II 

113TH CONGRESS 

1ST SESSION S. 923 

To modernize the conservation title of the Food Security Act of 1985, protect 

long-term taxpayer investment, increase small and midsize farmer’s access to programs, and prioritize modern-day conservation needs through 

management practices, local engagement, and stewardship. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2013 

Mr. UDALL of New Mexico introduced the following bill; which was read twice 

and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To modernize the conservation title of the Food Security 

Act of 1985, protect long-term taxpayer investment, increase small and midsize farmer’s access to programs, 

and prioritize modern-day conservation needs through 

management practices, local engagement, and stewardship. 

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

3 SECTION 101. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Balancing Food, Farm, and the Environment Act of 

6 2013’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 923 IS

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

2 this Act is as follows: 

Sec. 101. Short title; table of contents. 

TITLE I—CONSERVATION 

Subtitle A—Definitions 

Sec. 1001. Definitions. 

Subtitle B—Highly Erodible Land Conservation 

Sec. 1101. Program ineligibility. 

Sec. 1102. Exemptions. 

Sec. 1103. Development and implementation of highly erodible land conservation plans and highly erodible land conservation systems. 

Sec. 1104. Notice and investigation of possible compliance deficiencies. 

Sec. 1105. Enforcement; funding for technical assistance. 

Subtitle C—Wetland Conservation 

Sec. 1201. Program ineligibility. 

Sec. 1202. Delineation of wetlands; exemptions. 

Subtitle D—Conservation Reserve 

Sec. 1301. Conservation reserve. 

Sec. 1302. Contracts. 

Sec. 1303. Conservation reserve easement program. 

Subtitle E—Conservation Stewardship Program 

Sec. 1401. Definitions. 

Sec. 1402. Conservation Stewardship Program. 

Sec. 1403. Stewardship contracts. 

Sec. 1404. Duties of the Secretary. 

Subtitle F—Environmental Quality Incentives Program 

Sec. 1501. Purposes. 

Sec. 1502. Definitions. 

Sec. 1503. Establishment and administration. 

Sec. 1504. Evaluation of Applications. 

Sec. 1505. Environmental quality incentives program plan. 

Sec. 1506. Duties of the Secretary. 

Sec. 1507. Limitation on payments. 

Subtitle G—Conservation Innovation Grant Program 

Sec. 1601. Conservation innovation grant program. 

Subtitle H—Funding and Administration 

Sec. 1701. Commodity Credit Corporation. 

Sec. 1702. Conservation loan and loan guarantee program. 

Subtitle I—Agricultural Conservation Easement Program 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 923 IS

Sec. 1801. Agricultural conservation easement program. 

Subtitle J—Regional Conservation Partnership Program 

Sec. 1901. Regional conservation partnership program. 

TITLE II—CROP INSURANCE AND DISASTER ASSISTANCE 

Sec. 2001. Ineligibility for Federal crop insurance, noninsured crop disaster assistance, and certain payments because of crop production on 

native sod. 

TITLE III—REPEALS AND TRANSITIONAL PROVISIONS; 

TECHNICAL AND CONFORMING AMENDMENTS; EFFECTIVE DATE 

Sec. 3001. Repeals and transitional provisions. 

Sec. 3002. Technical and conforming amendments. 

Sec. 3003. Effective date. 

1 TITLE I—CONSERVATION 

2 Subtitle A—Definitions 

3 SEC. 1001. DEFINITIONS. 

4 (a) CONSERVATION SYSTEM.—Section 1201(a)(4) of 

5 the Food Security Act of 1985 (16 U.S.C. 3801(a)(4)) is 

6 amended to read as follows: 

7 ‘‘(4) CONSERVATION SYSTEM.—The term ‘con8 servation system’ means a combination of conserva9 tion measures or practices that are based on local 

10 natural resource and environmental conditions and 

11 are designed to cost-effectively address one or more 

12 priority resource concerns.’’. 

13 (b) HIGHLY ERODIBLE LAND.—Section 

14 1201(a)(11)(A)(ii) of the Food Security Act of 1985 (16 

15 U.S.C. 3801(a)(11)(A)(ii)) is amended— 

16 (1) by striking ‘‘excessive’’ before ‘‘average an17 nual rate’’; 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•S 923 IS

1 (2) by striking ‘‘in relation to’’ and inserting 

2 ‘‘exceeding’’; and 

3 (3) by inserting ‘‘revised’’ before ‘‘universal soil 

4 loss’’. 

5 (c) COMPREHENSIVE CONSERVATION PLAN; CON6 SERVATION OUTCOME; HIGHLY ERODIBLE LAND CON7 SERVATION PLAN; HIGHLY ERODIBLE LAND CONSERVA8 TION SYSTEM; NUTRIENT-IMPACTED WATERSHED; PRI9 ORITY RESOURCE CONCERN.—Section 1201(a) of the 

10 Food Security Act of 1985 (16 U.S.C. 3801(a)) is amend11 ed by adding at the end the following new paragraphs: 

12 ‘‘(28) COMPREHENSIVE CONSERVATION

13 PLAN.—The term ‘comprehensive conservation plan’ 

14 means a document that, subject to the unique pur15 poses of each conservation program— 

16 ‘‘(A) identifies priority resource concerns 

17 that can be effectively addressed through con18 servation activities, practices, systems, and 

19 management measures on an agricultural oper20 ation; 

21 ‘‘(B) inventories natural resource and envi22 ronmental conditions related to priority re23 source concerns and establishes benchmark data 

24 and conservation objectives; 

mstockstill on DSK4VPTVN1PROD with BILLS

5 

•S 923 IS

1 ‘‘(C) determines the most cost-effective 

2 conservation activities, practices, systems, and 

3 management measures to be implemented, im4 proved or maintained to address the designated 

5 priority resource concerns; 

6 ‘‘(D) provides a schedule for planning, im7 plementing, improving, or maintaining the iden8 tified conservation activities, practices, systems, 

9 and management measures; and 

10 ‘‘(E) contains a description and schedule 

11 for on-farm activities to evaluate the extent to 

12 which the planned conservation activities, prac13 tices, systems, and management measures are 

14 effectively improving the condition of priority 

15 resource concerns. 

16 ‘‘(29) CONSERVATION OUTCOME.—The term 

17 ‘conservation outcome’ means a natural resource or 

18 environmental change that is that is correlated with 

19 conservation activities. 

20 ‘‘(30) HIGHLY ERODIBLE LAND CONSERVATION

21 PLAN.—The term ‘highly erodible land conservation 

22 plan’ means the document that— 

23 ‘‘(A) applies to highly erodible land; 

24 ‘‘(B) describes the highly erodible land 

25 conservation system applicable to the highly 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•S 923 IS

1 erodible land and describes the decisions of the 

2 person with respect to location, land use, tillage 

3 systems, and conservation treatment measures 

4 and schedule; and 

5 ‘‘(C) is approved by the local soil conserva6 tion district, in consultation with the local com7 mittees established under section 8(b)(5) of the 

8 Soil Conservation and Domestic Allotment Act 

9 (16 U.S.C. 590h(b)(5)) and the Secretary, or 

10 by the Secretary. 

11 ‘‘(31) HIGHLY ERODIBLE LAND CONSERVATION

12 SYSTEM.—The term ‘highly erodible land conserva13 tion system’ means a combination of 1 or more con14 servation measures or management practices that— 

15 ‘‘(A) are based on local resource condi16 tions, available conservation technology, and the 

17 standards and guidelines contained in the Nat18 ural Resources Conservation Service field office 

19 technical guides; 

20 ‘‘(B) are designed to achieve, in a cost ef21 fective and technically practicable manner, a 

22 substantial reduction in soil erosion or a sub23 stantial improvement in soil conditions on a 

24 field or group of fields containing highly erod25 ible land when compared to the level of erosion 

mstockstill on DSK4VPTVN1PROD with BILLS

7 

•S 923 IS

1 or soil conditions that existed before the appli2 cation of the conservation measures and man3 agement practices; 

4 ‘‘(C) at a minimum are designed to 

5 achieve, within five years of actively applying a 

6 highly erodible land conservation plan, a level of 

7 erosion not to exceed twice the soil loss toler8 ance level; and 

9 ‘‘(D) effectively treat all ephemeral gullies. 

10 ‘‘(32) NUTRIENT-IMPACTED WATERSHED.—The 

11 term ‘nutrient-impacted watershed’ means a water12 shed, including its surface and ground waters, any 

13 portion of which the Secretary, in consultation with 

14 officials from State water quality agencies, the Envi15 ronmental Protection Agency, and the United States 

16 Geological Survey, determines to be degraded, or 

17 contributing to the degradation of downstream 

18 waters, due to the presence of excess agricultural 

19 nutrients. 

20 ‘‘(33) PRIORITY RESOURCE CONCERN.—The 

21 term ‘priority resource concern’ means a specific im22 pairment to soil, soil quality, water quality, water 

23 quantity, energy, air quality, biodiversity, or fish, 

24 wildlife, or pollinator habitat, that, as determined by 

25 the Secretary— 

mstockstill on DSK4VPTVN1PROD with BILLS

8 

•S 923 IS

1 ‘‘(A) represents a significant environ2 mental, human health, or sustainable agricul3 tural production concern in a State, region, or 

4 watershed; 

5 ‘‘(B) is likely to be addressed successfully 

6 through implementation of conservation sys7 tems, practices, or activities by producers on 

8 land eligible for enrollment in one or more pro9 grams under this title; and 

10 ‘‘(C) if successfully addressed will substan11 tially contribute to the achievement of the pur12 poses of the relevant program or programs 

13 under this title.’’. 

14 Subtitle B—Highly Erodible Land 

15 Conservation 

16 SEC. 1101. PROGRAM INELIGIBILITY. 

17 Section 1211(a)(1) of the Food Security Act of 1985 

18 (16 U.S.C. 3811(a)(1)) is amended— 

19 (1) in subparagraph (A)— 

20 (A) by inserting ‘‘or revenue’’ after 

21 ‘‘price’’; and 

22 (B) by inserting ‘‘the Food, Conservation, 

23 and Energy Act of 2008 (7 U.S.C. 8701 et 

24 seq.),’’ before ‘‘or any other Act’’; 

mstockstill on DSK4VPTVN1PROD with BILLS

9 

•S 923 IS

1 (2) in subparagraph (C), by striking ‘‘; or’’ and 

2 inserting a semicolon; 

3 (3) in subparagraph (D)— 

4 (A) by striking ‘‘Consolidated’’ before 

5 ‘‘Farm Service Agency’’; and 

6 (B) by striking the semicolon and inserting 

7 ‘‘; or’’; and 

8 (4) by inserting after subparagraph (D) the fol9 lowing new subparagraph: 

10 ‘‘(E) any portion of the premium paid by 

11 the Federal Crop Insurance Corporation for a 

12 policy or plan of insurance under the Federal 

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

14 SEC. 1102. EXEMPTIONS. 

15 Section 1212(a) of the Food Security Act of 1985 

16 (16 U.S.C. 3812(a)) is amended— 

17 (1) by inserting ‘‘highly erodible land’’ before 

18 ‘‘conservation plan’’ each place it appears; 

19 (2) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘Soil Conservation 

22 Service’’ and inserting ‘‘Natural Resources 

23 Conservation Service’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

10 

•S 923 IS

1 (ii) by inserting ‘‘, or premium sub2 sidies,’’ after ‘‘loans, payments, and bene3 fits’’; 

4 (B) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) ELIGIBILITY BASED ON COMPLIANCE WITH

7 HIGHLY ERODIBLE LAND CONSERVATION PLAN.— 

8 ‘‘(A) IN GENERAL.—If, as of January 1, 

9 1990, or 2 years after the Soil Natural Re10 sources Conservation Service has completed a 

11 soil survey for the farm, whichever is later, a 

12 person is actively applying a highly erodible 

13 land conservation plan, such person shall have 

14 until January 1, 1995, to comply with the plan 

15 without being subject to program ineligibility. 

16 ‘‘(B) MINIMIZATION OF DOCUMENTA17 TION.—In carrying out this subsection, the Sec18 retary, the Natural Resources Conservation 

19 Service, and local soil conservation districts 

20 shall minimize the quantity of documentation a 

21 person must submit to comply with this para22 graph. 

23 ‘‘(C) CROP INSURANCE.—If a person first 

24 becomes subject to section 1211(a) solely due to 

25 a premium payment described in paragraph 

mstockstill on DSK4VPTVN1PROD with BILLS

11 

•S 923 IS

1 (1)(E) of such section, the person shall have 

2 until January 1 of the fifth year beginning 

3 after the date on which the person first became 

4 subject to such section to develop and comply 

5 with an approved highly erodible land conserva6 tion plan for the land on which the person pro7 duces an agricultural commodity covered by a 

8 policy or plan of insurance supported by such 

9 premium payment.’’; and 

10 (C) in paragraph (3)— 

11 (i) by striking ‘‘only’’ after ‘‘subtitle 

12 D shall’’; and 

13 (ii) by striking ‘‘. The person shall not 

14 be required to meet a higher conservation 

15 standard than’’ and inserting ‘‘consistent 

16 with’’; 

17 (3) in subsection (b), by inserting ‘‘, or pre18 mium subsidies,’’ after ‘‘and benefits’’; 

19 (4) in subsection (c)— 

20 (A) in the matter preceding paragraph (1), 

21 by inserting ‘‘, or premium subsidies,’’ after 

22 ‘‘and benefits’’; 

23 (B) in paragraph (1), by inserting ‘‘highly 

24 erodible land’’ before ‘‘conservation system’’ 

25 each place it appears; and 

mstockstill on DSK4VPTVN1PROD with BILLS

12 

•S 923 IS

1 (C) in paragraphs (1), (2), and (3), by 

2 striking ‘‘Soil Conservation Service’’ each place 

3 it appears and inserting ‘‘Natural Resources 

4 Conservation Service’’; 

5 (5) in subsection (f)— 

6 (A) in paragraph (1), by inserting ‘‘, or 

7 premium subsidies,’’ after ‘‘benefits’’; and 

8 (B) in paragraph (4)(B), by inserting ‘‘and 

9 premium subsidies’’ after ‘‘benefits’’; and 

10 (6) in subsection (g) by amending paragraph 

11 (2) to read as follows: 

12 ‘‘(2) concerning conservation technical and fi13 nancial assistance options and conservation loan op14 tions that may be available to such individual to 

15 meet the requirements of this section.’’. 

16 SEC. 1103. DEVELOPMENT AND IMPLEMENTATION OF 

17 HIGHLY ERODIBLE LAND CONSERVATION 

18 PLANS AND HIGHLY ERODIBLE LAND CON19 SERVATION SYSTEMS. 

20 (a) HIGHLY ERODIBLE LAND.—Section 1213 of the 

21 Food Security Act of 1985 (16 U.S.C. 3812a) is amend22 ed— 

23 (1) in the header, by striking ‘‘CONSERVA24 TION PLANS AND CONSERVATION SYSTEMS’’ 

25 and inserting ‘‘HIGHLY ERODIBLE LAND CONmstockstill on DSK4VPTVN1PROD with BILLS

13 

•S 923 IS

1 SERVATION PLANS AND HIGHLY ERODIBLE

2 LAND CONSERVATION SYSTEMS’’; 

3 (2) by inserting ‘‘highly erodible land’’ before 

4 ‘‘conservation plan’’ each place it appears; and 

5 (3) by inserting ‘‘highly erodible land’’ before 

6 ‘‘conservation system’’ each place it appears. 

7 (b) TECHNICAL REQUIREMENTS.—Section 

8 1213(a)(4) of the Food Security Act of 1985 (16 U.S.C. 

9 3812a(a)(4)) is amended by inserting ‘‘, taking into ac10 count the assistance described in section 1212(g)(2)’’. 

11 (c) CERTIFICATION OF COMPLIANCE.—Section 

12 1213(d)(2) of the Food Security Act of 1985 (16 U.S.C. 

13 3812a(d)(2)) is amended by striking ‘‘If a person’’ and 

14 inserting ‘‘Except as necessary to carry out section 1216, 

15 if a person’’. 

16 SEC. 1104. NOTICE AND INVESTIGATION OF POSSIBLE COM17 PLIANCE DEFICIENCIES. 

18 Section 1215 of the Food Security Act of 1985 (16 

19 U.S.C. 3814) is amended— 

20 (1) by inserting ‘‘highly erodible land’’ before 

21 ‘‘conservation plan’’ each place it appears; 

22 (2) in subsection (a), by inserting ‘‘carrying out 

23 an inspection under section 1216 or’’ before ‘‘pro24 viding on-site technical assistance’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

14 

•S 923 IS

1 (3) in subsection (c), by striking ‘‘may’’ and in2 serting ‘‘shall’’. 

3 SEC. 1105. ENFORCEMENT; FUNDING FOR TECHNICAL AS4 SISTANCE. 

5 Subtitle B of title XII of the Food Security Act of 

6 1985 (16 U.S.C. 3811 et seq.) is amended by adding at 

7 the end the following new sections: 

8 ‘‘SEC. 1216. ENFORCEMENT OF COMPLIANCE WITH HIGHLY 

9 ERODIBLE LAND CONSERVATION PLANS. 

10 ‘‘(a) IN GENERAL.—The Secretary shall, to the ex11 tent possible, inspect annually at least five percent of the 

12 lands subject to compliance with highly erodible land con13 servation plans and for which the owner or operator is 

14 receiving a benefit described in section 1211(a), specifi15 cally for the purpose of certifying compliance with the 

16 highly erodible land conservation plan and eligibility for 

17 such benefits. 

18 ‘‘(b) ANNUAL REPORT TO CONGRESS.—Not later 

19 than March 1 of each year following the year of enactment 

20 of this provision, the Secretary shall submit to Congress 

21 a report detailing the number of acres inspected for com22 pliance with highly erodible land conservation plans, the 

23 number and type of infractions found, and the corrective 

24 or enforcement actions, including reviews conducted under 

25 section 1215(c) and graduated penalties imposed under 

mstockstill on DSK4VPTVN1PROD with BILLS

15 

•S 923 IS

1 section 1212(f), associated with each, including the agen2 cy’s justifications for each action. The report may include 

3 other pertinent information regarding compliance and en4 forcement, as determined by the Secretary. 

5 ‘‘SEC. 1217. FUNDING FOR TECHNICAL ASSISTANCE. 

6 ‘‘The Secretary shall make available a portion of the 

7 administrative and technical assistance funding provided 

8 to administer the benefits described in section 1211(a) to 

9 be used for technical assistance, monitoring, and enforce10 ment associated with highly erodible land conservation. 

11 Funds shall be drawn from each program in proportion 

12 to the relative funding of each individual program.’’. 

13 Subtitle C—Wetland Conservation 

14 SEC. 1201. PROGRAM INELIGIBILITY. 

15 (a) PRODUCTION ON COVERED WETLAND.—Section 

16 1221(a) of the Food Security Act of 1985 (16 U.S.C. 

17 3821(a)) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 inserting ‘‘after the effective date of the Balancing 

20 Food, Farm, and the Environment Act of 2013,’’ be21 fore ‘‘any person who’’; and 

22 (2) in paragraph (2), by striking ‘‘an amount 

23 determined by the Secretary to be proportionate to 

24 the severity of the violation’’ and inserting ‘‘accord25 ance with subsection (b)’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

16 

•S 923 IS

1 (b) INELIGIBILITY FOR CERTAIN LOANS AND PAY2 MENTS.—Section 1221(b) of the Food Security Act of 

3 1985 (16 U.S.C. 3821(b)) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘the Secretary shall determine which of, 

6 and the amount of, the following loans and pay7 ments for which the person shall be ineligible’’ and 

8 inserting ‘‘the person shall be ineligible for the fol9 lowing loans and payments’’; and 

10 (2) by striking paragraphs (1) and (2) and in11 serting the following: 

12 ‘‘(1) As to any commodity produced during the 

13 crop year by such person— 

14 ‘‘(A) contract payments under a produc15 tion flexibility contract, marketing assistance 

16 loans, and any type of price or revenue support 

17 or payment made available under the Agricul18 tural Market Transition Act (7 U.S.C. 7201 et 

19 seq.), the Commodity Credit Corporation Char20 ter Act (15 U.S.C. 714 et seq.), the Food, Con21 servation, and Energy Act of 2008 (7 U.S.C. 

22 8701 et seq.), or any other Act; 

23 ‘‘(B) a farm storage facility loan made 

24 under section 4(h) of the Commodity Credit 

25 Corporation Charter Act (15 U.S.C. 714b(h)); 

mstockstill on DSK4VPTVN1PROD with BILLS

17 

•S 923 IS

1 ‘‘(C) a loan made, insured, or guaranteed 

2 under the Consolidated Farm and Rural Devel3 opment Act (7 U.S.C. 1921 et seq.) or any 

4 other provision of law administered by the Con5 solidated Farm Service Agency, if the Secretary 

6 determines that the proceeds of such loan will 

7 be used for a purpose that will contribute to ex8 cessive erosion of highly erodible land; or 

9 ‘‘(D) any portion of the premium paid by 

10 the Federal Crop Insurance Corporation for a 

11 policy or plan of insurance under the Federal 

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

13 ‘‘(2) A payment made under section 4 or 5 of 

14 the Commodity Credit Corporation Charter Act (15 

15 U.S.C. 714b or 714c) during such crop year for the 

16 storage of an agricultural commodity acquired by 

17 the Commodity Credit Corporation.’’. 

18 SEC. 1202. DELINEATION OF WETLANDS; EXEMPTIONS. 

19 (a) EXEMPTIONS.—Section 1222(b) of the Food Se20 curity Act of 1985 (16 U.S.C. 3822(b)) is amended— 

21 (1) in the matter preceding paragraph (1), by 

22 inserting ‘‘, or premium subsidies,’’ after ‘‘or pay23 ments’’; and 

24 (2) by adding at the end the following new 

25 paragraph: 

mstockstill on DSK4VPTVN1PROD with BILLS

18 

•S 923 IS

1 ‘‘(3) In the case of payments that are subject 

2 to section 1221 for the first time due to the amend3 ments made by section 1201(b) of the Balancing 

4 Food, Farm, and the Environment Act of 2013, a 

5 wetland that was converted after April 4, 1996 and 

6 before October 1, 2013, on land that is the basis of 

7 the payments, provided the person in control of the 

8 land is and has been otherwise in compliance with 

9 section 1221.’’. 

10 (b) ON-SITE INSPECTION REQUIREMENT.—Section 

11 1222(c) of the Food Security Act of 1985 (16 U.S.C. 

12 3822(c)) is amended by striking ‘‘, or benefits’’ and insert13 ing ‘‘, benefits, or premium subsidies’’. 

