Sec. 2206. DUTIES OF THE SECRETARY
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## SEC. 2206 DUTIES OF THE SECRETARY ###
(a)Cost-Share and Rental Payments Section 1233(a) of the Food Security Act of 1985 (16 U.S.C. 3833(a)) is amended— ####
(1)in paragraph (1), by inserting “, including the cost of fencing and other water distribution practices, if applicable” after “interest”; and ####
(2)in paragraph (2)— #####
(A)in the matter preceding subparagraph (A), by striking “in an amount necessary to compensate” and inserting “, in accordance with section 1234(d),”; #####
(B)in subparagraph (A)— ######
(i)by inserting “, marginal pastureland,” after “cropland”; and ######
(ii)by adding “or” at the end; #####
(C)by striking subparagraph (B); and #####
(D)by redesignating subparagraph
(C)as subparagraph (B). ###
(b)Specified Activities Permitted Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is amended by striking subsection
(b)and inserting the following: > > ### “(b) Specified Activities Permitted > > > #### “(1) In general > > The Secretary, in coordination with the applicable State technical committee established under section 1261(a), shall permit certain activities or commercial uses of established cover on land that is subject to a contract under the conservation reserve program if— > > > ##### “(A) > > those activities or uses— > > > ###### “(i) > > are consistent with the conservation of soil, water quality, and wildlife habitat; > > > ###### “(ii) > > are subject to appropriate restrictions during the primary nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law; > > > ###### “(iii) > > contribute to the health and vigor of the established cover; and > > > ###### “(iv) > > are consistent with a site-specific plan, including vegetative management requirements, stocking rates, and frequency and duration of activity, taking into consideration regional differences, such as climate, soil type, and natural resources; and > > > ##### “(B) > > the Secretary, in coordination with the State technical committee, includes contract modifications— > > > ###### “(i) > > without any reduction in the rental rate for— > > > ###### “(I) > > emergency haying, emergency grazing, or other emergency use of the forage in response to a localized or regional drought, flooding, wildfire, or other emergency, on all practices, outside the primary nesting season, when— > > > ###### “(aa) > > the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor; > > > ###### “(bb) > > there is at least a 40 percent loss in forage production in the county; or > > > ###### “(cc) > > the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover; > > > ###### “(II) > > emergency grazing on all practices during the primary nesting season if payments are authorized for a county under the livestock forage disaster program under clause
(ii)of section 1501(c)(3)(D) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)), at 50 percent of the normal carrying capacity determined under clause
(i)of that section, adjusted to the site-specific plan; > > > ###### “(III) > > emergency haying on certain practices, outside the primary nesting season, if payments are authorized for a county under the livestock forage disaster program under clause
(ii)of section 1501(c)(3)(D) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)), on not more than 50 percent of contract acres, as identified in the site-specific plan; > > > ###### “(IV) > > grazing of all practices, outside the primary nesting season, if included as a mid-contract management practice under section 1232(a)(5); > > > ###### “(V) > > the intermittent and seasonal use of vegetative buffer established under paragraphs
(4)and
(5)of section 1231(b) that are incidental to agricultural production on land adjacent to the buffer such that the permitted use— > > > ###### “(aa) > > does not destroy the permanent vegetative cover; and > > > ###### “(bb) > > retains suitable vegetative structure for wildlife cover and shelter outside the primary nesting season; or > > > ###### “(VI) > > grazing on all practices, outside the primary nesting season, if conducted by a beginning farmer or rancher; or > > > ###### “(ii) > > with a 25 percent reduction in the annual rental rate for the acres covered by the authorized activity, including— > > > ###### “(I) > > grazing not more frequently than every other year on the same land, except that during the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate specified in the site-specific plan; > > > ###### “(II) > > grazing of all practices during the primary nesting season, with a 50 percent reduction in the stocking rate specified in the site-specific plan; > > > ###### “(III) > > haying and other commercial use (including the managed harvesting of biomass and excluding the harvesting of vegetative cover), on the condition that the activity— > > > ###### “(aa) > > is completed outside the primary nesting season; > > > ###### “(bb) > > occurs not more than once every 3 years; and > > > ###### “(cc) > > maintains 25 percent of the total contract acres unharvested, in accordance with a site-specific plan that provides for wildlife cover and shelter; > > > ###### “(IV) > > annual grazing outside the primary nesting season if consistent with a site-specific plan that is authorized for the control of invasive species; and > > > ###### “(V) > > the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account— > > > ###### “(aa) > > the location, size, and other physical characteristics of the land; > > > ###### “(bb) > > the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and > > > ###### “(cc) > > the purposes of the conservation reserve program under this subchapter. > > > #### “(2) Conditions on haying and grazing > > > ##### “(A) In general > > The Secretary may permit haying or grazing in accordance with paragraph
(1)on any land or practice subject to a contract under the conservation reserve program. > > > ##### “(B) Exceptions > > > ###### “(i) Damage to vegetative cover > > Haying or grazing described in paragraph
(1)shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, if haying or grazing for that year under that practice, as applicable, would cause long-term damage to vegetative cover on that land. > > > ###### “(ii) Special agreements > > > ###### “(I) In general > > Except as provided in subclause (II), haying or grazing described in paragraph
(1)shall not be permitted on— > > > ###### “(aa) > > land covered by a contract enrolled under the State acres for wildlife enhancement program established by the Secretary; or > > > ###### “(bb) > > land covered by a contract enrolled under a conservation reserve enhancement program established under section 1231A or the Conservation Reserve Enhancement Program established by the Secretary under this subchapter. > > > ###### “(II) Exception > > Subclause
(I)shall not apply to land on which haying or grazing is specifically permitted under the applicable conservation reserve enhancement program agreement or other partnership agreement entered into under this subchapter.” > . ###
(c)Natural Disaster or Adverse Weather as Mid-contract Management Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is amended by adding at the end the following: > > ### “(e) Natural Disaster or Adverse Weather as Mid-contract Management > > In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require further management practices pursuant to section 1232(a)(5) that are intended to achieve the same effect.” > .
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