Sec. 2207. PAYMENTS
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## SEC. 2207 PAYMENTS ###
(a)Cost Sharing Payments Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 3834(b)) is amended— ####
(1)by striking paragraphs
(2)through
(4)and inserting the following: > > #### “(2) Limitations > > > ##### “(A) In general > > The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subchapter, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary. > > > ##### “(B) Mid-contract management grazing > > The Secretary may not make any cost sharing payment to an owner or operator under this subchapter pursuant to section 1232(a)(5). > > > ##### “(C) Seed cost > > In the case of seed costs related to the establishment of cover, cost sharing payments under this subchapter shall not exceed 50 percent of the actual cost of the seed mixture, as determined by the Secretary.” > ; ####
(2)by redesignating paragraph
(5)as paragraph (3); ####
(3)in paragraph
(3)(as so redesignated), by striking “An owner” and inserting “Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under section 1231A, an owner”; and ####
(4)by adding at the end the following: > > #### “(4) Practice incentives for continuous practices > > In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to an owner or operator of land enrolled under section 1231(d)(6) in an amount not to exceed 50 percent of the actual cost of establishing all measures and practices described in paragraph (1), including seed costs related to the establishment of cover, as determined by the Secretary.” > . ###
(b)Incentive Payments Section 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended— ####
(1)in the subsection heading, by striking “Incentive” and inserting “Forest Management Incentive”; ####
(2)in paragraph (1), by striking “The Secretary” and inserting “Using funds made available under section 1241(a)(1)(A), the Secretary”; and ####
(3)in paragraph (2), by striking “150 percent” and inserting “100 percent”. ###
(c)Annual Rental Payments Section 1234(d) of the Food Security Act of 1985 (16 U.S.C. 3834(d)) is amended— ####
(1)in paragraph (1)— #####
(A)by striking “ the Secretary may consider, among other things, the amount ” and inserting the following: > “the Secretary shall consider— > > > ##### “(A) > > the amount” > ; #####
(B)in subparagraph
(A)(as so designated), by striking the period at the end and inserting a semicolon; and #####
(C)by adding at the end the following: > > ##### “(B) > > the impact on the local farmland rental market; and > > > ##### “(C) > > such other factors as the Secretary determines to be appropriate.” > ; ####
(2)in paragraph (2)— #####
(A)in subparagraph (A)— ######
(i)in clause (i), by striking “; or” and inserting a period; ######
(ii)by striking clause (ii); and ######
(iii)by striking “determined through—” in the matter preceding clause
(i)and all that follows through “the submission of bids” in clause
(i)and inserting “determined through the submission of applications”; #####
(B)by redesignating subparagraph
(B)as subparagraph (C); #####
(C)by inserting after subparagraph
(A)the following: > > ##### “(B) Multiple enrollments > > > ###### “(i) In general > > Subject to clause (ii), if land subject to a contract entered into under this subchapter is reenrolled under section 1231(h)(1) or has been previously enrolled in the conservation reserve, the annual rental payment shall be in an amount that is not more than 85 percent in the case of general enrollment contacts, or 90 percent in the case of continuous enrollment contracts, of the applicable estimated average county rental rate published pursuant to paragraph
(4)for the year in which the reenrollment occurs. > > > ###### “(ii) Conservation reserve enhancement program > > The reduction in annual rental payments under clause
(i)may be waived as part of the negotiation between the Secretary and an eligible partner to enter into a conservation reserve enhancement program agreement under section 1231A.” > ; #####
(D)in subparagraph
(C)(as so redesignated), by striking “In the case” and inserting “Notwithstanding subparagraph (A), in the case”; and #####
(E)by adding at the end the following: > > ##### “(D) Continuous sign-up incentives > > The Secretary shall make an incentive payment to the owner or operator of land enrolled under section 1231(d)(6) at the time of initial enrollment in an amount equal to 32.5 percent of the amount of the first annual rental payment under subparagraph (A).” > ; ####
(3)by striking paragraph (4); ####
(4)by redesignating paragraph
(5)as paragraph (4); and ####
(5)in paragraph
(4)(as so redesignated)— #####
(A)in subparagraph (A)— ######
(i)by striking “, not less frequently than once every other year,” and inserting “annually”; and ######
(ii)by inserting “, and shall publish the estimates derived from the survey not later than September 15 of each year” before the period at the end; #####
(B)in subparagraph (B), by inserting “and the average current and previous soil rental rates for each county” after “subparagraph (A)”; #####
(C)in subparagraph (C), by striking “may use” and inserting “shall consider”; and #####
(D)by adding at the end the following: > > ##### “(D) Submission of additional information by state fsa offices and crep partners > > > ###### “(i) In general > > The Secretary shall provide an opportunity for State Committees of the Farm Service Agency or eligible partners (as defined in section 1231A(a)) in conservation reserve enhancement programs under section 1231A to propose an alternative soil rental rate prior to finalizing new rates, on the condition that documentation described in clause
(ii)is provided to support the proposed alternative. > > > ###### “(ii) Acceptable documentation > > Documentation referred to in clause
(i)includes— > > > ###### “(I) > > an average of cash rents from a random sample of lease agreements; > > > ###### “(II) > > cash rent estimates from a published survey; > > > ###### “(III) > > neighboring county estimate comparisons from the National Agricultural Statistics Service; > > > ###### “(IV) > > an average of cash rents from Farm Service Agency farm business plans; > > > ###### “(V) > > models that estimate cash rents, such as models that use returns to estimate crop production or land value data; or > > > ###### “(VI) > > other documentation, as determined by the Secretary. > > > ###### “(iii) Notification > > Not less than 14 days prior to the announcement of new or revised soil rental rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, including information on and the rationale for the alternative rates proposed under clause
(i)that were accepted or rejected. > > > ##### “(E) Rental rate limitation > > Notwithstanding forest management incentive payments described in subsection (c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed— > > > ###### “(i) > > 85 percent of the estimated rental rate determined under this paragraph for general enrollment; or > > > ###### “(ii) > > 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.” > . ###
(d)Payment Limitation for Rental Payments Section 1234(g) of the Food Security Act of 1985 (16 U.S.C. 3834(g)) is amended— ####
(1)in paragraph (1), by striking “The total” and inserting “Except as provided in paragraph (2), the total”; and ####
(2)by striking paragraph
(2)and inserting the following: > > #### “(2) Wellhead protection > > Paragraph
(1)and section 1001D(b) shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subchapter for the purpose of protecting a wellhead.” > .
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