| HR 1321 IH
107th CONGRESS
1st Session
H. R. 1321
To amend the conservation
provisions of the Food Security Act of 1985 to establish a voluntary, incentive-based
conservation security program.
IN THE HOUSE OF REPRESENTATIVES
March 29, 2001
Mr. THUNE (for himself, Mr.
HINCHEY, Ms. KAPTUR, Mr. COOKSEY, Mr. WYNN, and Mr. BOSWELL) introduced
the following bill; which was referred to the Committee on Agriculture
A BILL
To amend the conservation
provisions of the Food Security Act of 1985 to establish a voluntary, incentive-based
conservation security program.
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'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In addition to producing
food and fiber, agricultural producers can contribute to the public good
by providing improved soil productivity, clean air and water, wildlife
habitat, landscape and recreational amenities, and other natural resources
and environmental benefits.
(2) Agricultural producers
in the United States have a long history of embracing environmentally friendly
conservation practices and desire to continue those practices and engage
in new and additional conservation practices.
(3) Agricultural producers
that engage in conservation practices--
(A) may not receive economic
rewards for implementing such conservation practices;
(B) should be encouraged
to engage in good stewardship; and
(C) should be rewarded for
doing so.
(4) Despite significant
progress in recent years, significant environmental challenges on agricultural
land remain.
(5) Since the 1930's, when
agricultural conservation became a national priority, Federal resources
for conservation assistance have declined over 50 percent, when adjusted
for inflation.
(6) Existing conservation
programs do not provide opportunities for all interested agricultural producers
to participate.
(7) A voluntary, incentive-based
conservation program open to all agricultural producers that qualify and
desire to participate would--
(A) encourage greater improvement
of natural resources and the environment;
(B) address the economic
implications of conservation practices in a manner consistent with international
obligations of the United States; and
(C) enable United States
farmers and ranchers to produce food for a growing world population.
(8) Total farm conservation
planning can help producers increase profitability, enhance resource protection,
and improve quality of life.
(9) On-farm practices may
help deter invasive species that jeopardize native species or impair agricultural
land of the United States.
(10) A conservation program
that meets the criteria described in paragraph (7) would help achieve a
better balance between Federal payments supporting conservation on land
used for agricultural production and Federal payments for the purpose of
retiring agricultural land from production.
SEC. 3. CONSERVATION SECURITY
PROGRAM.
(a) IN GENERAL- 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. DEFINITIONS.
`(1) CONSERVATION PRACTICE-
The term `conservation practice' means a land-based farming technique that--
`(A) requires planning,
implementation, management, and maintenance; and
`(B) promotes one or more
of the purposes described in section 1240Q(a).
`(2) CONSERVATION SECURITY
CONTRACT- The term `conservation security contract' means a contract described
in section 1240Q(e).
`(3) CONSERVATION SECURITY
PLAN- The term `conservation security plan' means a plan described in section
1240Q(c).
`(4) CONSERVATION SECURITY
PROGRAM- The term `conservation security program' means the program established
under section 1240Q(a).
`(5) NUTRIENT MANAGEMENT-
The term `nutrient management' means management of the quantity, source,
placement, form, and timing of the land application of nutrients and other
additions to soil--
`(A) to achieve or maintain
adequate soil fertility for agricultural production; and
`(B) to minimize the potential
for loss of environmental quality, including soil, water, and air quality
impairment.
`(6) RESOURCE-CONSERVING
CROP- The term `resource-conserving crop' means--
`(B) a legume grown for
use as forage or green manure;
`(C) a legume-grass mixture;
`(D) a small grain grown
in combination with a grass or legume, whether interseeded or planted in
succession; and
`(E) such other plantings,
including trees, as the Secretary considers appropriate for a particular
area.
`(7) RESOURCE-CONSERVING
CROP ROTATION- The term `resource-conserving crop rotation' means a crop
rotation that--
`(A) includes at least one
resource-conserving crop;
`(C) improves soil fertility
and tilth; and
`(D) interrupts pest cycles.
`(8) RESOURCE MANAGEMENT
SYSTEM- The term `resource management system' means a system of conservation
practices and management relating to land or water use that is designed
to prevent resource degradation and permit sustained use of the land and
water.
`SEC. 1240Q. CONSERVATION SECURITY
PROGRAM.
