II 

115TH CONGRESS 

2D SESSION S. 2614 

To amend the Food Security Act of 1985 to improve the conservation reserve 

program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2018 

Mr. THUNE 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 improve 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 Improvement and Rural Water Systems Access 

6 Act of 2018’’. 


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1 SEC. 2. IMPROVEMENTS TO CONSERVATION RESERVE PRO2 GRAM. 

3 (a) EXTENSION.—Section 1231(a) of the Food Secu4 rity Act of 1985 (16 U.S.C. 3831(a)) is amended by strik5 ing ‘‘2018’’ and inserting ‘‘2023’’. 

6 (b) SPECIES OF ECONOMIC SIGNIFICANCE.—Section 

7 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) 

8 is amended— 

9 (1) in subsection (f)— 

10 (A) in the subsection heading, by inserting 

11 ‘‘AND ECONOMIC’’ after ‘‘CONSERVATION’’; 

12 (B) by redesignating paragraphs (1) 

13 through (4) as paragraphs (2) through (5), re14 spectively; 

15 (C) by inserting before paragraph (2) (as 

16 so redesignated) the following: 

17 ‘‘(1) DEFINITION OF SPECIES OF ECONOMIC

18 SIGNIFICANCE.—In this subsection, the term ‘species 

19 of economic significance’ means a wildlife species— 

20 ‘‘(A) the conservation reserve program is 

21 critical to maintain the habitat of which, as de22 termined by the Secretary; and 

23 ‘‘(B) that the Governor of a State verifies 

24 to the Secretary as providing more than 

25 $150,000,000 for each year to the economy of 

26 the State from hunting the wildlife species and 


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1 other related activities (such as hunting sup2 plies, lodging, and food sales), as determined by 

3 the Secretary.’’; 

4 (D) in paragraph (2) (as so redesignated), 

5 by striking ‘‘designate areas’’ and inserting the 

6 following: ‘‘designate— 

7 ‘‘(A) areas of special economic sensitivity 

8 as economic priority areas; and 

9 ‘‘(B) areas’’; 

10 (E) in paragraph (3) (as so redesignated), 

11 by striking the paragraph designation and 

12 heading and all that follows through ‘‘sub13 section’’ and inserting the following: 

14 ‘‘(3) ELIGIBLE AREAS.—Areas eligible for des15 ignation under— 

16 ‘‘(A) paragraph (2)(A) shall include areas 

17 with actual and significant declining habitat for 

18 species of economic significance; and 

19 ‘‘(B) paragraph (2)(B)’’; 

20 (F) in paragraph (4) (as so redesignated), 

21 by striking ‘‘contains actual’’ and inserting the 

22 following: ‘‘contains, as applicable— 

23 ‘‘(A) actual and significant declining habi24 tat for species of economic significance; or 

25 ‘‘(B) actual’’; and 


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1 (G) in paragraph (5) (as so redesignated), 

2 by striking ‘‘maximize water quality and habitat 

3 benefits in the watersheds described in para4 graph (1)’’ and inserting ‘‘maximize, as applica5 ble, significant declining habitat for species of 

6 economic significance or water quality and habi7 tat benefits in the areas designated under sub8 paragraph (A) or (B), respectively, of para9 graph (2)’’; and 

10 (2) in subsection (i)— 

11 (A) by inserting ‘‘and economic purposes’’ 

12 after ‘‘conservation purposes’’; and 

13 (B) by striking ‘‘habitat.’’ and inserting 

14 ‘‘habitat, including wildlife habitat for species 

15 of economic significance (as defined in sub16 section (f)(1)).’’. 

17 (c) COST-SHARE FOR FENCING AND WATER DIS18 TRIBUTION.—Section 1233(a)(1) of the Food Security Act 

19 of 1985 (16 U.S.C. 3833(a)(1)) is amended by striking 

20 ‘‘interest;’’ and inserting ‘‘interest, including the cost of 

21 fencing and water distribution practices, if applicable;’’. 

