II

107TH CONGRESS

1ST SESSION S. 1326

To extend and improve working lands and other conservation programs

administered by the Secretary of Agriculture.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. LUGAR introduced the following bill; which was read twice and referred

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To extend and improve working lands and other 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 ‘‘Working Lands Conservation Act’’.

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—WORKING LANDS CONSERVATION PROGRAMS

Sec. 101. Environmental quality incentives program.

Sec. 102. Conservation reserve program.

Sec. 103. Wetlands reserve program.
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Sec. 104. Farmland protection program.

Sec. 105. Wildlife Habitat Incentive Program.

TITLE II—MISCELLANEOUS REFORMS AND EXTENSIONS

Sec. 201. Privacy of personal information relating to natural resources conservation programs.

Sec. 202. Reform and consolidation of conservation programs.

Sec. 203. Certification of private providers of technical assistance.

Sec. 204. Extension of conservation authorities.

Sec. 205. Technical amendments.

Sec. 206. Effect of amendments.

1 TITLE I—WORKING LANDS

2 CONSERVATION PROGRAMS

3 SEC. 101. ENVIRONMENTAL QUALITY INCENTIVES PRO4 GRAM.

5 (a) IN GENERAL.—Chapter 4 of subtitle D of title

6 XII of the Food Security Act of 1985 (16 U.S.C. 3839aa

7 et seq.) is amended to read as follows:

8 ‘‘CHAPTER 4—ENVIRONMENTAL QUALITY

9 INCENTIVES PROGRAM

10 ‘‘SEC. 1240. PURPOSES.

11 ‘‘The purposes of the environmental quality incen12 tives program established by this chapter are to promote

13 agricultural production and environmental quality as com14 patible national goals, and to maximize environmental

15 benefits per dollar expended, by—

16 ‘‘(1) assisting producers in complying with this

17 title, the Federal Water Pollution Control Act (33

18 U.S.C. 1251 et seq.), the Safe Drinking Water Act

19 (42 U.S.C. 300f et seq.), the Clean Air Act (42
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1 U.S.C. 7401 et seq.), and other Federal, State, and

2 local environmental laws (including regulations);

3 ‘‘(2) avoiding, to the maximum extent prac4 ticable, the need for resource and regulatory pro5 grams by assisting producers in protecting soil,

6 water, air, and related natural resources and meet7 ing environmental quality criteria established by

8 Federal, State, and local agencies;

9 ‘‘(3) providing flexible technical and financial

10 assistance to producers to install and maintain con11 servation systems that enhance soil, water, related

12 natural resources (including grazing land and wet13 land), and wildlife while sustaining production of

14 food and fiber;

15 ‘‘(4) assisting producers to make beneficial, cost

16 effective changes to cropping systems, grazing man17 agement, nutrient management associated with live18 stock, pest or irrigation management, or other prac19 tices on agricultural land;

20 ‘‘(5) facilitating partnerships and joint efforts

21 among producers and governmental and nongovern22 mental organizations; and

23 ‘‘(6) consolidating and streamlining conserva24 tion planning and regulatory compliance processes to
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1 reduce administrative burdens on producers and the

2 cost of achieving environmental goals.

3 ‘‘SEC. 1240A. DEFINITIONS.

4 ‘‘In this chapter:

5 ‘‘(1) COMPREHENSIVE NUTRIENT MANAGE6 MENT.—

7 ‘‘(A) IN GENERAL.—The term ‘comprehen8 sive nutrient management’ means any combina9 tion of structural practices, land management

10 practices, and management activities associated

11 with crop or livestock production described in

12 subparagraph (B) that collectively ensure that

13 the goals of crop or livestock production and

14 preservation of natural resources, especially the

15 preservation and enhancement of water quality,

16 are compatible.

17 ‘‘(B) ELEMENTS.—For the purpose of sub18 paragraph (A), structural practices, land man19 agement practices, and management activities

20 associated with livestock production are—

21 ‘‘(i) manure and wastewater handling

22 and storage;

23 ‘‘(ii) land treatment practices;

24 ‘‘(iii) nutrient management;

25 ‘‘(iv) recordkeeping;
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1 ‘‘(v) feed management; and

2 ‘‘(vi) other waste utilization options.

3 ‘‘(C) PRACTICE.—

4 ‘‘(i) PLANNING.—The development of

5 a comprehensive nutrient management

6 plan shall be a practice that is eligible for

7 incentive payments and technical assist8 ance under this chapter.

9 ‘‘(ii) IMPLEMENTATION.—The imple10 mentation of a comprehensive nutrient

11 plan shall be accomplished through struc12 tural and land management practices iden13 tified in the plan.

14 ‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’

15 means agricultural land (including cropland, range16 land, pasture, and other land on which crops or live17 stock are produced), including agricultural land that

18 the Secretary determines poses a serious threat to

19 soil, water, or related resources by reason of the soil

20 types, terrain, climatic, soil, topographic, flood, or

21 saline characteristics, or other factors or natural

22 hazards.

23 ‘‘(3) LAND MANAGEMENT PRACTICE.—The

24 term ‘land management practice’ means a site-spe25 cific nutrient or manure management, integrated
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1 pest management, irrigation management, tillage or

2 residue management, grazing management, air qual3 ity management, or other land management practice

4 carried out on eligible land that the Secretary deter5 mines is needed to protect, in the most cost-effective

6 manner, water, soil, or related resources from deg7 radation.

8 ‘‘(4) LIVESTOCK.—The term ‘livestock’ means

9 dairy cattle, beef cattle, laying hens, broilers, tur10 keys, swine, sheep, and such other animals as deter11 mined by the Secretary.

12 ‘‘(5) MAXIMIZE ENVIRONMENTAL BENEFITS

13 PER DOLLAR EXPENDED.—

14 ‘‘(A) IN GENERAL.—The term ‘maximize

15 environmental benefits per dollar expended’

16 means to maximize environmental benefits to

17 the extent the Secretary determines is prac18 ticable and appropriate, taking into account the

19 amount of funding made available to carry out

20 this chapter.

21 ‘‘(B) LIMITATION.—The term ‘maximize

22 environmental benefits per dollar expended’

23 does not require the Secretary—

24 ‘‘(i) to provide the least cost practice

25 or technical assistance; or
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1 ‘‘(ii) to require the development of a

2 plan under section 1240E as part of an

3 application for payments or technical as4 sistance.

