Conservation Security Program: Implementation and Current Issues

Similar documents
Soil and Water Conservation: An Overview

Soil and Water Conservation: An Overview

Agricultural Conservation and the Next Farm Bill

Issue Brief for Congress Received through the CRS Web

Agricultural Conservation: A Guide to Programs

Agricultural Conservation: A Guide to Programs

ARIZONA ASSOCIATION OF CONSERVATION DISTRICTS STRATEGIC PLAN P age 75 Years of Locally Led Conservation

Specialty Crop Farm Bill Alliance 2012 Farm Bill Policy Recommendations

An Overview of USDA-NRCS Programs Regional Conservation Partnership Program Statewide Priorities

STATE OF NEW JERSEY. SENATE, No SENATE BUDGET AND APPROPRIATIONS COMMITTEE STATEMENT TO. with committee amendments DATED: NOVEMBER 9, 2015

CRP Enrollment Status

Manufacturing Extension Partnership Program: An Overview

This MOU is entered into in accordance with the Soil Conservation and Domestic Allotment

AGRICULTURE APPROPRIATIONS CHART FISCAL YEAR 2013 PRESIDENT'S BUDGET REQUEST

Tennessee Department of Agriculture--Water Resources Program

AGRICULTURE APPROPRIATIONS CHART FISCAL YEAR 2016 HOUSE AND SENATE COMMITTEES

NATIONAL SUSTAINABLE AGRICULTURE COALITION S AGRICULTURE APPROPRIATIONS CHART FISCAL YEAR 2012 FINAL CONFERENCE REPORT

CRS Report for Congress

Agricultural Research, Education, and Extension: Issues and Background

Agriculture, Nutrition, and Rural Provisions in the American Recovery and Reinvestment Act (ARRA) of 2009

Rules and Regulations

Exemptions from Environmental Law for the Department of Defense: Background and Issues for Congress

STRENGTHENING THE REGIONAL CONSERVATION PARTNERSHIP PROGRAM FOR THE CHESAPEAKE BAY REGION

Nutrient Management Update. and. Producer Led Watershed Grants

MARIN RESOURCE CONSERVATION DISTRICT SERVICE REVIEW AND SPHERE OF INFLUENCE UPDATE

Agricultural Export and Food Aid Programs

Cumberland County Conservation District Strategic Plan Adopted June 23, 2009

Exemptions from Environmental Law for the Department of Defense: Background and Issues for Congress

Cooperative Conservation Partnership Initiative and Wetlands Reserve Enhancement Program

Land and Water Conservation Fund: Appropriations for Other Purposes

WikiLeaks Document Release

2018 Farm Bill Update

Comparison of the House and Senate 2007 Farm Bills

MEMORANDUM OF UNDERSTANDING COOPERATIVE ECOSYSTEM STUDIES UNITS NETWORK

MEMORANDUM OF UNDERSTANDING COOPERATIVE ECOSYSTEM STUDIES UNITS NETWORK

ROOT RIVER SOIL & WATER CONSERVATION DISTRICT

Small Business Innovation Research (SBIR) Program

CRS Report for Congress

West Virginia Riparian Forest Buffer Initiative State Task Force. Final Interim Report - Federal

SUBCHAPTER 59D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL SECTION AGRICULTURE COST SHARE PROGRAM

APLU Analysis of the Administration s FY2018 Budget Request

Surry Soil & Water Conservation District & Natural Resources Conservation District Dobson Field Office

Chesapeake Bay Watershed Assistance Network Access to Federal Funds

FOREST SERVICE MANUAL NATIONAL HEADQUARTERS (WO) WASHINGTON, DC

2008 Combined Clean Water Legacy Grant Application Id#: Use TAB key to move from field to field

Department of Defense. Natural Resources Funding Manual

LEADS PRODUCER PROGRAM GUIDE. Lake Erie Agriculture Demonstrating Sustainability

Small Business Innovation Research (SBIR) Program

Presenter. Teal Edelen Manager, Central Partnership Office National Fish and Wildlife Foundation. Panelists:

