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H.R. 3077IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 303 · H.R. 3077

Conservation stewardship program

Title III — Soil health

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(a) Definitions Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa–21) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting enhancements, after practices,; and (B) in subparagraph (B)(v), by inserting and climate change before the period at the end; (2) in paragraph (3)(C), by inserting maintained, actively after implemented,; (3) in paragraph (5), in the matter preceding subparagraph (A), by striking natural resource concern or problem and inserting resource concern; (4) by redesignating paragraph (7) as paragraph (8); and (5) by inserting after paragraph (6) the following: (7) Resource concern The term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or an intended use of the resource.. (b) Conservation stewardship program Section 1240J(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–22(a)) is amended— (1) in the matter preceding paragraph (1), by striking 2031 and inserting 2033; and (2) by striking paragraphs (1) and (2) and inserting the following: (1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and (2) by undertaking additional conservation activities.. (c) Stewardship contracts (1) Submission of contract offers Section 1240K(a)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa–23(a)(2)(B)) is amended by striking improving, maintaining, and managing and inserting maintaining, actively managing, and, where practicable, improving. (2) Evaluation of contract offers Section 1240K(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa–23(b)) is amended— (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: (iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that— (I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and (II) other national, State, and local priority resource concerns are effectively addressed.; and (B) by striking paragraph (3). (3) Contract renewal Section 1240K(e) of the Food Security Act of 1985 (16 U.S.C. 3839aa–23(e)) is amended— (A) in the matter preceding paragraph (1), by striking may provide the producer an opportunity and inserting shall guarantee that each producer has an opportunity; and (B) in paragraph (3)— (i) by striking subparagraph (B); (ii) in subparagraph (A), by striking; or at the end and inserting, if applicable.; and (iii) by striking period— in the matter preceding subparagraph (A) and all that follows through to meet in subparagraph (A) and inserting period, to meet. (d) Duties of Secretary (1) Climate change adaptation and mitigation Section 1240L(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(a)(2)) is amended by inserting (which may include climate change adaptation and mitigation) after priority resource concerns. (2) Conservation stewardship payments Section 1240L(c) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(c)) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by inserting on 1 or more types of eligible land covered by the contract after activities; and (ii) in subparagraph (B), by striking improving, maintaining, and managing and inserting maintaining, actively managing, and improving; (B) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (B) Income forgone by the producer, including amounts that reflect— (i) increased economic risk; and (ii) loss in revenue due to— (I) production changes; (II) anticipated reductions in yield; (III) transitioning to an organic, resource-conserving cropping or grazing, or perennial production system; or (IV) acreage converted to conservation uses.; and (ii) in subparagraph (E), by striking maintained over the term of the contract. and inserting the following: maintained, actively managed, and, where applicable, improved over the term of the contract, in a manner that ensures that— (i) producers receive payment for maintaining high levels of stewardship essential to addressing priority resource concerns; and (ii) all land uses with sufficiently high levels of stewardship in place receive payment for maintaining that level of stewardship, regardless of additional conservation activities implemented on that land over the contract term.; and (C) by adding at the end the following: (6) Payments for conservation activities related to organic production systems (A) In general The Secretary shall provide payments under this subsection for conservation activities relating to— (i) organic production; and (ii) transitioning to organic production. (B) Conservation activities Conservation activities described in subparagraph (A) may include— (i) generally available and specifically tailored conservation activities; and (ii) individual conservation activities and bundles of conservation activities. (7) Minimum payment The amount of an annual payment under the program shall be not less than $4,000.. (3) Supplemental payments Section 1240L(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(d)) is amended— (A) in the subsection heading, by inserting, perennial production systems, after rotations; (B) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: (C) Perennial production system The term perennial production system means— (i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; (ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and (iii) the use of cropland for perennial forages or perennial grain crops.; (C) in paragraph (2)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the period at the end and inserting; or; and (iii) by adding at the end the following: (C) a perennial production system.; and (D) in paragraph (3), by striking or advanced grazing management and inserting, advanced grazing management, or a perennial production system. (4) Payment for comprehensive