II 

115TH CONGRESS 

1ST SESSION S. 1913 

To amend the Federal Crop Insurance Act and the Federal Agriculture 

Improvement and Reform Act of 1996 to make the native sod provisions 

applicable to the United States and to modify those provisions, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2017 

Mr. THUNE (for himself, Ms. KLOBUCHAR, Mr. ROUNDS, and Mr. BENNET) 

introduced the following bill; which was read twice and referred to the 

Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Federal Crop Insurance Act and the Federal 

Agriculture Improvement and Reform Act of 1996 to 

make the native sod provisions applicable to the United 

States and to modify those provisions, 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 ‘‘American Prairie Con5 servation Act’’. 


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1 SEC. 2. CROP PRODUCTION ON NATIVE SOD. 

2 (a) FEDERAL CROP INSURANCE.—Section 508(o) of 

3 the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is 

4 amended— 

5 (1) in paragraph (2), by striking subparagraph 

6 (A) and inserting the following: 

7 ‘‘(A) IN GENERAL.— 

8 ‘‘(i) AGRICULTURAL ACT OF 2014.— 

9 Native sod acreage that has been tilled for 

10 the production of an insurable crop during 

11 the period beginning on February 8, 2014, 

12 and ending on the date of enactment of the 

13 American Prairie Conservation Act shall be 

14 subject to 4 cumulative years of a reduc15 tion in benefits under this subtitle as de16 scribed in this paragraph. 

17 ‘‘(ii) AMERICAN PRAIRIE CONSERVA18 TION ACT.— 

19 ‘‘(I) NON-HAY AND NON-FORAGE

20 CROPS.—As determined by the Sec21 retary, native sod acreage that has 

22 been tilled for the production of an in23 surable crop other than a hay or for24 age crop after the date of enactment 

25 of the American Prairie Conservation 

26 Act shall be subject to 4 cumulative 


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1 years of a reduction in benefits under 

2 this subtitle as described in this para3 graph. 

4 ‘‘(II) HAY AND FORAGE

5 CROPS.—During each crop year of 

6 planting, as determined by the Sec7 retary, native sod acreage that has 

8 been tilled for the production of an in9 surable hay or forage crop after the 

10 date of enactment of the American 

11 Prairie Conservation Act shall be sub12 ject to 4 cumulative years of a reduc13 tion in benefits under this subtitle as 

14 described in this paragraph.’’; and 

15 (2) by striking paragraph (3) and inserting the 

16 following: 

17 ‘‘(3) NATIVE SOD CONVERSION CERTIFI18 CATION.— 

19 ‘‘(A) CERTIFICATION.—As a condition on 

20 the receipt of benefits under this subtitle, a pro21 ducer that has tilled native sod acreage for the 

22 production of an insurable crop as described in 

23 paragraph (2)(A) shall certify to the Secretary 

24 that acreage using— 


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1 ‘‘(i) an acreage report form of the 

2 Farm Service Agency (FSA–578 or any 

3 successor form); and 

4 ‘‘(ii) one or more maps. 

5 ‘‘(B) CORRECTIONS.—Beginning on the 

6 date on which a producer submits a certifi7 cation under subparagraph (A), as soon as 

8 practicable after the producer discovers a 

9 change in tilled native sod acreage described in 

10 that subparagraph, the producer shall submit to 

11 the Secretary any appropriate corrections to a 

12 form or map described in clause (i) or (ii) of 

13 that subparagraph. 

14 ‘‘(C) ANNUAL REPORTS.—Not later than 

15 January 1, 2019, and each January 1 there16 after through January 1, 2023, the Secretary 

17 shall submit to the Committee on Agriculture of 

18 the House of Representatives and the Com19 mittee on Agriculture, Nutrition, and Forestry 

20 of the Senate a report that describes the tilled 

21 native sod acreage that has been certified under 

22 subparagraph (A) in each county and State as 

23 of the date of submission of the report.’’. 

24 (b) NONINSURED CROP DISASTER ASSISTANCE.— 

25 Section 196(a)(4) of the Federal Agriculture Improvement 


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1 and Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amend2 ed— 

3 (1) in subparagraph (B), by striking clause (i) 

4 and inserting the following: 

5 ‘‘(i) IN GENERAL.— 

6 ‘‘(I) AGRICULTURAL ACT OF

7 2014.—As determined by the Sec8 retary, native sod acreage that has 

9 been tilled for the production of a cov10 ered crop during the period beginning 

11 on February 8, 2014, and ending on 

12 the date of enactment of the Amer13 ican Prairie Conservation Act shall be 

14 subject to 4 cumulative years of a re15 duction in benefits under this section 

16 as described in this subparagraph. 

17 ‘‘(II) AMERICAN PRAIRIE CON18 SERVATION ACT.— 

19 ‘‘(aa) NON-HAY AND NON20 FORAGE CROPS.—During the 

21 first 4 crop years of planting, as 

22 determined by the Secretary, na23 tive sod acreage that has been 

24 tilled for the production of a cov25 ered crop other than a hay or 


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1 forage crop after the date of en2 actment of the American Prairie 

3 Conservation Act shall be subject 

4 to 4 cumulative years of a reduc5 tion in benefits under this section 

6 as described in this subpara7 graph. 

8 ‘‘(bb) HAY AND FORAGE

9 CROPS.—During each crop year 

10 of planting, as determined by the 

11 Secretary, native sod acreage 

12 that has been tilled for the pro13 duction of a hay or forage crop 

14 after the date of enactment of 

15 the American Prairie Conserva16 tion Act shall be subject to 4 cu17 mulative years of a reduction in 

18 benefits under this section as de19 scribed in this subparagraph.’’; 

20 and 

21 (2) by striking subparagraph (C) and inserting 

22 the following: 

23 ‘‘(C) NATIVE SOD CONVERSION CERTIFI24 CATION.— 


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1 ‘‘(i) CERTIFICATION.—As a condition 

2 on the receipt of benefits under this sec3 tion, a producer that has tilled native sod 

4 acreage for the production of an insurable 

5 crop as described in subparagraph (B)(i) 

6 shall certify to the Secretary that acreage 

7 using— 

8 ‘‘(I) an acreage report form of 

9 the Farm Service Agency (FSA–578 

10 or any successor form); and 

11 ‘‘(II) one or more maps. 

12 ‘‘(ii) CORRECTIONS.—Beginning on 

13 the date on which a producer submits a 

14 certification under clause (i), as soon as 

15 practicable after the producer discovers a 

16 change in tilled native sod acreage de17 scribed in that clause, the producer shall 

18 submit to the Secretary any appropriate 

19 corrections to a form or map described in 

20 subclause (I) or (II) of that clause. 

21 ‘‘(iii) ANNUAL REPORTS.—Not later 

22 than January 1, 2019, and each January 

23 1 thereafter through January 1, 2023, the 

24 Secretary shall submit to the Committee 

25 on Agriculture of the House of RepresentaVerDate Sep 11 2014 03:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1913.IS S1913

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1 tives and the Committee on Agriculture, 

2 Nutrition, and Forestry of the Senate a re3 port that describes the tilled native sod 

4 acreage that has been certified under 

5 clause (i) in each county and State as of 

6 the date of submission of the report.’’. 

7 (c) CROPLAND REPORT ANNUAL UPDATES.—Section 

8 11014(c)(2) of the Agricultural Act of 2014 (Public Law 

9 113–79; 128 Stat. 963) is amended in the matter pre10 ceding subparagraph (A) by striking ‘‘2018’’ and inserting 

11 ‘‘2023’’. 

Æ 


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