[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5627 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5627

  To amend the Food Security Act of 1985 to improve the environmental 
          quality incentives program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2018

    Mr. Huffman (for himself, Mr. Blumenauer, Mr. Grijalva, and Ms. 
Wasserman Schultz) introduced the following bill; which was referred to 
                      the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To amend the Food Security Act of 1985 to improve the environmental 
          quality incentives 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 ``Farmers Conserving Agricultural 
Resources through EQIP Act'' or the ``Farmers CARE Act''.

SEC. 2. PURPOSES.

    Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is 
amended to read as follows:

``SEC. 1240. PURPOSES.

    ``The purpose of the environmental quality incentives program 
established by this chapter is to assist producers in implementing 
conservation systems, practices, and activities on their operations in 
order to--
            ``(1) improve water quality, with special emphasis on 
        reducing nutrient pollution and protecting sources of drinking 
        water;
            ``(2) avoid, to the maximum extent practicable, the need 
        for resource and regulatory programs by assisting producers in 
        protecting soil, water, air, and related natural resources and 
        meeting environmental quality criteria established by Federal, 
        State, tribal, and local agencies;
            ``(3) conserve ground and surface water to sustain or 
        improve in-stream flows;
            ``(4) enhance the quality of soil fertility and health;
            ``(5) control invasive species;
            ``(6) enhance critical aquatic and terrestrial wildlife 
        habitat for at-risk species;
            ``(7) reduce the amount and toxicity of pesticides and 
        other agricultural chemicals found on food and in water or the 
        air;
            ``(8) reduce the nontherapeutic use of medically important 
        antibiotics in food-producing animals in order to preserve the 
        effectiveness of antibiotics used in the treatment of human and 
        animal disease;
            ``(9) help producers adapt to climate change, increase 
        resiliency to climate change impacts, and reduce greenhouse gas 
        emissions;
            ``(10) address additional priority resource concerns, as 
        determined by the Secretary; and
            ``(11) enhance biodiversity and wildlife.''.

SEC. 3. DEFINITIONS.

    (a) Organic System Plan.--Section 1240A of the Food Security Act of 
1985 (16 U.S.C. 3839aa-1) is amended by striking paragraph (2) and 
redesignating paragraphs (3) through (5) as paragraphs (2) through (4), 
respectively.
    (b) Practice.--Section 1240A of the Food Security Act of 1985 (16 
U.S.C. 3839aa-1) is further amended in paragraph (3)(B) (as 
redesignated by subsection (a))--
            (1) in clause (i), by striking ``; and'' and inserting a 
        semicolon;
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following new clause:
                            ``(ii) comprehensive conservation planning; 
                        and''.

SEC. 4. ESTABLISHMENT AND ADMINISTRATION.

