137 
payments received under subsection (e)) may not ex-
ceed $125,000 for any crop year. 
(3) DIRECT ATTRIBUTION.—Subsections (e) and 
(f) of section 1001 of the Food Security Act of 1985 
(7 U.S.C. 1308) or any successor provisions relating 
to direct attribution shall apply with respect to as-
sistance provided under this section. 
Subtitle F—Administration 
SEC. 1601. ADMINISTRATION GENERALLY. 
(a) USE OF COMMODITY CREDIT CORPORATION.—The 
Secretary of Agriculture shall use the funds, facilities, and 
authorities of the Commodity Credit Corporation to carry 
out this title. 
(b) DETERMINATIONS BY SECRETARY.—A determina-
tion made by the Secretary under this title shall be final 
and conclusive. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Except as otherwise provided 
in this subsection, not later than 90 days after the 
date of enactment of this Act, the Secretary and the 
Commodity Credit Corporation, as appropriate, shall 
promulgate such regulations as are necessary to im-
plement this title and the amendments made by this 
title. 
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138 
(2) PROCEDURE.—The promulgation of the regu-
lations and administration of this title and the 
amendments made by this title and sections 11003 
and 11016 of this Act shall be made without regard 
to— 
(A) the notice and comment provisions of 
section 553 of title 5, United States Code; 
(B) chapter 35 of title 44, United States 
Code (commonly known as the ‘‘Paperwork Re-
duction Act’’); and 
(C) the Statement of Policy of the Secretary 
of Agriculture effective July 24, 1971 (36 Fed. 
Reg. 13804), relating to notices of proposed rule-
making and public participation in rulemaking. 
(3) CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING.—In carrying out this subsection, the Sec-
retary shall use the authority provided under section 
808 of title 5, United States Code. 
(d) ADJUSTMENT AUTHORITY RELATED TO TRADE 
AGREEMENTS COMPLIANCE.— 
(1) REQUIRED DETERMINATION; ADJUSTMENT.— 
If the Secretary determines that expenditures under 
this title that are subject to the total allowable domes-
tic support levels under the Uruguay Round Agree-
ments (as defined in section 2 of the Uruguay Round 
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139 
Agreements Act (19 U.S.C. 3501)) will exceed the al-
lowable levels for any applicable reporting period, the 
Secretary shall, to the maximum extent practicable, 
make adjustments in the amount of the expenditures 
during that period to ensure that the expenditures do 
not exceed the allowable levels. 
(2) 
CONGRESSIONAL
NOTIFICATION.—Before 
making any adjustment under paragraph (1), the 
Secretary shall submit to the Committee on Agri-
culture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the 
Senate a report describing the determination made 
under that paragraph and the extent of the adjust-
ment to be made. 
SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT 
AUTHORITY. 
(a) AGRICULTURAL ADJUSTMENT ACT OF 1938.—The 
following provisions of the Agricultural Adjustment Act of 
1938 shall not be applicable to the 2013 through 2017 crops 
of covered commodities (as defined in section 1104), cotton, 
and sugar and shall not be applicable to milk during the 
period beginning on the date of enactment of this Act 
through December 31, 2017: 
(1) Parts II through V of subtitle B of title III 
(7 U.S.C. 1326 et seq.). 
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140 
(2) In the case of upland cotton, section 377 (7 
U.S.C. 1377). 
(3) Subtitle D of title III (7 U.S.C. 1379a et 
seq.). 
(4) Title IV (7 U.S.C. 1401 et seq.). 
(b) AGRICULTURAL ACT OF 1949.—The following pro-
visions of the Agricultural Act of 1949 shall not be applica-
ble to the 2013 through 2017 crops of covered commodities 
(as defined in section 1104), cotton, and sugar and shall 
not be applicable to milk during the period beginning on 
the date of enactment of this Act and through December 31, 
2017: 
(1) Section 101 (7 U.S.C. 1441). 
(2) Section 103(a) (7 U.S.C. 1444(a)). 
(3) Section 105 (7 U.S.C. 1444b). 
(4) Section 107 (7 U.S.C. 1445a). 
