Text: H.R.2 — 115th Congress (2017-2018)All Information (Except Text)

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Engrossed Amendment Senate (06/28/2018)

In the Senate of the United States,

June 28, 2018.  

Resolved, That the bill from the House of Representatives (H.R. 2) entitled “An Act 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.”, do pass with the following

AMENDMENT:

Strike all after the enacting clause and insert the following:

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the Agriculture Improvement Act of 2018.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

Sec. 1101. Payment acres.

Sec. 1102. Producer election.

Sec. 1103. Price loss coverage.

Sec. 1104. Agriculture risk coverage.

Sec. 1105. Repeal of transition assistance for producers of upland cotton.

Sec. 1106. Option to change producer election.

Sec. 1201. Extensions.

Sec. 1202. Repeal; unshorn pelts.

Sec. 1203. Economic adjustment assistance for upland cotton users.

Sec. 1301. Sugar program.

Sec. 1401. Dairy risk coverage.

Sec. 1411. Reauthorizations.

Sec. 1412. Class I skim milk price.

Sec. 1413. Milk donation program.

Sec. 1501. Supplemental agricultural disaster assistance.

Sec. 1502. Loss of peach and blueberry crops due to extreme cold.

Sec. 1601. Noninsured crop assistance program.

Sec. 1602. Additional assistance for certain producers.

Sec. 1701. Regulations.

Sec. 1702. Suspension of permanent price support authority.

Sec. 1703. Implementation.

Sec. 1704. Definition of significant contribution of active personal management.

Sec. 1705. Actively engaged in farming requirement.

Sec. 1706. Adjusted gross income limitation.

Sec. 1707. Base acres review.

Sec. 1708. Farm Service Agency accountability.

Sec. 1709. Technical corrections.

TITLE II—CONSERVATION

Subtitle A—Conservation Reserve Program


Sec. 2101. Extension and enrollment requirements of conservation reserve program.

Sec. 2102. Farmable wetland program.

Sec. 2103. Duties of the Secretary.

Sec. 2104. Payments.

Sec. 2105. Conservation reserve enhancement program.

Sec. 2106. Contracts.

Sec. 2107. Conservation reserve easements.

Sec. 2108. Eligible land; State law requirements.

Subtitle B—Conservation Stewardship Program


Sec. 2201. Definitions.

Sec. 2202. Establishment.

Sec. 2203. Stewardship contracts.

Sec. 2204. Duties of Secretary.

Subtitle C—Environmental Quality Incentives Program


Sec. 2301. Purposes.

Sec. 2302. Definitions.

Sec. 2303. Establishment and administration.

Sec. 2304. Evaluation of applications.

Sec. 2305. Duties of the Secretary.

Sec. 2306. Environmental quality incentives program plan.

Sec. 2307. Limitation on payments.

Sec. 2308. Conservation innovation grants and payments.

Sec. 2309. Soil health demonstration pilot project.

Subtitle D—Other Conservation Programs


Sec. 2401. Wetland conservation.

Sec. 2402. Conservation security program.

Sec. 2403. Conservation of private grazing land.

Sec. 2404. Soil health and income protection program.

Sec. 2405. Grassroots source water protection program.

Sec. 2406. Soil testing and remediation assistance.

Sec. 2407. Voluntary public access and habitat incentive program.

Sec. 2408. Agriculture conservation experienced services program.

Sec. 2409. Remote telemetry data system.

Sec. 2410. Agricultural conservation easement program.

Sec. 2411. Regional conservation partnership program.

Sec. 2412. Wetland conversion.

Sec. 2413. Delineation of wetlands.

Sec. 2414. Emergency conservation program.

Sec. 2415. Watershed protection and flood prevention.

Sec. 2416. Small watershed rehabilitation program.

Sec. 2417. Repeal of Conservation Corridor Demonstration Program.

Sec. 2418. Repeal of cranberry acreage reserve program.

Sec. 2419. Repeal of National Natural Resources Foundation.

Sec. 2420. Repeal of flood risk reduction.

Sec. 2421. Repeal of study of land use for expiring contracts and extension of authority.

Sec. 2422. Repeal of Integrated Farm Management Program Option.

Sec. 2423. Repeal of clarification of definition of agricultural lands.

Sec. 2424. Resource conservation and development program.

Sec. 2425. Wildlife management.

Sec. 2426. Healthy forests reserve program.

Sec. 2427. Watershed protection.

Sec. 2428. Sense of Congress relating to increased watershed-based collaboration.

Sec. 2429. Modifications to conservation easement program.

Subtitle E—Funding and Administration


Sec. 2501. Funding.

Sec. 2502. Delivery of technical assistance.

Sec. 2503. Administrative requirements for conservation programs.

Sec. 2504. Definition of acequia.

Sec. 2505. Authorization of appropriations for water bank program.

Sec. 2506. Report on land access, tenure, and transition.

Sec. 2507. Report on small wetlands.

Sec. 2508. State technical committees.

Subtitle F—Technical Corrections


Sec. 2601. Farmable wetland program.

Sec. 2602. Report on program enrollments and assistance.

Sec. 2603. Delivery of technical assistance.

Sec. 2604. State technical committees.

TITLE III—TRADE

Subtitle A—Food for Peace Act


Sec. 3101. Food aid quality.

Sec. 3102. Generation and use of currencies by private voluntary organizations and cooperatives.

Sec. 3103. Minimum levels of assistance.

Sec. 3104. Food Aid Consultative Group.

Sec. 3105. Oversight, monitoring, and evaluation.

Sec. 3106. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.

Sec. 3107. Allowance of distribution costs.

Sec. 3108. Prepositioning of agricultural commodities.

Sec. 3109. Annual report regarding food aid programs and activities.

Sec. 3110. Deadline for agreements to finance sales or to provide other assistance.

Sec. 3111. Nonemergency food assistance.

Sec. 3112. Micronutrient fortification programs.

Sec. 3113. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.

Subtitle B—Agricultural Trade Act of 1978


Sec. 3201. Priority trade promotion, development, and assistance.

Subtitle C—Other Agricultural Trade Laws


Sec. 3301. Food for Progress Act of 1985.

Sec. 3302. Bill Emerson Humanitarian Trust Act.

Sec. 3303. Promotion of agricultural exports to emerging markets.

Sec. 3304. Cochran emerging market fellowship program.

Sec. 3305. Borlaug International Agricultural Science and Technology Fellowship Program.

Sec. 3306. International food security technical assistance.

Sec. 3307. McGovern-Dole International Food for Education and Child Nutrition Program.

Sec. 3308. Global Crop Diversity Trust.

Sec. 3309. Local and regional food aid procurement projects.

Sec. 3310. Foreign trade missions.

TITLE IV—NUTRITION

Subtitle A—Supplemental Nutrition Assistance Program


Sec. 4101. Definition of certification period.

Sec. 4102. Food distribution program on Indian reservations.

Sec. 4103. Work requirements for supplemental nutrition assistance program.

Sec. 4104. Improvements to electronic benefit transfer system.

Sec. 4105. Retail incentives.

Sec. 4106. Required action on data match information.

Sec. 4107. Income verification.

Sec. 4108. Pilot projects to improve healthy dietary patterns related to fluid milk in the supplemental nutrition assistance program.

Sec. 4109. Interstate data matching to prevent multiple issuances.

Sec. 4110. Quality control.

Sec. 4111. Requirement of live-production environments for certain pilot projects relating to cost sharing for computerization.

Sec. 4112. Authorization of appropriations.

Sec. 4113. Assistance for community food projects.

Sec. 4114. Nutrition education State plans.

Sec. 4115. Emergency food assistance program.

Sec. 4116. Technical and conforming amendments.

Subtitle B—Commodity Distribution Programs


Sec. 4201. Commodity distribution program.

Sec. 4202. Commodity supplemental food program.

Sec. 4203. Distribution of surplus commodities; special nutrition projects.

Subtitle C—Miscellaneous


Sec. 4301. Purchase of specialty crops.

Sec. 4302. Seniors farmers' market nutrition program.

Sec. 4303. The Gus Schumacher food insecurity nutrition incentive.

Sec. 4304. Harvesting health pilot projects.

TITLE V—CREDIT

Subtitle A—Farm Ownership Loans


Sec. 5101. Modification of the 3-year experience requirement for purposes of eligibility for farm ownership loans.

Sec. 5102. Conservation loan and loan guarantee program.

Sec. 5103. Limitations on amount of farm ownership loans.

Subtitle B—Operating Loans


Sec. 5201. Limitations on amount of operating loans.

Sec. 5202. Cooperative lending pilot projects.

Subtitle C—Administrative Provisions


Sec. 5301. Beginning farmer and rancher individual development accounts pilot program.

Sec. 5302. Loan authorization levels.

Sec. 5303. Loan fund set-asides.

Sec. 5304. Equitable relief.

Sec. 5305. Socially disadvantaged farmers and ranchers; qualified beginning farmers and ranchers.

Sec. 5306. Emergency loan eligibility.

Subtitle D—Miscellaneous


Sec. 5401. State agricultural mediation programs.

Sec. 5402. Socially disadvantaged farmers and ranchers.

Sec. 5403. Sharing of privileged and confidential information.

Sec. 5404. Removal and prohibition authority; industry-wide prohibition.

Sec. 5405. Jurisdiction over institution-affiliated parties.

Sec. 5406. Definition of institution-affiliated party.

Sec. 5407. Repeal of obsolete provisions; technical corrections.

Sec. 5408. Corporation as conservator or receiver; certain other powers.

Sec. 5409. Reporting.

Sec. 5410. Sense of the Senate.

TITLE VI—RURAL DEVELOPMENT

Subtitle A—Consolidated Farm and Rural Development Act


Sec. 6101. Water, waste disposal, and wastewater facility grants.

Sec. 6102. Rural water and wastewater technical assistance and training programs.

Sec. 6103. Rural water and wastewater circuit rider program.

Sec. 6104. Tribal college and university essential community facilities.

Sec. 6105. Community facilities direct loans and grants for substance use disorder treatment services.

Sec. 6106. Emergency and imminent community water assistance grant program.

Sec. 6107. Water systems for rural and native villages in Alaska.

Sec. 6108. Rural decentralized water systems.

Sec. 6109. Solid waste management grants.

Sec. 6110. Rural business development grants.

Sec. 6111. Rural cooperative development grants.

Sec. 6112. Locally or regionally produced agricultural food products.

Sec. 6113. Appropriate technology transfer for rural areas program.

Sec. 6114. Rural economic area partnership zones.

Sec. 6115. Intemediary relending program.

Sec. 6116. Single application for broadband.

Sec. 6117. Loan guarantee loan fees.

Sec. 6118. Rural Business-Cooperative Service programs technical assistance and training.

Sec. 6119. National rural development partnership.

Sec. 6120. Grants for NOAA weather radio transmitters.

Sec. 6121. Rural microentrepreneur assistance program.

Sec. 6122. Health care services.

Sec. 6123. Strategic economic and community development.

Sec. 6124. Delta Regional Authority.

Sec. 6125. Rural business investment program.

Subtitle B—Rural Electrification Act of 1936


Sec. 6201. Electric loan refinancing.

Sec. 6202. Technical assistance for rural electrification loans.

Sec. 6203. Loans for telephone service.

Sec. 6204. Cushion of credit payments program.

Sec. 6205. Guarantees for bonds and notes issued for electrification or telephone purposes.

Sec. 6206. Access to broadband telecommunications services in rural areas.

Sec. 6207. Community Connect Grant Program.

Sec. 6208. Transparency in the Telecommunications Infrastructure Loan Program.

Sec. 6209. Refinancing of broadband and telephone loans.

Sec. 6210. Cybersecurity and grid security improvements.

Subtitle C—Miscellaneous


Sec. 6301. Distance learning and telemedicine.

Sec. 6302. Rural energy savings program.

Sec. 6303. Rural health and safety education programs.

Sec. 6304. Northern Border Regional Commission reauthorization.

Sec. 6305. Council on Rural Community Innovation and Economic Development.

TITLE VII—RESEARCH, EXTENSION, AND RELATED MATTERS

Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of 1977


Sec. 7101. Purposes of agricultural research, extension, and education.

Sec. 7102. Matters relating to certain school designations and declarations.

Sec. 7103. National Agricultural Research, Extension, Education, and Economics Advisory Board.

Sec. 7104. Citrus disease subcommittee of specialty crop committee.

Sec. 7105. Veterinary services grant program.

Sec. 7106. Grants and fellowships for food and agriculture sciences education.

Sec. 7107. Research equipment grants.

Sec. 7108. Agricultural and food policy research centers.

Sec. 7109. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions.

Sec. 7110. Next generation agriculture technology challenge.

Sec. 7111. Nutrition education program.

Sec. 7112. Authorization for appropriations for Federal agricultural research facilities.

Sec. 7113. Continuing animal health and disease research programs.

Sec. 7114. Extension at 1890 land-grant colleges, including Tuskegee University; report.

Sec. 7115. Report on agricultural research at 1890 land-grant colleges, including Tuskegee University.

Sec. 7116. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University.

Sec. 7117. Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions.

Sec. 7118. New Beginning for Tribal Students.

Sec. 7119. Hispanic-serving institutions.

Sec. 7120. Binational agricultural research and development.

Sec. 7121. Partnerships to build capacity in international agricultural research, extension, and teaching.

Sec. 7122. Competitive grants for international agricultural science and education programs.

Sec. 7123. University research.

Sec. 7124. Extension service.

Sec. 7125. Supplemental and alternative crops; hemp.

Sec. 7126. New Era Rural Technology program.

Sec. 7127. Capacity building grants for NLGCA institutions.

Sec. 7128. Agriculture Advanced Research and Development Authority pilot.

Sec. 7129. Aquaculture assistance programs.

Sec. 7130. Repeal of rangeland research programs.

Sec. 7131. Special authorization for biosecurity planning and response.

Sec. 7132. Distance education and resident instruction grants program for insular area institutions of higher education.

Sec. 7133. Limitation on designation of entities eligible to receive funds under a capacity program.

Sec. 7134. Scholarship program for students attending 1890 Institutions.

Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990


Sec. 7201. Best utilization of biological applications.

Sec. 7202. Integrated management systems.

Sec. 7203. Sustainable agriculture technology development and transfer program.

Sec. 7204. National training program.

Sec. 7205. National strategic germplasm and cultivar collection assessment and utilization plan.

Sec. 7206. National Genetics Resources Program.

Sec. 7207. National Agricultural Weather Information System.

Sec. 7208. Agricultural genome to phenome initiative.

Sec. 7209. High-priority research and extension initiatives.

Sec. 7210. Organic agriculture research and extension initiative.

Sec. 7211. Farm business management.

Sec. 7212. Urban, indoor, and other emerging agricultural production research, education, and extension initiative.

Sec. 7213. Centers of excellence at 1890 Institutions.

Sec. 7214. Assistive technology program for farmers with disabilities.

Sec. 7215. National Rural Information Center Clearinghouse.

Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998


Sec. 7301. National food safety training, education, extension, outreach, and technical assistance program.

Sec. 7302. Integrated research, education, and extension competitive grants program.

Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica.

Sec. 7304. Grants for youth organizations.

Sec. 7305. Specialty crop research initiative.

Sec. 7306. Food Animal Residue Avoidance Database program.

Sec. 7307. Office of Pest Management Policy.

Sec. 7308. Forestry products advanced utilization research.

Subtitle D—Other Laws


Sec. 7401. Critical Agricultural Materials Act.

Sec. 7402. Equity in Educational Land-Grant Status Act of 1994.

Sec. 7403. Research Facilities Act.

Sec. 7404. Agricultural and food research initiative.

Sec. 7405. Extension design and demonstration initiative.

Sec. 7406. Renewable Resources Extension Act of 1978.

Sec. 7407. National Aquaculture Act of 1980.

Sec. 7408. Repeal of review of Agricultural Research Service.

Sec. 7409. Biomass research and development.

Sec. 7410. Reinstatement of matching requirement for Federal funds used in extension work at the University of the District of Columbia.

Sec. 7411. Enhanced use lease authority pilot program.

Sec. 7412. Transfer of administrative jurisdiction over portion of Henry A. Wallace Beltsville Agricultural Research Center, Beltsville, Maryland.

Sec. 7413. Foundation for food and agriculture research.

Sec. 7414. Assistance for forestry research under the McIntire-Stennis Cooperative Forestry Act.

Sec. 7415. Legitimacy of industrial hemp research.

Sec. 7416. Collection of data relating to barley area planted and harvested.

Sec. 7417. Collection of data relating to the size and location of dairy farms.

Sec. 7418. Agriculture innovation center demonstration program.

Sec. 7419. Smith-Lever community extension program.

Subtitle E—Food, Conservation, and Energy Act of 2008

PART I—AGRICULTURAL SECURITY


Sec. 7501. Agricultural biosecurity communication center.

Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response.

Sec. 7503. Research and development of agricultural countermeasures.

Sec. 7504. Agricultural biosecurity grant program.

PART II—MISCELLANEOUS PROVISIONS


Sec. 7511. Farm and Ranch Stress Assistance Network.

Sec. 7512. Natural products research program.

Sec. 7513. Sun grant program.

Sec. 7514. Mechanization and automation for specialty crops.

Subtitle F—Matching Funds Requirement


Sec. 7601. Matching funds requirement.

Sec. 7602. Extension and agricultural research at 1890 land-grant colleges, including Tuskegee University.

TITLE VIII—FORESTRY

Subtitle A—Cooperative Forestry Assistance Act of 1978


Sec. 8101. State and private forest landscape-scale restoration program.

Subtitle B—Forest and Rangeland Renewable Resources Research Act of 1978


Sec. 8201. Repeal of recycling research.

Sec. 8202. Repeal of forestry student grant program.

Subtitle C—Global Climate Change Prevention Act of 1990


Sec. 8301. Repeals.

Subtitle D—Healthy Forests Restoration Act of 2003


Sec. 8401. Promoting cross-boundary wildfire mitigation.

Sec. 8402. Authorization of appropriations for hazardous fuel reduction on Federal land.

Sec. 8403. Repeal of biomass commercial utilization grant program.

Sec. 8404. Water Source Protection Program.

Sec. 8405. Watershed Condition Framework.

Sec. 8406. Authorization of appropriations to combat insect infestations and related diseases.

Sec. 8407. Healthy Forests Reserve Program reauthorization.

Sec. 8408. Authorization of appropriations for designation of treatment areas.

Sec. 8409. Administrative review of collaborative restoration projects.

Subtitle E—Repeal or Reauthorization of Miscellaneous Forestry Programs


Sec. 8501. Repeal of revision of strategic plan for forest inventory and analysis.

Sec. 8502. Semiarid agroforestry research center.

Sec. 8503. National Forest Foundation Act.

Sec. 8504. Conveyance of Forest Service administrative sites.

Subtitle F—Forest Management


Sec. 8601. Definitions.

PART I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES


Sec. 8611. Categorical exclusion for greater sage-grouse and mule deer habitat.

PART II—MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES


Sec. 8621. Additional authority for sale or exchange of small parcels of National Forest System land.

Sec. 8622. Forest Service participation in ACES program.

Sec. 8623. Authorization for lease of Forest Service sites.

Sec. 8624. Good neighbor authority.

Sec. 8625. Wildland-urban interface.

Sec. 8626. Chattahoochee-Oconee National Forest land adjustment.

Sec. 8627. Tennessee wilderness.

Sec. 8628. Additions to Rough Mountain and Rich Hole Wildernesses.

Sec. 8629. Kisatchie National Forest land conveyance.

Sec. 8630. Purchase of Natural Resources Conservation Service property, Riverside County, California.

Sec. 8631. Collaborative Forest Landscape Restoration Program.

Sec. 8632. Utility infrastructure rights-of-way vegetation management pilot program.

Sec. 8633. Okhissa Lake rural economic development land conveyance.

Sec. 8634. Prairie dogs.

PART III—TIMBER INNOVATION


Sec. 8641. Definitions.

Sec. 8642. Clarification of research and development program for wood building construction.

Sec. 8643. Wood innovation grant program.

TITLE IX—ENERGY


Sec. 9101. Definitions.

Sec. 9102. Biobased markets program.

Sec. 9103. Biorefinery assistance.

Sec. 9104. Repowering assistance program.

Sec. 9105. Bioenergy program for advanced biofuel.

Sec. 9106. Biodiesel fuel education program.

Sec. 9107. Rural Energy for America Program.

Sec. 9108. Rural energy self-sufficiency initiative.

Sec. 9109. Feedstock flexibility program for bioenergy producers.

Sec. 9110. Biomass Crop Assistance Program.

Sec. 9111. Biogas research and adoption of biogas systems.

Sec. 9112. Community Wood Energy Program.

Sec. 9113. Carbon utilization education program.

TITLE X—HORTICULTURE


Sec. 10101. Specialty crops market news allocation.

Sec. 10102. Local Agriculture Market Program.

Sec. 10103. Organic production and market data initiatives.

Sec. 10104. Organic certification.

Sec. 10105. National organic certification cost-share program.

Sec. 10106. Food safety education initiatives.

Sec. 10107. Specialty crop block grants.

Sec. 10108. Plant variety protection.

Sec. 10109. Multiple crop and pesticide use survey.

Sec. 10110. Clarification of use of funds for technical assistance.

Sec. 10111. Hemp production.

Sec. 10112. Rule of construction.

TITLE XI—CROP INSURANCE


Sec. 11101. Definitions.

Sec. 11102. Data collection.

Sec. 11103. Sharing of records.

Sec. 11104. Use of resources.

Sec. 11105. Specialty crops.

Sec. 11106. Insurance period.

Sec. 11107. Cover crops.

Sec. 11108. Underserved producers.

Sec. 11109. Expansion of performance-based discount.

Sec. 11110. Enterprise units.

Sec. 11111. Pasture, rangeland, and forage policy for members of Indian tribes.

Sec. 11112. Submission of policies and materials to board.

Sec. 11113. Whole farm revenue agent incentives.

Sec. 11114. Crop production on native sod.

Sec. 11115. Use of national agricultural statistics service data to combat waste, fraud, and abuse.

Sec. 11116. Submission of information to corporation.

Sec. 11117. Acreage report streamlining initiative.

Sec. 11118. Continuing education for loss adjusters and agents.

Sec. 11119. Funding for information technology.

Sec. 11120. Agricultural commodity.

Sec. 11121. Reimbursement of research, development, and maintenance costs.

Sec. 11122. Research and development authority.

Sec. 11123. Education assistance.

Sec. 11124. Cropland report annual updates.

TITLE XII—MISCELLANEOUS

Subtitle A—Livestock


Sec. 12101. Sheep production and marketing grant program.

Sec. 12102. National animal health laboratory network.

Sec. 12103. National Animal Disease Preparedness, Response, and Recovery Program; National Animal Vaccine and Veterinary Countermeasures Bank.

Sec. 12104. Study on livestock dealer statutory trust.

Sec. 12105. Definition of livestock.

Subtitle B—Agriculture and Food Defense


Sec. 12201. Repeal of Office of Homeland Security.

Sec. 12202. Office of Homeland Security.

Sec. 12203. Agriculture and food defense.

Sec. 12204. Biological agents and toxins list.

Sec. 12205. Authorization of appropriations.

Subtitle C—Historically Underserved Producers


Sec. 12301. Farming opportunities training and outreach.

Sec. 12302. Urban agriculture.

Sec. 12303. Office of Advocacy and Outreach.

Sec. 12304. Tribal Advisory Committee.

Sec. 12305. Experienced services program.

Sec. 12306. Youth outreach and beginning farmer coordination.

Sec. 12307. Availability of Department of Agriculture programs for veteran farmers and ranchers.

Subtitle D—Department of Agriculture Reorganization Act of 1994 amendments


Sec. 12401. Office of Congressional Relations and Intergovernmental Affairs.

Sec. 12402. Military Veterans Agricultural Liaison.

Sec. 12403. Civil rights analyses.

Sec. 12404. Farm Service Agency.

Sec. 12405. Under Secretary of Agriculture for Farm Production and Conservation.

Sec. 12406. Under Secretary of Agriculture for Rural Development.

Sec. 12407. Administrator of the Rural Utilities Service.

Sec. 12408. Rural Health Liaison.

Sec. 12409. Healthy Food Financing Initiative.

Sec. 12410. Natural Resources Conservation Service.

Sec. 12411. Office of the Chief Scientist.

Sec. 12412. Trade and foreign agricultural affairs.

Sec. 12413. Repeals.

Sec. 12414. Technical corrections.

Sec. 12415. Effect of subtitle.

Sec. 12416. Termination of authority.

Subtitle E—Other Miscellaneous Provisions


Sec. 12501. Acer access and development program.

Sec. 12502. South Carolina inclusion in Virginia/Carolina peanut producing region.

Sec. 12503. Pet and Women Safety.

Sec. 12504. Data on conservation practices.

Sec. 12505. Marketing orders.

Sec. 12506. Study on food waste.

Sec. 12507. Report on business centers.

Sec. 12508. Information technology modernization.

Sec. 12509. Report on personnel.

Sec. 12510. Report on absent landlords.

Sec. 12511. Restriction on use of certain poisons for predator control.

Sec. 12512. Century farms program.

Sec. 12513. Report on the importation of live dogs.

Sec. 12514. Establishment of technical assistance program.

Sec. 12515. Promise Zones.

Sec. 12516. Precision agriculture connectivity.

Sec. 12517. Improved soil moisture and precipitation monitoring.

Sec. 12518. Study of marketplace fraud of traditional foods and Tribal seeds.


Sec. 12519. Dairy business innovation initiatives.

Sec. 12520. Report on funding for the National Institute of Food and Agriculture and other extension programs.

Sec. 12521. Prohibition on slaughter of dogs and cats for human consumption.

Subtitle F—General Provisions


Sec. 12601. Expedited exportation of certain species.

Sec. 12602. Baiting of migratory game birds.

Sec. 12603. Pima agriculture cotton trust fund.

Sec. 12604. Agriculture wool apparel manufacturers trust fund.

Sec. 12605. Wool research and promotion.

Sec. 12606. Emergency Citrus Disease Research and Development Trust Fund.

Sec. 12607. Extension of merchandise processing fees.

Sec. 12608. Conforming changes to Controlled Substances Act.

Sec. 12609. National Flood Insurance Program reauthorization.

Sec. 12610. Emergency assistance for livestock, honey bees, and farm-raised fish.

Sec. 12611. Administrative units.

Sec. 12612. Drought and water conservation agreements.

Sec. 12613. Encouragement of pollinator habitat development and protection.

Sec. 12614. Repair or replacement of fencing; cost share payments.

Sec. 12615. Food donation standards.

Sec. 12616. Micro-grants for food security.

Sec. 12617. Use of additional Commodity Credit Corporation funds for direct operating microloans under certain conditions.

Sec. 12618. Business and innovation services essential community facilities.

Sec. 12619. Rural innovation stronger economy grant program.

Sec. 12620. Dryland farming agricultural systems.

Sec. 12621. Remote sensing technologies.

Sec. 12622. Buy American requirements.

Sec. 12623. Eligibility for operators on heirs property land to obtain a farm number.

Sec. 12624. Loans to purchasers of land with undivided interest and no administrative authority.

Sec. 12625. Farmland ownership data collection.

Sec. 12626. Rural business investment program.

Sec. 12627. National Oilheat Research Alliance.

Sec. 12628. Reauthorization of rural emergency medical services training and equipment assistance program.

SEC. 2. Definition of Secretary.

In this Act, the term Secretary means the Secretary of Agriculture.

SEC. 1101. Payment acres.

Section 1114(e) of the Agricultural Act of 2014 (7 U.S.C. 9014(e)) is amended by adding at the end the following:

“(5) RECALCULATION OF BASE ACRES.—

“(A) IN GENERAL.—If the Secretary recalculates base acres for a farm while a farm is engaged in planting and production of fruits, vegetables, or wild rice on base acres for which a reduction in payment acres was made under this subsection, that planting and production shall be considered to be the same as the planting and production of a covered commodity.

“(B) PROHIBITION.—Nothing in this paragraph provides authority for the Secretary to recalculate base acres for a farm.”.

SEC. 1102. Producer election.

Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015) is amended—

(1) in subsection (a), in the matter preceding paragraph (1), by striking Except as provided in subsection (g), for the 2014 through 2018 crop years and inserting For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2023 crop years;

(2) in subsection (c)—

(A) in the matter preceding paragraph (1), by inserting or the 2019 crop year, as applicable after 2014 crop year;

(B) in paragraph (1), by inserting or the 2019 crop year, as applicable, after 2014 crop year; and

(C) in paragraph (2)—

(i) by striking elected price and inserting the following: “elected, as applicable—

“(A) price”; and

(ii) in subparagraph (A) (as so designated), by striking the period at the end and inserting the following: “; and

“(B) county coverage for all covered commodities on the farm for the 2020 through 2023 crop years.”; and

(3) in subsection (g)(1), by inserting for the 2018 crop year, before all of the producers.

SEC. 1103. Price loss coverage.

Section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016) is amended—

(1) in subsections (a) and (d) by striking 2018 each place it appears and inserting 2023; and

(2) in subsection (c)—

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(B) in the matter preceding subparagraph (A) (as so redesignated), by striking The payment and inserting the following:

“(1) IN GENERAL.—The payment”; and

(C) by adding at the end the following:

“(2) ANNOUNCEMENT.—Not later than 30 days after the end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate determined under paragraph (1).”.

SEC. 1104. Agriculture risk coverage.

