1. Short title This Act may be cited as the Conservation Reserve Program Flexibility Act of 2023 or the CRP Flexibility Act of 2023 . 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 .