(5) Section 110 (7 U.S.C. 1445e). 
(6) Section 112 (7 U.S.C. 1445g). 
(7) Section 115 (7 U.S.C. 1445k). 
(8) Section 201 (7 U.S.C. 1446). 
(9) Title III (7 U.S.C. 1447 et seq.). 
(10) Title IV (7 U.S.C. 1421 et seq.), other than 
sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 
1431). 
(11) Title V (7 U.S.C. 1461 et seq.). 
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141 
(12) Title VI (7 U.S.C. 1471 et seq.). 
(c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.— 
The joint resolution entitled ‘‘A joint resolution relating to 
corn and wheat marketing quotas under the Agricultural 
Adjustment Act of 1938, as amended’’, approved May 26, 
1941 (7 U.S.C. 1330, 1340), shall not be applicable to the 
crops of wheat planted for harvest in the calendar years 
2013 through 2017. 
SEC. 1603. PAYMENT LIMITATIONS. 
(a) IN GENERAL.—Section 1001 of the Food Security 
Act of 1985 (7 U.S.C. 1308) is amended by striking sub-
sections (b) and (c) and inserting the following: 
‘‘(b) LIMITATION ON PAYMENTS FOR COVERED COM-
MODITIES (OTHER THAN PEANUTS).—The total amount of 
payments received, directly or indirectly, by a person or 
legal entity (except a joint venture or general partnership) 
for any crop year under subtitle A of title I of the Federal 
Agriculture Reform and Risk Management Act of 2012 for 
1 or more covered commodities (other than peanuts) may 
not exceed $125,000. 
‘‘(c) LIMITATION ON PAYMENTS FOR PEANUTS.—The 
total amount of payments received, directly or indirectly, 
by a person or legal entity (except a joint venture or general 
partnership) for any crop year under subtitle A of title I 
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142 
of the Federal Agriculture Reform and Risk Management 
Act of 2012 for peanuts may not exceed $125,000.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1001(f) of the Food Security Act of 
1985 (7 U.S.C. 1308(f)) is amended by striking ‘‘or 
title XII’’ each place it appears in paragraphs (5)(A) 
and (6)(A) and inserting ‘‘, title I of the Federal Ag-
riculture Reform and Risk Management Act of 2012, 
or title XII’’. 
(2) Section 1001C(a) of the Food Security Act of 
1985 (7 U.S.C. 1308–3(a)) is amended by inserting 
‘‘title I of the Federal Agriculture Reform and Risk 
Management Act of 2012,’’ after ‘‘2008,’’. 
(c) APPLICATION.—The amendments made by this sec-
tion shall apply beginning with the 2013 crop year. 
SEC. 1604. ADJUSTED GROSS INCOME LIMITATION. 
(a) LIMITATIONS AND COVERED BENEFITS.—Section 
1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308– 
3a(b)) is amended— 
(1) in the subsection heading, by striking ‘‘LIMI-
TATIONS’’ and inserting ‘‘LIMITATIONS
ON
COM-
MODITY AND CONSERVATION PROGRAMS’’; 
(2) by striking paragraphs (1) and (2) and in-
serting the following new paragraphs: 
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143 
‘‘(1) LIMITATION.—Notwithstanding any other 
provision of law, a person or legal entity shall not be 
eligible to receive any benefit described in paragraph 
(2) during a crop, fiscal, or program year, as appro-
priate, if the average adjusted gross income of the per-
son or legal entity exceeds $950,000. 
‘‘(2) COVERED BENEFITS.—Paragraph (1) ap-
plies with respect to a payment or benefit under sec-
tion 1107, subtitle B or E of title I, or title II of the 
Federal Agriculture Reform and Risk Management 
Act of 2012, title II of the Farm Security and Rural 
Investment Act of 2002, title II of the Food, Conserva-
tion, and Energy Act of 2008, title XII of the Food 
Security Act of 1985, section 524(b) of the Federal 
Crop Insurance Act (7 U.S.C. 1524(b)), or section 196 
of the Federal Agriculture Improvement and Reform 
Act of 1996 (7 U.S.C. 7333).’’. 
