I 
118TH CONGRESS 
1ST SESSION H. R. 5133 
To provide for the conservation of the Chesapeake Bay, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2023 
Mr. WITTMAN (for himself, Mr. SARBANES, Ms. SPANBERGER, and Mr. SCOTT 
of Virginia) introduced the following bill; which was referred to the Com-
mittee on Agriculture 
A BILL 
To provide for the conservation of the Chesapeake Bay, 
and for other purposes. 
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 ‘‘Chesapeake Bay Con-
servation Acceleration Act of 2023’’. 
SEC. 2. CHESAPEAKE BAY STATES’ PARTNERSHIP INITIA-
TIVE. 
Chapter 5 of subtitle D of title XII of the Food Secu-
rity Act of 1985 is amended by inserting after section 
1240O (16 U.S.C. 3939bb–2) the following: 
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‘‘SEC. 1240Q. CHESAPEAKE BAY STATES’ PARTNERSHIP INI-
TIATIVE. 
‘‘(a) DEFINITION
OF CHESAPEAKE BAY WATER-
SHED.—In this section, the term ‘Chesapeake Bay water-
shed’ means— 
‘‘(1) the Chesapeake Bay; 
‘‘(2) the portions of the States of Delaware, 
Maryland, New York, Pennsylvania, Virginia, and 
West Virginia that contain the tributaries, back-
waters, and side channels, including their water-
sheds, that drain into the Chesapeake Bay; and 
‘‘(3) the District of Columbia. 
‘‘(b) ESTABLISHMENT
AND PURPOSE.—The Sec-
retary shall carry out a Chesapeake Bay States’ Partner-
ship Initiative (referred to in this section as the ‘Initia-
tive’) to assist producers in implementing conservation ac-
tivities on agricultural lands in the Chesapeake Bay water-
shed for the purposes of— 
‘‘(1) improving water quality and quantity in 
the Chesapeake Bay watershed; 
‘‘(2) restoring, enhancing, and preserving soil, 
air, and related resources in the Chesapeake Bay 
watershed; and 
‘‘(3) increasing the resilience of agricultural 
production in the Chesapeake Bay watershed to 
withstand the impacts of climate change. 
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‘‘(c) CONSERVATION
ACTIVITIES.—The Secretary 
shall deliver the funds made available to carry out this 
section through applicable programs under this subtitle, 
including by providing enrollment opportunities that are 
targeted to the Chesapeake Bay watershed, to assist pro-
ducers in enhancing land and water resources— 
‘‘(1) by controlling erosion and reducing sedi-
ment and nutrient levels in ground and surface 
water; and 
‘‘(2) by planning, designing, implementing, and 
evaluating habitat conservation, restoration, and en-
hancement measures where there is significant eco-
logical value if the land is— 
‘‘(A) retained in its current use; or 
‘‘(B) restored to its natural condition. 
‘‘(d) CONSIDERATIONS.—In delivering the funds 
made available to carry out this section, the Secretary 
shall give special consideration to applications— 
‘‘(1) submitted by producers in the most effec-
tive river basins for nutrient reduction; or 
‘‘(2) to carry out conservation activities that re-
duce nitrogen and sediment, improve management of 
livestock and waste, and conserve wetlands. 
‘‘(e) DUTIES OF THE SECRETARY.—In carrying out 
this section, the Secretary shall— 
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‘‘(1) where available, use existing plans, models, 
and assessments to assist producers in implementing 
conservation activities; and 
‘‘(2) proceed expeditiously to deliver funding to 
a producer to implement conservation activities that 
are consistent with State strategies for the restora-
tion of the Chesapeake Bay watershed. 
‘‘(f) CONSULTATION AND COORDINATION.—The Sec-
retary shall— 
‘‘(1) in consultation with appropriate Federal 
agencies, ensure conservation activities carried out 
under this section complement Federal, State, and 
local programs, including programs that address 
water quality, in the Chesapeake Bay watershed; 
and 
‘‘(2) in carrying out this section, coordinate 
with the Farm Service Agency to identify needs and 
opportunities for buffer management on land subject 
to a contract under the conservation reserve pro-
gram under subchapter B of chapter 1 that may be 
expiring soon. 
