I 

115TH CONGRESS 

2D SESSION H. R. 5627 

To amend the Food Security Act of 1985 to improve the environmental 

quality incentives program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2018 

Mr. HUFFMAN (for himself, Mr. BLUMENAUER, Mr. GRIJALVA, and Ms. 

WASSERMAN SCHULTZ) introduced the following bill; which was referred 

to the Committee on Agriculture 

A BILL 

To amend the Food Security Act of 1985 to improve the 

environmental quality incentives 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 ‘‘Farmers Conserving 

5 Agricultural Resources through EQIP Act’’ or the ‘‘Farm6 ers CARE Act’’. 

7 SEC. 2. PURPOSES. 

8 Section 1240 of the Food Security Act of 1985 (16 

9 U.S.C. 3839aa) is amended to read as follows: 


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1 ‘‘SEC. 1240. PURPOSES. 

2 ‘‘The purpose of the environmental quality incentives 

3 program established by this chapter is to assist producers 

4 in implementing conservation systems, practices, and ac5 tivities on their operations in order to— 

6 ‘‘(1) improve water quality, with special empha7 sis on reducing nutrient pollution and protecting 

8 sources of drinking water; 

9 ‘‘(2) avoid, to the maximum extent practicable, 

10 the need for resource and regulatory programs by 

11 assisting producers in protecting soil, water, air, and 

12 related natural resources and meeting environmental 

13 quality criteria established by Federal, State, tribal, 

14 and local agencies; 

15 ‘‘(3) conserve ground and surface water to sus16 tain or improve in-stream flows; 

17 ‘‘(4) enhance the quality of soil fertility and 

18 health; 

19 ‘‘(5) control invasive species; 

20 ‘‘(6) enhance critical aquatic and terrestrial 

21 wildlife habitat for at-risk species; 

22 ‘‘(7) reduce the amount and toxicity of pes23 ticides and other agricultural chemicals found on 

24 food and in water or the air; 

25 ‘‘(8) reduce the nontherapeutic use of medically 

26 important antibiotics in food-producing animals in 


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1 order to preserve the effectiveness of antibiotics used 

2 in the treatment of human and animal disease; 

3 ‘‘(9) help producers adapt to climate change, 

4 increase resiliency to climate change impacts, and 

5 reduce greenhouse gas emissions; 

6 ‘‘(10) address additional priority resource con7 cerns, as determined by the Secretary; and 

8 ‘‘(11) enhance biodiversity and wildlife.’’. 

9 SEC. 3. DEFINITIONS. 

10 (a) ORGANIC SYSTEM PLAN.—Section 1240A of the 

11 Food Security Act of 1985 (16 U.S.C. 3839aa–1) is 

12 amended by striking paragraph (2) and redesignating 

13 paragraphs (3) through (5) as paragraphs (2) through 

14 (4), respectively. 

15 (b) PRACTICE.—Section 1240A of the Food Security 

16 Act of 1985 (16 U.S.C. 3839aa–1) is further amended in 

17 paragraph (3)(B) (as redesignated by subsection (a))— 

18 (1) in clause (i), by striking ‘‘; and’’ and insert19 ing a semicolon; 

20 (2) by redesignating clause (ii) as clause (iii); 

21 and 

22 (3) by inserting after clause (i) the following 

23 new clause: 

24 ‘‘(ii) comprehensive conservation plan25 ning; and’’. 


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1 SEC. 4. ESTABLISHMENT AND ADMINISTRATION. 

2 (a) ESTABLISHMENT.—Section 1240B(a) of the 

3 Food Security Act of 1985 (16 U.S.C. 3839aa–2(a)) is 

4 amended by striking ‘‘2002 through 2019’’ and inserting 

5 ‘‘2019 through 2023’’. 

6 (b) TERM.—Section 1240B(b)(2) of the Food Secu7 rity Act of 1985 (16 U.S.C. 3839aa–2(b)(2)(B)) is 

8 amended by striking ‘‘10 years’’ and inserting ‘‘5 years’’. 

