HR 1938 IH

To extend and expand conservation programs administered by the Department of Agriculture.

To extend and expand conservation programs administered by the Department of Agriculture.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) This Act may be cited as the `Conservation Enhancement Act of 2001'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--EXTENSION AND ADDITIONAL FUNDING FOR CONSERVATION PROGRAMS

Sec. 101. Extension of conservation programs through 2012.

Sec. 102. Provision of additional funding.

TITLE II--SUBSTANTIVE CHANGES TO CONSERVATION PROGRAMS

Subtitle A--Environmental Quality Incentives Program

Sec. 201. Implementation of best management practices.

Sec. 202. Time for payments.

Sec. 203. Contract term.

Sec. 204. Federal share of cost-share payments.

Sec. 205. Carry over of unobligated amounts.

Sec. 206. Conservation priority areas and priority issues.

Subtitle B--Wildlife Habitat Incentives Program

Sec. 211. Pilot programs to prevent listing of endangered species and preserve critical habitats.

Subtitle C--Conservation Reserve Program

Sec. 221. Full enrollment of authorized acreage.

Sec. 222. Additional pilot program.

Sec. 223. Expanded haying and grazing.

Sec. 224. Protection of farm program base.

Subtitle D--Wetlands Reserve Program

Sec. 231. Increase in authorized maximum enrollment.

Sec. 232. Enrollment methods.

Subtitle E--Conservation Technical Assistance

Sec. 241. Sense of Congress concerning conservation technical assistance.

SEC. 101. EXTENSION OF CONSERVATION PROGRAMS THROUGH 2012.

(a) ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM- Section 1230(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3830(a)(1)) is amended by striking `2002' and inserting `2012'.

(b) CONSERVATION RESERVE PROGRAM- (1) Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended in subsections (a), (b)(3), and (d) by striking `2002' and inserting `2012'.

(2) Section 1232(c) of the Food Security Act of 1985 (16 U.S.C. 3832(c)) is amended by striking `2002' and inserting `2012'.

(c) WETLAND RESERVE PROGRAM- Section 1237(c) of the Food Security Act of 1985 (16 U.S.C. 3837(c)) is amended by striking `2002' and inserting `2012'.

(d) ENVIRONMENTAL QUALITY INCENTIVES PROGRAM- Section 1240B(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(a)(1)) is amended by striking `2002' and inserting `2012'.

(e) WILDLIFE HABITAT INCENTIVES PROGRAM- Section 387(c) of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a(c)) is amended by striking `1996 through 2002' and inserting `2003 through 2012'.

SEC. 102. PROVISION OF ADDITIONAL FUNDING.

(a) ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM- Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended--

(1) in subsection (a), by striking `2002' and inserting `2012';

(2) in subsection (b)(1)--

(A) by striking `and' after `1996,'; and

(B) by inserting `and $500,000,000 for each of fiscal years 2003 through 2012,'; and

(3) in subsection (b)(2), by striking `2002' and inserting `2012'.

(b) WILDLIFE HABITAT INCENTIVES PROGRAM- Section 387(c) of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a(c)) is amended by striking `$50,000,000' and inserting `$200,000,000'.

SEC. 201. IMPLEMENTATION OF BEST MANAGEMENT PRACTICES.

Section 1240A(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-1(2)) is amended by adding at the end the following new sentence: `The term includes best management practices approved for use in agricultural production by the Secretary.'.

SEC. 202. TIME FOR PAYMENTS.

Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended by striking subsection (c) and inserting the following new subsection:

`(c) TIMING OF PAYMENTS- The Secretary shall make cost-share payments and incentive payments under this chapter as soon as possible after the contract between the producer and the Secretary is executed.'.

SEC. 203. CONTRACT TERM.

Section 1240B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(b)(2)) is amended by striking `5' and inserting `3'.

SEC. 204. FEDERAL SHARE OF COST-SHARE PAYMENTS.

Section 1240B(e)(1)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)(A)) is amended by striking `not more than' and inserting `equal to'.

SEC. 205. CARRY OVER OF UNOBLIGATED AMOUNTS.

Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended by adding at the end the following new paragraph:

`(3) MULTI-YEAR AVAILABILITY OF FUNDS- Funds made available under paragraph (1) for a fiscal year shall remain available until expended.'.

SEC. 206. CONSERVATION PRIORITY AREAS AND PRIORITY ISSUES.

(a) REPEAL OF LIMITATION ON ASSISTANCE FOR CONFINED ANIMAL FEEDING OPERATIONS- Section 1240B(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)) is amended--

(1) by striking subparagraph (B); and

(2) by redesignating subparagraph (C) as subparagraph (B).

(b) RESERVATION OF FUNDS FOR CONSERVATION PRIORITY AREAS- Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended--

(1) by inserting `(a) PRIORITIES- ' before `In providing'; and

(2) by adding at the end the following new subsection:

`(b) LIMITATION- Notwithstanding subsection (a)(1), the total amount of funds obligated under this chapter in a fiscal year for land management practices and structural practices to be implemented, or previously implemented, in conservation priority areas may not exceed 50 percent of total amount of funds available under section 1241(b) for that fiscal year.'.

(c) ADDITIONAL PRIORITY- Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended by inserting after subsection (b), as added by subsection (a) of this section, the following new subsection:

`(c) PRIORITY FUNDING FOR CONFINED LIVESTOCK FEEDING OPERATIONS- In addition to the priorities established in subsection (a), it is the sense of the Congress that the Secretary should accord priority to the implementation of land management practices and structural practices by producers who own or operate confined animal feeding operations. The priority so accorded to confined animal feeding operations should not depend on the size of the operation.'.

SEC. 211. PILOT PROGRAMS TO PREVENT LISTING OF ENDANGERED SPECIES AND PRESERVE CRITICAL HABITATS.

Section 387 of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a) is amended--

(1) by redesignating subsection (c) as subsection (e); and

(2) by inserting after subsection (b) the following new subsections:

`(c) PILOT PROGRAMS TO PREVENT LISTING OF ENDANGERED SPECIES AND PRESERVE CRITICAL HABITATS- Of the total amount made available under subsection (e) for fiscal years 2003 through 2012, the Secretary shall use $40,000,000 to support pilot programs involving local initiatives to prevent the listing of a fish, wildlife, or plant species as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) through the preservation or development of critical habitat for such species. No more than two pilot programs may be supported under this subsection in any region of the United States.

`(d) EFFECT OF PARTICIPATION- A person receiving cost-share payments under subsection (b) or participating in a pilot program funded under subsection (c) shall not be penalized or subject to increased land use regulations if, as a result of the activities undertaken with the funds provided under this section, a threatened species or endangered species locates on the preserved or developed wildlife habitat. Participation in the program, including a pilot program funded under subsection (c), is voluntary, and a participant shall not lose any rights to control access to private property on account of the receipt of a payment under this section.'.

SEC. 221. FULL ENROLLMENT OF AUTHORIZED ACREAGE.

Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended by adding at the end the following new sentence: `If, as of the date of the enactment of the XX Act of 2001, the maximum authorized acreage is not yet enrolled, the Secretary shall encourage additional enrollments so as to achieve enrollment of the maximum authorized acreage.'.

SEC. 222. ADDITIONAL PILOT PROGRAM.

Section 1231(b) of the Food Security Act of 1985 (16 U.S.C. 3831(b)) is amended by adding at the end the following new subsection:

`(i) PILOT PROGRAM TO ADDRESS LOCAL AND REGIONAL CONSERVATION ISSUES-

`(1) AUTHORIZED ACREAGE- The Secretary may enroll in the conservation reserve under this subsection up to 10,000,000 acres. Any acreage enrolled under this subsection shall not be counted toward maximum enrollment limitation specified in subsection (d).

`(2) PILOT PROGRAMS AUTHORIZED- The Secretary shall carry out pilot programs to evaluate the feasibility of using the conservation reserve program to support local and regional efforts to preserve croplands and pasture lands and address conservation issues. The Secretary may make grants to, or enter into agreements with, public and private entities that operate farmland protection programs and that offer to undertake the enrollment of acreage under the pilot program.

`(3) MAXIMUM PROGRAM ENROLLMENT- The Secretary shall conduct at least 10 pilot programs under the authority of this section, and not more than 1,000,000 acres may be enrolled through a single pilot program.

`(4) ELIGIBLE LANDS- The following lands are eligible for enrollment under the pilot program:

`(A) Lands described in subsection (b).

`(B) Croplands or pasture lands that are not otherwise eligible for enrollment, but that contain habitat suitable for a fish, wildlife, or plant species that is listed, being considered for listing, or may be considered for listing as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

`(5) CONTINUATION OF AGRICULTURAL USE- Lands used before enrollment for the production of an agricultural commodity or the grazing of livestock may remain in production after enrollment.'.

SEC. 223. EXPANDED HAYING AND GRAZING.

Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3832(a)(7)(A)) is amended--

(1) by striking `and' at the end of clauses (i) and (ii);

(2) by adding at the end the following new clauses:

`(iii) harvesting or grazing according to approved stocking rates or other commercial use of the forage on such land if the Secretary determines that the harvesting or grazing or other commercial use of the forage will enhance the quality of the vegetative cover and the harvesting or grazing or other commercial use of the forage is conducted no more frequently than authorized for other maintenance options; and

`(iv) grazing on land that is subject to a contract entered into under the Secretary's continuous signup authority when the grazing is incidental to the grazing of a growing winter-seeded crop; and'.

SEC. 224. PROTECTION OF FARM PROGRAM BASE.

Section 1236 of the Food Security Act of 1985 (16 U.S.C. 3836) is amended--

(1) by striking subsection (a); and

(2) in subsection (b), by striking `may provide' and inserting `shall provide'.

SEC. 231. INCREASE IN AUTHORIZED MAXIMUM ENROLLMENT.

(a) INCREASE- Section 1237(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3837(b)(1)) is amended by striking `975,000' and inserting `2,500,000'.

(b) CONFORMING REPEAL- Section 808 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted by Public Law 106-387; 114 Stat. 1549A-52), is repealed.

SEC. 232. ENROLLMENT METHODS.

Section 1237(b) of the Food Security Act of 1985 (16 U.S.C. 3837(b)) is amended by striking paragraph (2) and inserting the following new paragraph:

`(2) METHODS OF ENROLLMENT- The Secretary may enroll up to 1,000,000 acres of eligible lands into the wetlands reserve program using permanent easements, with the remaining authorized acreage enrolled into 30-year easements or restoration cost-share agreements.'.

SEC. 241. SENSE OF CONGRESS CONCERNING CONSERVATION TECHNICAL ASSISTANCE.

It is the sense of Congress that not less than $1,000,000,000 should be appropriated the Secretary of Agriculture each fiscal year to restore staffing and technical assistance levels for the Natural Resources Conservation Service to pre-1985 levels since Natural Resources Conservation Service personnel are the key component necessary to deliver current and expanded conservation programs and to assist producers in planning and implementing successful conservation initiatives.