I 

118TH CONGRESS 

2D SESSION H. R. 8270 

To amend the Food Security Act of 1985 to modernize the conservation 

reserve program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2024 

Mr. FINSTAD introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To amend the Food Security Act of 1985 to modernize 

the conservation reserve 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 ‘‘Conservation Reserve 

5 Program Modernization Act’’. 

6 SEC. 2. DEFINITIONS. 

7 Subchapter B of chapter 1 of title XII of the Food 

8 Security Act of 1985 (16 U.S.C. 3831 et seq.) is amended 

9 by inserting before section 1231 the following: 


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1 ‘‘SEC. 1230. DEFINITIONS. 

2 ‘‘In this subchapter: 

3 ‘‘(1) CONSERVATION BUFFER.—The term ‘con4 servation buffer’ means a practice that, once estab5 lished, provides a benefit to water quality or another 

6 resource concern, including— 

7 ‘‘(A) a grass sod waterway; 

8 ‘‘(B) a contour grass sod strip; 

9 ‘‘(C) a prairie strip; 

10 ‘‘(D) a filterstrip; 

11 ‘‘(E) a field border; 

12 ‘‘(F) a living snow fence; 

13 ‘‘(G) a riparian buffer; 

14 ‘‘(H) a shelterbelt or windbreak; 

15 ‘‘(I) a wetland or a wetland buffer (includ16 ing a buffer for prairie potholes, a playa, or a 

17 pocosin); 

18 ‘‘(J) a saturated buffer; 

19 ‘‘(K) a bioreactor; 

20 ‘‘(L) a wellhead protection area; and 

21 ‘‘(M) other similar practices, as determined 

22 by the Secretary. 

23 ‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’ 

24 means land that is authorized to be included in the 

25 conservation reserve program under section 1231(b). 


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1 ‘‘(3) ELIGIBLE PARTNER.—The term ‘eligible 

2 partner’ means— 

3 ‘‘(A) a State; 

4 ‘‘(B) a political subdivision of a State; 

5 ‘‘(C) an Indian Tribe; or 

6 ‘‘(D) a nongovernmental organization. 

7 ‘‘(4) LAND CAPABILITY CLASS.—The term ‘land 

8 capability class’ means a soil classification assigned 

9 using the land capability classification system in ef10 fect on December 23, 1985.’’. 

11 SEC. 3. ELIGIBLE LAND. 

12 Section 1231(b) of the Food Security Act of 1985 

13 (16 U.S.C. 3831(b)) is amended to read as follows: 

14 ‘‘(b) ELIGIBLE LAND.—The Secretary may include in 

15 the conservation reserve program the following: 

16 ‘‘(1) Cropland that— 

17 ‘‘(A)(i) on a field level, consists of not less 

18 than 85 percent soils with a dryland cropland 

19 land capability class of III through VII; or 

20 ‘‘(ii) cannot be farmed in accordance with 

21 a plan that complies with the requirements of 

22 subtitle B; and 

23 ‘‘(B) the Secretary determines had a crop24 ping history or was considered to be planted for 

25 not fewer than 4 of the 6 years preceding the 


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1 date of enactment of the Conservation Reserve 

2 Program Modernization Act. 

3 ‘‘(2) Cropland (including prairie potholes, 

4 playas, and pocosins within cropland), grasslands, 

5 and marginal pasture land (including marginal 

6 pastureland converted to wetland or established as 

7 wildlife habitat) to be— 

8 ‘‘(A) devoted to conservation buffers; 

9 ‘‘(B) established to ecologically appropriate 

10 vegetation, including trees, in or near riparian 

11 areas, intermittent, seasonal, or perennial 

12 streams, wetlands (including prairie potholes, 

13 playas, and pocosins), or saline-impaired soils; 

14 or 

15 ‘‘(C) devoted to similar water quality or 

16 wildlife habitat practices. 

17 ‘‘(3) Grasslands that— 

18 ‘‘(A) contain forbs or shrubland (including 

19 improved rangeland and pastureland) for which 

20 grazing is the predominant use; 

21 ‘‘(B) are located in an area historically 

22 dominated by grasslands; and 

23 ‘‘(C) could provide habitat for animal and 

24 plant populations of significant ecological value 


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1 if the land is retained in its current use or re2 stored to a natural condition. 

