| HR 2375 IH
107th CONGRESS
1st Session
H. R. 2375
To promote the conservation
and preservation of working farms, ranches, and private forests.
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. KIND (for himself, Mr. GILCHREST,
Mr. BOEHLERT, Mr. DINGELL, Mrs. JOHNSON of Connecticut, Mr. LARSEN of Washington,
Mr. GEORGE MILLER of California, Mr. PETRI, Mr. THOMPSON of California,
Mr. BONIOR, Mr. QUINN, Mr. HOYER, Mr. WALSH, Mr. DICKS, Mr. EHLERS, Mr.
OBERSTAR, Mr. BASS, Mr. BAIRD, Mr. KOLBE, Ms. WOOLSEY, Mrs. TAUSCHER, Mr.
KING, Mr. UDALL of Colorado, Mr. GILMAN, Mr. MCDERMOTT, Mr. HINCHEY, Mrs.
ROUKEMA, Mr. MCNULTY, Mr. BORSKI, Mr. MCHUGH, Mr. ETHERIDGE, Mrs. MORELLA,
Mr. FARR of California, Mr. PALLONE, Mr. STUPAK, Mr. DELAHUNT, Mr. OLVER,
Mr. GREENWOOD, Mr. KILDEE, Mr. BALDACCI, Mr. BLUMENAUER, Mr. ALLEN, Mr.
KUCINICH, Mr. KENNEDY of Rhode Island, Mr. LANGEVIN, Ms. BALDWIN, Mr. BARRETT
of Wisconsin, Mr. MORAN of Virginia, Mrs. NAPOLITANO, Ms. MCCOLLUM, Mr.
SMITH of Washington, Mr. INSLEE, Mr. LEWIS of Georgia, Mr. HOLT, Mr. WU,
and Ms. HOOLEY of Oregon) introduced the following bill; which was referred
to the Committee on Agriculture
A BILL
To promote the conservation
and preservation of working farms, ranches, and private forests.
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) SHORT TITLE- This Act
may be cited as the `Working Lands Stewardship Act of 2001'.
(b) TABLE OF CONTENTS- The
table of contents of this Act is as follows:
Sec. 1. Short title; table
of contents.
Sec. 2. Findings and purposes.
TITLE I--FARM, RANCH, AND RURAL
COMMUNITY PRESERVATION
Sec. 101. Farmland protection
program.
Sec. 102. Expansion of State
marketing programs.
Sec. 103. Farmer-to-consumer
marketing.
Sec. 104. Program to promote
purchase of locally grown fruits and vegetables.
Sec. 105. Socially disadvantaged
farmers.
TITLE II--ENVIRONMENTAL STEWARDSHIP
ON WORKING LANDS
Sec. 201. Environmental
quality incentives program.
Sec. 202. Manure reuse loans
and grants.
TITLE II--PRESERVATION OF WILDLIFE
HABITAT
Sec. 301. Wildlife habitat
incentives program.
Sec. 302. Wetlands reserve
program.
Sec. 303. Wetlands reserve
enhancement program.
Sec. 304. Conservation reserve
program.
Sec. 305. Conservation of
private grazing lands.
Sec. 306. Grassland reserve
program.
TITLE IV--ORGANIC FARMING
Sec. 401. Program to assist
transition to organic farming.
TITLE V--FORESTRY
Sec. 501. Forest stewardship
program.
Sec. 502. Urban and community
forestry.
Sec. 503. Elimination of
repetition in Federal cooperative forestry assistance programs.
TITLE VI--TECHNICAL ASSISTANCE
Sec. 601. Conservation technical
assistance.
Sec. 602. Reimbursement
for program administration and outreach.
Sec. 603. Technical assistance
by others.
Sec. 604. Conservation practice
standards.
TITLE VII--MISCELLANEOUS CONSERVATION
PROVISIONS
Sec. 701. Regional equity.
Sec. 702. Conservation program
performance review and evaluation.
TITLE VIII--CONSERVATION CORRIDOR
DEMONSTRATION PROGRAM
Sec. 801. Demonstration
program to promote and support ecosystem- and watershed-based conservation.
Sec. 802. Conservation plan.
Sec. 803. Funding requirements.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds
the following:
(1) In addition to producing
food and fiber, American farmers, ranchers, and private forest landowners
can contribute to cleaner water, wildlife habitat and open space.
(2) Thousands of farmers,
ranchers, and private forest landowners who seek Federal financial and
technical assistance to further promote the conservation and related benefits
of food and fiber production are rejected each year due to inadequate funding
for these Federal financial and technical assistance programs.
(3) Increased conservation
assistance will reduce long-term water treatment and dredging costs, protect
rare species, and preserve open space.
(4) A voluntary, incentive-based
approach to conservation will reward farmer stewardship, help producers
comply with regulations, and increase farm profitability.
(5) Increasing the income
to farmers, ranchers, and private forest landowners is one of the most
effective tools available for reducing the loss of open space and maintaining
the nation's working landscapes.
(b) PURPOSES- The purposes
of this Act are--
(1) to contribute to farmer,
rancher and private forester profitability;
(2) to develop new markets
for agricultural and forestry products;
(3) to reward farmers, ranchers,
and private forest landowners when they contribute to clean water, fish
and wildlife habitat, and open space;
(4) to meet farmer, rancher,
and private forester demand for Federal financial and technical assistance;
and
(5) to reduce long-term
drinking water treatment and dredging costs.
SEC. 3. DEFINITIONS.
(1) SECRETARY- The term
`Secretary' means the Secretary of Agriculture.
(2) INNOVATIVE MANURE MANAGEMENT-
The term `innovative manure management' means manure management technologies
that--
(A) eliminate the discharge
of animal waste to surface and groundwaters through direct discharge, seepage
and runoff;
(B) substantially eliminate
atmospheric emissions of ammonia;
(C) substantially eliminate
the emission of odor that is detectable beyond the boundaries of the animal
operation;
(D) substantially eliminate
the release of disease-transmitting vectors and airborne pathogens; or
(E) substantially eliminate
nutrient heavy metal contamination.
TITLE I--FARM, RANCH, AND RURAL
COMMUNITY PRESERVATION
SEC. 101. FARMLAND PROTECTION
PROGRAM.
(a) IN GENERAL- Section
388 of the Federal Agriculture Improvement and Reform Act of 1996 (Public
Law 104-127; 16 U.S.C. 3830 note) is amended to read as follows:
`SEC. 388. FARMLAND PROTECTION
PROGRAM.
`(a) ESTABLISHMENT AND PURPOSE-
The Secretary of Agriculture shall carry out a farmland protection program
for the purpose of protecting farm, ranch, and forest lands with prime,
unique, or other productive uses by limiting the nonagricultural uses of
the lands. Under the program, the Secretary may provide matching grants
to eligible entities described in subsection (d) to facilitate their purchase
of--
`(1) permanent conservation
easements in such lands; or
`(2) conservation easements
or other interests in such lands when the lands are subject to a pending
offer from a State or local government.
