[Pages S4428-S4429]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3134. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 2, to provide for the reform and continuation of 
agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

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

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

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

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

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

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

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

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

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

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

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

[[Page S4429]]

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