Agriculture Disaster Assistance Improvement Act of 2022
Bill: S.5023 | Sponsor: Sen. Thune, John (R-SD)
Policy area: Agriculture and Food

Summary:
Agriculture Disaster Assistance Improvement Act of 2022
This bill modifies access to Department of Agriculture disaster assistance programs and requires increased interagency cooperation in drought-related activities.
The bill specifies that state and federal grazing permit holders are eligible for the Emergency Conservation Program and the Emergency Forest Restoration Program. Further, emergency measures eligible for payments include new permanent measures, such as permanent water wells and pipelines. The bill also waives the 30-day comment period required for applications under the National Environmental Policy Act of 1969 for emergency measures carried out during a drought emergency.
Modifications to the Livestock Forage Disaster Program allow for one monthly payment when a county has four consecutive weeks of a D2 rating (severe drought) and two payments for eight consecutive weeks of D2. Currently, one payment is available for eight consecutive weeks of D2.
The bill expands coverage for honey bee producers under the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP) for losses caused by adverse weather or drought, such as transportation costs and reduced honey crops. Further, the bill requires the ELAP payment rate for honey bee producers to incorporate additional factors, such as per-hive and per-colony rates of loss.
The USDA must establish an interagency working group to improve the consistency and accuracy of U.S. Drought Monitor data.
Finally, the Farm Service Agency and the Forest Service must enter into a memorandum of understanding to better align their drought response activities.

To improve disaster assistance programs of the Department of 
                  Agriculture, 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 ``Agriculture Disaster Assistance 
Improvement Act of 2022''.

SEC. 2. EMERGENCY CONSERVATION PROGRAM.

    Title IV of the Agricultural Credit Act of 1978 is amended by 
inserting after section 402B (16 U.S.C. 2202b) the following:

``SEC. 402C. ADDITIONAL REQUIREMENTS FOR THE EMERGENCY CONSERVATION 
              PROGRAM.

    ``(a) Eligibility of Federal, State, and Local Land Users.--
            ``(1) In general.--An agricultural producer eligible to 
        receive payments under sections 401 and 402 includes a person 
        that--
                    ``(A) holds a permit from the Federal Government to 
                conduct agricultural production or grazing on Federal 
                land; or
                    ``(B) leases land from a State or unit of local 
                government to conduct agricultural production or 
                grazing on that land.
            ``(2) Effect.--Nothing in this subsection authorizes the 
        Secretary to make a payment under section 401 or 402 to a State 
        or unit of local government.
    ``(b) Permanent Improvements.--Emergency measures eligible for 
payments under sections 401 and 402 include--
            ``(1) new permanent measures, including permanent water 
        wells and pipelines; and
            ``(2) replacement or restoration of existing emergency 
        measures with permanent measures, including permanent water 
        wells and pipelines.
    ``(c) Streamlining Application Process.--
            ``(1) Waiver of public comment.--During a drought 
        emergency, as determined by the Secretary, the 30-day public 
        comment period required under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived with 
        respect to an application to carry out emergency measures under 
        section 401 or 402 on land administered by the Secretary of the 
        Interior, acting through the Director of the Bureau of Land 
        Management (referred to in this subsection as the `Secretary of 
        the Interior').
            ``(2) Acceptance of nrcs reviews.--With respect to an 
        application to carry out emergency measures under section 401 
        or 402 on land administered by the Secretary of the Interior, 
        the Secretary of the Interior may accept--
                    ``(A) during a drought emergency, as determined by 
                the Secretary, an archeological review conducted by the 
                Secretary, acting through the Chief of the Natural 
                Resources Conservation Service, for purposes of an 
                archeological review required to be conducted;
                    ``(B) an environmental review under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) conducted by the Secretary, acting through the 
                Chief of the Natural Resources Conservation Service, 
                for purposes of such an environmental review required 
                to be conducted; and
                    ``(C) a review under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) conducted by the 
                Secretary, acting through the Chief of the Natural 
                Resources Conservation Service, for purposes of such a 
                review required to be conducted.''.

SEC. 3. EMERGENCY FOREST RESTORATION PROGRAM.