`(a) IN GENERAL- The Secretary
shall establish a conservation security program to assist owners and operators
of agricultural operations to promote, as is applicable for each operation--
`(1) conservation of soil,
water, energy, and other related resources;
`(2) soil quality protection
and improvement;
`(3) water quality protection
and improvement;
`(4) air quality protection
and improvement;
`(5) soil, plant, or animal
health and well-being;
`(6) diversity of flora
and fauna;
`(7) on-farm conservation
and regeneration of biological resources, including plant and animal germplasm;
`(8) wetland restoration,
conservation, and enhancement;
`(9) wildlife habitat restoration,
conservation, and enhancement;
`(10) reduction of greenhouse
gas emissions and enhancement of carbon sequestration;
`(11) protection of human
health and safety;
`(12) environmentally sound
management of invasive species; or
`(13) any similar conservation
purpose (as determined by the Secretary).
`(1) IN GENERAL- To be eligible
to participate in the conservation security program (other than to receive
technical assistance under subsection (h)(6) for the development of conservation
security contracts), an owner or operator shall--
`(A) develop and submit
to the Secretary, and obtain the approval of the Secretary of, a conservation
security plan that meets the requirements of subsection (c); and
`(B) enter into a conservation
security contract with the Secretary to carry out the conservation security
plan.
`(2) INELIGIBLE LAND- Land
enrolled in the conservation reserve program under subchapter B of chapter
I shall not be eligible for enrollment in the conservation security program
except for land enrolled in partial field conservation practice enrollment
options.
`(c) CONSERVATION SECURITY
PLANS-
`(1) IN GENERAL- A conservation
security plan shall--
`(A) identify the resources
and designated land to be conserved under the conservation security plan;
`(B) describe the tier of
conservation practices, and the particular conservation practices to be
implemented, maintained, or improved, in accordance with subsection (d)
on the land that will be enrolled in the conservation security program
covered by the conservation security contract for the specified term;
`(C) contain a schedule
for the implementation, maintenance, or improvement of the conservation
practices described in the conservation security plan during the term of
the conservation security contract;
`(D) meet the requirements
of the highly erodible land and wetland conservation requirements of subtitles
B and C; and
`(E) contain such other
terms as the Secretary determines to be appropriate.
`(2) COMPREHENSIVE PLANNING-
The Secretary shall encourage owners and operators that enter into conservation
security contracts--
`(A) to undertake a comprehensive
examination of the opportunities for conserving natural resources and improving
the profitability, environmental health, and quality of life in relation
to their entire agricultural operations;
`(B) to develop a long-term
strategy for implementing, monitoring, and evaluating conservation practices
and environmental results in the entire agricultural operation;
`(C) to participate in other
Federal conservation programs; and
`(D) to maintain the agricultural
integrity of the land.
`(3) STATE AND LOCAL CONSERVATION
PRIORITIES- To the maximum extent practicable and in a manner consistent
with the conservation security program, each conservation security plan
shall address the conservation priorities of the State and locality in
which the agricultural operation is located (as determined by the State
conservationist in consultation with the State technical committee established
under subtitle G and the local working groups of the State technical committee).
`(d) CONSERVATION PRACTICES-
`(A) ESTABLISHMENT OF TIERS-
The Secretary shall establish 3 tiers of conservation practices that are
eligible for payment under a conservation security contract.
`(B) CONSERVATION PRACTICE
STANDARDS- To the maximum extent practicable, the Secretary shall establish
guidance standards for implementation of eligible conservation practices
that shall include measurable goals for enhancing and preventing degradation
of resources.
`(2) SUSTAINABLE ECONOMIC
USES- With respect to land enrolled in the conservation security program,
including land use adjustment activities specified under Tier II, the Secretary
shall permit economic uses of the land that--
`(A) maintain the agricultural
nature of land;
`(B) achieve the natural
resource and environmental benefits of the plan; and
`(C) are approved as part
of the conservation security plan.
`(3) ON-FARM RESEARCH AND
DEMONSTRATION- With respect to land enrolled in the conservation security
program that will be maintained using a Tier II or Tier III conservation
practice established under paragraph (5), the Secretary may approve a conservation
security plan that includes on-farm research and demonstration activities,
including innovative approaches to--
`(A) total farm planning;
`(B) total resource management;
`(C) integrated farming
systems;
`(D) germplasm conservation
and regeneration;
`(E) carbon sequestration;
`(F) agro-ecological restoration
and wildlife habitat restoration;
`(H) invasive species control;
or
`(I) farm and environmental
results monitoring and evaluation.
