Requires a participant to submit a resource security plan. Sets forth three tiers of resource security plan conservation practices, and bases a participant's annual payments upon implemented tiers.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 932 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 932
To amend the Food Security Act of 1985 to establish the conservation
security program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2001
Mr. Harkin (for himself, Mr. Smith of Oregon, Mr. Johnson, Mr. Daschle,
Mr. Leahy, Mr. Schumer, Mr. Dorgan, Mr. Dayton, Mrs. Clinton, Ms.
Stabenow, Mr. Kennedy, Mr. Kohl, Mr. Kerry, Mr. Sarbanes, Mr.
Wellstone, Mr. Durbin, and Mrs. Boxer) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to establish the conservation
security program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Security Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in addition to producing food and fiber, agricultural
producers can contribute to the public good by providing
improved soil productivity, clean air and water, fish and
wildlife habitat, landscape and recreational amenities, and
other natural resources and environmental benefits;
(2) agricultural producers in the United States have a long
history of embracing environmentally friendly conservation
practices and desire to continue those practices and engage in
new and additional conservation practices;
(3) agricultural producers that engage in conservation
practices--
(A) may not receive economic rewards for
implementing conservation practices; and
(B) should be encouraged to engage in good
stewardship, and should be rewarded for doing so;
(4) despite significant progress in recent years,
significant environmental challenges on agricultural land
remain;
(5) since the 1930's, when agricultural conservation became
a national priority, Federal resources for conservation
assistance have declined over 50 percent, when adjusted for
inflation;
(6) existing conservation programs do not provide
opportunities for all interested agricultural producers to
participate;
(7) a voluntary, incentive-based conservation program open
to all agricultural producers that qualify and desire to
participate would--
(A) encourage greater improvement of natural
resources and the environment;
(B) address the economic implications of
conservation practices in a manner consistent with
international obligations of the United States;
(C) enable United States farmers and ranchers to
produce food for a growing world population; and
(D) encourage conservation practices that provide a
public benefit while not infringing on the freedom of
an agricultural producer to manage agricultural
operations as the agricultural producer chooses;
(8) total farm conservation planning can help producers
increase profitability, enhance resource protection, and
improve quality of life;
(9) on-farm practices may help deter invasive species that
jeopardize native species or impair agricultural land of the
United States; and
(10) a conservation program described in paragraph (7)
would help achieve a better balance between Federal payments
supporting conservation on land used for agricultural
production and Federal payments for the purpose of retiring
agricultural land from production.
SEC. 3. CONSERVATION SECURITY PROGRAM.
(a) In General.--Subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3830 et seq.) is amended by adding at the end the
following:
``CHAPTER 6--CONSERVATION SECURITY PROGRAM
``SEC. 1240P. DEFINITIONS.
``In this chapter:
``(1) Conservation practice.--The term `conservation
practice' means a land-based farming technique that--
``(A) requires planning, implementation,
management, and maintenance; and
``(B) promotes 1 or more of the purposes described
in section 1240Q(a).
``(2) Conservation security contract.--The term
`conservation security contract' means a contract described in
section 1240Q(e).
``(3) Conservation security plan.--The term `conservation
security plan' means a plan described in section 1240Q(c).
``(4) Conservation security program.--The term
`conservation security program' means the program established
under section 1240Q(a).
``(5) Nutrient management.--The term `nutrient management'
means management of the quantity, source, placement, form, and
timing of the land application of nutrients on land enrolled in
the conservation security program and other additions to soil--
``(A) to achieve or maintain adequate soil
fertility for agricultural production; and
``(B) to minimize the potential for loss of
environmental quality, including soil, water, fish and
wildlife habitat, and air quality impairment.
``(6) Resource of concern.--The term `resource of concern'
means a conservation priority of the State and locality under
section 1240Q(c)(3).
``(7) Resource-conserving crop.--The term `resource-
conserving crop' means--
``(A) a perennial grass;
``(B) a legume grown for use as forage, seed for
planting, or green manure;
``(C) a legume-grass mixture;
``(D) a small grain grown in combination with a
grass or legume, whether interseeded or planted in
succession; and
``(E) such other plantings, including trees and
annual grasses, as the Secretary considers appropriate
for a particular area.
``(8) Resource-conserving crop rotation.--The term
`resource-conserving crop rotation' means a crop rotation
that--
``(A) includes at least 1 resource-conserving crop;
``(B) reduces erosion;
``(C) improves soil fertility and tilth; and
``(D) interrupts pest cycles.