(b) ELIMINATION OF UNUSED DEFINITIONS.—Para-
graph (1) of section 1001D(a) of the Food Security Act of 
1985 (7 U.S.C. 1308–3a(a)) is amended to read as follows: 
‘‘(1) AVERAGE
ADJUSTED
GROSS
INCOME.—In 
this section, the term ‘average adjusted gross income’, 
with respect to a person or legal entity, means the av-
erage of the adjusted gross income or comparable 
measure of the person or legal entity over the 3 tax-
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144 
able years preceding the most immediately preceding 
complete taxable year, as determined by the Sec-
retary.’’. 
(c) INCOME DETERMINATION.—Section 1001D of the 
Food Security Act of 1985 (7 U.S.C. 1308–3a) is amend-
ed— 
(1) by striking subsection (c); and 
(2) by redesignating subsections (d), (e), and (f) 
as subsections (c), (d), and (e), respectively. 
(d) CONFORMING AMENDMENTS.—Section 1001D of 
the Food Security Act of 1985 (7 U.S.C. 1308–3a) is 
amended— 
(1) in subsection (a)(2)— 
(A) by striking ‘‘subparagraph (A) or (B) 
of’’; and 
(B) by striking ‘‘, the average adjusted gross 
farm income, and the average adjusted gross 
nonfarm income’’; 
(2) in subsection (a)(3), by striking ‘‘, average 
adjusted gross farm income, and average adjusted 
gross nonfarm income’’ both places it appears; 
(3) in subsection (c) (as redesignated by sub-
section (c)(2) of this section)— 
(A) in paragraph (1), by striking ‘‘, average 
adjusted gross farm income, and average ad-
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145 
justed gross nonfarm income’’ both places it ap-
pears; and 
(B) in paragraph (2), by striking ‘‘para-
graphs (1)(C) and (2)(B) of subsection (b)’’ and 
inserting ‘‘subsection (b)(2)’’; and 
(4) in subsection (d) (as redesignated by sub-
section (c)(2) of this section)— 
(A) by striking ‘‘paragraphs (1)(C) and 
(2)(B) of subsection (b)’’ and inserting ‘‘sub-
section (b)(2)’’; and 
(B) by striking ‘‘, average adjusted gross 
farm income, or average adjusted gross nonfarm 
income’’. 
(e) EFFECTIVE PERIOD.—Subsection (e) of section 
1001D of the Food Security Act of 1985 (7 U.S.C. 1308– 
3a), as redesignated by subsection (c)(2) of this section, is 
amended by striking ‘‘2009 through 2012’’ and inserting 
‘‘2013 through 2017’’. 
(f) LIMITATION ON APPLICABILITY.—Section 1001(d) 
of the Food Security Act of 1985 (7 U.S.C. 1308) is amend-
ed by inserting before the period at the end the following: 
‘‘or title I of the Federal Agriculture Reform and Risk Man-
agement Act of 2012’’. 
(g) TRANSITION.—Section 1001D of the Food Security 
Act of 1985 (7 U.S.C. 1308-3a), as in effect on the day be-
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146 
fore the date of the enactment of this Act, shall apply with 
respect to the 2012 crop, fiscal, or program year, as appro-
priate, for each program described in paragraphs (1)(C) 
and (2)(B) of subsection (b) of that section (as so in effect 
on that day). 
SEC. 1605. GEOGRAPHICALLY DISADVANTAGED FARMERS 
AND RANCHERS. 
Section 1621(d) of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 8792(d)) is amended by striking 
‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 1606. PERSONAL LIABILITY OF PRODUCERS FOR DEFI-
CIENCIES. 
Section 164 of the Federal Agriculture Improvement 
and Reform Act of 1996 (7 U.S.C. 7284) is amended by 
striking ‘‘and title I of the Food, Conservation, and Energy 
Act of 2008’’ each place it appears and inserting ‘‘title I 
of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8702 et seq.), and title I of the Federal Agriculture 
Reform and Risk Management Act of 2012’’. 
SEC. 1607. PREVENTION OF DECEASED INDIVIDUALS RE-
CEIVING 
PAYMENTS 
UNDER 
FARM 
COM-
MODITY PROGRAMS. 