    Section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) 
is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) through (3) as 
                paragraphs (3) through (5), respectively;
                    (B) by inserting before paragraph (3) (as so 
                redesignated) the following:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) with respect to nonindustrial private forest 
                land, an owner of the nonindustrial private forest 
                land;
                    ``(B) with respect to Federal land, a person that 
                holds a permit from the Federal Government to conduct 
                agricultural production or grazing on the Federal land; 
                and
                    ``(C) with respect to land owned by a State or a 
                unit of local government, a person that leases land 
                from the State or unit of local government to conduct 
                agricultural production or grazing on that land.
            ``(2) Eligible land.--The term `eligible land' means--
                    ``(A) nonindustrial private forest land;
                    ``(B) Federal land; and
                    ``(C) land owned by a State or unit of local 
                government.''; and
                    (C) in paragraph (3) (as so redesignated)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``nonindustrial 
                                private forest land'' and inserting 
                                ``eligible land''; and
                                    (II) by redesignating clauses (i) 
                                and (ii) as subclauses (I) and (II), 
                                respectively, and indenting 
                                appropriately;
                            (ii) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii), respectively, and 
                        indenting appropriately;
                            (iii) in the matter preceding clause (i) 
                        (as so redesignated), by striking ``The term'' 
                        and inserting the following:
                    ``(A) In general.--The term''; and
                            (iv) by adding at the end the following:
                    ``(B) Inclusions.--The term `emergency measures' 
                includes--
                            ``(i) new permanent measures described in 
                        subparagraph (A), including permanent water 
                        wells and pipelines; and
                            ``(ii) replacement or restoration of 
                        existing emergency measures with permanent 
                        measures described in subparagraph (A), 
                        including permanent water wells and 
                        pipelines.'';
            (2) in subsection (b)--
                    (A) by striking ``an owner of nonindustrial private 
                forest land who'' and inserting ``an eligible entity 
                that''; and
                    (B) by striking ``restore the land'' and inserting 
                ``restore eligible land'';
            (3) in subsection (c)--
                    (A) by striking ``owner must'' and inserting 
                ``eligible entity shall''; and
                    (B) by striking ``nonindustrial private forest 
                land'' and inserting ``eligible land'';
            (4) in subsection (d), by striking ``an owner of 
        nonindustrial private forest land'' and inserting ``an eligible 
        entity'';
            (5) by redesignating subsection (e) as subsection (g); and
            (6) by inserting after subsection (d) the following:
    ``(e) Streamlining Application Process.--
            ``(1) Waiver of public comment.--During a drought 
        emergency, as determined by the Secretary, the 30-day public 
        comment period required under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived with 
        respect to an application to carry out emergency measures under 
        this section on land administered by the Secretary of the 
        Interior, acting through the Director of the Bureau of Land 
        Management (referred to in this subsection as the `Secretary of 
        the Interior').
            ``(2) Acceptance of nrcs reviews.--With respect to an 
        application to carry out emergency measures under this section 
        on land administered by the Secretary of the Interior, the 
        Secretary of the Interior may accept--
                    ``(A) during a drought emergency, as determined by 
                the Secretary, an archeological review conducted by the 
                Secretary, acting through the Chief of the Natural 
                Resources Conservation Service, for purposes of an 
                archeological review required to be conducted;
                    ``(B) an environmental review under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) conducted by the Secretary, acting through the 
                Chief of the Natural Resources Conservation Service, 
                for purposes of such an environmental review required 
                to be conducted; and
                    ``(C) a review under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) conducted by the 
                Secretary, acting through the Chief of the Natural 
                Resources Conservation Service, for purposes of such a 
                review required to be conducted.
    ``(f) Effect.--Nothing in this section authorizes the Secretary to 
make a payment under this section to a State or unit of local 
government.''.

SEC. 4. LIVESTOCK FORAGE DISASTER PROGRAM.

    Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act of 2014 (7 
U.S.C. 9081(c)(3)(D)(ii)(I)) is amended--
            (1) by striking ``at least 8 consecutive'' and inserting 
        the following: ``not less than--
                                            ``(aa) 4 consecutive weeks 
                                        during the normal grazing 
                                        period for the county, as 
                                        determined by the Secretary, 
                                        shall be eligible to receive 
                                        assistance under this paragraph 
                                        in an amount equal to 1 monthly 
                                        payment using the monthly 
                                        payment rate determined under 
                                        subparagraph (B); or
                                            ``(bb) 8 consecutive''; and
            (2) in item (bb) (as so designated), by striking ``1 
        monthly payment'' and inserting ``2 monthly payments''.

SEC. 5. EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND FARM-RAISED 
              FISH.

    (a) In General.--Section 1501(d) of the Agricultural Act of 2014 (7 
U.S.C. 9081(d)) is amended--
            (1) in paragraph (1), by inserting ``drought,'' after 
        ``adverse weather,'';
            (2) in paragraph (2), by inserting ``adverse weather or 
        drought (such as added transportation costs, feed costs, and 
        reduced honey crops for eligible producers of honey bees),'' 
        after ``disease,'';
            (3) in paragraph (4)--
                    (A) by striking ``In the case'' and inserting the 
                following:
                    ``(A) In general.--In the case''; and
                    (B) by adding at the end the following:
                    ``(B) Requirements.--The payment rate under 
                subparagraph (A) shall--
                            ``(i) in the case of eligible producers of 
                        honey bees, incorporate per-hive and per-colony 
                        rates of loss; and
                            ``(ii) incorporate a standardized expected 
                        mortality rate of 15 percent.''; and
            (4) by adding at the end the following:
            ``(5) Documentation.--
                    ``(A) In general.--Any requirements for the 
                submission of documentation by an eligible producer to 
                receive a payment under this subsection shall be 
                consistent nationwide.
                    ``(B) Producers of honey bees.--The Secretary, in 
                consultation with eligible producers of honey bees, 
                shall establish a standard, for purposes of this 
                subsection, for--
                            ``(i) collecting data; and
                            ``(ii) setting an annual rate for replacing 
                        colonies and hives of honey bees.''.
    (b) Applicability to Producers of Honey Bees.--The Secretary of 
Agriculture shall apply the amendments made by subsection (a) to 
producers of honey bees such that there is no limit on the size of a 
beekeeping operation with respect to those amendments.

