Sec. 2404. Soil health and income protection program
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Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1240M ( 16 U.S.C. 3839bb ) the following: In this section: The term eligible land means land that— is selected by the owner or operator of the land for proposed enrollment in the program under this section; and as determined by the Secretary— had a cropping history or was considered to be planted during the 3 crop years preceding the crop year described in subsection (b)(2); and is verified to be less-productive land, as compared to other land on the applicable farm.
The term eligible land does not include any land covered by a conservation reserve program contract under subchapter B of chapter 1 that expires during the crop year described in subsection (b)(2). The Secretary shall establish a voluntary soil health and income protection program under which eligible land is enrolled through the use of agreements to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.
Eligible land may be enrolled in the program under this section only during the first crop year beginning after the date of enactment of the Agriculture Improvement Act of 2018 . An agreement described in subsection
(b)shall— be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and provide that, during the term of the agreement— the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land; except as provided in paragraph (5), the owner or operator of the eligible land shall pay the cost of planting the conserving use cover crop under clause (i); subject to paragraph (6), the eligible land may be harvested for seed, hayed, or grazed outside the nesting and brood-rearing period established for the applicable county; the eligible land may be eligible for a walk-in access program of the applicable State, if any; and a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover. Except as provided in paragraphs
(5)and (6)(B)(ii), the annual rental rate for a payment under an agreement described in subsection
(b)shall be equal to 50 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary. Not more than 15 percent of the eligible land on a farm may be enrolled in the program under this section. Except as provided in subparagraph (B), each agreement described in subsection
(b)shall be for a term of 3, 4, or 5 years, as determined by the parties to the agreement. The Secretary may terminate an agreement described in subsection
(b)before the end of the term described in subparagraph
(A)if the Secretary determines that the early termination of the agreement is necessary. An owner and (if applicable) an operator of eligible land enrolled in the program under this section may terminate an agreement described in subsection
(b)before the end of the term described in subparagraph
(A)if the owner and (if applicable) the operator pay to the Secretary an amount equal to the amount of rental payments received under the agreement. With respect to a beginning, small, socially disadvantaged, young, or veteran farmer or rancher, as determined by the Secretary— an agreement described in subsection
(b)shall provide that, during the term of the agreement, the beginning, underserved, or young farmer or rancher shall pay 50 percent of the cost of planting the conserving use cover crop under paragraph (1)(B)(i); and the annual rental rate for a payment under an agreement described in subsection
(b)shall be equal to 75 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary. The harvesting for seed, haying, or grazing of eligible land under paragraph (1)(B)(iii) outside of the nesting and brood-rearing period established for the applicable county shall be subject to the conditions that— with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and with respect to eligible land that is so harvested for seed— the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.); and the rental payment otherwise applicable to the eligible land under this subsection shall be reduced by 25 percent. There are authorized to be appropriated such sums as are necessary to carry out this section. .
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