I

107TH CONGRESS

1ST SESSION H. R. 1949

To amend the Food Security Act of 1985 to establish the conservation

security program.

IN THE HOUSE OF REPRESENTATIVES

MAY 22, 2001

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

BALDWIN, Mr. WYNN, Mr. OBERSTAR, Mr. BRADY of Texas, Mr. BEREUTER, Mrs. EMERSON, Ms. SLAUGHTER, Mr. SHIMKUS, Mr. RAMSTAD, Ms.

MCCOLLUM, Mr. COOKSEY, and Mr. BOUCHER) introduced the following

bill; which was referred to the Committee on Agriculture, and in addition

to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To amend the Food Security Act of 1985 to establish the

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 of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) in addition to producing food and fiber, ag2 ricultural producers can contribute to the public

3 good by providing improved soil productivity, clean

4 air and water, fish and wildlife habitat, landscape

5 and recreational amenities, and other natural re6 sources and environmental benefits;

7 (2) agricultural producers in the United States

8 have a long history of embracing environmentally

9 friendly conservation practices and desire to con10 tinue those practices and engage in new and addi11 tional conservation practices;

12 (3) agricultural producers that engage in con13 servation practices—

14 (A) may not receive economic rewards for

15 implementing conservation practices; and

16 (B) should be encouraged to engage in

17 good stewardship, and should be rewarded for

18 doing so;

19 (4) despite significant progress in recent years,

20 significant environmental challenges on agricultural

21 land remain;

22 (5) since the 1930’s, when agricultural con23 servation became a national priority, Federal re24 sources for conservation assistance have declined

25 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;

13 (C) enable United States farmers and

14 ranchers to produce food for a growing world

15 population; and

16 (D) encourage conservation practices that

17 provide a public benefit while not infringing on

18 the freedom of an agricultural producer to man19 age agricultural operations as the agricultural

20 producer chooses;

21 (8) total farm conservation planning can help

22 producers increase profitability, enhance resource

23 protection, and improve quality of life;
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1 (9) on-farm practices may help deter invasive

2 species that jeopardize native species or impair agri3 cultural land of the United States; and

4 (10) a conservation program described in para5 graph (7) would help achieve a better balance be6 tween Federal payments supporting conservation on

7 land used for agricultural production and Federal

8 payments for the purpose of retiring agricultural

9 land from production.

10 SEC. 3. CONSERVATION SECURITY PROGRAM.

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

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

13 by adding at the end the following:

14 ‘‘CHAPTER 6—CONSERVATION SECURITY

15 PROGRAM

16 ‘‘SEC. 1240P. DEFINITIONS.

17 ‘‘In this chapter:

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

19 ‘conservation practice’ means a land-based farming

20 technique that—

21 ‘‘(A) requires planning, implementation,

22 management, and maintenance; and

23 ‘‘(B) promotes 1 or more of the purposes

24 described in section 1240Q(a).
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1 ‘‘(2) CONSERVATION SECURITY CONTRACT.—

2 The term ‘conservation security contract’ means a

3 contract described in section 1240Q(e).

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

5 term ‘conservation security plan’ means a plan de6 scribed in section 1240Q(c).

7 ‘‘(4) CONSERVATION SECURITY PROGRAM.—The

8 term ‘conservation security program’ means the pro9 gram established under section 1240Q(a).

10 ‘‘(5) NUTRIENT MANAGEMENT.—The term ‘nu11 trient management’ means management of the quan12 tity, source, placement, form, and timing of the land

13 application of nutrients on land enrolled in the con14 servation security program and other additions to

15 soil—

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

17 fertility for agricultural production; and

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

19 environmental quality, including soil, water, fish

20 and wildlife habitat, and air quality impair21 ment.

22 ‘‘(6) RESOURCE OF CONCERN.—The term ‘re23 source of concern’ means a conservation priority of

24 the State and locality under section 1240Q(c)(3).
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1 ‘‘(7) RESOURCE-CONSERVING CROP.—The term

2 ‘resource-conserving crop’ means—

3 ‘‘(A) a perennial grass;

4 ‘‘(B) a legume grown for use as forage,

5 seed for planting, or green manure;

6 ‘‘(C) a legume-grass mixture;

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

8 with a grass or legume, whether interseeded or

9 planted in succession; and

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

11 and annual grasses, as the Secretary considers

12 appropriate for a particular area.

13 ‘‘(8) RESOURCE-CONSERVING CROP ROTA14 TION.—The term ‘resource-conserving crop rotation’

15 means a crop rotation that—

16 ‘‘(A) includes at least 1 resource-con17 serving crop;

18 ‘‘(B) reduces erosion;

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

20 ‘‘(D) interrupts pest cycles.

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

22 term ‘resource management system’ means a system

23 of conservation practices and management relating

24 to land or water use that is designed to prevent re25 source degradation and permit sustained use of the
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1 land and water, as defined in the Natural Resource

2 Conservation Service technical guidance handbooks.

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

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

5 conservation security program to assist owners and opera6 tors of agricultural operations to promote, as is applicable

7 for each operation—

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

9 other related resources;

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

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

12 ‘‘(4) air quality protection and improvement;

13 ‘‘(5) soil, plant, or animal health and well14 being;

15 ‘‘(6) diversity of flora and fauna;

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

17 biological resources, including plant and animal

18 germplasm;

19 ‘‘(8) wetland restoration, conservation, and en20 hancement;

21 ‘‘(9) wildlife habitat management, with special

22 emphasis on species identified by the Natural Herit23 age Program of the State;

24 ‘‘(10) reduction of greenhouse gas emissions

25 and enhancement of carbon sequestration;
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1 ‘‘(11) systems that protect human health and

2 safety;

3 ‘‘(12) environmentally sound management of

4 invasive species; or

5 ‘‘(13) any similar conservation purpose (as de6 termined by the Secretary).

