[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5188 Introduced in House (IH)]

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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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