`(4) USE OF HANDBOOK AND
GUIDES-
`(A) IN GENERAL- In determining
eligible conservation practices under the conservation security program,
the Secretary shall use the National Handbook of Conservation Practices
and the field office technical guides of the Natural Resources Conservation
Service.
`(B) ADJUSTMENTS- After
providing notice and an opportunity for public participation, the Secretary
shall make such adjustments to the National Handbook of Conservation Practices
as are necessary to carry out this chapter.
`(i) IN GENERAL- Under any
of the three tiers of conservation practices established under paragraph
(5), the Secretary may approve requests by an owner or operator for pilot
testing of new technologies and innovative conservation practices and systems.
`(ii) INCORPORATION INTO
STANDARDS- After evaluation by the Secretary and provision of notice and
an opportunity for public participation, the Secretary may incorporate
new technologies and innovative conservation practices and systems into
the standards for implementation of conservation practices established
under paragraph (1)(B).
`(5) TIERS- To carry out
this subsection, the Secretary shall establish the following three tiers
of conservation practices:
`(i) IN GENERAL- A conservation
security plan for land enrolled in the conservation security program that
will be maintained using Tier I conservation practices shall--
`(I) address priority resource
concerns for the particular agricultural operation;
`(II) apply to the total
agricultural operation or to a particular unit of the agricultural operation;
`(aa) conservation practices
that are being implemented as of the date on which the conservation security
contract is entered into; and
`(bb) conservation
practices that are newly implemented under the conservation security contract;
and
`(IV) meet applicable standards
for implementation of conservation practices established under paragraph
(1)(B).
`(ii) CONSERVATION PRACTICES-
Tier I conservation practices shall consist of, as appropriate for the
agricultural operation of an owner or operator, one or more of the following
basic conservation activities:
`(I) Soil conservation,
quality, and residue management.
`(II) Nutrient management.
`(IV) Invasive species management.
`(V) Irrigation water conservation
and water quality management.
`(VI) Grazing, pasture,
and rangeland management.
`(VII) Wildlife habitat
management, with special emphasis on species identified by the natural
heritage program of the State.
`(VIII) Plant and animal
germplasm conservation, evaluation, and development.
`(XIII) Any other conservation
practice that the Secretary determines to be appropriate and comparable
to other conservation practices described in this clause.
`(i) IN GENERAL- A conservation
security plan for land enrolled in the conservation security program that
will be maintained using Tier II conservation practices shall--
`(I) address priority resource
concerns specified in the conservation security plan covering the total
agricultural operation;
`(aa) conservation practices
that are being implemented as of the date on which the conservation security
contract is entered into; and
`(bb) conservation
practices that are newly implemented under the conservation security contract;
and
`(III) meet applicable resource
management system criteria for the priority resource concerns of the agricultural
operation.
`(ii) CONSERVATION PRACTICES-
Tier II conservation practices shall consist of, as appropriate for the
agricultural operation of an owner or operator, Tier I conservation practices
and one or more of the following practices:
`(I) Resource-conserving
crop rotations.
`(II) Controlled, rotational
grazing.
`(III) Conversion of portions
of cropland from a soil-depleting use to a soil-conserving use, including
production of cover crops.
`(IV) Partial field conservation
practices (including windbreaks, grass waterways, shelter belts, filter
strips, riparian buffers, wetland buffers, contour buffer strips, living
snow fences, crosswind trap strips, field borders, grass terraces, wildlife
corridors, and critical area planting).
`(V) Wildlife habitat protection
and restoration.
`(VI) Prairie protection
and restoration.
`(VII) Wetland protection
and restoration.
`(VIII) Any other conservation
practice involving modification of the use of land that the Secretary determines
to be appropriate and comparable to other conservation practices described
in this clause.
`(i) IN GENERAL- A conservation
security plan for land enrolled in the conservation security program that
will be maintained using Tier III conservation practices shall--
`(I) address all resource
concerns of the total agricultural operation;
`(aa) conservation practices
that are being implemented as of the date on which the conservation security
contract is entered into; and
`(bb) conservation
practices that are newly implemented under the conservation security contract;
and
`(III) meet applicable resource
management system criteria.