5 ‘‘(6) PRACTICE.—The term ‘practice’ means 1

6 or more structural practices, land management prac7 tices, and comprehensive nutrient management plan8 ning practices.

9 ‘‘(7) PRODUCER.—The term ‘producer’ means a

10 person that is engaged in livestock or agricultural

11 production, as determined by the Secretary.

12 ‘‘(8) STRUCTURAL PRACTICE.—The term ‘struc13 tural practice’ means—

14 ‘‘(A) the establishment on eligible land of

15 a site-specific animal waste management facil16 ity, terrace, grassed waterway, contour grass

17 strip, filterstrip, tailwater pit, permanent wild18 life habitat, constructed wetland, or other struc19 tural practice that the Secretary determines is

20 needed to protect, in the most cost-effective

21 manner, water, soil, or related resources from

22 degradation; and

23 ‘‘(B) the capping of abandoned wells on el24 igible land.
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1 ‘‘SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION OF

2 ENVIRONMENTAL QUALITY INCENTIVES PRO3 GRAM.

4 ‘‘(a) ESTABLISHMENT.—

5 ‘‘(1) IN GENERAL.—During each of the 2003

6 through 2011 fiscal years, the Secretary shall pro7 vide technical assistance, cost-share payments, and

8 incentive payments to producers, that enter into con9 tracts with the Secretary, through an environmental

10 quality incentives program in accordance with this

11 chapter.

12 ‘‘(2) ELIGIBLE PRACTICES.—

13 ‘‘(A) STRUCTURAL PRACTICES.—A pro14 ducer that implements a structural practice

15 shall be eligible for any combination of technical

16 assistance, cost-share payments, and education.

17 ‘‘(B) LAND MANAGEMENT PRACTICES.—A

18 producer that performs a land management

19 practice shall be eligible for any combination of

20 technical assistance, incentive payments, and

21 education.

22 ‘‘(C) COMPREHENSIVE NUTRIENT MANAGE23 MENT PLANNING.—A producer that develops a

24 comprehensive nutrient management plan shall

25 be eligible for any combination of technical as26 sistance, incentive payments, and education.
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1 ‘‘(3) EDUCATION.—The Secretary may provide

2 conservation education at national, State, and local

3 levels consistent with the purposes of the environ4 mental quality incentives program to—

5 ‘‘(A) any producer that is eligible for as6 sistance under this chapter; or

7 ‘‘(B) any producer that is engaged in the

8 production of an agricultural commodity.

9 ‘‘(b) APPLICATION AND TERM.—A contract between

10 a producer and the Secretary under this chapter may—

11 ‘‘(1) apply to 1 or more structural practices,

12 land management practices, and comprehensive nu13 trient management planning practices;

14 ‘‘(2) have a term of not less than 3, nor more

15 than 10, years, as determined appropriate by the

16 Secretary, depending on the practice or practices

17 that are the basis of the contract; and

18 ‘‘(3) in the case of a structural practice or com19 prehensive nutrient management planning practice,

20 have a term of less than 3 years if the Secretary de21 termines that a lesser term is consistent with the

22 purposes of the program under this chapter.

23 ‘‘(c) APPLICATION AND EVALUATION.—

24 ‘‘(1) IN GENERAL.—The Secretary shall estab25 lish an application and evaluation process for award-
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1 ing technical assistance, cost-share payments, and

2 incentive payments to a producer in exchange for the

3 performance of 1 or more practices that maximizes

4 environmental benefits per dollar expended.

5 ‘‘(2) COMPARABLE ENVIRONMENTAL VALUE.—

6 ‘‘(A) IN GENERAL.—The Secretary shall

7 establish a process for selecting applications for

8 technical assistance, cost-share payments, and

9 incentive payments when there are numerous

10 applications for assistance for practices that

11 would provide substantially the same level of

12 environmental benefits.

13 ‘‘(B) CRITERIA.—The process under sub14 paragraph (A) shall be based on—

15 ‘‘(i) a reasonable estimate of the pro16 jected cost of the proposals described in

17 the applications; and

18 ‘‘(ii) the priorities established under

19 this subtitle and other factors that maxi20 mize environmental benefits per dollar ex21 pended.

22 ‘‘(3) CONSENT OF OWNER.—If the producer

23 making an offer to implement a structural practice

24 is a tenant of the land involved in agricultural pro25 duction, for the offer to be acceptable, the producer
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1 shall obtain the consent of the owner of the land

2 with respect to the offer.

3 ‘‘(4) BIDDING DOWN.—If the Secretary deter4 mines that the environmental values of 2 or more

5 applications for technical assistance, cost-share pay6 ments, or incentive payments are comparable, the

7 Secretary shall not assign a higher priority to the

8 application only because it would present the least

9 cost to the program established under this chapter.

10 ‘‘(d) COST-SHARE PAYMENTS.—

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), the Federal share of cost-share payments

13 to a producer proposing to implement 1 or more

14 practices shall be not more than 75 percent of the

15 projected cost of the practice, as determined by the

16 Secretary.

17 ‘‘(2) EXCEPTIONS.—

18 ‘‘(A) LIMITED RESOURCE AND BEGINNING

19 FARMERS; NATURAL DISASTERS.—The Sec20 retary may increase the maximum Federal

21 share under paragraph (1) to not more than 90

22 percent if the producer is a limited resource

23 farmer or a beginning farmer or to address a

24 natural disaster, as determined by the Sec25 retary.
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1 ‘‘(B) COST-SHARE ASSISTANCE FROM

2 OTHER SOURCES.—Any cost-share payments re3 ceived by a producer from a State or private or4 ganization or person for the implementation of

5 1 or more practices shall be in addition to the

6 Federal share of cost-share payments provided

7 to the producer under paragraph (1).

8 ‘‘(3) OTHER PAYMENTS.—A producer shall not

9 be eligible for cost-share payments for practices on

10 eligible land under this chapter if the producer re11 ceives cost-share payments or other benefits for the

12 same practice on the same land under chapter 1 and

13 this chapter.

14 ‘‘(e) INCENTIVE PAYMENTS.—The Secretary shall

15 make incentive payments in an amount and at a rate de16 termined by the Secretary to be necessary to encourage

17 a producer to perform 1 or more practices.