9 (c) PRIORITY.—Section 1240B(c) of the Food Secu10 rity Act of 1985 (16 U.S.C. 3839aa–2(c)) is amended to 

11 read as follows: 

12 ‘‘(c) PRIORITY.—If the Secretary determines that the 

13 environmental values of two or more applications for pay14 ments are comparable, the Secretary shall assign a higher 

15 priority to a program application which will achieve the 

16 environment and conservation values using practices and 

17 systems the assessed cost of which is lower.’’. 

18 (d) PAYMENTS.— 

19 (1) LIMITATION ON SUBSTANTIAL AND PRI20 MARY BENEFITS.—Section 1240B(d) of the Food 

21 Security Act of 1985 (16 U.S.C. 3839aa–2(d)) is 

22 amended— 

23 (A) in paragraph (2)— 

24 (i) in subparagraph (B), by striking 

25 ‘‘or’’ at the end; 


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1 (ii) in subparagraph (C)(ii), by strik2 ing the period at the end and inserting ‘‘; 

3 or’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(D) 50 percent of the cost of a practice 

7 that substantially benefits the producer, as de8 termined by the Secretary.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(7) PRIMARY BENEFIT TO PRODUCER.—A pro11 ducer shall not be eligible for payments for a prac12 tice on eligible land under the program that pri13 marily benefits the producer, as determined by the 

14 Secretary.’’. 

15 (2) INCREASED PAYMENTS FOR CERTAIN PRAC16 TICES.—Section 1240B(d)(3) of the Food Security 

17 Act of 1985 (16 U.S.C. 3839aa–2(d)(3)) is amended 

18 to read as follows: 

19 ‘‘(3) INCREASED PAYMENTS FOR CERTAIN

20 PRACTICES.—The Secretary shall provide supple21 mental payments and enhanced technical assistance 

22 to producers implementing land management and 

23 vegetative practices at a level that, as determined by 

24 the Secretary, results in highly cost-effective treat25 ment of priority resource concerns, including— 


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1 ‘‘(A) residue and tillage management; 

2 ‘‘(B) contour farming; 

3 ‘‘(C) cover cropping; 

4 ‘‘(D) integrated pest management; 

5 ‘‘(E) nutrient management; 

6 ‘‘(F) stream corridor improvement; 

7 ‘‘(G) invasive plant species control; 

8 ‘‘(H) contour buffer strips; 

9 ‘‘(I) riparian herbaceous and forest buff10 ers; 

11 ‘‘(J) filter strips; 

12 ‘‘(K) stream habitat improvement and 

13 management; 

14 ‘‘(L) grassed waterways; 

15 ‘‘(M) wetland restoration and enhance16 ment; 

17 ‘‘(N) pollinator habitat; or 

18 ‘‘(O) conservation crop rotation.’’. 

19 (3) LIMITATION ON PAYMENTS FOR CERTAIN

20 PRACTICES.—Section 1240B(d) of the Food Security 

21 Act of 1985 (16 U.S.C. 3839aa–2(d)) is further 

22 amended by adding at the end the following new 

23 paragraph: 

24 ‘‘(8) LIMITATION ON PAYMENTS FOR CERTAIN

25 PRACTICES.—A producer who owns or operates a 


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1 large confined animal feeding operation (as defined 

2 by the Secretary) shall not be eligible for payments 

3 under this chapter to construct an animal waste 

4 management facility or any associated waste trans5 port or transfer device.’’. 

6 (e) ALLOCATION OF FUNDING.—Section 1240B(f) of 

7 the Food Security Act of 1985 (16 U.S.C. 3839aa–2(f)) 

8 is amended to read as follows: 

9 ‘‘(f) ALLOCATION OF FUNDING.— 

10 ‘‘(1) IN GENERAL.—Of the funds made avail11 able for payments for each of fiscal years 2019 

12 through 2023— 

13 ‘‘(A) not less than 10 percent shall be tar14 geted at practices relating to improvement of 

15 fish and wildlife habitat; and 

16 ‘‘(B) not less than 5 percent shall be pro17 vided to producers who participate in an inde18 pendent animal welfare certification program. 