7 ‘‘(b) ELIGIBILITY.—

8 ‘‘(1) ELIGIBLE OWNERS AND OPERATORS.—To

9 be eligible to participate in the conservation security

10 program (other than to receive technical assistance

11 under subsection (h)(6) for the development of con12 servation security contracts), an owner or operator

13 shall—

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

15 and obtain the approval of the Secretary of, a

16 conservation security plan that meets the re17 quirements of subsection (c)(1); and

18 ‘‘(B) enter into a conservation security

19 contract with the Secretary to carry out the

20 conservation security plan.

21 ‘‘(2) ELIGIBLE LAND.—

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

23 subparagraph (C)(iii), private agricultural land

24 (including cropland, rangeland, grassland, and

25 pasture land) that is entirely used as part of
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1 the agricultural operation of an owner or oper2 ator on the date of enactment of this chapter

3 shall be eligible for enrollment in the conserva4 tion security program.

5 ‘‘(B) FORESTED LAND.—Private forested

6 land shall be eligible for enrollment in the con7 servation security program if the forested land

8 is integrated into the agricultural operation, in9 cluding land that is used for—

10 ‘‘(i) alleycropping;

11 ‘‘(ii) forest farming;

12 ‘‘(iii) forest buffers;

13 ‘‘(iv) windbreaks;

14 ‘‘(v) silvopasture systems; and

15 ‘‘(vi) such other uses as the Secretary

16 may determine appropriate.

17 ‘‘(C) EXCLUSIONS.—

18 ‘‘(i) CONSERVATION RESERVE PRO19 GRAM.—Land enrolled in the conservation

20 reserve program under subchapter B of

21 chapter I shall not be eligible for enroll22 ment in the conservation security program

23 except for land enrolled in partial field con24 servation practice enrollment options.
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1 ‘‘(ii) WETLANDS RESERVE PRO2 GRAM.—Land enrolled in the wetlands pre3 serve program established under sub4 chapter C of chapter 1 of subtitle D shall

5 not be eligible for enrollment in the con6 servation security program.

7 ‘‘(iii) TOLERANCE LEVEL.—The Sec8 retary shall promulgate regulations to en9 sure that land shall not be eligible for en10 rollment in the conservation security pro11 gram if the land—

12 ‘‘(I) is initially used for the pro13 duction of an agricultural commodity

14 after the date of enactment of this

15 chapter; and

16 ‘‘(II) cannot be used for the pro17 duction of an agricultural commodity

18 without resulting in the loss of soil at

19 a level that exceeds the soil loss toler20 ance level.

21 ‘‘(c) CONSERVATION SECURITY PLANS.—

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

23 plan shall—
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1 ‘‘(A) identify the resources and designated

2 land to be conserved under the conservation se3 curity plan;

4 ‘‘(B) describe the tier of conservation prac5 tices, and the particular conservation practices

6 to be implemented, maintained, or improved, in

7 accordance with subsection (d) on the land cov8 ered by the conservation security contract for

9 the specified term;

10 ‘‘(C) contain a schedule for the implemen11 tation, maintenance, or improvement of the con12 servation practices described in the conservation

13 security plan during the term of the conserva14 tion security contract;

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

16 erodible land and wetland conservation require17 ments of subtitles B and C; and

18 ‘‘(E) contain such other terms as the Sec19 retary determines to be appropriate.

20 ‘‘(2) COMPREHENSIVE PLANNING.—The Sec21 retary shall encourage owners and operators that

22 enter into conservation security contracts—

23 ‘‘(A) to undertake a comprehensive exam24 ination of the opportunities for conserving nat25 ural resources and improving the profitability,
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1 environmental health, and quality of life in rela2 tion to their entire agricultural operations;

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

4 implementing, monitoring, and evaluating con5 servation practices and environmental results in

6 the entire agricultural operation;

7 ‘‘(C) to participate in other Federal, State,

8 local, or private conservation programs;

9 ‘‘(D) to maintain the agricultural integrity

10 of the land; and

11 ‘‘(E) to adopt innovative conservation tech12 nologies and management practices.

13 ‘‘(3) STATE AND LOCAL CONSERVATION PRIOR14 ITIES.—To the maximum extent practicable and in

15 a manner consistent with the conservation security

16 program, each conservation security plan shall ad17 dress the conservation priorities of the State and lo18 cality in which the agricultural operation is located

19 (as determined by the State conservationist in con20 sultation with the State technical committee estab21 lished under subtitle G and the local working groups

22 of the State technical committee).

23 ‘‘(d) CONSERVATION PRACTICES.—

24 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) ESTABLISHMENT OF TIERS.—The

2 Secretary shall establish 3 tiers of conservation

3 practices that are eligible for payment under a

4 conservation security contract.