14 (c) GOOD FAITH EXEMPTION.—Section 1222(h)(1) 

15 of the Food Security Act of 1985 (16 U.S.C. 3822(h)) 

16 is amended to read as follows: 

17 ‘‘(1) GRADUATED PENALTIES.—If a person is 

18 in violation of section 1221 but has acted in good 

19 faith and without an intent to violate such section, 

20 as determined by the Secretary, the Secretary may, 

21 in lieu of applying the ineligibility provisions of sec22 tion 1221(b), reduce program benefits and premium 

23 subsidies described in such section that the producer 

24 would otherwise be eligible to receive in a crop year 

mstockstill on DSK4VPTVN1PROD with BILLS

19 

•S 923 IS

1 by an amount commensurate with the seriousness of 

2 the violation, as determined by the Secretary.’’. 

3 (d) ELIGIBILITY FOR CROP INSURANCE.—Section 

4 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) 

5 is amended by adding at the end the following new sub6 section: 

7 ‘‘(l) ELIGIBILITY FOR CROP INSURANCE.—In the 

8 case of payments that are subject to section 1221 for the 

9 first time due to the amendments made by section 1201(b) 

10 of the Balancing Food, Farm, and the Environment Act 

11 of 2013, no person who plants or produces an agricultural 

12 commodity on a converted wetland on land that is the 

13 basis of the payments shall be ineligible under section 

14 1221 for program loans or payments, or premium sub15 sidies, unless the person fails to mitigate for the loss of 

16 wetland values, acreage, and function in accordance with 

17 subparagraphs (A) through (G) of subsection (f)(2) by the 

18 end of the 24-month period following the date on which 

19 the payments became subject to section 1221.’’. 

20 Subtitle D—Conservation Reserve 

21 SEC. 1301. CONSERVATION RESERVE. 

22 (a) IN GENERAL.—Section 1231(a) of the Food Se23 curity Act of 1985 (16 U.S.C. 3831(a)) is amended— 

24 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

25 and 

mstockstill on DSK4VPTVN1PROD with BILLS

20 

•S 923 IS

1 (2) by inserting ‘‘or easements’’ after ‘‘con2 tracts’’. 

3 (b) ELIGIBLE LAND.—Section 1231(b) of the Food 

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

5 (1) in paragraph (1)(B), by striking ‘‘the Food, 

6 Conservation, and Energy Act of 2008’’ and insert7 ing ‘‘Balancing Food, Farm, and the Environment 

8 Act of 2013’’; 

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

10 following new paragraph: 

11 ‘‘(3) grassland that— 

12 ‘‘(A) contains forbs or shrubland (includ13 ing improved rangeland and pastureland) for 

14 which grazing is the predominant use; 

15 ‘‘(B) is located in an area historically 

16 dominated by grassland; and 

17 ‘‘(C) could provide habitat for animal or 

18 plant populations of significant ecological value, 

19 or corridors to facilitate wildlife movement and 

20 migration, if the land is retained in its current 

21 use or restored to a natural condition;’’; and 

22 (3) in paragraph (4)— 

23 (A) in subparagraph (C)— 

mstockstill on DSK4VPTVN1PROD with BILLS

21 

•S 923 IS

1 (i) by inserting ‘‘, wildlife habitat 

2 buffers, shallow water areas for wildlife’’ 

3 after ‘‘permanent wildlife habitat’’; 

4 (ii) by inserting ‘‘, wetland buffers, ri5 parian buffers’’ after ‘‘shelterbelts’’; and 

6 (iii) by striking ‘‘devoted to trees or 

7 shrubs’’; 

8 (B) by redesignating subparagraphs (D) 

9 and (E) as subparagraphs (E) and (F), respec10 tively; and 

11 (C) by inserting after subparagraph (C) 

12 the following new subparagraph: 

13 ‘‘(D) the land will be devoted to nutrient14 trapping conservation practices approved by the 

15 Secretary used in association with a newly cre16 ated or existing conservation buffer practice;’’. 

17 (c) PLANTING STATUS OF CERTAIN LAND; MAXIMUM

18 ENROLLMENT.—Subsections (c) and (d) of section 1231 

19 of the Food Security Act of 1985 (16 U.S.C. 3831) are 

20 amended to read as follows: 

21 ‘‘(c) PLANTING STATUS OF CERTAIN LAND.—For 

22 purposes of determining the eligibility of land to be placed 

23 in the conservation reserve established under this sub24 chapter, land shall be considered to be planted to an agrimstockstill on DSK4VPTVN1PROD with BILLS

22 

•S 923 IS

1 cultural commodity during a crop year if, during the crop 

2 year, the land was devoted to a conserving use. 

3 ‘‘(d) MAXIMUM ENROLLMENT.— 

4 ‘‘(1) IN GENERAL.—The Secretary may main5 tain in the conservation reserve at any 1 time dur6 ing— 

7 ‘‘(A) fiscal year 2014, no more than 

8 26,000,000 acres; 

9 ‘‘(B) fiscal year 2015, no more than 

10 25,000,000 acres; 

11 ‘‘(C) fiscal year 2016, no more than 

12 24,000,000 acres; and 

13 ‘‘(D) fiscal years 2017 and 2018, no more 

14 than 23,000,000 acres. 

15 ‘‘(2) RESERVATION.—The Secretary, to the 

16 maximum extent feasible, shall manage the conserva17 tion reserve to ensure that on an annual basis not 

18 less than 600,000 acres are available for new enroll19 ments of eligible land— 

20 ‘‘(A) described in subparagraphs (B) 

21 through (F) of subsection (b)(4); and 

22 ‘‘(B) enrolled under the special conserva23 tion reserve enhancement program authority 

24 under section 1234(f)(4). 

mstockstill on DSK4VPTVN1PROD with BILLS

23 

•S 923 IS

1 ‘‘(3) PRIORITY.—The Secretary shall give pri2 ority to enrollments under the reservation in para3 graph (2) to land located in nutrient-impacted wa4 tersheds for which the enrollment would reduce nu5 trient loadings, as determined by the Secretary. 

6 ‘‘(4) CONSIDERATION.—In applying paragraph 

7 (3), the Secretary shall take into consideration the 

8 effects that may exist of any drainage infrastructure 

9 on the potential to reduce nutrient loadings.’’. 

10 SEC. 1302. CONTRACTS. 

11 (a) MODIFICATIONS.—Section 1235(c)(1)(B)(iii) of 

12 the Food Security Act of 1985 (16 U.S.C. 

13 3835(c)(1)(B)(iii)) is amended to read as follows: 

14 ‘‘(iii) to facilitate a transition of land 

15 subject to the contract from a retired or 

16 retiring owner or operator to a beginning 

17 farmer or rancher, socially disadvantaged 

18 farmer or rancher, or limited resource 

19 farmer or rancher who is or will be actively 

20 engaged in farming or ranching with re21 spect to the land transferred under this 

22 subsection, for the purpose of returning 

23 some or all of the land into production 

24 using sustainable grazing or crop produc25 tion methods that meet or exceed the remstockstill on DSK4VPTVN1PROD with BILLS

24 

•S 923 IS

1 source management system quality criteria 

2 for erosion, soil quality, water quality, and 

3 fish and wildlife; or’’. 

4 (b) TRANSITION OPTION FOR CERTAIN FARMERS OR

5 RANCHERS.—Section 1235(f)(1) of the Food Security Act 

6 of 1985 (16 U.S.C. 3835(f)(1)) is amended— 

7 (1) in the matter preceding subparagraph (A), 

8 by striking ‘‘or socially disadvantaged farmer or 

9 rancher’’ and inserting ‘‘socially disadvantaged 

10 farmer or rancher, or limited resource farmer or 

11 rancher who is or will be actively engaged in farming 

12 or ranching with respect to the land transferred 

13 under this subsection’’; 

14 (2) in subparagraph (A)— 

15 (A) in clause (i), by striking ‘‘; and’’ and 

16 inserting a semicolon; 

17 (B) in clause (ii), by striking the semicolon 

18 and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following new 

20 clauses: 

21 ‘‘(iv) provide to the covered farmer or 

22 rancher an opportunity to enroll in the 

23 conservation stewardship program or the 

24 environmental quality incentives program 

25 at any time beginning on the date that is 

mstockstill on DSK4VPTVN1PROD with BILLS

25 

•S 923 IS

1 1 year before the date of termination of 

2 the contract, including technical and finan3 cial assistance in the development of a 

4 comprehensive conservation plan; and 

5 ‘‘(v) if the land transferred under this 

6 subsection remains in grass cover, provide 

7 to the covered farmer or rancher an oppor8 tunity to enroll in a long-term or perma9 nent easement under the agricultural con10 servation easement program;’’; 

11 (3) in subparagraph (B), by inserting ‘‘com12 prehensive’’ before ‘‘conservation plan’’; 

13 (4) by striking subparagraph (D) and redesig14 nating subparagraph (E) as subparagraph (D); and 

15 (5) in subparagraph (D) (as so redesignated), 

16 by striking ‘‘, if the retired or retiring owner or op17 erator is not a family member (as defined in section 

18 1001A(b)(3)(B) of this Act) of the covered farmer 

19 or rancher’’ and inserting ‘‘except that, in the case 

20 of a retired or retiring owner or operator who is a 

21 family member (as defined in section 1001) of the 

22 covered farmer or rancher, the additional payments 

23 shall be made only if title to the land is sold or oth24 erwise transferred to the covered farmer or rancher 

25 on termination of the contract’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

26 

•S 923 IS

1 SEC. 1303. CONSERVATION RESERVE EASEMENT PROGRAM. 

2 Subchapter B of chapter 1 of subtitle D of title XII 

3 of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) 

4 is amended by adding at the end the following new section: 

5 ‘‘SEC. 1236. CONSERVATION RESERVE EASEMENT PRO6 GRAM. 

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall formu8 late and carry out a conservation reserve easement pro9 gram (hereafter in this section referred to as the ‘ease10 ment program’) in accordance with this section, through 

11 the acquisition of permanent easements or easements for 

12 the maximum term permitted under applicable State law 

13 from willing owners of eligible farms or ranches in order 

14 to ensure the continued long-term protection of environ15 mentally sensitive lands, reduction in the degradation of 

16 water quality, and enhancement of wildlife habitat on such 

17 farms or ranches through the continued conservation and 

18 improvement of soil and water resources. 

19 ‘‘(b) ELIGIBILITY; TERMINATION.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the Secretary may acquire easements 

22 under this section on eligible land placed in the con23 servation reserve under this subchapter that— 

24 ‘‘(A) is determined by the Secretary to be 

25 unsuitable for long-term commodity production; 

mstockstill on DSK4VPTVN1PROD with BILLS

27 

•S 923 IS

1 ‘‘(B) is an area of critical habitat for wild2 life, especially threatened or endangered species; 

3 or 

4 ‘‘(C) contains other environmentally sen5 sitive areas, as determined by the Secretary, 

6 that would prevent a producer from complying 

7 with other Federal, State, or local environ8 mental goals if commodities were to be pro9 duced on such land. 

10 ‘‘(2) INELIGIBLE LAND.—The Secretary may 

11 not acquire easements on— 

12 ‘‘(A) land that contains timber stands es13 tablished under this subchapter; or 

14 ‘‘(B) pasture land established to trees 

15 under this subchapter. 

16 ‘‘(3) TERMINATION OF EXISTING CONTRACT.— 

17 The Secretary may terminate or modify any existing 

18 contract entered into under section 1231(a) if eligi19 ble land that is subject to such contract is trans20 ferred into the easement program. 

21 ‘‘(c) DUTIES OF OWNERS.— 

22 ‘‘(1) PLAN.— 

23 ‘‘(A) IN GENERAL.—In conjunction with 

24 the creation of an easement on any lands under 

25 this section, the owner of the farm or ranch 

mstockstill on DSK4VPTVN1PROD with BILLS

28 

•S 923 IS

1 wherein such lands are located must agree to 

2 implement a natural resource conservation man3 agement plan in accordance with subparagraph 

4 (B) and approved by the Secretary. 

5 ‘‘(B) COMPONENTS.—A natural resource 

6 conservation management plan shall— 

7 ‘‘(i) set forth the conservation meas8 ures and practices to be carried out by the 

9 owner of the land subject to the easement; 

10 ‘‘(ii) set forth the commercial use, if 

11 any, to be permitted on such land during 

12 the term of the easement; and 

13 ‘‘(iii) provide for the permanent re14 tirement of any existing cropland base and 

15 allotment history for such land under any 

16 program administered by the Secretary. 

17 ‘‘(2) AGREEMENT.—In return for the creation 

18 of an easement on any lands under this section, the 

19 owner of the farm or ranch wherein such lands are 

20 located must agree to the following: 

21 ‘‘(A) To the creation and recordation of an 

22 appropriate deed restriction, in accordance with 

23 applicable State law, to reflect the easement 

24 agreed to under this section with respect to 

25 such lands. 

mstockstill on DSK4VPTVN1PROD with BILLS

29 

•S 923 IS

1 ‘‘(B) To provide a written statement of 

2 consent to such easement signed by those hold3 ing a security interest in the land. 

4 ‘‘(C) To comply with such additional provi5 sions as the Secretary determines are desirable 

6 and are included in the easement to carry out 

7 this section or to facilitate the practical admin8 istration thereof. 

9 ‘‘(D) To limit the production of any agri10 cultural commodity on such lands only to pro11 duction for the benefit of wildlife. 

12 ‘‘(E) Not to conduct any harvesting or 

13 grazing, nor otherwise make commercial use of 

14 the forage, on land that is subject to the ease15 ment, unless specifically provided for in the 

16 easement or related agreement. 

17 ‘‘(F) Not to adopt any other practice that 

18 would tend to defeat the purposes of this chap19 ter, as determined by the Secretary. 

20 ‘‘(3) VIOLATION.—On the violation of the terms 

21 or conditions of the easement or related agreement 

22 entered into under this section, the easement shall 

23 remain in force and the Secretary may require the 

24 owner to refund all or part of any payments received 

25 by the owner under this section, together with intermstockstill on DSK4VPTVN1PROD with BILLS

30 

•S 923 IS

1 est thereon as determined appropriate by the Sec2 retary. 

3 ‘‘(d) DUTIES OF THE SECRETARY.—In return for the 

4 granting of an easement by an owner under this section, 

5 the Secretary shall— 

6 ‘‘(1) share the cost of carrying out the estab7 lishment of conservation measures and practices set 

8 forth in the plan described in section 1232(a)(1) for 

9 which the Secretary determines that cost sharing is 

10 appropriate and in the public interest; 

11 ‘‘(2) pay for a period not to exceed 10 years an12 nual easement payments in the aggregate not to ex13 ceed the lesser of— 

14 ‘‘(A) $250,000; or 

15 ‘‘(B) the difference in the value of the land 

16 with and without the easement; 

17 ‘‘(3) provide necessary technical assistance to 

18 assist owners in complying with the terms and con19 ditions of the easement and the comprehensive con20 servation plan; and 

21 ‘‘(4) permit the land to be used for wildlife ac22 tivities, including hunting and fishing, if such use is 

23 permitted by the owner. 

mstockstill on DSK4VPTVN1PROD with BILLS

31 

•S 923 IS

1 ‘‘(e) TIME OF PAYMENT.—The Secretary shall pro2 vide payment for obligations incurred by the Secretary 

3 under this section— 

4 ‘‘(1) with respect to any cost sharing obligation, 

5 as soon as possible after the obligation is incurred; 

6 and 

7 ‘‘(2) with respect to any annual easement pay8 ment obligation, as soon as possible after October 1 

9 of each year. 

10 ‘‘(f) COST SHARING PAYMENTS.—In making cost 

11 sharing payments to owners under this section, the Sec12 retary may pay up to 100 percent of the cost of estab13 lishing conservation measures and practices pursuant to 

14 this section. 

15 ‘‘(g) EASEMENT PAYMENTS.— 

16 ‘‘(1) DETERMINATION OF AMOUNT.—The Sec17 retary shall determine the amount payable to owners 

18 in the form of easement payments under this sec19 tion, and in making such determination may con20 sider, among other things, the amount necessary to 

21 encourage owners to participate in the easement pro22 gram. 

23 ‘‘(2) ACCEPTABILITY OF OFFERS.—In deter24 mining the acceptability of easement offers, the Sec25 retary may take into consideration— 

mstockstill on DSK4VPTVN1PROD with BILLS

32 

•S 923 IS

1 ‘‘(A) the extent to which the purposes of 

2 the easement program would be achieved on the 

3 land; 

4 ‘‘(B) the productivity of the land; and 

5 ‘‘(C) the on-farm and off-farm environ6 mental threats if the land is used for the pro7 duction of agricultural commodities. 

8 ‘‘(3) PRIORITY.—The Secretary shall prioritize 

9 offers that maximize the environmental goals of the 

10 easement program, particularly regarding improve11 ments to water quality, wildlife habitat and cor12 ridors, and water conservation. Priority may also be 

13 given to easements that are part of a cooperative 

14 conservation effort to address priority resource con15 cerns on a regional or watershed scale, or that are 

16 adjacent to existing conservation lands. 

17 ‘‘(h) PAYMENTS TO OTHERS.—If an owner who is en18 titled to a payment under this section dies, becomes in19 competent, is otherwise unable to receive such payment, 

20 or is succeeded by another person who renders or com21 pletes the required performance, the Secretary shall make 

22 such payment, in accordance with regulations prescribed 

23 by the Secretary and without regard to any other provision 

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

25 and reasonable in light of all of the circumstances. 

mstockstill on DSK4VPTVN1PROD with BILLS

33 

•S 923 IS

1 ‘‘(i) MODIFICATION.—The Secretary may modify an 

2 easement acquired from, or a related agreement with, an 

3 owner under this section if— 

4 ‘‘(1) the current owner of the land agrees to 

5 such modification; and 

6 ‘‘(2) the Secretary determines that such modi7 fication is desirable— 

8 ‘‘(A) to carry out this section; 

9 ‘‘(B) to facilitate the practical administra10 tion of this section; or 

11 ‘‘(C) to achieve such other goals as the 

12 Secretary determines are appropriate and con13 sistent with this section. 

14 ‘‘(j) TERMINATION.—The Secretary may terminate 

15 an easement created with an owner under this section if— 

16 ‘‘(1) the current owner of the land agrees to 

17 such termination; and 

18 ‘‘(2) the Secretary determines that such termi19 nation would be in the public interest.’’. 

20 Subtitle E—Conservation 

21 Stewardship Program 

22 SEC. 1401. DEFINITIONS. 

23 (a) CONSERVATION ACTIVITIES.— 

24 (1) IN GENERAL.—Section 1238D(1)(A) of the 

25 Food Security Act of 1985 (16 U.S.C. 3838d(1)(A)) 

mstockstill on DSK4VPTVN1PROD with BILLS

34 

•S 923 IS

1 is amended by striking ‘‘a resource concern’’ and in2 serting ‘‘one or more resource concerns’’. 

3 (2) INCLUSIONS.—Section 1238D(1)(B) of the 

4 Food Security Act of 1985 (16 U.S.C. 3838d(1)(B)) 

5 is amended to read as follows: 

6 ‘‘(B) INCLUSIONS.—The term ‘conserva7 tion activities’ includes— 

8 ‘‘(i) vegetative measures and land 

9 management measures, including inte10 grated pest, nutrient, crop residue, and 

11 managed rotational grazing management 

12 measures, as determined by the Secretary; 

13 ‘‘(ii) structural measures that are in14 tegrated with and essential to the success15 ful implementation of such vegetative and 

16 land management measures; 

17 ‘‘(iii) planning needed to address a re18 source concern; and 

19 ‘‘(iv) development of a comprehensive 

20 conservation plan.’’. 

21 (b) CONSERVATION MEASUREMENT TOOLS.—Section 

22 1238D(2) of the Food Security Act of 1985 (16 U.S.C. 

23 3838d(2)) is amended by inserting ‘‘natural resource and’’ 

24 before ‘‘environmental benefit’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

35 

•S 923 IS

1 (c) PRIORITY RESOURCE CONCERN.—Section 1238D 

2 of the Food Security Act of 1985 (16 U.S.C. 3838d) is 

3 amended by striking paragraphs (4) and (6) and redesig4 nating paragraphs (5) and (7) as paragraphs (4) and (5), 

5 respectively. 

6 (d) STEWARDSHIP THRESHOLD.—Section 1238D(5) 

7 of the Food Security Act of 1985 (as so redesignated) is 

8 amended to read as follows: 

9 ‘‘(5) STEWARDSHIP THRESHOLD.—The term 

10 ‘stewardship threshold’ means the level of natural 

11 resource conservation and environmental manage12 ment required to address and improve upon a pri13 ority resource concern, as determined by the Sec14 retary using— 

15 ‘‘(A) conservation measurement tools; 

16 ‘‘(B) the resource management system 

17 quality criteria for the particular priority re18 source concerns; 

19 ‘‘(C) data from past and current program 

20 enrollments; and 

21 ‘‘(D) other similar means to measure im22 provement and conservation of the priority re23 source concern.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

36 

•S 923 IS

1 SEC. 1402. CONSERVATION STEWARDSHIP PROGRAM. 

2 (a) ESTABLISHMENT AND PURPOSE.—Section 

3 1238E(a) of the Food Security Act of 1985 (16 U.S.C. 

4 3838e(a)) is amended in the matter preceding paragraph 

5 (1)— 

6 (1) by striking ‘‘2009 through 2014’’ and in7 serting ‘‘2013 through 2018’’; and 

8 (2) by striking ‘‘resource concerns’’ and insert9 ing ‘‘priority resource concerns and improve and 

10 conserve the quality and condition of natural re11 sources’’. 

12 (b) ELIGIBLE LAND.—Section 1238E(b) of the Food 

13 Security Act of 1985 (16 U.S.C. 3838e(b)) is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (D), by inserting 

16 ‘‘priority’’ before ‘‘resource concerns’’; and 

17 (B) by adding at the end the following new 

18 subparagraph: 

19 ‘‘(E) Nonindustrial private forest land.’’; 

20 and 

21 (2) by striking paragraph (2) and redesignating 

22 paragraph (3) as paragraph (2). 

23 (c) EXCLUSIONS.— 

24 (1) LAND ENROLLED IN OTHER CONSERVATION

25 PROGRAMS.—Section 1238E(c)(1) of the Food Secumstockstill on DSK4VPTVN1PROD with BILLS

37 

•S 923 IS

1 rity Act of 1985 (16 U.S.C. 3838e(c)(1)) is amend2 ed— 

3 (A) in the matter preceding subparagraph 

4 (A), by striking ‘‘be eligible for enrollment in 

5 the program’’ and inserting ‘‘eligible for enroll6 ment in the program and shall not be consid7 ered part of the agricultural operation of the 

8 producer for purposes of the program’’; and 

9 (B) by amending subparagraph (A) to read 

10 as follows: 

11 ‘‘(A) Land enrolled in the conservation re12 serve program, unless— 

13 ‘‘(i) the applicant’s conservation re14 serve program contract will expire at the 

15 end of the fiscal year in which the appli16 cant applies for enrollment in the program; 

17 and 

18 ‘‘(ii) conservation reserve program 

19 payments for land enrolled in the program 

20 cease before the first conservation steward21 ship program payment is made to the ap22 plicant.’’. 