Prepared for Members and Committees of Congress

Agricultural Research, Extension, and Education: Farm Bill Issues

Grants for Growers. December 9, 2015

GENESEE COUNTY SOIL AND WATER CONSERVATION DISTRICT. Organizational Chart

The Fiscal 2018 Omnibus Spending Bill

Eco-Enterprise Zones: An idea looking for a home

Statement of Chairwoman Rosa DeLauro Subcommittee Markup: Fiscal Year 2009 Agriculture, Rural Development, FDA Appropriations Bill

a GAO GAO ENDANGERED SPECIES PROGRAM Information on How Funds Are Allocated and What Activities Are Emphasized

CRS Report for Congress Received through the CRS Web

Reauthorization in the 110 th Congress of the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973

STATEMENT OF The American Association of State Highway and Transportation Officials

Agricultural Research, Extension, and Education: Farm Bill Issues

Erosion Control and Water Management Program Policy

PIEDMONT SOUTH ATLANTIC COAST COOPERATIVE ECOSYSTEM STUDIES UNIT. AMENDMENT ONE TO COOPERATIVE and JOINT VENTURE AGREEMENT.

National Association of State Conservation Agencies In Completion of Requirements Of Contribution Agreement Number 68-3A

Domestic Food Assistance: Summary of Programs

FARM GRANT PROGRAMS through the Mass Department of Agricultural Resources and the USDA Natural Resources Conservation Service

Conservation Partners Program

U.S. Global Food Security Funding, FY2010-FY2012

Science Policy Issues and Legislation in the 110 th Congress

Broadband Loan and Grant Programs in the USDA s Rural Utilities Service

FY2010 Department of Homeland Security Assistance to States and Localities

Maryland Agricultural Certainty Program

Arizona Department of Agriculture

Delayed Federal Grant Closeout: Issues and Impact

Federal and State Incentives for Wind Development

Arkansas Natural Resources Commission

Fiscal Year 2011 Department of Homeland Security Assistance to States and Localities

ALTERNATIVE SOURCES OF FUNDING FOR

CLINTON CONSERVATION DISTRICT 2016 ANNUAL REPORT

Green economy, finance, and trade studies an update

DEPARTMENT OF AGRICULTURE AGENCY: Natural Resources Conservation Service, Commodity Credit Corporation

FY 2010 BUDGET SUMMARY AND ANNUAL PERFORMANCE PLAN U.S. DEPARTMENT OF AGRICULTURE

State Certainty Programs for Agricultural Producers: Formula for a Positive Future?

Wake Soil & Water Conservation District

CRS Report for Congress

Medicaid and Block Grant Financing Compared

The Advanced Technology Program

The House and Senate overwhelmingly approved the legislation. The vote in the Senate was 91-7 and in the House of Representatives.

1. Webinar Instructions 2. Overview of Chesapeake Bay Stewardship Fund 3. Review of 2016 Chesapeake Bay Stewardship Fund RFP 4.

Edward Byrne Memorial Justice Assistance Grant (JAG) Program

An Invitation: Establishing a community forest with the U.S. Forest Service

Executive Summary. Purpose

AGENCY: Office of Postsecondary Education, Department of. SUMMARY: The Secretary adopts as final, without change, the

CHECKLIST AND GUIDANCE

Water Trust Board 2019 Application Overview and Frequently Asked Questions

PA Chesapeake Bay Watershed Implementation Plan Agricultural Section Strategy to Fill Gaps Update February 2012

Commodity Credit Corporation and Foreign Agricultural Service. Notice of Funding Availability: Inviting Applications for the Emerging Markets

Inventory of Potential Grant Funding. The Juniper Group of Prineville. Last Revised January 2007

Community Services Block Grants (CSBG): Background and Funding

Domestic Food Assistance: Summary of Programs

Transcription:

