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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2978 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2978

   To amend the Food Security Act of 1985 to modify the conservation 
          reserve enhancement program, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2018

Mr. Casey (for himself, Mr. Van Hollen, and Mr. Cardin) 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 modify the conservation 
          reserve enhancement program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Conservation Reserve Enhancement 
Program Improvement Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Conservation Reserve Enhancement Program 
        established by the Secretary of Agriculture under subchapter B 
        of chapter 1 of subtitle D of title XII of the Food Security 
        Act of 1985 (16 U.S.C. 3831 et seq.) (referred to in this Act 
        as the ``Conservation Reserve Enhancement Program'') has been 
        successfully used across the United States to protect and 
        restore environmentally sensitive landscapes;
            (2) the Conservation Reserve Enhancement Program targets 
        regionally or nationally significant resource concerns 
        identified by local, State, or Tribal governments, including 
        wildlife habitat, water quality, water conservation and 
        recharge, soil conservation and health, air quality, at-risk 
        species habitat, rare and declining habitat, and drinking water 
        and source water protection;
            (3) Conservation Reserve Enhancement Program agreements 
        provide meaningful partnership between the Department of 
        Agriculture and non-Federal partners, such as State or Tribal 
        governments, and nongovernmental organizations, such as farm, 
        conservation, and environmental organizations;
            (4) Conservation Reserve Enhancement Program agreements 
        tailor conservation practices and incentives under the 
        conservation reserve program established under subchapter B of 
        chapter 1 of subtitle D of title XII of the Food Security Act 
        of 1985 (16 U.S.C. 3831 et seq.) to specific geographic target 
        areas to address regionally or nationally significant resource 
        concerns;
            (5) the Conservation Reserve Enhancement Program and other 
        voluntary conservation efforts have helped farmers and ranchers 
        voluntarily implement conservation practices aimed at improving 
        water quality, which may help avoid the need for regulatory 
        requirements aimed at improving water quality;
            (6) the Conservation Reserve Enhancement Program is 
        critical to meeting State and Federal resource protection 
        goals, such as--
                    (A) State nutrient reduction strategies to address 
                hypoxia in the Gulf of Mexico;
                    (B) compliance with State watershed implementation 
                plans to restore Chesapeake Bay water quality;
                    (C) voluntary local or regional efforts to protect 
                candidate species habitat to prevent the need to list 
                as endangered species sage-grouse, lesser prairie-
                chickens, or other species under the Endangered Species 
                Act of 1973 (16 U.S.C. 1531 et seq.);
                    (D) State water conservation plans, compacts, or 
                other vehicles to protect and recharge overtaxed 
                surface water or groundwater supplies, including the 
                Ogallala Aquifer and the Rio Grande River; and
                    (E) numerous local and State watershed management 
                plans and total maximum daily loads, including the 
                protection of water quality in the Great Lakes and the 
                tributaries of the Great Lakes;
            (7) a renewed commitment and willingness to play a 
        leadership role is needed from Federal, State, and local 
        partners to increase enrollment in the Conservation Reserve 
        Enhancement Program;
            (8) nongovernmental entities have significant experience in 
        implementing conservation practices and are well positioned to 
        help increase the adoption of Conservation Reserve Enhancement 
        Program conservation practices in agricultural landscapes, 
        depending on the areas of expertise and relationships of the 
        nongovernmental entities;
            (9) the Conservation Reserve Enhancement Program has worked 
        best where strong partnerships are involved; and
            (10) flexibility and decisionmaking at the local level can 
        facilitate increased landowner participation in voluntary 
        conservation practices and environmental benefits consistent 
        with the purposes of the Conservation Reserve Enhancement 
        Program.

SEC. 3. PURPOSE.

    The purpose of this Act is to modify the Conservation Reserve 
Enhancement Program to facilitate increased enrollment in, and 
increased environmental benefits from, the Conservation Reserve 
Enhancement Program.

SEC. 4. MODIFICATIONS TO CONSERVATION RESERVE ENHANCEMENT PROGRAM.

    (a) In General.--Subchapter B of chapter 1 of subtitle D of title 
XII of the Food Security Act of 1985 is amended by inserting after 
section 1231 (16 U.S.C. 3831) the following:

``SEC. 1231A. CONSERVATION RESERVE ENHANCEMENT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible land.--The term `eligible land' means land 
        that is eligible to be included in the program established 
        under this subchapter.
            ``(2) Management.--The term `management' means an activity 
        conducted by an owner or operator after the establishment of a 
        conservation practice on eligible land, to regularly maintain 
        or enhance the vegetative cover established by the conservation 
        practice--
                    ``(A) throughout the term of a contract entered 
                into under this subchapter; and
                    ``(B) consistent with the conservation plan that 
                covers the eligible land.
            ``(3) Program.--The term `program' means a conservation 
        reserve enhancement program carried out under an agreement 
        under subsection (b)(1).
    ``(b) Agreements.--
            ``(1) In general.--The Secretary may enter into an 
        agreement with a State or an Indian tribe to carry out a 
        conservation reserve enhancement program--
                    ``(A) to assist in enrolling eligible land in the 
                program established under this subchapter; and
                    ``(B) that the Secretary determines will advance 
                the purposes of this subchapter.
            ``(2) Contents.--An agreement entered into under paragraph 
        (1) shall describe--
                    ``(A) one or more specific State or nationally 
                significant conservation concerns to be addressed by 
                the agreement;
                    ``(B) quantifiable environmental goals for 
                addressing the concerns under subparagraph (A);
                    ``(C) a suitable acreage goal for enrollment of 
                eligible land under the agreement;
                    ``(D) the location of eligible land to be enrolled 
                under the agreement;
                    ``(E) the payments to be offered by the Secretary 
                and State or Indian tribe, as applicable, to an owner 
                or operator; and
                    ``(F) an appropriate list of conservation reserve 
                program conservation practice standards, including any 
                modifications to the practice standards, that are 
                appropriate to meeting the State and nationally 
                significant conservation concerns described under 
                subparagraph (A), as determined by the Secretary.
            ``(3) Effect on existing agreements.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                agreement under this subsection shall not affect, 
                modify, or interfere with existing agreements under 
                this subchapter.
                    ``(B) Modification of existing agreements.--To 
                implement this section, the signatories to an agreement 
                under this subsection may mutually agree to a 
                modification of an agreement entered into before the 
                date of enactment of this section under the 
                Conservation Reserve Enhancement Program established by 
                the Secretary under this subchapter.
    ``(c) Payments.--
            ``(1) Matching requirement.--Any matching requirement under 
        a program shall be satisfied by cash funding or in-kind 
        contributions.
            ``(2) Marginal pastureland cost-share payments.--The 
        Secretary shall ensure that cost-share payments to an owner or 
        operator to install stream fencing, crossings, and alternative 
        water development on marginal pastureland under a program 
        reflect the fair market value of the cost of installation.
            ``(3) Cost-share and practice incentive payments.--On 
        request of an owner or operator, the Secretary shall provide 
        cost-share and practice incentive payments when a major 
        conservation practice component is completed under a program, 
        as determined by the Secretary.
            ``(4) Forested riparian buffer maintenance payments.--
                    ``(A) In general.--In the case of an agreement 
                under subsection (b)(1) that includes forested riparian 
                buffers as an eligible conservation practice, the 
                Secretary shall make cost-share payments to encourage 
                the regular management of the forested riparian buffer 
                throughout the term of the agreement, consistent with 
                the conservation plan that covers the eligible land.
                    ``(B) Limitation.--The amount of payments received 
                by an owner or operator under subparagraph (A) shall 
                not be greater than 100 percent of the normal and 
                customary projected management cost, as determined by 
                the Secretary, in consultation with the applicable 
                State technical committee established under section 
                1261(a).
    ``(d) Forested Riparian Buffer Practice.--
            ``(1) Food-producing woody plants.--In the case of an 
        agreement under subsection (b)(1) that includes forested 
        riparian buffers as an eligible conservation practice, the 
        Secretary shall allow an owner or operator--
                    ``(A) to plant food-producing woody plants in the 
                forested riparian buffers, on the conditions that--
                            ``(i) the plants shall contribute to the 
                        conservation of soil, water quality, and 
                        wildlife habitat; and
                            ``(ii) the planting shall be consistent 
                        with--
                                    ``(I) recommendations of the 
                                applicable State technical committee 
                                established under section 1261(a); and
                                    ``(II) technical guide standards of 
                                the applicable field office of the 
                                Natural Resources Conservation Service; 
                                and
                    ``(B) to harvest from plants described in 
                subparagraph (A), on the conditions that--
                            ``(i) the harvesting shall not damage the 
                        conserving cover or otherwise have a negative 
                        impact on the conservation concerns targeted by 
                        the program; and
                            ``(ii) only native plant species 
                        appropriate to the region shall be used within 
                        35 feet of the watercourse.
            ``(2) Technical assistance.--For the purpose of enrolling 
        forested riparian buffers in a program, the Administrator of 
        the Farm Service Agency, in consultation with the Chief of the 
        Forest Service--
                    ``(A) shall provide funds for technical assistance 
                directly to a State forestry agency; and
                    ``(B) is encouraged to partner with a 
                nongovernmental organization--
                            ``(i) to make recommendations for 
                        conservation practices under the program;
                            ``(ii) to provide technical assistance 
                        necessary to carry out the conservation 
                        practices recommended under clause (i); and
                            ``(iii) to implement riparian buffers by--
                                    ``(I) pooling and submitting 
                                applications on behalf of owners and 
                                operators in a specific watershed; and
                                    ``(II) carrying out management 
                                activities for the duration of the 
                                program.
    ``(e) Acreage Enrollment Goal.--To the maximum extent practicable, 
the Secretary shall enroll not less than 3,000,000 acres of eligible 
land under this subchapter by September 30, 2023.
    ``(f) Status Report.--Not later than 120 days after the end of each 
fiscal year, the Secretary shall submit to Congress a report that 
describes, with respect to each agreement entered into under subsection 
(b)(1)--
            ``(1) the status of the agreement;
            ``(2) the purposes and objectives of the agreement;
            ``(3) the Federal commitments made under the agreement; and
            ``(4) the progress made in fulfilling those commitments.''.
    (b) Conforming Amendments.--
            (1) Section 1234(g) of the Food Security Act of 1985 (16 
        U.S.C. 3834(g)) is amended--
                    (A) by striking ``Payment'' in the subsection 
                heading and all that follows through ``The total'' in 
                paragraph (1) and inserting ``Payments.--The total''; 
                and
                    (B) by striking paragraph (2).
            (2) Section 1240R(c)(3) of the Food Security Act of 1985 
        (16 U.S.C. 3839bb-5(c)(3)) is amended by striking ``a special 
        conservation reserve enhancement program described in section 
        1234(f)(4)'' and inserting ``the Conservation Reserve 
        Enhancement Program under section 1231A''.
            (3) Section 1244(f)(3) of the Food Security Act of 1985 (16 
        U.S.C. 3844(f)(3)) is amended by striking ``subsection 
        (d)(2)(A)(ii) or (g)(2) of section 1234'' and inserting 
        ``section 1231A or 1234(d)(2)(A)(ii)''.
                                 <all>
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