5 ‘‘(B) ELIGIBLE CONSERVATION PRAC6 TICES.—

7 ‘‘(i) IN GENERAL.—The Secretary

8 shall make eligible for payment under a

9 conservation security contract land man10 agement, vegetative, and structural prac11 tices that—

12 ‘‘(I) are necessary to achieve the

13 objectives of the conservation security

14 plan; and

15 ‘‘(II) primarily provide for and

16 have as the primary purpose resource

17 protection and environmental improve18 ment.

19 ‘‘(ii) DETERMINATION.—

20 ‘‘(I) IN GENERAL.—In deter21 mining the eligibility of a practice de22 scribed in clause (i), the Secretary

23 shall require the lowest cost alter24 natives be used to fulfill the objectives

25 of the conservation security plan.
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1 ‘‘(II) LIMITATION.—Notwith2 standing subclause (I), the adoption

3 of innovative technologies shall, to the

4 maximum extent practicable, not be

5 limited.

6 ‘‘(2) SUSTAINABLE ECONOMIC USES.—With re7 spect to land enrolled in the conservation security

8 program, including all land use adjustment activities

9 specified under Tier II, the Secretary shall permit

10 economic uses of the land that—

11 ‘‘(A) maintain the agricultural nature of

12 land;

13 ‘‘(B) achieve the natural resource and en14 vironmental benefits of the plan; and

15 ‘‘(C) are approved as part of the conserva16 tion security plan.

17 ‘‘(3) ON-FARM RESEARCH AND DEMONSTRA18 TION.—With respect to land enrolled in the con19 servation security program that will be maintained

20 using a Tier II or Tier III conservation practice es21 tablished under paragraph (5), the Secretary may

22 approve a conservation security plan that includes

23 on-farm research and demonstration activities, in24 cluding innovative approaches to—

25 ‘‘(A) total farm planning;
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1 ‘‘(B) total resource management;

2 ‘‘(C) integrated farming systems;

3 ‘‘(D) germplasm conservation and regen4 eration;

5 ‘‘(E) greenhouse gas reduction and carbon

6 sequestration;

7 ‘‘(F) agro-ecological restoration and wild8 life habitat restoration;

9 ‘‘(G) agro-forestry;

10 ‘‘(H) invasive species control;

11 ‘‘(I) energy conservation and management;

12 or

13 ‘‘(J) farm and environmental results moni14 toring and evaluation.

15 ‘‘(4) USE OF HANDBOOK AND GUIDES.—

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

17 conservation practices under the conservation

18 security program, the Secretary shall use the

19 National Handbook of Conservation Practices

20 and the field office technical guides of the Nat21 ural Resources Conservation Service.

22 ‘‘(B) CONSERVATION PRACTICE STAND23 ARDS.—To the maximum extent practicable, the

24 Secretary shall establish guidance standards for

25 implementation of eligible conservation prac-
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1 tices that shall include measurable goals for en2 hancing and preventing degradation of re3 sources.

4 ‘‘(C) ADJUSTMENTS.—After providing no5 tice and an opportunity for public participation,

6 the Secretary shall make such adjustments to

7 the National Handbook of Conservation Prac8 tices as are necessary to carry out this chapter.

9 ‘‘(D) PILOT TESTING.—

10 ‘‘(i) IN GENERAL.—Under any of the

11 3 tiers of conservation practices established

12 under paragraph (5), the Secretary may

13 approve requests by an owner or operator

14 for pilot testing of new technologies and

15 innovative conservation practices and sys16 tems.

17 ‘‘(ii) INCORPORATION INTO STAND18 ARDS.—After evaluation by the Secretary

19 and provision of notice and an opportunity

20 for public participation, the Secretary may

21 incorporate new technologies and innova22 tive conservation practices and systems

23 into the standards for implementation of

24 conservation practices established under

25 paragraph (1)(C).
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1 ‘‘(5) TIERS.—To carry out this subsection, the

2 Secretary shall establish the following 3 tiers of con3 servation practices:

4 ‘‘(A) TIER I.—

5 ‘‘(i) IN GENERAL.—A conservation se6 curity plan for land enrolled in the con7 servation security program that will be

8 maintained using Tier I conservation prac9 tices shall—

10 ‘‘(I) if applicable, address at least

11 1 resource of concern to the particular

12 agricultural operation;

13 ‘‘(II) apply to the total agricul14 tural operation or to a particular unit

15 of the agricultural operation;

16 ‘‘(III) cover both—

17 ‘‘(aa) conservation practices

18 that are being implemented as of

19 the date on which the conserva20 tion security contract is entered

21 into; and

22 ‘‘(bb) conservation practices

23 that are newly implemented

24 under the conservation security

25 contract; and
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1 ‘‘(IV) meet applicable standards

2 for implementation of conservation

3 practices established under paragraph

4 (4);

5 ‘‘(ii) CONSERVATION PRACTICES.—

6 Tier I conservation practices shall consist

7 of, as appropriate for the agricultural oper8 ation of an owner or operator, 1 or more

9 of the following basic conservation activi10 ties:

11 ‘‘(I) Soil conservation, quality,

12 and residue management.

13 ‘‘(II) Nutrient management.

14 ‘‘(III) Pest management.

15 ‘‘(IV) Invasive species manage16 ment.

17 ‘‘(V) Irrigation water conserva18 tion and water quality management.

19 ‘‘(VI) Grazing, pasture, and

20 rangeland management.

