S 1727 IS
107th CONGRESS
1st Session
S. 1727
To reward the stewards of America's farms, ranches, public and
private lands, wildlife, water quality and supply, to reduce the risk of
specialty crop production, and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 16, 2001
Mr. REID (for himself, Mr. LEAHY, Mr. CHAFEE, Mr. JEFFORDS, Mr. KENNEDY, Mr.
REED, Mr. LIEBERMAN, Mr. SARBANES, Mr. SCHUMER, Mr. TORRICELLI, Mr. CORZINE, and
Mr. DODD) introduced the following bill; which was read twice and referred to
the Committee on Agriculture, Nutrition, and Forestry
A BILL
To reward the stewards of America's farms, ranches, public and
private lands, wildlife, water quality and supply, to reduce the risk of
specialty crop production, and for other purposes.
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 `Conservation Assistance and
Regional Equity Act'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SPECIALTY CROP RISK REDUCTION
Sec. 101. Specialty crop cost-of-production insurance.
TITLE II--FARM AND RANCH PRESERVATION
Sec. 201. Farmland protection program.
Sec. 202. Socially disadvantaged farmers.
TITLE III--ENVIRONMENTAL STEWARDSHIP ON WORKING LANDS
Sec. 211. Environmental quality incentives program.
Sec. 213. Establishment and administration.
Sec. 214. Evaluation of offers and payments.
Sec. 215. Limitation on payments.
Sec. 216. Reauthorization of funding.
Sec. 218. Allocation for livestock and other conservation
priorities.
TITLE IV--PRESERVATION OF WILDLIFE HABITAT
Sec. 221. Wildlife habitat incentives program.
Sec. 222. Wetlands reserve program.
Sec. 223. Conservation reserve program.
Sec. 224. Conservation of grazing lands.
Sec. 225. Grassland reserve and enhancement program.
Sec. 226. Water Conservation Program.
TITLE V--ORGANIC FARMING
Sec. 231. Organic agriculture research trust fund.
Sec. 232. Establishment of national organic research endowment
institute.
TITLE VI--TECHNICAL ASSISTANCE
Sec. 241. Reimbursement for program administration.
Sec. 242. Conservation technical assistance by third parties.
Sec. 243. Conservation practice standards.
TITLE VII--FARMLAND STEWARDSHIP ENHANCEMENT PROGRAM
Sec. 251. Farmland stewardship enhancement program.
Sec. 252. Farmland stewardship enhancement plan.
Sec. 253. Funding requirements.
TITLE VIII--MISCELLANEOUS CONSERVATION PROVISIONS
Sec. 261. Conservation program performance review and evaluation.
TITLE IX--REGIONAL EQUITY
Sec. 271. Allocation of conservation funds by State.
TITLE X--CONSERVATION SECURITY PROGRAM
Sec. 281. Conservation security program.
TITLE XI--RURAL COMMUNITY ECONOMIC ENHANCEMENT
Sec. 291. Expansion of State marketing programs.
TITLE I--SPECIALTY CROP RISK REDUCTION
SEC. 101. SPECIALTY CROP COST-OF-PRODUCTION INSURANCE.
Out of the funds in Treasury not otherwise appropriated, the Secretary of
the Treasury shall pay to the Secretary of Agriculture $750,000,000 per year
for the purpose of additional premium subsidies for the purchase of a cost of
production policy for specialty crops. The existing contract for research and
development regarding cost of production policy under the Agricultural Risk
Protection Act 2000, section 522 (c)(9) will be modified to include all
specialty crops, to the extent practicable, by January 1, 2003.
TITLE II--FARM AND RANCH PRESERVATION
SEC. 201. FARMLAND PROTECTION PROGRAM.
Section 388 of the Federal Agriculture Improvement and Reform Act of 1996
(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 (in this
section referred to as the `Secretary') shall carry out a farmland protection
program for the purpose of protecting farm and ranch lands by limiting
nonagricultural uses of such lands. Under the program, the Secretary shall
provide matching grants to eligible entities to facilitate their purchase of
conservation easements over such lands from willing sellers.
`(b) DEFINITIONS- In this section, the following terms shall have the
following meanings:
`(1) `Farm and ranch lands' shall include lands devoted to agricultural
use with:
`(A) prime, unique or other productive soils; or
`(B) historic or archaeological resources officially designated as
such by a State or local government agency or professional society devoted
to protecting such resources.
`(2) `Eligible entity' shall include any of the following:
`(A) An agency of a State or local government.
`(B) A federally recognized Indian tribe.
`(C) Any organization that is organized for, and at all times since
its formation has been operating principally for, one or more conservation
purposes specified in clause (i), (ii) or (iii) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986 and--
`(i) is described in section 501(c)(3) of the Code;
`(ii) is exempt from taxation under section 501(a) of the Code;
and
`(iii) 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.
`(c) CONSERVATION PLAN- Land enrolled in the program shall be subject to a
conservation plan developed in accordance with the National Handbook of
Conservation Practices and the field office technical guides of the Natural
Resources Conservation Service.
`(d) MAXIMUM FEDERAL SHARE- The Federal share of the cost of purchasing a
conservation easement under subsection (a)(1) shall not exceed 50 percent of
the total cost of purchasing the easement.
`(e) NON-FEDERAL SHARE- The non-Federal share for any project may include
donations of documented value, including donations of conservation easements
in the project area, if such donations materially advance the goals of the
project.
`(f) TITLE ENFORCEMENT- An 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: $150,000,000 in fiscal year 2002; $250,000,000 in fiscal year
2003; $400,000,000 in fiscal year 2004; $450,000,000 in fiscal year 2005;
and $500,000,000 in fiscal year 2006 of the funds of the Commodity Credit
Corporation to carry out this section.
`(2) LIMITATION ON TECHNICAL ASSISTANCE- To provide technical assistance
to carry out this section, the Secretary may use not more than 10 percent of
the amount made available for any fiscal year under paragraph (1).
`(i) GRANTS AND ASSISTANCE TO ENHANCE FARM VIABILITY- For each year for
which funds are available for the program under this section, the Secretary
may use not more than $10,000,000 to provide matching market development
grants and technical assistance to farm and ranch operators who participate in
the program. As a condition of receiving such a grant, the grantee shall
provide an amount equal to the grant from non-Federal sources.'.
SEC. 202. 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--
(1) by striking `$10,000,000' and inserting `$15,000,000 from the
Commodity Credit Corporation' ; and
(2) by adding at the end the following: `Any agency of the Department of
Agriculture may participate jointly in any grant or contract entered in
furtherance of the objectives of this section if it agreed that the
objectives of the grant or contract will further the authorized programs of
the contributing agency.'.
TITLE III--ENVIRONMENTAL STEWARDSHIP ON WORKING LANDS
SEC. 211. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended--
(1) by striking `to' and all that follows through `provides' and
inserting `to provide';
(2) inserting `air' after `that face the most serious threats to';
(3) by redesignating the subparagraphs (A) through (D) that follow the
matter amended by 266 paragraph (2) of this section as paragraphs (1)
through (4), respectively; and
(4) by striking `farmers and ranchers' each place it appears and
inserting `producers'.
