II 110th CONGRESS 2d Session S. 3435 IN THE SENATE OF THE UNITED STATES August 1, 2008 Mr. Dorgan (for himself, Mr. Baucus, Mr. Tester, and Mr. Conrad) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To allow certain participants in the conservation reserve program to participate in the critical feed use program of the Secretary of Agriculture.

1.

Short title

This Act may be cited as the Critical Feed Use Fairness Act of 2008.

2.

Critical feed use program for certain conservation reserve program participants

(a)

Definitions

In this section: (1)

Conservation reserve program

The term conservation reserve program means the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). (2)

Critical feed use program

The term critical feed use program means the program described in the notice entitled “Notice of Voluntary Modification of Conservation Reserve Program Contract” (73 Fed. Reg. 31053), dated May 30, 2008. (3)

Secretary

The term Secretary means the Secretary of Agriculture. (b)

Authority

Notwithstanding any other provision of law, if an owner or operator of land enrolled in the conservation reserve program submits to the Secretary an affidavit stating that the owner or operator attempted or intended to enroll in the critical feed use program prior to July 8, 2008, the Secretary shall modify the conservation reserve program contract of the owner or operator to allow critical feed use (including haying or grazing) of the enrolled land in accordance with the terms and conditions of the critical feed use program.