[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5188 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5188
To amend the Food Security Act of 1985 with respect to land
stewardship, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2018
Mr. Walz introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 with respect to land
stewardship, 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 ``Strengthening Our Investment in Land
Stewardship Act'' or the ``SOIL Stewardship Act''.
SEC. 2. COMMON PROVISIONS AND PROGRAM COORDINATION.
Subchapter A of chapter 2 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.) is amended to read as
follows:
``Subchapter A--Common Provisions and Program Coordination
``SEC. 1238. COMMON PROVISIONS AND PROGRAM COORDINATION.
``(a) Common Provisions.--
``(1) Streamlining and coordination.--To the maximum extent
feasible, the Secretary shall provide for streamlined and
coordinated procedures for the conservation stewardship program
and the environmental quality incentives program, including
applications, contracting, conservation planning, conservation
practices, and related administrative procedures.
``(2) Soil health.--To the maximum extent feasible, the
Secretary shall manage the conservation stewardship program and
the environmental quality incentives program to enhance soil
health and build soil carbon.
``(3) Wildlife habitat.--To the maximum extent feasible,
the Secretary shall allocate at least 10 percent of funding for
the conservation stewardship program and environmental quality
incentives program to support conservation activities
benefitting wildlife habitat.
``(4) Organic systems.--
``(A) In general.--The Secretary shall provide for
a funding allocation for both the conservation
stewardship program and the environmental quality
incentives program to support organic production and
transition to organic production.
``(B) Considerations.--In determining the funding
allocation described in paragraph (A), the Secretary
shall take into consideration each State's certified
organic acres and transitioning organic acres and the
State trend line for each.
``(5) Balance.--To the maximum extent feasible, the
Secretary shall provide balanced treatment for crop and
livestock production systems in the allocation of contracts for
the conservation stewardship program and the environmental
quality incentives program.
``(6) Active engagement.--The Secretary shall promulgate
regulations that require participants in the conservation
stewardship program and the environmental quality incentives
program to be actively engaged in farming or ranching.
``(b) Program Coordination.--The Secretary shall coordinate
management of the conservation stewardship program and environmental
quality incentives program in a manner to facilitate the opportunity
for a participant enrolled in the environmental quality incentives
program but not yet qualified to enroll in the conservation stewardship
program to subsequently enroll in the conservation stewardship program
once they have met the stewardship threshold for at least two priority
resource concerns.
``SEC. 1239. DEFINITIONS.
``For purposes of the conservation stewardship program subchapter B
of chapter 2 and the environmental quality incentives program under
chapter 4:
``(1) Agricultural operation.--The term `agricultural
operation' means all eligible land, whether or not it is
contiguous, that is--
``(A) under the effective control of a producer at
the time the producer enters into a contract under the
program; and
``(B) operated with equipment, labor, management,
and production or cultivation practices that are
substantially separate from other agricultural
operations, as determined by the Secretary.
``(2) Comprehensive conservation plan.--The term
`comprehensive conservation plan' means a plan that--
``(A) identifies resources of concern, inventories
resources, and establishes benchmark data and
stewardship objectives;
``(B) formulates and evaluates alternative
approaches to meeting stewardship objectives for all
resources of concern;
``(C) selects among the alternatives and details
the particular conservation systems, practices,
activities, and management measures to be implemented,
maintained, or improved that will enable the producer
to meet stewardship objectives for all resources of
concern;
``(D) contains a schedule for the planning,
installing, maintaining, improving, and managing the
selected conservation systems, practices, activities,
and management measures; and
``(E) contains a description and schedule for on-
farm activities to assess and evaluate the conservation
systems, practices, activities, and management measures
described in the comprehensive conservation plan.
``(3) Conservation activities.--
``(A) In general.--The term `conservation
activities' means conservation practices, enhancements,
bundles, and plans.
``(B) Inclusions.--The term `conservation
activities' includes--
``(i) structural measures, vegetative
measures, and land management measures, as
determined by the Secretary;
``(ii) planning needed to address a
priority resource concern; and
``(iii) development of a comprehensive
conservation plan.