23 (2) TRANSITION.—Section 1238E(c) of the 

24 Food Security Act of 1985 (16 U.S.C. 3838e(c)) is 

25 amended by redesignating paragraph (2) as paramstockstill on DSK4VPTVN1PROD with BILLS

38 

•S 923 IS

1 graph (3) and inserting after paragraph (1) the fol2 lowing new paragraph: 

3 ‘‘(2) TRANSITION.—The Secretary may permit 

4 land described in paragraph (1)(A) to be prepared 

5 for production as a grazing operation prior to the 

6 expiration of the conservation reserve program con7 tract when a conservation stewardship contract has 

8 been approved, if no production takes place until 

9 after the expiration of the conservation reserve pro10 gram contract.’’. 

11 (3) CONVERSION TO CROPLAND.—Section 

12 1238E(c)(2) of the Food Security Act of 1985 (16 

13 U.S.C. 3838e(c)(2)) is amended by striking ‘‘the 

14 date of enactment of the Food, Conservation, and 

15 Energy Act of 2008’’ and inserting ‘‘October 1, 

16 2013’’. 

17 SEC. 1403. STEWARDSHIP CONTRACTS. 

18 (a) SUBMISSION OF CONTRACT OFFERS.—Section 

19 1238F(a) of the Food Security Act of 1985 (16 U.S.C. 

20 3838f(a)) is amended— 

21 (1) in paragraph (1)— 

22 (A) by inserting ‘‘or exceeding’’ before 

23 ‘‘the stewardship threshold’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

39 

•S 923 IS

1 (B) by striking ‘‘one resource concern’’ 

2 and inserting ‘‘2 priority resource concerns’’; 

3 and 

4 (2) by amending paragraph (2) to read as fol5 lows: 

6 ‘‘(2) would, at a minimum, meet or exceed the 

7 stewardship threshold for at least 1 additional pri8 ority resource concern by the end of the stewardship 

9 contract by— 

10 ‘‘(A) installing and adopting additional 

11 conservation activities; 

12 ‘‘(B) improving, maintaining, and man13 aging conservation activities on the agricultural 

14 operation of the producer in a manner that in15 creases or extends the conservation benefits in 

16 place at the time the contract offer is accepted 

17 by the Secretary; and 

18 ‘‘(C) if applicable, describing the resource19 conserving crop rotation, managed intensive ro20 tation grazing system, or transition to organic 

21 crop or livestock systems the producer agrees to 

22 improve, maintain, and manage, or install and 

23 adopt, during the term of the conservation 

24 stewardship contract.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

40 

•S 923 IS

1 (b) EVALUATION OF CONTRACT OFFERS.—Section 

2 1238F(b)(1) of the Food Security Act of 1985 (16 U.S.C. 

3 3838f(b)(1)) is amended to read as follows: 

4 ‘‘(1) RANKING OF APPLICATIONS.—In evalu5 ating contract offers made by producers to enter 

6 into contracts under the program, the Secretary 

7 shall rank applications based on— 

8 ‘‘(A) the level of conservation and environ9 mental benefits resulting from all conservation 

10 activities to be covered by the contract, includ11 ing conservation activities proposed to be com12 menced as a result of the contract, on all appli13 cable priority resource concerns, based to the 

14 maximum extent practicable on conservation 

15 measurement tools; and 

16 ‘‘(B) in the event of a tie in ranking scores 

17 between two or more applications, the extent to 

18 which the actual and anticipated environmental 

19 benefits from the contract are provided at the 

20 least cost.’’. 

21 (c) ENTERING INTO CONTRACTS.—Section 1238F(c) 

22 of the Food Security Act of 1985 (16 U.S.C. 3838f(c)) 

23 is amended to read as follows: 

24 ‘‘(c) ENTERING INTO CONTRACTS.— 

mstockstill on DSK4VPTVN1PROD with BILLS

41 

•S 923 IS

1 ‘‘(1) IN GENERAL.—After a determination that 

2 a producer is eligible for the program under sub3 section (a), and a determination that the contract 

4 offer ranks sufficiently high under the evaluation 

5 criteria under subsection (b), the Secretary shall 

6 enter into a conservation stewardship contract with 

7 the producer to enroll the land to be covered by the 

8 contract. 

9 ‘‘(2) FINANCIAL OBLIGATION.—Consistent with 

10 section 1238G(e)(4), a contract entered into under 

11 paragraph (1) shall not create an obligation for fi12 nancial assistance until the first October 1 after the 

13 contract is entered into.’’. 

14 (d) CONTRACT RENEWAL.—Section 1238F(e) of the 

15 Food Security Act of 1985 (16 U.S.C. 3838f(e)) is amend16 ed to read as follows: 

17 ‘‘(e) CONTRACT RENEWAL.—At the end of a con18 servation stewardship contract of a producer, the Sec19 retary may allow the producer to renew the contract for 

20 an additional five-year period if the producer— 

21 ‘‘(1) demonstrates compliance with the terms of 

22 the existing contract; 

23 ‘‘(2) agrees to adopt new or improved conserva24 tion activities, as determined by the Secretary; and 

mstockstill on DSK4VPTVN1PROD with BILLS

42 

•S 923 IS

1 ‘‘(3) has met or exceeded, or agrees to meet or 

2 exceed, the stewardship threshold for all priority re3 source concerns identified for the region or area in 

4 which the land that is subject to the contract is lo5 cated.’’. 

6 (e) MODIFICATION.—Section 1238F(f) of the Food 

7 Security Act of 1985 (16 U.S.C. 3838f(f)) is amended to 

8 read as follows: 

9 ‘‘(f) MODIFICATION.— 

10 ‘‘(1) IN GENERAL.—The Secretary may allow a 

11 producer to modify a stewardship contract if the 

12 Secretary determines that the modification is con13 sistent with achieving the purposes of the program. 

14 ‘‘(2) CHANGES IN CONTROL OF LAND.—The 

15 Secretary shall allow a producer to add or subtract 

16 from the contract land over which the producer loses 

17 or gains control, respectively, during the contract pe18 riod if such modification is consistent with achieving 

19 the purposes of the program and if the Secretary de20 termines that the resulting natural resource and en21 vironmental benefits would equal or exceed the origi22 nal contract.’’. 

23 (f) COORDINATION WITH ORGANIC CERTIFI24 CATION.—Section 1238F(h) of the Food Security Act of 

mstockstill on DSK4VPTVN1PROD with BILLS

43 

•S 923 IS

1 1985 (16 U.S.C. 3838f(h)) is amended by inserting ‘‘or 

2 maintain’’ after ‘‘may initiate’’. 

3 (g) ON-FARM RESEARCH AND DEMONSTRATION OR

4 PILOT TESTING.—Section 1238F of the Food Security 

5 Act of 1985 (16 U.S.C. 3838f) is amended by striking 

6 subsection (i). 

7 SEC. 1404. DUTIES OF THE SECRETARY. 

8 (a) IN GENERAL.—Section 1238G(a) of the Food Se9 curity Act of 1985 (16 U.S.C. 3838g(a)) is amended to 

10 read as follows: 

11 ‘‘(a) IN GENERAL.—To achieve the conservation 

12 goals of a contract under the conservation stewardship 

13 program, the Secretary shall— 

14 ‘‘(1) make the program available to eligible pro15 ducers on a continuous enrollment basis with 1 or 

16 more ranking periods, one of which shall occur in 

17 the first third of each fiscal year; 

18 ‘‘(2) identify priority resource concerns in a 

19 particular watershed or other appropriate region or 

20 area within a State; 

21 ‘‘(3) for any region or area that includes any 

22 part of a nutrient-impacted watershed (as deter23 mined by the Secretary), ensure that one of the pri24 ority resource concerns identified under paragraph 

mstockstill on DSK4VPTVN1PROD with BILLS

44 

•S 923 IS

1 (2) is water pollution caused by excess nutrient 

2 loads; 

3 ‘‘(4) develop reliable conservation measurement 

4 tools for purposes of carrying out the program; and 

5 ‘‘(5) ensure that conservation measurement 

6 tools are transparent and available to producers 

7 by— 

8 ‘‘(A) making interactive, user-friendly con9 servation measurement tools publically available 

10 online; 

11 ‘‘(B) making conservation activity natural 

12 resource and environmental benefit scores avail13 able in an easy to understand format for study 

14 both before and during application; and 

15 ‘‘(C) taking other similar steps, as deter16 mined by the Secretary.’’. 

17 (b) ALLOCATION TO STATES.—Section 1238G(b) of 

18 the Food Security Act of 1985 (16 U.S.C. 3838g(b)) is 

19 amended— 

20 (1) in paragraph (1), by striking ‘‘primarily’’; 

21 and 

22 (2) in paragraph (2), in the matter preceding 

23 subparagraph (A), by striking ‘‘also’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

45 

•S 923 IS

1 (c) ACREAGE ENROLLMENT LIMITATION.—Section 

2 1238G(d) of the Food Security Act of 1985 (16 U.S.C. 

3 3838g(d)) is amended— 

4 (1) in paragraph (1), by striking ‘‘12,769,000’’ 

5 and inserting ‘‘10,000,000’’; and 

6 (2) in paragraph (2), by striking ‘‘$18’’ and in7 serting ‘‘$23’’. 

8 (d) CONSERVATION STEWARDSHIP PAYMENTS.— 

9 (1) AVAILABILITY OF PAYMENTS.—Section 

10 1238G(e)(1)(B) of the Food Security Act of 1985 

11 (16 U.S.C. 3838g(e)(1)(B)) is amended by striking 

12 ‘‘at the operation of the producer’’ and inserting ‘‘on 

13 the agricultural operation of the producer’’. 

14 (2) PAYMENT AMOUNT.—Section 1238G(e)(2) 

15 of the Food Security Act of 1985 (16 U.S.C. 

16 3838g(e)(2)) is amended to read as follows: 

17 ‘‘(2) PAYMENT AMOUNT.— 

18 ‘‘(A) IN GENERAL.—The amount of the 

19 conservation stewardship payment shall be de20 termined by the Secretary and based, to the 

21 maximum extent practicable, on the following 

22 factors: 

23 ‘‘(i) Costs incurred by the producer 

24 associated with planning, design, materials, 

mstockstill on DSK4VPTVN1PROD with BILLS

46 

•S 923 IS

1 installation, labor, management, mainte2 nance, or training. 

3 ‘‘(ii) Income forgone by the producer. 

4 ‘‘(iii) Expected natural resource and 

5 environmental benefits resulting from ex6 isting and proposed conservation treat7 ment, based to the maximum extent pos8 sible on conservation measurement tools. 

9 ‘‘(B) PAYMENT DIFFERENTIAL.—In apply10 ing subparagraph (A), the Secretary shall, 

11 where applicable, differentiate between— 

12 ‘‘(i) improving, maintaining, and man13 aging conservation activities in place on 

14 the agricultural operation at the time the 

15 contract offer is accepted by the Secretary; 

16 and 

17 ‘‘(ii) installing and adopting addi18 tional conservation activities on the agri19 cultural operation.’’. 

20 (3) MINIMUM PAYMENT.—Section 1238G(e) of 

21 the Food Security Act of 1985 (16 U.S.C. 3838g(e)) 

22 is amended by adding at the end the following new 

23 paragraph: 

24 ‘‘(5) MINIMUM PAYMENT.— 

mstockstill on DSK4VPTVN1PROD with BILLS

47 

•S 923 IS

1 ‘‘(A) IN GENERAL.—A payment to a pro2 ducer under this subsection shall be not less 

3 than $1,500 per year. 

4 ‘‘(B) COMPREHENSIVE CONTRACT.—If a 

5 contract requires a comprehensive conservation 

6 plan the implementation of which will, by the 

7 end of the contract term, meet or exceed the 

8 stewardship threshold for all priority resource 

9 concerns, the minimum payment shall be not 

10 less than $3,000.’’. 

11 (e) SUPPLEMENTAL PAYMENTS FOR RESOURCE-CON12 SERVING CROP ROTATIONS.—Section 1238G(f) of the 

13 Food Security Act of 1985 (16 U.S.C. 3838g(f)) is amend14 ed to read as follows: 

15 ‘‘(f) SUPPLEMENTAL PAYMENTS FOR RESOURCE16 CONSERVING CROP ROTATIONS, MANAGED INTENSIVE

17 ROTATIONAL GRAZING, AND TRANSITION TO ORGANIC

18 CROP OR LIVESTOCK SYSTEMS.— 

19 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec20 retary shall provide additional payments to pro21 ducers that, in participating in the program, agree 

22 to— 

23 ‘‘(A) improve, maintain, and manage, or 

24 adopt and maintain— 

mstockstill on DSK4VPTVN1PROD with BILLS

48 

•S 923 IS

1 ‘‘(i) resource-conserving crop rota2 tions; or 

3 ‘‘(ii) managed intensive rotational 

4 grazing; or 

5 ‘‘(B) transition to organic crop or livestock 

6 systems. 

7 ‘‘(2) RESOURCE-CONSERVING CROP ROTA8 TION.—In this subsection, the term ‘resource-con9 serving crop rotation’ means a crop rotation that— 

10 ‘‘(A) includes at least 1 resource con11 serving crop (as defined by the Secretary); 

12 ‘‘(B) reduces erosion; 

13 ‘‘(C) improves water quality; 

14 ‘‘(D) improves soil fertility and tilth; 

15 ‘‘(E) interrupts pest cycles; and 

16 ‘‘(F) in applicable areas, reduces depletion 

17 of soil moisture or otherwise reduces the need 

18 for irrigation. 

19 ‘‘(3) MANAGED INTENSIVE ROTATIONAL GRAZ20 ING.—In this subsection, the term ‘managed inten21 sive rotational grazing’ means a system in which 

22 animals are regularly and systematically moved to 

23 fresh pasture in such a way as to— 

24 ‘‘(A) maximize the quantity and quality of 

25 forage growth; 

mstockstill on DSK4VPTVN1PROD with BILLS

49 

•S 923 IS

1 ‘‘(B) improve manure distribution and nu2 trient cycling; 

3 ‘‘(C) increase carbon sequestration from 

4 greater forage harvest; 

5 ‘‘(D) improve the quantity and quality of 

6 cover for wildlife; 

7 ‘‘(E) provide permanent cover to protect 

8 the soil from erosion; and 

9 ‘‘(F) improve water quality. 

10 ‘‘(4) TRANSITION TO ORGANIC CROP OR LIVE11 STOCK SYSTEMS.—In this subsection, the term ‘tran12 sition to organic crop or livestock systems’ means 

13 adoption of conservation activities for certified or14 ganic production on land or for herds not previously 

15 certified organic that meet all the requirements of 

16 the program and that are consistent with the regula17 tions promulgated under the Organic Foods Produc18 tion Act of 1990 (7 U.S.C. 6501 et seq.).’’. 

19 (f) PAYMENT LIMITATIONS.—Section 1238G(g) of 

20 the Food Security Act of 1985 (16 U.S.C. 3838g(g)) is 

21 amended to read as follows: 

22 ‘‘(g) PAYMENT LIMITATIONS.— 

23 ‘‘(1) IN GENERAL.—A person or legal entity 

24 may not receive, directly or indirectly, payments 

25 under this subchapter that, in the aggregate, exceed 

mstockstill on DSK4VPTVN1PROD with BILLS

50 

•S 923 IS

1 $200,000 for all contracts entered into during any 

2 5-year period, excluding funding arrangements with 

3 federally recognized Indian tribes or Alaska Native 

4 corporations, regardless of the number of contracts 

5 entered into under the program by the person or en6 tity. 

7 ‘‘(2) ACREAGE.—Any acres enrolled in the pro8 gram that will not receive payments due to the limi9 tation in paragraph (1) shall not be counted toward 

10 the acreage limitation in subsection (d)(1).’’. 

11 (g) REGULATIONS.—Section 1238G(h) of the Food 

12 Security Act of 1985 (16 U.S.C. 3838g(h)) is amended 

13 by redesignating paragraphs (1) and (2) as paragraphs 

14 (2) and (3), respectively, and by inserting before para15 graph (2) (as so redesignated) the following new para16 graph: 

17 ‘‘(1) require participants in the program to be 

18 actively engaged in farming or ranching;’’. 

19 (h) DATA.—Section 1238G(i) of the Food Security 

20 Act of 1985 (16 U.S.C. 3838g(i)) is amended to read as 

21 follows: 

22 ‘‘(i) DATA.—The Secretary shall maintain detailed 

23 and segmented data on contracts and payments under the 

24 program to allow, at a minimum, with respect to each con25 tract— 

mstockstill on DSK4VPTVN1PROD with BILLS

51 

•S 923 IS

1 ‘‘(1) quantification of the type and extent of 

2 conservation activities for which payments were 

3 made; 

4 ‘‘(2) quantification of the amount of payments 

5 made for— 

6 ‘‘(A) the installation and adoption of addi7 tional conservation activities and improvements 

8 to conservation activities in place on the oper9 ation of a producer at the time the conservation 

10 stewardship offer is accepted by the Secretary; 

11 and 

12 ‘‘(B) the maintenance of existing conserva13 tion activities; and 

14 ‘‘(3) identification of the watershed and county 

15 in which the agricultural operation receiving pay16 ments is located.’’. 

17 (i) PAYMENTS FOR CONSERVATION ACTIVITIES RE18 LATED TO ORGANIC PRODUCTION.—Section 1238G of the 

19 Food Security Act of 1985 (16 U.S.C. 3838g) is amended 

20 by adding at the end the following new subsection: 

21 ‘‘(g) PAYMENTS FOR CONSERVATION ACTIVITIES RE22 LATED TO ORGANIC PRODUCTION.— 

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

24 payments for conservation activities related to or25 ganic production. 

mstockstill on DSK4VPTVN1PROD with BILLS

52 

•S 923 IS

1 ‘‘(2) ELIGIBILITY REQUIREMENTS.—As a condi2 tion for receiving payments under the program, a 

3 producer shall agree to develop and implement con4 servation activities for certified organic production 

5 that are consistent with the regulations promulgated 

6 under the Organic Foods Production Act of 1990 (7 

7 U.S.C. 6501 et seq.) and the purposes of the pro8 gram. 

9 ‘‘(3) PLANNING.— 

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

11 provide planning assistance to producers 

12 transitioning to certified organic production 

13 consistent with the requirements of the Organic 

14 Foods Production Act of 1990 (7 U.S.C. 6501 

15 et seq.) and the purposes of this subchapter. 

16 ‘‘(B) AVOIDANCE OF DUPLICATION.—The 

17 Secretary shall, to the maximum extent prac18 ticable, eliminate duplication of planning activi19 ties for a producer participating in a contract 

20 under this subchapter and initiating or main21 taining organic certification consistent with the 

22 Organic Foods Production Act of 1990 (7 

23 U.S.C. 6501 et seq.).’’. 

24 (j) COMPREHENSIVE CONSERVATION PLANNING.— 

25 Section 1238G of the Food Security Act of 1985 (16 

mstockstill on DSK4VPTVN1PROD with BILLS

53 

•S 923 IS

1 U.S.C. 3838g), as amended by subsection (i), is further 

2 amended by adding at the end the following new sub3 section: 

4 ‘‘(h) COMPREHENSIVE CONSERVATION PLANNING.— 

5 The Secretary shall provide technical and financial assist6 ance to producers under the program to develop a com7 prehensive conservation plan for the agricultural operation 

8 of the producer.’’. 

9 Subtitle F—Environmental Quality 

10 Incentives Program 

11 SEC. 1501. PURPOSES. 

12 Section 1240 of the Food Security Act of 1985 (16 

13 U.S.C. 3839aa) is amended to read as follows: 

14 ‘‘SEC. 1240. PURPOSES. 

15 ‘‘The purpose of the environmental quality incentives 

16 program established by this chapter is to assist producers 

17 in implementing conservation systems, practices, and ac18 tivities on their operations in order to— 

19 ‘‘(1) improve water quality, with special empha20 sis on reducing nutrient pollution and protecting 

21 sources of drinking water; 

22 ‘‘(2) avoid, to the maximum extent practicable, 

23 the need for resource and regulatory programs by 

24 assisting producers in protecting soil, water, air, and 

25 related natural resources and meeting environmental 

mstockstill on DSK4VPTVN1PROD with BILLS

54 

•S 923 IS

1 quality criteria established by Federal, State, tribal, 

2 and local agencies; 

3 ‘‘(3) conserve ground and surface water to sus4 tain or improve in-stream flows; 

5 ‘‘(4) enhance soil quality; 

6 ‘‘(5) control invasive species; 

7 ‘‘(6) enhance critical aquatic and terrestrial 

8 wildlife habitat for at-risk species; 

9 ‘‘(7) reduce the amount and toxicity of pes10 ticides and other agricultural chemicals found on 

11 food and in water or the air; 

12 ‘‘(8) reduce the nontherapeutic use of medically 

13 important antibiotics in food-producing animals in 

14 order to preserve the effectiveness of antibiotics used 

15 in the treatment of human and animal disease; 

16 ‘‘(9) help producers adapt to a changing and 

17 unpredictable climate and increase resiliency to cli18 mate change impacts, including rising temperatures 

19 and extreme weather events, while reducing green20 house gas emissions; and 

21 ‘‘(10) address additional priority resource con22 cerns, as determined by the Secretary.’’. 

23 SEC. 1502. DEFINITIONS. 

24 (a) ORGANIC SYSTEM PLAN.—Section 1240A of the 

25 Food Security Act of 1985 (16 U.S.C. 3839aa–1) is 

mstockstill on DSK4VPTVN1PROD with BILLS

55 

•S 923 IS

1 amended by striking paragraph (3) and redesignating 

2 paragraphs (4) through (6) as paragraphs (3) through 

3 (5), respectively. 

4 (b) PRACTICE.—Section 1240A of the Food Security 

5 Act of 1985 (16 U.S.C. 3839aa–1) is further amended in 

6 paragraph (4)(B) (as redesignated by subsection (a))— 

7 (1) in clause (i), by striking ‘‘; and’’ and insert8 ing a semicolon; 

9 (2) by redesignating clause (ii) as clause (iii); 

10 and 

11 (3) by inserting after clause (i) the following 

12 new clause: 

13 ‘‘(ii) comprehensive conservation plan14 ning; and’’. 

15 SEC. 1503. ESTABLISHMENT AND ADMINISTRATION. 

16 (a) ESTABLISHMENT.—Section 1240B(a) of the 

17 Food Security Act of 1985 (16 U.S.C. 3839aa–2(a)) is 

18 amended by striking ‘‘2002 through 2014’’ and inserting 

19 ‘‘2013 through 2018’’. 

20 (b) TERM.—Section 1240B(b)(2)(B) of the Food Se21 curity Act of 1985 (16 U.S.C. 3839aa–2(b)(2)(B)) is 

22 amended by striking ‘‘10 years’’ and inserting ‘‘5 years’’. 

