SEC. 207. MINIMUM BASE ALLOCATION TO STATES IN 
FUNDING OF CERTAIN DEPARTMENT OF AG-
RICULTURE CONSERVATION PROGRAMS. 
Subsection (d) of section 1241 of the Food Security 
Act of 1985 (16 U.S.C. 3841) is amended to read as fol-
lows: 
‘‘(d) MINIMUM BASE ALLOCATION TO STATES FOR 
CERTAIN
CONSERVATION
PROGRAMS.—In 
allocating 
funds to States to implement the conservation programs 
under subtitle D (excluding the conservation reserve pro-
gram under subchapter B of chapter 1, the wetlands re-
serve program under subchapter C of chapter 1, the con-
servation security program under subchapter A of chapter 
2, and the grassland reserve program under subchapter 
C of chapter 2), the Secretary shall ensure that each State 
receives, at a minimum, $15,000,000 for each of the fiscal 
years 2007 through 2013. Any award from the national 
level under chapter 6 to a project in or adjacent to a State 
shall not be counted as part of the minimum base alloca-
tion to such State under this subsection’’. 
SEC. 208. CONSERVATION SECURITY PROGRAM. 
It is the sense of Congress that the conservation secu-
rity program established under subchapter A of chapter 
2 of subtitle D of title XII of the Food Security Act of 
1985 (16 U.S.C. 3838 et seq.) should— 
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(1) be fully funded and implemented on a na-
tionwide basis; 
(2) simplify and streamline payments and eligi-
bility requirements to increase transparency, clarity, 
and ease of use by producers; 
(3) create a better balance between rewards for 
current stewardship and incentives for new conserva-
tion; 
(4) emphasize payments based on management 
intensity, that is, the level of treatment, as well as 
the breadth of resource concerns addressed; 
(5) reward producers for addressing the most 
important resources of concern as determined by 
States; 
(6) provide greater flexibility to States (State 
technical committees) to determine and rank priority 
resource concerns; 
(7) provide adequate technical assistance to en-
sure that there is the capacity to enroll participants, 
provide on-site assessment and planning, and to fa-
cilitate timely contract renewals and modifications; 
(8) provide a predictable and reliable stream of 
revenue based on environmental measures; 
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(9) be universally available and adaptable to all 
types of farm operations in all regions of the coun-
try; 
(10) expand eligibility to include nonindustrial 
private forested land, even if not incidental to an ag-
ricultural operation; 
(11) provide a minimum annual base payment; 
(12) ensure program complements and is run in 
coordination with other NARCS working lands con-
servation programs; 
(13) encourage payments based on carbon se-
questration; 
(14) encourage environmentally-sound methods 
and practices for the production of sustainable cel-
lulosic bioenergy feedstocks; and 
(15) ensure ‘‘dual eligibility’’ for certified or-
ganic farms. 
SEC. 209. REAUTHORIZATION OF AND INCREASED FUNDING 
FOR FARMLAND PROTECTION PROGRAM. 
(a) FUNDING.—Paragraph (4) of subsection (a) of 
section 1241 of the Food Security Act of 1985 (16 U.S.C. 
3841) is amended to read as follows: 
‘‘(4) The farmland protection program under 
subchapter B of chapter 2, using, to the maximum 
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extent practicable, $300,000,000 in each of fiscal 
years 2008 through 2013.’’. 
(b) PROGRAM REVISIONS.—Subchapter B of Chapter 
2 of subtitle D of title XII of the Food Security Act of 
1985 (16 U.S.C. 3838h et seq.) is amended to read as 
follows: 
‘‘Subchapter B—Farmland Protection 
Program 
‘‘SEC. 1238H. DEFINITIONS. 