`(b) CONSERVATION PLAN-
Any highly erodible land for which a conservation easement or other interest
is purchased using funds made available under this section shall be subject
to the requirements of a conservation plan that requires, at the option
of the Secretary of Agriculture, the conversion of the cropland to less
intensive uses.
`(c) MAXIMUM FEDERAL SHARE-
The Federal share of the cost of purchasing a conservation easement described
in subsection (a)(1) may not exceed 50 percent of the total cost of purchasing
the easement.
`(d) ELIGIBLE ENTITY DEFINED-
In this section, the term `eligible entity' means any of the following:
`(1) An agency of a State
or local government.
`(2) A federally recognized
Indian tribe.
`(3) Any organization that
is organized for, and at all times since its formation has been operated
principally for, one or more of the conservation purposes specified in
clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue
Code of 1986 and--
`(A) is described in section
501(c)(3) of the Code;
`(B) is exempt from taxation
under section 501(a) of the Code; and
`(C) is described in paragraph
(2) of section 509(a) of the Code, or paragraph (3) of such section, but
is controlled by an organization described in paragraph (2) of such section.
`(e) GRANT FACTORS- Among
the factors the Secretary shall use to make grants under this section,
the Secretary shall consider the extent to which States are encouraging
or adopting measures to protect farmland and ranchland from conversion
to urban uses.
`(f) TITLE; ENFORCEMENT-
Any eligible entity may hold title to a conservation easement purchased
using grant funds provided under subsection (a)(1) and enforce the conservation
requirements of the easement.
`(g) STATE CERTIFICATION-
As a condition of the receipt by an eligible entity of a grant under subsection
(a)(1), the attorney general of the State in which the conservation easement
is to be purchased using the grant funds shall certify that the conservation
easement to be purchased is in a form that is sufficient, under the laws
of the State, to achieve the purposes of the farmland protection program
and the terms and conditions of the grant.
`(1) USE OF COMMODITY CREDIT
CORPORATION FUNDS- The Secretary shall use not more than $500,000,000 of
the funds of the Commodity Credit Corporation for each of the fiscal years
2003 through 2008 to carry out this section.
`(2) LIMITATION ON TECHNICAL
ASSISTANCE- To provide technical assistance to carry out this section,
the Secretary may not use more than 10 percent of the amount made available
for any fiscal year under paragraph (1).'.
(b) GRANTS AND ASSISTANCE
TO ENHANCE FARM VIABILITY- To complement the farmland protection program
required by section 388 of the Federal Agriculture Improvement and Reform
Act of 1996 (Public Law 104-127; 7 U.S.C. 3830 note), the Secretary of
Agriculture shall establish a $10,000,000 program, using funds of the Commodity
Credit Corporation, to provide market development grants and technical
assistance to farm and ranch operators in exchange for a 5-year or 10-year
agreement to forgo development of the lands covered by the agreement.
(1) BUSINESS PLANS- The
Secretary shall establish teams of experts to assist a farm and ranch operator
participating in the program to develop a business plan for the operator's
farm or ranch.
(2) CONSULTATION- To the
maximum extent possible, the Secretary shall consult with State or commonwealth
agriculture departments, including the Agriculture Commission for the State
of Massachusetts, in connection with the development and implementation
of the program in each respective State.
SEC. 102. EXPANSION OF STATE
MARKETING PROGRAMS.
(a) FEDERAL-STATE MARKET
INCENTIVE PAYMENTS- Section 204(b) (7 USCA 1623) of the Agricultural Marketing
Act of 1946 is amended by deleting `such sums as he may deem appropriate'
with `$10 million from the Commodity Credit Corporation for each of the
fiscal years 2003 through 2008.'
(b) MARKET DEVELOPMENT GRANTS-
Section 203(e)(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(e))
is amended by adding at the end the following new sentence: `The Secretary
shall transfer to State departments of agriculture and other State marketing
offices at least 10 percent of the funds appropriated for a fiscal year
for this subsection to facilitate the development of local and regional
markets for agricultural products, including direct farm-to-consumer markets.'.
(c) MARKETING SERVICE AND
RESEARCH- Section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1623(b)) is amended by striking `authorized to make available from such
funds such sums as he may deem appropriate for allotment' and inserting
`directed to allocate at least 10 percent of annual appropriations under
subsection (a)'.
SEC. 103. FARMER-TO-CONSUMER
MARKETING.
The Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3001-3006) is amended as follows:
(a) FARMERS MARKET GRANTS-
The Secretary shall establish a program to provide grants to develop farmers
markets. There is hereby authorized to be appropriated from the Commodity
Credit Corporation $10,000,000 for each of the fiscal years 2003 through
2008.
(b) TECHNICAL ASSISTANCE-
Section 5(a) is amended by inserting the following:
`(4) providing technical
assistance to urban and suburban agricultural fairs.'.
(c) AUTHORIZATION OF APPROPRIATIONS-
Section 7(b) is amended by deleting `$1,500,000' and inserting `$5,000,000'.
(d) FARMER MARKET DEVELOPMENT-
Section 3004(a)(3) is amended by inserting the following: `The Secretary
shall work with States Departments of Agriculture to develop programs to
train managers of farmers markets, and shall create opportunities to share
information among farmers market managers.'.
(e) DIRECT MARKETING TRAINING-
Section 3004(a)(5) is amended by inserting the following:
`(5) The Secretary shall
establish a program to train cooperative extension service employees in
the development of direct marketing techniques, and shall work with producers
to develop farmers markets.'.
SEC. 104. PROGRAM TO PROMOTE
PURCHASE OF LOCALLY GROWN FRUITS AND VEGETABLES.
(a) NATIONAL PROMOTIONAL
CAMPAIGN- The Secretary shall establish a national campaign to urge Federal
and non-Federal consumers to buy locally-grown fruits and vegetables and
value-added products made from locally-grown fruits and vegetables, to
highlight the nutritional value of fresh, locally-grown produce, and to
highlight the connection between local food production, consumer buying
behavior, and loss of open space.
(b) FEDERAL PURCHASES- The
Secretary shall establish a memorandum of agreement with the Secretary
of Defense and the Secretary of Education to ensure that at least 75 percent
of the fruits and vegetables and value-added products made from fruits
and vegetables acquired by public schools and military installations is
locally grown.
(c) FINANCIAL SUPPORT- To
promote the use of locally grown fruits and vegetables and value-added
products made from locally grown fruits and vegetables in schools, the
Secretary shall provide such sums as necessary for incorporating locally
grown fruits and vegetables and value-added products thereof into school-provided
meals.
SEC. 105. SOCIALLY DISADVANTAGED
FARMERS.
Section 2501(a)(3) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(3))
is amended by striking `$10,000,000' and inserting `$25,000,000'.