22 (d) HARVESTING AND GRAZING.—Section 1233 of 

23 the Food Security Act of 1985 (16 U.S.C. 3833) is 

24 amended— 

25 (1) in subsection (b)— 


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1 (A) by striking paragraph (1); 

2 (B) by redesignating paragraphs (2), (3), 

3 (4), and (5) as paragraphs (1), (2), (5), and 

4 (6), respectively; 

5 (C) in paragraph (1) (as so redesig6 nated)— 

7 (i) by redesignating subparagraphs 

8 (A) and (B) as clauses (i) and (ii), respec9 tively, and indenting appropriately; 

10 (ii) in the matter preceding clause (i) 

11 (as so designated), by striking ‘‘in permit12 ting those activities’’ and inserting the fol13 lowing: ‘‘in permitting— 

14 ‘‘(A) those activities’’; 

15 (iii) in subparagraph (A)(ii) (as so 

16 designated), by adding ‘‘and’’ at the end; 

17 and 

18 (iv) by adding at the end the fol19 lowing: 

20 ‘‘(B) those activities and the activities described in paragraph (3), not more than 1 21 ⁄3 of 

22 the acres covered by the contract may be har23 vested during any year;’’; 

24 (D) in subparagraph (B) of paragraph (2) 

25 (as so redesignated), in the matter preceding 


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1 clause (i), by striking ‘‘grazing,’’ the first place 

2 it appears and inserting ‘‘grazing outside the 

3 normal grazing period described in paragraph 

4 (4),’’; 

5 (E) by inserting after paragraph (2) (as so 

6 redesignated) the following: 

7 ‘‘(3) mechanical harvesting of vegetative cover, 

8 without any restriction on the use of the vegetative 

9 cover harvested (except harvesting the vegetative 

10 cover for seed), subject to the conditions that— 

11 ‘‘(A) the harvesting may not occur more 

12 frequently than once every 3 years; and 

13 ‘‘(B) the annual rental rate for the acres 

14 harvested during a year shall be reduced by 25 

15 percent; 

16 ‘‘(4) grazing during the applicable normal graz17 ing period determined under subclause (I) of section 

18 1501(c)(3)(D)(i) of the Agricultural Act of 2014 (7 

19 U.S.C. 9081(c)(3)(D)(i)), without any restriction on 

20 grazing during the primary nesting period, subject 

21 to the conditions that— 

22 ‘‘(A) the grazing shall be at 25 percent of 

23 the normal carrying capacity determined under 

24 that subclause; and 


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1 ‘‘(B) the annual rental rate for the acres 

2 harvested during a year shall be reduced by 25 

3 percent;’’; and 

4 (F) in subparagraph (C) of paragraph (6) 

5 (as so redesignated), by striking ‘‘(3)’’ and in6 serting ‘‘(2)’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(e) HARVESTING AND GRAZING.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), the Secretary shall permit harvesting and 

11 grazing in accordance with paragraphs (1) through 

12 (4) and (6) of subsection (b) on any land subject to 

13 a contract under the conservation reserve program. 

14 ‘‘(2) EXCEPTION.—The Secretary, in coordina15 tion with the applicable State Technical Committee 

16 established under section 1265(a), may determine 

17 for any year that harvesting or grazing described in 

18 paragraph (1) shall not be permitted on land subject 

19 to a contract under the conservation reserve pro20 gram in a particular county if harvesting or grazing 

21 for that year would cause long-term damage to vege22 tative cover on that land.’’. 

23 SEC. 3. RIGHT-OF-WAY. 

24 Section 504(g) of the Federal Land Policy and Man25 agement Act of 1976 (43 U.S.C. 1764(g)) is amended— 


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1 (1) by striking ‘‘(g) The holder’’ and inserting 

2 the following: 

3 ‘‘(g) RIGHT-OF-WAY.— 

4 ‘‘(1) IN GENERAL.—The holder’’; 

5 (2) in paragraph (1) (as so designated), in the 

6 second sentence, by striking ‘‘The Secretary’’ and 

7 inserting the following: 

8 ‘‘(2) PAYMENT.—The Secretary’’; 

9 (3) in paragraph (2) (as so designated), in the 

10 second sentence, by striking ‘‘The Secretary’’ and 

11 inserting the following: 

12 ‘‘(3) WAIVER OF RENTALS.—The Secretary’’; 

13 (4) in paragraph (3) (as so designated), in the 

14 second sentence, by striking ‘‘The Secretary’’ and 

15 inserting the following: 

