II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Conservation Extension and Enhancement Act of 2001’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 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.
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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.
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TITLE XI—EFFECT OF AMENDMENTS

Sec. 1101. Effect of amendments.

1 TITLE I—ENVIRONMENTAL CON2 SERVATION ACREAGE RE3 SERVE PROGRAM

4 SEC. 101. ENVIRONMENTAL CONSERVATION ACREAGE RE5 SERVE PROGRAM.

6 (a) IN GENERAL.—Section 1230(a)(1) of the Food

7 Security Act of 1985 (16 U.S.C. 3830(a)(1)) is amended

8 by striking ‘‘2002’’ and inserting ‘‘2011’’.

9 (b) FUNDING.—Section 1241(a) of the Food Security

10 Act of 1985 (16 U.S.C. 3841(a)) is amended by striking

11 ‘‘2002’’ and inserting ‘‘2011’’.

12 TITLE II—CONSERVATION

13 RESERVE PROGRAM

14 SEC. 201. EXTENSION OF PROGRAM.

15 (a) IN GENERAL.—Section 1231 of the Food Security

16 Act of 1985 (16 U.S.C. 3831) is amended—

17 (1) in subsections (a), (b)(3), and (d), by strik18 ing ‘‘2002’’ each place it appears and inserting

19 ‘‘2011’’; and

20 (2) in subsection (h)(1), by striking ‘‘the 2001

21 and 2002’’ and inserting ‘‘each of the 2001 through

22 2011’’.

23 (b) DUTIES OF OWNERS AND OPERATORS.—Section

24 1232(c) of the Food Security Act of 1985 (16 U.S.C.
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1 3832(c)) is amended by striking ‘‘2002’’ and inserting

2 ‘‘2011’’.

3 SEC. 202. ELIGIBLE LANDS.

4 Section 1231(b)(4) of the Food Security Act of 1985

5 (16 U.S.C. 3831(b)(4)) is amended by striking ‘‘crop6 lands’’ each place it appears and inserting ‘‘lands’’.

7 SEC. 203. CONSERVATION BUFFERS AND CONSERVATION

8 RESERVE ENHANCEMENT PROGRAM.

9 Section 1231(d) of the Food Security Act of 1985

10 (16 U.S.C. 3831(d)) is amended—

11 (1) by striking ‘‘36,400,000’’ and inserting

12 ‘‘40,000,000’’;

13 (2) by striking ‘‘1986 through 2002’’ and in14 serting ‘‘2003 through 2011’’; and

15 (3) by inserting before the period at the end the

16 following: ‘‘, of which not less than—

17 ‘‘(1) 2,500,000 acres shall be enrolled to estab18 lish conservation buffers using continuous signup

19 under section 1234(c)(2)(B); and

20 ‘‘(2) 1,100,000 acres shall be enrolled through

21 the conservation reserve enhancement program es22 tablished by the Secretary.’’.

23 SEC. 204. HARDWOOD TREES.

24 Section 1231(e)(2) of the Food Security Act of 1985

25 (16 U.S.C. 3831(e)(2)) is amended—
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1 (1) by striking ‘‘In the’’ and inserting the fol2 lowing:

3 ‘‘(A) IN GENERAL.—In the’’;

4 (2) by striking ‘‘The Secretary’’ and inserting

5 the following:

6 ‘‘(B) EXISTING HARDWOOD TREE CON7 TACTS.—The Secretary’’; and

8 (3) by adding at the end the following:

9 ‘‘(C) NEW HARDWOOD TREE CON10 TRACTS.—In the case of land devoted to hard11 wood trees under a contact entered under this

12 subchapter after the date of enactment of this

13 subparagraph, on the request of the owner or

14 operator of the land, the Secretary shall extend

15 the contract for terms of not to exceed 10

16 years.’’.

17 SEC. 205. HAYING AND GRAZING.

18 Section 1232(a)(7)(A) of the Food Security Act of

19 1985 (16 U.S.C. 3832(a)(7)(A)) is amended by striking

20 clause (ii) and inserting the following:

21 ‘‘(ii) harvesting or grazing in accord22 ance with approved stocking rates, or other

23 commercial use of the forage on the land,

24 that will (as determined by the Sec25 retary)—
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1 ‘‘(I) enhance the quality of vege2 tative cover; and

3 ‘‘(II) be conducted not more fre4 quently than authorized for other

5 maintenance options; and’’.

6 TITLE III—WETLANDS RESERVE

7 PROGRAM

8 SEC. 301. ANNUAL ENROLLMENT AUTHORITY.

9 Section 1237(b) of the Food Security Act of 1985

10 (16 U.S.C. 3837(b)) is amended by striking paragraph (1)

11 and inserting the following:

12 ‘‘(1) ANNUAL ENROLLMENT AUTHORITY.—The

13 Secretary may enroll in the wetlands reserve pro14 gram not more than 250,000 acres for each of cal15 endar years 2003 through 2011.’’.

16 SEC. 302. EXTENSION OF PROGRAM.

17 Section 1237(c) of the Food Security Act of 1985 (16

18 U.S.C. 3837(c)) is amended by striking ‘‘2002’’ and in19 serting ‘‘2011’’.

20 SEC. 303. TECHNICAL ASSISTANCE.

21 Section 1241(a)(2) of the Food Security Act of 1985

22 (16 U.S.C. 3841(a)(2)) is amended by inserting before the

23 semicolon at the end the following: ‘‘, of which not more

24 than 10 percent of the funds made available for a fiscal
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1 year may be used by the Secretary to provide technical

2 assistance under that subchapter’’.

3 TITLE IV—GRASSLAND RESERVE

4 PROGRAM

5 SEC. 401. GRASSLAND RESERVE PROGRAM.

6 Chapter 1 of subtitle D of title XII of the Food Secu7 rity Act of 1985 (16 U.S.C. 3830 et seq.) is amended by

8 adding at the end the following:

9 ‘‘Subchapter D—Grassland Reserve Program

10 ‘‘SEC. 1238. GRASSLAND RESERVE PROGRAM.

