PolicyBrief
S. 1209
119th CongressMar 31st 2025
American Prairie Conservation Act
IN COMMITTEE

This bill establishes certification requirements for farmers receiving federal crop insurance or disaster assistance for growing crops on previously native sod land.

John Thune
R

John Thune

Senator

SD

LEGISLATION

New Farm Rules: Tilling Native Sod Now Requires Certification to Keep Crop Insurance Benefits

The American Prairie Conservation Act is dropping new rules on farmers who convert native grassland—what the bill calls “native sod”—into cropland for crops covered by federal insurance or disaster aid. Here’s the deal: If you’re a producer who decides to till up untouched prairie to plant an insurable crop, you now have to certify that exact acreage to the Secretary of Agriculture using a combination of a Farm Service Agency (FSA) acreage report form and detailed maps. This certification isn't optional; it’s a required condition if you want to keep your federal crop insurance or Noninsured Crop Disaster Assistance Program (NAP) benefits.

The Paperwork Toll: Tying Aid to Land Use

This section, “Crop production on native sod,” is essentially creating a mandatory tracking system. For the average farmer, this means a new administrative hurdle. If you convert native sod, you must nail down the exact boundaries of that newly tilled land and report it to the government using specific mapping and forms. If you till more native sod down the line, you’re required to submit corrections “as soon as you realize the change.” Failing to follow these certification steps means risking your federal safety nets—the very programs designed to protect you from bad weather or market crashes. This ties a farmer's ability to receive vital financial assistance directly to their land-use decisions, specifically aiming to slow down the conversion of grasslands.

Why the Government Wants to Know

The goal here is transparency and data collection. Converting native sod, which has been untouched for years, releases significant amounts of stored carbon into the atmosphere and destroys crucial wildlife habitat. By forcing producers to certify the acreage, the government gets a clear, measurable picture of exactly how much native sod is being converted into cropland each year. The bill mandates that the Secretary of Agriculture provide detailed reports to Congress every January 1st from 2026 through 2030, breaking down the total certified tilled native sod acreage by county and state. For policymakers and environmental groups, this data is gold, allowing them to track conservation efforts and measure the impact of federal programs.

Real-World Friction Points

While the intentions might be good—protecting the environment and ensuring accountability for federal dollars—there are practical challenges. First, the bill doesn't explicitly define “native sod.” What counts as “untouched grassland”? This ambiguity could lead to confusion and disputes when farmers try to certify their land. Second, the requirement to submit corrections “as soon as you realize the change” is subjective. Will a farmer who tills an extra five acres in the fall be penalized if they don't update their maps until the spring planting season? For busy producers already juggling forms, deadlines, and fieldwork, this new administrative burden adds complexity to accessing essential risk management tools like crop insurance. It’s a classic trade-off: better environmental oversight, but more red tape for the people on the ground.