19 ‘‘(2) INDEPENDENT ANIMAL WELFARE CERTIFI20 CATION PROGRAM.—In this subsection, the term 

21 ‘independent animal welfare certification program’ 

22 means an entity approved by the Secretary of Agri23 culture that uses qualified third-party on-farm audi24 tors to routinely assess a producer’s 100-percent 

25 compliance with specific animal welfare standards 


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1 exceeding industry standards (based on industry 

2 guidelines), subject to the following conditions: 

3 ‘‘(A) The standards’ protocols are made 

4 public. 

5 ‘‘(B) The standards include, at a min6 imum, provisions for space allowance, environ7 mental enrichment and ability to engage in nat8 ural behaviors, pain control and physical alter9 nations, handling, and responsible antibiotic 

10 use. 

11 ‘‘(C) Routine caging, crating or tethering 

12 of animals is prohibited. 

13 ‘‘(D) Auditors have no vested or financial 

14 interest in audit outcomes. 

15 ‘‘(E) Auditors possess a background in 

16 animal welfare science or have received equiva17 lent training, and are able to recognize, review, 

18 and apply established farm animal welfare 

19 standards and protocols.’’. 

20 (f) WATER CONSERVATION OR IRRIGATION EFFI21 CIENCY PRACTICE.— 

22 (1) AVAILABILITY OF PAYMENTS.—Section 

23 1240B(h)(1) of the Food Security Act of 1985 (16 

24 U.S.C. 3839aa–2(h)(1)) is amended to read as fol25 lows: 


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1 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec2 retary may provide payments under this subsection 

3 to a producer for a water conservation or irrigation 

4 practice that promotes ground and surface water 

5 conservation on the agricultural operation of the 

6 producer by— 

7 ‘‘(A) improvements to irrigation systems; 

8 ‘‘(B) enhancement of irrigation efficiencies; 

9 ‘‘(C) conversion of the agricultural oper10 ation to— 

11 ‘‘(i) the production of less water-in12 tensive agricultural commodities; or 

13 ‘‘(ii) dryland farming; 

14 ‘‘(D) improvement of the storage of water 

15 through measures such as water banking and 

16 groundwater recharge; 

17 ‘‘(E) enhancement of fish and wildlife 

18 habitat associated with irrigation systems, in19 cluding pivot corners and areas with irregular 

20 boundaries; 

21 ‘‘(F) enhancement of frost protection 

22 methods to— 

23 ‘‘(i) mitigate damage to fish and wild24 life habitat; 

25 ‘‘(ii) enhance water efficiency; or 


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1 ‘‘(iii) promote alternative frost protec2 tion methods that do not rely on ground 

3 and surface water; and 

4 ‘‘(G) establishment of other measures, as 

5 determined by the Secretary, that improve 

6 groundwater and surface water conservation in 

7 agricultural operations.’’. 

8 (2) PRIORITY.—Section 1240B(h)(2) of the 

9 Food Security Act of 1985 (16 U.S.C. 3839aa– 

10 2(h)(2)) is amended— 

11 (A) in subparagraph (A), by striking ‘‘; 

12 or’’ and inserting ‘‘; and’’; and 

13 (B) by amending subparagraph (B) to read 

14 as follows: 

15 ‘‘(B) any associated water savings remain 

16 in the original source of such water for the use17 ful life of the practice.’’. 

18 (3) DUTY OF PRODUCERS.—Section 1240B(h) 

19 of the Food Security Act of 1985 (16 U.S.C. 

20 3839aa–2(h)) is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(3) DUTY OF PRODUCERS.—The Secretary 

23 may not provide payments to a producer for a water 

24 conservation or irrigation practice under this chapter 

25 unless the producer agrees not to use any associated 


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1 water savings to bring new land, other than inci2 dental land needed for efficient operations, under ir3 rigated production, except where the producer is 

4 participating in a watershed-wide project that will 

5 effectively conserve water, as determined by the Sec6 retary.’’. 

7 (g) PAYMENTS FOR CONSERVATION PRACTICES RE8 LATED TO ORGANIC PRODUCTION.— 

9 (1) PAYMENTS AUTHORIZED.—Section 

10 1240B(i)(1) of the Food Security Act of 1985 (16 

11 U.S.C. 3839aa–2(i)(1)) is amended by striking 

12 ‘‘subsection’’ and inserting ‘‘chapter’’. 

