[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2710 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2710

 To provide for the conservation of the Chesapeake Bay, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

Mr. Cardin (for himself, Mr. Casey, Mr. Van Hollen, Mr. Warner, and Mr. 
Kaine) introduced the following bill; which was read twice and referred 
        to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To provide for the conservation of the Chesapeake Bay, 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 ``Chesapeake Bay Conservation 
Acceleration Act of 2023''.

SEC. 2. CHESAPEAKE BAY STATES' PARTNERSHIP INITIATIVE.

    Chapter 5 of subtitle D of title XII of the Food Security Act of 
1985 is amended by inserting after section 1240O (16 U.S.C. 3939bb-2) 
the following:

``SEC. 1240Q. CHESAPEAKE BAY STATES' PARTNERSHIP INITIATIVE.

    ``(a) Definition of Chesapeake Bay Watershed.--In this section, the 
term `Chesapeake Bay watershed' means--
            ``(1) the Chesapeake Bay;
            ``(2) the portions of the States of Delaware, Maryland, New 
        York, Pennsylvania, Virginia, and West Virginia that contain 
        the tributaries, backwaters, and side channels, including their 
        watersheds, that drain into the Chesapeake Bay; and
            ``(3) the District of Columbia.
    ``(b) Establishment and Purpose.--The Secretary shall carry out a 
Chesapeake Bay States' Partnership Initiative (referred to in this 
section as the `Initiative') to assist producers in implementing 
conservation activities on agricultural lands in the Chesapeake Bay 
watershed for the purposes of--
            ``(1) improving water quality and quantity in the 
        Chesapeake Bay watershed;
            ``(2) restoring, enhancing, and preserving soil, air, and 
        related resources in the Chesapeake Bay watershed; and
            ``(3) increasing the resilience of agricultural production 
        in the Chesapeake Bay watershed to withstand the impacts of 
        climate change.
    ``(c) Conservation Activities.--The Secretary shall deliver the 
funds made available to carry out this section through applicable 
programs under this subtitle, including by providing enrollment 
opportunities that are targeted to the Chesapeake Bay watershed, to 
assist producers in enhancing land and water resources--
            ``(1) by controlling erosion and reducing sediment and 
        nutrient levels in ground and surface water; and
            ``(2) by planning, designing, implementing, and evaluating 
        habitat conservation, restoration, and enhancement measures 
        where there is significant ecological value if the land is--
                    ``(A) retained in its current use; or
                    ``(B) restored to its natural condition.
    ``(d) Considerations.--In delivering the funds made available to 
carry out this section, the Secretary shall give special consideration 
to applications--
            ``(1) submitted by producers in the most effective river 
        basins for nutrient reduction; or
            ``(2) to carry out conservation activities that reduce 
        nitrogen and sediment, improve management of livestock and 
        waste, and conserve wetlands.
    ``(e) Duties of the Secretary.--In carrying out this section, the 
Secretary shall--
            ``(1) where available, use existing plans, models, and 
        assessments to assist producers in implementing conservation 
        activities; and
            ``(2) proceed expeditiously to deliver funding to a 
        producer to implement conservation activities that are 
        consistent with State strategies for the restoration of the 
        Chesapeake Bay watershed.
    ``(f) Consultation and Coordination.--The Secretary shall--
            ``(1) in consultation with appropriate Federal agencies, 
        ensure conservation activities carried out under this section 
        complement Federal, State, and local programs, including 
        programs that address water quality, in the Chesapeake Bay 
        watershed; and
            ``(2) in carrying out this section, coordinate with the 
        Farm Service Agency to identify needs and opportunities for 
        buffer management on land subject to a contract under the 
        conservation reserve program under subchapter B of chapter 1 
        that may be expiring soon.
    ``(g) Task Force.--
            ``(1) In general.--The Secretary and the Administrator of 
        the Environmental Protection Agency shall jointly establish a 
        Federal task force, to be known as the `Task Force on Crediting 
        Chesapeake Bay Conservation Investments' (referred to in this 
        subsection as the `task force').
            ``(2) Action plan.--The task force shall develop an action 
        plan that--
                    ``(A) identifies improvements to the processes of 
                analyzing, reporting, and quantifying nutrient 
                reductions from conservation activities in the 
                Chesapeake Bay watershed;
                    ``(B) is responsive to the needs of States in the 
                Chesapeake Bay watershed (including the District of 
                Columbia) and the agricultural community;
                    ``(C) maintains the scientific integrity of the 
                decision-making process and accounting tools under the 
                Chesapeake Bay Program (as defined in section 117(a) of 
                the Federal Water Pollution Control Act (33 U.S.C. 
                1267(a))); and
                    ``(D) ensures producer privacy is protected.
            ``(3) Identification of opportunities.--The task force 
        shall leverage findings from successful data sharing pilots to 
        identify opportunities to integrate time-saving technologies 
        for the implementation of conservation activities in the 
        Chesapeake Bay watershed.
    ``(h) Funding.--Of the funds made available by section 1241(a) of 
this Act or section 21001(a) of Public Law 117-169 (136 Stat. 2015), 
the Secretary shall use to carry out this section $75,000,000 for each 
of fiscal years 2024 through 2027, to remain available until 
expended.''.

