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H.R. 7567IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 2502 · H.R. 7567

Delivery of technical assistance

Title II — Conservation › Subtitle F — Funding and Administration

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The wording changed from Introduced to Committee version. Removed words are struck through; added words are underlined.

How the text changed

Introduced → Committee version · Sec. 2502

(a) Definitions Section 1242(a) of the Food Security Act of 1985 (16 U.S.C. 3842(a)) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: (2) Non-Federal certifying entity The term non-Federal certifying entity means a non-Federal entity, an Indian Tribe, or a State agency described in subparagraph (B), (C), or (D) of subsection (e)(4) that has entered into an agreement under subsection (e)(5)(D).. (b) Purpose of technical assistance Section 1242(b) of the Food Security Act of 1985 (16 U.S.C. 3842(b)) is amended by inserting timely, after consistent,. (c) Non-Federal assistance Section 1242(d) of the Food Security Act of 1985 (16 U.S.C. 3842(d)) is amended by inserting (including private sector entities) after Department or non-Federal entities. (d) Certification of third-Party providers Section 1242(e) of the Food Security Act of 1985 (16 U.S.C. 3842(e)) is amended— (1) in paragraph (2), by striking Food, Conservation, and Energy Act of 2008 and inserting F arm, Food, and National Security Act of 2026; (2) by amending paragraph (3)(A) to read as follows: (A) ensure that persons (including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies) with expertise in the technical aspects of conservation planning, watershed planning, environmental engineering, conservation practice design, implementation, and evaluation, and any other technical skills determined appropriate by the Secretary, are eligible to become approved providers of the technical assistance;; and (3) by striking paragraphs (4) and (5) and inserting the following: (4) Certification A third-party provider may be certified to provide technical assistance under this section only— (A) through a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; (B) by a non-Federal entity (other than a State agency or an Indian Tribe) approved by the Secretary under paragraph (5) to certify a third-party provider; (C) by an Indian Tribe approved by the Secretary under paragraph (5) to certify a third-party provider; or (D) by a State agency that— (i) has statutory authority to certify, administer, or license professionals in one or more fields of natural resources, agriculture, or engineering; and (ii) is approved by the Secretary under paragraph (5) to certify a third-party provider. (5) Non-Federal certifying entity (A) Establishment of approval process Not later than 180 days after the date of enactment of the Farm, Food, and National Security Act of 2026, the Secretary shall establish a process to approve a non-Federal entity (including a State agency and an Indian Tribe), to become a non-Federal certifying entity. (B) Approval Not later than 60 days after the date on which the Secretary receives an application by a non-Federal entity to certify third-party providers under this section, the Secretary shall make a decision on whether to approve such application. (C) Eligibility In carrying out subparagraph (B), the Secretary shall take into consideration— (i) the ability of the applicable non-Federal entity to assess the qualifications of a third-party provider and to certify third-party providers at scale; (ii) the experience of the applicable non-Federal entity in working with third-party providers and eligible participants; (iii) the expertise of the applicable non-Federal entity in the technical skills described in paragraph (3)(A); and (iv) such other qualifications as the Secretary determines to be appropriate. (D) Agreement Upon approving an application under this paragraph, the Secretary shall enter into an agreement with the non-Federal entity to become a non-Federal certifying entity. (E) Duties of non-Federal certifying entities In certifying third-party providers under this section, a non-Federal certifying entity shall— (i) assess the ability of a third-party provider to appropriately provide technical assistance to eligible participants for specified practices and conservation activities; (ii) provide training to ensure that a third-party provider is qualified to provide technical assistance upon certification by the non-Federal certifying entity; and (iii) submit to the Secretary, in a timely manner, information on— (I) each third-party provider certified by the non-Federal certifying entity, for inclusion on the registry of certified third-party providers maintained by the Secretary; and (II) each third-party provider the certification of which is withdrawn by the non-Federal certifying entity. (6) Timely decisions (A) Certification by Secretary Not later than 30 days after the date on which the Secretary receives an application from a third-party provider to be certified under the process described in paragraph (4)(A) for particular practices and conservation activities, the Secretary shall— (i) make a final decision with respect to such application; and (ii) if the final decision is to certify the third-party provider, include the name of the certified third-party provider on the registry of certified third-party providers maintained by the Secretary. (B) Certification by non-Federal certifying entity Not later than 10 days after the date on which the Secretary receives a notification from a non-Federal certifying entity that a third-party provider was certified, pursuant to subparagraph (B), (C), or (D) of paragraph (4), for particular practices and conservation activities, the Secretary shall include the name of the certified third-party provider on the registry of certified third-party providers maintained by the Secretary. (7) Streamlined certification Not later than 180 days after the date of enactment of the Farm, Food, and National Security Act of 2026, the Secretary shall establish a streamlined process for the Secretary and non-Federal certifying entities to use to certify under this section a third-party provider that has a relevant professional certification for