TITLE II--ENVIRONMENTAL STEWARDSHIP
ON WORKING LANDS
SEC. 201. ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
(a) EXTENSION AND FUNDING
INCREASE- Section 1241(b)(1) of the Food Security Act of 1985 (16 U.S.C.
3841(b)(1)) is amended--
(1) by striking `1996, and'
and inserting `2002,'; and
(2) by striking `2002,'
and inserting `2008, and $1,000,000,000 of the funds allocated by the Commodity
Credit Corporation for each of the fiscal years 2003 through 2008.'.
(b) SET ASIDES- Section
1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended
by striking paragraph (2) and inserting the following new paragraph:
`(2) SET ASIDES FOR LIVESTOCK,
AND WATER CONSERVATION- For each of the fiscal years 2003 through 2008:
`(A) MANAGED GRAZING- Not
less than 20 percent of the funding available for technical assistance,
cost-sharing payments, and incentive payments shall be targeted at managed
grazing systems;
`(B) INNOVATIVE MANURE MANAGEMENT-
Not less than 10 percent of the funding available for technical assistance,
cost-sharing payments, and incentive payments shall be targeted for innovative
manure management systems, including digesters.
`(C) WATER CONSERVATION-
Not less than 20 percent of the funding available for technical assistance,
cost-sharing payments, and incentive payments shall be made available for
innovative irrigation efficiency infrastructure and practices. Not less
than half of the set aside available for water conservation shall be provided
for measures that improve habitat conditions for fisheries.
`(D) PESTICIDE REDUCTION-
Not less than 10 percent of the funding available for technical assistance,
cost-sharing payments, and incentive payments shall be targeted for practices
which reduce the use and toxicity of pesticides.'.
(c) WATERSHED QUALITY INCENTIVE
CONTRACTS-
(1) IN GENERAL- The Secretary
shall provide incentive payments to reward private landowners who implement
nutrient management, pest management, or soil erosion practices that protect
public drinking water supplies.
(2) CONTRACTS- The Secretary
shall enter into multi-year contracts with private landowners whose activities
affect public drinking water supplies to reduce soil loss, improve water
quality, and protect human health.
(3) PLAN- To be eligible
to receive incentive payments, landowners whose activities affect public
drinking water supplies shall submit a plan, and shall enter into a watershed
quality incentives contract with the Secretary to carry out the plan. The
plan shall--
(A) describe the nutrient
management, pest management or soil loss practices to be implemented, maintained,
or improved;
(B) contain a schedule of
implementation;
(C) address water quality
priorities of the watershed in which the operation is located to the greatest
extent possible; and
(D) contain such other terms
as the Secretary determines to be appropriate.
(4) CONSISTENCY WITH WATERSHED
PLAN- Conservation practices proposed in the plan required by paragraph
(3) must be consistent with a watershed plan developed by the Secretary,
based upon the best available science, that identifies and ranks measures,
such as nutrient management, pest management and conservation tillage,
needed to improve the quality of public drinking water supplies in a watershed.
(5) ROLE OF WATERSHED COUNCILS-
The Secretary shall, to the maximum extent possible, work with conservation
districts and existing and new watershed councils to develop the watershed
plan under paragraph (4).
(6) AUTHORIZATION OF APPROPRIATIONS-
There is hereby authorized to be appropriated $1,000,000,000 from the Commodity
Credit Corporation to carry out the purposes of this subsection.
(7) ANNUAL PAYMENTS- The
Secretary is authorized to make annual payments to farm and ranch operators
not to exceed $50,000.
(8) MONITORING- To provide
incentives and cost-sharing payments under this subsection, the Secretary
shall collaborate with other Federal and non-Federal interests to maintain
or establish a water quality monitoring network to measure the benefits
of funds allocated under this subsection and must annually share the results
of such monitoring.
(9) PRIVACY- Data collected
will not be subject to mandatory disclosure provisions (5 U.S.C. 552),
but may be used in an aggregate form to measure expected benefits.
(10) GUIDANCE- The Secretary
shall collaborate with other local, state and Federal agencies to develop
guidance for locally-led water quality monitoring networks.
(11) ROLE OF DRINKING WATER
SUPPLIES-
(1) IN GENERAL- The Secretary
shall work with drinking water utilities to allocate payments under this
section.
(2) PILOT PROGRAM- The Secretary
shall permit drinking water utilities in 10 watersheds to allocate payments
under this section, provided that drinking water utilities maintain monitoring
networks which can target incentive and cost-sharing payments and measure
results.
(12) RECOGNITION OF STATE
EFFORTS- The Secretary shall recognize the financial contribution of States,
among other factors, during the allocation of funding under this subsection.
(d) EXCEPTION TO LIMITATION
ON PAYMENTS-
(1) Section 1240G(b) of
the Food Security Act of 1985 (16 USC 3839aa-7(a)) is amended by inserting
the following:
`(3) to share the cost of
digesters.'.
(2) No funding may be provided
to livestock producers who must comply with permit requirements under the
Federal Water Pollution Control Act.
(e) LIMITATION ON PAYMENTS-
Section 1240G(c) is repealed.
(f) EVALUATION OF OFFERS
AND PAYMENTS- Section 1240C is amended by inserting the following:
`(a) The Secretary shall
establish a ranking process and benefits index to prioritize technical
assistance, cost-share payments, and incentives to producers to maximize
soil and water quality and wildlife habitat benefits. The ranking process
shall be weighted to ensure that technical assistance, cost-share payments,
and incentives are provided to small and socially-disadvantaged farmers,
and shall recognize the extent to which producers have previously implemented
resource-conserving practices. The Secretary shall consult with local,
State, and Federal public and private to entities to develop the ranking
process and benefits index.'.
(g) NON-FEDERAL ASSISTANCE-
Section 1240B(g) is amended by inserting `drinking water utility' after
`forestry agency,' and by inserting `cost-share payments, and incentives'
after `technical assistance'.
(h) PRIORITY AREAS- Section
1240(c)(1) is amended by adding the following: `State allocations shall
reflect, among other appropriate factors, the extent to which
States have engaged local stakeholders
in setting priority areas, developed and implemented education and outreach
programs, and developed and implemented water quality monitoring programs
for designated priority areas.'.
(i) ANIMAL ANTIBIOTICS USE-
When providing funds for livestock operators under this section, the Secretary
shall consider, among other factors, the extent to which operators reduce
and limit the use of antibiotics to those levels necessary to ensure animal
health.
SEC. 202. MANURE REUSE LOANS
AND GRANTS.
(a) LOANS FOR FARM OWNERS
AND TENANTS- Section 304(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1924(a)) is amended--
(1) by striking `and' at
the end of paragraph (5);
(2) by re-designating paragraph
(6) as paragraph (7); and
(3) by inserting after paragraph
(5) the following:
`(6) the installation of
animal waste biogas recovery facilities; and'.