11 ‘‘(a) ESTABLISHMENT.—The Secretary, acting

12 through the Natural Resource Conservation Service, shall

13 establish a grassland reserve program (referred to in this

14 subchapter as ‘the program’) to assist owners in restoring

15 and protecting eligible land described in subsection (c).

16 ‘‘(b) ENROLLMENT CONDITIONS.—

17 ‘‘(1) IN GENERAL.—The Secretary shall enroll

18 in the program, from willing owners, not less than—

19 ‘‘(A) 100 contiguous acres of land west of

20 the 90th meridian; or

21 ‘‘(B) 50 contiguous acres of land east of

22 the 90th meridian.

23 ‘‘(2) MAXIMUM ENROLLMENT.—The total num24 ber of acres enrolled in the program shall not exceed

25 1,000,000 acres.
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1 ‘‘(3) METHODS OF ENROLLMENT.—The Sec2 retary shall enroll land in the program through—

3 ‘‘(A) permanent easements or 30-year

4 easements;

5 ‘‘(B) in a State that imposes a maximum

6 duration for such an easement, an easement for

7 the maximum duration allowed under State law;

8 or

9 ‘‘(C) a 30-year rental agreement.

10 ‘‘(c) ELIGIBLE LAND.—Land shall be eligible to be

11 enrolled in the program if the Secretary determines that

12 the land is—

13 ‘‘(1) natural grassland or shrubland;

14 ‘‘(2) land that—

15 ‘‘(A) is located in an area that has been

16 historically dominated by natural grassland or

17 shrubland; and

18 ‘‘(B) has potential to serve as habitat for

19 animal or plant populations of significant eco20 logical value if the land is restored to natural

21 grassland or shrubland; or

22 ‘‘(3) land that is incidental to land described in

23 paragraph (1) or (2), if the incidental land is deter24 mined by the Secretary to be necessary for the effi25 cient administration of the easement.
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1 ‘‘SEC. 1238A. EASEMENTS AND AGREEMENTS.

2 ‘‘(a) IN GENERAL.—To be eligible to enroll land in

3 the program, the owner of the land shall enter into an

4 agreement with the Secretary—

5 ‘‘(1) to grant an easement that runs with the

6 land to the Secretary;

7 ‘‘(2) to create and record an appropriate deed

8 restriction in accordance with applicable State law to

9 reflect the easement;

10 ‘‘(3) to provide a written statement of consent

11 to the easement signed by persons holding a security

12 interest or any vested interest in the land;

13 ‘‘(4) to provide proof of unencumbered title to

14 the underlying fee interest in the land that is the

15 subject of the easement; and

16 ‘‘(5) to comply with the terms of the easement

17 and restoration agreement.

18 ‘‘(b) TERMS OF EASEMENT.—An easement under

19 subsection (a) shall—

20 ‘‘(1) permit—

21 ‘‘(A) grazing on the land in a manner that

22 is consistent with maintaining the viability of

23 natural grass and shrub species indigenous to

24 that locality;

25 ‘‘(B) haying (including haying for seed

26 production) or mowing, except during the nest-
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1 ing season for birds in the area that are in sig2 nificant decline, as determined by the Natural

3 Resources Conservation Service State conserva4 tionist, or are protected Federal or State law;

5 and

6 ‘‘(C) fire rehabilitation, construction of fire

7 breaks, and fences (including placement of the

8 posts necessary for fences);

9 ‘‘(2) prohibit—

10 ‘‘(A) the production of row crops, fruit

11 trees, vineyards, or any other agricultural com12 modity that requires breaking the soil surface;

13 and

14 ‘‘(B) except as permitted under paragraph

15 (1)(C), the conduct of any other activities that

16 would disturb the surface of the land covered by

17 the easement, including—

18 ‘‘(i) plowing; and

19 ‘‘(ii) disking; and

20 ‘‘(3) include such additional provisions as the

21 Secretary determines are appropriate to carry out

22 this subchapter or to facilitate the administration of

23 this subchapter.

24 ‘‘(c) EVALUATION AND RANKING OF EASEMENT AP25 PLICATIONS.—
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1 ‘‘(1) IN GENERAL.—The Secretary, in conjunc2 tion with State technical committees, shall establish

3 criteria to evaluate and rank applications for ease4 ments under this subchapter.

5 ‘‘(2) CRITERIA.—In establishing the criteria,

6 the Secretary shall emphasize support for grazing

7 operations, plant and animal biodiversity, and grass8 land and shrubland under the greatest threat of con9 version.

10 ‘‘(d) RESTORATION AGREEMENTS.—

11 ‘‘(1) IN GENERAL.—The Secretary shall pre12 scribe the terms by which grassland and shrubland

13 subject to an easement under an agreement entered

14 into under the program shall be restored.

15 ‘‘(2) REQUIREMENTS.—The restoration agree16 ment shall describe the respective duties of the

17 owner and the Secretary (including paying the Fed18 eral share of the cost of restoration and the provi19 sion of technical assistance).

20 ‘‘(e) VIOLATIONS.—

21 ‘‘(1) IN GENERAL.—On the violation of the

22 terms or conditions of an easement or restoration

23 agreement entered into under this section—

24 ‘‘(A) the easement shall remain in force;

25 and
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1 ‘‘(B) the Secretary may require the owner

2 to refund all or part of any payments received

3 by the owner under this subchapter, with inter4 est on the payments as determined appropriate

5 by the Secretary.

6 ‘‘(2) PERIODIC INSPECTIONS.—

7 ‘‘(A) IN GENERAL.—After providing notice

8 to the owner, the Secretary shall conduct peri9 odic inspections of land subject to easements

10 under this subchapter to ensure that the terms

11 of the easement and restoration agreement are

12 being met.

13 ‘‘(B) LIMITATION.—The Secretary may

14 not prohibit the owner, or a representative of

15 the owner, from being present during a periodic

16 inspection.