``(9) Resource management system.--The term `resource
management system' means a system of conservation practices and
management relating to land or water use that is designed to
prevent resource degradation and permit sustained use of the
land and water, as defined in the Natural Resource Conservation
Service technical guidance handbooks.
``SEC. 1240Q. CONSERVATION SECURITY PROGRAM.
``(a) In General.--The Secretary shall establish a conservation
security program to assist owners and operators of agricultural
operations to promote, as is applicable for each operation--
``(1) conservation of soil, water, energy, and other
related resources;
``(2) soil quality protection and improvement;
``(3) water quality protection and improvement;
``(4) air quality protection and improvement;
``(5) soil, plant, or animal health and well-being;
``(6) diversity of flora and fauna;
``(7) on-farm conservation and regeneration of biological
resources, including plant and animal germplasm;
``(8) wetland restoration, conservation, and enhancement;
``(9) wildlife habitat management, with special emphasis on
species identified by the Natural Heritage Program of the
State;
``(10) reduction of greenhouse gas emissions and
enhancement of carbon sequestration;
``(11) systems that protect human health and safety;
``(12) environmentally sound management of invasive
species; or
``(13) any similar conservation purpose (as determined by
the Secretary).
``(b) Eligibility.--
``(1) Eligible owners and operators.--To be eligible to
participate in the conservation security program (other than to
receive technical assistance under subsection (h)(6) for the
development of conservation security contracts), an owner or
operator shall--
``(A) develop and submit to the Secretary, and
obtain the approval of the Secretary of, a conservation
security plan that meets the requirements of subsection
(c)(1); and
``(B) enter into a conservation security contract
with the Secretary to carry out the conservation
security plan.
``(2) Eligible land.--
``(A) In general.--Except as provided in
subparagraph (C)(iii), private agricultural land
(including cropland, rangeland, grassland, and pasture
land) that is entirely used as part of the agricultural
operation of an owner or operator on the date of
enactment of this chapter shall be eligible for
enrollment in the conservation security program.
``(B) Forested land.--Private forested land shall
be eligible for enrollment in the conservation security
program if the forested land is integrated into the
agricultural operation, including land that is used
for--
``(i) alleycropping;
``(ii) forest farming;
``(iii) forest buffers;
``(iv) windbreaks;
``(v) silvopasture systems; and
``(vi) such other uses as the Secretary may
determine appropriate.
``(C) Exclusions.--
``(i) Conservation reserve program.--Land
enrolled in the conservation reserve program
under subchapter B of chapter I shall not be
eligible for enrollment in the conservation
security program except for land enrolled in
partial field conservation practice enrollment
options.
``(ii) Wetlands reserve program.--Land
enrolled in the wetlands preserve program
established under subchapter C of chapter 1 of
subtitle D shall not be eligible for enrollment
in the conservation security program.
``(iii) Tolerance level.--The Secretary
shall promulgate regulations to ensure that
land shall not be eligible for enrollment in
the conservation security program if the land--
``(I) is initially used for the
production of an agricultural commodity
after the date of enactment of this
chapter; and
``(II) cannot be used for the
production of an agricultural commodity
without resulting in the loss of soil
at a level that exceeds the soil loss
tolerance level.
``(c) Conservation Security Plans.--
``(1) In general.--A conservation security plan shall--
``(A) identify the resources and designated land to
be conserved under the conservation security plan;
``(B) describe the tier of conservation practices,
and the particular conservation practices to be
implemented, maintained, or improved, in accordance
with subsection (d) on the land covered by the conservation security
contract for the specified term;
``(C) contain a schedule for the implementation,
maintenance, or improvement of the conservation
practices described in the conservation security plan
during the term of the conservation security contract;
``(D) meet the requirements of the highly erodible
land and wetland conservation requirements of subtitles
B and C; and
``(E) contain such other terms as the Secretary
determines to be appropriate.
``(2) Comprehensive planning.--The Secretary shall
encourage owners and operators that enter into conservation
security contracts--
``(A) to undertake a comprehensive examination of
the opportunities for conserving natural resources and
improving the profitability, environmental health, and
quality of life in relation to their entire
agricultural operations;
``(B) to develop a long-term strategy for
implementing, monitoring, and evaluating conservation
practices and environmental results in the entire
agricultural operation;
``(C) to participate in other Federal, State,
local, or private conservation programs;
``(D) to maintain the agricultural integrity of the
land; and
``(E) to adopt innovative conservation technologies
and management practices.