23 (c) PRIORITY.—Section 1240B(c) of the Food Secu24 rity Act of 1985 (16 U.S.C. 3839aa–2(c)) is amended to 

25 read as follows: 

mstockstill on DSK4VPTVN1PROD with BILLS

56 

•S 923 IS

1 ‘‘(c) PRIORITY.—If the Secretary determines that the 

2 environmental values of two or more applications for pay3 ments are comparable, the Secretary shall assign a higher 

4 priority to a program application which will achieve the 

5 environment and conservation values using practices and 

6 systems the assessed cost of which is lower.’’. 

7 (d) PAYMENTS.— 

8 (1) INCREASED PAYMENTS FOR CERTAIN PRAC9 TICES.—Section 1240B(d)(3) of the Food Security 

10 Act of 1985 (16 U.S.C. 3839aa–2(d)(3)) is amended 

11 to read as follows: 

12 ‘‘(3) INCREASED PAYMENTS FOR CERTAIN

13 PRACTICES.—The Secretary shall provide supple14 mental payments and enhanced technical assistance 

15 to producers implementing land management and 

16 vegetative practices at a level that, as determined by 

17 the Secretary, results in highly cost-effective treat18 ment of priority resource concerns, including— 

19 ‘‘(A) residue and tillage management; 

20 ‘‘(B) contour farming; 

21 ‘‘(C) cover cropping; 

22 ‘‘(D) integrated pest management; 

23 ‘‘(E) nutrient management; 

24 ‘‘(F) stream corridor improvement; 

25 ‘‘(G) invasive plant species control; 

mstockstill on DSK4VPTVN1PROD with BILLS

57 

•S 923 IS

1 ‘‘(H) contour buffer strips; 

2 ‘‘(I) riparian herbaceous and forest buff3 ers; 

4 ‘‘(J) filterstrips; 

5 ‘‘(K) stream habitat improvement and 

6 management; 

7 ‘‘(L) grassed waterways; 

8 ‘‘(M) wetland restoration and enhance9 ment; 

10 ‘‘(N) pollinator habitat; or 

11 ‘‘(O) conservation crop rotation.’’. 

12 (2) INCREASED PAYMENTS FOR CERTAIN PRO13 DUCERS.—Section 1240B(d)(4)(B) of the Food Se14 curity Act of 1985 (16 U.S.C. 3839aa–2(d)(4)(B)) 

15 is amended by striking ‘‘30 percent’’ and inserting 

16 ‘‘50 percent’’. 

17 (3) LIMITATION ON PAYMENTS FOR CERTAIN

18 PRACTICES.—Section 1240B(d) of the Food Security 

19 Act of 1985 (16 U.S.C. 3839aa–2(d)) is amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(7) LIMITATION ON PAYMENTS FOR CERTAIN

22 PRACTICES.—A producer who owns or operates a 

23 large confined animal feeding operation (as defined 

24 by the Secretary) shall not be eligible for payments 

25 under this chapter to construct an animal waste 

mstockstill on DSK4VPTVN1PROD with BILLS

58 

•S 923 IS

1 management facility or any associated waste trans2 port or transfer device.’’. 

3 (e) ALLOCATION OF FUNDING.—Section 1240B(f) of 

4 the Food Security Act of 1985 (16 U.S.C. 3839aa–2(f)) 

5 is amended to read as follows: 

6 ‘‘(f) ALLOCATION OF FUNDING.—Of the funds made 

7 available for payments for each of fiscal years 2014 

8 through 2018— 

9 ‘‘(1) 50 percent shall be targeted at practices 

10 relating to livestock production; and 

11 ‘‘(2) not less than 10 percent shall be targeted 

12 at practices relating to improvement of fish and 

13 wildlife habitat.’’. 

14 (f) WATER CONSERVATION OR IRRIGATION EFFI15 CIENCY PRACTICE.— 

16 (1) AVAILABILITY OF PAYMENTS.—Section 

17 1240B(h)(1) of the Food Security Act of 1985 (16 

18 U.S.C. 3839aa–2(h)(1)) is amended to read as fol19 lows: 

20 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec21 retary may provide payments under this subsection 

22 to a producer for a water conservation or irrigation 

23 practice that promotes ground and surface water 

24 conservation on the agricultural operation of the 

25 producer by— 

mstockstill on DSK4VPTVN1PROD with BILLS

59 

•S 923 IS

1 ‘‘(A) improvements to irrigation systems; 

2 ‘‘(B) enhancement of irrigation efficiencies; 

3 ‘‘(C) conversion of the agricultural oper4 ation to— 

5 ‘‘(i) the production of less water-in6 tensive agricultural commodities; or 

7 ‘‘(ii) dryland farming; 

8 ‘‘(D) improvement of the storage of water 

9 through measures such as water banking and 

10 groundwater recharge; 

11 ‘‘(E) enhancement of fish and wildlife 

12 habitat associated with irrigation systems in13 cluding pivot corners and areas with irregular 

14 boundaries; or 

15 ‘‘(F) establishment of other measures, as 

16 determined by the Secretary, that improve 

17 groundwater and surface water conservation in 

18 agricultural operations.’’. 

19 (2) PRIORITY.—Section 1240B(h)(2) of the 

20 Food Security Act of 1985 (16 U.S.C. 3839aa– 

21 2(h)(2)) is amended— 

22 (A) in subparagraph (A), by striking ‘‘; 

23 or’’ and inserting ‘‘; and’’; and 

24 (B) by amending subparagraph (B) to read 

25 as follows: 

mstockstill on DSK4VPTVN1PROD with BILLS

60 

•S 923 IS

1 ‘‘(B) any associated water savings remain 

2 in the original source of such water for the use3 ful life of the practice.’’. 

4 (3) DUTY OF PRODUCERS.—Section 1240B(h) 

5 of the Food Security Act of 1985 (16 U.S.C. 

6 3839aa–2(h)) is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(3) DUTY OF PRODUCERS.—The Secretary 

9 may not provide payments to a producer for a water 

10 conservation or irrigation practice under this chapter 

11 unless the producer agrees not to use any associated 

12 water savings to bring new land, other than inci13 dental land needed for efficient operations, under ir14 rigated production, unless the producer is partici15 pating in a watershed-wide project that will effec16 tively conserve water, as determined by the Sec17 retary.’’. 

18 (g) PAYMENTS FOR CONSERVATION PRACTICES RE19 LATED TO ORGANIC PRODUCTION.— 

20 (1) PAYMENTS AUTHORIZED.—Section 

21 1240B(i)(1) of the Food Security Act of 1985 (16 

22 U.S.C. 3839aa–2(i)(1)) is amended by striking 

23 ‘‘subsection’’ and inserting ‘‘chapter’’. 

24 (2) ELIGIBILITY REQUIREMENTS.—Section 

25 1240B(i)(2) of the Food Security Act of 1985 (16 

mstockstill on DSK4VPTVN1PROD with BILLS

61 

•S 923 IS

1 U.S.C. 3839aa–2(i)(2)) is amended to read as fol2 lows: 

3 ‘‘(2) ELIGIBILITY REQUIREMENTS.—As a condi4 tion for receiving payments under this chapter, a 

5 producer shall agree to develop and implement con6 servation practices for certified organic production 

7 that are consistent with the regulations promulgated 

8 under the Organic Foods Production Act of 1990 (7 

9 U.S.C. 6501 et seq.) and the purposes of this chap10 ter.’’. 

11 (3) PAYMENT LIMITATIONS; COORDINATION

12 WITH ORGANIC CERTIFICATION; PLANNING.—Section 

13 1240B(i) of the Food Security Act of 1985 (16 

14 U.S.C. 3839aa–2(i)) is amended— 

15 (A) by striking paragraph (3) and redesig16 nating paragraphs (4) and (5) as paragraphs 

17 (5) and (6), respectively; and 

18 (B) by inserting after paragraph (2) the 

19 following new paragraphs: 

20 ‘‘(3) COORDINATION WITH ORGANIC CERTIFI21 CATION.—The Secretary shall establish a trans22 parent means by which producers may initiate or23 ganic certification under the Organic Foods Produc24 tion Act of 1990 (7 U.S.C. 6501 et seq.) while par25 ticipating in a contract under this chapter. 

mstockstill on DSK4VPTVN1PROD with BILLS

62 

•S 923 IS

1 ‘‘(4) PLANNING.— 

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

3 provide planning assistance to producers 

4 transitioning to certified organic production 

5 consistent with the requirements of the Organic 

6 Foods Production Act of 1990 (7 U.S.C. 6501 

7 et seq.) and the purposes of this chapter. 

8 ‘‘(B) AVOIDANCE OF DUPLICATION.—The 

9 Secretary shall, to the maximum extent prac10 ticable, eliminate duplication of planning activi11 ties for a producer participating in a contract 

12 under this chapter and initiating or maintaining 

13 organic certification consistent with the Organic 

14 Foods Production Act of 1990 (7 U.S.C. 6501 

15 et seq.).’’. 

16 (h) PAYMENTS FOR CONSERVATION PRACTICES RE17 LATED TO ANTIBIOTIC USE.—Section 1240B of the Food 

18 Security Act of 1985 (16 U.S.C. 3839aa–2) is amended 

19 by adding at the end the following new subsection: 

20 ‘‘(j) PAYMENTS FOR CONSERVATION PRACTICES RE21 LATED TO ANTIBIOTIC USE.— 

22 ‘‘(1) PAYMENTS AUTHORIZED.—The Secretary 

23 shall provide payments under this chapter to live24 stock producers for three years, to assist in a transi25 tion to modified animal management and production 

mstockstill on DSK4VPTVN1PROD with BILLS

63 

•S 923 IS

1 systems, for practices leading to the reduction in the 

2 need for antibiotics, including modification of sys3 tems and spaces to— 

4 ‘‘(A) improve sanitation; 

5 ‘‘(B) improve ventilation; or 

6 ‘‘(C) support the implementation of im7 proved animal management techniques at the 

8 operation. 

9 ‘‘(2) DUTY OF PRODUCER.—The Secretary shall 

10 not make payments under this chapter for practices 

11 related to antibiotic use unless the producer agrees 

12 to provide information to the Secretary documenting 

13 the resulting reduction in antibiotic use in the oper14 ation of the producer.’’. 

15 (i) COMPREHENSIVE CONSERVATION PLANNING.— 

16 Section 1240B of the Food Security Act of 1985 (16 

17 U.S.C. 3839aa–2), as amended by subsection (g), is fur18 ther amended by adding at the end the following new sub19 section: 

20 ‘‘(k) COMPREHENSIVE CONSERVATION PLANNING.— 

21 The Secretary shall provide technical and financial assist22 ance to producers under the program to develop a com23 prehensive conservation plan for the agricultural operation 

24 of the producer.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

64 

•S 923 IS

1 SEC. 1504. EVALUATION OF APPLICATIONS. 

2 (a) EVALUATION CRITERIA.—Section 1240C(a) of 

3 the Food Security Act of 1985 (16 U.S.C. 3839aa–3(a)) 

4 is amended by striking ‘‘, national, State, and local con5 servation priorities’’ and inserting ‘‘priority resource con6 cerns identified under subsection (d)’’. 

7 (b) PRIORITIZATION OF APPLICATIONS.—Section 

8 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 

9 3839aa–3(b)) is amended— 

10 (1) in paragraph (1), by striking ‘‘achieving the 

11 anticipated environmental benefits of the project’’ 

12 and inserting ‘‘priority resource concerns identified 

13 under subsection (d)’’; and 

14 (2) in paragraph (2), by striking ‘‘designated 

15 resource concern or resource concerns’’ and inserting 

16 ‘‘priority resource concerns identified under sub17 section (d), including, in the case of applications 

18 from nutrient-impacted watersheds, the degree to 

19 which nutrient loadings would be reduced as a result 

20 of the proposed project’’. 

21 (c) GROUPING OF APPLICATIONS.—Section 1240C(c) 

22 of the Food Security Act of 1985 (16 U.S.C. 3839aa–3(c)) 

23 is amended by striking ‘‘for evaluation purposes or other24 wise evaluate applications relative to other applications for 

25 similar farming operations’’ and inserting ‘‘proposing to 

mstockstill on DSK4VPTVN1PROD with BILLS

65 

•S 923 IS

1 address the same priority resource concerns for evaluation 

2 purposes’’. 

3 (d) PRIORITY RESOURCE CONCERNS.—Section 

4 1240C of the Food Security Act of 1985 (16 U.S.C. 

5 3839aa–3) is amended by adding at the end the following 

6 new subsection: 

7 ‘‘(d) PRIORITY RESOURCE CONCERNS.—For the pur8 poses of this section, the Secretary shall identify priority 

9 resource concerns in a particular watershed or other ap10 propriate region or area within a State.’’. 

11 SEC. 1505. ENVIRONMENTAL QUALITY INCENTIVES PRO12 GRAM PLAN. 

13 (a) PLAN OF OPERATIONS.—Section 1240E(a) of the 

14 Food Security Act of 1985 (16 U.S.C. 3839aa–5(a)) is 

15 amended to read as follows: 

16 ‘‘(a) PLAN OF OPERATIONS.—To be eligible to re17 ceive payments under the program, a producer shall sub18 mit to the Secretary for approval a plan of operations 

19 that— 

20 ‘‘(1) specifies the priority resource concerns to 

21 be addressed; 

22 ‘‘(2) specifies the type, number, and sequencing 

23 of conservation systems, practices, or activities to be 

24 implemented to address the priority resource con25 cerns; 

mstockstill on DSK4VPTVN1PROD with BILLS

66 

•S 923 IS

1 ‘‘(3) includes such terms and conditions as the 

2 Secretary considers necessary to carry out the pro3 gram, including a description of the purposes to be 

4 met by the implementation of the plan and a state5 ment of how the plan will achieve or take significant 

6 steps toward achieving the relevant resource man7 agement system quality criteria; 

8 ‘‘(4) in the case of a confined livestock feeding 

9 operation, provides for development and implementa10 tion of a comprehensive nutrient management plan, 

11 if applicable; 

12 ‘‘(5) in the case of a producer located within a 

13 nutrient-impacted watershed, identifies methods by 

14 which the producer will limit nutrient loss; and 

15 ‘‘(6) in the case of forest land, is consistent 

16 with the provisions of a forest management plan 

17 that is approved by the Secretary, which may in18 clude— 

19 ‘‘(A) a forest stewardship plan described in 

20 section 5 of the Cooperative Forestry Assist21 ance Act of 1978 (16 U.S.C. 2103a); 

22 ‘‘(B) another practice plan approved by the 

23 State forester; or 

24 ‘‘(C) another plan determined appropriate 

25 by the Secretary.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

67 

•S 923 IS

1 (b) AVOIDANCE OF DUPLICATION.—Section 

2 1240E(b)(1) of the Food Security Act of 1985 (16 U.S.C. 

3 3839aa–5(b)(1)) is amended by striking ‘‘plan of oper4 ations’’ and inserting ‘‘resource management system 

5 plan’’. 

6 SEC. 1506. DUTIES OF THE SECRETARY. 

7 Section 1240F(2) of the Food Security Act of 1985 

8 (16 U.S.C. 3839aa–6(2)) is amended by striking ‘‘infor9 mation’’ and inserting ‘‘technical assistance, informa10 tion,’’. 

11 SEC. 1507. LIMITATION ON PAYMENTS. 

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

13 U.S.C. 3839aa–7) is amended to read as follows: 

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

15 ‘‘(a) LIMITATION ON TOTAL PAYMENTS.—Subject to 

16 subsection (b), a person or legal entity may not receive, 

17 directly or indirectly, cost-share or incentive payments 

18 under this chapter, in the aggregate, for all contracts en19 tered into under this chapter by the person or entity (ex20 cluding funding arrangements with federally recognized 

21 Native American Indian Tribes or Alaska Native Corpora22 tions under section 1240B(h)), regardless of the number 

23 of contracts entered into under this chapter by the person 

24 or entity, that— 

25 ‘‘(1) during any fiscal year exceed $30,000; and 

mstockstill on DSK4VPTVN1PROD with BILLS

68 

•S 923 IS

1 ‘‘(2) during any five-year period exceed 

2 $150,000. 

3 ‘‘(b) WAIVER AUTHORITY.—In the case of contracts 

4 under this chapter for projects of special environmental 

5 significance, as determined by the Secretary, the Secretary 

6 may waive the limitation otherwise applicable under sub7 section (a)(1). 

8 ‘‘(c) PREVENTION OF DUPLICATION.—The Secretary 

9 shall not approve a contract or provide payments to any 

10 individual for a practice that has already been paid for 

11 as part of a previously approved and completed contract 

12 for any particular parcel of land.’’. 

13 Subtitle G—Conservation 

14 Innovation Grant Program 

15 SEC. 1601. CONSERVATION INNOVATION GRANT PROGRAM. 

16 Chapter 5 of subtitle D of title XII of the Food Secu17 rity Act of 1985 (16 U.S.C. 3839bb et seq.) is amended 

18 by adding at the end the following new section: 

19 ‘‘SEC. 1240S. CONSERVATION INNOVATION GRANT PRO20 GRAM. 

21 ‘‘(a) COMPETITIVE GRANTS FOR INNOVATIVE CON22 SERVATION APPROACHES.—The Secretary shall, for each 

23 of fiscal years 2014 through 2018, carry out a conserva24 tion innovation grant program to encourage innovation in 

mstockstill on DSK4VPTVN1PROD with BILLS

69 

•S 923 IS

1 conservation on private farmland, rangeland, wetlands, 

2 grasslands, and forest lands. 

3 ‘‘(b) USE.—The Secretary shall provide grants under 

4 this section to governmental and non-governmental orga5 nizations and persons, on a competitive basis, to carry out 

6 projects that— 

7 ‘‘(1) develop and test innovative and cost-effec8 tive technologies and practices and methods of con9 servation delivery to address priority resource con10 cerns; 

11 ‘‘(2) involve producers who are eligible for pay12 ments or technical assistance under this title; 

13 ‘‘(3) leverage Federal funds made available to 

14 carry out this section with matching funds provided 

15 by State and local governments and private organi16 zations to promote environmental enhancement and 

17 protection in conjunction with agricultural produc18 tion; 

19 ‘‘(4) ensure efficient and effective transfer of 

20 innovative technologies and approaches dem21 onstrated through projects that receive funding 

22 under this subsection, such as market systems for 

23 pollution reduction and practices for the storage of 

24 carbon in soil; 

mstockstill on DSK4VPTVN1PROD with BILLS

70 

•S 923 IS

1 ‘‘(5) provide environmental and resource con2 servation benefits through increased participation by 

3 producers of specialty crops; 

4 ‘‘(6) provide payments to producers to imple5 ment cost-effective and innovative technologies to 

6 address priority resource concerns related to air 

7 quality from agricultural operations; or 

8 ‘‘(7) provide environmental and resource con9 servation benefits through increased participation by 

10 beginning farmers and ranchers and socially dis11 advantaged farmers and ranchers. 

12 ‘‘(c) EVALUATION CRITERIA.—The Secretary shall 

13 develop criteria for evaluating applications for competitive 

14 grants under this section that will ensure that priority re15 source concerns are effectively addressed.’’. 

16 Subtitle H—Funding and 

17 Administration 

18 SEC. 1701. COMMODITY CREDIT CORPORATION. 

19 (a) IN GENERAL.—Section 1241(a) of the Food Se20 curity Act of 1985 (16 U.S.C. 3841(a)) is amended to 

21 read as follows: 

22 ‘‘(a) IN GENERAL.—For each of fiscal years 2014 

23 through 2018, the Secretary shall use the funds, facilities, 

24 and authorities of the Commodity Credit Corporation to 

mstockstill on DSK4VPTVN1PROD with BILLS

71 

•S 923 IS

1 carry out the following programs under this title (includ2 ing the provision of technical assistance): 

3 ‘‘(1) The conservation reserve program under 

4 subchapter B of chapter 1 of subtitle D, including, 

5 to the maximum extent practicable, $50,000,000 for 

6 the period of fiscal years 2014 through 2018 to 

7 carry out section 1235(f) to facilitate the transfer of 

8 land subject to contracts from retired or retiring 

9 owners and operators to beginning farmers or ranch10 ers and socially disadvantaged farmers or ranchers. 

11 ‘‘(2) The conservation security program under 

12 subchapter A of chapter 2 of subtitle D, using such 

13 sums as are necessary to administer contracts en14 tered into before September 30, 2008. 

15 ‘‘(3) The conservation stewardship program 

16 under subchapter B of chapter 2 of subtitle D. 

17 ‘‘(4) The environmental quality incentives pro18 gram under chapter 4 of subtitle D, using, to the 

19 maximum extent practicable, $1,542,500,000 for 

20 each fiscal year. 

21 ‘‘(5) The conservation innovation grant pro22 gram under section 1240S, using, to the maximum 

23 extent practicable, $100,000,000 for each fiscal 

24 year. 

mstockstill on DSK4VPTVN1PROD with BILLS

72 

•S 923 IS

1 ‘‘(6) The agricultural conservation easement 

2 program under subtitle H, using, to the maximum 

3 extent practicable, $704,000,000 for each fiscal 

4 year, of which not less than 70 percent shall be used 

5 to carry out section 1265C. 

6 ‘‘(7) The conservation loan and loan guarantee 

7 program under section 1246, using, to the maximum 

8 extent practicable, for each fiscal year— 

9 ‘‘(A) $200,000,000 for direct loans; and 

10 ‘‘(B) $150,000,000 for loan guarantees.’’. 

11 (b) GUARANTEED AVAILABILITY OF FUNDS.—Sec12 tion 1241 of the Food Security Act of 1985 (16 U.S.C. 

13 3841) is amended— 

14 (1) by redesignating subsections (b) through (h) 

15 as subsections (c) through (i), respectively; and 

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

18 ‘‘(b) AVAILABILITY OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), amounts made available by subsection (a) 

21 shall be used by the Secretary to carry out the pro22 grams specified in such subsection for fiscal years 

23 2014 through 2018 and shall remain available until 

24 expended. Amounts made available for the programs 

25 specified in such subsection during a fiscal year 

mstockstill on DSK4VPTVN1PROD with BILLS

73 

•S 923 IS

1 through modifications, cancellations, terminations, 

2 and other related administrative actions and not ob3 ligated in that fiscal year shall remain available for 

4 obligation during subsequent fiscal years, but shall 

5 reduce the amount of additional funds made avail6 able in the subsequent fiscal year by an amount 

7 equal to the amount remaining unobligated. 

8 ‘‘(2) CONSERVATION INNOVATION GRANT PRO9 GRAM.—Amounts made available by subsection 

10 (a)(5) for a fiscal year and not obligated in that fis11 cal year shall be made available for the environ12 mental quality incentives program under chapter 4 

13 of subtitle D, and shall remain available until ex14 pended.’’. 

