§ 3839aa-9. Agricultural water enhancement program
(a)
Definitions
In this section:
(1)
Agricultural water enhancement activity
The term “agricultural water enhancement activity” includes the following activities carried out with respect to agricultural land:
(A)
Water quality or water conservation plan development, including resource condition assessment and modeling.
(2)
Partner
The term “partner” means an entity that enters into a partnership agreement with the Secretary to carry out agricultural water enhancement activities on a regional basis, including—
(b)
Establishment of program
Beginning in fiscal year 2009, the Secretary shall carry out, in accordance with this section and using such procedures as the Secretary determines to be appropriate, an agricultural water enhancement program as part of the environmental quality incentives program to promote ground and surface water conservation and improve water quality on agricultural lands—
(c)
Partnership agreements
(1)
Agreements authorized
The Secretary may enter into partnership agreements to meet the objectives of the program described in subsection (b).
(2)
Applications
An application to the Secretary to enter into a partnership agreement under paragraph (1) shall include the following:
(B)
A description of the agricultural water quality or water conservation issues to be addressed by the partnership agreement.
(C)
A description of the agricultural water enhancement objectives to be achieved through the partnership.
(d)
Agricultural water enhancement activities by producers
The Secretary shall select agricultural water enhancement activities proposed by producers according to applicable requirements under the environmental quality incentives program.
(e)
Agricultural water enhancement activities by partners
(1)
Competitive process
The Secretary shall conduct a competitive process to select partners. In carrying out the process, the Secretary shall make public the criteria used in evaluating applications.
(2)
Authority to give priority to certain proposals
The Secretary may give a higher priority to proposals from partners that—
(3)
Priority to proposals from States with water quantity concerns
The Secretary shall give a higher priority to proposals from partners that—
(f)
Areas experiencing exceptional drought
Notwithstanding the purposes described in section
3839aa of this title, the Secretary shall consider as an eligible agricultural water enhancement activity the use of a water impoundment to capture surface water runoff on agricultural land if the agricultural water enhancement activity—
(g)
Waiver authority
To assist in the implementation of agricultural water enhancement activities under the program, the Secretary shall waive the applicability of the limitation in section
1308–3a
(b)(2)(B) of title
7 for participating producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program.
(h)
Payments under program
(1)
In general
The Secretary shall provide appropriate payments to producers participating in agricultural water enhancement activities in an amount determined by the secretary [1] to be necessary to achieve the purposes of the program described in subsection (b).
(2)
Payments to producers in States with water quantity concerns
The Secretary shall provide payments for a period of five years to producers participating in agricultural water enhancement activities under proposals described in subsection (e)(3) in an amount sufficient to encourage producers to convert from irrigated farming to dryland farming.
(i)
Consistency with State law
Any agricultural water enhancement activity conducted under the program shall be conducted in a manner consistent with State water law.
(j)
Funding
[1] So in original. Probably should be “Secretary”.