Sec. 2103. Duties of the Secretary
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Section 1233(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3833(a)(1) ) is amended by inserting , including the cost of fencing and other water distribution practices, if applicable after interest . Section 1233(b) of the Food Security Act of 1985 ( 16 U.S.C. 3833(b) ) is amended— by striking paragraphs (1), (2), (3), and (5); by redesignating paragraph
(4)as subparagraph
(C)and indenting appropriately; by inserting before subparagraph
(C)(as so redesignated) the following: harvesting, grazing, or other commercial use of the forage, without any reduction in the rental rate, in response to— drought; flooding; a state of emergency caused by drought or wildfire— that is declared by the Governor, in consultation with the State Committee of the Farm Service Agency, of the State in which the land that is subject to a contract under the conservation reserve program is located; that covers any part of the State or the entire State; and the declaration of which under subclause
(I)is not objected to by the Secretary during the 5 business days after the date of declaration; or any other emergency, as determined by the Secretary; ; in the matter preceding subparagraph
(B)(as so designated), by striking The Secretary and inserting the following: The Secretary ; in paragraph
(1)(as so designated)— by inserting before subparagraph
(B)(as so designated) the following: consistent with the conservation of soil, water quality, and wildlife habitat— managed harvesting and other commercial use (including the managed harvesting of biomass), in exchange for a reduction in the annual rental rate of 25 percent for the acres covered by the activity, except that in permitting those activities, the Secretary, in consultation with the State technical committee established under section 1261(a) for the applicable State, shall— develop appropriate vegetation management requirements; subject harvesting to restrictions during the primary nesting season for birds in the area, as determined by the Secretary, in consultation with the State technical committee; not allow harvesting to occur more frequently than once every 3 years on the same land; and not allow more than 1/3 of the acres covered by all of the conservation reserve program contracts of the owner or operator to be harvested during any year; and grazing, in exchange for a reduction in the annual rental rate of 25 percent for the acres covered by the activity, except that in permitting that grazing, the Secretary, in consultation with the State technical committee established under section 1261(a) for the applicable State, shall— develop appropriate vegetation management requirements and stocking rates, based on stocking rates under the livestock forage disaster program established under section 1501(c) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c) ) (referred to in this subsection as the livestock forage disaster program ), for the land that are suitable for continued grazing; identify the periods during which grazing may be conducted, taking into consideration regional differences, such as— climate, soil type, and natural resources; the appropriate frequency and duration of grazing activities; and how often during a year in which grazing is permitted that grazing should be allowed to occur; not allow grazing to occur more frequently than once every 3 years on the same land; in the case of a conservation reserve program contract that covers more than 20 acres, not allow more than 1/3 of the acres covered by all of the conservation reserve program contracts of the owner or operator to be grazed during any year; or in the case of a conservation reserve program contract that covers less than or equal to 20 acres, allow grazing on all of the land covered by the contract at 25 percent of the stocking rate permitted under the livestock forage disaster program; and allow a veteran or beginning farmer or rancher to graze livestock without any reduction in the rental rate; and ; and in subparagraph
(C)(as so redesignated), by striking ; and and inserting a period; and by adding at the end the following: Paragraph (1)(A) shall be subject to the following restrictions and conditions: Land located in a county that has been rated by the United States Drought Monitor as having a D2 (severe drought) or greater intensity for not less than 1 month during the normal grazing period established under the livestock forage disaster program for the 3 previous consecutive years shall be ineligible for harvesting or grazing under paragraph (1)(A) for that year. The Secretary, in coordination with the applicable State technical committee established under section 1265(a), may determine for any year that harvesting or grazing under paragraph (1)(A) shall not be permitted on land subject to a contract under the conservation reserve program in a particular county if harvesting or grazing for that year would cause long-term damage to the vegetative cover on that land. The Secretary, in consultation with the State technical committee established under section 1261(a) for the applicable State, may allow grazing or harvesting in accordance with paragraph (1)(A) on land covered by a contract enrolled under the State acres for wildlife enhancement program established by the Secretary or established under section 1231(j) through the duration of that contract, if grazing or harvesting is specifically permitted under the applicable State acres for wildlife enhancement program agreement for that contract. The Secretary, in consultation with the State technical committee established under section 1261(a) for the applicable State, may allow grazing or harvesting under paragraph (1)(A) to be conducted on land covered by a contract enrolled under the conservation reserve enhancement program established by the Secretary under this subchapter or under section 1231A, if grazing or harvesting is specifically permitted under the applicable conservation reserve enhancement program agreement for that contract. . Section 1233 of the Food Security Act of 1985 ( 16 U.S.C. 3833 ) is amended by adding at the end the following: The Secretary, in consultation with the State technical committee established under section 1261(a) for the applicable State, may permit harvesting and grazing in accordance with subsection
(b)on any land subject to a contract under the conservation reserve program. The Secretary, in coordination with the applicable State technical committee established under section 1261(a), may determine for any year that harvesting or grazing described in paragraph
(1)shall not be permitted on land subject to a contract under the conservation reserve program in a particular county, or under a particular practice, if harvesting or grazing for that year in that county or under that practice, as applicable, would cause long-term damage to vegetative cover on that land. .
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