[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5546-S5548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. THUNE (for himself and Mr. Lujan):
S. 5023. A bill to improve disaster assistance programs of the
Department of Agriculture, and for other purposes; to the Committee on
Agriculture, Nutrition, and Forestry.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
s. 5023
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 ``Agriculture Disaster
Assistance Improvement Act of 2022''.
SEC. 2. EMERGENCY CONSERVATION PROGRAM.
Title IV of the Agricultural Credit Act of 1978 is amended
by inserting after section 402B (16 U.S.C. 2202b) the
following:
``SEC. 402C. ADDITIONAL REQUIREMENTS FOR THE EMERGENCY
CONSERVATION PROGRAM.
``(a) Eligibility of Federal, State, and Local Land
Users.--
``(1) In general.--An agricultural producer eligible to
receive payments under sections 401 and 402 includes a person
that--
``(A) holds a permit from the Federal Government to conduct
agricultural production or grazing on Federal land; or
``(B) leases land from a State or unit of local government
to conduct agricultural production or grazing on that land.
``(2) Effect.--Nothing in this subsection authorizes the
Secretary to make a payment under section 401 or 402 to a
State or unit of local government.
``(b) Permanent Improvements.--Emergency measures eligible
for payments under sections 401 and 402 include--
``(1) new permanent measures, including permanent water
wells and pipelines; and
``(2) replacement or restoration of existing emergency
measures with permanent measures, including permanent water
wells and pipelines.
``(c) Streamlining Application Process.--
``(1) Waiver of public comment.--During a drought
emergency, as determined by the Secretary, the 30-day public
comment period required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived
with respect to an application to carry out emergency
measures under section 401 or 402 on land administered by the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management (referred to in this subsection as
the `Secretary of the Interior').
``(2) Acceptance of nrcs reviews.--With respect to an
application to carry out emergency measures under section 401
or 402 on land administered by the Secretary of the Interior,
the Secretary of the Interior may accept--
``(A) during a drought emergency, as determined by the
Secretary, an archeological review conducted by the
Secretary, acting through the Chief of the Natural Resources
Conservation Service, for purposes of an archeological review
required to be conducted;
``(B) an environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
conducted by the Secretary, acting through the Chief of the
Natural Resources Conservation Service, for purposes of such
an environmental review required to be conducted; and
``(C) a review under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) conducted by the Secretary, acting
through the Chief of the Natural Resources Conservation
Service, for purposes of such a review required to be
conducted.''.
[[Page S5547]]
SEC. 3. EMERGENCY FOREST RESTORATION PROGRAM.
Section 407 of the Agricultural Credit Act of 1978 (16
U.S.C. 2206) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (3) through (5), respectively;
(B) by inserting before paragraph (3) (as so redesignated)
the following:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) with respect to nonindustrial private forest land, an
owner of the nonindustrial private forest land;
``(B) with respect to Federal land, a person that holds a
permit from the Federal Government to conduct agricultural
production or grazing on the Federal land; and
``(C) with respect to land owned by a State or a unit of
local government, a person that leases land from the State or
unit of local government to conduct agricultural production
or grazing on that land.
``(2) Eligible land.--The term `eligible land' means--
``(A) nonindustrial private forest land;
``(B) Federal land; and
``(C) land owned by a State or unit of local government.'';
and
(C) in paragraph (3) (as so redesignated)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``nonindustrial private forest land'' and inserting
``eligible land''; and
(II) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively, and indenting appropriately;
(ii) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(iii) in the matter preceding clause (i) (as so
redesignated), by striking ``The term'' and inserting the
following:
``(A) In general.--The term''; and
(iv) by adding at the end the following:
``(B) Inclusions.--The term `emergency measures' includes--
``(i) new permanent measures described in subparagraph (A),
including permanent water wells and pipelines; and
``(ii) replacement or restoration of existing emergency
measures with permanent measures described in subparagraph
(A), including permanent water wells and pipelines.'';
(2) in subsection (b)--
(A) by striking ``an owner of nonindustrial private forest
land who'' and inserting ``an eligible entity that''; and
(B) by striking ``restore the land'' and inserting
``restore eligible land'';
(3) in subsection (c)--
(A) by striking ``owner must'' and inserting ``eligible
entity shall''; and
(B) by striking ``nonindustrial private forest land'' and
inserting ``eligible land'';
(4) in subsection (d), by striking ``an owner of
nonindustrial private forest land'' and inserting ``an
eligible entity'';
(5) by redesignating subsection (e) as subsection (g); and
(6) by inserting after subsection (d) the following:
``(e) Streamlining Application Process.--
``(1) Waiver of public comment.--During a drought
emergency, as determined by the Secretary, the 30-day public
comment period required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived
with respect to an application to carry out emergency
measures under this section on land administered by the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management (referred to in this subsection as
the `Secretary of the Interior').
