[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5627 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5627
To amend the Food Security Act of 1985 to improve the environmental
quality incentives program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2018
Mr. Huffman (for himself, Mr. Blumenauer, Mr. Grijalva, and Ms.
Wasserman Schultz) introduced the following bill; which was referred to
the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to improve the environmental
quality incentives program, and for other purposes.
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 ``Farmers Conserving Agricultural
Resources through EQIP Act'' or the ``Farmers CARE Act''.
SEC. 2. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended to read as follows:
``SEC. 1240. PURPOSES.
``The purpose of the environmental quality incentives program
established by this chapter is to assist producers in implementing
conservation systems, practices, and activities on their operations in
order to--
``(1) improve water quality, with special emphasis on
reducing nutrient pollution and protecting sources of drinking
water;
``(2) avoid, to the maximum extent practicable, the need
for resource and regulatory programs by assisting producers in
protecting soil, water, air, and related natural resources and
meeting environmental quality criteria established by Federal,
State, tribal, and local agencies;
``(3) conserve ground and surface water to sustain or
improve in-stream flows;
``(4) enhance the quality of soil fertility and health;
``(5) control invasive species;
``(6) enhance critical aquatic and terrestrial wildlife
habitat for at-risk species;
``(7) reduce the amount and toxicity of pesticides and
other agricultural chemicals found on food and in water or the
air;
``(8) reduce the nontherapeutic use of medically important
antibiotics in food-producing animals in order to preserve the
effectiveness of antibiotics used in the treatment of human and
animal disease;
``(9) help producers adapt to climate change, increase
resiliency to climate change impacts, and reduce greenhouse gas
emissions;
``(10) address additional priority resource concerns, as
determined by the Secretary; and
``(11) enhance biodiversity and wildlife.''.
SEC. 3. DEFINITIONS.
(a) Organic System Plan.--Section 1240A of the Food Security Act of
1985 (16 U.S.C. 3839aa-1) is amended by striking paragraph (2) and
redesignating paragraphs (3) through (5) as paragraphs (2) through (4),
respectively.
(b) Practice.--Section 1240A of the Food Security Act of 1985 (16
U.S.C. 3839aa-1) is further amended in paragraph (3)(B) (as
redesignated by subsection (a))--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following new clause:
``(ii) comprehensive conservation planning;
and''.
SEC. 4. ESTABLISHMENT AND ADMINISTRATION.
(a) Establishment.--Section 1240B(a) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(a)) is amended by striking ``2002 through
2019'' and inserting ``2019 through 2023''.
(b) Term.--Section 1240B(b)(2) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(b)(2)(B)) is amended by striking ``10 years'' and
inserting ``5 years''.
(c) Priority.--Section 1240B(c) of the Food Security Act of 1985
(16 U.S.C. 3839aa-2(c)) is amended to read as follows:
``(c) Priority.--If the Secretary determines that the environmental
values of two or more applications for payments are comparable, the
Secretary shall assign a higher priority to a program application which
will achieve the environment and conservation values using practices
and systems the assessed cost of which is lower.''.
(d) Payments.--
(1) Limitation on substantial and primary benefits.--
Section 1240B(d) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(d)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C)(ii), by striking
the period at the end and inserting ``; or'';
and
(iii) by adding at the end the following:
``(D) 50 percent of the cost of a practice that
substantially benefits the producer, as determined by
the Secretary.''; and
(B) by adding at the end the following:
``(7) Primary benefit to producer.--A producer shall not be
eligible for payments for a practice on eligible land under the
program that primarily benefits the producer, as determined by
the Secretary.''.
(2) Increased payments for certain practices.--Section
1240B(d)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
2(d)(3)) is amended to read as follows:
``(3) Increased payments for certain practices.--The
Secretary shall provide supplemental payments and enhanced
technical assistance to producers implementing land management
and vegetative practices at a level that, as determined by the
Secretary, results in highly cost-effective treatment of
priority resource concerns, including--
``(A) residue and tillage management;
``(B) contour farming;
``(C) cover cropping;
``(D) integrated pest management;
``(E) nutrient management;
``(F) stream corridor improvement;
``(G) invasive plant species control;
``(H) contour buffer strips;
``(I) riparian herbaceous and forest buffers;
``(J) filter strips;
``(K) stream habitat improvement and management;
``(L) grassed waterways;
``(M) wetland restoration and enhancement;
``(N) pollinator habitat; or
``(O) conservation crop rotation.''.
