Preserving Marginal Lands and Protecting Farming Act of 2013

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 349 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 349

    To amend the Food Security Act of 1985 with respect to maximum 
   enrollment and eligible land in the conservation reserve program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 22, 2013

   Mrs. Roby (for herself, Mr. Bonner, Mr. Bachus, and Ms. Sewell of 
   Alabama) introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
    To amend the Food Security Act of 1985 with respect to maximum 
   enrollment and eligible land in the conservation reserve program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Marginal Lands and 
Protecting Farming Act of 2013''.

SEC. 2. MAXIMUM ENROLLMENT.

    Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 
3831(d)) is amended to read as follows:
    ``(d) Maximum Enrollment.--The Secretary may maintain in the 
conservation reserve at any 1 time, not more than--
            ``(1) during fiscal year 2013, 29,000,000 acres;
            ``(2) during fiscal year 2014, 26,000,000 acres; and
            ``(3) during each of fiscal years 2015 through 2018, 
        24,000,000 acres.''.

SEC. 3. INELIGIBLE LAND.

    Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is 
amended by adding at the end the following new subsection:
    ``(j) Ineligible Land.--Notwithstanding any other provision of this 
section, after the date of enactment of this subsection, the Secretary 
may not enroll land in the conservation reserve that is classified as 
class I or class II land under the land capability classification 
system published in the National Soil Survey Handbook of the Natural 
Resources Conservation Service, unless such land is enrolled as a 
buffer, filterstrip, or strip adjacent to a riparian area.''.

SEC. 4. CONTRACT REQUIREMENTS.

    (a) Early Termination by Owner or Operator.--Section 1235(e) of the 
Food Security Act of 1985 (16 U.S.C. 3835(e)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``The Secretary'' and inserting 
                ``During fiscal year 2014, the Secretary''; and
                    (B) by striking ``before January 1, 1995,'';
            (2) in paragraph (2), by striking subparagraph (C) and 
        inserting the following:
                    ``(C) Land devoted to hardwood trees.
                    ``(D) Wildlife habitat, duck nesting habitat, 
                pollinator habitat, upland bird habitat buffer, 
                wildlife food plots, State acres for wildlife 
                enhancement, shallow water areas for wildlife, and rare 
                and declining habitat.
                    ``(E) Farmable wetland and restored wetland.
                    ``(F) Land that contains diversions, erosion 
                control structures, flood control structures, contour 
                grass strips, living snow fences, salinity reducing 
                vegetation, cross wind trap strips, and sediment 
                retention structures.
                    ``(G) Land located within a federally-designated 
                wellhead protection area.
                    ``(H) Land that is covered by an easement under the 
                conservation reserve program.
                    ``(I) Land located within an average width, 
                according to the applicable Natural Resources 
                Conservation Service field office technical guide, of a 
                perennial stream or permanent water body.''; and
            (3) in paragraph (3), by striking ``60 days after the date 
        on which the owner or operator submits the notice required 
        under paragraph (1)(C)'' and inserting ``upon approval by the 
        Secretary''.
    (b) Transition Option for Certain Farmers or Ranchers.--Section 
1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``Duties'' and all that follows through ``a 
                beginning farmer'' and inserting ``Transition to 
                covered farmer or rancher.--In the case of a contract 
                modification approved in order to facilitate the 
                transfer of land subject to a contract from a retired 
                farmer or rancher to a beginning farmer'';
                    (B) in subparagraph (A)(i), by inserting ``, 
                including preparing to plant an agricultural crop'' 
                after ``improvements'';
                    (C) in subparagraph (D), by striking ``the farmer 
                or rancher'' and inserting ``the covered farmer or 
                rancher''; and
                    (D) in subparagraph (E), by striking ``section 
                1001A(b)(3)(B)'' and inserting ``section 1001(a)''; and
            (2) in paragraph (2), by striking ``requirement of section 
        1231(h)(4)(B)'' and inserting ``option pursuant to section 
        1231(h)''.
    (c) Final Year Contract.--Section 1235 of the Food Security Act of 
1985 (16 U.S.C. 3835) is amended by adding at the end the following new 
subsection:
    ``(g) Final Year of Contract.--The Secretary shall not consider an 
owner or operator to be in violation of a term or condition of the 
conservation reserve contract if--
            ``(1) during the year prior to expiration of the contract, 
        the land is enrolled in the conservation stewardship program; 
        and
            ``(2) the activity required under the conservation 
        stewardship program pursuant to such enrollment is consistent 
        with this subchapter.''.
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