Amends the Agriculture and Food Act of 1981 to revise the resource conservation and development program, including: (1) provision of program assistance through councils which shall carry out area plans and projects in designated areas; and (2) establishment in the Department of Agriculture of a Resource Conservation and Development Policy Advisory Board.
Amends the Federal Agriculture Improvement and Reform Act of 1996 to: (1) extend funding for the conservation of private grazing land program; (2) extend funding for the wildlife habitat incentive program; (3) establish related pilot programs to avoid listing of endangered species and preserve critical habitats; and (4) extend funding for the farmland protection program.
Provides for disaster program and conservation accounting system studies.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1267
To extend and improve conservation programs administered by the
Secretary of Agriculture.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2001
Mr. Crapo (for himself, Mr. Lugar, Mr. Roberts, and Mr. Hutchinson)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To extend and improve conservation programs administered by the
Secretary of Agriculture.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Conservation
Extension and Enhancement Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM
Sec. 101. Environmental conservation acreage reserve program.
TITLE II--CONSERVATION RESERVE PROGRAM
Sec. 201. Extension of program.
Sec. 202. Eligible lands.
Sec. 203. Conservation buffers and conservation reserve enhancement
program.
Sec. 204. Hardwood trees.
Sec. 205. Haying and grazing.
TITLE III--WETLANDS RESERVE PROGRAM
Sec. 301. Annual enrollment authority.
Sec. 302. Extension of program.
Sec. 303. Technical assistance.
TITLE IV--GRASSLAND RESERVE PROGRAM
Sec. 401. Grassland reserve program.
Sec. 402. Funding.
TITLE V--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
Sec. 501. Air quality.
Sec. 502. Extension of program.
Sec. 503. Term.
Sec. 504. Federal share of cost-share payments.
Sec. 505. Limitation on confined livestock operations.
Sec. 506. Technical assistance.
Sec. 507. Technical advisers.
Sec. 508. Conservation priority areas; nonpoint source pollution.
Sec. 509. Payment limitations.
Sec. 510. Timing of expenditures.
Sec. 511. Funding.
TITLE VI--RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM
Sec. 601. Resource conservation and development program.
TITLE VII--CONSERVATION OF PRIVATE GRAZING LAND
Sec. 701. Conservation of private grazing land.
TITLE VIII--WILDLIFE HABITAT INCENTIVE PROGRAM
Sec. 801. Pilot programs to avoid listing of endangered species and
preserve critical habitats.
Sec. 802. Authorization of appropriations.
TITLE IX--FARMLAND PROTECTION PROGRAM
Sec. 901. Authorization of appropriations.
TITLE X--MISCELLANEOUS CONSERVATION PROVISIONS
Sec. 1001. Privacy of personal information relating to natural
resources conservation programs.
Sec. 1002. Study of conservation accounting system.
Sec. 1003. Study of disaster programs.
Sec. 1004. Technical amendments.
TITLE XI--EFFECT OF AMENDMENTS
Sec. 1101. Effect of amendments.
TITLE I--ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM
SEC. 101. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
(a) In General.--Section 1230(a)(1) of the Food Security Act of
1985 (16 U.S.C. 3830(a)(1)) is amended by striking ``2002'' and
inserting ``2011''.
(b) Funding.--Section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)) is amended by striking ``2002'' and inserting ``2011''.
TITLE II--CONSERVATION RESERVE PROGRAM
SEC. 201. EXTENSION OF PROGRAM.
(a) In General.--Section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) is amended--
(1) in subsections (a), (b)(3), and (d), by striking
``2002'' each place it appears and inserting ``2011''; and
(2) in subsection (h)(1), by striking ``the 2001 and 2002''
and inserting ``each of the 2001 through 2011''.
(b) Duties of Owners and Operators.--Section 1232(c) of the Food
Security Act of 1985 (16 U.S.C. 3832(c)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 202. ELIGIBLE LANDS.
Section 1231(b)(4) of the Food Security Act of 1985 (16 U.S.C.
3831(b)(4)) is amended by striking ``croplands'' each place it appears
and inserting ``lands''.
SEC. 203. CONSERVATION BUFFERS AND CONSERVATION RESERVE ENHANCEMENT
PROGRAM.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C.
3831(d)) is amended--
(1) by striking ``36,400,000'' and inserting
``40,000,000'';
(2) by striking ``1986 through 2002'' and inserting ``2003
through 2011''; and
(3) by inserting before the period at the end the
following: ``, of which not less than--
``(1) 2,500,000 acres shall be enrolled to establish
conservation buffers using continuous signup under section
1234(c)(2)(B); and
``(2) 1,100,000 acres shall be enrolled through the
conservation reserve enhancement program established by the
Secretary.''.
