No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5133 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5133
To provide for the conservation of the Chesapeake Bay, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2023
Mr. Wittman (for himself, Mr. Sarbanes, Ms. Spanberger, and Mr. Scott
of Virginia) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To provide for the conservation of the Chesapeake Bay, 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 ``Chesapeake Bay Conservation
Acceleration Act of 2023''.
SEC. 2. CHESAPEAKE BAY STATES' PARTNERSHIP INITIATIVE.
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. 3939bb-2)
the following:
``SEC. 1240Q. CHESAPEAKE BAY STATES' PARTNERSHIP INITIATIVE.
``(a) Definition of Chesapeake Bay Watershed.--In this section, the
term `Chesapeake Bay watershed' means--
``(1) the Chesapeake Bay;
``(2) the portions of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, and West Virginia that contain
the tributaries, backwaters, and side channels, including their
watersheds, that drain into the Chesapeake Bay; and
``(3) the District of Columbia.
``(b) Establishment and Purpose.--The Secretary shall carry out a
Chesapeake Bay States' Partnership Initiative (referred to in this
section as the `Initiative') to assist producers in implementing
conservation activities on agricultural lands in the Chesapeake Bay
watershed for the purposes of--
``(1) improving water quality and quantity in the
Chesapeake Bay watershed;
``(2) restoring, enhancing, and preserving soil, air, and
related resources in the Chesapeake Bay watershed; and
``(3) increasing the resilience of agricultural production
in the Chesapeake Bay watershed to withstand the impacts of
climate change.
``(c) Conservation Activities.--The Secretary shall deliver the
funds made available to carry out this section through applicable
programs under this subtitle, including by providing enrollment
opportunities that are targeted to the Chesapeake Bay watershed, to
assist producers in enhancing land and water resources--
``(1) by controlling erosion and reducing sediment and
nutrient levels in ground and surface water; and
``(2) by planning, designing, implementing, and evaluating
habitat conservation, restoration, and enhancement measures
where there is significant ecological value if the land is--
``(A) retained in its current use; or
``(B) restored to its natural condition.
``(d) Considerations.--In delivering the funds made available to
carry out this section, the Secretary shall give special consideration
to applications--
``(1) submitted by producers in the most effective river
basins for nutrient reduction; or
``(2) to carry out conservation activities that reduce
nitrogen and sediment, improve management of livestock and
waste, and conserve wetlands.
``(e) Duties of the Secretary.--In carrying out this section, the
Secretary shall--
``(1) where available, use existing plans, models, and
assessments to assist producers in implementing conservation
activities; and
``(2) proceed expeditiously to deliver funding to a
producer to implement conservation activities that are
consistent with State strategies for the restoration of the
Chesapeake Bay watershed.
``(f) Consultation and Coordination.--The Secretary shall--
``(1) in consultation with appropriate Federal agencies,
ensure conservation activities carried out under this section
complement Federal, State, and local programs, including
programs that address water quality, in the Chesapeake Bay
watershed; and
``(2) in carrying out this section, coordinate with the
Farm Service Agency to identify needs and opportunities for
buffer management on land subject to a contract under the
conservation reserve program under subchapter B of chapter 1
that may be expiring soon.
``(g) Task Force.--
``(1) In general.--The Secretary and the Administrator of
the Environmental Protection Agency shall jointly establish a
Federal task force, to be known as the `Task Force on Crediting
Chesapeake Bay Conservation Investments' (referred to in this
subsection as the `task force').
``(2) Action plan.--The task force shall develop an action
plan that--
``(A) identifies improvements to the processes of
analyzing, reporting, and quantifying nutrient
reductions from conservation activities in the
Chesapeake Bay watershed;
``(B) is responsive to the needs of States in the
Chesapeake Bay watershed (including the District of
Columbia) and the agricultural community;
``(C) maintains the scientific integrity of the
decision-making process and accounting tools under the
Chesapeake Bay Program (as defined in section 117(a) of
the Federal Water Pollution Control Act (33 U.S.C.
1267(a))); and
``(D) ensures producer privacy is protected.
``(3) Identification of opportunities.--The task force
shall leverage findings from successful data sharing pilots to
identify opportunities to integrate time-saving technologies
for the implementation of conservation activities in the
Chesapeake Bay watershed.
``(h) Funding.--Of the funds made available by section 1241(a) of
this Act or section 21001(a) of Public Law 117-169 (136 Stat. 2015),
the Secretary shall use to carry out this section $75,000,000 for each
of fiscal years 2024 through 2027, to remain available until
expended.''.
SEC. 3. CONSERVATION RESERVE ENHANCEMENT PROGRAM PARTICIPATION.