(3) Limitation on payments for certain practices.--Section
1240B(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
2(d)) is further amended by adding at the end the following new
paragraph:
``(8) Limitation on payments for certain practices.--A
producer who owns or operates a large confined animal feeding
operation (as defined by the Secretary) shall not be eligible
for payments under this chapter to construct an animal waste
management facility or any associated waste transport or
transfer device.''.
(e) Allocation of Funding.--Section 1240B(f) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended to read as follows:
``(f) Allocation of Funding.--
``(1) In general.--Of the funds made available for payments
for each of fiscal years 2019 through 2023--
``(A) not less than 10 percent shall be targeted at
practices relating to improvement of fish and wildlife
habitat; and
``(B) not less than 5 percent shall be provided to
producers who participate in an independent animal
welfare certification program.
``(2) Independent animal welfare certification program.--In
this subsection, the term `independent animal welfare
certification program' means an entity approved by the
Secretary of Agriculture that uses qualified third-party on-
farm auditors to routinely assess a producer's 100-percent
compliance with specific animal welfare standards exceeding
industry standards (based on industry guidelines), subject to
the following conditions:
``(A) The standards' protocols are made public.
``(B) The standards include, at a minimum,
provisions for space allowance, environmental
enrichment and ability to engage in natural behaviors,
pain control and physical alternations, handling, and
responsible antibiotic use.
``(C) Routine caging, crating or tethering of
animals is prohibited.
``(D) Auditors have no vested or financial interest
in audit outcomes.
``(E) Auditors possess a background in animal
welfare science or have received equivalent training,
and are able to recognize, review, and apply
established farm animal welfare standards and
protocols.''.
(f) Water Conservation or Irrigation Efficiency Practice.--
(1) Availability of payments.--Section 1240B(h)(1) of the
Food Security Act of 1985 (16 U.S.C. 3839aa-2(h)(1)) is amended
to read as follows:
``(1) Availability of payments.--The Secretary may provide
payments under this subsection to a producer for a water
conservation or irrigation practice that promotes ground and
surface water conservation on the agricultural operation of the
producer by--
``(A) improvements to irrigation systems;
``(B) enhancement of irrigation efficiencies;
``(C) conversion of the agricultural operation to--
``(i) the production of less water-
intensive agricultural commodities; or
``(ii) dryland farming;
``(D) improvement of the storage of water through
measures such as water banking and groundwater
recharge;
``(E) enhancement of fish and wildlife habitat
associated with irrigation systems, including pivot
corners and areas with irregular boundaries;
``(F) enhancement of frost protection methods to--
``(i) mitigate damage to fish and wildlife
habitat;
``(ii) enhance water efficiency; or
``(iii) promote alternative frost
protection methods that do not rely on ground
and surface water; and
``(G) establishment of other measures, as
determined by the Secretary, that improve groundwater
and surface water conservation in agricultural
operations.''.
(2) Priority.--Section 1240B(h)(2) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-2(h)(2)) is amended--
(A) in subparagraph (A), by striking ``; or'' and
inserting ``; and''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) any associated water savings remain in the
original source of such water for the useful life of
the practice.''.
(3) Duty of producers.--Section 1240B(h) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-2(h)) is amended by
adding at the end the following new paragraph:
``(3) Duty of producers.--The Secretary may not provide
payments to a producer for a water conservation or irrigation
practice under this chapter unless the producer agrees not to
use any associated water savings to bring new land, other than
incidental land needed for efficient operations, under
irrigated production, except where the producer is
participating in a watershed-wide project that will effectively
conserve water, as determined by the Secretary.''.
(g) Payments for Conservation Practices Related to Organic
Production.--
(1) Payments authorized.--Section 1240B(i)(1) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-2(i)(1)) is amended by
striking ``subsection'' and inserting ``chapter''.