``(4) Eligible land.--
``(A) In general.--The term `eligible land' means--
``(i) private or tribal land on which
agricultural commodities, livestock, or forest-
related products are produced; and
``(ii) lands associated with the land
described in clause (i) on which priority
resource concerns could be addressed through a
contract under the program.
``(B) Inclusions.--The term `eligible land'
includes--
``(i) cropland;
``(ii) grassland;
``(iii) rangeland;
``(iv) pasture land;
``(v) nonindustrial private forest land;
and
``(vi) other land in agricultural areas
(including cropped woodland, marshes, and
agricultural land used or capable of being used
for the production of livestock), on which
resource concerns related to agricultural
production could be addressed through a
contract under the program, as determined by
the Secretary.
``(5) Priority resource concern.--The term `priority
resource concern' means a natural resource concern or problem,
as determined by the Secretary, that--
``(A) is identified at the national, State, or
local level as a priority for a particular area of a
State;
``(B) represents a significant concern in a State
or region; and
``(C) is likely to be addressed successfully
through the implementation of conservation activities
under this program.
``(6) Stewardship threshold.--The term `stewardship
threshold' means the level of management required, as
determined by the Secretary, to conserve and improve the
quality and condition of a priority resource concern using--
``(A) the resource management system quality
criteria;
``(B) predictive tools;
``(C) data from past and current program
enrollments; and
``(D) other similar means to measure conservation
and improvement of the priority resource concern.''.
SEC. 3. CSP DEFINITIONS.
Section 1238D of the Food Security Act of 1985 (16 U.S.C. 3838d) is
amended to read as follows:
``SEC. 1238D. DEFINITIONS.
``In this subchapter:
``(1) Conservation stewardship plan.--The term
`conservation stewardship plan' means a plan that--
``(A) identifies and inventories priority resource
concerns;
``(B) establishes benchmark data and conservation
objectives;
``(C) describes conservation activities to be
implemented, managed, or improved; and
``(D) includes a schedule and evaluation plan for
the planning and installation of new conservation
activities and the active management of new and
existing conservation activities.
``(2) Program.--The term `program' means the conservation
stewardship program established by this subchapter.''.
SEC. 4. CONSERVATION STEWARDSHIP PROGRAM.
Section 1238E of the Food Security Act of 1985 (16 U.S.C. 3838e) is
amended--
(1) in subsection (a), by striking ``2018'' and inserting
``2023''; and
(2) in subsection (b)(2), by striking ``the Agricultural
Act of 2014'' and inserting ``the SOIL Stewardship Act''.
SEC. 5. STEWARDSHIP CONTRACTS.
Section 1238F of the Food Security Act of 1985 (16 U.S.C. 3838f) is
amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) Ranking of applications.--
``(A) In general.--In evaluating contract offers
submitted under subsection (a), the Secretary shall
rank applications based on--
``(i) the level of natural resource and
environmental benefits resulting from existing
conservation treatment on all applicable
priority resource concerns at the time of
application; and
``(ii) the degree to which the proposed
conservation activities effectively increase
natural resource and environmental benefits.
``(B) Tie breaker.--In the event of a tie in
ranking scores between two or more applications, the
Secretary shall rank applications based on the extent
to which the actual and anticipated conservation
natural resource and environmental benefits from the
contract are provided at the least cost relative to
other similarly beneficial contract offers.''; and
(2) in subsection (d)--
(A) in paragraph (4), by adding at the end the
following:
``(C) New acreage.--If, after entering into a
contract, a producer adds new acreage to the
agricultural operation, the producer may elect to add
the acreage to the stewardship contract during the term
of the current stewardship contract, if the Secretary
determines the additional acreage and conservation
treatment of those acres increases the natural resource
and environmental benefits of the contract.''; and
(B) by amending paragraph (6) to read as follows:
``(6) Contract renewal.--At the end of each 5-year contract
period, the Secretary may allow the producer to renew the
contract for additional 5-year periods if the producer--
``(A) demonstrates compliance with the terms of the
previous contract;
``(B) agrees to adopt new or improved conservation
activities across the entire agricultural operation,
demonstrating continual improvement, as determined by
the Secretary; and
``(C) agrees, by the end of the contract period--
``(i) to plan, install, maintain, and
actively manage such conservation activities
that allow the producer to meet or exceed the
stewardship threshold of at least 2 additional
priority resource concerns; or
``(ii) to adopt or improve such
conservation activities as the Secretary
determines to be necessary to achieve higher
levels of performance with respect to at least
2 existing priority resource concerns specified
by the Secretary in the initial contract.''.
