Sec. 307. Conservation compliance
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Section 1201(a)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(3) ) is amended— by striking highly erodible each place it appears; and in subparagraph (B), by striking and conservation treatment measures and inserting crop rotation and cover crop systems, and other relevant conservation treatment measures . Section 1201(a)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(4) ) is amended— in subparagraph (A), by striking ; and and inserting a semicolon; in subparagraph (B)— by striking or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland and inserting and a substantial improvement in soil health conditions (including soil carbon levels) on a field or group of fields containing cropland ; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: are designed to achieve, within five years of actively applying a conservation plan, a level of erosion not to exceed twice the soil loss tolerance level; and are designed to effectively prevent the formation of new, or treat all existing, ephemeral gullies. .
Section 1201(a)(11)(A)(ii) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(11)(A)(ii) ) is amended by striking excessive average annual rate of erosion in relation to and inserting average annual rate of erosion exceeding twice . Section 1211 of the Food Security Act of 1985 ( 16 U.S.C. 3811 ) is amended— in subsection (a)— in the matter preceding paragraph (1), by striking produces an agricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity, as determined by the Secretary and inserting carries out an activity described in subsection (b), as determined by the Secretary, ; and in paragraph (1)(D), by inserting cropland or before highly erodible land ; and by striking subsection
(b)and inserting the following: Activities described in this subsection are— the production of an agricultural commodity on a field on which highly erodible land is predominant; the designation of land on which highly erodible land cropland is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity; and the production of an agricultural commodity without having in place a conservation plan. The Secretary shall have, and shall not delegate to any private person or entity, authority to determine whether a person has complied with this subtitle. . Section 1212 of the Food Security Act of 1985 ( 16 U.S.C. 3812 ) is amended— in subsection (a)(3), by striking only be required to apply a conservation plan established under this subtitle. The person shall not be required to meet a higher conservation standard than and inserting be required to apply a conservation plan established under this subtitle consistent with ; and in subsection (f)(4)(A)— in clause (i), by striking highly erodible ; and in clause (ii)(II), by inserting and soil health after erosion control . Subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3810 et seq.) is amended in the subtitle heading by striking and inserting Highly Erodible Land . Cropland
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- 16 USC 3810
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