Technical Assistance for Agriculture Conservation
Congressional research reportJan 7, 2011
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Technical Assistance for
Agriculture Conservation
(name redacted)
Analyst in Agricultural Conservation and Natural Resources Policy
January 7, 2011
Congressional Research Service
7-....
www.crs.gov
RL34069
CRS Report for Congress
Prepared for Members and Committees of Congress
Technical Assistance for Agriculture Conservation
Summary
Agricultural conservation technical assistance has taken on a number of dimensions over its long
and continuously evolving history. In the most general terms, technical assistance is a service
assisting landowners and agricultural producers in conserving natural resources. Addressing
natural resource concerns across different landscapes frequently requires multiple disciplines
working together to provide a collective pool of conservation knowledge. The current federal
framework for applying this conservation knowledge lies with the U.S. Department of Agriculture
(USDA). Several agencies within USDA support conservation technical assistance, however, the
Natural Resources Conservation Service (NRCS) is the federal lead.
NRCS provides conservation technical assistance to producers through various programs using
field staff located across the country. Some level of technical assistance is required for
participation in all of USDA’s conservation programs; however, there is no single overarching
description of technical assistance for all programs. Similarly, there is no single method of
providing technical assistance. The full scope of technical assistance is best understood by
examining how it operates within each conservation program. Some see the lack of technical
assistance as the foremost barrier to adoption of conservation practices and enrollment in federal
conservation programs.
While most technical assistance work is funded through annually appropriated programs, an
increasing amount is funded through mandatory programs authorized through omnibus, multiyear, farm bills. The seemingly complex manner in which USDA implements and pays for
technical assistance through its conservation programs has created general confusion on the
subject. Congress continues to take interest in conservation technical assistance given its
complexities and impact on the distribution of conservation financial assistance to producers.
Technical assistance has been discussed extensively at congressional hearings on agriculture
conservation. Producers, ranchers, environmentalists, and wildlife advocates continue to raise the
issue of technical assistance and the need or desire for additional support. The question of which
federal agency should be involved with administering technical assistance and how this relates to
the administration of conservation programs continues to be of interest. The expanding use of
non-federal, third party providers of technical assistance is also of interest, especially when
addressing the demand for additional capacity without an expansion of the federal workforce. A
broader perspective on technical assistance raises questions about the capacity of the current
technical assistance structure as well as future limitations.
Historically, technical assistance has evolved in the range of topics addressed; it currently
addresses a wide variety of natural resource concerns. Recent farm bills have repeatedly added
natural resource concerns to the conservation mission, leaving many to question whether the
current technical assistance delivery system has retained the capacity to function effectively.
Demands on available capital (both human and financial), combined with additional questions for
technological capacity and an ever-expanding list of natural resource concerns, have generated an
ongoing discussion in the current congressional debate.
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Technical Assistance for Agriculture Conservation
Contents
Defining Technical Assistance.....................................................................................................1
Technical Assistance Funding and Implementation ......................................................................2
Technical Assistance for Discretionary Programs...................................................................3
Technical Assistance for Mandatory Programs.......................................................................4
Funding History for Mandatory Programs .......................................................................5
Determining Funding for Mandatory Program Technical Assistance ................................8
NRCS & FSA—History of Payments ..............................................................................8
Non-Federal Technical Assistance ............................................................................................. 10
Role of Third Party Providers.............................................................................................. 10
TSP Activities ............................................................................................................... 10
Rates and Funding ........................................................................................................ 11
Conservation Activity Plan (CAP)................................................................................. 12
Agriculture Conservation Experienced Services (ACES) ..................................................... 13
Current Issues ........................................................................................................................... 14
Technical Assistance vs. Administrative Support ................................................................. 14
Streamlining Initiative......................................................................................................... 15
TSP Streamlining Initiative ........................................................................................... 16
Congressional Directives..................................................................................................... 16
Outlook for Technical Assistance .............................................................................................. 18
Human Capital.................................................................................................................... 19
Discussion Questions .................................................................................................... 20
Technology ......................................................................................................................... 20
Discussion Questions .................................................................................................... 21
Mission............................................................................................................................... 22
Discussion Questions .................................................................................................... 23
Funding .............................................................................................................................. 23
Discussion Questions .................................................................................................... 24
Figures
Figure 1. Conservation Operations Appropriations, 1998-2010 ....................................................3
Figure 2. NRCS Historical Staff Funding Source Trends..............................................................7
Figure 3. Congressional Directives as a Percentage of Discretionary Program
Appropriations (2001-2010) ................................................................................................... 17
Figure 4. Conservation Operations Congressional Directives, 2001-2010 .................................. 19
Tables
Table 1. Three Most Common Conservation Practices Planned and Applied by a TSP ............... 11
Table 2. TSP Obligations........................................................................................................... 12
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Technical Assistance for Agriculture Conservation
Appendixes
Appendix A. Historical Context................................................................................................. 25
Appendix B. Reimbursements between NRCS & FSA .............................................................. 28
Contacts
Author Contact Information ...................................................................................................... 29
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Technical Assistance for Agriculture Conservation
A
gricultural conservation technical assistance has taken on a number of dimensions over
its long and continuously evolving history.1 Congress continues to take interest in
conservation technical assistance given its complexities and impact on the distribution of
conservation financial assistance to producers. Frequently, technical assistance for agriculture is
discussed in the context of omnibus farm legislation (referred to as farm bills), although most
technical assistance is discretionary and funded through the annual agricultural appropriations bill
rather than mandatory spending authorized in the farm bill.2 Questions concerning the current and
future capacity of the technical assistance system are highlighted by a perceived lack of
boundaries and understanding of what technical assistance is and is not. One challenge for
Congress lies in finding an acceptable balance between how much technical assistance capacity
currently exists and how much is needed to meet demand. In the search for this balance many
policy questions arise regarding what technical assistance is and does, especially in the areas of
funding and implementation. This report does not attempt to directly answer these questions, but
rather provides a framework for the debate.
This report describes the past progressions that made conservation technical assistance what it is
today, and also poses questions on where it might be headed in the future. Throughout this report,
conservation technical assistance refers to conservation as applied to activities on or affecting
agricultural lands.
Defining Technical Assistance
In the most general terms, technical assistance is a technical service. It is a basic service that
provides conservation knowledge to producers and landowners. It includes information, technical
expertise (e.g., engineering, biological, etc.), and a delivery system for assisting landowners and
users to conserve and use natural resources. In broader terms it involves outreach, education, and
training in practices and technological advances that create compatibility between production and
the land. Perceptions of technical assistance vary by region, land use type, accessibility, and
individual stewardship. Technical assistance is considered by some to be science-based and
therefore subject to the continuous progression of advances in the field. By this definition,
inflexibility and static change is undesirable. Others view conservation technical assistance as
limited to preparing a conservation plan. The scientific underpinnings add to the stability of the
plan; however, without additional follow-through this definition remains narrow, implying that
technical assistance is just a plan, and nothing more. Increasingly, this service is not only
provided through the federal government by the U.S. Department of Agriculture’s (USDA’s)
Natural Resources Conservation Service (NRCS), but also by other public and private experts.
NRCS is the current federal provider of technical assistance for agriculture conservation. The
statutory authority to provide conservation technical assistance is derived from the Soil
Conservation and Domestic Allotment Act of 1935 (P.L. 74-46; 16 U.S.C. §590 et seq.). NRCS
provides technical assistance at the request of the landowner to conserve and improve natural
1
For additional historical information, see Appendix A.
Technical assistance is funded through both mandatory and discretionary programs. Discretionary programs are
funded annually through the appropriations process. Most mandatory funding currently is authorized under the Food,
Conservation, and Energy Act of 2008 (P.L. 110-246, the 2008 farm bill), and provided through the U.S. Department of
Agriculture’s (USDA) Commodity Credit Corporation (CCC). Given this distinction, programs are presented separately
in this report as either mandatory or discretionary. This is discussed in more detail below.
2
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resources. It includes technical expertise combined with knowledge of local conditions and is
provided through a network of federal staff located throughout the United States. Although the
1935 act provided authority for technical assistance it was not until an amendment under the
Food, Conservation, and Energy Act of 2008 (2008 farm bill, P.L. 110-246) that conservation
technical assistance was defined in statute. Through this amendment, technical assistance is
currently defined by law as:3
“(2) TECHNICAL ASSISTANCE.—
“(A) IN GENERAL.—The term ‘technical assistance’ means technical expertise,
information, and tools necessary for the conservation of natural resources on land active in
agricultural, forestry, or related uses.
“(B) INCLUSIONS.—The term ‘technical assistance’ includes—
“(i) technical services provided directly to farmers, ranchers, and other eligible entities, such
as conservation planning, technical consultation, and assistance with design and
implementation of conservation practices; and
“(ii) technical infrastructure, including activities, processes, tools, and agency functions
needed to support delivery of technical services, such as technical standards, resource
inventories, training, data, technology, monitoring, and effects analyses.”