Order Code RS21740 Updated April 24, 2008 Summary Conservation Security Program: Implementation and Current Issues Tadlock Cowan Analyst in Natural Resources and Rural Development Policy Resources, Science, and Industry Division The Conservation Security Program (CSP), authorized in the 2002 farm bill (P.L. 107-171), is a voluntary program providing financial and technical assistance for conservation and improvement of natural resources on tribal and private working lands within selected watersheds. CSP is administered by USDA s Natural Resource Conservation Service (NRCS) and funded through the Commodity Credit Corporation. Financial assistance is based on three tiers of participation, with each tier representing a higher degree of resource management standards. Contracts extend from 5 to 10 years. The House and Senate farm bills (H.R. 2419) would alter CSP by authorizing, respectively, a New Conservation Security Program (Section 2103) and a new Conservation Stewardship Program (Section 2341). The first enrollment for CSP was in July 2004 covering 18 watersheds in 22 states. A second enrollment in November 2005 was implemented in 220 watersheds nationwide. These two enrollments resulted in 15,000 contracts with landowners on 12.1 million acres of working agricultural lands. A third enrollment period was announced in February 2006 for 60 watersheds, including ones in Guam and the Caribbean. In that year, 4,323 contracts were accepted, adding more than 3.6 million acres. No new contracts were signed in FY2007. A fourth sign-up period is underway April 18-May 17, 2008, for eligible farms and ranches in 51 new watersheds. This report will be updated periodically. Background CSP in the 2002 Farm Bill. The Conservation Security Program (CSP) is an agricultural conservation program authorized by the 2002 farm bill (P.L. 107-171, 2001). CSP is administered by the U.S. Department of Agriculture s Natural Resource Conservation Service (NRCS). It provides incentives for farmers to pursue conservation and helps pay for conservation practices. Unlike some other agricultural conservation programs, CSP provides payments for conservation on land that remains in production and makes eligible a wide range of farmland: cropland, pastureland, rangeland, grassland, prairie land, tribal lands, and forested lands incidental to an agricultural operation. By

CRS-2 statute, CSP payments to farmers are based on three levels or tiers of participation, with each successive tier obligating the producer to meet higher standards of environmental management:! For Tier I, the producer must have addressed soil quality and water quality to the described minimum level of treatment for eligible land uses on part of the agricultural operation prior to acceptance. Contracts for Tier I last for five years and are capped at $20,000 annually.! For Tier II, the producer must have addressed soil quality and water quality to the described minimum level of treatment on all eligible land uses on the entire agricultural operation prior to acceptance and must agree to address one additional resource by the end of the contract period. Contracts for Tier II last for 5-10 years and are capped at $35,000 annually.! For Tier III, the producer must have addressed all applicable resource concerns to a resource management system level that meets the NRCS Field Office Technical Guide standards on all eligible land uses on the entire agricultural operation before acceptance into the program and have riparian zones adequately treated. Contracts for Tier III last for 5-10 years and are capped at $45,000 annually. The 2002 farm bill placed no acreage or funding limits on the CSP, and stated that in entering into conservation security contracts...[nrcs] shall not use competitive bidding or any similar procedure. At the time of enactment, the Congressional Budget Office (CBO) estimated that CSP would cost $2.0 billion over ten years. Later projections increased the cost (see below). CSP is funded by mandatory spending through the borrowing authority of the Commodity Credit Corporation. 1 CSP in the 2008 House and Senate Farm Bills. The House-passed farm bill would authorize a New Conservation Security Program (H.R. 2419, Section 2103) through FY2017. Similar provisions as authorized in the 2002 farm bill would continue in the New CSP program, although there are changes as well. Contracts under the New CSP may include on-farm conservation and demonstration activities and pilot testing of new conservation practices. Contracts would be for five years with the possibility of renewal for another five years. In evaluating CSP applications, cost-benefit criteria would be applied to support program effectiveness, and states would be able to identify priority resources for conservation management. New indicators to measure program effectiveness would also be developed by USDA. Stewardship enhancement payments would be made to CSP contract holders for ongoing maintenance of conservation practices and improvement to conservation practices. No new contracts would be permitted under the CSP authorized by the 2002 farm bill. Contracts signed prior to 1 The CCC, a wholly owned government corporation, is essentially the financing institution for the USDA s farm price and income support programs and, more recently, conservation programs. It derives its funding through a $30 billion line of credit with the U.S. Treasury, and receives an annual appropriation of such sums as necessary to cover its operating losses and to repay its debt.

