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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 ``Conservation Reserve Program Flexibility Act of 2023'' or the ``CRP Flexibility Act of 2023''. SEC. 2. EMERGENCY HAYING DURING THE PRIMARY NESTING SEASON.
Section 1233(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3833(b)(1)) is amended--
(1) in subparagraph (A)(ii), by inserting ``subject to subclauses (I) and (III) of clause (i), and subclauses (I) and (II) of clause (ii), of subparagraph (B),'' before ``are subject to''; and
(2) in subparagraph (B)(i)--
(A) by redesignating subclauses (I) through (VI) as subclauses (II) through (VII), respectively;
(B) by inserting before subclause (II) (as so redesignated) the following:
``(I) emergency haying in response to a localized or regional drought, flooding, wildfire, or other emergency, on all practices, during or outside the primary nesting season, when--
``(aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor;
``(bb) there is at least a 40 percent loss in forage production in the county; or
``(cc) the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover;'';
(C) in subclause (II) (as so redesignated), in the matter preceding item (aa), by striking ``emergency haying, emergency grazing, or other emergency use'' and inserting ``emergency grazing or other emergency use''; and
(D) in subclause (IV) (as so redesignated), by striking ``outside the primary nesting season'' and inserting ``during or outside the primary nesting season''.
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