12 2 STA T . 1 076PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8‘ ‘ (B)EXCLUSION S .—TheS e cr e ta r ys ha l l no t d es ig nate as an acti v ity eligi b le f or p ay m ents to a third party provider any service that is provided by a b u siness , ore q uivalent, in connection w ith conducting business and that is custom - arily provided at no cost. ‘‘( 5 ) PAYME N T AMOUNTS.—The Secretary shall establish fair and reasonable amounts of payments for technical services provided by third-party providers. ‘‘(g) AV AILA B ILITY O F TEC H NICAL SE R VICES.— ‘‘( 1 ) I N G ENERAL.—In carrying out the programs under this title and the agricultural management assistance program under section 5 24 of the F ederal C rop Insurance Act ( 7U .S.C. 1524), the Secretary shall ma k e technical services available to all eligible participants who are installing an eligible practice. ‘‘(2) TECHNICAL SERVICE CONTRACTS.—In any case in which financial assistance is not provided under a program referred to in paragraph (1), the Secretary may enter into a technical service contract with the eligible participant for the purposes of assisting in the planning, design, or installation of an eligible practice. ‘‘(h) R EVIE W OF CONSERVATION PRACTICE STAN D ARDS.— ‘‘(1) REVIEW RE Q UIRED.—The Secretary shall— ‘‘(A) review conservation practice standards, including engineering design specifications, in effect on the date of the enactment of the Food, Conservation, and Energy Act of2 0 0 8; ‘‘(B) ensure, to the ma x imum extent practicable, the completeness and relevance of the standards to local agri- cultural, forestry, and natural resource needs, including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and such other needs as are determined by the Secretary; and ‘‘(C) ensure that the standards provide for the optimal balance between meeting site-specific conservation needs and minimi z ing risks of design failure and associated costs of construction and installation. ‘‘(2) CONSULTATION.—In conducting the review under para- graph (1), the Secretary shall consult with eligible participants, crop consultants, cooperative extension and land grant univer- sities, nongovernmental organizations, and other qualified enti- ties. ‘‘( 3 )EX P EDITED REVISION OF STANDARDS.—If the Secretary determines under paragraph (1) that revisions to the conserva- tion practice standards, including engineering design specifica- tions, are necessary, the Secretary shall establish an adminis- trative process for expediting the revisions. ‘‘(i) ADDRESSING CONCERNS OF SPECIALITY CROP, O RGANIC, AND PRECISION AGRICULTURE PRODUCERS.— ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(A) to the maximum extent practicable, fully incor- porate specialty crop production, organic crop production, and precision agriculture into the conservation practice standards; and ‘‘(B) provide for the appropriate range of conservation practices and resource mitigation measures available to producers involved with organic or specialty crop produc- tion or precision agriculture.
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