``(3) State and local conservation priorities.--To the
maximum extent practicable and in a manner consistent with the
conservation security program, each conservation security plan
shall address the conservation priorities of the State and
locality in which the agricultural operation is located (as
determined by the State conservationist in consultation with
the State technical committee established under subtitle G and
the local working groups of the State technical committee).
``(d) Conservation Practices.--
``(1) In general.--
``(A) Establishment of tiers.--The Secretary shall
establish 3 tiers of conservation practices that are
eligible for payment under a conservation security
contract.
``(B) Eligible conservation practices.--
``(i) In general.--The Secretary shall make
eligible for payment under a conservation
security contract land management, vegetative,
and structural practices that--
``(I) are necessary to achieve the
objectives of the conservation security
plan; and
``(II) primarily provide for and
have as the primary purpose resource
protection and environmental
improvement.
``(ii) Determination.--
``(I) In general.--In determining
the eligibility of a practice described
in clause (i), the Secretary shall
require the lowest cost alternatives be
used to fulfill the objectives of the
conservation security plan.
``(II) Limitation.--Notwithstanding
subclause (I), the adoption of
innovative technologies shall, to the
maximum extent practicable, not be
limited.
``(2) Sustainable economic uses.--With respect to land
enrolled in the conservation security program, including all
land use adjustment activities specified under Tier II, the
Secretary shall permit economic uses of the land that--
``(A) maintain the agricultural nature of land;
``(B) achieve the natural resource and
environmental benefits of the plan; and
``(C) are approved as part of the conservation
security plan.
``(3) On-farm research and demonstration.--With respect to
land enrolled in the conservation security program that will be
maintained using a Tier II or Tier III conservation practice
established under paragraph (5), the Secretary may approve a
conservation security plan that includes on-farm research and
demonstration activities, including innovative approaches to--
``(A) total farm planning;
``(B) total resource management;
``(C) integrated farming systems;
``(D) germplasm conservation and regeneration;
``(E) greenhouse gas reduction and carbon
sequestration;
``(F) agro-ecological restoration and wildlife
habitat restoration;
``(G) agro-forestry;
``(H) invasive species control;
``(I) energy conservation and management; or
``(J) farm and environmental results monitoring and
evaluation.
``(4) Use of handbook and guides.--
``(A) In general.--In determining eligible
conservation practices under the conservation security
program, the Secretary shall use the National Handbook
of Conservation Practices and the field office
technical guides of the Natural Resources Conservation
Service.
``(B) Conservation practice standards.--To the
maximum extent practicable, the Secretary shall
establish guidance standards for implementation of
eligible conservation practices that shall include
measurable goals for enhancing and preventing
degradation of resources.
``(C) Adjustments.--After providing notice and an
opportunity for public participation, the Secretary
shall make such adjustments to the National Handbook of
Conservation Practices as are necessary to carry out
this chapter.
``(D) Pilot testing.--
``(i) In general.--Under any of the 3 tiers
of conservation practices established under
paragraph (5), the Secretary may approve
requests by an owner or operator for pilot
testing of new technologies and innovative
conservation practices and systems.
``(ii) Incorporation into standards.--After
evaluation by the Secretary and provision of
notice and an opportunity for public
participation, the Secretary may incorporate
new technologies and innovative conservation
practices and systems into the standards for
implementation of conservation practices
established under paragraph (1)(C).
``(5) Tiers.--To carry out this subsection, the Secretary
shall establish the following 3 tiers of conservation
practices:
``(A) Tier i.--
``(i) In general.--A conservation security
plan for land enrolled in the conservation
security program that will be maintained using
Tier I conservation practices shall--
``(I) if applicable, address at
least 1 resource of concern to the
particular agricultural operation;
``(II) apply to the total
agricultural operation or to a
particular unit of the agricultural
operation;
``(III) cover both--
``(aa) conservation
practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
``(bb) conservation
practices that are newly
implemented under the
conservation security contract;
and
``(IV) meet applicable standards
for implementation of conservation
practices established under paragraph
(4);
``(ii) Conservation practices.--Tier I
conservation practices shall consist of, as
appropriate for the agricultural operation of
an owner or operator, 1 or more of the
following basic conservation activities:
``(I) Soil conservation, quality,
and residue management.