18 ‘‘(f) TECHNICAL ASSISTANCE.—

19 ‘‘(1) IN GENERAL.—The Secretary shall allo20 cate funding under this chapter for the provision of

21 technical assistance according to the purpose and

22 projected cost for which the technical assistance is

23 provided for a fiscal year.

24 ‘‘(2) AMOUNT.—The allocated amount may

25 vary according to—
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1 ‘‘(A) the type of expertise required;

2 ‘‘(B) the quantity of time involved; and

3 ‘‘(C) other factors as determined appro4 priate by the Secretary.

5 ‘‘(3) LIMITATION.—Funding for technical as6 sistance under this chapter shall not exceed the pro7 jected cost to the Secretary of the technical assist8 ance provided for a fiscal year.

9 ‘‘(4) OTHER AUTHORITIES.—The receipt of

10 technical assistance under this chapter shall not af11 fect the eligibility of the producer to receive tech12 nical assistance under other authorities of law avail13 able to the Secretary.

14 ‘‘(5) NON-FEDERAL ASSISTANCE.—

15 ‘‘(A) IN GENERAL.—The Secretary may re16 quest the services of, and enter into a coopera17 tive agreement with, a State water quality

18 agency, State fish and wildlife agency, State

19 forestry agency, or any other governmental or

20 nongovernmental organization or person consid21 ered appropriate to assist in providing the tech22 nical assistance necessary to develop and imple23 ment conservation plans under the program.

24 ‘‘(B) PRIVATE SOURCES.—
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1 ‘‘(i) IN GENERAL.—The Secretary

2 shall ensure that the processes of writing

3 and developing proposals and plans for

4 contracts under this chapter, and of assist5 ing in the implementation of practices cov6 ered by the contracts, are open to private

7 persons, including—

8 ‘‘(I) agricultural producers;

9 ‘‘(II) representatives from agri10 cultural cooperatives;

11 ‘‘(III) agricultural input retail

12 dealers;

13 ‘‘(IV) certified crop advisers;

14 ‘‘(V) persons providing technical

15 consulting services; and

16 ‘‘(VI) other persons, as deter17 mined appropriate by the Secretary.

18 ‘‘(ii) OTHER CONSERVATION PRO19 GRAMS.—The requirements of this sub20 paragraph shall also apply to each other

21 conservation program of the Department

22 of Agriculture.

23 ‘‘(6) INCENTIVE PAYMENTS FOR TECHNICAL AS24 SISTANCE.—
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1 ‘‘(A) IN GENERAL.—A producer that is eli2 gible to receive technical assistance for a prac3 tice involving the development of a comprehen4 sive nutrient management plan may obtain an

5 incentive payment that can be used to obtain

6 technical assistance associated with the develop7 ment of any component of the comprehensive

8 nutrient management plan.

9 ‘‘(B) PURPOSE.—The purpose of the pay10 ment shall be to provide a producer the option

11 of obtaining technical assistance for developing

12 any component of a comprehensive nutrient

13 management plan from a private person earlier

14 than the producer would otherwise receive the

15 technical assistance from the Secretary.

16 ‘‘(C) PAYMENT.—The incentive payment

17 shall be—

18 ‘‘(i) in addition to cost-share or incen19 tive payments that a producer would other20 wise receive for structural practices and

21 land management practices;

22 ‘‘(ii) used only to procure technical as23 sistance from a private person that is nec24 essary to develop any component of a com25 prehensive nutrient management plan; and
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1 ‘‘(iii) in an amount determined appro2 priate by the Secretary, taking into

3 account—

4 ‘‘(I) the extent and complexity of

5 the technical assistance provided;

6 ‘‘(II) the costs that the Secretary

7 would have incurred in providing the

8 technical assistance; and

9 ‘‘(III) the costs incurred by the

10 private provider in providing the tech11 nical assistance.

12 ‘‘(D) ELIGIBLE PRACTICES.—The Sec13 retary may determine, on a case by case basis,

14 whether the development of a comprehensive

15 nutrient management plan is eligible for an in16 centive payment under this paragraph.

17 ‘‘(E) CERTIFICATION BY SECRETARY.—

18 ‘‘(i) IN GENERAL.—Only private per19 sons that have been certified by the Sec20 retary under section 16 of the Soil Con21 servation and Domestic Allotment Act

22 shall be eligible to provide technical assist23 ance under this subsection.

24 ‘‘(ii) QUALITY ASSURANCE.—The Sec25 retary shall ensure that certified private
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1 providers are capable of providing technical

2 assistance regarding comprehensive nutri3 ent management in a manner that meets

4 the specifications and guidelines of the

5 Secretary and that meets the needs of pro6 ducers under the environmental quality in7 centives program.

8 ‘‘(F) ADVANCE PAYMENT.—On the deter9 mination of the Secretary that the proposed

10 comprehensive nutrient management of a pro11 ducer is eligible for an incentive payment, the

12 producer may receive a partial advance of the

13 incentive payment in order to procure the serv14 ices of a certified private provider.

15 ‘‘(G) FINAL PAYMENT.—The final install16 ment of the incentive payment shall be payable

17 to a producer on presentation to the Secretary

18 of documentation that is satisfactory to the

19 Secretary and that demonstrates—

20 ‘‘(i) completion of the technical assist21 ance; and

22 ‘‘(ii) the actual cost of the technical

23 assistance.

24 ‘‘(g) PARTNERSHIPS AND COOPERATION.—
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1 ‘‘(1) PURPOSES.—The Secretary may designate

2 special projects, as recommended by the State Con3 servationist, with advice from the State technical

4 committee, to enhance technical and financial assist5 ance provided to several producers within a specific

6 area to address environmental issues affected by ag7 ricultural production with respect to—

8 ‘‘(A) meeting the purposes and require9 ments of—

10 ‘‘(i) the Federal Water Pollution Con11 trol Act (33 U.S.C. 1251 et seq.) or com12 parable State laws in impaired or threat13 ened watersheds;

14 ‘‘(ii) the Safe Drinking Water Act (42

15 U.S.C. 300f et seq.) or comparable State

16 laws in watersheds providing water for

17 drinking water supplies; or

18 ‘‘(iii) the Clean Air Act (42 U.S.C.

