[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2557 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2557

    To amend the Food Security Act of 1985 to improve conservation 
                   programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2018

   Mrs. Ernst (for herself, Mr. Brown, Mr. Grassley, and Mr. Casey) 
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 improve conservation 
                   programs, 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 ``Give Our Resources the Opportunity 
to Work Act of 2018''.

SEC. 2. CONSERVATION RESERVE PROGRAM.

    (a) Ineligible Land.--Section 1231 of the Food Security Act of 1985 
(16 U.S.C. 3831) is amended--
            (1) by redesignating subsections (c) through (i) as 
        subsections (d) through (j), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Ineligible Land.--
            ``(1) In general.--The Secretary shall not include in the 
        conservation reserve program established under this 
        subchapter--
                    ``(A) except as provided in paragraphs (2) and 
                (3)(B), prime farmland or class I, II, or III land (as 
                defined in the Soil Survey Manual of the Department of 
                Agriculture) (or successor definitions) that is--
                            ``(i) not highly erodible; and
                            ``(ii) eroding at a level that is less than 
                        the soil loss tolerance level of the land; or
                    ``(B) all of the land on a farm that is larger than 
                10 acres.
            ``(2) Exemptions.--In carrying out paragraph (1)(A), the 
        Secretary shall exempt--
                    ``(A) land that is eligible under subsection 
                (b)(3); and
                    ``(B) land that--
                            ``(i) is eligible under subsection (b)(4); 
                        and
                            ``(ii) is--
                                    ``(I) a grass sod waterway;
                                    ``(II) a contour grass sod strip;
                                    ``(III) a prairie strip;
                                    ``(IV) a filterstrip;
                                    ``(V) a riparian buffer;
                                    ``(VI) a wetland buffer;
                                    ``(VII) a saturated buffer;
                                    ``(VIII) a bioreactor; or
                                    ``(IX) a similar partial field that 
                                will improve water quality if the land 
                                is enrolled in the conservation reserve 
                                program using continuous sign-up under 
                                section 1234(d)(2)(A)(ii), as 
                                determined by the Secretary.
            ``(3) Portion of field.--
                    ``(A) In general.--Subject to subparagraph (C), in 
                the case of a field described in subparagraph (B), the 
                Secretary shall enroll only the land described in 
                clause (ii) of that subparagraph.
                    ``(B) Land described.--A field described in this 
                subparagraph is a field that contains--
                            ``(i) land that is excluded under paragraph 
                        (1)(A); and
                            ``(ii) land that is--
                                    ``(I) not excluded under paragraph 
                                (1)(A); and
                                    ``(II) eligible under subsection 
                                (b).
                    ``(C) Exception.--In the case of a field described 
                in subparagraph (B) more than 90 percent of the land of 
                which is land described in clause (ii) of that 
                subparagraph, the Secretary may enroll all of the land 
                of the field.''.
    (b) Enrollment.--Subsection (e) of section 1231 of the Food 
Security Act of 1985 (16 U.S.C. 3831) (as redesignated by subsection 
(a)) is amended--
            (1) in paragraph (1), by striking ``during--'' in the 
        matter preceding subparagraph (A) and all that follows through 
        the period at the end of subparagraph (E) and inserting ``not 
        more than 24,000,000 acres.'';
            (2) in paragraph (2)(A)--
                    (A) by striking ``limitations'' and inserting 
                ``limitation'';
                    (B) by striking ``2,000,000'' and inserting 
                ``3,000,000''; and
                    (C) by striking ``2018'' and inserting ``2023''; 
                and
            (3) by adding at the end the following:
            ``(3) Enrollment of conservation buffers to foster clean 
        lakes, estuaries, and rivers.--
                    ``(A) In general.--For purposes of applying the 
                limitation in paragraph (1), the Secretary shall give 
                priority to the enrollment in the conservation reserve 
                program under this subchapter of land that--
