In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program—
(A) to foster new farming and ranching opportunities; and
(B) to enhance long-term environmental goals.
Incentives authorized by paragraph (1) may be provided to the following:
(A) Beginning farmers or ranchers.
(B) Socially disadvantaged farmers or ranchers.
(C) Limited resource farmers or ranchers.
(D) Indian tribes.
In accordance with section 552(b)(3) of title 5, except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)—
(i) shall not be considered to be public information; and
(ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture.
The information referred to in subparagraph (A) is information—
(i) provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources conservation program administered by the Natural Resources Conservation Service or the Farm Service Agency; and
(ii) that is proprietary (within the meaning of section 552(b)(4) of title 5) to the agricultural operation or land that is a part of an agricultural operation of the owner, operator, or producer.
Nothing in this section affects the availability of payment information (including payment amounts and the names and addresses of recipients of payments) under section 552 of title 5.
The Secretary may release or disclose to the Attorney General information covered by paragraph (1) to the extent necessary to enforce the natural resources conservation programs referred to in paragraph (1)(B)(i).
The Secretary may release or disclose information covered by paragraph (1) to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in providing technical and financial assistance described in paragraph (1)(B)(i) or collecting information from data gathering sites.
The person or Federal, State, local, or tribal agency that receives information described in clause (i) may release the information only for the purpose of assisting the Secretary—
(I) in providing the requested technical or financial assistance; or
(II) in collecting information from data gathering sites.
Information covered by paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form without naming any—
(i) individual owner, operator, or producer; or
(ii) specific data gathering site.
An owner, operator, or producer may consent to the disclosure of information described in paragraph (1).
The participation of the owner, operator, or producer in, and the receipt of any benefit by the owner, operator, or producer under, this chapter or any other program administered by the Secretary may not be conditioned on the owner, operator, or producer providing consent under this paragraph.
Section 2276(c) of title 7 shall apply with respect to the release of information collected in any manner or for any purpose prohibited by this subsection.
Nothing in this subsection—
(A) affects any procedure for data collection or disclosure through the National Resources Inventory; or
(B) limits the authority of Congress or the Government Accountability Office to review information collected or disclosed under this subsection.
The Secretary shall, to the extent practicable, avoid duplication in—
(1) the conservation plans required for—
(A) highly erodible land conservation under subchapter II;
(B) the conservation reserve program established under subpart B of part I of subchapter IV; and
(C) the wetlands reserve program established under subpart C of part I of subchapter IV; and
(2) the environmental quality incentives program established under part IV of subchapter IV.
Except for a person who is a tenant on land that is subject to a conservation reserve contract that has been extended by the Secretary, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the programs established under subchapters II through IV.
In the preparation and application of a conservation compliance plan under subchapter II or similar plan required as a condition for assistance from the Department of Agriculture, the Secretary shall permit persons to secure technical assistance from approved sources, as determined by the Secretary, other than the Natural Resources Conservation Service. If the Secretary rejects a technical determination made by such a source, the basis of the Secretary's determination must be supported by documented evidence.
The Secretary shall not enroll more than 25 percent of the cropland in any county in the programs administered under subparts B and C of part I of subchapter IV.
Not more than 10 percent of the cropland in a country 1 may be subject to an easement acquired under subpart C of part I of subchapter IV.
The Secretary may exceed the limitation in paragraph (1)(A), if the Secretary determines that—
(A) the action would not adversely affect the local economy of a county; and
(B) operators in the county are having difficulties complying with conservation plans implemented under section 3812 of this title.
The Secretary may grant a waiver to exclude acreage enrolled under subsection (c)(2)(B) or (f)(4) of section 3834 of this title from the limitations in paragraph (1)(A) with the concurrence of the county government of the county involved.
The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart C of part I of subchapter IV 2 that is used for the establishment of shelterbelts and windbreaks.
For each conservation program under subchapter IV, the Secretary shall develop procedures—
(1) to monitor compliance with program requirements;
(2) to measure program performance;
(3) to demonstrate whether the long-term conservation benefits of the program are being achieved;
(4) to track participation by crop and livestock types; and
(5) to coordinate activities described in this subsection with the national conservation program authorized under section 2004 of this title.
In carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage—
(1) the development of habitat for native and managed pollinators; and
(2) the use of conservation practices that benefit native and managed pollinators.
In carrying out each conservation program under this chapter, the Secretary shall ensure that the application process used by producers and landowners is streamlined to minimize complexity and eliminate redundancy.
The Secretary shall carry out a review of the application forms and processes for each conservation program covered by this subsection.
On completion of the review the Secretary shall revise application forms and processes, as necessary, to ensure that—
(i) all required application information is essential for the efficient, effective, and accountable implementation of conservation programs;
(ii) conservation program applicants are not required to provide information that is readily available to the Secretary through existing information systems of the Department of Agriculture;
(iii) information provided by the applicant is managed and delivered efficiently for use in all stages of the application process, or for multiple applications; and
(iv) information technology is used effectively to minimize data and information input requirements.
Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall submit to Congress a written notification of completion of the requirements of this subsection.
(Pub. L. 99–198, title XII, §1244, as added Pub. L. 107–171, title II, §2004(a), May 13, 2002, 116 Stat. 235; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–234, title II, §§2707(a), 2708, May 22, 2008, 122 Stat. 1077, 1079; Pub. L. 110–246, §4(a), title II, §§2707(a), 2708, June 18, 2008, 122 Stat. 1664, 1805, 1807.)
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Last modified: October 26, 2015