(a) RECONCILIATION.—At least twice each year, the 
Secretary shall reconcile social security numbers of all indi-
viduals who receive payments under this title, whether di-
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147 
rectly or indirectly, with the Commissioner of Social Secu-
rity to determined if the individuals are alive. 
(b) PRECLUSION.—The Secretary shall preclude the 
issuance of payments to, and on behalf of, deceased individ-
uals that were not eligible for payments. 
SEC. 1608. TECHNICAL CORRECTIONS. 
(a) MISSING PUNCTUATION.—Section 359f(c)(1)(B) of 
the Agricultural Adjustment Act of 1938 (7 U.S.C. 
1359ff(c)(1)(B)) is amended by adding a period at the end. 
(b) ERRONEOUS CROSS REFERENCE.— 
(1) AMENDMENT.—Section 1603(g) of the Food, 
Conservation, and Energy Act of 2008 (Public Law 
110–246; 122 Stat. 1739) is amended in paragraphs 
(2) through (6) and the amendments made by those 
paragraphs by striking ‘‘1703(a)’’ each place it ap-
pears and inserting ‘‘1603(a)’’. 
(2) EFFECTIVE DATE.—This subsection and the 
amendments made by this subsection take effect as if 
included in the Food, Conservation, and Energy Act 
of 2008 (Public Law 110–246; 122 Stat. 1651). 
(c) CONTINUED APPLICABILITY OF APPROPRIATIONS 
GENERAL PROVISION.—Section 767 of division A of Public 
Law 108–7 (7 U.S.C. 7911 note; 117 Stat. 48) is amend-
ed— 
(1) in subsection (a)— 
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148 
(A) by striking ‘‘sections 1101 and 1102 of 
Public Law 107–171’’ and inserting ‘‘subtitle A 
of title I of the Federal Agriculture Reform and 
Risk Management Act of 2012’’; and 
(B) by striking ‘‘such section 1102’’ and in-
serting ‘‘such subtitle’’; and 
(2) by striking subsection (b) and inserting the 
following new subsection: 
‘‘(b) This section, as amended by section 1608(c) of the 
Federal Agriculture Reform and Risk Management Act of 
2012, shall take effect beginning with the 2013 crop year.’’. 
SEC. 1609. ASSIGNMENT OF PAYMENTS. 
(a) IN GENERAL.—The provisions of section 8(g) of the 
Soil Conservation and Domestic Allotment Act (16 U.S.C. 
590h(g)), relating to assignment of payments, shall apply 
to payments made under this title. 
(b) NOTICE.—The producer making the assignment, or 
the assignee, shall provide the Secretary with notice, in such 
manner as the Secretary may require, of any assignment 
made under this section. 
SEC. 1610. TRACKING OF BENEFITS. 
As soon as practicable after the date of enactment of 
this Act, the Secretary may track the benefits provided, di-
rectly or indirectly, to individuals and entities under titles 
I and II and the amendments made by those titles. 
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149 
SEC. 1611. SIGNATURE AUTHORITY. 
(a) IN GENERAL.—In carrying out this title and title 
II and amendments made by those titles, if the Secretary 
approves a document, the Secretary shall not subsequently 
determine the document is inadequate or invalid because 
of the lack of authority of any person signing the document 
on behalf of the applicant or any other individual, entity, 
general partnership, or joint venture, or the documents re-
lied upon were determined inadequate or invalid, unless the 
person signing the program document knowingly and will-
fully falsified the evidence of signature authority or a signa-
ture. 
(b) AFFIRMATION.— 
(1) IN GENERAL.—Nothing in this section pro-
hibits the Secretary from asking a proper party to af-
firm any document that otherwise would be consid-
ered approved under subsection (a). 
(2) NO RETROACTIVE EFFECT.—A denial of bene-
fits based on a lack of affirmation under paragraph 
(1) shall not be retroactive with respect to third-party 
producers who were not the subject of the erroneous 
representation of authority, if the third-party pro-
ducers— 
(A) relied on the prior approval by the Sec-
retary of the documents in good faith; and 
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150 
(B) substantively complied with all pro-
gram requirements. 