SEC. 204. HARDWOOD TREES.
Section 1231(e)(2) of the Food Security Act of 1985 (16 U.S.C.
3831(e)(2)) is amended--
(1) by striking ``In the'' and inserting the following:
``(A) In general.--In the'';
(2) by striking ``The Secretary'' and inserting the
following:
``(B) Existing hardwood tree contacts.--The
Secretary''; and
(3) by adding at the end the following:
``(C) New hardwood tree contracts.--In the case of
land devoted to hardwood trees under a contact entered
under this subchapter after the date of enactment of
this subparagraph, on the request of the owner or
operator of the land, the Secretary shall extend the
contract for terms of not to exceed 10 years.''.
SEC. 205. HAYING AND GRAZING.
Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)(A)) is amended by striking clause (ii) and inserting the
following:
``(ii) harvesting or grazing in accordance
with approved stocking rates, or other
commercial use of the forage on the land, that
will (as determined by the Secretary)--
``(I) enhance the quality of
vegetative cover; and
``(II) be conducted not more
frequently than authorized for other
maintenance options; and''.
TITLE III--WETLANDS RESERVE PROGRAM
SEC. 301. ANNUAL 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:
``(1) Annual enrollment authority.--The Secretary may
enroll in the wetlands reserve program not more than 250,000
acres for each of calendar years 2003 through 2011.''.
SEC. 302. EXTENSION OF PROGRAM.
Section 1237(c) of the Food Security Act of 1985 (16 U.S.C.
3837(c)) is amended by striking ``2002'' and inserting ``2011''.
SEC. 303. TECHNICAL ASSISTANCE.
Section 1241(a)(2) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(2)) is amended by inserting before the semicolon at the end the
following: ``, of which not more than 10 percent of the funds made
available for a fiscal year may be used by the Secretary to provide
technical assistance under that subchapter''.
TITLE IV--GRASSLAND RESERVE PROGRAM
SEC. 401. GRASSLAND RESERVE PROGRAM.
Chapter 1 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3830 et seq.) is amended by adding at the end the
following:
``Subchapter D--Grassland Reserve Program
``SEC. 1238. GRASSLAND RESERVE PROGRAM.
``(a) Establishment.--The Secretary, acting through the Natural
Resource Conservation Service, shall establish a grassland reserve
program (referred to in this subchapter as `the program') to assist
owners in restoring and protecting eligible land described in
subsection (c).
``(b) Enrollment Conditions.--
``(1) In general.--The Secretary shall enroll in the
program, from willing owners, not less than--
``(A) 100 contiguous acres of land west of the 90th
meridian; or
``(B) 50 contiguous acres of land east of the 90th
meridian.
``(2) Maximum enrollment.--The total number of acres
enrolled in the program shall not exceed 1,000,000 acres.
``(3) Methods of enrollment.--The Secretary shall enroll
land in the program through--
``(A) permanent easements or 30-year easements;
``(B) in a State that imposes a maximum duration
for such an easement, an easement for the maximum
duration allowed under State law; or
``(C) a 30-year rental agreement.
``(c) Eligible Land.--Land shall be eligible to be enrolled in the
program if the Secretary determines that the land is--
``(1) natural grassland or shrubland;
``(2) land that--
``(A) is located in an area that has been
historically dominated by natural grassland 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 grassland or shrubland;
or
``(3) land that is incidental to land described in
paragraph (1) or (2), if the incidental land is determined by
the Secretary to be necessary for the efficient administration
of the easement.
``SEC. 1238A. EASEMENTS AND AGREEMENTS.
``(a) In General.--To be eligible to enroll land in the program,
the owner of the land shall enter into an agreement with the
Secretary--
``(1) to grant an easement that runs with the land to the
Secretary;
``(2) to create and record an appropriate deed restriction
in accordance with applicable State law to reflect the
easement;
``(3) to provide a written statement of consent to the
easement signed by persons holding a security interest or any
vested interest in the land;
``(4) to provide proof of unencumbered title to the
underlying fee interest in the land that is the subject of the
easement; and
``(5) to comply with the terms of the easement and
restoration agreement.