19 7401 et seq.) or comparable State laws; or

20 ‘‘(B) watersheds of special significance or

21 other geographic areas of environmental sensi22 tivity; or

23 ‘‘(C) enhancing the technical capacity of

24 producers to facilitate community-based plan25 ning, implementation of special projects, and
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1 conservation education involving multiple pro2 ducers within an area.

3 ‘‘(2) INCENTIVES.—To realize the objectives of

4 the special projects under paragraph (1), the Sec5 retary shall provide incentives to producers partici6 pating in the special projects to encourage partner7 ships and sharing of technical and financial re8 sources among producers and among producers and

9 governmental and nongovernmental organizations.

10 ‘‘(3) FUNDING.—

11 ‘‘(A) IN GENERAL.—The Secretary shall

12 make available 5 percent of funds provided for

13 each fiscal year under this chapter to carry out

14 this subsection.

15 ‘‘(B) SPECIAL PROJECTS.—The purposes

16 of the special projects under this subsection

17 shall be to encourage—

18 ‘‘(i) producers to cooperate in the in19 stallation and maintenance of conservation

20 systems that affect multiple agricultural

21 operations;

22 ‘‘(ii) sharing of information and tech23 nical and financial resources; and

24 ‘‘(iii) cumulative environmental bene25 fits across operations of producers.
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1 ‘‘(4) FLEXIBILITY.—

2 ‘‘(A) IN GENERAL.—The Secretary may

3 enter into agreements with States, local govern4 mental and nongovernmental organizations, and

5 persons to allow greater flexibility to adjust the

6 application of eligibility criteria, approved prac7 tices, innovative conservation practices, and

8 other elements of the programs described in

9 subparagraph (B) to better reflect unique local

10 circumstances and goals in a manner that is

11 consistent with the purposes of this chapter.

12 ‘‘(B) APPLICABLE PROGRAMS.—Subpara13 graph (A) shall apply to—

14 ‘‘(i) the environmental quality incen15 tives program established by this chapter;

16 ‘‘(ii) the program to establish con17 servation buffers announced on March 24,

18 1998 (63 Fed. Reg. 14109) or a successor

19 program;

20 ‘‘(iii) the conservation reserve en21 hancement program announced on May 27,

22 1998 (63 Fed. Reg. 28965) or a successor

23 program; and

24 ‘‘(iv) the wetlands reserve program es25 tablished under subchapter C of chapter 1.
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1 ‘‘(5) UNUSED FUNDING.—Any funds made

2 available for a fiscal year under this subsection that

3 are not obligated by June 1 of the fiscal year may

4 be used to carry out other activities under this chap5 ter during the fiscal year in which the funding be6 comes available.

7 ‘‘(h) MODIFICATION OR TERMINATION OF CON8 TRACTS.—

9 ‘‘(1) VOLUNTARY MODIFICATION OR TERMI10 NATION.—The Secretary may modify or terminate a

11 contract entered into with a producer under this

12 chapter if—

13 ‘‘(A) the producer agrees to the modifica14 tion or termination; and

15 ‘‘(B) the Secretary determines that the

16 modification or termination is in the public in17 terest.

18 ‘‘(2) INVOLUNTARY TERMINATION.—The Sec19 retary may terminate a contract under this chapter

20 if the Secretary determines that the producer vio21 lated the contract.

22 ‘‘SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS.

23 ‘‘In evaluating applications for technical assistance,

24 cost-share payments, and incentive payments, the Sec-
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1 retary shall accord a higher priority to assistance and pay2 ments that—

3 ‘‘(1) maximize environmental benefits per dollar

4 expended; and

5 ‘‘(2)(A) address national conservation priorities

6 involving—

7 ‘‘(i) comprehensive nutrient management;

8 ‘‘(ii) water quality, particularly in impaired

9 watersheds;

10 ‘‘(iii) soil erosion; or

11 ‘‘(iv) air quality;

12 ‘‘(B) are provided in conservation priority areas

13 established under section 1230(c); or

14 ‘‘(C) are provided in special projects under sec15 tion 1240B(g) with respect to which State or local

16 governments have provided, or will provide, financial

17 or technical assistance to producers for the same

18 conservation or environmental purposes.

19 ‘‘SEC. 1240D. DUTIES OF PRODUCERS.

20 ‘‘To receive technical assistance, cost-share pay21 ments, or incentive payments under this chapter, a pro22 ducer shall agree—

23 ‘‘(1) to implement an environmental quality in24 centives program plan that describes conservation
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1 and environmental goals to be achieved through 1 or

2 more practices that are approved by the Secretary;

3 ‘‘(2) not to conduct any practices on the farm

4 or ranch that would tend to defeat the purposes of

5 this chapter;

6 ‘‘(3) on the violation of a term or condition of

7 the contract at any time the producer has control of

8 the land, to refund any cost-share or incentive pay9 ment received with interest, and forfeit any future

10 payments under this chapter, as determined by the

11 Secretary;

12 ‘‘(4) on the transfer of the right and interest of

13 the producer in land subject to the contract, unless

14 the transferee of the right and interest agrees with

15 the Secretary to assume all obligations of the con16 tract, to refund all cost-share payments and incen17 tive payments received under this chapter, as deter18 mined by the Secretary;

19 ‘‘(5) to supply information as required by the

20 Secretary to determine compliance with the environ21 mental quality incentives program plan and require22 ments of the program; and

23 ‘‘(6) to comply with such additional provisions

24 as the Secretary determines are necessary to carry
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1 out the environmental quality incentives program

2 plan.

3 ‘‘SEC. 1240E. ENVIRONMENTAL QUALITY INCENTIVES PRO4 GRAM PLAN.

5 ‘‘(a) IN GENERAL.—To be eligible to receive technical

6 assistance, cost-share payments, or incentive payments

7 under the environmental quality incentives program, an

8 owner or producer of a livestock or agricultural operation

9 must submit to the Secretary for approval a plan of oper10 ations that incorporates practices covered under this chap11 ter, and is based on such principles, as the Secretary con12 siders necessary to carry out the program, including a de13 scription of the practices to be implemented and the objec14 tives to be met by the implementation of the plan.

15 ‘‘(b) AVOIDANCE OF DUPLICATION.—The Secretary

16 shall, to the maximum extent practicable, eliminate dupli17 cation of planning activities under the environmental qual18 ity incentives program and comparable conservation pro19 grams.