17 ‘‘SEC. 1238B. DUTIES OF SECRETARY.

18 ‘‘(a) IN GENERAL.—In return for the granting of an

19 easement by an owner under this subchapter, the Sec20 retary shall, in accordance with this section—

21 ‘‘(1) make easement payments;

22 ‘‘(2) pay the Federal share of the cost of res23 toration; and

24 ‘‘(3) provide technical assistance to the owner.

25 ‘‘(b) PAYMENT SCHEDULE.—
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1 ‘‘(1) EASEMENT PAYMENTS.—

2 ‘‘(A) AMOUNT.—In return for the granting

3 of an easement by an owner under this sub4 chapter, the Secretary shall make easement

5 payments to the owner in an amount equal to—

6 ‘‘(i) in the case of a permanent ease7 ment, the fair market value of the land

8 less the grazing value of the land encum9 bered by the easement; and

10 ‘‘(ii) in the case of a 30-year easement

11 or an easement for the maximum duration

12 allowed under applicable State law, 30 per13 cent of the fair market value of the land

14 less the grazing value of the land for the

15 period during which the land is encum16 bered by the easement.

17 ‘‘(B) SCHEDULE.—Easement payments

18 may be provided in not less than 1 payment nor

19 more than 10 annual payments of equal or un20 equal amount, as agreed to by the Secretary

21 and the owner.

22 ‘‘(2) RENTAL AGREEMENT PAYMENTS.—

23 ‘‘(A) AMOUNT.—If an owner enters into a

24 30-year rental agreement authorized under sec25 tion 1238(b)(3)(C), the Secretary shall make 30
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1 annual rental payments to the owner in an

2 amount that equals, to the maximum extent

3 practicable, the 30-year easement payment

4 amount under paragraph (1)(A)(ii).

5 ‘‘(B) ASSESSMENT.—Not less than once

6 every 5 years throughout the 30-year rental pe7 riod, the Secretary shall assess whether the

8 value of the rental payments under subpara9 graph (A) equals, to the maximum extent prac10 ticable, the 30-year easement payments as of

11 the date of the assessment.

12 ‘‘(C) ADJUSTMENT.—If on completion of

13 the assessment under subparagraph (B), the

14 Secretary determines that the rental payments

15 do not equal, to the maximum extent prac16 ticable, the value of payments under a 30-year

17 easement, the Secretary shall adjust the

18 amount of the remaining payments to equal, to

19 the maximum extent practicable, the value of a

20 30-year easement over the entire 30-year rental

21 period.

22 ‘‘(c) FEDERAL SHARE OF COST OF RESTORATION.—

23 The Secretary shall make payments to the owner of not

24 more than 75 percent of the cost of carrying out measures
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1 and practices necessary to restore grassland and

2 shrubland functions and values.

3 ‘‘(d) TECHNICAL ASSISTANCE.—

4 ‘‘(1) IN GENERAL.—The Secretary shall provide

5 owners with technical assistance to execute easement

6 documents and restore the grassland and shrubland.

7 ‘‘(2) REIMBURSEMENT BY COMMODITY CREDIT

8 CORPORATION.—The Commodity Credit Corporation

9 shall reimburse the Secretary, acting through the

10 Natural Resources Conservation Service, for not

11 more than 10 percent of the cost of acquisition of

12 the easement and the Federal share of the cost of

13 restoration obligated for that fiscal year.

14 ‘‘(e) PAYMENTS TO OTHERS.—If an owner that is en15 titled to a payment under this subchapter dies, becomes

16 incompetent, is otherwise unable to receive the payment,

17 or is succeeded by another person who renders or com18 pletes the required performance, the Secretary shall make

19 the payment, in accordance with regulations promulgated

20 by the Secretary and without regard to any other provision

21 of law, in such manner as the Secretary determines is fair

22 and reasonable in light of all the circumstances.

23 ‘‘(f) OTHER PAYMENTS.—Easement payments re24 ceived by an owner under this subchapter shall be in addi25 tion to, and not affect, the total amount of payments that
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1 the owner is otherwise eligible to receive under other Fed2 eral laws.

3 ‘‘SEC. 1238C. ADMINISTRATION.

4 ‘‘(a) DELEGATION TO PRIVATE ORGANIZATIONS.—

5 ‘‘(1) IN GENERAL.—The Secretary shall permit

6 a private conservation or land trust organization or

7 a State agency to hold and enforce an easement

8 under this subchapter, in lieu of the Secretary, if—

9 ‘‘(A) the Secretary determines that grant10 ing such permission is likely to promote grass11 land and shrubland protection; and

12 ‘‘(B) the owner authorizes the private con13 servation or land trust or a State agency to

14 hold and enforce the easement.

15 ‘‘(2) APPLICATION.—An organization that de16 sires to hold an easement under this subchapter

17 shall apply to the Secretary for approval.

18 ‘‘(3) APPROVAL BY SECRETARY.—The Sec19 retary shall approve an organization under this sub20 chapter that is constituted for conservation or

21 ranching purposes and is competent to administer

22 grassland and shrubland easements.

23 ‘‘(4) REASSIGNMENT.—If an organization hold24 ing an easement on land under this subchapter

25 terminates—
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1 ‘‘(A) the owner of the land shall reassign

2 the easement to another organization described

3 in paragraph (1) or to the Secretary; and

4 ‘‘(B) the owner and the new organization

5 shall notify the Secretary in writing that a reas6 signment for termination has been made.

7 ‘‘(b) REGULATIONS.—Not later than 180 days after

8 the date of enactment of this subchapter, the Secretary

9 shall issue such regulations as are necessary to carry out

10 this subchapter.’’.

11 SEC. 402. FUNDING.

12 Section 1241(a)(2) of the Food Security Act of 1985

13 (16 U.S.C. 3841(a)(2)) is amended by striking ‘‘sub14 chapter C’’ and inserting ‘‘subchapters C and D’’.