(a) Conservation Reserve.--
(1) Eligible land.--Section 1231(b) of the Food Security
Act of 1985 (16 U.S.C. 3831(b)) is amended--
(A) in paragraph (6)(B)(ii), by striking ``or'' at
the end;
(B) in paragraph (7)(C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(8) cropland, marginal pastureland, grasslands, and other
rural land that will--
``(A) have a positive impact on water quality in
furtherance of the goals of the Conservation Reserve
Enhancement Program established by the Secretary under
section 1231A; and
``(B) be devoted to a riparian buffer.''.
(2) Conservation reserve enhancement program.--Section
1231A of the Food Security Act of 1985 (16 U.S.C. 3831a) is
amended--
(A) in subsection (b)(3), by adding at the end the
following:
``(C) Updates to existing agreements.--
``(i) In general.--The Secretary shall
provide an option to signatories to an
agreement under this subsection to update the
agreement, without renegotiating other
provisions of the agreement, to include new
incentives made available under this subchapter
beginning on January 1, 2018, such as riparian
forest buffer management payments.
``(ii) Matching funds.--Requirements for
matching funds described in paragraph (2)(B)
shall not apply to the updates to an agreement
described clause (i).
``(D) Amendments to an agreement.--
``(i) In general.--In the case of an
amendment to an agreement under this
subsection, including an addendum to an
agreement, the Secretary shall--
``(I) streamline the amendment
process relating to time-sensitive
national priorities, including the
Chesapeake Bay total maximum daily
load; and
``(II) give priority to simple
amendments to update existing
agreements in accordance with
subparagraph (C).
``(ii) Simple amendments.--A simple
amendment of an agreement under this subsection
shall not constitute a renegotiation of the
agreement.''.
(3) Payments.--Section 1234 of the Food Security Act of
1985 (16 U.S.C. 3834) is amended--
(A) in subsection (b)(4)--
(i) by striking ``In addition'' and
inserting the following:
``(A) In general.--In addition''; and
(ii) by adding at the end the following:
``(B) Minimum payment for certain contracts.--In
the case of a contract updated under section
1231A(b)(3)(C), the incentive payment under
subparagraph (A) shall be in an amount that is not less
than 40 percent of the actual costs described in that
subparagraph.''; and
(B) in subsection (g)(1), by striking ``$50,000''
and inserting ``$100,000''.
(b) Environmental Quality Incentives Program.--
(1) Conservation incentive contracts.--Section
1240B(j)(2)(C) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(j)(2)(C)) is amended--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) consider participation in the
conservation reserve program and the
conservation reserve enhancement program under
subchapter B of chapter 1, and practices under
those programs, such as riparian buffers, in
prioritizing grazing practices under the
program established by this subchapter with
respect to the efficient implementation of
grazing systems to holistically address
resource concerns.''.
(2) Evaluation of applications.--Section 1240C(b) of the
Food Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is amended--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) that would include grazing practices under the
program established by this subchapter, in consideration of
participation in the conservation reserve program and the
conservation reserve enhancement program under subchapter B of
chapter 1, and practices under those programs, such as riparian
buffers, with respect to the efficient implementation of
grazing systems to holistically address resource concerns.''.
SEC. 4. CHESAPEAKE BAY WATERSHED TURNKEY PILOT PROGRAM.
Section 1231C of the Food Security Act of 1985 (16 U.S.C. 3831c) is
amended by adding at the end the following:
``(c) Chesapeake Bay Watershed Turnkey Pilot Program.--
``(1) Definitions.--In this subsection:
``(A) CREP definitions.--The terms `CREP',
`eligible land', and `management' have the meanings
given those terms in section 1231A(a).
``(B) Eligible practice.--The term `eligible
practice' means a forested riparian buffer practice
under a CREP and any associated activities, including--
``(i) a stream crossing;
``(ii) fencing and alternate water systems;
``(iii) herbicide applications; and
``(iv) any other activity that is
appropriate to establish the practice.
``(C) Technical service provider.--The term
`technical service provider' means a third-party
provider with which the Secretary enters into an
agreement described in paragraph (5)(A).
``(2) Establishment.--The Secretary shall establish a pilot
program under which the Secretary shall provide, for voluntary
owners and operators, establishment and management of eligible
practices on eligible land located in the Chesapeake Bay
watershed that is enrolled through a CREP.
``(3) Duties of the secretary.--With respect to eligible
land enrolled through the pilot program under this subsection,
the Secretary shall--
``(A) provide, for an owner or operator,
establishment and management of an eligible practice on
the eligible land, which may be provided by a technical
service provider pursuant to an agreement under
paragraph (5); and
``(B) not require the owner or operator--
``(i) to pay any costs of the establishment
or management of the eligible practice,
including any compensation provided under
paragraph (5)(C); or
``(ii) to submit to the Secretary any
additional paperwork with respect to the pilot
program under this subsection.
