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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6821 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6821
To amend the Food Security Act of 1985 to establish a pilot program
that focuses Department of Agriculture conservation funding on reducing
the most problematic nutrients in the highest-impact areas, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 14, 2023
Ms. Kaptur (for herself and Mr. Gallagher) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to establish a pilot program
that focuses Department of Agriculture conservation funding on reducing
the most problematic nutrients in the highest-impact areas, and for
other purposes.
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 ``Healthy Farms Healthy Watersheds Act
of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes, the Chesapeake Bay, and other water
bodies of national significance are integral to the health and
wealth of millions of Americans;
(2) excessive loading of nutrients in these water bodies
leads to eutrophication, harmful algal blooms, and dead zones
that threaten human health and adversely impact fish and
wildlife resources, tourism, and industry;
(3) the Federal Government, State and local governments,
non-profit organizations, and private entities have expended
billions of dollars to reduce nutrient loading in the Great
Lakes, the Chesapeake Bay, and other water bodies of national
significance;
(4) despite the investments described in paragraph (3),
harmful algal blooms and dead zones continue to occur in the
Great Lakes, the Chesapeake Bay, and other water bodies of
national significance;
(5) phosphorus, particularly dissolved reactive phosphorus,
is a primary driver of eutrophication in the Great Lakes, the
Chesapeake Bay tributaries, and other water bodies of national
significance;
(6) targeted, strategic assistance to producers in
agricultural sub-watersheds with high levels of dissolved
reactive phosphorus loading has the potential to significantly
improve water quality the Great Lakes, the Chesapeake Bay, and
other water bodies of national significance; and
(7) the Natural Resources Conservation Service of the
Department of Agriculture is well positioned to provide the
targeted, strategic assistance described in paragraph (6)
through its conservation programs.
SEC. 3. HEALTHY FARMS HEALTHY WATERSHEDS ACTION PROGRAM.
Subchapter A of chapter 4 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. 1240H-1. HEALTHY FARMS HEALTHY WATERSHEDS ACTION PROGRAM.
``(a) Definitions.--In this section:
``(1) Covered agreement.--The term `covered agreement'
means a contract or agreement under the program or a covered
program entered into for purposes of the Healthy Farms Healthy
Watersheds Action Program carried out under this section.
``(2) Covered program.--The term `covered program' means
the following:
``(A) The agricultural conservation easement
program.
``(B) The regional conservation partnership
program.
``(C) The conservation stewardship program, not
including the grassland conservation initiative under
section 1240L-1.
``(D) The conservation reserve program.
``(E) The programs 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.
``(3) Eligible activity.--The term `eligible activity'
means a practice, activity, agreement, easement, or related
conservation measure that is available under the statutory
authority for the program or a covered program.
``(4) Eligible partner.--The term `eligible partner' means
an eligible partner under the regional conservation partnership
program established under subtitle I.
``(5) Priority watershed.--The term `priority watershed'
means a watershed that is--
``(A) delineated at the hydrologic unit code level
12 in the Watershed Boundary Dataset managed by the
United States Geological Survey;
``(B) located in an area designated by the
Secretary as a critical conservation area under section
1271F; and
``(C) designated by a Federal interagency task
force or council, or other appropriate Federal
interagency group, as a watershed most in need of
phosphorus reduction from agricultural activities to
improve water quality in a large body of water of
regional, national, or international significance.
``(b) In General.--The Secretary shall carry out a pilot program,
to be known as the Healthy Farms Healthy Watersheds Action Program, to
maximize reduction of dissolved reactive phosphorus in priority
watersheds through the implementation of eligible activities in such
watersheds under the program and covered programs in fiscal years 2025
through 2031.
``(c) Action Plans.--
``(1) In general.--Using funds made available under this
subchapter, the Secretary shall select priority watersheds for
purposes of the Healthy Farms Healthy Watersheds Action Program
and prepare for each priority watershed so selected an action
plan to maximize reduction of dissolved reactive phosphorus
through implementation of eligible activities in the watershed
under the program and covered programs.
