,,ii #aaeth ,,congress #b;d ,session ,s4 #bhgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ag1 #bjah,ms4 ,smith introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,food ,security ,act of #aihe with respect to land stewardship1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthening ,our ,investment in ,land ,stewardship ,act or the ,,soil ,stewardship ,act4 #b4 ,common provisions and program coordination ,subchapter ,a of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch et seq47 is amended to read as follows3 ,a ,common ,provisions and ,program ,coordination #abch4 ,definitions ,in this chapter and chapter #d3 7#a7 ,agricultural operation ,the term agricultural operation means all eligible land1 regardless of whether the eligible land is contiguous1 that is-- 7,a7 under the effective control of a producer at the time the producer enters into a contract under the applicable program2 and 7,b7 operated with equipment1 labor1 management1 and production or cultivation practices that are substantially separate from other agricultural operations1 as determined by the ,secretary4 7#b7 ,comprehensive conservation plan ,the term comprehensive conservation plan means a plan that-- 7,a7 identifies and inventories resources of concern2 7,b7 establishes benchmark data and stewardship objectives2 7,c7 formulates and evaluates alternative approaches to meeting stewardship objectives for all resources of concern2 7,d7 selects among the alternatives under subparagraph 7,c7 and describes the particular conservation systems1 practices1 activities1 and management measures to be implemented1 maintained1 or improved that will enable the producer to meet stewardship objectives for all resources of concern2 7,e7 contains a schedule for the planning1 installation1 maintenance1 improvement1 and management of the selected conservation systems1 practices1 activities1 and management measures2 and 7,f7 contains a description and schedule for on-farm activities to assess and evaluate the conservation systems1 practices1 activities1 and management measures described in the plan4 7#c7 ,conservation activity 7,a7 ,in general ,the term conservation activity means a conservation practice1 enhancement1 bundle1 or plan4 7,b7 ,inclusions ,the term conservation activity includes-- 7i7 structural measures1 vegetative measures1 and land management measures1 as determined by the ,secretary2 7ii7 planning needed to address a priority resource concern2 and 7iii7 development of a comprehensive conservation plan4 7#d7 ,eligible land 7,a7 ,in general ,the term eligible land means-- 7i7 private or ,tribal land on which agricultural commodities1 livestock1 or forest-related products are produced2 and 7ii7 land associated with the land described in clause 7i7 on which priority resource concerns could be addressed through a contract under the applicable program4 7,b7 ,inclusions ,the term eligible land includes-- 7i7 cropland2 7ii7 grassland2 7iii7 rangeland2 7iv7 pasture land2 7v7 nonindustrial private forest land2 and 7vi7 other land in agricultural areas 7including cropped woodland1 marshes1 and agricultural land used or capable of being used for the production of livestock71 on which priority resource concerns relating to agricultural production could be addressed through a contract under the program1 as determined by the ,secretary4 7#e7 ,priority resource concern ,the term priority resource concern means a natural resource concern or problem1 as determined by the ,secretary1 that-- 7,a7 is identified at the national1 ,state1 or local level as a priority for a particular area of a ,state2 7,b7 represents a significant concern in a ,state or region2 and 7,c7 is likely to be addressed successfully through the implementation of conservation activities under the applicable program4 7#f7 ,stewardship threshold ,the term stewardship threshold means the level of management required1 as determined by the ,secretary1 to conserve and improve the quality and condition of a priority resource concern using-- 7,a7 the resource management system quality criteria2 7,b7 predictive tools2 7,c7 data from past and current program enrollments2 and 7,d7 other similar means to measure conservation and improvement of the priority resource concern4 #abch;,a4 ,common provisions and program coordination 7a7 ,common provisions 7#a7 ,streamlining and coordination ,to the maximum extent feasible1 the ,secretary shall provide for streamlined and coordinated procedures for the conservation stewardship program established under subchapter ,b and the environmental quality incentives program established under chapter #d 7referred to in this section as the programs71 including applications1 contracting1 conservation planning1 conservation