(b) LOANS FOR ORGANIZATIONS-
Section 306(a) of such Act (7 U.S.C. 1926(a)) is amended by inserting `the
installation of animal waste biogas recovery facilities' after `waste disposal
facilities,'.
(c) INCREASE IN MAXIMUM
LOAN- Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) is amended by
inserting the following: `Loans for digesters may exceed $50,000.'.
TITLE II--PRESERVATION OF WILDLIFE
HABITAT
SEC. 301. WILDLIFE HABITAT INCENTIVES
PROGRAM.
(a) EXTENSION AND FUNDING
INCREASE- Subsection (c) of section 387 of the Federal Agriculture Improvement
and Reform Act of 1996 (16 U.S.C. 3836a) is amended by inserting after
`2002' the following: `a total of $500,000,000 from the Commodity Credit
Corporation' for fiscal years 2003 through 2008,'.
(b) PROGRAM MODIFICATIONS-
Such section is further amended by adding at the end the following new
subsections:
`(d) FUNDING PRIORITY- Beginning
with fiscal year 2003, not less than 50 percent of the funds made available
under subsection (c) shall be targeted at ecologically significant habitat
for imperiled native species, including species identified as endangered,
threatened or of special concern by the U.S. Fish and Wildlife Service
or species that are considered imperiled by State natural heritage programs;
The Secretary shall establish a panel of experts from Federal and State
fish, wildlife and natural resource agencies to assist the Secretary in
meeting this goal.
`(e) SAFE HARBOR- The Secretary
is authorized to assist landowners entering safe harbor agreements by sharing
the costs of wildlife assessments or other costs related to safe harbor
agreements.
`(f) ACQUISITION OF EASEMENTS
AND WATER RIGHTS- Beginning with fiscal year 2003, not less than 20 percent
of the funds made available under subsection (c) shall be used to acquire
permanent easements and water rights to preserve important and declining
fish and wildlife habitats as identified by the Secretary for each State
in consultation with the State fish and wildlife agency.
`(g) INCENTIVE PAYMENTS-
The Secretary may provide incentive payments to landowners in exchange
for the implementation of land management practices designed to create
or preserve wildlife habitat. The payments may be in an amount and at a
rate determined by the Secretary to be necessary to encourage a landowner
to engage in the practice.
`(h) CRITERIA FOR ENROLLMENT-
The Secretary shall work with local, State and Federal experts to revise
enrollment criteria not later than six months after the date of enactments
to ensure that projects maximize conservation benefits, are regionally
equitable, and to encourage the implementation of projects that also contribute
to producer profitability.'.
SEC. 302. WETLANDS RESERVE PROGRAM.
(a) ENROLLMENT AUTHORITY-
Section 1237(b) of the Food Security Act of 1985 (16 U.S.C. 3837(b)) is
amended by striking paragraph (1) and inserting the following new paragraph:
`(1) ENROLLMENT- The Secretary
shall enroll a total of not less than 250,000 acres per fiscal year in
the wetlands reserve program during the fiscal years 2003 through 2008,
and the total number of acres enrolled in the wetlands reserve program
shall not exceed 2,500,000 acres.'.
(b) REGIONAL EQUITY- Section
1237A(f) of the Food Security Act of 1985 (16 U.S.C. 3837a(f)) is amended
by adding at the end the following new sentence:
`Not later than October
1, 2002, the Secretary shall reform compensation policies to ensure that
the enrollment of lands under this subchapter is equitable on a regional
basis, taking into account historic wetlands distribution and existing
opportunities for restoration.'.
SEC. 303. WETLANDS RESERVE ENHANCEMENT
PROGRAM.
(a) IN GENERAL- The Secretary
of Agriculture shall establish a cost-share program with any State or States
to enter into annual incentive payment contracts and easements with private
landowners or operators to protect 250,000 acres of wetlands that have
been identified by the State or States--
(1) as habitat for animal
or plant populations of significant ecological value;
(2) as having significant
water quality value; or
(3) as having the potential
to reduce flood losses.
(b) ELIGIBLE LANDS- Land
shall be eligible to be enrolled in the program if the Secretary of Agriculture
determines that the land--
(1) is a wetland or prior
converted wetland;
(2) once served as a natural
wetland, and is located in an area that has potential to serve as wetland
habitat for animal or plant populations of significant ecological value;
(3) is located within 150
feet of land described in paragraph (1) or (2); or
(4) is incidental to land
described in paragraph (1), (2) or (3), if the Secretary also determines
that enrollment of the incidental land is necessary for the efficient administration
of the other land.
(c) ELIGIBILITY REQUIREMENTS
FOR STATES- To be eligible for this program, a State must--
(1) Submit a wetland conservation
plan which identifies, by county or parish, wetlands in the respective
State that have been identified by the State as habitat for animal or plant
populations of significant ecological value; and
(2) Provide documentation
to the Secretary of potential and likely sources of in-kind or in-cash
contributions available from the State to meet the cost-share requirements
of the program created by this subsection. In-kind and in-cash contributions
from the State necessary to meet the requirements of the program may include
State and local governments, private non-profit and for-profit organizations,
and any private group and individual.
(d) COST SHARE REQUIREMENTS-
States eligible for this program must provide at least 25 percent of the
funds (in-kind and/or in-cash) necessary to negotiate, execute, maintain,
and enforce a contract or easement under this program.
(1) PERMITTED ACTIVITIES-
A contract or easement under this section may permit the following activities
on the land subject to the contract or easement:
(A) The use of common grazing
practices on the enrolled land in a manner that is consistent with maintaining
the viability of wetlands, riparian areas, and adjacent uplands.
(B) Haying, mowing, or haying
for seed production, except that such uses shall not be permitted until
after the end of the nesting and brood-rearing seasons for birds in the
local area which are in significant decline or are conserved pursuant to
State or Federal law, as determined by the Natural Resources Conservation
Service State Conservationist, in consultation with the State Technical
Committee, the State wildlife agency and the Secretary of the Interior.
(C) The construction of
fire breaks and fences, including placement of the posts necessary for
fences.
(2) PROHIBITED ACTIVITIES-
Enrolled land under this section may not be used for the following:
(A) The production of row-crops,
fruit trees, vineyards, or any other agricultural commodity that requires
breaking the soil surface.
(B) The conduct of any other
activities that would disturb the surface of the land covered by the contract,
including plowing and disking.
(3) SPECIAL RULES FOR PERMANENT
EASEMENTS- In the case of a permanent easement under this section, the
terms of the easement shall--
(A) permit wetland, grass
and shrub restoration;
(B) prohibit commercial
timber production or row crop production; and
(C) prohibit development.
(f) PAYMENTS- The Secretary
of Agriculture shall establish a system to fairly compensate landowners
for the value of an annual incentive payment contract or easement entered
into under this section.
