Conservation Security Act of 1999
S 1426 IS
106th CONGRESS
1st Session
S. 1426
To amend the Food Security Act of 1985 to promote the conservation
of soil and related resources, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 22, 1999
Mr. HARKIN (for himself, Mr. DASCHLE, Mr. LEAHY, Mr. KERREY, Mr. CONRAD,
and Mr. JOHNSON) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Food Security Act of 1985 to promote the conservation
of soil and related resources, and for other purposes.
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 Security Act of 1999'.
SEC. 2. CONSERVATION SECURITY PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3830 et seq.) is amended by adding at the end the following:
`CHAPTER 6--CONSERVATION SECURITY PROGRAM
`SEC. 1240P. CONSERVATION SECURITY PROGRAM.
`(a) IN GENERAL- The Secretary shall establish a conservation security
program through the use of contracts to assist owners and operators of
farms and ranches to promote--
`(1) conservation of soil, water, and related resources;
`(2) water quality protection and improvement;
`(3) air quality protection and improvement;
`(4) wetland restoration, protection, and creation;
`(5) wildlife habitat development and protection; and
`(6) any similar conservation purpose.
`(1) IN GENERAL- To be eligible to participate in the conservation
security program, an owner or operator shall--
`(A) submit a resource security plan or a livestock nutrient management
plan to the Secretary, and obtain the approval of the Secretary for the
plan, in accordance with subsection (c); and
`(B) enter into a contract with the Secretary that requires compliance
with the plan in accordance with subsection (e).
`(2) LIMITATION- An owner or operator shall not be eligible to enter
into a contract specifying compliance with a livestock nutrient management
plan if the total number of animals raised by the owner or operator exceeds
1,000 animal units, as defined by the Secretary.
`(1) RESOURCE SECURITY PLANS- A resource security plan shall--
`(A) identify the resources to be secured by the plan;
`(B) describe the class of conservation practices under subsection
(d) to be implemented and maintained on the land subject to the contract
during the contract period;
`(C) contain a schedule for the implementation and maintenance of the
class of conservation practices described in the plan;
`(D) comply with the highly erodible land and wetland conservation
requirements of subtitles B and C; and
`(E) contain such other terms as the Secretary may require.
`(2) LIVESTOCK NUTRIENT MANAGEMENT PLANS- A livestock nutrient management
plan shall--
`(A) contain a plan for managing the manure and other organic byproducts
produced on the farming or ranching operation of an owner or operator in
a manner that protects air, water, and soil quality; and
`(B) contain such other terms as the Secretary may require.
`(3) STATE AND LOCAL CONSERVATION PRIORITIES- To the maximum extent
practicable and in a manner that is consistent with the conservation security
program, resource security plans and livestock nutrient management plans
shall address the conservation priorities established by the State and
locality in which the farming or ranching operation is located.
`(d) CONSERVATION PRACTICES UNDER RESOURCE SECURITY PLANS-
`(1) IN GENERAL- The Secretary shall establish 3 classes of conservation
practices that are eligible for payment under a contract entered into under
this section to carry out a resource security plan.
`(2) INCLUSION OF CERTAIN PRACTICES- The Secretary shall include in
1 of the classes of conservation practices--
`(A) each environmental or conservation practice that is included in
the National Handbook of Conservation Practices of the Natural Resources
Conservation Service; and
`(B) any other conservation practice the Secretary determines is appropriate.
`(3) CLASSES- To carry out this subsection, the Secretary shall establish
the following 3 classes of conservation practices (as appropriate for the
farm or ranch operation of an owner or operator):
`(A) CLASS I- Class I conservation practices shall include--
`(ii) nutrient management; and
`(iii) environmentally sound grazing.
`(B) CLASS II- Class II conservation practices shall include--
`(i) Class I conservation practices;
`(ii) comprehensive nutrient management;
`(iii) pesticide management;
`(iv) partial field conservation practices (including windbreaks, grass
waterways, shelter belts, filter strips and riparian buffers); and
`(v) intensive grazing and wildlife habitat measures.
`(C) CLASS III- Class III conservation practices shall include--
`(i) Class I and Class II conservation practices; and
`(ii) such additional conservation practices as are necessary to implement
and maintain a total resource management plan that addresses the long-term
sustainability of the natural resource base of a farm or ranch operation.
`(1) IN GENERAL- On approval of a resource security plan or a livestock
nutrient management plan of an owner or operator, the Secretary shall enter
into a contract with the owner or operator that specifies--
`(A) the land subject to the contract;
`(B) in the case of a resource security plan, the class of conservation
practices under subsection (d) that will be carried out on the land; and
`(C) in the case of a livestock nutrient management plan, the livestock
facilities that are covered by the contract.