`(ii) CONSERVATION PRACTICES-
Tier III conservation practices shall consist of, as appropriate for the
agricultural operation of an owner or operator--
`(I) appropriate Tier I
and Tier II conservation practices; and
`(II) development, implementation,
and maintenance of a conservation security plan that, over the term of
the conservation security contract--
`(aa) integrates a full
complement of conservation practices to foster environmental enhancement
and the long-term sustainability of the natural resource base of an agricultural
operation; and
`(bb) improves profitability
and quality of life associated with the agricultural operation.
`(e) CONSERVATION SECURITY
CONTRACTS-
`(1) IN GENERAL- On approval
of a conservation security plan of an owner or operator, the Secretary
shall enter into a conservation security contract with the owner or operator
to enroll the land covered by the conservation security plan in the conservation
security program.
`(2) TERM- Subject to paragraphs
(3) and (4)--
`(A) a conservation security
contract for land enrolled in the conservation security program that will
be maintained using one or more Tier I conservation practices shall have
a term of five years; and
`(B) a conservation security
contract for land enrolled in the conservation security program that implements
a conservation security plan that meets the requirements of subparagraph
(B) or (C) of subsection (d)(5) shall have a term of five to 10 years,
at the option of the owner or operator.
`(A) OPTIONAL MODIFICATIONS-
`(i) IN GENERAL- The Secretary
shall provide regular opportunity for an owner or operator to apply to
the Secretary to modify the conservation security plan in a manner consistent
with the purposes of the conservation security program.
`(ii) APPROVAL BY THE SECRETARY-
Any modification under clause (i)--
`(I) shall be approved by
the Secretary; and
`(II) shall authorize the
Secretary to redetermine, if necessary, the amount and timing of the payments
pursuant to the conservation security contract under subsection (h)(2)(C).
`(B) REQUIRED MODIFICATIONS-
`(i) IN GENERAL- The Secretary
may in writing require an owner or operator to modify a conservation security
contract before the expiration of the conservation security contract if
the Secretary determines that a change made to the size, the management,
or any other aspect of the agricultural operation of the owner or operator
would, without the modification, interfere with achieving the purposes
of the conservation security program.
`(ii) PAYMENT SCHEDULE-
The Secretary may adjust the payment schedule under the conservation security
contract to reflect any modifications required under this subparagraph.
`(iii) DEADLINE- The Secretary
may terminate a conservation security contract if a modification required
under this subparagraph is not submitted to the Secretary in the form of
an amended conservation security contract by the date that is 90 days after
the date of receipt of the written request for the modification.
`(iv) TERMINATION- An owner
or operator that is required to modify a conservation security contract
under this subparagraph may, in lieu of modifying the contract--
`(I) terminate the conservation
security contract; and
`(II) retain payments received
under the conservation security contract, if the owner or operator fully
complies with the obligations of the owner or operator under the conservation
security contract.
`(A) IN GENERAL- At the
option of an owner or operator, the conservation security contract of the
owner or operator may be renewed, for a term described in subparagraph
(B), if--
`(i) the owner or operator
agrees to any modification of the applicable conservation security contract
that the Secretary determines to be necessary to achieve the purposes of
the conservation security program;
`(ii) the Secretary determines
that the owner or operator has complied with the terms and conditions of
the conservation security contract, including the conservation security
plan; and
`(iii) in the case of a
conservation security contract for land previously enrolled in the conservation
security program that will continue to be enrolled on the basis of one
or more Tier I conservation practices,
the owner or operator meets
resource management system criteria for the practices operation covered
by the conservation security contract.
`(B) TERMS OF RENEWAL- Under
subparagraph (A)--
`(i) a conservation security
contract for land enrolled in the conservation security program that will
be maintained using a Tier I conservation practice may be renewed for five-year
terms;
`(ii) a conservation security
contract for land enrolled in the conservation security program that will
be maintained using a Tier II or Tier III conservation practice may be
renewed for five-year to 10-year terms, at the option of the owner or operator;
and
`(iii) previous participation
in the conservation security program does not bar renewal more than once.