21 ‘‘(VII) Fish and wildlife habitat

22 management, with special emphasis

23 on species identified by the Natural

24 Heritage Program of the State or the

25 appropriate State agency.
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1 ‘‘(VIII) Fish and wildlife protec2 tion and enhancement.

3 ‘‘(IX) Air quality management.

4 ‘‘(X) Energy conservation meas5 ures.

6 ‘‘(XI) Biological resource con7 servation and regeneration.

8 ‘‘(XII) Worker health and safety

9 protection measures.

10 ‘‘(XIII) Animal welfare manage11 ment.

12 ‘‘(XIV) Plant and animal

13 germplasm conservation, evaluation,

14 and development.

15 ‘‘(XV) Contour farming.

16 ‘‘(XVI) Strip cropping.

17 ‘‘(XVII) Cover cropping.

18 ‘‘(XVIII) Sediment dams.

19 ‘‘(XIX) Recordkeeping.

20 ‘‘(XX) Monitoring and evalua21 tion.

22 ‘‘(XXI) Any other conservation

23 practice that the Secretary determines

24 to be appropriate and comparable to
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1 other conservation practices described

2 in this clause.

3 ‘‘(iii) TIER II PRACTICES.—A con4 servation security plan for land enrolled in

5 the conservation security program that will

6 be maintained using Tier I conservation

7 practices may include Tier II conservation

8 practices.

9 ‘‘(B) TIER II.—

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 II conservation

14 practices shall—

15 ‘‘(I) address at least 1 resource

16 of concern as specified in the con17 servation security plan covering the

18 total agricultural operation;

19 ‘‘(II) cover both—

20 ‘‘(aa) conservation practices

21 that are being implemented as of

22 the date on which the conserva23 tion security contract is entered

24 into; and
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1 ‘‘(bb) conservation practices

2 that are newly implemented

3 under the conservation security

4 contract; and

5 ‘‘(III) meet applicable resource

6 management system criteria for the

7 chosen resource of concern of the ag8 ricultural operation;

9 ‘‘(ii) CONSERVATION PRACTICES.—

10 Tier II conservation practices shall consist

11 of, as appropriate for the agricultural oper12 ation of an owner or operator, any of the

13 Tier I conservation practices and 1 or

14 more of the following land use adjustment

15 or protection practices:

16 ‘‘(I) Resource-conserving crop ro17 tations.

18 ‘‘(II) Controlled, rotational graz19 ing.

20 ‘‘(III) Conversion of portions of

21 cropland from a soil-depleting use to a

22 soil-conserving use, including produc23 tion of cover crops.

24 ‘‘(IV) Partial field conservation

25 practices (including windbreaks, grass
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1 waterways, shelter belts, filter strips,

2 riparian buffers, wetland buffers, con3 tour buffer strips, living snow fences,

4 crosswind trap strips, field borders,

5 grass terraces, wildlife corridors, and

6 critical area planting appropriate to

7 the agricultural operation).

8 ‘‘(V) Fish and wildlife habitat

9 protection and restoration.

10 ‘‘(VI) Native grassland and prai11 rie protection and restoration.

12 ‘‘(VII) Wetland protection and

13 restoration.

14 ‘‘(VIII) Agroforestry practices

15 and systems.

16 ‘‘(IX) Any other conservation

17 practice involving modification of the

18 use of land that the Secretary deter19 mines to be appropriate and com20 parable to other conservation practices

21 described in this clause.

22 ‘‘(C) TIER III.—

23 ‘‘(i) IN GENERAL.—A conservation se24 curity plan for land enrolled in the con25 servation security program that will be
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1 maintained using Tier III conservation

2 practices shall—

3 ‘‘(I) address all resources of con4 cern in the total agricultural oper5 ation;

6 ‘‘(II) cover both—

7 ‘‘(aa) conservation practices

8 that are being implemented as of

9 the date on which the conserva10 tion security contract is entered

11 into; and

12 ‘‘(bb) conservation practices

13 that are newly implemented

14 under the conservation security

15 contract; and

16 ‘‘(III) meet applicable resource

17 management system criteria;

18 ‘‘(ii) CONSERVATION PRACTICES.—

19 Tier III conservation practices shall consist

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

22 ‘‘(I) appropriate Tier I and Tier

23 II conservation practices; and

24 ‘‘(II) development, implementa25 tion, and maintenance of a conserva-
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1 tion security plan that, over the term

2 of the conservation security

3 contract—

4 ‘‘(aa) integrates a full com5 plement of conservation practices

6 to foster environmental enhance7 ment and the long-term sustain8 ability of the natural resource

9 base of an agricultural operation;

10 and

11 ‘‘(bb) improves profitability

12 and quality of life associated with

13 the agricultural operation.

14 ‘‘(e) CONSERVATION SECURITY CONTRACTS.—

15 ‘‘(1) IN GENERAL.—On approval of a conserva16 tion security plan of an owner or operator, the Sec17 retary shall enter into a conservation security con18 tract with the owner or operator to enroll the land

19 covered by the conservation security plan in the con20 servation security program.

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

22 (4)—

23 ‘‘(A) a conservation security contract for

24 land enrolled in the conservation security pro25 gram that will be maintained using 1 or more
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1 Tier I conservation practices shall have a term

2 of 5 years; and

3 ‘‘(B) a conservation security contract for

4 land enrolled in the conservation security pro5 gram that implements a conservation security

6 plan that meets the requirements of subpara7 graph (B) or (C) of subsection (d)(5) shall have

8 a term of 5 to 10 years, at the option of the

9 owner or operator.