particular practices and conservation activities, as determined by the Secretary.. (e) Administration Section 1242(f) of the Food Security Act of 1985 (16 U.S.C. 3842(f)) is amended— (1) in paragraph (1), by striking each of the programs specified in section 1241 and inserting conservation programs administered by the Secretary; (2) in paragraph (2), in the matter preceding subparagraph (A), by inserting or a non-Federal certifying entity before under this section; (3) by amending paragraph (3) to read as follows: (3) Update of certification process by the Secretary Not later than 1 year after the date of enactment of the Farm, Food, and National Security Act of 2026, and periodically thereafter, the Secretary shall— (A) review the certification processes under paragraphs (4)(A) and (7) of subsection (e); (B) make any adjustments considered necessary by the Secretary to— (i) increase the number of third-party providers delivering technical assistance; and (ii) improve the quality of technical assistance delivered by third-party providers; (C) conduct outreach to, and receive input on the barriers for third-party providers to become certified under this section from— (i) third-party providers that are, or have been, certified under this section; and (ii) other interested parties associated with eligible participants; and (D) set a target rate of utilization of third-party providers to deliver technical assistance across all conservation programs administered by the Secretary.; (4) in paragraph (4)(A)(i), by inserting (including maintenance) after implementation; (5) by striking paragraph (5) and inserting the following: (5) Payment amount (A) In general For payments provided by the Secretary under paragraph (2) or (3) of subsection (c), the Secretary shall determine payment amounts for technical assistance provided by third-party providers, which shall be at rates equivalent to, but that do not exceed, the cost to the Secretary of providing technical assistance directly to an eligible participant. (B) Considerations In determining payment amounts under subparagraph (A), the Secretary shall consider specialized equipment, frequency of site visits, training, travel and transportation, and such other factors as the Secretary determines to be appropriate. (C) Exclusion A payment provided under subsection (c)(3) shall be excluded from calculations relating to any cost-sharing requirements of the applicable conservation program under which the payment was provided. (6) Transparency Not later than 1 year after the date of enactment of the Farm, Food, and National Security Act of 2026, and periodically thereafter, the Secretary shall make publicly available information on— (A) funds obligated to third-party providers through— (i) contracts entered into between eligible participants and individual third-party providers; and (ii) agreements with public and private sector entities to secure third-party technical assistance; (B) the certification process under this section, including— (i) the number of third-party providers certified by the Secretary; (ii) the number of non-Federal certifying entities approved by the Secretary; (iii) the number of third-party providers certified by non-Federal certifying entities (other than State agencies and Indian Tribes); (iv) the number of third-party providers certified by Indian Tribes; (v) the number of third-party providers certified by State agencies; and (vi) the number of third-party providers certified through the streamlined certification process described in subsection (e)(7); (C) how third-party providers contribute to the quality and effectiveness of conservation practices implemented and adopted through conservation programs administered by the Secretary, and what improvements are needed; and (D) the target rate of utilization of third-party providers set under paragraph (3)(D) and how actual rate of utilization compares to the target rate.; and (6) by adding at the end the following: (7) Soil health planning The Secretary shall emphasize the use of third-party providers in providing technical assistance for soil health planning, including planning related to the use of cover crops, precision agriculture practices, comprehensive nutrient management planning, and other innovative plans.. (f) Review of conservation practice standards Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended— (1) in the subsection heading, by striking Review and inserting Establishment and review; (2) in paragraph (1)— (A) by amending subparagraph (A) to read as follows: (A) not later than 1 year after the date of enactment of the Farm, Food, and National Security Act of 2026, and at least every 5 years thereafter, complete a review of each conservation practice standard, including engineering design specifications;; (B) in subparagraph (C), by striking and at the end; (C) by amending subparagraph (D) to read as follows: (D) evaluate opportunities to increase flexibility in conservation practice standards in a manner that integrates new and innovative technologies that provide equivalent or improved natural resource benefits compared to the standards in effect at the time of the review;; and (D) by adding at the end the following: (E) provide a process for public input on each conservation practice standard under such review, including a process for consideration of State and local input; (F) publicly post a summary of any input received under subparagraph (E) and any decisions made relating to such input; and (G) revise any conservation practice standard based on the results of such review, as determined appropriate by the Secretary, and publish any such revised standard.; (3) by amending paragraph (3) to read as follows: (3) Process for establishment of interim and new conservation practice standards (A) In general Not later than 1 year after the date of enactment of the Farm, Food, and National Security Act of 2026, the Secretary shall develop a streamlined process under which the Secretary shall establish interim conservation practice standards and new conservation practice standards. (B) Development In developing the streamlined process under subparagraph (A), the Secretary shall— (i) ensure that the public can engage with the Department of Agriculture, including by recommending interim