15 TITLE V—ENVIRONMENTAL

16 QUALITY INCENTIVES PROGRAM

17 SEC. 501. AIR QUALITY.

18 Sections 1240 and 1240A of the Food Security Act

19 of 1985 (16 U.S.C. 3839aa, 3838aa–1) are amended by

20 inserting ‘‘air,’’ after ‘‘soil,’’ each place it appears.

21 SEC. 502. EXTENSION OF PROGRAM.

22 Section 1240B(a)(1) of the Food Security Act of

23 1985 (16 U.S.C. 3839aa–2(a)(1)) is amended by striking

24 ‘‘2002’’ and inserting ‘‘2011’’.
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1 SEC. 503. TERM.

2 Section 1240B(b)(2) of the Food Security Act of

3 1985 (16 U.S.C. 3839aa–2(b)(2)) is amended by striking

4 ‘‘not less than 5, nor more than 10, years,’’ and inserting

5 ‘‘not less than 1 year, nor more than 10 years,’’.

6 SEC. 504. FEDERAL SHARE OF COST-SHARE PAYMENTS.

7 Section 1240B(e)(1)(A) of the Food Security Act of

8 1985 (16 U.S.C. 3839aa–2(e)(1)(A)) is amended by strik9 ing ‘‘not more than’’ and inserting ‘‘equal to’’.

10 SEC. 505. LIMITATION ON CONFINED LIVESTOCK OPER11 ATIONS.

12 Section 1240B(e)(1) of the Food Security Act of

13 1985 (16 U.S.C. 3839aa–2(e)(1)) is amended—

14 (1) by striking subparagraph (B); and

15 (2) by redesignating subparagraph (C) as sub16 paragraph (B).

17 SEC. 506. TECHNICAL ASSISTANCE.

18 Section 1240B(e)(3)(A) of the Food Security Act of

19 1985 (16 U.S.C. 3839aa–2(e)(3)(A)) is amended in the

20 first sentence by striking ‘‘funding under this chapter’’

21 and inserting ‘‘not more than 25 percent of the funding

22 under this chapter for a fiscal year’’.

23 SEC. 507. TECHNICAL ADVISERS.

24 Section 1240B(e)(3)(C) of the Food Security Act of

25 1985 (16 U.S.C. 3839aa–2(e)(3)(C)) is amended in the

26 first sentence by striking ‘‘and certified crop advisers’’ and
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1 inserting ‘‘certified crop advisers, and other technical ad2 visers (approved by the Secretary)’’.

3 SEC. 508. CONSERVATION PRIORITY AREAS; NONPOINT

4 SOURCE POLLUTION.

5 (a) IN GENERAL.—Section 1240C of the Food Secu6 rity Act of 1985 (16 U.S.C. 3839aa–3) is amended—

7 (1) by striking paragraph (1) and inserting the

8 following;

9 ‘‘(1) assist producers in complying with—

10 ‘‘(A) nonpoint source pollution require11 ments under the Federal Water Pollution Con12 trol Act (33 U.S.C. 1251 et seq.); and

13 ‘‘(B) the provisions of other Federal and

14 State environmental laws relating to the agri15 cultural operations of the producers;’’; and

16 (2) in paragraph (3), by striking ‘‘watersheds,

17 regions, or conservation priority areas’’ and insert18 ing ‘‘watersheds or regions’’.

19 (b) CONFORMING AMENDMENTS.—Section 1230(c)

20 of the Food Security Act of 1985 (16 U.S.C. 3830(c)) is

21 amended by striking ‘‘and chapter 4’’ each place it ap22 pears.

23 SEC. 509. PAYMENT LIMITATIONS.

24 Section 1240G(a) of the Food Security Act of 1985

25 (16 U.S.C. 3839aa–7(a)) is amended—
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1 (1) in paragraph (1), by striking ‘‘$10,000’’

2 and inserting ‘‘$30,000’’; and

3 (2) in paragraph (2), by striking ‘‘$50,000’’

4 and inserting ‘‘$150,000’’.

5 SEC. 510. TIMING OF EXPENDITURES.

6 Section 1240G of the Food Security Act of 1985 (16

7 U.S.C. 3839aa–7) is amended by striking subsection (c).

8 SEC. 511. FUNDING.

9 Section 1241(b) of the Food Security Act of 1985

10 (16 U.S.C. 3841(b)) is amended—

11 (1) in paragraph (1)—

12 (A) by striking ‘‘and’’ after ‘‘1996,’’; and

13 (B) by inserting ‘‘and $615,0000,000 for

14 each of fiscal years 2003 through 2011 (to re15 main available until expended),’’ after ‘‘through

16 2002,’’;

17 (2) in paragraph (2), by striking ‘‘2002’’ and

18 inserting ‘‘2011’’; and

19 (3) by adding at the end the following:

20 ‘‘(3) COLORADO RIVER BASIN SALINITY CON21 TROL.—Of the amount made available under para22 graph (1) for a fiscal year, the Secretary shall use

23 not less than $15,000,000 to carry out salinity con24 trol measures (including watershed enhancement and
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1 cost-share measures with livestock and crop pro2 ducers) in the Colorado River Basin.’’.

3 TITLE VI—RESOURCE CON4 SERVATION AND DEVELOP5 MENT PROGRAM

6 SEC. 601. RESOURCE CONSERVATION AND DEVELOPMENT

7 PROGRAM.

8 Subtitle H of title XV of the Agriculture and Food

9 Act of 1981 (16 U.S.C. 3451 et seq.) is amended to read

10 as follows:

11 ‘‘Subtitle H—Resource Conserva12 tion and Development Program

13 ‘‘SEC. 1528. DEFINITIONS.

14 ‘‘In this subtitle:

15 ‘‘(1) AREA PLAN.—The term ‘area plan’ means

16 a resource conservation and use plan that is devel17 oped by a council for a designated area of a State

18 or States through a planning process and that in19 cludes 1 or more of the following elements:

20 ‘‘(A) A land conservation element, the pur21 pose of which is to control erosion and sedi22 mentation.