CRS-3 enacting the 2008 farm bill, however, would continue to receive payments under terms of the 2002 CSP. The Senate-passed farm bill reauthorizes the existing program and provides $2.32 billion to administer contracts entered into prior to enacting the 2008 farm bill. Similar to the House-passed bill, the Senate measure also prohibits any new contracts under the terms of the 2002 CSP. The Senate-passed bill (H.R. 2419, Section 2341) would create a new Comprehensive Stewardship Incentives Program consisting of two programs: (1) a Conservation Stewardship Program with many similar provisions of the existing CSP and (2) the Environmental Quality Incentives Program. The Senate measure would make the program available on a continuous enrollment basis rather than periodic sign-ups, provide assistance to producers, maintain contract and payment information to support program monitoring and evaluation, and enable specialty crop producers to participate. The bill also provides for enrollment of up to 79.6 million acres, provides for small farm participation, and allocates to each state each year the lesser of 20,000 acres or 2.2% of the eligible land. CSP Appropriations, FY2002-FY2008. During the 2002 farm bill debate, some raised concerns about the potential costs of CSP and the wisdom of devoting unlimited funding to a new, unproven program, but pressures to complete action on the farm bill overcame those concerns. CSP received no funding in FY2002. In 2003, CBO revised its estimate of CSP costs to $6.8 billion over ten years, and the FY2003 Consolidated Appropriations Resolution limited spending for CSP to $3.7 billion through FY2013 to offset the cost of farm disaster assistance. 2 The FY2004 Consolidated Appropriations Act eliminated this 10-year cap but established an FY2004 CSP one-year funding limit of $41.4 million. 3 In March 2004, CBO revised its estimate of CSP costs to $8.9 billion over 10 years (2005-2014). CBO s January 2007 baseline budget estimated CSP would cost $7.6 billion over the next ten years (FY2007-FY2016). 4 In October 2004, Congress limited CSP to $6.037 billion for the 10-year period of 2005-2014. 5 This allowed appropriators to direct the resulting $2.9 billion in budget savings to offset the cost of agricultural disaster assistance. The FY2005 Consolidated Appropriations Act (P.L. 108-447) placed an FY2005 limit on CSP of $202.4 million (Division A, Title VII, 741). For FY2006, appropriators limited CSP funding to $259 million. P.L. 110-5 also limited FY2007 funding to $259 million and provided no funding for new contracts. For FY2008, approximately $382 million is available to support the existing 19,375 contracts signed in previous years. CBO s March 2008 estimate projects CSP costing $10.4 billion FY2008-2017. 2 P.L. 108-7, Division N, Title II, 216. 3 P.L. 108-199, Division A, Title VII, 752. 4 For a discussion of the changing cost estimates of the CSP Conservation Security Program: Despite Cost Controls, Improved USDA Management Is Needed to Ensure Proper Payments and Reduce Duplication with Other Programs, GAO-06-312, April 28, 2006. 5 Division B, 101, of the FY2005 Military Construction Appropriations Act (P.L. 108-324).