Section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) is amended—

(1) in subsection (a), in the matter preceding paragraph (1)—

(A) by inserting (beginning with the 2019 crop year, based on the physical location of the farm) after payments; and

(B) by inserting or the 2019 through 2023 crop years, as applicable after 2014 through 2018 crop years;

(2) in subsection (c)—

(A) in paragraph (2)—

(i) in subparagraph (A), by striking paragraph (4) and inserting paragraphs (4) and (5); and

(ii) in subparagraph (B), by striking (5) and inserting (6);

(B) in paragraph (3)—

(i) in subparagraph (A)(ii), by striking (5) and inserting (6); and

(ii) in subparagraph (C), by striking 2018 and inserting 2023;

(C) in paragraph (4)—

(i) by striking If and inserting Effective for the 2019 through 2023 crop years, if; and

(ii) by striking 70 percent each place it appears and inserting 75 percent;

(D) by redesignating paragraph (5) as paragraph (6); and

(E) by inserting after paragraph (4) the following:

“(5) TREND-ADJUSTED YIELD.—The Secretary shall calculate and use a trend-adjusted yield factor to adjust the yield determined under paragraph (2)(A) and subsection (b)(1)(A), taking into consideration, but not exceeding, the trend-adjusted yield factor that is used to increase yield history under the endorsement under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for that crop and county.”;

(3) in subsection (d)—

(A) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(C) in the matter preceding subparagraph (A) (as so redesignated), by striking The payment and inserting the following:

“(1) IN GENERAL.—The payment”; and

(D) by adding at the end the following:

“(2) ANNOUNCEMENT.—Not later than 30 days after the end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate determined under paragraph (1) for each county.”;

(4) in subsection (e), in the matter preceding paragraph (1), by striking 2018 and inserting 2023;

(5) in subsection (g)—

(A) in paragraph (2), by inserting in accordance with subsection (h), before to the maximum extent practicable;

(B) in paragraph (3), by striking and after the semicolon at the end;

(C) in paragraph (4)—

(i) in the matter preceding subparagraph (A), by inserting effective for the 2014 through 2018 crop years, before in the case of; and

(ii) in subparagraph (B), by striking the period at the end and inserting ; and; and

(D) by adding at the end the following:

“(5) effective for the 2019 through 2023 crop years, in the case of county coverage—

“(A) effective beginning with actual county yields for the 2019 crop year, assign an actual county yield for each planted acre for the crop year for the covered commodity by giving priority to—

“(i) the use of actual county yields in, to the maximum extent practicable, a single source of data that provides the greatest national coverage of county-level data;

“(ii) the use of a source of data that may be used to determine an average actual county yield under subsection (b)(1)(A) and an average historical county yield under subsection (c)(2)(A) for the same county; and

“(iii) in the case of a county not included in any source of data described in clauses (i) and (ii), the use of—

“(I) other sources of county yield information; or

“(II) the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary; and

“(B) in the case of a farm that has a tract with base acres and that tract crosses a county boundary—

“(i) prorate the base acres based on the quantity of cropland of the tract in each county; and

“(ii) calculate any crop revenue on the basis described in clause (i).”; and

(6) by adding at the end the following:

“(h) Calculation of separate actual crop revenue and agriculture risk coverage guarantee.—

“(1) IN GENERAL.—On request of a county Farm Service Agency committee, in coordination with a Farm Service Agency State committee, the Secretary shall consider a 1-time request to calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities under subsection (g)(2) in a county if, during the 2014 through 2018 crop years—

“(A) an average of not less than 5 percent of the planted and considered planted acreage of a covered commodity in the county was irrigated; and

“(B) an average of not less than 5 percent of the planted and considered planted acreage of the covered commodity in the county was nonirrigated.

“(2) SOURCE OF INFORMATION.—In considering a request described in paragraph (1) and calculating a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities in a county, the Secretary may use other sources of yield information, including the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary.

“(i) Publications.—

“(1) COUNTY GUARANTEE.—

“(A) IN GENERAL.—For each crop year for a covered commodity, the Secretary shall publish information describing, for that crop year for the covered commodity in each county—

“(i) the agriculture risk coverage guarantee for county coverage determined under subsection (c)(1);

“(ii) the average historical county yield determined under subsection (c)(2)(A); and

“(iii) the national average market price determined under subsection (c)(2)(B).

“(B) TIMING.—

“(i) IN GENERAL.—Except as provided in clauses (ii) and (iii), not later than 30 days after the end of each applicable 12-month marketing year, the Secretary shall publish the information described in subparagraph (A).

“(ii) INSUFFICIENT DATA.—In the case of a covered commodity, such as temperate japonica rice, for which the Secretary cannot determine the national average market price for the most recent 12-month marketing year by the date described in clause (i) due to insufficient reporting of timely pricing data by 1 or more nongovernmental entities, including a marketing cooperative for the covered commodity, as soon as practicable after the pricing data is made available, the Secretary shall publish information describing—

“(I) the agriculture risk coverage guarantee under subparagraph (A)(i); and

“(II) the national average market price under subparagraph (A)(iii).

“(iii) TRANSITION.—Not later than 60 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall publish the information described in subparagraph (A) for the 2018 crop year.

“(2) ACTUAL AVERAGE COUNTY YIELD.—As soon as practicable after each crop year, the Secretary shall determine and publish each actual average county yield for each covered commodity, as determined under subsection (b)(1)(A).

“(3) DATA SOURCES FOR COUNTY YIELDS.—For the 2018 crop year and each crop year thereafter, the Secretary shall make publicly available information describing, for the most recent crop year—

“(A) the sources of data used to calculate county yields under subsection (c)(2)(A) for each covered commodity—

“(i) by county; and

“(ii) nationally; and

“(B) the number and outcome of occurrences in which the Farm Service Agency reviewed, changed, or determined not to change a source of data used to calculate county yields under subsection (c)(2)(A).”.

SEC. 1105. Repeal of transition assistance for producers of upland cotton.

Section 1119 of the Agricultural Act of 2014 (7 U.S.C. 9019) is repealed.

SEC. 1106. Option to change producer election.

Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015) is amended by adding at the end the following:

“(h) Option to change producer election.—Notwithstanding subsection (a), for the 2021 crop year, all of the producers on a farm may make a 1-time, irrevocable election to change the election applicable to the producers on the farm under that subsection or subsection (c), as applicable, to price loss coverage or agriculture risk coverage, as applicable, which shall apply to the producers on the farm for each of the 2021, 2022, and 2023 crop years.”.

SEC. 1201. Extensions.

(a) In general.—Section 1201(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9031(b)(1)) is amended by striking 2018 and inserting 2023.

(b) Loan rates.—Section 1202(a) of the Agricultural Act of 2014 (7 U.S.C. 9032(a)) is amended by striking 2018 each place it appears and inserting 2023.

(c) Repayment.—Section 1204 of the Agricultural Act of 2014 (7 U.S.C. 9034) is amended—

(1) in subsection (e)(2)(B), in the matter preceding clause (i), by striking 2019and inserting 2024; and

(2) in subsection (g), by striking 2018 and inserting 2023.

(d) Loan deficiency payments.—

(1) EXTENSION.—Section 1205(a)(2)(B) of the Agricultural Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking 2018 and inserting 2023.

(2) PAYMENTS IN LIEU OF LDPS.—Section 1206 of the Agricultural Act of 2014 (7 U.S.C. 9036) is amended in subsections (a) and (d) by striking 2018 each place it appears and inserting 2023.

(3) SPECIAL COMPETITIVE PROVISIONS.—Section 1208(a) of the Agricultural Act of 2014 (7 U.S.C. 9038(a)) is amended in the matter preceding paragraph (1) by striking 2019 and inserting 2024.

(4) AVAILABILITY OF RECOURSE LOANS.—Section 1209 of the Agricultural Act of 2014 (7 U.S.C. 9039) is amended in subsections (a)(2) and (b) by striking 2018 each place it appears and inserting 2023.

SEC. 1202. Repeal; unshorn pelts.

Section 1205 of the Agricultural Act of 2014 (7 U.S.C. 9035) is amended—

(1) in subsection (a)(2)—

(A) in the paragraph heading, by striking Unshorn pelts, hay, and inserting Hay;

(B) in subparagraph (A), by striking nongraded wool in the form of unshorn pelts and; and

(C) in subparagraph (B) (as amended by section 1201(d)(1)), by striking unshorn pelts or; and

(2) in subsection (c)—

(A) by striking paragraph (2); and

(B) by redesignating paragraph (3) as paragraph (2).

SEC. 1203. Economic adjustment assistance for upland cotton users.

(a) 2008 authority.—Section 1207 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8737) is amended by striking subsection (c).

(b) 2014 authority.—Section 1207(c) of the Agricultural Act of 2014 (7 U.S.C. 9037(c)) is amended by striking paragraph (2) and inserting the following:

“(2) VALUE OF ASSISTANCE.—

“(A) EFFECTIVE PERIOD.—During the period beginning on August 1, 2013, and ending on July 31, 2021, the value of the assistance provided under paragraph (1) shall be 3 cents per pound.

“(B) SUBSEQUENT PERIOD.—

“(i) IN GENERAL.—Beginning on the first day after the end of the period described in subparagraph (A), and subject to the availability of appropriations under clause (ii), the value of the assistance provided under paragraph (1) shall be 3 cents per pound.

“(ii) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out clause (i).”.

SEC. 1301. Sugar program.

(a) Extension.—Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is amended—

(1) in subsection (a)(4), by striking 2018 and inserting 2023;

(2) in subsection (b)(2), by striking 2018 and inserting 2023; and

(3) in subsection (i), by striking 2018 and inserting 2023.

(b) Allotments.—

(1) ESTIMATES.—Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended in the matter preceding subparagraph (A) by striking 2018 and inserting 2023.

(2) EFFECTIVE PERIOD.—Section 359l(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking 2018 and inserting 2023.

SEC. 1401. Dairy risk coverage.

(a) Dairy risk coverage.—Part I of subtitle D of title I of the Agricultural Act of 2014 (7 U.S.C. 9051 et seq.) is amended in the part heading by striking Margin Protection Program and inserting Dairy Risk Coverage.

(b) Definitions.—Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended—

(1) by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively;

(2) by inserting after paragraph (3) the following:

“(4) CATASTROPHIC COVERAGE.—The term catastrophic coverage means coverage under section 1406(a)(2)(B).”;

(3) in paragraph (6) (as so redesignated)—

(A) in the paragraph heading, by striking Margin protection program and inserting Dairy risk coverage;

(B) by striking margin protection program the first place it appears and inserting dairy risk coverage; and

(C) by striking the margin protection program and inserting dairy risk coverage;

(4) in paragraph (7) (as so redesignated)—

(A) in the paragraph heading, by striking Margin protection program and inserting Dairy risk coverage;

(B) by striking margin protection program the first place it appears and inserting dairy risk coverage; and

(C) by striking the margin protection program pursuant to; and

(5) in paragraphs (8) and (9) (as so redesignated), by striking the margin protection program each place it appears and inserting dairy risk coverage.

(c) Calculation of actual dairy production margin.—Section 1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9052(b)(1)) is amended in the matter preceding subparagraph (A) by striking the margin protection program and inserting dairy risk coverage.

(d) Dairy risk coverage administration.—Section 1403 of the Agricultural Act of 2014 (7 U.S.C. 9053) is amended to read as follows:

SEC. 1403. Dairy risk coverage administration.

“(a) In general.—Beginning with the 2019 calendar year, the Secretary shall administer dairy risk coverage under which participating dairy operations are paid a dairy risk coverage payment when actual dairy production margins are less than the threshold levels for a dairy risk coverage payment.

“(b) Regulations.—Subpart A of part 1430 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Agriculture Improvement Act of 2018), shall remain in effect for dairy risk coverage beginning with the 2019 calendar year, except to the extent that the regulations are inconsistent with any provision of this Act.”.

(e) Participation of dairy operations in dairy risk coverage.—Section 1404 of the Agricultural Act of 2014 (7 U.S.C. 9054) is amended—

(1) in the section heading, by striking margin protection program and inserting dairy risk coverage;

(2) in subsection (a), by striking the margin and all that follows through payments and inserting dairy risk coverage to receive dairy risk coverage payments;

(3) in subsection (b)—

(A) in each of paragraphs (1), (3), and (4), by striking the margin protection program and inserting dairy risk coverage; and

(B) by adding at the end the following:

“(5) CATASTROPHIC COVERAGE.—A participating dairy operation may elect to receive catastrophic coverage instead of paying a premium under section 1407.”;

(4) in subsection (c)—

(A) in paragraphs (1)(A) and (3), by striking the margin protection program each place it appears and inserting dairy risk coverage;

(B) in paragraph (1)(B), by striking of the margin protection program; and

(C) in paragraph (2)—

(i) by striking The administrative and inserting the following:

“(A) IN GENERAL.—The administrative”; and

(ii) by adding at the end the following:

“(B) CATASTROPHIC COVERAGE.—In addition to the administrative fee under subparagraph (A), a participating dairy operation that elects to receive catastrophic coverage shall pay an additional administrative fee of $100.”; and

(5) in subsection (d), by striking the margin protection program and inserting dairy risk coverage.

(f) Production history of participating dairy operations.—Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended—

(1) in subsections (a) and (c), by striking the margin protection program each place it appears and inserting dairy risk coverage; and

(2) in subsection (a)(2), by striking In subsequent years and inserting During each of the 2014 through 2019 calendar years.

(g) Dairy risk coverage payments.—Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) is amended—

(1) in the section heading, by striking margin protection and inserting dairy risk coverage;

(2) by striking margin protection each place it appears and inserting dairy risk coverage;

(3) in subsection (a)—

(A) in paragraph (1)—

(i) by striking to $4.00 and all that follows through $5.50 and inserting the following:to—

“(A) in the case of catastrophic coverage, $5.00;

“(B) $5.50”; and

(ii) by adding at the end the following:

“(C) in the case of production subject to premiums under section 1407(b), any amount described in subparagraph (B), $8.50, or $9.00; and”; and

(B) in paragraph (2)—

(i) by striking (2) a percentage and inserting the following:

“(2) (A) a percentage”;

(ii) in subparagraph (A) (as so designated)—

(I) by striking beginning with 25 percent and not exceeding and inserting that does not exceed; and

(II) by striking the period at the end and inserting ; or; and

(iii) by adding at the end the following:

“(B) in the case of catastrophic coverage, a coverage level of 40 percent of the production history of the participating dairy operation.”; and

(4) in subsection (c), in the subsection heading, by striking margin protection and inserting dairy risk coverage.

(h) Premiums for dairy risk coverage.—Section 1407 of the Agricultural Act of 2014 (7 U.S.C. 9057) is amended—

(1) in the section heading, by striking margin protection program and inserting dairy risk coverage;

(2) in subsection (a), in the matter preceding paragraph (1), by striking the margin protection program and inserting dairy risk coverage;

(3) in subsection (b)—

(A) in paragraph (2)—

(i) by striking Except as and all that follows through the and inserting The;

(ii) by striking the rows relating to the $4.00, $4.50, and $5.00 coverage levels;

(iii) by striking $0.009 and inserting $0.02;

(iv) by striking $0.016 and inserting $0.04;

(v) by striking $0.040 and inserting $0.07;

(vi) by striking $0.063 and inserting $0.10;

(vii) by striking $0.087 and inserting $0.12;

(viii) by striking $0.142 and inserting $0.14; and

(ix) by adding at the end of the table the following:



$8.50 $0.16
$9.00 $0.18”; and

(B) by striking paragraph (3);

(4) in subsection (c)(2)—

(A) by striking the rows relating to the $4.00, $4.50, and $5.00 coverage levels;

(B) by striking $0.100 and inserting $0.144;

(C) by striking $0.155 and inserting $0.24;

(D) by striking $0.290 and inserting $0.42;

(E) by striking $0.830 and inserting $1.08;

(F) by striking $1.060 and inserting $1.32; and

(G) by striking $1.360 and inserting $1.68;

(5) in subsection (e)—

(A) in paragraph (1), by striking the margin protection program and inserting dairy risk coverage; and

(B) in paragraph (2), by striking A participating dairy operation in the margin protection program and inserting A dairy operation participating in dairy risk coverage; and

(6) by adding at the end the following:

“(f) Small and medium farm discount.—The premium per hundredweight specified in the tables contained in subsections (b) and (c) for each coverage level shall be reduced by—

“(1) 50 percent for a participating dairy operation with a production history that is less than 2,000,000 pounds; and

“(2) 25 percent for a participating dairy operation with a production history that is not less than 2,000,000 pounds and not greater than 10,000,000 pounds.

“(g) Repayment of premiums.—

“(1) IN GENERAL.—The Secretary shall repay each dairy operation that participated in the margin protection program, as in effect for each of calendar years 2014 through 2017, an amount equal to the difference between—

“(A) the total amount of premiums paid by the participating dairy operation under this section for the applicable calendar year; and

“(B) the total amount of payments made to the participating dairy operation under section 1406 for that calendar year.

“(2) APPLICABILITY.—Paragraph (1) shall only apply to a calendar year for which the amount described in subparagraph (A) of that paragraph is greater than the amount described in subparagraph (B) of that paragraph.”.

(i) Effect of failure to pay administrative fees or premiums.—Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058) is amended—

(1) in subsection (a)(2), by striking margin protection and inserting dairy risk coverage; and

(2) in subsection (b), by striking the margin protection program and inserting dairy risk coverage.

(j) Duration.—Section 1409 of the Agricultural Act of 2014 (7 U.S.C. 9059) is amended—

(1) by striking The margin protection program and inserting Dairy risk coverage; and

(2) by striking 2018 and inserting 2023.

(k) Administration and enforcement.—Section 1410 of the Agricultural Act of 2014 (7 U.S.C. 9060) is amended—

(1) in subsections (a) and (c), by striking the margin protection program each place it appears and inserting dairy risk coverage; and

(2) in subsection (b), by striking margin protection and inserting dairy risk coverage.

SEC. 1411. Reauthorizations.

(a) Forward pricing.—Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended—

(1) in paragraph (1), by striking 2018 and inserting 2023; and

(2) in paragraph (2), by striking 2021 and inserting 2026.

(b) Indemnity program.—Section 3 of Public Law 90–484 (7 U.S.C. 4553) is amended by striking 2018 and inserting 2023.

(c) Promotion and research.—Section 113(e)(2) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is amended by striking 2018 and inserting 2023.

SEC. 1412. Class I skim milk price.

(a) Class I skim milk price.—Section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking Throughout in the third sentence and all that follows through the period at the end of the fourth sentence and inserting Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period unless modified by amendment to the order involved), for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulations), shall be the sum of the adjusted Class I differential specified in section 1000.52 of such title 7 (or successor regulations), plus the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor regulations), plus the simple average of the advanced pricing factors computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulations), plus $0.74..

(b) Effective date and implementation.—

(1) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 120 days after the date of enactment of this Act.

(2) IMPLEMENTATION.—Implementation of the amendment made by subsection (a) shall not be subject to any of the following:

(A) The notice and comment provisions of section 553 of title 5, United States Code.

(B) The notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.

(C) The order amendment requirements of section 8c(17) of that Act (7 U.S.C. 608c(17)).

(D) A referendum under section 8c(19) of that Act (7 U.S.C. 608c(19)).

SEC. 1413. Milk donation program.

(a) In general.—Part III of subtitle D of title I of the Agricultural Act of 2014 (7 U.S.C. 9071) is amended to read as follows:

“PART IIIMilk Donation Program

SEC. 1431. Milk donation program.

“(a) Definitions.—In this section:

“(1) ELIGIBLE DAIRY ORGANIZATION.—The term eligible dairy organization means a dairy farmer (either individually or as part of a cooperative), or a dairy processor, who—

“(A) accounts to a Federal milk marketing order marketwide pool; and

“(B) incurs qualified expenses under subsection (e).

“(2) ELIGIBLE DISTRIBUTOR.—The term eligible distributor means a public or private nonprofit organization that distributes donated eligible milk.

“(3) ELIGIBLE MILK.—The term eligible milk means Class I fluid milk products produced and processed in the United States.

“(4) ELIGIBLE PARTNERSHIP.—The term eligible partnership means a partnership between an eligible dairy organization and an eligible distributor.

“(5) PARTICIPATING PARTNERSHIP.—The term participating partnership means an eligible partnership for which the Secretary has approved a donation and distribution plan for eligible milk under subsection (c)(2).

“(b) Program required; purposes.—Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall establish and administer a milk donation program for the purposes of—

“(1) encouraging the donation of eligible milk;

“(2) providing nutrition assistance to individuals in low-income groups; and

“(3) reducing food waste.

“(c) Donation and distribution plans.—

“(1) IN GENERAL.—To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that—

“(A) describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk;

“(B) includes an estimate of the quantity of eligible milk that the eligible partnership will donate each year, based on—

“(i) preplanned donations; and

“(ii) contingency plans to address unanticipated donations; and

“(C) describes the rate at which the eligible partnership will be reimbursed, which shall be based on a percentage of the limitation described in subsection (e)(2).

“(2) REVIEW AND APPROVAL.—Not less frequently than annually, the Secretary shall—

“(A) review donation and distribution plans submitted under paragraph (1); and

“(B) determine whether to approve or disapprove each of those donation and distribution plans.

“(d) Reimbursement.—

“(1) IN GENERAL.—On receipt of appropriate documentation under paragraph (2), the Secretary shall reimburse an eligible dairy organization that is a member of a participating partnership on a regular basis for qualified expenses described in subsection (e).

“(2) DOCUMENTATION.—

“(A) IN GENERAL.—An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate the qualified expenses described in subsection (e) of the eligible dairy organization.

“(B) VERIFICATION.—The Secretary may verify the accuracy of documentation submitted under subparagraph (A) by spot checks and audits.

“(3) RETROACTIVE REIMBURSEMENT.—In providing reimbursements under paragraph (1), the Secretary may provide reimbursements for qualified expenses incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary.

“(e) Qualified expenses.—

“(1) IN GENERAL.—The amount of a reimbursement under subsection (d) shall be an amount equal to the product of—

“(A) the quantity of eligible milk donated by the eligible dairy organization under a donation and distribution plan approved by the Secretary under subsection (c); and

“(B) subject to the limitation under paragraph (2), the rate described in that donation and distribution plan under subsection (c)(1)(C).

“(2) LIMITATION.—Expenses eligible for reimbursement under subsection (d) shall not exceed the value that an eligible dairy organization incurred by accounting to the Federal milk marketing order pool at the difference in the Class I milk value and the lowest classified price for the applicable month (either Class III milk or Class IV milk).

“(f) Preapproval.—

“(1) IN GENERAL.—The Secretary shall—

“(A) establish a process for an eligible partnership to apply for preapproval of donation and distribution plans under subsection (c); and

“(B) not less frequently than annually, preapprove an amount for qualified expenses described in subsection (e) that the Secretary will allocate for reimbursement under each donation and distribution plan preapproved under subparagraph (A), based on an assessment of—

“(i) the feasibility of the plan; and

“(ii) the extent to which the plan advances the purposes described in subsection (b).

“(2) PREFERENCE.—In preapproving amounts for reimbursement under paragraph (1)(B), the Secretary shall give preference to eligible partnerships that will provide funding and in-kind contributions in addition to the reimbursements.

“(3) ADJUSTMENTS.—

“(A) IN GENERAL.—The Secretary shall adjust or increase amounts preapproved for reimbursement under paragraph (1)(B) based on performance and demand.

“(B) REQUESTS FOR INCREASE.—

“(i) IN GENERAL.—The Secretary shall establish a procedure for a participating partnership to request an increase in the amount preapproved for reimbursement under paragraph (1)(B) based on changes in conditions.

“(ii) INTERIM APPROVAL; INCREMENTAL INCREASE.—The Secretary may provide an interim approval of an increase requested under clause (i) and an incremental increase in the amount of reimbursement to the applicable participating partnership to allow time for the Secretary to review the request without interfering with the donation and distribution of eligible milk by the participating partnership.

“(g) Prohibition on resale of products.—

“(1) IN GENERAL.—An eligible distributor that receives eligible milk donated under this section may not sell the products back into commercial markets.

“(2) PROHIBITION ON FUTURE PARTICIPATION.—An eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section.

“(h) Administration.—The Secretary shall publicize opportunities to participate in the program established under this section.

“(i) Reviews.—The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.

“(j) Funding.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $8,000,000 for fiscal year 2019, and $5,000,000 for each fiscal year thereafter, to remain available until expended.”.

(b) Conforming amendment.—Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended, in the matter preceding paragraph (1), by striking and part III.

SEC. 1501. Supplemental agricultural disaster assistance.

(a) Members of Indian tribes.—Section 1501(a)(1)(B) of the Agricultural Act of 2014 (7 U.S.C. 9081(a)(1)(B)) is amended—

(1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and

(2) by inserting after clause (ii) the following:

“(iii) an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));”.

(b) Livestock indemnity program.—Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended—

(1) in paragraph (1)(B), by striking cold. and inserting cold, on the condition that in the case of the death loss of unweaned livestock due to that adverse weather, the Secretary may disregard any management practice, vaccination protocol, or lack of vaccination by the eligible producer on a farm.; and

(2) by adding at the end the following:

“(5) SHARING OF BISON MARKET VALUE DATA.—To ensure that payments made under this subsection relating to bison are consistent with the market value of bison, the Secretary shall annually seek input and data from the bison industry (including bison producer groups) relating to the market value of bison.”.

(c) Tree assistance program.—Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended—

(1) in paragraph (3), in the matter preceding subparagraph (A), by striking paragraph (4) and inserting paragraphs (4) and (5); and

(2) by adding at the end the following:

“(5) PAYMENT RATE FOR BEGINNING AND VETERAN PRODUCERS.—Subject to paragraph (4), in the case of a beginning farmer or rancher or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)) that is eligible to receive assistance under this subsection, the Secretary shall provide reimbursement of 75 percent of the costs under subparagraphs (A)(i) and (B) of paragraph (3).”.

SEC. 1502. Loss of peach and blueberry crops due to extreme cold.

(a) In general.—The Secretary shall provide compensation for expenses relating to losses of peach and blueberry crops that occurred—

(1) during calendar year 2017; and

(2) due to extreme cold, as determined by the Secretary.

(b) Funding.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $18,000,000, to remain available until expended.

SEC. 1601. Noninsured crop assistance program.

Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by adding at the end the following:

“(C) DATA COLLECTION AND SHARING.—The Secretary shall coordinate with the Administrator of the Risk Management Agency on the type and format of data received under the noninsured crop disaster assistance program that—

“(i) best facilitates the use of that data in developing policies or plans of insurance offered under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and

“(ii) ensures the availability of that data on a regular basis.

“(D) COORDINATION.—The Secretary shall coordinate between the agencies of the Department that provide programs or services to farmers and ranchers that are potentially eligible for the noninsured crop disaster assistance program under this section—

“(i) to make available coverage under—

“(I) the fee waiver under subsection (k)(2); or

“(II) the premium discount under subsection (l)(3); and

“(ii) to share eligibility information to reduce paperwork and avoid duplication.”; and

(B) in paragraph (4)—

(i) in subparagraph (B), by striking clause (i) and inserting the following:

“(i) IN GENERAL.—

“(I) AGRICULTURAL ACT OF 2014.—As determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop during the period beginning on February 8, 2014, and ending on the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.

“(II) SUBSEQUENT YEARS.—

“(aa) NON-HAY AND NON-FORAGE CROPS.—During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop other than a hay or forage crop after the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.

“(bb) HAY AND FORAGE CROPS.—During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a hay or forage crop after the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.”;

(ii) by redesignating subparagraph (C) as subparagraph (D);

(iii) by inserting after subparagraph (B) the following:

“(C) NATIVE SOD CONVERSION CERTIFICATION.—

“(i) CERTIFICATION.—As a condition on the receipt of benefits under this section, a producer that has tilled native sod acreage for the production of an insurable crop as described in subparagraph (B)(i) shall certify to the Secretary that acreage using—

“(I) an acreage report form of the Farm Service Agency (FSA–578 or any successor form); and

“(II) 1 or more maps.

“(ii) CORRECTIONS.—Beginning on the date on which a producer submits a certification under clause (i), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that clause, the producer shall submit to the Secretary any appropriate corrections to a form or map described in subclause (I) or (II) of that clause.

“(iii) ANNUAL REPORTS.—Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under clause (i) in each county and State as of the date of submission of the report.”; and

(iv) in subparagraph (D) (as so redesignated)—

(I) by striking This paragraph and inserting the following:

“(i) IN GENERAL.—Subject to clause (ii), this paragraph”; and

(II) by adding at the end the following:

“(ii) ELECTION.—A governor of a State other than a State described in clause (i) may elect to have this paragraph apply to the State.”;

(2) in subsection (b)—

(A) in paragraph (1), by striking not later than 30 days and inserting by an appropriate deadline; and

(B) by adding at the end the following:

“(4) STREAMLINED SUBMISSION PROCESS.—The Secretary shall establish a streamlined process for the submission of records and acreage reports under paragraphs (2) and (3) for—

“(A) diverse production systems such as those typical of urban production systems, other small-scale production systems, and direct-to-consumer production systems; and

“(B) additional coverage under subsection (l)—

“(i) for maximum liabilities not greater than $100,000; and

“(ii) that is equivalent to the process described in the regulations for microloan operating loans under parts 761 and 764 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Agriculture Improvement Act of 2018).”;

(3) in subsection (d)—

(A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;

(B) by inserting before paragraph (2) (as so redesignated) the following:

“(1) the producer’s share of the total acres devoted to the eligible crop; by”; and

(C) in paragraph (2) (as so redesignated), by striking established yield for the crop and inserting approved yield for the crop, as determined by the Secretary;

(4) in subsection (e)—

(A) in paragraph (1), by striking farm and inserting approved;

(B) in paragraph (2)—

(i) in the second sentence—

(I) by inserting approved before yield; and

(II) by striking Subject and inserting the following:

“(B) CALCULATION.—Subject”; and

(ii) in the matter preceding subparagraph (B) (as so designated)—

(I) by striking yield coverage and inserting an approved yield; and

(II) by striking The Secretary and inserting the following:

“(A) IN GENERAL.—The Secretary”; and

(C) in paragraph (3), by striking transitional yield of the producer and inserting county expected yield;

(5) in subsection (i)(2), by striking exceed $125,000 and inserting the following: “exceed—

    “(A) in the case of catastrophic coverage under subsection (c), $125,000; and

    “(B) in the case of additional coverage under subsection (l), $300,000”;

(6) in subsection (k)(1)—

(A) in subparagraph (A), by striking $250 and inserting $325; and

(B) in subparagraph (B)—

(i) by striking $750 and inserting $825; and

(ii) by striking $1,875 and inserting $1,950; and

(7) in subsection (l)—

(A) in paragraph (1)—

(i) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively;

(ii) by inserting before subparagraph (B) (as so redesignated) the following:

“(A) the producer's share of the total acres devoted to the crop;”; and

(iii) in subparagraph (C) (as so redesignated), by inserting , contract price, or other premium price (such as a local, organic, or direct market price, as elected by the producer) after price;

(B) by striking paragraphs (3) and (5); and

(C) by redesignating paragraph (4) as paragraph (3).