conservation plan Section 1240L(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(e)(1)) is amended— (A) by striking plan that meets and inserting the following: plan that— (A) meets; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting; and; and (C) by adding at the end the following: (B) with respect to an organic production system— (i) is integrated with an organic system plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.); or (ii) allows a producer to transition to organic production systems and pursue certification under that Act.. (5) Payment limitations Section 1240L(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(f)) is amended— (A) by inserting (including a joint venture and a general partnership) after A person or legal entity; and (B) by striking fiscal years 2019 through 2023 and inserting any consecutive 5-fiscal-year period. (6) Specialty crop and organic producers Section 1240L(g) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(g)) is amended by inserting, and producers transitioning to organic production systems, after organic producers. (7) Soil health Section 1240L(k) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(k)) is amended by striking health. and inserting the following: health, including by— (1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and (2) offering payments for, and supporting the interpretation of, soil health testing to provide to producers and the Secretary information relating to the soil health and carbon sequestration impacts of conservation activities.. (e) On-Farm conservation stewardship innovation grants Subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa–21 et seq.) is amended by adding at the end the following: 1240L–2. On-farm conservation stewardship innovation grants (a) In general Using funds made available to carry out this subchapter, the Secretary shall provide competitive grants to carry out on-farm conservation innovation projects on eligible land of program participants for the purpose of stimulating innovative approaches on farms and ranches to leverage Federal investment in conservation stewardship, in conjunction with agricultural production or forest resource management, through the program. (b) Participants The Secretary shall provide grants under this section— (1) directly to agricultural operations, or groups of agricultural operations, participating in the program; or (2) through partnerships between small groups of agricultural operations participating in the program and organizations assisting farmers and ranchers at the local level, including— (A) university researchers or educators; (B) extension agents or specialists; (C) Federal agency field staff; (D) agricultural consultants; (E) State and local agency staff; (F) Tribal agency staff; (G) Federally-Recognized Tribes Extension Program agents; and (H) nonprofit organization staff. (c) Use An entity that receives a grant under this section directly or through a partnership in accordance with subsection (b) shall carry out an on-farm conservation innovation project that— (1) facilitates on-farm research and demonstration or pilot testing of new technologies or innovative conservation systems and practices that aim to reduce greenhouse gas emissions and decarbonize agriculture; (2) facilitates on-farm research and demonstration or pilot testing of practices and systems with a proven high impact for greenhouse gas emissions reduction and decarbonization and low national or regional adoption rates; or (3) helps to prepare program participants for participation in environmental services markets that have as a primary goal greenhouse gas emissions reduction or decarbonization of agriculture. (d) Incentive payments (1) Agreements (A) In general In carrying out this section, the Secretary shall enter into agreements with agricultural operations (directly or through governmental or nongovernmental organizations involved in a partnership with 1 or more agricultural operations) on the land of which an on-farm conservation innovation project is being carried out under this section to provide payments to the agricultural operations to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits. (B) Amount Payments provided under subparagraph (A) shall reflect the direct costs of the research and demonstration and compensation for foregone income, as appropriate to address the increased economic risk or lower economic return potentially associated with the applicable innovative conservation approach. (2) Adjusted gross income requirements (A) In general The adjusted gross income requirements under section 1001D(b)(1) shall— (i) apply to producers receiving payments under this subsection; and (ii) be enforced by the Secretary. (B) Reporting A governmental or nongovernmental organization participating in an on-farm conservation innovation project under this subsection shall submit to the Secretary an annual report describing the amount of payments that the organization made to each agricultural operation under this subsection. (3) Research, technical assistance, and administrative expenses The Secretary may provide to a partnership described in paragraph (1)(A) not more than $50,000 for each on-farm conservation innovation project for research, technical assistance, and administrative expenses. (4) Length of agreements An agreement entered into under paragraph (1)(A) shall be for a period determined by the Secretary that is— (A) not less than 2 years; and (B) if appropriate, more than 2 years, including if the longer period is appropriate to support— (i) adaptive management over multiple crop years; and (ii) adequate data collection and analysis by an agricultural operation or partnership to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary..

Sec. 303: Conservation stewardship program · Public Law Tracker