[Congressional Record Volume 169, Number 38 (Tuesday, February 28, 2023)]
[Senate]
[Pages S533-S535]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself and Mr. Lujan):
  S. 555. 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. Madam 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. 555

       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 ``Livestock Disaster 
     Assistance Improvement Act of 2023''.

     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.''.

     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

[[Page S534]]

       ``(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.--
       (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

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       (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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