To modify conservation reserve program provisions.

SA 3134. Mr. THUNE submitted an amendment intended to be proposed by
him 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:

In section 2103, strike subsections (b) and (c) and insert
the following:
(b) Specified Activities Permitted.--Section 1233(b) of the
Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended--
(1) by striking paragraphs (1), (2), (3), and (5);
(2) by redesignating paragraph (4) as subparagraph (C) and
indenting appropriately;
(3) by inserting before subparagraph (C) (as so
redesignated) the following:
``(B) harvesting, grazing, or other commercial use of the
forage, without any reduction in the rental rate, in response
to--
``(i) drought;
``(ii) flooding;
``(iii) a state of emergency caused by drought or wildfire
that--

``(I) that is declared by the Governor, in consultation
with the State Committee of the Farm Service Agency, of the
State in which the land that is subject to a contract under
the conservation reserve program is located;
``(II) that covers any part of the State or the entire
State; and
``(III) the declaration of which under subclause (I) is not
objected to by the Secretary during the 5 business days after
the date of declaration; or

``(iv) any other emergency, as determined by the
Secretary;'';
(4) in the matter preceding subparagraph (B) (as so
designated), by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(5) in paragraph (1) (as so designated)--
(A) by inserting before subparagraph (B) (as so designated)
the following:
``(A) consistent with the conservation of soil, water
quality, and wildlife habitat--
``(i) managed harvesting and other commercial use
(including the managed harvesting of biomass), in exchange
for a reduction in the annual rental rate of 25 percent for
the acres covered by the activity, except that in permitting
those activities, the Secretary, in consultation with the
State technical committee established under section 1261(a)
for the applicable State, shall--

``(I) develop appropriate vegetation management
requirements;
``(II) subject harvesting to restrictions during the
primary nesting season for birds in the area, as determined
by the Secretary, in consultation with the State technical
committee;
``(III) not allow harvesting to occur more frequently than
once every 3 years on the same land; and
``(IV) not allow more than \1/3\ of the acres covered by
all of the conservation reserve program contracts of the
owner or operator to be harvested during any year; and

``(ii) grazing, in exchange for a reduction in the annual
rental rate of 25 percent for the acres covered by the
activity, except that in permitting that grazing, the
Secretary, in consultation with the State technical committee
established under section 1261(a) for the applicable State,
shall--

``(I) develop appropriate vegetation management
requirements and stocking rates, based on stocking rates
under the livestock forage disaster program established under
section 1501(c) of the Agricultural Act of 2014 (7 U.S.C.
9081(c)) (referred to in this subsection as the `livestock
forage disaster program'), for the land that are suitable for
continued grazing;
``(II) identify the periods during which grazing may be
conducted, taking into consideration regional differences,
such as--

``(aa) climate, soil type, and natural resources;
``(bb) the appropriate frequency and duration of grazing
activities; and
``(cc) how often during a year in which grazing is
permitted that grazing should be allowed to occur;

``(III) not allow grazing to occur more frequently than
once every 3 years on the same land;
``(IV)(aa) in the case of a conservation reserve program
contract that covers more than 20 acres, not allow more than
\1/3\ of the acres covered by all of the conservation reserve
program contracts of the owner or operator to be grazed
during any year; or

``(bb) in the case of a conservation reserve program
contract that covers less than or equal to 20 acres, allow
grazing on all of the land covered by the contract at 25
percent of the stocking rate permitted under the livestock
forage disaster program; and

``(V) allow a veteran or beginning farmer or rancher to
graze livestock without any reduction in the rental rate;
and''; and

(B) in subparagraph (C) (as so redesignated), by striking
``; and'' and inserting a period; and
(6) by adding at the end the following:
``(2) Restrictions and conditions.--Paragraph (1)(A) shall
be subject to the following restrictions and conditions:
``(A) Severe or higher intensity drought.--Land located in
a county that has been rated by the United States Drought
Monitor as having a D2 (severe drought) or greater intensity
for not less than 1 month during the normal grazing period
established under the livestock forage disaster program for
the 3 previous consecutive years shall be ineligible for
harvesting or grazing under paragraph (1)(A) for that year.
``(B) Damage to vegetative cover.--The Secretary, in
coordination with the applicable State technical committee
established under section 1265(a), may determine for any year
that harvesting or grazing under paragraph (1)(A) shall not
be permitted on land subject to a contract under the
conservation reserve program in a particular county if
harvesting or grazing for that year would cause long-term
damage to the vegetative cover on that land.
``(C) State acres for wildlife enhancement.--The Secretary,
in consultation with the State technical committee
established under section 1261(a) for the applicable State,
may allow grazing or harvesting in accordance with paragraph
(1)(A) on land covered by a contract enrolled under the State
acres for wildlife enhancement program established by the
Secretary or established under section 1231(j) through the
duration of that contract, if grazing or harvesting is
specifically permitted under the applicable State acres for
wildlife enhancement program agreement for that contract.
``(D) Conservation reserve enhancement program.--The
Secretary, in consultation with the State technical committee
established under section 1261(a) for the applicable State,
may allow grazing or harvesting

[[Page S4429]]

under paragraph (1)(A) to be conducted on land covered by a
contract enrolled under the conservation reserve enhancement
program established by the Secretary under this subchapter or
under section 1231A, if grazing or harvesting is specifically
permitted under the applicable conservation reserve
enhancement program agreement for that contract.''.
(c) Harvesting and Grazing.--Section 1233 of the Food
Security Act of 1985 (16 U.S.C. 3833) is amended by adding at
the end the following:
``(e) Harvesting and Grazing.--
``(1) In general.--The Secretary, in consultation with the
State technical committee established under section 1261(a)
for the applicable State, may permit harvesting and grazing
in accordance with subsection (b) on any land subject to a
contract under the conservation reserve program.
``(2) Exception.--The Secretary, in coordination with the
applicable State technical committee established under
section 1261(a), may determine for any year that harvesting
or grazing described in paragraph (1) shall not be permitted
on land subject to a contract under the conservation reserve
program in a particular county, or under a particular
practice, if harvesting or grazing for that year in that
county or under that practice, as applicable, would cause
long-term damage to vegetative cover on that land.''.
______