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Code · STATUTE-COMPILATIONS · Agriculture Improvement Act of 2018 · Sec. 2201

Sec. 2201. CONSERVATION RESERVE

1,903 words·~9 min read·/statute-compilations/comps-15214/sec-2201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 2201 CONSERVATION RESERVE ###
(a)In General Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking “2018” and inserting “2023”. ###
(b)Eligible Land Section 1231(b) of the Food Security Act of 1985 (16 U.S.C. 3831(b)) is amended— ####
(1)in paragraph (1)(B), by striking “Agricultural Act of 2014 (except for land enrolled in the conservation reserve program as of that date)” and inserting “Agriculture Improvement Act of 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program”; ####
(2)by redesignating paragraphs
(4)and
(5)as paragraphs
(5)and (6), respectively; ####
(3)by inserting after paragraph
(3)the following: > > #### “(4) > > cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to— > > > ##### “(A) > > a grass sod waterway; > > > ##### “(B) > > a contour grass sod strip; > > > ##### “(C) > > a prairie strip; > > > ##### “(D) > > a filterstrip; > > > ##### “(E) > > a riparian buffer; > > > ##### “(F) > > a wetland or a wetland buffer; > > > ##### “(G) > > a saturated buffer; > > > ##### “(H) > > a bioreactor; or > > > ##### “(I) > > another similar water quality practice, as determined by the Secretary;” > ; ####
(4)in paragraph
(5)(as so redesignated)— #####
(A)in subparagraph (C), by striking “or filterstrips or riparian buffers devoted to trees, shrubs, or grasses” and inserting “salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas”; and #####
(B)in subparagraph (E), by striking “or” after the semicolon; ####
(5)in paragraph
(6)(as so redesignated), in subparagraph (B)(ii), by striking the period at the end and inserting “; or”; and ####
(6)by adding at the end the following: > > #### “(7) > > as determined by the Secretary, land— > > > ##### “(A) > > that was enrolled in the conservation reserve program under a 15-year contract that expired on September 30, 2017, or September 30, 2018; > > > ##### “(B) > > for which there was no opportunity for additional enrollment in that program; and > > > ##### “(C) > > on which the conservation practice under the expired contract under subparagraph
(A)is maintained.” > . ###
(c)Enrollment Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended— ####
(1)in paragraph (1), by striking subparagraphs
(A)through
(E)and inserting the following: > > ##### “(A) > > fiscal year 2019, not more than 24,000,000 acres; > > > ##### “(B) > > fiscal year 2020, not more than 24,500,000 acres; > > > ##### “(C) > > fiscal year 2021, not more than 25,000,000 acres; > > > ##### “(D) > > fiscal year 2022, not more than 25,500,000 acres; and > > > ##### “(E) > > fiscal year 2023, not more than 27,000,000 acres.” > ; ####
(2)in paragraph (2)— #####
(A)by striking subparagraphs
(A)and
(B)and inserting the following: > > ##### “(A) Limitation > > For purposes of applying the limitations in paragraph (1)— > > > ###### “(i) > > the Secretary shall enroll and maintain in the conservation reserve not fewer than 2,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and > > > ###### “(ii) > > in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during— > > > ###### “(I) > > fiscal year 2019, 1,000,000 acres; > > > ###### “(II) > > fiscal year 2020, 1,500,000 acres; and > > > ###### “(III) > > fiscal years 2021 through 2023, 2,000,000 acres. > > > ##### “(B) Priority > > In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary— > > > ###### “(i) > > with expiring conservation reserve contracts; > > > ###### “(ii) > > at risk of conversion or development; or > > > ###### “(iii) > > of ecological significance, including land that— > > > ###### “(I) > > may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); > > > ###### “(II) > > may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or > > > ###### “(III) > > improves or creates wildlife habitat corridors.” > ; #####
(B)in subparagraph (C)— ######
(i)by striking “ In enrolling ” and inserting the following: > > ###### “(i) In general > > In enrolling” > ; ######
(ii)in clause
(i)(as so designated), by striking “a continuous” and inserting “an annual”; and ######
(iii)by adding at the end the following: > > ### “(ii) Timing of grassland ranking period > > For purposes of grasslands described in subsection (b)(3), the Secretary shall announce at least 1 ranking period subsequent to the announcement of general enrollment offers.” > ; and #####