(2) Eligibility requirements.--Section 1240B(i)(2) of the
Food Security Act of 1985 (16 U.S.C. 3839aa-2(i)(2)) is amended
to read as follows:
``(2) Eligibility requirements.--As a condition for
receiving payments under this subsection, a producer shall
agree to develop and implement conservation practices for
certified organic production that are consistent with the
regulations promulgated under the Organic Foods Production Act
of 1990 (7 U.S.C. 6501 et seq.) and the purposes of this
chapter.''.
(3) Payment limitations; coordination with organic
certification; planning.--Section 1240B(i) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(i)) is amended--
(A) by striking paragraph (3) and redesignating
paragraphs (4) and (5) as paragraphs (5) and (6),
respectively; and
(B) by inserting after paragraph (2) the following
new paragraphs:
``(3) Coordination with organic certification.--The
Secretary shall establish a transparent means by which
producers may initiate organic certification under the Organic
Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) while
participating in a contract under this chapter.
``(4) Planning.--
``(A) In general.--The Secretary shall provide
planning assistance to producers transitioning to
certified organic production consistent with the
requirements of the Organic Foods Production Act of
1990 (7 U.S.C. 6501 et seq.) and the purposes of this
chapter.
``(B) Avoidance of duplication.--The Secretary
shall, to the maximum extent practicable, eliminate
duplication of planning activities for a producer
participating in a contract under this chapter and
initiating or maintaining organic certification
consistent with the Organic Foods Production Act of
1990 (7 U.S.C. 6501 et seq.).''.
(h) Payments for Conservation Practices Related to Antibiotic
Use.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-
2) is amended by adding at the end the following new subsection:
``(j) Payments for Conservation Practices Related to Antibiotic
Use.--
``(1) Payments authorized.--The Secretary shall provide
payments under this chapter to livestock producers for three
years, to assist in a transition to modified animal management
and production systems, for practices leading to the reduction
in the need for antibiotics, including modification of systems
and spaces to--
``(A) improve sanitation;
``(B) improve ventilation; or
``(C) support the implementation of improved animal
management techniques at the operation.
``(2) Duty of producer.--The Secretary shall not make
payments under this chapter for practices related to antibiotic
use unless the producer agrees to provide information to the
Secretary documenting the resulting reduction in antibiotic use
in the operation of the producer.''.
(i) Payments for Conservation Practices Related to Pasture-Based
Production Systems.--Section 1240B of the Food Security Act of 1985 (16
U.S.C. 3839aa-2), as amended by subsection (h), is further amended by
adding at the end the following new subsection:
``(k) Payments for Conservation Practices Related to Pasture-Based
Production Systems.--
``(1) Payments authorized.--The Secretary shall provide
payments under this subsection for conservation practices, on
some or all of the operations of a producer, related--
``(A) to pasture-based livestock or poultry
production systems in which animals--
``(i) are primarily raised on pasture,
grassland, or other vegetative environments;
``(ii) have the ability to exercise
species-specific natural behaviors;
``(iii) have access to appropriate shelter,
healthy vegetation, potable water, and adequate
protection from predators; and
``(iv) are managed under an approved
prescribed grazing plan where animals are
regularly and systematically moved to fresh
pasture in such a way as to--
``(I) maximize the quantity and
quality of forage growth;
``(II) maximize the quality of soil
fertility and tilth;
``(III) improve manure distribution
and nutrient cycling;
``(IV) increase the sequestration
of carbon dioxide;
``(V) improve the quality and
quantity of cover for wildlife and
pollinators;
``(VI) provide permanent cover to
protect the soil from erosion; and
``(VII) improve water quality and
infiltration; or
``(B) to the transition of such operation to a
pasture-based livestock or poultry production system.
``(2) Eligibility requirements.--As a condition for
receiving payments under this subsection, a producer shall
agree to implement at least 3 practices and either--
``(A) develops and carries out a grazing management
plan that includes intensive management rotational
grazing; or
``(B) develops and implements conservation
practices that are consistent with intensive rotational
grazing practices for pasture-based systems.
``(3) Payment priorities.--In determining the amount and
rate of payments under paragraph (2)(B), the Secretary may
accord great significance to practices that--
``(A) improve the quality of soil fertility and
tilth;
``(B) protect water quality;
``(C) increase the sequestration of carbon dioxide;
``(D) accelerate water infiltration; and
``(E) expand pollinator habitat and protection.''.
