[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8270 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8270

 To amend the Food Security Act of 1985 to modernize the conservation 
                reserve program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2024

 Mr. Finstad introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To amend the Food Security Act of 1985 to modernize the conservation 
                reserve 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 ``Conservation Reserve Program 
Modernization Act''.

SEC. 2. DEFINITIONS.

    Subchapter B of chapter 1 of title XII of the Food Security Act of 
1985 (16 U.S.C. 3831 et seq.) is amended by inserting before section 
1231 the following:

``SEC. 1230. DEFINITIONS.

    ``In this subchapter:
            ``(1) Conservation buffer.--The term `conservation buffer' 
        means a practice that, once established, provides a benefit to 
        water quality or another resource concern, including--
                    ``(A) a grass sod waterway;
                    ``(B) a contour grass sod strip;
                    ``(C) a prairie strip;
                    ``(D) a filterstrip;
                    ``(E) a field border;
                    ``(F) a living snow fence;
                    ``(G) a riparian buffer;
                    ``(H) a shelterbelt or windbreak;
                    ``(I) a wetland or a wetland buffer (including a 
                buffer for prairie potholes, a playa, or a pocosin);
                    ``(J) a saturated buffer;
                    ``(K) a bioreactor;
                    ``(L) a wellhead protection area; and
                    ``(M) other similar practices, as determined by the 
                Secretary.
            ``(2) Eligible land.--The term `eligible land' means land 
        that is authorized to be included in the conservation reserve 
        program under section 1231(b).
            ``(3) Eligible partner.--The term `eligible partner' 
        means--
                    ``(A) a State;
                    ``(B) a political subdivision of a State;
                    ``(C) an Indian Tribe; or
                    ``(D) a nongovernmental organization.
            ``(4) Land capability class.--The term `land capability 
        class' means a soil classification assigned using the land 
        capability classification system in effect on December 23, 
        1985.''.

SEC. 3. ELIGIBLE LAND.

    Section 1231(b) of the Food Security Act of 1985 (16 U.S.C. 
3831(b)) is amended to read as follows:
    ``(b) Eligible Land.--The Secretary may include in the conservation 
reserve program the following:
            ``(1) Cropland that--
                    ``(A)(i) on a field level, consists of not less 
                than 85 percent soils with a dryland cropland land 
                capability class of III through VII; or
                    ``(ii) cannot be farmed in accordance with a plan 
                that complies with the requirements of subtitle B; and
                    ``(B) the Secretary determines had a cropping 
                history or was considered to be planted for not fewer 
                than 4 of the 6 years preceding the date of enactment 
                of the Conservation Reserve Program Modernization Act.
            ``(2) Cropland (including prairie potholes, playas, and 
        pocosins within cropland), grasslands, and marginal pasture 
        land (including marginal pastureland converted to wetland or 
        established as wildlife habitat) to be--
                    ``(A) devoted to conservation buffers;
                    ``(B) established to ecologically appropriate 
                vegetation, including trees, in or near riparian areas, 
                intermittent, seasonal, or perennial streams, wetlands 
                (including prairie potholes, playas, and pocosins), or 
                saline-impaired soils; or
                    ``(C) devoted to similar water quality or wildlife 
                habitat practices.
            ``(3) Grasslands that--
                    ``(A) contain forbs or shrubland (including 
                improved rangeland and pastureland) for which grazing 
                is the predominant use;
                    ``(B) are located in an area historically dominated 
                by grasslands; and
                    ``(C) could provide habitat for animal and plant 
                populations of significant ecological value if the land 
                is retained in its current use or restored to a natural 
                condition.
            ``(4) Land described in paragraph (1), (2), or (3) that 
        will address significant water quality, water conservation, and 
        wildlife habitat concerns, as proposed by an eligible partner 
        and agreed to by the Secretary for purposes of section 1231A.
            ``(5) The portion of land in a field not enrolled in the 
        conservation reserve in a case in which--
                    ``(A) more than 50 percent of the land in the field 
                is enrolled as a buffer or filterstrip, or more than 75 
                percent of the land in the field is enrolled as a 
                conservation practice other than as a buffer or 
                filterstrip; and
                    ``(B) the Secretary determines that the remainder 
                of the field is infeasible to farm.''.

