[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2874 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2874
To amend the Food Security Act of 1985 with respect to land
stewardship, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2018
Ms. Smith introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 with respect to land
stewardship, 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 ``Strengthening Our Investment in Land
Stewardship Act'' or the ``SOIL Stewardship Act''.
SEC. 2. COMMON PROVISIONS AND PROGRAM COORDINATION.
Subchapter A of chapter 2 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.) is amended to read as
follows:
``Subchapter A--Common Provisions and Program Coordination
``SEC. 1238. DEFINITIONS.
``In this chapter and chapter 4:
``(1) Agricultural operation.--The term `agricultural
operation' means all eligible land, regardless of whether the
eligible land is contiguous, that is--
``(A) under the effective control of a producer at
the time the producer enters into a contract under the
applicable program; and
``(B) operated with equipment, labor, management,
and production or cultivation practices that are
substantially separate from other agricultural
operations, as determined by the Secretary.
``(2) Comprehensive conservation plan.--The term
`comprehensive conservation plan' means a plan that--
``(A) identifies and inventories resources of
concern;
``(B) establishes benchmark data and stewardship
objectives;
``(C) formulates and evaluates alternative
approaches to meeting stewardship objectives for all
resources of concern;
``(D) selects among the alternatives under
subparagraph (C) and describes the particular
conservation systems, practices, activities, and
management measures to be implemented, maintained, or
improved that will enable the producer to meet
stewardship objectives for all resources of concern;
``(E) contains a schedule for the planning,
installation, maintenance, improvement, and management
of the selected conservation systems, practices,
activities, and management measures; and
``(F) contains a description and schedule for on-
farm activities to assess and evaluate the conservation
systems, practices, activities, and management measures
described in the plan.
``(3) Conservation activity.--
``(A) In general.--The term `conservation activity'
means a conservation practice, enhancement, bundle, or
plan.
``(B) Inclusions.--The term `conservation activity'
includes--
``(i) structural measures, vegetative
measures, and land management measures, as
determined by the Secretary;
``(ii) planning needed to address a
priority resource concern; and
``(iii) development of a comprehensive
conservation plan.
``(4) Eligible land.--
``(A) In general.--The term `eligible land' means--
``(i) private or Tribal land on which
agricultural commodities, livestock, or forest-
related products are produced; and
``(ii) land associated with the land
described in clause (i) on which priority
resource concerns could be addressed through a
contract under the applicable program.
``(B) Inclusions.--The term `eligible land'
includes--
``(i) cropland;
``(ii) grassland;
``(iii) rangeland;
``(iv) pasture land;
``(v) nonindustrial private forest land;
and
``(vi) other land in agricultural areas
(including cropped woodland, marshes, and
agricultural land used or capable of being used
for the production of livestock), on which
priority resource concerns relating to
agricultural production could be addressed
through a contract under the program, as
determined by the Secretary.
``(5) Priority resource concern.--The term `priority
resource concern' means a natural resource concern or problem,
as determined by the Secretary, that--
``(A) is identified at the national, State, or
local level as a priority for a particular area of a
State;
``(B) represents a significant concern in a State
or region; and
``(C) is likely to be addressed successfully
through the implementation of conservation activities
under the applicable program.
``(6) Stewardship threshold.--The term `stewardship
threshold' means the level of management required, as
determined by the Secretary, to conserve and improve the
quality and condition of a priority resource concern using--
``(A) the resource management system quality
criteria;
``(B) predictive tools;
``(C) data from past and current program
enrollments; and
``(D) other similar means to measure conservation
and improvement of the priority resource concern.
``SEC. 1238A. COMMON PROVISIONS AND PROGRAM COORDINATION.
``(a) Common Provisions.--
``(1) Streamlining and coordination.--To the maximum extent
feasible, the Secretary shall provide for streamlined and
coordinated procedures for the conservation stewardship program
established under subchapter B and the environmental quality
incentives program established under chapter 4 (referred to in
this section as the `programs'), including applications,
contracting, conservation planning, conservation practices, and
related administrative procedures.
