[House Report 117-343]
[From the U.S. Government Publishing Office]


117th Congress   }                                    {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                    {     117-343

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 TO DIRECT THE SECRETARY OF AGRICULTURE TO PROVIDE ADDITIONAL PAYMENTS 
 UNDER THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM FOR IMPLEMENTATION 
       OF A NUTRIENT MANAGEMENT PRACTICE, AND FOR OTHER PURPOSES

                                _______
                                

  June 3, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. David Scott of Georgia, from the Committee on Agriculture, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 7764]

    The Committee on Agriculture, to whom was referred the bill 
(H.R. 7764) to direct the Secretary of Agriculture to provide 
additional payments under the environmental quality incentives 
program for implementation of a nutrient management practice, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                           BRIEF EXPLANATION

    This legislation, as reported out of Committee, allows for 
the adoption of nutrient management plans and practices. The 
bill provides authority to the Secretary of Agriculture to 
temporarily expand the cost-share for nutrient management as an 
EQIP practice. The bill authorizes additional funds for the 
purpose of expanding the use of nutrient management plans 
through the end of Fiscal Year 2023.

                    PURPOSE AND NEED FOR LEGISLATION

    Many nutrients applied to crops are necessary to increase 
yield and maximize farm profits. However, application of 
nutrients is not without challenges. For example, high levels 
of nitrogen and phosphorus run-off can cause eutrophication of 
water bodies. Excess nutrients can also cause harmful algal 
blooms that can be harmful to humans and wildlife.
    During a time of high inflation and exceedingly high input 
costs, it is critical that producers have resources to lower 
their costs by using inputs in the most efficient manner 
available. Nutrient management utilizes the 4Rs, application of 
the right nutrient source at the right rate at the right time 
to maximize crop nutrient use efficiency and minimize nutrient 
losses to the surface, air, and water. Within the Environmental 
Quality Incentives Program (EQIP), Practice Code 590 provides 
producers with technical and financial assistance to plan and 
implement nutrient management.
    H.R. 7764 will support producers, address high input costs, 
and promote a healthy environment by providing the Secretary of 
Agriculture with the authority to increase the cost-share for 
nutrient management to 100 percent through Fiscal Year 2023. 
H.R. 7764 authorizes appropriations of $750 million, 5 percent 
of which may be used for technical assistance.

H.R. 7764, TO DIRECT THE SECRETARY OF AGRICULTURE TO PROVIDE ADDITIONAL 
    PAYMENTS UNDER THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM FOR 
    IMPLEMENTATION OF A NUTRIENT MANAGEMENT PRACTICE, AND FOR OTHER 
                               PURPOSES.

                           SECTION-BY-SECTION

Section 1. Additional nutrient management assistance

    Section 1 requires the Secretary of Agriculture to provide 
payments on the date enactment through September 30, 2023, to 
producers that have entered into contracts with the Secretary 
under the Environmental Quality Incentives Program to implement 
the nutrient management practice. The payments are not to 
exceed 100 percent of the cost of implementation.
    Subsection (c) authorizes $750 million for Fiscal Years 
2022 and 2023 to the Secretary to carry out this section. The 
Secretary may use up to 5 percent of the funds to provide 
technical assistance.
    Subsection (d) defines ``Environmental Quality Incentives 
Program'' to mean the Environmental Quality Incentives Program 
established under subchapter A of chapter 4 of subtitle D of 
title XII of the Food Security Act of 1985. This subsection 
also defines ``nutrient management practice'' to mean the 
practice described in the conservation practice standard for 
nutrient management established by NRCS, Code 590, dated May 
2019.

                        COMMITTEE CONSIDERATION

                            I. Subcommittee

    On May 12, 2021, the Subcommittee on Conservation and 
Forestry held a hearing entitled Title II Conservation 
Programs: Exploring Climate-Smart Practices where the following 
witnesses testified on the role of conservation programs, 
especially the Environmental Quality Incentives Program (EQIP) 
has in introducing farmers to conservation, especially as they 
relate to climate and agriculture:
           Charles Isbell, Jr, Farmer and Co-Owner, 
        Keenbell Farm, Rockville, VA
           Kimberly Ratcliff, Owner, Caney Creek Ranch, 
        Oakwood, TX
           Dr. Keith Paustian, Distinguished Professor, 
        Dept. of Soil and Crop Science, Colorado State 
        University; Senior Research Scientist, Natural Resource 
        Ecology Laboratory, CSU
           Jamie Johansson, President, California Farm 
        Bureau, Sacramento, CA
    This hearing examined how Title II programs, including 
EQIP, enacted through the farm bill encourage conservation 
measures, like nutrient management, contribute to mitigating 
climate change, and allow for more efficient farm production. 
Studies have shown that conservation practices have helped 
farmers produce a greater annual crop yield and improve the 
health of surrounding soils and adjacent watersheds. Nutrient 
management methods reduce over-fertilization and runoff.

                           II. Full Committee

    On May 17, 2022, the Committee on Agriculture met pursuant 
to notice, with a quorum present to consider H.R. 7764, To 
direct the Secretary of Agriculture to provide additional 
payments under the environmental quality incentives program for 
implementation of a nutrient management practice, and for other 
purposes. Chairman Scott made an opening statement as did 
Ranking Member Thompson. Chairman Scott requested other Members 
submit their opening statements for the record. Without 
objection, H.R. 7764 was placed before the Committee for 
consideration, a first reading of the bill was waived.
    Discussion occurred. Chairman Scott made a motion for 
unanimous consent to adopt and favorably report H.R. 7764 to 
the House. The motion for unanimous consent was adopted without 
objection.
    The Committee recessed until May 18, 2022. At the 
conclusion of the meeting, Chairman Scott advised Members that 
pursuant to the Rules of the House of Representatives, Members 
had until May 20, 2022, at 12:00 p.m. to file any supplemental, 
additional, dissenting, or minority views with the Committee. 
Without objection, staff was given permission to make any 
necessary technical, clarifying, or conforming changes to 
reflect the intent of the Committee. Chairman Scott thanked all 
Members and adjourned the meeting.

                            COMMITTEE VOTES

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, H.R. 7764 was reported by unanimous consent 
with a majority quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

          COST OF LEGISLATION AND THE CONGRESSIONAL BUDGET ACT

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of the Congressional Budget Office. The Committee 
adopts as its own cost estimate the forthcoming cost estimate 
of the Director of the Congressional Budget Office, should such 
cost estimate be made available before House passage of the 
bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Congressional Budget Office staff 
has informed the Committee on a preliminary, informal, 
nonbinding basis that there does not appear to be any revenue 
effects or direct spending associated with the bill.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    The Committee finds the Constitutional authority for this 
legislation in Article I, section 8, clause 18, that grants 
Congress the power to make all laws necessary and proper for 
carrying out the powers vested by Congress in the consideration 
of the United States or in any department or officer thereof.

                    PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the House of 
Representatives, the performance goals and objectives of this 
measure are to incentivize the adoption of nutrient management 
plans and practices by including such activities in existing 
programs and providing additional support.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       FEDERAL MANDATES STATEMENT

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           EARMARK STATEMENT

    This measure does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI of the House of 
Representatives.

                    DUPLICATION OF FEDERAL PROGRAMS

    This measure does not establish or reauthorize a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program in the most recent Catalog of Federal Domestic 
Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    The Committee does not believe that the legislation directs 
an Executive Branch official to conduct any specific rule 
making proceedings within the meaning of 5 U.S.C. 551.

                                 
                                 
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