CRS-4 Implementation of CSP. On January 2, 2004, NRCS published a proposed rule describing how it would prioritize the limited FY2004 funding. It proposed to implement CSP in certain watersheds on a rotating basis; to require producers to meet strict eligibility criteria; to sort producers applications into enrollment categories; and to reduce certain CSP payments (69 Federal Register 194). This proved controversial, since the farm bill included broad eligibility criteria and did not include prioritizing funds. NRCS received over 20,000 specific comments on the proposed rule. On May 4, NRCS published a notice stating it would proceed with its proposed approach for the 2004 CSP signup, and detailed how it would select watersheds (69 Federal Register 24560). On June 21, 2004, NRCS published an interim final rule (69 Federal Register 34502) finalizing its prioritization process for the 2004 CSP signup. NRCS accepted comments on the interim final rule through October 5, 2004, and published an amended interim final rule on March 25, 2005. A final rule has not been issued and is unlikely to be issued before the 2008 farm bill is enacted. An additional 202 watersheds nationwide were selected for the second CSP enrollment in 2005. For 2006, 60 more watersheds were selected, including ones in the Caribbean and Guam. For the 2008 sign-up, 51 new water sheds were added, bringing the total number of participating watersheds to 331. 6 Eligibility Criteria for the FY2004-FY2008 Enrollments The CSP enrollment process is currently guided by the interim final rule issued on March 25, 2005. Enrollment requirements include strict eligibility criteria and prioritize CSP funding by watershed area and by enrollment categories. NRCS calls this approach rewarding the best and motivating the rest. Producer Eligibility Requirements. The 2002 farm bill set fairly general guidelines for eligibility in the CSP. Producers must share in the risk of production, contribute to farm operations in a manner commensurate with revenues received, develop an approved Conservation Security Plan that details conservation activities to be implemented, and sign a Conservation Security Contract. The interim rule mandates the following further steps. Producers Must Inventory Natural Resources. The interim rule ( 1469.7(a)) requires producers to complete a self-assessment, including a Benchmark Condition Inventory, prior to applying to CSP. This details the type of agricultural operation, land uses, existing conservation practices, resource concerns, and the producer s willingness to do additional conservation in the future. NRCS uses this to determine the producer s eligibility, place the producer in an enrollment category (see below), and determine the appropriate CSP tier of participation. Producers must submit two years of documentation to show past stewardship, including fertilizer, pesticide, and nutrient application schedules, and tilling and grazing schedules. Producers Must Treat Both Soil and Water. While the farm bill required producers to treat at least one resource under CSP, the interim final rule requires producers to treat two resources soil and water quality before applying to the 6 Maps of these participating watersheds may be found at the following link: [http://www.nrcs.usda.gov/programs/csp].

CRS-5 program. 7 Additional eligibility criteria were included in the 2005 and 2006 enrollment notices. CSP Applications Prioritized. The interim final rule established two methods of prioritizing applications, neither of which was mentioned in the farm bill statute. The first includes ranking watersheds nationwide by various criteria and selecting certain of those watersheds to be eligible for CSP. The second involves placing applications into various enrollment categories based on the applicant s current conservation efforts and willingness to do additional conservation. Criteria for Selecting Eligible Watersheds. For the 2004 signup, NRCS ranked over 2,000 watersheds nationwide. Through National Resources Inventory data, NRCS ranked watersheds based on concentrations of eligible land uses; intensity of pesticide, fertilizer, and manure use; and prevalence of historic and recent conservation efforts. Once watersheds were ranked, NRCS prioritized them further by selecting those it considered to be improving according to these criteria. NRCS estimated in 2004 that by 2012 CSP could rotate through all 2,264 watersheds. NRCS Places Applications in Enrollment Categories. For the FY2006 enrollment, there were five categories (A-E) and five groups (1-5) within each tier. Acreage is enrolled based on the ranking of grazing and cropping systems on various soil, water, and wildlife habitat quality indicators and performance/management levels. Categories were funded nationally in priority order (beginning with category A ) until funding was exhausted. The FY2006 notice also specified that if subcategories cannot be fully funded, applicants would be offered the FY2006 CSP contract payment on a prorated basis. 8 Stewardship or Base Payment. This is a payment tied to the number of acres enrolled in CSP. The stewardship component is calculated separately for each land use by multiplying the number of acres times the tier factor (5%-15%) times the stewardship payment rate established for the watershed (based on land rental rates) times the tier reduction factor (25%-75%). This reduction factor was not authorized in the original legislation and reduces this part of the CSP payment. Payments for New and Existing Practices. The farm bill restricts payments for new and existing practices to not more than 75% of the practice cost (this rises to 90% for beginning farmers and ranchers). For FY2006 contracts, existing practice payments were calculated as a flat rate of 25% of the stewardship payment, and new practice payments were made at not more than 50% cost-share rate. For FY2006, all new practice payments were limited to a $10,000 cumulative total for the contract. 7 According to the NRCS, determining soil quality involves evaluating the amount of organic matter in the soil, its fitness as a seedbed, and other factors. Assessing water quality involves evaluating the level of pesticides, nutrients, turbidity or other contaminants in water. 8 The Federal Register announcement for the FY2006 enrollment provides detailed information on the criteria of different enrollment categories. See 71 Federal Register 6250-6263, February 7, 2006.

