II 

118TH CONGRESS 

1ST SESSION S. 2710 

To provide for the conservation of the Chesapeake Bay, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2023 

Mr. CARDIN (for himself, Mr. CASEY, Mr. VAN HOLLEN, Mr. WARNER, and 

Mr. KAINE) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To provide for the conservation of the Chesapeake Bay, 

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 ‘‘Chesapeake Bay Con5 servation Acceleration Act of 2023’’. 

6 SEC. 2. CHESAPEAKE BAY STATES’ PARTNERSHIP INITIA7 TIVE. 

8 Chapter 5 of subtitle D of title XII of the Food Secu9 rity Act of 1985 is amended by inserting after section 

10 1240O (16 U.S.C. 3939bb–2) the following: 


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1 ‘‘SEC. 1240Q. CHESAPEAKE BAY STATES’ PARTNERSHIP INI2 TIATIVE. 

3 ‘‘(a) DEFINITION OF CHESAPEAKE BAY WATER4 SHED.—In this section, the term ‘Chesapeake Bay water5 shed’ means— 

6 ‘‘(1) the Chesapeake Bay; 

7 ‘‘(2) the portions of the States of Delaware, 

8 Maryland, New York, Pennsylvania, Virginia, and 

9 West Virginia that contain the tributaries, back10 waters, and side channels, including their water11 sheds, that drain into the Chesapeake Bay; and 

12 ‘‘(3) the District of Columbia. 

13 ‘‘(b) ESTABLISHMENT AND PURPOSE.—The Sec14 retary shall carry out a Chesapeake Bay States’ Partner15 ship Initiative (referred to in this section as the ‘Initia16 tive’) to assist producers in implementing conservation ac17 tivities on agricultural lands in the Chesapeake Bay water18 shed for the purposes of— 

19 ‘‘(1) improving water quality and quantity in 

20 the Chesapeake Bay watershed; 

21 ‘‘(2) restoring, enhancing, and preserving soil, 

22 air, and related resources in the Chesapeake Bay 

23 watershed; and 

24 ‘‘(3) increasing the resilience of agricultural 

25 production in the Chesapeake Bay watershed to 

26 withstand the impacts of climate change. 


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1 ‘‘(c) CONSERVATION ACTIVITIES.—The Secretary 

2 shall deliver the funds made available to carry out this 

3 section through applicable programs under this subtitle, 

4 including by providing enrollment opportunities that are 

5 targeted to the Chesapeake Bay watershed, to assist pro6 ducers in enhancing land and water resources— 

7 ‘‘(1) by controlling erosion and reducing sedi8 ment and nutrient levels in ground and surface 

9 water; and 

10 ‘‘(2) by planning, designing, implementing, and 

11 evaluating habitat conservation, restoration, and en12 hancement measures where there is significant eco13 logical value if the land is— 

14 ‘‘(A) retained in its current use; or 

15 ‘‘(B) restored to its natural condition. 

16 ‘‘(d) CONSIDERATIONS.—In delivering the funds 

17 made available to carry out this section, the Secretary 

18 shall give special consideration to applications— 

19 ‘‘(1) submitted by producers in the most effec20 tive river basins for nutrient reduction; or 

21 ‘‘(2) to carry out conservation activities that re22 duce nitrogen and sediment, improve management of 

23 livestock and waste, and conserve wetlands. 

24 ‘‘(e) DUTIES OF THE SECRETARY.—In carrying out 

25 this section, the Secretary shall— 


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1 ‘‘(1) where available, use existing plans, models, 

2 and assessments to assist producers in implementing 

3 conservation activities; and 

4 ‘‘(2) proceed expeditiously to deliver funding to 

5 a producer to implement conservation activities that 

6 are consistent with State strategies for the restora7 tion of the Chesapeake Bay watershed. 

8 ‘‘(f) CONSULTATION AND COORDINATION.—The Sec9 retary shall— 

10 ‘‘(1) in consultation with appropriate Federal 

11 agencies, ensure conservation activities carried out 

12 under this section complement Federal, State, and 

13 local programs, including programs that address 

14 water quality, in the Chesapeake Bay watershed; 

15 and 

16 ‘‘(2) in carrying out this section, coordinate 

17 with the Farm Service Agency to identify needs and 

18 opportunities for buffer management on land subject 

19 to a contract under the conservation reserve pro20 gram under subchapter B of chapter 1 that may be 

21 expiring soon. 