``(II) Nutrient management.
``(III) Pest management.
``(IV) Invasive species management.
``(V) Irrigation water conservation
and water quality management.
``(VI) Grazing, pasture, and
rangeland management.
``(VII) Fish and wildlife habitat
management, with special emphasis on
species identified by the Natural
Heritage Program of the State or the
appropriate State agency.
``(VIII) Fish and wildlife
protection and enhancement.
``(IX) Air quality management.
``(X) Energy conservation measures.
``(XI) Biological resource
conservation and regeneration.
``(XII) Worker health and safety
protection measures.
``(XIII) Animal welfare management.
``(XIV) Plant and animal germplasm
conservation, evaluation, and
development.
``(XV) Contour farming.
``(XVI) Strip cropping.
``(XVII) Cover cropping.
``(XVIII) Sediment dams.
``(XIX) Recordkeeping.
``(XX) Monitoring and evaluation.
``(XXI) Any other conservation
practice that the Secretary determines
to be appropriate and comparable to
other conservation practices described
in this clause.
``(iii) Tier ii practices.--A conservation
security plan for land enrolled in the
conservation security program that will be
maintained using Tier I conservation practices
may include Tier II conservation practices.
``(B) Tier ii.--
``(i) In general.--A conservation security
plan for land enrolled in the conservation
security program that will be maintained using
Tier II conservation practices shall--
``(I) address at least 1 resource
of concern as specified in the
conservation security plan covering the
total agricultural operation;
``(II) cover both--
``(aa) conservation
practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
``(bb) conservation
practices that are newly
implemented under the
conservation security contract; and
``(III) meet applicable resource
management system criteria for the
chosen resource of concern of the
agricultural operation;
``(ii) Conservation practices.--Tier II
conservation practices shall consist of, as
appropriate for the agricultural operation of
an owner or operator, any of the Tier I
conservation practices and 1 or more of the
following land use adjustment or protection
practices:
``(I) Resource-conserving crop
rotations.
``(II) Controlled, rotational
grazing.
``(III) Conversion of portions of
cropland from a soil-depleting use to a
soil-conserving use, including
production of cover crops.
``(IV) Partial field conservation
practices (including windbreaks, grass
waterways, shelter belts, filter
strips, riparian buffers, wetland
buffers, contour buffer strips, living
snow fences, crosswind trap strips,
field borders, grass terraces, wildlife
corridors, and critical area planting
appropriate to the agricultural
operation).
``(V) Fish and wildlife habitat
protection and restoration.
``(VI) Native grassland and prairie
protection and restoration.
``(VII) Wetland protection and
restoration.
``(VIII) Agroforestry practices and
systems.
``(IX) Any other conservation
practice involving modification of the
use of land that the Secretary
determines to be appropriate and
comparable to other conservation
practices described in this clause.
``(C) Tier iii.--
``(i) In general.--A conservation security
plan for land enrolled in the conservation
security program that will be maintained using
Tier III conservation practices shall--
``(I) address all resources of
concern in the total agricultural
operation;
``(II) cover both--
``(aa) conservation
practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
``(bb) conservation
practices that are newly
implemented under the
conservation security contract;
and
``(III) meet applicable resource
management system criteria;
``(ii) Conservation practices.--Tier III
conservation practices shall consist of, as
appropriate for the agricultural operation of
an owner or operator--
``(I) appropriate Tier I and Tier
II conservation practices; and
``(II) development, implementation,
and maintenance of a conservation
security plan that, over the term of
the conservation security contract--
``(aa) integrates a full
complement of conservation
practices to foster
environmental enhancement and
the long-term sustainability of
the natural resource base of an
agricultural operation; and
``(bb) improves
profitability and quality of
life associated with the
agricultural operation.
``(e) Conservation Security Contracts.--
``(1) In general.--On approval of a conservation security
plan of an owner or operator, the Secretary shall enter into a
conservation security contract with the owner or operator to
enroll the land covered by the conservation security plan in
the conservation security program.
``(2) Term.--Subject to paragraphs (3) and (4)--
``(A) a conservation security contract for land
enrolled in the conservation security program that will
be maintained using 1 or more Tier I conservation
practices shall have a term of 5 years; and
``(B) a conservation security contract for land
enrolled in the conservation security program that
implements a conservation security plan that meets the
requirements of subparagraph (B) or (C) of subsection
(d)(5) shall have a term of 5 to 10 years, at the
option of the owner or operator.