SEC. 212. DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aaB1) is
amended--
(A) by inserting `nonindustrial private forest land,' before `and
other land'; and
(B) by striking all after `poses a serious threat to' and inserting
`air, soil, water, or related resources.'; and
(2) in paragraph (4), by inserting `, including non-industrial private
forestry' before the period.
SEC. 213. ESTABLISHMENT AND ADMINISTRATION.
(a) REAUTHORIZATION- Section 1240B(a)(1) of the Food Security Act of 1985
(16 U.S.C. 3839aaB2(a)(1)) is amended by striking `2002' and inserting
`2006'.
(b) INCENTIVE PAYMENTS- Section 1240B of such Act (16 U.S.C. 3839aaB2) is
amended by adding at the end the following:
`(1) IN GENERAL- The Secretary shall expand the Environmental Quality
Incentives Program (EQIP) to allow pilot programs to improve water quality
in individual watersheds nationwide. Except as otherwise provided in this
subsection, these pilot programs shall be administered in accordance with
the terms of the Environmental Quality Incentives Program. These will
include:
`(A) DRINKING WATER SUPPLIERS PILOT PROGRAM-
`(i) IN GENERAL- The Secretary shall establish a pilot program in 15
watersheds, as defined by the U.S. Geological Survey, to improve water
quality in cooperation with local water utilities.
`(ii) PILOT PROGRAM- The Secretary shall select the watersheds and
make available funds to be allocated to producers in partnership with
drinking water utilities in the watersheds, provided that drinking water
utilities measure water quality and target incentives payments to
improve water quality.
`(B) NUTRIENT REDUCTION PILOT PROGRAM- The Secretary shall use up to
$100,000,000 annually of the funds provided under this subsection in 5
impaired watersheds each year to provide incentives for agricultural
producers to reduce nitrogen and phosphorous applications by at least 15
percent below the average rates used by comparable farms in the State.
Incentive payments shall reflect the extent to which producers reduce
nitrogen and phosphorous applications.
`(2) CONSISTENCY WITH WATERSHED PLAN- In allocating funds to EQIP water
quality pilot programs, the Secretary shall consider the extent to which an
application for the funds is consistent with
a locally developed watershed plan, in addition to the other factors
established by section 1240C.
`(3) CONTRACTS- The Secretary shall enter into contracts in accordance
with this section with producers whose activities affect water quality,
including the quality of public drinking water supplies, to implement and
maintain nutrient management, pest management, soil erosion practices, and
other conservation activities that protect water quality and protect human
health. The contracts 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) VOLUNTARY WATER QUALITY BENEFITS EVALUATION- On approval of the
producer, the Secretary may include the cost of water quality benefits
evaluation as part of a contract.
`(5) RECOGNITION OF STATE EFFORTS- The Secretary shall recognize the
financial contribution of States, among other factors, during the allocation
of funding under this subsection.'.
(c) NON-FEDERAL ASSISTANCE- Section 1240B(g) of such Act (16 U.S.C.
3839aaB2(g)) is amended by inserting `drinking water utility' after `forestry
agency'.
SEC. 214. EVALUATION OF OFFERS AND PAYMENTS.
Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aaB3) is
amended to read as follows:
`SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS.
`The Secretary shall establish a ranking process and benefits index to
prioritize technical assistance, cost-share payments, and incentives payments
to producers to maximize soil and water quality and wildlife habitat and other
environmental benefits per dollar expended. The ranking process shall be
weighted to ensure that technical assistance, cost-share payments, and
incentives are provided to small or socially-disadvantaged farmers (as defined
in section 8(a)(5) of the Small Business Act) and to give priority to
producers who have previously implemented stewardship practices at their own
expense. The Secretary shall consult with local, State, and Federal public and
private entities to develop the ranking process and benefits index.'.
SEC. 215. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aaB7) is
amended--
(A) in paragraph (1), by striking `$10,000' and inserting `$30,000';
and
(B) in paragraph (2), by striking `$50,000' and inserting
`$150,000';
(A) by striking `and' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and inserting
`; and'; and
(C) by adding at the end the following:
`(3) to share the cost of digesters.'; and
(3) by striking subsection (c).
SEC. 216. REAUTHORIZATION OF FUNDING.
Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is
amended by striking `2002' and inserting `2006'.
SEC. 217. FUNDING.
Section 1241(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3841(b)(1))
is amended--
(1) by striking `$130,000,000' and all that follows through `2002' and
inserting `$250,000,000 for fiscal year 2002, $400,000,000 for fiscal year
2003, $700,000,000 for fiscal year 2004, $850,000,000 for fiscal year 2005,
and $970,000,000 for fiscal year 2006';
(2) by inserting `(other than under section 1240B(h))' before the
period; and
(3) by adding at the end the following: `In addition, the Commodity
Credit Corporation shall make available to the Secretary, under section
1240B(h): $150,000,000 for fiscal year 2002; $250,000,000 for fiscal year
2003; $450,000,000 for fiscal year 2004; $550,000,000 for fiscal year 2005,
and $630,000,000 for 2006 for this section in order to provide incentive
payments to producers who implement watershed quality incentive
contracts.'.
SEC. 218. ALLOCATION FOR LIVESTOCK AND OTHER CONSERVATION PRIORITIES.
(a) IN GENERAL- Section 1241(b)(2) of the Food Security Act of 1985 (16
U.S.C. 3841(b)(2)) is amended--
(1) by striking `2002' and inserting `2006'; and
(2) by inserting `(other than under section 1240B(h))' before
`shall'.
(b) AGRICULTURAL SUSTAINABILITY- Section 1241(b) of such Act (16 U.S.C.
3841(b)) is amended by adding at the end the following:
`(3) TARGETING OF PRACTICES TO PROMOTE AGRICULTURAL
SUSTAINABILITY-
`(A) XXX- To the maximum extent practicable, the Secretary
shall attempt to dedicate at least 10 percent of the funding in this
subsection to each of the following practices to promote agricultural
sustainability:
`(ii) Innovative manure management.
`(iii) Pesticide and herbicide reduction, including practices that
reduce direct human exposure.
`(B) DEFINITIONS- In subparagraph (A):
`(i) MANAGED GRAZING- The term `managed grazing' means practices
which frequently rotate animals on grazing lands to enhance plant
health, limit soil erosion, protect ground and surface water quality, or
benefit wildlife.
`(ii) INNOVATIVE MANURE MANAGEMENT- The term `innovative
manure
management' means manure management technologies which--
`(I) eliminate the discharge of animal waste to surface and
groundwaters through direct discharge, seepage, and
runoff;
`(II) substantially eliminate atmospheric emissions of
ammonia;
`(III) substantially eliminate the emission of
odor;
`(IV) substantially eliminate the release of disease-transmitting
vectors and pathogens;
`(V) substantially eliminate nutrient heavy metal contamination;
or
`(VI) encourage reprocessing and cost-effective transportation of
animal waste.
`(4) RESERVATION FOR WATER CONSERVATION- Not less than 25 percent of the
funds made available by this section shall be used to share the cost of
structural and nonstructural measures designed to conserve water, including
but not limited to low-energy precision application, low-flow irrigation
systems, and tailwater reuse systems in the Klamath Basin, Truckee-Carson
Basin, Walker River Basin and other appropriate regions.'