`(f) NO VIOLATION FOR NONCOMPLIANCE
DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER OR OPERATOR- The Secretary
shall include in the conservation security contract a provision, and may
modify a conservation security contract under subsection (e)(3)(B), to
ensure that an owner or operator shall not be considered in violation of
a conservation security contract for failure to comply with the conservation
security contract due to circumstances beyond the control of the owner
or operator, including a disaster or related condition.
`(g) DUTIES OF OWNERS AND
OPERATORS- Under a conservation security contract, an owner or operator
shall agree, during the term specified under the conservation security
contract--
`(1) to implement the applicable
conservation security plan approved by the Secretary;
`(2) to keep appropriate
records showing the effective and timely implementation of the conservation
security plan;
`(3) not to engage in any
activity that would interfere with the purposes of the conservation security
plan;
`(4) at the option of the
Secretary, to refund all or a portion of the payments to the Secretary
if the owner or operator fails to maintain a conservation practice, as
specified in the conservation security contract; and
`(5) on the violation of
a term or condition of the conservation security contract--
`(A) if the Secretary determines
that the violation warrants termination of the conservation security contract--
`(i) to forfeit all rights
to receive payments under the conservation security contract; and
`(ii) to refund to the Secretary
all or a portion of the payments received by the owner or operator under
the conservation security contract, including an advance payment and interest
on the payments, as determined by the Secretary; or
`(B) if the Secretary determines
that the violation does not warrant termination of the conservation security
contract, to refund to the Secretary, or accept adjustments to, the payments
provided to the owner or operator, as the Secretary determines to be appropriate.
`(h) DUTIES OF THE SECRETARY-
`(1) ADVANCE PAYMENT- At
the time at which a person enters into a conservation security contract,
the Secretary shall make an advance payment to the person in an amount
not to exceed--
`(A) in the case of a contract
to maintain Tier I conservation practices described in subsection (d)(5)(A),
the greater of--
`(ii) 20 percent of the
value of the annual payment under the contract, as determined by the Secretary;
`(B) in the case of a contract
to maintain Tier II conservation practices described in subsection (d)(5)(B),
the greater of--
`(ii) 20 percent of the
value of the annual payment under the contract, as determined by the Secretary;
or
`(C) in the case of a contract
to maintain Tier III conservation practices described in subsection (d)(5)(C),
the greater of--
`(ii) 20 percent of the
value of the annual payment under the contract, as determined by the Secretary.
`(A) IN GENERAL- Subject
to subparagraphs (B) through (D), under a conservation security contract,
the Secretary shall, in amounts and for a period of years specified in
the conservation security contract, make an annual payment to the person
in an amount not to exceed--
`(i) in the case of a contract
to maintain Tier I conservation practices described in subsection (d)(5)(A),
$20,000;
`(ii) in the case of a contract
to maintain Tier II conservation practices described in subsection (d)(5)(B),
$35,000; or
`(iii) in the case of a
contract to maintain Tier III conservation practices described in subsection
(d)(5)(C), $50,000.
`(B) INFLATION ADJUSTMENT-
The Secretary may periodically, including at the time at which a conservation
security contract is renewed, adjust the payment and payment limitations
under subparagraph (A) to reflect changes in the Prices Paid by Farmers
Index.
`(C) CRITERIA FOR DETERMINING
AMOUNT OF PAYMENTS- Subject to subparagraphs (A) and (D), the Secretary
shall establish criteria for determining the amount of an annual payment
to a person under this paragraph that--
`(i) shall be as objective
and transparent as practicable; and
`(ii) shall be based on--
`(I) the natural resource
and environmental benefits expected as a result of the adoption, maintenance,
and improvement in implementation of the conservation practices carried
out by the person;
`(II) the number of management
practices established or maintained;
`(III) the schedule for
the conservation practices described in subsection (c)(1)(C);
`(IV) the cost of the adoption,
maintenance, and improvement in implementation of conservation practices
that are newly implemented under the conservation security contract;
`(V) the extent to which
compensation will ensure maintenance and improvement of conservation practices
that are or have been implemented;
`(VI) the income loss or
economic value forgone by the person due to land use adjustments resulting
from the adoption, maintenance, and improvement of conservation practices;
`(VII) the extent to which
the conservation security plan meets applicable resource management system
standards;
`(VIII) the extent to which
the conservation security plan incorporates practices that optimize carbon
sequestration and minimize greenhouse gas emissions;
`(IX) the costs associated
with any on-farm research, demonstration, or pilot testing components of
the conservation security plan;
`(X) the extent to which
the conservation security plan addresses State and local conservation priorities
as provided for under subsection (c)(3);
`(XI) the costs associated
with monitoring of results required under the conservation security plan;
`(XII) participation in
a watershed or regional land use plan involving at least 75 percent of
landowners in the targeted area;
`(XIII) the special considerations
associated with an owner or operator that is a qualified beginning farmer
or rancher (as defined in section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)));
`(XIV) the extent of activities
undertaken beyond what is required to comply with any applicable Federal,
State, and local law; and
`(XV) such other factors
as the Secretary determines to be appropriate to encourage participation
in the conservation security program and to reward environmental stewardship.