``(2) Soil health.--To the maximum extent feasible, the
Secretary shall manage the programs to enhance soil health and
build soil carbon.
``(3) Wildlife habitat.--To the maximum extent feasible,
the Secretary shall allocate not less than 10 percent of
funding for the programs to support conservation activities
benefitting wildlife habitat.
``(4) Organic systems.--
``(A) In general.--The Secretary shall provide for
a funding allocation for each of the programs to
support organic production and transition to organic
production.
``(B) Considerations.--In determining the funding
allocation under subparagraph (A), the Secretary shall
take into consideration certified organic acres and
transitioning organic acres of each State and the State
trend line for certified organic acres and
transitioning organic acres.
``(5) Balance.--To the maximum extent feasible, the
Secretary shall provide balanced treatment for crop and
livestock production systems in the allocation of contracts for
the programs.
``(6) Active engagement.--The Secretary shall promulgate
regulations that require participants in the programs to be
actively engaged in farming or ranching.
``(b) Program Coordination.--The Secretary shall coordinate
management of the programs in a manner to facilitate the opportunity
for a participant enrolled in the environmental quality incentives
program under chapter 4 but not yet qualified to enroll in the
conservation stewardship program under subchapter B to subsequently
enroll in the conservation stewardship program once the participant has
met the stewardship threshold for not fewer than 2 priority resource
concerns.''.
SEC. 3. CONSERVATION STEWARDSHIP PROGRAM DEFINITIONS.
Section 1238D of the Food Security Act of 1985 (16 U.S.C. 3838d) is
amended to read as follows:
``SEC. 1238D. DEFINITIONS.
``In this subchapter:
``(1) Conservation stewardship plan.--The term
`conservation stewardship plan' means a plan that--
``(A) identifies and inventories priority resource
concerns;
``(B) establishes benchmark data and conservation
objectives;
``(C) describes conservation activities to be
implemented, managed, or improved; and
``(D) includes a schedule and evaluation plan for
the planning and installation of new conservation
activities and the active management of new and
existing conservation activities.
``(2) Program.--The term `program' means the conservation
stewardship program established by this subchapter.''.
SEC. 4. CONSERVATION STEWARDSHIP PROGRAM.
Section 1238E of the Food Security Act of 1985 (16 U.S.C. 3838e) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2018'' and inserting ``2023''; and
(2) in subsection (b)(2), in the matter preceding
subparagraph (A), by striking ``the Agricultural Act of 2014''
and inserting ``the SOIL Stewardship Act''.
SEC. 5. STEWARDSHIP CONTRACTS.
Section 1238F of the Food Security Act of 1985 (16 U.S.C. 3838f) is
amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Ranking of applications.--
``(A) In general.--In evaluating contract offers
submitted under subsection (a), the Secretary shall
rank applications based on--
``(i) the level of natural resource and
environmental benefits resulting from existing
conservation treatment on all applicable
priority resource concerns at the time of
application; and
``(ii) the degree to which the proposed
conservation activities effectively increase
natural resource and environmental benefits.
``(B) Tie breaker.--In the event of a tie in
ranking scores between 2 or more applications under
subparagraph (A), the Secretary shall rank applications
based on the extent to which the actual and anticipated
conservation natural resource and environmental
benefits from the contract are provided at the least
cost relative to other similarly beneficial contract
offers.'';
(2) in subsection (d)(4), by adding at the end the
following:
``(C) New acreage.--If, after entering into a
contract, a producer adds new acreage to the
agricultural operation, the producer may elect to add
the acreage to the stewardship contract during the term
of the current stewardship contract, if the Secretary
determines the additional acreage and conservation
treatment of those acres increases the natural resource
and environmental benefits of the contract.''; and
(3) by striking subsection (e) and inserting the following:
``(e) Contract Renewal.--At the end of each 5-year contract period,
the Secretary may allow the producer to renew the contract for
additional 5-year periods if the producer--
``(1) demonstrates compliance with the terms of the
previous contract;
``(2) agrees to adopt new or improved conservation
activities across the entire agricultural operation,
demonstrating continual improvement, as determined by the
Secretary; and
``(3) agrees, by the end of the contract period--
``(A) to plan, install, maintain, and actively
manage such conservation activities as will allow the
producer to meet or exceed the stewardship threshold of
not fewer than 2 additional priority resource concerns;
or
``(B) to adopt or improve such conservation
activities as the Secretary determines to be necessary
to achieve higher levels of performance with respect to
not fewer than 2 existing priority resource concerns
specified by the Secretary in the initial contract.''.