15 (c) TECHNICAL ASSISTANCE.—Section 1241(c) of the 

16 Food Security Act of 1985 (as redesignated by subsection 

17 (b)) is amended to read as follows: 

18 ‘‘(c) TECHNICAL ASSISTANCE.— 

19 ‘‘(1) IN GENERAL.—Commodity Credit Cor20 poration funds made available for a fiscal year for 

21 each of the programs specified in subsection (a)— 

22 ‘‘(A) shall be available for the provision of 

23 technical assistance for the programs for which 

24 funds are made available; and 

mstockstill on DSK4VPTVN1PROD with BILLS

74 

•S 923 IS

1 ‘‘(B) shall not be available for the provi2 sion of technical assistance for conservation 

3 programs specified in subsection (a) other than 

4 the program for which the funds were made 

5 available. 

6 ‘‘(2) AMOUNT.—The amount of funds made 

7 available under paragraph (1) shall in no case equal 

8 less than 10 percent nor more than 30 percent of 

9 the amounts made available by subsection (a).’’. 

10 (d) ASSISTANCE TO CERTAIN FARMERS OR RANCH11 ERS FOR CONSERVATION ACCESS.—Section 1241(h) of 

12 the Food Security Act of 1985 (as redesignated by sub13 section (b)) is amended— 

14 (1) in paragraph (1)— 

15 (A) in the matter preceding subparagraph 

16 (A), by striking ‘‘2012’’ and inserting ‘‘2018’’; 

17 and 

18 (B) in subparagraph (A), by striking ‘‘5’’ 

19 and inserting ‘‘10’’; 

20 (2) in paragraph (2), by inserting ‘‘(but not 

21 earlier than 120 days after the date that funding for 

22 the fiscal year is allocated to the States)’’ after ‘‘the 

23 Secretary’’; 

24 (3) in paragraph (3), by inserting ‘‘(but not 

25 earlier than 120 days after the date that funding for 

mstockstill on DSK4VPTVN1PROD with BILLS

75 

•S 923 IS

1 the fiscal year is allocated to the States)’’ after ‘‘the 

2 Secretary’’; and 

3 (4) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(4) PARTICIPATION BY BEGINNING AND SO6 CIALLY DISADVANTAGED FARMERS AND RANCH7 ERS.—Nothing in this subsection prohibits beginning 

8 or socially disadvantaged farmers or ranchers from 

9 participating in programs and receiving funding 

10 available under this title that is not reserved under 

11 paragraph (1). 

12 ‘‘(5) TECHNICAL ASSISTANCE.—Of the funds 

13 reserved under paragraph (1), the Secretary shall al14 locate to the Natural Resources Conservation Service 

15 funding for technical assistance at a rate that is not 

16 more than 10 percent higher than the rate that 

17 would otherwise apply under the environmental qual18 ity incentives program and the conservation steward19 ship program to allow the Service to provide addi20 tional technical assistance to beginning farmers or 

21 ranchers and socially disadvantaged farmers or 

22 ranchers to establish comprehensive conservation 

23 plans.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

76 

•S 923 IS

1 SEC. 1702. CONSERVATION LOAN AND LOAN GUARANTEE 

2 PROGRAM. 

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

4 1985 (16 U.S.C. 3841 et seq.) is amended by adding at 

5 the end the following new section: 

6 ‘‘SEC. 1246. CONSERVATION LOAN AND LOAN GUARANTEE 

7 PROGRAM. 

8 ‘‘(a) IN GENERAL.—The Secretary may make or 

9 guarantee qualified conservation loans to eligible bor10 rowers under this section. 

11 ‘‘(b) DEFINITIONS.—In this section: 

12 ‘‘(1) QUALIFIED CONSERVATION LOAN.—The 

13 term ‘qualified conservation loan’ means a loan, the 

14 proceeds of which are used to cover the costs to the 

15 borrower of carrying out a qualified conservation 

16 project. 

17 ‘‘(2) QUALIFIED CONSERVATION PROJECT.— 

18 The term ‘qualified conservation project’ means con19 servation measures that address provisions of a com20 prehensive conservation plan of the eligible borrower. 

21 ‘‘(3) CONSERVATION LOAN PLAN.—The term 

22 ‘conservation loan plan’ means a plan, approved by 

23 the Secretary, that, for a farming or ranching oper24 ation, identifies— 

mstockstill on DSK4VPTVN1PROD with BILLS

77 

•S 923 IS

1 ‘‘(A) the conservation activities that will be 

2 addressed with loan funds provided under this 

3 section, including— 

4 ‘‘(i) the installation of conservation 

5 structures to address soil, water, and re6 lated resources; 

7 ‘‘(ii) the establishment of forest cover 

8 for sustained yield timber management, 

9 erosion control, or shelterbelt purposes; 

10 ‘‘(iii) the installation of water con11 servation measures; 

12 ‘‘(iv) the installation of waste manage13 ment systems; 

14 ‘‘(v) the establishment or improve15 ment of permanent pasture; or 

16 ‘‘(vi) other purposes consistent with 

17 the plan, including the adoption of any 

18 other emerging or existing conservation 

19 practices, techniques, or technologies ap20 proved by the Secretary; and 

21 ‘‘(B) how and to what extent the conserva22 tion project will support the implementation of 

23 a comprehensive conservation plan and improve 

24 the conditions of identified priority resource 

25 concerns. 

mstockstill on DSK4VPTVN1PROD with BILLS

78 

•S 923 IS

1 ‘‘(c) ELIGIBLE BORROWERS.— 

2 ‘‘(1) IN GENERAL.—The Secretary may make 

3 or guarantee qualified conservation loans under this 

4 section to— 

5 ‘‘(A) farmers or ranchers engaged pri6 marily and directly in agricultural production in 

7 the United States; or 

8 ‘‘(B) farm cooperatives, private domestic 

9 corporations, partnerships, joint operations, 

10 trusts, or limited liability companies that are— 

11 ‘‘(i) controlled by farmers or ranchers; 

12 and 

13 ‘‘(ii) engaged primarily and directly in 

14 agricultural production in the United 

15 States. 

16 ‘‘(2) CONSERVATION LOAN PLAN.—In order to 

17 be eligible to receive a loan or loan guarantee under 

18 this section, an entity described in paragraph (1) 

19 shall have a conservation loan plan. 

20 ‘‘(d) PRIORITY.—In making or guaranteeing qualified 

21 conservation loans under this section, the Secretary shall 

22 give priority to— 

23 ‘‘(1) qualified beginning farmers or ranchers 

24 and socially disadvantaged farmers or ranchers; 

mstockstill on DSK4VPTVN1PROD with BILLS

79 

•S 923 IS

1 ‘‘(2) owners or tenants who use the loans to 

2 convert to sustainable or organic agricultural pro3 duction systems; 

4 ‘‘(3) producers who use the loans to build con5 servation structures or establish conservation prac6 tices to implement a comprehensive conservation 

7 plan; 

8 ‘‘(4) projects that will do the most to address 

9 priority resource concerns, as specified in a con10 servation loan plan; and 

11 ‘‘(5) projects that are designed to help pro12 ducers comply with, or avoid the need for, local, 

13 State, or Federal regulation. 

14 ‘‘(e) LIMITATIONS APPLICABLE TO LOAN GUARAN15 TEES.—The portion of a qualified conservation loan that 

16 the Secretary may guarantee under this section shall be 

17 not more than 90 percent of the principal amount of the 

18 loan. 

19 ‘‘(f) ADMINISTRATIVE PROVISIONS.— 

20 ‘‘(1) GEOGRAPHIC DISTRIBUTION.—The Sec21 retary shall ensure, to the maximum extent prac22 ticable, that qualified conservation loans made or 

23 guaranteed under this section are distributed across 

24 diverse geographic regions, while still prioritizing 

mstockstill on DSK4VPTVN1PROD with BILLS

80 

•S 923 IS

1 qualified conservation projects with the greatest con2 servation or environmental benefit. 

3 ‘‘(2) AGENCY COOPERATION.—The Secretary 

4 shall ensure proper cooperation between the Natural 

5 Resources Conservation Service, which shall review 

6 and approve comprehensive loan plans and provide 

7 technical assistance for qualified conservation 

8 projects, and the Farm Service Agency, which will 

9 approve and issue loans and loan guarantees under 

10 this section. 

11 ‘‘(3) INTEREST RATES.—The Secretary shall 

12 ensure that a loan made under this section is made 

13 at or below market rate.’’. 

14 Subtitle I—Agricultural 

15 Conservation Easement Program 

16 SEC. 1801. AGRICULTURAL CONSERVATION EASEMENT 

17 PROGRAM. 

18 (a) ESTABLISHMENT.—Title XII of the Food Secu19 rity Act of 1985 is amended by adding at the end the fol20 lowing: 

21 ‘‘Subtitle H—Agricultural 

22 Conservation Easement Program 

23 ‘‘SEC. 1265. ESTABLISHMENT AND PURPOSES. 

24 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab25 lish an agricultural conservation easement program for the 

mstockstill on DSK4VPTVN1PROD with BILLS

81 

•S 923 IS

1 conservation of eligible land and natural resources through 

2 easements or other interests in land. 

3 ‘‘(b) PURPOSES.—The purposes of the program are 

4 to— 

5 ‘‘(1) combine the purposes and coordinate the 

6 functions of the wetlands reserve program estab7 lished under section 1237, the grassland reserve pro8 gram established under section 1238N, and the 

9 farmland protection program established under sec10 tion 1238I, as such sections were in effect on Sep11 tember 30, 2013; 

12 ‘‘(2) restore, protect, and enhance wetland on 

13 eligible land; 

14 ‘‘(3) protect and enhance the agricultural use, 

15 viability, and related conservation values of eligible 

16 land by limiting nonagricultural uses of that land; 

17 and 

18 ‘‘(4) protect grazing uses and related conserva19 tion values by restoring and conserving eligible land. 

20 ‘‘SEC. 1265A. DEFINITIONS. 

21 ‘‘In this subtitle: 

22 ‘‘(1) AGRICULTURAL LAND EASEMENT.—The 

23 term ‘agricultural land easement’ means an ease24 ment or other interest in eligible land that— 

mstockstill on DSK4VPTVN1PROD with BILLS

82 

•S 923 IS

1 ‘‘(A) is conveyed for the purposes of pro2 tecting natural resources and the agricultural 

3 nature of the land, and of promoting agricul4 tural viability for future generations; and 

5 ‘‘(B) permits the landowner the right to 

6 continue agricultural production and related 

7 uses subject to an agricultural land easement 

8 plan. 

9 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) an agency of State or local govern12 ment or an Indian tribe (including a farmland 

13 protection board or land resource council estab14 lished under State law); or 

15 ‘‘(B) an organization that is— 

16 ‘‘(i) organized for, and at all times 

17 since the formation of the organization has 

18 been operated principally for, 1 or more of 

19 the conservation purposes specified in 

20 clause (i), (ii), (iii), or (iv) of section 

21 170(h)(4)(A) of the Internal Revenue Code 

22 of 1986; 

23 ‘‘(ii) an organization described in sec24 tion 501(c)(3) of that Code that is exempt 

mstockstill on DSK4VPTVN1PROD with BILLS

83 

•S 923 IS

1 from taxation under section 501(a) of that 

2 Code; or 

3 ‘‘(iii) described in— 

4 ‘‘(I) paragraph (1) or (2) of sec5 tion 509(a) of that Code; or 

6 ‘‘(II) section 509(a)(3) of that 

7 Code and is controlled by an organiza8 tion described in section 509(a)(2) of 

9 that Code. 

10 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

11 means private or tribal land that is— 

12 ‘‘(A) in the case of an agricultural land 

13 easement, agricultural land, including land on a 

14 farm or ranch— 

15 ‘‘(i) that is subject to a pending offer 

16 for purchase from an eligible entity; 

17 ‘‘(ii) that— 

18 ‘‘(I) has prime, unique, or other 

19 productive soil; 

20 ‘‘(II) contains historical or ar21 chaeological resources; or 

22 ‘‘(III) the protection of which will 

23 further a State or local policy con24 sistent with the purposes of the pro25 gram; and 

mstockstill on DSK4VPTVN1PROD with BILLS

84 

•S 923 IS

1 ‘‘(iii) that is— 

2 ‘‘(I) cropland; 

3 ‘‘(II) rangeland; 

4 ‘‘(III) grassland or land that con5 tains forbs, or shrubland for which 

6 grazing is the predominant use; 

7 ‘‘(IV) pastureland; or 

8 ‘‘(V) nonindustrial private forest 

9 land that contributes to the economic 

10 viability of an offered parcel or serves 

11 as a buffer to protect such land from 

12 development; 

13 ‘‘(B) in the case of a wetland easement, a 

14 wetland or related area, including— 

15 ‘‘(i) farmed or converted wetland, to16 gether with the adjacent land that is func17 tionally dependent on that land, if the Sec18 retary determines it— 

19 ‘‘(I) is likely to be successfully 

20 restored in a cost effective manner; 

21 and 

22 ‘‘(II) will maximize the wildlife 

23 benefits and wetland functions and 

24 values as determined by the Secretary 

mstockstill on DSK4VPTVN1PROD with BILLS

85 

•S 923 IS

1 in consultation with the Secretary of 

2 the Interior at the local level; 

3 ‘‘(ii) cropland or grassland that was 

4 used for agricultural production prior to 

5 flooding from the natural overflow of a 

6 closed basin lake or pothole, as determined 

7 by the Secretary, together (where prac8 ticable) with the adjacent land that is 

9 functionally dependent on the cropland or 

10 grassland; 

11 ‘‘(iii) farmed wetland and adjoining 

12 land that— 

13 ‘‘(I) is enrolled in the conserva14 tion reserve program; 

15 ‘‘(II) has the highest wetland 

16 functions and values; and 

17 ‘‘(III) is likely to return to pro18 duction after the land leaves the con19 servation reserve program; 

20 ‘‘(iv) riparian areas that link wetland 

21 that is protected by easements or some 

22 other device that achieves the same pur23 pose as an easement; or 

24 ‘‘(v) other wetland of an owner that 

25 would not otherwise be eligible, if the Secmstockstill on DSK4VPTVN1PROD with BILLS

86 

•S 923 IS

1 retary determines that the inclusion of 

2 such wetland in such easement would sig3 nificantly add to the functional value of the 

4 easement; or 

5 ‘‘(C) in the case of both an agricultural 

6 land easement or wetland easement, other land 

7 that is incidental to eligible land if the Sec8 retary determines that it is necessary for the ef9 ficient administration of the easements under 

10 this program. 

11 ‘‘(4) PROGRAM.—The term ‘program’ means 

12 the agricultural conservation easement program es13 tablished by this subtitle. 

14 ‘‘(5) WETLAND EASEMENT.—The term ‘wetland 

15 easement’ means a reserved interest in eligible land 

16 that— 

17 ‘‘(A) is defined and delineated in a deed; 

18 and 

19 ‘‘(B) stipulates— 

20 ‘‘(i) the rights, title, and interests in 

21 land conveyed to the Secretary; and 

22 ‘‘(ii) the rights, title, and interests in 

23 land that are reserved to the landowner. 

mstockstill on DSK4VPTVN1PROD with BILLS

87 

•S 923 IS

1 ‘‘SEC. 1265B. AGRICULTURAL LAND EASEMENTS. 

2 ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 

3 shall facilitate and provide funding for— 

4 ‘‘(1) the purchase by eligible entities of agricul5 tural land easements and other interests in eligible 

6 land; and 

7 ‘‘(2) technical assistance to provide for the con8 servation of natural resources pursuant to an agri9 cultural land easement plan. 

10 ‘‘(b) COST-SHARE ASSISTANCE.— 

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

12 cost-share assistance to eligible entities for pur13 chasing agricultural land easements to protect the 

14 agricultural use, including grazing, and related con15 servation values of eligible land. 

16 ‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.— 

17 ‘‘(A) FEDERAL SHARE.—Subject to sub18 paragraph (C), an agreement described in para19 graph (4) shall provide for a Federal share de20 termined by the Secretary of an amount not to 

21 exceed 50 percent of the fair market value of 

22 the agricultural land easement or other interest 

23 in land, as determined by the Secretary using— 

24 ‘‘(i) the Uniform Standards of Profes25 sional Appraisal Practice; 

mstockstill on DSK4VPTVN1PROD with BILLS

88 

•S 923 IS

1 ‘‘(ii) an area-wide market analysis or 

2 survey; or 

3 ‘‘(iii) another industry-approved meth4 od. 

5 ‘‘(B) NON-FEDERAL SHARE.— 

6 ‘‘(i) IN GENERAL.—Subject to sub7 paragraph (C), under the agreement, the 

8 eligible entity shall provide a share that is 

9 at least equivalent to that provided by the 

10 Secretary. 

11 ‘‘(ii) SOURCE OF CONTRIBUTION.—An 

12 eligible entity may include as part of its 

13 share a charitable donation or qualified 

14 conservation contribution (as defined by 

15 section 170(h) of the Internal Revenue 

16 Code of 1986) from the private landowner 

17 if the eligible entity contributes its own 

18 cash resources in an amount that is at 

19 least 50 percent of the amount contributed 

20 by the Secretary. 

21 ‘‘(C) WAIVER AUTHORITY.—In the case of 

22 grassland of special environmental significance, 

23 as determined by the Secretary, the Secretary 

24 may provide up to 75 percent of the fair market 

25 value of the agricultural land easement. 

mstockstill on DSK4VPTVN1PROD with BILLS

89 

•S 923 IS

1 ‘‘(3) EVALUATION AND RANKING OF APPLICA2 TIONS.— 

3 ‘‘(A) CRITERIA.—The Secretary shall es4 tablish evaluation and ranking criteria to maxi5 mize the benefit of Federal investment under 

6 the program. 

7 ‘‘(B) CONSIDERATIONS.—In establishing 

8 the criteria, the Secretary shall emphasize sup9 port for— 

10 ‘‘(i) protecting agricultural uses and 

11 enhancing related conservation values of 

12 the land; and 

13 ‘‘(ii) maximizing the protection of 

14 areas devoted to agricultural use and the 

15 conservation values that can be derived 

16 from the land. 

17 ‘‘(C) PRIORITY.—If the Secretary deter18 mines that the environmental values of two or 

19 more applications for cost-share assistance are 

20 comparable, the Secretary shall assign a higher 

21 priority to a program application which will 

22 achieve the environment and conservation val23 ues using practices and systems the assessed 

24 cost of which is lower. 

25 ‘‘(4) AGREEMENTS WITH ELIGIBLE ENTITIES.— 

mstockstill on DSK4VPTVN1PROD with BILLS

90 

•S 923 IS

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

2 enter into agreements with eligible entities to 

3 stipulate the terms and conditions under which 

4 the eligible entity is permitted to use cost-share 

5 assistance provided under this section. 

6 ‘‘(B) LENGTH OF AGREEMENTS.—An 

7 agreement shall be for a term that is— 

8 ‘‘(i) in the case of an eligible entity 

9 certified under the process described in 

10 paragraph (5), a minimum of 5 years; and 

11 ‘‘(ii) for all other eligible entities, at 

12 least 3, but not more than 5 years. 

13 ‘‘(C) MINIMUM TERMS AND CONDITIONS.— 

14 An eligible entity shall be authorized to use its 

15 own terms and conditions for agricultural land 

16 easements so long as the Secretary determines 

17 such terms and conditions— 

18 ‘‘(i) are consistent with the purposes 

19 of the program; 

20 ‘‘(ii) are permanent or for the max21 imum duration allowed under applicable 

22 State law; 

23 ‘‘(iii) permit effective enforcement of 

24 the conservation purposes of such ease25 ments, including appropriate restrictions 

mstockstill on DSK4VPTVN1PROD with BILLS

91 

•S 923 IS

1 depending on the purposes for which the 

2 easement is acquired; 

3 ‘‘(iv) include a right of enforcement 

4 for the Secretary that may be used if the 

5 terms of the easement are not enforced by 

6 the holder of the easement; 

7 ‘‘(v) subject the land in which such an 

8 interest is purchased to an agricultural 

9 land easement plan that— 

10 ‘‘(I) describes the activities which 

11 promote the long-term viability of the 

12 land to meet the purposes for which 

13 the easement was acquired; 

14 ‘‘(II) requires the management of 

15 grassland according to a grassland 

16 management plan; and 

17 ‘‘(III) includes a comprehensive 

18 conservation plan, and requires, at the 

19 option of the Secretary, the conversion 

20 of highly erodible cropland to less in21 tensive uses; and 

22 ‘‘(vi) include a limit on the impervious 

23 surfaces to be allowed that is consistent 

24 with the purposes of the program under 

25 section 1265(b). 

mstockstill on DSK4VPTVN1PROD with BILLS

92 

•S 923 IS

1 ‘‘(D) SUBSTITUTION OF QUALIFIED

2 PROJECTS.—An agreement shall allow, upon 

3 mutual agreement of the parties, substitution of 

4 qualified projects that are identified at the time 

5 of the proposed substitution. 

6 ‘‘(E) EFFECT OF VIOLATION.—If a viola7 tion occurs of a term or condition of an agree8 ment under this subsection— 

9 ‘‘(i) the Secretary may terminate the 

10 agreement; and 

11 ‘‘(ii) the Secretary may require the el12 igible entity to refund all or part of any 

13 payments received by the entity under the 

14 program, with interest on the payments as 

15 determined appropriate by the Secretary. 

16 ‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 

17 ‘‘(A) CERTIFICATION PROCESS.—The Sec18 retary shall establish a process under which the 

19 Secretary may— 

20 ‘‘(i) directly certify eligible entities 

21 that meet established criteria; 

22 ‘‘(ii) enter into long-term agreements 

23 with certified eligible entities; and 

24 ‘‘(iii) accept proposals for cost-share 

25 assistance for the purchase of agricultural 

mstockstill on DSK4VPTVN1PROD with BILLS

93 

•S 923 IS

1 land easements throughout the duration of 

2 such agreements. 

3 ‘‘(B) CERTIFICATION CRITERIA.—In order 

4 to be certified, an eligible entity shall dem5 onstrate to the Secretary that the entity will 

6 maintain, at a minimum, for the duration of the 

7 agreement— 

8 ‘‘(i) a plan for administering ease9 ments that is consistent with the purpose 

10 of this subtitle; 

11 ‘‘(ii) the capacity and resources to 

12 monitor and enforce agricultural land ease13 ments; and 

14 ‘‘(iii) policies and procedures to en15 sure— 

16 ‘‘(I) the long-term integrity of 

17 agricultural land easements on eligible 

18 land; 

19 ‘‘(II) timely completion of acqui20 sitions of easements; and 

21 ‘‘(III) timely and complete eval22 uation and reporting to the Secretary 

23 on the use of funds provided under 

24 the program. 

25 ‘‘(C) REVIEW AND REVISION.— 

mstockstill on DSK4VPTVN1PROD with BILLS

94 

•S 923 IS

1 ‘‘(i) REVIEW.—The Secretary shall 

2 conduct a review of eligible entities cer3 tified under subparagraph (A) every 3 

4 years to ensure that such entities are 

5 meeting the criteria established under sub6 paragraph (B). 