SEC. 1602. Additional assistance for certain producers.

(a) Definition of qualifying natural disaster declaration.—In this section, the term qualifying natural disaster declaration means—

(1) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or

(2) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(b) Availability of additional assistance.—As soon as practicable after October 1, 2018, the Secretary shall make available assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) to producers of an eligible crop (as defined in subsection (a)(2) of that section) that suffered losses in a county covered by a qualifying natural disaster declaration for production losses due to volcanic activity.

(c) Amount.—The Secretary shall make assistance available under subsection (b) in an amount equal to the amount of assistance determined under section 196(d) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(d)), less any fees that are owed by producers under section 196(k) of that Act (7 U.S.C. 7333(k)).

SEC. 1701. Regulations.

Section 1601(c)(2) of the Agricultural Act of 2014 (7 U.S.C. 9091(c)(2)) is amended—

(1) in the matter preceding subparagraph (A), by striking title and sections 11003 and 11017 and inserting title, sections 11003 and 11017, title I of the Agriculture Improvement Act of 2018 and the amendments made by that title, and section 10109 of that Act;

(2) in subparagraph (A), by adding and at the end;

(3) in subparagraph (B), by striking ; and and inserting a period; and

(4) by striking subparagraph (C).

SEC. 1702. Suspension of permanent price support authority.

Section 1602 of the Agricultural Act of 2014 (7 U.S.C. 9092) is amended by striking 2018 each place it appears and inserting 2023.

SEC. 1703. Implementation.

Section 1614 of the Agricultural Act of 2014 (7 U.S.C. 9097) is amended—

(1) by striking subsection (b) and inserting the following:

“(b) Streamlining.—In implementing this title, the Secretary shall—

“(1) reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, including through the implementation of the Acreage Crop Reporting and Streamlining Initiative that, in part, shall ensure that—

“(A) a producer (or an agent of a producer) may report information electronically (including geospatial data) or conventionally to the Department of Agriculture;

“(B) the Department of Agriculture collects and collates producer information that allows cross-agency collation, including by—

“(i) using farm numbers, common-land-unit identifiers, or other common identifiers to enable data across the farm production and conservation mission area to be collated by farm, field, and operator or owner;

“(ii) recording and making available data at the smallest possible unit, such as field-level; and

“(iii) harmonizing methods for determining yields and property descriptions; and

“(C) on the request of the producer (or agent thereof), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices and other information of the producer through a single Department-wide login;

“(2) improve coordination, information sharing, and administrative work with the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, and other agencies, as determined appropriate by the Secretary, including by—

“(A) streamlining processes and reducing paperwork for cross-agency interactions, such as acreage reports and conservation compliance determinations; and

“(B) utilizing common acreage reporting processes to collect relevant field-level data such that a producer—

“(i) has the option to report—

“(I) to any of those agencies; and

“(II) electronically; and

“(ii) does not need to report duplicative information; and

“(3) take advantage of new technologies to enhance the efficiency and effectiveness of program delivery to producers, including by—

“(A) providing an option, as practicable, for uploading other farm- or field-level data that is unrelated to program requirements, such as input costs or field characteristics, such as soil test results;

“(B) maintaining historical information and allowing users to examine trends on a field- or farm-level;

“(C) providing access to agency tools, such as farm- or field-level estimates of benefits of existing or prospective conservation practices;

“(D) developing data standards and security procedures to allow optional precision agriculture or other third-party providers to develop applications to use or feed into the datasets and analysis; and

“(E) developing methods to summarize the improved yield or reduced risk relating to conservation best practices through cooperative extension services or other similar means, while ensuring the privacy of individual producers.”; and

(2) by adding at the end the following:

“(e) Deobligation of unliquidated obligations.—

“(1) IN GENERAL.—Subject to paragraph (3), any payment obligated or otherwise made available by the Secretary under this title on or after the date of enactment of the Agriculture Improvement Act of 2018 that is not disbursed to the recipient by the date that is 5 years after the date on which the payment is obligated or otherwise made available shall—

“(A) be deobligated; and

“(B) revert to the Treasury.

“(2) OUTSTANDING PAYMENTS.—

“(A) IN GENERAL.—Subject to paragraph (3), any payment obligated or otherwise made available by the Farm Service Agency (or any predecessor agency of the Department of Agriculture) under the laws described in subparagraph (B) before the date of enactment of the Agriculture Improvement Act of 2018, that is not disbursed by the date that is 5 years after the date on which the payment is obligated or otherwise made available shall—

“(i) be deobligated; and

“(ii) revert to the Treasury.

“(B) LAWS DESCRIBED.—The laws referred to in subparagraph (A) are any of the following:

“(i) This title.

“(ii) Title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.).

“(iii) Title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.).

“(iv) The Agricultural Market Transition Act (7 U.S.C. 7201 et seq.).

“(v) Titles I through XI of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3374) and the amendments made by those titles.

“(vi) Titles I through X of the Food Security Act of 1985 (Public Law 99–198; 99 Stat. 1362) and the amendments made by those titles.

“(vii) Titles I through XI of the Agriculture and Food Act of 1981 (Public Law 97–98; 95 Stat. 1218) and the amendments made by those titles.

“(viii) Titles I through X of the Food and Agriculture Act of 1977 (Public Law 95–113; 91 Stat. 917) and the amendments made by those titles.

“(3) WAIVER.—The Secretary may delay the date of the deobligation and reversion under paragraph (1) or (2) of any payment—

“(A) that is the subject of—

“(i) ongoing administrative review or appeal;

“(ii) litigation; or

“(iii) the settlement of an estate; or

“(B) for which the Secretary otherwise determines that the circumstances are such that the delay is equitable.”.

SEC. 1704. Definition of significant contribution of active personal management.

Section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)) is amended by adding at the end the following:

“(6) SIGNIFICANT CONTRIBUTION OF ACTIVE PERSONAL MANAGEMENT.—The term significant contribution of active personal management means active personal management activities performed by a person with a direct or indirect ownership interest in the farming operation on a regular, continuous, and substantial basis to the farming operation, and that meet at least one of the following to be considered significant:

“(A) Are performed for at least 25 percent of the total management hours required for the farming operation on an annual basis.

“(B) Are performed for at least 500 hours annually for the farming operation.”.

SEC. 1705. Actively engaged in farming requirement.

Section 1001A(b) of the Food Security Act of 1985 (7 U.S.C. 1308–1(b)) is amended by adding at the end the following:

“(3) ACTIVELY ENGAGED IN FARMING REQUIREMENT.—

“(A) IN GENERAL.—Notwithstanding any other provision of this section, section 1001, and sections 1001B through 1001F, and any regulations to implement those provisions or sections, the Secretary shall consider not more than 1 person or legal entity per farming operation to be actively engaged in farming using active personal management.

“(B) REQUIREMENTS.—The Secretary may only consider a person or legal entity to be actively engaged in farming using active personal management under subparagraph (A) if the person or legal entity—

“(i) together with other persons or legal entities in the farming operation qualifying as actively engaged in farming under paragraph (2), does not collectively receive, directly or indirectly, an amount equal to more than the limitation under section 1001(b);

“(ii) does not use the active management contribution allowed under this section to qualify as actively engaged in farming in more than 1 farming operation; and

“(iii) manages a farming operation that does not substantially share equipment, labor, or management with persons or legal entities that, together with the person or legal entity, collectively receive, directly or indirectly, an amount equal to more than the limitation under section 1001(b).”.

SEC. 1706. Adjusted gross income limitation.

Section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(1)) is amended by striking $900,000 and inserting $700,000.

SEC. 1707. Base acres review.

(a) In general.—The Secretary shall review the establishment, calculation, reallocation, adjustment, and reduction of base acres under part II of subtitle A of title I of the Agricultural Act of 2014 (7 U.S.C. 9011 et seq.).

(b) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the review under subsection (a).

SEC. 1708. Farm Service Agency accountability.

(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Inspector General of the Department of Agriculture, shall establish policies, procedures, and plans to improve program accountability and integrity through targeted and coordinated activities, including utilizing data mining to identify and reduce errors, waste, fraud, and abuse in programs administered by the Farm Service Agency.

(b) Report.—Not later than 2 years after the date of enactment of this Act, and annually thereafter through fiscal year 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing a summary of—

(1) the existing efforts of the Department of Agriculture to eliminate errors, waste, fraud, and abuse, including efforts that involve coordination with other departments or agencies;

(2) identified weaknesses or program integrity issues that contribute to errors, waste, fraud, and abuse in Farm Service Agency programs and plans for actions to be taken to address and reduce those weaknesses or program integrity issues;

(3) the existing and planned data sampling and mining activities of the Farm Service Agency;

(4) errors, waste, fraud, or abuse identified through activities under subsection (a); and

(5) any plans for administrative actions or recommendations for legislative changes relating to reducing errors, waste, fraud, and abuse in programs of the Department of Agriculture.

SEC. 1709. Technical corrections.

(a) Section 1112(c)(2) of the Agricultural Act of 2014 (7 U.S.C. 9012(c)(2)) is amended by striking subparagraph (A) and inserting the following:

“(A) Any acreage on the farm enrolled in—

“(i) the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); or

“(ii) a wetland reserve easement under section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c).”.

(b) Section 1614(d) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)) is amended—

(1) in paragraph (1), by striking pursuant 2 U.S.C. 901(a) and inserting pursuant to section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)); and

(2) by striking subtitles B each place it appears and inserting subtitle B.

TITLE IIConservation

subtitle AConservation Reserve Program

SEC. 2101. Extension and enrollment requirements of conservation reserve program.

Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended—

(1) in subsection (a), by striking 2018 and inserting 2023;

(2) in subsection (b)(1)—

(A) in subparagraph (A)(i), by striking or at the end and inserting and; and

(B) in subparagraph (B), by striking Agricultural Act of 2014 and inserting Agriculture Improvement Act of 2018;

(3) in subsection (d)—

(A) in paragraph (1)—

(i) in subparagraph (D), by striking and at the end;

(ii) in subparagraph (E), by striking the period at the end and inserting ; and; and

(iii) by adding at the end the following:

“(F) each of fiscal years 2019 through 2023, not more than 25,000,000 acres.”; and

(B) in paragraph (2)—

(i) in subparagraph (A)—

(I) by striking limitations and inserting limitation; and

(II) by striking 2018 and inserting 2023; and

(ii) in subparagraph (B)—

(I) by striking may and inserting shall;

(II) by striking land with expiring and inserting the following: “land, as determined by the Secretary—

“(i) with expiring”;

(III) in clause (i) (as so designated), by striking the period at the end and inserting a semicolon; and

(IV) by adding at the end the following:

“(ii) at risk of conversion or development; or

“(iii) of ecological significance, including land that—

“(I) may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(II) may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

“(III) improves or creates wildlife habitat corridors.”; and

(iii) in subparagraph (C)—

(I) by striking the Secretary shall make and inserting ““the Secretary shall—

“(i) make”;

(II) in clause (i) (as so designated), by striking the period at the end and inserting ; and; and

(III) by adding at the end the following:

“(ii) offer enrollment under subparagraph (A) during any period that any other land may be enrolled in the conservation reserve.”; and

(C) by adding at the end the following:

“(3) ADDITIONAL ENROLLMENT PROCEDURE.—

“(A) GRASSLANDS AND CONTINUOUS SIGN-UP.—With respect to enrollment in the conservation reserve program using continuous sign-up under section 1234(d)(2)(A)(ii) or of grassland described in subsection (b)(3), the Secretary shall allow producers to submit applications for enrollment on a continuous basis.

“(B) ANNUAL ENROLLMENT.—Subject to the availability of acreage for enrollment in the conservation reserve program for a fiscal year in accordance with paragraph (1), the Secretary shall enter into contracts under the conservation reserve program for each fiscal year.

“(4) STATE ACRES FOR WILDLIFE ENHANCEMENT.—

“(A) IN GENERAL.—For the purposes of applying the limitations in paragraph (1), the Secretary shall give priority to land—

“(i) enrolled in the conservation reserve program using continuous sign-up under section 1234(d)(2)(A)(ii); and

“(ii) on which practices to maintain, enhance, or restore wildlife habitat on land designated as a State acres for wildlife enhancement area under subsection (j)(1) shall be conducted.

“(B) ACREAGE.—Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 30 percent of acres enrolled in the conservation reserve using continuous sign-up under section 1234(d)(2)(A)(ii) shall be of land described in subparagraph (A).

“(5) ENROLLMENT OF WATER QUALITY PRACTICES TO FOSTER CLEAN LAKES, ESTUARIES, AND RIVERS.—

“(A) IN GENERAL.—For purposes of applying the limitation in paragraph (1), the Secretary shall give priority to the enrollment in the conservation reserve program under this subchapter of land that, as determined by the Secretary—

“(i) will have a positive impact on water quality; and

“(ii) (I) will be devoted to—

“(aa) a grass sod waterway;

“(bb) a contour grass sod strip;

“(cc) a prairie strip;

“(dd) a filterstrip;

“(ee) a riparian buffer;

“(ff) a wetland or a wetland buffer;

“(gg) a saturated buffer;

“(hh) a bioreactor; or

“(ii) another similar water quality practice, as determined by the Secretary; or

“(II) will be enrolled in the conservation reserve program using continuous sign-up under section 1234(d)(2)(A)(ii).

“(B) SEDIMENT AND NUTRIENT LOADINGS.—In carrying out subparagraph (A), the Secretary shall consider land that—

“(i) is located in a watershed impacted by sediment and nutrient; and

“(ii) if enrolled, will reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary.

“(C) ACREAGE.—Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous sign-up under section 1234(d)(2)(A)(ii) shall be of land described in subparagraph (A).

“(D) REPORT.—The Secretary shall—

“(i) in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments through the priority under this paragraph; and

“(ii) publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph—

“(I) new enrollments;

“(II) expirations;

“(III) geographic distribution; and

“(IV) estimated water quality benefits.”; and

(4) by adding at the end the following:

“(j) State acres for wildlife enhancement.—

“(1) IN GENERAL.—A State or Indian Tribe, in consultation with the applicable State technical committee established under section 1261(a), may submit to the Secretary a request to designate within the State or territory of the Indian Tribe a State acres for wildlife enhancement area (referred to in this subsection as a SAFE area) in accordance with this subsection.

“(2) REQUESTS.—A request submitted under paragraph (1) shall—

“(A) include a description of—

“(i) the specific wildlife species that would benefit from the creation of the habitat;

“(ii) the number of acres requested for enrollment;

“(iii) the geographic area where the habitat would be created; and

“(iv) the 1 or more specific practices to be conducted for the benefit of the wildlife species described in clause (i);

“(B) be in accordance with State or national wildlife habitat plans or goals; and

“(C) include a wildlife monitoring and evaluation plan.

“(3) PRIORITY.—The Secretary may give priority to requests submitted under paragraph (1)—

“(A) that cover an area—

“(i) on which the habitat for a particular species may be declining or in danger of declining;

“(ii) the designation of which would help—

“(I) to prevent the listing of a species as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

“(II) to remove a species from the list of threatened species or endangered species under that Act;

“(iii) that is adjacent to other conservation land, including to establish wildlife corridors and large blocks of conservation land; or

“(iv) that provides economic or social value to the local community for outdoor recreation activities; or

“(B) that include a commitment of funds from which to pay for incentive payments to an agricultural producer that enrolls land in the conservation reserve program within a SAFE area.

“(4) REGIONAL BALANCE.—To the maximum extent practicable, the Secretary shall maintain a regional balance in the designation of SAFE areas.

“(5) REPORT.—The Secretary shall—

“(A) in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments in SAFE areas; and

“(B) publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to SAFE areas—

“(i) new enrollments;

“(ii) expirations;

“(iii) geographic distribution; and

“(iv) estimated wildlife benefits.”.

SEC. 2102. 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 2018 and inserting 2023.

SEC. 2103. Duties of the Secretary.

(a) Cost-Share and rental payments.—Section 1233(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3833(a)(1)) is amended by inserting , including the cost of fencing and other water distribution practices, if applicable after interest.

(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—

“(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 13 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 13 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 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.”.

SEC. 2104. Payments.

Section 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) is amended—

(1) in subsection (c)—

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(B) by inserting before subparagraph (A) (as so redesignated) the following:

“(1) SIGNING AND PRACTICE INCENTIVE PAYMENTS.—

“(A) IN GENERAL.—In the case of a continuous enrollment contract, the Secretary may make an incentive payment to an owner or operator of eligible land in an amount sufficient to encourage participation in the program established under this subchapter.

“(B) LIMITATION ON MAKING PAYMENTS.—The Secretary may only make an incentive payment under subparagraph (A) if the national average market price received by producers during the previous 12-month marketing year for major covered commodities is greater than the national average market price received by producers during the most recent 10 marketing years for major covered commodities.

“(2) TREE THINNING AND OTHER PRACTICES.—

(C) in paragraph (2)(B) (as so designated), by striking paragraph (1) and inserting subparagraph (A);

(2) in subsection (d)—

(A) in paragraph (3)(A)—

(i) by striking Secretary may and inserting the following: “Secretary—

“(i) may”;

(ii) in clause (i) (as so designated), by striking the period at the end and inserting ; and; and

(iii) by adding at the end the following:

“(ii) shall prioritize the enrollment of marginal and environmentally sensitive land that is the subject of the contract offer.”; and

(B) in paragraph (5)—

(i) in subparagraph (A), by striking other before year,;

(ii) in subparagraph (C)—

(I) by striking The Secretary may use and inserting Subject to paragraph (3)(A)(ii), with respect to; and

(II) by striking rental rates the first place it appears and inserting the following: “rental rates, the Secretary—

“(i) shall apply the limitation described in subsection (g)(1); and

“(ii) may use the estimates”; and

(iii) by adding at the end the following:

“(D) RENTAL RATE LIMITATION.—Except in the case of an incentive payment under subsection (c), a payment under this subchapter shall not exceed 88.5 percent of the estimated rental rate determined under subparagraph (A).”; and

(3) in subsection (g)—

(A) in paragraph (1), by striking The total and inserting Except as provided in paragraph (2), the total; and

(B) by striking paragraph (2) and inserting the following:

“(2) WELLHEAD PROTECTION.—Paragraph (1) and section 1001D(b) shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subchapter for the purpose of protecting a wellhead.”.

SEC. 2105. Conservation reserve enhancement program.

(a) In general.—Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1231 (16 U.S.C. 3831) the following:

SEC. 1231A. Conservation reserve enhancement program.

“(a) Definitions.—In this section:

“(1) ELIGIBLE LAND.—The term eligible land means land that is eligible to be included in the program established under this subchapter.

“(2) ELIGIBLE PARTNER.—The term eligible partner means—

“(A) a State;

“(B) a political subdivision of a State;

“(C) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));

“(D) a nongovernmental organization;

“(E) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));

“(F) a State cooperative extension service;

“(G) a research institute; and

“(H) any other entity, as determined appropriate by the Secretary.

“(3) MANAGEMENT.—The term management means an activity conducted by an owner or operator under a contract entered into under this subchapter after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice—

“(A) throughout the term of the contract; and

“(B) consistent with the conservation plan that covers the eligible land.

“(4) PROGRAM.—The term program means a conservation reserve enhancement program carried out under an agreement under subsection (b)(1).

“(b) Agreements.—

“(1) IN GENERAL.—The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—

“(A) to assist in enrolling eligible land in the program established under this subchapter; and

“(B) that the Secretary determines will advance the purposes of this subchapter.

“(2) CONTENTS.—An agreement entered into under paragraph (1) shall—

“(A) describe—

“(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;

“(ii) quantifiable environmental goals for addressing the concerns under clause (i);

“(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary;

“(iv) the location of eligible land to be enrolled in the project area identified under the agreement;

“(v) the payments to be offered by the Secretary and eligible partner to an owner or operator; and

“(vi) an appropriate list of conservation reserve program conservation practice standards, including any modifications to the practice standards, that are appropriate to meeting the concerns described under clause (i), as determined by the Secretary in consultation with eligible partners; and

“(B) require the eligible partner to provide funds.

“(3) EFFECT ON EXISTING AGREEMENTS.—

“(A) IN GENERAL.—Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subchapter.

“(B) MODIFICATION OF EXISTING AGREEMENTS.—To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before the date of enactment of this section under the Conservation Reserve Enhancement Program established by the Secretary under this subchapter.

“(c) Payments.—

“(1) FUNDING REQUIREMENT.—Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance.

“(2) MARGINAL PASTURELAND COST-SHARE PAYMENTS.—The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a program reflect the fair market value of the cost of installation.

“(3) COST-SHARE AND PRACTICE INCENTIVE PAYMENTS.—

“(A) IN GENERAL.—On request of an owner or operator, the Secretary shall provide cost-share payments when a major conservation practice component is completed under a program, as determined by the Secretary.

“(B) ASSIGNMENT TO ELIGIBLE PARTNER.—An owner or operator may assign cost-share and practice incentive payments to an eligible partner if the eligible partner installs the conservation practice or conducts the ongoing management of the conservation practice on behalf of the owner or operator.

“(4) RIPARIAN BUFFER MANAGEMENT PAYMENTS.—

“(A) IN GENERAL.—In the case of an agreement under subsection (b)(1) that includes riparian buffers as an eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land.

“(B) LIMITATION.—The amount of payments received by an owner or operator under subparagraph (A) shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under section 1261(a).

“(d) Forested riparian buffer practice.—

“(1) FOOD-PRODUCING WOODY PLANTS.—In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible practice, the Secretary shall allow an owner or operator—

“(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—

“(i) the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and

“(ii) the planting shall be consistent with—

“(I) recommendations of the applicable State technical committee established under section 1261(a); and

“(II) technical guide standards of the applicable field office of the Natural Resources Conservation Service; and

“(B) to harvest from plants described in subparagraph (A), on the conditions that—

“(i) the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the program; and

“(ii) only native plant species appropriate to the region shall be used within 35 feet of the watercourse.

“(2) TECHNICAL ASSISTANCE.—For the purpose of enrolling forested riparian buffers in a program, the Administrator of the Farm Service Agency, in consultation with the Chief of the Forest Service—

“(A) shall provide funds for technical assistance directly to a State forestry agency; and

“(B) is encouraged to partner with a nongovernmental organization—

“(i) to make recommendations for conservation practices under the program;

“(ii) to provide technical assistance necessary to carry out the conservation practices recommended under clause (i); and

“(iii) to implement riparian buffers by—

“(I) pooling and submitting applications on behalf of owners and operators in a specific watershed; and

“(II) carrying out management activities for the duration of the program.

“(e) Acreage.—Of the acres of land maintained in the conservation reserve in accordance with section 1231(d)(1), to the maximum extent practicable, not less than 20 percent of the acres enrolled in the conservation reserve program using continuous sign-up under section 1234(d)(2)(A)(ii) shall be enrolled under an agreement under subsection (b)(1).

“(f) Status report.—Not later than 180 days after the end of each fiscal year, the Secretary shall submit to Congress a report that describes, with respect to each agreement entered into under subsection (b)(1)—

“(1) the status of the agreement;

“(2) the purposes and objectives of the agreement;

“(3) the Federal and eligible partner commitments made under the agreement; and

“(4) the progress made in fulfilling those commitments.”.

(b) Conforming amendments.—

(1) Section 1240R(c)(3) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(c)(3)) is amended by striking a special conservation reserve enhancement program described in section 1234(f)(4) and inserting the Conservation Reserve Enhancement Program under section 1231A.

(2) Section 1244(f)(3) of the Food Security Act of 1985 (16 U.S.C. 3844(f)(3)) is amended by striking subsection (d)(2)(A)(ii) or (g)(2) of section 1234 and inserting section 1231A or 1234(d)(2)(A)(ii).

SEC. 2106. Contracts.

(a) In general.—Section 1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is amended—

(1) by striking subsection (e);

(2) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively;

(3) in subsection (e) (as so redesignated)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking retired farmer or rancher and inserting contract holder;

(ii) by striking retired or retiring owner or operator each place it appears and inserting contract holder;

(iii) in subparagraph (A), in the matter preceding clause (i), by striking 1 year and inserting 2 years;

(iv) in subparagraph (B), by inserting purchase, including a lease with a term of less than 5 years and an option to before purchase);

(v) in subparagraph (D), by striking and at the end;

(vi) by redesignating subparagraph (E) as subparagraph (F); and

(vii) by inserting after subparagraph (D) the following:

“(E) give priority to the enrollment of the land in—

“(i) the conservation stewardship program established under subchapter B of chapter 2;

“(ii) the environmental quality incentives program established under chapter 4; or

“(iii) the agricultural conservation easement program established under subtitle H; and”; and

(B) in paragraph (2)(A), by striking under the and inserting the following: “under—

“(i) the conservation reserve program for grasslands described in section 1231(b)(3); or

“(ii) the”; and

(4) by adding at the end the following:

“(h) Owner or operator election relating to conservation reserve easements.—

“(1) DEFINITION OF COVERED CONTRACT.—In this subsection, the term covered contract means a contract entered into under this subchapter—

“(A) during the period beginning on the date of enactment of this subsection and ending on September 30, 2023; and

“(B) that covers land enrolled in the conservation reserve program—

“(i) under the clean lakes, estuaries, and rivers priority described in section 1231(d)(5); or

“(ii) that is located in a State acres for wildlife enhancement area under section 1231(j).

“(2) ELECTION.—On the expiration of a covered contract, an owner or operator party to the covered contract shall elect—

“(A) not to reenroll the land under the contract;

“(B) to reenroll the land under the contract, on the conditions that—

“(i) the annual rental payment shall be decreased by 40 percent; and

“(ii) no incentive payments shall be provided under the contract; or

“(C) not to reenroll the land under the contract and to enroll the land under the contract in a conservation reserve easement under section 1231C.

“(3) EXCEPTION.—On the expiration of a covered contract, if land enrolled in the conservation reserve program under that contract is determined by the Secretary to not be suitable for permanent protection through a conservation reserve easement under section 1231C, notwithstanding paragraph (2)(B), the Secretary shall allow the land to be reenrolled under the terms of the conservation reserve program in effect on the date of expiration.”.

(b) Conforming amendment.—Section 1241(a)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking 1235(f) and inserting 1235(e).

SEC. 2107. Conservation reserve easements.

Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1231B (16 U.S.C. 3831b) the following:

SEC. 1231C. Conservation reserve easements.

“(a) In general.—

“(1) ENROLLMENT.—The Secretary shall offer to enroll land in the conservation reserve program through a conservation reserve easement in accordance with this section.

“(2) EXCLUSION OF ACREAGE LIMITATION.—For purposes of applying the limitations in section 1231(d)(1), the Secretary shall not count acres of land enrolled under this section.

“(b) Eligible land.—Only land subject to an expired covered contract (as defined in section 1235(h)(1)) shall be eligible for enrollment through a conservation reserve easement under this section.

“(c) Term.—The term of a conservation reserve easement shall be—

“(1) permanent; or

“(2) the maximum period allowed by State law.

“(d) Agreements.—To be eligible to enroll land in the conservation reserve program through a conservation reserve easement, the owner of the land shall enter into an agreement with the Secretary—

“(1) to grant an easement on the land to the Secretary;

“(2) to implement a conservation reserve easement plan developed for the land under subsection (h)(1);

“(3) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement;

“(4) to provide a written statement of consent to the easement signed by any person holding a security interest in the land;

“(5) to comply with the terms and conditions of the easement and any related agreements; and

“(6) to permanently retire any existing base history for the land covered by the easement.

“(e) Terms and conditions of easements.—

“(1) IN GENERAL.—A conservation reserve easement shall include terms and conditions that—

“(A) permit—

“(i) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and

“(ii) owners to control public access on the land while identifying access routes to be used for restoration activities and management and easement monitoring;

“(B) prohibit—

“(i) the alteration of wildlife habitat and other natural features of the land, unless specifically authorized by the Secretary as part of the conservation reserve easement plan;

“(ii) the spraying of the land with chemicals or the mowing of the land, except where the spraying or mowing is authorized by the Secretary or is necessary—

“(I) to comply with Federal or State noxious weed control laws;

“(II) to comply with a Federal or State emergency pest treatment program; or

“(III) to meet habitat needs of specific wildlife species;

“(iii) any activity to be carried out on the land of the owner or successor that is immediately adjacent to, and functionally related to, the land that is subject to the easement if the activity will alter, degrade, or otherwise diminish the functional value of the land; and

“(iv) the adoption of any other practice that would tend to defeat the purposes of the conservation reserve program, as determined by the Secretary; and

“(C) include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this section.

“(2) VIOLATION.—On the violation of a term or condition of a conservation reserve easement—

“(A) the conservation reserve easement shall remain in force; and

“(B) the Secretary may require the owner to refund all or part of any payments received by the owner under the program, with interest on the payments, as determined appropriate by the Secretary.

“(3) COMPATIBLE USES.—Land subject to a conservation reserve easement may be used for compatible economic uses, including hunting and fishing, managed timber harvest, or periodic haying or grazing, if the use—

“(A) is specifically permitted by the conservation reserve easement plan developed for the land; and

“(B) is consistent with the long-term protection and enhancement of the conservation resources for which the easement was established.