SEC. 219. STATE RESERVE.
(a) IN GENERAL- For each of the fiscal years 2002 through 2006, of the
funds made available under paragraph (1), the Secretary shall reserve
$250,000,000, of which $5,000,000 shall be for producers in each State.
(b) AVAILABILITY- Funds reserved under paragraph (a) shall remain
available for producers only until September 15 of the fiscal year in which
the funds are made available.
TITLE IV--PRESERVATION OF WILDLIFE HABITAT
SEC. 221. WILDLIFE HABITAT INCENTIVES PROGRAM.
(a) EXTENSION AND FUNDING INCREASE- Section 387(c) of the Federal
Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a) is amended to
read as follows:
`(c) FUNDING FROM COMMODITY CREDIT CORPORATION- The Commodity Credit
Corporation shall make available $100,000,000 for fiscal year 2002,
$200,000,000 for fiscal year 2003, $400,000,000 for fiscal year 2004, and
$450,000,000 for each of fiscal years 2005 and 2006 to the Secretary to carry
out this section.'.
(b) ADDITIONAL INCENTIVES FOR WILDLIFE CONSERVATION- Section 387(b) of
such Act (16 U.S.C. 10 3836(b)) is amended by inserting `, or for other costs
relating to wildlife conservation,' before `approved by the Secretary'.
(c) PROGRAM MODIFICATIONS- Section 387 of such Act (16 U.S.C. 3836a) is
amended by adding at the end the following:
`(d) INCENTIVE PAYMENTS- The Secretary may provide incentive payments to
landowners, and other specified parties in this section, in exchange for the
implementation of land management practices designed to create or preserve
wildlife habitat, including the preservation of water for wildlife and the
eradication or mitigation of invasive and noxious species in 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.
`(e) SPECIFIED PARTIES ELIGIBLE- With the agreement of State wildlife
officials, the Secretary may provide incentive payments to private landowners
and non-profit organizations that maintain, protect, and manage public lands
for wildlife habitat.
`(f) FUNDING PRIORITY- The Secretary shall give priority to landowners
whose lands contain important habitat for imperiled species or habitat
identified by State conservation plans, where available.
`(g) CONSULTATION- To the extent practicable, the Secretary shall consult
with Federal, State, local, and private experts, as considered appropriate by
the Secretary, to ensure that projects under this section maximize
conservation benefits and are regionally equitable.
`(h) ACQUISITION OF EASEMENTS- Beginning with fiscal year 2003, not more
than 10 percent of the funds available shall be used to acquire permanent
easements, provided that land enrolled in an easement is not land taken out of
agricultural production.'.
SEC. 222. WETLANDS RESERVE PROGRAM.
(a) ENROLLMENT AUTHORITY- Section 1237(b)(1) 14 of the Food Security Act
of 1985 (16 U.S.C. 3837(b)(1)) is amended to read as follows:
`(1) ENROLLMENT- The Secretary shall enroll in the wetlands reserve
program a total of not less than 250,000 acres in fiscal years 2002 and
2003, and not less than 250,000 acres in each of fiscal years 2004 through
2006.'.
(b) REGIONAL EQUITY- Section 1237 of such Act (16 U.S.C. 3837) is amended
by adding at the end the following:
`(h) Not later than 60 days after the date of the enactment of this
sentence, the Secretary shall devise a plan to promote wetlands conservation
in all regions where opportunities exist for wetlands restoration.'.
SEC. 223. CONSERVATION RESERVE PROGRAM.
(a) ENROLLMENT AUTHORITY- Section 1231 of the Food Security Act of 1985
(16 U.S.C. 3831) is amended--
(A) by striking `2002' and inserting `2006'; and
(B) by striking `and water' and inserting `, water, and
wildlife';
(A) by striking `36,400,000' and inserting `42,000,000'; and
(B) by striking `2002' and inserting `2006'; and
(3) in subsection (h)(1), by striking `and 2002' and inserting `through
2006'.
(b) ELIGIBILITY- Section 1231(b) of such Act (16 U.S.C. 3831(b)) is
amended--
(1) by striking paragraph (3) and inserting the following:
`(3) pasture, hay, and rangeland if the land will be restored as a
wetland, or is within 300 feet
of a riparian area and will be restored in native vegetation; and'; and
(A) by striking subparagraph (A) and inserting the following:
`(A) if the Secretary determines that--
`(i) the lands contribute to the degradation of soil, water, or air
quality, or may affect the habitat of sensitive, threatened or
endangered species; and
`(ii) the lands would pose an on-site or off-site environmental
threat to soil, water, or air quality if permitted to remain in
agricultural production; and
`(iii) soil, water, and air quality objectives with respect to the
land cannot be achieved under the environmental quality incentives
program established under chapter 4;';
(B) by striking `or' at the end of subparagraph (C);
(C) by striking the period at the end of subparagraph (D) and
inserting `; or'; and
(D) by adding at the end the following:
`(E) if the Secretary determines that enrollment of the lands would
contribute to conservation of ground or surface water. For purposes of the
program under this subchapter, buffer strips on lands used for the
production of fruits, vegetables, sod, orchards, or specialty crops shall
be considered cropland.'.
(c) ENVIRONMENTALLY SENSITIVE LANDS AND BUFFER STRIPS- Section 1231(d) of
such Act (16 U.S.C. 3831(d)) is amended by adding at the end the following:
`Until December 31, 2007, of the acreage authorized for enrollment, not less
than 5,500,000 acres shall be used to enroll environmentally sensitive lands
through the continuous enrollment program and the conservation reserve
enhancement program.'.
(d) LIMITED PERMANENT EASEMENT AUTHORITY- Section 1231(e) of such Act (16
U.S.C. 3831(e)) is amended by adding at the end the following:
`(3) PERMANENT EASEMENTS-
`(A) IN GENERAL- 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
and habitats such as native prairies, native shrublands, small wetlands,
springs, seeps, fens, and other rare and declining habitats. The terms of
the easement shall be consistent with section 1232(a).
`(B) LIMITATIONS ON TRANSFERABILITY- The Secretary may transfer a
permanent easement established under subparagraph (A) to a State or local
government or a qualified nonprofit conservation organization. The holder
of such a permanent easement may not transfer the easement to an entity
other than a State or local government or a qualified nonprofit
conservation organization.'.
(e) CONTINUOUS ENROLLMENT OF BUFFER STRIPS- Section 1231 of such Act (16
U.S.C. 3831) is amended by adding at the end the following:
`(i) CONTINUOUS ENROLLMENT OF BUFFER STRIPS- The Secretary shall allow
continuous enrollment of buffers whose width and vegetation is designed to
provide significant wildlife or water quality benefits, as determined by the
Secretary.
`(j) IRRIGATED LANDS- Irrigated lands shall be enrolled at irrigated land
rates unless the Secretary determines that other compensation is
appropriate.
`(k) 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
under section 1239c(f)(1).