10 ‘‘(3) MODIFICATIONS.—

11 ‘‘(A) OPTIONAL MODIFICATIONS.—

12 ‘‘(i) IN GENERAL.—An owner or oper13 ator may apply to the Secretary to modify

14 the conservation security plan in a manner

15 consistent with the purposes of the con16 servation security program.

17 ‘‘(ii) APPROVAL BY THE SEC18 RETARY.—Any modification under clause

19 (i)—

20 ‘‘(I) shall be approved by the

21 Secretary; and

22 ‘‘(II) shall authorize the Sec23 retary to redetermine, if necessary,

24 the amount and timing of the pay25 ments pursuant to the conservation
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1 security contract under subsection

2 (h)(2)(C).

3 ‘‘(B) OTHER MODIFICATIONS.—

4 ‘‘(i) IN GENERAL.—The Secretary

5 may in writing require an owner or oper6 ator to modify a conservation security con7 tract before the expiration of the conserva8 tion security contract if the Secretary de9 termines that a change made to the type,

10 size, management, or other aspect of the

11 agricultural operation of the owner or op12 erator would, without the modification, sig13 nificantly interfere with achieving the pur14 poses of the conservation security program.

15 ‘‘(ii) PAYMENTS.—The Secretary may

16 adjust the amount and timing of the pay17 ment schedule under the conservation secu18 rity contract to reflect any modifications

19 required under this subparagraph.

20 ‘‘(iii) DEADLINE.—The Secretary may

21 terminate a conservation security contract

22 if a modification required under this sub23 paragraph is not submitted to the Sec24 retary in the form of an amended con25 servation security contract by the date that
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1 is 90 days after the date of receipt of the

2 written request for the modification.

3 ‘‘(iv) TERMINATION.—An owner or

4 operator that is required to modify a con5 servation security contract under this sub6 paragraph may, in lieu of modifying the

7 contract—

8 ‘‘(I) terminate the conservation

9 security contract; and

10 ‘‘(II) retain payments received

11 under the conservation security con12 tract, if the owner or operator fully

13 complied with the obligations of the

14 owner or operator under the conserva15 tion security contract.

16 ‘‘(4) RENEWAL.—

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

18 owner or operator, the conservation security

19 contract of the owner or operator may be re20 newed, for a term described in subparagraph

21 (B), if—

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

23 any modification of the applicable con24 servation security contract that the Sec25 retary determines to be necessary to
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1 achieve the purposes of the conservation

2 security program;

3 ‘‘(ii) the Secretary determines that

4 the owner or operator has complied with

5 the terms and conditions of the conserva6 tion security contract, including the con7 servation security plan; and

8 ‘‘(iii) in the case of a conservation se9 curity contract for land previously enrolled

10 at the tier I level in the conservation secu11 rity program, the owner or operator shall

12 increase the level of conservation treatment

13 on lands enrolled in the conservation secu14 rity program by—

15 ‘‘(I) adopting new conservation

16 practices; or

17 ‘‘(II) expanding existing practices

18 to meet the resource management sys19 tems criteria.

20 ‘‘(B) TERMS OF RENEWAL.—Under sub21 paragraph (A)—

22 ‘‘(i) a conservation security contract

23 for land enrolled in the conservation secu24 rity program that will be maintained using
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1 a Tier I conservation practice may be re2 newed for 5-year terms;

3 ‘‘(ii) a conservation security contract

4 for land enrolled in the conservation secu5 rity program that will be maintained using

6 a Tier II or Tier III conservation practice

7 may be renewed for 5-year to 10-year

8 terms, at the option of the owner or oper9 ator; and

10 ‘‘(iii) previous participation in the

11 conservation security program does not bar

12 renewal more than once.

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

14 CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER

15 OR OPERATOR.—The Secretary shall include in the con16 servation security contract a provision, and may modify

17 a conservation security contract under subsection

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

19 be considered in violation of a conservation security con20 tract for failure to comply with the conservation security

21 contract due to circumstances beyond the control of the

22 owner or operator, including a disaster or related condi23 tion.

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

25 a conservation security contract, an owner or operator
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1 shall agree, during the term specified under the conserva2 tion security contract—

3 ‘‘(1) to implement the applicable conservation

4 security plan approved by the Secretary;

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

6 effective and timely implementation of the conserva7 tion security plan;

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

9 interfere with the purposes of the conservation secu10 rity plan;

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

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

13 the owner or operator fails to maintain a conserva14 tion practice, as specified in the conservation secu15 rity contract; and

16 ‘‘(5) on the violation of a term or condition of

17 the conservation security contract—

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

19 violation warrants termination of the conserva20 tion security contract—

21 ‘‘(i) to forfeit all rights to receive pay22 ments under the conservation security con23 tract; and

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

25 a portion of the payments received by the
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1 owner or operator under the conservation

2 security contract, including an advance

3 payment and interest on the payments, as

4 determined by the Secretary; or

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

6 violation does not warrant termination of the

7 conservation security contract, to refund to the

8 Secretary, or accept adjustments to, the pay9 ments provided to the owner or operator, as the

10 Secretary determines to be appropriate.

11 ‘‘(h) DUTIES OF THE SECRETARY.—

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

13 which a person enters into a conservation security

14 contract, the Secretary shall make an advance pay15 ment to the person in an amount not to exceed—

16 ‘‘(A) in the case of a contract to maintain

17 Tier I conservation practices described in sub18 section (d)(5)(A), the greater of—

19 ‘‘(i) $1,000; or

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

21 annual payment under the contract, as de22 termined by the Secretary;

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

24 Tier II conservation practices described in sub25 section (d)(5)(B), the greater of—
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1 ‘‘(i) $2,000; or

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

3 annual payment under the contract, as de4 termined by the Secretary; or

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

6 Tier III conservation practices described in sub7 section (d)(5)(C), the greater of—

8 ‘‘(i) $3,000; or

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

10 annual payment under the contract, as de11 termined by the Secretary.