``(b) Terms of Easement.--An easement under subsection (a) shall--
``(1) permit--
``(A) grazing 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 (including haying for seed production)
or mowing, except during the nesting season for birds
in the area that are in significant decline, as
determined by the Natural Resources Conservation
Service State conservationist, or are protected Federal
or State law; and
``(C) fire rehabilitation, construction of fire
breaks, and fences (including placement of the posts
necessary for fences);
``(2) prohibit--
``(A) the production of row crops, fruit trees,
vineyards, or any other agricultural commodity that
requires breaking the soil surface; and
``(B) except as permitted under paragraph (1)(C),
the conduct of any other activities that would disturb
the surface of the land covered by the easement,
including--
``(i) plowing; and
``(ii) disking; and
``(3) include such additional provisions as the Secretary
determines are appropriate to carry out this subchapter or to
facilitate the administration of this subchapter.
``(c) Evaluation and Ranking of Easement Applications.--
``(1) In general.--The Secretary, in conjunction with State
technical committees, shall establish criteria to evaluate and
rank applications for easements under this subchapter.
``(2) Criteria.--In establishing the criteria, the
Secretary shall emphasize support for grazing operations, plant
and animal biodiversity, and grassland and shrubland under the
greatest threat of conversion.
``(d) Restoration Agreements.--
``(1) In general.--The Secretary shall prescribe the terms
by which grassland and shrubland subject to an easement under
an agreement entered into under the program shall be restored.
``(2) Requirements.--The restoration agreement shall
describe the respective duties of the owner and the Secretary
(including paying the Federal share of the cost of restoration
and the provision of technical assistance).
``(e) Violations.--
``(1) In general.--On the violation of the terms or
conditions of an easement or restoration agreement entered into
under this section--
``(A) the easement shall remain in force; and
``(B) 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.
``(2) Periodic inspections.--
``(A) In general.--After providing notice to the
owner, the Secretary shall conduct periodic inspections
of land subject to easements under this subchapter to
ensure that the terms of the easement and restoration
agreement are being met.
``(B) Limitation.--The Secretary may not prohibit
the owner, or a representative of the owner, from being
present during a periodic inspection.
``SEC. 1238B. DUTIES OF SECRETARY.
``(a) In General.--In return for the granting of an easement by an
owner under this subchapter, the Secretary shall, in accordance with
this section--
``(1) make easement payments;
``(2) pay the Federal share of the cost of restoration; and
``(3) provide technical assistance to the owner.
``(b) Payment Schedule.--
``(1) Easement Payments.--
``(A) Amount.--In return for the granting of an
easement by an owner under this subchapter, the
Secretary shall make easement payments to the owner in
an amount equal to--
``(i) in the case of a permanent easement,
the fair market value of the land less the
grazing value of the land encumbered by the
easement; and
``(ii) in the case of a 30-year easement or
an easement for the maximum duration allowed
under applicable State law, 30 percent of the
fair market value of the land less the grazing
value of the land for the period during which
the land is encumbered by the easement.
``(B) Schedule.--Easement payments may be provided
in not less than 1 payment nor more than 10 annual
payments of equal or unequal amount, as agreed to by
the Secretary and the owner.
``(2) Rental Agreement Payments.--
``(A) Amount.--If an owner enters into a 30-year
rental agreement authorized under section
1238(b)(3)(C), the Secretary shall make 30 annual
rental payments to the owner in an amount that equals,
to the maximum extent practicable, the 30-year easement
payment amount under paragraph (1)(A)(ii).
``(B) Assessment.--Not less than once every 5 years
throughout the 30-year rental period, the Secretary
shall assess whether the value of the rental payments
under subparagraph (A) equals, to the maximum extent
practicable, the 30-year easement payments as of the
date of the assessment.
``(C) Adjustment.--If on completion of the
assessment under subparagraph (B), the Secretary
determines that the rental payments do not equal, to
the maximum extent practicable, the value of payments
under a 30-year easement, the Secretary shall adjust
the amount of the remaining payments to equal, to the
maximum extent practicable, the value of a 30-year
easement over the entire 30-year rental period.
``(c) Federal Share of Cost of Restoration.--The Secretary shall
make payments to the owner of not more than 75 percent of the cost of
carrying out measures and practices necessary to restore grassland and
shrubland functions and values.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall provide owners with
technical assistance to execute easement documents and restore
the grassland and shrubland.
``(2) Reimbursement by commodity credit corporation.--The
Commodity Credit Corporation shall reimburse the Secretary,
acting through the Natural Resources Conservation Service, for
not more than 10 percent of the cost of acquisition of the
easement and the Federal share of the cost of restoration
obligated for that fiscal year.
``(e) Payments to Others.--If an owner that 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.