Technical Assistance Funding and Implementation
Technical assistance is funded through virtually every USDA mandatory and discretionary
conservation program. Most of the funding for technical assistance is provided through
discretionary conservation programs.4 Discretionary programs are permanently authorized and
receive funding through the annual appropriations process. Mandatory funding for certain
conservation programs is currently authorized primarily under the 2008 farm bill, and provided
through the USDA Commodity Credit Corporation (CCC).5 Funding for mandatory conservation
programs is provided at the level authorized in law unless limited to a smaller amount during the
appropriations process.6 Mandatory funding for conservation technical assistance often supports
financial assistance to producers who provide specified forms of conservation.7 Authorizing
3
Sec. 10 of P.L. 74-46, as amended; 16 U.S.C. §590j.
4
The primary discretionary conservation programs within USDA include Conservation Operations, Watershed Surveys
and Planning, Watershed and Flood Prevention Operations, Watershed Rehabilitation Program, and Resource
Conservation and Development, which cumulatively received $1 billion in total appropriations in FY2010.
Discretionary programs are funded annually through the appropriations process.
5
The CCC is the funding mechanism for the mandatory payments that are administered by various agencies of USDA.
The primary mandatory USDA conservation programs include the Conservation Reserve Program, Environmental
Quality Incentives Program, Agricultural Water Enhancement Program, Wetlands Reserve Program, Conservation
Stewardship Program, Wildlife Habitat Incentives Program, Farmland Protection Program, Grasslands Reserve
Program, Agricultural Management Assistance, Healthy Forests Reserve Program, Chesapeake Bay Watershed
Program, and Cooperative Conservation Partnership Initiative.
6
For additional information on reductions in mandatory program spending, see CRS Report R41245, Reductions in
Mandatory Agriculture Program Spending.
7
For more information on mandatory and discretionary conservation programs, see CRS Report R40763, Agricultural
Conservation: A Guide to Programs.
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legislation for mandatory programs does not set specific spending levels for technical assistance.
Funding allocated to technical assistance in mandatory programs is determined by the
Administration, not through appropriation or authorization.
Technical Assistance for Discretionary Programs
Conservation Operations (CO) is the largest discretionary account, and also provides the greatest
amount of technical assistance through the Conservation Technical Assistance (CTA) program.
CTA provides technical support, conservation planning, and implementation assistance through
local field offices in almost every county in the United States (and territories). CTA also funds
many of NRCS’s collaborative research and data collection projects, such as the Natural
Resources Inventory (NRI), which tracks natural resource conditions and trends on non-federal
land in the United States. CTA also funds compliance status reviews under highly erodible
cropland compliance and wetlands compliance provisions8 and was funded at close to $756
million in FY2010 (Figure 1).
Figure 1. Conservation Operations Appropriations, 1998-2010
1,000
900
800
700
Millions
600
500
400
PMC
Snow Survey
Soil Survey
GLCI
CTA
300
200
100
-
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
est.
Fiscal Year
Source: Compiled by CRS from Agricultural Appropriations Acts and USDA, NRCS, “Budgetary Explanatory
Notes for Committee on Appropriations,” FY1998-FY2011.
Notes: Other activities funded through Conservation Operations (CO) include Conservation Technical
Assistance (CTA), Grazing Lands Conservation Initiative (GLCI), Soil Survey, Snow Survey, and Plant Materials
Centers (PMC).
8
A compliance status review is an inspection on a tract of land to determine a USDA participant’s compliance with the
highly erodible lands compliance and wetlands compliance provisions of the Food Security Act of 1985, as amended
(16 U.S.C. 3811 et seq.), as a condition for receipt of certain USDA benefits.
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The second-largest activity conducted under CO is the Soil Survey program, which maintains an
inventory of the soil resources on all U.S. land. This information is publically available and is
utilized by not only agricultural interests but increasingly by developers and planners, as well as
the transportation industry. Scientists are using soil survey information in studying climate
change and evaluating the environmental impacts of land use and management practices.
Other discretionary programs include four watershed programs (Watershed Surveys & Planning,
Watershed & Flood Prevention Operations, Watershed Rehabilitation, and Emergency Watershed
Protection) that provide technical assistance using various approaches to watershed planning,
local coordination efforts, and flood prevention structures. Most watershed program funding is
provided as financial assistance through contracts with local partners. The watershed programs
were largely created in the 1940s and 1950s in response to flood control and water quantity
concerns. Reduced appropriations and an increasing number of congressional earmarks have
reduced program support within recent administrations.9 Congress, however, continues to fund
many of these programs through annual appropriations.
The Resource Conservation and Development (RC&D) Program is another discretionary program
that establishes or improves coordination systems in rural areas for the development and
utilization of natural resources. Funding for the RC&D program largely provides staff support for
local RC&D councils across the United States. Very little, if any, financial assistance is provided
though this program.
Technical Assistance for Mandatory Programs
Unlike discretionary programs, mandatory programs derive their funding authority from
legislation that specifies an annual amount, unless reduced in the appropriations process.
Authorizing legislation for mandatory programs does not set specific spending levels for technical
assistance. Funding allocated to technical assistance in mandatory programs is determined by the
Administration, not through appropriations.
Conservation program advocates prefer mandatory funding to discretionary because supporters
believe that it is easier to protect mandatory funding levels than it is to protect spending subject to
annual appropriations. Discretionary funding for agriculture conservation technical assistance has
remained relatively constant in recent years compared to mandatory funding, which continues to
increase. The 2008 farm bill provided much of this increase in mandatory conservation funding
and continues to shift NRCS staff from technical assistance funded though discretionary
programs to those funded through mandatory programs. Despite this shift, discretionary funding
still remains the larger source of technical assistance funding (Figure 2).
Most technical assistance activities within mandatory programs are in support of delivering some
level of financial assistance as part of a contract or agreement. These activities could include
providing designs, standards, and specifications needed to install scheduled conservation
practices and activities. According to NRCS policy, all technical assistance prior to a producer
entering into a contract for financial assistance is considered to be part of CTA. It is not until after
a producer signs a contract for financial assistance, that technical assistance is funded from the
individual mandatory program rather than CTA. Once the contract is completed—defined as one
9
The past several presidential budget proposals (under both Bush and Obama) have requested little to no funding for
the watershed programs.
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year after the last conservation practice or activity is implemented—mandatory program funds are
no longer available to support ongoing assistance in maintaining the conservation plans, practices,
and activities implemented under the financial assistance program. If these activities continued to
receive technical assistance it would be through CTA. One exception is that mandatory program
funding my still be used to follow up on easements, which create an ongoing obligation for
management and monitoring.
Funding History for Mandatory Programs
Section 2701 of the 2002 farm bill stated that the Secretary shall provide technical assistance to
eligible producers either directly (through NRCS) or through approved third party providers.10 In
late 2002, the Office of Management and Budget (OMB) determined that technical assistance
funding for mandatory programs was limited by a cap established in Section 11 (15 U.S.C. 714i)
of the CCC Charter Act and enacted in the 1996 farm bill.
In the mid-1990s, the Farm Service Agency (FSA), which manages the operations of the farm
commodity support programs, began to utilize CCC funding for large computer expenditures.
These purchases were met with criticism for being too expensive and outdated. An amendment to
the CCC Charter Act was made in the 1996 farm bill that limited the amount of funds that could
be transferred for reimbursement of administrative expenses, referred to as the “Section 11 cap.”
The 1996 amended language states that “the total amount of all allotments and fund transfers
from the Corporation under this section (including allotments and transfers for automated data
processing or information resource management activities) for a fiscal year may not exceed the
total amount of the allotments and transfers made under this section in the fiscal year 1995.”11
While this cap was not specifically directed toward NRCS and technical assistance, the agency
was affected because FSA had been reimbursing NRCS for technical assistance provided in
support of the Conservation Reserve Programs (CRP) and Wetlands Reserve Program (WRP),
both funded through the CCC.
In late 2002, following the enactment of the 2002 farm bill, OMB determined that the Section 11
cap was still in effect, and used it to limit technical assistance funding within mandatory
conservation programs. OMB was supported in an opinion by the Department of Justice, which
stated that CO appropriations (discretionary funds) could fund technical assistance for farm bill
programs (mandatory funds). 12 Congress disagreed with this determination, believing that the
language it had added in the 2002 farm bill allowed for technical assistance for each program to
be funded out of allocations for each program. Congress was supported by a Government
Accountability Office (GAO, then known as the General Accounting Office) opinion stating that
USDA improperly obligated CO appropriations to fund technical assistance for farm bill
programs. 13
10
Third party providers, also known as technical service providers (TSPs), are discussed later in this report.
15 U.S.C. Sec. 714i.
12
U.S. Department of Justice, “Funding for Technical Assistance for Agricultural Conservation Programs,” January 3,
2003, at http://www.usdoj.gov/olc/usdasection11.htm.
13
Government Accountability Office, “Use of Conservation Operations Appropriation to Fund Technical Assistance
for Conservation Program Enumerated in Section 2701 of the 2002 Farm Bill,” December 13, 2002, at
http://www.gao.gov/decisions/appro/300325.htm.
11
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For three years following these opinions, the President’s budget included a proposal to fund farm
bill program technical assistance through a new separate account using annual appropriations.