13 (2) ELIGIBILITY REQUIREMENTS.—Section 

14 1240B(i)(2) of the Food Security Act of 1985 (16 

15 U.S.C. 3839aa–2(i)(2)) is amended to read as fol16 lows: 

17 ‘‘(2) ELIGIBILITY REQUIREMENTS.—As a condi18 tion for receiving payments under this subsection, a 

19 producer shall agree to develop and implement con20 servation practices for certified organic production 

21 that are consistent with the regulations promulgated 

22 under the Organic Foods Production Act of 1990 (7 

23 U.S.C. 6501 et seq.) and the purposes of this chap24 ter.’’. 


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1 (3) PAYMENT LIMITATIONS; COORDINATION

2 WITH ORGANIC CERTIFICATION; PLANNING.—Section 

3 1240B(i) of the Food Security Act of 1985 (16 

4 U.S.C. 3839aa–2(i)) is amended— 

5 (A) by striking paragraph (3) and redesig6 nating paragraphs (4) and (5) as paragraphs 

7 (5) and (6), respectively; and 

8 (B) by inserting after paragraph (2) the 

9 following new paragraphs: 

10 ‘‘(3) COORDINATION WITH ORGANIC CERTIFI11 CATION.—The Secretary shall establish a trans12 parent means by which producers may initiate or13 ganic certification under the Organic Foods Produc14 tion Act of 1990 (7 U.S.C. 6501 et seq.) while par15 ticipating in a contract under this chapter. 

16 ‘‘(4) PLANNING.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 provide planning assistance to producers transi19 tioning to certified organic production con20 sistent with the requirements of the Organic 

21 Foods Production Act of 1990 (7 U.S.C. 6501 

22 et seq.) and the purposes of this chapter. 

23 ‘‘(B) AVOIDANCE OF DUPLICATION.—The 

24 Secretary shall, to the maximum extent prac25 ticable, eliminate duplication of planning activiVerDate Sep 11 2014 02:15 May 05, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5627.IH H5627

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1 ties for a producer participating in a contract 

2 under this chapter and initiating or maintaining 

3 organic certification consistent with the Organic 

4 Foods Production Act of 1990 (7 U.S.C. 6501 

5 et seq.).’’. 

6 (h) PAYMENTS FOR CONSERVATION PRACTICES RE7 LATED TO ANTIBIOTIC USE.—Section 1240B of the Food 

8 Security Act of 1985 (16 U.S.C. 3839aa–2) is amended 

9 by adding at the end the following new subsection: 

10 ‘‘(j) PAYMENTS FOR CONSERVATION PRACTICES RE11 LATED TO ANTIBIOTIC USE.— 

12 ‘‘(1) PAYMENTS AUTHORIZED.—The Secretary 

13 shall provide payments under this chapter to live14 stock producers for three years, to assist in a transi15 tion to modified animal management and production 

16 systems, for practices leading to the reduction in the 

17 need for antibiotics, including modification of sys18 tems and spaces to— 

19 ‘‘(A) improve sanitation; 

20 ‘‘(B) improve ventilation; or 

21 ‘‘(C) support the implementation of im22 proved animal management techniques at the 

23 operation. 

24 ‘‘(2) DUTY OF PRODUCER.—The Secretary shall 

25 not make payments under this chapter for practices 


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1 related to antibiotic use unless the producer agrees 

2 to provide information to the Secretary documenting 

3 the resulting reduction in antibiotic use in the oper4 ation of the producer.’’. 

5 (i) PAYMENTS FOR CONSERVATION PRACTICES RE6 LATED TO PASTURE-BASED PRODUCTION SYSTEMS.— 

7 Section 1240B of the Food Security Act of 1985 (16 

8 U.S.C. 3839aa–2), as amended by subsection (h), is fur9 ther amended by adding at the end the following new sub10 section: 

11 ‘‘(k) PAYMENTS FOR CONSERVATION PRACTICES RE12 LATED TO PASTURE-BASED PRODUCTION SYSTEMS.— 

13 ‘‘(1) PAYMENTS AUTHORIZED.—The Secretary 

14 shall provide payments under this subsection for 

15 conservation practices, on some or all of the oper16 ations of a producer, related— 