``(f) Other Payments.--Easement payments received by an owner under
this subchapter shall be in addition to, and not affect, the total
amount of payments that the owner is otherwise eligible to receive
under other Federal laws.
``SEC. 1238C. ADMINISTRATION.
``(a) Delegation to Private Organizations.--
``(1) In general.--The Secretary shall permit a private
conservation or land trust organization or a State agency to
hold and enforce an easement under this subchapter, in lieu of
the Secretary, if--
``(A) the Secretary determines that granting such
permission is likely to promote grassland and shrubland
protection; and
``(B) the owner authorizes the private conservation
or land trust or a State agency to hold and enforce the
easement.
``(2) Application.--An organization that desires to hold an
easement under this subchapter shall apply to the Secretary for
approval.
``(3) Approval by secretary.--The Secretary shall approve
an organization under this subchapter that is constituted for
conservation or ranching purposes and is competent to
administer grassland and shrubland easements.
``(4) Reassignment.--If an organization holding an easement
on land under this subchapter terminates--
``(A) the owner of the land shall reassign the
easement to another organization described in paragraph
(1) or to the Secretary; and
``(B) the owner and the new organization shall
notify the Secretary in writing that a reassignment for
termination has been made.
``(b) Regulations.--Not later than 180 days after the date of
enactment of this subchapter, the Secretary shall issue such
regulations as are necessary to carry out this subchapter.''.
SEC. 402. FUNDING.
Section 1241(a)(2) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(2)) is amended by striking ``subchapter C'' and inserting
``subchapters C and D''.
TITLE V--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
SEC. 501. AIR QUALITY.
Sections 1240 and 1240A of the Food Security Act of 1985 (16 U.S.C.
3839aa, 3838aa-1) are amended by inserting ``air,'' after ``soil,''
each place it appears.
SEC. 502. EXTENSION OF PROGRAM.
Section 1240B(a)(1) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(a)(1)) is amended by striking ``2002'' and inserting ``2011''.
SEC. 503. TERM.
Section 1240B(b)(2) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(b)(2)) is amended by striking ``not less than 5, nor more than
10, years,'' and inserting ``not less than 1 year, nor more than 10
years,''.
SEC. 504. FEDERAL SHARE OF COST-SHARE PAYMENTS.
Section 1240B(e)(1)(A) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(e)(1)(A)) is amended by striking ``not more than'' and
inserting ``equal to''.
SEC. 505. LIMITATION ON CONFINED LIVESTOCK OPERATIONS.
Section 1240B(e)(1) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(e)(1)) is amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraph (C) as subparagraph (B).
SEC. 506. TECHNICAL ASSISTANCE.
Section 1240B(e)(3)(A) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(e)(3)(A)) is amended in the first sentence by striking
``funding under this chapter'' and inserting ``not more than 25 percent
of the funding under this chapter for a fiscal year''.
SEC. 507. TECHNICAL ADVISERS.
Section 1240B(e)(3)(C) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(e)(3)(C)) is amended in the first sentence by striking ``and
certified crop advisers'' and inserting ``certified crop advisers, and
other technical advisers (approved by the Secretary)''.
SEC. 508. CONSERVATION PRIORITY AREAS; NONPOINT SOURCE POLLUTION.
(a) In General.--Section 1240C of the Food Security Act of 1985 (16
U.S.C. 3839aa-3) is amended--
(1) by striking paragraph (1) and inserting the following;
``(1) assist producers in complying with--
``(A) nonpoint source pollution requirements under
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
``(B) the provisions of other Federal and State
environmental laws relating to the agricultural
operations of the producers;''; and
(2) in paragraph (3), by striking ``watersheds, regions, or
conservation priority areas'' and inserting ``watersheds or
regions''.
(b) Conforming Amendments.--Section 1230(c) of the Food Security
Act of 1985 (16 U.S.C. 3830(c)) is amended by striking ``and chapter
4'' each place it appears.
SEC. 509. PAYMENT LIMITATIONS.
Section 1240G(a) of the Food Security Act of 1985 (16 U.S.C.
3839aa-7(a)) is amended--
(1) in paragraph (1), by striking ``$10,000'' and inserting
``$30,000''; and
(2) in paragraph (2), by striking ``$50,000'' and inserting
``$150,000''.
SEC. 510. TIMING OF EXPENDITURES.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended by striking subsection (c).
SEC. 511. FUNDING.
Section 1241(b) of the Food Security Act of 1985 (16 U.S.C.