12 ‘‘(2) ANNUAL PAYMENTS.—

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graphs (B) through (F), under a conservation

15 security contract, the Secretary shall, in

16 amounts and for a period of years specified in

17 the conservation security contract and taking

18 into account any advance payments, make an

19 annual payment to the person in an amount not

20 to exceed—

21 ‘‘(i) in the case of a contract to main22 tain Tier I conservation practices described

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

24 ‘‘(ii) in the case of a contract to main25 tain Tier II conservation practices de-
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1 scribed in subsection (d)(5)(B), $35,000;

2 or

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

4 maintain Tier III conservation practices

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

6 ‘‘(B) INFLATION ADJUSTMENT.—The Sec7 retary may periodically, including at the time at

8 which a conservation security contract is re9 newed, adjust the payment and payment limita10 tions under subparagraph (A) to reflect changes

11 in the Prices Paid by Farmers Index.

12 ‘‘(C) TIME OF PAYMENT.—The Secretary

13 shall provide payment under a conservation se14 curity contract as soon as practicable after Oc15 tober 1 of each calendar year.

16 ‘‘(D) CRITERIA FOR DETERMINING

17 AMOUNT OF PAYMENTS.—Subject to subpara18 graphs (A) and (F), the Secretary shall estab19 lish criteria for determining the amount of an

20 annual payment to a person under this para21 graph that—

22 ‘‘(i) shall be as objective and trans23 parent as practicable; and

24 ‘‘(ii) shall be based on—
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1 ‘‘(I) to the maximum extent prac2 ticable, outcome-based factors related

3 to the natural resource and environ4 mental benefits that result from the

5 adoption, maintenance, and improve6 ment in implementation of the con7 servation practices carried out by the

8 person;

9 ‘‘(II) practice-based factors,

10 including—

11 ‘‘(aa) the number of eligible

12 practices established or main13 tained;

14 ‘‘(bb) the schedule for the

15 conservation practices described

16 in subsection (c)(1)(C);

17 ‘‘(cc) the cost of the adop18 tion, maintenance, and improve19 ment in implementation of con20 servation practices that are newly

21 implemented under the conserva22 tion security contract;

23 ‘‘(dd) the extent to which

24 compensation will ensure mainte25 nance and improvement of con-
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1 servation practices that are or

2 have been implemented;

3 ‘‘(ee) the extent to which the

4 conservation security plan meets

5 applicable resource management

6 system standards;

7 ‘‘(ff) the extent to which the

8 conservation security plan ad9 dresses State and local conserva10 tion priorities as provided for

11 under subsection (c)(3); and

12 ‘‘(gg) the extent of activities

13 undertaken beyond what is re14 quired to comply with any appli15 cable Federal agricultural law;

16 ‘‘(III) additional cost factors,

17 including—

18 ‘‘(aa) the income loss or eco19 nomic value forgone by the per20 son due to land use adjustments

21 resulting from the adoption,

22 maintenance, and improvement

23 of conservation practices;

24 ‘‘(bb) the costs associated

25 with any on-farm research, dem-
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•HR 1949 IH

1 onstration, or pilot testing com2 ponents of the conservation secu3 rity plan; and

4 ‘‘(cc) the costs associated

5 with monitoring and evaluating

6 results under the conservation se7 curity plan; and

8 ‘‘(IV) such other factors as the

9 Secretary determines to be appro10 priate to encourage participation in

11 the conservation security program and

12 to reward environmental stewardship.

13 ‘‘(E) BONUS PAYMENT.—Subject to sub14 paragraph (A), the Secretary shall offer bonus

15 payments based on—

16 ‘‘(i) participation in a watershed or

17 regional resource conservation plan involv18 ing at least 75 percent of landowners in

19 the targeted area; and

20 ‘‘(ii) the special considerations associ21 ated with an owner or operator that is a

22 qualified beginning farmer or rancher (as

23 defined in section 343(a) of the Consoli24 dated Farm and Rural Development Act (7

25 U.S.C. 1991(a))).
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1 ‘‘(F) LAND ENROLLED IN OTHER CON2 SERVATION PROGRAMS.—

3 ‘‘(i) IN GENERAL.—Notwithstanding

4 any other provision of law, if an owner or

5 operator has land enrolled in another con6 servation program administered by the

7 Secretary and has applied to enroll the

8 same land in the conservation security pro9 gram, the owner or operator may elect

10 to—

11 ‘‘(I) convert the contract under

12 the other conservation program to a

13 conservation security contract, with14 out penalty, except that this subclause

15 shall not apply to a long-term perma16 nent conservation or easement; or

17 ‘‘(II) have each annual payment

18 to the owner or operator under this

19 paragraph reduced to reflect payment

20 for practices the owner or operator re21 ceives under the other conservation

22 program, except that the annual pay23 ment under this paragraph may in24 clude incentives for qualified practices

25 that enhance or extend the conserva-
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1 tion benefit achieved under the other

2 conservation program.

