Sec. 4. Modifications to conservation reserve enhancement program
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Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1231 ( 16 U.S.C. 3831 ) the following: In this section: The term eligible land means land that is eligible to be included in the program established under this subchapter. The term management means an activity conducted by an owner or operator after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice— throughout the term of a contract entered into under this subchapter; and consistent with the conservation plan that covers the eligible land.
The term program means a conservation reserve enhancement program carried out under an agreement under subsection (b)(1). The Secretary may enter into an agreement with a State or an Indian tribe to carry out a conservation reserve enhancement program— to assist in enrolling eligible land in the program established under this subchapter; and that the Secretary determines will advance the purposes of this subchapter. An agreement entered into under paragraph
(1)shall describe— one or more specific State or nationally significant conservation concerns to be addressed by the agreement; quantifiable environmental goals for addressing the concerns under subparagraph (A); a suitable acreage goal for enrollment of eligible land under the agreement; the location of eligible land to be enrolled under the agreement; the payments to be offered by the Secretary and State or Indian tribe, as applicable, to an owner or operator; and an appropriate list of conservation reserve program conservation practice standards, including any modifications to the practice standards, that are appropriate to meeting the State and nationally significant conservation concerns described under subparagraph (A), as determined by the Secretary. Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subchapter. To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before the date of enactment of this section under the Conservation Reserve Enhancement Program established by the Secretary under this subchapter. Any matching requirement under a program shall be satisfied by cash funding or in-kind contributions. The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a program reflect the fair market value of the cost of installation. On request of an owner or operator, the Secretary shall provide cost-share and practice incentive payments when a major conservation practice component is completed under a program, as determined by the Secretary. In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible conservation practice, the Secretary shall make cost-share payments to encourage the regular management of the forested riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land. The amount of payments received by an owner or operator under subparagraph
(A)shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under section 1261(a). In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible conservation practice, the Secretary shall allow an owner or operator— to plant food-producing woody plants in the forested riparian buffers, on the conditions that— the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and the planting shall be consistent with— recommendations of the applicable State technical committee established under section 1261(a); and technical guide standards of the applicable field office of the Natural Resources Conservation Service; and to harvest from plants described in subparagraph (A), on the conditions that— the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the program; and only native plant species appropriate to the region shall be used within 35 feet of the watercourse. For the purpose of enrolling forested riparian buffers in a program, the Administrator of the Farm Service Agency, in consultation with the Chief of the Forest Service— shall provide funds for technical assistance directly to a State forestry agency; and is encouraged to partner with a nongovernmental organization— to make recommendations for conservation practices under the program; to provide technical assistance necessary to carry out the conservation practices recommended under clause (i); and to implement riparian buffers by— pooling and submitting applications on behalf of owners and operators in a specific watershed; and carrying out management activities for the duration of the program. To the maximum extent practicable, the Secretary shall enroll not less than 3,000,000 acres of eligible land under this subchapter by September 30, 2023. Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a report that describes, with respect to each agreement entered into under subsection (b)(1)— the status of the agreement; the purposes and objectives of the agreement; the Federal commitments made under the agreement; and the progress made in fulfilling those commitments. . Section 1234(g) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g) ) is amended— by striking in the subsection heading and all that follows through Payment The total in paragraph
(1)and inserting ; and Payments .—The total by striking paragraph (2). Section 1240R(c)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5(c)(3) ) is amended by striking a special conservation reserve enhancement program described in section 1234(f)(4) and inserting the Conservation Reserve Enhancement Program under section 1231A . Section 1244(f)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3844(f)(3) ) is amended by striking subsection (d)(2)(A)(ii) or (g)(2) of section 1234 and inserting section 1231A or 1234(d)(2)(A)(ii) .
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- 16 USC 3839bb–5(c)(3)
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Sec. 4
Modifications to conservation reserve enhancement program
Cite16 USC 3839bb–5(c)(3)
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