Congress rejected these proposals and prohibited using any discretionary CO appropriations for
technical assistance to implement mandatory farm bill program technical assistance. The
combination of this congressional prohibition and OMB’s opinion on the Section 11 cap led to the
“shifting” of funds for technical assistance between mandatory programs, thereby reducing the
amount of financial assistance funding available in the “donor” programs. In FY2003, the
Environmental Quality Incentives Program (EQIP), authorized at $700 million,14 used $145
million for technical assistance. However, technical assistance shortfalls in other programs led to
the shifting of more than $107 million in additional technical assistance funding from EQIP to
those programs, thereby reducing the available EQIP financial assistance funding to $442 million.
The Farmland Protection Program (FPP), Grassland Reserve Program (GRP), and Wildlife
Habitat Incentives Program (WHIP) shifted a total of $50 million to other programs in FY2003.
In late 2004, Congress addressed the funding situation with a new law (P.L. 108-498) requiring
technical assistance for each mandatory program to be paid from funds provided to that program
each year. It prohibits the use of discretionary program funds for technical assistance in
mandatory programs, and the transfer of funds among mandatory programs.
Despite the P.L. 108-498 amendment and the enactment of the 2008 farm bill (P.L. 110-246), the
issue of whether CCC funds could be used for technical assistance remained. Congress again
addressed it, this time through section 103 of the American Recovery and Reinvestment Act of
2009 (Recovery Act, P.L. 111-5). The Recovery Act states that CCC funds may be used “for the
purpose of covering salaries and related administrative expenses, including technical assistance,
associated with the implementation of the program, without regard to the limitation on the total
amount of allotments and fund transfers contained in section 11” of the CCC Charter Act.15 The
provision only applies to FY2009 and FY2010 and does not include activities under Title I of the
1985 farm bill, as amended. 16 Congress might address this issue again because funding authority
for most farm bill programs expires at the end of FY2012.
14
EQIP was authorized in the 2002 farm bill (P.L. 107-171, Sec. 2701) at $700 million for FY2003, but was limited to
$695 million in the FY2003 agriculture appropriations act.
15
Sec. 103(1) of P.L. 111-5.
16
This includes most of the farm commodity support programs.
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Figure 2. NRCS Historical Staff Funding Source Trends
14,000
12,000
Staff Years
10,000
8,000
6,000
4,000
2,000
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010 (est.)
Fiscal Year
Conservation Operations
Water Resources
Other Discretionary
Farm Bill Programs
Source: Compiled by CRS using Administration Budget Notes FY2000-FY2011.
Notes: Conservation Operations include staff years for: Conservation Technical Assistance (CTA), Soil Survey, Snow Surveys & Water Supply Forecasting, and Plant
Materials Center. Water Resources include staff years for: Watershed Surveys & Planning, Watershed & Flood Prevention Operations, and Watershed Rehabilitation.
Other Discretionary include staff years for: Resources Conservation & Development (RC&D) Program, Healthy Forest Reserve Program (before 2009), Great Plains
Conservation Initiative (GPCI), Colorado River Salinity Control (CRSC) Program, Rural Abandoned Mines Program (RAMP), and Trust Funds. Farm Bill Programs include
staff years for: Wetlands Reserve Program (WRP), Environmental Quality Incentives Program (EQIP), Ground and Surface Water Conservation Program (GSWC, before
2009), Klamath Basin Program (before 2009), Agricultural Water Enhancement Program (AWEP), Chesapeake Bay Watershed Program, Wildlife Habitat Incentives
Program (WHIP), Farmland Protection Program (FPP), Conservation Security Program (CSP), Conservation Stewardship Program (CSP), Grasslands Reserve Program
(GRP), Agricultural Management Assistance (AMA), Healthy Forest Reserve Program (HFRP, after 2008), and Conservation Reserve Program (CRP). The red dotted lines
indicate years when omnibus farm bills were enacted.
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Determining Funding for Mandatory Program Technical Assistance
Since FY2002, annual agriculture appropriations acts have placed limits on funding below
authorized levels for certain mandatory conservation programs.17 Many of these reductions
support Administration requests through the President’s proposed budget each year. While
program reductions vary from year to year, two trends are clear: (1) a gap exists between
authorized and appropriated levels; and (2) despite this gap, overall funding for conservation
continues to grow.
Technical assistance for mandatory programs is determined by NRCS as a percentage of the
overall authorized funding. NRCS uses a model (referred to as the cost of programs model) to
estimate the total cost of technical assistance necessary to administer each mandatory program.
This model came under scrutiny by GAO in 2004, when it reported the model’s inaccuracies in
estimating technical assistance costs.18 According to GAO, these inaccuracies were a result of
delays in technical assistance work, the inclusion of external costs not reported in actual costs,
and inaccurate assumptions. In 2006, NRCS conducted a national update to more accurately
ascertain the true workload cost of providing technical assistance, called Activity Based Costing
(ABC) data. These data were collected at national, state, and county levels.
Though NRCS uses the updated model to estimate the level of technical assistance funding
needed for each program, the agency does not have total control in determining the actual level of
funding provided for technical assistance. Instead, this level is set nationally by an OMB
apportionment. 19 After NRCS receives an apportionment, the funding available for both financial
and technical assistance is allocated to NRCS state offices. The NRCS State Conservationist is
then responsible for administering the state allocation. In FY2009, technical assistance funding
for mandatory programs was distributed to states, by program, using the formulas unique to each
program. 20 Based on correspondence with USDA, a similar method of allocating funds was also
used in FY2010.
NRCS & FSA—History of Payments
Between 1935 and 1994, the primary function of NRCS (then known as the Soil Conservation
Service, SCS) was to provide conservation technical assistance to landowners. This assistance
shifted slightly in the 1940s and 1950s with the small watershed programs,21 and again in 1985
17
For more information on mandatory program funding reductions, see CRS Report R41245, Reductions in Mandatory
Agriculture Program Spending.
18
Source: Government Accountability Office, “USDA Should Improve Its Methods for Estimating Technical
Assistance Costs,” November 2004, at http://www.gao.gov/new.items/d0558.pdf.
19
After budget authority is enacted, the agency is not permitted to obligate the funds until OMB apportions them to the
agency. This apportionment usually includes the Administration’s expectations, limitations, and requirements for
implementing the funds (e.g., how much may be used for technical assistance). Source: Office of Management and
Budget, Preparation, Submission and Execution of the Budget, OMB Circular A-11, August 7, 2009, p. II.5.2,
http://www.whitehouse.gov/omb/circulars/a11/capbud.pdf.
20
Also see USDA, Natural Resources Conservation Service, “Fiscal Year 2009 Program Allocation Formulas &
Methodologies,” at http://www.nrcs.usda.gov/programs/pdf_files/2009_Allocation_Formulas.pdf.
21
The Flood Control Act of 1944 (P.L. 78-534) and the Watershed Protection and Flood Prevention Act of 1954 (P.L.
83-566), are still authorized today within watersheds of 250,000 acres or less. These projects, because of this limit,
became known as the small watershed program. For additional information, see CRS Report RL30478, Federally
(continued...)
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with the introduction of conservation compliance. 22 It was not until the 1990s that NRCS assumed
greater responsibility in USDA’s financial assistance programs for conservation. As part of the
Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (P.L.
103-354), USDA was reorganized. On October 13, 1994, through a USDA memorandum (10101) the Soil Conservation Service was renamed the Natural Resources Conservation Service. The
newly created NRCS also received responsibility for the Wetlands Reserve Program (WRP),
Water Bank, Colorado River Basin Salinity Control, and Forestry Incentives programs from the
Agricultural Stabilization and Conservation Service (now known as the Farm Service Agency). 23
While leadership for these programs transferred to NRCS, the function of making payments to
program participants remained with FSA.
Following enactment of the 1996 farm bill (P.L. 104-127), NRCS became responsible for
administering the Environmental Quality Incentives Program (EQIP), a combination of several
financial assistance programs. NRCS was given the leadership role for the financial as well as the
technical aspects of the conservation programs, including developing the type of practices
available, assisting producers with preparation of applications, ranking applications, and checking
on installation of practices. The payment function for EQIP, WRP, and other conservation
programs administered by NRCS remained with FSA. It was not until the enactment of the 2002
farm bill (P.L. 107-171) that NRCS became responsible for most of the conservation programs
under the conservation title, including payment responsibility. FSA retained the administration of
the Conservation Reserve Program (CRP), with NRCS continuing to provide technical assistance;
administration of the Grasslands Reserve Program (GRP) was split between NRCS and FSA. The
increase in responsibility following the 2002 farm bill came with an expanding list of natural
resource concerns and a significant increase in funding authority. 24
Despite the transition of program leadership, some functions continue to be maintained by each
agency. NRCS continues to be the leader for the technical assistance of conservation programs
(e.g., planning, practice standards, etc.). FSA continues to be the leader for participant eligibility
determinations (e.g., adjusted gross income, compliance records, etc.). For programs that involve
both agencies (e.g., CRP and GRP) NRCS and FSA have a memorandum of agreement (MOA) or
memorandum of understanding (MOU) that divide responsibilities (Appendix B).
(...continued)
Supported Water Supply and Wastewater Treatment Programs.