``(3) Modifications.--
``(A) Optional modifications.--
``(i) In general.--An owner or operator may
apply to the Secretary to modify the
conservation security plan in a manner
consistent with the purposes of the
conservation security program.
``(ii) Approval by the secretary.--Any
modification under clause (i)--
``(I) shall be approved by the
Secretary; and
``(II) shall authorize the
Secretary to redetermine, if necessary,
the amount and timing of the payments
pursuant to the conservation security
contract under subsection (h)(2)(C).
``(B) Other modifications.--
``(i) In general.--The Secretary may in
writing require an owner or operator to modify
a conservation security contract before the
expiration of the conservation security
contract if the Secretary determines that a
change made to the type, size, management, or
other aspect of the agricultural operation of
the owner or operator would, without the
modification, significantly interfere with
achieving the purposes of the conservation
security program.
``(ii) Payments.--The Secretary may adjust
the amount and timing of the payment schedule
under the conservation security contract to
reflect any modifications required under this
subparagraph.
``(iii) Deadline.--The Secretary may
terminate a conservation security contract if a
modification required under this subparagraph
is not submitted to the Secretary in the form
of an amended conservation security contract by
the date that is 90 days after the date of
receipt of the written request for the
modification.
``(iv) Termination.--An owner or operator
that is required to modify a conservation
security contract under this subparagraph may,
in lieu of modifying the contract--
``(I) terminate the conservation
security contract; and
``(II) retain payments received
under the conservation security
contract, if the owner or operator
fully complied with the obligations of
the owner or operator under the
conservation security contract.
``(4) Renewal.--
``(A) In general.--At the option of an owner or
operator, the conservation security contract of the
owner or operator may be renewed, for a term described
in subparagraph (B), if--
``(i) the owner or operator agrees to any
modification of the applicable conservation
security contract that the Secretary determines
to be necessary to achieve the purposes of the
conservation security program;
``(ii) the Secretary determines that the
owner or operator has complied with the terms
and conditions of the conservation security
contract, including the conservation security
plan; and
``(iii) in the case of a conservation
security contract for land previously enrolled
at the tier I level in the conservation
security program, the owner or operator shall
increase the level of conservation treatment on
lands enrolled in the conservation security
program by--
``(I) adopting new conservation
practices; or
``(II) expanding existing practices
to meet the resource management systems
criteria.
``(B) Terms of renewal.--Under subparagraph (A)--
``(i) a conservation security contract for
land enrolled in the conservation security
program that will be maintained using a Tier I
conservation practice may be renewed for 5-year
terms;
``(ii) a conservation security contract for
land enrolled in the conservation security
program that will be maintained using a Tier II
or Tier III conservation practice may be
renewed for 5-year to 10-year terms, at the
option of the owner or operator; and
``(iii) previous participation in the
conservation security program does not bar
renewal more than once.
``(f) No Violation for Noncompliance Due to Circumstances Beyond
the Control of the Owner or Operator.--The Secretary shall include in
the conservation security contract a provision, and may modify a
conservation security contract under subsection (e)(3)(B), to ensure
that an owner or operator shall not be considered in violation of a
conservation security contract for failure to comply with the
conservation security contract due to circumstances beyond the control
of the owner or operator, including a disaster or related condition.
``(g) Duties of Owners and Operators.--Under a conservation
security contract, an owner or operator shall agree, during the term
specified under the conservation security contract--
``(1) to implement the applicable conservation security
plan approved by the Secretary;
``(2) to keep appropriate records showing the effective and
timely implementation of the conservation security plan;
``(3) not to engage in any activity that would interfere
with the purposes of the conservation security plan;
``(4) at the option of the Secretary, to refund all or a
portion of the payments to the Secretary if the owner or
operator fails to maintain a conservation practice, as
specified in the conservation security contract; and
``(5) on the violation of a term or condition of the
conservation security contract--
``(A) if the Secretary determines that the
violation warrants termination of the conservation
security contract--
``(i) to forfeit all rights to receive
payments under the conservation security
contract; and
``(ii) to refund to the Secretary all or a
portion of the payments received by the owner
or operator under the conservation security contract, including an
advance payment and interest on the payments, as determined by the
Secretary; or
``(B) if the Secretary determines that the
violation does not warrant termination of the
conservation security contract, to refund to the
Secretary, or accept adjustments to, the payments
provided to the owner or operator, as the Secretary
determines to be appropriate.
