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S. 5526IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2404 · S. 5526

Delivery of technical assistance

Title II — Conservation › Subtitle D — Funding and administration

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Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) Approved non-Federal certifying entity The term approved non-Federal certifying entity means a non-Federal entity approved by the Secretary under subsection (e)(5)(C)(ii) to perform certifications of third-party providers under this section.; and (C) by inserting after paragraph (2) (as so redesignated) the following: (3) Farmer-to-farmer network The term farmer-to-farmer network means any affiliation or association of farmers that share information, technical assistance, or any other type of mutually beneficial support.; (2) in subsection (b), by striking science-based, site-specific practices designed and inserting timely, science-based, and site-specific practice design and implementation assistance; (3) in subsection (d), by inserting (including private sector entities) after non-Federal entities; (4) in subsection (e)— (A) in paragraph (2), by striking Food, Conservation, and Energy Act of 2008 and inserting Agricultural Act of 2026; (B) in paragraph (3)(A), by striking ensure and all that follows through engineering, and inserting ensure that third-party providers with expertise in the technical aspects of conservation planning, watershed planning, environmental engineering, conservation practice design, implementation, and evaluation, or other technical skills, as determined by the Secretary,; and (C) by striking paragraphs (4) and (5) and inserting the following: (4) Certification 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; (B) a non-Federal entity (other than a State agency) approved by the Secretary to perform the certification; or (C) a State agency with statutory authority to certify, administer, or license professionals in one or more fields of natural resources, agriculture, or engineering approved by the Secretary to perform the certification. (5) Non-Federal certifying entity process (A) Establishment Not later than 180 days after the date of enactment of the Agricultural Act of 2026, the Secretary shall establish a process for the certification of third-party providers through approved non-Federal certifying entities, with the goal of increasing third-party provider capacity, including the certification of qualified agricultural retailers, cooperatives, professional societies, service providers, and organizations described in section 1265A(4)(B)(i). (B) Eligibility of non-Federal entities In determining the eligibility of an entity described in subparagraph (B) or (C) of paragraph (4) (referred to in this paragraph as a non-Federal entity) to perform certifications, the Secretary shall consider— (i) the ability of the non-Federal entity to assess qualifications of a third-party provider and certify third-party providers at scale; (ii) the experience of the non-Federal entity in working with third-party providers and eligible participants; (iii) the expertise of the non-Federal entity in the technical and science-based aspects of conservation delivery described in paragraph (3)(A); (iv) the history of the non-Federal entity in working with agricultural producers; and (v) such other qualifications as the Secretary determines to be appropriate. (C) Approval Not later than 60 business days after the date on which the Secretary receives an application submitted by a non-Federal entity to perform certifications of third-party providers under this section, the Secretary shall— (i) determine if the non-Federal entity meets the eligibility requirements established under subparagraph (B); and (ii) if the Secretary makes a positive determination under clause (i), approve the non-Federal entity to perform certifications of third-party providers under this section. (D) Timely decisions Not later than 10 business days after the date on which the Secretary receives a notification submitted by a third-party provider that the third-party provider has been certified by an approved non-Federal certifying entity to provide technical assistance for specified practices and conservation activities, the Secretary shall— (i) review the certification; and (ii) if the certification is satisfactory to the Secretary, include the name of the third-party provider on the registry of certified third-party providers maintained by the Secretary. (E) Duties of approved non-Federal certifying entities An approved 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; and (ii) provide to third-party providers certified by the approved non-Federal certifying entity— (I) training to ensure that the third-party providers are qualified to provide the technical assistance described in clause (i); and (II) continuing education, as appropriate, to ensure that the third-party providers are educated in the most recent technical- and science-based aspects of conservation delivery. (6) Streamlined certification Not later than 180 days after the date of enactment of the Agricultural Act of 2026, the Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a certified crop advisor certified by the American Society of Agronomy, a professional engineer, or a holder of a technical certification approved by the Secretary.; (5) in subsection (f)— (A) by striking paragraph (3) and inserting the following: (3) Review Not later than 1 year after the date of enactment of the Agricultural Act of 2026, and additionally thereafter at the discretion of the Secretary, the Secretary shall— (A) review certification requirements for third-party providers; (B) make any adjustments considered necessary by the Secretary to improve participation and the quality and effectiveness of conservation practices implemented and adopted with support from technical service providers; and (C) conduct outreach to and receive input from third-party providers, both that currently participate in the program under this section and those that no longer participate in the program, and entities, organizations, and associations providing or supporting consultative services to agriculture, livestock, and forest producers to assess barriers and opportunities for the use of third-party provider assistance for improved conservation program delivery.; (B) in paragraph (4)(A)(i), by inserting maintenance, after outreach,; and (C) by striking paragraph (5) and inserting the following: (5) Payment amounts (A) In general The Secretary shall establish fair and reasonable amounts of payments for technical services provided by third-party providers at rates equivalent to, but that do not exceed, technical assistance provided by the Secretary. (B) Considerations In determining fair and reasonable 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 another Federal program directly to an eligible participant for technical assistance provided by a third-party provider certified under this section shall be— (i) excluded from cost-sharing requirements under