SEC. 1612. IMPLEMENTATION. 
(a) STREAMLINING.—In implementing this title, the 
Secretary shall, to the maximum extent practicable— 
(1) seek to reduce administrative burdens and 
costs to producers by streamlining and reducing pa-
perwork, forms, and other administrative require-
ments; 
(2) improve coordination, information sharing, 
and administrative work with the Risk Management 
Agency and the Natural Resources Conservation Serv-
ice; and 
(3) take advantage of new technologies to en-
hance efficiency and effectiveness of program delivery 
to producers. 
(b) MAINTENANCE
OF BASE ACRES
AND PAYMENT 
YIELDS.— 
(1) IN GENERAL.—The Secretary shall maintain 
through September 30, 2017, for each covered com-
modity and upland cotton, base acres and payment 
yields on a farm established under— 
(A)(i) in the case of covered commodities 
and upland cotton, sections 1101 and 1102 of the 
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151 
Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 7911, 7912); and 
(ii) in the case of peanuts, section 1302 of 
that Act (7 U.S.C. 7952); and 
(B)(i) in the case of covered commodities 
and upland cotton, sections 1101 and 1102 of the 
Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8711, 8712); and 
(ii) in the case of peanuts, section 1302 of 
that Act (7 U.S.C. 8752). 
(2) SPECIAL RULE FOR LONG GRAIN AND ME-
DIUM GRAIN RICE.— 
(A) IN
GENERAL.—The Secretary shall 
maintain separate base acres for long grain rice 
and medium grain rice. 
(B) LIMITATION.—In carrying out this 
paragraph, the Secretary shall use the same total 
base acres and payment yields established with 
respect to rice under sections 1108 of the Food, 
Conservation, and Energy Act of 2008 (7 U.S.C. 
8718), as in effect on the day before the date of 
enactment of this Act, subject to any adjustment 
under section 1105. 
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152 
(c) IMPLEMENTATION.—The Secretary shall make 
available to the Farm Service Agency to carry out this title 
$100,000,000. 
TITLE II—CONSERVATION 
Subtitle A—Conservation Reserve 
Program 
SEC. 2001. EXTENSION AND ENROLLMENT REQUIREMENTS 
OF CONSERVATION RESERVE PROGRAM. 
(a) EXTENSION.—Section 1231(a) of the Food Security 
Act of 1985 (16 U.S.C. 3831(a)) is amended by striking 
‘‘2012’’ and inserting ‘‘2017’’. 
(b) ELIGIBLE LAND.—Section 1231(b) of the Food Se-
curity Act of 1985 (16 U.S.C. 3831(b)) is amended— 
(1) in paragraph (1)(B), by striking ‘‘the date of 
enactment of the Food, Conservation, and Energy Act 
of 2008’’ and inserting ‘‘the date of the enactment of 
the Federal Agriculture Reform and Risk Manage-
ment Act of 2012’’; 
(2) by striking paragraph (2) and redesignating 
paragraph (3) as paragraph (2); 
(3) by inserting before paragraph (4) the fol-
lowing new paragraph: 
‘‘(3) grasslands that— 
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153 
‘‘(A) contain forbs or shrubland (including 
improved rangeland and pastureland) for which 
grazing is the predominant use; 
‘‘(B) are located in an area historically 
dominated by grasslands; and 
‘‘(C) could provide habitat for animal and 
plant populations of significant ecological value 
if the land is retained in its current use or re-
stored to a natural condition;’’; 
(4) in paragraph (4)(C), by striking ‘‘filterstrips 
devoted to trees or shrubs’’ and inserting ‘‘filterstrips 
or riparian buffers devoted to trees, shrubs, or 
grasses’’; and 
(5) by striking paragraph (5) and inserting the 
following new paragraph: 
‘‘(5) the portion of land in a field not enrolled 
in the conservation reserve in a case in which— 
‘‘(A) more than 50 percent of the land in 
the field is enrolled as a buffer or filterstrip, or 
more than 75 percent of the land in the field is 
enrolled as a conservation practice other than as 
a buffer or filterstrip; and 
‘‘(B) the remainder of the field is— 
‘‘(i) infeasible to farm; and 
‘‘(ii) enrolled at regular rental rates.’’. 