SEC. 3. CONSERVATION RESERVE ENHANCEMENT PROGRAM PARTICIPATION.

    (a) Conservation Reserve.--
            (1) Eligible land.--Section 1231(b) of the Food Security 
        Act of 1985 (16 U.S.C. 3831(b)) is amended--
                    (A) in paragraph (6)(B)(ii), by striking ``or'' at 
                the end;
                    (B) in paragraph (7)(C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(8) cropland, marginal pastureland, grasslands, and other 
        rural land that will--
                    ``(A) have a positive impact on water quality in 
                furtherance of the goals of the Conservation Reserve 
                Enhancement Program established by the Secretary under 
                section 1231A; and
                    ``(B) be devoted to a riparian buffer.''.
            (2) Conservation reserve enhancement program.--Section 
        1231A of the Food Security Act of 1985 (16 U.S.C. 3831a) is 
        amended--
                    (A) in subsection (b)(3), by adding at the end the 
                following:
                    ``(C) Updates to existing agreements.--
                            ``(i) In general.--The Secretary shall 
                        provide an option to signatories to an 
                        agreement under this subsection to update the 
                        agreement, without renegotiating other 
                        provisions of the agreement, to include new 
                        incentives made available under this subchapter 
                        beginning on January 1, 2018, such as riparian 
                        forest buffer management payments.
                            ``(ii) Matching funds.--Requirements for 
                        matching funds described in paragraph (2)(B) 
                        shall not apply to the updates to an agreement 
                        described clause (i).
                    ``(D) Amendments to an agreement.--
                            ``(i) In general.--In the case of an 
                        amendment to an agreement under this 
                        subsection, including an addendum to an 
                        agreement, the Secretary shall--
                                    ``(I) streamline the amendment 
                                process relating to time-sensitive 
                                national priorities, including the 
                                Chesapeake Bay total maximum daily 
                                load; and
                                    ``(II) give priority to simple 
                                amendments to update existing 
                                agreements in accordance with 
                                subparagraph (C).
                            ``(ii) Simple amendments.--A simple 
                        amendment of an agreement under this subsection 
                        shall not constitute a renegotiation of the 
                        agreement.''.
            (3) Payments.--Section 1234 of the Food Security Act of 
        1985 (16 U.S.C. 3834) is amended--
                    (A) in subsection (b)(4)--
                            (i) by striking ``In addition'' and 
                        inserting the following:
                    ``(A) In general.--In addition''; and
                            (ii) by adding at the end the following:
                    ``(B) Minimum payment for certain contracts.--In 
                the case of a contract updated under section 
                1231A(b)(3)(C), the incentive payment under 
                subparagraph (A) shall be in an amount that is not less 
                than 40 percent of the actual costs described in that 
                subparagraph.''; and
                    (B) in subsection (g)(1), by striking ``$50,000'' 
                and inserting ``$100,000''.
    (b) Environmental Quality Incentives Program.--
            (1) Conservation incentive contracts.--Section 
        1240B(j)(2)(C) of the Food Security Act of 1985 (16 U.S.C. 
        3839aa-2(j)(2)(C)) is amended--
                    (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) consider participation in the 
                        conservation reserve program and the 
                        conservation reserve enhancement program under 
                        subchapter B of chapter 1, and practices under 
                        those programs, such as riparian buffers, in 
                        prioritizing grazing practices under the 
                        program established by this subchapter with 
                        respect to the efficient implementation of 
                        grazing systems to holistically address 
                        resource concerns.''.
            (2) Evaluation of applications.--Section 1240C(b) of the 
        Food Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is amended--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) that would include grazing practices under the 
        program established by this subchapter, in consideration of 
        participation in the conservation reserve program and the 
        conservation reserve enhancement program under subchapter B of 
        chapter 1, and practices under those programs, such as riparian 
        buffers, with respect to the efficient implementation of 
        grazing systems to holistically address resource concerns.''.