22 ‘‘(g) TASK FORCE.— 

23 ‘‘(1) IN GENERAL.—The Secretary and the Ad24 ministrator of the Environmental Protection Agency 

25 shall jointly establish a Federal task force, to be 


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1 known as the ‘Task Force on Crediting Chesapeake 

2 Bay Conservation Investments’ (referred to in this 

3 subsection as the ‘task force’). 

4 ‘‘(2) ACTION PLAN.—The task force shall de5 velop an action plan that— 

6 ‘‘(A) identifies improvements to the proc7 esses of analyzing, reporting, and quantifying 

8 nutrient reductions from conservation activities 

9 in the Chesapeake Bay watershed; 

10 ‘‘(B) is responsive to the needs of States in 

11 the Chesapeake Bay watershed (including the 

12 District of Columbia) and the agricultural com13 munity; 

14 ‘‘(C) maintains the scientific integrity of 

15 the decision-making process and accounting 

16 tools under the Chesapeake Bay Program (as 

17 defined in section 117(a) of the Federal Water 

18 Pollution Control Act (33 U.S.C. 1267(a))); 

19 and 

20 ‘‘(D) ensures producer privacy is protected. 

21 ‘‘(3) IDENTIFICATION OF OPPORTUNITIES.— 

22 The task force shall leverage findings from success23 ful data sharing pilots to identify opportunities to 

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1 tation of conservation activities in the Chesapeake 

2 Bay watershed. 

3 ‘‘(h) FUNDING.—Of the funds made available by sec4 tion 1241(a) of this Act or section 21001(a) of Public Law 

5 117–169 (136 Stat. 2015), the Secretary shall use to 

6 carry out this section $75,000,000 for each of fiscal years 

7 2024 through 2027, to remain available until expended.’’. 

8 SEC. 3. CONSERVATION RESERVE ENHANCEMENT PRO9 GRAM PARTICIPATION. 

10 (a) CONSERVATION RESERVE.— 

11 (1) ELIGIBLE LAND.—Section 1231(b) of the 

12 Food Security Act of 1985 (16 U.S.C. 3831(b)) is 

13 amended— 

14 (A) in paragraph (6)(B)(ii), by striking 

15 ‘‘or’’ at the end; 

16 (B) in paragraph (7)(C), by striking the 

17 period at the end and inserting ‘‘; or’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(8) cropland, marginal pastureland, grass20 lands, and other rural land that will— 

21 ‘‘(A) have a positive impact on water qual22 ity in furtherance of the goals of the Conserva23 tion Reserve Enhancement Program established 

24 by the Secretary under section 1231A; and 

25 ‘‘(B) be devoted to a riparian buffer.’’. 


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1 (2) CONSERVATION RESERVE ENHANCEMENT

2 PROGRAM.—Section 1231A of the Food Security Act 

3 of 1985 (16 U.S.C. 3831a) is amended— 

4 (A) in subsection (b)(3), by adding at the 

5 end the following: 

6 ‘‘(C) UPDATES TO EXISTING AGREE7 MENTS.— 

8 ‘‘(i) IN GENERAL.—The Secretary 

9 shall provide an option to signatories to an 

10 agreement under this subsection to update 

11 the agreement, without renegotiating other 

12 provisions of the agreement, to include new 

13 incentives made available under this sub14 chapter beginning on January 1, 2018, 

15 such as riparian forest buffer management 

16 payments. 

17 ‘‘(ii) MATCHING FUNDS.—Require18 ments for matching funds described in 

19 paragraph (2)(B) shall not apply to the 

20 updates to an agreement described clause 

21 (i). 

22 ‘‘(D) AMENDMENTS TO AN AGREEMENT.— 

23 ‘‘(i) IN GENERAL.—In the case of an 

24 amendment to an agreement under this 


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1 subsection, including an addendum to an 

2 agreement, the Secretary shall— 

3 ‘‘(I) streamline the amendment 

4 process relating to time-sensitive na5 tional priorities, including the Chesa6 peake Bay total maximum daily load; 

7 and 

8 ‘‘(II) give priority to simple 

9 amendments to update existing agree10 ments in accordance with subpara11 graph (C). 