‘‘(g) TASK FORCE.— 
‘‘(1) IN GENERAL.—The Secretary and the Ad-
ministrator of the Environmental Protection Agency 
shall jointly establish a Federal task force, to be 
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tation of conservation activities in the Chesapeake 
Bay watershed. 
‘‘(h) FUNDING.—Of the funds made available by sec-
tion 1241(a) of this Act or section 21001(a) of Public Law 
117–169 (136 Stat. 2015), the Secretary shall use to 
carry out this section $75,000,000 for each of fiscal years 
2024 through 2027, to remain available until expended.’’. 
SEC. 3. CONSERVATION RESERVE ENHANCEMENT PRO-
GRAM PARTICIPATION. 
(a) CONSERVATION RESERVE.— 
(1) ELIGIBLE LAND.—Section 1231(b) of the 
Food Security Act of 1985 (16 U.S.C. 3831(b)) is 
amended— 
(A) in paragraph (6)(B)(ii), by striking 
‘‘or’’ at the end; 
(B) in paragraph (7)(C), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(8) cropland, marginal pastureland, grass-
lands, and other rural land that will— 
‘‘(A) have a positive impact on water qual-
ity in furtherance of the goals of the Conserva-
tion Reserve Enhancement Program established 
by the Secretary under section 1231A; and 
‘‘(B) be devoted to a riparian buffer.’’. 
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(2) CONSERVATION
RESERVE
ENHANCEMENT 
PROGRAM.—Section 1231A of the Food Security Act 
of 1985 (16 U.S.C. 3831a) is amended— 
(A) in subsection (b)(3), by adding at the 
end the following: 
‘‘(C) UPDATES
TO
EXISTING
AGREE-
MENTS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall provide an option to signatories to an 
agreement under this subsection to update 
the agreement, without renegotiating other 
provisions of the agreement, to include new 
incentives made available under this sub-
chapter beginning on January 1, 2018, 
such as riparian forest buffer management 
payments. 
‘‘(ii) 
MATCHING
FUNDS.—Require-
ments for matching funds described in 
paragraph (2)(B) shall not apply to the 
updates to an agreement described clause 
(i). 
‘‘(D) AMENDMENTS TO AN AGREEMENT.— 
‘‘(i) IN GENERAL.—In the case of an 
amendment to an agreement under this 
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subsection, including an addendum to an 
agreement, the Secretary shall— 
‘‘(I) streamline the amendment 
process relating to time-sensitive na-
tional priorities, including the Chesa-
peake Bay total maximum daily load; 
and 
‘‘(II) give priority to simple 
amendments to update existing agree-
ments in accordance with subpara-
graph (C). 
‘‘(ii) SIMPLE AMENDMENTS.—A sim-
ple amendment of an agreement under this 
subsection shall not constitute a renegoti-
ation of the agreement.’’. 
(3) PAYMENTS.—Section 1234 of the Food Se-
curity Act of 1985 (16 U.S.C. 3834) is amended— 
(A) in subsection (b)(4)— 
(i) by striking ‘‘In addition’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—In addition’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) MINIMUM
PAYMENT
FOR
CERTAIN 
CONTRACTS.—In the case of a contract updated 
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under section 1231A(b)(3)(C), the incentive 
payment under subparagraph (A) shall be in an 
amount that is not less than 40 percent of the 
actual costs described in that subparagraph.’’; 
and 
(B) in subsection (g)(1), by striking 
‘‘$50,000’’ and inserting ‘‘$100,000’’. 
(b) ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM.— 
(1) CONSERVATION INCENTIVE CONTRACTS.— 
Section 1240B(j)(2)(C) of the Food Security Act of 
1985 (16 U.S.C. 3839aa–2(j)(2)(C)) is amended— 
(A) in clause (i), by striking ‘‘and’’ at the 
end; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iii) consider participation in the 
conservation reserve program and the con-
servation reserve enhancement program 
under subchapter B of chapter 1, and 
practices under those programs, such as ri-
parian buffers, in prioritizing grazing prac-
tices under the program established by this 
subchapter with respect to the efficient im-
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plementation of grazing systems to holis-
tically address resource concerns.’’. 