3841(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' after ``1996,''; and
(B) by inserting ``and $615,0000,000 for each of
fiscal years 2003 through 2011 (to remain available
until expended),'' after ``through 2002,'';
(2) in paragraph (2), by striking ``2002'' and inserting
``2011''; and
(3) by adding at the end the following:
``(3) Colorado river basin salinity control.--Of the amount
made available under paragraph (1) for a fiscal year, the
Secretary shall use not less than $15,000,000 to carry out
salinity control measures (including watershed enhancement and
cost-share measures with livestock and crop producers) in the
Colorado River Basin.''.
TITLE VI--RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM
SEC. 601. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
Subtitle H of title XV of the Agriculture and Food Act of 1981 (16
U.S.C. 3451 et seq.) is amended to read as follows:
``Subtitle H--Resource Conservation and Development Program
``SEC. 1528. DEFINITIONS.
``In this subtitle:
``(1) Area plan.--The term `area plan' means a resource
conservation and use plan that is developed by a council for a
designated area of a State or States through a planning process
and that includes 1 or more of the following elements:
``(A) A land conservation element, the purpose of
which is to control erosion and sedimentation.
``(B) A water management element, the purpose of
which is to provide for--
``(i) the conservation, use, and quality of
water, including irrigation and rural water
supplies;
``(ii) the mitigation of floods and high
water tables;
``(iii) the construction, repair, and
improvement of dams and reservoirs;
``(iv) the improvement of agricultural
water management; and
``(v) the improvement of water quality.
``(C) A community development element, the purpose
of which is--
``(i) the development of resources-based
industries;
``(ii) the protection of rural industries
from natural resource hazards;
``(iii) the development of adequate rural
water and waste disposal systems;
``(iv) the improvement of recreation
facilities;
``(v) the improvement in the quality of
rural housing;
``(vi) the provision of adequate health and
education facilities;
``(vii) the satisfaction of essential
transportation and communication needs; and
``(viii) the promotion of food security,
economic development, and education.
``(D) A land management element, the purpose of
which is--
``(i) energy conservation;
``(ii) the protection of agricultural land,
as appropriate, from conversion to other uses;
``(iii) farmland protection; and
``(iv) the protection of fish and wildlife
habitats.
``(2) Board.--The term `Board' means the Resource
Conservation and Development Policy Advisory Board established
under section 1533(a).
``(3) Council.--The term `council' means a nonprofit entity
(including an affiliate of the entity) operating in a State
that is--
``(A) established by volunteers or representatives
of States, local units of government, Indian tribes, or
local nonprofit organizations to carry out an area plan
in a designated area; and
``(B) designated by the chief executive officer or
legislature of the State to receive technical
assistance and financial assistance under this
subtitle.
``(4) Designated area.--The term `designated area' means a
geographic area designated by the Secretary to receive
technical assistance and financial assistance under this
subtitle.
``(5) Financial assistance.--The term `financial
assistance' means a grant, cooperative agreement, or loan
provided by the Secretary (or the Secretary and other Federal
agencies) to a council, or association of councils, to carry
out an area plan in a designated area, including assistance
provided for planning, analysis, feasibility studies, training,
education, and other activities necessary to carry out the area
plan.
``(6) Indian tribe.--The term `Indian tribe' has the
meaning given the term by section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
``(7) Local unit of government.--The term `local unit of
government' means--
``(A) any county, city, town, township, parish,
village, or other general-purpose subdivision of a
State; and
``(B) any local or regional special district or
other limited political subdivision of a State,
including any soil conservation district, school
district, park authority, and water or sanitary
district.
``(8) Nonprofit organization.--The term `nonprofit
organization' means any organization that is--
``(A) described in section 501(c) of the Internal
Revenue Code of 1986; and
``(B) exempt from taxation under section 501(a) of
the Internal Revenue Code of 1986.
``(9) Planning process.--The term `planning process' means
actions taken by a council to develop and carry out an
effective area plan in a designated area, including development
of the area plan, goals, objectives, policies, implementation
activities, evaluations and reviews, and the opportunity for
public participation in the actions.
``(10) Project.--The term `project' means a project that is
carried out by a council to achieve any of the elements of an
area plan.
``(11) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(12) State.--The term ``State'' means any of the States,
the District of Columbia, or any territory or possession of the
United States.
``(13) Technical assistance.--The term `technical
assistance' means any service provided by the Secretary or
agent of the Secretary, including--
``(A) inventorying, evaluating, planning,
designing, supervising, laying out, and inspecting
projects;
``(B) providing maps, reports, and other documents
associated with the services provided;
``(C) providing assistance for the long-term
implementation of area plans; and
``(D) providing services of an agency of the
Department of Agriculture to assist councils in
developing and carrying out area plans.
