I 

113TH CONGRESS 

1ST SESSION H. R. 349 

To amend the Food Security Act of 1985 with respect to maximum enrollment 

and eligible land in the conservation reserve program. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2013 

Mrs. ROBY (for herself, Mr. BONNER, Mr. BACHUS, and Ms. SEWELL of Alabama) introduced the following bill; which was referred to the Committee 

on Agriculture 

A BILL 

To amend the Food Security Act of 1985 with respect to 

maximum enrollment and eligible land in the conservation reserve program. 

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 ‘‘Preserving Marginal 

5 Lands and Protecting Farming Act of 2013’’. 

6 SEC. 2. MAXIMUM ENROLLMENT. 

7 Section 1231(d) of the Food Security Act of 1985 

8 (16 U.S.C. 3831(d)) is amended to read as follows: 


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1 ‘‘(d) MAXIMUM ENROLLMENT.—The Secretary may 

2 maintain in the conservation reserve at any 1 time, not 

3 more than— 

4 ‘‘(1) during fiscal year 2013, 29,000,000 acres; 

5 ‘‘(2) during fiscal year 2014, 26,000,000 acres; 

6 and 

7 ‘‘(3) during each of fiscal years 2015 through 

8 2018, 24,000,000 acres.’’. 

9 SEC. 3. INELIGIBLE LAND. 

10 Section 1231 of the Food Security Act of 1985 (16 

11 U.S.C. 3831) is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(j) INELIGIBLE LAND.—Notwithstanding any other 

14 provision of this section, after the date of enactment of 

15 this subsection, the Secretary may not enroll land in the 

16 conservation reserve that is classified as class I or class 

17 II land under the land capability classification system pub18 lished in the National Soil Survey Handbook of the Nat19 ural Resources Conservation Service, unless such land is 

20 enrolled as a buffer, filterstrip, or strip adjacent to a ri21 parian area.’’. 

22 SEC. 4. CONTRACT REQUIREMENTS. 

23 (a) EARLY TERMINATION BY OWNER OR OPER24 ATOR.—Section 1235(e) of the Food Security Act of 1985 

25 (16 U.S.C. 3835(e)) is amended— 


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1 (1) in paragraph (1)(A)— 

2 (A) by striking ‘‘The Secretary’’ and in3 serting ‘‘During fiscal year 2014, the Sec4 retary’’; and 

5 (B) by striking ‘‘before January 1, 1995,’’; 

6 (2) in paragraph (2), by striking subparagraph 

7 (C) and inserting the following: 

8 ‘‘(C) Land devoted to hardwood trees. 

9 ‘‘(D) Wildlife habitat, duck nesting habi10 tat, pollinator habitat, upland bird habitat buff11 er, wildlife food plots, State acres for wildlife 

12 enhancement, shallow water areas for wildlife, 

13 and rare and declining habitat. 

14 ‘‘(E) Farmable wetland and restored wet15 land. 

16 ‘‘(F) Land that contains diversions, ero17 sion control structures, flood control structures, 

18 contour grass strips, living snow fences, salinity 

19 reducing vegetation, cross wind trap strips, and 

20 sediment retention structures. 

21 ‘‘(G) Land located within a federally-des22 ignated wellhead protection area. 

23 ‘‘(H) Land that is covered by an easement 

24 under the conservation reserve program. 


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1 ‘‘(I) Land located within an average width, 

2 according to the applicable Natural Resources 

3 Conservation Service field office technical guide, 

4 of a perennial stream or permanent water 

5 body.’’; and 

6 (3) in paragraph (3), by striking ‘‘60 days after 

7 the date on which the owner or operator submits the 

8 notice required under paragraph (1)(C)’’ and insert9 ing ‘‘upon approval by the Secretary’’. 

10 (b) TRANSITION OPTION FOR CERTAIN FARMERS OR

11 RANCHERS.—Section 1235(f) of the Food Security Act of 

12 1985 (16 U.S.C. 3835(f)) is amended— 

13 (1) in paragraph (1)— 

14 (A) in the matter preceding subparagraph 

15 (A), by striking ‘‘DUTIES’’ and all that follows 

16 through ‘‘a beginning farmer’’ and inserting 

17 ‘‘TRANSITION TO COVERED FARMER OR RANCH18 ER.—In the case of a contract modification ap19 proved in order to facilitate the transfer of land 

20 subject to a contract from a retired farmer or 

21 rancher to a beginning farmer’’; 

22 (B) in subparagraph (A)(i), by inserting ‘‘, 

23 including preparing to plant an agricultural 

24 crop’’ after ‘‘improvements’’; 


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1 (C) in subparagraph (D), by striking ‘‘the 

2 farmer or rancher’’ and inserting ‘‘the covered 

3 farmer or rancher’’; and 

4 (D) in subparagraph (E), by striking ‘‘sec5 tion 1001A(b)(3)(B)’’ and inserting ‘‘section 

6 1001(a)’’; and 

7 (2) in paragraph (2), by striking ‘‘requirement 

8 of section 1231(h)(4)(B)’’ and inserting ‘‘option pur9 suant to section 1231(h)’’. 

10 (c) FINAL YEAR CONTRACT.—Section 1235 of the 

11 Food Security Act of 1985 (16 U.S.C. 3835) is amended 

12 by adding at the end the following new subsection: 

13 ‘‘(g) FINAL YEAR OF CONTRACT.—The Secretary 

14 shall not consider an owner or operator to be in violation 

15 of a term or condition of the conservation reserve contract 

16 if— 

17 ‘‘(1) during the year prior to expiration of the 

18 contract, the land is enrolled in the conservation 

19 stewardship program; and 

20 ‘‘(2) the activity required under the conserva21 tion stewardship program pursuant to such enroll22 ment is consistent with this subchapter.’’. 

Æ 


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