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154 
(c) PLANTING STATUS OF CERTAIN LAND.—Section 
1231(c) of the Food Security Act of 1985 (16 U.S.C. 
3831(c)) is amended by striking ‘‘if’’ and all that follows 
through the period at the end and inserting ‘‘if, during the 
crop year, the land was devoted to a conserving use.’’. 
(d) ENROLLMENT.—Subsection (d) of section 1231 of 
the Food Security Act of 1985 (16 U.S.C. 3831) is amended 
to read as follows: 
‘‘(d) ENROLLMENT.— 
‘‘(1) MAXIMUM ACREAGE ENROLLED.—The Sec-
retary may maintain in the conservation reserve at 
any one time during— 
‘‘(A) fiscal year 2012, no more than 
32,000,000 acres; 
‘‘(B) fiscal year 2013, no more than 
29,000,000 acres; 
‘‘(C) fiscal year 2014, no more than 
26,000,000 acres; 
‘‘(D) fiscal year 2015, no more than 
26,000,000 acres; 
‘‘(E) fiscal year 2016, no more than 
25,500,000 acres; and 
‘‘(F) fiscal year 2017, no more than 
25,000,000 acres. 
‘‘(2) GRASSLANDS.— 
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155 
‘‘(A) LIMITATION.—For purposes of apply-
ing the limitations in paragraph (1), no more 
than 2,000,000 acres of the land described in 
subsection (b)(3) may be enrolled in the program 
at any one time during the 2013 through 2017 
fiscal years. 
‘‘(B) PRIORITY.—In enrolling acres under 
subparagraph (A), the Secretary may give pri-
ority to land with expiring conservation reserve 
program contracts. 
‘‘(C) METHOD OF ENROLLMENT.—In enroll-
ing acres under subparagraph (A), the Secretary 
shall make the program available to owners or 
operators of eligible land on a continuous enroll-
ment basis with one or more ranking periods.’’. 
(e) DURATION OF CONTRACT.—Section 1231(e) of the 
Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended 
by striking paragraphs (2) and (3) and inserting the fol-
lowing new paragraph: 
‘‘(2) SPECIAL RULE FOR CERTAIN LAND.—In the 
case of land devoted to hardwood trees, shelterbelts, 
windbreaks, or wildlife corridors under a contract en-
tered into under this subchapter, the owner or oper-
ator of the land may, within the limitations pre-
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scribed under paragraph (1), specify the duration of 
the contract.’’. 
(f) CONSERVATION PRIORITY AREAS.—Section 1231(f) 
of the Food Security Act of 1985 (16 U.S.C. 3831(f)) is 
amended— 
(1) in paragraph (1), by striking ‘‘watershed 
areas of the Chesapeake Bay Region, the Great Lakes 
Region, the Long Island Sound Region, and other’’; 
(2) in paragraph (2), by striking ‘‘WATER-
SHEDS.—Watersheds’’ 
and 
inserting 
‘‘AREAS.— 
Areas’’; and 
(3) in paragraph (3), by striking ‘‘a watershed’s 
designation—’’ and all that follows through the pe-
riod at the end and inserting ‘‘an area’s designation 
if the Secretary finds that the area no longer contains 
actual and significant adverse water quality or habi-
tat impacts related to agricultural production activi-
ties.’’. 
SEC. 2002. FARMABLE WETLAND PROGRAM. 
(a) EXTENSION.—Section 1231B(a)(1) of the Food Se-
curity Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended— 
(1) by striking ‘‘2012’’ and inserting ‘‘2017’’; 
and 
(2) by striking ‘‘a program’’ and inserting ‘‘a 
farmable wetland program’’. 
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157 
(b) ELIGIBLE ACREAGE.—Section 1231B(b)(1)(B) of 
the Food Security Act of 1985 (16 U.S.C. 3831b(b)(1)(B)) 
is amended by striking ‘‘flow from a row crop agriculture 
drainage system’’ and inserting ‘‘surface and subsurface 
flow from row crop agricultural production’’. 
