Sec. 2106. Payments
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Section 1234(b) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b) ) is amended— by amending paragraph
(1)to read as follows: In making cost sharing payments to an owner or operator under a contract entered into under this subchapter, the Secretary shall pay 50 percent of the cost of, as the Secretary determines appropriate and in the public interest— establishing permanent vegetation, including site preparation, cover, fertilizer, seeding, and planting; carrying out erosion control practices necessary to stabilize the site for vegetation established under subparagraph (A); installing fencing to protect riparian areas and buffers; carrying out water development practices associated with excluding livestock from protected riparian areas; installing fencing and carrying out water development practices to facilitate transition to livestock grazing on lands enrolled under the grasslands enrollment option; conducting the necessary and appropriate mid-contract management activities to maintain the permanent cover and associated benefits; and carrying out other water quality conservation measures and practices. ; in paragraph (2)— in subparagraph (B)— in the heading, by inserting after or haying ; and grazing by inserting for grazing livestock or harvesting hay before pursuant to ; and in subparagraph (C), by inserting made by the Secretary before under this subchapter ; in paragraph (3), by striking the conservation reserve enhancement program under section 1231A and inserting section 1231A ; and by striking paragraph (4). Section 1234(c) of the Food Security Act of 1985 ( 16 U.S.C. 3834(c) ) is amended to read as follows: In addition to the cost sharing payment described in subsection (b), the Secretary shall make a practice incentive payment to an owner or operator of eligible land enrolled under the continuous enrollment option, or of eligible land described in section 1231(b)(2) (and any associated eligible land described in section 1231(b)(5)) and enrolled under the partnership initiatives enrollment option, in an amount not to exceed 50 percent of the actual cost of establishing all measures and practices described in subsection (b)(1), including seed costs related to the establishment of cover, as determined by the Secretary. In addition to the annual rental payment under subsection (d), the Secretary may make an incentive payment to an owner or operator for enrolling environmentally sensitive eligible land in the conservation reserve to implement or establish a qualifying practice. The Secretary shall— for purposes of subparagraph (A), establish an incentive payment amount for each contract with an owner or operator that does not exceed 50 percent of the first annual rental payment made to the owner or operator under subsection
(d)for the eligible land; and make any incentive payment under subparagraph
(A)concurrent with such first annual rental payment. In this paragraph, the term qualifying practice means a practice the implementation or establishment of which is appropriate to encourage on environmentally sensitive eligible land— as determined by the Secretary, in consultation with the applicable State technical committee, for environmentally sensitive eligible land enrolled under the continuous enrollment option; or as identified in an agreement under section 1231A, for environmentally sensitive eligible land enrolled pursuant to such agreement. Using funds made available under section 1241(a)(1)(A), the Secretary may make incentive payments to an owner or operator of eligible land in an amount sufficient to encourage proper thinning and other practices to improve the condition of resources, promote forest management, or enhance wildlife habitat on the land. A payment described in subparagraph
(A)may not exceed 100 percent of the total cost of thinning and other practices conducted by the owner or operator. The Secretary shall reduce the amount of a payment under subparagraph
(A)by an amount that is equal to any income received by the owner or operator as a result of the thinning or other practice, as determined by the Secretary. . Section 1234(d)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(d)(1) ) is amended— by striking highly erodible cropland or other eligible lands each place it appears and inserting eligible land ; and by striking the program established by this subchapter and inserting the conservation reserve program . Section 1234(d)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3834(d)(2) ) is amended— by amending subparagraph
(B)to read as follows: Notwithstanding subparagraph (A), if land subject to a contract entered into under this subchapter is reenrolled pursuant to section 1231(g), the annual rental payment shall be in an amount that is not more than the applicable percentage of the relevant county average soil rental rate for the year in which the reenrollment occurs (as determined under paragraph (4)(E)). For purposes of clause (i), the applicable percentage shall be— for the first reenrollment that occurs after the date of enactment of the Farm, Food, and National Security Act of 2024 , 85 percent; and for each subsequent reenrollment, the percentage that is 10 percentage points less than the percentage that was applicable to the preceding reenrollment. The limitations on annual rental payments under clauses
(i)and
(ii)may be waived or modified as part of the negotiation between the Secretary and an eligible partner to enter into an agreement under section 1231A. ; in subparagraph (C), by striking subparagraph
(A)and inserting subparagraphs
(A)and