“(f) Compensation.—

“(1) DETERMINATION.—

“(A) PERMANENT EASEMENTS.—The Secretary shall pay as compensation for a permanent conservation reserve easement acquired under this section an amount necessary to encourage enrollment of land in such a conservation reserve easement, based on the lowest of—

“(i) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an areawide market analysis or survey;

“(ii) the amount corresponding to a geographical limitation, as determined by the Secretary in regulations prescribed by the Secretary; or

“(iii) the offer made by the landowner.

“(B) OTHER.—Compensation for a conservation reserve easement that is not permanent due to a restriction in applicable State law shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent conservation reserve easement.

“(2) FORM OF PAYMENT.—Compensation for a conservation reserve easement shall be provided by the Secretary in the form of a cash payment, in an amount determined under paragraph (1).

“(3) PAYMENTS.—The Secretary may provide payment under this paragraph to a landowner using—

“(A) 10 annual payments; or

“(B) 1 payment.

“(4) TIMING.—The Secretary shall provide any annual easement payment obligation under paragraph (3)(A) as early as practicable in each fiscal year.

“(5) PAYMENTS TO OTHERS.—The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section—

“(A) dies;

“(B) becomes incompetent;

“(C) is succeeded by another person or entity who renders or completes the required performance; or

“(D) is otherwise unable to receive the payment.

“(g) Technical assistance.—

“(1) IN GENERAL.—The Secretary shall assist owners in complying with the terms and conditions of a conservation reserve easement.

“(2) CONTRACTS OR AGREEMENTS.—The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a conservation reserve easement if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program.

“(h) Administration.—

“(1) CONSERVATION RESERVE EASEMENT PLAN.—The Secretary shall develop a conservation reserve easement plan for any land subject to a conservation reserve easement, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land.

“(2) DELEGATION OF EASEMENT ADMINISTRATION.—

“(A) FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES.—The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this section to other Federal, State, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities.

“(B) CONSERVATION ORGANIZATIONS.—The Secretary may delegate any management responsibilities of the Secretary under this section to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources.”.

SEC. 2108. Eligible land; State law requirements.

The Secretary shall revise paragraph (4) of section 1410.6(d) of title 7, Code of Federal Regulations, to provide that land shall not be ineligible for enrollment in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph if the Deputy Administrator (as defined in section 1410.2(b) of title 7, Code of Federal Regulations (or successor regulations)), in consultation with the applicable State technical committee established under section 1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)) determines, under such terms and conditions as the Deputy Administrator, in consultation with the State technical committee, determines to be appropriate, that making that land eligible for enrollment in that program is in the best interests of that program.

subtitle BConservation Stewardship Program

SEC. 2201. Definitions.

Section 1238D of the Food Security Act of 1985 (16 U.S.C. 3838d) is amended—

(1) in paragraph (2)(B)—

(A) in clause (i), by striking and at the end;

(B) in clause (ii), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(iii) development of a comprehensive conservation plan, as defined in section 1238G(f)(1);

“(iv) soil health planning, including planning to increase soil organic matter; and

“(v) activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility.”; and

(2) in paragraph (7), by striking the period at the end and inserting the following:through the use of—

“(A) quality criteria under a resource management system;

“(B) predictive analytics tools or models developed or approved by the Natural Resources Conservation Service;

“(C) data from past and current enrollment in the program; and

“(D) other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.”.

SEC. 2202. Establishment.

(a) Extension.—Section 1238E(a) of the Food Security Act of 1985 (16 U.S.C. 3838e(a)) is amended in the matter preceding paragraph (1) by striking 2018 and inserting 2023.

(b) Exclusions.—Section 1238E(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3838e(b)(2)) is amended in the matter preceding paragraph (1) by striking the Agricultural Act of 2014 and inserting the Agriculture Improvement Act of 2018.

SEC. 2203. Stewardship contracts.

Section 1238F of the Food Security Act of 1985 (16 U.S.C. 3838f) is amended—

(1) in subsection (b), by striking paragraph (1) and inserting the following:

“(1) RANKING OF APPLICATIONS.—

“(A) IN GENERAL.—In evaluating contract offers submitted under subsection (a), the Secretary shall rank applications based on—

“(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at the time of submission of the application;

“(ii) the degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and

“(iii) other consistent criteria, as determined by the Secretary.

“(B) ADDITIONAL CRITERION.—If 2 or more applications receive the same ranking under subparagraph (A), the Secretary shall rank those contracts based on the extent to which the actual and anticipated conservation benefits from each contract are provided at the lowest cost relative to other similarly beneficial contract offers.”; and

(2) in subsection (e)—

(A) in paragraph (2)—

(i) by inserting new or improved after integrate; and

(ii) by inserting demonstrating continued improvement during the additional 5-year period, after operation,; and

(B) in paragraph (3)(B), by striking to exceed the stewardship threshold of and inserting to adopt or improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect to not less than.

SEC. 2204. Duties of Secretary.

Section 1238G of the Food Security Act of 1985 (16 U.S.C. 3838g) is amended—

(1) in subsection (c)—

(A) in the matter preceding paragraph (1)—

(i) by striking Agricultural Act of 2014, and ending on September 30, 2022 and inserting Agriculture Improvement Act of 2018, and ending on September 30, 2028; and

(ii) by striking , to the maximum extent practicable;

(B) in paragraph (1)—

(i) by inserting to the maximum extent practicable, before enroll; and

(ii) by striking 10,000,000 and inserting 8,797,000; and

(C) in paragraph (2)—

(i) by inserting notwithstanding any other provision of this subchapter, before manage; and

(ii) by striking all financial and all that follows through the period at the end and inserting the following:all—

“(A) financial assistance, including payments made under subsections (d)(5), (e), and (f);

“(B) technical assistance; and

“(C) any other expenses associated with enrollment or participation in the program.”;

(2) in subsection (d), by adding at the end the following:

“(5) PAYMENT FOR COVER CROP ACTIVITIES.—Subject to the restriction under subsection (c)(2), the amount of a payment under this subsection for cover crop activities shall be not less than 125 percent of the annual payment amount determined by the Secretary under paragraph (2).”;

(3) in subsection (e)—

(A) in the subsection heading, by inserting and advanced grazing management after rotations;

(B) by striking paragraph (2);

(C) by redesignating paragraphs (1) and (4) as paragraphs (2) and (1), respectively, and moving the paragraphs so as to appear in numerical order;

(D) in paragraph (1) (as so redesignated)—

(i) by redesignating subparagraphs (A) through (D) and (E) as clauses (i) through (iv) and (vi), respectively, and indenting appropriately;

(ii) by striking the paragraph designation and all that follows through the term in the matter preceding clause (i) (as so redesignated) and inserting the following:

“(1) DEFINITIONS.—In this subsection:

“(A) ADVANCED GRAZING MANAGEMENT.—The term advanced grazing management means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for—

“(i) improved soil health and carbon sequestration;

“(ii) drought resilience;

“(iii) wildlife habitat;

“(iv) wildfire mitigation;

“(v) control of invasive plants; and

“(vi) water quality improvement.

“(B) MANAGEMENT-INTENSIVE ROTATIONAL GRAZING.—The term management-intensive rotational grazing means a strategic, adaptively managed multipasture grazing system in which animals are regularly and systematically moved to fresh pasture in a manner that—

“(i) maximizes the quantity and quality of forage growth;

“(ii) improves manure distribution and nutrient cycling;

“(iii) increases carbon sequestration from greater forage harvest;

“(iv) improves the quality and quantity of cover for wildlife;

“(v) provides permanent cover to protect the soil from erosion; and

“(vi) improves water quality.

“(C) RESOURCE-CONSERVING CROP ROTATION.—The term”; and

(iii) in subparagraph (C) (as so designated)—

(I) in clause (iv) (as so redesignated), by striking and at the end; and

(II) by inserting after clause (iv) (as so redesignated) the following:

“(v) builds soil organic matter; and”;

(E) in paragraph (2) (as so redesignated), by striking improve resource-conserving and all that follows through the period at the end and inserting the following:improve, manage, and maintain—

“(A) resource-conserving crop rotations; or

“(B) advanced grazing management.”;

(F) in paragraph (3)—

(i) by striking paragraph (1) and inserting paragraph (2); and

(ii) by striking and maintain and all that follows through the period at the end and inserting or improve, manage, and maintain resource-conserving crop rotations or advanced grazing management for the term of the contract.; and

(G) by adding at the end the following:

“(4) AMOUNT OF PAYMENT.—Subject to the restriction under subsection (c)(2), an additional payment provided under paragraph (2) shall be not less than 150 percent of the annual payment amount determined by the Secretary under subsection (d)(2).”;

(4) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively;

(5) by inserting after subsection (e) the following:

“(f) Payment for comprehensive conservation plan.—

“(1) DEFINITION OF COMPREHENSIVE CONSERVATION PLAN.—In this subsection, the term comprehensive conservation plan means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2).

“(2) PAYMENT FOR COMPREHENSIVE CONSERVATION PLAN.—Subject to the restriction under subsection (c)(2), the Secretary shall provide a 1-time payment to a producer that develops and implements a comprehensive conservation plan.

“(3) AMOUNT OF PAYMENT.—The Secretary shall determine the amount of payment under paragraph (2) based on—

“(A) the number of priority resource concerns addressed in the comprehensive conservation plan; and

“(B) the number of types of land uses included in the comprehensive conservation plan.”;

(6) in subsection (g) (as so redesignated)—

(A) by striking 2014 through 2018 and inserting 2019 through 2023; and

(B) by inserting or acequias after Indian tribes; and

(7) in subsection (i) (as so redesignated)—

(A) by striking the subsection designation and heading and all that follows through The Secretary and inserting the following:

“(i) Organic certification.—

“(1) COORDINATION.—The Secretary”; and

(B) by adding at the end the following:

“(2) ALLOCATION.—

“(A) IN GENERAL.—Using funds made available for the program for each of fiscal years 2019 through 2023, the Secretary shall allocate funding to States to support organic production and transition to organic production through paragraph (1).

“(B) DETERMINATION.—The Secretary shall determine the allocation to a State under subparagraph (A) based on—

“(i) the certified and transitioning organic operations of the State; and

“(ii) the organic acreage of the State.”;

(8) in subsection (j) (as so redesignated), by striking subsection (f) and inserting subsection (g); and

(9) by adding at the end the following:

“(k) Streamlining and coordination.—To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the environmental quality incentives program under chapter 4, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.

“(l) Soil health.—To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.

“(m) Annual report.—Each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—

“(1) the national average rate of funding per acre for the program for that fiscal year, including a description of whether the program is managed in accordance with the restriction under subsection (c)(2); and

“(2) the payment rates for conservation activities offered to producers under the program and an analysis of whether payment rates can be reduced for the most expensive conservation activities.”.

subtitle CEnvironmental Quality Incentives Program

SEC. 2301. Purposes.

Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is amended—

(1) in paragraph (3)—

(A) in subparagraph (B), by striking and at the end; and

(B) by adding at the end the following:

“(D) adapting to, and mitigating against, increasing weather volatility; and”; and

(2) in paragraph (4)—

(A) by striking to make beneficial, cost effective changes to production systems (including conservation practices related to organic production) and inserting to address identified, new, or expected resource concerns associated with changes to production systems, including conservation practices related to organic production; and

(B) by striking livestock, pest or irrigation management and inserting crops and livestock, pest management, irrigation management, drought resiliency measures.

SEC. 2302. Definitions.

Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa–1) is amended—

(1) by redesignating paragraphs (1) through (4) and (5) as paragraphs (2) through (5) and (7), respectively;

(2) by inserting before paragraph (2) (as so redesignated) the following:

“(1) CONSERVATION PLANNING SURVEY.—The term conservation planning survey means a plan that—

“(A) is developed by—

“(i) a State or unit of local government (including a conservation district);

“(ii) a Federal agency; or

“(iii) a third-party provider certified under section 1242(e) (including a certified rangeland professional);

“(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land;

“(C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture; and

“(D) provides recommendations for enrollment in the program or other conservation programs of the Department of Agriculture.”;

(3) in paragraph (2) (as so redesignated), in subparagraph (B)—

(A) by redesignating clause (vi) as clause (vii);

(B) by inserting after clause (v) the following:

“(vi) Land that facilitates the avoidance of crossing an environmentally sensitive area, as determined by the Secretary.”; and

(C) in clause (vii) (as so redesignated), by inserting identified or expected before resource concerns;

(4) in paragraph (5) (as so redesignated)—

(A) in subparagraph (A)—

(i) in clause (iv), by striking and at the end;

(ii) by redesignating clause (v) as clause (vii); and

(iii) by inserting after clause (iv) the following:

“(v) soil tests for—

“(I) heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, and other contaminants; and

“(II) biological and physical soil health;

“(vi) scientifically based soil remediation practices to be carried out by the producer, as determined by the Secretary; and”; and

(B) in subparagraph (B)—

(i) in clause (i), by striking and at the end;

(ii) by redesignating clause (ii) as clause (v); and

(iii) by inserting after clause (i) the following:

“(ii) resource-conserving crop rotation planning;

“(iii) soil health planning, including planning to increase soil organic matter;

“(iv) a conservation planning survey; and”; and

(5) by inserting after paragraph (5) (as so redesignated) the following:

“(6) PRODUCER.—The term producer includes an acequia.”.

SEC. 2303. Establishment and administration.

Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended—

(1) in subsection (a), by striking 2019 and inserting 2023;

(2) in subsection (b)(2)—

(A) by striking A contract and inserting the following:

“(A) IN GENERAL.—A contract”; and

(B) by adding at the end the following:

“(B) WILDLIFE PRACTICES.—

“(i) IN GENERAL.—In the case of a contract under the program entered into solely for the establishment of 1 or more annual management practices for the benefit of wildlife, notwithstanding any maximum contract term established by the Secretary, the contract shall have a term that does not exceed 10 years.

“(ii) INCLUSIONS.—A contract under the program may include a practice that provides incentives to producers to—

“(I) carry out postharvest flooding to provide seasonal wetland habitat for waterfowl and migratory birds during the fall and winter months; and

“(II) maintain the hydrology of temporary and seasonal wetlands of not more than 2 acres in order to maintain waterfowl and migratory bird habitat on working cropland.”;

(3) in subsection (d)—

(A) in paragraph (4)(B)—

(i) in clause (i)—

(I) by striking Not more than and inserting The Secretary shall provide at least;

(II) by striking may be provided; and

(III) by striking the purpose of and inserting all costs related to;

(ii) in clause (ii), by striking 90-day and inserting 180-day; and

(iii) by adding at the end the following:

“(iii) OPTION TO OPT OUT.—A producer described in subparagraph (A) shall be given the opportunity to opt out of the advance payments under clause (i).”; and

(B) by adding at the end the following:

“(7) REVIEW AND GUIDANCE FOR COST SHARE RATES.—

“(A) IN GENERAL.—Not later than 365 days after the date of enactment of this paragraph, the Secretary shall—

“(i) review the cost share rates of payments made to producers for practices on eligible land under this section; and

“(ii) evaluate whether those rates are the least costly rates of payment that—

“(I) encourage participation in the program; and

“(II) encourage implementation of the most effective practices to address local natural resource concerns on eligible land.

“(B) GUIDANCE.—

“(i) IN GENERAL.—The Secretary shall issue guidance to States to consider the use of the least costly rate of payment to producers for practices.

“(ii) CONSIDERATIONS.—In determining the least costly rate of payment to producers under clause (i), the Secretary shall consider the rate of payment that—

“(I) encourages participation in the program; and

“(II) most effectively addresses local natural resource concerns on eligible land.

“(8) REVIEW OF CONSERVATION PRACTICE STANDARDS.—

“(A) REVIEW.—Not later than 365 days after the date of enactment of this paragraph, the Secretary shall review conservation practice standards under the program to evaluate opportunities to increase flexibility within conservation practice standards while ensuring equivalent natural resource benefits.

“(B) GUIDANCE.—If the Secretary identifies under subparagraph (A) a conservation practice standard that can be modified to provide more flexibility without compromising natural resource benefits, the Secretary shall issue guidance for revising the applicable conservation practice standard.

“(9) INCREASED PAYMENTS FOR HIGH-PRIORITY PRACTICES.—

“(A) STATE DETERMINATION.—Each State, in consultation with the State technical committee established under section 1261(a) for the State, may designate 10 practices to be eligible for increased payments under subparagraph (B), on the condition that the practice, as determined by the Secretary—

“(i) has received a high Natural Resources Conservation Service evaluation score for addressing specific causes of impairment relating to excessive nutrients in groundwater or surface water or for addressing the conservation of water to advance drought mitigation;

“(ii) meets other environmental priorities; and

“(iii) is geographically targeted to address a natural resource concern in a specific watershed.

“(B) INCREASED PAYMENTS.—Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training.”;

(4) in subsection (f)—

(A) in paragraph (1)—

(i) by striking 2014 through 2018 and inserting 2019 through 2023;

(ii) by striking 60 and inserting 50; and

(iii) by striking production. and inserting production, including grazing management practices.;

(B) in paragraph (2)—

(i) by striking For each and inserting the following:

“(A) FISCAL YEARS 2014 THROUGH 2018.—For each”; and

(ii) by adding at the end the following:

“(B) FISCAL YEARS 2019 THROUGH 2023.—For each of fiscal years 2019 through 2023, at least 10 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).”; and

(C) by adding at the end the following:

“(3) REVIEW OF PROCESS FOR DETERMINING ANNUAL FUNDING ALLOCATIONS TO STATES.—

“(A) IN GENERAL.—Not later than 365 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall review the process for determining annual funding allocations to States under the program.

“(B) CONSIDERATIONS.—In conducting the review under subparagraph (A), the Secretary shall consider—

“(i) the roles of, in determining annual funding allocations to States—

“(I) relevant data on local natural resource concerns, including the outcomes of the Conservation Effects Assessment Project carried out by the Natural Resources Conservation Service; and

“(II) the recommendations of State technical committees established under section 1261(a) and other local stakeholder input;

“(ii) how to utilize the data and local input described in subclauses (I) and (II) of clause (i) such that, to the maximum extent practicable, consideration of local natural resource concerns is a leading factor when determining annual funding allocations to States; and

“(iii) the process used at the national level to evaluate State budget proposals and allocate funds to achieve priority natural resource objectives, including the factors considered in ranking State proposals.”;

(5) in subsection (h)—

(A) by striking paragraph (1) and inserting the following:

“(1) AVAILABILITY OF PAYMENTS.—The Secretary may provide water conservation and system efficiency payments under this subsection to an entity described in paragraph (2) or a producer for—

“(A) water conservation scheduling, water distribution efficiency, soil moisture monitoring, or an appropriate combination thereof;

“(B) irrigation-related structural or other measures that conserve surface water or groundwater, including managed aquifer recovery practices; or

“(C) a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation.”;

(B) by redesigning paragraph (2) as paragraph (3);

(C) by inserting after paragraph (1) the following:

“(2) ELIGIBILITY OF CERTAIN ENTITIES.—

“(A) IN GENERAL.—Notwithstanding section 1001(f)(6), the Secretary may enter into a contract under this subsection with a State, irrigation district, groundwater management district, acequia, or similar entity under a streamlined contracting process to implement water conservation or irrigation practices under a watershed-wide project that will effectively conserve water, provide fish and wildlife habitat, or provide for drought-related environmental mitigation, as determined by the Secretary.

“(B) IMPLEMENTATION.—Water conservation or irrigation practices that are the subject of a contract entered into under subparagraph (A) shall be implemented on—

“(i) eligible land of a producer; or

“(ii) land that is under the control of an irrigation district, a groundwater management district, an acequia, or a similar entity.

“(C) WAIVER AUTHORITY.—The Secretary may waive the applicability of the limitations in section 1001D(b) or section 1240G for a payment made under a contract entered into under this paragraph if the Secretary determines that the waiver is necessary to fulfill the objectives of the project.”;

(D) in paragraph (3) (as so redesignated)—

(i) in the matter preceding subparagraph (A), by striking to a producer and inserting under this subsection;

(ii) in subparagraph (A), by striking the eligible land of the producer is located, there is a reduction in water use in the operation of the producer and inserting the land on which the practices will be implemented is located, there is a reduction in water use in the operation on that land; and

(iii) in subparagraph (B), by inserting except in the case of an application under paragraph (2), before the producer agrees; and

(E) by adding at the end the following:

“(4) EFFECT.—Nothing in this section authorizes the Secretary to modify the process for determining the annual allocation of funding to States under the program.”;

(6) in subsection (i)(3), by striking $20,000 per year or $80,000 during any 6-year period and inserting $160,000 during the period of fiscal years 2019 through 2023; and

(7) by adding at the end the following:

“(j) Micro-EQIP pilot program.—

“(1) IN GENERAL.—On request of not more than 10 States, the Secretary may establish under the environmental quality incentives program a pilot program in that State under which the Secretary may—

“(A) provide financial and technical assistance to small-scale agricultural producers, including beginning farmers and ranchers and limited resource producers, that enter into contracts with the Secretary under the pilot program to address natural resource concerns relating to production on small-scale agricultural operations; and

“(B) conduct outreach to small-scale agricultural producers to increase participation in the pilot program.

“(2) PAYMENTS.—

“(A) IN GENERAL.—The Secretary shall determine whether a small-scale agricultural producer is eligible to receive payments under this subsection—

“(i) on a State-by-State basis;

“(ii) in consultation with the technical committee established under section 1261(a) of the State in which the small-scale agricultural producer is located; and

“(iii) based on factors that may include—

“(I) the operations of a small-scale agricultural producer, including with respect to adjusted gross income and gross sales;

“(II) demographic data relating to small-scale agricultural producers compiled by the National Agricultural Statistics Service; and

“(III) other relevant information, as determined by the Secretary.

“(B) AMOUNT.—The Secretary shall provide payments under this subsection to a producer that is eligible for the payments under subparagraph (A) in an amount that the Secretary determines is necessary to achieve the purpose described in paragraph (1)(A).

“(3) APPLICATIONS.—

“(A) IN GENERAL.—To be eligible to receive financial and technical assistance under this subsection, a producer that is eligible for the assistance under paragraph (2)(A) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(B) ADMINISTRATION.—To the maximum extent practicable, the Secretary shall limit the administrative burdens, and the regulatory barriers that contribute to administrative burdens, on producers applying for payments under this subsection, including by streamlining the application and approval processes for payments.

“(4) PILOT PROGRAM COORDINATOR.—The Secretary may designate a pilot program coordinator in each State who—

“(A) at the time of designation is an employee of the Natural Resources Conservation Service in that State; and

“(B) shall be responsible for—

“(i) public outreach relating to the pilot program under this subsection;

“(ii) assisting producers in the submission of applications under the pilot program; and

“(iii) distributing financial and technical assistance under this subsection in that State.

“(5) REPORT.—Not later than May 1, 2022, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the pilot program under this subsection, including—

“(A) steps taken under paragraph (3)(B) to limit administrative burdens and regulatory barriers; and

“(B) to the maximum extent practicable, demographic information about each small-scale agricultural producer participating in the pilot program.”.

SEC. 2304. Evaluation of applications.

Section 1240C(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–3(a)) is amended—

(1) by striking that will ensure and inserting the following:that shall—

“(1) ensure”;

(2) in paragraph (1) (as so designated), by striking the period at the end and inserting ; and; and

(3) by adding at the end the following:

“(2) give priority to the consideration of the most effective practices to address natural resource concerns on eligible land.”.

SEC. 2305. Duties of the Secretary.

Section 1240F of the Food Security Act of 1985 (16 U.S.C. 3839aa–6) is amended—

(1) by striking To the extent appropriate, and inserting the following:

“(a) Assistance to producers.—To the extent appropriate,”; and

(2) by adding at the end the following:

“(b) Streamlining and coordination.—To the maximum extent feasible, the Secretary shall—

“(1) provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B of chapter 2, including applications, contracting, conservation planning, conservation practices, and related administrative procedures; and

“(2) coordinate management of the program and the conservation stewardship program under subchapter B of chapter 2 to facilitate the ability of a participant in the program to enroll in the conservation stewardship program after meeting the stewardship threshold (as defined in section 1238D) for not less than 2 priority resource concerns under that program.

“(c) Soil health.—To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.”.

SEC. 2306. Environmental quality incentives program plan.

Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa–5(a)(3)) is amended by inserting progressive before implementation.

SEC. 2307. Limitation on payments.

Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa–7) is amended by striking 2014 through 2018 and inserting 2019 through 2023.

SEC. 2308. Conservation innovation grants and payments.

Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–8) is amended—

(1) in subsection (a)(2)—

(A) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;

(B) by inserting after subparagraph (D) the following:

“(E) partner with farmers to develop innovative conservation practices for urban, indoor, or other emerging agricultural practices to increase—

“(i) green space;

“(ii) pollinator habitat;

“(iii) stormwater management;

“(iv) carbon sequestration; and

“(v) access to agricultural production sites through land tenure agreements and other contracts;”;

(C) in subparagraph (F) (as so redesignated), by striking and at the end;

(D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ; and; and

(E) by adding at the end the following:

“(H) utilize edge-of-field and other monitoring practices on farms—

“(i) to quantify the impacts of conservation practices utilized under the program; and

“(ii) to assist producers in making the best conservation investments for their operation.”; and

(2) in subsection (b)(2), by striking 2018 and inserting 2023.

SEC. 2309. Soil health demonstration pilot project.

Chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended by adding at the end the following:

SEC. 1240I. Soil health demonstration pilot project.

“(a) In general.—The Secretary shall carry out a pilot project that provides financial incentives, as determined by the Secretary, to producers to adopt practices designed to improve soil health, including by increasing carbon levels in soil (or soil carbon levels).

“(b) Requirements.—In establishing the pilot project under subsection (a), the Secretary shall—

“(1) identify geographic regions of the United States, including not less than 1 drought prone region, based on factors such as soil type, cropping history, and water availability, in which to establish the pilot project;

“(2) establish payments to provide an incentive for the use of practices approved under the pilot project that—

“(A) improve soil health;

“(B) increase carbon levels in the soil; or

“(C) meet the goals described in subparagraphs (A) and (B); and

“(3) establish protocols for measuring carbon levels in soil to measure gains in soil health as a result of the practices used in the pilot project.

“(c) Study; report to Congress.—

“(1) STUDY.—Not later than September 30, 2022, the Secretary shall conduct a study regarding changes in soil health, and, if feasible, economic outcomes, as a result of the practices used in the pilot project established under subsection (a).

“(2) REPORT TO CONGRESS.—Not later than September 30, 2023, the Secretary shall submit to Congress a report describing and analyzing the results of the study conducted under paragraph (1).

“(d) Funding.—Of the funds made available to carry out this chapter, the Secretary may use to carry out the pilot project under subsection (a) $15,000,000 for each of fiscal years 2019 through 2023.”.

subtitle DOther Conservation Programs

SEC. 2401. Wetland conservation.

Section 1222(c) of the Food Security Act of 1985 (16 U.S.C. 3822(c)) is amended by inserting before the period at the end the following: in the presence of the affected person, as long as the affected person makes themselves available for the on-site visit.

SEC. 2402. Conservation security program.

Subchapter A of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) is repealed.

SEC. 2403. Conservation of private grazing land.

Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended—

(1) in subsection (c)(2), by adding at the end the following:

    “(C) PARTNERSHIPS.—In carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with—

    “(i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and

    “(ii) nongovernmental organizations.”; and

(2) in subsection (e), by striking 2018 and inserting 2023.

SEC. 2404. Soil health and income protection program.

Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1240M (16 U.S.C. 3839bb) the following:

SEC. 1240N. Soil health and income protection program.

“(a) Definition of eligible land.—In this section:

“(1) IN GENERAL.—The term eligible land means land that—

“(A) is selected by the owner or operator of the land for proposed enrollment in the program under this section; and

“(B) as determined by the Secretary—

“(i) had a cropping history or was considered to be planted during the 3 crop years preceding the crop year described in subsection (b)(2); and

“(ii) is verified to be less-productive land, as compared to other land on the applicable farm.

“(2) EXCLUSION.—The term eligible land does not include any land covered by a conservation reserve program contract under subchapter B of chapter 1 that expires during the crop year described in subsection (b)(2).

“(b) Establishment.—

“(1) IN GENERAL.—The Secretary shall establish a voluntary soil health and income protection program under which eligible land is enrolled through the use of agreements to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.

“(2) DEADLINE FOR PARTICIPATION.—Eligible land may be enrolled in the program under this section only during the first crop year beginning after the date of enactment of the Agriculture Improvement Act of 2018.

“(c) Agreements.—

“(1) REQUIREMENTS.—An agreement described in subsection (b) shall—

“(A) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and

“(B) provide that, during the term of the agreement—

“(i) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land;

“(ii) except as provided in paragraph (5), the owner or operator of the eligible land shall pay the cost of planting the conserving use cover crop under clause (i);

“(iii) subject to paragraph (6), the eligible land may be harvested for seed, hayed, or grazed outside the nesting and brood-rearing period established for the applicable county;

“(iv) the eligible land may be eligible for a walk-in access program of the applicable State, if any; and

“(v) a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover.

“(2) PAYMENTS.—Except as provided in paragraphs (5) and (6)(B)(ii), the annual rental rate for a payment under an agreement described in subsection (b) shall be equal to 50 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary.

“(3) LIMITATION ON ENROLLED LAND.—Not more than 15 percent of the eligible land on a farm may be enrolled in the program under this section.

“(4) TERM.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), each agreement described in subsection (b) shall be for a term of 3, 4, or 5 years, as determined by the parties to the agreement.

“(B) EARLY TERMINATION.—

“(i) SECRETARY.—The Secretary may terminate an agreement described in subsection (b) before the end of the term described in subparagraph (A) if the Secretary determines that the early termination of the agreement is necessary.