    (a) Establishment.--Section 1240B(a) of the Food Security Act of 
1985 (16 U.S.C. 3839aa-2(a)) is amended by striking ``2002 through 
2019'' and inserting ``2019 through 2023''.
    (b) Term.--Section 1240B(b)(2) of the Food Security Act of 1985 (16 
U.S.C. 3839aa-2(b)(2)(B)) is amended by striking ``10 years'' and 
inserting ``5 years''.
    (c) Priority.--Section 1240B(c) of the Food Security Act of 1985 
(16 U.S.C. 3839aa-2(c)) is amended to read as follows:
    ``(c) Priority.--If the Secretary determines that the environmental 
values of two or more applications for payments are comparable, the 
Secretary shall assign a higher priority to a program application which 
will achieve the environment and conservation values using practices 
and systems the assessed cost of which is lower.''.
    (d) Payments.--
            (1) Limitation on substantial and primary benefits.--
        Section 1240B(d) of the Food Security Act of 1985 (16 U.S.C. 
        3839aa-2(d)) is amended--
                    (A) in paragraph (2)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C)(ii), by striking 
                        the period at the end and inserting ``; or''; 
                        and
                            (iii) by adding at the end the following:
                    ``(D) 50 percent of the cost of a practice that 
                substantially benefits the producer, as determined by 
                the Secretary.''; and
                    (B) by adding at the end the following:
            ``(7) Primary benefit to producer.--A producer shall not be 
        eligible for payments for a practice on eligible land under the 
        program that primarily benefits the producer, as determined by 
        the Secretary.''.
            (2) Increased payments for certain practices.--Section 
        1240B(d)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
        2(d)(3)) is amended to read as follows:
            ``(3) Increased payments for certain practices.--The 
        Secretary shall provide supplemental payments and enhanced 
        technical assistance to producers implementing land management 
        and vegetative practices at a level that, as determined by the 
        Secretary, results in highly cost-effective treatment of 
        priority resource concerns, including--
                    ``(A) residue and tillage management;
                    ``(B) contour farming;
                    ``(C) cover cropping;
                    ``(D) integrated pest management;
                    ``(E) nutrient management;
                    ``(F) stream corridor improvement;
                    ``(G) invasive plant species control;
                    ``(H) contour buffer strips;
                    ``(I) riparian herbaceous and forest buffers;
                    ``(J) filter strips;
                    ``(K) stream habitat improvement and management;
                    ``(L) grassed waterways;
                    ``(M) wetland restoration and enhancement;
                    ``(N) pollinator habitat; or
                    ``(O) conservation crop rotation.''.
            (3) Limitation on payments for certain practices.--Section 
        1240B(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
        2(d)) is further amended by adding at the end the following new 
        paragraph:
            ``(8) Limitation on payments for certain practices.--A 
        producer who owns or operates a large confined animal feeding 
        operation (as defined by the Secretary) shall not be eligible 
        for payments under this chapter to construct an animal waste 
        management facility or any associated waste transport or 
        transfer device.''.
    (e) Allocation of Funding.--Section 1240B(f) of the Food Security 
Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended to read as follows:
    ``(f) Allocation of Funding.--
            ``(1) In general.--Of the funds made available for payments 
        for each of fiscal years 2019 through 2023--
                    ``(A) not less than 10 percent shall be targeted at 
                practices relating to improvement of fish and wildlife 
                habitat; and
                    ``(B) not less than 5 percent shall be provided to 
                producers who participate in an independent animal 
                welfare certification program.
            ``(2) Independent animal welfare certification program.--In 
        this subsection, the term `independent animal welfare 
        certification program' means an entity approved by the 
        Secretary of Agriculture that uses qualified third-party on-
        farm auditors to routinely assess a producer's 100-percent 
        compliance with specific animal welfare standards exceeding 
        industry standards (based on industry guidelines), subject to 
        the following conditions:
                    ``(A) The standards' protocols are made public.
                    ``(B) The standards include, at a minimum, 
                provisions for space allowance, environmental 
                enrichment and ability to engage in natural behaviors, 
                pain control and physical alternations, handling, and 
                responsible antibiotic use.
                    ``(C) Routine caging, crating or tethering of 
                animals is prohibited.
                    ``(D) Auditors have no vested or financial interest 
                in audit outcomes.
                    ``(E) Auditors possess a background in animal 
                welfare science or have received equivalent training, 
                and are able to recognize, review, and apply 
                established farm animal welfare standards and 
                protocols.''.
    (f) Water Conservation or Irrigation Efficiency Practice.--
            (1) Availability of payments.--Section 1240B(h)(1) of the 
        Food Security Act of 1985 (16 U.S.C. 3839aa-2(h)(1)) is amended 
        to read as follows:
            ``(1) Availability of payments.--The Secretary may provide 
        payments under this subsection to a producer for a water 
        conservation or irrigation practice that promotes ground and 
        surface water conservation on the agricultural operation of the 
        producer by--
                    ``(A) improvements to irrigation systems;
                    ``(B) enhancement of irrigation efficiencies;
                    ``(C) conversion of the agricultural operation to--
                            ``(i) the production of less water-
                        intensive agricultural commodities; or
                            ``(ii) dryland farming;
                    ``(D) improvement of the storage of water through 
                measures such as water banking and groundwater 
                recharge;
                    ``(E) enhancement of fish and wildlife habitat 
                associated with irrigation systems, including pivot 
                corners and areas with irregular boundaries;
                    ``(F) enhancement of frost protection methods to--
                            ``(i) mitigate damage to fish and wildlife 
                        habitat;
                            ``(ii) enhance water efficiency; or
                            ``(iii) promote alternative frost 
                        protection methods that do not rely on ground 
                        and surface water; and
                    ``(G) establishment of other measures, as 
                determined by the Secretary, that improve groundwater 
                and surface water conservation in agricultural 
                operations.''.
            (2) Priority.--Section 1240B(h)(2) of the Food Security Act 
        of 1985 (16 U.S.C. 3839aa-2(h)(2)) is amended--
                    (A) in subparagraph (A), by striking ``; or'' and 