7 ‘‘(ii) REVOCATION.—If the Secretary 

8 finds that the certified eligible entity no 

9 longer meets the criteria established under 

10 subparagraph (B), the Secretary may— 

11 ‘‘(I) allow the certified eligible 

12 entity a specified period of time, at a 

13 minimum 180 days, in which to take 

14 such actions as may be necessary to 

15 meet the criteria; and 

16 ‘‘(II) revoke the certification of 

17 the eligible entity, if, after the speci18 fied period of time, the certified entity 

19 does not meet such criteria. 

20 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may 

21 provide technical assistance, if requested, to assist in— 

22 ‘‘(1) compliance with the terms and conditions 

23 of easements; and 

24 ‘‘(2) implementation of an agricultural land 

25 easement plan. 

mstockstill on DSK4VPTVN1PROD with BILLS

95 

•S 923 IS

1 ‘‘SEC. 1265C. WETLAND EASEMENTS. 

2 ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 

3 shall provide assistance to owners of eligible land to re4 store, protect, and enhance wetland through— 

5 ‘‘(1) easements and related wetland easement 

6 plans; and 

7 ‘‘(2) technical assistance. 

8 ‘‘(b) EASEMENTS.— 

9 ‘‘(1) METHOD OF ENROLLMENT.—The Sec10 retary shall enroll eligible land through the use of— 

11 ‘‘(A) 30-year easements; 

12 ‘‘(B) permanent easements; 

13 ‘‘(C) easements for the maximum duration 

14 allowed under applicable State laws; or 

15 ‘‘(D) as an option for Indian tribes only, 

16 30-year contracts (which shall be considered to 

17 be 30-year contracts for the purposes of this 

18 subtitle). 

19 ‘‘(2) LIMITATIONS.— 

20 ‘‘(A) INELIGIBLE LAND.—The Secretary 

21 may not acquire wetland easements on— 

22 ‘‘(i) land established to trees under 

23 the conservation reserve program, except in 

24 cases where the Secretary determines it 

25 would further the purposes of the program; 

26 and 

mstockstill on DSK4VPTVN1PROD with BILLS

96 

•S 923 IS

1 ‘‘(ii) farmed wetland or converted wet2 land where the conversion was not com3 menced prior to December 23, 1985. 

4 ‘‘(B) CHANGES IN OWNERSHIP.—No wet5 land easement shall be created on land that has 

6 changed ownership during the preceding 24- 

7 month period unless— 

8 ‘‘(i) the new ownership was acquired 

9 by will or succession as a result of the 

10 death of the previous owner; 

11 ‘‘(ii)(I) the ownership change occurred 

12 because of foreclosure on the land; and 

13 ‘‘(II) immediately before the fore14 closure, the owner of the land exercises a 

15 right of redemption from the mortgage 

16 holder in accordance with State law; or 

17 ‘‘(iii) the Secretary determines that 

18 the land was acquired under circumstances 

19 that give adequate assurances that such 

20 land was not acquired for the purposes of 

21 placing it in the program. 

22 ‘‘(3) EVALUATION AND RANKING OF OFFERS.— 

23 ‘‘(A) CRITERIA.—The Secretary shall es24 tablish evaluation and ranking criteria to maximstockstill on DSK4VPTVN1PROD with BILLS

97 

•S 923 IS

1 mize the benefit of Federal investment under 

2 the program. 

3 ‘‘(B) CONSIDERATIONS.—When evaluating 

4 offers from landowners, the Secretary may con5 sider— 

6 ‘‘(i) the conservation benefits of ob7 taining a wetland easement, including the 

8 potential environmental benefits if the land 

9 was removed from agricultural production; 

10 ‘‘(ii) the cost-effectiveness of each 

11 wetland easement, so as to maximize the 

12 environmental benefits per dollar expended; 

13 ‘‘(iii) whether the landowner or an14 other person is offering to contribute fi15 nancially to the cost of the wetland ease16 ment to leverage Federal funds; and 

17 ‘‘(iv) such other factors as the Sec18 retary determines are necessary to carry 

19 out the purposes of the program. 

20 ‘‘(C) PRIORITY.—The Secretary shall place 

21 priority on acquiring wetland easements based 

22 on the value of the wetland easement for pro23 tecting and enhancing habitat for migratory 

24 birds and other wildlife. 

mstockstill on DSK4VPTVN1PROD with BILLS

98 

•S 923 IS

1 ‘‘(4) AGREEMENT.—To be eligible to place eligi2 ble land into the program through a wetland ease3 ment, the owner of such land shall enter into an 

4 agreement with the Secretary to— 

5 ‘‘(A) grant an easement on such land to 

6 the Secretary; 

7 ‘‘(B) authorize the implementation of a 

8 wetland easement plan; 

9 ‘‘(C) create and record an appropriate 

10 deed restriction in accordance with applicable 

11 State law to reflect the easement agreed to; 

12 ‘‘(D) provide a written statement of con13 sent to such easement signed by those holding 

14 a security interest in the land; 

15 ‘‘(E) comply with the terms and conditions 

16 of the easement and any related agreements; 

17 and 

18 ‘‘(F) permanently retire any existing crop19 land base and allotment history for the land on 

20 which the easement has been obtained. 

21 ‘‘(5) TERMS AND CONDITIONS OF EASEMENT.— 

22 ‘‘(A) IN GENERAL.—A wetland easement 

23 shall include terms and conditions that— 

24 ‘‘(i) permit— 

mstockstill on DSK4VPTVN1PROD with BILLS

99 

•S 923 IS

1 ‘‘(I) repairs, improvements, and 

2 inspections on the land that are nec3 essary to maintain existing public 

4 drainage systems; and 

5 ‘‘(II) owners to control public ac6 cess on the easement areas while iden7 tifying access routes to be used for 

8 restoration activities and management 

9 and easement monitoring; 

10 ‘‘(ii) prohibit— 

11 ‘‘(I) the alteration of wildlife 

12 habitat and other natural features of 

13 such land, unless specifically author14 ized by the Secretary; 

15 ‘‘(II) the spraying of such land 

16 with chemicals or the mowing of such 

17 land, except where such spraying or 

18 mowing is authorized by the Secretary 

19 or is necessary— 

20 ‘‘(aa) to comply with Fed21 eral or State noxious weed con22 trol laws; 

23 ‘‘(bb) to comply with a Fed24 eral or State emergency pest 

25 treatment program; or 

mstockstill on DSK4VPTVN1PROD with BILLS

100 

•S 923 IS

1 ‘‘(cc) to meet habitat needs 

2 of specific wildlife species; 

3 ‘‘(III) any activities to be carried 

4 out on the owner’s or successor’s land 

5 that is immediately adjacent to, and 

6 functionally related to, the land that 

7 is subject to the easement if such ac8 tivities will alter, degrade, or other9 wise diminish the functional value of 

10 the eligible land; and 

11 ‘‘(IV) the adoption of any other 

12 practice that would tend to defeat the 

13 purposes of the program, as deter14 mined by the Secretary; 

15 ‘‘(iii) provide for the efficient and ef16 fective establishment of wetland functions 

17 and values; and 

18 ‘‘(iv) include such additional provi19 sions as the Secretary determines are de20 sirable to carry out the program or facili21 tate the practical administration thereof. 

22 ‘‘(B) VIOLATION.—On the violation of the 

23 terms or conditions of the wetland easement, 

24 the wetland easement shall remain in force and 

25 the Secretary may require the owner to refund 

mstockstill on DSK4VPTVN1PROD with BILLS

101 

•S 923 IS

1 all or part of any payments received by the 

2 owner under the program, together with inter3 est thereon as determined appropriate by the 

4 Secretary. 

5 ‘‘(C) COMPATIBLE USES.—Land subject to 

6 a wetland easement may be used for compatible 

7 economic uses, including such activities as 

8 hunting and fishing, managed timber harvest, 

9 or periodic haying or grazing, if such use is spe10 cifically permitted by the wetland easement plan 

11 and is consistent with the long-term protection 

12 and enhancement of the wetland resources for 

13 which the easement was established. 

14 ‘‘(D) RESERVATION OF GRAZING

15 RIGHTS.—The Secretary may include in the 

16 terms and conditions of a wetland easement a 

17 provision under which the owner reserves graz18 ing rights if— 

19 ‘‘(i) the Secretary determines that the 

20 reservation and use of the grazing rights— 

21 ‘‘(I) is compatible with the land 

22 subject to the easement; 

23 ‘‘(II) is consistent with the his24 torical natural uses of the land and 

25 long-term protection and enhancement 

mstockstill on DSK4VPTVN1PROD with BILLS

102 

•S 923 IS

1 goals for which the easement was es2 tablished; and 

3 ‘‘(III) complies with the wetland 

4 easement plan; and 

5 ‘‘(ii) the agreement provides for a 

6 commensurate reduction in the easement 

7 payment to account for the grazing value, 

8 as determined by the Secretary. 

9 ‘‘(6) COMPENSATION.— 

10 ‘‘(A) DETERMINATION.— 

11 ‘‘(i) IN GENERAL.—The Secretary 

12 shall pay as compensation for a permanent 

13 wetland easement acquired under the pro14 gram an amount necessary to encourage 

15 enrollment in the program based on the 

16 lowest of— 

17 ‘‘(I) the fair market value of the 

18 land, as determined by the Secretary, 

19 using the Uniform Standards of Pro20 fessional Appraisal Practice or an 

21 area-wide market analysis or survey; 

22 ‘‘(II) the amount corresponding 

23 to a geographical cap, as determined 

24 by the Secretary in regulations; or 

mstockstill on DSK4VPTVN1PROD with BILLS

103 

•S 923 IS

1 ‘‘(III) the offer made by the 

2 landowner. 

3 ‘‘(ii) OTHER.—Compensation for a 

4 30-year wetland easement shall be not less 

5 than 50 percent, but not more than 75 

6 percent, of the compensation that would be 

7 paid for a permanent wetland easement. 

8 ‘‘(B) FORM OF PAYMENT.—Compensation 

9 shall be provided by the Secretary in the form 

10 of a cash payment, in an amount determined 

11 under subparagraph (A). 

12 ‘‘(C) PAYMENT SCHEDULE.— 

13 ‘‘(i) EASEMENTS VALUED AT LESS

14 THAN $500,000.—For wetland easements 

15 valued at $500,000 or less, the Secretary 

16 may provide easement payments in not 

17 more than 10 annual payments. 

18 ‘‘(ii) EASEMENTS VALUED AT MORE

19 THAN $500,000.—For wetland easements 

20 valued at more than $500,000, the Sec21 retary may provide easement payments in 

22 at least 5, but not more than 10 annual 

23 payments, except that, if the Secretary de24 termines it would further the purposes of 

mstockstill on DSK4VPTVN1PROD with BILLS

104 

•S 923 IS

1 the program, the Secretary may make a 

2 lump sum payment for such an easement. 

3 ‘‘(c) EASEMENT RESTORATION.— 

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

5 financial assistance to carry out the establishment of 

6 conservation measures and practices and protect 

7 wetland functions and values, including necessary 

8 maintenance activities, as set forth in a wetland 

9 easement plan. 

10 ‘‘(2) PAYMENTS.—The Secretary shall— 

11 ‘‘(A) in the case of a permanent wetland 

12 easement, pay an amount that is not less than 

13 75 percent, but not more than 100 percent, of 

14 the eligible costs as determined by the Sec15 retary; and 

16 ‘‘(B) in the case of a 30-year wetland ease17 ment, pay an amount that is not less than 50 

18 percent, but not more than 75 percent, of the 

19 eligible costs, as determined by the Secretary. 

20 ‘‘(d) TECHNICAL ASSISTANCE.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall assist 

22 owners in complying with the terms and conditions 

23 of easements. 

24 ‘‘(2) CONTRACTS OR AGREEMENTS.—The Sec25 retary may enter into 1 or more contracts with primstockstill on DSK4VPTVN1PROD with BILLS

105 

•S 923 IS

1 vate entities or agreements with a State, non-govern2 mental organization, or Indian tribe to carry out 

3 necessary restoration, enhancement, or maintenance 

4 of a wetland easement if the Secretary determines 

5 that the contract or agreement will advance the pur6 poses of the program. 

7 ‘‘(3) FUNDING.—Not less than 10 percent of 

8 the funds made available to carry out this section 

9 shall be available to provide technical assistance 

10 under this subsection. 

11 ‘‘(e) WETLAND ENHANCEMENT OPTION.—The Sec12 retary may enter into 1 or more agreements with a State 

13 (including a political subdivision or agency of a State), 

14 nongovernmental organization, or Indian tribe to carry out 

15 a special wetland enhancement option that the Secretary 

16 determines would advance the purposes of the program. 

17 ‘‘(f) ADMINISTRATION.— 

18 ‘‘(1) WETLAND EASEMENT PLAN.—The Sec19 retary shall develop a wetland easement plan for eli20 gible land subject to a wetland easement, which will 

21 include the practices and activities necessary to re22 store, protect, enhance, and maintain the enrolled 

23 land. 

24 ‘‘(2) DELEGATION OF EASEMENT ADMINISTRA25 TION.— 

mstockstill on DSK4VPTVN1PROD with BILLS

106 

•S 923 IS

1 ‘‘(A) IN GENERAL.—The Secretary may 

2 delegate any of the easement management, 

3 monitoring, and enforcement responsibilities of 

4 the Secretary to other Federal or State agencies 

5 that have the appropriate authority, expertise 

6 and resources necessary to carry out such dele7 gated responsibilities or to other conservation 

8 organizations if the Secretary determines the 

9 organization has similar expertise and re10 sources. 

11 ‘‘(B) LIMITATION.—The Secretary shall 

12 not delegate any of the monitoring or enforce13 ment responsibilities under the program to con14 servation organizations. 

15 ‘‘(3) PAYMENTS.— 

16 ‘‘(A) TIMING OF PAYMENTS.—The Sec17 retary shall provide payment for obligations in18 curred by the Secretary under this section— 

19 ‘‘(i) with respect to any easement res20 toration obligation as soon as possible after 

21 the obligation is incurred; and 

22 ‘‘(ii) with respect to any annual ease23 ment payment obligation incurred by the 

24 Secretary as soon as possible after October 

25 1 of each calendar year. 

mstockstill on DSK4VPTVN1PROD with BILLS

107 

•S 923 IS

1 ‘‘(B) PAYMENTS TO OTHERS.—If an owner 

2 who is entitled to a payment dies, becomes in3 competent, is otherwise unable to receive such 

4 payment, or is succeeded by another person or 

5 entity who renders or completes the required 

6 performance, the Secretary shall make such 

7 payment, in accordance with regulations pre8 scribed by the Secretary and without regard to 

9 any other provision of law, in such manner as 

10 the Secretary determines is fair and reasonable 

11 in light of all of the circumstances. 

12 ‘‘(g) WETLANDS RESERVE ENHANCEMENT PRO13 GRAM.— 

14 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary 

15 may enter into 1 or more agreements with a State 

16 (including a political subdivision or agency of a 

17 State), nongovernmental organization, or Indian 

18 tribe to carry out a special wetlands reserve en19 hancement program that the Secretary determines 

20 would advance the purposes of this section. 

21 ‘‘(2) RESERVED RIGHTS PILOT PROGRAM.— 

22 ‘‘(A) RESERVATION OF GRAZING AND

23 HAYING RIGHTS.—As part of the wetlands re24 serve enhancement program, the Secretary shall 

25 carry out a pilot program for land in which a 

mstockstill on DSK4VPTVN1PROD with BILLS

108 

•S 923 IS

1 landowner may reserve grazing and haying 

2 rights in the warranty easement deed restriction 

3 if the Secretary determines that the reservation 

4 and use of the grazing rights— 

5 ‘‘(i) is compatible with the land sub6 ject to the easement; 

7 ‘‘(ii) is consistent with the long-term 

8 wetland protection and enhancement goals 

9 for which the easement was established; 

10 and 

11 ‘‘(iii) complies with a comprehensive 

12 conservation plan. 

13 ‘‘(B) DURATION.—The pilot program es14 tablished under this paragraph shall terminate 

15 on September 30, 2018. 

16 ‘‘SEC. 1265D. ADMINISTRATION. 

17 ‘‘(a) INELIGIBLE LAND.—The Secretary may not ac18 quire an easement under the program on— 

19 ‘‘(1) land owned by an agency of the United 

20 States, other than land held in trust for Indian 

21 tribes; 

22 ‘‘(2) land owned in fee title by a State, includ23 ing an agency or a subdivision of a State, or a unit 

24 of local government; 

mstockstill on DSK4VPTVN1PROD with BILLS

109 

•S 923 IS

1 ‘‘(3) land subject to an easement or deed re2 striction which, as determined by the Secretary, pro3 vides similar protection as would be provided by en4 rollment in the program; and 

5 ‘‘(4) land where the purposes of the program 

6 would be undermined due to on-site or off-site condi7 tions, such as risk of hazardous substances, pro8 posed or existing rights of way, infrastructure devel9 opment, or adjacent land uses. 

10 ‘‘(b) PRIORITY.—In evaluating applications under the 

11 program, the Secretary may give priority to land that is 

12 currently enrolled in the conservation reserve program in 

13 a contract that is set to expire within 1 year and— 

14 ‘‘(1) in the case of an agricultural land ease15 ment, is grassland that would benefit from protec16 tion under a long-term easement; and 

17 ‘‘(2) in the case of a wetland easement, is a 

18 wetland or related area with the highest functions 

19 and values and is likely to return to production after 

20 the land leaves the conservation reserve program. 

21 ‘‘(c) SUBORDINATION, EXCHANGE, MODIFICATION, 

22 AND TERMINATION.— 

23 ‘‘(1) IN GENERAL.—The Secretary may subor24 dinate, exchange, terminate, or modify any interest 

25 in land, or portion of such interest, administered by 

mstockstill on DSK4VPTVN1PROD with BILLS

110 

•S 923 IS

1 the Secretary, either directly or on behalf of the 

2 Commodity Credit Corporation under the program 

3 when the Secretary determines that— 

4 ‘‘(A) it is in the Federal Government’s in5 terest to subordinate, exchange, modify or ter6 minate the interest in land; 

7 ‘‘(B) the subordination, exchange, modi8 fication, or termination action— 

9 ‘‘(i) will address a compelling public 

10 need for which there is no practicable al11 ternative, or 

12 ‘‘(ii) such action will further the prac13 tical administration of the program; and 

14 ‘‘(C) the subordination, exchange, modi15 fication, or termination action will result in 

16 comparable conservation value and equivalent 

17 or greater economic value to the United States. 

18 ‘‘(2) CONSULTATION.—The Secretary shall 

19 work with the owner, and eligible entity if applicable, 

20 to address any subordination, exchange, termination, 

21 or modification of the interest, or portion of such in22 terest in land. 

23 ‘‘(3) NOTICE.—At least 90 days before taking 

24 any termination action described in paragraph (1), 

25 the Secretary shall provide written notice of such acmstockstill on DSK4VPTVN1PROD with BILLS

111 

•S 923 IS

1 tion to the Committee on Agriculture of the House 

2 of Representatives and the Committee on Agri3 culture, Nutrition, and Forestry of the Senate. 

4 ‘‘(d) LAND ENROLLED IN OTHER PROGRAMS.— 

5 ‘‘(1) CONSERVATION RESERVE PROGRAM.—The 

6 Secretary may terminate or modify a contract en7 tered into under section 1231(a) if eligible land that 

8 is subject to such contract is transferred into the 

9 program. 

10 ‘‘(2) OTHER.—Land enrolled in the wetlands 

11 reserve program, grassland reserve program, or 

12 farmland protection program, as such programs 

13 were in effect on September 30, 2013, shall be con14 sidered enrolled in this program. 

15 ‘‘(e) ALLOCATION OF FUNDS FOR AGRICULTURAL

16 LAND EASEMENTS.—Of the funds made available under 

17 section 1241 to carry out the program for a fiscal year, 

18 the Secretary shall, to the extent practicable, use no less 

19 than 40 percent for agricultural land easements.’’. 

20 (b) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 

21 Before an eligible entity or owner of eligible land may re22 ceive assistance under subtitle H of title XII of the Food 

23 Security Act of 1985, the eligible entity or person shall 

24 agree, during the crop year for which the assistance is pro25 vided and in exchange for the assistance— 

mstockstill on DSK4VPTVN1PROD with BILLS

112 

•S 923 IS

1 (1) to comply with applicable conservation re2 quirements under subtitle B of title XII of that Act 

3 (16 U.S.C. 3811 et seq.); and 

4 (2) to comply with applicable wetland protection 

5 requirements under subtitle C of title XII of that 

6 Act (16 U.S.C. 3821 et seq.). 

7 (c) CROSS REFERENCE.—Section 1244 of the Food 

8 Security Act of 1985 (16 U.S.C. 3844) is amended— 

9 (1) in subsection (c)— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘and’’ at the end of 

12 subparagraph (A); 

13 (ii) by striking ‘‘and’’ at the end of 

14 subparagraph (B); and 

15 (iii) by striking subparagraph (C); 

16 (B) by redesignating paragraph (2) as 

17 paragraph (3); and 

18 (C) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) the agricultural conservation easement 

21 program established under subtitle H; and’’; and 

22 (2) in subsection (f)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A), by striking 

25 ‘‘programs administered under subchapters 

mstockstill on DSK4VPTVN1PROD with BILLS

113 

•S 923 IS

1 B and C of chapter 1 of subtitle D’’ and 

2 inserting ‘‘conservation reserve program 

3 established under subchapter B of chapter 

4 1 of subtitle D and the agricultural con5 servation easement program under subtitle 

6 H using wetland easements under section 

7 1265C’’; and 

8 (ii) in subparagraph (B), by striking 

9 ‘‘subchapter C of chapter 1 of subtitle D’’ 

10 and inserting ‘‘the agricultural conserva11 tion easement program under subtitle H 

12 using wetland easements under section 

13 1265C’’; and 

14 (B) in paragraph (4), by striking ‘‘sub15 chapter C’’ and inserting ‘‘subchapter B’’. 

16 Subtitle J—Regional Conservation 

17 Partnership Program 

18 SEC. 1901. REGIONAL CONSERVATION PARTNERSHIP PRO19 GRAM. 

20 Title XII of the Food Security Act of 1985 is amend21 ed by inserting after subtitle H (as added by section 1801) 

22 the following: 

mstockstill on DSK4VPTVN1PROD with BILLS

114 

•S 923 IS

1 ‘‘Subtitle I—Regional Conservation 

2 Partnership Program 

3 ‘‘SEC. 1271. ESTABLISHMENT AND PURPOSES. 

4 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab5 lish a regional conservation partnership program to imple6 ment eligible activities through— 

7 ‘‘(1) partnership agreements with eligible part8 ners; and 

9 ‘‘(2) contracts with producers enrolled in a cov10 ered program. 