“(ii) OWNERS AND OPERATORS.—An owner and (if applicable) an operator of eligible land enrolled in the program under this section may terminate an agreement described in subsection (b) before the end of the term described in subparagraph (A) if the owner and (if applicable) the operator pay to the Secretary an amount equal to the amount of rental payments received under the agreement.

“(5) BEGINNING, SMALL, SOCIALLY DISADVANTAGED, YOUNG, OR VETERAN FARMERS AND RANCHERS.—With respect to a beginning, small, socially disadvantaged, young, or veteran farmer or rancher, as determined by the Secretary—

“(A) an agreement described in subsection (b) shall provide that, during the term of the agreement, the beginning, underserved, or young farmer or rancher shall pay 50 percent of the cost of planting the conserving use cover crop under paragraph (1)(B)(i); and

“(B) the annual rental rate for a payment under an agreement described in subsection (b) shall be equal to 75 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary.

“(6) HARVESTING, HAYING, AND GRAZING OUTSIDE APPLICABLE PERIOD.—The harvesting for seed, haying, or grazing of eligible land under paragraph (1)(B)(iii) outside of the nesting and brood-rearing period established for the applicable county shall be subject to the conditions that—

“(A) with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and

“(B) with respect to eligible land that is so harvested for seed—

“(i) the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and

“(ii) the rental payment otherwise applicable to the eligible land under this subsection shall be reduced by 25 percent.

“(d) Funding.—There are authorized to be appropriated such sums as are necessary to carry out this section.”.

SEC. 2405. Grassroots source water protection program.

Section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb–2) is amended by striking subsection (b) and inserting the following:

“(b) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2019 through 2023.”.

SEC. 2406. Soil testing and remediation assistance.

Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1240O (16 U.S.C. 3839bb–2) the following:

SEC. 1240P. Soil testing and remediation assistance.

“(a) Definition of producer.—In this section, the term producer includes a small-scale producer of food.

“(b) Soil health and quality.—To improve the health and quality of the soil used for agricultural production, the Secretary shall work with producers to mitigate the presence of contaminants in soil, including by carrying out subsections (c), (d), and (e).

“(c) Soil testing protocol.—

“(1) IN GENERAL.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish a coordinated soil testing protocol to simplify the process used by producers to evaluate soil health, including testing for—

“(A) the optimal level of constituents in and characteristics of the soil, such as organic matter, nutrients, and the potential presence of soil contamination from heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and

“(B) biological and physical characteristics indicative of proper soil functioning.

“(2) PUBLIC AVAILABILITY.—The Secretary shall make the soil testing protocol established under paragraph (1) available to the public.

“(d) Soil assessment and remediation technical assistance.—

“(1) IN GENERAL.—The Secretary shall provide technical assistance to a producer carrying out a soil assessment or soil remediation practice that shall include—

“(A) an overall review of the health of the soil used by the producer for agricultural production;

“(B) testing of the soil, if applicable, to determine the suitability of the soil for agricultural production;

“(C) based on the results of the soil tested under subparagraph (B), a consultation with the producer and a determination of the quality, health, and level of contamination of the soil adequate—

“(i) to protect against a health risk to producers;

“(ii) to limit contaminants from entering agricultural products for human consumption; and

“(iii) to regenerate and sustain the soil; and

“(D) recommendations on methods to conduct remediation or soil building efforts to improve soils and ensure that the producers—

“(i) are not growing products in soils with high levels of heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants;

“(ii) have appropriate information regarding financial resources and conservation practices available to keep soil healthy, including practices, as defined in section 1240A; and

“(iii) are given information about experts, including experts outside of the Natural Resources Conservation Service, that may provide assistance to producers to oversee and monitor soil under remediation or regeneration to ensure soils are suitable for agricultural production in the future.

“(2) EDUCATION AND OUTREACH.—The Secretary shall conduct education and outreach to producers regarding the uses of soil and methods of addressing soil contamination and soil health degradation.

“(e) Referral.—On the request of a producer, where soil is found to pose an imminent hazard to human health, the Secretary may refer the producer to the Administrator of the Environmental Protection Agency for additional assistance for remediation under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)).”.

SEC. 2407. Voluntary public access and habitat incentive program.

(a) Conservation innovation grants and payments.—Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–8) is amended—

(1) in the section heading, by striking grants and inserting grants, voluntary public access and habitat incentive program,; and

(2) by redesignating subsection (c) as subsection (d).

(b) Modifications and merging of provisions.—Section 1240R of the Food Security Act of 1985 (16 U.S.C. 3839bb–5) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; and

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(2) in subsection (c), by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately;

(3) in subsection (d)—

(A) in paragraph (1), by striking section and inserting subsection; and

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(4) in subsection (e), by striking section and inserting subsection;

(5) by striking subsection (f);

(6) by redesignating subsections (a) through (e) as paragraphs (1) through (5), respectively, and indenting appropriately;

(7) by adding at the end the following:

“(6) FUNDING.—Of the funds made available to carry out this chapter, the Secretary shall use to carry out this subsection $40,000,000 for the period of fiscal years 2019 through 2023.”;

(8) by striking the section designation and heading and all that follows through The Secretary shall establish a voluntary public access program in paragraph (1) (as so redesignated) and inserting the following:

“(c) Voluntary public access and habitat incentive program.—

“(1) IN GENERAL.—Out of the funds made available to carry out this chapter, the Secretary shall carry out a voluntary public access program (referred to in this subsection as the program)”; and

(9) by moving subsection (c) (as so amended and redesignated) so as to appear after subsection (b) of section 1240H (16 U.S.C. 3839aa–8) (as amended by subsection (a)(2)).

SEC. 2408. Agriculture conservation experienced services program.

Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) is amended by adding at the end the following:

“(e) Termination of effectiveness.—The authority provided by this section terminates effective October 1, 2023.”.

SEC. 2409. Remote telemetry data system.

The Food Security Act of 1985 is amended by inserting after section 1252 (16 U.S.C. 3851) the following:

SEC. 1253. Remote telemetry data system.

“(a) Finding.—Congress finds that a remote telemetry data system, as used for irrigation scheduling—

“(1) combines the use of field, weather, crop, soil, and irrigation data to ensure that the precise quantity of necessary water is applied to crops; and

“(2) saves water and energy while sustaining or increasing crop yields.

“(b) Best practice.—In carrying out the environmental quality incentives program established under chapter 4 of subtitle D, the Secretary shall encourage as a best management practice the use of remote telemetry data systems for irrigation scheduling.”.

SEC. 2410. Agricultural conservation easement program.

(a) Purposes.—Section 1265(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865(b))(3) is amended by inserting that may negatively impact the agricultural uses and conservation values before ; and.

(b) Definitions.—Section 1265A of the Food Security Act of 1985 (16 U.S.C. 3865a) is amended—

(1) in paragraph (1)(B), by striking subject to an agricultural land easement plan, as approved by the Secretary;

(2) in paragraph (2)(A), by striking government or an Indian tribe and inserting government, an Indian tribe, or an acequia; and

(3) in paragraph (3)—

(A) in subparagraph (A)(i), by striking entity; and inserting entity, unless the land will be enrolled in an agricultural land easement under subparagraph (B);;

(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and

(C) by inserting after subparagraph (A) the following:

“(B) in the case of an agricultural land easement, agricultural land that meets the conditions described in clauses (ii) and (iii) of subparagraph (A) that is owned by an organization described in paragraph (2)(B), on the conditions that—

“(i) if the organization that owns the land is also the eligible entity that would hold the agricultural land easement, the organization that owns the land shall certify to the Secretary on submission of the application that the land will be owned by a farmer or rancher that is not an organization described in paragraph (2)(B) on acquisition of the agricultural land easement;

“(ii) if the organization that owns the land is not the eligible entity that would hold the agricultural land easement, the organization that owns the land shall certify, through an agreement, contract, or guarantee with the Secretary on submission of the application, that the organization will identify a farmer or rancher that is not an organization described in paragraph (2)(B) and effect the timely subsequent transfer of the ownership of the land to that farmer or rancher after the date of acquisition of the agricultural land easement; and

“(iii) if the organization that certified the timely subsequent transfer of the ownership of the land under clause (ii) breaches the agreement, contract, or guarantee without justification and without a plan to effect the timely transfer of the land, that organization shall reimburse the Secretary for the entire amount of the Federal share of cost of each applicable agricultural land easement.”.

(c) Agricultural land easements.—Section 1265B of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended—

(1) in subsection (a)(2), by striking provide and all that follows through the period at the end and inserting implement the program, including technical assistance with the development of a conservation plan under subsection (b)(3).; and

(2) in subsection (b)—

(A) in paragraph (2)—

(i) in subparagraph (A), in the matter preceding clause (i), by striking paragraph (4) and inserting paragraph (5); and

(ii) in subparagraph (B), by striking clause (ii) and inserting the following:

“(ii) NON-FEDERAL SHARE.—The non-Federal share provided by an eligible entity under clause (i) may comprise—

“(I) a charitable donation or qualified conservation contribution (as defined in section 170(h) of the Internal Revenue Code of 1986) from the private landowner from which the agricultural land easement will be purchased;

“(II) costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and

“(III) other costs, as determined by the Secretary.”;

(B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;

(C) by inserting after paragraph (2) the following:

“(3) CONDITION ON ASSISTANCE.—An eligible entity applying for cost-share assistance under this subsection shall develop an agricultural land easement plan—

“(A) with the landowner of the eligible land subject to the agricultural land easement; and

“(B) that—

“(i) describes the natural resource concerns on the eligible land subject to the agricultural land easement;

“(ii) describes the conservation measures and practices that the landowner of the eligible land subject to the agricultural land easement may employ to address the concerns under clause (i);

“(iii) in the case of grasslands of special environmental significance, requires the management of grasslands according to a grasslands management plan; and

“(iv) in the case of highly erodible cropland, requires the implementation of a conservation plan that includes, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses.”;

(D) in paragraph (4) (as so redesignated)—

(i) in subparagraph (B)—

(I) in clause (i), by striking and at the end;

(II) in clause (ii), by striking the period at the end and inserting ; and; and

(III) by adding at the end the following:

“(iii) consultation with the appropriate State technical committee established under section 1261 to adjust evaluation and ranking criteria to account for geographic nuances if those adjustments—

“(I) meet the purposes of the program; and

“(II) continue to maximize the benefits of Federal investment under the program.”; and

(ii) by adding at the end the following:

“(D) PRIORITY.—In evaluating applications under the program, the Secretary may give priority to an application for the purchase of an agricultural land easement that, as determined by the Secretary, maintains agricultural viability.”;

(E) in paragraph (5) (as so redesignated)—

(i) in subparagraph (B)(i), by striking paragraph (5) and inserting paragraph (6);

(ii) in subparagraph (C)—

(I) in clause (i), by inserting and the agricultural activities to be conducted on the eligible land after program; and

(II) by striking clause (iv) and inserting the following:

“(iv) exclude a right of inspection, unless the eligible entity fails to provide monitoring reports to the Secretary;”;

(iii) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and

(iv) by inserting after subparagraph (C) the following:

“(D) ADDITIONAL PERMITTED TERMS AND CONDITIONS.—An eligible entity may include terms and conditions for an agricultural land easement that—

“(i) are intended to keep the land subject to the agricultural land easement in farmer ownership, as determined by the Secretary; and

“(ii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.”; and

(F) in paragraph (6) (as so redesignated)—

(i) in subparagraph (B)—

(I) in clause (iii), by redesignating subclauses (I) through (III) as items (aa) through (cc), respectively, and indenting appropriately;

(II) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;

(III) in the matter preceding subclause (I) (as so redesignated), by striking entity will and inserting the following: “eligible entity—

“(i) will”;

(IV) in clause (i)(III)(cc) (as so redesignated), by striking the period at the end and inserting a semicolon; and

(V) by adding at the end the following:

“(ii) has—

“(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary; and

“(II) acquired not fewer than 10 agricultural land easements under the program; and

“(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program; or

“(iii) is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection that has—

“(I) acquired not fewer than 10 agricultural land easements under the program; and

“(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program.”;

(ii) by redesignating subparagraph (C) as subparagraph (D); and

(iii) by inserting after subparagraph (B) the following:

“(C) TERMS AND CONDITIONS.—Notwithstanding paragraph (5)(C), to account for geographic and other differences among States and regions, an eligible entity certified under subparagraph (A) may use terms and conditions established by the eligible entity for agricultural land easements, on the condition that those terms and conditions shall be consistent with the purposes of the program.”.

(d) Wetland reserve easements.—Section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c) is amended—

(1) in subsection (b)—

(A) in paragraph (1)(D), by inserting and acequias after Indian tribes; and

(B) in paragraph (3)—

(i) in subparagraph (B)—

(I) in clause (iii), by striking and at the end;

(II) by redesignating clause (iv) as clause (v); and

(III) by inserting after clause (iii) the following:

“(iv) the ability of the land to sequester carbon; and”; and

(ii) in subparagraph (C), by inserting and improving water quality before the period at the end;

(2) in subsection (d)(2), by striking or Indian tribe and inserting Indian tribe, or acequia;

(3) in subsection (e), by striking or Indian tribe and inserting Indian tribe, or acequia; and

(4) in subsection (f)—

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B) by inserting after paragraph (1) the following:

“(2) NATIVE VEGETATION.—The Secretary may allow the establishment or restoration of an alternative vegetative community on the entirety of the eligible land subject to a wetland reserve easement if that alternative vegetative community—

“(A) will substantially support or benefit migratory waterfowl or other wetland wildlife; or

“(B) will meet local resource concerns or needs (including as an element of a regional, State, or local wildlife initiative or plan).”.

(e) Administration.—Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is amended—

(1) in subsection (a)—

(A) in paragraph (2), by inserting subject to paragraph (2), before lands owned;

(B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;

(C) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary and inserting the following:

“(1) IN GENERAL.—The Secretary”; and

(D) by adding at the end the following:

“(2) LAND OWNED BY ACEQUIAS.—Notwithstanding paragraph (1)(B), the Secretary may use program funds for the purpose of acquiring an easement on land owned by an acequia.”; and

(2) in subsection (d)—

(A) in paragraph (1), by striking transferred into the program and inserting enrolled in an easement under section 1265C(b); and

(B) by adding at the end the following:

“(3) AGRICULTURAL LAND EASEMENTS.—A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subchapter B of chapter 1.”.

SEC. 2411. Regional conservation partnership program.

(a) Establishment and purposes.—Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by inserting , including grant agreements under section 1271C(d), after partnership agreements; and

(B) in paragraph (2), by striking contracts with producers and inserting program contracts with eligible producers; and

(2) in subsection (b)—

(A) in paragraph (1), in the matter preceding subparagraph (A), by striking use covered programs and inserting carry out conservation activities;

(B) by striking paragraph (2) and inserting the following:

“(2) To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale.”;

(C) in paragraph (3)—

(i) in the matter preceding subparagraph (A), by inserting eligible before producers; and

(ii) in subparagraph (B), by striking installation and inserting adoption, installation,; and

(D) by adding at the end the following:

“(4) To encourage the flexible and streamlined delivery of conservation assistance to eligible producers through partnership agreements.

“(5) To encourage alignment of partnership projects with other Federal, State, and local agencies and programs addressing similar natural resource or environmental concerns in a coordinated manner.

“(6) To engage eligible producers in conservation projects to achieve greater conservation outcomes and benefits for eligible producers than would otherwise be achieved.

“(7) To advance conservation and rural community development goals simultaneously.”.

(b) Definitions.—Section 1271A of the Food Security Act of 1985 (16 U.S.C. 3871a) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by inserting a purpose, activity, or agreement under any of after means; and

(B) by adding at the end the following:

“(E) The conservation reserve program established under subchapter B of chapter 1 of subtitle D.

“(F) The program established by the Secretary to carry out the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 (16 U.S.C. 1012) of that Act.”;

(2) by striking paragraphs (2) and (3) and inserting the following:

“(2) ELIGIBLE ACTIVITY.—The term eligible activity means—

“(A) an eligible activity under the statutory authority for a covered program; and

“(B) any other related activity that an eligible partner determines will help address natural resource concerns, subject to the approval of the Secretary.

“(3) ELIGIBLE LAND.—The term eligible land means—

“(A) eligible land under the statutory authority for a covered program; and

“(B) any other agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help address natural resource concerns.”;

(3) in paragraph (4)—

(A) in subparagraph (E), by inserting acequia, after irrigation district,; and

(B) by adding at the end the following:

“(I) An organization described in clause (i), (ii), or (iii) of section 1265A(2)(B).

“(J) A conservation district.”;

(4) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;

(5) by inserting after paragraph (4) the following:

“(5) ELIGIBLE PRODUCER.—The term eligible producer means a person, legal entity, or Indian tribe that is an owner or operator on eligible land.”; and

(6) by adding at the end the following:

“(8) PROGRAM CONTRACT.—The term program contract means the contract established by the Secretary under section 1271C(b)(1).”.

(c) Regional conservation partnerships.—Section 1271B of the Food Security Act of 1985 (16 U.S.C. 3871b) is amended—

(1) in subsection (a), by inserting eligible before producers;

(2) by striking subsection (b) and inserting the following:

“(b) Maximum length.—

“(1) IN GENERAL.—Except as provided in paragraph (2), the term of a partnership agreement shall not be longer than 5 years.

“(2) EXCEPTIONS.—

“(A) CONCURRENT PROGRAM DEADLINE.—Subject to approval by the Secretary, the term of a partnership agreement may be longer than 5 years if the longer period is concurrent with a deadline established under a State or Federal program that relates specifically to the project.

“(B) SPECIAL CIRCUMSTANCES.—In the case of special circumstances outside the control of an eligible partner (as determined by the Secretary) that have created a delay in the implementation of a project of the eligible partner, the eligible partner may request an extension of the term of the partnership agreement.

“(3) PARTNERSHIP AGREEMENT RENEWALS.—If an eligible partner demonstrates to the satisfaction of the Secretary that the eligible partner has made progress in addressing 1 or more natural resource concerns defined in the partnership agreement, not earlier than 1 year before the date of expiration of the partnership agreement, the eligible partner may request from the Secretary a renewal of the partnership agreement, including a renewal of funding, through an expedited approval process—

“(A) to continue to implement the partnership agreement;

“(B) to expand the scope of the partnership agreement;

“(C) to enroll additional eligible producers; or

“(D) to carry out other conservation activities relating to the project, including the assessment of the project under subsection (c)(1)(E), as mutually agreed by the Secretary and the eligible partner.”;

(3) in subsection (c)—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and

(II) by striking clauses (i) and (ii) and inserting the following:

“(i) 1 or more natural resource concerns that the project shall address;

“(ii) the eligible activities on eligible land to be conducted under the project to address the natural resource concerns;

“(iii) the implementation timeline for carrying out the project, including any interim milestones;”;

(ii) in subparagraph (B), by inserting eligible before producers;

(iii) in subparagraph (C), by striking a producer each place it appears and inserting an eligible producer;

(iv) in subparagraph (D), by inserting or in-kind contributions after additional funds; and

(v) in subparagraph (E), by striking of the project’s effects; and and inserting the following: “of—

“(i) the progress made by the project in addressing each natural resource concern defined in the partnership agreement, including in a quantified form; and

“(ii) as appropriate, other environmental, economic, or social outcomes of the project; and”; and

(B) in paragraph (2)—

(i) by striking An eligible and inserting the following:

“(A) IN GENERAL.—An eligible”; and

(ii) by adding at the end the following:

“(B) FORM.—A contribution of an eligible partner under this paragraph may be in the form of—

“(i) direct funding;

“(ii) in-kind support; or

“(iii) a combination of direct funding and in-kind support.

“(C) TREATMENT.—Any amounts expended during the period beginning on the date on which the Secretary announces the approval of an application under subsection (e) and ending on the day before the effective date of the partnership agreement by an eligible partner for staff salaries or development of the partnership agreement shall be considered to be a part of the contribution of the eligible partner under this paragraph.”;

(4) by redesignating subsection (d) as subsection (e);

(5) by inserting after subsection (c) the following:

“(d) Duties of Secretary.—The Secretary shall—

“(1) establish a timeline for carrying out the duties of the Secretary under a partnership agreement, including—

“(A) entering into contracts with eligible producers;

“(B) providing financial assistance to eligible producers; and

“(C) in the case of a partnership agreement that is a grant agreement under section 1271C(d), providing the grant amounts to the eligible partner;

“(2) establish in each State a program coordinator for the State, who shall be responsible solely for providing assistance to eligible partners and eligible producers under the program;

“(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);

“(4) provide to each eligible partner that has entered into a partnership agreement—

“(A) a semiannual report describing the status of each pending and obligated contract under the project of the eligible partner; and

“(B) an annual report describing how the Secretary used amounts reserved by the Secretary for that year for technical assistance under section 1271D(f);

“(5) allow an eligible partner to use a new or modified conservation practice standard under a partnership agreement, if the Secretary ensures that the new or modified conservation practice standard—

“(A) is based on the best available science;

“(B) is implemented after consultation with the Secretary at the local level to assess the anticipated effectiveness of the new or modified conservation practice standard; and

“(C) effectively addresses natural resource concerns; and

“(6) ensure that any eligible activity effectively addresses natural resource concerns.”; and

(6) in subsection (e) (as redesignated by paragraph (4))—

(A) by striking paragraph (2) and inserting the following:

“(2) CRITERIA USED.—In carrying out the process described in paragraph (1), the Secretary shall—

“(A) make public the criteria used in evaluating applications; and

“(B) in the case of an application submitted by a lead eligible partner that identifies a local conservation district as another eligible partner for the project, evaluate the engagement of the lead eligible partner with the local conservation district to ensure local input.”;

(B) in paragraph (3)—

(i) by striking the paragraph designation and heading and all that follows through description of— and inserting the following:

“(3) CONTENTS.—The Secretary shall develop a simplified application process that requires each application submitted under this subsection to include a description of—”;

(ii) in subparagraph (C), by striking , including the covered programs to be used; and

(iii) in subparagraph (D), by inserting or in-kind after financial;

(C) in paragraph (4)—

(i) in the matter preceding subparagraph (A), by striking may and inserting shall;

(ii) in subparagraphs (A) and (B), by inserting eligible before producers each place it appears;

(iii) by striking subparagraph (D);

(iv) by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and

(v) by inserting after subparagraph (C) the following:

“(D) build new partnerships at the local, State, and corporate levels or include a diversity of stakeholders in the project;

“(E) deliver a high percentage of applied conservation—

“(i) to address the identified natural resource concerns; or

“(ii) in the case of a project in a critical conservation area under section 1271F, to address the critical conservation condition for that critical conservation area;

“(F) (i) develop and implement new watershed or habitat plans to address 1 or more natural resource concerns; or

“(ii) implement the project consistent with existing watershed restoration plans;”; and

(D) by adding at the end the following:

“(5) REVIEW.—To the extent practicable, after receipt of an application under this subsection, the Secretary shall provide to each applicant information and feedback (including written information and feedback, as the Secretary determines to be appropriate) throughout the annual program application process for any improvements that could be made to the application.”.

(d) Assistance to eligible producers.—Section 1271C of the Food Security Act of 1985 (16 U.S.C. 3871c) is amended—

(1) in the section heading, by inserting eligible before producers;

(2) by striking subsections (a) and (b) and inserting the following:

“(a) In general.—An eligible producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.

“(b) Program contracts.—

“(1) IN GENERAL.—The Secretary shall establish a program contract to be entered into with an eligible producer to conduct eligible activities on eligible land, subject to such terms and conditions as the Secretary may establish.

“(2) APPLICATION BUNDLES.—

“(A) IN GENERAL.—An eligible partner may submit to the Secretary, on behalf of eligible producers, a bundle of applications for assistance under the program through program contracts to address a substantial portion of a natural resource concern defined in the partnership agreement.

“(B) PRIORITY.—The Secretary shall give priority to applications described in subparagraph (A).”;

(3) in subsection (c)—

(A) in paragraph (1), by striking In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer and inserting Subject to section 1271D, the Secretary may make payments to an eligible producer;

(B) in paragraph (2), by inserting eligible before producers each place it appears; and

(C) in paragraph (3), by striking participating and inserting eligible; and

(4) by adding at the end the following:

“(d) Funding arrangements through grant agreements.—

“(1) IN GENERAL.—A partnership agreement may be a grant agreement entered into with an eligible partner in accordance with this subsection.

“(2) REQUIREMENTS.—Under a grant agreement under paragraph (1)—

“(A) using amounts made available to carry out this subtitle, the Secretary shall provide to the eligible partner a grant;

“(B) the eligible partner shall carry out eligible activities on eligible land (including by contracting with 1 or more producers, if the eligible partner determines the contracting to be appropriate), on the condition that the eligible activities directly or indirectly benefit agricultural producers (including forestry producers), to address natural resource concerns on a regional or watershed scale, such as—

“(i) infrastructure investments relating to agricultural or nonindustrial private forest production that would benefit multiple producers, such as a multiproducer irrigation water delivery system, including investments to address drought;

“(ii) projects addressing water quality or quantity concerns (including drought) in coordination with producers, including the development and implementation of watershed plans;

“(iii) projects that use innovative approaches to leveraging the Federal investment in conservation with private financial mechanisms, in conjunction with agricultural production or forest resource management, such as—

“(I) the provision of performance-based payments to eligible producers; and

“(II) support for an environmental market;

“(iv) projects that facilitate pilot testing of new conservation practices, technologies, or activities;

“(v) projects that promote the long-term viability and sustainability of agricultural land through innovative agricultural land and water protection strategies and mechanisms, including projects that support the transfer of land to beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers; and

“(vi) other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the grant agreement; and

“(C) the Secretary may provide technical and administrative assistance, as mutually agreed by the parties.

“(3) NONAPPLICABILITY OF ADJUSTED GROSS INCOME LIMITATION.—The adjusted gross income limitation described in section 1001D(b)(1) shall not apply to the receipt by an eligible partner of a grant under this subsection.

“(4) LIMITATION.—The Secretary may not use more than 30 percent of funding made available to carry out the program for grant agreements.

“(5) REPORTS.—An eligible partner that enters into a grant agreement under this subsection shall submit to the Secretary—

“(A) any information that the Secretary requires to prepare the report under section 1271E(b); and

“(B) an annual report that describes the status of the project carried out by the eligible partner, including a description of—

“(i) the use of the grant funds;

“(ii) any subcontracts awarded using grant funds;

“(iii) the eligible producers receiving funding using the grant funds;

“(iv) (I) the progress made by the project in addressing each natural resource concern defined in the grant agreement, including in a quantified form; and

“(II) as appropriate, other environmental, economic, or social outcomes of the project; and

“(v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.”.

(e) Funding.—Section 1271D of the Food Security Act of 1985 (16 U.S.C. 3871d) is amended—

(1) in subsection (a)—

(A) by striking $100,000,000 and inserting $200,000,000; and

(B) by striking 2014 through 2018 and inserting 2019 through 2023;

(2) in subsection (c), by striking paragraphs (1) and (2) and inserting the following:

“(1) IN GENERAL.—To ensure that additional resources are available to carry out the program, in addition to the funds made available under subsection (a), for each fiscal year the Secretary shall transfer 7 percent of the funds and acres made available for the following programs:

“(A) The conservation stewardship program established under subchapter B of chapter 2 of subtitle D.

“(B) The environmental quality incentives program established under chapter 4 of subtitle D.

“(C) The agricultural conservation easement program established under subtitle H.

“(2) DURATION OF AVAILABILITY.—Any funds or acres transferred under paragraph (1) shall remain available for obligation only for the purposes of carrying out the program until expended.

“(3) DISTRIBUTION OF FUNDS.—To the maximum extent practicable, of projects receiving funds or acres transferred under paragraph (1) from a program described in subparagraph (A), (B), or (C) of that paragraph, the percentage of projects that shall have purposes similar to the purposes of the applicable program from which funds or acres were transferred shall be approximately equal to the percentage of funds or acres transferred from the applicable program.”;

(3) in subsection (d)—

(A) in paragraph (1), by striking 25 percent of the funds and acres to projects based on a State competitive process administered by the State Conservationist, with the advice of the State technical committee and inserting the following: 40 percent of the funds and acres to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees;

(B) by striking paragraph (2);

(C) by redesignating paragraph (3) as paragraph (2); and

(D) in paragraph (2) (as so redesignated), by striking 35 percent and inserting 60 percent;

(4) in subsection (e)—

(A) by striking None of the funds and inserting the following:

“(1) IN GENERAL.—Except as provided in paragraph (2), none of the funds”; and

(B) by adding at the end the following:

“(2) PROJECT DEVELOPMENT AND OUTREACH.—Under a partnership agreement, the Secretary may advance reasonable amounts of funding for technical assistance to eligible partners to conduct project development and outreach activities in a project area, including—

“(A) providing outreach and education to eligible producers for potential participation in the project;

“(B) developing a watershed or habitat plan;

“(C) establishing baseline metrics to support the development of the assessment required under section 1271B(c)(1)(E); or

“(D) providing technical assistance to eligible producers.

“(3) REIMBURSEMENT.—The Secretary may reimburse reasonable amounts of funding for activities conducted during the period beginning on the date on which the Secretary announces the approval of an application under section 1271B(e) and ending on the day before the effective date of the partnership agreement.”; and

(5) by adding at the end the following:

“(f) Technical assistance.—

“(1) IN GENERAL.—At the time of project selection, the Secretary shall identify and make publically available the amount that the Secretary shall use to provide technical assistance under the terms of the partnership agreement.

“(2) LIMITATION.—The Secretary shall limit costs of the Secretary for technical assistance to costs specific and necessary to carry out the objectives of the program.

“(3) THIRD-PARTY PROVIDERS.—The Secretary shall develop and implement strategies to encourage third-party technical service providers to provide technical assistance to eligible partners pursuant to a partnership agreement.”.

