119-s971

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 971 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 971

 To provide for the conservation of the Chesapeake Bay, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 11, 2025

Mr. Van Hollen (for himself, Ms. Alsobrooks, Mr. Fetterman, Mr. Kaine, 
and Mr. Warner) introduced the following bill; which was read twice and 
 referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

 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 2025''.

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 1240M (16 U.S.C. 3839bb) the 
following:

``

SEC. 1240N. CHESAPEAKE BAY STATES PARTNERSHIP INITIATIVE.

 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Chesapeake bay watershed.--The term `Chesapeake Bay 
 watershed' means--
 ``
        (A) the Chesapeake Bay;
 ``
        (B) 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
 ``
            (C) the District of Columbia.
 ``

    (2) Initiative.--The term `Initiative' means the 
 Chesapeake Bay States Partnership Initiative established under 
 subsection

    (b) .
 ``

    (b) Establishment and 

=== Purpose ===
-The Secretary shall establish and 
carry out an initiative, to be known as the `Chesapeake Bay States 
Partnership Initiative', to assist producers in implementing 
conservation activities on agricultural land in the Chesapeake Bay 
watershed for the purposes of--
 ``

    (1) improving water quality and quantity;
 ``

    (2) restoring, enhancing, and preserving soil, air, and 
 related resources; and
 ``

    (3) increasing the resilience of agricultural production 
 to withstand the impacts of climate change.
 ``
            (c) Conservation Activities.--The Secretary shall provide funds 
made available to carry out the Initiative through applicable programs 
under this subtitle, including by providing enrollment opportunities 
that are targeted to the Chesapeake Bay watershed, to assist producers 
in the Chesapeake Bay watershed in enhancing land and water resources 
by--
 ``

    (1) controlling erosion and reducing sediment and 
 nutrient levels in groundwater and surface water; and
 ``

    (2) planning, designing, implementing, and evaluating 
 habitat conservation, restoration, and enhancement measures in 
 cases in which there is significant ecological value if the 
 applicable land is--
 ``
        (A) retained in the current use of the land; or
 ``
        (B) restored to the natural condition of the 
 land.
 ``
            (d) Considerations.--In providing funds under the Initiative, the 
Secretary shall give special consideration to applications--
 ``

    (1) submitted by producers in the Chesapeake Bay 
 watershed river basins in which nutrient reduction efforts 
 would be most effective; or
 ``

    (2) to carry out conservation activities that reduce 
 nitrogen and sediment, improve management of livestock and 
 waste, or conserve wetlands in the Chesapeake Bay watershed.
 ``

    (e) Duties of Secretary.--In carrying out the Initiative, the 
Secretary shall--
 ``

    (1) as available, use existing plans, models, and 
 assessments to assist producers in implementing conservation 
 activities; and
 ``

    (2) proceed expeditiously to provide funding to producers 
 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 that conservation activities carried out under the 
 Initiative 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 on Crediting Chesapeake Bay Conservation 
Investments.--
 ``

    (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 
 decisionmaking 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 pilot 
 projects to identify opportunities to integrate time-saving 
 technologies for the implementation of conservation activities 
 in the Chesapeake Bay watershed.''.

SEC. 3. CONSERVATION RESERVE ENHANCEMENT PROGRAM PARTICIPATION.

    (a) Conservation Reserve.--

    (1) Reauthorization.--

Section 1231

    (a) of the Food Security 
 Act of 1985 (16 U.S.C. 3831

    (a) ) is amended by striking ``the 
 2023 fiscal year'' and inserting ``fiscal year 2028''.

    (2) 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 under 

section 1231A; and
 ``
        (B) be devoted to a riparian buffer.''.

    (3) Conservation reserve enhancement program.--

Section 1231A

    (b) of the Food Security Act of 1985 (16 U.S.C. 3831a

    (b) ) 
 is amended--
        (A) in paragraph

    (3) , by adding at the end the 
 following:
 ``
            (C) Updates.--
 ``
            (i) In general.--The Secretary shall 
 provide to each signatory to an agreement under 
 this subsection an option 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 an update to an agreement 
 under clause
            (i) .''; and
        (B) by adding at the end the following:
 ``

    (4) Amendments.--
 ``
        (A) In general.--In the case of an amendment to 
 an agreement under this subsection, including an 
 addendum to such 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 paragraph

    (3)
            (C) .
 ``
        (B) Simple amendments.--A simple amendment to an 
 agreement described in subparagraph
        (A)
            (ii) shall not 
 constitute a renegotiation of the agreement.''.

