I

107TH CONGRESS

1ST SESSION H. R. 1321

To amend the conservation provisions of the Food Security Act of 1985

to establish a voluntary, incentive-based conservation security program.

IN THE HOUSE OF REPRESENTATIVES

MARCH 29, 2001

Mr. THUNE (for himself, Mr. HINCHEY, Ms. KAPTUR, Mr. COOKSEY, Mr.

WYNN, and Mr. BOSWELL) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To amend the conservation provisions of the Food Security

Act of 1985 to establish a voluntary, incentive-based

conservation security program.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Conservation Security

5 Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) In addition to producing food and fiber, ag9 ricultural producers can contribute to the public
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1 good by providing improved soil productivity, clean

2 air and water, wildlife habitat, landscape and rec3 reational amenities, and other natural resources and

4 environmental benefits.

5 (2) Agricultural producers in the United States

6 have a long history of embracing environmentally

7 friendly conservation practices and desire to con8 tinue those practices and engage in new and addi9 tional conservation practices.

10 (3) Agricultural producers that engage in con11 servation practices—

12 (A) may not receive economic rewards for

13 implementing such conservation practices;

14 (B) should be encouraged to engage in

15 good stewardship; and

16 (C) should be rewarded for doing so.

17 (4) Despite significant progress in recent years,

18 significant environmental challenges on agricultural

19 land remain.

20 (5) Since the 1930’s, when agricultural con21 servation became a national priority, Federal re22 sources for conservation assistance have declined

23 over 50 percent, when adjusted for inflation.
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1 (6) Existing conservation programs do not pro2 vide opportunities for all interested agricultural pro3 ducers to participate.

4 (7) A voluntary, incentive-based conservation

5 program open to all agricultural producers that

6 qualify and desire to participate would—

7 (A) encourage greater improvement of nat8 ural resources and the environment;

9 (B) address the economic implications of

10 conservation practices in a manner consistent

11 with international obligations of the United

12 States; and

13 (C) enable United States farmers and

14 ranchers to produce food for a growing world

15 population.

16 (8) Total farm conservation planning can help

17 producers increase profitability, enhance resource

18 protection, and improve quality of life.

19 (9) On-farm practices may help deter invasive

20 species that jeopardize native species or impair agri21 cultural land of the United States.

22 (10) A conservation program that meets the cri23 teria described in paragraph (7) would help achieve

24 a better balance between Federal payments sup25 porting conservation on land used for agricultural
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1 production and Federal payments for the purpose of

2 retiring agricultural land from production.

3 SEC. 3. CONSERVATION SECURITY PROGRAM.

4 (a) IN GENERAL.—Subtitle D of title XII of the Food

5 Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended

6 by adding at the end the following:

7 ‘‘CHAPTER 6—CONSERVATION SECURITY

8 PROGRAM

9 ‘‘SEC. 1240P. DEFINITIONS.

10 ‘‘In this chapter:

11 ‘‘(1) CONSERVATION PRACTICE.—The term

12 ‘conservation practice’ means a land-based farming

13 technique that—

14 ‘‘(A) requires planning, implementation,

15 management, and maintenance; and

16 ‘‘(B) promotes one or more of the purposes

17 described in section 1240Q(a).

18 ‘‘(2) CONSERVATION SECURITY CONTRACT.—

19 The term ‘conservation security contract’ means a

20 contract described in section 1240Q(e).

21 ‘‘(3) CONSERVATION SECURITY PLAN.—The

22 term ‘conservation security plan’ means a plan de23 scribed in section 1240Q(c).
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1 ‘‘(4) CONSERVATION SECURITY PROGRAM.—The

2 term ‘conservation security program’ means the pro3 gram established under section 1240Q(a).

4 ‘‘(5) NUTRIENT MANAGEMENT.—The term ‘nu5 trient management’ means management of the quan6 tity, source, placement, form, and timing of the land

7 application of nutrients and other additions to soil—

8 ‘‘(A) to achieve or maintain adequate soil

9 fertility for agricultural production; and

10 ‘‘(B) to minimize the potential for loss of

11 environmental quality, including soil, water, and

12 air quality impairment.

13 ‘‘(6) RESOURCE-CONSERVING CROP.—The term

14 ‘resource-conserving crop’ means—

15 ‘‘(A) a perennial grass;

16 ‘‘(B) a legume grown for use as forage or

17 green manure;

18 ‘‘(C) a legume-grass mixture;

19 ‘‘(D) a small grain grown in combination

20 with a grass or legume, whether interseeded or

21 planted in succession; and

22 ‘‘(E) such other plantings, including trees,

23 as the Secretary considers appropriate for a

24 particular area.
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1 ‘‘(7) RESOURCE-CONSERVING CROP ROTA2 TION.—The term ‘resource-conserving crop rotation’

3 means a crop rotation that—

4 ‘‘(A) includes at least one resource-con5 serving crop;

6 ‘‘(B) reduces erosion;

7 ‘‘(C) improves soil fertility and tilth; and

8 ‘‘(D) interrupts pest cycles.

