[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1224 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1224

   To amend the Food Security Act of 1985 to modify the conservation 
                      reserve enhancement program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2023

Mr. Bennet (for himself, Mr. Marshall, Mr. Moran, and Mr. Hickenlooper) 
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 modify the conservation 
                      reserve enhancement program.

    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 Enhancement 
Program Improvement Act of 2023''.

SEC. 2. CONSERVATION RESERVE ENHANCEMENT PROGRAM.

    (a) In General.--Section 1231A of the Food Security Act of 1985 (16 
U.S.C. 3831a) is amended--
            (1) in subsection (a)(4), in the matter preceding 
        subparagraph (A), by inserting ``(other than an agreement 
        described in subsection (e))'' after ``this subchapter'';
            (2) in subsection (b)(2)(A)(vi), by inserting ``or other 
        appropriate practices, such as dryland agricultural uses and 
        grazing,'' after ``conservation practices'';
            (3) in subsection (c), by adding at the end the following:
            ``(5) Variable allocation.--An owner or operator may elect 
        to determine the amounts of annual payments under this section 
        allocated to each year of the agreement under subsection 
        (b)(1).
            ``(6) Drought and water conservation agreements.--
                    ``(A) Retirement of water rights.--In the case of 
                an agreement described in subsection (e) that includes 
                a permanent retirement of water rights, the payment 
                rates for annual payments shall be equal to the 
                irrigated acre payment rates determined by the 
                Secretary.
                    ``(B) Dryland agricultural uses.--
                            ``(i) In general.--In the case of an 
                        agreement described in subsection (e) that 
                        permits dryland agricultural uses pursuant to 
                        paragraph (2) of that subsection, the payment 
                        rates for annual payments shall be equal to the 
                        difference between--
                                    ``(I) the irrigated acre payment 
                                rates determined by the Secretary; and
                                    ``(II) the dryland acre payment 
                                rates determined by the Secretary.
                            ``(ii) Retroactive application.--In the 
                        case of an agreement covered by clause (i) 
                        entered into before the date of enactment of 
                        this paragraph under which the payment rate is 
                        lower than the payment rate that would be 
                        calculated for the agreement under that clause, 
                        the Secretary shall modify the agreement by 
                        calculating the payment rate in accordance with 
                        that clause.''; and
            (4) in subsection (e)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may--'' and inserting ``shall--'';
                    (B) in paragraph (1), by inserting ``(including 
                agricultural land on which a continuous crop or crop 
                rotation is maintained)'' after ``agricultural land'';
                    (C) in paragraph (2), by striking ``with the 
                adoption of best management practices on'' and 
                inserting ``in accordance with a conservation plan 
                adopted with respect to''; and
                    (D) in paragraph (3), by inserting ``subject to 
                subsection (c)(6),'' before ``calculate''.
    (b) Exemption From Payment Limitation.--Section 1234(g) of the Food 
Security Act of 1985 (16 U.S.C. 3834(g)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following:
            ``(3) Conservation reserve enhancement program.--Paragraph 
        (1) shall not apply to rental payments received under 
        agreements entered into under section 1231A.''.
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