    (4) 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) Chesapeake bay watershed.--The term 
 `Chesapeake Bay watershed' has the meaning given the 
 term in 

section 1240N

    (a) .
 ``
        (B) CREP 

=== definitions. ===
-The terms `CREP', 
 `eligible land', and `management' have the meanings 
 given those terms in 

section 1231A

    (a) .
 ``
            (C) 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.
 ``
            (D) Pilot program.--The term `pilot program' 
 means the pilot program established under paragraph

    (2) .
 ``
        (E) Technical service provider.--The term 
 `technical service provider' means a third-party 
 provider with which the Secretary enters into an 
 agreement under 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 secretary.--With respect to eligible land 
 enrolled through the pilot program, the Secretary--
 ``
        (A) may provide, for the owner or operator, 
 establishment and management of an eligible practice on 
 the eligible land using a technical service provider 
 pursuant to an agreement under paragraph

    (5) ; and
 ``
        (B) shall not require the owner or operator--
 ``
            (i) to pay any costs of the establishment 
 or management of an 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.
 ``

    (4) Duties of owners and operators.--Each owner or 
 operator of eligible land enrolled through the pilot program--
 ``
        (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 an eligible practice under the pilot 
 program; and
 ``
        (B) may not receive any cost-share payment, 
 practice incentive payment, or management payment under 
 this subchapter with respect to an eligible practice 
 under the pilot program.
 ``

    (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 a 
 third-party provider certified through a streamlined 
 certification process under subsection

    (e)

    (5) of that 
 section, 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.
 ``
        (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 under the pilot program.
 ``
            (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 assistance, technical 
 assistance, design assistance, 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.''.

SEC. 5. WORKFORCE DEVELOPMENT.

    (a) Grants and Fellowships for Food and Agricultural Sciences 
Education.--

    (1) In general.--

Section 1417 of the National Agricultural 
 Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
 3152) is amended--
        (A) in subsection

    (b) --
            (i) in the matter preceding paragraph

    (1) , 
 by inserting ``, junior or community colleges, 
 and postsecondary vocational institutions'' 
 after ``other colleges and universities''; and
            (ii) in paragraph

    (3) , by striking ``food 
 and agricultural sciences teaching programs, or 
 teaching programs emphasizing'' and inserting 
 ``teaching programs, including paid work-based 
 learning, for food and agricultural sciences 
 or'';
        (B) in subsection
            (c) --
            (i) in paragraph

    (1) , by striking ``and'' 
 at the end;
            (ii) in paragraph

    (2) , by striking the 
 period at the end and inserting ``; and''; and
            (iii) by adding at the end the following:
 ``

    (3) applications for teaching enhancement projects, 
 including paid work-based learning, that address a need for 
 additional trained professionals in food and agricultural 
 sciences or rural economic development, community development, 
 or business development.'';
            (C) in subsection

    (j) --
            (i) by striking paragraph

    (1) ; and
            (ii) by redesignating paragraphs

    (2) and

    (3) as paragraphs

    (1) and

    (2) , respectively;
            (D) in subsection
            (l) , by striking ``subsection

    (j) '' and inserting ``subsection

    (k) '';
        (E) in subsection
            (m) --
            (i) in paragraph

    (1) , by striking ``and'' 
 at the end;
            (ii) in paragraph

    (2) , by striking the 
 period at the end and inserting ``; and''; and
            (iii) by adding at the end the following:
 ``

    (3) $60,000,000 for each of fiscal years 2026 through 
 2031.'';
        (F) by striking ``subsection

    (b) '' each place it 
 appears and inserting ``subsection
            (c) '';
        (G) by redesignating subsections

    (a) through
            (m) as 
 subsections

    (b) through

    (n) , respectively; and
        (H) by inserting before subsection

    (b) (as so 
 redesignated) the following:
 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Institution of higher education.--The term 
 `institution of higher education' has the meaning given the 
 term in 

section 101 of the Higher Education Act of 1965 (20 
 U.S.C. 1001).
 ``

    (2) Junior or community college.--The term `junior or 
 community college' has the meaning given the term in 

section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058).
 ``

    (3) Postsecondary vocational institution.--The term 
 `postsecondary vocational institution' has the meaning given 
 the term in 

section 102
            (c) of the Higher Education Act of 1965 
 (20 U.S.C. 1002
            (c) ).
 ``

    (4) Secondary school.--The term `secondary school' has 
 the meaning given the term in 

section 8101 of the Elementary 
 and Secondary Education Act of 1965 (20 U.S.C. 7801).
 ``

    (5) Work-based learning.--The term `work-based learning' 
 has the meaning given the term in 

section 3 of the Carl D. 
 Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
 2302).''.