9 ‘‘(8) RESOURCE MANAGEMENT SYSTEM.—The

10 term ‘resource management system’ means a system

11 of conservation practices and management relating

12 to land or water use that is designed to prevent re13 source degradation and permit sustained use of the

14 land and water.

15 ‘‘SEC. 1240Q. CONSERVATION SECURITY PROGRAM.

16 ‘‘(a) IN GENERAL.—The Secretary shall establish a

17 conservation security program to assist owners and opera18 tors of agricultural operations to promote, as is applicable

19 for each operation—

20 ‘‘(1) conservation of soil, water, energy, and

21 other related resources;

22 ‘‘(2) soil quality protection and improvement;

23 ‘‘(3) water quality protection and improvement;

24 ‘‘(4) air quality protection and improvement;
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1 ‘‘(5) soil, plant, or animal health and well2 being;

3 ‘‘(6) diversity of flora and fauna;

4 ‘‘(7) on-farm conservation and regeneration of

5 biological resources, including plant and animal

6 germplasm;

7 ‘‘(8) wetland restoration, conservation, and en8 hancement;

9 ‘‘(9) wildlife habitat restoration, conservation,

10 and enhancement;

11 ‘‘(10) reduction of greenhouse gas emissions

12 and enhancement of carbon sequestration;

13 ‘‘(11) protection of human health and safety;

14 ‘‘(12) environmentally sound management of

15 invasive species; or

16 ‘‘(13) any similar conservation purpose (as de17 termined by the Secretary).

18 ‘‘(b) ELIGIBILITY.—

19 ‘‘(1) IN GENERAL.—To be eligible to participate

20 in the conservation security program (other than to

21 receive technical assistance under subsection (h)(6)

22 for the development of conservation security con23 tracts), an owner or operator shall—

24 ‘‘(A) develop and submit to the Secretary,

25 and obtain the approval of the Secretary of, a
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1 conservation security plan that meets the re2 quirements of subsection (c); and

3 ‘‘(B) enter into a conservation security

4 contract with the Secretary to carry out the

5 conservation security plan.

6 ‘‘(2) INELIGIBLE LAND.—Land enrolled in the

7 conservation reserve program under subchapter B of

8 chapter I shall not be eligible for enrollment in the

9 conservation security program except for land en10 rolled in partial field conservation practice enroll11 ment options.

12 ‘‘(c) CONSERVATION SECURITY PLANS.—

13 ‘‘(1) IN GENERAL.—A conservation security

14 plan shall—

15 ‘‘(A) identify the resources and designated

16 land to be conserved under the conservation se17 curity plan;

18 ‘‘(B) describe the tier of conservation prac19 tices, and the particular conservation practices

20 to be implemented, maintained, or improved, in

21 accordance with subsection (d) on the land that

22 will be enrolled in the conservation security pro23 gram covered by the conservation security con24 tract for the specified term;
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1 ‘‘(C) contain a schedule for the implemen2 tation, maintenance, or improvement of the con3 servation practices described in the conservation

4 security plan during the term of the conserva5 tion security contract;

6 ‘‘(D) meet the requirements of the highly

7 erodible land and wetland conservation require8 ments of subtitles B and C; and

9 ‘‘(E) contain such other terms as the Sec10 retary determines to be appropriate.

11 ‘‘(2) COMPREHENSIVE PLANNING.—The Sec12 retary shall encourage owners and operators that

13 enter into conservation security contracts—

14 ‘‘(A) to undertake a comprehensive exam15 ination of the opportunities for conserving nat16 ural resources and improving the profitability,

17 environmental health, and quality of life in rela18 tion to their entire agricultural operations;

19 ‘‘(B) to develop a long-term strategy for

20 implementing, monitoring, and evaluating con21 servation practices and environmental results in

22 the entire agricultural operation;

23 ‘‘(C) to participate in other Federal con24 servation programs; and
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1 ‘‘(D) to maintain the agricultural integrity

2 of the land.

3 ‘‘(3) STATE AND LOCAL CONSERVATION PRIOR4 ITIES.—To the maximum extent practicable and in

5 a manner consistent with the conservation security

6 program, each conservation security plan shall ad7 dress the conservation priorities of the State and lo8 cality in which the agricultural operation is located

9 (as determined by the State conservationist in con10 sultation with the State technical committee estab11 lished under subtitle G and the local working groups

12 of the State technical committee).

13 ‘‘(d) CONSERVATION PRACTICES.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) ESTABLISHMENT OFTIERS.—The

16 Secretary shall establish 3 tiers of conservation

17 practices that are eligible for payment under a

18 conservation security contract.