20 ‘‘SEC. 1240F. DUTIES OF THE SECRETARY.

21 ‘‘To the extent appropriate, the Secretary shall assist

22 a producer in achieving the conservation and environ23 mental goals of an environmental quality incentives pro24 gram plan by—
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1 ‘‘(1) providing technical assistance in devel2 oping and implementing the plan;

3 ‘‘(2) providing technical assistance, cost-share

4 payments, or incentive payments for developing and

5 implementing 1 or more practices, as appropriate;

6 ‘‘(3) providing the producer with information,

7 education, and training to aid in implementation of

8 the plan; and

9 ‘‘(4) encouraging the producer to obtain tech10 nical assistance, cost-share payments, or grants from

11 other Federal, State, local, or private sources.

12 ‘‘SEC. 1240G. LIMITATION ON PAYMENTS.

13 ‘‘(a) IN GENERAL.—Subject to subsection (b), the

14 total amount of cost-share and incentive payments paid

15 to a producer under this chapter may not exceed—

16 ‘‘(1) $50,000 for any fiscal year; or

17 ‘‘(2) $150,000 for any multiyear contract.

18 ‘‘(b) ADJUSTMENTS.—The Secretary may modify the

19 payment limitations for producers under subsection (a),

20 on a case-by-case basis, if the Secretary determines that

21 a different limitation—

22 ‘‘(1) is warranted in light of 1 or more prac23 tices for which the payment is made; and
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1 ‘‘(2) maximizes environmental benefits per dol2 lar expended and is consistent with the purposes of

3 this chapter.

4 ‘‘SEC. 1240H. CONSERVATION INNOVATION GRANTS.

5 ‘‘(a) IN GENERAL.—From funds made available to

6 carry out this chapter, the Secretary shall use

7 $100,000,000 for each fiscal year to pay the Federal share

8 of competitive grants that are intended to stimulate inno9 vative approaches to leveraging Federal investment in en10 vironmental enhancement and protection, in conjunction

11 with agricultural production, through the environmental

12 quality incentives program.

13 ‘‘(b) USE.—The Secretary shall award grants under

14 this section to governmental and nongovernmental organi15 zations and persons, on a competitive basis, to carry out

16 projects that—

17 ‘‘(1) involve producers that are eligible for pay18 ments or technical assistance under this chapter;

19 ‘‘(2) implement innovative projects, such as—

20 ‘‘(A) market-based pollution credit trading;

21 and

22 ‘‘(B) provision of funds to promote adop23 tion of best management practices; and

24 ‘‘(3) leverage funds made available to carry out

25 this chapter with matching funds provided by State
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1 and local governments and private organizations to

2 promote environmental enhancement and protection

3 in conjunction with agricultural production.

4 ‘‘(c) FEDERAL SHARE.—The Federal share of a

5 grant made to carry out a project under this section shall

6 not exceed 50 percent of the cost of the project.

7 ‘‘(d) UNUSED FUNDING.—Any funds made available

8 for a fiscal year under this section that are not obligated

9 by June 1 of the fiscal year may be used to carry out

10 other activities under this chapter during the fiscal year

11 in which the funding becomes available.’’.

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

13 Act of 1985 (16 U.S.C. 3841(b)) is amended—

14 (1) in paragraph (1), by striking

15 ‘‘$130,000,000’’ and all that follows through

16 ‘‘2002,’’ and inserting ‘‘$650,000,000 for fiscal year

17 2003, $1,000,000,000 for fiscal year 2004, and

18 $1,500,000,000 for each of fiscal years 2005

19 through 2011,’’; and

20 (2) by striking paragraph (2) and inserting the

21 following:

22 ‘‘(2) OBLIGATION OF FUNDS.—If a contract

23 under the environmental quality incentives program

24 is terminated prior to the date set out for the expi25 ration for the contract and funds obligated for the
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1 contract are remaining, the remaining funds may be

2 used to carry out any other contract under the pro3 gram during the same fiscal year in which the origi4 nal contract was terminated.’’.

5 (c) COOPERATION WITH OTHER GOVERNMENT

6 AGENCIES.—Section 11 of the Commodity Credit Cor7 poration Charter Act (15 U.S.C. 714i) is amended in the

8 last sentence by inserting ‘‘but excluding transfers and al9 lotments for conservation technical assistance’’ after ‘‘ac10 tivities’’.

11 SEC. 102. CONSERVATION RESERVE PROGRAM.

12 (a) EXTENSION OF PROGRAM.—

13 (1) IN GENERAL.—Section 1231 of the Food

14 Security Act of 1985 (16 U.S.C. 3831) is

15 amended—

16 (A) in subsections (a), (b)(3), and (d), by

17 striking ‘‘2002’’ each place it appears and in18 serting ‘‘2011’’; and

19 (B) in subsection (h)(1), by striking ‘‘the

20 2001 and 2002’’ and inserting ‘‘each of the

21 2001 through 2011’’.

22 (2) DUTIES OF OWNERS AND OPERATORS.—

23 Section 1232(c) of the Food Security Act of 1985

24 (16 U.S.C. 3832(c)) is amended by striking ‘‘2002’’

25 and inserting ‘‘2011’’.
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•S 1326 IS

1 (b) CONSERVATION BUFFERS AND CONSERVATION

2 RESERVE ENHANCEMENT PROGRAM.—Section 1231(d) of

3 the Food Security Act of 1985 (16 U.S.C. 3831(d)) is

4 amended—

5 (1) by striking ‘‘2002’’ and inserting ‘‘2011’’;

6 and

7 (2) by inserting before the period at the end the

8 following: ‘‘, of which not less than 4,000,000 acres

9 shall be enrolled—

10 ‘‘(1) to establish conservation buffers as part of

11 the program announced on March 24, 1998 (63

12 Fed. Reg. 14109) or a successor program; and

13 ‘‘(2) through the conservation reserve enhance14 ment program announced on May 27, 1998 (63 Fed.