`(l) LIMITED EXCEPTIONS TO PROHIBITIONS ON ECONOMIC USES- Notwithstanding
the prohibitions on economic use on lands enrolled in the Conservation Reserve
Program under section 1232(a), the Secretary may permit on such lands the
collection of native seeds and the use of wind turbines, so long as such
activities preserve the conservation values of the land and take into account
wildlife and wildlife habitat.'.
SEC. 224. CONSERVATION OF 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:
`(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) FUNDING FROM COMMODITY CREDIT CORPORATION- The Commodity Credit
Corporation shall make available $50,000,000 for each of the fiscal years 2002
through 2006 to the Secretary to carry out this section.'.
SEC. 225. GRASSLAND RESERVE AND ENHANCEMENT PROGRAM.
Chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3830B3837f) is amended by adding at the end the following:
`Subchapter D--Grassland Reserve and Enhancement Program
`SEC. 1238. GRASSLAND RESERVE AND ENHANCEMENT PROGRAM.
`(a) ESTABLISHMENT- The Secretary shall establish a program to use
contracts and easements to protect 3,000,000 acres of environmentally critical
grasslands, shrubs, and blufflands.
`(b) ENROLLMENT CONDITIONS-
`(1) MAXIMUM ENROLLMENT- The total number of acres enrolled in the
program shall not exceed 3,000,000 acres. The Secretary shall enroll lands
using permanent easements to meet demand, but in no case shall more than 50
percent of the available acreage be enrolled in permanent easements, and the
balance shall be enrolled in contracts through which
the Secretary shall provide assistance and incentive payments.
`(2) TERMS OF CONTRACTS OR EASEMENTS- The Secretary shall enroll in the
program for a willing owner not less than 100 contiguous acres of land west
of the 100th meridian or not less than 50 contiguous acres of land east of
the 90th meridian through 30-year contracts or permanent easements.
`(c) ELIGIBLE LAND- Land shall be eligible to be enrolled in the program
if the Secretary determines that--
`(1) the land is natural grass or shrubland;
`(A) is located in an area that has been historically dominated by
natural grass or shrubland; and
`(B) has potential to serve as habitat for animal or plant populations
of significant ecological value if the land is restored to natural grass
or shrubland; or
`(3) the land is adjacent to land described in paragraph (1) or (2), and
the Secretary determines it is necessary to maintain or restore native
grassland or shrubland under this section.
`(d) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS- To carry out this
section, there shall be available for each of fiscal years 2002 through 2011
such sums as may be necessary from the funds of the Commodity Credit
Corporation.
`SEC. 1238A. CONTRACTS AND AGREEMENTS.
`(a) REQUIREMENTS OF LANDOWNER- To be eligible to enroll land in the
program, the owner of the land shall--
`(1) agree to comply with the terms of the contract and related
restoration agreements; and
`(2) agree to the suspension of any existing cropland base and allotment
history for the land under any program administered by the Secretary.
`(b) TERMS OF CONTRACT OR EASEMENT- A contract or easement under
subsection (a) shall--
`(A) common grazing practices on the land in a manner that is
consistent with maintaining the viability of natural grass and shrub
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 season 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;
`(C) construction of fire breaks and fences, including placement of
the posts necessary for fences; and
`(D) practices that reduce erosion, restore native species, control
and eradicate exotic species, enhance habitat for native wildlife, and
improve the health of riparian areas;
`(A) forestry and the production of any agricultural commodity (other
than hay);
`(B) unless allowed under subsection (d), the conduct of any other
activity that would disturb the surface of the land covered by the
contract or easement; and
`(C) the development of homes, businesses or other structures on land
subject to the contract or easement; and
`(3) include such additional provisions as the Secretary determines are
appropriate to carry out or facilitate the administration of this
subchapter.
`(c) RANKING APPLICATIONS-
`(1) ESTABLISHMENT OF CRITERIA- The Secretary shall establish criteria
to evaluate and rank applications for contracts under this subchapter.
`(2) EMPHASIS- In establishing the criteria, the Secretary shall
emphasize support for native grass and shrubland, grazing operations, and
plant and animal biodiversity.
`(d) RESTORATION AGREEMENTS- The Secretary shall prescribe the terms by
which grassland that is subject to a contract under the program shall be
restored. The agreement shall include duties of the land owner and the
Secretary, including the Federal share of restoration payments and technical
assistance.
`(e) VIOLATIONS- On the violation of the terms or conditions of a contract
or restoration agreement entered into under this section--
`(1) the contract shall remain in force; and
`(2) the Secretary may require the owner to refund all or part of any
payments received by the owner under this subchapter, with interest on the
payments as determined appropriate by the Secretary.
`SEC. 1238B. DUTIES OF SECRETARY.
`(a) IN GENERAL- In return for the granting of a contract by an owner
under this subchapter, the Secretary shall make contract payments and payments
of the Federal share of restoration and provide technical assistance to the
owner in accordance with this section. The Secretary shall base the amount
paid for an easement on the fair market value of the easement.
`(b) FEDERAL SHARE OF RESTORATION- The Secretary shall make payments to
the owner of not more than--
`(1) in the case of virgin (never cultivated) grassland, 90 percent of
the costs of carrying out measures and practices necessary to restore
grassland functions and values; or
`(2) in the case of restored grassland, 75 percent of such costs.
`(c) TECHNICAL ASSISTANCE- A landowner who is receiving a benefit under
this subchapter shall be eligible to receive technical assistance in
accordance with section 1243(d) to assist the owner or operator in carrying
out a contract entered into under this subchapter.
`(d) PAYMENTS TO OTHERS- If an owner who is entitled to a payment under
this subchapter dies, becomes incompetent, is otherwise unable to receive the
payment, or is succeeded by another person who renders or completes the
required performance, the Secretary shall make the payment, in accordance with
regulations promulgated
by the Secretary and without regard to any other provision of law, in such
manner as the Secretary determines is fair and reasonable in light of all the
circumstances.'.
SEC. 226. WATER CONSERVATION PROGRAM
(a) IN GENERAL- Chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) is amended by adding at the end the
following:
`Subchapter E--Water Conservation Program
`SEC. 1239. DEFINITIONS.
`(1) ELIGIBLE LAND- The term `eligible land' means any land whose
enrollment in this program will further the goals of this subchapter.
`(2) ENDANGERED SPECIES- The term `endangered species' has the meaning
given the term in section 3 of the Endangered Species Act of 1973 (16 U.S.C.
1532).
`(3) PROGRAM- The term `program' means the water conservation program
established under section 1238A.
`(4) SENSITIVE SPECIES- The term `sensitive species' has the meaning
given the term `candidate species' within the meaning of section 424.02(b)
of title 50, Code of Federal Regulations (or a successor regulation).
`(5) THREATENED SPECIES- The term `threatened species' has the meaning
given the term in section 3 of the Endangered Species Act of 1973 (16 U.S.C.
1532).
`SEC. 1239A. PROGRAM.
`(a) ESTABLISHMENT- Effective for each of the 2003 through 2006 calendar
years, the Secretary shall establish, and carry out the enrollment of eligible
land described in subsection (b) through the use of contracts in a water
conservation program to provide for the temporary transfer of water, or
permanent acquisition of water or water rights, from willing sellers,
including in the Klamath Basin, the Truckee-Carson Basin and the Walker River
Basin.