`(2) DURATION- Subject to paragraphs (3) and (4), the contract shall
be for a term of not less than 3 years nor more than 5 years.
`(3) REVISION- The Secretary may require an owner or operator to modify
a resource security plan or livestock nutrient management plan before the
expiration of the plan if the Secretary determines that a change made to
the size, management, or any other aspect of the farming or ranching operation
of the owner or operator would, without the modification, interfere with
the conservation security program.
`(4) RENEWAL- The contract of the owner or operator may be renewed
for successive 5-year periods, at the option of the owner or operator,
if--
`(A) the owner or operator agrees to any modification of the applicable
resource security plan or the livestock nutrient management plan that the
Secretary determines is necessary to carry out the conservation security
program; and
`(B) the Secretary determines that the owner or operator has complied
with--
`(i) the terms and conditions of the applicable resource security plan
or a livestock nutrient management plan of the owner or operator; and
`(ii) the terms and conditions of the contract.
`(f) DUTIES OF OWNERS AND OPERATORS- Under a contract entered into
under subsection (e), during the term of the contract, an owner or operator
of a farm or ranch shall agree--
`(1) to implement the applicable resource security plan or livestock
nutrient management plan approved by the Secretary;
`(2) to keep such records as the Secretary may require for purposes
of evaluation of the implementation of the plan;
`(3) not to engage in any activity that would defeat the purposes of
the conservation security program; and
`(4) to forgo incentive payments, rental payments, or easement payments
under any other conservation program administered by the Secretary for
land subject to the contract, except that the owner or operator shall not
otherwise become ineligible for participation in and receipt of cost-share
payments under any other conservation program as a result of payments received
under this section.
`(g) DUTIES OF SECRETARY-
`(1) RESOURCE SECURITY PLANS-
`(A) IN GENERAL- Under a contract entered into by an owner or operator
under this section to carry out a resource security plan, subject to subparagraph
(B), the Secretary shall, for a period of years not in excess of the term
of the contract, make an annual rental payment to the owner or operator
in an amount equal to--
`(i) 10 percent of the average county rental rate for the same type
of land enrolled under the contract that will be maintained using Class
I conservation practices described in subsection (d)(3)(A);
`(ii) 20 percent of the average county rental rate for the same type
of land enrolled under the contract that will be maintained using Class
II conservation practices described in subsection (d)(3)(B); and
`(iii) 40 percent of the average county rental rate for the same type
of land enrolled under the contract that will be maintained using Class
III conservation practices described in subsection (d)(3)(C).
`(2) LIVESTOCK NUTRIENT MANAGEMENT PLANS- Under a contract entered
into by an owner or operator under this section to carry out a livestock
nutrient management plan, the Secretary shall, for a period of years not
in excess of the term of the contract, make an annual rental payment to
the owner or operator in an amount equal to the product obtained by multiplying--
`(A) 10 percent of the simple average price received by owners and
operators for each type of livestock covered by the plan during the 5 marketing
years immediately preceding the year covered by the annual payment; by
`(B) the number of that type of livestock raised by the owner or operator
during the year covered by the annual payment.
`(3) LIMITATION ON PAYMENTS- The total amount of payments paid to an
owner or operator under paragraphs (1) and (2) shall not exceed $50,000
for any fiscal year.
`(4) TECHNICAL ASSISTANCE- The Secretary shall use not less than 15
percent, nor more than 20 percent, of the funds that are made available
to carry out this section for a fiscal year to provide technical assistance
to owners and operators entering into contracts under this section.
`(5) OTHER PAYMENTS- Except as otherwise provided in this section,
payments received by an owner or operator under this subsection shall be
in addition to, and not affect, the total amount of payments that the owner
or operator is otherwise eligible to receive under--
`(B) the Federal Agriculture Improvement and Reform Act of 1996 (Public
Law 104-127), including the Agricultural Market Transition Act (7 U.S.C.
7201 et seq.);
`(C) the Food, Agriculture, Conservation, and Trade Act of 1990 (Public
Law 101-624); or
`(D) the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).'.
SEC. 3. EFFECTIVE DATE.
(a) IN GENERAL- This Act and the amendment made by this Act take effect
on October 1, 1999.
(b) REGULATIONS- Not later than 180 days after the date of enactment
of this Act, the Secretary shall promulgate such regulations as are necessary
to carry out this Act and the amendment made by this Act.
END