19 ‘‘(B) CONSERVATION PRACTICE STAND20 ARDS.—To the maximum extent practicable, the

21 Secretary shall establish guidance standards for

22 implementation of eligible conservation prac23 tices that shall include measurable goals for en24 hancing and preventing degradation of re25 sources.
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1 ‘‘(2) SUSTAINABLE ECONOMIC USES.—With re2 spect to land enrolled in the conservation security

3 program, including land use adjustment activities

4 specified under Tier II, the Secretary shall permit

5 economic uses of the land that—

6 ‘‘(A) maintain the agricultural nature of

7 land;

8 ‘‘(B) achieve the natural resource and en9 vironmental benefits of the plan; and

10 ‘‘(C) are approved as part of the conserva11 tion security plan.

12 ‘‘(3) ON-FARM RESEARCH AND DEMONSTRA13 TION.—With respect to land enrolled in the con14 servation security program that will be maintained

15 using a Tier II or Tier III conservation practice es16 tablished under paragraph (5), the Secretary may

17 approve a conservation security plan that includes

18 on-farm research and demonstration activities, in19 cluding innovative approaches to—

20 ‘‘(A) total farm planning;

21 ‘‘(B) total resource management;

22 ‘‘(C) integrated farming systems;

23 ‘‘(D) germplasm conservation and regen24 eration;

25 ‘‘(E) carbon sequestration;
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1 ‘‘(F) agro-ecological restoration and wild2 life habitat restoration;

3 ‘‘(G) agro-forestry;

4 ‘‘(H) invasive species control; or

5 ‘‘(I) farm and environmental results moni6 toring and evaluation.

7 ‘‘(4) USE OFHANDBOOK AND GUIDES.—

8 ‘‘(A) IN GENERAL.—In determining eligible

9 conservation practices under the conservation

10 security program, the Secretary shall use the

11 National Handbook of Conservation Practices

12 and the field office technical guides of the Nat13 ural Resources Conservation Service.

14 ‘‘(B) ADJUSTMENTS.—After providing no15 tice and an opportunity for public participation,

16 the Secretary shall make such adjustments to

17 the National Handbook of Conservation Prac18 tices as are necessary to carry out this chapter.

19 ‘‘(C) PILOT TESTING.—

20 ‘‘(i) IN GENERAL.—Under any of the

21 three tiers of conservation practices estab22 lished under paragraph (5), the Secretary

23 may approve requests by an owner or oper24 ator for pilot testing of new technologies
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1 and innovative conservation practices and

2 systems.

3 ‘‘(ii) INCORPORATION INTO STAND4 ARDS.—After evaluation by the Secretary

5 and provision of notice and an opportunity

6 for public participation, the Secretary may

7 incorporate new technologies and innova8 tive conservation practices and systems

9 into the standards for implementation of

10 conservation practices established under

11 paragraph (1)(B).

12 ‘‘(5) TIERS.—To carry out this subsection, the

13 Secretary shall establish the following three tiers of

14 conservation practices:

15 ‘‘(A) TIER I.—

16 ‘‘(i) IN GENERAL.—A conservation se17 curity plan for land enrolled in the con18 servation security program that will be

19 maintained using Tier I conservation prac20 tices shall—

21 ‘‘(I) address priority resource

22 concerns for the particular agricul23 tural operation;
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1 ‘‘(II) apply to the total agricul2 tural operation or to a particular unit

3 of the agricultural operation;

4 ‘‘(III) cover both—

5 ‘‘(aa) conservation practices

6 that are being implemented as of

7 the date on which the conserva8 tion security contract is entered

9 into; and

10 ‘‘(bb) conservation practices

11 that are newly implemented

12 under the conservation security

13 contract; and

14 ‘‘(IV) meet applicable standards

15 for implementation of conservation

16 practices established under paragraph

17 (1)(B).

18 ‘‘(ii) CONSERVATION PRACTICES.—

19 Tier I conservation practices shall consist

20 of, as appropriate for the agricultural oper21 ation of an owner or operator, one or more

22 of the following basic conservation activi23 ties:

24 ‘‘(I) Soil conservation, quality,

25 and residue management.
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1 ‘‘(II) Nutrient management.

2 ‘‘(III) Pest management.

3 ‘‘(IV) Invasive species manage4 ment.

5 ‘‘(V) Irrigation water conserva6 tion and water quality management.

7 ‘‘(VI) Grazing, pasture, and

8 rangeland management.

9 ‘‘(VII) Wildlife habitat manage10 ment, with special emphasis on spe11 cies identified by the natural heritage

12 program of the State.

13 ‘‘(VIII) Plant and animal

14 germplasm conservation, evaluation,

15 and development.

16 ‘‘(IX) Contour farming.

17 ‘‘(X) Strip cropping.

18 ‘‘(XI) Cover cropping.

19 ‘‘(XII) Recordkeeping.

20 ‘‘(XIII) Any other conservation

21 practice that the Secretary determines

22 to be appropriate and comparable to

23 other conservation practices described

24 in this clause.