conservation practice standards; and (ii) establish— (I) the types of data, metrics, and other relevant information that are necessary for the establishment of interim conservation practice standards and new conservation practice standards; (II) the process by which an interim conservation practice standard may become a new conservation practice standard; and (III) specific requirements for an expedited review of a new conservation practice for the purpose of establishing a new conservation practice standard for such practice. (C) Considerations In establishing an interim conservation practice standard or a new conservation practice standard under this subsection, the Secretary shall consider— (i) input from State technical committees on recommendations that identify innovations or advancements in conservation practices; (ii) technological advancements, including advancements from projects developed under section 1240H; (iii) State and local input in the form of— (I) recommendations for interim conservation practice standards; and (II) partnership-led proposals for new and innovative techniques to facilitate implementing agreements and grants under this title; and (iv) input from native entities in the form of information relating to native traditional ecological knowledge that can inform conservation practice standards. (D) Innovative technology priority In reviewing conservation practice standards under this subsection, the Secretary shall prioritize the review of interim conservation practice standards and new conservation practice standards that integrate innovative technologies, including— (i) precision agriculture technologies; (ii) biological fertilizers, biostimulants, enhanced efficiency fertilizers, and other tools determined by the Secretary to reduce nutrient loss; (iii) animal feed additives; (iv) perennial production systems, including agroforestry and perennial forages and grain crops; and (v) any other innovative technology, as determined by the Secretary. (E) Transparency The Secretary shall make available on a public website a detailed description of the process for recommending, reviewing, and establishing interim conservation practice standards and new conservation practice standards under this paragraph.; (4) in paragraph (4)— (A) in the matter preceding subparagraph (A)— (i) by striking Agriculture Improvement Act of 2018 and inserting Farm, Food, and National Security Act of 2026; and (ii) by striking a report on and inserting a report detailing; (B) in subparagraph (A), by striking administrative and inserting streamlined; (C) in subparagraph (B), by striking and at the end; (D) in subparagraph (C), by striking the period at the end and inserting; and; and (E) by adding at the end the following: (D) any other information the Secretary determines useful to improve such streamlined process for reviewing and establishing conservation practice standards.; and (5) by adding at the end the following: (5) Office of Conservation Innovation (A) In general The Secretary shall establish within the Office of the Chief of the Natural Resources Conservation Service an Office of Conservation Innovation (referred to in this paragraph as the Office) which shall be under the direct supervision of the Chief. (B) Duties The Office shall— (i) provide support to the Chief in meeting the requirements of this subsection; and (ii) encourage innovation in conservation practices through— (I) revisions of existing conservation practice standards; (II) recommendations of interim conservation practice standards; and (III) recommendations of new conservation practice standards. (C) Staff The Chief shall detail to the Office not more than 6 employees of the Department of Agriculture who are technical specialists that possess an understanding of conventional, organic, and other production techniques, representing— (i) agronomy and agroecology (including soil health, biological nutrient sources, and compatible cover cropping systems); (ii) grazing lands ecology (including rangeland, pastureland, and grazed forest land); (iii) animal husbandry (including animal nutrition and feed management); (iv) water conservation, drainage water management, and irrigation engineering technology; (v) agricultural engineering (including animal waste management, energy, and structural measures); and (vi) forest ecology and agroforestry. (6) Funding The Secretary shall use funding from the annual appropriations for conservation operations of the Natural Resources Conservation Service to carry out this subsection.. (g) Direct hire authority Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended by adding at the end the following: (j) NRCS direct hire authority (1) In general The Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title), qualified candidates, as described in paragraph (2), directly to positions within the Natural Resources Conservation Service that provide technical assistance under conservation programs administered by the Natural Resources Conservation Service. (2) Qualifications Paragraph (1) applies to a candidate who— (A) is qualified to provide the technical assistance described in paragraph (1), as determined by the Secretary; and (B) meets qualification standards established by the Office of Personnel Management..Management.. (h) Addressing barriers to wildlife habitat connectivity Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is further amended by adding at the end the following: (k) Addressing barriers to wildlife habitat connectivity (1) In general The Secretary shall— (A) to the maximum extent practicable, fully incorporate nonstructural methods to control livestock distribution, such as virtual fencing, into the conservation practice standards; and (B) provide for the appropriate range of conservation practices and resource mitigation measures available to landowners using nonstructural methods described in subparagraph (A). (2) Availability of adequate technical assistance The Secretary shall ensure that adequate technical assistance is available for the implementation of— (A) nonstructural methods described in paragraph (1)(A); and (B) other practices that support wildlife habitat connectivity through Federal conservation programs..

•HR 7567 RHSEC. 2502

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