15 Reg. 28965) or a successor program.’’.

16 (c) HARDWOOD TREES.—Section 1231(e)(2) of the

17 Food Security Act of 1985 (16 U.S.C. 3831(e)(2)) is

18 amended—

19 (1) by striking ‘‘In the’’ and inserting the fol20 lowing:

21 ‘‘(A) IN GENERAL.—In the’’;

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

23 the following:

24 ‘‘(B) EXISTING HARDWOOD TREE CON25 TRACTS.—The Secretary’’; and
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•S 1326 IS

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

2 ‘‘(C) EXTENSION OF HARDWOOD TREE

3 CONTRACTS.—

4 ‘‘(i) IN GENERAL.—In the case of

5 land devoted to hardwood trees under a

6 contract entered into under this subchapter

7 before the date of enactment of this sub8 paragraph, on the request of the owner or

9 operator of the land, the Secretary shall

10 extend the contract for a term of 15 years.

11 ‘‘(ii) RENTAL PAYMENTS.—The

12 amount of a rental payment for a contract

13 extended under clause (i) shall be 50 per14 cent of the rental payment that was appli15 cable to the contract before the contract

16 was extended.’’.

17 (d) HAYING AND GRAZING ON BUFFER STRIPS.—

18 Section 1232(a)(7) of the Food Security Act of 1985 (16

19 U.S.C. 3832(a)(7)) is amended—

20 (1) by striking ‘‘except that the Secretary—’’

21 and inserting ‘‘except that—’’;

22 (2) in subparagraph (A)—

23 (A) by striking ‘‘(A) may’’ and inserting

24 ‘‘(A) the Secretary may’’; and

25 (B) by striking ‘‘and’’ at the end;
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•S 1326 IS

1 (3) in subparagraph (B)—

2 (A) by striking ‘‘(B) shall’’ and inserting

3 ‘‘(B) the Secretary shall’’; and

4 (B) by striking the period at the end and

5 inserting a semicolon;

6 (4) in subparagraph (C), by striking the period

7 at the end and inserting ‘‘; and’’; and

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

9 ‘‘(D) for maintenance purposes, the Sec10 retary shall permit harvesting or grazing or

11 other commercial uses of forage, in a manner

12 that is consistent with the purposes of this sub13 chapter and a conservation plan approved by

14 the Secretary, on acres enrolled—

15 ‘‘(i) to establish conservation buffers

16 as part of the program announced on

17 March 24, 1998 (63 Fed. Reg. 14109) or

18 a successor program; and

19 ‘‘(ii) into the conservation reserve en20 hancement program announced on May 27,

21 1998 (63 Fed. Reg. 28965) or a successor

22 program.’’.

23 (e) FUNDING.—Section 1241(a) of the Food Security

24 Act of 1985 (16 U.S.C. 3841(a)) is amended—
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•S 1326 IS

1 (1) by striking ‘‘1996 through 2002’’ and in2 serting ‘‘2003 through 2011’’; and

3 (2) in paragraph (1), by inserting ‘‘, including

4 technical assistance’’ before the semicolon at the

5 end.

6 SEC. 103. WETLANDS RESERVE PROGRAM.

7 (a) MAXIMUM ENROLLMENT.—Section 1237(b)(1) of

8 the Food Security Act of 1985 (16 U.S.C. 3837(b)(1))

9 is amended by striking ‘‘975,000 acres’’ and inserting

10 ‘‘3,475,000 acres’’.

11 (b) EXTENSION OF PROGRAM.—Section 1237(c) of

12 the Food Security Act of 1985 (16 U.S.C. 3837(c)) is

13 amended by striking ‘‘2002’’ and inserting ‘‘2011’’.

14 (c) WETLANDS RESERVE ENHANCEMENT PRO15 GRAM.—Section 1237 of the Food Security Act of 1985

16 (16 U.S.C. 3837) is amended by adding at the end the

17 following:

18 ‘‘(h) WETLANDS RESERVE ENHANCEMENT PRO19 GRAM.—

20 ‘‘(1) IN GENERAL.—The Secretary may enter

21 into cooperative agreements with State or local gov22 ernments, and with private organizations, to develop,

23 on land that is enrolled, or is eligible to be enrolled,

24 in the wetland reserve established under this sub-
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•S 1326 IS

1 chapter, wetland restoration activities in watershed

2 areas.

3 ‘‘(2) PURPOSE.—The purpose of the agree4 ments shall be to address critical environmental

5 issues, including hypoxia, eutrophication, wildlife

6 habitat, flooding, and groundwater recharge.

7 ‘‘(3) LIMITATION.—The total number of acres

8 that may be covered by agreements entered into

9 under this subsection shall not exceed 50,000 acres

10 for each calendar year.’’.

11 (d) MONITORING AND MAINTENANCE.—Section

12 1237C(a)(2) of the Food Security Act of 1985 (16 U.S.C.

13 3837c(a)(2)) is amended by striking ‘‘assistance’’ and in14 serting ‘‘assistance (including monitoring and mainte15 nance)’’.

16 (e) TECHNICAL ASSISTANCE.—Section 1241(a)(2) of

17 the Food Security Act of 1985 (16 U.S.C. 3841(a)(2)) is

18 amended by inserting ‘‘, including technical assistance’’

19 before the semicolon at the end.

20 SEC. 104. FARMLAND PROTECTION PROGRAM.

21 Section 388 of the Federal Agriculture Improvement

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

23 Law 104–127) is amended to read as follows:
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•S 1326 IS

1 ‘‘SEC. 388. FARMLAND PROTECTION PROGRAM.

2 ‘‘(a) DEFINITION OF AGRICULTURAL LAND.—In this

3 section, the term ‘agricultural land’ means land on a farm

4 or ranch that is—

5 ‘‘(1) cropland;

6 ‘‘(2) rangeland or grassland;

7 ‘‘(3) pastureland; or

8 ‘‘(4) private forest land.

9 ‘‘(b) ESTABLISHMENT.—The Secretary of Agri10 culture shall establish and carry out a farmland protection

11 program under which the Secretary shall purchase con12 servation easements or other interests in agricultural land

13 with prime, unique, or other productive soil that is subject

14 to a pending offer for the purpose of protecting topsoil

15 by limiting nonagricultural uses of the land from—

16 ‘‘(1) any agency of any State or local govern17 ment, or federally recognized Indian tribe, including

18 farmland protection boards and land resource coun19 cils established under State law; and

20 ‘‘(2) any organization that—

21 ‘‘(A) is organized for, and at all times

22 since the formation of the organization has

23 been operated principally for, 1 or more of the

24 conservation purposes specified in clauses (i),

25 (ii), and (iii) of section 170(h)(4)(A) of the In26 ternal Revenue Code of 1986;
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•S 1326 IS

1 ‘‘(B) is an organization described in sec2 tion 501(c)(3) of that Code that is exempt from

3 taxation under section 501(a) of that Code;

4 ‘‘(C) is described in section 509(a)(2) of

5 that Code; or

6 ‘‘(D) is described in section 509(a)(3) of

7 that Code and is controlled by an organization

8 described in section 509(a)(2) of that Code.