SEC. 6. DUTIES OF THE SECRETARY.
Section 1238G of the Food Security Act of 1985 (16 U.S.C. 3838g) is
amended--
(1) in subsection (a)(2), by striking ``not less than 5'';
(2) in subsection (c)(2)--
(A) by striking ``$18'' and inserting ``$23''; and
(B) by inserting ``including supplemental payments
under subsection (e), payments for cover crop
activities under subsection (d), and payments for
comprehensive conservation planning under subsection
(f),'' after ``financial assistance,'';
(3) in subsection (d)--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``, to the maximum extent
practicable,'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Payments for cover crop activities.--Any annual
payment provided by the Secretary under this subchapter that is
for a cover crop activity, as determined by the Secretary,
shall be in an amount that is not less than 125 percent of the
amount that would have been paid under paragraph (2).
``(4) Minimum payment.--A payment to a producer under this
subsection shall not be less than $1,500 per year.''; and
(D) in paragraph (6) (as so redesignated), by
striking subparagraph (A) and inserting the following:
``(A) calculate and provide payments for existing
activities, additional activities, and supplemental
payments, as described under subsection (e); and'';
(4) by striking subsection (e) and inserting the following:
``(e) Supplemental Payments for Resource-Conserving Crop Rotations
and Managed Intensive Rotational Grazing.--
``(1) Definitions.--In this subsection:
``(A) Managed intensive rotational grazing.--The
term `managed intensive rotational grazing' means a
grazing system in which animals are regularly and
systematically moved to fresh pasture in such a way
as--
``(i) to maximize the quantity and quality
of forage growth;
``(ii) to improve manure distribution and
nutrient cycling;
``(iii) to increase carbon sequestration
from greater forage harvest;
``(iv) to improve the quality and quantity
of cover for wildlife;
``(v) to provide permanent cover to protect
the soil from erosion; and
``(vi) to improve water quality.
``(B) Resource-conserving crop rotation.--The term
`resource-conserving crop rotation' means a crop
rotation that--
``(i) includes not fewer than 1 resource-
conserving crop (as defined by the Secretary);
``(ii) reduces erosion;
``(iii) improves soil fertility and tilt;
``(iv) interrupts pest cycles;
``(v) builds soil carbon; and
``(vi) in applicable areas, reduces
depletion of soil moisture or otherwise reduces
the need for irrigation.
``(2) Availability of payments.--The Secretary shall
provide additional payments to producers that, in participating
in the program, agree to adopt, manage, and maintain, or
improve, manage, and maintain--
``(A) resource-conserving crop rotations; or
``(B) managed intensive rotational grazing.
``(3) Eligibility.--To be eligible to receive a payment
under paragraph (2), a producer shall agree to adopt, manage,
and maintain or improve, maintain, and manage, resource-
conserving crop rotations, or managed intensive rotational
grazing for the term of the contract.
``(4) Minimum payment.--Supplemental payments under this
subsection shall not be less than $20 per acre.'';
(5) by redesignating subsections (f), (g), (h), and (i) as
subsections (g), (h), (i), and (j), respectively;
(6) by inserting after subsection (e) the following:
``(f) Payment for Comprehensive Conservation Planning.--
``(1) In general.--In the case of a producer who develops
and implements a comprehensive conservation plan to address all
priority resource concerns in a manner that meets or exceeds
the stewardship thresholds, a payment for planning shall be not
less than $1,000 and not more than $3,000 per year.