‘‘In this subchapter: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) any agency of any State or local gov-
ernment or an Indian tribe (including a farm-
land protection board or land resource council 
established under State law); or 
‘‘(B) any organization that— 
‘‘(i) is organized for, and at all times 
since the formation of the organization has 
been operated principally for, one or more 
of the conservation purposes specified in 
clause (i), (ii), (iii), or (iv) of section 
170(h)(4)(A) of the Internal Revenue Code 
of 1986; 
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‘‘(ii) is an organization described in 
section 501(c)(3) of that Code that is ex-
empt from taxation under section 501(a) 
of that Code; 
‘‘(iii) is described in section 509(a)(2) 
of that Code; or 
‘‘(iv) is described in section 509(a)(3), 
and is controlled by an organization de-
scribed in section 509(a)(2), of that Code. 
‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’ 
means land on a farm or ranch that is— 
‘‘(A) cropland; 
‘‘(B) rangeland; 
‘‘(C) grassland; 
‘‘(D) pasture land; or 
‘‘(E) forest land that is an incidental part 
of an agricultural operation, as determined by 
the Secretary. 
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(4) QUALIFIED STATE OR LOCAL ENTITY.—A 
qualified State or local entity is an eligible entity, 
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public or private, that operates a farm and ranch-
land protection program that has— 
‘‘(A) for at least 3 calendar or fiscal years 
used or provided public or private funds to pur-
chase perpetual conservation easements or other 
interests in land on a cumulative total of at 
least 10 properties that have protected the agri-
cultural production capacity and related con-
servation values of farm and ranch land; 
‘‘(B) the necessary authority under State 
law, as well as the technical and financial ca-
pacity, to monitor and enforce the terms of 
such conservation easements or other interests 
in land so that their purpose is carried out in 
perpetuity, or in the case of a governmental en-
tity, to legally require other public or private 
holders of such easements or interests in land 
acquired with public funding to hold, monitor 
and enforce them in perpetuity; and 
‘‘(C) financial control policies in place to 
assure that on average the purchase price of 
conservation easements and other interests in 
land does not exceed their appraised fair mar-
ket value. 
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‘‘(5) PROGRAM.—The term ‘program’ means 
the farmland protection program established under 
section 1238I(a). 
‘‘SEC. 1238I. FARMLAND PROTECTION. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Natural Resources Conservation Service, shall estab-
lish and carry out a farm and ranchland protection pro-
gram under which the Secretary shall facilitate and pro-
vide funding for the purchase of conservation easements 
or other interests in eligible land for the purpose of pro-
tecting the agricultural production capacity and related 
conservation values of the land by limiting incompatible 
nonagricultural uses of the land. The program shall give 
the highest priority to protecting farm and ranchland with 
prime, unique or other productive soils that are at risk 
of non-farm development. 
‘‘(b) GRANTS.—The Secretary, acting through the 
Natural Resources Conservation Service, shall, as the pre-
ferred method of administering this program, make grants 
to qualified State and local entities. Such grants shall be 
distributed among States based on demonstrated need for 
farm and ranch land protection and on the relative con-
tribution of funds dedicated by State and local entities for 
this purpose. Grants may be made for multiple trans-
actions without regard for whether pending purchase of-
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fers are outstanding, provided that all funds provided 
under this program are used to purchase conservation 
easements or other interests in land. Qualified State and 
local entities may use up to ten percent of a grant for 
reasonable costs of purchasing and enforcing conservation 
easements. Any funds not granted to qualified State or 
local entities under this section shall be available to other 
eligible entities as matching funds for individual purchases 
of conservation easements and other interests in land. 
‘‘(c) GRANT AGREEMENTS.—The Secretary, acting 
through the Natural Resources Conservation Service, may 
enter into agreements with qualified State and local enti-
ties, under which such State and local entities may pur-
chase conservation easements using a combination of their 
own funds and grant funds distributed by the Secretary 
under this program. Such agreements shall stipulate the 
terms and conditions under which qualified State and local 
entities shall use funds provided by the Secretary under 
this program, provided that under such agreements: 
‘‘(1) State and local entities shall be authorized 
to determine their own criteria and priorities for 
purchasing conservation easements and other inter-
ests in land. 
