,i #aacth ,,congress #ast ,session ,h4 ,r4 #bbfj ,,in ,,the ,,house ,,of ,,representatives ,june #e1 #bjac ,mr4 ,thompson of ,california 7for himself and ,mr4 ,fortenberry7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to amend the ,food ,security ,act of #aihe to ensure basic conservation measures are implemented by farmers who receive ,federal crop insurance premium assistance4 #a4 ,short title ,this ,act may be cited as the ,crop ,insurance ,accountability ,act of #bjac4 #b4 ,highly erodible land and wetland conservation for crop insurance 7a7 ,highly erodible land program ineligibility 7#a7 ,in general ,section #abaa7;a77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chaa7;a77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking or at the end2 7,b7 in subparagraph 7,d71 by adding or at the end2 and 7,c7 by adding at the end the following3 7,e7 any portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq471 on the condition that if a person is determined to have committed a violation under this subsection during a crop year1 ineligibility under this subparagraph shall-- 7i7 only apply to reinsurance years subsequent to the date of final determination of a violation1 including all administrative appeals2 and 7ii7 not apply to the existing reinsurance year or any reinsurance year prior to the date of final determination4 4 7#b7 ,exemptions ,section #abab7;a77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chab7;a77#b77 is amended-- 7,a7 in the first sentence1 by striking 7#b7 ,if1 and inserting the following3 7#b7 ,eligibility based on compliance with conservation plan 7,a7 ,in general ,if1 2 7,b7 in the second sentence1 by striking ,in carrying and inserting the following3 7,b7 ,minimization of documentation ,in carrying 2 and 7,c7 by adding at the end the following3 7,c7 ,crop insurance 7i7 ,in general ,notwithstanding section #abaa7;a7-- 7,i7 in the case of a person that is subject to section #abaa for the first time after ,may #a1 #bjac1 due to the amendment made by section #b7;a7 of the ,crop ,insurance ,accountability ,act of #bjac1 any person who produces an agricultural commodity on the land that is the basis of the payments described in section #abaa7;a77#a77;,e7 shall have #e reinsurance years after the date on which such payments become subject to section #abaa to develop and comply with an approved conservation plan so as to maintain eligibility for such payments2 and 7,,ii7 in the case of a person that the ,secretary determines would have been in violation of section #abaa7;a7 if the person had continued participation in the programs requiring compliance at any time after the date of enactment of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgja et seq47 and is currently in violation of section #abaa7;a71 the person shall have #b reinsurance years after the date on which the payments described in section #abaa7;a77#a77;,e7 become subject to section #abaa to develop and comply with an approved conservation plan1 as determined by the ,secretary1 so as to maintain eligibility for such payments4 7ii7 ,certification 7,i7 ,in general ,beginning with the first full reinsurance year immediately following the date of enactment of this subparagraph1 all persons seeking eligibility for the payment of a portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 shall provide certification of compliance with section #abaa7;a71 as determined by the ,secretary4 7,,ii7 ,timely evaluation ,the ,secretary shall evaluate the certification in a timely manner and-- 7aa7 a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation2 and 7bb7 if the ,secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of section #abaa7;a71 ineligibility shall not apply to the person for that violation4 7,,iii7 ,equitable contribution 7aa7 ,in general ,if a person fails to provide certification of compliance to the ,secretary as required and is subsequently found in violation of section #abaa7;a71 the ,secretary shall determine the amount of an equitable contribution to conservation in accordance with section #abda7;e7 by the person for the violation4 7bb7 ,limitation ,the contribution shall not exceed the total of the portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this clause4 4 7b7 ,wetland conservation program ineligibility ,section #abba of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chba7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#d7 ,crop insurance 7,a7 ,in general ,except as provided in this paragraph1 a person subject to a final determination1 including all administrative appeals1 of a violation of subsection 7c7 shall have #a reinsurance year to initiate a conservation plan to remedy the violation1 as determined by the ,secretary1 before becoming ineligible under that subsection in the following reinsurance year to receive any payment of any portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 7,b7 ,applicability ,in the case of a person that is subject to this subsection or subsection 7d7 for the first time due to the amendment made by section #b7;b7 of the ,crop ,insurance ,accountability ,act of #bjac1 the person shall have #b reinsurance years after the date of final determination1 including all administrative appeals1 to take such steps as the ,secretary determines appropriate to remedy or mitigate the violation in accordance with subsection 7c74 7,c7 ,good faith ,if the ,secretary determines that a person subject to a final determination1 including all administrative appeals1 of a violation of subsection 7c7 acted in good faith and without intent to violate this section as described in section #abbb7;h71 the ,secretary shall give the person #a reinsurance year to begin mitigation1 restoration1 or such other steps as are determined necessary by the ,secretary4 7,d7 ,tenant relief 7i7 ,in general ,if a tenant is determined to be ineligible for payments and other benefits under this section1 the ,secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established1 to the satisfaction of the ,secretary that-- 7,i7 the tenant has made a good faith effort to meet the requirements of this section1 including enlisting the assistance of the ,secretary to obtain a reasonable conservation plan for restoration or mitigation for the farm2 7,,ii7 the landlord on the farm refuses to comply with the plan on the