Section 1. Short title

This Act may be cited as the Conservation Reserve Program Modernization Act.

Sec. 2. Definitions

Subchapter B of chapter 1 of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) is amended by inserting before section 1231 the following:

1230. Definitions

In this subchapter:

(1) Conservation buffer

The term conservation buffer means a practice that, once established, provides a benefit to water quality or another resource concern, including—

(A)

a grass sod waterway;

(B)

a contour grass sod strip;

(C)

a prairie strip;

(D)

a filterstrip;

(E)

a field border;

(F)

a living snow fence;

(G)

a riparian buffer;

(H)

a shelterbelt or windbreak;

(I)

a wetland or a wetland buffer (including a buffer for prairie potholes, a playa, or a pocosin);

(J)

a saturated buffer;

(K)

a bioreactor;

(L)

a wellhead protection area; and

(M)

other similar practices, as determined by the Secretary.

(2) Eligible land

The term eligible land means land that is authorized to be included in the conservation reserve program under section 1231(b).

(3) Eligible partner

The term eligible partner means—

(A)

a State;

(B)

a political subdivision of a State;

(C)

an Indian Tribe; or

(D)

a nongovernmental organization.

(4) Land capability class

The term land capability class means a soil classification assigned using the land capability classification system in effect on December 23, 1985.

Sec. 3. Eligible land

Section 1231(b) of the Food Security Act of 1985 (16 U.S.C. 3831(b)) is amended to read as follows:

(b) Eligible land

The Secretary may include in the conservation reserve program the following:

(1)

Cropland that—

(A)

(i)

on a field level, consists of not less than 85 percent soils with a dryland cropland land capability class of III through VII; or

(ii)

cannot be farmed in accordance with a plan that complies with the requirements of subtitle B; and

(B)

the Secretary determines had a cropping history or was considered to be planted for not fewer than 4 of the 6 years preceding the date of enactment of the Conservation Reserve Program Modernization Act.

(2)

Cropland (including prairie potholes, playas, and pocosins within cropland), grasslands, and marginal pasture land (including marginal pastureland converted to wetland or established as wildlife habitat) to be—

(A)

devoted to conservation buffers;

(B)

established to ecologically appropriate vegetation, including trees, in or near riparian areas, intermittent, seasonal, or perennial streams, wetlands (including prairie potholes, playas, and pocosins), or saline-impaired soils; or

(C)

devoted to similar water quality or wildlife habitat practices.

(3)

Grasslands that—

(A)

contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;

(B)

are located in an area historically dominated by grasslands; and

(C)

could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition.

(4)

Land described in paragraph (1), (2), or (3) that will address significant water quality, water conservation, and wildlife habitat concerns, as proposed by an eligible partner and agreed to by the Secretary for purposes of section 1231A.

(5)

The portion of land in a field not enrolled in the conservation reserve in a case in which—

(A)

more than 50 percent of the land in the field is enrolled as a buffer or filterstrip, or more than 75 percent of the land in the field is enrolled as a conservation practice other than as a buffer or filterstrip; and

(B)

the Secretary determines that the remainder of the field is infeasible to farm.

Sec. 4. Payments