                inserting ``; and''; and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) any associated water savings remain in the 
                original source of such water for the useful life of 
                the practice.''.
            (3) Duty of producers.--Section 1240B(h) of the Food 
        Security Act of 1985 (16 U.S.C. 3839aa-2(h)) is amended by 
        adding at the end the following new paragraph:
            ``(3) Duty of producers.--The Secretary may not provide 
        payments to a producer for a water conservation or irrigation 
        practice under this chapter unless 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, except where the producer is 
        participating in a watershed-wide project that will effectively 
        conserve water, as determined by the Secretary.''.
    (g) Payments for Conservation Practices Related to Organic 
Production.--
            (1) Payments authorized.--Section 1240B(i)(1) of the Food 
        Security Act of 1985 (16 U.S.C. 3839aa-2(i)(1)) is amended by 
        striking ``subsection'' and inserting ``chapter''.
            (2) Eligibility requirements.--Section 1240B(i)(2) of the 
        Food Security Act of 1985 (16 U.S.C. 3839aa-2(i)(2)) is amended 
        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.''.
            (3) Payment limitations; coordination with organic 
        certification; planning.--Section 1240B(i) of the Food Security 
        Act of 1985 (16 U.S.C. 3839aa-2(i)) is amended--
                    (A) by striking paragraph (3) and redesignating 
                paragraphs (4) and (5) as paragraphs (5) and (6), 
                respectively; and
                    (B) by inserting after paragraph (2) the following 
                new paragraphs:
            ``(3) Coordination with organic certification.--The 
        Secretary shall establish a transparent means by which 
        producers may initiate organic certification under the Organic 
        Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) while 
        participating in a contract under this chapter.
            ``(4) Planning.--
                    ``(A) In general.--The Secretary shall provide 
                planning assistance to producers transitioning to 
                certified organic production consistent with the 
                requirements of the Organic Foods Production Act of 
                1990 (7 U.S.C. 6501 et seq.) and the purposes of this 
                chapter.
                    ``(B) Avoidance of duplication.--The Secretary 
                shall, to the maximum extent practicable, eliminate 
                duplication of planning activities for a producer 
                participating in a contract under this chapter and 
                initiating or maintaining organic certification 
                consistent with the Organic Foods Production Act of 
                1990 (7 U.S.C. 6501 et seq.).''.
    (h) Payments for Conservation Practices Related to Antibiotic 
Use.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-
2) is amended by adding at the end the following new subsection:
    ``(j) Payments for Conservation Practices Related to Antibiotic 
Use.--
            ``(1) Payments authorized.--The Secretary shall provide 
        payments under this chapter to livestock producers for three 
        years, to assist in a transition to modified animal management 
        and production systems, for practices leading to the reduction 
        in the need for antibiotics, including modification of systems 
        and spaces to--
                    ``(A) improve sanitation;
                    ``(B) improve ventilation; or
                    ``(C) support the implementation of improved animal 
                management techniques at the operation.
            ``(2) Duty of producer.--The Secretary shall not make 
        payments under this chapter for practices related to antibiotic 
        use unless the producer agrees to provide information to the 
        Secretary documenting the resulting reduction in antibiotic use 
        in the operation of the producer.''.
    (i) Payments for Conservation Practices Related to Pasture-Based 
Production Systems.--Section 1240B of the Food Security Act of 1985 (16 
U.S.C. 3839aa-2), as amended by subsection (h), is further amended by 
adding at the end the following new subsection:
    ``(k) Payments for Conservation Practices Related to Pasture-Based 
Production Systems.--
            ``(1) Payments authorized.--The Secretary shall provide 
        payments under this subsection for conservation practices, on 
        some or all of the operations of a producer, related--
                    ``(A) to pasture-based livestock or poultry 
                production systems in which animals--
                            ``(i) are primarily raised on pasture, 
                        grassland, or other vegetative environments;
                            ``(ii) have the ability to exercise 
                        species-specific natural behaviors;
                            ``(iii) have access to appropriate shelter, 
                        healthy vegetation, potable water, and adequate 
                        protection from predators; and
                            ``(iv) are managed under an approved 
                        prescribed grazing plan where 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) maximize the quality of soil 
                                fertility and tilth;
                                    ``(III) improve manure distribution 
                                and nutrient cycling;
                                    ``(IV) increase the sequestration 
                                of carbon dioxide;
                                    ``(V) improve the quality and 
                                quantity of cover for wildlife and 
                                pollinators;
                                    ``(VI) provide permanent cover to 
                                protect the soil from erosion; and
                                    ``(VII) improve water quality and 
                                infiltration; or
                    ``(B) to the transition of such operation to a 
                pasture-based livestock or poultry production system.
            ``(2) Eligibility requirements.--As a condition for 
        receiving payments under this subsection, a producer shall 
        agree to implement at least 3 practices and either--
                    ``(A) develops and carries out a grazing management 
                plan that includes intensive management rotational 
                grazing; or
                    ``(B) develops and implements conservation 
                practices that are consistent with intensive rotational 
                grazing practices for pasture-based systems.
            ``(3) Payment priorities.--In determining the amount and 
        rate of payments under paragraph (2)(B), the Secretary may 
        accord great significance to practices that--
                    ``(A) improve the quality of soil fertility and 
                tilth;
                    ``(B) protect water quality;
                    ``(C) increase the sequestration of carbon dioxide;
                    ``(D) accelerate water infiltration; and
                    ``(E) expand pollinator habitat and protection.''.
    (j) Comprehensive Conservation Planning.--Section 1240B of the Food 
Security Act of 1985 (16 U.S.C. 3839aa-2), as amended by subsection 
(i), is further amended by adding at the end the following new 
subsection:
    ``(l) Comprehensive Conservation Planning.--The Secretary shall 
provide technical and financial assistance to producers under the 
program to develop a comprehensive conservation plan for the 
agricultural operation of the producer.''.