25 ‘‘(B) TIER II.—
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1 ‘‘(i) IN GENERAL.—A conservation se2 curity plan for land enrolled in the con3 servation security program that will be

4 maintained using Tier II conservation

5 practices shall—

6 ‘‘(I) address priority resource

7 concerns specified in the conservation

8 security plan covering the total agri9 cultural operation;

10 ‘‘(II) cover both—

11 ‘‘(aa) conservation practices

12 that are being implemented as of

13 the date on which the conserva14 tion security contract is entered

15 into; and

16 ‘‘(bb) conservation practices

17 that are newly implemented

18 under the conservation security

19 contract; and

20 ‘‘(III) meet applicable resource

21 management system criteria for the

22 priority resource concerns of the agri23 cultural operation.

24 ‘‘(ii) CONSERVATION PRACTICES.—

25 Tier II conservation practices shall consist
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1 of, as appropriate for the agricultural oper2 ation of an owner or operator, Tier I con3 servation practices and one or more of the

4 following practices:

5 ‘‘(I) Resource-conserving crop ro6 tations.

7 ‘‘(II) Controlled, rotational graz8 ing.

9 ‘‘(III) Conversion of portions of

10 cropland from a soil-depleting use to a

11 soil-conserving use, including produc12 tion of cover crops.

13 ‘‘(IV) Partial field conservation

14 practices (including windbreaks, grass

15 waterways, shelter belts, filter strips,

16 riparian buffers, wetland buffers, con17 tour buffer strips, living snow fences,

18 crosswind trap strips, field borders,

19 grass terraces, wildlife corridors, and

20 critical area planting).

21 ‘‘(V) Wildlife habitat protection

22 and restoration.

23 ‘‘(VI) Prairie protection and res24 toration.
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1 ‘‘(VII) Wetland protection and

2 restoration.

3 ‘‘(VIII) Any other conservation

4 practice involving modification of the

5 use of land that the Secretary deter6 mines to be appropriate and com7 parable to other conservation practices

8 described in this clause.

9 ‘‘(C) TIER III.—

10 ‘‘(i) IN GENERAL.—A conservation se11 curity plan for land enrolled in the con12 servation security program that will be

13 maintained using Tier III conservation

14 practices shall—

15 ‘‘(I) address all resource concerns

16 of the total agricultural operation;

17 ‘‘(II) cover both—

18 ‘‘(aa) conservation practices

19 that are being implemented as of

20 the date on which the conserva21 tion security contract is entered

22 into; and

23 ‘‘(bb) conservation practices

24 that are newly implemented
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1 under the conservation security

2 contract; and

3 ‘‘(III) meet applicable resource

4 management system criteria.

5 ‘‘(ii) CONSERVATION PRACTICES.—

6 Tier III conservation practices shall consist

7 of, as appropriate for the agricultural oper8 ation of an owner or operator—

9 ‘‘(I) appropriate Tier I and Tier

10 II conservation practices; and

11 ‘‘(II) development, implementa12 tion, and maintenance of a conserva13 tion security plan that, over the term

14 of the conservation security

15 contract—

16 ‘‘(aa) integrates a full com17 plement of conservation practices

18 to foster environmental enhance19 ment and the long-term sustain20 ability of the natural resource

21 base of an agricultural operation;

22 and

23 ‘‘(bb) improves profitability

24 and quality of life associated with

25 the agricultural operation.
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1 ‘‘(e) CONSERVATION SECURITY CONTRACTS.—

2 ‘‘(1) IN GENERAL.—On approval of a conserva3 tion security plan of an owner or operator, the Sec4 retary shall enter into a conservation security con5 tract with the owner or operator to enroll the land

6 covered by the conservation security plan in the con7 servation security program.

8 ‘‘(2) TERM.—Subject to paragraphs (3) and

9 (4)—

10 ‘‘(A) a conservation security contract for

11 land enrolled in the conservation security pro12 gram that will be maintained using one or more

13 Tier I conservation practices shall have a term

14 of five years; and

15 ‘‘(B) a conservation security contract for

16 land enrolled in the conservation security pro17 gram that implements a conservation security

18 plan that meets the requirements of subpara19 graph (B) or (C) of subsection (d)(5) shall have

20 a term of five to 10 years, at the option of the

21 owner or operator.

22 ‘‘(3) MODIFICATIONS.—

23 ‘‘(A) OPTIONAL MODIFICATIONS.—

24 ‘‘(i) IN GENERAL.—The Secretary

25 shall provide regular opportunity for an
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1 owner or operator to apply to the Sec2 retary to modify the conservation security

3 plan in a manner consistent with the pur4 poses of the conservation security program.

5 ‘‘(ii) APPROVAL BY THE SEC6 RETARY.—Any modification under clause

7 (i)—

8 ‘‘(I) shall be approved by the

9 Secretary; and

10 ‘‘(II) shall authorize the Sec11 retary to redetermine, if necessary,

12 the amount and timing of the pay13 ments pursuant to the conservation

14 security contract under subsection

15 (h)(2)(C).