`(b) ENROLLMENT OF ELIGIBLE LAND-
`(A) IN GENERAL- The Secretary shall enroll in the program not less
than 2,000,000 acres of the acres authorized to be enrolled in the
conservation reserve program under section 1231(d).
`(B) TIMING- To the maximum extent practicable, an enrollment under
subparagraph (A) shall occur during the enrollment period for the
conservation reserve program in accordance with section
1234(c)(2)(A).
`(2) OTHER ELIGIBLE LAND-
`(A) IN GENERAL- In addition to land described in paragraph (1), if
the Secretary determines that the condition under subparagraph (B) is met,
the Secretary shall enroll in the program such acres of land as the
Secretary determines to be appropriate that, but for water rights
associated with the land, would be marginal if used for agricultural
production or as pasture.
`(B) CONDITION- The condition referred to in subparagraph (A) is that
any contract governing the enrollment of land described in subparagraph
(A) provides for the transfer to the Secretary, or permanent acquisition
by the Secretary, of water rights associated with the land, to be used to
protect 1 or more endangered species, sensitive species, or threatened
species or for the conservation or recovery of such species.
`(C) PRIORITY IN ENROLLMENT- In enrolling eligible land in the
program, the Secretary shall give priority to land with associated water
rights that--
`(i) could be used to significantly advance the goals of Federal,
State, Tribal and local fish, wildlife, and plant conservation plans,
including--
`(I) plans that address multiple endangered species, sensitive
species, or threatened species; and
`(II) agreements entered into, or conservation plans submitted,
under section 6 or 10(a)(2)(A) of the Endangered Species Act of 1973
(16 U.S.C. 1535, 1539(a)(2)(A)), respectively; or
`(ii) would benefit fish, wildlife, or plants of 1 or more refuges
within the National Wildlife Refuge System.
`SEC. 1239B. DURATION AND NATURE OF CONTRACTS.
`(a) IN GENERAL- In enrolling eligible land in the program, the Secretary
shall enter into a contract described in subparagraph (b) or (c), as
appropriate, with a willing owner.
`(b) TRANSFER OF WATER RIGHTS- In enrolling eligible land in the program,
for the purpose of transferring water rights associated with eligible land or
providing dry year options on such water rights, the Secretary shall, in
accordance with the water law of the State in which eligible land sought to be
enrolled is located, enter into a contract with the owner of the eligible land
for the transfer of those rights that has a term of not less than one but not
more than 15 years, or shall provide for dry year option contract or other
similar agreement which effectuates the purposes of this section.
`(c) PERMANENT ACQUISITION OF WATER RIGHTS- In enrolling eligible land in
the program, for the purpose of permanently acquiring water rights associated
with the eligible land, the Secretary may enter into a contract or agreement
for the acquisition of those rights with--
`(1) the owner of the eligible land; and
`(2) to the extent that matching funds are provided for the acquisition
of the water rights--
`(A) a State (including a political subdivision); or
`(B) nonprofit organization; or
`SEC. 1239C. DUTIES OF OWNERS.
`(a) IN GENERAL- The owner of eligible land enrolled in the program under
a contract described in subsection (b) or (c) of section 1238B shall, in
accordance with the contract--
`(1) agree to transfer to the Secretary water rights associated with
enrolled eligible land;
`(2) agree to take no action that would interfere with the quantity or
quality of water transferred or acquired under the contract;
`(3) at the option of the Secretary, use, or transfer or sell to an
entity approved by the Secretary, water described in paragraph (2) to
protect 251 or more endangered species, sensitive species, or threatened
species; and
`(4) on violation of any term of the contract that the Secretary
determines is of such a nature as to warrant termination of the
contract--
`(A) forfeit all rights to receive payments under the contract;
and
`(B) refund to the Secretary any payments received as of the date of
the violation (including interest on the payments, as determined by the
Secretary).
`(b) TRANSFER OF ELIGIBLE LAND BY OWNER-
`(1) IN GENERAL- If the owner of eligible land enrolled in the program
transfers any right or interest in the eligible land subject to a contract
described in subsection (b) or (c) of section 1239B, the owner shall--
`(A) forfeit all rights to receive payments under the contract;
and
`(B)(i) refund to the Secretary any payments received as of the date
of the violation (including interest on the payments, as determined by the
Secretary); or
`(ii) accept such payment adjustments or make such refunds as the
Secretary determines to be appropriate.
`(2) EXCEPTIONS- Paragraph (1) shall not apply in any case in
which--
`(A) a transferee of eligible land or an interest in eligible land
described in paragraph (1) agrees with the Secretary--
`(i) to assume all obligations under a contract described in
subsection (b) or (c) of section 1239B to which the transferred eligible
land is subject; or
`(ii) to modify the contract in a manner that is consistent with
this section; or
`(B) eligible land or an interest in eligible land described in
paragraph (1) is purchased by or for the United States Fish and Wildlife
Service, Tribe, or others.
`SEC. 1239D. DUTIES OF THE SECRETARY.
`(a) PAYMENTS- The Secretary shall make payments for eligible land
enrolled in the program in accordance with section 1239E.
`(b) STATE APPLICATIONS AND PROCESS- At the request of an owner, the
Secretary shall submit any necessary State application, and complete any
applicable State legal process, for the transfer or acquisition of water under
a contract described in subsection (b) or (c) of section 1239B.
`SEC. 1239E. PAYMENTS.
`(1) TEMPORARY TRANSFER OF WATER RIGHTS- In a case in which the
Secretary enters into a contract described in section 1238B(b), for each
year of the term of the contract, the Secretary shall pay to the owner of
the enrolled eligible land a payment in such amount as the Secretary and the
owner jointly determine is appropriate to compensate the owner for the use
of the water rights transferred under the contract.
`(2) PERMANENT ACQUISITION OF WATER RIGHTS- In a case in which the
Secretary enters into a contract described in section 1238B(c), the
Secretary shall make a single payment to the owner of enrolled eligible land
in such amount as the Secretary and the owner jointly determine is
appropriate to compensate for the acquisition of water rights associated
with the enrolled eligible land.
`(b) TIMING- The Secretary shall make payments for obligations incurred
during the fiscal year by the Secretary under this section as soon as
practicable after October 1 of the fiscal year.
`(c) DETERMINATION OF PAYMENT AMOUNT- The Secretary may determine the
amount to be paid to the owner of eligible land under paragraph (1) or (2) of
subsection (a) by--
`(1) taking into consideration such minimum amount as the Secretary
determines is necessary to encourage owners to participate in the
program;
`(2) soliciting and reviewing bids for enrollment contracts from owners
in such manner as the Secretary may prescribe, except that the bidding
process for eligible land enrolled under the program shall be separate from
the bidding process for eligible land
under the conservation reserve program under section 1234; or
`(3) using such other means as the Secretary determines to be
appropriate.
`(d) ACCEPTANCE OF CONTRACT OFFERS- In determining whether to accept an
offer for a contract from an owner of eligible land to enroll the eligible
land in the program, the Secretary shall--
`(1) to the maximum extent practicable as determined by the Secretary,
incorporate the applicable provisions of priority system established under
section 1230(d); and
`(2) explicitly encourage, and give priority to the permanent and
long-term acquisition of water and water rights that accompany the eligible
land to be enrolled in the program by providing enhanced payments
for--
`(A) the permanent acquisition of water or water rights; or
`(B) the transfer of water or water rights for terms of at least 10
years.