``(2) Acceptance of nrcs reviews.--With respect to an
application to carry out emergency measures under this
section on land administered by the Secretary of the
Interior, the Secretary of the Interior may accept--
``(A) during a drought emergency, as determined by the
Secretary, an archeological review conducted by the
Secretary, acting through the Chief of the Natural Resources
Conservation Service, for purposes of an archeological review
required to be conducted;
``(B) an environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
conducted by the Secretary, acting through the Chief of the
Natural Resources Conservation Service, for purposes of such
an environmental review required to be conducted; and
``(C) a review under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) conducted by the Secretary, acting
through the Chief of the Natural Resources Conservation
Service, for purposes of such a review required to be
conducted.
``(f) Effect.--Nothing in this section authorizes the
Secretary to make a payment under this section to a State or
unit of local government.''.
SEC. 4. LIVESTOCK FORAGE DISASTER PROGRAM.
Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act of
2014 (7 U.S.C. 9081(c)(3)(D)(ii)(I)) is amended--
(1) by striking ``at least 8 consecutive'' and inserting
the following: ``not less than--
``(aa) 4 consecutive weeks during the normal grazing period
for the county, as determined by the Secretary, shall be
eligible to receive assistance under this paragraph in an
amount equal to 1 monthly payment using the monthly payment
rate determined under subparagraph (B); or
``(bb) 8 consecutive''; and
(2) in item (bb) (as so designated), by striking ``1
monthly payment'' and inserting ``2 monthly payments''.
SEC. 5. EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND
FARM-RAISED FISH.
(a) In General.--Section 1501(d) of the Agricultural Act of
2014 (7 U.S.C. 9081(d)) is amended--
(1) in paragraph (1), by inserting ``drought,'' after
``adverse weather,'';
(2) in paragraph (2), by inserting ``adverse weather or
drought (such as added transportation costs, feed costs, and
reduced honey crops for eligible producers of honey bees),''
after ``disease,'';
(3) in paragraph (4)--
(A) by striking ``In the case'' and inserting the
following:
``(A) In general.--In the case''; and
(B) by adding at the end the following:
``(B) Requirements.--The payment rate under subparagraph
(A) shall--
``(i) in the case of eligible producers of honey bees,
incorporate per-hive and per-colony rates of loss; and
``(ii) incorporate a standardized expected mortality rate
of 15 percent.''; and
(4) by adding at the end the following:
``(5) Documentation.--
``(A) In general.--Any requirements for the submission of
documentation by an eligible producer to receive a payment
under this subsection shall be consistent nationwide.
``(B) Producers of honey bees.--The Secretary, in
consultation with eligible producers of honey bees, shall
establish a standard, for purposes of this subsection, for--
``(i) collecting data; and
``(ii) setting an annual rate for replacing colonies and
hives of honey bees.''.
(b) Applicability to Producers of Honey Bees.--The
Secretary of Agriculture shall apply the amendments made by
subsection (a) to producers of honey bees such that there is
no limit on the size of a beekeeping operation with respect
to those amendments.
SEC. 6. DROUGHT MONITOR INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
establish an interagency working group (referred to in this
section as the ``working group'') to improve the availability
of consistent, accurate, and reliable data for use in
producing the United States Drought Monitor in accordance
with section 12512 of the Agriculture Improvement Act of 2018
(7 U.S.C. 5856).