16 ‘‘(B) REQUIRED MODIFICATIONS.—

17 ‘‘(i) IN GENERAL.—The Secretary

18 may in writing require an owner or oper19 ator to modify a conservation security con20 tract before the expiration of the conserva21 tion security contract if the Secretary de22 termines that a change made to the size,

23 the management, or any other aspect of

24 the agricultural operation of the owner or

25 operator would, without the modification,
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1 interfere with achieving the purposes of the

2 conservation security program.

3 ‘‘(ii) PAYMENT SCHEDULE.—The Sec4 retary may adjust the payment schedule

5 under the conservation security contract to

6 reflect any modifications required under

7 this subparagraph.

8 ‘‘(iii) DEADLINE.—The Secretary may

9 terminate a conservation security contract

10 if a modification required under this sub11 paragraph is not submitted to the Sec12 retary in the form of an amended con13 servation security contract by the date that

14 is 90 days after the date of receipt of the

15 written request for the modification.

16 ‘‘(iv) TERMINATION.—An owner or

17 operator that is required to modify a con18 servation security contract under this sub19 paragraph may, in lieu of modifying the

20 contract—

21 ‘‘(I) terminate the conservation

22 security contract; and

23 ‘‘(II) retain payments received

24 under the conservation security con25 tract, if the owner or operator fully
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1 complies with the obligations of the

2 owner or operator under the conserva3 tion security contract.

4 ‘‘(4) RENEWAL.—

5 ‘‘(A) IN GENERAL.—At the option of an

6 owner or operator, the conservation security

7 contract of the owner or operator may be re8 newed, for a term described in subparagraph

9 (B), if—

10 ‘‘(i) the owner or operator agrees to

11 any modification of the applicable con12 servation security contract that the Sec13 retary determines to be necessary to

14 achieve the purposes of the conservation

15 security program;

16 ‘‘(ii) the Secretary determines that

17 the owner or operator has complied with

18 the terms and conditions of the conserva19 tion security contract, including the con20 servation security plan; and

21 ‘‘(iii) in the case of a conservation se22 curity contract for land previously enrolled

23 in the conservation security program that

24 will continue to be enrolled on the basis of

25 one or more Tier I conservation practices,
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1 the owner or operator meets resource man2 agement system criteria for the practices

3 operation covered by the conservation secu4 rity contract.

5 ‘‘(B) TERMS OFRENEWAL.—Under sub6 paragraph (A)—

7 ‘‘(i) a conservation security contract

8 for land enrolled in the conservation secu9 rity program that will be maintained using

10 a Tier I conservation practice may be re11 newed for five-year terms;

12 ‘‘(ii) a conservation security contract

13 for land enrolled in the conservation secu14 rity program that will be maintained using

15 a Tier II or Tier III conservation practice

16 may be renewed for five-year to 10-year

17 terms, at the option of the owner or oper18 ator; and

19 ‘‘(iii) previous participation in the

20 conservation security program does not bar

21 renewal more than once.

22 ‘‘(f) NO VIOLATION FOR NONCOMPLIANCE DUE TO

23 CIRCUMSTANCES BEYOND THE CONTROL OFTHE OWNER

24 OR OPERATOR.—The Secretary shall include in the con25 servation security contract a provision, and may modify
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1 a conservation security contract under subsection

2 (e)(3)(B), to ensure that an owner or operator shall not

3 be considered in violation of a conservation security con4 tract for failure to comply with the conservation security

5 contract due to circumstances beyond the control of the

6 owner or operator, including a disaster or related condi7 tion.

8 ‘‘(g) DUTIES OF OWNERS AND OPERATORS.—Under

9 a conservation security contract, an owner or operator

10 shall agree, during the term specified under the conserva11 tion security contract—

12 ‘‘(1) to implement the applicable conservation

13 security plan approved by the Secretary;

14 ‘‘(2) to keep appropriate records showing the

15 effective and timely implementation of the conserva16 tion security plan;

17 ‘‘(3) not to engage in any activity that would

18 interfere with the purposes of the conservation secu19 rity plan;

20 ‘‘(4) at the option of the Secretary, to refund

21 all or a portion of the payments to the Secretary if

22 the owner or operator fails to maintain a conserva23 tion practice, as specified in the conservation secu24 rity contract; and
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1 ‘‘(5) on the violation of a term or condition of

2 the conservation security contract—

3 ‘‘(A) if the Secretary determines that the

4 violation warrants termination of the conserva5 tion security contract—

6 ‘‘(i) to forfeit all rights to receive pay7 ments under the conservation security con8 tract; and

9 ‘‘(ii) to refund to the Secretary all or

10 a portion of the payments received by the

11 owner or operator under the conservation

12 security contract, including an advance

13 payment and interest on the payments, as

14 determined by the Secretary; or

15 ‘‘(B) if the Secretary determines that the

16 violation does not warrant termination of the

17 conservation security contract, to refund to the

18 Secretary, or accept adjustments to, the pay19 ments provided to the owner or operator, as the

20 Secretary determines to be appropriate.

21 ‘‘(h) DUTIES OFTHE SECRETARY.—

22 ‘‘(1) ADVANCE PAYMENT.—At the time at

23 which a person enters into a conservation security

24 contract, the Secretary shall make an advance pay25 ment to the person in an amount not to exceed—
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1 ‘‘(A) in the case of a contract to maintain