(j) Comprehensive Conservation Planning.--Section 1240B of the Food
Security Act of 1985 (16 U.S.C. 3839aa-2), as amended by subsection
(i), is further amended by adding at the end the following new
subsection:
``(l) Comprehensive Conservation Planning.--The Secretary shall
provide technical and financial assistance to producers under the
program to develop a comprehensive conservation plan for the
agricultural operation of the producer.''.
SEC. 5. EVALUATION OF APPLICATIONS.
(a) Evaluation Criteria.--Section 1240C(a) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-3(a)) is amended by striking ``national,
State, and local conservation priorities'' and inserting ``priority
resource concerns identified under subsection (d)''.
(b) Prioritization of Applications.--Section 1240C(b) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is amended--
(1) in paragraph (1), by striking ``achieving the
anticipated conservation benefits of the project'' and
inserting ``addressing priority resource concerns identified
under subsection (d)''; and
(2) in paragraph (2), by striking ``designated resource
concern or resource concerns'' and inserting ``priority
resource concerns identified under subsection (d), including,
in the case of applications from nutrient-impacted watersheds,
the degree to which nutrient loadings would be reduced as a
result of the proposed project''.
(c) Grouping of Applications.--Section 1240C(c) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-3(c)) is amended by striking
``for evaluation purposes or otherwise evaluate applications relative
to other applications for similar farming operations'' and inserting
``proposing to address the same priority resource concerns for
evaluation purposes''.
(d) Priority Resource Concerns.--Section 1240C of the Food Security
Act of 1985 (16 U.S.C. 3839aa-3) is amended by adding at the end the
following new subsection:
``(d) Priority Resource Concerns.--For the purposes of this
section, the Secretary shall, in consultation with the appropriate
State and local governments, identify priority resource concerns in a
particular watershed or other appropriate region or area within a
State.''.
SEC. 6. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
Section 1240E(a) of the Food Security Act of 1985 (16 U.S.C.
3839aa-5(a)) is amended to read as follows:
``(a) Plan of Operations.--To be eligible to receive payments under
the program, a producer shall submit to the Secretary for approval a
plan of operations that--
``(1) specifies the priority resource concerns to be
addressed;
``(2) specifies the type, number, and sequencing of
conservation systems, practices, or activities to be
implemented to address the priority resource concerns;
``(3) includes such terms and conditions as the Secretary
considers necessary to carry out the program, including a
description of the purposes to be met by the implementation of
the plan and a statement of how the plan will achieve or take
significant steps toward achieving the relevant resource
management system quality criteria, as determined by the
Secretary;
``(4) in the case of a confined livestock feeding
operation, provides for development and implementation of a
comprehensive nutrient management plan, if applicable;
``(5) in the case of a producer located within a nutrient-
impacted watershed, identifies methods by which the producer
will limit nutrient loss; and
``(6) in the case of forest land, is consistent with the
provisions of a forest management plan that is approved by the
Secretary, which may include--
``(A) a forest stewardship plan described in
section 5 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103a);
``(B) another practice plan approved by the State
forester; or
``(C) another plan determined appropriate by the
Secretary.''.
SEC. 7. DUTIES OF THE SECRETARY.
Section 1240F(2) of the Food Security Act of 1985 (16 U.S.C.
3839aa-6(2)) is amended by striking ``information'' and inserting
``technical assistance, information,''.
SEC. 8. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended to read as follows:
``SEC. 1240G. LIMITATION ON PAYMENTS.
``(a) Limitation on Total Payments.--Subject to subsection (b), a
person or legal entity may not receive, directly or indirectly, cost-
share or incentive payments under this chapter, in the aggregate, for
all contracts entered into under this chapter by the person or entity
(excluding funding arrangements with Indian tribes under this chapter),
regardless of the number of contracts entered into under this chapter
by the person or entity, that--
``(1) during any fiscal year exceed $40,000; and
``(2) during any five-year period exceed $200,000.
``(b) Waiver Authority.--In the case of contracts under this
chapter for projects of special environmental significance, as
determined by the Secretary, the Secretary may waive the limitation
otherwise applicable under subsection (a)(1).
``(c) Prevention of Duplication.--The Secretary shall not approve a
contract or provide payments to any individual for a practice that has
already been paid for as part of a previously approved and completed
contract for any particular parcel of land.''.
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