11 ‘‘(b) PURPOSES.—The purposes of the program 

12 are— 

13 ‘‘(1) to combine the purposes and coordinate 

14 the functions of the agricultural water enhancement 

15 program established under section 1240I, the Chesa16 peake Bay watershed program established under sec17 tion 1240Q, the cooperative conservation partnership 

18 initiative established under section 1243, and the 

19 Great Lakes basin program for soil erosion and sedi20 ment control established under section 1240P, as 

21 such sections were in effect on September 30, 2013; 

22 ‘‘(2) to enhance priority resource concerns on 

23 agricultural and nonindustrial private forest lands, 

24 including ground and surface water associated with 

25 such lands; 

mstockstill on DSK4VPTVN1PROD with BILLS

115 

•S 923 IS

1 ‘‘(3) to encourage cooperation among partners 

2 and producers to— 

3 ‘‘(A) address priority resource concerns in4 volving agricultural and nonindustrial private 

5 forest lands on a local, State, multi-state, or re6 gional level; 

7 ‘‘(B) encourage producers to cooperate in 

8 achieving the goals of applicable Federal, State, 

9 and local natural resource and environmental 

10 laws, thereby avoiding the need for additional 

11 regulatory measures to be applied to owners 

12 and operators of agricultural and nonindustrial 

13 private forest land; 

14 ‘‘(C) encourage producers to cooperate in 

15 the installation and maintenance of conserva16 tion activities, practices, systems, and manage17 ment measures that affect multiple agricultural 

18 or nonindustrial private forest operations for 

19 the purpose of achieving landscape-level im20 provement of priority resource concerns; 

21 ‘‘(D) promote the development and dem22 onstration of innovative conservation activities, 

23 practices, systems, and management measures 

24 to deliver technical, financial, and educational 

25 assistance; and 

mstockstill on DSK4VPTVN1PROD with BILLS

116 

•S 923 IS

1 ‘‘(E) promote ground and surface water 

2 conservation and improve water quality through 

3 efforts on agricultural land, including— 

4 ‘‘(i) water quality or water conserva5 tion planning, including resource condition 

6 assessment and modeling; 

7 ‘‘(ii) performance measurement and 

8 management to reduce nutrient loss; 

9 ‘‘(iii) water quality or water conserva10 tion restoration or enhancement projects; 

11 ‘‘(iv) in the case of nutrient-impacted 

12 watersheds, prioritization of nutrient loss 

13 reduction as a conservation goal; 

14 ‘‘(v) activities designed to mitigate the 

15 effects of damaging drought or precipita16 tion; or 

17 ‘‘(vi) related activities that the Sec18 retary determines will help achieve water 

19 quality or water conservation benefits on 

20 agricultural land; 

21 ‘‘(4) to encourage producers to cooperate in the 

22 installation and maintenance of conservation activi23 ties, practices, systems, and management measures 

24 that provide climate change benefits, including in25 creasing resilience to rising temperatures, extreme 

mstockstill on DSK4VPTVN1PROD with BILLS

117 

•S 923 IS

1 weather events, and related climate changes while 

2 reducing greenhouse gas emissions; 

3 ‘‘(5) to improve the capacity of regional, state 

4 or local partners to deliver assistance to producers 

5 that is effective in addressing priority resource con6 cerns; and 

7 ‘‘(6) to implement the partnership in such a 

8 way that encourages producers to achieve assessed 

9 conservation outcomes and allows them to receive 

10 payments and technical assistance linked to levels of 

11 those outcomes. 

12 ‘‘SEC. 1271A. DEFINITIONS. 

13 ‘‘In this subtitle: 

14 ‘‘(1) COVERED PROGRAMS.—The term ‘covered 

15 programs’ means all conservation programs under 

16 subtitle D. 

17 ‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible 

18 activity’ means any of the following conservation ac19 tivities when delivered through a covered program: 

20 ‘‘(A) Water quality restoration or enhance21 ment projects, including nutrient management 

22 and sediment reduction. 

23 ‘‘(B) Water quantity conservation, restora24 tion, or enhancement projects relating to surmstockstill on DSK4VPTVN1PROD with BILLS

118 

•S 923 IS

1 face water and groundwater resources, includ2 ing— 

3 ‘‘(i) the conversion of irrigated crop4 land to the production of less water-inten5 sive agricultural commodities or dryland 

6 farming; and 

7 ‘‘(ii) irrigation system improvement 

8 and irrigation efficiency enhancement. 

9 ‘‘(C) Drought mitigation. 

10 ‘‘(D) Flood prevention. 

11 ‘‘(E) Water retention. 

12 ‘‘(F) Habitat conservation, restoration, 

13 and enhancement. 

14 ‘‘(G) Erosion control. 

15 ‘‘(H) Other related activities that the Sec16 retary determines will help achieve conservation 

17 benefits. 

18 ‘‘(3) ELIGIBLE PARTNER.—The term ‘eligible 

19 partner’ means any of the following: 

20 ‘‘(A) An agricultural or silvicultural pro21 ducer association or other group of producers. 

22 ‘‘(B) A State or unit of local government. 

23 ‘‘(C) An Indian tribe. 

24 ‘‘(D) A farmer cooperative. 

25 ‘‘(E) An institution of higher education. 

mstockstill on DSK4VPTVN1PROD with BILLS

119 

•S 923 IS

1 ‘‘(F) A nongovernmental organization with 

2 an established history of working cooperatively 

3 with producers to effectively address priority re4 source concerns related to agricultural produc5 tion and nonindustrial private forest land or 

6 with demonstrated technical capabilities that 

7 would substantially increase the success of the 

8 program. 

9 ‘‘(4) PARTNERSHIP AGREEMENT.—The term 

10 ‘partnership agreement’ means an agreement be11 tween the Secretary and an eligible partner. 

12 ‘‘(5) PROGRAM.—The term ‘program’ means 

13 the regional conservation partnership program estab14 lished by this subtitle. 

15 ‘‘SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS. 

16 ‘‘(a) PARTNERSHIP AGREEMENTS AUTHORIZED.— 

17 The Secretary may enter into a partnership agreement 

18 with an eligible partner to implement a project that will 

19 assist producers with installing and maintaining an eligi20 ble activity. 

21 ‘‘(b) LENGTH.—A partnership agreement shall be for 

22 a period not to exceed 5 years, except that the Secretary 

23 may extend the agreement 1 time for up to 12 months 

24 when an extension is necessary to meet the objectives of 

25 the program. 

mstockstill on DSK4VPTVN1PROD with BILLS

120 

•S 923 IS

1 ‘‘(c) DUTIES OF PARTNERS.— 

2 ‘‘(1) IN GENERAL.—Under a partnership agree3 ment, the eligible partner shall— 

4 ‘‘(A) define the scope of a project, includ5 ing— 

6 ‘‘(i) the eligible activities to be imple7 mented; 

8 ‘‘(ii) the potential agricultural or non9 industrial private forest operations af10 fected; 

11 ‘‘(iii) the local, State, multi-State, or 

12 other geographic area covered; and 

13 ‘‘(iv) the planning, outreach, imple14 mentation, and assessment to be con15 ducted; 

16 ‘‘(B) conduct outreach and education to 

17 producers for potential participation in the 

18 project; 

19 ‘‘(C) at the request of a producer, act on 

20 behalf of a producer participating in the project 

21 in applying for assistance under section 1271C; 

22 ‘‘(D) leverage financial or technical assist23 ance provided by the Secretary with additional 

24 funds to help achieve the project objectives; 

mstockstill on DSK4VPTVN1PROD with BILLS

121 

•S 923 IS

1 ‘‘(E) if proposed by the partner and ap2 proved by the Secretary, provide technical as3 sistance to producers participating in the 

4 project; 

5 ‘‘(F) conduct an assessment of the 

6 project’s effects; and 

7 ‘‘(G) at the conclusion of the project, re8 port to the Secretary on its results and funds 

9 leveraged. 

10 ‘‘(2) CONTRIBUTION.—A partner shall provide 

11 a significant portion of the overall costs of the scope 

12 of the project, as determined by the Secretary. 

13 ‘‘(d) APPLICATIONS.— 

14 ‘‘(1) COMPETITIVE PROCESS.—The Secretary 

15 shall conduct a competitive process to select applica16 tions for partnership agreements and may assess 

17 and rank applications with similar conservation pur18 poses as a group. 

19 ‘‘(2) CRITERIA USED.—In carrying out the 

20 process described in paragraph (1), the Secretary 

21 shall make public the criteria used in evaluating ap22 plications. 

23 ‘‘(3) CONTENT.—An application to the Sec24 retary shall include a description of— 

mstockstill on DSK4VPTVN1PROD with BILLS

122 

•S 923 IS

1 ‘‘(A) the scope of the project, as described 

2 in subsection (c)(1)(A); 

3 ‘‘(B) the plan for monitoring, evaluating, 

4 and reporting on progress made towards achiev5 ing the project’s objectives; 

6 ‘‘(C) the program resources requested for 

7 the project, including the covered programs to 

8 be used and estimated funding needed from the 

9 Secretary; 

10 ‘‘(D) the resources requested under section 

11 1271C(c)(4); 

12 ‘‘(E) the partners collaborating to achieve 

13 project objectives, including their roles, respon14 sibilities, capabilities, and financial contribu15 tion; and 

16 ‘‘(F) any other elements the Secretary con17 siders necessary to adequately evaluate and 

18 competitively select applications for funding 

19 under the program. 

20 ‘‘(4) APPLICATION PRIORITY.—The Secretary 

21 shall give a higher priority to applications that dem22 onstrate the greatest potential to— 

23 ‘‘(A) have a high percentage of producers 

24 involved and of the agricultural or nonindustrial 

mstockstill on DSK4VPTVN1PROD with BILLS

123 

•S 923 IS

1 private forest land included in the area covered 

2 by the agreement; 

3 ‘‘(B) assist producers in meeting the goals 

4 and objectives of Federal environmental and 

5 natural resource laws and regulations; 

6 ‘‘(C) significantly leverage non-Federal fi7 nancial and technical resources and coordinate 

8 with other local, State, regional, or national ef9 forts; 

10 ‘‘(D) deliver high percentages of applied 

11 conservation to address water quality, water 

12 conservation, or other State, regional, or na13 tional priority resource concerns; 

14 ‘‘(E) provide innovation in conservation 

15 methods and delivery, including outcome-based 

16 performance measures and methods; 

17 ‘‘(F) identify producers participating in the 

18 project, on whose behalf the partner is apply19 ing; 

20 ‘‘(G) advance conservation and rural com21 munity development goals simultaneously; 

22 ‘‘(H) assist producers in States with sig23 nificant water quantity concerns; or 

mstockstill on DSK4VPTVN1PROD with BILLS

124 

•S 923 IS

1 ‘‘(I) meet other factors that are important 

2 for achieving the purposes of the program, as 

3 determined by the Secretary. 

4 ‘‘SEC. 1271C. ASSISTANCE TO PRODUCERS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall enter into 

6 contracts to provide financial and technical assistance 

7 to— 

8 ‘‘(1) producers participating in an eligible activ9 ity with an eligible partner; or 

10 ‘‘(2) producers participating in an eligible activ11 ity in a critical conservation area designated under 

12 section 1271F without an eligible partner. 

13 ‘‘(b) TERMS AND CONDITIONS.— 

14 ‘‘(1) COMPLIANCE WITH COVERED PROGRAM

15 RULES.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), the Secretary shall ensure 

18 that the terms and conditions of a contract 

19 under this section are consistent with the appli20 cable rules of the covered programs to be used 

21 as part of the project, as described in the appli22 cation under section 1271B(d)(3)(C). 

23 ‘‘(B) ADJUSTMENTS.—Except for statu24 tory program requirements governing appeals, 

25 payment limitations, and conservation complimstockstill on DSK4VPTVN1PROD with BILLS

125 

•S 923 IS

1 ance, the Secretary may adjust the discre2 tionary program rules of a covered program— 

3 ‘‘(i) to provide a simplified application 

4 and evaluation process; 

5 ‘‘(ii) to better reflect unique local cir6 cumstances and purposes if the Secretary 

7 determines such adjustments are necessary 

8 to achieve the purposes of the proposed 

9 project; 

10 ‘‘(iii) to better link technical and fi11 nancial assistance to assessed conservation 

12 outcomes; and 

13 ‘‘(iv) to increase the improvement in 

14 priority resource concerns achieved by the 

15 proposed project. 

16 ‘‘(2) ALTERNATIVE FUNDING ARRANGE17 MENTS.— 

18 ‘‘(A) IN GENERAL.—For the purposes of 

19 providing assistance for a critical conservation 

20 areas designated under section 1271F, the Sec21 retary may enter into alternative funding ar22 rangements with a multistate water resource 

23 agency or authority if— 

24 ‘‘(i) the Secretary determines that the 

25 goals and objectives of the program will be 

mstockstill on DSK4VPTVN1PROD with BILLS

126 

•S 923 IS

1 met by the alternative funding arrange2 ments; 

3 ‘‘(ii) the agency or authority certifies 

4 that the limitations established under this 

5 section on agreements with individual pro6 ducers will not be exceeded; and 

7 ‘‘(iii) all participating producers meet 

8 applicable payment eligibility provisions. 

9 ‘‘(B) CONDITIONS.—As a condition on re10 ceipt of funding under subparagraph (A), the 

11 multistate water resource agency or authority 

12 shall agree— 

13 ‘‘(i) to submit an annual independent 

14 audit to the Secretary that describes the 

15 use of funds under this paragraph; 

16 ‘‘(ii) to provide any data necessary for 

17 the Secretary to issue a report on the use 

18 of funds under this paragraph; and 

19 ‘‘(iii) not to use any funds for admin20 istration or contracting with another enti21 ty. 

22 ‘‘(C) LIMITATION.—The Secretary may 

23 enter into not more than 10 alternative funding 

24 arrangements under this paragraph. 

25 ‘‘(c) PAYMENTS.— 

mstockstill on DSK4VPTVN1PROD with BILLS

127 

•S 923 IS

1 ‘‘(1) IN GENERAL.—In accordance with statu2 tory requirements of the covered programs involved, 

3 the Secretary may make payments to a producer in 

4 an amount determined by the Secretary to be nec5 essary to achieve the purposes of the program. 

6 ‘‘(2) PAYMENTS TO CERTAIN PRODUCERS.—The 

7 Secretary may provide payments for a period of 5 

8 years— 

9 ‘‘(A) to producers participating in a 

10 project that addresses water quantity concerns 

11 and in an amount sufficient to encourage con12 version from irrigated to dryland farming; and 

13 ‘‘(B) to producers participating in a 

14 project that addresses water quality concerns 

15 and in an amount sufficient to encourage adop16 tion of conservation practices and systems that 

17 improve nutrient management. 

18 ‘‘(3) WAIVER AUTHORITY.—To assist in the im19 plementation of the program, the Secretary may 

20 waive the applicability of the limitation in section 

21 1001D(b)(2) of this Act for participating producers 

22 if the Secretary determines that the waiver is nec23 essary to fulfill the objectives of the program. 

24 ‘‘(4) PAYMENTS TO PARTNERS.—The Secretary 

25 shall provide, directly or through cooperative and 

mstockstill on DSK4VPTVN1PROD with BILLS

128 

•S 923 IS

1 contribution agreements with partners, financial as2 sistance to such partners to complete tasks essential 

3 to the success of the project which may include nat4 ural resource assessment and planning, outreach to 

5 producers, monitoring, technical assistance, and 

6 evaluation of project progress and other such essen7 tial tasks as determined by the Secretary. 

8 ‘‘SEC. 1271D. FUNDING. 

9 ‘‘(a) AVAILABILITY OF FUNDS.—The Secretary shall 

10 use $100,000,000 of the funds of the Commodity Credit 

11 Corporation for each of fiscal years 2014 through 2018 

12 to carry out the program established under this subtitle. 

13 ‘‘(b) DURATION OF AVAILABILITY.—Funds made 

14 available under subsection (a) shall remain available until 

15 expended. 

16 ‘‘(c) ADDITIONAL FUNDING AND ACRES.— 

17 ‘‘(1) IN GENERAL.—In addition to the funds 

18 made available under subsection (a), the Secretary 

19 shall reserve at least 8 percent of the funds and 

20 acres made available for a covered program for each 

21 of fiscal years 2014 through 2018 in order to ensure 

22 additional resources are available to provide tech23 nical and financial assistance to producers to carry 

24 out this program. 

mstockstill on DSK4VPTVN1PROD with BILLS

129 

•S 923 IS

1 ‘‘(2) ASSISTANCE TO PARTNERS.—The Sec2 retary shall reserve at least 10 percent of the fund3 ing provided in subsection (a) to provide payments 

4 to partners. 

5 ‘‘(3) UNUSED FUNDS AND ACRES.— 

6 ‘‘(A) RETURN.—Any funds or acres re7 served under paragraph (1) of this section for 

8 a fiscal year from a covered program that are 

9 not obligated under this program by April 1 of 

10 that fiscal year shall be returned for use under 

11 the covered program or redirected to support 

12 unfunded applications within the geographic 

13 areas of approved partnership agreements. 

14 ‘‘(B) REALLOCATION.—Any funds reserved 

15 under paragraph (2) of this section for a fiscal 

16 year that are not obligated under this program 

17 by April 1 of that fiscal year shall be reallo18 cated to partners demonstrating the highest 

19 level of performance in achieving the objectives 

20 of the program. 

21 ‘‘(d) ALLOCATION OF FUNDING.—Of the funds and 

22 acres made available for the program under subsections 

23 (a) and (c), the Secretary shall allocate— 

24 ‘‘(1) 40 percent of the funds and acres to 

25 projects based on a State competitive process adminmstockstill on DSK4VPTVN1PROD with BILLS

130 

•S 923 IS

1 istered by the State conservationist, with the advice 

2 of the State technical committee; and 

3 ‘‘(2) 60 percent of the funds and acres to 

4 projects based on a national competitive process to 

5 be established by the Secretary, of which 60 percent 

6 shall be reserved for the critical conservation areas 

7 designated under section 1271F. 

8 ‘‘SEC. 1271E. ADMINISTRATION. 

9 ‘‘(a) DISCLOSURE.—The Secretary shall make pub10 licly available information on projects selected through the 

11 competitive process described in section 1271B(d)(1). 

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

13 2013, and every 2 years thereafter, the Secretary shall 

14 submit to the Committee on Agriculture of the House of 

15 Representatives and the Committee on Agriculture, Nutri16 tion, and Forestry of the Senate a report on the status 

17 of projects funded under the program, including— 

18 ‘‘(1) the number and types of partners and pro19 ducers participating in the partnership agreements 

20 selected; 

21 ‘‘(2) the number of producers receiving assist22 ance; 

23 ‘‘(3) total funding committed to projects, in24 cluding Federal and non-Federal resources; and 

mstockstill on DSK4VPTVN1PROD with BILLS

131 

•S 923 IS

1 ‘‘(4) a description of how funds are being ad2 ministered under section 1271B, including— 

3 ‘‘(A) any oversight mechanisms that the 

4 Secretary has implemented; 

5 ‘‘(B) the process through which the Sec6 retary is resolving appeals by program partici7 pants; and 

8 ‘‘(C) the means by which the Secretary is 

9 tracking adherence to any applicable provisions 

10 for payment eligibility. 

11 ‘‘(c) EVALUATION.—Partners shall provide to the 

12 Secretary— 

13 ‘‘(1) annual performance reports; 

14 ‘‘(2) at the end of each multi-year project, a 

15 performance report that describes— 

16 ‘‘(A) the progress that has been made to17 wards attainment of conservation objectives and 

18 landscape-scale conservation outcomes; 

19 ‘‘(B) the methods that have been used to 

20 measure progress being made toward attain21 ment of conservation objectives and landscape22 scale conservation outcomes; 

23 ‘‘(C) the number of producers who partici24 pated; and 

mstockstill on DSK4VPTVN1PROD with BILLS

132 

•S 923 IS

1 ‘‘(D) the conservation practices adopted 

2 and the frequency of adoption. 

3 ‘‘SEC. 1271F. CRITICAL CONSERVATION AREAS. 

4 ‘‘(a) IN GENERAL.—When administering the funding 

5 reserved for critical conservation areas under section 

6 1271D(d)(2), the Secretary shall select applications for 

7 partnership agreements and producer contracts within 

8 critical conservation areas designated under this section. 

9 ‘‘(b) CRITICAL CONSERVATION AREA DESIGNA10 TIONS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall des12 ignate up to 6 geographical areas as critical con13 servation areas based on the degree to which an 

14 area— 

15 ‘‘(A) includes multiple States with signifi16 cant agricultural production; 

17 ‘‘(B) is covered by an existing regional, 

18 State, binational, or multistate agreement or 

19 plan that has established objectives, goals, and 

20 work plans and is adopted by a Federal, State, 

21 or regional authority; 

22 ‘‘(C) has water quality concerns, including 

23 concerns for reducing erosion, promoting sedi24 ment control, and addressing nutrient managemstockstill on DSK4VPTVN1PROD with BILLS

133 

•S 923 IS

1 ment activities affecting large bodies of water of 

2 regional, national, or international significance; 

3 ‘‘(D) has water quantity concerns, includ4 ing— 

5 ‘‘(i) concerns for groundwater, surface 

6 water, aquifer, or other water sources; or 

7 ‘‘(ii) a need to promote water reten8 tion and flood prevention; 

9 ‘‘(E) is subject to regulatory requirements 

10 that could reduce the economic scope of agricul11 tural operations within the area; or 

12 ‘‘(F) is recognized as vital habitat for mi13 grating wildlife. 

14 ‘‘(2) EXPIRATION.—Critical conservation area 

15 designations under this section shall expire after 5 

16 years, subject to redesignation, except that the Sec17 retary may withdraw designation from an area if the 

18 Secretary finds the area no longer meets the condi19 tions described in paragraph (1). 

20 ‘‘(c) ADMINISTRATION.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), the Secretary shall administer any part23 nership agreement or producer contract under this 

24 section in a manner that is consistent with the terms 

25 of the program. 

mstockstill on DSK4VPTVN1PROD with BILLS

134 

•S 923 IS

1 ‘‘(2) RELATIONSHIP TO EXISTING ACTIVITY.— 

2 The Secretary shall, to the maximum extent prac3 ticable, ensure that eligible activities carried out in 

4 critical conservation areas designated under this sec5 tion complement and are consistent with other Fed6 eral and State programs and water quality and 

7 quantity strategies.’’. 