``SEC. 1529. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
``The Secretary shall establish a resource conservation and
development program under which the Secretary shall provide technical
assistance and financial assistance to councils to develop and carry
out area plans and projects in designated areas--
``(1) to conserve and improve the use of land, develop
natural resources, and improve and enhance the social,
economic, and environmental conditions in primarily rural areas
of the United States; and
``(2) to encourage and improve the capability of State,
units of government, Indian tribes, nonprofit organizations,
and councils to carry out the purposes described in paragraph
(1).
``SEC. 1530. SELECTION OF DESIGNATED AREAS.
``The Secretary shall select designated areas for assistance under
this subtitle on the basis of the elements of area plans.
``SEC. 1531. AUTHORITY OF THE SECRETARY.
``In carrying out this subtitle, the Secretary may--
``(1) provide technical assistance to any council to assist
in developing and implementing an area plan for a designated
area;
``(2) cooperate with other departments and agencies of the
Federal Government, States, local units of government, local
Indian tribes, and local nonprofit organizations in conducting
surveys and inventories, disseminating information, and
developing area plans;
``(3) assist in carrying out an area plan approved by the
Secretary for any designated area by providing technical
assistance and financial assistance to any council; and
``(4) enter into agreements with councils in accordance
with section 1532.
``SEC. 1532. ELIGIBILITY; TERMS AND CONDITIONS.
``(a) Eligibility.--Technical assistance and financial assistance
may be provided by the Secretary under this subtitle to any council to
assist in carrying out a project specified in an area plan approved by
the Secretary only if--
``(1) the council agrees in writing--
``(A) to carry out the project; and
``(B) to finance or arrange for financing of any
portion of the cost of carrying out the project for
which financial assistance is not provided by the
Secretary under this subtitle;
``(2) the project is included in an area plan and is
approved by the council;
``(3) the Secretary determines that assistance is necessary
to carry out the area plan;
``(4) the project provided for in the area plan is
consistent with any current comprehensive plan for the area;
``(5) the cost of the land or an interest in the land
acquired or to be acquired under the plan by any State, local
unit of government, Indian tribe, or local nonprofit
organization is borne by the State, local unit of government,
Indian tribe, or local nonprofit organization, respectively;
and
``(6) the State, local unit of government, Indian tribe, or
local nonprofit organization participating in the area plan
agrees to maintain and operate the project.
``(b) Loans.--
``(1) In general.--Subject to paragraphs (2) and (3), a
loan made under this subtitle shall be made on such terms and
conditions as the Secretary may prescribe.
``(2) Term.--A loan for a project made under this subtitle
shall have a term of not more than 30 years after the date of
completion of the project.
``(3) Interest rate.--A loan made under this subtitle shall
bear interest at the average rate of interest paid by the
United States on obligations of a comparable term, as
determined by the Secretary of the Treasury.
``(c) Approval by Secretary.--Technical assistance and financial
assistance under this subtitle may not be made available to a council
to carry out an area plan unless the area plan has been submitted to
and approved by the Secretary.
``(d) Withdrawal.--The Secretary may withdraw technical assistance
and financial assistance with respect to any area plan if the Secretary
determines that the assistance is no longer necessary or that
sufficient progress has not been made toward developing or implementing
the elements of the area plan.
``(e) Use of Other Entities and Persons.--A council may use another
person or entity to assist in developing and implementing an area plan
and otherwise carrying out this subtitle.
``SEC. 1533. RESOURCE CONSERVATION AND DEVELOPMENT POLICY ADVISORY
BOARD.
``(a) Establishment.--The Secretary shall establish within the
Department of Agriculture a Resource Conservation and Development
Policy Advisory Board.
``(b) Composition.--
``(1) In general.--The Board shall be composed of at least
7 employees of the Department of Agriculture selected by the
Secretary.
``(2) Chairperson.--A member of the Board shall be
designated by the Secretary to serve as chairperson of the
Board.
``(c) Duties.--The Board shall advise the Secretary regarding the
administration of this subtitle, including the formulation of policies
for carrying out this subtitle.
``SEC. 1534. EVALUATION OF PROGRAM.
``(a) In General.--The Secretary, in consultation with councils,
shall evaluate the program established under this subtitle to determine
whether the program is effectively meeting the needs of, and the
objectives identified by, States, units of government, Indian tribes,
nonprofit organizations, and councils participating in, or served by,
the program.
