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S. 904IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 904

Emergency conservation program improvements

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(a) Additional requirements Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 402B (16 U.S.C. 2202b) the following: 402C. Additional requirements for 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.. (b) 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.. (c) Clerical improvements (1) Repeal Section 406 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 note; Public Law 95–334) is repealed. (2) Heading format corrections (A) Section 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2202) is amended— (i) by striking the section designation and all that follows through authorized and inserting the following: 402. Water conservation and water enhancing measures during severe drought The Secretary is authorized; and (ii) by striking during and all that follows through of and inserting during a period of. (B) Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended by striking the section designation and all that follows through authorized in subsection (a) and inserting the following: 403. Emergency watershed program (a) In general The Secretary is authorized. (C) Section 405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2205) is amended by striking the section designation and all that follows through authorized and inserting the following: 405. Regulations The Secretary is authorized. (3) Reordering Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended— (A) by redesignating sections 402C (as added by subsection (a)), 403, 404, 405, and 407 (as amended by subsection (b)) as sections 403, 405, 407, 408, and 406, respectively, and moving the sections so as to appear in numerical order; (B) in section 402B (16 U.S.C. 2202b), by striking the section designation and heading and all that follows through maximum and inserting the following: (d) Maximum payment The maximum; and (C) by moving that subsection (d) (as so redesignated) so as to appear after subsection (c) of section 402A (16 U.S.C. 2202a). (4) Clerical amendments Section 402A of the Agricultural Credit Act of 1978 (16 U.S.C. 2202a) (as amended by paragraph (3)(C)) is amended— (A) in subsection (b), by striking 2279) and inserting 2279)); (B) in subsection (c), in the subsection heading, by striking Limitation and inserting Total payment for single event; (C) by striking the section designation and heading and inserting the following: 404. Cost-share requirement; maximum payment; and (D) by moving that section 404 (as so redesignated) so as to appear after section 403 (as redesignated by paragraph (3)(A)). (5) Conforming amendment Section 1241(f)(9)(B) of the Food Security Act of 1985 (16 U.S.C. 3841(f)(9)(B)) is amended by striking 403 and inserting 405.

Sec. 2: Emergency conservation program improvements · Public Law Tracker