3 ‘‘(ii) PAYMENT LIMITATIONS.—If an

4 owner or operator has identical land en5 rolled in the conservation security program

6 and 1 or more other conservation pro7 grams administered by the Secretary, the

8 Secretary shall include all payments, other

9 than easement or rental payments, from

10 the conservation security program and the

11 other conservation programs in applying

12 the annual payment limitations under sub13 paragraph (A).

14 ‘‘(iii) PAYMENT FROM NON-FEDERAL

15 AGRICULTURAL PROGRAMS.—Payments re16 ceived from a Federal program adminis17 tered by the Secretary, or any State, local,

18 or private agricultural program, shall not

19 be considered an annual payment for pur20 poses of the annual payment limitations

21 under subparagraph (A).

22 ‘‘(G) WASTE STORAGE OR TREATMENT FA23 CILITIES.—An annual payment to an owner or

24 operator under this paragraph shall not be pro25 vided for the purpose of construction or mainte-
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•HR 1949 IH

1 nance of animal waste storage or treatment fa2 cilities or associated waste transport or transfer

3 devices for animal feeding operations.

4 ‘‘(3) REGULATIONS.—

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

6 issue regulations—

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

8 purposes of this chapter—

9 ‘‘(I) which regulations shall con10 form, to the extent practicable, to the

11 regulations defining the term ‘person’

12 issued under section 1001; and

13 ‘‘(II) which term shall be defined

14 so that no individual directly or indi15 rectly may receive payments exceeding

16 the applicable amount specified in

17 paragraph (1) or (2);

18 ‘‘(ii) providing adequate safeguards to

19 protect the interests of tenants and share20 croppers, including provision for sharing,

21 on a fair and equitable basis; and

22 ‘‘(iii) prescribing such other rules as

23 the Secretary determines to be necessary

24 to ensure a fair and reasonable application
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1 of the limitations established under para2 graphs (1) and (2).

3 ‘‘(B) PENALTIES FOR SCHEMES OR DE4 VICES.—

5 ‘‘(i) IN GENERAL.—If the Secretary

6 determines that a person has adopted a

7 scheme or device to evade, or that has the

8 purpose of evading, the regulations issued

9 under subparagraph (A), the person shall

10 be ineligible to participate in the conserva11 tion security program for the year for

12 which the scheme or device was adopted

13 and each of the following 5 years.

14 ‘‘(ii) FRAUD.—If the Secretary deter15 mines that fraud was committed in connec16 tion with the scheme or device, the person

17 shall be ineligible to participate in the con18 servation security program for the year for

19 which the scheme or device was adopted

20 and each of the following 10 years.

21 ‘‘(4) TERMINATION.—

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

23 (g), the Secretary shall allow an owner or oper24 ator to terminate the conservation security con25 tract.
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1 ‘‘(B) PAYMENTS.—The owner or operator

2 may retain any or all payments received under

3 a terminated conservation security contract if—

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

5 compliance with the terms and conditions,

6 including any maintenance requirements,

7 of the conservation security contract; and

8 ‘‘(ii) the Secretary determines that re9 tention of payment will not defeat the

10 goals enumerated in the conservation secu11 rity plan of the owner or operator.

12 ‘‘(5) TRANSFER OR CHANGE OF INTEREST IN

13 LAND SUBJECT TO CONSERVATION SECURITY CON14 TRACT.—

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

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

17 the interest, of an owner or operator in land

18 subject to a conservation security contract shall

19 result in the termination of the conservation se20 curity contract.

21 ‘‘(B) TRANSFER OF DUTIES AND

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

23 not later than 60 days after the date of the

24 transfer or change in the interest in land, the

25 transferee of the land provides written notice to
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1 the Secretary that all duties and rights under

2 the conservation security contract have been

3 transferred to the transferee.

4 ‘‘(6) TECHNICAL ASSISTANCE.—

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

6 the Secretary shall use such sums as are nec7 essary from funds of the Commodity Credit

8 Corporation to provide technical assistance to

9 owners and operators for the development and

10 implementation of conservation security con11 tracts.

12 ‘‘(B) TECHNICAL ASSISTANCE PROVIDED

13 BY PERSONS NOT EMPLOYED BY THE DEPART14 MENT OF AGRICULTURE.—

15 ‘‘(i) IN GENERAL.—Under subpara16 graph (A), subject to clause (ii), technical

17 assistance provided by qualified persons

18 not employed by the Department of Agri19 culture, including farmers, ranchers, and

20 local conservation district personnel, may

21 include—

22 ‘‘(I) conservation planning;

23 ‘‘(II) design, installation, and

24 certification of conservation practices;

25 ‘‘(III) training for producers; and
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1 ‘‘(IV) such other activities as the

2 Secretary determines to be appro3 priate.

4 ‘‘(ii) OUTSIDE ASSISTANCE.—

5 ‘‘(I) IN GENERAL.—The Sec6 retary may contract directly with

7 qualified persons not employed by the

8 Department of Agriculture to provide

9 technical assistance.

