What This Bill Does
This bill improves how the Department of Agriculture helps farmers and ranchers deal with disasters like droughts. It expands who can receive disaster help, allows permanent water systems to be built as part of emergency programs, and speeds up the approval process for drought-related projects on federal land.
##
Who It Affects
- Farmers and ranchers who grow crops or raise animals on federal, state or local government land
- Beekeepers and fish farmers
- Owners of private forests
- Government agencies including the Department of Agriculture, Department of the Interior, and Department of Commerce
##
Key Provisions
- Farmers and ranchers who have permits to use federal land or lease state/local land can now receive disaster payments under the emergency conservation program (Sec. 2)
- Permanent water wells and pipelines can be built as emergency measures instead of temporary fixes (Sec. 2)
- The 30-day public comment period can be skipped during drought emergencies for projects on federal land managed by the Interior Department (Sec. 2)
- Livestock producers who experience 4 consecutive weeks of poor grazing conditions get 1 monthly payment instead of needing 8 weeks for assistance (Sec. 4)
- Beekeepers can receive disaster payments when bees die from weather or drought, with payments based on how many hives they lose (Sec. 5)
- A working group of government agencies must meet within 180 days to improve how drought information is collected and shared (Sec. 6)
##
What Changes
The bill expands disaster assistance to include people with federal permits and those leasing government land who previously could not receive payments. It allows permanent water systems instead of only temporary emergency fixes. The approval process for drought projects on federal land gets faster by skipping the standard public comment requirement during declared drought emergencies. Beekeepers now have a clear way to get paid for bee losses, and ranchers with short grazing season problems can get help with fewer weeks of drought.
##
Important Definitions
- **Drought emergency**: A drought situation determined by the Secretary of Agriculture (Sec. 2)
- **Eligible entity**: For forest restoration, this includes owners of private forest land, people with federal permits to farm or graze, and people who lease state or local land for farming or grazing (Sec. 3)
- **Eligible land**: Private forests, federal land, and land owned by states or local governments (Sec. 3)
- **In-situ data**: Information collected from actual locations on the ground (Sec. 6)
- **Standardized expected mortality rate**: The bill defines this as 15 percent for purposes of paying beekeepers (Sec. 5)
##
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 555
To improve disaster assistance programs of the Department of Agriculture,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 28, 2023
Mr. THUNE (for himself and Mr. LUJA´N) introduced the following bill; which
was read twice and referred to the Committee on Agriculture, Nutrition,
and Forestry
A BILL
To improve disaster assistance programs of the Department
of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Livestock Disaster As-
4
sistance Improvement Act of 2023’’.
5
SEC. 2. EMERGENCY CONSERVATION PROGRAM.
6
Title IV of the Agricultural Credit Act of 1978 is
7
amended by inserting after section 402B (16 U.S.C.
8
2202b) the following:
9
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‘‘SEC. 402C. ADDITIONAL REQUIREMENTS FOR THE EMER-
1
GENCY CONSERVATION PROGRAM.
2
‘‘(a) ELIGIBILITY OF FEDERAL, STATE, AND LOCAL
3
LAND USERS.—
4
‘‘(1) IN
GENERAL.—An agricultural producer
5
eligible to receive payments under sections 401 and
6
402 includes a person that—
7
‘‘(A) holds a permit from the Federal Gov-
8
ernment to conduct agricultural production or
9
grazing on Federal land; or
10
‘‘(B) leases land from a State or unit of
11
local government to conduct agricultural pro-
12
duction or grazing on that land.
13
‘‘(2) EFFECT.—Nothing in this subsection au-
14
thorizes the Secretary to make a payment under sec-
15
tion 401 or 402 to a State or unit of local govern-
16
ment.
17
‘‘(b)
PERMANENT
IMPROVEMENTS.—Emergency
18
measures eligible for payments under sections 401 and
19
402 include—
20
‘‘(1) new permanent measures, including per-
21
manent water wells and pipelines; and
22
‘‘(2) replacement or restoration of existing
23
emergency measures with permanent measures, in-
24
cluding permanent water wells and pipelines.