``(h) Duties of the Secretary.--
``(1) Advance payment.--At the time at which a person
enters into a conservation security contract, the Secretary
shall make an advance payment to the person in an amount not to
exceed--
``(A) in the case of a contract to maintain Tier I
conservation practices described in subsection
(d)(5)(A), the greater of--
``(i) $1,000; or
``(ii) 20 percent of the value of the
annual payment under the contract, as
determined by the Secretary;
``(B) in the case of a contract to maintain Tier II
conservation practices described in subsection
(d)(5)(B), the greater of--
``(i) $2,000; or
``(ii) 20 percent of the value of the
annual payment under the contract, as
determined by the Secretary; or
``(C) in the case of a contract to maintain Tier
III conservation practices described in subsection
(d)(5)(C), the greater of--
``(i) $3,000; or
``(ii) 20 percent of the value of the
annual payment under the contract, as
determined by the Secretary.
``(2) Annual payments.--
``(A) In general.--Subject to subparagraphs (B)
through (F), under a conservation security contract,
the Secretary shall, in amounts and for a period of
years specified in the conservation security contract
and taking into account any advance payments, make an
annual payment to the person in an amount not to
exceed--
``(i) in the case of a contract to maintain
Tier I conservation practices described in
subsection (d)(5)(A), $20,000;
``(ii) in the case of a contract to
maintain Tier II conservation practices
described in subsection (d)(5)(B), $35,000; or
``(iii) in the case of a contract to
maintain Tier III conservation practices
described in subsection (d)(5)(C), $50,000.
``(B) Inflation adjustment.--The Secretary may
periodically, including at the time at which a
conservation security contract is renewed, adjust the
payment and payment limitations under subparagraph (A)
to reflect changes in the Prices Paid by Farmers Index.
``(C) Time of payment.--The Secretary shall provide
payment under a conservation security contract as soon
as practicable after October 1 of each calendar year.
``(D) Criteria for determining amount of
payments.--Subject to subparagraphs (A) and (F), the
Secretary shall establish criteria for determining the
amount of an annual payment to a person under this
paragraph that--
``(i) shall be as objective and transparent
as practicable; and
``(ii) shall be based on--
``(I) to the maximum extent
practicable, outcome-based factors
related to the natural resource and
environmental benefits that result from
the adoption, maintenance, and
improvement in implementation of the
conservation practices carried out by
the person;
``(II) practice-based factors,
including--
``(aa) the number of
eligible practices established
or maintained;
``(bb) the schedule for the
conservation practices
described in subsection
(c)(1)(C);
``(cc) the cost of the
adoption, maintenance, and
improvement in implementation
of conservation practices that
are newly implemented under the
conservation security contract;
``(dd) the extent to which
compensation will ensure
maintenance and improvement of
conservation practices that are
or have been implemented;
``(ee) the extent to which
the conservation security plan
meets applicable resource
management system standards;
``(ff) the extent to which
the conservation security plan
addresses State and local
conservation priorities as
provided for under subsection
(c)(3); and
``(gg) the extent of
activities undertaken beyond
what is required to comply with
any applicable Federal
agricultural law;
``(III) additional cost factors,
including--
``(aa) the income loss or
economic value forgone by the
person due to land use
adjustments resulting from the
adoption, maintenance, and
improvement of conservation
practices;
``(bb) the costs associated
with any on-farm research,
demonstration, or pilot testing
components of the conservation
security plan; and
``(cc) the costs associated
with monitoring and evaluating
results under the conservation
security plan; and
``(IV) such other factors as the
Secretary determines to be appropriate
to encourage participation in the
conservation security program and to
reward environmental stewardship.
``(E) Bonus payment.--Subject to subparagraph (A),
the Secretary shall offer bonus payments based on--
``(i) participation in a watershed or
regional resource conservation plan involving
at least 75 percent of landowners in the
targeted area; and
``(ii) the special considerations
associated with an owner or operator that is a
qualified beginning farmer or rancher (as
defined in section 343(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C.
1991(a))).