2 Tier I conservation practices described in sub3 section (d)(5)(A), the greater of—

4 ‘‘(i) $1,000; or

5 ‘‘(ii) 20 percent of the value of the

6 annual payment under the contract, as de7 termined by the Secretary;

8 ‘‘(B) in the case of a contract to maintain

9 Tier II conservation practices described in sub10 section (d)(5)(B), the greater of—

11 ‘‘(i) $2,000; or

12 ‘‘(ii) 20 percent of the value of the

13 annual payment under the contract, as de14 termined by the Secretary; or

15 ‘‘(C) in the case of a contract to maintain

16 Tier III conservation practices described in sub17 section (d)(5)(C), the greater of—

18 ‘‘(i) $3,000; or

19 ‘‘(ii) 20 percent of the value of the

20 annual payment under the contract, as de21 termined by the Secretary.

22 ‘‘(2) ANNUAL PAYMENTS.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graphs (B) through (D), under a conservation

25 security contract, the Secretary shall, in
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1 amounts and for a period of years specified in

2 the conservation security contract, make an an3 nual payment to the person in an amount not

4 to exceed—

5 ‘‘(i) in the case of a contract to main6 tain Tier I conservation practices described

7 in subsection (d)(5)(A), $20,000;

8 ‘‘(ii) in the case of a contract to main9 tain Tier II conservation practices de10 scribed in subsection (d)(5)(B), $35,000;

11 or

12 ‘‘(iii) in the case of a contract to

13 maintain Tier III conservation practices

14 described in subsection (d)(5)(C), $50,000.

15 ‘‘(B) INFLATION ADJUSTMENT.—The Sec16 retary may periodically, including at the time at

17 which a conservation security contract is re18 newed, adjust the payment and payment limita19 tions under subparagraph (A) to reflect changes

20 in the Prices Paid by Farmers Index.

21 ‘‘(C) CRITERIA FOR DETERMINING

22 AMOUNT OFPAYMENTS.—Subject to subpara23 graphs (A) and (D), the Secretary shall estab24 lish criteria for determining the amount of an
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1 annual payment to a person under this para2 graph that—

3 ‘‘(i) shall be as objective and trans4 parent as practicable; and

5 ‘‘(ii) shall be based on—

6 ‘‘(I) the natural resource and en7 vironmental benefits expected as a re8 sult of the adoption, maintenance, and

9 improvement in implementation of the

10 conservation practices carried out by

11 the person;

12 ‘‘(II) the number of management

13 practices established or maintained;

14 ‘‘(III) the schedule for the con15 servation practices described in sub16 section (c)(1)(C);

17 ‘‘(IV) the cost of the adoption,

18 maintenance, and improvement in im19 plementation of conservation practices

20 that are newly implemented under the

21 conservation security contract;

22 ‘‘(V) the extent to which com23 pensation will ensure maintenance and

24 improvement of conservation practices

25 that are or have been implemented;
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1 ‘‘(VI) the income loss or eco2 nomic value forgone by the person due

3 to land use adjustments resulting

4 from the adoption, maintenance, and

5 improvement of conservation prac6 tices;

7 ‘‘(VII) the extent to which the

8 conservation security plan meets ap9 plicable resource management system

10 standards;

11 ‘‘(VIII) the extent to which the

12 conservation security plan incor13 porates practices that optimize carbon

14 sequestration and minimize green15 house gas emissions;

16 ‘‘(IX) the costs associated with

17 any on-farm research, demonstration,

18 or pilot testing components of the

19 conservation security plan;

20 ‘‘(X) the extent to which the con21 servation security plan addresses

22 State and local conservation priorities

23 as provided for under subsection

24 (c)(3);
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1 ‘‘(XI) the costs associated with

2 monitoring of results required under

3 the conservation security plan;

4 ‘‘(XII) participation in a water5 shed or regional land use plan involv6 ing at least 75 percent of landowners

7 in the targeted area;

8 ‘‘(XIII) the special considerations

9 associated with an owner or operator

10 that is a qualified beginning farmer or

11 rancher (as defined in section 343(a)

12 of the Consolidated Farm and Rural

13 Development Act (7 U.S.C. 1991(a)));

14 ‘‘(XIV) the extent of activities

15 undertaken beyond what is required to

16 comply with any applicable Federal,

17 State, and local law; and

18 ‘‘(XV) such other factors as the

19 Secretary determines to be appro20 priate to encourage participation in

21 the conservation security program and

22 to reward environmental stewardship.