                            ``(i) is described in subsection 
                        (c)(2)(B)(ii); and
                            ``(ii) shall have a positive impact, as 
                        determined by the Secretary, on the water 
                        quality of--
                                    ``(I) a lake;
                                    ``(II) an estuary; or
                                    ``(III) a river.
                    ``(B) Sediment and nutrient loadings.--In carrying 
                out subparagraph (A), the Secretary shall focus on land 
                that--
                            ``(i) is located in a watershed impacted by 
                        sediment and nutrient; and
                            ``(ii) if enrolled, will reduce sediment 
                        loadings, nutrient loadings, and harmful algal 
                        blooms, as determined by the Secretary.
                    ``(C) Minimum acreage.--Of the acres enrolled in 
                the conservation reserve under paragraph (1), not less 
                than 4,000,000 acres shall be--
                            ``(i) of land described in subparagraph 
                        (A); and
                            ``(ii) newly enrolled during fiscal years 
                        2019 through 2028.''.
    (c) Payment Rates.--Section 1234 of the Food Security Act of 1985 
(16 U.S.C. 3834) is amended--
            (1) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately; and
                    (B) by inserting before subparagraph (A) (as so 
                redesignated) the following:
            ``(1) Signing and practice incentive payments.--
                    ``(A) In general.--In the case of a continuous 
                enrollment contract, the Secretary may make a signing 
                incentive payment or a practice incentive payment to an 
                owner or operator of eligible land in an amount 
                sufficient to encourage participation in the program 
                established under this subchapter.
                    ``(B) Limitation on making payments.--The Secretary 
                may only make a payment described in subparagraph (A) 
                if the national average market price received by 
                producers during the previous 12-month marketing year 
                for all covered commodities is greater than the 
                national average market price received by producers 
                during the most recent 10 marketing years for all 
                covered commodities.
            ``(2) Tree thinning and other practices.--'';
            (2) in subsection (d)--
                    (A) in paragraph (3), by adding at the end the 
                following:
                    ``(D) Priority for low cost offers.--In determining 
                the acceptability of contract offers for new general 
                enrollments, the Secretary shall--
                            ``(i) give priority to a contract offer 
                        that maximizes the conservation value of the 
                        land that is the subject of the contract offer 
                        relative to the cost of the contract; and
                            ``(ii) assign the cost value factor 
                        described in clause (i) a weight of not less 
                        than 25 percent in any ranking scheme used by 
                        the Secretary in determining the acceptability 
                        of contract offers.'';
                    (B) in paragraph (5)--
                            (i) in subparagraph (C)--
                                    (I) by striking ``The Secretary may 
                                use'' and inserting ``With respect 
                                to''; and
                                    (II) by striking ``rental rates'' 
                                and inserting the following: ``rental 
                                rates, the Secretary--
                            ``(i) shall apply the limitation described 
                        in subsection (g)(1)(A); and
                            ``(ii) may use the estimates''; and
                            (ii) by adding at the end the following:
                    ``(D) Limitation.--Subject to subsection (g), the 
                amount of an annual rental payment paid to an owner or 
                operator under this subchapter, in the case of general 
                enrollment, shall not be greater than 80 percent of the 
                applicable estimate of the county average market 
                dryland cash rental rates for cropland derived from the 
                survey conducted under subparagraph (A).''; and
            (3) in subsection (g)--
                    (A) in paragraph (1), by striking ``exceed 
                $50,000'' and inserting the following: ``exceed--
                    ``(A) $50,000; and
                    ``(B) $240 per acre.''; and
                    (B) in paragraph (2)(A), by striking ``this 
                subsection'' and inserting ``paragraph (1)''.