9 ‘‘(c) CONSERVATION PLAN.—Any agricultural land

10 for which a conservation easement or other interest is pur11 chased under this section shall be subject to the require12 ments of a conservation plan that ensures that continued

13 agricultural use of the agricultural land—

14 ‘‘(1) will not degrade the environment; and

15 ‘‘(2) in the case of cropland, will require the

16 conversion of the agricultural land to less intensive

17 uses, at the option of the Secretary.

18 ‘‘(d) FUNDING.—Of the funds of the Commodity

19 Credit Corporation, the Secretary shall make available

20 $65,000,000 for each of fiscal years 2003 through 2011

21 for providing technical assistance and purchasing con22 servation easements under this section.’’.

23 SEC. 105. WILDLIFE HABITAT INCENTIVE PROGRAM.

24 Section 387(c) of the Federal Agriculture Improve25 ment and Reform Act of 1996 (16 U.S.C. 3836a(c)) is
36

•S 1326 IS

1 amended by striking ‘‘a total of $50,000,000 shall be

2 made available for fiscal years 1996 through 2002’’ and

3 inserting ‘‘the Secretary shall make available $50,000,000

4 for each of fiscal year 2003 through 2011’’.

5 TITLE II—MISCELLANEOUS

6 REFORMS AND EXTENSIONS

7 SEC. 201. PRIVACY OF PERSONAL INFORMATION RELATING

8 TO NATURAL RESOURCES CONSERVATION

9 PROGRAMS.

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

11 1985 (16 U.S.C. 3841 et seq.) is amended—

12 (1) by redesignating sections 1244 and 1245

13 (16 U.S.C. 3844, 3845) as sections 1245 and 1246,

14 respectively; and

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

16 3843) the following:

17 ‘‘SEC. 1244. PRIVACY OF PERSONAL INFORMATION RELAT18 ING TO NATURAL RESOURCES CONSERVA19 TION PROGRAMS.

20 ‘‘(a) INFORMATION RECEIVED FOR TECHNICAL AND

21 FINANCIAL ASSISTANCE.—Except as provided in sub22 section (c) and notwithstanding any other provision of law,

23 information provided to, or developed by, the Secretary

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

25 of providing technical or financial assistance to an owner
37

•S 1326 IS

1 or operator with respect to any natural resources con2 servation program administered by the Natural Resources

3 Conservation Service or the Farm Service Agency—

4 ‘‘(1) shall not be considered to be public infor5 mation; and

6 ‘‘(2) shall not be released to any person or Fed7 eral, State, local, or tribal agency outside the De8 partment of Agriculture.

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

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

11 notwithstanding any other provision of law, in order to

12 maintain the personal privacy, confidentiality, and co13 operation of owners and operators, and to maintain the

14 integrity of sample sites, the specific geographic locations

15 of the National Resources Inventory of the Department

16 of Agriculture data gathering sites and the information

17 generated by those sites—

18 ‘‘(1) shall not be considered to be public infor19 mation; and

20 ‘‘(2) shall not be released to any person or Fed21 eral, State, local, or tribal agency outside the De22 partment of Agriculture.

23 ‘‘(c) EXCEPTIONS.—

24 ‘‘(1) RELEASE AND DISCLOSURE FOR ENFORCE25 MENT.—The Secretary may release or disclose to the
38

•S 1326 IS

1 Attorney General information covered by subsection

2 (a) or (b) to the extent necessary to enforce the nat3 ural resources conservation programs referred to in

4 subsection (a).

5 ‘‘(2) DISCLOSURE TO COOPERATING PERSONS

6 AND AGENCIES.—

7 ‘‘(A) IN GENERAL.—The Secretary may re8 lease or disclose information covered by sub9 section (a) or (b) to a person or Federal, State,

10 local, or tribal agency working in cooperation

11 with the Secretary in providing technical and fi12 nancial assistance described in subsection (a) or

13 collecting information from National Resources

14 Inventory data gathering sites.

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

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

17 receives information described in subparagraph

18 (A) may release the information only for the

19 purpose of assisting the Secretary—

20 ‘‘(i) in providing the requested tech21 nical or financial assistance; or

22 ‘‘(ii) in collecting information from

23 National Resources Inventory data gath24 ering sites.
39

•S 1326 IS

1 ‘‘(3) STATISTICAL AND AGGREGATE INFORMA2 TION.—Information covered by subsection (b) may

3 be disclosed to the public if the information has been

4 transformed into a statistical or aggregate form that

5 does not allow the identification of any individual

6 owner, operator, or specific data gathering site.

7 ‘‘(4) CONSENT OF OWNER OR OPERATOR.—

8 ‘‘(A) IN GENERAL.—An owner or operator

9 may consent to the disclosure of information

10 described in subsection (a) or (b).

11 ‘‘(B) CONDITION OF OTHER PROGRAMS.—

12 The participation of the owner or operator in,

13 and the receipt of any benefit by the owner or

14 operator under, this title or any other program

15 administered by the Secretary may not be con16 ditioned on the owner or operator providing

17 consent under this paragraph.

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

19 shall apply with respect to the release of information col20 lected in any manner or for any purpose prohibited by this

21 section.’’.

22 SEC. 202. REFORM AND CONSOLIDATION OF CONSERVA23 TION PROGRAMS.

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

25 develop a plan for—
40

•S 1326 IS

1 (1) consolidating conservation programs admin2 istered by the Secretary that are targeted at agricul3 tural land; and

4 (2) to the maximum extent practicable—

5 (A) designing forms that are applicable to

6 all such conservation programs;

7 (B) reducing and consolidating paperwork

8 requirements for such programs;

9 (C) developing universal classification sys10 tems for all information obtained on the forms

11 that can be used by other agencies of the De12 partment of Agriculture;

13 (D) ensuring that the information and

14 classification systems developed under this

15 paragraph can be shared with other agencies of

16 the Department through computer technologies

17 used by agencies; and

18 (E) developing 1 format for a conservation

19 plan that can be applied to all conservation pro20 grams targeted at agricultural land.