``(F) Land enrolled in other conservation
programs.--
``(i) In general.--Notwithstanding any
other provision of law, if an owner or operator
has land enrolled in another conservation
program administered by the Secretary and has
applied to enroll the same land in the
conservation security program, the owner or
operator may elect to--
``(I) convert the contract under
the other conservation program to a
conservation security contract, without
penalty, except that this subclause
shall not apply to a long-term
permanent conservation or easement; or
``(II) have each annual payment to
the owner or operator under this
paragraph reduced to reflect payment
for practices the owner or operator
receives under the other conservation
program, except that the annual payment
under this paragraph may include
incentives for qualified practices that
enhance or extend the conservation
benefit achieved under the other
conservation program.
``(ii) Payment limitations.--If an owner or
operator has identical land enrolled in the
conservation security program and 1 or more
other conservation programs administered by the
Secretary, the Secretary shall include all
payments, other than easement or rental
payments, from the conservation security
program and the other conservation programs in
applying the annual payment limitations under
subparagraph (A).
``(iii) Payment from non-federal
agricultural programs.--Payments received from
a Federal program administered by the
Secretary, or any State, local, or private
agricultural program, shall not be considered
an annual payment for purposes of the annual
payment limitations under subparagraph (A).
``(G) Waste storage or treatment facilities.--An
annual payment to an owner or operator under this
paragraph shall not be provided for the purpose of
construction or maintenance of animal waste storage or
treatment facilities or associated waste transport or
transfer devices for animal feeding operations.
``(3) Regulations.--
``(A) In general.--The Secretary shall issue
regulations--
``(i) defining the term `person' for the
purposes of this chapter--
``(I) which regulations shall
conform, to the extent practicable, to
the regulations defining the term
`person' issued under section 1001; and
``(II) which term shall be defined
so that no individual directly or
indirectly may receive payments
exceeding the applicable amount
specified in paragraph (1) or (2);
``(ii) providing adequate safeguards to
protect the interests of tenants and
sharecroppers, including provision for sharing,
on a fair and equitable basis; and
``(iii) prescribing such other rules as the
Secretary determines to be necessary to ensure
a fair and reasonable application of the
limitations established under paragraphs (1)
and (2).
``(B) Penalties for schemes or devices.--
``(i) In general.--If the Secretary
determines that a person has adopted a scheme
or device to evade, or that has the purpose of
evading, the regulations issued under
subparagraph (A), the person shall be
ineligible to participate in the conservation
security program for the year for which the
scheme or device was adopted and each of the
following 5 years.
``(ii) Fraud.--If the Secretary determines
that fraud was committed in connection with the
scheme or device, the person shall be
ineligible to participate in the conservation
security program for the year for which the
scheme or device was adopted and each of the
following 10 years.
``(4) Termination.--
``(A) In general.--Subject to subsection (g), the
Secretary shall allow an owner or operator to terminate
the conservation security contract.
``(B) Payments.--The owner or operator may retain
any or all payments received under a terminated
conservation security contract if--
``(i) the owner or operator is in full
compliance with the terms and conditions,
including any maintenance requirements, of the
conservation security contract; and
``(ii) the Secretary determines that
retention of payment will not defeat the goals
enumerated in the conservation security plan of
the owner or operator.
``(5) Transfer or change of interest in land subject to
conservation security contract.--
``(A) In general.--Except as provided in
subparagraph (B), the transfer, or change in the
interest, of an owner or operator in land subject to a
conservation security contract shall result in the
termination of the conservation security contract.
``(B) Transfer of duties and rights.--Subparagraph
(A) shall not apply if, not later than 60 days after
the date of the transfer or change in the interest in
land, the transferee of the land provides written
notice to the Secretary that all duties and rights
under the conservation security contract have been transferred to the
transferee.
``(6) Technical assistance.--
``(A) In general.--For each fiscal year, the
Secretary shall use such sums as are necessary from
funds of the Commodity Credit Corporation to provide
technical assistance to owners and operators for the
development and implementation of conservation security
contracts.
``(B) Technical assistance provided by persons not
employed by the department of agriculture.--
``(i) In general.--Under subparagraph (A),
subject to clause (ii), technical assistance
provided by qualified persons not employed by
the Department of Agriculture, including
farmers, ranchers, and local conservation
district personnel, may include--
``(I) conservation planning;
``(II) design, installation, and
certification of conservation
practices;
``(III) training for producers; and
``(IV) such other activities as the
Secretary determines to be appropriate.