SEC. 3. CONSERVATION STEWARDSHIP PROGRAM.

    (a) Definitions.--Section 1238D of the Food Security Act of 1985 
(16 U.S.C. 3838d) is amended--
            (1) in paragraph (2)(B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) development of a comprehensive 
                        conservation plan, as defined in section 
                        1238G(f)(1).''; and
            (2) in paragraph (7), by striking the period at the end and 
        inserting the following: ``through the use of--
                    ``(A) quality criteria under a resource management 
                system;
                    ``(B) predictive analytics tools;
                    ``(C) data from past and current enrollment in the 
                program; and
                    ``(D) other methods that measure conservation and 
                improvement in priority resource concerns.''.
    (b) Establishment.--Section 1238E(a) of the Food Security Act of 
1985 (16 U.S.C. 3838e(a)) is amended in the matter preceding paragraph 
(1) by striking ``2018'' and inserting ``2023''.
    (c) Stewardship Contracts.--Section 1238F of the Food Security Act 
of 1985 (16 U.S.C. 3838f) is amended--
            (1) in subsection (b), by striking paragraph (1) and 
        inserting the following:
            ``(1) Ranking of applications.--
                    ``(A) In general.--In evaluating contract offers 
                submitted under subsection (a), the Secretary shall 
                rank applications based on--
                            ``(i) the natural resource conservation and 
                        environmental benefits that result from the 
                        conservation treatment on all applicable 
                        priority resource concerns at the time of 
                        submission of the application; and
                            ``(ii) the degree to which the proposed 
                        conservation activities increase natural 
                        resource conservation and environmental 
                        benefits.
                    ``(B) Additional criterion.--If 2 or more 
                applications receive the same ranking under 
                subparagraph (A), the Secretary shall rank those 
                contracts based on the extent to which the actual and 
                anticipated conservation benefits from each contract 
                are provided at the lowest cost relative to other 
                similarly beneficial contract offers.''; and
            (2) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) by inserting ``new or improved'' after 
                        ``integrate''; and
                            (ii) by inserting ``demonstrating 
                        continuous improvement during the additional 5-
                        year period,'' after ``operation,''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``to meet'' and 
                                inserting ``to plan, install, maintain, 
                                and actively manage conservation 
                                activities that allow the producer to 
                                meet or exceed''; and
                                    (II) by striking ``on the 
                                agricultural operation''; and
                            (ii) in subparagraph (B), by striking ``to 
                        exceed the stewardship threshold of'' and 
                        inserting ``to adopt or improve conservation 
                        activities, as determined by the Secretary, to 
                        achieve higher levels of performance with 
                        respect to not less than''.
    (d) Duties of the Secretary.--Section 1238G of the Food Security 
Act of 1985 (16 U.S.C. 3838g) is amended--
            (1) in subsection (c)(2), by striking ``all financial'' and 
        all that follows through the period at the end and inserting 
        the following: ``all--
                    ``(A) financial assistance, including payments made 
                under subsections (d)(2)(B), (e), and (f);
                    ``(B) technical assistance; and
                    ``(C) any other expenses associated with enrollment 
                or participation in the program.'';
            (2) in subsection (d), by adding at the end the following:
            ``(5) Payment for cover crop activities.--The amount of a 
        payment under this subsection for cover crop activities shall 
        be not less than 125 percent of the annual payment amount 
        determined by the Secretary under paragraph (2).'';
            (3) in subsection (e)--
                    (A) in the subsection heading, by inserting ``and 
                Management-Intensive Rotation Grazing'' after 
                ``Rotations'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (1) and (4) as 
                paragraphs (2) and (1), respectively;
                    (D) by moving paragraph (1) (as so redesignated) so 
                as to appear before paragraph (2) (as so redesignated);
                    (E) in paragraph (1) (as so redesignated)--
                            (i) by redesignating subparagraphs (A) 
                        through (D) and (E) as clauses (i) through (iv) 
                        and (vi), respectively, and indenting 
                        appropriately;
                            (ii) by striking the paragraph designation 
                        and all that follows through ``the term'' in 
                        the matter preceding clause (i) (as so 
                        redesignated) and inserting the following:
            ``(1) Definitions.--In this subsection:
                    ``(A) Management-intensive rotational grazing.--The 
                term `management-intensive rotational grazing' means a 
                grazing system in which animals are regularly and 
                systematically moved to fresh pasture in a manner 
                that--
                            ``(i) maximizes the quantity and quality of 
                        forage growth;
                            ``(ii) improves manure distribution and 
                        nutrient cycling;
                            ``(iii) increases carbon sequestration from 
                        greater forage harvest;
                            ``(iv) improves the quality and quantity of 
                        cover for wildlife;
                            ``(v) provides permanent cover to protect 
                        the soil from erosion; and
                            ``(vi) improves water quality.
                    ``(B) Resource-conserving crop rotation.--The 
                term''; and
                            (iii) in subparagraph (B) (as so 
                        designated)--
                                    (I) in clause (iv) (as so 
                                redesignated), by striking ``and'' at 
                                the end; and
                                    (II) by inserting after clause (iv) 
                                (as so redesignated) the following:
                            ``(v) builds soil carbon; and'';
                    (F) in paragraph (2) (as so redesignated), by 
                striking ``improve resource-conserving'' and all that 
                follows through the period at the end and inserting the 
                following: ``improve, manage, and maintain--
                    ``(A) resource-conserving crop rotations; or
                    ``(B) management-intensive rotational grazing.'';
                    (G) in paragraph (3)--
                            (i) by striking ``paragraph (1)'' and 
                        inserting ``paragraph (2)''; and
                            (ii) by striking ``and maintain'' and all 
                        that follows through the period at the end and 
                        inserting ``or improve, manage, and maintain 
                        resource-conserving crop rotations or 
                        management-intensive rotational grazing for the 
                        term of the contract.''; and
                    (H) by adding at the end the following:
            ``(4) Minimum amount of payment.--An additional payment 
        provided under paragraph (2) shall be in an amount that is not 
        less than $20 per acre.'';
            (4) by redesignating subsections (f) through (i) as 
        subsections (g) through (j), respectively;
            (5) by inserting after subsection (e) the following:
    ``(f) Payment for Comprehensive Conservation Plan.--
            ``(1) Definition of comprehensive conservation plan.--In 
        this subsection, the term `comprehensive conservation plan' 
        means a conservation plan that meets or exceeds the stewardship 
        threshold for each priority resource concern identified by the 
        Secretary under subsection (a)(2).
            ``(2) Payment for comprehensive conservation plan.--The 
        Secretary shall provide an additional annual payment to a 
        producer that develops and implements a comprehensive 
        conservation plan.
            ``(3) Amount of payment.--
                    ``(A) In general.--An additional annual payment 
                under paragraph (2) shall be in an amount not less than 
                $1,000 and not greater than $3,000 per year.
                    ``(B) Criteria.--The Secretary shall determine the 
                amount of payment under subparagraph (A) based on--
                            ``(i) the number of priority resource 
                        concerns addressed in the comprehensive 
                        conservation plan; and
                            ``(ii) the number of types of land uses 
                        included in the comprehensive conservation 
                        plan.''; and
            (6) in subsection (j) (as so redesignated), by striking 
        ``subsection (f)'' and inserting ``subsection (g)''.

