Andrew Zhang is a third year law student at Harvard Law School and a guest contributor to this blog.
In the shadow of a government shutdown, the U.S. Department of Agriculture (USDA) finds its conservation programs facing an uncertain future. In some respects, there may be areas of stability or relief. For one, despite the 2018 Farm Bill’s expiration this past September, the Inflation Reduction Act ensures that many of USDA’s principal conservation programs, including the Environmental Quality Incentives Program, Conservation Stewardship Program, and Agriculture Conservation Easement Program, will remain authorized and funded through at least 2031.
But, on balance, 2025 has proven to be a rather turbulent year for conservation. Thousands of farmers enrolled in conservation programs were left in the lurch after billions of dollars in USDA funds were either frozen or canceled during the early months of President Trump’s second term. Additionally, since January, the Natural Resources Conservation Service (NRCS)—USDA’s primary private lands conservation agency providing technical and financial assistance to agricultural producers—has lost thousands of employees (Secretary of Agriculture Brooke Rollins’ proposed USDA reorganization plan may propel that total even higher). And, as is the case with many other policy areas, the government shutdown is further aggravating what is already a volatile situation. Most of the NRCS’s critical operational services, including the processing of contract payments to farmers and important conservation planning activities, have entirely halted. In truth, the prospect of the NRCS providing any meaningful level of service to agricultural producers during the shutdown is questionable in itself, given the fact that over 95% of the NRCS’s roughly 9,000 remaining employees have been furloughed.
The government shutdown and the political turmoil it has unleashed currently occupy much of people’s minds—and for good reason. But with all this uncertainty, some groups warn against losing sight of an important goal: securing a new farm bill that preserves and supports USDA’s conservation programs.
Several bills introduced in the most recent session of Congress may offer insights into current legislative priorities surrounding USDA’s conservation programs. Some bills propose substantive revisions that focus on streamlining aspects of certain existing conservation programs. For instance, the CRP Improvement and Flexibility Act, would fortify the Conservation Reserve Program by raising payment limitations to reflect inflation and modern land values as well as providing cost-share for grazing infrastructure; the CREP Improvement Act would bolster the Conservation Research Enhancement Program by broadening eligibility and offering more flexible payment structures for eligible producers; and the ENABLE Conservation Act would make it easier for farmers to enroll in voluntary conservation programs. Moreover, a bill like the Increased TSP Access Act would make it easier to access USDA conservation programs by addressing capacity issues that the NRCS faces, while the Honor Farmer Contracts Act would hold USDA to account and aims to restore the trust of agricultural producers in its programs.
It’s clear that Congress has an appetite for improving USDA’s conservation programs—and given how consistently demand for these programs outpaces supply, farmers and ranchers do too. But as farmers and ranchers continue to face mounting economic and climate-related challenges, the next farm bill will be a true test of Congress’ commitment to supporting conservation programs—and the resources and trust needed to power them. The uncertainty that has defined the past year in D.C. underscores just how consequential the next farm bill will be.
The views and opinions expressed on the FBLE Blog are those of the authors and do not necessarily reflect the official policy or position of FBLE. While we review posts for accuracy, we cannot guarantee the reliability and completeness of any legal analysis presented; posts on this Blog do not constitute legal advice. If you discover an error, please reach out to contact@farmbilllaw.org.