(2) EVALUATION
OF
APPLICATIONS.—Section 
1240C(b) of the Food Security Act of 1985 (16 
U.S.C. 3839aa–3(b)) is amended— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) that would include grazing practices under 
the program established by this subchapter, in con-
sideration of participation in the conservation re-
serve program and the conservation reserve enhance-
ment program under subchapter B of chapter 1, and 
practices under those programs, such as riparian 
buffers, with respect to the efficient implementation 
of grazing systems to holistically address resource 
concerns.’’. 
SEC. 4. CHESAPEAKE BAY WATERSHED TURNKEY PILOT 
PROGRAM. 
Section 1231C of the Food Security Act of 1985 (16 
U.S.C. 3831c) is amended by adding at the end the fol-
lowing: 
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‘‘(c) CHESAPEAKE
BAY
WATERSHED
TURNKEY 
PILOT PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CREP 
DEFINITIONS.—The terms 
‘CREP’, ‘eligible land’, and ‘management’ have 
the meanings given those terms in section 
1231A(a). 
‘‘(B) ELIGIBLE PRACTICE.—The term ‘eli-
gible practice’ means a forested riparian buffer 
practice under a CREP and any associated ac-
tivities, including— 
‘‘(i) a stream crossing; 
‘‘(ii) fencing and alternate water sys-
tems; 
‘‘(iii) herbicide applications; and 
‘‘(iv) any other activity that is appro-
priate to establish the practice. 
‘‘(C) TECHNICAL
SERVICE
PROVIDER.— 
The term ‘technical service provider’ means a 
third-party provider with which the Secretary 
enters into an agreement described in para-
graph (5)(A). 
‘‘(2) ESTABLISHMENT.—The Secretary shall es-
tablish a pilot program under which the Secretary 
shall provide, for voluntary owners and operators, 
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establishment and management of eligible practices 
on eligible land located in the Chesapeake Bay wa-
tershed that is enrolled through a CREP. 
‘‘(3) DUTIES OF THE SECRETARY.—With re-
spect to eligible land enrolled through the pilot pro-
gram under this subsection, the Secretary shall— 
‘‘(A) provide, for an owner or operator, es-
tablishment and management of an eligible 
practice on the eligible land, which may be pro-
vided by a technical service provider pursuant 
to an agreement under paragraph (5); and 
‘‘(B) not require the owner or operator— 
‘‘(i) to pay any costs of the establish-
ment or management of the eligible prac-
tice, including any compensation provided 
under paragraph (5)(C); or 
‘‘(ii) to submit to the Secretary any 
additional paperwork with respect to the 
pilot program under this subsection. 
‘‘(4) DUTIES OF OWNERS AND OPERATORS.— 
With respect to eligible land enrolled through the 
pilot program under this subsection, an owner or op-
erator of the eligible land— 
‘‘(A) shall provide to the Secretary and 
any technical service providers, as applicable, 
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access to the eligible land for purposes of the 
establishment or management of the eligible 
practice; and 
‘‘(B) may not receive any cost-share pay-
ment, practice incentive payment, or manage-
ment payment under this subchapter with re-
spect to the eligible practice. 
‘‘(5) AGREEMENTS WITH TECHNICAL SERVICE 
PROVIDERS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into an agreement under section 1242 
with 1 or more third-party providers certified 
under that section, including those certified 
through a streamlined certification process 
under subsection (e)(5) of that section, and 
that provide technical assistance under this title 
in the Chesapeake Bay watershed to conduct 
the establishment and management of an eligi-
ble practice on eligible land under the pilot pro-
gram under this subsection. 
‘‘(B) ACTIVITIES.—In addition to any ac-
tivity that a technical service provider may con-
duct pursuant to section 1242 relating to the 
establishment of an eligible practice, a technical 
service provider may carry out such activities as 
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are necessary to conduct the establishment and 
management of an eligible practice. 
‘‘(C) COMPENSATION.—Under an agree-
ment entered into under subparagraph (A), the 
Secretary shall provide to a technical service 
provider reasonable compensation for services 
provided under the agreement, including admin-
istrative, technical assistance, design, and in-
stallation costs. 
‘‘(6) REPORT TO CONGRESS.—Not later than 1 
year after the date of enactment of this subsection, 
the Secretary shall submit to the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate and 
the Committee on Agriculture of the House of Rep-
resentatives a report describing the status of, and 
any activities carried out under, the pilot program 
under this subsection.’’. 
SEC. 5. CHESAPEAKE BAY WATERSHED WORKFORCE DE-
VELOPMENT. 