22
The 1985 farm bill (P.L. 99-198) authorized conservation compliance (commonly referred to as sodbuster) and
wetlands compliance (commonly referred to as swampbuster) requirements, transforming many technical assistance
functions that NRCS historically performed by requiring enforcement of conservation under certain circumstances.
Sodbuster prohibits participation in numerous specified USDA programs when annually tilled commodity crops are
produced on highly erodible land (HEL) without adequate erosion protection. Swampbuster provisions prohibit
participation in numerous specified USDA programs when annually tilled commodity crops are produced, or land is
drained to make production possible, on certified wetlands. SCS had, and NRCS (successor to SCS) continues to have,
primary responsibility for providing technical assistance to determine whether land should be classified as highly
erodible or a wetland.
23
Helms, Douglas, “Technical Assistance—The Engine of Conservation,” March 2005, at http://www.nrcs.usda.gov/
about/history/articles/CTA_17Mar_Draft3.pdf.
24
Ibid.
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Non-Federal Technical Assistance
The current conservation technical assistance network includes more than just the federal USDA
component. State and local governments, for-profit businesses, non-profit organizations,
universities, and other entities expand the capacity to deliver technical assistance beyond the
federal government’s abilities.25 Locally led conservation districts are one of the largest parts of
this network. Over 3,000 conservation districts, authorized by the states and administered at the
county level, coordinate conservation and natural resource interests among private landowners.
These districts traditionally work closely with federal employees in local and county field offices
as well as with local officials to provide assistance to private landowners and managers.26 The
conservation district network adds capacity to the federal network providing technical assistance.
Role of Third Party Providers
The 2002 farm bill allowed producers to retain approved third party providers for technical
assistance as a way of maintaining and expanding the technical capacity for agricultural
conservation programs. NRCS refers to these individuals as technical service providers (TSPs).
NRCS and local conservation districts traditionally provide technical services, and continue to do
so; however, the addition of TSPs allows USDA to reimburse producers for technical assistance
provided by a certified third party. TSPs may be individuals, entities, or public agencies. The
majority of TSPs are from the private sector (average of 57% between FY2004 and FY2010).27
The majority of non-private TSPs are state agencies, non-governmental organizations, and soil
and water conservation districts. As of February 2010, 1,141 TSPs were certified by NRCS
nationwide.
TSP Activities
NRCS sets the qualifications for approving individuals and entities to provide specified types of
technical assistance. Once a TSP registers with NRCS (through their TechReg website), it must
become certified to perform specific technical services. To become certified, a TSP must meet a
set of criteria and complete any associated training required. TSPs must recertify with NRCS
every three years. Currently, TSPs may be certified in 42 categories. Between FY2004 and
FY2010, nutrient management (including various areas of focus) is the largest area of
certification. This is due in part to the high demand placed on nutrient management plans and
handling animal manure in accordance with the Clean Water Act and EPA’s rules for Confined
Animal Feeding Operations (CAFO), as well as state-level requirements.28 Pest management is
the second-largest area of certification. 29
25
It is necessary to recognize non-federal organizations’ role when discussing the capacity for technical assistance;
however, it is not the focus of this report. This section discusses non-federal technical assistance providers’ role in the
federal system.
26
National Association of Conservation Districts, “About Conservation Districts,” September 2010, at
http://www.nacdnet.org/about/districts/index.phtml.
27
In FY2010, 52% of all entities participating as TSPs were from the private sector. Source: USDA, NRCS, Technical
Service Provider Fiscal Year 2010 Report to Office of Management & Budget, Washington, DC, October 2010.
28
Ibid.
29
Other popular certification areas include land treatment (tillage, erosion, surface water management, buffers, and
(continued...)
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TSPs perform a number of technical services, including conservation planning and design, layout,
installation, and the monitoring of approved conservation practices. Table 1 includes the three
most common conservation practices planned and applied in FY2010 by TSPs based on the total
number (without regard to unit of measure), total acres, and total feet.
Table 1.Three Most Common Conservation Practices Planned and Applied by a TSP
FY2010
Planned
Applied
Top Three Conservation Practices Based on Number
Nutrient Management
3,437
3,156
Pest Management
3,229
2,676
Upland Wildlife Habitat
Management
2,859
1,920
Top Three Conservation Practices Based on Acres
Pest Management
144,864
133,449
Upland Wildlife Habitat
Management
133,449
122,741
Nutrient Management
111,136
89,609
Top Three Conservation Practices Based on Feet
Firebreak
1,323,344
1,155,313
Terrace
1,030,388
861,721
Fence
467,597
426,050
Source: USDA, NRCS, Technical Service Provider Fiscal Year 2010 Report to Office of Management & Budget,
Washington, DC, October 2010.
Rates and Funding
Technical assistance can be provided by TSPs through two primary means: (1) individual
producers contract individually with certified TSPs; or (2) NRCS enters into cooperative
agreements directly with certified TSPs. If a producer wants to use a TSP instead of NRCS for
technical service, it must be established as part of the producer’s conservation program contract
with NRCS (otherwise the producer might not get reimbursed for the service). The producer
would then select a TSP from the approved NRCS list, hire the TSP, and pay the TSP for the
technical service provided. The producer would then be reimbursed by NRCS for the technical
services.30 NRCS may not reimburse TSPs for more than it would cost NRCS to perform the
same task(s). Funding limitations are specific for each task TSPs are permitted to perform and can
vary by county. These limitations are referred to as technical service payment rates (formerly
(...continued)
vegetative land stabilization), surface water detention/retention, forestry, water management (drainage), irrigation
(water conveyance and application), certified conservation planning, wetlands engineering, and channel and
streambank stabilization.
30
USDA, NRCS, General FAQ, “What is the reimbursement procedure for Technical Service Providers?,” August 29,
2007, http://techreg.usda.gov/FAQ.aspx?id=1.
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referred to as “not-to-exceed rates”). The TSP can be paid directly if the producer requests a
payment assignment for the payment to be made directly to the TSP.
NRCS may also enter into cooperative agreements directly with certified TSPs. This is usually
done through departmental acquisition of their services through contracts, cooperative
agreements, and contribution agreements.
The 2008 farm bill authorizes TSPs to be funded through any conservation program under section
1241 of the 1985 farm bill31 and the Agricultural Management Assistance (AMA) program. EQIP
continues to be the primary program using the services of TSPs, accounting for 51% of all TSP
funds since FY2003. On average, $46 million is obligated annually for TSPs (Table 2). This is a
relatively small portion of the overall level of technical assistance provided annually by USDA.
Table 2.TSP Obligations
Dollars in millions
Fiscal Year
Obligations
2003
30.8
2004
$48.3
2005
$49.7
2006
$54.6
2007
$42.2
2008
$34.9
2009
$56.1
2010
$54.8
Total
$371.2
Source: USDA, NRCS, Technical Service Provider Fiscal Year 2010 Report to Office of Management & Budget,
Washington, DC, October 2010.
Conservation Activity Plan (CAP)
Traditionally, technical assistance provides the planning, design, and technical consultation
functions, while financial assistance offers monetary support for implementation capacity. Section
2502 of the 2008 farm bill amends section 1240A(5)(B) of the 1985 farm bill by defining certain
conservation activities involving the development of plans as an eligible practice under EQIP.
This allows NRCS to pay for conservation planning—previously funded as technical assistance—
through financial assistance. Section 2502 specifically includes comprehensive nutrient
management planning (CNMP) and allows USDA to include other plans as necessary. NRCS
refers to these plans as conservation activity plans (CAPs) and has expanded the list of eligible
CAPs to include:
•
comprehensive nutrient management (CNMP);
31
These programs include Conservation Reserve Program (CRP), Wetlands Reserve Program (WRP), Conservation
Stewardship Program (CSP), Farmland Protection Program (FPP), Grassland Reserve Program (GRP), Environmental
Quality Incentives Program (EQIP), and Wildlife Habitat Incentives Program (WHIP)
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•
comprehensive air quality management;
•
fish and wildlife management;
•
forest management;
•
grazing management;
•
integrated pest management;
•
drainage water management;
•
irrigation water management;
•
energy management;
•
conservation plans supporting organic transition;
•
transition from irrigation to dryland; and
•
pollinators habitat.
CAPs are completed as part of an EQIP contract.32 EQIP allows program payments to be made for
up to 75% of the estimated incurred cost of practice implementation, which for a CAP would be
the development of a conservation plan. CAPs must meet NRCS standards and requirements and
are performed by a certified TSP. EQIP payments are made to the program participant who then
reimburses the TSP for the CAP. NRCS continues to provide the majority of technical assistance
for EQIP, including development of plans eligible under CAPs; however, EQIP has historically
served as the primary program for funding TSP activities. 33 The use of CAPs funded with
financial assistance dollars has increased EQIP’s role for TSP service. In FY2010, forest
management plans and CNMPs received the highest percentage of participation with 41% and
45% respectively.34
Agriculture Conservation Experienced Services (ACES)
Another avenue for expanding the technical assistance capacity is through a newly authorized
program, Agriculture Conservation Experienced Services (ACES). Section 2710 of the 2008 farm
bill authorized the use of technical services provided by individuals 55 and older and not
employed by the USDA or a state agriculture department. Tasks preformed under ACES must be
technical and not administrative. They must also support current conservation program activities
authorized in the 2008 farm bill, with the exception of CRP, WRP, GRP, and CSP. According to
NRCS, approximately $7.6 million was obligated for the ACES program in FY2009.