3 ‘‘(4) Land described in paragraph (1), (2), or 

4 (3) that will address significant water quality, water 

5 conservation, and wildlife habitat concerns, as pro6 posed by an eligible partner and agreed to by the 

7 Secretary for purposes of section 1231A. 

8 ‘‘(5) The portion of land in a field not enrolled 

9 in the conservation reserve in a case in which— 

10 ‘‘(A) more than 50 percent of the land in 

11 the field is enrolled as a buffer or filterstrip, or 

12 more than 75 percent of the land in the field 

13 is enrolled as a conservation practice other than 

14 as a buffer or filterstrip; and 

15 ‘‘(B) the Secretary determines that the re16 mainder of the field is infeasible to farm.’’. 

17 SEC. 4. MULTIPLE ENROLLMENTS. 

18 Section 1234(d)(2)(B) of the Food Security Act of 

19 1985 (16 U.S.C. 3834(d)(2)(B)) is amended to read as 

20 follows: 

21 ‘‘(B) MULTIPLE ENROLLMENTS.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

23 subparagraph (A), if land subject to a con24 tract entered into under this subchapter is 

25 reenrolled pursuant to section 1231(g), the 


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1 annual rental payment shall be in an 

2 amount that is not more than the applica3 ble percentage of the relevant county aver4 age soil rental rate for the year in which 

5 the reenrollment occurs (as determined 

6 under paragraph (4)(E)). 

7 ‘‘(ii) APPLICABLE PERCENTAGE.—For 

8 purposes of clause (i), the applicable per9 centage shall be— 

10 ‘‘(I) for the first reenrollment 

11 that occurs after the date of enact12 ment, 85 percent; and 

13 ‘‘(II) for each subsequent 

14 re1enrollment, the percentage that is 

15 10 percentage points less than the 

16 percentage that was applicable to the 

17 preceding reenrollment.’’. 

18 SEC. 5. RENTAL RATES. 

19 Section 1234(d)(4)(E) of the Food Security Act of 

20 1985 (16 U.S.C. 3834(d)(4)(E)) is amended to read as 

21 follows: 

22 ‘‘(E) RENTAL RATE LIMITATION.—The 

23 county average soil rental rate (before any ad24 justments relating to specific practices, wellhead 


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1 protection, or soil productivity) shall not ex2 ceed— 

3 ‘‘(i) for eligible land consisting of soils 

4 with a dryland cropland land capability 

5 class of I or II that is enrolled under the 

6 general enrollment option or the conserva7 tion reserve enhancement program, 85 per8 cent of the estimated rental rate deter9 mined under this paragraph; 

10 ‘‘(ii) for eligible land consisting of 

11 soils with a dryland cropland land capa12 bility class of III that is enrolled under the 

13 general enrollment option or the conserva14 tion reserve enhancement program, 100 

15 percent of the estimated rental rate deter16 mined under this paragraph; 

17 ‘‘(iii) for eligible land consisting of 

18 soils with a dryland cropland land capa19 bility class of IV through VII that is en20 rolled under the general enrollment option 

21 or the conservation reserve enhancement 

22 program, 115 percent of the estimated 

23 rental rate determined under this para24 graph; and 


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1 ‘‘(iv) for eligible land enrolled under 

2 the continuous enrollment option, 100 per3 cent of the estimated rental rate deter4 mined under this paragraph, without re5 gard to the land capability class of the 

6 soil.’’. 

7 SEC. 6. COST-SHARING PAYMENTS. 

8 Section 1234(b)(1) of the Food Security Act of 1985 

9 (16 U.S.C. 3834(b)(1)) is amended to read as follows: 

10 ‘‘(1) IN GENERAL.—In making cost-sharing 

11 payments to an owner or operator under a contract 

12 entered into under this subchapter, the Secretary 

13 shall pay 50 percent of the cost of, as the Secretary 

14 determines appropriate and in the public interest— 

15 ‘‘(A) establishing permanent vegetation, in16 cluding site preparation, cover, fertilizer, seed17 ing, and planting; 

18 ‘‘(B) carrying out erosion control practices 

19 necessary to stabilize the site for vegetation es20 tablished under subparagraph (A); 

21 ‘‘(C) installing fencing to protect riparian 

22 areas and buffers; 

23 ‘‘(D) carrying out water development prac24 tices associated with excluding livestock from 

25 protected riparian areas; 


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1 ‘‘(E) installing fencing and carrying out 

2 water development practices to facilitate transi3 tion to livestock grazing on lands enrolled under 

4 the grasslands enrollment option; 

5 ‘‘(F) conducting the necessary and appro6 priate mid-contract management activities to 

7 maintain the permanent cover and associated 

8 benefits; and 

9 ‘‘(G) carrying out other water quality con10 servation measures and practices.’’. 

Æ 


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