SEC. 4. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

    (a) Purposes.--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, irrigation management''.
    (b) Establishment and Administration.--
            (1) In general.--Section 1240B of the Food Security Act of 
        1985 (16 U.S.C. 3839aa-2) is amended--
                    (A) by redesignating subsections (c) through (i) as 
                subsections (d) through (j), respectively;
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Program Coordination.--The Secretary shall coordinate 
management of the program and the conservation stewardship program 
under subchapter B of chapter 2 to facilitate the ability of a 
participant in the program to enroll in the conservation stewardship 
program after meeting the stewardship threshold for not less than 2 
priority resource concerns.''; and
                    (C) in paragraph (4)(B) of subsection (e) (as so 
                redesignated)--
                            (i) in clause (i)--
                                    (I) by striking ``Not more than'' 
                                and inserting ``The Secretary shall 
                                provide not less than'';
                                    (II) by striking ``may be 
                                provided''; and
                                    (III) by striking ``the purpose 
                                of'' and inserting ``all costs relating 
                                to''; and
                            (ii) in clause (ii), by striking ``90-day'' 
                        and inserting ``180-day''.
            (2) Conforming amendments.--Section 1240B of the Food 
        Security Act of 1985 (16 U.S.C. 3839aa-2) is amended--
                    (A) in paragraph (2) of subsection (g) (as so 
                redesignated), by striking ``subsection (g)'' and 
                inserting ``subsection (h)''; and
                    (B) in paragraph (2) of subsection (h) (as so 
                redesignated), by striking ``subsection (f)'' and 
                inserting ``subsection (g)''.

SEC. 5. FUNDING AND ADMINISTRATION.

    (a) Commodity Credit Corporation.--Section 1241 of the Food 
Security Act of 1985 (16 U.S.C. 3841) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``fiscal year 2019'' and inserting ``each of 
                fiscal years 2019 through 2023''; and
                    (B) in paragraph (5), by striking ``practicable--'' 
                in the matter preceding subparagraph (A) and all that 
                follows through the period at the end of subparagraph 
                (E) and inserting ``practicable, $1,750,000,000 for 
                each of fiscal years 2019 through 2023, of which not 
                less than $500,000,000 for each fiscal year shall be 
                for management activities that assist producers that 
                protect sources of drinking water.'';
            (2) in subsection (b), by striking ``fiscal year 2019'' and 
        inserting ``each of fiscal years 2019 through 2023''; and
            (3) in subsection (h)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``2018'' and inserting ``2023''; and
                    (B) by striking ``5 percent'' each place it appears 
                and inserting ``15 percent''.
    (b) Acreage Limitations.--Section 1244(f)(1) of the Food Security 
Act of 1985 (16 U.S.C. 3844(f)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) in the subparagraph heading, by inserting 
                ``Conservation reserve program'' before 
                ``Enrollments'';
                    (B) by striking ``25'' and inserting ``15''; and
                    (C) by striking ``and wetland reserve easements 
                under section 1265C'' and inserting ``, except that any 
                land included in that program in a county greater than 
                15 percent of the cropland of which is included in that 
                program on the day before the date of enactment of the 
                Give Our Resources the Opportunity to Work Act of 2018 
                may continue to be so included until the date on which 
                the contract covering the land expires.''; and
            (2) in subparagraph (B), by striking ``10'' and inserting 
        ``15''.

SEC. 6. REPORT ON LAND ACCESS, TENURE, AND TRANSITION.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Agriculture, in consultation with the Chief Economist, 
shall submit to Congress and make publicly available a report 
identifying--
            (1) the barriers that prevent or hinder the ability of 
        beginning farmers and ranchers and historically underserved 
        producers to acquire or access farmland;
            (2) the extent to which Federal programs, including 
        agricultural conservation easement programs, land transition 
        programs, and financing programs, are improving--
                    (A) farmland access and tenure for beginning 
                farmers and ranchers and historically underserved 
                producers; and
                    (B) farmland transition and succession; and
            (3) the regulatory, operational, or statutory changes that 
        are necessary to improve--
                    (A) the ability of beginning farmers and ranchers 
                and historically underserved producers to acquire or 
                access farmland;
                    (B) farmland tenure for beginning farmers and 
                ranchers and historically underserved producers; and
                    (C) farmland transition and succession.
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