‘‘(2) States and local entities shall be author-
ized to use their own terms and conditions for con-
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servation easements and other purchases of interests 
in land, provided that— 
‘‘(A) such terms and conditions are ade-
quate under State law to achieve and permit ef-
fective enforcement of the conservation pur-
poses of such easements or other interests, and 
‘‘(B) the entity has in place a requirement 
consistent with the purposes of the program re-
garding the impervious surfaces to be allowed 
for any conservation easement or other interest 
in land purchased using grant funds provided 
through this section. 
‘‘(3) Up to ten percent of grant funds may be 
used for reasonable costs of purchasing and enforc-
ing conservation easements. 
‘‘(4) No Federal contingent right of enforce-
ment or reversionary interest in a conservation ease-
ment or other purchase of an interest in land shall 
be required. 
‘‘(d) INDIVIDUAL PURCHASES.—The Secretary may 
enter into agreements with eligible entities under which 
the Secretary shall provide matching funds for the purpose 
of purchasing conservation easements or other interests 
of land on individual farm and ranch properties. The Sec-
retary may agree to such terms as he deems appropriate 
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to assure that the purpose of this program is carried out; 
provided, however, that subsection (c)(4) of this section 
shall apply to any easement held by a State or local agen-
cy, or in which a qualified State or local entity will hold 
a contingent right of enforcement. 
‘‘(e) CONSERVATION PLAN.—Notwithstanding sub-
section (c)(2), any highly erodible cropland for which a 
conservation easement or other interest is purchased 
under this subchapter shall be subject to the requirements 
of a conservation plan; provided, however, that for ease-
ments and other interests in land that are perpetual in 
duration, the Secretary may not require the conversion of 
the cropland to less intensive uses if, under such plan, soil 
erosion can be reduced to ‘T’ or below. 
‘‘(f) COST SHARING.— 
‘‘(1) FARMLAND
PROTECTION.—The share of 
the cost provided under this section for purchasing 
a conservation easement or other interest in eligible 
land described in subsection (a) provided under sec-
tion 1241(d) shall not exceed— 
‘‘(A) 50 percent of the appraised fair mar-
ket value of the conservation easement or other 
interest in eligible land; or 
‘‘(B) if a qualified conservation contribu-
tion, as defined by section 170(h) of the Inter-
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nal Revenue Code, of at least 25 percent of the 
market value is made by the landowner in con-
nection with the purchase of a conservation 
easement or other interest in land, two-thirds of 
the actual cost of purchasing such conservation 
easement or other interest in land. 
‘‘(2) BIDDING DOWN.—If the Secretary deter-
mines that 2 or more applications for the purchase 
of a conservation easement or other interest in eligi-
ble land described in subsection (a) are comparable 
in achieving the purposes of this section, the Sec-
retary shall not assign a higher priority to any one 
of those applications solely on the basis of lesser cost 
to the farmland protection program established 
under subsection (a).’’. 
SEC. 210. FARMLAND PROTECTION POLICY ACT. 
Subtitle I of title XV of the Food and Agriculture 
Act of 1981 (7 U.S.C. 4201 et seq.) is amended to read 
as follows: 
‘‘Subtitle I—Farmland Protection 
Policy Act 
‘‘SEC. 1539. SHORT TITLE. 
‘‘This subtitle may be cited as the ‘Farmland Protec-
tion Policy Act’. 
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‘‘SEC. 1540. FINDINGS, PURPOSES, AND DEFINITIONS. 