    (2) Conforming amendments.--
        (A) Section 708 of the Agriculture, Rural 
 Development, Food and Drug Administration, and Related 
 Agencies Appropriations Act, 1992 (7 U.S.C. 2209b), is 
 amended by striking ``

section 1417

    (b)

    (6) of the 
 National Agricultural Research, Extension, and Teaching 
 Policy Act of 1977, as amended (7 U.S.C. 3152

    (b)

    (6) )'' 
 and inserting ``subsection
            (c) (6) of 

section 1417 of 
 the National Agricultural Research, Extension, and 
 Teaching Policy Act of 1977 (7 U.S.C. 3152)''.
        (B) Section 251

    (f)

    (1) of the Department of 
 Agriculture Reorganization Act of 1994 (7 U.S.C. 
 6971

    (f)

    (1) ) is amended--
            (i) in subparagraph
            (C) 
            (v) , by striking 
 ``

section 1417

    (b) of the National Agricultural 
 Research, Extension, and Teaching Policy Act of 
 1977 (7 U.S.C. 3152

    (b) )'' and inserting 
 ``subsection
            (c) of 

section 1417 of the 
 National Agricultural Research, Extension, and 
 Teaching Policy Act of 1977 (7 U.S.C. 3152)''; 
 and
            (ii) in subparagraph
            (D) 
            (v) , by striking 
 ``

section 1417

    (j) of the National Agricultural 
 Research, Extension, and Teaching Policy Act of 
 1977 (7 U.S.C. 3152

    (j) )'' and inserting 
 ``subsection

    (k) of 

section 1417 of the 
 National Agricultural Research, Extension, and 
 Teaching Policy Act of 1977 (7 U.S.C. 3152)''.

    (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 
 subsection
            (c) (3) of 

section 1417 of the National 
 Agricultural Research, Extension, and Teaching Policy 
 Act of 1977 (7 U.S.C. 3152) to improve higher education 
 teaching programs, including paid work-based learning, 
 at--
 ``
            (i) land-grant colleges and universities 
 (including the University of the District of 
 Columbia);
 ``
            (ii) colleges and universities having 
 significant minority enrollments and a 
 demonstrable capacity to carry out the teaching 
 of food and agricultural sciences; and
 ``
            (iii) other colleges and universities, 
 junior or community colleges (as defined in 
 

section 312 of the Higher Education Act of 1965 
 (20 U.S.C. 1058)), and postsecondary vocational 
 institutions (as defined in 

section 102
            (c) of 
 the Higher Education Act of 1965 (20 U.S.C. 
 1002
            (c) )) having a demonstrable capacity to 
 carry out the teaching of food and agricultural 
 sciences.''.
            (c) Competitive, Special, and Facilities Research Grants.--
Subsection

    (b) of the Competitive, Special, and Facilities Research 
Grant Act (7 U.S.C. 3157

    (b) ) is amended--

    (1) in paragraph

    (6)
        (A) , by striking ``teaching'' and 
 inserting ``teaching, 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))''; and

    (2) in paragraph

    (7)
        (B) , by inserting ``, junior or 
 community colleges (as defined in 

section 312 of the Higher 
 Education Act of 1965 (20 U.S.C. 1058)), and postsecondary 
 vocational institutions (as defined in 

section 102
            (c) of the 
 Higher Education Act of 1965 (20 U.S.C. 1002
            (c) ))'' after 
 ``colleges and universities''.

SEC. 6. NRCS DIRECT HIRE AUTHORITY.

 

Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is 
amended by adding at the end the following:
 ``

    (j) NRCS Direct Hire Authority.--
 ``

    (1) In general.--The Secretary may appoint, without 
 regard to the provisions of subchapter I of chapter 33 of title 
 5, United States Code (other than sections 3303 and 3328 of 
 that title), qualified candidates, as described in paragraph

    (2) , directly to positions within the Natural Resources 
 Conservation Service that provide technical assistance under 
 conservation programs administered by the Natural Resources 
 Conservation Service.
 ``

    (2) Qualifications.--Paragraph

    (1) applies to any 
 candidate who--
 ``
        (A) is qualified to provide the technical 
 assistance described in paragraph

    (1) , as determined by 
 the Secretary; and
 ``
        (B) meets qualification standards established by 
 the Office of Personnel Management.''.

SEC. 7. PRIMARY REGULATORY OVERSIGHT FOR DOMESTIC, WILD-CAUGHT, 
 INVASIVE CATFISH.

    (a) Exemption From 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'' before the 
 semicolon.

    (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'' before the 
 semicolon.

    (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 section 
and the amendments made by this section 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>