(c) ACREAGE LIMITATION.—Section 1231B(c)(1)(B) of 
the Food Security Act of 1985 (16 U.S.C. 3831b(c)(1)(B)) 
is amended by striking ‘‘1,000,000’’ and inserting 
‘‘750,000’’. 
(d) CLERICAL AMENDMENT.—The heading of section 
1231B of the Food Security Act of 1985 (16 U.S.C. 3831b) 
is amended to read as follows: ‘‘FARMABLE WETLAND 
PROGRAM’’. 
SEC. 2003. DUTIES OF OWNERS AND OPERATORS. 
(a) LIMITATION ON HARVESTING, GRAZING, OR COM-
MERCIAL USE OF FORAGE.—Section 1232(a)(8) of the Food 
Security Act of 1985 (16 U.S.C. 3832(a)(8)) is amended 
by striking ‘‘except that’’ and all that follows through the 
semicolon at the end of the paragraph and inserting ‘‘except 
as provided in subsection (b) or (c) of section 1233;’’. 
(b) CONSERVATION
PLAN
REQUIREMENTS.—Sub-
section (b) of section 1232 of the Food Security Act of 1985 
(16 U.S.C. 3832) is amended to read as follows: 
‘‘(b) CONSERVATION PLANS.—The plan referred to in 
subsection (a)(1) shall set forth— 
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158 
‘‘(1) the conservation measures and practices to 
be carried out by the owner or operator during the 
term of the contract; and 
‘‘(2) the commercial use, if any, to be permitted 
on the land during the term.’’. 
(c) RENTAL PAYMENT REDUCTION.—Section 1232 of 
the Food Security Act of 1985 (16 U.S.C. 3832) is amended 
by striking subsection (d). 
SEC. 2004. DUTIES OF THE SECRETARY. 
Section 1233 of the Food Security Act of 1985 (16 
U.S.C. 3833) is amended to read as follows: 
‘‘SEC. 1233. DUTIES OF THE SECRETARY. 
‘‘(a) COST-SHARE AND RENTAL PAYMENTS.—In re-
turn for a contract entered into by an owner or operator 
under the conservation reserve program, the Secretary 
shall— 
‘‘(1) share the cost of carrying out the conserva-
tion measures and practices set forth in the contract 
for which the Secretary determines that cost sharing 
is appropriate and in the public interest; and 
‘‘(2) for a period of years not in excess of the 
term of the contract, pay an annual rental payment 
in an amount necessary to compensate for— 
‘‘(A) the conversion of highly erodible crop-
land or other eligible lands normally devoted to 
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the production of an agricultural commodity on 
a farm or ranch to a less intensive use; 
‘‘(B) the retirement of any base history that 
the owner or operator agrees to retire perma-
nently; and 
‘‘(C) the development and management of 
grasslands for multiple natural resource con-
servation benefits, including to soil, water, air, 
and wildlife. 
‘‘(b) SPECIFIED ACTIVITIES PERMITTED.—The Sec-
retary shall permit certain activities or commercial uses of 
land that is subject to a contract under the conservation 
reserve program in a manner that is consistent with a plan 
approved by the Secretary, as follows: 
‘‘(1) Harvesting, grazing, or other commercial 
use of the forage in response to a drought or other 
emergency created by a natural disaster, without any 
reduction in the rental rate. 