CRS-6 Enhancement Payments. The farm bill lists five activities a participant can carry out that qualify for enhancement payments, including implementing multiple conservation practices; addressing local conservation priorities; participating in on-farm research; participating in a watershed or regional conservation plan; and assessing and evaluating conservation activities. The interim final rule specified only two types of enhancement components as available in the FY2004 sign-up. For FY2006, the enhancement payment was calculated at a variable payment rate for activities that were part of the benchmark inventory. The total of all enhancement payments to an individual producer in any one year ranges from $13,750 to $28,125, depending on the tier. 2008 CSP Sign-Up. NRCS announced a new CSP sign-up to run from April 18, 2008, to May 17, 2008, in 51 new watersheds. The Federal Register notice stated that NRCS intends to deliver a technically enhanced, streamlined version of CSP for the sign-up. 9 The sign-up will pilot several new eligibility tools for soil and water, grazing lands, and wildlife habitat. Payments will be made uniformly over the five-year contract period rather than declining over the contract period as they do for current contracts. There will be no contract improvement modification opportunities or payments for new practices as with previous CSP contracts. As was the case with the 2006 sign-up, priority will be given to Tier II and Tier III applications. Issues for Congress A continuing issue for Congress may concern whether NRCS s implementation of CSP is consistent with congressional intentions. On one hand, congressional authorizers crafted CSP as an entitlement program with unlimited funding; on the other, congressional appropriators have since limited that funding. Authorizers specified broad eligibility criteria in the farm bill, but due to funding limits NRCS created strict procedures that applicants must follow in order to qualify. NRCS argues that because the farm bill placed a statutory 15% limit on CSP technical assistance, CSP implementation will be constrained. Congressional CSP proponents have disputed this. Several new activities authorized (e.g., the energy conservation component of CSP) as well as measures authorized in the 2008 farm bill may create further demand for the program in an environment of budget constriction. CSP s potential status as a green box program under the World Trade Organization (WTO) structure could become an issue, although the program is comparatively small. In WTO parlance, green box programs (which pay producers for environmental services) are not subject to reductions under the WTO. CSP payments through 2005 have been notified to the WTO as green box. Some CSP spending, however, may not conform to WTO criteria, although the program has not been formally challenged. While CSP s green box status is arguably a possible advantage to the program, others have raised the concern that current CSP base (i.e., stewardship payments) and enhancement payments might be considered trade-distorting under WTO guidelines. 10 9 Federal Register, Vol.73, No. 60, pp. 16246-16259. March 27, 2008. 10 See CRS Report RL34010, WTO Compliance Status of Conservation Security Program and the Conservation Reserve Program, by Randy Schnepf.