429 IS
‘‘(ii) to estimate the cost-effectiveness
1
of each of the programs or initiatives; and
2
‘‘(C) guidance to the conservation project
3
partners working to implement conservation
4
programs within a landscape-level project that
5
provides a description of the approaches, tools,
6
and methods that the partners might consider
7
using to measure and model the conservation
8
outcomes and results of the projects.
9
‘‘(2) REPORT ON OUTCOMES.—In conjunction
10
with each of the reports to Congress pursuant to
11
section 7, the Secretary shall submit to Congress,
12
and make publicly available, a report that includes—
13
‘‘(A) an assessment of progress made to-
14
wards achieving conservation program objec-
15
tives and anticipated outcomes and results for
16
each program or initiative described in subpara-
17
graphs (A) through (C) of subsection (a)(1), in-
18
dividually and collectively;
19
‘‘(B) an evaluation of the cost-effectiveness
20
of each of those conservation programs and ini-
21
tiatives; and
22
‘‘(C) recommendations, taking into consid-
23
eration the assessment and evaluation under
24
subparagraphs (A) and (B), respectively, to im-
25
VerDate Sep 11 2014
04:19 Mar 13, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\S3429.IS
S3429
kjohnson on DSK79L0C42PROD with BILLS
13
•S 3429 IS
prove program implementation and the sci-
1
entific and economic tools (including any new or
2
revised conservation practices, conservation en-
3
hancements, or conservation planning tools)
4
used to achieve stated natural resource con-
5
servation and environmental objectives.
6
‘‘(3) COORDINATION.—The Secretary may co-
7
ordinate the reports required under paragraphs (1)
8
and (2) with any reports developed as part of the
9
c
[Text truncated for display. Full text available on Congress.gov.]