23 ‘‘(D) LAND ENROLLED IN OTHER CON24 SERVATION PROGRAMS.—
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1 ‘‘(i) IN GENERAL.—Notwithstanding

2 any other provision of law, if an owner or

3 operator has land enrolled in another con4 servation program administered by the

5 Secretary and has applied to enroll the

6 same land in the conservation program, the

7 owner or operator may elect to—

8 ‘‘(I) convert the contract under

9 the other conservation program to a

10 conservation security contract, with11 out penalty, except that this subclause

12 shall not apply to a long-term or per13 manent conservation or easement; or

14 ‘‘(II) have each annual payment

15 to the owner or operator under this

16 paragraph reduced to reflect payment

17 for practices the owner or operator re18 ceives under the other conservation

19 program, except that the annual pay20 ment under this paragraph may in21 clude incentives for qualified practices

22 that enhance or extend the conserva23 tion benefit achieved under the other

24 conservation program.
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1 ‘‘(ii) PAYMENT LIMITATIONS.—If an

2 owner or operator has land enrolled in the

3 conservation security program and one or

4 more other conservation programs adminis5 tered by the Secretary, the Secretary shall

6 include all payments, other than easement

7 or rental payments, from the conservation

8 security program and the other conserva9 tion programs in applying the annual pay10 ment limitations under subparagraph (A).

11 ‘‘(E) WASTE STORAGE OR TREATMENT FA12 CILITIES.—An annual payment to an owner or

13 operator under this paragraph shall not be pro14 vided for the purpose of construction or mainte15 nance of animal waste storage or treatment fa16 cilities or associated waste transport or transfer

17 devices for animal feeding operations.

18 ‘‘(3) REGULATIONS.—

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

20 issue regulations—

21 ‘‘(i) defining the term ‘person’ for the

22 purposes of this chapter—

23 ‘‘(I) which regulations shall con24 form, to the extent practicable, to the
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•HR 1321 IH

1 regulations defining the term ‘person’

2 issued under section 1001; and

3 ‘‘(II) which term shall be defined

4 so that no individual directly or indi5 rectly may receive payments exceeding

6 the applicable amount specified in

7 paragraph (1) or (2);

8 ‘‘(ii) providing adequate safeguards to

9 protect the interests of tenants and share10 croppers, including provision for sharing,

11 on a fair and equitable basis; and

12 ‘‘(iii) prescribing such other rules as

13 the Secretary determines to be necessary

14 to ensure a fair and reasonable application

15 of the limitations established under para16 graphs (1) and (2).

17 ‘‘(B) PENALTIES FOR SCHEMES OR DE18 VICES.—

19 ‘‘(i) IN GENERAL.—If the Secretary

20 determines that a person has adopted a

21 scheme or device to evade, or that has the

22 purpose of evading, the regulations issued

23 under subparagraph (A), the person shall

24 be ineligible to participate in the conserva25 tion security program for the year for
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•HR 1321 IH

1 which the scheme or device was adopted

2 and each of the following five years.

3 ‘‘(ii) FRAUD.—If the Secretary deter4 mines that fraud was committed in connec5 tion with the scheme or device, the person

6 shall be ineligible to participate in the con7 servation security program for the year for

8 which the scheme or device was adopted

9 and each of the following 10 years.

10 ‘‘(4) TERMINATION.—

11 ‘‘(A) IN GENERAL.—Subject to subsection

12 (g), the Secretary shall allow an owner or oper13 ator to terminate the conservation security con14 tract.

15 ‘‘(B) PAYMENTS.—The owner or operator

16 may retain any or all payments received under

17 a terminated conservation security contract if—

18 ‘‘(i) the owner or operator is in full

19 compliance with the terms and conditions,

20 including any maintenance requirements,

21 of the conservation security contract; and

22 ‘‘(ii) the Secretary determines that re23 tention of payment will not defeat the

24 goals enumerated in the conservation secu25 rity plan of the owner or operator.
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1 ‘‘(5) TRANSFER OR CHANGE OF INTEREST IN

2 LAND SUBJECT TO CONSERVATION SECURITY CON3 TRACT.—

4 ‘‘(A) IN GENERAL.—Except as provided in

5 subparagraph (B), the transfer, or change in

6 the interest, of an owner or operator in land

7 subject to a conservation security contract shall

8 result in the termination of the conservation se9 curity contract.

10 ‘‘(B) TRANSFER OF DUTIES AND

11 RIGHTS.—Subparagraph (A) shall not apply if,

12 not later than 60 days after the date of the

13 transfer or change in the interest in land, the

14 transferee of the land provides written notice to

15 the Secretary that all duties and rights under

16 the conservation security contract have been

17 transferred to the transferee.