SEC. 5. EVALUATION OF APPLICATIONS.

    (a) Evaluation Criteria.--Section 1240C(a) of the Food Security Act 
of 1985 (16 U.S.C. 3839aa-3(a)) is amended by striking ``national, 
State, and local conservation priorities'' and inserting ``priority 
resource concerns identified under subsection (d)''.
    (b) Prioritization of Applications.--Section 1240C(b) of the Food 
Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is amended--
            (1) in paragraph (1), by striking ``achieving the 
        anticipated conservation benefits of the project'' and 
        inserting ``addressing priority resource concerns identified 
        under subsection (d)''; and
            (2) in paragraph (2), by striking ``designated resource 
        concern or resource concerns'' and inserting ``priority 
        resource concerns identified under subsection (d), including, 
        in the case of applications from nutrient-impacted watersheds, 
        the degree to which nutrient loadings would be reduced as a 
        result of the proposed project''.
    (c) Grouping of Applications.--Section 1240C(c) of the Food 
Security Act of 1985 (16 U.S.C. 3839aa-3(c)) is amended by striking 
``for evaluation purposes or otherwise evaluate applications relative 
to other applications for similar farming operations'' and inserting 
``proposing to address the same priority resource concerns for 
evaluation purposes''.
    (d) Priority Resource Concerns.--Section 1240C of the Food Security 
Act of 1985 (16 U.S.C. 3839aa-3) is amended by adding at the end the 
following new subsection:
    ``(d) Priority Resource Concerns.--For the purposes of this 
section, the Secretary shall, in consultation with the appropriate 
State and local governments, identify priority resource concerns in a 
particular watershed or other appropriate region or area within a 
State.''.

SEC. 6. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.

    Section 1240E(a) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-5(a)) is amended to read as follows:
    ``(a) Plan of Operations.--To be eligible to receive payments under 
the program, a producer shall submit to the Secretary for approval a 
plan of operations that--
            ``(1) specifies the priority resource concerns to be 
        addressed;
            ``(2) specifies the type, number, and sequencing of 
        conservation systems, practices, or activities to be 
        implemented to address the priority resource concerns;
            ``(3) includes such terms and conditions as the Secretary 
        considers necessary to carry out the program, including a 
        description of the purposes to be met by the implementation of 
        the plan and a statement of how the plan will achieve or take 
        significant steps toward achieving the relevant resource 
        management system quality criteria, as determined by the 
        Secretary;
            ``(4) in the case of a confined livestock feeding 
        operation, provides for development and implementation of a 
        comprehensive nutrient management plan, if applicable;
            ``(5) in the case of a producer located within a nutrient-
        impacted watershed, identifies methods by which the producer 
        will limit nutrient loss; and
            ``(6) in the case of forest land, is consistent with the 
        provisions of a forest management plan that is approved by the 
        Secretary, which may include--
                    ``(A) a forest stewardship plan described in 
                section 5 of the Cooperative Forestry Assistance Act of 
                1978 (16 U.S.C. 2103a);
                    ``(B) another practice plan approved by the State 
                forester; or
                    ``(C) another plan determined appropriate by the 
                Secretary.''.

SEC. 7. DUTIES OF THE SECRETARY.

    Section 1240F(2) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-6(2)) is amended by striking ``information'' and inserting 
``technical assistance, information,''.

SEC. 8. 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) Limitation on Total Payments.--Subject to subsection (b), a 
person or legal entity may not receive, directly or indirectly, cost-
share or incentive payments under this chapter, in the aggregate, for 
all contracts entered into under this chapter by the person or entity 
(excluding funding arrangements with Indian tribes under this chapter), 
regardless of the number of contracts entered into under this chapter 
by the person or entity, that--
            ``(1) during any fiscal year exceed $40,000; and
            ``(2) during any five-year period exceed $200,000.
    ``(b) Waiver Authority.--In the case of contracts under this 
chapter for projects of special environmental significance, as 
determined by the Secretary, the Secretary may waive the limitation 
otherwise applicable under subsection (a)(1).
    ``(c) Prevention of Duplication.--The Secretary shall not approve a 
contract or provide payments to any individual for a practice that has 
already been paid for as part of a previously approved and completed 
contract for any particular parcel of land.''.
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