STATE LEVEL COOPERATION
proposed rule making concept

Designated State Agency: The governor of each state shall determine which state agency shall have primary responsibility for cooperating with the Natural Resources Conservation Service in carrying out Stewardship Agreements in the State. The agency designated by the governor may choose to operate the program on its own, or may collaborate with one or more local, state or federal agencies, conservation districts, tribes or nongovernmental organizations in operating the program. The designated state agency shall consult with the agencies with management authority and responsibility for the resources affected on properties on which Stewardship Agreements are negotiated and assembled.

Annual Reports: The designated state agency shall annually submit to the Secretary and make publicly available a report that describes.—

 (2) The plans and objectives of the state for future activities under the program.  

State and Local Conservation Priorities:  To the maximum extent practicable, special project areas shall be designated and agreements shall developed to address the conservation priorities established by the state and locality in which eligible agricultural land is located. The Secretary may adopt for this purpose a pre-existing state or regional conservation plan or strategy that maps economically and ecologically important lands.

Watershed Enhancement:  To the extent practicable, the Secretary shall encourage the development of Stewardship Agreement applications on a watershed basis.

PARTNERSHIP APPROACH TO PROGRAM

Authority of Secretary Exercised Through Partnerships:  The Secretary may administer Stewardship Agreements in partnership with other federal, state, and local agencies whose programs are incorporated into the agreements, and in partnership with state departments of agriculture or other designated state agencies.

Designation and Use of Contracting Agencies: The Secretary may authorize a local conservation district, resource conservation and development council, extension service office, state-chartered stewardship entity, nonprofit organization, local office of the Department of Agriculture, or other participating government agency to enter into and administer Stewardship Agreements with private owners/operators as a contracting agency on behalf of the Secretary.

Conditions of Designation: The Secretary may designate an eligible district or office as a contracting agency only if the district of office—

 (1) submits a written request for such designation to the Secretary;

 (2) affirms that it is willing to follow all guidelines for executing and administering an agreement, as prescribed by the Secretary;

 (3) demonstrates to the satisfaction of the Secretary that it has established working relationships with owners and operators of eligible agricultural land, and based on the history of these working relationships, demonstrates that it has the ability to work with owners and operators of eligible agricultural land in a cooperative manner;

 (4) affirms its responsibility for preparing all documentation for the agreement, negotiating its terms with an owner or operator, monitoring compliance, making annual reports to the Secretary, and administering the agreement throughout its full term; and

(5) demonstrates to the satisfaction of the Secretary that it has or will have the necessary staff resources and expertise to carry out its responsibilities under paragraphs (3) and (4).

Delegation of Responsibility: The Secretary may delegate responsibility for reviewing and approving applications from local contracting agencies to the state department of agriculture or other designated state agency in the state in which the property is located, provided that the designated agency follows the criteria for reviewing and approving applications as established by the Secretary and consults with the agencies with management authority and responsibility for the resources affected on properties on which Stewardship Agreements are negotiated and assembled.