II 118th CONGRESS 1st Session S. 2180 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Bennet (for himself, Mr. Luján , Mr. Brown , Mr. Heinrich , Mrs. Gillibrand , Mr. Welch , Mr. Wyden , Mr. King , Mr. Sanders , Mr. Reed , and Mr. Fetterman ) 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 require the Secretary of Agriculture to establish a small farm EQIP subprogram under the environmental quality incentives program, and for other purposes.

1. Short title This Act may be cited as the Small Farm Conservation Act . 2. Small farm EQIP subprogram Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ) is amended— (1) in subsection (d)— (A) by striking paragraph (1) and inserting the following: (1) Availability; minimum amount (A) Availability A payment provided to a producer under the program shall be used to implement 1 or more practices under the program. (B) Minimum amount The amount of a payment provided to a producer under the program shall be not less than $2,500. ; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking A payment and inserting Subject to paragraph (1)(B), a payment ; and (C) by adding at the end the following: (8) Soil health management system payments (A) In general Notwithstanding paragraph (2), the Secretary shall increase the amount that would otherwise be provided for practices comprising a soil health management system on a farm by 50 percent for any application for a soil health management system on an operation of not more than 50 acres. (B) Rapid and streamlined application and contract approval The Secretary shall provide payments under this paragraph on a continuous enrollment basis, using a rapid and streamlined application and contract approval process. ; (2) in subsection (f), by adding at the end the following: (3) Small farm EQIP subprogram (A) Total funding For each of fiscal years 2024 through 2028, not less than $100,000,000 of the funds made available for payments under the program shall be used to carry out the subprogram established under subsection (k). (B) Technical and financial assistance Of the amounts made available under subparagraph (A)— (i) 35 percent shall be used to ensure the provision of tailored technical assistance for small-scale agricultural producers by— (I) hiring new Natural Resources Conservation Service staff who are familiar with the unique conservation challenges faced by small-scale agricultural producers; (II) training current Natural Resources Conservation Service field staff regarding the challenges described in subclause (I); and (III) ensuring sufficient Natural Resources Conservation Service staffing levels to deliver a streamlined and expedited application and contracting experience to small-scale agricultural producers; and (ii) 65 percent shall be used to provide financial assistance directly to small-scale agricultural producers. ; and (3) by adding at the end the following: (k) Small farm EQIP subprogram (1) In general In each State, the Secretary shall establish under the program a subprogram, under which the Secretary shall— (A) provide financial and technical assistance to small-scale agricultural producers that enter into contracts with the Secretary under the subprogram; (B) conduct outreach to small-scale agricultural producers to increase participation in the subprogram; and (C) provide to field staff of the Natural Resources Conservation Service training and education regarding the specific conservation needs of small-scale agricultural producers. (2) Payments (A) In general The Secretary shall determine whether a small-scale agricultural producer is eligible to receive payments under this subsection— (i) on a State-by-State basis, subject to subparagraph (C); (ii) in consultation with the technical committee established under section 1261(a) of the State in which the small-scale agricultural producer is located; and (iii) based on— (I) the operations of a small-scale agricultural producer, including with respect to farm size and gross sales; (II) demographic data compiled by the National Agricultural Statistics Service relating to small-scale agricultural producers, including— (aa) historically underserved farmers, ranchers, and forest owners, including— (AA) veteran farmers and ranchers; (BB) limited-resource farmers, ranchers, and forest owners; (CC) beginning farmers and ranchers; and (DD) socially disadvantaged farmers; and (bb) farmers, ranchers, and forest owners operating in high-poverty areas; (III) the applicable advanced payment requirements under subsection (d)(4); and (IV) other relevant information, as determined by the Secretary. (B) Amount The Secretary shall provide payments under this subsection to a producer that is eligible for the payments under subparagraph (A) in such amount as the Secretary determines— (i) achieves the purposes described in subparagraphs (A) and (B) of paragraph (1); (ii) addresses natural resource concerns relating to production on small-scale agricultural operations; and (iii) is in accordance with any applicable increased payment requirements under subsection (d)(4). (C) Size requirements (i) In general To be eligible to receive a payment under subparagraph (A) (other than a payment described in clause (ii)), the farm size of an agricultural producer may not exceed the median farm size of the State in which the producer is located, based on aggregate data published by the National Agricultural Statistics Service. (ii) Livestock and pasture management payments To be eligible to receive a livestock or pasture management payment under subparagraph (A), the herd size of an agricultural producer may not exceed the median herd size of the State in which the producer is located, based on aggregate data published by the National Agricultural Statistics Service. (3) Applications (A) In general To be eligible to receive financial and technical assistance under this subsection, a producer that is eligible for the assistance under paragraph (2)(A) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Administration To the maximum extent practicable, the Secretary shall limit the administrative burdens, and the regulatory barriers that contribute to administrative burdens, on producers applying for payments under this subsection. (C) Rapid and streamlined application and contract approval The Secretary shall provide payments under this paragraph on a continuous enrollment basis, using a rapid and streamlined application and contract approval process. (4) Subprogram coordinators (A) In general Subject to subparagraph (B), the Secretary shall designate— (i) a national subprogram coordinator; and (ii) a subprogram coordinator in each State. (B) Requirements At the time of designation under subparagraph (A), a national or State subprogram coordinator shall be— (i) an employee of the Natural Resources Conservation Service; and (ii) responsible for, on a national or statewide basis, respectively— (I) public outreach relating to the subprogram; (II) assisting producers in the submission of applications under the subprogram; (III) distributing financial and technical assistance under this subsection; and (IV) submitting to the Secretary annual recommendations with respect to additional conservation practice standards and activities required to better serve small-scale agricultural producers. (5) Language requirements The Secretary shall publish any outreach materials for small-scale agricultural producers relating to the subprogram under this subsection simultaneously in— (A) English; and (B) such additional languages as the Secretary determines to be appropriate for each applicable State. (6) Report Not later than May 1, 2027, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing the results of the subprogram under this subsection, including— (A) activities carried out under paragraph (3)(B) to limit administrative burdens and regulatory barriers; and (B) to the maximum extent practicable, demographic information relating to each small-scale agricultural producer participating in the subprogram, as the Secretary determines to be appropriate. .