(B); and by striking subparagraph (D). Section 1234(d)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3834(d)(3) ) is amended— by amending subparagraph
(A)to read as follows: In determining the acceptability of contract offers, the Secretary shall— with the advice of the applicable State technical committee, take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, or wildlife habitat or provide other environmental benefits; and ensure, to the maximum extent practicable, an equitable balance among the conservation purposes of soil erosion, water quality, and wildlife habitat. ; by amending subparagraph
(B)to read as follows: The Secretary, with the advice of the applicable State technical committee, shall establish different criteria for determining the acceptability of contract offers in various States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated. ; by redesignating subparagraph
(C)as subparagraph (E); and by inserting after subparagraph
(B)the following: In carrying out this paragraph, the Secretary shall, to the extent practicable, maximize water quality and habitat benefits in conservation priority areas designated under section 1231(f) by promoting a significant level of enrollment of land within such areas in the conservation reserve by— giving additional weight to applications for the enrollment of land within such areas that will maximize water quality and habitat benefits; holding a signup and enrollment under the general enrollment option and the grasslands enrollment option specific to the designated areas; or whatever other means the Secretary determines are appropriate and consistent with the purposes of this subchapter. In carrying out this paragraph, the Secretary, in consultation with the applicable State technical committee, shall give priority to contract offers for enrollment under the grasslands enrollment option for eligible land— that has previously been enrolled under the general enrollment option, the continuous enrollment option, or the partnership initiatives enrollment option; with established cover that supports conservation objectives for a conservation priority area designated under section 1231(f); and enrollment of which under the grasslands enrollment option will extend the protection of the established cover as an alternative to cropping. . Section 1234(d)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3834(d)(4) ) is amended— in subparagraph (C), by striking as a factor ; in subparagraph (D)— in the header, by striking and inserting fsa offices and crep ; offices and by amending clause
(i)to read as follows: The Secretary shall, prior to finalizing a new soil rental rate, provide a period of not fewer than 60 days for the County Operating Committees of the Farm Service Agency, State Committees of the Farm Service Agency, State conservationists, conservation districts, State technical committees established under section 1261(a), and eligible partners to review such rate and concur or propose an alternative soil rental rate, on the condition that documentation described in clause
(ii)is provided to support the proposed alternative. ; by redesignating clause
(iii)as clause (iv); and by inserting after clause
(ii)the following: The Secretary shall accept and finalize an alternative soil rental rate proposed in accordance with clause
(i)unless the Secretary finds that such alternative rate is not appropriate, and publishes such finding on a publicly accessible website, including a justification for such finding. ; and by amending subparagraph
(E)to read as follows: The county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed— for eligible land consisting of soils with a dryland cropland land capability class of I or II that is enrolled under the general enrollment option, 85 percent of the estimated rental rate determined under this paragraph; for eligible land consisting of soils with a dryland cropland land capability class of III that is enrolled under the general enrollment option, 100 percent of the estimated rental rate determined under this paragraph; for eligible land consisting of soils with a dryland cropland land capability class of IV through VII that is enrolled under the general enrollment option, 115 percent of the estimated rental rate determined under this paragraph; and for eligible land enrolled under the continuous enrollment option, 100 percent of the estimated rental rate determined under this paragraph, without regard to the land capability class of the soil. For eligible land enrolled under the partnership initiatives enrollment option, the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed— for eligible land consisting of soils with a dryland cropland land capability class of I or II, 85 percent of the estimated rental rate determined under this paragraph; for eligible land consisting of soils with a dryland cropland land capability class of III, 100 percent of the estimated rental rate determined under this paragraph; for eligible land consisting of soils with a dryland cropland land capability class of IV through VII, 115 percent of the estimated rental rate determined under this paragraph; and for eligible land that would otherwise be enrolled under the continuous enrollment option, 100 percent of the estimated rental rate determined under this paragraph, without regard to the land capability class of the soil. . Section 1234(e)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3834(e)(2) ) is amended by striking Payments and inserting As the Secretary determines appropriate, payments . Section 1234(g)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g)(1) ) is amended by striking $50,000 and inserting $125,000 .
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