farm2 and 7,,iii7 the ,secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance4 7ii7 ,report ,the ,secretary shall provide an annual report to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate concerning the ineligibility determinations limited during the previous #ab-month period under this subparagraph4 7,e7 ,certification 7i7 ,in general ,beginning with the first full reinsurance year immediately following the date of enactment of this paragraph1 all persons seeking eligibility for the payment of a portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 shall provide certification of compliance with this section as determined by the ,secretary4 7ii7 ,timely evaluation ,the ,secretary shall evaluate the certification in a timely manner and-- 7,i7 a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation2 and 7,,ii7 if the ,secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of subsection 7c71 ineligibility shall not apply to the person for that violation4 7iii7 ,equitable contribution 7,i7 ,in general ,if a person fails to provide certification of compliance to the ,secretary as required and is subsequently found in violation of subsection 7c71 the ,secretary shall determine the amount of an equitable contribution to conservation in accordance with section #abda7;e7 by the person for the violation4 7,,ii7 ,limitation ,the contribution shall not exceed the total of the portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph4 2 7#b7 by redesignating subsections 7c71 7d71 and 7e7 as subsections 7d71 7e71 and 7f71 respectively2 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,ineligibility for crop insurance premium assistance 7#a7 ,in general ,if a person is determined to have committed a violation under subsection 7a7 or 7d7 during a crop year1 the person shall be ineligible to receive any payment of any portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 7#b7 ,applicability ,ineligibility under this subsection shall-- 7,a7 only apply to reinsurance years subsequent to the date of final determination of a violation1 including all administrative appeals2 and 7,b7 not apply to-- 7i7 the existing reinsurance year2 or 7ii7 any reinsurance year prior to the date of final determination4 7#c7 ,date of conversion ,notwithstanding subsection 7d71 ineligibility for crop insurance premium assistance shall apply as follows3 7,a7 ,in the case of wetland that the ,secretary determines was converted after the date of enactment of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgja et seq47 but on or before ,may #a1 #bjac1 and continues to be in violation1 the person shall have #b reinsurance years after the date on which this subsection applies1 to begin the mitigation process1 as determined by the ,secretary4 7,b7 ,in the case of wetland that the ,secretary determines was converted after ,may #a1 #bjac-- 7i7 subject to clause 7ii71 the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless section #abbb7;b7 applies2 and 7ii7 for any violation that the ,secretary determines impacts less than #e acres of the entire farm1 the person may pay a contribution in accordance with section #abda7;e7 in an amount equal to #aej percent of the cost of mitigation1 as determined by the ,secretary1 for wetland restoration in lieu of ineligibility to receive crop insurance premium assistance4 7,c7 ,in the case of a wetland that the ,secretary determines was converted prior to the date of enactment of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgja et seq471 ineligibility under this subsection shall not apply4 7,d7 ,in the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after the date of enactment of the ,crop ,insurance ,accountability ,act of #bjac-- 7i7 ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person2 and 7ii7 the person shall take such steps as the ,secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed #b calendar years4 7#d7 ,certification 7,a7 ,in general ,in enforcing eligibility under this subsection1 the ,secretary shall use existing processes and procedures for certifying compliance4 7,b7 ,responsibility ,the ,secretary1 acting through the agencies of the ,department of ,agriculture1 shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection4 7,c7 ,limitation ,the ,secretary shall ensure that no agent1 approved insurance provider1 or employee or contractor of an agency or approved insurance provider1 bears responsibility or liability for the eligibility of an insured producer under this subsection1 other than in cases of misrepresentation1 fraud1 or a scheme or device to avoid compliance4 4 #c4 ,technical assistance ,section #abda7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7;b77 is amended to read as follows3 7b7 ,technical assistance 7#a7 ,in general ,effective for fiscal year #bjje and each subsequent fiscal year1 ,commodity ,credit ,corporation funds made available for each of the programs specified in paragraphs 7#a7 through 7#g7 of subsection 7a7-- 7,a7 shall be available for the provision of technical assistance for the programs for which funds are made available1 as necessary to implement the programs effectively2 and 7,b7 shall not be available for the provision of technical assistance for conservation programs specified in subsection 7a7 other than the program for which the funds were made available4 7#b7 ,priority 7,a7 ,in general ,in the delivery of technical assistance under the ,soil ,conservation and ,domestic ,allotment ,act 7#af ,u4,s4,c4 #eij;a et seq471 the ,secretary shall give priority to producers who request technical assistance from the ,secretary in order to comply for the first time with the requirements of subtitle ,b and subtitle ,c of this title as a result of the amendments made by section #b of the ,crop ,insurance ,accountability ,act of #bjac4 7,b7 ,report ,not later than #bgj days after the date of enactment of the ,crop ,insurance ,accountability ,act of #bjac1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report regarding the extent to which the conservation compliance requirements contained in the amendments made by section #b of the ,crop ,insurance ,accountability ,act of #bjac apply to and impact specialty crop growers1 including national analysis and surveys to determine the extent of specialty crop acreage on highly erodible land and wetlands4 4