| HR 1949 IH
107th CONGRESS
1st Session
H. R. 1949
To amend the Food
Security Act of 1985 to establish the conservation security program.
IN THE HOUSE OF REPRESENTATIVES
May 22, 2001
Mr. THUNE (for himself, Mr.
Hinchey, Ms. Kaptur, Mr. Boswell, Ms. Baldwin, Mr. Wynn, Mr. Oberstar,
Mr. Brady of Texas, Mr. Bereuter, Mrs. Emerson, Ms. Slaughter, Mr. Shimkus,
Mr. Ramstad, Ms. McCollum, Mr. Cooksey, and Mr. Boucher) introduced the
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committee on the Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Food
Security Act of 1985 to establish the 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 of 2001'.
SEC. 2. FINDINGS.
(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, fish and
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 conservation practices; and
(B) should be encouraged
to engage in good stewardship, and 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;
(C) enable United States
farmers and ranchers to produce food for a growing world population; and
(D) encourage conservation
practices that provide a public benefit while not infringing on the freedom
of an agricultural producer to manage agricultural operations as the agricultural
producer chooses;
(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; and
(10) a conservation program
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 1 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 on land
enrolled in the conservation security program 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, fish and wildlife
habitat, and air quality impairment.
`(6) RESOURCE OF CONCERN-
The term `resource of concern' means a conservation priority of the State
and locality under section 1240Q(c)(3).
`(7) RESOURCE-CONSERVING
CROP- The term `resource-conserving crop' means--
`(B) a legume grown for
use as forage, seed for planting, 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 and annual grasses, as the Secretary considers appropriate
for a particular area.
`(8) RESOURCE-CONSERVING
CROP ROTATION- The term `resource-conserving crop rotation' means a crop
rotation that--
`(A) includes at least 1
resource-conserving crop;
`(C) improves soil fertility
and tilth; and
`(D) interrupts pest cycles.
`(9) 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, as defined in the Natural Resource Conservation Service technical
guidance handbooks.
`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 management,
with special emphasis on species identified by the Natural Heritage Program
of the State;
`(10) reduction of greenhouse
gas emissions and enhancement of carbon sequestration;
`(11) systems that protect
human health and safety;
`(12) environmentally sound
management of invasive species; or
`(13) any similar conservation
purpose (as determined by the Secretary).
`(1) ELIGIBLE OWNERS AND
OPERATORS- 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)(1); and
`(B) enter into a conservation
security contract with the Secretary to carry out the conservation security
plan.
`(A) IN GENERAL- Except
as provided in subparagraph (C)(iii), private agricultural land (including
cropland, rangeland, grassland, and pasture land) that is entirely used
as part of the agricultural operation of an owner or operator on the date
of enactment of this chapter shall be eligible for enrollment in the conservation
security program.
`(B) FORESTED LAND- Private
forested land shall be eligible for enrollment in the conservation security
program if the forested land is integrated into the agricultural operation,
including land that is used for--
`(v) silvopasture systems;
and
`(vi) such other uses as
the Secretary may determine appropriate.
`(i) CONSERVATION RESERVE
PROGRAM- 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.
`(ii) WETLANDS RESERVE PROGRAM-
Land enrolled in the wetlands preserve program established under subchapter
C of chapter 1 of subtitle D shall not be eligible for enrollment in the
conservation security program.
`(iii) TOLERANCE LEVEL-
The Secretary shall promulgate regulations to ensure that land shall not
be eligible for enrollment in the conservation security program if the
land--
`(I) is initially used for
the production of an agricultural commodity after the date of enactment
of this chapter; and
`(II) cannot be used for
the production of an agricultural commodity without resulting in the loss
of soil at a level that exceeds the soil loss tolerance level.
`(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 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, State, local, or private conservation programs;
`(D) to maintain the agricultural
integrity of the land; and
`(E) to adopt innovative
conservation technologies and management practices.
`(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) ELIGIBLE CONSERVATION
PRACTICES-
`(i) IN GENERAL- The Secretary
shall make eligible for payment under a conservation security contract
land management, vegetative, and structural practices that--
`(I) are necessary to achieve
the objectives of the conservation security plan; and
`(II) primarily provide
for and have as the primary purpose resource protection and environmental
improvement.
`(I) IN GENERAL- In determining
the eligibility of a practice described in clause (i), the Secretary shall
require the lowest cost alternatives be used to fulfill the objectives
of the conservation security plan.
`(II) LIMITATION- Notwithstanding
subclause (I), the adoption of innovative technologies shall, to the maximum
extent practicable, not be limited.
`(2) SUSTAINABLE ECONOMIC
USES- With respect to land enrolled in the conservation security program,
including all 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) greenhouse gas reduction
and carbon sequestration;
`(F) agro-ecological restoration
and wildlife habitat restoration;
`(H) invasive species control;
`(I) energy conservation
and management; or
`(J) 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) 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.
`(C) 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 3 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)(C).
`(5) TIERS- To carry out
this subsection, the Secretary shall establish the following 3 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) if applicable, address
at least 1 resource of concern to 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
(4);
`(ii) CONSERVATION PRACTICES-
Tier I conservation practices shall consist of, as appropriate for the
agricultural operation of an owner or operator, 1 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) Fish and wildlife
habitat management, with special emphasis on species identified by the
Natural Heritage Program of the State or the appropriate State agency.
`(VIII) Fish and wildlife
protection and enhancement.
`(IX) Air quality management.
`(X) Energy conservation
measures.
`(XI) Biological resource
conservation and regeneration.
`(XII) Worker health and
safety protection measures.
`(XIII) Animal welfare management.
`(XIV) Plant and animal
germplasm conservation, evaluation, and development.
`(XX) Monitoring and evaluation.
`(XXI) Any other conservation
practice that the Secretary determines to be appropriate and comparable
to
other conservation practices
described in this clause.
`(iii) TIER II PRACTICES-
A conservation security plan for land enrolled in the conservation security
program that will be maintained using Tier I conservation practices may
include Tier II conservation practices.
`(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 at least 1
resource of concern as 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 chosen resource of concern 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, any of the Tier I conservation
practices and 1 or more of the following land use adjustment or protection
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 appropriate to the agricultural operation).
`(V) Fish and wildlife habitat
protection and restoration.
`(VI) Native grassland and
prairie protection and restoration.
`(VII) Wetland protection
and restoration.
`(VIII) Agroforestry practices
and systems.
`(IX) 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 resources
of concern in 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 1 or more
Tier I conservation practices
shall have a term of 5 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 5 to 10 years, at
the option of the owner or operator.
`(A) OPTIONAL MODIFICATIONS-
`(i) IN GENERAL- An owner
or operator may 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) OTHER 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 type, size, management,
or other aspect of the agricultural operation of the owner or operator
would, without the modification, significantly interfere with achieving
the purposes of the conservation security program.
`(ii) PAYMENTS- The Secretary
may adjust the amount and timing of 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
complied 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 at the tier
I level in the conservation security program, the owner or operator shall
increase the level of conservation treatment on lands enrolled in the conservation
security program by--
`(I) adopting new conservation
practices; or
`(II) expanding existing
practices to meet the resource management systems criteria.
`(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 5-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 5-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 (F), under a conservation security contract,
the Secretary shall, in amounts and for a period of years specified in
the conservation security contract and taking into account any advance
payments, 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) TIME OF PAYMENT- The
Secretary shall provide payment under a conservation security contract
as soon as practicable after October 1 of each calendar year.
`(D) CRITERIA FOR DETERMINING
AMOUNT OF PAYMENTS- Subject to subparagraphs (A) and (F), 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) to the maximum extent
practicable, outcome-based factors related to the natural resource and
environmental benefits that result from the adoption, maintenance, and
improvement in implementation of the conservation practices carried out
by the person;
`(II) practice-based factors,
including--
`(aa) the number of
eligible practices established or maintained;
`(bb) the schedule
for the conservation practices described in subsection (c)(1)(C);
`(cc) the cost of
the adoption, maintenance, and improvement in implementation of conservation
practices that are newly implemented under the conservation security contract;
`(dd) the extent
to which compensation will ensure maintenance and improvement of conservation
practices that are or have been implemented;
`(ee) the extent
to which the conservation security plan meets applicable resource management
system standards;
`(ff) the extent
to which the conservation security plan addresses State and local conservation
priorities as provided for under subsection (c)(3); and
`(gg) the extent
of activities undertaken beyond what is required to comply with any applicable
Federal agricultural law;
`(III) additional cost factors,
including--
`(aa) 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;
`(bb) the costs associated
with any on-farm research, demonstration, or pilot testing components of
the conservation security plan; and
`(cc) the costs associated
with monitoring and evaluating results under the conservation security
plan; and
`(IV) such other factors
as the Secretary determines to be appropriate to encourage participation
in the conservation security program and to reward environmental stewardship.
`(E) BONUS PAYMENT- Subject
to subparagraph (A), the Secretary shall offer bonus payments based on--
`(i) participation in a
watershed or regional resource conservation plan involving at least 75
percent of landowners in the targeted area; and
`(ii) 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))).
`(F) 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 security 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
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 identical land enrolled in the conservation
security program and 1 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).
`(iii) PAYMENT FROM NON-FEDERAL
AGRICULTURAL PROGRAMS- Payments received from a Federal program administered
by the Secretary, or any State, local, or private agricultural program,
shall not be considered an annual payment for purposes of the annual payment
limitations under subparagraph (A).
`(G) 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 5 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 EMPLOYED BY THE DEPARTMENT OF AGRICULTURE-
`(i) IN GENERAL- Under subparagraph
(A), subject to clause (ii), technical assistance provided by qualified
persons not employed by the Department of Agriculture, including farmers,
ranchers, and local conservation district personnel, 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) OUTSIDE ASSISTANCE-
`(I) IN GENERAL- The Secretary
may contract directly with qualified persons not employed by the Department
of Agriculture to provide technical assistance.
`(II) PAYMENT BY SECRETARY-
The Secretary may provide a payment or voucher to an owner or operator
enrolled in the conservation security program if the owner or operator
chooses to contract with qualified persons not employed by the Department
of Agriculture.
`(iii) 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-
`(i) IN GENERAL- In carrying
out activities described in subparagraph (A), the Secretary may use persons
not employed by the Department of Agriculture, including networks of agricultural
producers operating in a small watershed, local conservation district personnel,
or other appropriate local entity.
`(ii) EDUCATION, OUTREACH,
AND MONITORING- The Secretary may contract with private non-profit, community-based
organizations, and educational institutions with demonstrated experience
in providing education, outreach, monitoring, evaluation, or related services
to agricultural producers (including owners and operators of small and
medium-size farms, socially disadvantaged agricultural producers, and limited
resource agricultural producers).
`(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) SOCIALLY DISADVANTAGED
AND LIMITED RESOURCE OWNERS AND OPERATORS- The Secretary shall provide
outreach, training, and technical assistance specifically to encourage
and assist socially disadvantaged owners and operators to participate in
the conservation security program.
`(9) 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.
`(10) 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)(i) is otherwise required
by law to release or disclose the plan and;
`(ii) releases the plan
in an anonymous or aggregated form.
`(11) 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 2-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- Of the funds
of the Commodity Credit Corporation, the Corporation shall make available
to carry out this chapter such sums as are necessary, to remain available
until expended.
`(k) EXEMPTION FROM AUTOMATIC
SEQUESTER- Notwithstanding any other provision of law, no order issued
for any fiscal year under section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 902) shall affect any payment under
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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