Duties of the Secretary

Section 1233(b) of the Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(ii), by inserting subject to subclauses (I) and (III) of clause (i), and subclauses (I) and (II) of clause (ii), of subparagraph (B), before are subject to; and (B) in subparagraph (B)(i)— (i) by redesignating subclauses (I) through (VI) as subclauses (II) through (VII), respectively; (ii) by inserting before subclause (II) (as so redesignated) the following: (I) emergency haying in response to a localized or regional drought, flooding, wildfire, or other emergency, on certain practices, outside the primary nesting season or during the final 2 weeks of the primary nesting season, on not more than 50 percent of contract acres, as identified in the site-specific plan, when— (aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor; (bb) there is at least a 40 percent loss in forage production in the county; or (cc) the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover;; and (iii) in subclause (II) (as so redesignated), in the matter preceding item (aa), by striking emergency haying, emergency grazing, or other emergency use and inserting emergency grazing or other emergency use; and (2) in paragraph (2)(B)— (A) by redesignating clause (ii) as clause (iv); and (B) by inserting after clause (i) the following: (ii) Damage to cover for wildlife populations Haying or grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, if haying or grazing during the final 2 weeks of the primary nesting season under that practice, as applicable, would cause long-term damage to vegetative cover for wildlife populations supported by the applicable practice on that land. (iii) Applicability of nepa The exceptions described in clauses (i) and (ii) shall not be subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)..