(a) GRANTS AND FELLOWSHIPS FOR FOOD AND AG-
RICULTURAL SCIENCES EDUCATION.—Section 1417 of the 
National Agricultural Research, Extension, and Teaching 
Policy Act of 1977 (7 U.S.C. 3152) is amended— 
(1) in subsection (b)— 
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(A) in the matter preceding paragraph (1), 
by striking ‘‘other colleges and universities’’ 
and inserting ‘‘other institutions of higher edu-
cation (as defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001))’’; and 
(B) in paragraph (3), by striking ‘‘food 
and agricultural sciences teaching programs, or 
teaching programs emphasizing’’ and inserting 
‘‘teaching programs, including paid work-based 
learning (as defined in section 3 of the Carl D. 
Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2302)), for food and agricul-
tural sciences or’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) applications for teaching enhancement 
projects, including paid work-based learning (as de-
fined in section 3 of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 2302)), 
that address a need for additional trained profes-
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sionals in food and agricultural sciences or rural eco-
nomic, community, and business development.’’; and 
(3) in subsection (m)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) $60,000,000 for each of fiscal years 2024 
through 2033.’’. 
(b) EXPERIENCED
SERVICES
PROGRAM.—Section 
1252(a)(2) of the Food Security Act of 1985 (16 U.S.C. 
3851(a)(2)) is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) assisting cooperative initiatives under 
section 1417(b)(3) of the National Agricultural 
Research, Extension, and Teaching Policy Act 
of 1977 (7 U.S.C. 3152(b)(3)) to improve high-
er education teaching programs, including paid 
work-based learning (as defined in section 3 of 
the Carl D. Perkins Career and Technical Edu-
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cation Act of 2006 (20 U.S.C. 2302)), at insti-
tutions of higher education.’’. 
SEC. 6. PRIMARY REGULATORY OVERSIGHT FOR DOMES-
TIC, WILD-CAUGHT, INVASIVE CATFISH. 
(a) EXEMPTION
OF
DOMESTIC, WILD-CAUGHT, 
INVASIVE CATFISH FROM USDA OVERSIGHT.— 
(1) FOOD SAFETY AND INSPECTION SERVICE.— 
Section 1(w)(2) of the Federal Meat Inspection Act 
(21 U.S.C. 601(w)(2)) is amended by inserting ‘‘, 
except for domestic, wild-caught blue catfish 
(Ictalurus furcatus) and flathead catfish (Pylodictis 
olivaris) invasive to the Chesapeake Bay ecosystem’’ 
after ‘‘Siluriformes’’. 
(2) 
USDA 
GRADING
PROGRAM.—Section 
203(n)(1) of the Agricultural Marketing Act of 1946 
(7 U.S.C. 1622(n)(1)) is amended by inserting ‘‘, ex-
cept for domestic, wild-caught blue catfish (Ictalurus 
furcatus) and flathead catfish (Pylodictis olivaris) 
invasive to the Chesapeake Bay ecosystem’’ after 
‘‘Siluriformes’’. 
(b) INTERAGENCY COORDINATION.—Not later than 
90 days after the date of enactment of this Act, the Sec-
retary of Agriculture (referred to in this section as the 
‘‘Secretary’’) shall execute a memorandum of under-
standing with the Commissioner of Food and Drugs (re-
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ferred to in this section as the ‘‘Commissioner’’) for the 
purpose of transferring primary regulatory oversight of 
the domestic and import inspection of domestic, wild- 
caught blue catfish (Ictalurus furcatus) and flathead cat-
fish (Pylodictis olivaris) invasive to the Chesapeake Bay 
ecosystem from the Secretary to the Commissioner, pursu-
ant to the authorities of the Commissioner under the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.), the Fair Packaging and Labeling Act (15 U.S.C. 
1451 et seq.), and the Public Health Service Act (42 
U.S.C. 201 et seq.). 
(c) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary, in con-
sultation with the Commissioner, shall issue final regula-
tions to carry out this Act and the amendments made by 
this Act, as applicable, in a manner that ensures that 
there is no duplication in inspection activities relating to 
domestic, wild-caught blue catfish (Ictalurus furcatus) and 
flathead catfish (Pylodictis olivaris) invasive to the Chesa-
peake Bay ecosystem. 
Æ 
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