‘‘(a) Congress finds that— 
‘‘(1) the Nation’s farmland is a unique and ir-
replaceable natural resource critical to the country’s 
national security, by providing food, fiber and renew-
able energy necessary for the continued welfare of 
the people of the United States; 
‘‘(2) each year, a large amount of the Nation’s 
farmland is unnecessarily and irrevocably converted 
from actual or potential agricultural use to non-
agricultural use; 
‘‘(3) continued conversion of the Nation’s farm-
land base to nonagricultural uses may threaten the 
ability of the United States to produce food, fiber 
and renewable energy in sufficient quantities to meet 
domestic needs and the demands of our export mar-
kets; 
‘‘(4) the extensive use of farmland for non-
agricultural purposes undermines the economic base 
of many rural areas; 
‘‘(5) Federal actions, in many cases, result in 
the conversion of farmland to nonagricultural uses 
where alternative actions are feasible; 
‘‘(6) the Department of Agriculture is the agen-
cy primarily responsible for the implementation of 
Federal policy with respect to United States farm-
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land, assuring the maintenance of the agricultural 
production capacity of the United States, and has 
the personnel and other resources needed to imple-
ment national farmland protection policy; 
‘‘(7) the Department of Agriculture and other 
Federal agencies should take steps to assure that 
the actions of the Federal Government do not unnec-
essarily cause United States farmland to be irrevers-
ibly converted to nonagricultural uses in cases in 
which other national interests do not override the 
importance of the protection of farmland nor other-
wise outweigh the benefits of maintaining farmland 
resources; and 
‘‘(8) the Department of Agriculture and other 
Federal agencies should be required to ensure that 
the actions of the Federal Government do not cause 
permanently protected United States farmland to be 
irreversibly converted to nonagricultural uses where 
there are other feasible alternatives, and to mitigate 
the loss of any such farmland if no feasible alter-
native exists. 
‘‘(b) The purpose of this subtitle is to minimize the 
extent to which Federal programs contribute to the irre-
versible conversion of farmland to nonagricultural uses, 
and to assure to the greatest degree possible that Federal 
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programs are administered in a manner that is compatible 
with State, unit of local government, and private programs 
and policies to protect farmland. 
‘‘(c) In this subtitle: 
‘‘(1) The term ‘farmland’ includes all land de-
fined as follows: 
‘‘(A) Prime farmland is land that has the 
best combination of physical and chemical char-
acteristics for producing food, feed, fiber, for-
age, oilseed, and other agricultural crops with 
minimum inputs of fuel, fertilizer, pesticides, 
and labor, and without intolerable soil erosion, 
as determined by the Secretary. Prime farm-
land includes land that possesses the above 
characteristics but is being used currently to 
produce livestock and timber. It does not in-
clude land already in or committed to urban de-
velopment or water storage. 
‘‘(B) Unique farmland is land other than 
prime farmland that is used for production of 
specific high-value food and fiber crops, as de-
termined by the Secretary. It has the special 
combination of soil quality, location, growing 
season, and moisture supply needed to economi-
cally produce sustained high quality or high 
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yields of specific crops when treated and man-
aged according to acceptable farming methods. 
Examples of such crops include citrus, tree 
nuts, olives, cranberries, fruits, and vegetables. 
‘‘(C) Farmland, other than prime or 
unique farmland, that is of statewide or local 
importance for the production of food, feed, 
fiber, forage, oilseed or energy crops, as deter-
mined by the appropriate State or unit of local 
government agency or agencies, and that the 
Secretary determines should be considered as 
farmland for the purposes of this subtitle. 
‘‘(2) The term ‘State’ means any of the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, the Trust Territory of the Pacific 
Islands, or any territory or possession of the United 
States. 
‘‘(3) The term ‘unit of local government’ means 
the government of a county, municipality, town, 
township, village, or other unit of general govern-
ment below the State level, or a combination of units 
of local government acting through an area wide 
agency under State law or an agreement for the for-
mulation of regional development policies and plans. 
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‘‘(4) The term ‘Federal program’ means those 
activities or responsibilities of a department, agency, 
independent commission, or other unit of the Fed-
eral Government that involve— 
‘‘(A) undertaking, financing, or assisting 
construction or improvement projects; or 
‘‘(B) acquiring, managing, or disposing of 
Federal lands and facilities. The term ‘Federal 
program’ does not include construction or im-
provement projects that on the effective date of 
this subtitle are beyond the planning stage and 
are in either the active design or construction 
state. 