SEC. 4. CHESAPEAKE BAY WATERSHED TURNKEY PILOT PROGRAM.

    Section 1231C of the Food Security Act of 1985 (16 U.S.C. 3831c) is 
amended by adding at the end the following:
    ``(c) Chesapeake Bay Watershed Turnkey Pilot Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) CREP definitions.--The terms `CREP', 
                `eligible land', and `management' have the meanings 
                given those terms in section 1231A(a).
                    ``(B) Eligible practice.--The term `eligible 
                practice' means a forested riparian buffer practice 
                under a CREP and any associated activities, including--
                            ``(i) a stream crossing;
                            ``(ii) fencing and alternate water systems;
                            ``(iii) herbicide applications; and
                            ``(iv) any other activity that is 
                        appropriate to establish the practice.
                    ``(C) Technical service provider.--The term 
                `technical service provider' means a third-party 
                provider with which the Secretary enters into an 
                agreement described in paragraph (5)(A).
            ``(2) Establishment.--The Secretary shall establish a pilot 
        program under which the Secretary shall provide, for voluntary 
        owners and operators, establishment and management of eligible 
        practices on eligible land located in the Chesapeake Bay 
        watershed that is enrolled through a CREP.
            ``(3) Duties of the secretary.--With respect to eligible 
        land enrolled through the pilot program under this subsection, 
        the Secretary shall--
                    ``(A) provide, for an owner or operator, 
                establishment and management of an eligible practice on 
                the eligible land, which may be provided by a technical 
                service provider pursuant to an agreement under 
                paragraph (5); and
                    ``(B) not require the owner or operator--
                            ``(i) to pay any costs of the establishment 
                        or management of the eligible practice, 
                        including any compensation provided under 
                        paragraph (5)(C); or
                            ``(ii) to submit to the Secretary any 
                        additional paperwork with respect to the pilot 
                        program under this subsection.
            ``(4) Duties of owners and operators.--With respect to 
        eligible land enrolled through the pilot program under this 
        subsection, an owner or operator of the eligible land--
                    ``(A) shall provide to the Secretary and any 
                technical service providers, as applicable, access to 
                the eligible land for purposes of the establishment or 
                management of the eligible practice; and
                    ``(B) may not receive any cost-share payment, 
                practice incentive payment, or management payment under 
                this subchapter with respect to the eligible practice.
            ``(5) Agreements with technical service providers.--
                    ``(A) In general.--The Secretary may enter into an 
                agreement under section 1242 with 1 or more third-party 
                providers certified under that section, including those 
                certified through a streamlined certification process 
                under subsection (e)(5) of that section, and that 
                provide technical assistance under this title in the 
                Chesapeake Bay watershed to conduct the establishment 
                and management of an eligible practice on eligible land 
                under the pilot program under this subsection.
                    ``(B) Activities.--In addition to any activity that 
                a technical service provider may conduct pursuant to 
                section 1242 relating to the establishment of an 
                eligible practice, a technical service provider may 
                carry out such activities as are necessary to conduct 
                the establishment and management of an eligible 
                practice.
                    ``(C) Compensation.--Under an agreement entered 
                into under subparagraph (A), the Secretary shall 
                provide to a technical service provider reasonable 
                compensation for services provided under the agreement, 
                including administrative, technical assistance, design, 
                and installation costs.
            ``(6) Report to congress.--Not later than 1 year after the 
        date of enactment of this subsection, the Secretary shall 
        submit to the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate and the Committee on Agriculture of the House of 
        Representatives a report describing the status of, and any 
        activities carried out under, the pilot program under this 
        subsection.''.