12 ‘‘(ii) SIMPLE AMENDMENTS.—A sim13 ple amendment of an agreement under this 

14 subsection shall not constitute a renegoti15 ation of the agreement.’’. 

16 (3) PAYMENTS.—Section 1234 of the Food Se17 curity Act of 1985 (16 U.S.C. 3834) is amended— 

18 (A) in subsection (b)(4)— 

19 (i) by striking ‘‘In addition’’ and in20 serting the following: 

21 ‘‘(A) IN GENERAL.—In addition’’; and 

22 (ii) by adding at the end the fol23 lowing: 

24 ‘‘(B) MINIMUM PAYMENT FOR CERTAIN

25 CONTRACTS.—In the case of a contract updated 


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1 under section 1231A(b)(3)(C), the incentive 

2 payment under subparagraph (A) shall be in an 

3 amount that is not less than 40 percent of the 

4 actual costs described in that subparagraph.’’; 

5 and 

6 (B) in subsection (g)(1), by striking 

7 ‘‘$50,000’’ and inserting ‘‘$100,000’’. 

8 (b) ENVIRONMENTAL QUALITY INCENTIVES PRO9 GRAM.— 

10 (1) CONSERVATION INCENTIVE CONTRACTS.— 

11 Section 1240B(j)(2)(C) of the Food Security Act of 

12 1985 (16 U.S.C. 3839aa–2(j)(2)(C)) is amended— 

13 (A) in clause (i), by striking ‘‘and’’ at the 

14 end; 

15 (B) in clause (ii), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(iii) consider participation in the 

19 conservation reserve program and the con20 servation reserve enhancement program 

21 under subchapter B of chapter 1, and 

22 practices under those programs, such as ri23 parian buffers, in prioritizing grazing prac24 tices under the program established by this 

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1 plementation of grazing systems to holis2 tically address resource concerns.’’. 

3 (2) EVALUATION OF APPLICATIONS.—Section 

4 1240C(b) of the Food Security Act of 1985 (16 

5 U.S.C. 3839aa–3(b)) is amended— 

6 (A) in paragraph (3), by striking ‘‘and’’ at 

7 the end; 

8 (B) in paragraph (4), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(5) that would include grazing practices under 

12 the program established by this subchapter, in con13 sideration of participation in the conservation re14 serve program and the conservation reserve enhance15 ment program under subchapter B of chapter 1, and 

16 practices under those programs, such as riparian 

17 buffers, with respect to the efficient implementation 

18 of grazing systems to holistically address resource 

19 concerns.’’. 

20 SEC. 4. CHESAPEAKE BAY WATERSHED TURNKEY PILOT 

21 PROGRAM. 

22 Section 1231C of the Food Security Act of 1985 (16 

23 U.S.C. 3831c) is amended by adding at the end the fol24 lowing: 


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1 ‘‘(c) CHESAPEAKE BAY WATERSHED TURNKEY

2 PILOT PROGRAM.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) CREP DEFINITIONS.—The terms 

5 ‘CREP’, ‘eligible land’, and ‘management’ have 

6 the meanings given those terms in section 

7 1231A(a). 

8 ‘‘(B) ELIGIBLE PRACTICE.—The term ‘eli9 gible practice’ means a forested riparian buffer 

10 practice under a CREP and any associated ac11 tivities, including— 

12 ‘‘(i) a stream crossing; 

13 ‘‘(ii) fencing and alternate water sys14 tems; 

15 ‘‘(iii) herbicide applications; and 

16 ‘‘(iv) any other activity that is appro17 priate to establish the practice. 

18 ‘‘(C) TECHNICAL SERVICE PROVIDER.— 

19 The term ‘technical service provider’ means a 

20 third-party provider with which the Secretary 

21 enters into an agreement described in para22 graph (5)(A). 

23 ‘‘(2) ESTABLISHMENT.—The Secretary shall es24 tablish a pilot program under which the Secretary 

25 shall provide, for voluntary owners and operators, 


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1 establishment and management of eligible practices 

2 on eligible land located in the Chesapeake Bay wa3 tershed that is enrolled through a CREP. 