(g) TERM OF CONTRACTS OR
EASEMENTS-
(1) CONTRACTS- The Secretary
is authorized to enter into annual incentive payment contracts with State(s)
and owners and/or operators of private land under this section that have
a duration of no less than 10 years and no more than 30 years.
(2) EASEMENTS- The Secretary
is authorized to purchase 30-year or perpetual easements under this section
from owners and/or operators of private land.
(h) SPECIAL EMPHASIS- Special
emphasis should be placed on enrollment of wetlands which are declining
or endangered regionally or nationally, and on those wetlands which are
not adequately protected by local, State, and Federal statute or regulation,
including isolated wetlands.
SEC. 304. CONSERVATION RESERVE
PROGRAM.
(a) ENROLLMENT AUTHORITY-
Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended--
(1) in subsection (a), by
striking `2002' and inserting `2008';
(2) in subsection (b)(3),
by striking `2002' and inserting `2008';
(A) by striking `36,400,000'
and inserting `45,000,000'; and
(B) by striking `2002' and
inserting `2008'; and
(4) in subsection (h)(1),
by striking `and 2002' and inserting `through 2008'.
(b) ENVIRONMENTALLY-SENSITIVE
LANDS AND BUFFER STRIPS- 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:
`Of the acreage authorized
for enrollment, not less than 9,000,000 acres shall be used to enroll environmentally-sensitive
lands, including buffers and conservation enhancement program easements;
and not less than 5,000,000 acres shall be used to enroll buffers to restore
wetlands, shrublands, grasslands, and other rare habitat.'.
(c) LIMITED PERMANENT EASEMENT
AUTHORITY- Section 1231(e) of the Food Security Act of 1985 (16 U.S.C.
3831(e)) is amended by adding at the end the following new paragraph:
`(3) PERMANENT EASEMENTS-
Notwithstanding paragraph (1), the Secretary may enroll up to 3,000,000
acres in the conservation reserve using permanent easements to protect
critically-important environmentally-sensitive lands, including 1,000,000
acres for isolated wetlands, and habitats such as native prairies, native
shrublands, small wetlands, springs, seeps, fens, and other rare and declining
habitats. The Secretary may provide a payment equal to not more than 14
percent of the cost of enrollment to qualified private entities providing
technical assistance, including conservation districts.
`(4) FRUIT AND VEGETABLES-
Producers of fruits and vegetables, sod, orchards, and specialty
crops shall be eligible for
the conservation reserve program to meet the terms of enrollment in the
continuous enrollment program or the conservation reserve enhancement program.
`(5) STATE AND LOCAL ROLE-
The Secretary shall attempt to implement paragraph (3) of this section
through qualified State and local governments and non-profit land conservation
organizations.'.
(d) PASTURE, HAY, AND RANGELANDS-
(1) ELIGIBLE LANDS- Section
1231(b) of the Food Security Act of 1985 (16 U.S.C. 3831(b)) is amended
by striking paragraph (3) and inserting the following new paragraph:
`(3) pasture, hay, and rangelands
if the land (A) will be restored as wetlands or (B) is in or within 300
feet of a riparian area, will be restored in native riparian vegetation,
and will be managed to prohibit livestock access;'.
(2) SPECIAL ENROLLMENT AUTHORITY-
Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended
by adding at the end the following new subsection:
`(i) ENROLLMENT OF GRASSLANDS
AND RANGELANDS-
`(1) ENROLLMENT AUTHORITY-
The Secretary may enroll up to 3,000,000 acres of grasslands and rangelands
in the conservation reserve if the conservation plan for the acreage--
`(A) prohibits all economic
use, including emergency haying and grazing;
`(B) ensures a mixture of
predominantly native species;
`(C) will benefit declining,
rare, and/or endangered species;
`(D) promotes the establishment
of plant communities that benefit wildlife; and
`(E) contributes to improvement
in water quality.
`(2) RELATION TO OTHER ENROLLMENTS-
Lands enrolled under the authority of this subsection shall be in addition
to any lands enrolled pursuant to subsection (b)(3).'.
(e) CONTINUOUS ENROLLMENT
OF BUFFER STRIPS- Section 1234(c) of the Food Security Act of 1985 (16
U.S.C. 3834(c)) is amended by adding at the end the following new paragraphs:
`(5) CONTINUOUS ENROLLMENT
OF BUFFER STRIPS AND SMALL WETLANDS- The Secretary shall allow continuous
enrollment of small wetlands (5 acres or less) and buffers whose width
and vegetation is designed to provide significant wildlife or water quality
benefits, as determined by the Secretary.
`(6) CONTOUR STRIPS- The
Secretary shall extend these incentives to contour buffer strips and other
in-field strip practices.
`(7) IRRIGATED LANDS- Irrigated
lands shall be enrolled at irrigated land rates unless the Secretary determines
that other compensation is appropriate.'.
(f) EXCEPTION TO PAYMENT
LIMITATION- Payments made in connection with the enrollment of lands pursuant
to the continuous enrollment or the conservation reserve enhancement program
shall not be subject to any payment limitations.
(g) NATIVE SEED COLLECTION-
The collection of native seeds is permitted on lands enrolled in the Conservation
Reserve Program.
SEC. 305. CONSERVATION OF PRIVATE
GRAZING LANDS.
Section 386 of the Federal
Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 2005b) is amended
by striking subsection (f) and inserting the following new subsections:
`(f) INCENTIVE PAYMENTS-
The Secretary may enter into 5-year, 10-year and 20-year contracts with
landowners to provide financial assistance for landowner efforts to improve
the ecological health of grazing lands, including practices that reduce
erosion, employ prescribed burns, restore riparian area, control or eliminate
exotic species, reestablish native grasses, or otherwise enhance wildlife
habitat.
`(g) AUTHORIZATION OF APPROPRIATIONS-
There are authorized to be appropriated to carry out this section $100,000,000
for each of the fiscal years 2003 through 2008 from the Commodity Credit
Corporation.'.
SEC. 306. GRASSLAND RESERVE
PROGRAM.
(a) IN GENERAL- The Secretary
of Agriculture shall establish a program to use contracts and easements
to protect 3,000,000 acres of environmentally-critical grasslands, shrublands,
and blufflands. At least half of the acres may be enrolled using permanent
easements, and the balance shall be enrolled in contracts through which
the Secretary shall provide assistance and incentive payments.
(b) ELIGIBLE LANDS- Land
shall be eligible to be enrolled in the program if the Secretary of Agriculture
determines that the land--
(1) is native grass or native
shrubs;
(2) is located in area that
has been historically dominated by native grass or shrubland and has potential
to serve as habitat for animal or plant populations of significant ecological
value if the land is restored to native grass or native shrubland; or
(3) is incidental to land
described in paragraph or if the Secretary also determines that enrollment
of the incidental land is necessary for the efficient administration of
the other land to ensure the success of maintaining or restoring native
grassland or native shrubland.