SEC. 6. DROUGHT MONITOR INTERAGENCY WORKING GROUP.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Agriculture shall establish an 
interagency working group (referred to in this section as the ``working 
group'') to improve the availability of consistent, accurate, and 
reliable data for use in producing the United States Drought Monitor in 
accordance with section 12512 of the Agriculture Improvement Act of 
2018 (7 U.S.C. 5856).
    (b) Membership.--The working group shall consist of not fewer 
than--
            (1) 3 representatives from the Department of Agriculture, 
        including 1 representative from each of--
                    (A) the Office of the Chief Economist, who shall 
                serve as the Chair of the working group;
                    (B) the Forest Service; and
                    (C) the Farm Service Agency;
            (2) 4 representatives from the National Oceanic and 
        Atmospheric Administration, including 1 representative from 
        each of--
                    (A) the Climate Prediction Center;
                    (B) the National Centers for Environmental 
                Information;
                    (C) the National Integrated Drought Information 
                System; and
                    (D) the National Mesonet Program;
            (3) 1 representative from the National Drought Mitigation 
        Center;
            (4) 1 representative from the Department of the Interior; 
        and
            (5) 3 representatives from mesonet programs in States--
                    (A) that have experienced severe drought, as 
                determined by the United States Drought Monitor, in not 
                less than 5 calendar years during the period of 
                calendar years 2012 through 2021; and
                    (B) more than 50 percent of the land area of which 
                is designated by the Economic Research Service as a 
                Level 1 frontier and remote area.
    (c) Duties.--The working group shall--
            (1) develop a means for the inclusion of additional in-situ 
        data into the process of developing the United States Drought 
        Monitor, including--
                    (A) determining minimum requirements for data to be 
                included in the United States Drought Monitor;
                    (B) identifying data available from other 
                government agencies, including through portals managed 
                by the National Oceanic and Atmospheric Administration; 
                and
                    (C) identifying gaps in coverage and determining 
                solutions to address those gaps;
            (2) identify and address potential barriers to the use of 
        existing data, including--
                    (A) identifying Federal datasets that would be of 
                immediate use in developing the United States Drought 
                Monitor where access is restricted to some or all 
                authors of the United States Drought Monitor; and
                    (B) developing proposed accommodations, 
                modifications to contractual agreements, or updates to 
                interagency memoranda of understanding to allow for 
                incorporation of datasets identified under subparagraph 
                (A);
            (3) develop an open and transparent methodology for vetting 
        data products developed using remote sensing or modeling;
            (4) if determined appropriate by the working group, develop 
        a methodology for inclusion of data that may otherwise be 
        excluded from the United States Drought Monitor due to shorter 
        periods of record; and
            (5) identify and address any other issues relating to data 
        availability and quality, as determined appropriate by the 
        Chair of the working group.
    (d) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the working group shall submit to the 
        Secretary of Agriculture, the Secretary of Commerce, the 
        Secretary of the Interior, and the relevant committees of 
        Congress a report containing recommendations for changes in 
        policies, regulations, guidance documents, or existing law to 
        meet the objectives described in subsection (c).
            (2) Definition of relevant committees of congress.--In this 
        subsection, the term ``relevant committees of Congress'' 
        means--
                    (A) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Agriculture of the House of 
                Representatives; and
                    (D) the Committee on Science, Space, and Technology 
                of the House of Representatives.
    (e) Action by the Secretary.--Not later than 180 days after the 
date of submission of the report under subsection (d), the Secretary of 
Agriculture, in coordination with the Secretary of Commerce and the 
Secretary of the Interior, shall incorporate, to the extent 
practicable, the recommendations of the working group to improve the 
United States Drought Monitor in accordance with section 12512 of the 
Agriculture Improvement Act of 2018 (7 U.S.C. 5856).
    (f) Termination.--The working group shall terminate on the date 
that is 90 days after the date on which the report is submitted under 
subsection (d).

SEC. 7. ALIGNMENT OF FARM SERVICE AGENCY AND FOREST SERVICE DROUGHT 
              RESPONSE.

    (a) In General.--Not later than 60 days after the date of 
submission of the report under section 6(d), the Administrator of the 
Farm Service Agency and the Chief of the Forest Service shall enter 
into a memorandum of understanding to better align drought response 
activities of the Farm Service Agency and the Forest Service (referred 
to in this section as the ``agencies'').
    (b) Contents.--The memorandum of understanding entered into under 
subsection (a) shall include--
            (1) a commitment to better align practices of the agencies 
        with respect to determining the severity of regional drought 
        conditions;
            (2) a strategy for amending those determinations to ensure 
        consistent policy with respect to drought response in cases 
        where the agencies are making inconsistent determinations 
        within the same spatial scale;
            (3) an agreement to utilize, to the extent practicable, the 
        United States Drought Monitor in making those determinations; 
        and
            (4) an agreement to provide consistent information to 
        grazing permittees, operators, and other stakeholders affected 
        by determinations relating to drought.
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