H.R. 10411 – To direct the Secretary of Agriculture to consider certain acreage not planted…

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Updated September 22, 2026 at 7:55 AM UTC

The bill tells the Secretary of Agriculture to treat farm acres that aren’t planted because there isn’t enough irrigation water as eligible for prevented‑planting payments under existing farm programs. It sets out the conditions a farmer must meet for the acreage to qualify and creates a sliding scale that reduces payments the longer the same land remains unplanted. The changes also require updates to the regulations that define drought and disaster determinations.

Key Provisions

Defines “irrigation water” as any water a landowner can legally use for irrigation, coming from sources like snowmelt, runoff, streams, reservoirs, or groundwater.
Acreage can be considered prevented‑planting if (1) the farmer reasonably expected insufficient irrigation water, (2) irrigation infrastructure is in place and working, (3) the land was irrigated in at least one of the past four years, (4) the same crop was planted there in a past year, and (5) the land cannot support dry‑land farming for that crop.
Payments for such acreage are reduced: 50% after five‑to‑eight consecutive years, 75% after nine‑to‑ten years, and 100% after the eleventh year onward, at which point the land becomes permanently ineligible for payments.
Requires the USDA to amend regulations so drought at the source of irrigation water counts as a drought condition, and to have the Commodity Credit Corporation consult county and state technical committees when determining natural disasters.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Agriculture.

Agriculture Committee

September 16, 2026

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HouseIntro Referral

Introduced in House

September 16, 2026

HouseIntro Referral

Referred to the House Committee on Agriculture.

Agriculture Committee

September 16, 2026

Bill Text

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Introduced in HouseIssued September 16, 2026

I

119th CONGRESS

2d Session

H. R. 10411

IN THE HOUSE OF REPRESENTATIVES

September 16, 2026

Mr. Hurd of Colorado (for himself and Mr. Evans of Colorado) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To direct the Secretary of Agriculture to consider certain acreage not planted due to a lack of irrigation water to be eligible for prevented planting payments, and for other purposes.

1.

Eligibility of acreage not planted due to lack of irrigation water

(a)

Definitions

In this section:

(1)

Covered program

The term covered program means a program to which section 718.103 of title 7, Code of Federal Regulations (or a successor regulation), applies.

(2)

Irrigation water

The term irrigation water means any water that—

(A)

a landowner has access to, through appropriation, allocation, open access, or other availability, for the use of irrigating crops; and

(B)

is sourced through snowmelt, runoff, stream flow, reservoir, groundwater aquifer, or another similar source.

(3)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Farm Service Agency.

(b)

Eligibility

In carrying out any covered program, the Secretary shall consider acreage on a farm to be prevented from planting for a crop year if—

(1)

the producers on the farm did not plant those acres based on a reasonable expectation that there would be insufficient irrigation water available for that crop year to irrigate those acres;

(2)

the infrastructure to irrigate those acres is installed and functional for that crop year;

(3)

those acres have been irrigated in one or more of the previous 4 crop years in which irrigation water was sufficient;

(4)

in one or more of the previous 4 crop years, the producers on the farm planted to those acres the same crop that was prevented from planting; and

(5)

the land or environment for the acres prevented from planting does not support dryland farming for the crop that was prevented from planting.

(c)

Limitations

(1)

Reduction in payment amounts

The Secretary shall reduce the amount of any payments provided under covered programs with respect to acreage that the Secretary considers to be prevented from planting pursuant to subsection (b)—

(A)

for the fifth through eighth consecutive crop years by 50 percent;

(B)

for the ninth and tenth consecutive crop years by 75 percent; and

(C)

for the eleventh consecutive crop year and each crop year thereafter by 100 percent.

(2)

Ineligibility

Any acreage subject to a reduction under paragraph (1)(C) shall be permanently ineligible for payments provided under covered programs.

(d)

Revisions to regulations

(1)

Drought conditions

The Secretary of Agriculture shall revise section 718.103(e) of title 7, Code of Federal Regulations, to provide that a lack of water resulting from drought conditions described in that section shall include a lack of water resulting from drought conditions at the source of an irrigation supply.

(2)

Disaster determination

The Secretary of Agriculture shall revise section 718.103(g) of title 7, Code of Federal Regulations, to provide that, in determining natural disasters described in that section, the Commodity Credit Corporation shall consult with Farm Service Agency county committees and State technical committees.