(1) IN GENERAL- The Secretary
shall enter into contracts of 10 years through which the Secretary may
provide the costs of management practices and incentive payments.
(2) PERMITTED ACTIVITIES-
A contract or easement under this section may permit the following activities
on the land subject to the contract or easement:
(A) The use of common grazing
practices on the enrolled land in a manner that is consistent with maintaining
the viability of native grass and shrub species and native wildlife species
indigenous to that locality.
(B) Haying, mowing, or haying
for seed production, except that such uses shall not be permitted until
after the end of the nesting and brood-rearing seasons for birds in the
local area which are in significant decline or are conserved pursuant to
State or Federal law, as determined by the Natural Resources Conservation
Service State Conservationist, in consultation with the State Technical
Committee, state wildlife agency and the US Fish and Wildlife Service.
(C) The construction of
fire breaks and fences, including placement of the posts necessary for
fences.
(D) Practices which reduce
erosion, restore native species, control and eradicate exotic species,
enhance habitat for native wildlife, and improve the health of riparian
areas.
(2) PROHIBITED ACTIVITIES-
Enrolled land under this section may not be used for the following:
(A) The production of row-crops,
fruit trees, vineyards, or any other agricultural commodity that requires
breaking the soil surface.
(B) The conduct of any other
activities that would disturb the surface of the land covered by the contract,
including plowing and disking .
(C) Development of homes,
businesses or other permanent structures.
(3) SPECIAL RULES FOR PERMANENT
EASEMENTS- In the case of a permanent easement under this section, the
terms of the easement shall--
(A) permit grass and shrub
restoration;
(B) permit the use of common
grazing practices in a manner consistent with maintaining the viability
of native grass and shrub species and native wildlife species indigenous
to that locality;
(C) prohibit forestry or
row crop production; and
(D) prohibit development.
(d) ESTABLISHMENT OF CRITERIA-
The Secretary of Agriculture shall establish criteria to evaluate and rank
applications for the enrollment of land under this section. In establishing
the criteria, the Secretary shall emphasize support for native grass and
shrubland, grazing operations, and plant and animal biodiversity, and the
protection of large contiguous tracts of working farmland and ranchland.
(e) PAYMENTS- The Secretary
of Agriculture shall establish a system to fairly compensate landowners
for the value of a contract or easement entered into under this section.
Easement payments for permanent easements should be the fair appraised
market value of the land unencumbered by the easement less the appraised
market value of the land encumbered by the easement.
TITLE IV--ORGANIC FARMING
SEC. 401. PROGRAM TO ASSIST
TRANSITION TO ORGANIC FARMING.
(a) ASSISTANCE AUTHORIZED-
The Secretary of Agriculture shall expand the National Organic Program
to include a voluntary program to assist agricultural producers and organic
certification organizations in making the transition from conventional
to organic farming and to reward existing organic farmers. Under the program,
the Secretary may make payments to cover all or a portion of--
(1) losses incurred while
the producer develops markets for the organic products;
(2) conservation practices
related to organic food production;
(4) technical assistance
by qualified third parties;
(5) educational materials;
(6) farm-to-consumer market
development; and
(7) monitoring by producers.
(b) LIMIT ON EXPENDITURES-
Payments to new and existing individual farm and ranch operators shall
not exceed $5,000 per year and payments shall not be made to individual
farm and ranch operators in more than three fiscal years.
(c) ORGANIC CERTIFICATION
REIMBURSEMENT PROGRAM- The Secretary shall establish a national organic
certification program to reimburse producers for the cost of organic certification.
To expedite certification, certified organic farmers shall be eligible
for a direct reimbursement of up to $500 by the Secretary of certification
costs, so long as producers present an organic certificate and receipt.
(d) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated from the Commodity Credit Corporation
to carry out this section $100,000,000 for each of the fiscal years 2003
through 2008.
TITLE V--FORESTRY
SEC. 501. FOREST STEWARDSHIP
PROGRAM.
(a) ENROLLMENT AUTHORITY
AND FUNDING INCREASE- Section 5 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103a) is amended--
(A) by striking `25,000,000'
and inserting `75,000,000'; and
(B) by striking `by December
31, 1995'; and
(2) in subsection (h), by
inserting after `1995,' the following: `$270,000,000 for each of the fiscal
years 2003 through 2008,'.
(b) ALTERNATIVE ACTIONS-
Section 5(d) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103a(d)) is amended--
(1) by striking `IMPLEMENTATION-
' and inserting `INFORMATION AND PROFESSIONAL ASSISTANCE- ';
(2) by inserting `and' at
the end of paragraph (2); and
(3) by striking paragraphs
(3) and (4) and inserting the following new paragraph:
`(3) promoting sustainable
timber management.'.
(c) NEW ELEMENTS OF PROGRAM-
Section 5 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103a) is amended--
(1) by redesignating subsections
(e), (f), (g), and (h) as subsections (j), (k), (l), and (m), respectively;
and
(2) by inserting after subsection
(d) the following new subsections:
`(e) COST SHARING OF NEW
LAND MANAGEMENT PRACTICES-
`(1) FINANCIAL ASSISTANCE-
The Secretary shall use not less than $150,000,000 of the amount appropriated
for a fiscal year pursuant to the authorization of appropriations in subsection
(m) to share the cost of land management practices that improve water quality
and wildlife habitat. The Secretary shall consider the extent to which
States have adopted minimum mandatory forestry practices when making allocations
of such funds to States.
`(2) ELIGIBLE PRACTICES-
Practices that are eligible for funding under this subsection include the
following:
`(A) Natural forest regeneration.
`(C) Native species restoration,
including the restoration of longleaf pine, ponderosa pine, chestnut, and
atlantic white cedar.
`(D) Selective harvesting.
`(E) Stream and watershed
restoration.
`(G) Exotic species control.
`(H) Permanent conservation
easements.
`(3) NON-FEDERAL SHARE-
The non-Federal share of projects implemented under this subsection shall
be 15 percent, which may be satisfied through in-kind contributions.
`(f) EASEMENTS- Not more
than 20 percent of the funds available under this section may be used to
acquire perpetual easements, and half of these funds may be used to acquire
easements which permit sustainable timber management.
`(g) TECHNICAL ASSISTANCE-
The Secretary may use up to $100,000,000 of the amount appropriated for
a fiscal year pursuant to the authorization of appropriations in subsection
(m) to provide technical assistance to private landowners implementing
practices that improve water quality and wildlife habitat. Not more than
$1,000,000 in technical assistance funding may be provided in the form
of grants to qualified third-parties for the purpose of implementing independent
certification programs.
`(h) WATERSHED FORESTRY
INITIATIVE- The Secretary may use up to $20,000,000 of the amount appropriated
for a fiscal year pursuant to the authorization of appropriations in subsection
(m) to make grants to finance private, nonindustrial forestry activities
that enhance the quality of municipal water supplies.