SEC. 6. DUTIES OF THE SECRETARY.
Section 1238G of the Food Security Act of 1985 (16 U.S.C. 3838g) is
amended--
(1) in subsection (a)(2), by striking ``not less than 5'';
(2) in subsection (c)(2)--
(A) by striking ``$18'' and inserting ``$23''; and
(B) by inserting ``, including supplemental
payments under subsection (e), payments for cover crop
activities under subsection (d), and payments for
comprehensive conservation planning under subsection
(f)'' after ``financial assistance'';
(3) in subsection (d)--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``, to the maximum extent
practicable,'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Payments for cover crop activities.--Any annual
payment provided by the Secretary under this subchapter that is
for a cover crop activity, as determined by the Secretary,
shall be in an amount that is at least 125 percent of the
amount that would have been paid under paragraph (2).
``(4) Minimum payment.--A payment to a producer under this
subsection shall not be less than $1,500 per year.''; and
(D) in paragraph (5), as redesignated by
subparagraph (B), by amending subparagraph (A) to read
as follows:
``(A) calculate and provide payments for existing
activities, additional activities, and supplemental
payments, as described under subsection (e);'';
(4) by amending subsection (e) to read as follows:
``(e) Supplemental Payments for Resource-Conserving Crop Rotations,
and Managed Intensive Rotational Grazing.--
``(1) Availability of payments.--The Secretary shall
provide additional payments to producers that, in participating
in the program, agree to adopt, manage, and maintain, or
improve, manage, and maintain--
``(A) resource-conserving crop rotations; or
``(B) managed intensive rotational grazing.
``(2) Eligibility.--To be eligible to receive a payment
described in paragraph (1), a producer shall agree to adopt,
manage, and maintain or improve, maintain, and manage,
resource-conserving crop rotations, or managed intensive
rotational grazing for the term of the contract.
``(3) Minimum payment.--Supplemental payments shall not be
less than $20 per acre.
``(4) Definitions.--In this subsection:
``(A) Managed intensive rotational grazing.--The
term `managed intensive rotational grazing' means a
grazing system in which animals are regularly and
systematically moved to fresh pasture in such a way as
to--
``(i) maximize the quantity and quality of
forage growth;
``(ii) improve manure distribution and
nutrient cycling;
``(iii) increase carbon sequestration from
greater forage harvest;
``(iv) improve the quality and quantity of
cover for wildlife;
``(v) provide permanent cover to protect
the soil from erosion; and
``(vi) improve water quality.
``(B) Resource-conserving crop rotation.--The term
`resource-conserving crop rotation' means a crop
rotation that--
``(i) includes at least 1 resource-
conserving crop (as defined by the Secretary);
``(ii) reduces erosion;
``(iii) improves soil fertility and tilt;
``(iv) interrupts pest cycles;
``(v) builds soil carbon; and
``(vi) in applicable areas, reduces
depletion of soil moisture or otherwise reduces
the need for irrigation.'';
(5) by redesignating subsections (f), (g), (h), and (i) as
subsections (g), (h), (i), and (j), respectively;
(6) by inserting after subsection (e) the following:
``(f) Payment for Comprehensive Conservation Planning.--In the case
of a producer who develops and implements a comprehensive conservation
plan to address all priority resource concerns in a manner that meets
or exceeds the stewardship thresholds, a payment for planning shall be
between $1,000 and $3,000 per year. The payment shall be set on a
sliding scale, determined by the following factors:
``(1) The number of resource concerns addressed in the
comprehensive conservation plan.
