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 Ala-
bama) 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 conserva-
tion reserve program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving Marginal 
Lands and Protecting Farming Act of 2013’’. 
SEC. 2. MAXIMUM ENROLLMENT. 
Section 1231(d) of the Food Security Act of 1985 
(16 U.S.C. 3831(d)) is amended to read as follows: 
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‘‘(d) MAXIMUM ENROLLMENT.—The Secretary may 
maintain in the conservation reserve at any 1 time, not 
more than— 
‘‘(1) during fiscal year 2013, 29,000,000 acres; 
‘‘(2) during fiscal year 2014, 26,000,000 acres; 
and 
‘‘(3) during each of fiscal years 2015 through 
2018, 24,000,000 acres.’’. 
SEC. 3. INELIGIBLE LAND. 
Section 1231 of the Food Security Act of 1985 (16 
U.S.C. 3831) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(j) INELIGIBLE LAND.—Notwithstanding any other 
provision of this section, after the date of enactment of 
this subsection, the Secretary may not enroll land in the 
conservation reserve that is classified as class I or class 
II land under the land capability classification system pub-
lished in the National Soil Survey Handbook of the Nat-
ural Resources Conservation Service, unless such land is 
enrolled as a buffer, filterstrip, or strip adjacent to a ri-
parian area.’’. 
SEC. 4. CONTRACT REQUIREMENTS. 
(a) EARLY TERMINATION
BY OWNER
OR OPER-
ATOR.—Section 1235(e) of the Food Security Act of 1985 
(16 U.S.C. 3835(e)) is amended— 
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(1) in paragraph (1)(A)— 
(A) by striking ‘‘The Secretary’’ and in-
serting ‘‘During fiscal year 2014, the Sec-
retary’’; and 
(B) by striking ‘‘before January 1, 1995,’’; 
(2) in paragraph (2), by striking subparagraph 
(C) and inserting the following: 
‘‘(C) Land devoted to hardwood trees. 
‘‘(D) Wildlife habitat, duck nesting habi-
tat, pollinator habitat, upland bird habitat buff-
er, wildlife food plots, State acres for wildlife 
enhancement, shallow water areas for wildlife, 
and rare and declining habitat. 
‘‘(E) Farmable wetland and restored wet-
land. 
‘‘(F) Land that contains diversions, ero-
sion control structures, flood control structures, 
contour grass strips, living snow fences, salinity 
reducing vegetation, cross wind trap strips, and 
sediment retention structures. 
‘‘(G) Land located within a federally-des-
ignated wellhead protection area. 
‘‘(H) Land that is covered by an easement 
under the conservation reserve program. 
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‘‘(I) Land located within an average width, 
according to the applicable Natural Resources 
Conservation Service field office technical guide, 
of a perennial stream or permanent water 
body.’’; and 
(3) in paragraph (3), by striking ‘‘60 days after 
the date on which the owner or operator submits the 
notice required under paragraph (1)(C)’’ and insert-
ing ‘‘upon approval by the Secretary’’. 
(b) TRANSITION OPTION FOR CERTAIN FARMERS OR 
RANCHERS.—Section 1235(f) of the Food Security Act of 
1985 (16 U.S.C. 3835(f)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘DUTIES’’ and all that follows 
through ‘‘a beginning farmer’’ and inserting 
‘‘TRANSITION TO COVERED FARMER OR RANCH-
ER.—In the case of a contract modification ap-
proved in order to facilitate the transfer of land 
subject to a contract from a retired farmer or 
rancher to a beginning farmer’’; 
(B) in subparagraph (A)(i), by inserting ‘‘, 
including preparing to plant an agricultural 
crop’’ after ‘‘improvements’’; 
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(C) in subparagraph (D), by striking ‘‘the 
farmer or rancher’’ and inserting ‘‘the covered 
farmer or rancher’’; and 
(D) in subparagraph (E), by striking ‘‘sec-
tion 1001A(b)(3)(B)’’ and inserting ‘‘section 
1001(a)’’; and 
(2) in paragraph (2), by striking ‘‘requirement 
of section 1231(h)(4)(B)’’ and inserting ‘‘option pur-
suant to section 1231(h)’’. 
(c) FINAL YEAR CONTRACT.—Section 1235 of the 
Food Security Act of 1985 (16 U.S.C. 3835) is amended 
by adding at the end the following new subsection: 
‘‘(g) FINAL YEAR OF CONTRACT.—The Secretary 
shall not consider an owner or operator to be in violation 
of a term or condition of the conservation reserve contract 
if— 
‘‘(1) during the year prior to expiration of the 
contract, the land is enrolled in the conservation 
stewardship program; and 
‘‘(2) the activity required under the conserva-
tion stewardship program pursuant to such enroll-
ment is consistent with this subchapter.’’. 
Æ 
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