10 ‘‘(II) PAYMENT BY SEC11 RETARY.—The Secretary may provide

12 a payment or voucher to an owner or

13 operator enrolled in the conservation

14 security program if the owner or oper15 ator chooses to contract with qualified

16 persons not employed by the Depart17 ment of Agriculture.

18 ‘‘(iii) COORDINATION BY THE SEC19 RETARY.—The Secretary shall provide

20 overall technical coordination and leader21 ship for the conservation security program,

22 including final approval of all conservation

23 security plans.

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

25 AND EVALUATION.—
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1 ‘‘(A) IN GENERAL.—

2 ‘‘(i) FUNDING.—In addition to the

3 amounts made available under paragraph

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

5 shall use such sums as are necessary from

6 funds of the Commodity Credit Corpora7 tion to carry out education, outreach, mon8 itoring, and evaluation activities in support

9 of the conservation security program, of

10 which not less than 50 percent of the sums

11 shall be used for monitoring and evaluation

12 activities.

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

14 the amount made available under clause (i)

15 shall be not less than 40 percent of the

16 amount made available for technical assist17 ance under paragraph (6) for the fiscal

18 year.

19 ‘‘(B) USE OF PERSONS NOT AFFILIATED

20 WITH DEPARTMENT OF AGRICULTURE.—

21 ‘‘(i) IN GENERAL.—In carrying out

22 activities described in subparagraph (A),

23 the Secretary may use persons not em24 ployed by the Department of Agriculture,

25 including networks of agricultural pro-
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1 ducers operating in a small watershed,

2 local conservation district personnel, or

3 other appropriate local entity.

4 ‘‘(ii) EDUCATION, OUTREACH, AND

5 MONITORING.—The Secretary may con6 tract with private non-profit, community7 based organizations, and educational insti8 tutions with demonstrated experience in

9 providing education, outreach, monitoring,

10 evaluation, or related services to agricul11 tural producers (including owners and op12 erators of small and medium-size farms,

13 socially disadvantaged agricultural pro14 ducers, and limited resource agricultural

15 producers).

16 ‘‘(C) INCLUDED ACTIVITIES.—Activities

17 described in subparagraph (A) may include in18 novative uses of computer technology and re19 mote sensing to monitor and evaluate resource

20 and environmental results on a local, regional,

21 or national level.

22 ‘‘(8) SOCIALLY DISADVANTAGED AND LIMITED

23 RESOURCE OWNERS AND OPERATORS.—The Sec24 retary shall provide outreach, training, and technical

25 assistance specifically to encourage and assist so-
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1 cially disadvantaged owners and operators to partici2 pate in the conservation security program.

3 ‘‘(9) PROGRAM EVALUATION.—The Secretary

4 shall maintain data concerning conservation security

5 plans, conservation practices planned or imple6 mented, environmental outcomes, economic costs,

7 and related matters under this section.

8 ‘‘(10) CONFIDENTIALITY.—To maintain con9 fidentiality, the Secretary shall not release or dis10 close publicly the conservation security plan of an

11 owner or operator under this chapter unless the

12 Secretary—

13 ‘‘(A) obtains the authorization of the

14 owner or operator for the release or disclosure;

15 ‘‘(B) releases the information in an anony16 mous or aggregated form; or

17 ‘‘(C)(i) is otherwise required by law to re18 lease or disclose the plan and;

19 ‘‘(ii) releases the plan in an anonymous or

20 aggregated form.

21 ‘‘(11) MEDIATION AND INFORMAL HEARINGS.—

22 If the Secretary makes a decision under this chapter

23 that is adverse to an owner or operator, at the re24 quest of the owner or operator, the Secretary shall
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1 provide the owner or operator with mediation serv2 ices or an informal hearing on the decision.

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

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

5 2-year period thereafter, the Secretary shall submit to

6 Congress a report evaluating the results of the conserva7 tion security program, including—

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

9 outcomes of the conservation practices carried out

10 under this section; and

11 ‘‘(2) recommendations for achieving specific

12 and quantifiable improvements for each of the pur13 poses specified in subsection (a).

14 ‘‘(j) FUNDING.—Of the funds of the Commodity

15 Credit Corporation, the Corporation shall make available

16 to carry out this chapter such sums as are necessary, to

17 remain available until expended.

18 ‘‘(k) EXEMPTION FROM AUTOMATIC SEQUESTER.—

19 Notwithstanding any other provision of law, no order

20 issued for any fiscal year under section 252 of the Bal21 anced Budget and Emergency Deficit Control Act of 1985

22 (2 U.S.C. 902) shall affect any payment under this chap23 ter.’’.

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

25 Security Act of 1985 (16 U.S.C. 3843(a)) is amended—
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1 (1) in paragraph (1)(C), by striking ‘‘and’’ at

2 the end;

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

4 the end and inserting ‘‘; and’’; and

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

6 ‘‘(3) the conservation security program estab7 lished under chapter 6 of subtitle D.’’.

8 (c) STATE TECHNICAL COMMITTEES.—Section

9 1262(c)(8) of the Food Security Act of 1985 (16 U.S.C.

10 3862(c)(8)) is amended by striking ‘‘chapter 4’’ and in11 serting ‘‘chapters 4 and 6’’.

12 SEC. 4. REGULATIONS.

13 The Secretary of Agriculture shall promulgate such

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

15 amendments made by this Act.

Æ