practices1 and related administrative procedures4 7#b7 ,soil health ,to the maximum extent feasible1 the ,secretary shall manage the programs to enhance soil health and build soil carbon4 7#c7 ,wildlife habitat ,to the maximum extent feasible1 the ,secretary shall allocate not less than #aj percent of funding for the programs to support conservation activities benefitting wildlife habitat4 7#d7 ,organic systems 7,a7 ,in general ,the ,secretary shall provide for a funding allocation for each of the programs to support organic production and transition to organic production4 7,b7 ,considerations ,in determining the funding allocation under subparagraph 7,a71 the ,secretary shall take into consideration certified organic acres and transitioning organic acres of each ,state and the ,state trend line for certified organic acres and transitioning organic acres4 7#e7 ,balance ,to the maximum extent feasible1 the ,secretary shall provide balanced treatment for crop and livestock production systems in the allocation of contracts for the programs4 7#f7 ,active engagement ,the ,secretary shall promulgate regulations that require participants in the programs to be actively engaged in farming or ranching4 7b7 ,program coordination ,the ,secretary shall coordinate management of the programs in a manner to facilitate the opportunity for a participant enrolled in the environmental quality incentives program under chapter #d but not yet qualified to enroll in the conservation stewardship program under subchapter ,b to subsequently enroll in the conservation stewardship program once the participant has met the stewardship threshold for not fewer than #b priority resource concerns4 4 #c4 ,conservation stewardship program definitions ,section #abch;,d of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;d7 is amended to read as follows3 #abch;,d4 ,definitions ,in this subchapter3 7#a7 ,conservation stewardship plan ,the term conservation stewardship plan means a plan that-- 7,a7 identifies and inventories priority resource concerns2 7,b7 establishes benchmark data and conservation objectives2 7,c7 describes conservation activities to be implemented1 managed1 or improved2 and 7,d7 includes a schedule and evaluation plan for the planning and installation of new conservation activities and the active management of new and existing conservation activities4 7#b7 ,program ,the term program means the conservation stewardship program established by this subchapter4 4 #d4 ,conservation stewardship program ,section #abch;,e of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;e7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking #bjah and inserting #bjbc2 and 7#b7 in subsection 7b77#b71 in the matter preceding subparagraph 7,a71 by striking the ,agricultural ,act of #bjad and inserting the ,,soil ,stewardship ,act4 #e4 ,stewardship contracts ,section #abch;,f of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;f7 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,ranking of applications 7,a7 ,in general ,in evaluating contract offers submitted under subsection 7a71 the ,secretary shall rank applications based on-- 7i7 the level of natural resource and environmental benefits resulting from existing conservation treatment on all applicable priority resource concerns at the time of application2 and 7ii7 the degree to which the proposed conservation activities effectively increase natural resource and environmental benefits4 7,b7 ,tie breaker ,in the event of a tie in ranking scores between #b or more applications under subparagraph 7,a71 the ,secretary shall rank applications based on the extent to which the actual and anticipated conservation natural resource and environmental benefits from the contract are provided at the least cost relative to other similarly beneficial contract offers4 2 7#b7 in subsection 7d77#d71 by adding at the end the following3 7,c7 ,new acreage ,if1 after entering into a contract1 a producer adds new acreage to the agricultural operation1 the producer may elect to add the acreage to the stewardship contract during the term of the current stewardship contract1 if the ,secretary determines the additional acreage and conservation treatment of those acres increases the natural resource and environmental benefits of the contract4 2 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,contract renewal ,at the end of each #e-year contract period1 the ,secretary may allow the producer to renew the contract for additional #e-year periods if the producer-- 7#a7 demonstrates compliance with the terms of the previous contract2 7#b7 agrees to adopt new or improved conservation activities across the entire agricultural operation1 demonstrating continual improvement1 as determined