32
For additional information about EQIP, see CRS Report R40197, Environmental Quality Incentives Program
(EQIP): Status and Issues.
33
Other conservation programs also fund TSP activities, however, EQIP accounts for 51% of all TSP funds since its
inception in 2003. Source: USDA, NRCS, Technical Service Provider Fiscal Year 2010 Report to Office of
Management & Budget, Washington, DC, October 2010..
34
Ibid.
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Current Issues
Understanding how conservation technical assistance works and is funded addresses only a
portion of the misconceptions and questions about this topic. As Congress assesses the current
need and demand for technical assistance, many questions remain. A more recent means of
addressing the capacity to meet technical assistance demand is through third party providers. The
confusion surrounding two terms—technical assistance and administrative support—is also
discussed, as well as the current impact of congressional directives on technical assistance and the
Administration’s technical assistance streamlining initiative.
Technical Assistance vs. Administrative Support
Though these two terms, technical assistance and administrative support, are generally
considered separate, in the case of funding technical assistance the terms do not appear mutually
exclusive and are occasionally used interchangeably. A debate still continues between USDA and
Congress over whether funding provided for technical assistance is preferable to providing
funding for salaries and expenses. Within Congress and USDA there are different interpretations
of the two terms. USDA/NRCS tends to favor the term technical assistance, while Congress is
divided on the issue. Some observers claim that both terms would appear to provide the same
service with different titles.
The long-standing lack of definition for technical assistance heightened the confusion between
technical assistance and administrative support. Following the amendment in the 2008 farm bill,
some clarity was reached; however, the debate continues. The 2008 farm bill amendment includes
many of the terms associated with administrative support, such as “technical infrastructure,
including activities, processes, tools, and agency functions needed to support delivery of technical
services.” The definition stops short of dividing technical assistance from what some consider
administrative support, and much of the debate focuses less on defining technical assistance and
more on who should be performing it.
Few seem to question the merits of providing technical assistance for agricultural conservation.
Many consider ready access to science-based conservation knowledge to be one of the strengths
of American agriculture.35 Much of the debate surrounding technical assistance has shifted to
defining the different aspects of administrative support and who (meaning which agency within
USDA) should be providing the support. This debate appears to have grown out of the 2002 farm
bill, which brought an increase in funding for conservation program financial assistance. Also
following the 2002 farm bill, USDA shifted full program administration for many conservation
programs to NRCS, including contract administration, a task previously performed by FSA.
Because Congress delegates most farm bill programs to the Secretary, not individual agencies,
this was an administrative decision regarding the division of labor.
Some have testified before Congress that program administration for conservation programs
should be shifted back to FSA,36 citing FSA’s long-standing experience processing applications,
35
Environmental Defense and Soil and Water Conservation Society, An Assessment of Technical Assistance for Farm
Bill Conservation Programs, September 2007, http://www.swcs.org/documents/filelibrary/
TechnicalAssistanceAssessment.pdf.
36
U.S. Congress, House Committee on Agriculture, Subcommittee on Conservation, Credit, Energy, and Research,
(continued...)
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Technical Assistance for Agriculture Conservation
maintaining records, and making payments to producers for commodity programs as the basis for
this change. This point could be countered with evidence about FSA’s issues with improper
payments and antiquated computing system. 37 Those within the conservation community seem to
favor NRCS as the lead for program administration and highlight some of the strides made by the
agency since 2002.38 Despite the advances, NRCS also has had its share of financial issues
highlighted in recent financial audits.39
Streamlining Initiative
In January 2009, NRCS responded to concerns about the agency’s ability to administer programs
by formally initiating the Conservation Delivery Streamlining Initiative. The agency recognizes
that its expanded role following the 2002 farm bill led to administration challenges.40 According
to NRCS, delivering both technical and financial assistance programs through one agency
(NRCS) simplified program participation for customers and centralized the delivery of most
USDA conservation programs.41 Despite this possible efficiency gain, the development of tools
and cumbersome processes overburdened the field technical staff, leaving little time for on-site
planning and technical assistance.42 NRCS reports that field conservationists often spend as little
as 20%-35% of their time in the field working with customers.43
The purpose of the initiative is to define and implement a more effective, efficient, and
sustainable business model for delivering conservation assistance. Three overarching objectives
were identified for this effort: (1) simplify conservation delivery (for both producers and staff);
(2) streamline business processes; (3) ensure science-based assistance (technically sound products
and services).
(...continued)
Testimony of Mr. John Lohr, Vice President National Association of FSA County Office Employees (NASCOE),
Hearing to Review the Administration and Delivery of Conservation Programs, 111th Cong., 2nd sess., July 1, 2010.
37
USDA Office of Inspector General, Commodity Credit Corporation Financial Statements for Fiscal Years 2009 and
2008, Audit Report 06401-24-FM, Washington, DC, November 2009, pp. 15-18, http://www.usda.gov/oig/webdocs/
06401-24-FM.pdf and U.S. Government Accountability Office, Federal Farm Programs - USDA Needs to Strengthen
Management Controls to Prevent Improper Payments to Estates and Deceased Individuals, GAO-07-1137T, July 24,
2007, http://www.gao.gov/new.items/d071137t.pdf.
38
U.S. Congress, House Committee on Agriculture, Subcommittee on Conservation, Credit, Energy, and Research,
Testimony of Mr. Steve Robinson, President National Association of Conservation Districts (NACD), Hearing to
Review the Administration and Delivery of Conservation Programs, 111th Cong., 2nd sess., July 1, 2010, p. 4.
39
USDA, Office of Inspector General, Natural Resources Conservation Service’s Financial Statements for Fiscal Year
2009, Audit Report 10401-3-FM, Washington, DC, November 2009, http://www.usda.gov/oig/webdocs/10401-3FM.pdf. For additional information, also see CRS Report R40692, Agricultural Conservation Issues in the 111th
Congress.
40
U.S. Congress, House Committee on Agriculture, Subcommittee on Conservation, Credit, Energy, and Research,
Testimony of Mr. Dave White, Chief, Natural Resources Conservation Service U.S. Department of Agriculture, Hearing
to Review the Administration and Delivery of Conservation Programs, 111th Cong., 2nd sess., July 1, 2010.
41
USDA, NRCS, Conservation Delivery Streamlining Initiative, Overview, May 2010.
42
In addition to providing technical assistance, NRCS field staffs now manage about 400,000 farm bill program
contracts nationwide.
43
USDA, NRCS, Conservation Delivery Streamlining Initiative, Overview, May 2010.
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TSP Streamlining Initiative
In conjunction with the agency-wide initiative, NRCS also reviewed its implementation of the
TSP program, which began in the winter of 2003. By October 2004, over 2,100 entities
(individuals and businesses) were certified TSPs. In 2009, the number of active TSP entities had
fallen to below 1,200.44 Anecdotal information suggested that TSPs had become frustrated with
NRCS and the TSP program.
After extensive review, 45 NRCS narrowed program concerns down to six primary areas:
registration and certification; training; acquisition of services; payment rates for producers and
direct payments to TSPs; quality assurance; and business tools. Most comments centered around
regulatory “hoops” required for registration and certification, such as accessing USDA’s computer
system, security requirements, and training. NRCS points to many of these requirements as being
statutory (e.g., confidentiality concerns), governing the relationship between the federal
government and the private sector.46 NRCS is proceeding with streamlining the program to
address the identified concerns and is attempting to simplify its TSP business processes where
possible.
Congressional Directives
The level of funding that is congressionally directed through conference report and bill language
in the annual appropriations act has decreased in recent years.47 The decline came after reaching a
peak in FY2006, when a year-long continuing resolution in FY2007 did not include earmarks
(Figure 3). Also in 2007, the House and Senate established new earmark transparency procedures
for their respective chambers, which could also account for the decline. 48 As demand for technical
assistance continues to grow, the role of congressionally directed funding could place additional
strain on the current capacity to deliver technical assistance if earmarks return to historical levels.
What impact these directives have on this capacity remains to be seen. Virtually all of the directed
funding in agricultural conservation programs is for discretionary programs.
44
USDA, NRCS, Technical Service Provider Streamlining Team, Report and Recommendations, Washington, DC,
September 23, 2009.
45
The review included input from TSPs, TSP state coordinators, NRCS field staff, state agencies, and conservation
organizations. Input was provided through direct comments (111 total) from TSPs (69) and NRCS employees (42), and
surveys (430 responses) sent to all active TSPs.
46
USDA, NRCS, Technical Service Provider Streamlining Team, Report and Recommendations, Washington, DC,
September 23, 2009.
47
Congressional directives refer to funding directed to specific projects, locations, or entities in conference report and
bill language. These are often referred to as earmarks.
48
For additional information, see CRS Report R40976, Earmarks Disclosed by Congress: FY2008-FY2010 Regular
Appropriations Bills.