(C)by adding at the end the following: > > ##### “(D) Reservation of unenrolled acres > > If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause
(ii)or
(iii)of subparagraph
(A)for the fiscal year— > > > ###### “(i) > > the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3); and > > > ###### “(ii) > > that number of acres shall not be available for the enrollment of any other type of eligible land.” > ; and ####
(3)by adding at the end the following: > > #### “(3) Water quality practices to foster clean lakes, estuaries, and rivers (clear initiative) > > > ##### “(A) In general > > The Secretary shall give priority within continuous enrollment under paragraph
(6)to the enrollment of land described in subsection (b)(4). > > > ##### “(B) Sediment and nutrient loadings > > In carrying out subparagraph (A), the Secretary shall give priority to the implementation of practices on land that, if enrolled, will help reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary. > > > ##### “(C) Acreage > > > ###### “(i) In general > > Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous enrollment under paragraph
(6)shall be of land described in subsection (b)(4). > > > ###### “(ii) Limitation > > The acres described in clause
(i)shall not include grasslands described in subsection (b)(3). > > > ##### “(D) Report > > The Secretary shall— > > > ###### “(i) > > in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments through the priority under this paragraph; and > > > ###### “(ii) > > publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph— > > > ###### “(I) > > new enrollments; > > > ###### “(II) > > expirations; > > > ###### “(III) > > geographic distribution; and > > > ###### “(IV) > > estimated water quality benefits. > > > #### “(4) State enrollment rates > > At the beginning of each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each year for enrollment in the conservation reserve, in accordance with historical State enrollment rates, taking into consideration— > > > ##### “(A) > > the average number of acres of all land enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016; > > > ##### “(B) > > the average number of acres of all land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and > > > ##### “(C) > > the acres available for enrollment during each of fiscal years 2019 through 2023, excluding acres described in paragraph (2). > > > #### “(5) Frequency > > In carrying out this subchapter, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup and enrollment not less often than once each year. > > > #### “(6) Continuous enrollment procedure > > > ##### “(A) In general > > To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in— > > > ###### “(i) > > the conservation reserve of— > > > ###### “(I) > > marginal pasture land described in subsection (b)(2); > > > ###### “(II) > > land described in subsection (b)(4); and > > > ###### “(III) > > cropland described in subsection (b)(5); and > > > ###### “(ii) > > the conservation reserve enhancement program under section 1231A. > > > ##### “(B) Limitation > > For purposes of applying the limitations in paragraph (1)— > > > ###### “(i) > > the Secretary shall, to the maximum extent practicable, enroll and maintain not fewer than 8,600,000 acres of land under subparagraph
(A)by September 30, 2023; and > > > ###### “(ii) > > in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during— > > > ###### “(I) > > fiscal year 2019, 8,000,000 acres; > > > ###### “(II) > > fiscal year 2020, 8,250,000 acres; > > > ###### “(III) > > fiscal year 2021, 8,500,000 acres; and > > > ###### “(IV) > > fiscal years 2022 and 2023, 8,600,000 acres.” > . ###
(d)Eligibility for Consideration Section 1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) is amended— ####
(1)by striking “ On the expiration ” and inserting the following: > > #### “(1) In general > > On the expiration” > ; and ####
(2)by adding at the end the following: > > #### “(2) Reenrollment limitation for certain land > > > ##### “(A) In general > > Except as provided in subparagraph (B), land subject to a contract entered into under this subchapter shall be eligible for only one reenrollment in the conservation reserve under paragraph
(1)if the land is devoted to hardwood trees. > > > ##### “(B) Exclusions > > Subparagraph
(A)shall not apply to— > > > ###### “(i) > > riparian forested buffers; > > > ###### “(ii) > > forested wetlands enrolled under subsection (d)(3) or the conservation reserve enhancement program under section 1231A; and > > > ###### “(iii) > > shelterbelts.” > .
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Sec. 2201
CONSERVATION RESERVE
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