`SEC. 1239F. CONSULTATION.
`In enrolling eligible land in the program, to ensure, to the maximum
extent practicable, that all water rights transferred or acquired under this
section are used to protect endangered species, sensitive species, and
threatened species, the Secretary shall consult with--
`(1) the Secretary of the Interior;
`(2) the head of the lead water agency of the State in which the
enrolled eligible land is located; and
`(3) any affected Tribes.
`SEC. 1239G. ADDITIONAL APPLICABLE PROVISIONS.
`The terms and conditions of subsections (e), (g), and (h) of section 1234
and subsections (a) through (d) of section 1235 apply to the enrollment of
eligible land in the program, to the extent determined to be appropriate by
the Secretary.
`SEC. 1239H. STATE WATER LAW.
`Nothing in this section shall be construed to preempt State water
law.'.
(b) FUNDING- Section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)) is amended--
(1) in paragraph (2), by striking `; and';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
`(3) subchapter E of chapter 1 of subtitle D; and'.
TITLE V--ORGANIC FARMING
SEC. 231. ORGANIC AGRICULTURE RESEARCH TRUST FUND.
(a) ESTABLISHMENT- There shall be established in the Treasury of the
United States an account to be known as the `Organic Agriculture Research
Trust Fund'.
(b) AUTHORIZATION OF APPROPRIATIONS; TRANSFER OF MONEYS; INVESTMENTS-
(1) The Credit Corporation shall make available $250,000,000 to the
Secretary to carry out this section.
(2) Moneys deposited in the Fund under paragraph (1) shall be invested
by the Secretary of the Treasury in obligations of the United States or any
agency thereof, in general obligations of any State or any political
subdivision thereof, in any interest-bearing account or certificate of
deposit of a bank that is a member of the Federal Reserve System, or in
obligations fully guaranteed as to principal and interest by the United
States. Interest, dividends, and other payments that accrue from such
investments shall be deposited in the Fund and also shall be so invested,
subject to subsection (c) of this section.
(c) AVAILABILITY OF MONIES FOR AUTHORIZED AND APPROVED ACTIVITIES- Monies
in the Fund shall be available to the Board in such amounts, and for such
activities, as the Secretary may approve to implement organic research plans
or projects as authorized by Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b).
SEC. 232. ESTABLISHMENT OF NATIONAL ORGANIC RESEARCH ENDOWMENT
INSTITUTE.
The Secretary of Agriculture, in consultation with the National Organic
Standards Board, may establish in the Department of Agriculture a National
Organic Research Endowment Institute whose function shall be to aid the
organic industry through the implementation of the organic products research
order, which its Board of Trustees shall administer, and the use of monies
made available to its Board of Trustees from the Organic Research Trust Fund
to implement the order. In implementing the order, the Institute shall provide
a permanent system for funding scientific research activities designed to
facilitate the expansion of markets for organic products marketed in the
United States. The Institute shall be headed by a Board of Trustees composed
of the members of the National Organic Promotion and Research Board. The Board
may appoint from among its members an executive committee whose membership
shall reflect equally each of the different regions in the United States in
which organic products are produced. The executive committee shall have such
duties and powers as are delegated to it by the board. The members of the
Board shall serve without compensation. While away from their homes or regular
places of business in the performance of services for the Board, members of
the Board shall be allowed reasonable travel expenses, including a per diem
allowance in lieu of subsistence, as recommended by the Board and approved by
the Secretary, except that there shall be no duplication of payment for such
expenses.
TITLE VI--TECHNICAL ASSISTANCE
SEC. 241. REIMBURSEMENT FOR PROGRAM ADMINISTRATION.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841-3843) is amended--
(1) by inserting `(1)' before the first unnumbered paragraph;
(2) by redesignating paragraphs (1) through (3) as subparagraphs (A)
through (B);
(3) by moving the newly designated subparagraphs (A) through (B) 3 items
to the right; and
(4) by adding at the end the following:
`(2) For each of fiscal years 1996 through 2011, the Secretary shall use
the funds of the Commodity Credit Corporation for the provision of technical
assistance to allow for full reimbursement of actual costs for delivering
all conservation programs funded through the Commodity Credit Corporation
for which technical assistance is required.'.
SEC. 242. CONSERVATION TECHNICAL ASSISTANCE BY THIRD PARTIES.
Section 1243(d) of the Food Security Act of 1985 (16 U.S.C. 3843(d)) is
amended--
(1) by striking `In the preparation' and inserting the following:
`(1) IN GENERAL- In the preparation' and
(2) by adding at the end the following:
`(2) CERTIFICATION OF THIRD-PARTY PROVIDERS-
`(A) IN GENERAL- Not later than 6 months after the date of the
enactment of this Act, the Secretary of Agriculture shall, by regulation,
establish a system for approving persons to provide technical assistance
pursuant to this title. In the system, the Secretary shall give priority
to a person who has a memorandum of understanding regarding the provision
of technical assistance in place with the Secretary.
`(B) EXPERTISE REQUIRED- In prescribing such regulations, the
Secretary shall ensure that persons with expertise in the technical
aspects of conservation planning, watershed planning, environmental
engineering, including commercial entities, qualified nonprofit entities,
State or local governments or agencies, and other Federal agencies, are
eligible to become approved providers of such technical
assistance.
`(C) QUALIFIED NONPROFIT ORGANIZATIONS- Qualified nonprofit
organizations shall include organizations whose missions primarily promote
the stewardship of working farmland and ranchland.
`(3) QUALITY ASSURANCE PROGRAM- The Secretary shall establish a program
to assess the quality of the technical assistance provided by third
parties.'.
SEC. 243. CONSERVATION PRACTICE STANDARDS.
The Secretary of Agriculture shall--
(1) revise standards and, when necessary, establish standards for
eligible conservation practices to include measurable goals for enhancing
natural resources, including innovative practices;
(2) within 6 months after the date of the enactment of this section,
revise the National Handbook of Conservation Practices and field office
technical guides; and
(3) not less frequently than once every 5 years, update the Handbook and
technical guides to reflect the best available science.
TITLE VII--FARMLAND STEWARDSHIP ENHANCEMENT PROGRAM
SEC. 251. FARMLAND STEWARDSHIP ENHANCEMENT PROGRAM.
(a) PURPOSE- The purpose of this subtitle is to provide for the
establishment of a program that recognizes the leveraged benefit of an
ecosystem-based application of the Department of Agriculture conservation
programs, addresses the increasing and extraordinary threats to agriculture in
many areas of the United States, and recognizes the importance of local and
regional involvement in the protection of economically and ecologically
important farmlands.
