SECTION 1619 OF THE FARM BILL

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Presentation transcript:

SECTION 1619 OF THE FARM BILL The Impact on NRCS & Partners 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

SECTION 1619 OF THE FARM BILL Prohibits disclosure of information given to USDA by a producer or landowner in order to participate in a USDA program Includes geospatial information 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

Authorized Disclosures May release the information to a person or federal, state, local, or tribal agency working in cooperation with any USDA program when: providing technical or financial assistance; or When responding to a disease or pest threat as authorized by the Secretary 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

Exceptions Allowing Disclosure: Payment information (including names and addresses of recipients of payments) Information that has been transformed into statistical or aggregate form Producer/landowner consent 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

Participation is NOT Conditioned on Consent We cannot require producers or landowners to sign a consent or release form in order to participate in our programs 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS KEY IMPACTS ON NRCS 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS Wetland Information All types of wetland maps (inventory, official, and certified) are now protected information and cannot be given out without consent General Manual has not been updated, but Section 1619 trumps our GM. 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

Producer Consent to Release There is no specific form that a producer must sign to authorize release of his or her information. Signed and dated written statement indicating what specific information can be released to whom and for how long 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

KEY IMPACTS ON PARTNERS 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS USDA Partners Information can be shared with USDA employees without obtaining consent They are bound by Section 1619 as well 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS Non-USDA Partners MOUs can be developed that cover the sharing of information with non-USDA partners in compliance with Section 1619. Partner must cooperate on a USDA program to provide technical or financial assistance MOUs cannot be for general regulatory or enforcement purposes. 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS Non-USDA Partners Until covered by an MOU, a non-USDA Partner working on the cooperative USDA program to give technical/financial assistance can have access to producer information by signing Attachment C – Certification of NRCS Conservation Cooperator 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS Non-USDA Partners Currently working on MOUS: US Fish and Wildlife Service US Army Corps of Engineers Pheasants Forever SDACD SD Historic Preservation Office (SHPO) 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS Attachment C Database We will be working on a database on the shared drive or Sharepoint listing those people who have signed Attachment C This will allow people to cross county/office boundaries 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

Conservation Districts All CD Board members and employees with access to producer information must sign Attachment C until such time that the Cooperative Working Agreement with each District is updated covering Section 1619. 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS RC&D All non-federal RC&D employees and Council members with access to producer information must sign Attachment C until such time that the Cooperative Agreement with each Council is updated covering Section 1619. 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS TSP All TSP employees with access to producer information must sign Attachment C. Statewide list of TSPs who have signed will be maintained on the TSP website. More information to come from Jay Cobb. 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS

presented by Tony Doxtater, SAO, South Dakota NRCS ANY QUESTIONS??? 9/19/2018 presented by Tony Doxtater, SAO, South Dakota NRCS