21 (b) REPORT.—Not later than 180 days after the date

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

23 the Committee on Agriculture of the House of Representa24 tives and the Committee on Agriculture, Nutrition, and

25 Forestry of the Senate a report that describes the plan
41

•S 1326 IS

1 developed under subsection (a), including any rec2 ommendations for implementation of the plan.

3 (c) NATIONAL CONSERVATION PLAN.—Not later

4 than 180 days after the date of enactment of this Act,

5 the Secretary shall submit to the Committee on Agri6 culture of the House of Representatives and the Com7 mittee on Agriculture, Nutrition, and Forestry of the Sen8 ate a plan and estimated budget for implementing the ap9 praisal of the soil, water, and related resources of the Na10 tion contained in the National Conservation Program

11 under section 5 of the Soil and Water Resources Conserva12 tion Act of 1977 (16 U.S.C. 2004) as the primary vehicle

13 for managing conservation on agricultural land in the

14 United States.

15 SEC. 203. CERTIFICATION OF PRIVATE PROVIDERS OF

16 TECHNICAL ASSISTANCE.

17 The Soil Conservation and Domestic Allotment Act

18 is amended by inserting after section 15 (16 U.S.C. 590o)

19 the following:

20 ‘‘SEC. 16. CERTIFICATION OF PRIVATE PROVIDERS OF

21 TECHNICAL ASSISTANCE.

22 ‘‘(a) ESTABLISHMENT.—The Secretary of Agri23 culture shall establish procedures for certifying private

24 persons to provide technical assistance to agricultural pro-
42

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1 ducers and landowners participating in conservation pro2 grams administered by the Secretary.

3 ‘‘(b) STANDARDS.—The Secretary shall establish

4 standards for the conduct of—

5 ‘‘(1) the certification process conducted by the

6 Secretary; and

7 ‘‘(2) periodic recertification by the Secretary of

8 private providers.

9 ‘‘(c) CERTIFICATION REQUIRED.—A private provider

10 may not provide technical assistance under any conserva11 tion program administered by the Secretary without cer12 tification approved by the Secretary.

13 ‘‘(d) FEE.—In exchange for certification, a private

14 provider shall pay a fee to the Secretary in an amount

15 determined by the Secretary.

16 ‘‘(e) PROVIDER.—Except as provided in section

17 1240B(f)(6) of the Food Security Act of 1985 (7 U.S.C.

18 3839aa–(f)(6)), the Secretary shall determine under what

19 individual cases and conservation programs technical as20 sistance may be delivered by private providers or by the

21 Secretary.

22 ‘‘(f) OTHER REQUIREMENTS.—The Secretary may

23 establish other requirements as the Secretary determines

24 are necessary to carry out this section.’’.
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1 SEC. 204. EXTENSION OF CONSERVATION AUTHORITIES.

2 (a) ECARP AUTHORITY.—Section 1230(a)(1) of the

3 Food Security Act of 1985 (16 U.S.C. 3830(a)(1)) is

4 amended by striking ‘‘2002’’ and inserting ‘‘2011’’.

5 (b) CONSERVATION FARM OPTION.—Section

6 1240M(h)(6) of the Food Security Act of 1985 (16 U.S.C.

7 3839bb(h)(6)) is amended by striking ‘‘fiscal year 2002’’

8 and inserting ‘‘each of fiscal years 2002 through 2011’’.

9 (c) FLOOD RISK REDUCTION.—Section 385(a) of the

10 Federal Agriculture Improvement and Reform Act of 1996

11 (7 U.S.C. 7334(a)) is amended by striking ‘‘2002’’ and

12 inserting ‘‘2011’’.

13 (d) RESOURCE CONSERVATION AND DEVELOPMENT

14 PROGRAM.—Section 1538 of the Agriculture and Food

15 Act of 1981 (16 U.S.C. 3461) is amended in the first sen16 tence by striking ‘‘2002’’ and inserting ‘‘2011’’.

17 (e) FORESTRY.—

18 (1) OFFICE OF INTERNATIONAL FORESTRY.—

19 Section 2405(d) of the Food, Agriculture, Conserva20 tion, and Trade Act of 1990 (7 U.S.C. 6704(d)) is

21 amended by striking ‘‘2002’’ and inserting ‘‘2011’’.

22 (2) FORESTRY INCENTIVES PROGRAM.—Section

23 4(j) of the Cooperative Forestry Assistance Act of

24 1978 (16 U.S.C. 2103(j)) is amended by striking

25 ‘‘2002’’ and inserting ‘‘2011’’.
44

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1 SEC. 205. TECHNICAL AMENDMENTS.

2 (a) DELINEATION OF WETLANDS; EXEMPTIONS TO

3 PROGRAM INELIGIBILITY.—

4 (1) REFERENCES TO PRODUCER.—Section

5 322(e) of the Federal Agriculture Improvement and

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

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

8 appears’’ before ‘‘and inserting’’.

9 (2) GOOD FAITH EXEMPTION.—Section

10 1222(h)(2) of the Food Security Act of 1985 (16

11 U.S.C. 3822(h)(2)) is amended by striking ‘‘to ac12 tively’’ and inserting ‘‘to be actively’’.

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

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

15 amended by striking ‘‘National’’ and inserting ‘‘Nat16 ural’’.

17 (b) WILDLIFE HABITAT INCENTIVE PROGRAM.—Sec18 tion 387 of the Federal Agriculture Improvement and Re19 form Act of 1996 (16 U.S.C. 3836a) is amended in the

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

21 ‘‘INCENTIVE’’.

22 SEC. 206. EFFECT OF AMENDMENTS.

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

24 provided in this Act and notwithstanding any other provi25 sion of law, this Act and the amendments made by this

26 Act shall not affect the authority of the Secretary of Agri-
45

•S 1326 IS

1 culture to carry out a conservation program for any of

2 the 1996 through 2002 fiscal or calendar years under a

3 provision of law in effect immediately before the date of

4 enactment of this Act.

5 (b) LIABILITY.—A provision of this Act or an amend6 ment made by this Act shall not affect the liability of any

7 person under any provision of law as in effect immediately

8 before the date of enactment of this Act.

Æ