(b) Membership.--The working group shall consist of not
fewer than--
(1) 3 representatives from the Department of Agriculture,
including 1 representative from each of--
(A) the Office of the Chief Economist, who shall serve as
the Chair of the working group;
(B) the Forest Service; and
(C) the Farm Service Agency;
(2) 4 representatives from the National Oceanic and
Atmospheric Administration, including 1 representative from
each of--
(A) the Climate Prediction Center;
(B) the National Centers for Environmental Information;
(C) the National Integrated Drought Information System; and
(D) the National Mesonet Program;
(3) 1 representative from the National Drought Mitigation
Center;
(4) 1 representative from the Department of the Interior;
and
(5) 3 representatives from mesonet programs in States--
(A) that have experienced severe drought, as determined by
the United States Drought Monitor, in not less than 5
calendar years during the period of calendar years 2012
through 2021; and
(B) more than 50 percent of the land area of which is
designated by the Economic Research Service as a Level 1
frontier and remote area.
(c) Duties.--The working group shall--
(1) develop a means for the inclusion of additional in-situ
data into the process of developing the United States Drought
Monitor, including--
(A) determining minimum requirements for data to be
included in the United States Drought Monitor;
(B) identifying data available from other government
agencies, including through portals managed by the National
Oceanic and Atmospheric Administration; and
(C) identifying gaps in coverage and determining solutions
to address those gaps;
(2) identify and address potential barriers to the use of
existing data, including--
(A) identifying Federal datasets that would be of immediate
use in developing the United States Drought Monitor where
access is restricted to some or all authors of the United
States Drought Monitor; and
(B) developing proposed accommodations, modifications to
contractual agreements, or updates to interagency memoranda
of understanding to allow for incorporation of datasets
identified under subparagraph (A);
(3) develop an open and transparent methodology for vetting
data products developed using remote sensing or modeling;
(4) if determined appropriate by the working group, develop
a methodology for inclusion of data that may otherwise be
excluded from the United States Drought Monitor due to
shorter periods of record; and
(5) identify and address any other issues relating to data
availability and quality, as determined appropriate by the
Chair of the working group.
(d) Report.--
[[Page S5548]]
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary of Agriculture, the Secretary of Commerce, the
Secretary of the Interior, and the relevant committees of
Congress a report containing recommendations for changes in
policies, regulations, guidance documents, or existing law to
meet the objectives described in subsection (c).
(2) Definition of relevant committees of congress.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Agriculture of the House of
Representatives; and
(D) the Committee on Science, Space, and Technology of the
House of Representatives.
(e) Action by the Secretary.--Not later than 180 days after
the date of submission of the report under subsection (d),
the Secretary of Agriculture, in coordination with the
Secretary of Commerce and the Secretary of the Interior,
shall incorporate, to the extent practicable, the
recommendations of the working group to improve the United
States Drought Monitor in accordance with section 12512 of
the Agriculture Improvement Act of 2018 (7 U.S.C. 5856).
(f) Termination.--The working group shall terminate on the
date that is 90 days after the date on which the report is
submitted under subsection (d).
SEC. 7. ALIGNMENT OF FARM SERVICE AGENCY AND FOREST SERVICE
DROUGHT RESPONSE.
(a) In General.--Not later than 60 days after the date of
submission of the report under section 6(d), the
Administrator of the Farm Service Agency and the Chief of the
Forest Service shall enter into a memorandum of understanding
to better align drought response activities of the Farm
Service Agency and the Forest Service (referred to in this
section as the ``agencies'').
(b) Contents.--The memorandum of understanding entered into
under subsection (a) shall include--
(1) a commitment to better align practices of the agencies
with respect to determining the severity of regional drought
conditions;
(2) a strategy for amending those determinations to ensure
consistent policy with respect to drought response in cases
where the agencies are making inconsistent determinations
within the same spatial scale;
(3) an agreement to utilize, to the extent practicable, the
United States Drought Monitor in making those determinations;
and
(4) an agreement to provide consistent information to
grazing permittees, operators, and other stakeholders
affected by determinations relating to drought.
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