25
‘‘(c) STREAMLINING APPLICATION PROCESS.—
26
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‘‘(1) WAIVER OF PUBLIC COMMENT.—During a
1
drought emergency, as determined by the Secretary,
2
the 30-day public comment period required under
3
the National Environmental Policy Act of 1969 (42
4
U.S.C. 4321 et seq.) shall be waived with respect to
5
an application to carry out emergency measures
6
under section 401 or 402 on land administered by
7
the Secretary of the Interior, acting through the Di-
8
rector of the Bureau of Land Management (referred
9
to in this subsection as the ‘Secretary of the Inte-
10
rior’).
11
‘‘(2) ACCEPTANCE
OF
NRCS
REVIEWS.—With
12
respect to an application to carry out emergency
13
measures under section 401 or 402 on land adminis-
14
tered by the Secretary of the Interior, the Secretary
15
of the Interior may accept—
16
‘‘(A) during a drought emergency, as de-
17
termined by the Secretary, an archeological re-
18
view conducted by the Secretary, acting through
19
the Chief of the Natural Resources Conserva-
20
tion Service, for purposes of an archeological
21
review required to be conducted;
22
‘‘(B) an environmental review under the
23
National Environmental Policy Act of 1969 (42
24
U.S.C. 4321 et seq.) conducted by the Sec-
25
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•S 555 IS
retary, acting through the Chief of the Natural
1
Resources Conservation Service, for purposes of
2
such an environmental review required to be
3
conducted; and
4
‘‘(C) a review under the Endangered Spe-
5
cies Act of 1973 (16 U.S.C. 1531 et seq.) con-
6
ducted by the Secretary, acting through the
7
Chief of the Natural Resources Conservation
8
Service, for purposes of such a review required
9
to be conducted.’’.
10
SEC. 3. EMERGENCY FOREST RESTORATION PROGRAM.
11
Section 407 of the Agricultural Credit Act of 1978
12
(16 U.S.C. 2206) is amended—
13
(1) in subsection (a)—
14
(A)
by
redesignating
paragraphs
(1)
15
through (3) as paragraphs (3) through (5), re-
16
spectively;
17
(B) by inserting before paragraph (3) (as
18
so redesignated) the following:
19
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
20
tity’ means—
21
‘‘(A) with respect to nonindustrial private
22
forest land, an owner of the nonindustrial pri-
23
vate forest land;
24
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‘‘(B) with respect to Federal land, a per-
1
son that holds a permit from the Federal Gov-
2
ernment to conduct agricultural production or
3
grazing on the Federal land; and
4
‘‘(C) with respect to land owned by a State
5
or a unit of local government, a person that
6
leases land from the State or unit of local gov-
7
ernment to conduct agricultural production or
8
grazing on that land.
9
‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’
10
means—
11
‘‘(A) nonindustrial private forest land;
12
‘‘(B) Federal land; and
13
‘‘(C) land owned by a State or unit of local
14
government.’’; and
15
(C) in paragraph (3) (as so redesig-
16
nated)—
17
(i) in subparagraph (A)—
18
(I) in the matter preceding clause
19
(i), by striking ‘‘nonindustrial private
20
forest land’’ and inserting ‘‘eligible
21
land’’; and
22
(II) by redesignating clauses (i)
23
and (ii) as subclauses (I) and (II), re-
24
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•S 555 IS
spectively,
and
indenting
appro-
1
priately;
2
(ii) by redesignating subparagraphs
3
(A) and (B) as clauses (i) and (ii), respec-
4
tively, and indenting appropriately;
5
(iii) in the matter preceding clause (i)
6
(as so redesignated), by striking ‘‘The
7
term’’ and inserting the following:
8
‘‘(A) IN GENERAL.—The term’’; and
9
(iv) by adding at the end the fol-
10
lowing:
11
‘‘(B) INCLUSIONS.—The term ‘emergency
12
measures’ includes—
13
‘‘(i) new permanent measures de-
14