23 ‘‘(B) A water management element, the

24 purpose of which is to provide for—
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1 ‘‘(i) the conservation, use, and quality

2 of water, including irrigation and rural

3 water supplies;

4 ‘‘(ii) the mitigation of floods and high

5 water tables;

6 ‘‘(iii) the construction, repair, and im7 provement of dams and reservoirs;

8 ‘‘(iv) the improvement of agricultural

9 water management; and

10 ‘‘(v) the improvement of water qual11 ity.

12 ‘‘(C) A community development element,

13 the purpose of which is—

14 ‘‘(i) the development of resources15 based industries;

16 ‘‘(ii) the protection of rural industries

17 from natural resource hazards;

18 ‘‘(iii) the development of adequate

19 rural water and waste disposal systems;

20 ‘‘(iv) the improvement of recreation

21 facilities;

22 ‘‘(v) the improvement in the quality of

23 rural housing;

24 ‘‘(vi) the provision of adequate health

25 and education facilities;
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1 ‘‘(vii) the satisfaction of essential

2 transportation and communication needs;

3 and

4 ‘‘(viii) the promotion of food security,

5 economic development, and education.

6 ‘‘(D) A land management element, the

7 purpose of which is—

8 ‘‘(i) energy conservation;

9 ‘‘(ii) the protection of agricultural

10 land, as appropriate, from conversion to

11 other uses;

12 ‘‘(iii) farmland protection; and

13 ‘‘(iv) the protection of fish and wild14 life habitats.

15 ‘‘(2) BOARD.—The term ‘Board’ means the Re16 source Conservation and Development Policy Advi17 sory Board established under section 1533(a).

18 ‘‘(3) COUNCIL.—The term ‘council’ means a

19 nonprofit entity (including an affiliate of the entity)

20 operating in a State that is—

21 ‘‘(A) established by volunteers or rep22 resentatives of States, local units of govern23 ment, Indian tribes, or local nonprofit organiza24 tions to carry out an area plan in a designated

25 area; and
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1 ‘‘(B) designated by the chief executive offi2 cer or legislature of the State to receive tech3 nical assistance and financial assistance under

4 this subtitle.

5 ‘‘(4) DESIGNATED AREA.—The term ‘des6 ignated area’ means a geographic area designated by

7 the Secretary to receive technical assistance and fi8 nancial assistance under this subtitle.

9 ‘‘(5) FINANCIAL ASSISTANCE.—The term ‘fi10 nancial assistance’ means a grant, cooperative agree11 ment, or loan provided by the Secretary (or the Sec12 retary and other Federal agencies) to a council, or

13 association of councils, to carry out an area plan in

14 a designated area, including assistance provided for

15 planning, analysis, feasibility studies, training, edu16 cation, and other activities necessary to carry out

17 the area plan.

18 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’

19 has the meaning given the term by section 4 of the

20 Indian Health Care Improvement Act (25 U.S.C.

21 1603).

22 ‘‘(7) LOCAL UNIT OF GOVERNMENT.—The term

23 ‘local unit of government’ means—
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1 ‘‘(A) any county, city, town, township, par2 ish, village, or other general-purpose subdivision

3 of a State; and

4 ‘‘(B) any local or regional special district

5 or other limited political subdivision of a State,

6 including any soil conservation district, school

7 district, park authority, and water or sanitary

8 district.

9 ‘‘(8) NONPROFIT ORGANIZATION.—The term

10 ‘nonprofit organization’ means any organization that

11 is—

12 ‘‘(A) described in section 501(c) of the In13 ternal Revenue Code of 1986; and

14 ‘‘(B) exempt from taxation under section

15 501(a) of the Internal Revenue Code of 1986.

16 ‘‘(9) PLANNING PROCESS.—The term ‘planning

17 process’ means actions taken by a council to develop

18 and carry out an effective area plan in a designated

19 area, including development of the area plan, goals,

20 objectives, policies, implementation activities, evalua21 tions and reviews, and the opportunity for public

22 participation in the actions.

23 ‘‘(10) PROJECT.—The term ‘project’ means a

24 project that is carried out by a council to achieve

25 any of the elements of an area plan.
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1 ‘‘(11) SECRETARY.—The term ‘Secretary’

2 means the Secretary of Agriculture.

3 ‘‘(12) STATE.—The term ‘‘State’’ means any of

4 the States, the District of Columbia, or any territory

5 or possession of the United States.

6 ‘‘(13) TECHNICAL ASSISTANCE.—The term

7 ‘technical assistance’ means any service provided by

8 the Secretary or agent of the Secretary, including—

9 ‘‘(A) inventorying, evaluating, planning,

10 designing, supervising, laying out, and inspect11 ing projects;

12 ‘‘(B) providing maps, reports, and other

13 documents associated with the services pro14 vided;

15 ‘‘(C) providing assistance for the long-term

16 implementation of area plans; and

17 ‘‘(D) providing services of an agency of the

18 Department of Agriculture to assist councils in

19 developing and carrying out area plans.

20 ‘‘SEC. 1529. RESOURCE CONSERVATION AND DEVELOP21 MENT PROGRAM.

22 ‘‘The Secretary shall establish a resource conserva23 tion and development program under which the Secretary

24 shall provide technical assistance and financial assistance
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1 to councils to develop and carry out area plans and

2 projects in designated areas—

3 ‘‘(1) to conserve and improve the use of land,

4 develop natural resources, and improve and enhance

5 the social, economic, and environmental conditions in

6 primarily rural areas of the United States; and

7 ‘‘(2) to encourage and improve the capability of

8 State, units of government, Indian tribes, nonprofit

9 organizations, and councils to carry out the purposes

10 described in paragraph (1).

11 ‘‘SEC. 1530. SELECTION OF DESIGNATED AREAS.

12 ‘‘The Secretary shall select designated areas for as13 sistance under this subtitle on the basis of the elements

14 of area plans.

15 ‘‘SEC. 1531. AUTHORITY OF THE SECRETARY.