the program under which the payment was provided; and (ii) equal to not more than 100 percent of the fair and reasonable payment amount for the applicable technical assistance determined under subparagraph (B). (6) Transparency Not later than 1 year after the date of establishment of the processes under paragraphs (5)(A) and (6) of subsection (e), and routinely thereafter, the Secretary shall provide accessible public information on— (A) funds obligated to third-party providers through— (i) contracts entered into under this subtitle; and (ii) agreements with public and private sector entities to secure third-party technical assistance; (B) certification results, including— (i) the number of third-party providers certified by the Secretary; (ii) the number of approved non-Federal certifying entities; (iii) the number of third-party providers certified through approved non-Federal certifying entities; and (iv) the number of third-party providers certified based on State agency or professional association credentialing; and (C) to the maximum extent practicable, the estimated number of staff hours or full-time equivalents saved through work accomplished by third-party providers.; and (6) by adding at the end the following: (j) Provision of assistance to Farmer-to-Farmer networks (1) Purposes The purposes of this subsection are— (A) to build capacity for farmer-to-farmer networks, connect farmers with mentors or group learning opportunities, and support goal setting to increase long-term adoption of consistent, science-based, site-specific practices designed to achieve conservation objectives on land active in agricultural, forestry, or related uses; (B) to increase the provision of technical assistance that meets the specific needs of, and is accessible to, farmers, ranchers, and forest owners using different farming models, practices, and scales; (C) to establish and steward farmer-to-farmer networks; and (D) to establish reporting requirements for activities carried out under this subsection. (2) Cooperative agreements (A) In general The Secretary may enter into cooperative agreements with eligible entities to carry out the purposes described in paragraph (1). (B) Eligible entities An entity eligible to enter into a cooperative agreement with the Secretary under subparagraph (A) is— (i) a nonprofit entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; (ii) a farmer-to-farmer network; (iii) an Indian Tribe; (iv) a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); (v) a unit of local government (including a conservation district and a conservation district association); (vi) an institution of higher education; (vii) a State; and (viii) any other entity designated by the Secretary. (C) Prioritization In selecting eligible entities with which to enter into cooperative agreements under subparagraph (A), the Secretary shall give priority to eligible entities that seek to meet the specific needs of, and are accessible to— (i) historically underserved farmers, ranchers, and forest owners, including limited-resource farmers, ranchers, and forest owners (as determined by the Secretary); or (ii) farmers, ranchers, and forest owners operating in high-poverty areas, as determined by the Secretary. (3) Responsibilities of providers of assistance to farmer-to-farmer networks (A) In general If an eligible entity provides assistance to establish a farmer-to-farmer network using assistance provided through a cooperative agreement under paragraph (2), the eligible entity shall be responsible for not less than 2 of the following actions: (i) Facilitating and increasing farmer access to farmer-to-farmer networks. (ii) Facilitating mentor and mentee matchmaking among farmers. (iii) Coordinating training and resources to build the skills of farmer-to-farmer network leaders and participants for effective education, grassroots-based learning, and cross-training with respect to the facilitation of, information about, and other skills with respect to building effective farmer-to-farmer networks. (iv) Maintaining and promulgating a list of relevant entities, associations, and individuals that are supporting, or have an interest in supporting, farmer-to-farmer networks. (v) Administering subawards to increase farmer access to farmer-to-farmer assistance in accordance with paragraph (4). (vi) Other actions determined appropriate by the Secretary. (B) Language assistance If an eligible entity provides assistance described in subparagraph (A) to a non-English speaking farmer, rancher, or forest owner, the eligible entity shall, to the greatest extent practicable, provide that assistance in the native language of the farmer, rancher, or forest owner. (C) Reporting An eligible entity that enters into a cooperative agreement under paragraph (2) shall annually submit to the Secretary a report describing— (i) the conservation activities carried out under the cooperative agreement; and (ii) any subawards administered pursuant to subparagraph (A)(v). (4) Subawards (A) In general If an eligible entity awards a subaward pursuant to paragraph (3)(A)(v) to an eligible subawardee described in subparagraph (B), the eligible subawardee shall use that award— (i) to plan and conduct events, and identify and develop innovative activities, to support building capacity for farmer-to-farmer networks, connecting farmers with mentors or group learning opportunities, and supporting goal setting to increase long-term adoption of consistent, science-based, site-specific conservation objectives on land active in agricultural, forestry, or related uses; and (ii) to compensate participants in the events and activities described in clause (i) at market rates. (B) Eligible subawardees An entity eligible for a subaward under paragraph (3)(A)(v) is— (i) a nonprofit entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; (ii) a farmer-to-farmer network; (iii) an Indian Tribe; (iv) a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); (v) a unit of local government (including a conservation district and a conservation district association); (vi) an institution of higher education; (vii) an individual; and (viii) any other entity designated by the Secretary. (C) Requirements The Secretary, in conjunction with the Chief of the Natural Resources Conservation Service, shall establish any necessary additional requirements for subawards under paragraph (3)(A)(v). (5) Reporting Not later than 4 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the status of activities funded under this subsection, including— (A) funding awarded; (B) the results of the activities, including, if feasible, conservation practice adoption outcomes; and (C) if applicable, outreach activities the Secretary has considered incorporating into other conservation technical assistance efforts as a result of the program established under this subsection. (6) Funding In carrying out this subsection, the Secretary may use funds appropriated by Congress under section 6 of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590f)..

Sec. 2404: Delivery of technical assistance · Public Law Tracker