(b) ESTABLISHMENT- The Secretary of Agriculture (in this subtitle referred
to as the `Secretary') shall establish a Farmland Stewardship Enhancement
Program through which States, local governments, tribes, and combinations of
States may submit, and the Secretary may approve, plans to integrate
agriculture and forestry conservation programs of the United States Department
of Agriculture with State, local, tribal, and private efforts to address farm
preservation, water quality, wildlife, and other conservation needs in
critical areas, watersheds, and corridors in a manner that enhances the
conservation benefits of the individual programs, tailors programs to State
and local needs, and promotes and supports ecosystem and watershed-based
conservation.
(c) MEMORANDUM OF AGREEMENT- On approval of a proposed plan, the Secretary
may enter into a memorandum of agreement with a State, a combination of
States, local governments, or tribes, that--
(1) guarantees specific program resources for implementation of the
plan;
(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, if doing so
will achieve greater conservation benefits;
(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 any other requirement established by United States
Department of Agriculture policy and regulation to the extent not
inconsistent with the statutory requirements and purposes of an individual
conservation program.
SEC. 252. FARMLAND STEWARDSHIP ENHANCEMENT PLAN.
(a) PREPARATION- To be eligible to participate in the program under this
subtitle, a State, combination of States, political subdivision or agency of a
State, tribe, or local government shall submit to the Secretary an enhancement
plan that proposes specific criteria and commitment of resources in the
geographic region designated, and describes how the linkage of Federal, State,
and local resources will--
(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) in the case of a multi-State plan, provide a draft memorandum of
agreement among entities in each State.
(b) SUBMISSION AND REVIEW- Within 90 days after receipt of the enhancement
plan, the Secretary shall review the plan and approve it for implementation
and funding under this subtitle if the Secretary determines that the plan and
memorandum of agreement meet the criteria specified in subsection (c).
(c) CRITERIA FOR PARTICIPATION- The Secretary may approve an enhancement
plan only if, as determined by the Secretary, the plan provides for each of
the following:
(1) Actions taken under the enhancement plan are voluntary and require
the consent of willing landowners.
(2) Criteria specified in the plan and memorandum of agreement assure
that enrollments in each conservation program incorporated through the plan
are of exceptionally high conservation value.
(3) The 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 or permanent 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.
(d) APPROVAL AND IMPLEMENTATION- Within 90 days after approval of an
enhancement plan, the Secretary shall begin to provide funds for the
implementation of the plan.
(e) PRIORITY- In carrying out this section, the Secretary shall give
priority to multi-State or multi-tribal plans.
SEC. 253. FUNDING REQUIREMENTS.
(a) COST-SHARING- As a further condition on the approval of a enhancement
plan submitted by a non-Federal interest under section 272, the Secretary
shall require the non-Federal interest to contribute at least 20 percent of
the total cost of the Farmland Stewardship Enhancement Program.
(b) EXCEPTION- The Secretary may reduce the cost-share requirement in the
case of a specific activity under the Farmland Stewardship Enhancement Program
on good cause and demonstration that the project or activity is likely to
achieve extraordinary natural resource benefits.
(c) COORDINATION- The Secretary shall require that non-Federal interests
contributing financial resources for the Farmland Stewardship Enhancement
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- The Secretary shall direct funds on a priority
basis to the Farmland Stewardship Enhancement Program and to projects in areas
identified by the plan.
(e) ADMINISTRATION- A State may submit multiple plans, but the Secretary
shall assure opportunity for submission by each State. Acreage committed as
part of approved Conservation Reserve Enhancement Programs shall be considered
acreage of the Conservation Reserve Program committed to a Conservation
Enhancement Program.
TITLE VIII--MISCELLANEOUS CONSERVATION PROVISIONS
SEC. 261. CONSERVATION PROGRAM PERFORMANCE REVIEW AND EVALUATION.
(a) IN GENERAL- The Secretary shall establish a grant program to evaluate
the benefits of the conservation programs under title XII of the Food Security
Act of 1985 and under sections 242 and 262 of this Act.
(b) GRANTS- The Secretary shall make grants to land grant colleges and
other research institutions whose applications are highly ranked under
subsection (c) to evaluate the economic and environmental benefits of
conservation programs, and shall use such research to identify and rank
measures needed to improve water quality, fish and wildlife habitat, and other
environmental goals of conservation programs.
(c) SCIENTIFIC PANELS- The Secretary shall establish a panel of
independent scientific experts to review and rank the grant applications
submitted under subsection (a).
(d) FUNDING- The Commodity Credit Corporation shall make available
$10,000,000 to the Secretary for each of fiscal years 2002 through 2006 to
carry out this section.
TITLE IX--REGIONAL EQUITY
SEC. 271. ALLOCATION OF CONSERVATION FUNDS BY STATE.
(a) STATE ALLOCATION- To the maximum extent practicable in each of fiscal
years 2002 through 2006, the Secretary, subject to the rules of the
conservation programs administered by the Secretary, shall ensure that each
State receives at a minimum the State's share of $2,000,000,000 in this title
based on the State's share of the total agricultural market value of
production, with each State receiving not less than 0.52 percent and not more
than 7 percent of such amount annually. Under this formula, each state will
receive approximately the following annual amounts:
(1) Alabama: $31,480,000;
(3) Arizona: $19,340,000;
(4) Arkansas: $55,660,000;
(5) California: $140,000,000;
(6) Colorado: $46,060,000;
(7) Connecticut: $10,000,000;
(8) Delaware: $10,000,000;
(9) Florida: $61,000,000;
(10) Georgia: $50,720,000;
(11) Hawaii: $10,000,000;
(13) Illinois: $86,920,000;
(14) Indiana: $53,140,000;
(16) Kansas: $93,540,000;
(17) Kentucky: $31,140,000;
(18) Louisiana: $20,640,000;
(20) Maryland: $13,320,000;
(21) Massachusetts: $10,000,000;
(22) Michigan: $36,240,000;
(23) Minnesota: $84,220,000;
(24) Mississippi: $31,780,000;
(25) Missouri: $54,540,000;
(26) Montana: $19,000,000;
(27) Nebraska: $99,880,000;
(28) Nevada: $10,000,000;
(29) New Hampshire: $10,000,000;
(30) New Jersey: $10,000,000;
(31) New Mexico: $16,440,000;
(32) New York: $28,880,000;
(33) North Carolina: $77,980,000;
(34) North Dakota: $29,160,000;
(36) Oklahoma: $42,120,000;
(37) Oregon: $30,160,000;
(38) Pennsylvania: $40,620,000;
(39) Rhode Island: $10,000,000;
(40) South Carolina: $16,140,000;
(41) South Dakota: $36,260,000;
(42) Tennessee: $22,140,000;
(43) Texas: $139,860,000;
(45) Vermont: $10,000,000;
(46) Virginia: $23,800,000;
(47) Washington: $48,440,000;
(48) West Virginia: $10,000,000;
(49) Wisconsin: $56,680,000; and
(50) Wyoming: $10,000,000.
(b) TRANSITION AND UNOBLIGATED BALANCES- If the offices of the United
States Department of Agriculture in each respective State cannot expend all
funds allocated in this title within 2 consecutive fiscal years for the
programs identified in this title, the funds shall be remitted to the
Secretary for reallocation as the Secretary deems appropriate among States to
address unmet conservation needs through the programs in this title, except
that in no event shall these unobligated balances be used to fund technical
assistance.