‘‘(5) The term ‘permanently protected farm-
land’ means farmland subject to a permanent con-
servation easement in accordance with the provisions 
of section 170(h) of the Internal Revenue Code of 
1986 or held by the Federal Government or any 
State or local unit of government. 
‘‘(6) The term ‘Secretary’ means the Secretary 
of Agriculture. 
‘‘SEC. 1541. FARMLAND PROTECTION POLICY. 
‘‘(a) The Department of Agriculture, in cooperation 
with other departments, agencies, independent commis-
sions, and other units of the Federal Government, shall 
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develop criteria for identifying the effects of Federal pro-
grams on the conversion of farmland to nonagricultural 
uses. 
‘‘(b) Departments, agencies, independent commis-
sions, and other units of the Federal Government shall, 
in cooperation with the Department of Agriculture, use 
the criteria established under subsection (a) of this section 
to— 
‘‘(1) identify the quantity of farmland that will 
be directly or indirectly converted through proposed 
Federal program activities and actions under their 
jurisdiction; and 
‘‘(2) develop and implement, to the maximum 
extent feasible, alternative actions to minimize the 
impact of the Federal program action or activity on 
the conversion of farmland to nonagricultural uses 
and ensure its compatibility with State, unit of local 
government, and private programs and policies to 
protect farmland. 
‘‘(c) Permanently protected farmland shall not be 
subject to conversion to nonagricultural uses by Federal 
programs unless the Secretary in cooperation with Fed-
eral, State, and local agencies determines that there is no 
other feasible alternative to the proposed Federal program 
activity. Where a Federal action results in the conversion 
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of permanently protected farmland to nonagricultural use, 
the loss of such land shall be mitigated by the responsible 
Federal entity on a one-for-one basis in quantity and equal 
or greater quality. 
‘‘(d) Departments, agencies, independent commis-
sions, and other units of the Federal Government shall 
provide annually to the Department of Agriculture the in-
formation required under subsection (b) of this section, 
which the Department of Agriculture shall make available 
to the public on an annual basis. 
‘‘(e) Any State, unit of local government, individual, 
organization or unit of the Federal Government aggrieved 
by a violation of any of the provisions of this subtitle shall 
have a civil cause of action against the Federal Depart-
ment, agency, independent commission or other unit of the 
Federal Government committing the violation. 
‘‘(f) The Department of Agriculture may make avail-
able to States, units of local government, individuals, orga-
nizations, and other units of the Federal Government in-
formation useful in restoring, maintaining, and improving 
the quantity and quality of farmland. 
‘‘SEC. 1542. EXISTING POLICIES AND PROCEDURES. 
‘‘(a) Each department, agency, independent commis-
sion, or other unit of the Federal Government, with the 
assistance of the Department of Agriculture, shall review 
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current provisions of law, administrative rules and regula-
tions, and policies and procedures applicable to it to deter-
mine whether any provision thereof will prevent such unit 
of the Federal Government from taking appropriate action 
to comply fully with the provisions of this subtitle. 
‘‘(b) Each department, agency, independent commis-
sion, or other unit of the Federal Government, with the 
assistance of the Department of Agriculture, shall, as ap-
propriate, bring its programs, authorities, and administra-
tive activities into conformity with the purpose and policy 
of this subtitle. 
‘‘SEC. 1543. TECHNICAL ASSISTANCE. 
‘‘The Secretary shall provide technical assistance to 
States, units of local government, nonprofit organizations 
and the general public to assist in the development of pro-
grams or policies to limit the conversion of farmland to 
nonagricultural uses. 
‘‘SEC. 1544. FARMLAND RESOURCE INFORMATION. 
‘‘(a) The Secretary, through existing agencies or 
interagency groups, and in cooperation with nonprofit or-
ganizations or the cooperative extension services of the 
States, shall design and implement educational programs 
and materials emphasizing the importance of productive 
farmland to the Nation’s well-being and distribute edu-
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cational 
materials 
through 
communications 
media, 
schools, groups, and other Federal agencies. 