4 ‘‘(3) DUTIES OF THE SECRETARY.—With re5 spect to eligible land enrolled through the pilot pro6 gram under this subsection, the Secretary shall— 

7 ‘‘(A) provide, for an owner or operator, es8 tablishment and management of an eligible 

9 practice on the eligible land, which may be pro10 vided by a technical service provider pursuant 

11 to an agreement under paragraph (5); and 

12 ‘‘(B) not require the owner or operator— 

13 ‘‘(i) to pay any costs of the establish14 ment or management of the eligible prac15 tice, including any compensation provided 

16 under paragraph (5)(C); or 

17 ‘‘(ii) to submit to the Secretary any 

18 additional paperwork with respect to the 

19 pilot program under this subsection. 

20 ‘‘(4) DUTIES OF OWNERS AND OPERATORS.— 

21 With respect to eligible land enrolled through the 

22 pilot program under this subsection, an owner or op23 erator of the eligible land— 

24 ‘‘(A) shall provide to the Secretary and 

25 any technical service providers, as applicable, 


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1 access to the eligible land for purposes of the 

2 establishment or management of the eligible 

3 practice; and 

4 ‘‘(B) may not receive any cost-share pay5 ment, practice incentive payment, or manage6 ment payment under this subchapter with re7 spect to the eligible practice. 

8 ‘‘(5) AGREEMENTS WITH TECHNICAL SERVICE

9 PROVIDERS.— 

10 ‘‘(A) IN GENERAL.—The Secretary may 

11 enter into an agreement under section 1242 

12 with 1 or more third-party providers certified 

13 under that section, including those certified 

14 through a streamlined certification process 

15 under subsection (e)(5) of that section, and 

16 that provide technical assistance under this title 

17 in the Chesapeake Bay watershed to conduct 

18 the establishment and management of an eligi19 ble practice on eligible land under the pilot pro20 gram under this subsection. 

21 ‘‘(B) ACTIVITIES.—In addition to any ac22 tivity that a technical service provider may con23 duct pursuant to section 1242 relating to the 

24 establishment of an eligible practice, a technical 

25 service provider may carry out such activities as 


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1 are necessary to conduct the establishment and 

2 management of an eligible practice. 

3 ‘‘(C) COMPENSATION.—Under an agree4 ment entered into under subparagraph (A), the 

5 Secretary shall provide to a technical service 

6 provider reasonable compensation for services 

7 provided under the agreement, including admin8 istrative, technical assistance, design, and in9 stallation costs. 

10 ‘‘(6) REPORT TO CONGRESS.—Not later than 1 

11 year after the date of enactment of this subsection, 

12 the Secretary shall submit to the Committee on Ag13 riculture, Nutrition, and Forestry of the Senate and 

14 the Committee on Agriculture of the House of Rep15 resentatives a report describing the status of, and 

16 any activities carried out under, the pilot program 

17 under this subsection.’’. 

18 SEC. 5. CHESAPEAKE BAY WATERSHED WORKFORCE DE19 VELOPMENT. 

20 (a) GRANTS AND FELLOWSHIPS FOR FOOD AND AG21 RICULTURAL SCIENCES EDUCATION.—Section 1417 of the 

22 National Agricultural Research, Extension, and Teaching 

23 Policy Act of 1977 (7 U.S.C. 3152) is amended— 

24 (1) in subsection (b)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘other colleges and universities’’ 

3 and inserting ‘‘other institutions of higher edu4 cation (as defined in section 101 of the Higher 

5 Education Act of 1965 (20 U.S.C. 1001))’’; and 

6 (B) in paragraph (3), by striking ‘‘food 

7 and agricultural sciences teaching programs, or 

8 teaching programs emphasizing’’ and inserting 

9 ‘‘teaching programs, including paid work-based 

10 learning (as defined in section 3 of the Carl D. 