``(2) The number of eligible land use types included in the
operation.'';
(7) in subsection (g), as redesignated by paragraph (5)--
(A) by inserting ``, including joint operations,''
after ``legal entity'';
(B) by striking ``in the aggregate'' and inserting
``when combined with payments for management practices
under the environmental quality incentives program'';
and
(C) by striking ``2018'' and inserting ``2023'';
(8) by amending subsection (i), as redesignated by
paragraph (5), to read as follows:
``(i) Organic Certification.--
``(1) Coordination.--The Secretary shall establish a
coordinated, user-friendly, and transparent means by which
producers may initiate or maintain organic certification under
the Organic Foods Production Act of 1900 (7 U.S.C. 6501 et
seq.) while participating in a contract under the program.
``(2) Transition.--The Secretary shall establish suites of
organic transition conservation activities to be available
through the program.''; and
(9) in subsection (j), as redesignated by paragraph (5)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following:
``(1) require participants in the program to be actively
engaged in farming or ranching;''; and
(C) in paragraph (2), as redesignated by
subparagraph (A), by striking ``subsection (f)'' and
inserting ``subsection (g)''.
SEC. 7. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Section 1240(4) of the Food Security Act of 1985 (16 U.S.C.
3839aa(4)) is amended by striking ``livestock, pest or irrigation
management'' and inserting ``crops and livestock, pest management, or
irrigation management''.
SEC. 8. EQIP DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1)
is amended to read as follows:
``SEC. 1240A. DEFINITIONS.
``In this chapter:
``(1) Payment.--The term `payment' means financial
assistance provided to the producer for performing practices
under this chapter, including compensation for--
``(A) incurred costs associated with planning,
design, materials, equipment, installation, labor,
management, maintenance, or training;
``(B) income forgone by the producer; and
``(C) expected conservation benefit.
``(2) Management practice.--The term `practice' means one
or more conservation activities that are consistent with the
purposes of the program under this chapter as determined by the
Secretary, including--
``(A) improvements to eligible land of the
producer, including--
``(i) land management practices;
``(ii) vegetative practices;
``(iii) forest management; and
``(iv) other practices that the Secretary
determines would further the purposes of the
program; and
``(B) the development of plans appropriate for the
eligible land of the producer, including--
``(i) comprehensive nutrient management
planning;
``(ii) comprehensive conservation planning;
and
``(iii) other plans that the Secretary
determines would further the purposes of the
program under this chapter.
``(3) Development practice.--The term `development
practice' means the construction or installation of structures,
facilities, equipment, or other related activities that are
consistent with the purposes of the program under this chapter,
as determined by the Secretary.
``(4) Program.--The term `program' means the environmental
quality incentives program established by this chapter.''.
SEC. 9. ESTABLISHMENT AND ADMINISTRATION.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2)
is amended--
(1) in subsection (a), by striking ``2019'' and inserting
``2023'';
(2) in subsection (b)(2), by striking ``10 years'' and
inserting ``5 years'';
(3) in subsection (d)--
(A) in paragraph (2), by amending subparagraph (A)
to read as follows:
``(A)(i) for practices that are not development
practices, 75 percent of the costs associated with
planning, design, materials, equipment, installation,
labor, management, maintenance, or training; or
``(ii) for development practices, except as
provided in subsection (h)(3), 50 percent of the costs
associated with planning, design, materials,
installation, management, maintenance, or training;'';
and
(B) in paragraph (4)--
(i) by amending subparagraph (A) to read as
follows:
``(A)(i) for practices that are not development
practices, to not more than 90 percent of the costs
associated with planning, design, materials, equipment,
installation, labor, management, maintenance, or
training; or
``(ii) for development practices, to not more than
75 percent of the costs associated with the planning,
design, materials, equipment, installation, labor
management, maintenance, or training;''; and
(ii) in subparagraph (B)(i), by striking
``may be provided'' and inserting ``shall be
provided''; and
(4) in subsection (h)--
(A) in paragraph (1), by striking ``water
conservation or irrigation practice'' and inserting
``water-conserving irrigation practice''; and
(B) by amending paragraph (2) to read as follows:
``(2) Priority.--In providing payments to a producer for a
development practice that is a water conservation or irrigation
practice, the Secretary shall give priority to applications in
which--
``(A) consistent with the law of the State in which
the eligible land of the producer is located, the
producer agrees to reduce water use in its operations;
or
``(B) the producer agrees not to use any associated
water savings to bring new land, other than incidental
land needed for efficient operations, under irrigated
production, unless the producer is participating in a
watershed-wide project that will effectively conserve
water, as determined by the Secretary.