(f) Administration.—Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking December 31, 2014 and inserting December 31, 2018;

(B) in paragraphs (1) and (2), by inserting eligible before producers each place it appears;

(C) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and

(D) by inserting before paragraph (2) (as so redesignated) the following:

“(1) a summary of—

“(A) the progress made towards addressing the 1 or more natural resource concerns defined for the projects; and

“(B) any other related environmental, social, or economic outcomes of the projects;”; and

(2) by adding at the end the following:

“(c) Compliance with certain requirements.—The Secretary may not provide assistance under the program to an eligible producer unless the eligible producer agrees, during the program year for which the assistance is provided—

“(1) to comply with applicable conservation requirements under subtitle B; and

“(2) to comply with applicable wetland protection requirements under subtitle C.

“(d) Historically underserved producers.—To the maximum extent practicable, in carrying out the program, the Secretary shall work with eligible partners to maintain eligible benefits available through the covered programs for beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers.

“(e) Regulations.—The Secretary shall issue regulations to carry out the program.”.

(g) Critical conservation areas.—Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is amended—

(1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (e), respectively;

(2) by inserting before subsection (b) (as so redesignated) the following:

“(a) Definitions.—In this section:

“(1) CRITICAL CONSERVATION AREA.—The term critical conservation area means a geographical area that contains a critical conservation condition that can be addressed through the program.

“(2) CRITICAL CONSERVATION CONDITION.—The term critical conservation condition means—

“(A) a condition of land that would benefit from water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; and

“(B) a condition of land that would benefit from water quantity improvement, including improvement relating to—

“(i) drought;

“(ii) groundwater, surface water, aquifer, or other water sources; or

“(iii) water retention and flood prevention.”;

(3) in subsection (b) (as so redesignated)—

(A) by striking producer and inserting program; and

(B) by inserting that address each critical conservation condition for which the critical conservation area is designated before the period at the end;

(4) in subsection (c) (as so redesignated)—

(A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively;

(B) by inserting before paragraph (2) (as so redesignated) the following:

“(1) IN GENERAL.—The Secretary shall identify 1 or more critical conservation conditions that apply to each critical conservation area designated under this section after the date of enactment of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 649), including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the critical conservation conditions.”;

(C) in paragraph (2) (as so redesignated)—

(i) by striking subparagraphs (C) and (D) and inserting the following:

“(C) contains a critical conservation condition; or”;

(ii) by redesignating subparagraph (E) as subparagraph (D); and

(iii) in subparagraph (D) (as so redesignated), by inserting eligible before producers; and

(D) by striking paragraph (3) (as so redesignated) and inserting the following:

“(3) REVIEW AND WITHDRAWAL.—The Secretary may—

“(A) review designations of critical conservation areas under this section not more frequently than once every 5 years; and

“(B) withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area.”;

(5) by inserting after subsection (c) (as so redesignated) the following:

“(d) Outreach to eligible partners and eligible producers.—The Secretary shall provide outreach and education to eligible partners and eligible producers in critical conservation areas designated under this section to encourage the development of projects to address each critical conservation condition identified by the Secretary for that critical conservation area.”;

(6) in subsection (e) (as so redesignated)—

(A) in paragraph (1), by striking producer and inserting program; and

(B) by striking paragraph (3); and

(7) by adding at the end the following:

“(f) Reports.—Not later than December 31, 2018, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the status of each critical conservation condition for each critical conservation area designated under this section, including—

“(1) the conditions for which each critical conservation area is designated;

“(2) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the critical conservation conditions;

“(3) the partnership agreements selected to address each conservation goal and outcome; and

“(4) the extent to which each conservation goal and outcome is being addressed by the partnership agreements.”.

(h) Conforming amendments.—

(1) Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) (as amended by subsection (f)) is amended—

(A) in subsection (a), by striking 1271B(d) each place it appears and inserting 1271B(e); and

(B) in subsection (b)(5), in the matter preceding subparagraph (A), by striking 1271C(b)(2) and inserting 1271C(d).

(2) Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is amended in subsection (b) (as redesignated by subsection (g)(1)) by striking 1271D(d)(3) and inserting 1271D(d)(2).

SEC. 2412. Wetland conversion.

Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 3821(d)) is amended—

(1) by striking Except as and inserting the following:

“(1) IN GENERAL.—Except as”; and

(2) by adding at the end the following:

“(2) DUTY OF THE SECRETARY.—No person shall become ineligible under paragraph (1) if the Secretary determines that an exemption under section 1222(b) applies to that person.”.

SEC. 2413. Delineation of wetlands.

(a) Identification of minimal effect exemptions.—Section 1222(d) of the Food Security Act of 1985 (16 U.S.C. 3822(d)) is amended—

(1) in the first sentence, by striking For purposes and inserting the following:

“(1) IN GENERAL.—For purposes”; and

(2) in paragraph (1) (as so designated)—

(A) in the first sentence, by inserting not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, in accordance with paragraph (2), before the Secretary; and

(B) in the second sentence, by striking The Secretary and inserting the following:

“(2) REQUIREMENTS.—The Secretary shall carry out paragraph (1)—

“(A) in compliance with applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(B) in accordance with subsections (d) and (e) of section 12.31 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Agriculture Improvement Act of 2018); and

“(C) in consultation with—

“(i) State technical committees established under section 1261(a);

“(ii) State wildlife and water resource agencies;

“(iii) the Director of the United States Fish and Wildlife Service;

“(iv) State Committees of the Farm Service Agency; and

“(v) agricultural commodity organizations.

“(3) TRAINING OF EMPLOYEES.—The Secretary”.

(b) Mitigation banking.—Section 1222(k)(1) of the Food Security Act of 1985 (16 U.S.C. 3822(k)(1)) is amended by striking subparagraph (B) and inserting the following:

“(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023.”.

SEC. 2414. Emergency conservation program.

(a) Watershed protection program.—Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended—

(1) in the section heading, by striking measures and inserting watershed protection program; and

(2) in subsection (a), by inserting watershed protection after emergency.

(b) Payment limitations.—Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 403 (16 U.S.C. 2203) the following:

SEC. 403A. Payment limitation.

The maximum payment made under the emergency conservation program to an agricultural producer under this title may not exceed $500,000.”.

(c) Funding and administration.—Section 404 of the Agricultural Credit Act of 1978 (16 U.S.C. 2204) is amended—

(1) in the fourth sentence, by striking The Corporation and inserting the following:

“(d) Limitation.—The Commodity Credit Corporation”;

(2) in the third sentence, by striking In implementing the provisions of and inserting the following:

“(c) Use of Commodity Credit Corporation.—In implementing”;

(3) by striking the second sentence;

(4) by striking the section designation and all that follows through There are authorized in the first sentence and inserting the following:

SEC. 404. Funding and administration.

“(a) Authorization of appropriations.—There are authorized”;

(5) in subsection (a) (as so designated), by inserting , to remain available until expended before the period at the end; and

(6) by inserting after subsection (a) (as so designated) the following:

“(b) Set-aside for fencing.—Of the amounts made available under subsection (a) for a fiscal year, 25 percent shall be set aside until April 1 of that fiscal year for the repair or replacement of fencing.”.

SEC. 2415. Watershed protection and flood prevention.

Section 10 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1007) is amended by striking the section designation and all that follows through No appropriation in the second sentence and inserting the following:

SEC. 10. Funding.

“(a) Authorization of appropriations.—There is authorized to be appropriated to carry out this Act $200,000,000 for each of fiscal years 2019 through 2023.

“(b) Limitations.—No appropriation”.

SEC. 2416. Small watershed rehabilitation program.

Section 14(h)(2) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)) is amended—

(1) in subparagraph (D), by striking and at the end;

(2) in subparagraph (E), by striking the period at the end and inserting ; and; and

(3) by adding at the end the following:

    “(F) $20,000,000 for each of fiscal years 2019 through 2023.”.

SEC. 2417. Repeal of Conservation Corridor Demonstration Program.

(a) In general.—Subtitle G of title II of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801 note; Public Law 107–171) is repealed.

(b) Conforming amendment.—Section 5059 of the Water Resources Development Act of 2007 (16 U.S.C. 3801 note; Public Law 110–114) is repealed.

SEC. 2418. Repeal of cranberry acreage reserve program.

Section 10608 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801 note; Public Law 107–171) is repealed.

SEC. 2419. Repeal of National Natural Resources Foundation.

Subtitle F of title III of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 5801 et seq.) is repealed.

SEC. 2420. Repeal of flood risk reduction.

Section 385 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7334) is repealed.

SEC. 2421. Repeal of study of land use for expiring contracts and extension of authority.

Section 1437 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624) is repealed.

SEC. 2422. Repeal of Integrated Farm Management Program Option.

Section 1451 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is repealed.

SEC. 2423. Repeal of clarification of definition of agricultural lands.

Section 325 of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104–127; 110 Stat. 992) is repealed.

SEC. 2424. Resource conservation and development program.

Section 1537 of the Agriculture and Food Act of 1981 (16 U.S.C. 3460) is amended to read as follows:

SEC. 1537. Termination of effectiveness.

The authority provided by this subtitle terminates effective October 1, 2023.”.

SEC. 2425. Wildlife management.

(a) In general.—The Secretary and the Secretary of the Interior shall continue to carry out the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before the date of enactment of this Act, in accordance with—

(1) the document entitled Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service, numbered A–3A7516–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and

(2) United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect on August 9, 2016.

(b) Expansion of model.—The Secretary and the Secretary of the Interior may expand the conservation model described in subsection (a) through a new partnership agreement between the Farm Service Agency and the United States Fish and Wildlife Service for the purpose of carrying out conservation activities for species conservation.

(c) Extension of period of regulatory predictability.—

(1) DEFINITION OF PERIOD OF REGULATORY PREDICTABILITY.—In this subsection, the term period of regulatory predictability means the period of regulatory predictability under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) initially determined in accordance with the document and order described in paragraphs (1) and (2), respectively, of subsection (a).

(2) EXTENSION.—After the period of regulatory predictability, on request of the Secretary, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may provide additional consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), or additional conference under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable, with the Chief of the Natural Resources Conservation Service or the Administrator of the Farm Service Agency, as applicable, to extend the period of regulatory predictability.

(d) Regulatory certainty.—Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following:

“(n) Regulatory certainty.—

“(1) IN GENERAL.—In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an Indian tribe, or a unit of local government, the Secretary may provide technical and programmatic information—

“(A) subject to paragraph (2), to the Federal agency, State, Indian tribe, or unit of local government to support specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement—

“(i) that relates to soil, water, or wildlife; and

“(ii) over which that Federal agency, State, Indian tribe, or unit of local government has authority; and

“(B) relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable.

“(2) MECHANISMS.—The Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal agency, State, Indian tribe, or unit of local government, as applicable, under paragraph (1)(A) are anticipated to include, at a minimum—

“(A) the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1);

“(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented;

“(C) a plan for a periodic audit, as appropriate, of the continued implementation or maintenance of each of the conservation practices or activities identified under subparagraph (A); and

“(D) notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurance.

“(3) CONTINUING CURRENT COLLABORATION ON SOIL, WATER, OR WILDLIFE CONSERVATION PRACTICES.—The Secretary shall—

“(A) continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and

“(B) continue collaboration with the Secretary of the Interior on consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or conference under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable, for wildlife conservation efforts, including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before the date of enactment of the Agriculture Improvement Act of 2018, in accordance with—

“(i) the document entitled Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service, numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and

“(ii) United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect on August 9, 2016.

“(4) SAVINGS CLAUSE.—Nothing in this subsection—

“(A) preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government;

“(B) modifies or otherwise affects, preempts, or displaces—

“(i) any cause of action; or

“(ii) a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or

“(C) applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.”.

SEC. 2426. Healthy forests reserve program.

(a) Purposes.—Section 501(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is amended—

(1) in paragraph (2), by striking and at the end;

(2) in paragraph (3), by striking the period at the end and inserting ; and; and

(3) by adding at the end the following:

“(4) to conserve forest land that provides habitat for species described in section 502(b)(2).”.

(b) Eligibility.—Section 502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking private land and all that follows through which will and inserting private land, including private forest land or land being restored to forest, the enrollment of which will maintain,; and

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by striking private land and all that follows through which will and inserting private land, including private forest land or land being restored to forest, the enrollment of which will maintain,;

(ii) by striking subparagraph (B) and inserting the following:

“(B) (i) are candidates for such listing, State-listed species, or special concern species; or

“(ii) are deemed a species of greatest conservation need under a State wildlife action plan.”;

(2) in subsection (c)—

(A) in paragraph (1), by striking and at the end;

(B) in paragraph (2), by striking the period at the end and inserting ; and; and

(C) by adding at the end the following:

“(3) conserve forest land that provides habitat for species described in section 502(b)(2).”;

(3) in subsection (e)—

(A) by striking paragraph (2);

(B) by redesignating paragraph (3) as paragraph (2); and

(C) in paragraph (2)(B) (as redesignated by subparagraph (A))—

(i) in clause (ii), by striking or at the end; and

(ii) by striking clause (iii) and inserting the following:

“(iii) a permanent easement; or

“(iv) any combination of the options described in clauses (i), (ii), and (iii).”; and

(4) in subsection (f)(1)(B), by striking clause (ii) and inserting the following:

“(ii) (I) are candidates for such listing, State-listed species, or special concern species; or

“(II) are deemed a species of greatest conservation need under a State wildlife action plan.”.

(c) Restoration plans.—Section 503(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573(b)) is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(2) by striking the subsection designation and all that follows through restoration practices and inserting the following:

“(b) Practices and measures.—

“(1) DEFINITION OF PRACTICES AND MEASURES.—In this subsection, the term practices and measures includes land management practices, vegetative treatments, structural practices and measures, practices to improve biological diversity, practices to increase carbon sequestration, and other appropriate activities, as determined by the Secretary.

“(2) RESTORATION PLANS.—The restoration plan may require such restoration practices and measures”;

(3) in subparagraph (A) (as redesignated by paragraph (1)), by striking and at the end; and

(4) in subparagraph (B) (as redesignated by paragraph (1)), by striking the period at the end and inserting , or a species deemed a species of greatest conservation need under a State wildlife action plan..

SEC. 2427. Watershed protection.

(a) Watershed areas.—Section 2 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1002) is amended in the undesignated matter following paragraph (3) by inserting (except in cases in which the Secretary determines that the undertaking is necessary in a larger watershed or subwatershed in order to address regional drought concerns) after fifty thousand acres.

(b) Authority of the Secretary.—Section 3 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003) is amended—

(1) by striking the section designation and all that follows through In order to assist and inserting the following:

SEC. 3. Assistance to local organizations.

“(a) In general.—In order to assist”; and

(2) by adding at the end the following:

“(b) Waiver.—The Secretary may waive the watershed plan for works of improvement if the Secretary determines the watershed plan is unnecessary or duplicative.”.

SEC. 2428. Sense of Congress relating to increased watershed-based collaboration.

It is the sense of Congress that the Federal Government should recognize and encourage partnerships at the watershed level between nonpoint sources and regulated point sources to advance the goals of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and provide benefits to farmers, landowners, and the public.

SEC. 2429. Modifications to conservation easement program.

Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) is amended by inserting after subtitle E the following:

“subtitle FOther Conservation Provisions

SEC. 1251. Modifications to conservation easement program.

“(a) Definition of covered program.—In this section, the term covered program means wetland reserve easements under section 1265C.

“(b) Modifications.—Notwithstanding any other provision of law applicable to the covered program, subject to subsection (c), if requested by the landowner, the Secretary shall—

“(1) allow land enrolled in the covered program to be—

“(A) modified for water management, general maintenance, vegetative cover control, wildlife habitat management, or any other purpose, subject to the condition that the modification shall be approved jointly by—

“(i) the State department of natural resources (or equivalent State agency); and

“(ii) the technical committee established under section 1261(a) of the State; or

“(B) exchanged for land that has equal or greater conservation, wildlife, ecological, and economic values, as determined by the Secretary; and

“(2) provide for the modification of an easement under the covered program if the Secretary determines that the modification—

“(A) would facilitate the practical administration and management of the land covered by the easement; and

“(B) would not adversely affect the functions and values for which the easement was established.

“(c) Requirements.—

“(1) NO EFFECT ON ENROLLED ACREAGE, ECOLOGICAL FUNCTIONS AND VALUES.—A modification or exchange under subsection (b) shall not—

“(A) result in a net loss of acreage enrolled in the covered program; or

“(B) adversely affect any ecological or conservation function or value for which the applicable easement was established.

“(2) EXCHANGED ACRES.—Any land for which an exchange is made under subsection (b) shall satisfy all requirements for enrollment in the covered program.

“(3) RESTRICTION ON PAYMENTS.—In modifying any easement under the covered program, the Secretary shall not increase any payment to any party to the easement.

“(d) Costs.—A party to an easement under the covered program that requests a modification or exchange under subsection (b) shall be responsible for all costs of the modification or exchange, including—

“(1) an appraisal to determine whether the economic value of the land for which an exchange is made under subsection (b) is equal to or greater than the value of the land removed from the covered program;

“(2) the repayment of the costs paid by the Secretary for any restoration of land removed from the covered program;

“(3) if applicable, a survey of property boundaries, including review and approval by the applicable agency;

“(4) preparation and recording in accordance with standard real estate practices of any exchange, including requirements for title approval by the Secretary, subordination of liens, and amended warranty easement deed recording; and

“(5) any applicable recording and legal fees.”.

subtitle EFunding and Administration

SEC. 2501. Funding.

(a) In general.—Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended—

(1) in the matter preceding paragraph (1), by striking 2018 (and fiscal year 2019 in the case of the program specified in paragraph (5)) and inserting 2023;

(2) in paragraph (1)—

(A) in subparagraph (A), by striking $10,000,000 for the period of fiscal years 2014 through 2018 and inserting $11,000,000 for the period of fiscal years 2019 through 2023; and

(B) in subparagraph (B)—

(i) by striking $33,000,000 for the period of fiscal years 2014 through 2018 and inserting $50,000,000 for the period of fiscal years 2019 through 2023, including not more than $5,000,000 to provide outreach and technical assistance,; and

(ii) by striking retired or retiring owners and operators and inserting contract holders;

(3) in paragraph (2), by striking subparagraphs (A) through (E) and inserting the following:

“(A) $400,000,000 for each of fiscal years 2019 through 2021;

“(B) $425,000,000 for fiscal year 2022; and

“(C) $450,000,000 for fiscal year 2023.”; and

(4) in paragraph (5), by striking subparagraphs (A) through (E) and inserting the following:

“(A) $1,473,000,000 for fiscal year 2019;

“(B) $1,478,000,000 for fiscal year 2020;

“(C) $1,541,000,000 for fiscal year 2021;

“(D) $1,571,000,000 for fiscal year 2022; and

“(E) $1,595,000,000 for fiscal year 2023.”.

(b) Availability of funds.—Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking 2018 (and fiscal year 2019 in the case of the program specified in subsection (a)(5)) and inserting 2023.

(c) Allocations review and update.—Section 1241(g) of the Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended by striking Review and Update in the subsection heading and all that follows through The Secretary in paragraph (2) and inserting Update.—The Secretary.

(d) Assistance to certain farmers or ranchers for conservation access.—Section 1241(h)(1) of the Food Security Act of 1985 (16 U.S.C. 3841(h)(1)) is amended—

(1) in the matter preceding subparagraph (A), by striking 2018 and inserting 2023; and

(2) by striking 5 percent each place it appears and inserting 15 percent.

(e) Conservation standards and requirements.—Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended by adding at the end the following:

“(j) Conservation standards and requirements.—

“(1) IN GENERAL.—Subject to the requirements of this title, the Natural Resources Conservation Service shall serve as the lead agency in developing and establishing technical standards and requirements for conservation programs carried out under this title, including—

“(A) standards for conservation practices under this title;

“(B) technical guidelines for implementing conservation practices under this title, including the location of the conservation practices;

“(C) standards for conservation plans; and

“(D) payment rates for conservation practices and activities under programs carried out under this title.

“(2) CONSISTENCY OF FARM SERVICE AGENCY STANDARDS.—The Administrator of the Farm Service Agency shall ensure that the standards and requirements of programs administered by the Farm Service Agency incorporate and are consistent with the standards and requirements established by the Natural Resources Conservation Service under paragraph (1).

“(3) LOCAL FLEXIBILITY.—The Secretary shall establish a procedure to allow, on request of a State committee of the Farm Service Agency or a State technical committee established under section 1261(a) to modify any standard or requirement established under paragraph (1), that modification if the modification—

“(A) addresses a specific and local natural resource concern;

“(B) is based on science; and

“(C) maintains the conservation benefits of the standards and requirements established under paragraph (1).”.

SEC. 2502. Delivery of technical assistance.

Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended—

(1) in subsection (a)—

(A) by striking the subsection designation and heading and all that follows through the term and inserting the following:

“(a) Definitions.—In this section:

“(1) ELIGIBLE PARTICIPANT.—The term”; and

(B) by adding at the end the following:

“(2) THIRD-PARTY PROVIDER.—The term third-party provider means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity, as determined by the Secretary), a nonprofit entity, a State, a unit of local government (including a conservation district), or a Federal agency, that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed planning, or environmental engineering.”;

(2) in subsection (e), by adding at the end the following:

“(4) CERTIFICATION PROCESS.—The Secretary shall certify a third-party provider through—

“(A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; or

“(B) a non-Federal entity approved by the Secretary to perform the certification.

“(5) STREAMLINED CERTIFICATION.—The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a sustainability specialty certification and a 4R nutrient management specialty certification from the American Society of Agronomy.”; and

(3) in subsection (h)—

(A) by striking paragraph (3) and inserting the following:

“(3) EXPEDITED REVISION OF STANDARDS.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall develop an administrative process for—

“(A) expediting the establishment and revision of conservation practice standards; and

“(B) considering conservation innovations with respect to any establishment or revision under subparagraph (A).

“(4) REPORT.—Not later than 2 years after the date of enactment of the Agriculture Improvement Act of 2018, and every 2 years thereafter, the Secretary shall submit to Congress a report on—

“(A) the administrative process developed under paragraph (3);

“(B) conservation practice standards that were established or revised under that process; and

“(C) conservation innovations that were considered under that process.”.

SEC. 2503. Administrative requirements for conservation programs.

(a) Incentives for acequias.—Section 1244(a) of the Food Security Act of 1985 (16 U.S.C. 3844(a)) is amended—

(1) in the subsection heading, by striking ranchers and Indian tribes and inserting ranchers, Indian tribes, and acequias; and

(2) in paragraph (2), by adding at the end the following:

“(F) Acequias.”.

(b) Acreage limitations.—Section 1244(f) of the Food Security Act of 1985 (16 U.S.C. 3844(f)) is amended—

(1) in paragraph (1)(B), by striking 10 and inserting 15; and

(2) in paragraph (5), by striking the Agricultural Act of 2014 and inserting the Agriculture Improvement Act of 2018.

(c) Funding for Indian Tribes.—Section 1244(l) of the Food Security Act of 1985 (16 U.S.C. 3844(l)) is amended by striking may and inserting shall.

(d) Exemption from certain reporting requirements.—Section 1244(m) of the Food Security Act of 1985 (16 U.S.C. 3844(m)) is amended—

(1) in paragraph (1), by inserting or commodity after conservation; and

(2) in paragraph (2), by inserting or the Farm Service Agency before the period at the end.

(e) Source water protection.—Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by section 2425(d)) is amended by adding at the end the following:

“(o) Source water protection.—

“(1) IN GENERAL.—In carrying out the conservation stewardship program under subchapter B of chapter 2 of subtitle D and the environmental quality incentives program under chapter 4 of subtitle D, the Secretary shall encourage water quality and water quantity practices that—

“(A) protect sources of potable water, including protecting against public health threats; and

“(B) mutually benefit agricultural producers.

“(2) COLLABORATION AND PAYMENTS.—In encouraging practices under paragraph (1), the Secretary shall—

“(A) work collaboratively with drinking water utilities, community water systems, and State technical committees established under section 1261 to identify local priority areas for the protection of source waters for drinking water; and

“(B) subject to limitations under the programs described in paragraph (1), provide payment rates to producers for water quality practices or enhancements that primarily result in off-farm benefit at a rate sufficient to encourage greater adoption of those practices or enhancements by producers.”.

(f) Payments made to acequias.—Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (e)) is amended by adding at the end the following:

“(p) Payments made to acequias.—

“(1) WAIVER AUTHORITY.—The Secretary may waive the applicability of the limitations in section 1001D(b) or section 1240G for a payment made under a contract under this title entered into with an acequia if the Secretary determines that the waiver is necessary to fulfill the objectives of the project under the contract.

“(2) CONTRACT LIMITATIONS.—If the Secretary grants a waiver under paragraph (1), the Secretary shall impose a separate payment limitation, as determined by the Secretary, for the contract to which the waiver applies.”.

SEC. 2504. Definition of acequia.

(a) In general.—Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended—

(1) by redesignating paragraphs (1) through (27) as paragraphs (2) through (28), respectively;

(2) by inserting before paragraph (2) (as so redesignated) the following:

“(1) ACEQUIA.—The term acequia means an entity that—

“(A) is a political subdivision of a State;

“(B) is organized for the purpose of managing the operation of an irrigation ditch; and

“(C) does not have the authority to impose taxes or levies.”; and

(3) in paragraph (19)(B) (as so redesignated), by inserting acequia, before or other.

(b) Conforming amendments.—Section 363 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006e) is amended—

(1) by striking section 1201(a)(16) and inserting section 1201(a); and

(2) by striking (16 U.S.C. 3801(a)(16)) and inserting (16 U.S.C. 3801(a)).

SEC. 2505. Authorization of appropriations for water bank program.

Section 11 of the Water Bank Act (16 U.S.C. 1310) is amended—

(1) in the first sentence, by striking without fiscal year and all that follows through necessary and inserting $5,000,000 for each of fiscal years 2019 through 2023, to remain available until expended,; and

(2) by striking the second sentence.

SEC. 2506. Report on land access, tenure, and transition.

Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Chief Economist, shall submit to Congress and make publicly available a report identifying—

(1) the barriers that prevent or hinder the ability of beginning farmers and ranchers and historically underserved producers to acquire or access farmland;

(2) the extent to which Federal programs, including agricultural conservation easement programs, land transition programs, and financing programs, are improving—

(A) farmland access and tenure for beginning farmers and ranchers and historically underserved producers; and

(B) farmland transition and succession; and

(3) the regulatory, operational, or statutory changes that are necessary to improve—

(A) the ability of beginning farmers and ranchers and historically underserved producers to acquire or access farmland;

(B) farmland tenure for beginning farmers and ranchers and historically underserved producers; and

(C) farmland transition and succession.

SEC. 2507. Report on small wetlands.

(a) In general.—The Chief of the Natural Resources Conservation Service shall submit to Congress a report describing the number of wetlands with an area not more than 1 acre that have been delineated in each of the States of North Dakota, South Dakota, Minnesota, and Iowa.

(b) Requirement.—In the report under subsection (a), the Chief of the Natural Resources Conservation Service shall list the number of wetlands acres in each State described in the report by tenths of an acre, and ensure the report is based on based available science.

SEC. 2508. State technical committees.

Section 1262(c) of the Food Security Act of 1985 (16 U.S.C. 3862(c)) is amended by adding at the end the following:

“(3) RECOMMENDATIONS TO SECRETARY.—Each State technical committee shall regularly review new and innovative technologies and practices, including processes to conserve water and improve water quality and quantity, and make recommendations to the Secretary for further consideration of and possible development of conservation practice standards that incorporate those technologies and practices.”.

subtitle FTechnical Corrections

SEC. 2601. Farmable wetland program.

Section 1231B(b)(2)(A)(i) of the Food Security Act of 1985 (16 U.S.C. 3831b(b)(2)(A)(i)) is amended by adding a semicolon at the end.

SEC. 2602. Report on program enrollments and assistance.

Section 1241(i) of the Food Security Act of 1985 (16 U.S.C. 3841(i)) is amended—

(1) by striking paragraphs (2) and (4); and

(2) by redesignating paragraphs (3), (5), and (6) as paragraphs (2), (3), and (4), respectively.

SEC. 2603. Delivery of technical assistance.

Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended in subsections (e)(3)(B) and (f)(4) by striking third party each place it appears and inserting third-party.

SEC. 2604. State technical committees.

Section 1261(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3861(b)(2)) is amended by striking under section 1262(b).

TITLE IIITrade

subtitle AFood for Peace Act

SEC. 3101. Food aid quality.

Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3)) is amended by striking 2014 through 2018 and inserting 2019 through 2023.

SEC. 3102. Generation and use of currencies by private voluntary organizations and cooperatives.

Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended by striking subsection (b) and inserting the following:

“(b) Local Sales.—In carrying out agreements of the type referred to in subsection (a), the Administrator may permit private voluntary organizations and cooperatives to sell, in 1 or more recipient countries, or in 1 or more countries in the same region, commodities distributed under nonemergency programs under this title for each fiscal year to generate proceeds to be used as provided in this section.”.

SEC. 3103. Minimum levels of assistance.

Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is amended in paragraphs (1) and (2) by striking 2018 each place it appears and inserting 2023.

SEC. 3104. Food Aid Consultative Group.

Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended—

(1) in subsection (d)(1), in the first sentence, by striking 45 and inserting 30; and

(2) in subsection (f), by striking 2018 and inserting 2023.

SEC. 3105. Oversight, monitoring, and evaluation.

Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) is amended—

(1) in subparagraph (A)—

(A) by striking $17,000,000 and inserting 1.5 percent, but not less than $17,000,000,; and

(B) by striking 2018 each place it appears and inserting 2023; and

(2) in subparagraph (B)(i), by striking 2018 and inserting 2023.

SEC. 3106. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.

Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is amended by striking 2018 and inserting 2023.

SEC. 3107. Allowance of distribution costs.