16 ‘‘In carrying out this subtitle, the Secretary may—

17 ‘‘(1) provide technical assistance to any council

18 to assist in developing and implementing an area

19 plan for a designated area;

20 ‘‘(2) cooperate with other departments and

21 agencies of the Federal Government, States, local

22 units of government, local Indian tribes, and local

23 nonprofit organizations in conducting surveys and

24 inventories, disseminating information, and devel25 oping area plans;
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1 ‘‘(3) assist in carrying out an area plan ap2 proved by the Secretary for any designated area by

3 providing technical assistance and financial assist4 ance to any council; and

5 ‘‘(4) enter into agreements with councils in ac6 cordance with section 1532.

7 ‘‘SEC. 1532. ELIGIBILITY; TERMS AND CONDITIONS.

8 ‘‘(a) ELIGIBILITY.—Technical assistance and finan9 cial assistance may be provided by the Secretary under

10 this subtitle to any council to assist in carrying out a

11 project specified in an area plan approved by the Secretary

12 only if—

13 ‘‘(1) the council agrees in writing—

14 ‘‘(A) to carry out the project; and

15 ‘‘(B) to finance or arrange for financing of

16 any portion of the cost of carrying out the

17 project for which financial assistance is not pro18 vided by the Secretary under this subtitle;

19 ‘‘(2) the project is included in an area plan and

20 is approved by the council;

21 ‘‘(3) the Secretary determines that assistance is

22 necessary to carry out the area plan;

23 ‘‘(4) the project provided for in the area plan

24 is consistent with any current comprehensive plan

25 for the area;
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1 ‘‘(5) the cost of the land or an interest in the

2 land acquired or to be acquired under the plan by

3 any State, local unit of government, Indian tribe, or

4 local nonprofit organization is borne by the State,

5 local unit of government, Indian tribe, or local non6 profit organization, respectively; and

7 ‘‘(6) the State, local unit of government, Indian

8 tribe, or local nonprofit organization participating in

9 the area plan agrees to maintain and operate the

10 project.

11 ‘‘(b) LOANS.—

12 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

13 and (3), a loan made under this subtitle shall be

14 made on such terms and conditions as the Secretary

15 may prescribe.

16 ‘‘(2) TERM.—A loan for a project made under

17 this subtitle shall have a term of not more than 30

18 years after the date of completion of the project.

19 ‘‘(3) INTEREST RATE.—A loan made under this

20 subtitle shall bear interest at the average rate of in21 terest paid by the United States on obligations of a

22 comparable term, as determined by the Secretary of

23 the Treasury.

24 ‘‘(c) APPROVAL BY SECRETARY.—Technical assist25 ance and financial assistance under this subtitle may not
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1 be made available to a council to carry out an area plan

2 unless the area plan has been submitted to and approved

3 by the Secretary.

4 ‘‘(d) WITHDRAWAL.—The Secretary may withdraw

5 technical assistance and financial assistance with respect

6 to any area plan if the Secretary determines that the as7 sistance is no longer necessary or that sufficient progress

8 has not been made toward developing or implementing the

9 elements of the area plan.

10 ‘‘(e) USE OF OTHER ENTITIES AND PERSONS.—A

11 council may use another person or entity to assist in devel12 oping and implementing an area plan and otherwise car13 rying out this subtitle.

14 ‘‘SEC. 1533. RESOURCE CONSERVATION AND DEVELOP15 MENT POLICY ADVISORY BOARD.

16 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab17 lish within the Department of Agriculture a Resource Con18 servation and Development Policy Advisory Board.

19 ‘‘(b) COMPOSITION.—

20 ‘‘(1) IN GENERAL.—The Board shall be com21 posed of at least 7 employees of the Department of

22 Agriculture selected by the Secretary.

23 ‘‘(2) CHAIRPERSON.—A member of the Board

24 shall be designated by the Secretary to serve as

25 chairperson of the Board.
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1 ‘‘(c) DUTIES.—The Board shall advise the Secretary

2 regarding the administration of this subtitle, including the

3 formulation of policies for carrying out this subtitle.

4 ‘‘SEC. 1534. EVALUATION OF PROGRAM.

5 ‘‘(a) IN GENERAL.—The Secretary, in consultation

6 with councils, shall evaluate the program established

7 under this subtitle to determine whether the program is

8 effectively meeting the needs of, and the objectives identi9 fied by, States, units of government, Indian tribes, non10 profit organizations, and councils participating in, or

11 served by, the program.

12 ‘‘(b) REPORT.—Not later than December 31, 2011,

13 the Secretary shall submit to the Committee on Agri14 culture of the House of Representatives and the Com15 mittee on Agriculture, Nutrition, and Forestry of the Sen16 ate a report describing the results of the evaluation, to17 gether with any recommendations of the Secretary for con18 tinuing, terminating, or modifying the program.

19 ‘‘SEC. 1535. LIMITATION ON ASSISTANCE.

20 ‘‘In carrying out this subtitle, the Secretary shall pro21 vide technical assistance and financial assistance to not

22 more than 450 active designated areas.
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1 ‘‘SEC. 1536. SUPPLEMENTAL AUTHORITY OF THE SEC2 RETARY.

3 ‘‘The authority of the Secretary under this subtitle

4 to assist councils in the development and implementation

5 of area plans shall be supplemental to, and not in lieu

6 of, any authority of the Secretary under any other provi7 sion of law.

8 ‘‘SEC. 1537. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘(a) IN GENERAL.—There are authorized to be such

10 sums as are necessary to carry out this subtitle.

11 ‘‘(b) LOANS.—The Secretary shall not use more than

12 $15,000,000 of any funds made available for a fiscal year

13 to make loans under this subtitle.

14 ‘‘(c) AVAILABILITY.—Funds appropriated to carry

15 out this subtitle shall remain available until expended.’’.