``(b) Report.--Not later than December 31, 2011, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the results of the
evaluation, together with any recommendations of the Secretary for
continuing, terminating, or modifying the program.
``SEC. 1535. LIMITATION ON ASSISTANCE.
``In carrying out this subtitle, the Secretary shall provide
technical assistance and financial assistance to not more than 450
active designated areas.
``SEC. 1536. SUPPLEMENTAL AUTHORITY OF THE SECRETARY.
``The authority of the Secretary under this subtitle to assist
councils in the development and implementation of area plans shall be
supplemental to, and not in lieu of, any authority of the Secretary
under any other provision of law.
``SEC. 1537. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be such sums as are
necessary to carry out this subtitle.
``(b) Loans.--The Secretary shall not use more than $15,000,000 of
any funds made available for a fiscal year to make loans under this
subtitle.
``(c) Availability.--Funds appropriated to carry out this subtitle
shall remain available until expended.''.
TITLE VII--CONSERVATION OF PRIVATE GRAZING LAND
SEC. 701. CONSERVATION OF PRIVATE GRAZING LAND.
(a) In General.--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) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section $60,000,000 for each
of fiscal years 2003 through 2011.''.
(b) Conforming Amendment.--Section 386(d)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 2005b(d)(2))
is amended by striking ``elements.--'' and all that follows through
``education.--Personnel'' and inserting ``elements.--Personnel''.
TITLE VIII--WILDLIFE HABITAT INCENTIVE PROGRAM
SEC. 801. PILOT PROGRAMS TO AVOID LISTING OF ENDANGERED SPECIES AND
PRESERVE CRITICAL HABITATS.
Section 387 of the Federal Agriculture Improvement and Reform Act
of 1996 (16 U.S.C. 3836a) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Pilot Programs To Avoid Listing of Endangered Species and
Preserve Critical Habitats.--
``(1) In general.--Of the total amount made available under
subsection (e) for a fiscal year, the Secretary shall use not
less than $40,000,000 to support pilot programs involving local
initiatives that, to the greatest extent, avoid the listing of
a fish, wildlife, or plant species as a threatened species or
an endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
``(2) Geographic diversity.--The Secretary shall support
not more than 2 pilot programs under this subsection in any
region of the United States, as determined by the Secretary.
``(d) Effect of Participation.--A person shall not be considered to
have engaged in a taking of any threatened species or endangered
species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) as a result of participation in the program authorized under this
section, including restoring any land enrolled in the program to the
use of the land before enrollment in the program, as determined by the
Secretary.''.
SEC. 802. AUTHORIZATION OF APPROPRIATIONS.
Section 387 of the Federal Agriculture Improvement and Reform Act
of 1996 (16 U.S.C. 3836a) (as amended by section 901) is amended by
striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2003 through 2011.''.
TITLE IX--FARMLAND PROTECTION PROGRAM
SEC. 901. AUTHORIZATION OF APPROPRIATIONS.
Section 388 of the Federal Agriculture Improvement and Reform Act
of 1996 (16 U.S.C. 3830 note; Public Law 104-127) is amended by
striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2003 through 2011.''.
TITLE X--MISCELLANEOUS CONSERVATION PROVISIONS
SEC. 1001. PRIVACY OF PERSONAL INFORMATION RELATING TO NATURAL
RESOURCES CONSERVATION PROGRAMS.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841 et seq.) is amended--
(1) by redesignating sections 1244 and 1245 (16 U.S.C.
3844, 3845) as sections 1245 and 1246, respectively; and
(2) by inserting after section 1243 (16 U.S.C. 3843) the
following:
``SEC. 1244. PRIVACY OF PERSONAL INFORMATION RELATING TO NATURAL
RESOURCES CONSERVATION PROGRAMS.
``(a) Information Received for Technical and Financial
Assistance.--Except as provided in subsection (c) and notwithstanding
any other provision of law, information provided to, or developed by,
the Secretary (including a contractor of the Secretary) for the purpose
of providing technical or financial assistance to an owner or operator
with respect to any natural resources conservation program administered
by the Natural Resources Conservation Service or the Farm Service
Agency--
``(1) shall not be considered to be public information; and
``(2) shall not be released to any person or Federal,
State, local, or tribal agency outside the Department of
Agriculture.
