Emergency Conservation Program Improvement Act of 2022
Bill: S.5007 | Sponsor: Sen. Fischer, Deb (R-NE)
Policy area: Agriculture and Food

Summary:
Emergency Conservation Program Improvement Act of 2022
This bill revises the Emergency Conservation Program and the Emergency Forest Restoration Program to provide agricultural producers and owners of nonindustrial private forest land impacted by natural disasters the option to receive an advance on cost-sharing payments before carrying out emergency measures.
The bill also expands eligibility for payments under the programs to include emergency measures to address damages caused by (1) a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes, and (2) a wildfire that is caused by the federal government.

To amend the Agricultural Credit Act of 1978 to remove barriers to 
   agricultural producers in accessing funds to carry out emergency 
   measures under the emergency conservation 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 ``Emergency Conservation Program 
Improvement Act of 2022''.

SEC. 2. IMPROVING THE EMERGENCY CONSERVATION PROGRAM.

    Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) 
is amended--
            (1) in subsection (b)--
                    (A) in the subsection heading, by inserting ``and 
                Other Emergency Conservation Measures'' after 
                ``Fencing''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``or other emergency 
                        measures to replace or restore farmland or 
                        conservation structures requiring an immediate 
                        response (as determined by the Secretary),'' 
                        after ``replacement of fencing,''; and
                            (ii) by striking ``option of receiving'' 
                        and all that follows through the period at the 
                        end and inserting the following: ``option of 
                        receiving, before the agricultural producer 
                        carries out the repair, replacement, or 
                        restoration--
                    ``(A) with respect to a payment to the agricultural 
                producer for a replacement, 75 percent of the cost of 
                the replacement, as determined by the Secretary based 
                on the fair market value of the cost of the replacement 
                using the estimated cost of the applicable practice 
                published in the Field Office Technical Guide of each 
                State by the Natural Resources Conservation Service; 
                and
                    ``(B) with respect to a payment to the agricultural 
                producer for a repair or restoration, 50 percent of the 
                cost of the repair or restoration, as determined by the 
                Secretary based on the fair market value of the cost of 
                the repair or restoration using the estimated cost of 
                the applicable practice published in the Field Office 
                Technical Guide of each State by the Natural Resources 
                Conservation Service.''; and
            (2) by adding at the end the following:
    ``(c) Wildfire Determination.--A wildfire that causes damage 
eligible for a payment under subsection (a) includes--
            ``(1) a wildfire that is not caused naturally if the damage 
        is caused by the spread of the wildfire due to natural causes; 
        and
            ``(2) a wildfire that is caused by the Federal 
        Government.''.

SEC. 3. IMPROVING THE EMERGENCY FOREST RESTORATION PROGRAM.

    Section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) 
is amended--
            (1) in subsection (a)(2), by striking ``wildfires,'' and 
        inserting ``wildfires (including a wildfire that is not caused 
        naturally if the damage is caused by the spread of the wildfire 
        due to natural causes and a wildfire that is caused by the 
        Federal Government),'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) Advance Payments.--
            ``(1) In general.--The Secretary shall give an owner of 
        nonindustrial private forest land the option of receiving, 
        before the owner carries out emergency measures under this 
        section, not more than 75 percent of the cost of the emergency 
        measures, as determined by the Secretary based on the fair 
        market value of the cost of the emergency measures using the 
        estimated cost of the applicable practice published in the 
        Field Office Technical Guide of each State by the Natural 
        Resources Conservation Service.
            ``(2) Return of funds.--If the funds provided under 
        paragraph (1) are not expended by the end of the 60-day period 
        beginning on the date on which the owner of nonindustrial 
        private forest land receives those funds, the funds shall be 
        returned within a reasonable timeframe, as determined by the 
        Secretary.''.
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