``(ii) Outside assistance.--
``(I) In general.--The Secretary
may contract directly with qualified
persons not employed by the Department
of Agriculture to provide technical
assistance.
``(II) Payment by secretary.--The
Secretary may provide a payment or
voucher to an owner or operator
enrolled in the conservation security
program if the owner or operator
chooses to contract with qualified
persons not employed by the Department
of Agriculture.
``(iii) Coordination by the secretary.--The
Secretary shall provide overall technical
coordination and leadership for the
conservation security program, including final
approval of all conservation security plans.
``(7) Education, outreach, monitoring, and evaluation.--
``(A) In general.--
``(i) Funding.--In addition to the amounts
made available under paragraph (6), for each
fiscal year, the Secretary shall use such sums
as are necessary from funds of the Commodity
Credit Corporation to carry out education,
outreach, monitoring, and evaluation activities
in support of the conservation security
program, of which not less than 50 percent of
the sums shall be used for monitoring and
evaluation activities.
``(ii) Amount.--For each fiscal year, the
amount made available under clause (i) shall be
not less than 40 percent of the amount made
available for technical assistance under
paragraph (6) for the fiscal year.
``(B) Use of persons not affiliated with department
of agriculture.--
``(i) In general.--In carrying out
activities described in subparagraph (A), the
Secretary may use persons not employed by the
Department of Agriculture, including networks
of agricultural producers operating in a small
watershed, local conservation district
personnel, or other appropriate local entity.
``(ii) Education, outreach, and
monitoring.--The Secretary may contract with
private non-profit, community-based
organizations, and educational institutions
with demonstrated experience in providing
education, outreach, monitoring, evaluation, or
related services to agricultural producers
(including owners and operators of small and
medium-size farms, socially disadvantaged
agricultural producers, and limited resource
agricultural producers).
``(C) Included activities.--Activities described in
subparagraph (A) may include innovative uses of
computer technology and remote sensing to monitor and
evaluate resource and environmental results on a local,
regional, or national level.
``(8) Socially disadvantaged and limited resource owners
and operators.--The Secretary shall provide outreach, training,
and technical assistance specifically to encourage and assist
socially disadvantaged owners and operators to participate in
the conservation security program.
``(9) Program evaluation.--The Secretary shall maintain
data concerning conservation security plans, conservation
practices planned or implemented, environmental outcomes,
economic costs, and related matters under this section.
``(10) Confidentiality.--To maintain confidentiality, the
Secretary shall not release or disclose publicly the
conservation security plan of an owner or operator under this
chapter unless the Secretary--
``(A) obtains the authorization of the owner or
operator for the release or disclosure;
``(B) releases the information in an anonymous or
aggregated form; or
``(C)(i) is otherwise required by law to release or
disclose the plan and;
``(ii) releases the plan in an anonymous or
aggregated form.
``(11) Mediation and informal hearings.--If the Secretary
makes a decision under this chapter that is adverse to an owner
or operator, at the request of the owner or operator, the
Secretary shall provide the owner or operator with mediation
services or an informal hearing on the decision.
``(i) Reports.--Not later than 18 months after the date of
enactment of this chapter and at the end of each 2-year period
thereafter, the Secretary shall submit to Congress a report evaluating
the results of the conservation security program, including--
``(1) an evaluation of the scope, quality, and outcomes of
the conservation practices carried out under this section; and
``(2) recommendations for achieving specific and
quantifiable improvements for each of the purposes specified in
subsection (a).
``(j) Funding.--Of the funds of the Commodity Credit Corporation,
the Corporation shall make available to carry out this chapter such
sums as are necessary, to remain available until expended.
``(k) Exemption From Automatic Sequester.--Notwithstanding any
other provision of law, no order issued for any fiscal year under
section 252 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 902) shall affect any payment under this chapter.''.
(b) Administration.--Section 1243(a) of the Food Security Act of
1985 (16 U.S.C. 3843(a)) is amended--
(1) in paragraph (1)(C), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the conservation security program established under
chapter 6 of subtitle D.''.
(c) State Technical Committees.--Section 1262(c)(8) of the Food
Security Act of 1985 (16 U.S.C. 3862(c)(8)) is amended by striking
``chapter 4'' and inserting ``chapters 4 and 6''.
SEC. 4. REGULATIONS.
The Secretary of Agriculture shall promulgate such regulations as
are necessary to carry out this Act and the amendments made by this
Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5461-5462)
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S5462-5467)
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