S. 1389

119 S1389 IS: Conservation Reserve Enhancement Program Improvement Act of 2025
 U.S. Senate
 2025-04-09
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 II  119th CONGRESS  1st Session  S. 1389  IN THE SENATE OF THE UNITED STATES   April 9, 2025   Mr. Marshall  (for himself,  Mr. Bennet ,  Mr. Moran , and  Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the  Committee on Agriculture, Nutrition, and Forestry    A BILL
To amend the Food Security Act of 1985 to modify the conservation reserve enhancement program.
1.
Short title
This Act may be cited as the   Conservation Reserve Enhancement Program Improvement Act of 2025  .
2.
Conservation reserve enhancement program
(a)
In general
Section 1231A of the Food Security Act of 1985 ( 16 U.S.C. 3831a ) is amended—
(1)
in subsection (a)(4), in the matter preceding subparagraph (A), by inserting  (other than an agreement described in subsection (e))  after  this subchapter ;
(2)
in subsection (b)(2)(A)(vi), by inserting  or other appropriate practices, such as dryland agricultural uses and grazing,  after  conservation practices ;
(3)
in subsection (c), by adding at the end the following:
(5)
Variable allocation
An owner or operator may elect to determine the amounts of annual payments under this section allocated to each year of the agreement under subsection (b)(1).
(6)
Drought and water conservation agreements
(A)
Retirement of water rights
In the case of an agreement described in subsection (e) that includes a permanent retirement of water rights, the payment rates for annual payments shall be equal to the irrigated acre payment rates determined by the Secretary.
(B)
Dryland agricultural uses
(i)
In general
In the case of an agreement described in subsection (e) that permits dryland agricultural uses pursuant to paragraph (2) of that subsection, the payment rates for annual payments shall be equal to the difference between—
(I)
the irrigated acre payment rates determined by the Secretary; and
(II)
the dryland acre payment rates determined by the Secretary.
(ii)
Retroactive application
In the case of an agreement covered by clause (i) entered into before the date of enactment of this paragraph under which the payment rate is lower than the payment rate that would be calculated for the agreement under that clause, the Secretary shall modify the agreement by calculating the payment rate in accordance with that clause.
 ; and
(4)
in subsection (e)—
(A)
in the matter preceding paragraph (1), by striking  may—  and inserting  shall— ;
(B)
in paragraph (1), by inserting  (including agricultural land on which a continuous crop or crop rotation is maintained)  after  agricultural land ;
(C)
in paragraph (2), by striking  with the adoption of best management practices on  and inserting  in accordance with a conservation plan adopted with respect to ; and
(D)
in paragraph (3), by inserting  subject to subsection (c)(6),  before  calculate .
(b)
Exemption from payment limitation
Section 1234(g) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g) ) is amended—
(1)
in paragraph (1), by striking  paragraph (2)  and inserting  paragraphs (2) and (3) ; and
(2)
by adding at the end the following:
(3)
Conservation reserve enhancement program
Paragraph (1) shall not apply to rental payments received under agreements entered into under section 1231A.
 .