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S 4862

A bill to direct the Secretary of Agriculture to consider certain acreage not planted due to a lack of irrigation water to be eligible for prevented planting payments, and for other purposes.

119th Congress Introduced by Michael Bennet

Expands prevented planting eligibility to land unable to be irrigated, with staged payment reductions and permanent ineligibility after 11+ years.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4862

Overview

S.4862, introduced in the 119th Congress by Senator Michael Bennet, seeks to expand eligibility for prevented planting payments by allowing certain acreage not planted due to lack of irrigation water to qualify for such payments. The bill also directs adjustments to certain regulations and disaster determination processes related to irrigation shortages.

Purpose and intent

  • Create a mechanism for considering acreage as prevented from planting when irrigation water is unavailable, thereby making that land eligible for prevented planting payments under covered farm programs.
  • Align certain regulatory and disaster-determination procedures with the reality of drought- or irrigation-related limitations on farming.

Key provisions and changes

Eligibility for prevented planting payments

  • Defines “covered program” as programs that fall under section 718.103 of title 7, Code of Federal Regulations (CFR) (or successor).
  • Defines “irrigation water” as water accessible for irrigation from sources such as snowmelt, runoff, streams, reservoirs, groundwater, or similar sources.
  • Requires the Secretary of Agriculture (acting through the Farm Service Agency Administrator) to consider acreage as prevented from planting if all of the following apply:
    • The farm’s producers did not plant due to a reasonable expectation of insufficient irrigation water for that crop year.
    • The infrastructure to irrigate those acres is installed and functional for that year.
    • The acres have been irrigated in one or more of the previous four crop years when irrigation water was sufficient.
    • In one or more of the previous four years, the producers on the farm planted the same crop on those acres that was prevented from planting.
    • The land or environment for those acres is not suitable for dryland farming of the crop that was prevented from planting.

Payment reductions and ineligibility

  • If an acreage is determined to be prevented from planting under the new standard, payment amounts under covered programs would be reduced as follows:
    • 50% reduction for the fifth through eighth consecutive crop years of prevention.
    • 75% reduction for the ninth and tenth consecutive crop years.
    • 100% reduction for the eleventh and each subsequent consecutive crop year.
  • Any acreage with a 100% reduction (eleventh year and beyond) would be permanently ineligible for payments under covered programs.

Regulatory revisions

  • The Secretary shall revise CFR regulations to reflect irrigation-water lack due to drought as part of drought conditions for purposes of 7 CFR 718.103(e).
  • The Secretary shall revise CFR provisions to clarify disaster determinations, requiring consultation with Farm Service Agency county committees and State technical committees when assessing natural disasters described in 7 CFR 718.103(g). The Commodity Credit Corporation would implement these determinations with that consultative process.

Who is affected

  • Producers and landowners with land identified as irrigated or potentially irrigated, who rely on irrigation water for crop production.
  • Farms that may have previously non-eligible acreage for prevented planting payments but could qualify under the new irrigation-based eligibility criteria.
  • Covered programs administered by the Farm Service Agency (FSA), including federal crop insurance and other disaster/prevented planting payment programs.
  • Regulatory bodies implementing CFR provisions related to drought conditions and disaster determinations (likely affecting CFR 7 part 718 processes).

Procedural and timeline aspects

  • Status: Introduced and referred to the Senate Committee on Agriculture, Nutrition, and Forestry on June 23, 2026.
  • The bill would require regulatory revisions to CFR sections 718.103(e) and 718.103(g), and changes to disaster-determination processes, subject to rulemaking and administrative review.
  • There is no explicit funding or appropriations language in the text provided; if enacted, implementation would depend on regulatory actions and potential budgetary considerations.

Summary in plain terms

S.4862 would expand access to prevented planting payments by recognizing acreage as prevented from planting when irrigation water is unavailable, provided other conditions are met (existing irrigation infrastructure, historical irrigation in prior years, and crop-consistent planting history). It introduces staged payment reductions based on how many consecutive years land is prevented from planting and sets permanent ineligibility after a long duration (eleventh year). The bill also directs Treasury/CCC and the Farm Service Agency to adjust regulatory definitions and disaster-determination procedures to incorporate drought-related irrigation shortfalls and to involve state/local committees in decision-making.

Compiled from official sources — confirm details with the bill’s official record.

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