``(2) Payment.--A payment under paragraph (1) shall be set
on a sliding scale, determined by the following factors:
``(A) The number of resource concerns addressed in
the comprehensive conservation plan.
``(B) The number of eligible land use types
included in the operation.'';
(7) in subsection (g) (as so redesignated)--
(A) by inserting ``, including joint operations,''
after ``legal entity'' the first place it appears;
(B) by striking ``in the aggregate'' and inserting
``when combined with payments for management practices
under the environmental quality incentives program
established under chapter 4''; and
(C) by striking ``2018'' and inserting ``2023'';
(8) by striking subsection (i) (as so redesignated) and
inserting the following:
``(i) Organic Certification.--
``(1) Coordination.--The Secretary shall establish a
coordinated, user-friendly, and transparent means by which
producers may initiate or maintain organic certification under
the Organic Foods Production Act of 1900 (7 U.S.C. 6501 et
seq.) while participating in a contract under the program.
``(2) Transition.--The Secretary shall establish suites of
organic transition conservation activities to be available
through the program.''; and
(9) in subsection (j) (as so redesignated)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) require participants in the program to be actively
engaged in farming or ranching;''; and
(C) in paragraph (2) (as so redesignated), by
striking ``subsection (f)'' and inserting ``subsection
(g)''.
SEC. 7. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PURPOSES.
Section 1240(4) of the Food Security Act of 1985 (16 U.S.C.
3839aa(4)) is amended by striking ``livestock, pest or irrigation
management'' and inserting ``crops and livestock, pest management, or
irrigation management''.
SEC. 8. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1)
is amended to read as follows:
``SEC. 1240A. DEFINITIONS.
``In this chapter:
``(1) Development practice.--The term `development
practice' means the construction or installation of a
structure, facility, or equipment, or another related activity
that is consistent with the purposes of the program, as
determined by the Secretary.
``(2) Payment.--The term `payment' means financial
assistance provided to a producer for performing practices,
including compensation for--
``(A) incurred costs associated with planning,
design, materials, equipment, installation, labor,
management, maintenance, or training;
``(B) income forgone by the producer; and
``(C) expected conservation benefit.
``(3) Practice.--The term `practice' means 1 or more
conservation activities that are consistent with the purposes
of the program, as determined by the Secretary, including--
``(A) improvements to eligible land of the
producer, including--
``(i) land management practices;
``(ii) vegetative practices;
``(iii) forest management; and
``(iv) other practices that the Secretary
determines would further the purposes of the
program; and
``(B) the development of plans appropriate for the
eligible land of the producer, including--
``(i) comprehensive nutrient management
planning;
``(ii) comprehensive conservation planning;
and
``(iii) other plans that the Secretary
determines would further the purposes of the
program.
``(4) Program.--The term `program' means the environmental
quality incentives program established by this chapter.''.
SEC. 9. ESTABLISHMENT AND ADMINISTRATION.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2)
is amended--
(1) in subsection (a), by striking ``2019'' and inserting
``2023'';
(2) in subsection (b)(2), by striking ``10 years'' and
inserting ``5 years'';
(3) in subsection (d)--
(A) in paragraph (2), by striking subparagraph (A)
and inserting the following:
``(A)(i) for practices that are not development
practices, 75 percent of the costs associated with
planning, design, materials, equipment, installation,
labor, management, maintenance, or training; or
``(ii) for development practices, except as
provided in subsection (h)(3), 50 percent of the costs
associated with planning, design, materials,
installation, management, maintenance, or training;'';
and
(B) in paragraph (4)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i)(I) for practices that are not
development practices, to not more than 90
percent of the costs associated with planning,
design, materials, equipment, installation,
labor, management, maintenance, or training; or
``(II) for development practices, to not
more than 75 percent of the costs associated
with the planning, design, materials,
equipment, installation, labor management,
maintenance, or training;''; and
(ii) in subparagraph (B)(i), by striking
``may be provided'' and inserting ``shall be
provided'';
(4) in subsection (h)--
(A) in paragraph (1), by striking ``water
conservation or irrigation practice'' and inserting
``water-conserving irrigation practice''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Priority.--In providing payments to a producer for a
development practice that is a water conservation or irrigation
practice, the Secretary shall give priority to applications in
which--
``(A) consistent with the law of the State in which
the eligible land of the producer is located, the
producer agrees to reduce water use in the operations
of the producer; or
``(B) 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, unless the producer is participating in a
watershed-wide project that will effectively conserve
water, as determined by the Secretary.