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Figure 3. Congressional Directives as a Percentage of Discretionary Program
Appropriations (2001-2010)
120.0%
Percentage of Appropriated Funding
100.0%
80.0%
60.0%
40.0%
Conservation Operations (CO)
Watershed Operations
Total Discretionary Funding
20.0%
0.0%
2001
2002
2003
2004
2005
2006
2007*
2008
2009
2010
Fiscal Year
Source: Communications and documentation received from USDA, Natural Resources Conservation Service
staff, October 2010.
Notes: Watershed Operations includes P.L. 78-534 and P.L. 83-566 projects. In FY2007, a full year continuing
resolution was enacted that did not include earmarks.
These congressional directives can be divided into three categories. The first type is when
congressional language dictates the specific amount of technical assistance funding and for what
purpose. For example, in FY2010 the manager’s report directed technical assistance funding for
the NRCS plant materials center in Hawaii.49 A second type is similar to the first, but it directs
financial assistance funding to specific projects. These directives are seen more in the watershed
programs. For example, in FY2010, congressional language directed over $5.5 million in
Watershed and Flood Prevention Operations program funding to specific watershed projects
located in West Virginia.50 A third type is what the Administration calls “pass-through” funding,
in which the agency is directed to enter into agreements with specific external entities (ranging
from non-profits to state or local governments) for congressionally specified amounts. These
funds are not used for technical assistance provided by NRCS and are therefore passed through
directly to the external entity. In FY2010, “pass-through” agreements were directed in
Conservation Operations program funding for over $14 million.51
49
H.Rept. 111-279, Title II, p. 74.
H.Rept. 111-279, Title II, p. 75.
51
Communications and documentation received from USDA, Natural Resources Conservation Service staff, October
2010.
50
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Congressional directives direct most funding within the Watershed Operations programs (P.L. 78534 and P.L. 83-566). In FY2010, approximately 74% of appropriations funding (both financial
and technical assistance) for these programs was directed by Congress to specific projects.52 In
FY2009, congressional directives for Watershed Operations projects peaked at 97% of
appropriated funding. Conservation Operations (CO) had seen an increase in congressional
directives between FY2001 and FY2006, but they have leveled off in recent years (see Figure 3).
CO contains the largest number of pass-through directives and the highest level of funding
directed. While recent years are below the highest level of directives in FY2006 ($127 million),
the resulting reduction in available technical assistance funding creates concerns as the demand
for technical assistance continues to grow (see Figure 4).
Outlook for Technical Assistance
Technical assistance varies in its activity, implementation, and funding across conservation
programs. When conservation programs received a large increase in funding in the 2002 farm bill,
some questioned whether the traditional technical assistance infrastructure could meet the
increase in demand that would accompany additional conservation funding. Now, as the 2008
farm bill is implemented and the 2012 farm bill is debated, an evaluation of this capacity will
likely influence how technical assistance will look in the future.
Capacity refers to the ability to serve the needs of customers in a timely manner. In the case of
technical assistance, customers include private landowners, tribes, state and local governments,
and cooperative partners. Multiple factors contribute to the capacity to provide technical
assistance: human capital, technology, mission goals, and funding. Additional questions about this
capacity are raised during this discussion, and though the availability of data somewhat limits
answering these questions, they are intended to shape and inform future discussions on technical
assistance.
52
For additional information, see CRS Report R40721, Agriculture and Related Agencies: FY2010 Appropriations.
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Figure 4. Conservation Operations Congressional Directives, 2001-2010
$140
$120
Dollars in Millions
$100
Congressionally Directed
Technical Assistance
$80
$60
Pass Through
$40
$20
$0
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
Fiscal Year
Source: Communications and documentation received from USDA, Natural Resources Conservation Service
staff, October 2010.
Notes: In FY2007, a full-year continuing resolution was enacted that did not include earmarks or pass-through
funding.
Human Capital
Currently NRCS employs roughly 11,800 full- and part-time employees. 53 Most employees—
approximately 11,400—are located in state, area, county, or regional technology service offices.
According to NRCS, 82% of its offices directly provide financial and technical assistance service.
This network of local field and state offices has been used to provide conservation technical
assistance for decades.
A traditional approach to expanding the capacity to provide technical assistance had been to draw
on the capabilities of partnering organizations, such as local soil and water conservation districts.
Increasingly private, for-profit firms are playing an active role in providing technical assistance.
Other organizations at state levels, such as state departments of natural resources and wildlife,
water districts, and environmental and land management interests contribute to the overall
network of technical assistance providers.
Section 2701 of the 2002 farm bill (P.L. 107-171) expanded the human capital capacity that
provides conservation technical assistance with the authorization of third party providers, referred
to by NRCS as technical service providers (TSPs), described earlier. Whether the program may
53
USDA, FY2011 Budget, Explanatory Notes for Committee on Appropriations, February 2010.
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expand in the future will likely be important in any discussion about how much additional
capacity might be available.
Discussion Questions
•
In 1985, SCS employed roughly 13,900 full- and part-time employees. 54 In 2009,
its successor agency, NRCS, had approximately 11,800 full- and part-time
employees.55 Considering the advances in technology, expansion of mission, and
increases in funding, if mandatory conservation programs were fully funded and
provided all authorized financial assistance, would there be enough technical
assistance capacity currently available to implement them properly?
•
Certified third party providers have expanded the pool of available technical
assistance to private landowners. How much additional capacity has been
provided by third parties and how much additional capacity could they provide?
What additional technical services could be provided? In 2004, over 2,100
entities were certified as TSPs. In 2009, the number had fallen below 1,200.56
What has caused this reduction in TSP participation and is this an issue that
Congress should address?
•
If increased capacity is sought using TSPs, related issues are the location and
availability of providers. In some cases, third party providers are not available
locally. What are the practical limits of the TSP option given the potential limits
on availability? Is the cost of certification too high, causing technical providers to
not apply, or is the reimbursable fee schedule too low, discouraging potential
TSPs from participating?
•
The ACES program is intended to support the technical assistance capacity for
farm bill conservation programs by utilizing qualified retired individuals. With
many technical assistance organizations, both public and private, experiencing
high levels of retirement, does the ACES program provide adequate technical
capacity to fill the gap created by retirement? How has the loss of technical
knowledge due to retirement affected the capacity to provide technical assistance,
and is this trend expected to continue? Are there other replenishing mechanisms
to help fill the need for technical personnel?
Technology
With a growing demand on resources and time, organizations look to more efficient ways to
deliver service by streamlining and reorganizing business processes. Historically, local
conservation districts provided a local entity through which conservation technical assistance
could be delivered. Different landscapes and limited resources do not allow for multiple
specialists to be on hand for each conservation plan or technical consultation. As local soil
conservationists (employees of NRCS) were placed throughout the country, usually at the county
54
As another historical reference, in 1945, SCS employed 12,328 full and part-time employees, an employment level
that has remained constant over time. Simms, D. Harper, The Soil Conservation Service (New York, NY, 1970).
55
USDA, FY2011 Budget, Explanatory Notes for Committee on Appropriations, February 2010.
56
USDA, NRCS, Technical Service Provider Streamlining Team, Report and Recommendations, Washington, DC,
September 23, 2009.
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level in conservation district offices, materials and handbooks were developed to provide
guidance across disciplines. This guidance, known as the field office technical guide, contains
technical information about the conservation of soil, water, air, and related plant and animal
resources tailored to each county. These guides represent the collective knowledge of technical
assistance. Specialists in areas such as engineering, agronomy, and rangeland management are
available at the state or regional level for specific consultation. The field office technical guide
remains the primary source of localized information on conservation technical assistance and is
available online for every county.57 In addition to the field office technical guide, technology has
helped provide technical assistance to more producers in many other ways.
How technological advances get put into practice on lands is another function of technical
assistance. Technology transfer and education have historically been a service of NRCS, local
conservation districts, and partnering organizations, most notably USDA Extension Service. 58
NRCS has developed a Science and Technology Consortium to acquire, develop, and transfer
technology. The consortium, consisting of NRCS technology specialists and cooperating
scientists, communicates within NRCS and with external partners, including colleges,
universities, non-government organizations, and the private sector to transfer technological
advances into practical applications.59
The number of producer organizations with interest in conservation technology is growing, with
many groups organizing relevant management practice and applications. The Iowa Soybean
Association, for example, has a program called the On-Farm Network that assists farmers in
organizing and conducting on-farm research about nutrient use in order to document changes in
the efficiency of nitrogen use on crops. The goal is to reduce nitrogen applications for both
positive environmental effects and reduced input costs. The beneficial management practices
resulting from this on-farm research are then presented to other association members.60
Conservation Innovation Grants (CIG) within EQIP awards grants to stimulate innovative
approaches in environmental enhancement and protection, in conjunction with agricultural
production. Following the completion of these grants, the results are intended to provide a return
on federal investment, as findings are expected to be incorporated into the NRCS consortium of
technical tools available. 61
Discussion Questions
•
Technical assistance historically has been based on science-based principles and
application of proven techniques. Conservation Innovation Grants have drawn
support since the initial awards in 2004. How has the technology transferred from
these individual projects been incorporated into the national technical assistance
57
Access to the Electronic Field Office Technical Guide (eFOTG) is publicly available at http://www.nrcs.usda.gov/
technical/efotg/.