by the ,secretary2 and 7#c7 agrees1 by the end of the contract period-- 7,a7 to plan1 install1 maintain1 and actively manage such conservation activities as will allow the producer to meet or exceed the stewardship threshold of not fewer than #b additional priority resource concerns2 or 7,b7 to adopt or improve such conservation activities as the ,secretary determines to be necessary to achieve higher levels of performance with respect to not fewer than #b existing priority resource concerns specified by the ,secretary in the initial contract4 4 #f4 ,duties of the ,secretary ,section #abch;,g of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7 is amended-- 7#a7 in subsection 7a77#b71 by striking not less than #e2 7#b7 in subsection 7c77#b7-- 7,a7 by striking #ah and inserting #bc2 and 7,b7 by inserting including supplemental payments under subsection 7e71 payments for cover crop activities under subsection 7d71 and payments for comprehensive conservation planning under subsection 7f71 after financial assistance12 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking 1 to the maximum extent practicable12 7,b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#e7 and 7#f71 respectively2 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,payments for cover crop activities ,any annual payment provided by the ,secretary under this subchapter that is for a cover crop activity1 as determined by the ,secretary1 shall be in an amount that is not less than #abe percent of the amount that would have been paid under paragraph 7#b74 7#d7 ,minimum payment ,a payment to a producer under this subsection shall not be less than #a1ejj per year4 2 and 7,d7 in paragraph 7#f7 7as so redesignated71 by striking subparagraph 7,a7 and inserting the following3 7,a7 calculate and provide payments for existing activities1 additional activities1 and supplemental payments1 as described under subsection 7e72 and 2 7#d7 by striking subsection 7e7 and inserting the following3 7e7 ,supplemental payments for resource-,conserving crop rotations and managed intensive rotational grazing 7#a7 ,definitions ,in this subsection3 7,a7 ,managed intensive rotational grazing ,the term managed intensive rotational grazing means a grazing system in which animals are regularly and systematically moved to fresh pasture in such a way as-- 7i7 to maximize the quantity and quality of forage growth2 7ii7 to improve manure distribution and nutrient cycling2 7iii7 to increase carbon sequestration from greater forage harvest2 7iv7 to improve the quality and quantity of cover for wildlife2 7v7 to provide permanent cover to protect the soil from erosion2 and 7vi7 to improve water quality4 7,b7 ,resource-conserving crop rotation ,the term resource-conserving crop rotation means a crop rotation that-- 7i7 includes not fewer than #a resource-conserving crop 7as defined by the ,secretary72 7ii7 reduces erosion2 7iii7 improves soil fertility and tilt2 7iv7 interrupts pest cycles2 7v7 builds soil carbon2 and 7vi7 in applicable areas1 reduces depletion of soil moisture or otherwise reduces the need for irrigation4 7#b7 ,availability of payments ,the ,secretary shall provide additional payments to producers that1 in participating in the program1 agree to adopt1 manage1 and maintain1 or improve1 manage1 and maintain-- 7,a7 resource-conserving crop rotations2 or 7,b7 managed intensive rotational grazing4 7#c7 ,eligibility ,to be eligible to receive a payment under paragraph 7#b71 a producer shall agree to adopt1 manage1 and maintain or improve1 maintain1 and manage1 resource-conserving crop rotations1 or managed intensive rotational grazing for the term of the contract4 7#d7 ,minimum payment ,supplemental payments under this subsection shall not be less than #bj per acre4 2 7#e7 by redesignating subsections 7f71 7g71 7h71 and 7i7 as subsections 7g71 7h71 7i71 and 7j71 respectively2 7#f7 by inserting after subsection 7e7 the following3 7f7 ,payment for comprehensive conservation planning 7#a7 ,in general ,in the case of a producer who develops and implements a comprehensive conservation plan to address all priority resource concerns in a manner that meets or exceeds the stewardship thresholds1 a payment for planning shall be not less than #a1jjj and not more than #c1jjj per year4 7#b7 ,payment ,a payment under paragraph 7#a7 shall be set on a sliding scale1 determined by the following factors3 7,a7 ,the number of resource concerns addressed in the comprehensive conservation plan4 7,b7 ,the number of eligible land use types included in the operation4 2 7#g7 in subsection 7g7 7as so redesignated7-- 7,a7 by inserting 1 including joint operations1 after legal entity the first place it appears2 7,b7 by striking in the aggregate and