‘‘(b) The Secretary shall designate one or more farm-
land information centers to provide technical assistance 
and serve as central depositories and distribution points 
for information on farmland issues. Information provided 
by the center(s) shall include, but not be limited to, on- 
line access to data on land cover and use changes and 
trends, and to literature, laws, historical archives, policies, 
programs, and innovative actions or proposals by local and 
State governments or nonprofit organizations related to 
farmland protection and may include test plots, evaluation 
plots, and mobile learning centers. 
‘‘(c) Funding for subsection (b) of this section shall 
be provided through the Farm and Ranch Lands Protec-
tion Program. Such funding shall not exceed one-half of 
1 percent of annual appropriations, but no less than 
$400,000 annually. Federal funding for the farmland in-
formation center or centers shall be matched with non- 
Federal funds, through cash or in-kind contributions. 
‘‘SEC. 1545. GRANTS, CONTRACTS. 
‘‘With the exception of sections 1544 and 1548, the 
Secretary shall carry out the purposes of this subtitle with 
existing facilities and funds otherwise available, through 
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the use of grants, contracts, or such other means as the 
Secretary deems appropriate. 
‘‘SEC. 1546. REPORT. 
‘‘On January 1, 1987, and at the beginning of each 
subsequent calendar year, the Secretary of Agriculture 
shall report to the Committee on Agriculture, Nutrition, 
and Forestry of the Senate and the Committee on Agri-
culture of the House of Representatives on the progress 
made in implementing the provisions of this subtitle. Such 
report shall include— 
‘‘(1) data on the conversion of farmland to non-
agricultural uses at the national, State, and, as 
available, local level; 
‘‘(2) information on the effects of Federal pro-
grams, authorities, and administrative activities with 
respect to the protection of United States farmland; 
and 
‘‘(3) the results of the data collected and re-
views and actions taken as required under sections 
1541 and 1542. 
‘‘SEC. 1547. STATEMENT OF LIMITATION. 
‘‘(a) This subtitle does not authorize the Federal 
Government in any way to regulate the use of private or 
non-Federal land, or in any way affect the property rights 
of owners of such land. 
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‘‘(b) None of the provisions or other requirements of 
this subtitle shall apply to the acquisition or use of farm-
land for national defense purposes during a national emer-
gency. 
‘‘SEC. 1548. NATIONAL AGRICULTURAL LANDS COMMIS-
SION. 
‘‘(a) A national commission shall be established to 
undertake a comprehensive study of the importance of 
protecting an adequate agricultural land base to the Na-
tion’s homeland security, food security, energy security, 
environmental quality and quality of life, and to develop 
recommendations by which the Federal Government can 
encourage the retention of agricultural land at the na-
tional, State and local level. 
‘‘(b) In undertaking the study, the commission 
shall— 
‘‘(1) identify the quality, quantity and location 
of the Nation’s agricultural lands; 
‘‘(2) identify and define the effects of urbaniza-
tion, industrial and commercial development and 
other nonagricultural activities on the Nation’s agri-
cultural land base; 
‘‘(3) identify and define the implications for the 
Nation’s agricultural land base of the following: 
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‘‘(A) Global and national population trends 
and the projected international and domestic 
demand for food and energy production from 
United States agricultural lands. 
‘‘(B) National land use trends and com-
peting demands on United States agricultural 
lands as a source for housing, industrial and 
commercial development, for food, fiber and en-
ergy production, and for recreational and envi-
ronmental amenities. 
‘‘(C) National environmental trends and 
the capacity of United States agricultural lands 
to contribute to improvements in water quality 
and quantity, air quality and carbon sequestra-
tion. 
‘‘(D) Agricultural land loss by region and 
its projected impact on the region’s food and 
energy security, natural resources and economy. 
‘‘(E) Land ownership patterns and their 
impact on the security of the Nation’s agricul-
tural land base. 
‘‘(F) State and local programs, policies 
and actions affecting or supporting agricultural 
land availability. 
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