``(b) Inventory, Monitoring, and Site Specific Information.--Except
as provided in subsection (c) and notwithstanding any other provision
of law, in order to maintain the personal privacy, confidentiality, and
cooperation of owners and operators, and to maintain the integrity of
sample sites, the specific geographic locations of the National
Resources Inventory of the Department of Agriculture data gathering
sites and the information generated by those sites--
``(1) shall not be considered to be public information; and
``(2) shall not be released to any person or Federal,
State, local, or tribal agency outside the Department of
Agriculture.
``(c) Exceptions.--
``(1) Release and disclosure for enforcement.--The
Secretary may release or disclose to the Attorney General
information covered by subsection (a) or (b) to the extent
necessary to enforce the natural resources conservation
programs referred to in subsection (a).
``(2) Disclosure to cooperating persons and agencies.--
``(A) In general.--The Secretary may release or
disclose information covered by subsection (a) or (b)
to a person or Federal, State, local, or tribal agency
working in cooperation with the Secretary in providing
technical and financial assistance described in
subsection (a) or collecting information from National
Resources Inventory data gathering sites.
``(B) Use of information.--The person or Federal,
State, local, or tribal agency that receives
information described in subparagraph (A) may release
the information only for the purpose of assisting the Secretary--
``(i) in providing the requested technical
or financial assistance; or
``(ii) in collecting information from
National Resources Inventory data gathering
sites.
``(3) Statistical and aggregate information.--Information
covered by subsection (b) may be disclosed to the public if the
information has been transformed into a statistical or
aggregate form that does not allow the identification of any
individual owner, operator, or specific data gathering site.
``(d) Violations; Penalties.--Section 1770(c) shall apply with
respect to the release of information collected in any manner or for
any purpose prohibited by this section.''.
SEC. 1002. STUDY OF CONSERVATION ACCOUNTING SYSTEM.
(a) In General.--The Secretary of Agriculture shall request the
National Academy of Sciences to conduct a study of the development and
implementation of an accounting system that can be used by the
Secretary to establish protocols to measure, on a county-by-county
basis, efforts, gains, and losses with respect to program participation
and effects on natural resources under conservation and environmental
programs carried out by the Secretary.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall prepare and submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
describes the results of the study conducted under subsection (a),
including any appropriate recommendations.
SEC. 1003. STUDY OF DISASTER PROGRAMS.
(a) In General.--The Secretary of Agriculture shall conduct a study
on the effectiveness of disaster programs carried out by the Secretary,
including the noninsured crop assistance program established under
section 196 of the Agricultural Market Transition Act (7 U.S.C. 7333)
and excluding any program carried out under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes the
results of the study conducted under subsection (a), including any
recommendations for improving the timeliness and effectiveness of the
disaster programs described in subsection (a).
SEC. 1004. TECHNICAL AMENDMENTS.
(a) Delineation of Wetlands; Exemptions to Program Ineligibility.--
(1) References to producer.--Section 322(e) of the Federal
Agriculture Improvement and Reform Act of 1996 (Public Law 104-
127; 110 Stat. 991) is amended by inserting ``each place it
appears'' before ``and inserting''.
(2) Good faith exemption.--Section 1222(h)(2) of the Food
Security Act of 1985 (16 U.S.C. 3822(h)(2)) is amended by
striking ``to actively'' and inserting ``to be actively''.
(3) Determinations.--Section 1222(j) of the Food Security
Act of 1985 (16 U.S.C. 3822(j)) is amended by striking
``National'' and inserting ``Natural''.
(b) Continuous Signup.--Section 1234(c)(2)(B) of the Food Security
Act of 1985 (16 U.S.C. 3834(c)(2)(B)) is amended by inserting
``(including the use of continuous signup)'' after ``appropriate''.
(c) Environmental Easement Program.--Chapter 3 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3839 et seq.) is
repealed.
(d) Temporary Administration of Environmental Quality Incentives
Program.--Section 1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-8) is repealed.
(e) Wildlife Habitat Incentive Program.--Section 387 of the Federal
Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a) is
amended in the section heading by striking ``incentives'' and inserting
``incentive''.
TITLE XI--EFFECT OF AMENDMENTS
SEC. 1101. EFFECT OF AMENDMENTS.
(a) In General.--Except as otherwise specifically provided in this
Act and notwithstanding any other provision of law, this Act and the
amendments made by this Act shall not affect the authority of the
Secretary of Agriculture to carry out a conservation program for any of
the 1996 through 2002 fiscal or calendar years under a provision of law
in effect immediately before the date of enactment of this Act.
(b) Liability.--A provision of this Act or an amendment made by
this Act shall not affect the liability of any person under any
provision of law as in effect immediately before the date of enactment
of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8365-8366)
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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