``(3) Payment rate.--Applications given priority under
paragraph (2) shall be subject to the payment rate described in
paragraph (2)(A)(i).''; and
(5) in subsection (i)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligibility requirements.--As a condition for
receiving payments under this subsection, a producer shall
agree to develop and implement conservation practices for
certified organic production that are consistent with the
regulations promulgated under the Organic Foods Production Act
of 1990 (7 U.S.C. 6501 et seq.) and the purposes of this
chapter.''; and
(B) by striking paragraph (3) and redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively.
SEC. 10. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended to read as follows:
``SEC. 1240G. LIMITATION ON PAYMENTS.
``(a) Total Payments.--A person or legal entity may not receive,
directly or indirectly, payments under this chapter and chapter 2 that,
in the aggregate, exceed $450,000 for all contracts entered into under
this chapter and chapter 2 by the person or entity during the period of
fiscal years 2019 through 2023, regardless of the number of contracts
entered into under this chapter by the person or entity.
``(b) Management Payments.--A person or legal entity may not
receive, directly or indirectly, payments under the management
component of this chapter and chapter 2 that, in aggregate, exceed
$200,000 for all contracts entered into under the management component
of this chapter and chapter 2 by the person or entity during the period
of fiscal years 2019 through 2023, regardless of the number of
contracts entered into under this chapter by the person or entity.''.
SEC. 11. COMMODITY CREDIT CORPORATION.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended--
(1) in subsection (a)(5), by striking ``practicable--'' and
inserting ``practicable, $1,750,000,000 for each fiscal year
through fiscal year 2023, including not less than $500,000,000
each fiscal year for management activities that assist
producers protecting sources of drinking water.''
(2) in subsection (h)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``2009 through 2018'' and
inserting ``2019 through 2023'';
(ii) in subparagraph (A), by striking ``5
percent'' and inserting ``15 percent''; and
(iii) in subparagraph (B), by striking ``5
percent'' and inserting ``15 percent'';
(B) by redesignating paragraphs (2), (3), and (4),
as paragraphs (4), (5), and (6), respectively;
(C) after paragraph (1), by inserting the
following:
``(2) Wildlife.--Of the funds made available for each of
fiscal years 2019 through 2023 to carry out the environmental
quality incentives program and the acres made available for
each of such fiscal years to carry out the conservation
stewardship program, the Secretary shall use at least 10
percent for conservation activities that support the
restoration, development, protection, and improvement of
wildlife habitat on eligible land, including--
``(A) upland wildlife habitat;
``(B) wetland wildlife habitat;
``(C) habitat for threatened and endangered
species;
``(D) fish habitat;
``(E) wildlife habitat on pivot corners and other
irregular areas of a field; and
``(F) other types of wildlife habitat, as
determined by the Secretary.
``(3) Organic.--Of the funds made available for each of
fiscal years 2019 through 2023 to carry out the environmental
quality incentives program and the acres made available for
each of such fiscal years to carry out the conservation
stewardship program, the Secretary shall allocate funding to
the States to support organic production and the transition to
organic production, to be determined by each State's--
``(A) certified and transitioning organic
operations;
``(B) organic acreage; and
``(C) 2016 organic and transitioning participation
within the environmental quality incentives program.'';
(D) in paragraph (4) (as redesignated by
subparagraph (B)), by striking ``paragraph (1)'' and
inserting ``paragraphs (1), (2), and (3)''; and
(E) in paragraph (5) (as redesignated by
subparagraph (B)), by striking ``paragraph (1)'' and
inserting ``paragraphs (1), (2), and (3)''.
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