``(4) Duties of owners and operators.--With respect to
eligible land enrolled through the pilot program under this
subsection, an owner or operator of the eligible land--
``(A) shall provide to the Secretary and any
technical service providers, as applicable, access to
the eligible land for purposes of the establishment or
management of the eligible practice; and
``(B) may not receive any cost-share payment,
practice incentive payment, or management payment under
this subchapter with respect to the eligible practice.
``(5) Agreements with technical service providers.--
``(A) In general.--The Secretary may enter into an
agreement under section 1242 with 1 or more third-party
providers certified under that section, including those
certified through a streamlined certification process
under subsection (e)(5) of that section, and that
provide technical assistance under this title in the
Chesapeake Bay watershed to conduct the establishment
and management of an eligible practice on eligible land
under the pilot program under this subsection.
``(B) Activities.--In addition to any activity that
a technical service provider may conduct pursuant to
section 1242 relating to the establishment of an
eligible practice, a technical service provider may
carry out such activities as are necessary to conduct
the establishment and management of an eligible
practice.
``(C) Compensation.--Under an agreement entered
into under subparagraph (A), the Secretary shall
provide to a technical service provider reasonable
compensation for services provided under the agreement,
including administrative, technical assistance, design,
and installation costs.
``(6) Report to congress.--Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
submit to the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House of
Representatives a report describing the status of, and any
activities carried out under, the pilot program under this
subsection.''.
SEC. 5. CHESAPEAKE BAY WATERSHED WORKFORCE DEVELOPMENT.
(a) Grants and Fellowships for Food and Agricultural Sciences
Education.--Section 1417 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``other colleges and universities'' and
inserting ``other institutions of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001))''; and
(B) in paragraph (3), by striking ``food and
agricultural sciences teaching programs, or teaching
programs emphasizing'' and inserting ``teaching
programs, including paid work-based learning (as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302)), for
food and agricultural sciences or'';
(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) applications for teaching enhancement projects,
including paid work-based learning (as defined in section 3 of
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302)), that address a need for additional trained
professionals in food and agricultural sciences or rural
economic, community, and business development.''; and
(3) in subsection (m)--
(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) $60,000,000 for each of fiscal years 2024 through
2033.''.
(b) Experienced Services Program.--Section 1252(a)(2) of the Food
Security Act of 1985 (16 U.S.C. 3851(a)(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) assisting cooperative initiatives under
section 1417(b)(3) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3152(b)(3)) to improve higher education teaching
programs, including paid work-based learning (as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302)), at
institutions of higher education.''.
SEC. 6. PRIMARY REGULATORY OVERSIGHT FOR DOMESTIC, WILD-CAUGHT,
INVASIVE CATFISH.
(a) Exemption of Domestic, Wild-Caught, Invasive Catfish From USDA
Oversight.--
(1) Food safety and inspection service.--Section 1(w)(2) of
the Federal Meat Inspection Act (21 U.S.C. 601(w)(2)) is
amended by inserting ``, except for domestic, wild-caught blue
catfish (Ictalurus furcatus) and flathead catfish (Pylodictis
olivaris) invasive to the Chesapeake Bay ecosystem'' after
``Siluriformes''.
(2) USDA grading program.--Section 203(n)(1) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(n)(1)) is
amended by inserting ``, except for domestic, wild-caught blue
catfish (Ictalurus furcatus) and flathead catfish (Pylodictis
olivaris) invasive to the Chesapeake Bay ecosystem'' after
``Siluriformes''.
(b) Interagency Coordination.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Agriculture (referred
to in this section as the ``Secretary'') shall execute a memorandum of
understanding with the Commissioner of Food and Drugs (referred to in
this section as the ``Commissioner'') for the purpose of transferring
primary regulatory oversight of the domestic and import inspection of
domestic, wild-caught blue catfish (Ictalurus furcatus) and flathead
catfish (Pylodictis olivaris) invasive to the Chesapeake Bay ecosystem
from the Secretary to the Commissioner, pursuant to the authorities of
the Commissioner under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), the Fair Packaging and Labeling Act (15 U.S.C.
1451 et seq.), and the Public Health Service Act (42 U.S.C. 201 et
seq.).
(c) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Commissioner, shall issue final regulations to carry out this Act and
the amendments made by this Act, as applicable, in a manner that
ensures that there is no duplication in inspection activities relating
to domestic, wild-caught blue catfish (Ictalurus furcatus) and flathead
catfish (Pylodictis olivaris) invasive to the Chesapeake Bay ecosystem.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation, Research, and Biotechnology.
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