`(D) LAND ENROLLED IN OTHER
CONSERVATION PROGRAMS-
`(i) IN GENERAL- Notwithstanding
any other provision of law, if an owner or operator has land enrolled in
another conservation program administered by the Secretary and has applied
to enroll the same land in the conservation program, the owner or operator
may elect to--
`(I) convert the contract
under the other conservation program to a conservation security contract,
without penalty, except that this subclause shall not apply to a long-term
or permanent conservation or easement; or
`(II) have each annual payment
to the owner or operator under this paragraph reduced to reflect payment
for practices the owner or operator receives under the other conservation
program, except that the annual payment under this paragraph may include
incentives for qualified practices that enhance or extend the conservation
benefit achieved under the other conservation program.
`(ii) PAYMENT LIMITATIONS-
If an owner or operator has land enrolled in the conservation security
program and one or more other conservation programs administered by the
Secretary, the Secretary shall include all payments, other than easement
or rental payments, from the conservation security program and the other
conservation programs in applying the annual payment limitations under
subparagraph (A).
`(E) WASTE STORAGE OR TREATMENT
FACILITIES- An annual payment to an owner or operator under this paragraph
shall not be provided for the purpose of construction or maintenance of
animal waste storage or treatment facilities or associated waste transport
or transfer devices for animal feeding operations.
`(A) IN GENERAL- The Secretary
shall issue regulations--
`(i) defining the term `person'
for the purposes of this chapter--
`(I) which regulations shall
conform, to the extent practicable, to the regulations defining the term
`person' issued under section 1001; and
`(II) which term shall be
defined so that no individual directly or indirectly may receive payments
exceeding the applicable amount specified in paragraph (1) or (2);
`(ii) providing adequate
safeguards to protect the interests of tenants and sharecroppers, including
provision for sharing, on a fair and equitable basis; and
`(iii) prescribing such
other rules as the Secretary determines to be necessary to ensure a fair
and reasonable application of the limitations established under paragraphs
(1) and (2).
`(B) PENALTIES FOR SCHEMES
OR DEVICES-
`(i) IN GENERAL- If the
Secretary determines that a person has adopted a scheme or device to evade,
or that has the purpose of evading, the regulations issued under subparagraph
(A), the person shall be ineligible to participate in the conservation
security program for the year for which the scheme or device was adopted
and each of the following five years.
`(ii) FRAUD- If the Secretary
determines that fraud was committed in connection with the scheme or device,
the person shall be ineligible to participate in the conservation security
program for the year for which the scheme or device was adopted and each
of the following 10 years.
`(A) IN GENERAL- Subject
to subsection (g), the Secretary shall allow an owner or operator to terminate
the conservation security contract.
`(B) PAYMENTS- The owner
or operator may retain any or all payments received under a terminated
conservation security contract if--
`(i) the owner or operator
is in full compliance with the terms and conditions, including any maintenance
requirements, of the conservation security contract; and
`(ii) the Secretary determines
that retention of payment will not defeat the goals enumerated in the conservation
security plan of the owner or operator.
`(5) TRANSFER OR CHANGE
OF INTEREST IN LAND SUBJECT TO CONSERVATION SECURITY CONTRACT-
`(A) IN GENERAL- Except
as provided in subparagraph (B), the transfer, or change in the interest,
of an owner or operator in land subject to a conservation security contract
shall result in the termination of the conservation security contract.
`(B) TRANSFER OF DUTIES
AND RIGHTS- Subparagraph (A) shall not apply if, not later than 60 days
after the date of the transfer or change in the interest in land, the transferee
of the land provides written notice to the Secretary that all duties and
rights under the conservation security contract have been transferred to
the transferee.
