II

107TH CONGRESS

1ST SESSION S. 1153

To amend the Food Security Act of 1985 to establish a grassland reserve

program to assist owners in restoring and protecting grassland.

IN THE SENATE OF THE UNITED STATES

JUNE 29, 2001

Mr. CRAIG (for himself, Mrs. FEINSTEIN, and Mr. THOMAS) 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 a

grassland reserve program to assist owners in restoring

and protecting grassland.

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.

4 This Act may be cited as the ‘‘Grassland Reserve

5 Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
2

•S 1153 IS

1 (1) vast grassland once provided critical habitat

2 for complex plant and animal communities through3 out much of North America;

4 (2) today, grassland areas have been largely

5 converted to other uses, threatening and eliminating

6 plant and animal communities unique to North

7 America;

8 (3) a significant portion of the remaining grass9 land is on working ranches;

10 (4) ranchers have an economic interest in pre11 serving the remaining grassland as forage for their

12 livestock;

13 (5) many ranchers are also concerned about los14 ing the open spaces and ‘‘big sky’’ central to the

15 ranching way of life;

16 (6) apart from the loss of grassland, ranches

17 themselves have steadily disappeared through the

18 years and are likely to disappear at a faster rate in

19 the immediate decade as a generation of ranchers

20 reach retirement age;

21 (7) ranch land provides important open-space

22 buffers for animal and plant habitat;

23 (8) ranching forms the economic backbone for

24 much of the rural area of the western United States;
3

•S 1153 IS

1 (9) currently, there are no Federal programs

2 that protect grassland, ranch land, or other land

3 with comparable high resource value, other than wet4 land, on a national scale; and

5 (10) a grassland reserve program would provide

6 important economic assistance to ranchers and other

7 agricultural producers who may voluntarily decide

8 that participating in the program would be to their

9 advantage.

10 SEC. 3. GRASSLAND RESERVE PROGRAM.

11 Chapter 1 of subtitle D of title XII of the Food Secu12 rity Act of 1985 (16 U.S.C. 3830 et seq.) is amended by

13 adding at the end the following:

14 ‘‘Subchapter D—Grassland Reserve Program

15 ‘‘SEC. 1238. GRASSLAND RESERVE PROGRAM.

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

17 through the Natural Resource Conservation Service, shall

18 establish a grassland reserve program (referred to in this

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

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

21 ‘‘(b) ENROLLMENT CONDITIONS.—

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

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

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

25 the 90th meridian; or
4

•S 1153 IS

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

2 the 90th meridian.

3 ‘‘(2) MAXIMUM ENROLLMENT.—The total num4 ber of acres enrolled in the program shall not exceed

5 1,000,000 acres.

6 ‘‘(3) METHODS OF ENROLLMENT.—The Sec7 retary shall enroll land in the program through—

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

9 easements;

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

11 duration for such an easement, an easement for

12 the maximum duration allowed under State law;

13 or

14 ‘‘(C) a 30-year rental agreement.

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

16 enrolled in the program if the Secretary determines that

17 the land is—

18 ‘‘(1) natural grassland or shrubland;

19 ‘‘(2) land that—

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

21 historically dominated by natural grassland or

22 shrubland; and

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

24 animal or plant populations of significant eco-
5

•S 1153 IS

1 logical value if the land is restored to natural

2 grassland or shrubland; or

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

4 paragraph (1) or (2), if the incidental land is deter5 mined by the Secretary to be necessary for the effi6 cient administration of the easement.

7 ‘‘SEC. 1238A. EASEMENTS AND AGREEMENTS.

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

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

10 agreement with the Secretary—

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

12 land to the Secretary;

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

14 restriction in accordance with applicable State law to

15 reflect the easement;

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

17 to the easement signed by persons holding a security

18 interest or any vested interest in the land;

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

20 the underlying fee interest in the land that is the

21 subject of the easement; and

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

23 and restoration agreement.

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

25 subsection (a) shall—
6

•S 1153 IS

1 ‘‘(1) permit—

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

3 is consistent with maintaining the viability of

4 natural grass and shrub species indigenous to

5 that locality;

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

7 production) or mowing, except during the nest8 ing season for birds in the area that are in sig9 nificant decline, as determined by the Natural

10 Resources Conservation Service State conserva11 tionist, or are protected Federal or State law;

12 and

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

14 breaks, and fences (including placement of the

15 posts necessary for fences);

16 ‘‘(2) prohibit—

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

18 trees, vineyards, or any other agricultural com19 modity that requires breaking the soil surface;

20 and

21 ‘‘(B) except as permitted under paragraph

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

23 would disturb the surface of the land covered by

24 the easement, including—

25 ‘‘(i) plowing; and
7

•S 1153 IS

1 ‘‘(ii) disking; and

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

3 Secretary determines are appropriate to carry out

4 this subchapter or to facilitate the administration of

5 this subchapter.

6 ‘‘(c) EVALUATION AND RANKING OF EASEMENT AP7 PLICATIONS.—

8 ‘‘(1) IN GENERAL.—The Secretary, in conjunc9 tion with State technical committees, shall establish

10 criteria to evaluate and rank applications for ease11 ments under this subchapter.

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

13 the Secretary shall emphasize support for grazing

14 operations, plant and animal biodiversity, and grass15 land and shrubland under the greatest threat of con16 version.

17 ‘‘(d) RESTORATION AGREEMENTS.—

18 ‘‘(1) IN GENERAL.—The Secretary shall pre19 scribe the terms by which grassland and shrubland

20 subject to an easement under an agreement entered

21 into under the program shall be restored.

22 ‘‘(2) REQUIREMENTS.—The restoration agree23 ment shall describe the respective duties of the

24 owner and the Secretary (including paying the Fed-
8

•S 1153 IS

1 eral share of the cost of restoration and the provi2 sion of technical assistance).

