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