16 ‘‘(4) REIMBURSEMENT OF COSTS.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the Secretary’’; 

19 (5) in paragraph (4) (as so designated)— 

20 (A) in subparagraph (A) (as so des21 ignated), in the first sentence— 

22 (i) by striking ‘‘incurred in proc23 essing’’ and inserting the following: ‘‘in24 curred— 

25 ‘‘(i) in processing’’; 


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1 (ii) in clause (i) (as so designated), by 

2 striking ‘‘right-of-way and in inspection’’ 

3 and inserting the following: ‘‘right-of-way; 

4 and 

5 ‘‘(ii) in inspection’’; and 

6 (iii) in clause (ii) (as so designated), 

7 by striking ‘‘right-of-way: Provided, how8 ever, That the Secretary’’ and inserting 

9 the following: ‘‘right-of-way. 

10 ‘‘(B) EXCEPTION.—In carrying out sub11 paragraph (A), the Secretary’’; and 

12 (B) in subparagraph (B) (as so des13 ignated), in the second sentence, by striking 

14 ‘‘Rights-of-way may be granted’’ and inserting 

15 the following: 

16 ‘‘(C) USE OF REIMBURSED MONEY.—The 

17 moneys received for reimbursement of reason18 able costs under subparagraph (A) shall be de19 posited with the Treasury in a special account 

20 and are authorized to be appropriated and 

21 made available until expended. 

22 ‘‘(5) HOLDERS OF RIGHTS-OF-WAY.—Rights-of23 way may be granted’’; 

24 (6) in paragraph (5) (as so designated)— 


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1 (A) in the first sentence, by striking ‘‘to a 

2 Federal’’ and inserting the following: ‘‘to— 

3 ‘‘(A) a Federal’’; 

4 (B) in subparagraph (A) (as so des5 ignated), by striking ‘‘thereof, to nonprofit’’ 

6 and inserting the following: ‘‘thereof; 

7 ‘‘(B) nonprofit’’; 

8 (C) in subparagraph (B) (as so des9 ignated), by striking ‘‘enterprises, or to a holder 

10 where he’’ and inserting the following: ‘‘enter11 prises; 

12 ‘‘(C) a holder where the holder’’; 

13 (D) in subparagraph (C) (as so des14 ignated), by striking ‘‘concerned, or to a hold15 er’’ and inserting the following: ‘‘concerned; and 

16 ‘‘(D) a holder’’; and 

17 (E) in subparagraph (D) (as so des18 ignated), by striking ‘‘Such rights-of-way’’ and 

19 inserting the following: 

20 ‘‘(6) ASSIGNMENT OF RIGHTS-OF-WAY.— 

21 Rights-of-way’’; 

22 (7) in paragraph (6), by striking ‘‘The moneys 

23 received’’ in the second sentence and all that follows 

24 through ‘‘Rights-of-way shall be granted’’ in the 

25 third sentence and inserting the following: 


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1 ‘‘(7) RENTAL FEES.— 

2 ‘‘(A) ELECTRIC AND TELEPHONE FACILI3 TIES.—Rights-of-way shall be granted’’; and 

4 (8) in paragraph (7) (as so designated)— 

5 (A) in subparagraph (A) (as so des6 ignated), by striking ‘‘facilities: Provided, That 

7 nothing in this sentence’’ and inserting the fol8 lowing: ‘‘facilities. 

9 ‘‘(B) RURAL WATER PIPELINES.—Rights10 of-way shall be granted, issued, or renewed, 

11 without rental fees— 

12 ‘‘(i) to a rural water district or asso13 ciation; and 

14 ‘‘(ii) for— 

15 ‘‘(I) a rural water pipeline that 

16 crosses National Forest System land; 

17 and 

18 ‘‘(II) any appurtenance to a pipe19 line described in subclause (I). 

20 ‘‘(C) AUTHORITY TO REQUIRE REIMBURSE21 MENT.—Nothing in this paragraph’’; and 

22 (B) in subparagraph (C) (as so des23 ignated), by striking ‘‘the second sentence of 

24 this subsection’’ and inserting ‘‘paragraph (4)’’. 

Æ 


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