3 ‘‘(e) VIOLATIONS.—

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

5 terms or conditions of an easement or restoration

6 agreement entered into under this section—

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

8 and

9 ‘‘(B) the Secretary may require the owner

10 to refund all or part of any payments received

11 by the owner under this subchapter, with inter12 est on the payments as determined appropriate

13 by the Secretary.

14 ‘‘(2) PERIODIC INSPECTIONS.—

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

16 to the owner, the Secretary shall conduct peri17 odic inspections of land subject to easements

18 under this subchapter to ensure that the terms

19 of the easement and restoration agreement are

20 being met.

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

22 not prohibit the owner, or a representative of

23 the owner, from being present during a periodic

24 inspection.
9

•S 1153 IS

1 ‘‘SEC. 1238B. DUTIES OF SECRETARY.

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

3 easement by an owner under this subchapter, the Sec4 retary shall, in accordance with this section,—

5 ‘‘(1) make easement payments;

6 ‘‘(2) pay the Federal share of the cost of res7 toration; and

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

9 ‘‘(b) PAYMENT SCHEDULE.—

10 ‘‘(1) EASEMENT PAYMENTS.—

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

12 of an easement by an owner under this sub13 chapter, the Secretary shall make easement

14 payments to the owner in an amount equal to—

15 ‘‘(i) in the case of a permanent ease16 ment, the fair market value of the land

17 less the grazing value of the land encum18 bered by the easement; and

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

20 or an easement for the maximum duration

21 allowed under applicable State law, 30 per22 cent of the fair market value of the land

23 less the grazing value of the land for the

24 period during which the land is encum25 bered by the easement.
10

•S 1153 IS

1 ‘‘(B) SCHEDULE.—Easement payments may be

2 provided in not less than 1 payment nor more than

3 10 annual payments of equal or unequal amount, as

4 agreed to by the Secretary and the owner.

5 ‘‘(2) RENTAL AGREEMENT PAYMENTS.—

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

7 30-year rental agreement authorized under sec8 tion 1238(b)(3)(C), the Secretary shall make 30

9 annual rental payments to the owner in an

10 amount that equals, to the maximum extent

11 practicable, the 30-year easement payment

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

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

14 every 5 years throughout the 30-year rental pe15 riod, the Secretary shall assess whether the

16 value of the rental payments under subpara17 graph (A) equals, to the maximum extent prac18 ticable, the 30-year easement payments as of

19 the date of the assessment.

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

21 the assessment under subparagraph (B), the

22 Secretary determines that the rental payments

23 do not equal, to the maximum extent prac24 ticable, the value of payments under a 30-year

25 easement, the Secretary shall adjust the
11

•S 1153 IS

1 amount of the remaining payments to equal, to

2 the maximum extent practicable, the value of

3 a 30-year easement over the entire 30-year

4 rental period.

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

6 The Secretary shall make payments to the owner of not

7 more than 75 percent of the cost of carrying out measures

8 and practices necessary to restore grassland and

9 shrubland functions and values.

10 ‘‘(d) TECHNICAL ASSISTANCE.—

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

12 owners with technical assistance to execute easement

13 documents and restore the grassland and shrubland.

14 ‘‘(2) REIMBURSEMENT BY COMMODITY CREDIT

15 CORPORATION.—The Commodity Credit Corporation

16 shall reimburse the Secretary, acting through the

17 Natural Resources Conservation Service, for not

18 more than 10 percent of the cost of acquisition of

19 the easement and the Federal share of the cost of

20 restoration obligated for that fiscal year.

21 ‘‘(e) PAYMENTS TO OTHERS.—If an owner that is en22 titled to a payment under this subchapter dies, becomes

23 incompetent, is otherwise unable to receive the payment,

24 or is succeeded by another person who renders or com25 pletes the required performance, the Secretary shall make
12

•S 1153 IS

1 the payment, in accordance with regulations promulgated

2 by the Secretary and without regard to any other provision

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

4 and reasonable in light of all the circumstances.

5 ‘‘(f) OTHER PAYMENTS.—Easement payments re6 ceived by an owner under this subchapter shall be in addi7 tion to, and not affect, the total amount of payments that

8 the owner is otherwise eligible to receive under other Fed9 eral laws.

10 ‘‘SEC. 1238C. ADMINISTRATION.

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

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

13 a private conservation or land trust organization or

14 a State agency to hold and enforce an easement

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

16 ‘‘(A) the Secretary determines that grant17 ing such permission is likely to promote grass18 land and shrubland protection; and

19 ‘‘(B) the owner authorizes the private con20 servation or land trust or a State agency to

21 hold and enforce the easement.

22 ‘‘(2) APPLICATION.—An organization that de23 sires to hold an easement under this subchapter

24 shall apply to the Secretary for approval.
13

•S 1153 IS

1 ‘‘(3) APPROVAL BY SECRETARY.—The Sec2 retary shall approve an organization under this sub3 chapter that is constituted for conservation or

4 ranching purposes and is competent to administer

5 grassland and shrubland easements.

6 ‘‘(4) REASSIGNMENT.—If an organization hold7 ing an easement on land under this subchapter

8 terminates—

9 ‘‘(A) the owner of the land shall reassign

10 the easement to another organization described

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

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

13 shall notify the Secretary in writing that a reas14 signment for termination has been made.

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

16 the date of enactment of this subchapter, the Secretary

17 shall issue such regulations as are necessary to carry out

18 this subchapter.’’.

19 SEC. 4. FUNDING.

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

21 (16 U.S.C. 3841(a)(2)) is amended by striking ‘‘sub22 chapter C’’ and inserting ‘‘subchapters C and D’’.

Æ