inserting when combined with payments for management practices under the environmental quality incentives program established under chapter #d2 and 7,c7 by striking #bjah and inserting #bjbc2 7#h7 by striking subsection 7i7 7as so redesignated7 and inserting the following3 7i7 ,organic certification 7#a7 ,coordination ,the ,secretary shall establish a coordinated1 user-friendly1 and transparent means by which producers may initiate or maintain organic certification under the ,organic ,foods ,production ,act of #aijj 7#g ,u4,s4,c4 #feja et seq47 while participating in a contract under the program4 7#b7 ,transition ,the ,secretary shall establish suites of organic transition conservation activities to be available through the program4 2 and 7#i7 in subsection 7j7 7as so redesignated7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 7,b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 require participants in the program to be actively engaged in farming or ranching2 2 and 7,c7 in paragraph 7#b7 7as so redesignated71 by striking subsection 7f7 and inserting subsection 7g74 #g4 ,environmental quality incentives program purposes ,section #abdj7d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa7#d77 is amended by striking livestock1 pest or irrigation management and inserting crops and livestock1 pest management1 or irrigation management4 #h4 ,environmental quality incentives program definitions ,section #abdj;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#a7 is amended to read as follows3 #abdj;,a4 ,definitions ,in this chapter3 7#a7 ,development practice ,the term development practice means the construction or installation of a structure1 facility1 or equipment1 or another related activity that is consistent with the purposes of the program1 as determined by the ,secretary4 7#b7 ,payment ,the term payment means financial assistance provided to a producer for performing practices1 including compensation for-- 7,a7 incurred costs associated with planning1 design1 materials1 equipment1 installation1 labor1 management1 maintenance1 or training2 7,b7 income forgone by the producer2 and 7,c7 expected conservation benefit4 7#c7 ,practice ,the term practice means #a or more conservation activities that are consistent with the purposes of the program1 as determined by the ,secretary1 including-- 7,a7 improvements to eligible land of the producer1 including-- 7i7 land management practices2 7ii7 vegetative practices2 7iii7 forest management2 and 7iv7 other practices that the ,secretary determines would further the purposes of the program2 and 7,b7 the development of plans appropriate for the eligible land of the producer1 including-- 7i7 comprehensive nutrient management planning2 7ii7 comprehensive conservation planning2 and 7iii7 other plans that the ,secretary determines would further the purposes of the program4 7#d7 ,program ,the term program means the environmental quality incentives program established by this chapter4 4 #i4 ,establishment and administration ,section #abdj;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7 is amended-- 7#a7 in subsection 7a71 by striking #bjai and inserting #bjbc2 7#b7 in subsection 7b77#b71 by striking #aj years and inserting #e years2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b71 by striking subparagraph 7,a7 and inserting the following3 7,a7 7i7 for practices that are not development practices1 #ge percent of the costs associated with planning1 design1 materials1 equipment1 installation1 labor1 management1 maintenance1 or training2 or 7ii7 for development practices1 except as provided in subsection 7h77#c71 #ej percent of the costs associated with planning1 design1 materials1 installation1 management1 maintenance1 or training2 2 and 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by striking clause 7i7 and inserting the following3 7i7 7,i7 for practices that are not development practices1 to not more than #ij percent of the costs associated with planning1 design1 materials1 equipment1 installation1 labor1 management1 maintenance1 or training2 or 7,,ii7 for development practices1 to not more than #ge percent of the costs associated with the planning1 design1 materials1 equipment1 installation1 labor management1 maintenance1 or training2 2 and 7ii7 in subparagraph 7,b77i71 by striking may be provided and inserting shall be provided2 7#d7 in subsection 7h7-- 7,a7 in paragraph 7#a71 by striking water conservation or irrigation practice and inserting water-conserving irrigation practice2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,priority ,in providing payments to a producer for a development practice that is a water conservation or irrigation practice1 the ,secretary shall give priority to applications in