SEC. 5. CHESAPEAKE BAY WATERSHED WORKFORCE DEVELOPMENT.

    (a) Grants and Fellowships for Food and Agricultural Sciences 
Education.--Section 1417 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``other colleges and universities'' and 
                inserting ``other institutions of higher education (as 
                defined in section 101 of the Higher Education Act of 
                1965 (20 U.S.C. 1001))''; and
                    (B) in paragraph (3), by striking ``food and 
                agricultural sciences teaching programs, or teaching 
                programs emphasizing'' and inserting ``teaching 
                programs, including paid work-based learning (as 
                defined in section 3 of the Carl D. Perkins Career and 
                Technical Education Act of 2006 (20 U.S.C. 2302)), for 
                food and agricultural sciences or'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) applications for teaching enhancement projects, 
        including paid work-based learning (as defined in section 3 of 
        the Carl D. Perkins Career and Technical Education Act of 2006 
        (20 U.S.C. 2302)), that address a need for additional trained 
        professionals in food and agricultural sciences or rural 
        economic, community, and business development.''; and
            (3) in subsection (m)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) $60,000,000 for each of fiscal years 2024 through 
        2033.''.
    (b) Experienced Services Program.--Section 1252(a)(2) of the Food 
Security Act of 1985 (16 U.S.C. 3851(a)(2)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) assisting cooperative initiatives under 
                section 1417(b)(3) of the National Agricultural 
                Research, Extension, and Teaching Policy Act of 1977 (7 
                U.S.C. 3152(b)(3)) to improve higher education teaching 
                programs, including paid work-based learning (as 
                defined in section 3 of the Carl D. Perkins Career and 
                Technical Education Act of 2006 (20 U.S.C. 2302)), at 
                institutions of higher education.''.

SEC. 6. PRIMARY REGULATORY OVERSIGHT FOR DOMESTIC, WILD-CAUGHT, 
              INVASIVE CATFISH.

    (a) Exemption of Domestic, Wild-Caught, Invasive Catfish From USDA 
Oversight.--
            (1) Food safety and inspection service.--Section 1(w)(2) of 
        the Federal Meat Inspection Act (21 U.S.C. 601(w)(2)) is 
        amended by inserting ``, except for domestic, wild-caught blue 
        catfish (Ictalurus furcatus) and flathead catfish (Pylodictis 
        olivaris) invasive to the Chesapeake Bay ecosystem'' after 
        ``Siluriformes''.
            (2) USDA grading program.--Section 203(n)(1) of the 
        Agricultural Marketing Act of 1946 (7 U.S.C. 1622(n)(1)) is 
        amended by inserting ``, except for domestic, wild-caught blue 
        catfish (Ictalurus furcatus) and flathead catfish (Pylodictis 
        olivaris) invasive to the Chesapeake Bay ecosystem'' after 
        ``Siluriformes''.
    (b) Interagency Coordination.--Not later than 90 days after the 
date of enactment of this Act, the Secretary of Agriculture (referred 
to in this section as the ``Secretary'') shall execute a memorandum of 
understanding with the Commissioner of Food and Drugs (referred to in 
this section as the ``Commissioner'') for the purpose of transferring 
primary regulatory oversight of the domestic and import inspection of 
domestic, wild-caught blue catfish (Ictalurus furcatus) and flathead 
catfish (Pylodictis olivaris) invasive to the Chesapeake Bay ecosystem 
from the Secretary to the Commissioner, pursuant to the authorities of 
the Commissioner under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.), the Fair Packaging and Labeling Act (15 U.S.C. 
1451 et seq.), and the Public Health Service Act (42 U.S.C. 201 et 
seq.).
    (c) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Commissioner, shall issue final regulations to carry out this Act and 
the amendments made by this Act, as applicable, in a manner that 
ensures that there is no duplication in inspection activities relating 
to domestic, wild-caught blue catfish (Ictalurus furcatus) and flathead 
catfish (Pylodictis olivaris) invasive to the Chesapeake Bay ecosystem.
                                 <all>