scribed in subparagraph (A), including per-
15
manent water wells and pipelines; and
16
‘‘(ii) replacement or restoration of ex-
17
isting emergency measures with permanent
18
measures described in subparagraph (A),
19
including permanent water wells and pipe-
20
lines.’’;
21
(2) in subsection (b)—
22
(A) by striking ‘‘an owner of nonindustrial
23
private forest land who’’ and inserting ‘‘an eli-
24
gible entity that’’; and
25
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•S 555 IS
(B) by striking ‘‘restore the land’’ and in-
1
serting ‘‘restore eligible land’’;
2
(3) in subsection (c)—
3
(A) by striking ‘‘owner must’’ and insert-
4
ing ‘‘eligible entity shall’’; and
5
(B) by striking ‘‘nonindustrial private for-
6
est land’’ and inserting ‘‘eligible land’’;
7
(4) in subsection (d), by striking ‘‘an owner of
8
nonindustrial private forest land’’ and inserting ‘‘an
9
eligible entity’’;
10
(5) by redesignating subsection (e) as sub-
11
section (g); and
12
(6) by inserting after subsection (d) the fol-
13
lowing:
14
‘‘(e) STREAMLINING APPLICATION PROCESS.—
15
‘‘(1) WAIVER OF PUBLIC COMMENT.—During a
16
drought emergency, as determined by the Secretary,
17
the 30-day public comment period required under
18
the National Environmental Policy Act of 1969 (42
19
U.S.C. 4321 et seq.) shall be waived with respect to
20
an application to carry out emergency measures
21
under this section on land administered by the Sec-
22
retary of the Interior, acting through the Director of
23
the Bureau of Land Management (referred to in this
24
subsection as the ‘Secretary of the Interior’).
25
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•S 555 IS
‘‘(2) ACCEPTANCE
OF
NRCS
REVIEWS.—With
1
respect to an application to carry out emergency
2
measures under this section on land administered by
3
the Secretary of the Interior, the Secretary of the
4
Interior may accept—
5
‘‘(A) during a drought emergency, as de-
6
termined by the Secretary, an archeological re-
7
view conducted by the Secretary, acting through
8
the Chief of the Natural Resources Conserva-
9
tion Service, for purposes of an archeological
10
review required to be conducted;
11
‘‘(B) an environmental review under the
12
National Environmental Policy Act of 1969 (42
13
U.S.C. 4321 et seq.) conducted by the Sec-
14
retary, acting through the Chief of the Natural
15
Resources Conservation Service, for purposes of
16
such an environmental review required to be
17
conducted; and
18
‘‘(C) a review under the Endangered Spe-
19
cies Act of 1973 (16 U.S.C. 1531 et seq.) con-
20
ducted by the Secretary, acting through the
21
Chief of the Natural Resources Conservation
22
Service, for purposes of such a review required
23
to be conducted.
24
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•S 555 IS
‘‘(f) EFFECT.—Nothing in this section authorizes the
1
Secretary to make a payment under this section to a State
2
or unit of local government.’’.
3
SEC. 4. LIVESTOCK FORAGE DISASTER PROGRAM.
4
Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act
5
of 2014 (7 U.S.C. 9081(c)(3)(D)(ii)(I)) is amended—
6
(1) by striking ‘‘at least 8 consecutive’’ and in-
7
serting the following: ‘‘not less than—
8
‘‘(aa) 4 consecutive weeks
9
during the normal grazing period
10
for the county, as determined by
11
the Secretary, shall be eligible to
12
receive
assistance
under
this
13
paragraph in an amount equal to
14
1 monthly payment using the
15
monthly payment rate deter-
16
mined under subparagraph (B);
17
or
18
‘‘(bb) 8 consecutive’’; and
19
(2) in item (bb) (as so designated), by striking
20
‘‘1 monthly payment’’ and inserting ‘‘2 monthly pay-
21
ments’’.
22
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•S 555 IS
SEC. 5. EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY
1
BEES, AND FARM-RAISED FISH.