(c) REGIONAL EQUITY- Section 1230 of the Food Security Act of 1985 (16
U.S.C. 3830) is amended by adding at the end the following:
`(d) REGIONAL EQUITY- In carrying out the ECARP, 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.
`(e) Not later than October 1, 2002, the Secretary shall reform
compensation and other policies to ensure that enrollments of land in ECARP
achieve these objectives and are equitable on a regional basis.'.
TITLE X--CONSERVATION SECURITY PROGRAM
SEC. 281. CONSERVATION SECURITY PROGRAM.
(a) IN GENERAL- Subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3830 et seq.) is amended by adding at the end thereof the
following:
`CHAPTER 6--CONSERVATION SECURITY PROGRAM
`SEC. 1240P. CONSERVATION SECURITY PROGRAM.
`(a) IN GENERAL- The Secretary shall establish a conservation security
program to assist owners and operators of agricultural operations to promote,
as is applicable to each operation--
`(1) conservation of soil, water, energy, and other related
resources;
`(2) soil quality protection and improvement;
`(3) water quality protection and improvement;
`(4) air quality protection and improvement;
`(5) diversity of flora and fauna;
`(6) on-farm conservation and regeneration of biological resources,
including plant and animal germplasm;
`(7) wetland restoration, conservation, and enhancement;
`(8) wildlife habitat management, with special emphasis on species
identified by the Natural Heritage Program of the State;
`(9) reduction of greenhouse gas emissions and enhancement of carbon
sequestration; and
`(10) any similar conservation purpose (as determined by the
Secretary).
`(1) ELIGIBLE OWNERS AND OPERATORS- To be eligible to participate in the
conservation security program an owner or operator shall--
`(A) develop and submit to the Secretary, and obtain the approval of
the Secretary, of, a conservation security plan that meets the
requirements of subsection (c)(1); and
`(B) enter into a conservation security contract with the Secretary to
carry out the conservation security plan.
`(A) IN GENERAL- Private agricultural land (including cropland,
rangeland, grassland, and pasture land) that is entirely used as part of
the agricultural operation of an owner or operator on the date of
enactment of this chapter shall be eligible for enrollment in the
conservation security program.
`(i) CONSERVATION RESERVE PROGRAM- Land enrolled in the conservation
reserve program under subchapter B of chapter 1 shall not be eligible
for enrollment in the conservation security program except for land
enrolled in partial field conservation practice enrollment
options.
`(ii) WETLANDS RESERVE PROGRAM- Land enrolled in the wetlands
reserve program established under subchapter C of chapter 1 of subtitle
D shall not be eligible for enrollment in the conservation security
program.
`(iii) TOLERANCE LEVELS- The Secretary shall promulgate regulations
to ensure that land shall not be eligible for enrollment in the
conservation security program if the land is initially used for the
production of an agricultural commodity after the date of enactment of
this chapter and cannot be used for the production of an agricultural
commodity without resulting in the loss of soil at a level that exceeds
the soil loss tolerance level.
`(c) CONSERVATION SECURITY PLANS- A conservation security plan shall--
`(1) identify the resources and designated land to be conserved under
the conservation security plan;
`(2) describe the tier of conservation practices, and the particular
conservation practices to be implemented, maintained, or improved, in
accordance with subsection (d) on the land covered by the conservation
security contract for the specified term;
`(3) contain a schedule of the implementation, maintenance, or
improvement of the conservation practices described in the conservation
security plan during the term of the conservation security contract;
`(4) meet the requirements of the highly erodible land and wetland
conservation requirements of subtitles B and C;
`(5) address conservation priorities of State and locality in which the
operation is located to the greatest extent possible; and
`(6) contain such other terms as the Secretary determines to be
appropriate.
`(d) CONSERVATION PRACTICES-
`(1) ESTABLISHMENT OF TIERS- The Secretary shall establish 3 tiers of
conservation practices that are eligible for payment under a conservation
security contract, including a first tier consisting of basic conservation
practices, a second tier consisting of conservation practices that entail
land use adjustment, and a third tier that addresses all resources and a
full complement of conservation practices.
`(2) CONSERVATION PRACTICE STANDARDS- The Secretary shall establish
guidance standards for implementation of eligible conservation
practices.
`(e) CONSERVATION SECURITY CONTRACTS- On approval of a conservation
security plan of an owner or operator, the Secretary shall enter into a
conservation security contract with the owner or operator to enroll the land
covered by the conservation security plan in the conservation security program
for a period of not less than 5 years or longer than 10 years.
`(1) IN GENERAL- The Secretary shall, in amounts and for a period of
years specified in the conservation security contract and based on objective
and transparent criteria established by the Secretary, make an annual
payment to the owner or operator in an amount not to exceed a maximum
payment for a given tier established by the Secretary based on environmental
benefit, costs and any other factors the Secretary determines
appropriate.
`(2) LAND ENROLLED IN OTHER CONSERVATION PROGRAMS- Notwithstanding any
other provision of law, if an owner or operator has land enrolled in another
conservation program administered by the Secretary and has applied to enroll
the same land in the conservation security program, the owner or operator
may elect to--
`(A) convert the contract under the other conservation program to a
conservation security contract, without penalty, except that this
subclause shall not apply to a long-term or permanent conservation
easement; or
`(B) have each annual payment to the owner or operator under this
paragraph reduced to reflect payment for practices the owner or operator
receives under the other conservation program, except that the annual
payment under this paragraph may include incentives for qualified
practices that enhance or extend the conservation benefit achieved under
the other conservation program.
`(g) TECHNICAL ASSISTANCE- For each fiscal year, the Secretary shall use
such sums as are necessary from the funds of the Commodity Credit Corporation
to provide technical assistance to owners and operators for the development
and implementation of conservation security contracts. Technical assistance
may be provided by persons not employed by USDA.
`(h) EDUCATION, OUTREACH, MONITORING, AND EVALUATION- For each fiscal
year, the Secretary shall use such sums as are necessary from the funds of the
Commodity Credit Corporation to carry out education, outreach, monitoring, and
evaluation activities in support of the conservation security program.
`(i) ON-FARM RESEARCH, DEMONSTRATION AND PILOT PROJECTS- The Secretary
shall encourage participation in on-farm research and demonstration projects,
as well as pilot projects that further accomplish the goals stated in section
a(1).
`(j) FUNDING- Of the funds of the Commodity Credit Corporation, the
Corporation shall make available to carry out this chapter such sums as are
necessary, to remain available until expended.'.
(b) REGULATIONS- The Secretary shall promulgate such regulations as are
necessary to carry out this section.
TITLE XI--RURAL COMMUNITY ECONOMIC ENHANCEMENT
SEC. 291. EXPANSION OF STATE MARKETING PROGRAMS.
(a) FEDERAL-STATE MARKET INCENTIVE PAYMENTS- Section 204(b) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1623) is amended by striking
`such sums as he may deem appropriate' and inserting `$10,000,000 from the
Commodity Credit Corporation for each of the fiscal years 2002 through
2006'.
(b) MARKET DEVELOPMENT GRANTS- Section 203(e)(1) of such Act (7 U.S.C.
1622(e)(1)) is amended by adding at the end the following: `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.'.
END