S.Amdt. 3084

SA 3084. Ms. HEITKAMP submitted an amendment intended to be proposed
by her to the bill H.R. 2, to provide for the reform and continuation
of agricultural and other programs of the Department of Agriculture
through fiscal year 2023, and for other purposes; which was ordered to
lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 125___. STATE AND TRIBAL REGULATION OF FORM OF
AGRICULTURAL BUSINESS ENTITIES.

(a) Declaration of Policy.--It is the policy of Congress
that it is in the public interest for each State and Indian
Tribe to continue to regulate the form of a business entity
that may engage in farming or livestock production within the
State or territory of the Indian Tribe or own agricultural
land within the State or territory of the Indian Tribe,
including through laws or regulations that restrict or
prohibit certain types of business entities from--
(1) engaging in farming or livestock production within the
State or territory of the Indian Tribe; or
(2) owning agricultural land within the State or territory
of the Indian tribe.
(b) Consent to State and Tribal Regulation.--
(1) In general.--A State or Indian Tribe may regulate the
form of a business entity that may--
(A) engage in farming or livestock production within the
State or territory of the Indian Tribe; or
(B) own agricultural land within the State or territory of
the Indian Tribe.
(2) Construction.--Paragraph (1) and the policy described
in subsection (a) shall be construed to eliminate any barrier
under the Commerce Clause of section 8 of article I of the
Constitution of the United States to the regulation by a
State or Indian tribe described in paragraph (1).
(3) Effect of silence.--Silence in any law of Congress
enacted before, on, or after the date of enactment of this
Act with respect to the regulation by a State or Indian Tribe
described in paragraph (1) shall not be construed to preclude
that regulation.

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