16 TITLE VII—CONSERVATION OF

17 PRIVATE GRAZING LAND

18 SEC. 701. CONSERVATION OF PRIVATE GRAZING LAND.

19 (a) IN GENERAL.—Section 386 of the Federal Agri20 culture Improvement and Reform Act of 1996 (16 U.S.C.

21 2005b) is amended by striking subsection (f) and inserting

22 the following:

23 ‘‘(f) FUNDING.—Of the funds of the Commodity

24 Credit Corporation, the Secretary shall use to carry out

25 this section $60,000,000 for each of fiscal years 2003

26 through 2011.’’.
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1 (b) CONFORMING AMENDMENT.—Section 386(d)(2)

2 of the Federal Agriculture Improvement and Reform Act

3 of 1996 (16 U.S.C. 2005b(d)(2)) is amended by striking

4 ‘‘ELEMENTS.—’’ and all that follows through ‘‘EDU5 CATION.—Personnel’’ and inserting ‘‘ELEMENTS.—Per6 sonnel’’.

7 TITLE VIII—WILDLIFE HABITAT

8 INCENTIVE PROGRAM

9 SEC. 801. PILOT PROGRAMS TO AVOID LISTING OF ENDAN10 GERED SPECIES AND PRESERVE CRITICAL

11 HABITATS.

12 Section 387 of the Federal Agriculture Improvement

13 and Reform Act of 1996 (16 U.S.C. 3836a) is amended—

14 (1) by redesignating subsection (c) as sub15 section (e); and

16 (2) by inserting after subsection (b) the fol17 lowing:

18 ‘‘(c) PILOT PROGRAMS TO AVOID LISTING OF EN19 DANGERED SPECIES AND PRESERVE CRITICAL HABI20 TATS.—

21 ‘‘(1) IN GENERAL.—Of the total amount made

22 available under subsection (e) for a fiscal year, the

23 Secretary shall use not less than $40,000,000 to

24 support pilot programs involving local initiatives

25 that, to the greatest extent, avoid the listing of a
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1 fish, wildlife, or plant species as a threatened species

2 or an endangered species under the Endangered

3 Species Act of 1973 (16 U.S.C. 1531 et seq.).

4 ‘‘(2) GEOGRAPHIC DIVERSITY.—The Secretary

5 shall support not more than 2 pilot programs under

6 this subsection in any region of the United States,

7 as determined by the Secretary.

8 ‘‘(d) EFFECT OF PARTICIPATION.—A person shall

9 not be considered to have engaged in a taking of any

10 threatened species or endangered species under the En11 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.)

12 as a result of participation in the program authorized

13 under this section, including restoring any land enrolled

14 in the program to the use of the land before enrollment

15 in the program, as determined by the Secretary.’’.

16 SEC. 802. AUTHORIZATION OF APPROPRIATIONS.

17 Section 387 of the Federal Agriculture Improvement

18 and Reform Act of 1996 (16 U.S.C. 3836a) (as amended

19 by section 901) is amended by striking subsection (e) and

20 inserting the following:

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

22 is authorized to be appropriated to carry out this section

23 $100,000,000 for each of fiscal years 2003 through

24 2011.’’.
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1 TITLE IX—FARMLAND

2 PROTECTION PROGRAM

3 SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

4 Section 388 of the Federal Agriculture Improvement

5 and Reform Act of 1996 (16 U.S.C. 3830 note; Public

6 Law 104–127) is amended by striking subsection (c) and

7 inserting the following:

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

9 is authorized to be appropriated to carry out this section

10 $100,000,000 for each of fiscal years 2003 through

11 2011.’’.

12 TITLE X—MISCELLANEOUS

13 CONSERVATION PROVISIONS

14 SEC. 1001. PRIVACY OF PERSONAL INFORMATION RELAT15 ING TO NATURAL RESOURCES CONSERVA16 TION PROGRAMS.

17 Subtitle E of title XII of the Food Security Act of

18 1985 (16 U.S.C. 3841 et seq.) is amended—

19 (1) by redesignating sections 1244 and 1245

20 (16 U.S.C. 3844, 3845) as sections 1245 and 1246,

21 respectively; and

22 (2) by inserting after section 1243 (16 U.S.C.

23 3843) the following:
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1 ‘‘SEC. 1244. PRIVACY OF PERSONAL INFORMATION RELAT2 ING TO NATURAL RESOURCES CONSERVA3 TION PROGRAMS.

4 ‘‘(a) INFORMATION RECEIVED FOR TECHNICAL AND

5 FINANCIAL ASSISTANCE.—Except as provided in sub6 section (c) and notwithstanding any other provision of law,

7 information provided to, or developed by, the Secretary

8 (including a contractor of the Secretary) for the purpose

9 of providing technical or financial assistance to an owner

10 or operator with respect to any natural resources con11 servation program administered by the Natural Resources

12 Conservation Service or the Farm Service Agency—

13 ‘‘(1) shall not be considered to be public infor14 mation; and

15 ‘‘(2) shall not be released to any person or Fed16 eral, State, local, or tribal agency outside the De17 partment of Agriculture.

18 ‘‘(b) INVENTORY, MONITORING, AND SITE SPECIFIC

19 INFORMATION.—Except as provided in subsection (c) and

20 notwithstanding any other provision of law, in order to

21 maintain the personal privacy, confidentiality, and co22 operation of owners and operators, and to maintain the

23 integrity of sample sites, the specific geographic locations

24 of the National Resources Inventory of the Department

25 of Agriculture data gathering sites and the information

26 generated by those sites—
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1 ‘‘(1) shall not be considered to be public infor2 mation; and

3 ‘‘(2) shall not be released to any person or Fed4 eral, State, local, or tribal agency outside the De5 partment of Agriculture.

6 ‘‘(c) EXCEPTIONS.—

7 ‘‘(1) RELEASE AND DISCLOSURE FOR ENFORCE8 MENT.—The Secretary may release or disclose to the

9 Attorney General information covered by subsection

10 (a) or (b) to the extent necessary to enforce the nat11 ural resources conservation programs referred to in

12 subsection (a).