17 ‘‘(A) to pasture-based livestock or poultry 

18 production systems in which animals— 

19 ‘‘(i) are primarily raised on pasture, 

20 grassland, or other vegetative environ21 ments; 

22 ‘‘(ii) have the ability to exercise spe23 cies-specific natural behaviors; 


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1 ‘‘(iii) have access to appropriate shel2 ter, healthy vegetation, potable water, and 

3 adequate protection from predators; and 

4 ‘‘(iv) are managed under an approved 

5 prescribed grazing plan where animals are 

6 regularly and systematically moved to fresh 

7 pasture in such a way as to— 

8 ‘‘(I) maximize the quantity and 

9 quality of forage growth; 

10 ‘‘(II) maximize the quality of soil 

11 fertility and tilth; 

12 ‘‘(III) improve manure distribu13 tion and nutrient cycling; 

14 ‘‘(IV) increase the sequestration 

15 of carbon dioxide; 

16 ‘‘(V) improve the quality and 

17 quantity of cover for wildlife and polli18 nators; 

19 ‘‘(VI) provide permanent cover to 

20 protect the soil from erosion; and 

21 ‘‘(VII) improve water quality and 

22 infiltration; or 

23 ‘‘(B) to the transition of such operation to 

24 a pasture-based livestock or poultry production 

25 system. 


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1 ‘‘(2) ELIGIBILITY REQUIREMENTS.—As a condi2 tion for receiving payments under this subsection, a 

3 producer shall agree to implement at least 3 prac4 tices and either— 

5 ‘‘(A) develops and carries out a grazing 

6 management plan that includes intensive man7 agement rotational grazing; or 

8 ‘‘(B) develops and implements conservation 

9 practices that are consistent with intensive rota10 tional grazing practices for pasture-based sys11 tems. 

12 ‘‘(3) PAYMENT PRIORITIES.—In determining 

13 the amount and rate of payments under paragraph 

14 (2)(B), the Secretary may accord great significance 

15 to practices that— 

16 ‘‘(A) improve the quality of soil fertility 

17 and tilth; 

18 ‘‘(B) protect water quality; 

19 ‘‘(C) increase the sequestration of carbon 

20 dioxide; 

21 ‘‘(D) accelerate water infiltration; and 

22 ‘‘(E) expand pollinator habitat and protec23 tion.’’. 

24 (j) COMPREHENSIVE CONSERVATION PLANNING.— 

25 Section 1240B of the Food Security Act of 1985 (16 


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1 U.S.C. 3839aa–2), as amended by subsection (i), is fur2 ther amended by adding at the end the following new sub3 section: 

4 ‘‘(l) COMPREHENSIVE CONSERVATION PLANNING.— 

5 The Secretary shall provide technical and financial assist6 ance to producers under the program to develop a com7 prehensive conservation plan for the agricultural operation 

8 of the producer.’’. 

9 SEC. 5. EVALUATION OF APPLICATIONS. 

10 (a) EVALUATION CRITERIA.—Section 1240C(a) of 

11 the Food Security Act of 1985 (16 U.S.C. 3839aa–3(a)) 

12 is amended by striking ‘‘national, State, and local con13 servation priorities’’ and inserting ‘‘priority resource con14 cerns identified under subsection (d)’’. 

15 (b) PRIORITIZATION OF APPLICATIONS.—Section 

16 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 

17 3839aa–3(b)) is amended— 

18 (1) in paragraph (1), by striking ‘‘achieving the 

19 anticipated conservation benefits of the project’’ and 

20 inserting ‘‘addressing priority resource concerns 

21 identified under subsection (d)’’; and 

22 (2) in paragraph (2), by striking ‘‘designated 

23 resource concern or resource concerns’’ and inserting 

24 ‘‘priority resource concerns identified under sub25 section (d), including, in the case of applications 


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1 from nutrient-impacted watersheds, the degree to 

2 which nutrient loadings would be reduced as a result 

3 of the proposed project’’. 

4 (c) GROUPING OF APPLICATIONS.—Section 1240C(c) 

5 of the Food Security Act of 1985 (16 U.S.C. 3839aa–3(c)) 

6 is amended by striking ‘‘for evaluation purposes or other7 wise evaluate applications relative to other applications for 

8 similar farming operations’’ and inserting ‘‘proposing to 

9 address the same priority resource concerns for evaluation 

10 purposes’’. 