Section 406(b)(6) of the Food for Peace Act (7 U.S.C. 1736(b)(6)) is amended by striking distribution costs and inserting distribution costs, including the types of activities for which costs were paid under this subsection prior to fiscal year 2017.

SEC. 3108. Prepositioning of agricultural commodities.

Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C. 1736a(c)(4)(A)) is amended by striking 2018 each place it appears and inserting 2023.

SEC. 3109. Annual report regarding food aid programs and activities.

Section 407(f)(1)(A) of the Food for Peace Act (7 U.S.C. 1736a(f)(1)(A)) is amended—

(1) by inserting or each separately after jointly; and

(2) by inserting by the Administrator, the Secretary, or both, as applicable, after Act.

SEC. 3110. Deadline for agreements to finance sales or to provide other assistance.

Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by striking 2018 and inserting 2023.

SEC. 3111. Nonemergency food assistance.

Section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) is amended—

(1) in the subsection heading, by striking Minimum level of;

(2) in paragraph (1), by striking 2018 and inserting 2023;

(3) in paragraph (2), by striking $350,000,000 and inserting $365,000,000; and

(4) by adding at the end the following:

“(3) FARMER-TO-FARMER PROGRAM.—In determining the amount expended for a fiscal year for nonemergency food assistance programs under paragraphs (1) and (2), amounts expended for that year to carry out programs under section 501 may be considered amounts expended for those nonemergency food assistance programs.

“(4) COMMUNITY DEVELOPMENT FUNDS.—In determining the amount expended for a fiscal year for nonemergency food assistance programs under paragraphs (1) and (2), amounts expended for that year from funds appropriated to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may be considered amounts expended for those nonemergency food assistance programs if the funds are made available through grants or cooperative agreements that—

“(A) strengthen food security in developing countries; and

“(B) are consistent with the goals of title II.”.

SEC. 3112. Micronutrient fortification programs.

Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking 2018 and inserting 2023.

SEC. 3113. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.

Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by inserting section 1342 of title 31, United States Code, or after Notwithstanding; and

(B) in paragraph (2), in the matter preceding subparagraph (A), by inserting employees or staff of a State cooperative institution (as defined in subparagraphs (A) through (D) of section 1404(18) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(18)), after private corporations,;

(2) in subsection (d), in the matter preceding paragraph (1), by striking 2018 and inserting 2023; and

(3) in subsection (e)(1), in the matter preceding subparagraph (A), by striking 2018 and inserting 2023.

subtitle BAgricultural Trade Act of 1978

SEC. 3201. Priority trade promotion, development, and assistance.

(a) In general.—Title II of the Agricultural Trade Act of 1978 (7 U.S.C. 5621 et seq.) is amended by adding at the end the following:

“subtitle CPriority Trade Promotion, Development, and Assistance

SEC. 221. Establishment.

The Secretary shall carry out activities under this subtitle—

“(1) to access, develop, maintain, and expand markets for United States agricultural commodities; and

“(2) to promote cooperation and the exchange of information.

SEC. 222. Market access program.

“(a) In general.—The Commodity Credit Corporation shall establish and carry out a program to encourage the development, maintenance, and expansion of commercial export markets for agricultural commodities (including commodities that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502))) through cost-share assistance to eligible trade organizations that implement a foreign market development program.

“(b) Type of assistance.—Assistance under this section may be provided in the form of funds of, or commodities owned by, the Commodity Credit Corporation, as determined appropriate by the Secretary.

“(c) Requirements for participation.—To be eligible for cost-share assistance under this section, an organization shall—

“(1) be an eligible trade organization;

“(2) prepare and submit a marketing plan to the Secretary that meets the guidelines governing such plans established by the Secretary; and

“(3) meet any other requirements established by the Secretary.

“(d) Eligible trade organizations.—An eligible trade organization shall be—

“(1) a United States agricultural trade organization or regional State-related organization that—

“(A) promotes the export and sale of agricultural commodities; and

“(B) does not stand to profit directly from specific sales of agricultural commodities;

“(2) a cooperative organization or State agency that promotes the sale of agricultural commodities; or

“(3) a private organization that promotes the export and sale of agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development.

“(e) Approved marketing plan.—

“(1) IN GENERAL.—A marketing plan submitted by an eligible trade organization under this section shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this section is being requested.

“(2) REQUIREMENTS.—To be approved by the Secretary, a marketing plan submitted under this subsection shall—

“(A) specifically describe the manner in which assistance received by the eligible trade organization in conjunction with funds and services provided by the eligible trade organization will be expended in implementing the marketing plan;

“(B) establish specific market goals to be achieved as a result of the market access program; and

“(C) contain any additional requirements that the Secretary determines to be necessary.

“(3) AMENDMENTS.—A marketing plan may be amended by the eligible trade organization at any time, with the approval of the Secretary.

“(4) BRANDED PROMOTION.—An agreement entered into under this section may provide for the use of branded advertising to promote the sale of agricultural commodities in a foreign country under such terms and conditions as may be established by the Secretary.

“(f) Other terms and conditions.—

“(1) MULTIYEAR BASIS.—The Secretary may provide assistance under this section on a multiyear basis, subject to annual review by the Secretary for compliance with the approved marketing plan.

“(2) TERMINATION OF ASSISTANCE.—The Secretary may terminate any assistance made, or to be made, available under this section if the Secretary determines that—

“(A) the eligible trade organization is not adhering to the terms and conditions of the program established under this section;

“(B) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the market access program;

“(C) the eligible trade organization is not adequately contributing its own resources to the market access program; or

“(D) the Secretary determines that termination of assistance in a particular instance is in the best interests of the program.

“(3) MONITORING AND EVALUATIONS.—

“(A) MONITORING.—The Secretary shall monitor the expenditure of funds received under this section by recipients of those funds.

“(B) EVALUATIONS.—The Secretary shall make evaluations of the expenditure of funds received under this section, including—

“(i) an evaluation of the effectiveness of the program in developing or maintaining markets for United States agricultural commodities;

“(ii) an evaluation of whether assistance provided under this section is necessary to maintain markets for United States agricultural commodities; and

“(iii) a thorough accounting of the expenditure of those funds by the recipient.

“(C) INITIAL EVALUATION.—The Secretary shall make an initial evaluation of expenditures of a recipient under this paragraph not later than 15 months after the initial provision of funds to the recipient.

“(4) USE OF FUNDS.—Funds made available to carry out this section—

“(A) shall not be used to provide direct assistance to any foreign for-profit corporation for the use of the corporation in promoting foreign-produced products;

“(B) shall not be used to provide direct assistance to any for-profit corporation that is not recognized as a small-business concern described in section 3(a) of the Small Business Act (15 U.S.C. 632(a)), excluding—

“(i) a cooperative;

“(ii) an association described in the first section of the Act entitled An Act to authorize association of producers of agricultural products, approved February 18, 1922 (7 U.S.C. 291); and

“(iii) a nonprofit trade association; and

“(C) may be used by a United States trade association, cooperative, or small business for individual branded promotional activity related to a United States branded product, if the beneficiaries of the activity have provided funds for the activity in an amount that is at least equivalent to the amount of assistance provided under this section.

“(g) Level of marketing assistance.—

“(1) IN GENERAL.—The Secretary shall justify in writing the level of assistance provided to an eligible trade organization under the program under this section and the level of cost-sharing required of the organization.

“(2) LIMITATION.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), assistance provided under this section for activities described in subsection (e)(4) shall not exceed 50 percent of the cost of implementing the marketing plan.

“(B) ACTION BY UNITED STATES TRADE REPRESENTATIVE.—

“(i) IN GENERAL.—The Secretary may determine not to apply the limitation described in subparagraph (A) in the case of agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 (19 U.S.C. 2411).

“(ii) REQUIREMENT.—Criteria for determining that the limitation shall not apply under clause (i) shall be consistent and documented.

SEC. 223. Foreign market development cooperator program.

“(a) Definition of eligible trade organization.—In this section, the term eligible trade organization means a United States trade organization that—

“(1) promotes the export of 1 or more United States agricultural commodities; and

“(2) does not have a business interest in or receive remuneration from specific sales of agricultural commodities.

“(b) Establishment.—The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities, with a continued significant emphasis on the importance of the export of value-added United States agricultural commodities into emerging markets.

“(c) Use of funds.—Funds made available to carry out this section shall be used only to provide—

“(1) cost-share assistance to an eligible trade organization under a contract or agreement with the eligible trade organization; and

“(2) assistance for other costs that are appropriate to carry out the foreign market development cooperator program, including contingent liabilities that are not otherwise funded.

SEC. 224. E (Kika) de la Garza Agricultural Fellowship Program.

“(a) Definition of emerging market.—In this section, the term emerging market means any country, foreign territory, customs union, or other economic market that the Secretary determines—

“(1) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of that country, territory, customs union, or other economic market, as applicable; and

“(2) has the potential to provide a viable and significant market for United States agricultural commodities.

“(b) Establishment.—The Secretary shall establish a program, to be known as the E (Kika) de la Garza Agricultural Fellowship Program

“(1) to develop agricultural markets in emerging markets; and

“(2) to promote cooperation and exchange of information between agricultural institutions and agribusinesses in the United States and emerging markets.

“(c) Development of agricultural systems.—

“(1) IN GENERAL.—

“(A) ESTABLISHMENT OF PROGRAM.—To develop, maintain, or expand markets for exports of United States agricultural commodities, the Secretary shall make available to emerging markets the expertise of the United States—

“(i) to make assessments of food and rural business systems needs;

“(ii) to make recommendations on measures necessary to enhance the effectiveness of the food and rural business systems described in clause (i), including potential reductions in trade barriers; and

“(iii) to identify and carry out specific opportunities and projects to enhance the effectiveness of the food and rural business systems described in clause (i).

“(B) EXTENT OF PROGRAM.—The Secretary shall implement this paragraph with respect to at least 3 emerging markets in each fiscal year.

“(2) EXPERTS FROM THE UNITED STATES.—The Secretary may implement paragraph (1) by providing—

“(A) assistance to teams (consisting primarily of agricultural consultants, agricultural producers, other persons from the private sector, and government officials expert in assessing the food and rural business systems of other countries) to enable those teams to conduct the assessments, make the recommendations, and identify the opportunities and projects described in paragraph (1)(A) in emerging markets;

“(B) necessary subsistence expenses in the United States and necessary transportation expenses by individuals designated by emerging markets to enable those individuals to consult with food and rural business system experts in the United States to enhance those systems of those emerging markets;

“(C) necessary subsistence expenses in emerging markets and necessary transportation expenses of United States food and rural business system experts, agricultural producers, and other individuals knowledgeable in agricultural and agribusiness matters to assist in transferring knowledge and expertise to entities in emerging markets; and

“(D) necessary subsistence expenses and necessary transportation expenses of United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agriculture and agribusiness matters, and of individuals designated by emerging markets, to enable those designated individuals to consult with those United States experts—

“(i) to enhance food and rural business systems of emerging markets; and

“(ii) to transfer knowledge and expertise to emerging markets.

“(3) COST-SHARING.—The Secretary shall encourage the nongovernmental experts described in paragraph (2) to share the costs of, and otherwise assist in, the participation of those experts in the program under this subsection.

“(4) TECHNICAL ASSISTANCE.—The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) to enable individuals or other entities to carry out recommendations, projects, and opportunities in emerging markets, including recommendations, projects, and opportunities described in clauses (ii) and (iii) of paragraph (1)(A).

“(5) REPORTS TO SECRETARY.—A team that receives assistance under paragraph (2)(A) shall prepare and submit to the Secretary such reports as the Secretary may require.

“(6) ADVISORY COMMITTEE.—To provide the Secretary with information that may be useful to the Secretary in carrying out this subsection, the Secretary may establish an advisory committee composed of representatives of the various sectors of the food and rural business systems of the United States.

“(7) EFFECT.—The authority provided under this subsection shall be in addition to and not in place of any other authority of the Secretary or the Commodity Credit Corporation.

SEC. 225. Technical assistance for specialty crops.

“(a) Establishment.—The Secretary of Agriculture shall establish an export assistance program (referred to in this section as the program) to address existing or potential unique barriers that prohibit or threaten the export of United States specialty crops.

“(b) Purpose.—The program shall provide direct assistance through public and private sector projects and technical assistance, including through the program under section 2(e) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(e)), to remove, resolve, or mitigate existing or potential sanitary and phytosanitary and technical barriers to trade.

“(c) Priority.—The program shall address time sensitive and strategic market access projects based on—

“(1) trade effect on market retention, market access, and market expansion; and

“(2) trade impact.

“(d) Multiyear projects.—The Secretary may provide assistance under the program to a project for longer than a 5-year period if the Secretary determines that further assistance would effectively support the purpose of the program described in subsection (b).

“(e) Annual report.—Each year, the Secretary shall submit to the appropriate committees of Congress a report that contains, for the period covered by the report, a description of—

“(1) each factor that affects the export of specialty crops, including each factor relating to any—

“(A) significant sanitary or phytosanitary issue;

“(B) trade barrier; or

“(C) emerging sanitary or phytosanitary issue or trade barrier; and

“(2) (A) any funds provided under section 226(c)(4) that were not obligated in a fiscal year; and

“(B) a description of why the funds described in subparagraph (A) were not obligated.

SEC. 226. Funding and administration.

“(a) Commodity Credit Corporation.—The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this subtitle.

“(b) Funding amount.—For each of fiscal years 2019 through 2023, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, the Secretary shall use to carry out this subtitle $259,500,000, to remain available until expended.

“(c) Allocation.—For each of fiscal years 2019 through 2023, the Secretary shall allocate funds to carry out this subtitle in accordance with the following:

“(1) MARKET ACCESS PROGRAM.—For market access activities authorized under section 222, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $200,000,000 for each fiscal year.

“(2) FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.—To carry out section 223, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $34,500,000 for each fiscal year.

“(3) E (KIKA) DE LA GARZA AGRICULTURAL FELLOWSHIP PROGRAM.—To provide assistance under section 224, of the funds of the Commodity Credit Corporation, not more than $10,000,000 for each fiscal year.

“(4) TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.—To carry out section 225, of the funds of the Commodity Credit Corporation, not less than $9,000,000 for each fiscal year, to remain available until expended.

“(5) PRIORITY TRADE FUND.—

“(A) IN GENERAL.—In addition to the amounts allocated under paragraphs (1) through (4), and notwithstanding any limitations in those paragraphs, as determined by the Secretary, for 1 or more programs under this subtitle for authorized activities to access, develop, maintain, and expand markets for United States agricultural commodities, $6,000,000 for each fiscal year.

“(B) CONSIDERATIONS.—In allocating funds made available under subparagraph (A), the Secretary may consider providing a greater allocation to 1 or more programs under this subtitle for which the amounts requested under applications exceed available funding for the 1 or more programs.

“(d) Cuba.—Notwithstanding section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207) or any other provision of law, funds made available under this section may be used to carry out the programs authorized under sections 222 and 223 in Cuba. Funds may not be used as described in the previous sentence in contravention with directives set forth under the National Security Presidential Memorandum entitled ‘Strengthening the Policy of the United States Toward Cuba’ issued by the President on June 16, 2017, during the period in which that memorandum is in effect.

“(e) Authorization for appropriations.—In addition to any other amounts provided under this section, there are authorized to be appropriated such sums as are necessary to carry out the programs and authorities under subsection (c)(5) and sections 222 through 225.”.

(b) Conforming amendments.—

(1) MARKET ACCESS PROGRAM.—

(A) Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed.

(B) Section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended by striking subsection (c).

(C) Section 402(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5662(a)(1)) is amended by striking 203 and inserting 222.

(D) Section 282(f)(2)(C) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) and inserting section 222 of the Agricultural Trade Act of 1978.

(E) Section 718 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 5623 note; Public Law 105–277) is amended by striking section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) and inserting section 222 of the Agricultural Trade Act of 1978.

(F) Section 1302(b) of the Agricultural Reconciliation Act of 1993 (7 U.S.C. 5623 note; Public Law 103–66) is amended—

(i) in the matter preceding paragraph (1), by striking section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) and inserting section 222 of the Agricultural Trade Act of 1978; and

(ii) in paragraph (2), in the matter preceding subparagraph (A), by striking section 203 of such Act and inserting section 222 of that Act.

(2) FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.—Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721 et seq.) is repealed.

(3) E (KIKA) DE LA GARZA AGRICULTURAL FELLOWSHIP PROGRAM.—

(A) Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C 5622 note; Public Law 101–624) is amended—

(i) by striking subsection (d);

(ii) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and

(iii) in subsection (e) (as so redesignated)—

(I) in the matter preceding paragraph (1), by striking country and inserting country, foreign territory, customs union, or economic market; and

(II) in paragraph (1), by striking the country and inserting that country, foreign territory, customs union, or economic market, as applicable.

(B) Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is amended by striking section 1542(f) and inserting section 1542(e).

(C) Section 1543A(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679(c)(2)) is amended by inserting and section 224 of the Agricultural Trade Act of 1978 after section 1542.

(4) TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.—Section 3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680) is repealed.

subtitle COther Agricultural Trade Laws

SEC. 3301. Food for Progress Act of 1985.

The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended—

(1) by striking President each place it appears and inserting Secretary;

(2) in subsection (b)—

(A) in paragraph (5)—

(i) in subparagraph (E), by striking and;

(ii) in subparagraph (F), by striking the period at the end and inserting ; and; and

(iii) by adding at the end the following:

“(G) a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).”; and

(B) by adding at the end the following:

“(10) SECRETARY.—The term Secretary means the Secretary of Agriculture.”;

(3) in subsection (c)—

(A) by striking food;

(B) by striking entities to furnish and inserting the following:entities—

“(1) to furnish”;

(C) in paragraph (1) (as so designated), by striking the period at the end and inserting ; or; and

(D) by adding at the end the following:

“(2) to provide financial assistance under subsection (l)(5) to eligible entities.”;

(4) in subsection (f)(3), by striking 2018 and inserting 2023;

(5) in subsection (g), by striking 2018 and inserting 2023;

(6) in subsection (k), by striking 2018 and inserting 2023;

(7) in subsection (l)—

(A) by striking the subsection designation and heading and all that follows through (1) To enhance and inserting the following:

“(l) Support for Agricultural Development.—

“(1) IN GENERAL.—To enhance”;

(B) in paragraph (1), by striking 2018 and inserting 2023;

(C) in paragraph (4)(B), by inserting internal before transportation; and

(D) by adding at the end the following:

“(5) FLEXIBILITY.—Notwithstanding any other provision of law, as necessary to carry out this section, the following funds shall be used to pay for the costs described in paragraph (4):

“(A) Of the funds of the Corporation described in subsection (f)(3), 30 percent.

“(B) Of the funds for administrative expenses under paragraph (1), 30 percent.

“(C) Of the funds of the Corporation, $26,000,000 for each of fiscal years 2019 through 2023.”;

(8) in subsection (m), in the subsection heading, by striking Presidential and inserting Secretarial;

(9) in subsection (n)—

(A) in paragraph (1)—

(i) in subparagraph (A), in the matter preceding clause (i), by inserting and assistance after commodities; and

(ii) in subparagraph (B), by inserting and assistance made available under this section after commodities; and

(B) by striking paragraph (2) and inserting the following:

“(2) REQUIREMENTS.—

“(A) IN GENERAL.—Not later than 270 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall issue regulations and revisions to agency guidance and procedures necessary to implement the amendments made to this section by that Act.

“(B) CONSULTATIONS.—Not later than 270 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall consult with the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate relating to regulations issued and agency guidance and procedures revised under subparagraph (A).”; and

(10) in subsection (o), in the matter preceding paragraph (1), by striking (acting through the Secretary).

SEC. 3302. Bill Emerson Humanitarian Trust Act.

Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended—

(1) in subsection (b)(2)(B)(i), by striking 2018 each place it appears and inserting 2023; and

(2) in subsection (h), by striking 2018 each place it appears and inserting 2023.

SEC. 3303. Promotion of agricultural exports to emerging markets.

Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended by striking 2018 and inserting 2023.

SEC. 3304. Cochran emerging market fellowship program.

Section 1543 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293) is amended—

(1) in subsection (c)—

(A) in paragraph (1), by inserting (which may include agricultural extension services) after systems; and

(B) in paragraph (2)—

(i) by striking enhance trade and inserting the following:enhance—

“(A) trade”;

(ii) in subparagraph (A) (as so designated) by striking the period at the end and inserting ; or; and

(iii) by adding at the end the following:

“(B) linkages between agricultural interests in the United States and regulatory systems governing sanitary and phytosanitary standards for agricultural products that—

“(i) may enter the United States; and

“(ii) may pose risks to human, animal, or plant life or health.”; and

(2) in subsection (f)—

(A) in paragraph (1), by striking $3,000,000 and inserting $4,000,000;

(B) in paragraph (2), by striking $2,000,000 and inserting $3,000,000; and

(C) in paragraph (3), by striking $5,000,000 and inserting $6,000,000.

SEC. 3305. Borlaug International Agricultural Science and Technology Fellowship Program.

Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended—

(1) in subsection (c)(2)—

(A) in the matter preceding subparagraph (A), by striking shall support and inserting support;

(B) in subparagraph (C), by striking and at the end;

(C) in subparagraph (D), by striking the period at the end and inserting ; and; and

(D) by adding at the end the following:

“(E) the development of agricultural extension services in eligible countries.”; and

(2) in subsection (f)—

(A) by striking The Secretary and inserting the following:

“(1) IN GENERAL.—The Secretary”; and

(B) by adding at the end the following:

“(2) LEVERAGING ALUMNI ENGAGEMENT.—In carrying out the purposes and programs under this section, the Secretary shall encourage ongoing engagement with fellowship recipients who have completed training under the program to provide advice regarding, and participate in, new or ongoing agricultural development projects, with a priority for capacity-building projects, that are sponsored by—

“(A) Federal agencies; and

“(B) institutions of higher education in the eligible country of the fellowship recipient.”.

SEC. 3306. International food security technical assistance.

The Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1543A (7 U.S.C. 5679) the following:

SEC. 1543B. International food security technical assistance.

“(a) Definition of international food security.—In this section, the term international food security means access by any person at any time to food and nutrition that is sufficient for a healthy and productive life.

“(b) Collection of information.—The Secretary of Agriculture (referred to in this section as the Secretary) shall compile information from appropriate mission areas of the Department of Agriculture (including the Food, Nutrition, and Consumer Services mission area) relating to the improvement of international food security.

“(c) Public availability.—To benefit programs for the improvement of international food security, the Secretary shall organize the information described in subsection (b) and make the information available in a format suitable for—

“(1) public education; and

“(2) use by—

“(A) a Federal, State, or local agency;

“(B) an agency or instrumentality of the government of a foreign country;

“(C) a domestic or international organization, including a domestic or international nongovernmental organization; and

“(D) an intergovernmental organization.

“(d) Technical assistance.—On request by an entity described in subsection (c)(2), the Secretary may provide technical assistance to the entity to implement a program for the improvement of international food security.

“(e) Program priority.—In carrying out this section, the Secretary shall give priority to programs relating to the development of food and nutrition safety net systems with a focus on food insecure countries.

“(f) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2019 through 2023.”.

SEC. 3307. McGovern-Dole International Food for Education and Child Nutrition Program.

Section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1) is amended—

(1) in subsection (a)—

(A) by striking that is and inserting the following:that—

“(1) is”;

(B) in paragraph (1) (as so designated), by striking the period at the end and inserting ; or; and

(C) by adding at the end the following:

“(2) (A) is produced in and procured from—

“(i) a developing country that is a recipient country; or

“(ii) a developing country in the same region as a recipient country; and

“(B) at a minimum, meets each nutritional, quality, and labeling standard of the recipient country, as determined by the Secretary.”;

(2) in subsection (c)(2)(A)—

(A) in clause (v)(IV), by striking and at the end;

(B) by redesignating clause (vi) as clause (vii); and

(C) by inserting after clause (v) the following:

“(vi) the costs associated with transporting the commodities described in subsection (a)(2) from a developing country described in subparagraph (A)(ii) of that subsection to any designated point of entry within the recipient country; and”;

(3) in subsection (f)(1)—

(A) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and

(B) by inserting after subparagraph (D) the following:

“(E) ensure to the maximum extent practicable that assistance—

“(i) is provided under this section in a timely manner; and

“(ii) is available when needed throughout the applicable school year;”; and

(4) in subsection (l)—

(A) in paragraph (2), by striking 2018 and inserting 2023; and

(B) by adding at the end the following:

“(4) PURCHASE OF COMMODITIES.—Of the funds made available to carry out this section, not more than 10 percent shall be used to purchase agricultural commodities described in subsection (a)(2).”.

SEC. 3308. Global Crop Diversity Trust.

Section 3202(c) of the Food, Conservation, and Energy Act of 2008 (22 U.S.C. 2220a note; Public Law 110–246) is amended by striking 2014 through 2018 and inserting 2019 through 2023.

SEC. 3309. Local and regional food aid procurement projects.

Section 3206(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended—

(1) by inserting to the Secretary after appropriated; and

(2) by striking 2014 through 2018 and inserting 2019 through 2023.

SEC. 3310. Foreign trade missions.

(a) Tribal representation on trade missions.—

(1) IN GENERAL.—The Secretary, in consultation with the Tribal Advisory Committee established under subsection (b)(2) of section 309 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) (as added by section 12304(2)) (referred to in this section as the Advisory Committee), shall seek—

(A) to support the greater inclusion of Tribal agricultural and food products in Federal trade-related activities; and

(B) to increase the collaboration between Federal trade promotion efforts and other Federal trade-related activities in support of the greater inclusion sought under subparagraph (A).

(2) INTERDEPARTMENTAL COORDINATION.—In carrying out activities to increase the collaboration described in paragraph (1)(B), the Secretary shall coordinate with—

(A) the Secretary of Commerce;

(B) the Secretary of State;

(C) the Secretary of the Interior; and

(D) the heads of any other relevant Federal agencies.

(b) Report; goals.—

(1) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report describing the efforts of the Department of Agriculture and other Federal agencies under this section to—

(A) the Advisory Committee;

(B) the Committee on Agriculture of the House of Representatives;

(C) the Committee on Energy and Commerce of the House of Representatives;

(D) the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(E) the Committee on Commerce, Science, and Transportation of the Senate; and

(F) the Committee on Indian Affairs of the Senate.

(2) GOALS.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish goals for measuring, in an objective and quantifiable format, the extent to which Indian Tribes and Tribal agricultural and food products are included in the trade-related activities of the Department of Agriculture.

TITLE IVNutrition

subtitle ASupplemental Nutrition Assistance Program

SEC. 4101. Definition of certification period.

Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended by striking subsection (f) and inserting the following:

“(f) Certification period.—

“(1) IN GENERAL.—The term certification period means the period for which a household shall be eligible to receive benefits.

“(2) TIME LIMITS.—

“(A) IN GENERAL.—Except as provided in subparagraph (C), the certification period shall not exceed 12 months.

“(B) CONTACT.—A State agency shall have at least 1 contact with each certified household every 12 months.

“(C) ELDERLY OR DISABLED HOUSEHOLD MEMBERS.—The certification period may be for a duration of—

“(i) not more than 24 months if each adult household member is elderly or disabled; or

“(ii) not more than 36 months if—

“(I) each adult household member is elderly or disabled; and

“(II) the household of the adult household member has no earned income at the time of certification.

“(D) EXTENSION OF LIMIT.—The limits under this paragraph may be extended until the end of any transitional benefit period established under section 11(s).”.

SEC. 4102. Food distribution program on Indian reservations.

(a) In general.—Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended—

(1) by striking paragraph (4) and inserting the following:

“(4) ADMINISTRATIVE COSTS.—

“(A) IN GENERAL.—The Secretary shall pay not less than 80 percent of administrative costs and distribution costs on Indian reservations as the Secretary determines necessary for effective administration of such distribution by a State agency or tribal organization.

“(B) WAIVER.—The Secretary shall waive up to 100 percent of the non-Federal share of the costs described in subparagraph (A) if the Secretary determines that—

“(i) the tribal organization is financially unable to provide a greater non-Federal share of the costs; or

“(ii) providing a greater non-Federal share of the costs would be a substantial burden for the tribal organization.

“(C) LIMITATION.—The Secretary may not reduce any benefits or services under the food distribution program on Indian reservations under this subsection to any tribal organization that is granted a waiver under subparagraph (B).

“(D) TRIBAL CONTRIBUTION.—The Secretary may allow a tribal organization to use funds provided to the tribal organization through a Federal agency or other Federal benefit to satisfy all or part of the non-Federal share of the costs described in subparagraph (A) if that use is otherwise consistent with the purpose of the funds.”;

(2) in paragraph (6)(F), by striking 2018 and inserting 2023; and

(3) by adding at the end the following:

“(7) AVAILABILITY OF FUNDS.—

“(A) IN GENERAL.—Funds made available for a fiscal year to carry out this subsection shall remain available for obligation for a period of 2 fiscal years.

“(B) ADMINISTRATIVE COSTS.—Funds made available for a fiscal year to carry out paragraph (4) shall remain available for obligation by the State agency or tribal organization for a period of 2 fiscal years.”.

(b) Demonstration project for tribal organizations.—

(1) DEFINITIONS.—In this subsection:

(A) DEMONSTRATION PROJECT.—The term demonstration project means the demonstration project established under paragraph (2).

(B) FOOD DISTRIBUTION PROGRAM.—The term food distribution program means the food distribution program on Indian reservations carried out under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).

(C) INDIAN RESERVATION.—The term Indian reservation has the meaning given the term reservation in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).

(D) INDIAN TRIBE.—The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(E) SELF-DETERMINATION CONTRACT.—The term self-determination contract has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(F) TRIBAL ORGANIZATION.—The term tribal organization has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).

(2) ESTABLISHMENT.—Subject to the availability of appropriations, the Secretary shall establish a demonstration project under which 1 or more tribal organizations may enter into self-determination contracts to purchase agricultural commodities under the food distribution program for the Indian reservation of that tribal organization.