13 ‘‘(2) DISCLOSURE TO COOPERATING PERSONS

14 AND AGENCIES.—

15 ‘‘(A) IN GENERAL.—The Secretary may re16 lease or disclose information covered by sub17 section (a) or (b) to a person or Federal, State,

18 local, or tribal agency working in cooperation

19 with the Secretary in providing technical and fi20 nancial assistance described in subsection (a) or

21 collecting information from National Resources

22 Inventory data gathering sites.

23 ‘‘(B) USE OF INFORMATION.—The person

24 or Federal, State, local, or tribal agency that

25 receives information described in subparagraph
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1 (A) may release the information only for the

2 purpose of assisting the Secretary—

3 ‘‘(i) in providing the requested tech4 nical or financial assistance; or

5 ‘‘(ii) in collecting information from

6 National Resources Inventory data gath7 ering sites.

8 ‘‘(3) STATISTICAL AND AGGREGATE INFORMA9 TION.—Information covered by subsection (b) may

10 be disclosed to the public if the information has been

11 transformed into a statistical or aggregate form that

12 does not allow the identification of any individual

13 owner, operator, or specific data gathering site.

14 ‘‘(d) VIOLATIONS; PENALTIES.—Section 1770(c)

15 shall apply with respect to the release of information col16 lected in any manner or for any purpose prohibited by this

17 section.’’.

18 SEC. 1002. STUDY OF CONSERVATION ACCOUNTING SYS19 TEM.

20 (a) IN GENERAL.—The Secretary of Agriculture shall

21 request the National Academy of Sciences to conduct a

22 study of the development and implementation of an ac23 counting system that can be used by the Secretary to es24 tablish protocols to measure, on a county-by-county basis,

25 efforts, gains, and losses with respect to program partici-
39

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1 pation and effects on natural resources under conservation

2 and environmental programs carried out by the Secretary.

3 (b) REPORT.—Not later than 1 year after the date

4 of enactment of this Act, the Secretary shall prepare and

5 submit to the Committee on Agriculture of the House of

6 Representatives and the Committee on Agriculture, Nutri7 tion, and Forestry of the Senate a report that describes

8 the results of the study conducted under subsection (a),

9 including any appropriate recommendations.

10 SEC. 1003. STUDY OF DISASTER PROGRAMS.

11 (a) IN GENERAL.—The Secretary of Agriculture shall

12 conduct a study on the effectiveness of disaster programs

13 carried out by the Secretary, including the noninsured

14 crop assistance program established under section 196 of

15 the Agricultural Market Transition Act (7 U.S.C. 7333)

16 and excluding any program carried out under the Federal

17 Crop Insurance Act (7 U.S.C. 1501 et seq.).

18 (b) REPORT.—Not later than 60 days after the date

19 of enactment of this Act, the Secretary shall submit to

20 the Committee on Agriculture of the House of Representa21 tives and the Committee on Agriculture, Nutrition, and

22 Forestry of the Senate a report that describes the results

23 of the study conducted under subsection (a), including any

24 recommendations for improving the timeliness and effec-
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1 tiveness of the disaster programs described in subsection

2 (a).

3 SEC. 1004. TECHNICAL AMENDMENTS.

4 (a) DELINEATION OF WETLANDS; EXEMPTIONS TO

5 PROGRAM INELIGIBILITY.—

6 (1) REFERENCES TO PRODUCER.—Section

7 322(e) of the Federal Agriculture Improvement and

8 Reform Act of 1996 (Public Law 104–127; 110

9 Stat. 991) is amended by inserting ‘‘each place it

10 appears’’ before ‘‘and inserting’’.

11 (2) GOOD FAITH EXEMPTION.—Section

12 1222(h)(2) of the Food Security Act of 1985 (16

13 U.S.C. 3822(h)(2)) is amended by striking ‘‘to ac14 tively’’ and inserting ‘‘to be actively’’.

15 (3) DETERMINATIONS.—Section 1222(j) of the

16 Food Security Act of 1985 (16 U.S.C. 3822(j)) is

17 amended by striking ‘‘National’’ and inserting ‘‘Nat18 ural’’.

19 (b) CONTINUOUS SIGNUP.—Section 1234(c)(2)(B) of

20 the Food Security Act of 1985 (16 U.S.C. 3834(c)(2)(B))

21 is amended by inserting ‘‘(including the use of continuous

22 signup)’’ after ‘‘appropriate’’.

23 (c) ENVIRONMENTAL EASEMENT PROGRAM.—Chap24 ter 3 of subtitle D of title XII of the Food Security Act

25 of 1985 (16 U.S.C. 3839 et seq.) is repealed.
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1 (d) TEMPORARY ADMINISTRATION OF ENVIRON2 MENTAL QUALITY INCENTIVES PROGRAM.—Section

3 1240H of the Food Security Act of 1985 (16 U.S.C.

4 3839aa–8) is repealed.

5 (e) WILDLIFE HABITAT INCENTIVE PROGRAM.—Sec6 tion 387 of the Federal Agriculture Improvement and Re7 form Act of 1996 (16 U.S.C. 3836a) is amended in the

8 section heading by striking ‘‘INCENTIVES’’ and inserting

9 ‘‘INCENTIVE’’.

10 TITLE XI—EFFECT OF

11 AMENDMENTS

12 SEC. 1101. EFFECT OF AMENDMENTS.

13 (a) IN GENERAL.—Except as otherwise specifically

14 provided in this Act and notwithstanding any other provi15 sion of law, this Act and the amendments made by this

16 Act shall not affect the authority of the Secretary of Agri17 culture to carry out a conservation program for any of

18 the 1996 through 2002 fiscal or calendar years under a

19 provision of law in effect immediately before the date of

20 enactment of this Act.

21 (b) LIABILITY.—A provision of this Act or an amend22 ment made by this Act shall not affect the liability of any

23 person under any provision of law as in effect immediately

24 before the date of enactment of this Act.

Æ