11 (d) PRIORITY RESOURCE CONCERNS.—Section 

12 1240C of the Food Security Act of 1985 (16 U.S.C. 

13 3839aa–3) is amended by adding at the end the following 

14 new subsection: 

15 ‘‘(d) PRIORITY RESOURCE CONCERNS.—For the pur16 poses of this section, the Secretary shall, in consultation 

17 with the appropriate State and local governments, identify 

18 priority resource concerns in a particular watershed or 

19 other appropriate region or area within a State.’’. 

20 SEC. 6. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM 

21 PLAN. 

22 Section 1240E(a) of the Food Security Act of 1985 

23 (16 U.S.C. 3839aa–5(a)) is amended to read as follows: 

24 ‘‘(a) PLAN OF OPERATIONS.—To be eligible to re25 ceive payments under the program, a producer shall subVerDate Sep 11 2014 02:15 May 05, 2018 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5627.IH H5627

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1 mit to the Secretary for approval a plan of operations 

2 that— 

3 ‘‘(1) specifies the priority resource concerns to 

4 be addressed; 

5 ‘‘(2) specifies the type, number, and sequencing 

6 of conservation systems, practices, or activities to be 

7 implemented to address the priority resource con8 cerns; 

9 ‘‘(3) includes such terms and conditions as the 

10 Secretary considers necessary to carry out the pro11 gram, including a description of the purposes to be 

12 met by the implementation of the plan and a state13 ment of how the plan will achieve or take significant 

14 steps toward achieving the relevant resource man15 agement system quality criteria, as determined by 

16 the Secretary; 

17 ‘‘(4) in the case of a confined livestock feeding 

18 operation, provides for development and implementa19 tion of a comprehensive nutrient management plan, 

20 if applicable; 

21 ‘‘(5) in the case of a producer located within a 

22 nutrient-impacted watershed, identifies methods by 

23 which the producer will limit nutrient loss; and 

24 ‘‘(6) in the case of forest land, is consistent 

25 with the provisions of a forest management plan 


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1 that is approved by the Secretary, which may in2 clude— 

3 ‘‘(A) a forest stewardship plan described in 

4 section 5 of the Cooperative Forestry Assist5 ance Act of 1978 (16 U.S.C. 2103a); 

6 ‘‘(B) another practice plan approved by the 

7 State forester; or 

8 ‘‘(C) another plan determined appropriate 

9 by the Secretary.’’. 

10 SEC. 7. DUTIES OF THE SECRETARY. 

11 Section 1240F(2) of the Food Security Act of 1985 

12 (16 U.S.C. 3839aa–6(2)) is amended by striking ‘‘infor13 mation’’ and inserting ‘‘technical assistance, informa14 tion,’’. 

15 SEC. 8. LIMITATION ON PAYMENTS. 

16 Section 1240G of the Food Security Act of 1985 (16 

17 U.S.C. 3839aa–7) is amended to read as follows: 

18 ‘‘SEC. 1240G. LIMITATION ON PAYMENTS. 

19 ‘‘(a) LIMITATION ON TOTAL PAYMENTS.—Subject to 

20 subsection (b), a person or legal entity may not receive, 

21 directly or indirectly, cost-share or incentive payments 

22 under this chapter, in the aggregate, for all contracts en23 tered into under this chapter by the person or entity (ex24 cluding funding arrangements with Indian tribes under 

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1 tered into under this chapter by the person or entity, 

2 that— 

3 ‘‘(1) during any fiscal year exceed $40,000; and 

4 ‘‘(2) during any five-year period exceed 

5 $200,000. 

6 ‘‘(b) WAIVER AUTHORITY.—In the case of contracts 

7 under this chapter for projects of special environmental 

8 significance, as determined by the Secretary, the Secretary 

9 may waive the limitation otherwise applicable under sub10 section (a)(1). 

11 ‘‘(c) PREVENTION OF DUPLICATION.—The Secretary 

12 shall not approve a contract or provide payments to any 

13 individual for a practice that has already been paid for 

14 as part of a previously approved and completed contract 

15 for any particular parcel of land.’’. 

Æ 


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