[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[Senate]
[Page S4376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3084. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 125___. STATE AND TRIBAL REGULATION OF FORM OF 
                   AGRICULTURAL BUSINESS ENTITIES.

       (a) Declaration of Policy.--It is the policy of Congress 
     that it is in the public interest for each State and Indian 
     Tribe to continue to regulate the form of a business entity 
     that may engage in farming or livestock production within the 
     State or territory of the Indian Tribe or own agricultural 
     land within the State or territory of the Indian Tribe, 
     including through laws or regulations that restrict or 
     prohibit certain types of business entities from--
       (1) engaging in farming or livestock production within the 
     State or territory of the Indian Tribe; or
       (2) owning agricultural land within the State or territory 
     of the Indian tribe.
       (b) Consent to State and Tribal Regulation.--
       (1) In general.--A State or Indian Tribe may regulate the 
     form of a business entity that may--
       (A) engage in farming or livestock production within the 
     State or territory of the Indian Tribe; or
       (B) own agricultural land within the State or territory of 
     the Indian Tribe.
       (2) Construction.--Paragraph (1) and the policy described 
     in subsection (a) shall be construed to eliminate any barrier 
     under the Commerce Clause of section 8 of article I of the 
     Constitution of the United States to the regulation by a 
     State or Indian tribe described in paragraph (1).
       (3) Effect of silence.--Silence in any law of Congress 
     enacted before, on, or after the date of enactment of this 
     Act with respect to the regulation by a State or Indian Tribe 
     described in paragraph (1) shall not be construed to preclude 
     that regulation.

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