(3) ELIGIBILITY.—

(A) CONSULTATION.—The Secretary shall consult with the Secretary of the Interior and Indian tribes to determine the process and criteria under which a tribal organization may participate in the demonstration project.

(B) CRITERIA.—The Secretary shall select for participation in the demonstration project tribal organizations that—

(i) are successfully administering the food distribution program of the tribal organization under section 4(b)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)(2)(B));

(ii) have the capacity to purchase agricultural commodities in accordance with paragraph (4) for the food distribution program of the tribal organization; and

(iii) meet any other criteria determined by the Secretary, in consultation with the Secretary of the Interior and Indian tribes.

(4) PROCUREMENT OF AGRICULTURAL COMMODITIES.—Any agricultural commodities purchased by a tribal organization under the demonstration project shall—

(A) be domestically produced;

(B) supplant, not supplement, the type of agricultural commodities in existing food packages for that tribal organization;

(C) be of similar or higher nutritional value as the type of agricultural commodities that would be supplanted in the existing food package for that tribal organization; and

(D) meet any other criteria determined by the Secretary.

(5) REPORT.—Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the activities carried out under the demonstration project during the preceding year.

(6) FUNDING.—

(A) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000, to remain available until expended.

(B) APPROPRIATIONS IN ADVANCE.—Only funds appropriated under subparagraph (A) in advance specifically to carry out this subsection shall be available to carry out this subsection.

(c) Conforming amendment.—Section 3(v) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by striking the Indian Self-Determination Act (25 U.S.C. 450b(b)) and inserting section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

SEC. 4103. Work requirements for supplemental nutrition assistance program.

(a) Work requirements for able-bodied adults without dependents.—Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—

(1) in subsection (d)—

(A) in paragraph (2)—

(i) by striking the second sentence;

(ii) by striking , as amended each place it appears;

(iii) by striking (F) a person and inserting the following:

“(vi) a person”;

(iv) by striking (E) employed and inserting the following:

“(v) employed”;

(v) by striking (D) a regular and inserting the following:

“(iv) a regular”;

(vi) by striking (C) a bona fide student and inserting the following:

“(iii) a bona fide student”;

(vii) by striking (B) a parent and inserting the following:

“(ii) a parent”;

(viii) by striking (A) currently and inserting the following:

“(i) currently”; and

(ix) by striking (2) A person who and all that follows through if he or she is inserting the following:

“(E) EXEMPTIONS.—A person who otherwise would be required to comply with the requirements of subparagraphs (A) through (D) shall be exempt from such requirements if the person is—”; and

(B) by inserting after paragraph (1) (as amended by subparagraph (A)) the following:

“(2) ADDITIONAL WORK REQUIREMENTS.—

“(A) DEFINITION OF WORK PROGRAM.—In this paragraph, the term work program means—

“(i) a program under title I of the Workforce Innovation and Opportunity Act;

“(ii) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296);

“(iii) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under paragraph (4), other than a job search program or a job search training program; and

“(iv) a workforce partnership under paragraph (4)(N).

“(B) WORK REQUIREMENT.—Subject to the other provisions of this paragraph, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household if, during the preceding 36-month period, the individual received supplemental nutrition assistance program benefits for not less than 3 months (consecutive or otherwise) during which the individual did not—

“(i) work 20 hours or more per week, averaged monthly;

“(ii) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency;

“(iii) participate in and comply with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State; or

“(iv) receive benefits pursuant to subparagraph (C), (D), (E), or (F).

“(C) EXCEPTION.—Subparagraph (B) shall not apply to an individual if the individual is—

“(i) under 18 or over 50 years of age;

“(ii) medically certified as physically or mentally unfit for employment;

“(iii) a parent or other member of a household with responsibility for a dependent child;

“(iv) otherwise exempt under paragraph (1)(E); or

“(v) a pregnant woman.

“(D) WAIVER.—

“(i) IN GENERAL.—On the request of a State agency, the Secretary may waive the applicability of subparagraph (B) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside—

“(I) has an unemployment rate of over 10 percent; or

“(II) does not have a sufficient number of jobs to provide employment for the individuals.

“(ii) REPORT.—The Secretary shall report the basis for a waiver under clause (i) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

“(E) SUBSEQUENT ELIGIBILITY.—

“(i) REGAINING ELIGIBILITY.—An individual denied eligibility under subparagraph (B) shall regain eligibility to participate in the supplemental nutrition assistance program if, during a 30-day period, the individual—

“(I) works 80 or more hours;

“(II) participates in and complies with the requirements of a work program for 80 or more hours, as determined by a State agency; or

“(III) participates in and complies with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State.

“(ii) MAINTAINING ELIGIBILITY.—An individual who regains eligibility under clause (i) shall remain eligible as long as the individual meets the requirements of clause (i), (ii), or (iii) of subparagraph (B).

“(iii) LOSS OF EMPLOYMENT.—

“(I) IN GENERAL.—An individual who regained eligibility under clause (i) and who no longer meets the requirements of clause (i), (ii), or (iii) of subparagraph (B) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of clause (i), (ii), or (iii) of subparagraph (B).

“(II) LIMITATION.—An individual shall not receive any benefits pursuant to subclause (I) for more than a single 3-month period in any 36-month period.

“(F) 15-PERCENT EXEMPTION.—

“(i) DEFINITIONS.—In this subparagraph:

“(I) CASELOAD.—The term caseload means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30.

“(II) COVERED INDIVIDUAL.—The term covered individual means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to subparagraph (B), who—

“(aa) is not eligible for an exception under subparagraph (C);

“(bb) does not reside in an area covered by a waiver granted under subparagraph (D);

“(cc) is not complying with clause (i), (ii), or (iii) of subparagraph (B);

“(dd) is not receiving supplemental nutrition assistance program benefits during the 3 months of eligibility provided under subparagraph (B); and

“(ee) is not receiving supplemental nutrition assistance program benefits under subparagraph (E).

“(ii) GENERAL RULE.—Subject to clauses (iii) through (vii), a State agency may provide an exemption from the requirements of subparagraph (B) for covered individuals.

“(iii) FISCAL YEAR 1998.—Subject to clauses (v) and (vii), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey.

“(iv) SUBSEQUENT FISCAL YEARS.—Subject to clauses (v) through (vii), for fiscal year 1999 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under clause (iii), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under subparagraph (D).

“(v) CASELOAD ADJUSTMENTS.—The Secretary shall adjust the number of individuals estimated for a State under clause (iii) or (iv) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State's caseload by more than 10 percent, as determined by the Secretary.

“(vi) EXEMPTION ADJUSTMENTS.—During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this subparagraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this subparagraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this subparagraph.

“(vii) REPORTING REQUIREMENT.—A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this subparagraph.

“(G) OTHER PROGRAM RULES.—Nothing in this paragraph shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act.”; and

(2) by striking subsection (o).

(b) Employment and training programs that meet State and local workforce needs.—Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended—

(1) in subparagraph (A)—

(A) in clause (i)—

(i) by inserting , in consultation with the State workforce development board, or, if the State demonstrates that consultation with private employers or employer organizations would be more effective or efficient, in consultation with private employers or employer organizations, after designed by the State agency; and

(ii) by striking that will increase their ability to obtain regular employment. and inserting the following: “that will—

“(I) increase the ability of the household members to obtain regular employment; and

“(II) meet State or local workforce needs.”; and

(B) in clause (ii), by inserting and implemented to meet the purposes of clause (i) after under this paragraph;

(2) in subparagraph (B)—

(A) in clause (iv), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately;

(B) by redesignating clauses (i) through (vii) and clause (viii) as subclauses (I) through (VII) and subclause (IX), respectively, and indenting appropriately;

(C) by inserting after subclause (VII) (as so redesignated) the following:

“(VIII) Programs or activities described in subclauses (I) through (XII) of clause (iv) of section 16(h)(1)(F) that the Secretary determines, based on the results of the applicable independent evaluations conducted under clause (vii)(I) of that section, are effective at increasing employment or earnings for households participating in a pilot project under that section.”;

(D) in the matter preceding subclause (I) (as so redesignated)—

(i) by striking this subparagraph and inserting this clause;

(ii) by inserting and a program containing a component under subclause (I) shall contain at least 1 additional component before the colon; and

(iii) by striking (B) For purposes of this Act, an and inserting the following:

“(B) DEFINITIONS.—In this Act:

“(i) EMPLOYMENT AND TRAINING PROGRAM.—The term”; and

(E) by adding at the end the following:

“(ii) WORKFORCE PARTNERSHIP.—

“(I) IN GENERAL.—The term workforce partnership means a program that—

“(aa) is operated by a private employer, an organization representing private employers, or a nonprofit organization providing services relating to workforce development;

“(bb) the Secretary or the State agency certifies—

“(AA) subject to subparagraph (N)(ii), would assist participants who are members of households participating in the supplemental nutrition assistance program in gaining high-quality, work-relevant skills, training, work, or experience that will increase the ability of the participants to obtain regular employment;

“(BB) subject to subparagraph (N)(ii), would provide participants with not fewer than 20 hours per week of training, work, or experience under subitem (AA);

“(CC) would not use any funds authorized to be appropriated by this Act;

“(DD) would provide sufficient information, on request by the State agency, for the State agency to determine that participants who are members of households participating in the supplemental nutrition assistance program are fulfilling any applicable work requirement under this subsection;

“(EE) would be willing to serve as a reference for participants who are members of households participating in the supplemental nutrition assistance program for future employment or work-related programs; and

“(FF) meets any other criteria established by the Secretary, on the condition that the Secretary shall not establish any additional criteria that would impose significant paperwork burdens on the workforce partnership; and

“(cc) is in compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), if applicable.

“(II) INCLUSION.—The term workforce partnership includes a multistate program.”;

(3) in subparagraph (E)—

(A) in the second sentence, by striking Such requirements and inserting the following:

“(ii) VARIATION.—The requirements under clause (i)”;

(B) by striking (E) Each State and inserting the following:

“(E) REQUIREMENTS FOR PARTICIPATION FOR CERTAIN INDIVIDUALS.—

“(i) IN GENERAL.—Each State”; and

(C) adding at the end the following:

“(iii) APPLICATION TO WORKFORCE PARTNERSHIPS.—To the extent that a State agency requires an individual to participate in an employment and training program, the State agency shall consider an individual participating in a workforce partnership to be in compliance with the employment and training requirements.”;

(4) in subparagraph (H), by striking (B)(v) and inserting (B)(i)(V); and

(5) by adding at the end the following:

“(N) WORKFORCE PARTNERSHIPS.—

“(i) IN GENERAL.—A work registrant may participate in a workforce partnership to comply with the requirements of paragraph (1)(A)(ii) and paragraph (2).

“(ii) CERTIFICATION.—In certifying that a program meets the requirements of subitems (AA) and (BB) of subparagraph (B)(ii)(I)(bb) to be certified as a workforce partnership, the Secretary or the State agency shall require that the program submit to the Secretary or State agency sufficient information that describes—

“(I) the services and activities of the program that would provide participants with not fewer than 20 hours per week of training, work, or experience under those subitems; and

“(II) how the program would provide services and activities described in subclause (I) that would directly enhance the employability or job readiness of the participant.

“(iii) SUPPLEMENT, NOT SUPPLANT.—A State agency may use a workforce partnership to supplement, not to supplant, the employment and training program of the State agency.

“(iv) PARTICIPATION.—A State agency may provide information on workforce partnerships, if available, to any member of a household participating in the supplemental nutrition assistance program, but may not require any member of a household to participate in a workforce partnership.

“(v) EFFECT.—

“(I) IN GENERAL.—A workforce partnership shall not replace the employment or training of an individual not participating in the workforce partnership.

“(II) SELECTION.—Nothing in this subsection affects the criteria or screening process for selecting participants by a workforce partnership.

“(vi) LIMITATION ON REPORTING REQUIREMENTS.—In carrying out this subparagraph, the Secretary and each applicable State agency shall limit the reporting requirements of a workforce partnership to—

“(I) on notification that an individual is receiving supplemental nutrition assistance program benefits, notifying the applicable State agency that the individual is participating in the workforce partnership;

“(II) identifying participants who have completed or are no longer participating in the workforce partnership;

“(III) identifying changes to the workforce partnership that result in the workforce partnership no longer meeting the certification requirements of the Secretary or the State agency under subparagraph (B)(ii)(I)(bb); and

“(IV) providing sufficient information, on request by the State agency, for the State agency to verify that a participant is fulfilling any applicable work requirements under this subsection.

“(O) REFERRAL OF CERTAIN INDIVIDUALS.—

“(i) IN GENERAL.—In accordance with such regulations as may be issued by the Secretary, with respect to any individual who is not eligible for an exemption under paragraph (1)(E) and who is determined by an employment and training program component to be ill-suited to participate in the employment and training program component, the State agency shall—

“(I) refer the individual to an appropriate employment and training program component;

“(II) refer the individual to an appropriate workforce partnership, if available;

“(III) reassess the physical and mental fitness of the individual under paragraph (1)(A); or

“(IV) to the maximum extent practicable, coordinate with other Federal, State, or local workforce or assistance programs to identify work opportunities or assistance for the individual.

“(ii) PROCESS.—In carrying out clause (i), the State agency shall ensure that an individual undergoing and complying with the process established under that clause shall not be found to have refused without good cause to participate in an employment and training program.”.

(c) Updating work-related pilot projects.—

(1) IN GENERAL.—Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended—

(A) in paragraph (1)—

(i) in subparagraph (B)(ii), by striking 6(o) and inserting 6(d)(2);

(ii) in subparagraph (E)—

(I) in clause (i)—

(aa) in subclause (I), by striking 6(o)(3) and inserting 6(d)(2)(C); and

(bb) in subclause (II), by striking subparagraph (B) or (C) of section 6(o)(2) and inserting clause (ii) or (iii) of section 6(d)(2)(B); and

(II) in clause (ii)—

(aa) in the matter preceding subclause (I), by striking subparagraph (B) or (C) of section 6(o)(2) and inserting clause (ii) or (iii) of section 6(d)(2)(B);

(bb) in subclause (I), by striking 6(o)(2) and inserting 6(d)(2)(B);

(cc) in subclause (II), by striking 6(o)(3) and inserting 6(d)(2)(C);

(dd) in subclause (III), by striking 6(o)(4) and inserting 6(d)(2)(D); and

(ee) in subclause (IV), by striking 6(o)(6) and inserting 6(d)(2)(F); and

(iii) in subparagraph (F)—

(I) in clause (ii)(III)(ee)(AA), by striking 6(o) and inserting 6(d)(2);

(II) in clause (viii)—

(aa) in subclause (III), by striking September 30, 2018 and inserting the following:September 30, 2023, for—

“(aa) the continuation of pilot projects being carried out under this subparagraph as of the date of enactment of the Agriculture Improvement Act of 2018, if the pilot projects meet the limitations described in subclause (II); and

“(bb) additional pilot projects authorized under clause (x).”; and

(bb) by adding at the end the following:

“(IV) FUNDS FOR ADDITIONAL PILOT PROJECTS.—From amounts made available under section 18(a)(1), the Secretary shall use to carry out clause (x) $92,500,000 for each of fiscal years 2019 and 2020, to remain available until expended.”; and

(III) by adding at the end the following:

“(x) AUTHORITY TO CARRY OUT ADDITIONAL PILOT PROJECTS.—

“(I) IN GENERAL.—Subject to the availability of funds under clause (viii), the Secretary may carry out 8 or more additional pilot projects using a competitive grant process.

“(II) REQUIREMENTS.—Except as otherwise provided in this clause, a pilot project under this clause shall meet the criteria described in clauses (i), (ii)(II)(bb), and (iii) through (vi) and items (aa) through (dd) of clause (ii)(III).

“(III) EVALUATION AND REPORTING.—

“(aa) OPTIONAL EVALUATION.—

“(AA) IN GENERAL.—The Secretary shall have the option to conduct an independent longitudinal evaluation of pilot projects carried out under this clause, in accordance with clause (vii)(I).

“(BB) QUALIFYING CRITERIA.—If the Secretary determines to conduct an independent longitudinal evaluation under subitem (AA), to be eligible to participate in a pilot project under this clause, a State agency shall agree to participate in the evaluation described in clause (vii), including providing evidence that the State has a robust data collection system for program administration and is cooperating to make available State data on the employment activities and post-participation employment, earnings, and public benefit receipt of participants to ensure proper and timely evaluation.

“(bb) REPORTING.—If the Secretary determines not to conduct an independent longitudinal evaluation under item (aa), subject to such terms and conditions as the Secretary determines to be appropriate and not less frequently than annually, each State agency participating in a pilot project carried out under this clause shall submit to the Secretary a report that describes the results of the pilot project.

“(IV) VOLUNTARY ACTIVITIES.—Except as provided in subclause (VIII), employment and training activities under a pilot project carried out under this clause shall be voluntary for work registrants.

“(V) ELIGIBILITY.—To be eligible to participate in a pilot project carried out under this clause, a State agency shall commit to maintain at least the amount of State funding for employment and training programs and services under paragraphs (2) and (3) and under section 20 as the State expended for fiscal year 2018.

“(VI) LIMITATION.—In carrying out pilot projects under this clause, the Secretary shall not be subject to the limitation described in clause (viii)(II)(aa).

“(VII) PRIORITY.—In selecting pilot projects under this clause, the Secretary may give priority to pilot projects that—

“(aa) are targeted to—

“(AA) individuals 50 years of age or older;

“(BB) formerly incarcerated individuals;

“(CC) individuals participating in a substance abuse treatment program.

“(DD) homeless individuals;

“(EE) people with disabilities seeking to enter the workforce; or

“(FF) other individuals with substantial barriers to employment; or

“(bb) support employment and workforce participation through an integrated and family-focused approach in providing supportive services.

“(VIII) PILOT PROJECTS FOR MANDATORY PARTICIPATION IN EMPLOYMENT AND TRAINING ACTIVITIES.—A State agency may be eligible to participate in a pilot project under this clause to test programs that assign work registrants to mandatory participation in employment and training activities, on the conditions that—

“(aa) the pilot project provides individualized case management designed to help remove barriers to employment for participants; and

“(bb) a work registrant is not assigned to employment and training activities primarily consisting of job search, job search training, or workforce activities.”; and

(B) in paragraph (5)—

(i) in subparagraph (A)—

(I) in the matter preceding clause (i), by striking section 6(d)(4) and inserting this paragraph; and

(II) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;

(ii) in subparagraph (B)—

(I) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately;

(II) in clause (iv)—

(aa) in the matter preceding subclause (I), by striking clause (iii) and inserting subclause (III);

(bb) in subclause (IV)—

(AA) in item (cc), by striking section 6(b) and inserting subsection (b); and

(BB) by redesignating items (aa) through (cc) as subitems (AA) through (CC), respectively, and indenting appropriately; and

(cc) by redesignating subclauses (I) through (V) as items (aa) through (ee), respectively, and indenting appropriately;

(III) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively, and indenting appropriately; and

(IV) by adding at the end the following:

“(V) STATE OPTION.—The State agency may report relevant data from a workforce partnership carried out under subparagraph (N) to demonstrate the number of program participants served by the workforce partnership.”;

(iii) in subparagraph (C)—

(I) in clause (iii), by striking and after the semicolon;

(II) in clause (iv)—

(aa) in the matter preceding subclause (I)—

(AA) by striking paragraph (1)(E) and inserting subparagraph (E) of section 16(h)(1); and

(BB) by striking paragraph (1) and inserting that section;

(bb) in subclause (I)—

(AA) by striking paragraph (1)(E)(ii) and inserting section 16(h)(1)(E)(ii); and

(BB) by striking subparagraph (B) or (C) of section 6(o)(2) and inserting clause (ii) or (iii) of paragraph (2)(B);

(cc) in subclause (II), by striking paragraph (1)(E) and inserting section 16(h)(1)(E); and

(dd) by redesignating subclauses (I) through (III) as items (aa) through (cc), respectively, and indenting appropriately;

(III) by redesignating clauses (i), (ii), (iii), and (iv) as subclauses (I), (II), (IV), and (VI), respectively, and indenting appropriately;

(IV) by inserting after subclause (II) (as so redesignated) the following:

“(III) that the State agency has consulted with the State workforce board or, if appropriate, private employers or employer organizations, in the design of the employment and training program;”; and

(V) by inserting after subclause (IV) (as so redesignated) the following:

“(V) that the employment and training program components of the State agency are responsive to State or local workforce needs; and”;

(iv) in subparagraph (D), by striking subparagraph (B) and inserting clause (ii);

(v) in subparagraph (E), by inserting or that the employment and training program is not adequately meeting State or local workforce needs after is inadequate;

(vi) in subparagraph (F)—

(I) in the matter preceding clause (i), by striking October 1, 2016 and inserting October 1, 2020;

(II) in clause (i), by striking and after the semicolon;

(III) in clause (ii), by striking the period at the end and inserting ; and;

(IV) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; and

(V) by adding at the end the following:

“(III) are meeting State or local workforce needs.”;

(vii) by redesignating subparagraphs (A) through (F) (as so amended) as clauses (i) through (vi), respectively, and indenting appropriately; and

(viii) by redesignating the paragraph as subparagraph (P), indenting the subparagraph appropriately, and moving the subparagraph so as to appear after subparagraph (O) of section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) (as added by subsection (b)(5)).

(2) RESEARCH, DEMONSTRATION, AND EVALUATIONS.—Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended—

(A) in subsection (b)—

(i) by striking paragraphs (2) and (3);

(ii) by striking (b)(1)(A) The Secretary and inserting the following:

“(b) Demonstration projects; pilot projects.—

“(1) IN GENERAL.—The Secretary”;

(iii) in paragraph (1) (as so designated)—

(I) in subparagraph (D)—

(aa) in clause (i), in the matter preceding subclause (I), by striking subparagraph (A) and inserting paragraph (1);

(bb) in clause (ii), by striking clause (i) and inserting subparagraph (A); and

(cc) in clause (iii), by striking clause (i)(III) and inserting subparagraph (A)(iii);

(II) by redesignating subparagraph (D) as paragraph (4), and indenting appropriately;

(III) in subparagraph (C), by striking (C)(i) No waiver and inserting the following:

“(3) RESTRICTIONS.—

“(A) IN GENERAL.—No waiver”;

(IV) in subparagraph (B)—

(aa) in clause (i), in the matter preceding subclause (I), by striking subparagraph (A) and inserting paragraph (1);

(bb) in clause (ii)—

(AA) in the matter preceding subclause (I), by striking subparagraph (A) and inserting paragraph (1); and

(BB) in subclause (IV), by striking this paragraph and inserting this subsection;

(cc) in clause (iii), in the matter preceding subclause (I), by striking subparagraph (A) and inserting paragraph (1);

(dd) in clause (iv)—

(AA) in the matter preceding subclause (I), by striking subparagraph (A) and inserting paragraph (1);

(BB) in subclause (I), by striking the date of enactment of this subparagraph and inserting August 22, 1996;

(CC) in subclause (III)(aa), by striking 3(n) and inserting 3(q);

(DD) in subclause (III)(dd), by striking (2)(B) and inserting (1)(E)(ii);

(EE) in subclause (III)(ii), by striking this paragraph and inserting this subsection; and

(FF) in subclause (IV)(bb), by striking this subclause and inserting this clause; and

(ee) in clause (vi), by striking this paragraph and inserting this subsection; and

(V) by redesignating subparagraph (B) as paragraph (2) and indenting appropriately;

(iv) in paragraph (2) (as so redesignated)—

(I) by redesignating clauses (i) through (vi) as subparagraphs (A) through (F), respectively, and indenting appropriately;

(II) in subparagraph (A) (as so redesignated), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately;

(III) in subparagraph (B) (as so redesignated), by redesignating subclauses (I) through (IV) as clauses (i) through (iv), respectively, and indenting appropriately;

(IV) in subparagraph (C) (as so redesignated), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately; and

(V) in subparagraph (D) (as so redesignated)—

(aa) by redesignating subclauses (I) through (VII) as clauses (i) through (vii), respectively, and indenting appropriately;

(bb) in clause (iii) (as so redesignated), by redesignating items (aa) through (jj) as subclauses (I) through (X), respectively, and indenting appropriately; and

(cc) in clause (iv) (as so redesignated), by redesignating items (aa) and (bb) as subclauses (I) and (II), respectively, and indenting appropriately;

(v) in paragraph (3) (as so redesignated)—

(I) in subparagraph (A) (as so redesignated)—

(aa) in the matter preceding subclause (I), by striking the date of enactment of this subparagraph and inserting November 28, 1990; and

(bb) in clause (ii), by striking (ii) Clause (i) and inserting the following:

“(B) APPLICATION.—Subparagraph (A)”; and

(II) in subparagraph (A) (as so redesignated), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately; and

(vi) in paragraph (4) (as so redesignated)—

(I) by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively, and indenting appropriately; and

(II) in subparagraph (A) (as so redesignated), by redesignating subclauses (I) through (IV) as clauses (i) through (iv), respectively, and indenting appropriately;

(B) by striking subsection (d);

(C) by redesignating subsections (e) through (l) as subsections (d) through (k), respectively; and

(D) in subsection (e) (as so redesignated), in the first sentence, by striking subsection (b)(1) and inserting subsection (b).

(d) Authorization of appropriations.—Section 18 of the Food and Nutrition Act of 2008 (7 U.S.C. 2027) is amended by adding at the end the following:

“(i) Restriction.—No funds authorized to be appropriated under this Act shall be used to operate a workforce partnership under section 6(d)(4)(N).”.

(e) Conforming amendments.—

(1) Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by striking (d)(2) and inserting (d)(1)(E).

(2) Section 6(i)(3) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(i)(3)) is amended by striking (d) and inserting (d)(1).

(3) Section 7(h)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(6)) is amended by striking 17(f) and inserting 17(e).

(4) Section 7(i)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by striking 6(o)(2) and inserting 6(d)(2)(B).

(5) Section 7(j)(1)(G) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(j)(1)(G)) is amended by striking 17(f) and inserting 17(e).

(6) Section 11(n) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(n)) is amended by striking 17(b)(1) and inserting 17(b).

(7) Section 16(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(b)(4)) is amended by striking section 6(d) and inserting section 6(d)(1).

(8) Section 20(b)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2029(b)(1)) is amended by striking clause (B), (C), (D), (E), or (F) of section 6(d)(2) and inserting clause (ii), (iii), (iv), (v), or (vi) of section 6(d)(1)(E).

(9) Section 103(a)(2)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113(a)(2)(D)) is amended by striking section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) and inserting paragraph (2) of section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)).

(10) Section 121(b)(2)(B)(iv) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151(b)(2)(B)(iv)) is amended by striking section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) and inserting paragraph (2) of section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)).

(11) Section 23(b)(7)(D)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769d(b)(7)(D)(ii)) is amended by striking section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)) and inserting paragraph (2) of section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)).

(12) Section 24(g)(3)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769e(g)(3)(C)) is amended by striking section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)) and inserting paragraph (2) of section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)).

SEC. 4104. Improvements to electronic benefit transfer system.

(a) Prohibited fees.—Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended—

(1) in subsection (f)(2)(C), in the subparagraph heading, by striking Interchange and inserting Prohibited; and

(2) in subsection (h), by striking paragraph (13) and inserting the following:

“(13) PROHIBITED FEES.—

“(A) DEFINITION OF SWITCHING.—In this paragraph, the term switching means the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an EBT card in 1 State to the issuer of the card in—

“(i) the same State; or

“(ii) another State.

“(B) PROHIBITION.—

“(i) INTERCHANGE FEES.—No interchange fee shall apply to an electronic benefit transfer transaction under this subsection.

“(ii) OTHER FEES.—

“(I) IN GENERAL.—No fee charged by a benefit issuer (including any affiliate of a benefit issuer), or by any agent or contractor when acting on behalf of such benefit issuer, to a third party relating to the switching or routing of benefits to the same benefit issuer (including any affiliate of the benefit issuer) shall apply to an electronic benefit transfer transaction under this subsection.

“(II) EFFECTIVE DATE.—The prohibition under subclause (I) shall be effective through fiscal year 2022.”.

(b) EBT portability.—Section 7(f)(5) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by adding at the end the following:

“(C) OPERATION OF INDIVIDUAL POINT OF SALE DEVICE BY FARMERS' MARKETS AND DIRECT MARKETING FARMERS.—A farmers’ market or direct marketing farmer that is exempt under paragraph (2)(B)(i) shall be allowed to operate an individual electronic benefit transfer point of sale device at more than 1 location under the same supplemental nutrition assistance program authorization, if—

“(i) the farmers’ market or direct marketing farmer provides to the Secretary information on location and hours of operation at each location; and

“(ii) (I) the point of sale device used by the farmers’ market or direct marketing farmer is capable of providing location information of the device through the electronic benefit transfer system; or

“(II) if the Secretary determines that the technology is not available for a point of sale device to meet the requirement under subclause (I), the farmers' market or direct marketing farmer provides to the Secretary any other information, as determined by the Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.”.

(c) Evaluation of State electronic benefit transfer systems.—Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by adding at the end the following:

“(15) GAO EVALUATION AND STUDY OF STATE ELECTRONIC BENEFIT TRANSFER SYSTEMS.—

“(A) EVALUATION.—

“(i) IN GENERAL.—Not later than 18 months after the date of enactment of this paragraph, the Comptroller General of the United States (referred to in this paragraph as the Comptroller General) shall evaluate for each electronic benefit transfer system of a State agency selected in accordance with clause (ii)—

“(I) any type of fee charged—

“(aa) by the benefit issuer (or an affiliate, agent, or contractor of the benefit issuer) of the State agency for electronic benefit transfer-related services, including electronic benefit transfer-related services that did not exist before February 7, 2014; and

“(bb) to any retail food stores, including retail food stores that are exempt under subsection (f)(2)(B)(i) for electronic benefit transfer-related services;

“(II) in consultation with the Se