Sec. 4. Establishment and administration

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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 . 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 . Section 1240B(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(c) ) is amended to read as follows: 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. .

Section 1240B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d) ) is amended— in paragraph (2)— in subparagraph (B), by striking or at the end; in subparagraph (C)(ii), by striking the period at the end and inserting ; or ; and by adding at the end the following: 50 percent of the cost of a practice that substantially benefits the producer, as determined by the Secretary. ; and by adding at the end the following: 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. .

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: 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— residue and tillage management; contour farming; cover cropping; integrated pest management; nutrient management; stream corridor improvement; invasive plant species control; contour buffer strips; riparian herbaceous and forest buffers; filter strips; stream habitat improvement and management; grassed waterways; wetland restoration and enhancement; pollinator habitat; or conservation crop rotation. .

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: 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. . Section 1240B(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(f) ) is amended to read as follows:

Of the funds made available for payments for each of fiscal years 2019 through 2023— not less than 10 percent shall be targeted at practices relating to improvement of fish and wildlife habitat; and not less than 5 percent shall be provided to producers who participate in an 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:

The standards’ protocols are made public. 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. Routine caging, crating or tethering of animals is prohibited. Auditors have no vested or financial interest in audit outcomes. 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. .

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: 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— improvements to irrigation systems; enhancement of irrigation efficiencies; conversion of the agricultural operation to— the production of less water-intensive agricultural commodities; or dryland farming; improvement of the storage of water through measures such as water banking and groundwater recharge; enhancement of fish and wildlife habitat associated with irrigation systems, including pivot corners and areas with irregular boundaries; enhancement of frost protection methods to— mitigate damage to fish and wildlife habitat; enhance water efficiency; or promote alternative frost protection methods that do not rely on ground and surface water; and establishment of other measures, as determined by the Secretary, that improve groundwater and surface water conservation in agricultural operations. .

Section 1240B(h)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(h)(2) ) is amended— in subparagraph (A), by striking ; or and inserting ; and ; and by amending subparagraph

(B)to read as follows: any associated water savings remain in the original source of such water for the useful life of the practice. . 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: 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. . 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 . 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: 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. . Section 1240B(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(i) ) is amended— by striking paragraph

(3)and redesignating paragraphs

(4)and

(5)as paragraphs

(5)and (6), respectively; and by inserting after paragraph

(2)the following new paragraphs: 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. 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. 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.). . 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: 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— improve sanitation; improve ventilation; or support the implementation of improved animal management techniques at the operation. 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. . 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: The Secretary shall provide payments under this subsection for conservation practices, on some or all of the operations of a producer, related— to pasture-based livestock or poultry production systems in which animals— are primarily raised on pasture, grassland, or other vegetative environments; have the ability to exercise species-specific natural behaviors; have access to appropriate shelter, healthy vegetation, potable water, and adequate protection from predators; and are managed under an approved prescribed grazing plan where animals are regularly and systematically moved to fresh pasture in such a way as to— maximize the quantity and quality of forage growth; maximize the quality of soil fertility and tilth; improve manure distribution and nutrient cycling; increase the sequestration of carbon dioxide; improve the quality and quantity of cover for wildlife and pollinators; provide permanent cover to protect the soil from erosion; and improve water quality and infiltration; or to the transition of such operation to a pasture-based livestock or poultry production system. As a condition for receiving payments under this subsection, a producer shall agree to implement at least 3 practices and either— develops and carries out a grazing management plan that includes intensive management rotational grazing; or develops and implements conservation practices that are consistent with intensive rotational grazing practices for pasture-based systems. In determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great significance to practices that— improve the quality of soil fertility and tilth; protect water quality; increase the sequestration of carbon dioxide; accelerate water infiltration; and expand pollinator habitat and protection. . 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: 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. .

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U.S. Code

Purposes
§ 6501

13 references not yet in our index

16 USC 3839aa–2(a)
16 USC 3839aa–2(b)(2)(B)
16 USC 3839aa–2(c)
16 USC 3839aa–2(d)
16 USC 3839aa–2(d)(3)
16 USC 3839aa–2(f)
16 USC 3839aa–2(h)(1)
16 USC 3839aa–2(h)(2)
16 USC 3839aa–2(h)
16 USC 3839aa–2(i)(1)
16 USC 3839aa–2(i)(2)
16 USC 3839aa–2(i)
16 USC 3839aa–2

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cites case law

Sec. 4

Establishment and administration

U.S.C.§ 6501

Cite16 USC 3839aa–2(a)

Cite16 USC 3839aa–2(b)(2)(B)

Cite16 USC 3839aa–2(c)

Cite16 USC 3839aa–2(d)

Cite16 USC 3839aa–2(d)(3)

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