58
Extension activities are supported through USDA’s National Institute of Food and Agriculture (NIFA), formally the
Cooperative State Research, Education, and Extension Service (CSREES). For additional information, see CRS Report
R40819, Agricultural Research, Education, and Extension: Issues and Background.
59
Additional information about the Science and Technology Consortium may be found at http://www.nrcs.usda.gov/
technical/SandT/.
60
Iowa Soybean Association, On-Farm Network, http://www.isafarmnet.com/.
61
USDA, NRCS, Conservation Innovation Grants, http://www.nrcs.usda.gov/technical/cig/index.html.
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toolbox? Has this helped or hindered producer application of new technology
through federal programs?
•
Producer organizations have had mixed success with their own conservation
technology initiatives. What, if any, solutions are available to promote or expand
the private sector interest in supporting technology transfer within existing
producer organizations?
•
Over $300 million was provided to upgrade existing technology and streamline
the Commodity Credit Corporation’s (CCC’s) program delivery business
processes.62 How will this effort improve the delivery of conservation programs?
How will this system interact with the NRCS program delivery system? Is there
overlap or duplication with the NRCS streamlining initiative?
Mission
NRCS, formerly SCS, was authorized in the Soil Conservation and Domestic Allotment Act of
1935 (P.L. 74-46, 49 Stat. 163). This legislation gave SCS responsibility for soil erosion
prevention, surveys, and investigations. The 2008 farm bill amended the 1935 act to include a
broader definition of technical assistance. NRCS continues to address new and expanding
resource concerns that require additional technical capacity. Questions have been raised about
whether these expanded responsibilities should be concentrated or other responsibilities should be
removed.
One suggested solution to expanding technical capabilities and meeting the need of additional
technical assistance is to reduce or remove the administrative support functions associated with
conservation programs.63 For this suggestion, administrative functions are limited to distributing
financial assistance in contractual agreements to producers.64 Some have suggested that these
functions be moved to FSA or competitively contracted to the private sector. Reception to this
suggestion varies.
In January 2009, NRCS formally initiated the Conservation Delivery Streamlining Initiative. The
purpose of this initiative is to define and implement a more effective, efficient, and sustainable
business model for delivering conservation assistance.65 No cost saving estimates were provided
based on this initiative; however, the agency defines success as having technical field staffs spend
as much as 75% of their time in the field with customers, and over 80% of the time/tasks
currently spent by technical staff on administrative or clerical financial assistance tasks
eliminated, automated, or reassigned to other staff.66
62
USDA, FSA, “Administrator Announces Selection of New Chief Information Officer,” press release, December 10,
2008, http://www.fsa.usda.gov/FSA/newsReleases?area=home&subject=meda&topic=ner&newstype=newsrel&type=
detail&item=nr_20081210_rel_1552.html.
63
U.S. Congress, House Committee on Agriculture, Subcommittee on Conservation, Credit, Energy, and Research,
Testimony of Mr. John Lohr, Vice President National Association of FSA County Office Employees (NASCOE),
Hearing to Review the Administration and Delivery of Conservation Programs, 111th Cong., 2nd sess., July 1, 2010.
64
Many refer to this as “writing checks.”
65
USDA, NRCS, Conservation Delivery Streamlining Initiative, Overview, May 2010.
66
Ibid.
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Discussion Questions
•
As additional resource concerns require additional technical assistance, will the
technical capacity need to be expanded as well? New resource concerns such as
nutrient management, animal waste, air quality, climate change, and energy are
placing increased demands on technical assistance. In what capacity should the
current technical assistance system (federal capacity, partnerships, technical
service providers) expand to meet this need?
•
Upon enactment of the Soil and Water Resources Conservation Act (RCA, P.L.
95-192) in 1977, USDA was directed to develop a national soil and water
conservation program and to periodically assess the condition of the nation’s soil,
water, and other natural resources. Under RCA, reports guide the department’s
soil and water conservation priorities. Authority under the RCA was extended in
the 2008 farm bill to 2018. Has the required reporting mechanism of RCA better
organized USDA’s natural resources activities? Would additional reporting
measures for technical assistance be helpful for Congress, and if so, should they
be tied to changes in spending on technical assistance?
•
Discussion continues about administrative support tasks and their impact on
technical assistance. Congress has historically delegated responsibility for the
division of labor and tasks between agencies to the Secretary of Agriculture.
Should Congress define this role instead of the Secretary? What benefits are
experienced by producers having one agency fully control conservation
programs? Would a reduced administrative burden increase the efficiency of
technical assistance? Should Congress authorize separate accounts to fund both
technical assistance and administrative support, or should the two be combined
and titled differently?
•
In 2009, NRCS initiated a conservation delivery streamlining initiative designed
to implement a more effective and efficient method of delivering technical
assistance. What actions is NRCS undertaking as part of its streamlining
initiative to simplify conservation delivery? Are there particular areas or regions
that have an overly complex system of delivering conservation? How will this
system interact with FSA’s program delivery system? Is there overlap or
duplication with FSA’s modernization project?
Funding
Congress continues to discuss funding for technical assistance. 67 Several interests would like to
see funding increased; however, given current federal budget constraints this action seems
unlikely in future appropriation acts. Discretionary funding for technical assistance still provides
the majority of funding for conservation technical assistance; however, funding for farm bill
programs continues to increase, closing the gap between the two sources.
67
See U.S. Congress, House Committee on Agriculture, Subcommittee on Conservation, Credit, Energy, and Research,
Hearing to Review the Administration and Delivery of Conservation Programs, 111th Cong., 2nd sess., July 1, 2010.
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Discussion Questions
•
Section 2502 of the 2008 farm bill allows certain technical assistance activities
involving the development of plans to be considered an eligible practice under
EQIP and paid for with financial assistance. These Conservation Activity Plans,
or CAPs, are now performed primarily by TSPs. Have CAPs performed by TSPs
freed up NRCS staff time for other technical assistance activities? Do the
additional administrative measures to write CAP contracts offset time savings
devoted to technical assistance? Does the expansion of financial assistance
funding for technical assistance contracts reduce the backlog for technical
assistance? If CAPs prove successful, could the contracting of technical
assistance work using financial assistance funding be extended into other areas or
programs? What other areas would seem most appropriate?
•
Technical assistance is increasingly being offered for a fee in the private sector.
The FY2011 President’s budget proposal included proposed legislation to charge
a user fee for conservation plans What technical assistance costs, if any, are
producers willing to cover financially without government compensation? Are
more producers willing to cover these costs to meet regulation requirements
(nutrient management) or to bypass a slow response and possible limited
resources on the part of the federal government?
•
The debate regarding technical assistance funding for conservation under the
Section 11 cap (15 U.S.C. 714i) in the Commodity Credit Corporation Charter
Act continues. The ARRA provision (sec. 103) that provides technical assistance
under title II to be funded through CCC expired September 30, 2010. Should this
authority be extended? Will the limitations of the cap continue to affect other
agencies funded through the CCC? If additional legislative changes are made to
the Section 11 cap, what effect would this have on conservation technical
assistance?
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Appendix A. Historical Context
The complexities of technical assistance emerged through incremental policy changes over time.
When the federal agriculture conservation effort was limited primarily to soil erosion control and
water supply, technical assistance was limited in the number of resource concerns addressed as
well as funding. Technical assistance has expanded in both scope and funding recently, and has
been brought to the forefront of the debate for both implementation and funding levels. How this
process evolved is discussed below.
Federal Conservation Assistance
Not until the 1930s and the occurrence of the Dust Bowl did soil conservation become a national
priority. On August 25, 1933, through the use of public works program funding, the Department
of the Interior (DOI) created the Soil Erosion Service. In March 1935, the President ordered Soil
Erosion Service moved to the USDA.
The severity of soil erosion at the time helped gain congressional support for the passage of the
Soil Conservation and Domestic Allotment Act (P.L. 74-46, 49 Stat. 163) in April 1935,
establishing the Soil Conservation Service (SCS) within the USDA. The SCS was established for
the purpose of providing “permanently for the control and prevention of soil erosion and thereby
to preserve natural resources, control floods, prevent impairment of reservoirs, and maintain the
navigability of rivers and harbors, protect public health, public lands and relieve
unemployment.”68
Following the enactment of the 1935 legislation creating the SCS, most of the services provided
to landowners were through demonstration projects. Agreements (usually five years in length)
were entered into with landowners who agreed to contribute access to their land, labor, and some
resources in exchange for following a conservation plan. The SCS provided technical assistance,
materials, labor (using the Civilian Conservation Corps and Emergency Conservation Work
camps). The overlapping mission with other federal and state agencies (the Extension Service and
land grant universities in particular) and limited landowner buy-in forced the USDA to look
toward more localized entities to carry out these demonstrations. This brought about the
establishment of the soil conservation districts.