SEC. 4. MULTIPLE ENROLLMENTS.

    Section 1234(d)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 
3834(d)(2)(B)) is amended to read as follows:
                    ``(B) Multiple enrollments.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), if land subject to a contract 
                        entered into under this subchapter is 
                        reenrolled pursuant to section 1231(g), the 
                        annual rental payment shall be in an amount 
                        that is not more than the applicable percentage 
                        of the relevant county average soil rental rate 
                        for the year in which the reenrollment occurs 
                        (as determined under paragraph (4)(E)).
                            ``(ii) Applicable percentage.--For purposes 
                        of clause (i), the applicable percentage shall 
                        be--
                                    ``(I) for the first reenrollment 
                                that occurs after the date of 
                                enactment, 85 percent; and
                                    ``(II) for each subsequent 
                                re1enrollment, the percentage that is 
                                10 percentage points less than the 
                                percentage that was applicable to the 
                                preceding reenrollment.''.

SEC. 5. RENTAL RATES.

    Section 1234(d)(4)(E) of the Food Security Act of 1985 (16 U.S.C. 
3834(d)(4)(E)) is amended to read as follows:
                    ``(E) Rental rate limitation.--The county average 
                soil rental rate (before any adjustments relating to 
                specific practices, wellhead protection, or soil 
                productivity) shall not exceed--
                            ``(i) for eligible land consisting of soils 
                        with a dryland cropland land capability class 
                        of I or II that is enrolled under the general 
                        enrollment option or the conservation reserve 
                        enhancement program, 85 percent of the 
                        estimated rental rate determined under this 
                        paragraph;
                            ``(ii) for eligible land consisting of 
                        soils with a dryland cropland land capability 
                        class of III that is enrolled under the general 
                        enrollment option or the conservation reserve 
                        enhancement program, 100 percent of the 
                        estimated rental rate determined under this 
                        paragraph;
                            ``(iii) for eligible land consisting of 
                        soils with a dryland cropland land capability 
                        class of IV through VII that is enrolled under 
                        the general enrollment option or the 
                        conservation reserve enhancement program, 115 
                        percent of the estimated rental rate determined 
                        under this paragraph; and
                            ``(iv) for eligible land enrolled under the 
                        continuous enrollment option, 100 percent of 
                        the estimated rental rate determined under this 
                        paragraph, without regard to the land 
                        capability class of the soil.''.

SEC. 6. COST-SHARING PAYMENTS.

    Section 1234(b)(1) of the Food Security Act of 1985 (16 U.S.C. 
3834(b)(1)) is amended to read as follows:
            ``(1) In general.--In making cost-sharing payments to an 
        owner or operator under a contract entered into under this 
        subchapter, the Secretary shall pay 50 percent of the cost of, 
        as the Secretary determines appropriate and in the public 
        interest--
                    ``(A) establishing permanent vegetation, including 
                site preparation, cover, fertilizer, seeding, and 
                planting;
                    ``(B) carrying out erosion control practices 
                necessary to stabilize the site for vegetation 
                established under subparagraph (A);
                    ``(C) installing fencing to protect riparian areas 
                and buffers;
                    ``(D) carrying out water development practices 
                associated with excluding livestock from protected 
                riparian areas;
                    ``(E) installing fencing and carrying out water 
                development practices to facilitate transition to 
                livestock grazing on lands enrolled under the 
                grasslands enrollment option;
                    ``(F) conducting the necessary and appropriate mid-
                contract management activities to maintain the 
                permanent cover and associated benefits; and
                    ``(G) carrying out other water quality conservation 
                measures and practices.''.
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