`(i) REGIONAL AND WATERSHED
PLANNING- The Secretary shall make information on lands affected by Federal
easement and incentive programs available to facilitate regional planning,
and shall promote efforts to identify high priority watersheds.'.
SEC. 502. URBAN AND COMMUNITY
FORESTRY.
Section 9 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended by striking
subsection (i) and inserting the following new subsection:
`(i) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated to carry out this section $100,000,000
for each of the fiscal years 2003 through 2008.'.
SEC. 503. ELIMINATION OF REPETITION
IN FEDERAL COOPERATIVE FORESTRY ASSISTANCE PROGRAMS.
The Secretary of Agriculture
shall combine existing Federal cooperative forestry assistance programs,
including the programs authorized by sections 6 and 9 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2103b, 2105), into a single
forest stewardship program designed to promote the health of private, nonindustrial
forests by providing financial and technical assistance to landowners to
improve water quality, wildlife habitat, and the preservation of open space
near urban areas.
TITLE VI--TECHNICAL ASSISTANCE
SEC. 601. CONSERVATION TECHNICAL
ASSISTANCE.
16 U.S.C. 590(a) is amended
by inserting the following: `There is hereby authorized to appropriated
from the Commodity Credit Corporation $964,000,000 for each of the fiscal
years 2003 through 2008 to provide technical assistance to farm and ranch
operators.'.
SEC. 602. REIMBURSEMENT FOR
PROGRAM ADMINISTRATION AND OUTREACH.
Subtitle E of title XII
of the Food Security Act of 1985 (16 U.S.C. 3841 et seq.) is amended to
read as follows:
`Subtitle E--Funding and Administration
`SEC. 1241. FUNDING.
`(a) MANDATORY EXPENSES;
TECHNICAL ASSISTANCE-
`(1) FUNDING- The Secretary
shall allocate funding from the Commodity Credit Corporation for the provision
of technical assistance to allow for full reimbursement of actual costs.
`(2) ELIGIBLE PROGRAMS-
Programs authorized for this funding include--
`(A) Environmental Quality
Incentives Program;
`(B) Wildlife Habitat Incentives
Program;
`(C) Conservation Reserve
Program;
`(D) Wetlands Reserve Program;
`(E) Farmland Protection
Program;
`(F) Agricultural Management
Assistance Program authorized under the Agricultural Risk Management Act
of 2000; and
`(G) any other conservation
programs administered through CCC for which technical assistance is required.
`(3) APPROVED REIMBURSEMENTS-
`(A) providing an eligibility
assessment of the farming or ranching operation of the producer as a basis
for developing the plan;
`(B) providing technical
assistance in developing and implementing the plan;
`(C) providing technical
assistance for designing and implementing 1 or more structural practices
or 1 or more land management practices, as appropriate; and
`(D) providing the producer
with information, education, and training to aid in implementation of the
plan.'.
SEC. 603. TECHNICAL ASSISTANCE
BY OTHERS.
Section 1243(d) of the 96
Farm Bill is deleted and replaced with the following:
`(a) TECHNICAL ASSISTANCE
BY OTHERS-
`(1) GENERALLY- The Secretary
shall contract with conservation districts, extension service employees,
qualified nonprofit organizations, and other parties certified by the Secretary
to provide technical assistance to landowners, so long as these organizations
and individuals have been certified by the Secretary to provide technical
assistance and these organizations and individuals comply with Federal
guidelines for providing such assistance.
`(2) GUIDELINES AND CERTIFICATION-
The Secretary shall develop guidelines to train and certify third-parties
to provide technical assistance.
`(3) QUALIFIED NONPROFIT
ORGANIZATIONS- Qualified nonprofit organizations shall include organizations
whose missions primarily promote the stewardship of working farmland and
ranchland.
`(4) QUALITY ASSURANCE PROGRAM-
The Secretary shall establish a program to assess the quality of the technical
assistance provided by third parties
`(5) NATIONAL TRAINING CENTERS-
To facilitate the training and certification of Federal and non-Federal
employees and qualified third parties, the Secretary shall establish training
centers in the following cities:
`(B) Platteville, Wisconsin.
`(C) College Station, Texas.
`(E) Pullman, Washington.
`(G) Gainesville, Florida.
`(H) College Park, Maryland.
`(6) AUTHORIZATION OF APPROPRIATIONS-
There is hereby authorized to be appropriated from the Commodity Credit
Corporation $50,000,000 to carry out this subsection for each of the fiscal
years 2003 through 2008.'.
SEC. 604. CONSERVATION PRACTICE
STANDARDS.
The Secretary of Agriculture
shall revise standards and, when necessary, establish standards for eligible
conservation practices to include measurable goals for enhancing natural
resources, including innovative practices. In particular, the Secretary
shall immediately revise the National Handbook of Conservation Practices
and field office technical guides, and shall update the Handbook and technical
guides to reflect the best available science at least once every five years.
TITLE VII--MISCELLANEOUS CONSERVATION
PROVISIONS
SEC. 701. REGIONAL EQUITY.
16 U.S.C. 3830 is amended--
(1) by inserting the following
`In carrying out the programs in the Environmental Conservation Acreage
Reserve Program, the Secretary shall recognize the importance of regional
equity, and the importance of accomplishing many conservation objectives
that can sometimes only be achieved on land of high value. Not later than
October 1, 2002, the Secretary shall reform compensation and other policies
to ensure that the enrollment of lands in ECARP are equitable on a regional
basis.'; and
(2) by inserting `(D) the
grassland preservation and enhancement program.'.
SEC. 702. CONSERVATION PROGRAM
PERFORMANCE REVIEW AND EVALUATION.
(a) PERFORMANCE EVALUATION
AS A CONDITION ON PAYMENTS- As a condition on the receipt of rental or
incentive payments, a landowner or operator shall work with the Secretary,
state and local governments, and local interests to develop a watershed-based
or other scientifically appropriate evaluation program to measure the benefits
of the conservation practices implemented using the payments.
(b) PROGRAM REQUIREMENTS-
An evaluation program shall be deemed to satisfy the requirements of subsection
(a) if the Secretary determines that--
(1) the evaluation program
is administered by a voluntary organization possessing no direct or indirect
regulatory authority;
(2) the membership of the
organization administering the evaluation program is representative of
interests within the watershed or other appropriately scaled geographical
framework, including tribal, private, public, governmental, and nonprofit
interests, as well as existing special purpose districts, as appropriate;
(3) the evaluation program
has available to it, through its members or through cooperation with other
Federal and non-Federal entities, the expertise necessary to perform the
functions identified in this section; and
(4) the organization administering
the evaluation program has adopted procedures to ensure public participation
in the organization's activities.
(c) PRIORITIZATION- The
Secretary shall use information collected through the evaluation programs
required by this section to identify and rank measures needed to improve
water quality, habitat, or other environmental goals that the programs
seek to promote.