Model state legislation to create and operate districts was presented to state governors in February
1937 by President Franklin D. Roosevelt, who encouraged adoption. This level of interest directly
from the President highlights the significant level of political support for soil conservation during
this time. In 1937, twenty-two states passed legislation creating districts. Following the creation
of these districts, SCS increasingly concentrated on providing technical assistance to farmers
through these new local entities. The current role of Conservation Districts is discussed in the
“Outlook for Technical Assistance” section, above.
68
Simms, D. Harper, The Soil Conservation Service (New York, NY, 1970).
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Expansion of Technical Assistance
The SCS mission has expanded beyond soil erosion and conservation assistance through multiple
legislative and administrative mandates. The focus of conservation technical assistance has
shifted with changes in national priorities. Technical assistance has fluctuated between addressing
a limited number of resources and most or all natural resources on agricultural lands.
Small Watershed Programs (P.L. 83-566)
The addition of water resources as a technical assistance responsibility added to the scope of SCS
functions. The enactment of the Flood Control Act of 1936 (P.L. 74-738) authorized SCS to
measure, study, and plan run-off and erosion prevention activities in selected watersheds through
technical assistance. The Flood Control Act of 1944 (P.L. 78-534) and the Watershed Protection
and Flood Prevention Act of 1954 (P.L. 83-566)69 expanded the watershed program to include not
only the traditional planning function created in the 1936 act but also added financial assistance
funding for projects. These projects involved a holistic approach to watershed planning and
included a multi-disciplinary team consisting of a wide range of technical experts (e.g.,
geologists, hydrologists, engineers, economists, etc.). SCS provided this technical assistance and
federal support through a coordination role. Local communities were expected to provide land
rights and maintenance responsibility upon project completion. Projects were intended to treat the
whole watershed, thereby providing benefits beyond flood control and prevention, including
drainage, recreation, municipal and industrial water supply, fish and wildlife enhancement,
irrigation, and water quality protection.70
Compliance
Provisions in the 1985 farm bill (P.L. 99-198) dramatically changed technical assistance functions
and responsibilities. It authorized conservation compliance (commonly referred to as sodbuster)
and wetlands compliance (commonly referred to as swampbuster) regulations, transforming many
technical assistance functions that SCS historically performed by requiring enforcement of
conservation under certain circumstances. Sodbuster prohibits participation in numerous specified
USDA programs when annually tilled commodity crops are produced on highly erodible land
(HEL) without adequate erosion protection. Swampbuster provisions prohibit participation in
numerous specified USDA programs when annually tilled commodity crops are produced, or land
is drained to make production possible, on certified wetlands. SCS had, and NRCS (successor to
SCS) continues to have, primary responsibility for providing technical assistance for determining
whether land should be classified as highly erodible or a wetland. This task of certifying and
determining cropland across the country required time and shifted resources away from the
whole-farm planning approach to a narrower focus on soil erosion. Whereas the conservation
technical assistance movement had begun with the Dust Bowl and soil erosion, over time it had
broadened and expanded to include other resource concerns. With the emergence of conservation
69
The Flood Control Act of 1944 (P.L. 78-534) authorized 11 of the projects created in the 1936 Flood Control Act.
The Watershed Protection and Flood Prevention Act of 1954 (P.L. 83-566) expanded the watershed program to
watersheds of 250,000 acres or less. These projects, because of this limit, became known as the small watershed
program.
70
Helms, Douglas, “Natural Resources Conservation Service Brief History,” March 2007, at http://www.nrcs.usda.gov/
about/history/articles/briefhistory.html.
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compliance much of the focus had moved back to an old issue, soil erosion (and a new one,
wetlands).
New Name, Expanded Responsibilities
The 1990s brought about a new trend in technical assistance, linking financial incentives to
technical assistance in many new ways. Traditionally, technical assistance provides the planning,
design, and technical consultation functions, while financial assistance offers monetary support
for implementation capacity. In 1994, national priorities changed and the Soil Conservation
Service was reorganized by Congress as part of an overall reorganization of USDA. Its name was
changed to reflect its expanded responsibilities; the Natural Resources Conservation Service
(NRCS). Also, NRCS assumed additional responsibilities for administration and leadership of
some conservation programs from FSA. One such program was the Wetlands Reserve Program
(WRP), which expanded technical assistance responsibility into easement management.
Authorized in the 1990 farm bill, the WRP purchases long-term or permanent easements and
funds restoration on wetlands. Following the 1996 farm bill, NRCS became responsible for
administering the Environmental Quality Incentives Program (EQIP), a combination of several
financial assistance programs. Following the 2002 farm bill, NRCS became responsible for not
only technical assistance and the administration of many conservation programs, but also for
making payments on contractual agreements.71 Along with this additional increase in
responsibility and an expanding list of natural resource concerns came a significant increase in
funding authority. 72
71
The decision for NRCS to be responsible for making payments on conservation contracts was an administrative
decision, not one dictated by Congress.
72
Helms, Douglas, “Technical Assistance—The Engine of Conservation,” March 2005, at http://www.nrcs.usda.gov/
about/history/articles/CTA_17Mar_Draft3.pdf.
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Appendix B. Reimbursements between NRCS &
FSA
Two conservation programs directly involve both FSA and NRCS—the Conservation Reserve
Program (CRP) and the Grassland Reserve Program (GRP). To better define each agency’s role in
program implementation, an MOA or MOU is signed, usually following each farm bill. The
memorandum is typically valid until the program expires, there is congressional action on the
program, or there is a major administrative change to the program. The following outlines each
agency’s role in implementing CRP and GRP as defined by the respective MOA and MOU.
Conservation Reserve Program (CRP)
In the case of CRP, FSA retains leadership control over the program and has responsibility for
overall implementation. These activities include but are not limited to program policy
development, signup establishment, application approval, contract administration, county rate
determinations, and program payments. 73 NRCS provides technical assistance, either directly or
through TSPs, and ensures that all work is performed in accordance with technical standards. FSA
reimburses NRCS on a monthly basis based on the NRCS cost of program model (described
above) and the amount of work performed. These costs include activities related to new general
and continuous enrollments, re-enrollments and extensions for general signup, and re-enrollments
for continuous signup. According to the MOA, activities may include74
•
determining program eligibility for continuous CRP, Conservation Reserve
Enhancement Program (CREP), and the Farmable Wetland Program (FWP);
•
conservation planning;
•
conservation practice design system implementation and certification of 10% of
all practice; or
•
providing policy and program support.
During FY2009, NRCS was reimbursed for approximately $56 million for technical assistance
provided to CRP activities. 75 Changes in the 2008 farm bill to FWP are expected to increase
technical assistance costs because constructed wetlands are considerably more expensive than
other conservation practices. 76 This, in addition to the general signup (number 39) in FY2010 and
another possible signup in FY2011, could increase the amount of technical assistance from NRCS
and increase reimbursements from FSA.
73
For more information on CRP, see CRS Report RS21613, Conservation Reserve Program: Status and Current
Issues.
74
USDA, Memorandum of Agreement (MOA) between NRCS, FSA, and CCC, For implementation of the Conservation
Reserve Program, Signed by Dave White, Chief of NRCS and Douglas Caruso, Administrator of FSA, Washington,
DC, May 21, 2009.
75
USDA, FY2011 Budget, Explanatory Notes for Committee on Appropriations, February 2010.
76
Letter from Jonathan Coppess, Deputy Administrator for Farm Programs, to Douglas J. Caruso, Administrator of
FSA, May 21, 2009.
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Grassland Reserve Program (GRP)
The Grassland Reserve Program (GRP) is different from CRP in that functions of the program are
not split along financial and technical assistance lines. FSA has lead responsibility for rental
contract administration, and NRCS has lead responsibility on technical assistance issues and
easement administration. An MOU is signed by both NRCS and FSA describing these functions
in detail. Generally, responsibilities include77
•
FSA—accepting applications; issuing payments; assessing penalties and
liquidated damages as applicable; accepting, modifying, and terminating rental
contracts; landowner eligibility determinations on easement and rental contracts;
acreage determination on rental contracts; maintaining GRP records and reports
and enforcement of violations on rental contracts.
•
NRCS—accepting applications; providing technical assistance to the participant;
evaluating and ranking applications for rental contracts and easements; ensuring
conservation treatment is in accordance to program requirements; ranking and
selecting applications for funding; providing payment documentation to FSA;
and establishing quality assurance and control procedures to monitor land
enrolled in easements or rental contracts.
GRP operates under a continuous sign up and both FSA and NRCS develop the state ranking
criteria to select eligible projects. NRCS supplies the technical assistance for developing a
grazing management plan and any technical assistance following the producer signing a contract
or easement. Under the MOU, NRCS reimburses FSA for administrative costs incurred with
implementing GRP. These costs are based on historic workload data and the number of
applications and contracts provided by FSA.78
Author Contact Information
(name redacted)
Analyst in Agricultural Conservation and Natural
Resources Policy
/redacted/@crs.loc.gov, 7-....
77
USDA, FY2011 Budget, Explanatory Notes for Committee on Appropriations, February 2010.
78
USDA, Memorandum of Understanding (MOU) for the Grassland Reserve Program (GRP) between FSA,CCC, and
NRCS, Signed by Dave White, Chief of NRCS and Douglas Caruso, Administrator of FSA, Washington, DC, June 23,
2009.
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