8 TITLE II—CROP INSURANCE AND 

9 DISASTER ASSISTANCE 

10 SEC. 2001. INELIGIBILITY FOR FEDERAL CROP INSURANCE, 

11 NONINSURED CROP DISASTER ASSISTANCE, 

12 AND CERTAIN PAYMENTS BECAUSE OF CROP 

13 PRODUCTION ON NATIVE SOD. 

14 (a) FEDERAL CROP INSURANCE ACT AMENDMENT.— 

15 Section 508(o) of the Federal Crop Insurance Act (7 

16 U.S.C. 1508(o)) is amended— 

17 (1) in paragraph (1)(B), by inserting ‘‘, or the 

18 producer cannot substantiate that the ground has 

19 ever been tilled,’’ after ‘‘tilled’’; 

20 (2) in paragraph (2)(A), by striking ‘‘for bene21 fits under—’’ and all that follows through the period 

22 at the end and inserting ‘‘for— 

23 ‘‘(i) a portion of crop insurance pre24 mium subsidies under this subtitle in ac25 cordance with paragraph (3); 

mstockstill on DSK4VPTVN1PROD with BILLS

135 

•S 923 IS

1 ‘‘(ii) benefits under section 196 of the 

2 Federal Agriculture Improvement and Re3 form Act of 1996 (7 U.S.C. 7333); and 

4 ‘‘(iii) payments described in sub5 section (b) of section 1001 of the Food Se6 curity Act of 1985 (7 U.S.C. 1308).’’; and 

7 (3) by striking paragraph (3) and inserting the 

8 following new paragraphs: 

9 ‘‘(3) ADMINISTRATION.— 

10 ‘‘(A) IN GENERAL.—During the first 4 

11 crop years of planting on native sod acreage by 

12 a producer described in paragraph (2)— 

13 ‘‘(i) paragraph (2) shall apply to 65 

14 percent of the transitional yield of the pro15 ducer; and 

16 ‘‘(ii) the crop insurance premium sub17 sidy provided for the producer under this 

18 subtitle shall be 50 percentage points less 

19 than the premium subsidy that would oth20 erwise apply. 

21 ‘‘(B) YIELD SUBSTITUTION.—During the 

22 period native sod acreage is covered by this sub23 section, a producer may not substitute yields 

24 for the native sod acreage.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

136 

•S 923 IS

1 (b) NONINSURED CROP DISASTER ASSISTANCE

2 AMENDMENT.—Section 196(a)(4) of the Federal Agri3 culture Improvement and Reform Act of 1996 (7 U.S.C. 

4 7333(a)(4)) is amended— 

5 (1) in subparagraph (A)(ii), by inserting ‘‘, or 

6 the producer cannot substantiate that the ground 

7 has ever been tilled,’’ after ‘‘tilled’’; 

8 (2) in subparagraph (B)— 

9 (A) in the subparagraph heading, by strik10 ing ‘‘INELIGIBILITY’’ and inserting ‘‘REDUC11 TION IN’’; and 

12 (B) in clause (i), by striking ‘‘for benefits 

13 under—’’ and all that follows through the pe14 riod at the end and inserting ‘‘for— 

15 ‘‘(I) benefits under this section; 

16 ‘‘(II) a portion of crop insurance 

17 premium subsidies under the Federal 

18 Crop Insurance Act (7 U.S.C. 1501 et 

19 seq.) in accordance with subparagraph 

20 (C); and 

21 ‘‘(III) payments described in sub22 section (b) of section 1001 of the 

23 Food Security Act of 1985 (7 U.S.C. 

24 1308).’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

137 

•S 923 IS

1 (3) by striking subparagraph (C) and inserting 

2 the following new subparagraphs: 

3 ‘‘(C) ADMINISTRATION.— 

4 ‘‘(i) IN GENERAL.—During the first 4 

5 crop years of planting on native sod acre6 age by a producer described in subpara7 graph (B)— 

8 ‘‘(I) subparagraph (B) shall 

9 apply to 65 percent of the transitional 

10 yield of the producer; and 

11 ‘‘(II) the crop insurance premium 

12 subsidy provided for the producer 

13 under the Federal Crop Insurance Act 

14 (7 U.S.C. 1501 et seq.) shall be 50 

15 percentage points less than the pre16 mium subsidy that would otherwise 

17 apply. 

18 ‘‘(ii) YIELD SUBSTITUTION.—During 

19 the period native sod acreage is covered by 

20 this paragraph, a producer may not sub21 stitute yields for the native sod acreage.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

138 

•S 923 IS

1 TITLE III—REPEALS AND TRAN2 SITIONAL PROVISIONS; TECH3 NICAL AND CONFORMING 

4 AMENDMENTS; EFFECTIVE 

5 DATE 

6 SEC. 3001. REPEALS AND TRANSITIONAL PROVISIONS. 

7 (a) EMERGENCY FORESTRY CONSERVATION RE8 SERVE PROGRAM.— 

9 (1) REPEAL.—Section 1231A of the Food Secu10 rity Act of 1985 (16 U.S.C. 3831a) is repealed. 

11 (2) TRANSITIONAL PROVISIONS.— 

12 (A) EFFECT ON EXISTING CONTRACTS.— 

13 The amendment made by this subsection shall 

14 not affect the validity or terms of any contract 

15 entered into by the Secretary of Agriculture 

16 under section 1231A of the Food Security Act 

17 of 1985 (16 U.S.C. 3831a) before October 1, 

18 2013, or any payments required to be made in 

19 connection with the contract. 

20 (B) FUNDING.—The Secretary may use 

21 funds made available to carry out the agricul22 tural conservation easement program under 

23 subtitle H of title XII of the Food Security Act 

24 of 1985, as added by section 1801 of this Act, 

25 to continue to carry out contracts referred to in 

mstockstill on DSK4VPTVN1PROD with BILLS

139 

•S 923 IS

1 subparagraph (A) using the provisions of law 

2 and regulation applicable to such contracts as 

3 in existence on September 30, 2013. 

4 (b) WETLANDS RESERVE PROGRAM.— 

5 (1) REPEAL.—Subchapter C of chapter 1 of 

6 subtitle D of title XII of the Food Security Act of 

7 1985 (16 U.S.C. 3837 et seq.) is repealed. 

8 (2) TRANSITIONAL PROVISIONS.— 

9 (A) EFFECT ON EXISTING CONTRACTS AND

10 EASEMENTS.—The amendment made by this 

11 subsection shall not affect the validity or terms 

12 of any contract or easement entered into by the 

13 Secretary of Agriculture under subchapter C of 

14 chapter 1 of subtitle D of title XII of the Food 

15 Security Act of 1985 (16 U.S.C. 3837 et seq.) 

16 before October 1, 2013, or any payments re17 quired to be made in connection with the con18 tract or easement. 

19 (B) FUNDING.— 

20 (i) USE OF PRIOR YEAR FUNDS.— 

21 Notwithstanding the repeal of subchapter 

22 C of chapter 1 of subtitle D of title XII of 

23 the Food Security Act of 1985 (16 U.S.C. 

24 3837 et seq.), any funds made available 

25 from the Commodity Credit Corporation to 

mstockstill on DSK4VPTVN1PROD with BILLS

140 

•S 923 IS

1 carry out the wetlands reserve program 

2 under that subchapter for fiscal years 

3 2009 through 2013 shall be made available 

4 to carry out contracts or easements re5 ferred to in subparagraph (A) that were 

6 entered into prior to October 1, 2013 (in7 cluding the provision of technical assist8 ance), provided that no such contract or 

9 easement is modified so as to increase the 

10 amount of the payment received. 

11 (ii) OTHER.—The Secretary may use 

12 funds made available to carry out the agri13 cultural conservation easement program 

14 under subtitle H of title XII of the Food 

15 Security Act of 1985, as added by section 

16 1801 of this Act, to continue to carry out 

17 contracts and easements referred to in 

18 subparagraph (A) using the provisions of 

19 law and regulation applicable to such con20 tracts and easements as in existence on 

21 September 30, 2013. 

22 (c) FARMLAND PROTECTION PROGRAM AND FARM

23 VIABILITY PROGRAM.— 

mstockstill on DSK4VPTVN1PROD with BILLS

141 

•S 923 IS

1 (1) REPEAL.—Subchapter C of chapter 2 of 

2 subtitle D of title XII of the Food Security Act of 

3 1985 (16 U.S.C. 3838h et seq.) is repealed. 

4 (2) TRANSITIONAL PROVISIONS.— 

5 (A) EFFECT ON EXISTING AGREEMENTS

6 AND EASEMENTS.—The amendment made by 

7 this subsection shall not affect the validity or 

8 terms of any agreement or easement entered 

9 into by the Secretary of Agriculture under sub10 chapter C of chapter 2 of subtitle D of title XII 

11 of the Food Security Act of 1985 (16 U.S.C. 

12 3838h et seq.) before October 1, 2013, or any 

13 payments required to be made in connection 

14 with the agreement or easement. 

15 (B) FUNDING.— 

16 (i) USE OF PRIOR YEAR FUNDS.— 

17 Notwithstanding the repeal of subchapter 

18 C of chapter 2 of subtitle D of title XII of 

19 the Food Security Act of 1985 (16 U.S.C. 

20 3838h et seq.), any funds made available 

21 from the Commodity Credit Corporation to 

22 carry out the farmland protection program 

23 under that subchapter for fiscal years 

24 2009 through 2013 shall be made available 

25 to carry out agreements and easements remstockstill on DSK4VPTVN1PROD with BILLS

142 

•S 923 IS

1 ferred to in subparagraph (A) that were 

2 entered into prior to October 1, 2013 (in3 cluding the provision of technical assist4 ance). 

5 (ii) OTHER.—On exhaustion of funds 

6 made available under clause (i), the Sec7 retary may use funds made available to 

8 carry out the agricultural conservation 

9 easement program under subtitle H of title 

10 XII of the Food Security Act of 1985, as 

11 added by section 1801 of this Act, to con12 tinue to carry out agreements and ease13 ments referred to in subparagraph (A) 

14 using the provisions of law and regulation 

15 applicable to such agreements and ease16 ments as in existence on September 30, 

17 2013. 

18 (d) GRASSLAND RESERVE PROGRAM.— 

19 (1) REPEAL.—Subchapter D of chapter 2 of 

20 subtitle D of title XII of the Food Security Act of 

21 1985 (16 U.S.C. 3838n et seq.) is repealed. 

22 (2) TRANSITIONAL PROVISIONS.— 

23 (A) EFFECT ON EXISTING CONTRACTS, 

24 AGREEMENTS, AND EASEMENTS.—The amend25 ment made by this subsection shall not affect 

mstockstill on DSK4VPTVN1PROD with BILLS

143 

•S 923 IS

1 the validity or terms of any contract, agree2 ment, or easement entered into by the Secretary 

3 of Agriculture under subchapter D of chapter 2 

4 of subtitle D of title XII of the Food Security 

5 Act of 1985 (16 U.S.C. 3838n et seq.) before 

6 October 1, 2013, or any payments required to 

7 be made in connection with the contract, agree8 ment, or easement. 

9 (B) FUNDING.— 

10 (i) USE OF PRIOR YEAR FUNDS.— 

11 Notwithstanding the repeal of subchapter 

12 D of chapter 2 of subtitle D of title XII 

13 of the Food Security Act of 1985 (16 

14 U.S.C. 3838n et seq.), any funds made 

15 available from the Commodity Credit Cor16 poration to carry out the grassland reserve 

17 program under that subchapter for fiscal 

18 years 2009 through 2013 shall be made 

19 available to carry out contracts, agree20 ments, or easements referred to in sub21 paragraph (A) that were entered into prior 

22 to October 1, 2013 (including the provision 

23 of technical assistance), provided that no 

24 such contract, agreement, or easement is 

mstockstill on DSK4VPTVN1PROD with BILLS

144 

•S 923 IS

1 modified so as to increase the amount of 

2 the payment received. 

3 (ii) OTHER.—The Secretary may use 

4 funds made available to carry out the agri5 cultural conservation easement program 

6 under subtitle H of title XII of the Food 

7 Security Act of 1985, as added by section 

8 1801 of this Act, to continue to carry out 

9 contracts, agreements, and easements re10 ferred to in subparagraph (A) using the 

11 provisions of law and regulation applicable 

12 to such contracts, agreements, and ease13 ments as in existence on September 30, 

14 2013. 

15 (e) ENVIRONMENTAL EASEMENT PROGRAM.—Chap16 ter 3 of subtitle D of title XII of the Food Security Act 

17 of 1985 (16 U.S.C. 3839 et seq.) is repealed. 

18 (f) CONSERVATION INNOVATION GRANTS AND PAY19 MENTS.— 

20 (1) REPEAL.—Section 1240H of the Food Se21 curity Act of 1985 (16 U.S.C. 3839aa–8) is re22 pealed. 

23 (2) TRANSITIONAL PROVISIONS.— 

24 (A) EFFECT ON EXISTING CONTRACTS.— 

25 The amendment made by this subsection shall 

mstockstill on DSK4VPTVN1PROD with BILLS

145 

•S 923 IS

1 not affect the validity or terms of any contract 

2 entered into by the Secretary of Agriculture 

3 under section 1240H of the Food Security Act 

4 of 1985 (16 U.S.C. 3839aa–8) before October 

5 1, 2013, or any payments required to be made 

6 in connection with the contract. 

7 (B) FUNDING.—The Secretary may use 

8 funds made available to carry out conservation 

9 innovation grants and payments under section 

10 1240S of title XII of the Food Security Act of 

11 1985, as added by section 1601 of this Act, to 

12 continue to carry out contracts referred to in 

13 subparagraph (A) using the provisions of law 

14 and regulation applicable to such contracts as 

15 they existed on September 30, 2013. 

16 (g) AGRICULTURAL WATER ENHANCEMENT PRO17 GRAM.— 

18 (1) REPEAL.—Section 1240I of the Food Secu19 rity Act of 1985 (16 U.S.C. 3839aa–9) is repealed. 

20 (2) TRANSITIONAL PROVISIONS.— 

21 (A) EFFECT ON EXISTING CONTRACTS AND

22 AGREEMENTS.—The amendment made by this 

23 subsection shall not affect the validity or terms 

24 of any contract or agreement entered into by 

25 the Secretary of Agriculture under section 

mstockstill on DSK4VPTVN1PROD with BILLS

146 

•S 923 IS

1 1240I of the Food Security Act of 1985 (16 

2 U.S.C. 3839aa–9) before October 1, 2013, or 

3 any payments required to be made in connec4 tion with the contract or agreement. 

5 (B) FUNDING.— 

6 (i) USE OF PRIOR YEAR FUNDS.— 

7 Notwithstanding the repeal of section 

8 1240I of the Food Security Act of 1985 

9 (16 U.S.C. 3839aa–9), any funds made 

10 available from the Commodity Credit Cor11 poration to carry out the agricultural 

12 water enhancement program under that 

13 section for fiscal years 2009 through 2013 

14 shall be made available to carry out con15 tracts and agreements referred to in sub16 paragraph (A) that were entered into prior 

17 to October 1, 2013 (including the provision 

18 of technical assistance). 

19 (ii) OTHER.—On exhaustion of funds 

20 made available under clause (i), the Sec21 retary may use funds made available to 

22 carry out the agricultural conservation 

23 easement program under subtitle H of title 

24 XII of the Food Security Act of 1985, as 

25 added by section 1801 of this Act, to conmstockstill on DSK4VPTVN1PROD with BILLS

147 

•S 923 IS

1 tinue to carry out contracts and agree2 ments referred to in subparagraph (A) 

3 using the provisions of law and regulation 

4 applicable to such contracts and agree5 ments as in existence on September 30, 

6 2013. 

7 (h) WILDLIFE HABITAT INCENTIVE PROGRAM.— 

8 (1) REPEAL.—Section 1240N of the Food Se9 curity Act of 1985 (16 U.S.C. 3839bb–1) is re10 pealed. 

11 (2) TRANSITIONAL PROVISIONS.— 

12 (A) EFFECT ON EXISTING CONTRACTS.— 

13 The amendment made by this subsection shall 

14 not affect the validity or terms of any contract 

15 entered into by the Secretary of Agriculture 

16 under section 1240N of the Food Security Act 

17 of 1985 (16 U.S.C. 3839bb–1) before October 

18 1, 2013, or any payments required to be made 

19 in connection with the contract. 

20 (B) FUNDING.— 

21 (i) USE OF PRIOR YEAR FUNDS.— 

22 Notwithstanding the repeal of section 

23 1240N of the Food Security Act of 1985 

24 (16 U.S.C. 3839bb–1), any funds made 

25 available from the Commodity Credit Cormstockstill on DSK4VPTVN1PROD with BILLS

148 

•S 923 IS

1 poration to carry out the wildlife habitat 

2 incentive program under that section for 

3 fiscal years 2009 through 2013 shall be 

4 made available to carry out contracts re5 ferred to in subparagraph (A) which were 

6 entered into prior to October 1, 2013 (in7 cluding the provision of technical assist8 ance). 

9 (ii) OTHER.—On exhaustion of funds 

10 made available under clause (i), the Sec11 retary may use funds made available to 

12 carry out the environmental quality incen13 tives program under chapter 4 of subtitle 

14 D of title XII of the Food Security Act of 

15 1985 (16 U.S.C. 3839aa et seq.) to con16 tinue to carry out contracts referred to in 

17 subparagraph (A) using the provisions of 

18 law and regulation applicable to such con19 tracts as in existence on September 30, 

20 2013. 

21 (i) GREAT LAKES BASIN PROGRAM.—Section 1240P 

22 of the Food Security Act of 1985 (16 U.S.C. 3839bb–3) 

23 is repealed. 

24 (j) CHESAPEAKE BAY WATERSHED PROGRAM.— 

mstockstill on DSK4VPTVN1PROD with BILLS

149 

•S 923 IS

1 (1) REPEAL.—Section 1240Q of the Food Se2 curity Act of 1985 (16 U.S.C. 3839bb–4) is re3 pealed. 

4 (2) TRANSITIONAL PROVISIONS.— 

5 (A) EFFECT ON EXISTING CONTRACTS, 

6 AGREEMENTS, AND EASEMENTS.—The amend7 ment made by this subsection shall not affect 

8 the validity or terms of any contract, agree9 ment, or easement entered into by the Secretary 

10 of Agriculture under section 1240Q of the Food 

11 Security Act of 1985 (16 U.S.C. 3839bb–4) be12 fore October 1, 2013, or any payments required 

13 to be made in connection with the contract, 

14 agreement, or easement. 

15 (B) FUNDING.— 

16 (i) USE OF PRIOR YEAR FUNDS.— 

17 Notwithstanding the repeal of section 

18 1240Q of the Food Security Act of 1985 

19 (16 U.S.C. 3839bb–4), any funds made 

20 available from the Commodity Credit Cor21 poration to carry out the Chesapeake Bay 

22 watershed program under that section for 

23 fiscal years 2009 through 2013 shall be 

24 made available to carry out contracts, 

25 agreements, and easements referred to in 

mstockstill on DSK4VPTVN1PROD with BILLS

150 

•S 923 IS

1 subparagraph (A) that were entered into 

2 prior to October 1, 2013 (including the 

3 provision of technical assistance). 

4 (ii) OTHER.—The Secretary may use 

5 funds made available to carry out the re6 gional conservation partnership program 

7 under subtitle I of title XII of the Food 

8 Security Act of 1985, as added by section 

9 1901 of this Act, to continue to carry out 

10 contracts, agreements, and easements re11 ferred to in subparagraph (A) using the 

12 provisions of law and regulation applicable 

13 to such contracts, agreements, and ease14 ments as in existence on September 30, 

15 2013. 

16 (k) COOPERATIVE CONSERVATION PARTNERSHIP

17 INITIATIVE.— 

18 (1) REPEAL.—Section 1243 of the Food Secu19 rity Act of 1985 (16 U.S.C. 3843) is repealed. 

20 (2) TRANSITIONAL PROVISIONS.— 

21 (A) EFFECT ON EXISTING CONTRACTS AND

22 AGREEMENTS.—The amendment made by this 

23 subsection shall not affect the validity or terms 

24 of any contract or agreement entered into by 

25 the Secretary of Agriculture under section 1243 

mstockstill on DSK4VPTVN1PROD with BILLS

151 

•S 923 IS

1 of the Food Security Act of 1985 (16 U.S.C. 

2 3843) before October 1, 2013, or any payments 

3 required to be made in connection with the con4 tract or agreement. 

5 (B) FUNDING.— 

6 (i) USE OF PRIOR YEAR FUNDS.— 

7 Notwithstanding the repeal of section 1243 

8 of the Food Security Act of 1985 (16 

9 U.S.C. 3843), any funds made available 

10 from the Commodity Credit Corporation to 

11 carry out the cooperative conservation 

12 partnership initiative under that section 

13 for fiscal years 2009 through 2013 shall be 

14 made available to carry out contracts and 

15 agreements referred to in subparagraph 

16 (A) that were entered into prior to October 

17 1, 2013 (including the provision of tech18 nical assistance). 

19 (ii) OTHER.—On exhaustion of funds 

20 made available under clause (i), the Sec21 retary may use funds made available to 

22 carry out the regional conservation part23 nership program under subtitle I of title 

24 XII of the Food Security Act of 1985, as 

25 added by section 1901 of this Act, to conmstockstill on DSK4VPTVN1PROD with BILLS

152 

•S 923 IS

1 tinue to carry out contracts and agree2 ments referred to in subparagraph (A) 

3 using the provisions of law and regulation 

4 applicable to such contracts and agree5 ments as in existence on September 30, 

6 2013. 

7 (l) DESERT TERMINAL LAKES PROGRAM.— 

8 (1) REPEAL.—Section 2507 of the Farm Secu9 rity and Rural Investment Act of 2002 (43 U.S.C. 

10 2211 note) is repealed. 

11 (2) TRANSITIONAL PROVISIONS.— 

12 (A) EFFECT ON EXISTING CONTRACTS.— 

13 The amendment made by this subsection shall 

14 not affect the validity or terms of any contract 

15 entered into by the Secretary of Agriculture 

16 under section 2507 of the Farm Security and 

17 Rural Investment Act of 2002 (43 U.S.C. 2211 

18 note) before October 1, 2013, or any payments 

19 required to be made in connection with the con20 tract. 

21 (B) FUNDING.—The Secretary may use 

22 funds made available to carry out the agricul23 tural conservation easement program under 

24 subtitle H of title XII of the Food Security Act 

25 of 1985, as added by section 1801 of this Act, 

mstockstill on DSK4VPTVN1PROD with BILLS

153 

•S 923 IS

1 to continue to carry out contracts referred to in 

2 subparagraph (A) using the provisions of law 

3 and regulation applicable to such contracts as 

4 in existence on September 30, 2013. 

5 SEC. 3002. TECHNICAL AND CONFORMING AMENDMENTS. 

6 (a) DEFINITIONS.—Section 1201(a) of the Food Se7 curity Act of 1985 (16 U.S.C. 3801(a)) is amended in the 

8 matter preceding paragraph (1) by inserting ‘‘, H, and 

9 I’’ after ‘‘E’’. 

10 (b) PRIORITY RESOURCE CONCERN.—The following 

11 sections of the Food Security Act of 1985 are amended 

12 by inserting ‘‘priority’’ before ‘‘resource concerns’’: 

13 (1) Section 1238A(e)(4)(B)(ii) (16 U.S.C. 

14 3838a(e)(4)(B)(ii)). 

15 (2) Section 1238D(3)(A) (16 U.S.C. 

16 3838d(3)(A)). 

17 (3) Section 1240A(1)(B)(vi) (16 U.S.C. 

18 3839aa–1(1)(B)(vi)). 

19 SEC. 3003. EFFECTIVE DATE. 

20 This Act, and the amendments made by this Act, 

21 shall take effect on October 1, 2013. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS