S. 1509 — Introduced in Senate

II 118th CONGRESS 1st Session S. 1509 IN THE SENATE OF THE UNITED STATES May 10, 2023Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to extend and reform the conservation reserve program, and for other purposes. 1. Short title This Act may be cited as the Conservation Reserve Program Reform Act of 2023. 2. 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 2023 and inserting 2028. (b) Eligible land Section 1231(b)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3831(b)(1)(B)) is amended by striking the Agriculture Improvement Act of 2018 and inserting the Conservation Reserve Program Reform Act of 2023. (c) Enrollment Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended— (1) in paragraph (1)— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting ; and; and (C) by adding at the end the following: (F) fiscal years 2024 through 2028, not more than 24,000,000 acres. ; (2) in paragraph (2)(A)— (A) in clause (i)— (i) by striking 2,000,000 and inserting 8,000,000; and (ii) by striking 2023 and inserting 2028; and (B) in clause (ii), by striking subclauses (I) through (III) and inserting the following: (I) fiscal year 2024, 4,000,000 acres; (II) fiscal year 2025, 6,000,000 acres; and (III) fiscal years 2025 through 2028, 8,000,000 acres. ; and (3) in paragraph (6)— (A) in subparagraph (A)— (i) in clause (i)(III), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (iii) the farmable wetland program under section 1231B; and (iv) the CLEAR 30 and soil health and income protection programs under subsections (a) and (b), respectively, of section 1231C. ; and (B) in subparagraph (B)— (i) in clause (i)— (I) by striking 8,600,000 and inserting 11,000,000; and (II) by striking 2023 and inserting 2028; and (ii) in clause (ii), by striking subclauses (I) through (IV) and inserting the following: (I) fiscal year 2024, 8,000,000 acres; (II) fiscal year 2025, 9,000,000 acres; (III) fiscal year 2026, 10,000,000 acres; and (IV) fiscal years 2027 and 2028, 11,000,000 acres. . (d) Duration of contract Section 1231(e) of the Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended— (1) in paragraph (1), by striking For the purpose and inserting Except as provided in paragraph (3), for the purpose; (2) in paragraph (2), by striking paragraph (1), and inserting paragraph (1) or (3), as applicable,; and (3) by adding at the end the following: (3) Land Enrolled After October 1, 2023 With respect to a contract under this subchapter that is entered into on or after October 1, 2023, that enrolls land under paragraph (2) or (6) of subsection (d), the term of the contract shall be not less than 15, and not more than 30, years. . 3. Farmable wetland program Section 1231B(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended by striking 2023 and inserting 2028. 4. CLEAR 30 and SHIPP (a) CLEAR 30 Section 1231C(a) of the Food Security Act of 1985 (16 U.S.C. 3831c(a)) is amended— (1) in paragraph (1)(A), by striking pilot; and (2) in paragraph (7)— (A) in subparagraph (A), by striking 30 annual; and (B) in subparagraph (C), by striking annual. (b) SHIPP Section 1231C(b) of the Food Security Act of 1985 (16 U.S.C. 3831c(b)) is amended— (1) in the subsection heading, by striking pilot; (2) by striking pilot each place it appears; (3) in paragraph (1)(A)(ii)— (A) by striking subclause (I); and (B) by redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (4) in paragraph (2)— (A) by striking the paragraph designation and heading and all that follows through The Secretary in subparagraph (A) and inserting the following: (2) Establishment The Secretary ; and (B) by striking subparagraph (B). (c) Conforming amendment Section 1231C of the Food Security Act of 1985 (16 U.S.C. 3831c) is amended by striking the section heading and inserting CLEAR 30 and SHIPP.. 5. Resource conserving use Section 1233(d) of the Food Security Act of 1985 (16 U.S.C. 3833(d)) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). 6. Payments (a) Timing Section 1234(a) of the Food Security Act of 1985 (16 U.S.C. 3834(a)) is amended— (1) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (3) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary and inserting the following: (1) In general The Secretary ; and (4) by adding at the end the following: (2) Allocation of payments for 30-year contracts Of the total amount of the payments under a contract enrolled under this subchapter for a term of 30 years, the Secretary shall provide— (A) not later than the end of the first year of the contract, 5/30 of that total amount; and (B) with respect to each of the sixth through thirtieth years of the contract, 1/30 of that total amount. . (b) Cost-Sharing payments Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 3834(b)) is amended by striking 50 each place it appears and inserting 75. (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 (2)(B)(i)— (A) by striking 85 and inserting 75; and (B) by striking 90 and inserting 110; and (2) in paragraph (4)(E)— (A) in clause (i), by striking 85 and inserting 75; and (B) in clause (ii), by striking 90 and inserting 110. 7. Modification of rental rate Section 1235(c) of the Food Security Act of 1985 (16 U.S.C. 3835(c)) is amended by adding at the end the following: (3) Modification of rental rate With respect to a contract entered into under this subchapter for a term of 30 years pursuant to section 1231(e)(3)— (A) on or after the date that is 10 years after the date on which the contract is entered into, the owner or operator may submit to the Secretary a request for a modification of the rental rate under subparagraph (B); and (B) on receipt of a request under subparagraph (A), the Secretary shall— (i) recalculate the annual rental payment amount for the contract based on the applicable rental rate published from the most recent annual survey conducted under section 1234(d)(4)(A); and (ii) modify the contract by applying the amount recalculated under clause (i) to each year remaining in the term of the contract. .