2
(a) IN GENERAL.—Section 1501(d) of the Agricul-
3
tural Act of 2014 (7 U.S.C. 9081(d)) is amended—
4
(1) in paragraph (1), by inserting ‘‘drought,’’
5
after ‘‘adverse weather,’’;
6
(2) in paragraph (2), by inserting ‘‘adverse
7
weather or drought (such as added transportation
8
costs, feed costs, and reduced honey crops for eligi-
9
ble producers of honey bees),’’ after ‘‘disease,’’;
10
(3) in paragraph (4)—
11
(A) by striking ‘‘In the case’’ and inserting
12
the following:
13
‘‘(A) IN GENERAL.—In the case’’; and
14
(B) by adding at the end the following:
15
‘‘(B) REQUIREMENTS.—The payment rate
16
under subparagraph (A) shall—
17
‘‘(i) in the case of eligible producers of
18
honey bees, incorporate per-hive and per-
19
colony rates of loss; and
20
‘‘(ii) incorporate a standardized ex-
21
pected mortality rate of 15 percent.’’; and
22
(4) by adding at the end the following:
23
‘‘(5) DOCUMENTATION.—
24
‘‘(A) IN GENERAL.—Any requirements for
25
the submission of documentation by an eligible
26
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•S 555 IS
producer to receive a payment under this sub-
1
section shall be consistent nationwide.
2
‘‘(B) PRODUCERS OF HONEY BEES.—The
3
Secretary, in consultation with eligible pro-
4
ducers of honey bees, shall establish a standard,
5
for purposes of this subsection, for—
6
‘‘(i) collecting data; and
7
‘‘(ii) setting an annual rate for replac-
8
ing colonies and hives of honey bees.’’.
9
(b) APPLICABILITY
TO
PRODUCERS
OF
HONEY
10
BEES.—The Secretary of Agriculture shall apply the
11
amendments made by subsection (a) to producers of honey
12
bees such that there is no limit on the size of a beekeeping
13
operation with respect to those amendments.
14
SEC. 6. DROUGHT MONITOR INTERAGENCY WORKING
15
GROUP.
16
(a) IN GENERAL.—Not later than 180 days after the
17
date of enactment of this Act, the Secretary of Agriculture
18
shall establish an interagency working group (referred to
19
in this section as the ‘‘working group’’) to improve the
20
availability of consistent, accurate, and reliable data for
21
use in producing the United States Drought Monitor in
22
accordance with section 12512 of the Agriculture Improve-
23
ment Act of 2018 (7 U.S.C. 5856).
24
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(b) MEMBERSHIP.—The working group shall consist
1
of not fewer than—
2
(1) 3 representatives from the Department of
3
Agriculture, including 1 representative from each
4
of—
5
(A) the Office of the Chief Economist, who
6
shall serve as the Chair of the working group;
7
(B) the Forest Service; and
8
(C) the Farm Service Agency;
9
(2) 4 representatives from the National Oceanic
10
and Atmospheric Administration, including 1 rep-
11
resentative from each of—
12
(A) the Climate Prediction Center;
13
(B) the National Centers for Environ-
14
mental Information;
15
(C) the National Integrated Drought In-
16
formation System; and
17
(D) the National Mesonet Program;
18
(3) 1 representative from the National Drought
19
Mitigation Center;
20
(4) 1 representative from the Department of
21
the Interior; and
22
(5) 3 representatives from mesonet programs in
23
States—
24
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•S 555 IS
(A) that have experienced severe drought,
1
as determined by the United States Drought
2
Monitor, in not less than 5 calendar years dur-
3
ing the period of calendar years 2012 through
4
2021; and
5
(B) more than 50 percent of the land area
6
of which is designated by the Economic Re-
7
search Service as a Level 1 frontier and remote
8
area.
9
(c) DUTIES.—The working group shall—
10
(1) develop a means for the inclusion of addi-
11
tional in-situ data into the process of developing the
12
United States Drought Monitor, including—
13
(A) determining minimum requirements
14
for data to be included in the United States
15
Drought Monitor;
16
(B) identifying data available from other
17
government agencies, including through portals
18
managed b
[Text truncated for display. Full text available on Congress.gov.]