18 ‘‘(6) TECHNICAL ASSISTANCE.—

19 ‘‘(A) IN GENERAL.—For each fiscal year,

20 the Secretary shall use such sums as are nec21 essary from funds of the Commodity Credit

22 Corporation to provide technical assistance to

23 owners and operators for the development and

24 implementation of conservation security con25 tracts.
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•HR 1321 IH

1 ‘‘(B) TECHNICAL ASSISTANCE PROVIDED

2 BY PERSONS NOT AFFILIATED WITH DEPART3 MENT OFAGRICULTURE.—

4 ‘‘(i) IN GENERAL.—Under subpara5 graph (A), subject to clause (ii), technical

6 assistance provided by qualified persons

7 not affiliated with the Department of Agri8 culture, including farmers and ranchers,

9 may include—

10 ‘‘(I) conservation planning;

11 ‘‘(II) design, installation, and

12 certification of conservation practices;

13 ‘‘(III) training for producers; and

14 ‘‘(IV) such other activities as the

15 Secretary determines to be appro16 priate.

17 ‘‘(ii) COORDINATION BY THE SEC18 RETARY.—The Secretary shall provide

19 overall technical coordination and leader20 ship for the conservation security program,

21 including final approval of all conservation

22 security plans.

23 ‘‘(7) EDUCATION, OUTREACH, MONITORING,

24 AND EVALUATION.—

25 ‘‘(A) IN GENERAL.—
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•HR 1321 IH

1 ‘‘(i) FUNDING.—In addition to the

2 amounts made available under paragraph

3 (6), for each fiscal year, the Secretary

4 shall use such sums as are necessary from

5 funds of the Commodity Credit Corpora6 tion to carry out education, outreach, mon7 itoring, and evaluation activities in support

8 of the conservation security program, of

9 which not less than 50 percent of the sums

10 shall be used for monitoring and evaluation

11 activities.

12 ‘‘(ii) AMOUNT.—For each fiscal year,

13 the amount made available under clause (i)

14 shall be not less than 40 percent of the

15 amount made available for technical assist16 ance under paragraph (6) for the fiscal

17 year.

18 ‘‘(B) USE OF PERSONS NOT AFFILIATED

19 WITH DEPARTMENT OFAGRICULTURE.—In car20 rying out activities described in subparagraph

21 (A), the Secretary may use persons not affili22 ated with the Department of Agriculture, in23 cluding networks of agricultural producers oper24 ating in a small watershed or other appropriate

25 locality.
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1 ‘‘(C) INCLUDED ACTIVITIES.—Activities

2 described in subparagraph (A) may include in3 novative uses of computer technology and re4 mote sensing to monitor and evaluate resource

5 and environmental results on a local, regional,

6 or national level.

7 ‘‘(8) PROGRAM EVALUATION.—The Secretary

8 shall maintain data concerning conservation security

9 plans, conservation practices planned or imple10 mented, environmental outcomes, economic costs,

11 and related matters under this section.

12 ‘‘(9) CONFIDENTIALITY.—To maintain con13 fidentiality, the Secretary shall not release or dis14 close publicly the conservation security plan of an

15 owner or operator under this chapter unless the

16 Secretary—

17 ‘‘(A) obtains the authorization of the

18 owner or operator for the release or disclosure;

19 ‘‘(B) releases the information in an anony20 mous or aggregated form; or

21 ‘‘(C) is otherwise required by law to release

22 or disclose the plan.

23 ‘‘(10) MEDIATION AND INFORMAL HEARINGS.—

24 If the Secretary makes a decision under this chapter

25 that is adverse to an owner or operator, at the re-
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1 quest of the owner or operator, the Secretary shall

2 provide the owner or operator with mediation serv3 ices or an informal hearing on the decision.

4 ‘‘(i) REPORTS.—Not later than 18 months after the

5 date of enactment of this chapter and at the end of each

6 two-year period thereafter, the Secretary shall submit to

7 Congress a report evaluating the results of the conserva8 tion security program, including—

9 ‘‘(1) an evaluation of the scope, quality, and

10 outcomes of the conservation practices carried out

11 under this section; and

12 ‘‘(2) recommendations for achieving specific

13 and quantifiable improvements for each of the pur14 poses specified in subsection (a).

15 ‘‘(j) FUNDING.—The Commodity Credit Corporation

16 shall make available to the Secretary, from funds of the

17 Corporation, such sums as are necessary to carry out this

18 chapter.’’.

19 (b) ADMINISTRATION.—Section 1243(a) of the Food

20 Security Act of 1985 (16 U.S.C. 3843(a)) is amended—

21 (1) in paragraph (1)(C), by striking ‘‘and’’ at

22 the end;

23 (2) in paragraph (2), by striking the period at

24 the end and inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(3) the conservation security program estab2 lished under chapter 6 of subtitle D.’’.

3 (c) STATE TECHNICAL COMMITTEES.—Section

4 1262(c)(8) of the Food Security Act of 1985 (16 U.S.C.

5 3862(c)(8)) is amended by striking ‘‘chapter 4’’ and in6 serting ‘‘chapters 4 and 6’’.

7 SEC. 4. REGULATIONS.

8 The Secretary of Agriculture shall promulgate such

9 regulations as are necessary to carry out this Act and the

10 amendments made by this Act.

Æ