(d) EVALUATION GUIDELINES-
The Secretary shall work with the National Academy of Sciences to develop
guidelines to evaluate the benefits of conservation practices.
(e) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated from the Commodity Credit Corporation
for each of the fiscal years 2003 through 2008 $10,000,000 to carry out
the performance monitoring.
(f) PRIVACY OF DATA COLLECTED-
Data collected pursuant to this section is not subject to the mandatory
disclosure provisions of section 552 of title 5, United States Code, but
may be used in an aggregate form to measure expected benefits.
TITLE VIII--CONSERVATION CORRIDOR
DEMONSTRATION PROGRAM
SEC. 801. DEMONSTRATION PROGRAM
TO PROMOTE AND SUPPORT ECOSYSTEM- AND WATERSHED-BASED CONSERVATION.
(a) ESTABLISHMENT AND PURPOSE-
(1) IN GENERAL- Recognizing
the leveraged benefit of an ecosystem-based application of the Department
of Agriculture conservation programs specified in paragraph (2), the increasing
and extraordinary threats to economically important agriculture in many
areas of the United States, and the importance of local involvement in
the protection of economically and ecologically important agricultural
lands, the Secretary of Agriculture shall establish a Conservation Corridor
Demonstration Program to finance private land incentive contracts, acquire
easement and development rights, and finance water quality, forestry, and
wildlife incentives, as provided for in such conservation programs.
(2) COVERED CONSERVATION
PROGRAMS- The Department of Agriculture conservation programs referred
to in paragraph (1) are the following:
(A) The environmental quality
incentives program authorized by chapter 3 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.).
(B) The wildlife habitat
incentives program authorized by section 387 of the Federal Agriculture
Improvement and Reform Act of 1996 (16 U.S.C. 3836a).
(C) The wetlands reserve
program authorized by subchapter C of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.).
(D) The conservation reserve
program authorized by subchapter B of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).
(E) The forest stewardship
program authorized by section 5 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103a).
(F) The urban and community
forestry assistance program authorized by section 9 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2105).
(G) Other conservation programs
administered by the Secretary of Agriculture.
(b) LOCATION OF CONSERVATION
CORRIDOR- Within 90 days after the date of the enactment of this Act, the
Secretary shall identify one or more priority regions, as defined and delineated
by watershed or ecosystem, and potentially consisting of several States
within which the Conservation Corridor Program will be carried out. In
identifying a priority region for inclusion in the Program, the Secretary
shall cooperate with State agencies responsible for natural resource and
agriculture to develop maps and descriptions of economically and ecologically
important agricultural lands that are under increasing and extraordinary
threats and whose protection is a high priority.
(c) MEMORANDUM OF AGREEMENT-
As part of the Conservation Corridor Program in a priority region, the
Secretary may enter into a memorandum of agreement with the States in that
region that--
(1) guarantees specific
resources for implementation of the Program;
(2) establishes different
or automatic enrollment criteria than otherwise established by regulation
or policy, for specific levels of enrollments of specific conservation
programs within the region;
(3) establishes different
compensation rates to the extent the parties to the agreement consider
justified;
(4) establishes different
conservation practice criteria if doing so will achieve greater conservation
benefits;
(5) provides more streamlined
and integrated paperwork requirements; and
(6) otherwise alters or
waives any other requirement established by policy and regulation to the
extent not inconsistent with the statutory requirements of an individual
conservation program.
SEC. 802. CONSERVATION PLAN.
(a) PREPARATION- To be eligible
to participate in the Conservation Corridor Program, a State located within
a priority region identified under section 801(b) shall prepare a conservation
plan that describes efforts to prioritize and link Federal, State, and
local natural resources that--
(1) improve the economic
viability of agriculture by protecting contiguous tracts of land;
(2) improve the ecological
integrity of the ecosystems or watersheds within the region by linking
land with high ecological and natural resource value; and
(3) provide for a memorandum
of agreement among the States in the priority region that accommodates
ecosystem boundaries.
(b) CONSULTATION- The conservation
plan shall be prepared in consultation with the National Resources Inventory
of the Natural Resources Conservation Service.
(c) SUBMISSION AND REVIEW-
The conservation plan shall be submitted to the Secretary for review within
six months after the inclusion of the priority area in the Conservation
Corridor Program. Within 30 days of receipt of the conservation plan, the
Secretary shall review the plan and approve it for implementation and funding
under the Conservation Corridor Program if the Secretary determines that
the plan and memorandum of agreement meet the criteria specified in subsection
(d).
(d) CRITERIA FOR PROGRAM-
The Secretary may approve the conservation plan of a State for implementation
and funding under the Conservation Corridor Program only if, as determined
by the Secretary, the plan provides for each of the following:
(1) Actions taken under
the conservation plan are voluntary and require the consent of willing
landowners.
(2) Enrollments through
the Conservation Corridor Program are of lands of exceptionally high agricultural
or ecological value, as defined by the natural resource and agriculture
agencies of the State or States in which the Program is located.
(3) The Conservation Corridor
Program provides benefits greater than the benefits that would likely be
achieved through individual application of the Federal conservation programs
because of such factors as--
(A) ecosystem- or watershed-based
enrollment criteria;
(B) lengthier conservation
commitments;
(C) integrated treatment
of special natural resource problems, including preservation and enhancement
of natural resource corridors; and
(D) improved economic viability
for agriculture.
(4) Staffing and marketing,
considering both Federal and non-Federal resources, are sufficient to assure
program success.
(e) IMPLEMENTATION- Within
30 days of the approval of the conservation plan of a State under this
section, the Secretary shall begin to provide funds for the implementation
of the Conservation Corridor Program in the ecosystem, watershed, or region
described in the conservation plan.
SEC. 803. FUNDING REQUIREMENTS.
(a) COST-SHARING- As a further
condition on the approval of the conservation plan submitted by a State
under section 802, the Secretary shall require the State to contribute
a specific dollar amount toward, or percentage of, the total cost of the
project or activity funded under the Conservation Corridor Program, as
required by the Department of Agriculture conservation program providing
the Federal portion of the funds for the project or activity.
(b) EXCEPTION- The Secretary
may reduce the cost-share requirement in the case of a specific activity
under the Conservation Corridor Program upon demonstration that the project
or activity is likely to achieve extraordinary natural resource benefits,
as defined by the natural resource and agriculture agencies of the State
in which the project or activity is conducted.
(c) COORDINATION- Non-Federal
interests contributing financial resources for the Conservation Corridor
Program shall implement streamlined paperwork requirements and other procedures
to allow for integration with the Federal programs for participants in
the Program.
(d) RESERVATION OF FUNDS-
For each of the fiscal years 2003 through 2008, the Secretary shall reserve
for obligation and expenditure under the Conservation Corridor Program
a percentage of the funds made available to the Secretary to carry out
conservation programs administered by the Secretary.
END
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