II 

118TH CONGRESS 

1ST SESSION S. 658 

To amend the Food Security Act of 1985 to make adjustments to the 

environmental quality incentives program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2023 

Mr. BOOKER (for himself and Mr. LEE) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To amend the Food Security Act of 1985 to make adjustments to the environmental quality incentives program, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘EQIP Improvement 

5 Act of 2023’’. 

6 SEC. 2. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM 

7 REFORMS. 

8 (a) IN GENERAL.—Section 1240B of the Food Secu9 rity Act of 1985 (16 U.S.C. 3839aa–2) is amended— 


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1 (1) in subsection (d), by striking paragraph (2) 

2 and inserting the following: 

3 ‘‘(2) LIMITATION ON PAYMENTS.—A payment 

4 to a producer for performing a practice may not ex5 ceed, as determined by the Secretary— 

6 ‘‘(A) except as provided in subparagraphs 

7 (B) through (D), 75 percent of the costs associ8 ated with planning, design, materials, equip9 ment, installation, labor, management, mainte10 nance, or training; 

11 ‘‘(B) 40 percent of the costs associated 

12 with planning, design, materials, equipment, in13 stallation, labor, management, maintenance, or 

14 training for— 

15 ‘‘(i) an access road; 

16 ‘‘(ii) an animal mortality facility; 

17 ‘‘(iii) an aquaculture pond; 

18 ‘‘(iv) clearing and snagging; 

19 ‘‘(v) a dam; 

20 ‘‘(vi) a dam using a diversion; 

21 ‘‘(vii) a dike; 

22 ‘‘(viii) a diversion; 

23 ‘‘(ix) a fish raceway or tank; 

24 ‘‘(x) an irrigation pipeline; 

25 ‘‘(xi) an irrigation reservoir; 


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1 ‘‘(xii) land clearing; 

2 ‘‘(xiii) land smoothing; 

3 ‘‘(xiv) a livestock pipeline; 

4 ‘‘(xv) obstruction removal; 

5 ‘‘(xvi) a pond; 

6 ‘‘(xvii) a pumping plant; 

7 ‘‘(xviii) spoil spreading; 

8 ‘‘(xix) a surface drain using a field 

9 ditch; 

10 ‘‘(xx) a main or lateral surface drain; 

11 ‘‘(xxi) a vertical drain; 

12 ‘‘(xxii) a waste facility closure; 

13 ‘‘(xxiii) a waste storage facility; 

14 ‘‘(xxiv) waste transfer; or 

15 ‘‘(xxv) a waste treatment lagoon; 

16 ‘‘(C) 100 percent of income foregone by 

17 the producer; or 

18 ‘‘(D) in the case of a practice that includes 

19 1 or more elements described in subparagraphs 

20 (A) through (C)— 

21 ‘‘(i) 75 percent of the costs incurred 

22 with respect to any elements described in 

23 subparagraph (A); 


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1 ‘‘(ii) 40 percent of the costs incurred 

2 with respect to any elements described in 

3 subparagraph (B); and 

4 ‘‘(iii) 100 percent of the income for5 gone with respect to any elements de6 scribed in subparagraph (C).’’; and 

7 (2) in subsection (f), by striking the subsection 

8 designation and heading and all that follows through 

9 ‘‘For each’’ in paragraph (2)(B) and inserting the 

10 following: 

11 ‘‘(f) ALLOCATION OF FUNDING FOR WILDLIFE HABI12 TAT.—For each’’. 

13 (b) LIMITATION ON PAYMENTS.—Section 1240G of 

14 the Food Security Act of 1985 (16 U.S.C. 3839aa–7) is 

15 amended by striking ‘‘$450,000’’ and inserting 

16 ‘‘$150,000’’. 

17 (c) REPORT TO CONGRESS.—Section 1240B of the 

18 Food Security Act of 1985 (16 U.S.C. 3839aa–2) is 

19 amended by adding at the end the following: 

20 ‘‘(k) ANNUAL REPORT TO CONGRESS.—Not less fre21 quently than once each year, the Secretary shall submit 

22 to Congress a report describing— 

23 ‘‘(1) the amount obligated under the program 

24 with respect to each category of practice, with infor25 mation categorized by fiscal year and State; and 


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1 ‘‘(2) the amount obligated under the program 

2 in each State, with information categorized by fiscal 

3 year and the size of the operation of each pro4 ducer.’’. 

Æ 


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