which-- 7,a7 consistent with the law of the ,state in which the eligible land of the producer is located1 the producer agrees to reduce water use in the operations of the producer2 or 7,b7 the producer agrees not to use any associated water savings to bring new land1 other than incidental land needed for efficient operations1 under irrigated production1 unless the producer is participating in a watershed-wide project that will effectively conserve water1 as determined by the ,secretary4 7#c7 ,payment rate ,applications given priority under paragraph 7#b7 shall be subject to the payment rate described in subsection 7d77#b77;,a77i74 2 and 7#e7 in subsection 7i7-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,eligibility requirements ,as a condition for receiving payments under this subsection1 a producer shall agree to develop and implement conservation practices for certified organic production that are consistent with the regulations promulgated under the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 and the purposes of this chapter4 2 7,b7 by striking paragraph 7#c72 and 7,c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively4 #aj4 ,limitation on payments ,section #abdj;,g of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#g7 is amended to read as follows3 #abdj;,g4 ,limitation on payments 7a7 ,total payments ,a person or legal entity may not receive1 directly or indirectly1 payments under this chapter and chapter #b that1 in the aggregate1 exceed #dej1jjj for all contracts entered into under this chapter and chapter #b by the person or legal entity during the period of fiscal years #bjai through #bjbc1 regardless of the number of contracts entered into under this chapter by the person or legal entity4 7b7 ,management payments ,a person or legal entity may not receive1 directly or indirectly1 payments under the management component of this chapter and chapter #b that1 in aggregate1 exceed #bjj1jjj for all contracts entered into under the management component of this chapter and chapter #b by the person or legal entity during the period of fiscal years #bjai through #bjbc1 regardless of the number of contracts entered into under this chapter by the person or legal entity4 4 #aa4 ,commodity ,credit ,corporation ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended-- 7#a7 in subsection 7a77#e71 by striking practicable-- and all that follows through the period at the end of subparagraph 7,e7 and inserting practicable1 #a1gej1jjj1jjj for each fiscal year through fiscal year #bjbc1 including not less than #ejj1jjj1jjj for each fiscal year for management activities that assist producers in protecting sources of drinking water42 7#b7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking #bjji through #bjah and inserting #bjai through #bjbc2 7ii7 in subparagraph 7,a71 by striking #e percent and inserting #ae percent2 and 7iii7 in subparagraph 7,b71 by striking #e percent and inserting #ae percent2 7,b7 by redesignating paragraphs 7#b71 7#c71 and 7#d71 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,wildlife ,of the funds made available for each of fiscal years #bjai through #bjbc to carry out the environmental quality incentives program and the acres made available for each of those fiscal years to carry out the conservation stewardship program1 the ,secretary shall use not less than #aj percent for conservation activities that support the restoration1 development1 protection1 and improvement of wildlife habitat on eligible land1 including-- 7,a7 upland wildlife habitat2 7,b7 wetland wildlife habitat2 7,c7 habitat for threatened and endangered species2 7,d7 fish habitat2 7,e7 wildlife habitat on pivot corners and other irregular areas of a field2 and 7,f7 other types of wildlife habitat1 as determined by the ,secretary4 7#c7 ,organic ,of the funds made available for each of fiscal years #bjai through #bjbc to carry out the environmental quality incentives program and the acres made available for each of those fiscal years to carry out the conservation stewardship program1 the ,secretary shall allocate funding to the ,states to support organic production and the transition to organic production1 to be determined by each ,state's-- 7,a7 certified and transitioning organic operations2 7,b7 organic acreage2 and 7,c7 #bjaf organic and transitioning participation in the environmental quality incentives program4 2 7,d7 in paragraph 7#d7 7as so redesignated71 by striking paragraph 7#a7 and inserting paragraphs 7#a71 7#b71 and 7#c72 and 7,e7 in paragraph 7#e7 7as so redesignated71 by striking paragraph 7#a7 and inserting paragraphs 7#a71 7#b71 and 7#c72 and 7#c7 in subsection 7i77#b71 by striking pursuant to section #abdj;,g7b7 and inserting by the ,secretary4