11 Perkins Career and Technical Education Act of 

12 2006 (20 U.S.C. 2302)), for food and agricul13 tural sciences or’’; 

14 (2) in subsection (c)— 

15 (A) in paragraph (1), by striking ‘‘and’’ at 

16 the end; 

17 (B) in paragraph (2), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(3) applications for teaching enhancement 

21 projects, including paid work-based learning (as de22 fined in section 3 of the Carl D. Perkins Career and 

23 Technical Education Act of 2006 (20 U.S.C. 2302)), 

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1 sionals in food and agricultural sciences or rural eco2 nomic, community, and business development.’’; and 

3 (3) in subsection (m)— 

4 (A) in paragraph (1), by striking ‘‘and’’ at 

5 the end; 

6 (B) in paragraph (2), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(3) $60,000,000 for each of fiscal years 2024 

10 through 2033.’’. 

11 (b) EXPERIENCED SERVICES PROGRAM.—Section 

12 1252(a)(2) of the Food Security Act of 1985 (16 U.S.C. 

13 3851(a)(2)) is amended— 

14 (1) in subparagraph (D), by striking ‘‘and’’ at 

15 the end; 

16 (2) in subparagraph (E), by striking the period 

17 at the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(F) assisting cooperative initiatives under 

20 section 1417(b)(3) of the National Agricultural 

21 Research, Extension, and Teaching Policy Act 

22 of 1977 (7 U.S.C. 3152(b)(3)) to improve high23 er education teaching programs, including paid 

24 work-based learning (as defined in section 3 of 

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1 cation Act of 2006 (20 U.S.C. 2302)), at insti2 tutions of higher education.’’. 

3 SEC. 6. PRIMARY REGULATORY OVERSIGHT FOR DOMES4 TIC, WILD-CAUGHT, INVASIVE CATFISH. 

5 (a) EXEMPTION OF DOMESTIC, WILD-CAUGHT, 

6 INVASIVE CATFISH FROM USDA OVERSIGHT.— 

7 (1) FOOD SAFETY AND INSPECTION SERVICE.— 

8 Section 1(w)(2) of the Federal Meat Inspection Act 

9 (21 U.S.C. 601(w)(2)) is amended by inserting ‘‘, 

10 except for domestic, wild-caught blue catfish 

11 (Ictalurus furcatus) and flathead catfish (Pylodictis 

12 olivaris) invasive to the Chesapeake Bay ecosystem’’ 

13 after ‘‘Siluriformes’’. 

14 (2) USDA GRADING PROGRAM.—Section 

15 203(n)(1) of the Agricultural Marketing Act of 1946 

16 (7 U.S.C. 1622(n)(1)) is amended by inserting ‘‘, ex17 cept for domestic, wild-caught blue catfish (Ictalurus 

18 furcatus) and flathead catfish (Pylodictis olivaris) 

19 invasive to the Chesapeake Bay ecosystem’’ after 

20 ‘‘Siluriformes’’. 

21 (b) INTERAGENCY COORDINATION.—Not later than 

22 90 days after the date of enactment of this Act, the Sec23 retary of Agriculture (referred to in this section as the 

24 ‘‘Secretary’’) shall execute a memorandum of under25 standing with the Commissioner of Food and Drugs (reVerDate Sep 11 2014 20:30 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2710.IS S2710

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1 ferred to in this section as the ‘‘Commissioner’’) for the 

2 purpose of transferring primary regulatory oversight of 

3 the domestic and import inspection of domestic, wild4 caught blue catfish (Ictalurus furcatus) and flathead cat5 fish (Pylodictis olivaris) invasive to the Chesapeake Bay 

6 ecosystem from the Secretary to the Commissioner, pursu7 ant to the authorities of the Commissioner under the Fed8 eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 

9 seq.), the Fair Packaging and Labeling Act (15 U.S.C. 

10 1451 et seq.), and the Public Health Service Act (42 

11 U.S.C. 201 et seq.). 

12 (c) REGULATIONS.—Not later than 180 days after 

13 the date of enactment of this Act, the Secretary, in con14 sultation with the Commissioner, shall issue final regula15 tions to carry out this Act and the amendments made by 

16 this Act, as applicable, in a manner that ensures that 

17 there is no duplication in inspection activities relating to 

18 domestic, wild-caught blue catfish (Ictalurus furcatus) and 

19 flathead catfish (Pylodictis olivaris) invasive to the Chesa20 peake Bay ecosystem. 

Æ 


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