``(2) Elements.--An action plan prepared under paragraph
(1) shall include--
``(A) an appraisal of the extent to which each
eligible activity available for implementation in the
watershed under the program or a covered program is
effective at reducing dissolved reactive phosphorus,
based on existing data and analysis;
``(B) identification of target implementation goals
for each eligible activity available for implementation
in the watershed under the program or a covered program
that is determined by the Secretary to be effective at
reducing dissolved reactive phosphorus;
``(C) a strategy to monitor and adaptively manage
implementation of the action plan, including
implementation of applicable eligible activities,
that--
``(i) leverages, to the maximum extent
practicable, ongoing water quality monitoring
activities carried out in the watershed by non-
profit organizations, colleges and
universities, and Federal, State, and local
government agencies; and
``(ii) provides for the development and
validation of integrated, reliable, and easy-
to-use models for predicting changes in
dissolved reactive phosphorus arising from
implementation of such eligible activities; and
``(D) a strategy for enhanced outreach to identify
and recruit eligible partners and producers in the
watershed to increase adoption of eligible activities
determined to be effective by the Secretary under
subparagraph (B).
``(d) Prioritization.--The Secretary shall prioritize entering into
covered agreements to demonstrate--
``(1) non-digester methods to transition from wet manure
handling and storage to dry manure handling and storage,
including open solar drying or composting of manure onsite,
conversion of dairy and livestock operations to pasture-based
management, solid separation technologies, vermifiltration, and
scrape conversion, provided that such methods do not otherwise
result in the discharge or runoff of wastewater with high
dissolved phosphorus content into a watershed;
``(2) methods to reduce dissolved reactive phosphorus
inputs to a priority watershed from land characterized by
phosphorus--
``(A) that has accumulated from prior agricultural
land management activities; and
``(B) the levels of which exceed agronomic rates;
and
``(3) strategies to overcome barriers to implementation of
methods to reduce dissolve reactive phosphorus inputs to
priority watersheds on vacant and leased land.
``(e) Incentive Payments.--Notwithstanding any otherwise applicable
limitation on payments under the program or a covered program, during
the period described in subsection (b), the Secretary is authorized to
make payments to producers and eligible partners under covered
agreements in accordance with a graduated scale of payment amounts
based on measured, quantitative reductions in dissolved reactive
phosphorus achieved through the implementation of eligible activities
under the covered agreements.
``(f) Interpretation.--Nothing in this subsection shall be
construed to affect--
``(1) the duration authorized for a contract or agreement
under the program or a covered program;
``(2) any contract or agreement entered into under the
program or a covered program prior to the date of enactment of
the Healthy Farms Healthy Watersheds Act of 2023, including the
process or criteria for renewing or extending such a contract
or agreement; or
``(3) any requirements relating to the program or a covered
program for any other purpose for which the program or covered
program is implemented.
``(g) Coordination and Consistency.--
``(1) In general.--In carrying out the Healthy Farms
Healthy Watersheds Action Program, the Secretary shall
coordinate with relevant Federal agencies and State and local
governments.
``(2) Action plans.--The Secretary shall ensure that any
action plan prepared for a priority watershed under subsection
(c) is consistent to the maximum extent practicable with any
State water quality management plan that includes the priority
watershed.
``(h) Supplement Not Supplant.--Assistance provided under the
Healthy Farms Healthy Watersheds Action Program shall supplement, not
supplant, assistance provided to eligible partners or producers in a
priority watershed under the program or a covered program for purposes
other than the purposes of the Healthy Farms Healthy Watersheds Action
Program.
``(i) Reports.--The Secretary shall provide to the Committee on
Agriculture of the House of Representatives and to the Committee on
Agriculture, Nutrition, and Forestry of the Senate--
``(1) not later than January 1, 2027, an interim report on
implementation of the Healthy Farms Healthy Watersheds Action
Program; and
``(2) not later than June 1, 2032, a final report on
implementation of the Healthy Farms Healthy Watersheds Action
Program.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H6966)
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation, Research, and Biotechnology.
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