``(3) Payment rate.--Applications given priority under
paragraph (2) shall be subject to the payment rate described in
subsection (d)(2)(A)(i).''; and
(5) in subsection (i)--
(A) by striking paragraph (2) and inserting the
following:
``(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.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
SEC. 10. 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) Total Payments.--A person or legal entity may not receive,
directly or indirectly, payments under this chapter and chapter 2 that,
in the aggregate, exceed $450,000 for all contracts entered into under
this chapter and chapter 2 by the person or legal entity during the
period of fiscal years 2019 through 2023, regardless of the number of
contracts entered into under this chapter by the person or legal
entity.
``(b) Management Payments.--A person or legal entity may not
receive, directly or indirectly, payments under the management
component of this chapter and chapter 2 that, in aggregate, exceed
$200,000 for all contracts entered into under the management component
of this chapter and chapter 2 by the person or legal entity during the
period of fiscal years 2019 through 2023, regardless of the number of
contracts entered into under this chapter by the person or legal
entity.''.
SEC. 11. COMMODITY CREDIT CORPORATION.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended--
(1) in subsection (a)(5), by striking ``practicable--'' and
all that follows through the period at the end of subparagraph
(E) and inserting ``practicable, $1,750,000,000 for each fiscal
year through fiscal year 2023, including not less than
$500,000,000 for each fiscal year for management activities
that assist producers in protecting sources of drinking
water.'';
(2) in subsection (h)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``2009 through 2018'' and
inserting ``2019 through 2023'';
(ii) in subparagraph (A), by striking ``5
percent'' and inserting ``15 percent''; and
(iii) in subparagraph (B), by striking ``5
percent'' and inserting ``15 percent'';
(B) by redesignating paragraphs (2), (3), and (4),
as paragraphs (4), (5), and (6), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Wildlife.--Of the funds made available for each of
fiscal years 2019 through 2023 to carry out the environmental
quality incentives program and the acres made available for
each of those fiscal years to carry out the conservation
stewardship program, the Secretary shall use not less than 10
percent for conservation activities that support the
restoration, development, protection, and improvement of
wildlife habitat on eligible land, including--
``(A) upland wildlife habitat;
``(B) wetland wildlife habitat;
``(C) habitat for threatened and endangered
species;
``(D) fish habitat;
``(E) wildlife habitat on pivot corners and other
irregular areas of a field; and
``(F) other types of wildlife habitat, as
determined by the Secretary.
``(3) Organic.--Of the funds made available for each of
fiscal years 2019 through 2023 to carry out the environmental
quality incentives program and the acres made available for
each of those fiscal years to carry out the conservation
stewardship program, the Secretary shall allocate funding to
the States to support organic production and the transition to
organic production, to be determined by each State's--
``(A) certified and transitioning organic
operations;
``(B) organic acreage; and
``(C) 2016 organic and transitioning participation
in the environmental quality incentives program.'';
(D) in paragraph (4) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``paragraphs
(1), (2), and (3)''; and
(E) in paragraph (5) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``paragraphs
(1), (2), and (3)''; and
(3) in subsection (i)(2), by striking ``pursuant to section
1240G(b)'' and inserting ``by the Secretary''.
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