`(6) TECHNICAL ASSISTANCE-
`(A) IN GENERAL- For each
fiscal year, the Secretary shall use such sums as are necessary from funds
of the Commodity Credit Corporation to provide technical assistance to
owners and operators for the development and implementation of conservation
security contracts.
`(B) TECHNICAL ASSISTANCE
PROVIDED BY PERSONS NOT AFFILIATED WITH DEPARTMENT OF AGRICULTURE-
`(i) IN GENERAL- Under subparagraph
(A), subject to clause (ii), technical assistance provided by qualified
persons not affiliated with the Department of Agriculture, including farmers
and ranchers, may include--
`(I) conservation planning;
`(II) design, installation,
and certification of conservation practices;
`(III) training for producers;
and
`(IV) such other activities
as the Secretary determines to be appropriate.
`(ii) COORDINATION BY THE
SECRETARY- The Secretary shall provide overall technical coordination and
leadership for the conservation security program, including final approval
of all conservation security plans.
`(7) EDUCATION, OUTREACH,
MONITORING, AND EVALUATION-
`(i) FUNDING- In addition
to the amounts made available under paragraph (6), for each fiscal year,
the Secretary shall use such sums as are necessary from funds of the Commodity
Credit Corporation to carry out education, outreach, monitoring, and evaluation
activities in support of the conservation security program, of which not
less than 50 percent of the sums shall be used for monitoring and evaluation
activities.
`(ii) AMOUNT- For each fiscal
year, the amount made available under clause (i) shall be not less than
40 percent of the amount made available for technical assistance under
paragraph (6) for the fiscal year.
`(B) USE OF PERSONS NOT
AFFILIATED WITH DEPARTMENT OF AGRICULTURE- In carrying out activities described
in subparagraph (A), the Secretary may use persons not affiliated with
the Department of Agriculture, including networks of agricultural producers
operating in a small watershed or other appropriate locality.
`(C) INCLUDED ACTIVITIES-
Activities described in subparagraph (A) may include innovative uses of
computer technology and remote sensing to monitor and evaluate resource
and environmental results on a local, regional, or national level.
`(8) PROGRAM EVALUATION-
The Secretary shall maintain data concerning conservation security plans,
conservation practices planned or implemented, environmental outcomes,
economic costs, and related matters under this section.
`(9) CONFIDENTIALITY- To
maintain confidentiality, the Secretary shall not release or disclose publicly
the conservation security plan of an owner or operator under this chapter
unless the Secretary--
`(A) obtains the authorization
of the owner or operator for the release or disclosure;
`(B) releases the information
in an anonymous or aggregated form; or
`(C) is otherwise required
by law to release or disclose the plan.
`(10) MEDIATION AND INFORMAL
HEARINGS- If the Secretary makes a decision under this chapter that is
adverse to an owner or operator, at the request of the owner or operator,
the Secretary shall provide the owner or operator with mediation services
or an informal hearing on the decision.
`(i) REPORTS- Not later
than 18 months after the date of enactment of this chapter and at the end
of each two-year period thereafter, the Secretary shall submit to Congress
a report evaluating the results of the conservation security program, including--
`(1) an evaluation of the
scope, quality, and outcomes of the conservation practices carried out
under this section; and
`(2) recommendations for
achieving specific and quantifiable improvements for each of the purposes
specified in subsection (a).
`(j) FUNDING- The Commodity
Credit Corporation shall make available to the Secretary, from funds of
the Corporation, such sums as are necessary to carry out this chapter.'.
(b) ADMINISTRATION- Section
1243(a) of the Food Security Act of 1985 (16 U.S.C. 3843(a)) is amended--
(1) in paragraph (1)(C),
by striking `and' at the end;
(2) in paragraph (2), by
striking the period at the end and inserting `; and'; and
(3) by adding at the end
the following:
`(3) the conservation security
program established under chapter 6 of subtitle D.'.
(c) STATE TECHNICAL COMMITTEES-
Section 1262(c)(8) of the Food Security Act of 1985 (16 U.S.C. 3862(c)(8))
is amended by striking `chapter 4' and inserting `chapters 4 and 6'.
SEC. 4. REGULATIONS.
The Secretary of Agriculture
shall promulgate such regulations as are necessary to carry out this Act
and the amendments made by this Act.
END
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