‘‘(2) Consistent with the conservation of soil, 
water quality, and wildlife habitat (including habitat 
during nesting seasons for birds in the area), and in 
exchange for a reduction of not less than 25 percent 
in the annual rental rate for the acres covered by the 
authorized activity— 
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160 
‘‘(A) managed harvesting and other com-
mercial use (including the managed harvesting 
of biomass), except that in permitting managed 
harvesting, the Secretary, in coordination with 
the State technical committee— 
‘‘(i) shall develop appropriate vegeta-
tion management requirements; and 
‘‘(ii) shall identify periods during 
which managed harvesting may be con-
ducted, such that the frequency is not more 
than once every three years; 
‘‘(B) routine grazing or prescribed grazing 
for the control of invasive species, except that in 
permitting such routine grazing or prescribed 
grazing, the Secretary, in coordination with the 
State technical committee— 
‘‘(i) shall develop appropriate vegeta-
tion management requirements and stocking 
rates for the land that are suitable for con-
tinued routine grazing; and 
‘‘(ii) shall identify the periods during 
which routine grazing may be conducted, 
such that the frequency is not more than 
once every two years, taking into consider-
ation regional differences such as— 
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161 
‘‘(I) climate, soil type, and nat-
ural resources; 
‘‘(II) the number of years that 
should be required between routine 
grazing activities; and 
‘‘(III) how often during a year in 
which routine grazing is permitted 
that routine grazing should be allowed 
to occur; and 
‘‘(C) the installation of wind turbines and 
associated access, except that in permitting the 
installation of wind turbines, the Secretary shall 
determine the number and location of wind tur-
bines that may be installed, taking into ac-
count— 
‘‘(i) the location, size, and other phys-
ical characteristics of the land; 
‘‘(ii) the extent to which the land con-
tains wildlife and wildlife habitat; and 
‘‘(iii) the purposes of the conservation 
reserve program under this subchapter. 
‘‘(3) The intermittent and seasonal use of vegeta-
tive buffer practices incidental to agricultural produc-
tion on lands adjacent to the buffer such that the per-
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162 
mitted use does not destroy the permanent vegetative 
cover. 
‘‘(c) AUTHORIZED ACTIVITIES ON GRASSLANDS.—For 
eligible land described in section 1231(b)(3), the Secretary 
shall permit the following activities: 
‘‘(1) Common grazing practices, including main-
tenance and necessary cultural practices, on the land 
in a manner that is consistent with maintaining the 
viability of grassland, forb, and shrub species appro-
priate to that locality. 
‘‘(2) Haying, mowing, or harvesting for seed 
production, subject to appropriate restrictions during 
the nesting season for critical bird species in the area. 
‘‘(3) Fire presuppression, fire-related rehabilita-
tion, and construction of fire breaks. 
‘‘(4) Grazing-related activities, such as fencing 
and livestock watering. 
‘‘(d) RESOURCE CONSERVING USE.— 
‘‘(1) IN GENERAL.—Beginning on the date that 
is 1 year before the date of termination of a contract 
under the program, the Secretary shall allow an 
owner or operator to make conservation and land im-
provements that facilitate maintaining protection of 
enrolled land after expiration of the contract. 
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163 
‘‘(2) CONSERVATION PLAN.—The Secretary shall 
require an owner or operator carrying out the activi-
ties described in paragraph (1) to develop and imple-
ment a conservation plan. 
‘‘(3) RE-ENROLLMENT PROHIBITED.—Land im-
proved under paragraph (1) may not be re-enrolled in 
the conservation reserve program for 5 years after the 
date of termination of the contract.’’. 
SEC. 2005. PAYMENTS. 
(a) TREES, WINDBREAKS, SHELTERBELTS, AND WILD-
LIFE CORRIDORS.—Section 1234(b)(3)(A) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3834(b)(3)(A)) is amended— 
(1) in clause (i), by inserting ‘‘and’’ after the 
semicolon; 
(2) by striking clause (ii); and 
(3) by redesignating clause (iii) as clause (ii). 
(b) ANNUAL RENTAL PAYMENTS.—Section 1234(c) of 
the Food Security Act of 1985 (16 U.S.C. 3834(c)) is 
amended— 
(1) in paragraph (1), by inserting ‘‘or other eli-
gible lands’’ after ‘‘highly erodible cropland’’ both 
places it appears; and 
(2) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) METHODS OF DETERMINATION.— 
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164 
‘‘(A) IN GENERAL.—The amounts payable 
to owners or operators in the form of rental pay-
ments under contracts entered into under this 
subchapter may be determined through— 
‘‘(i) the submission of bids for such 
contracts by owners and operators in such 
manner as the Secretary may prescribe; or 
‘‘(ii) such other means as the Secretary 
determines are appropriate. 
‘‘(B) GRASSLANDS.—In the case of eligible 
land described in section 1231(b)(3), the Sec-
retary shall make annual payments in an 
amount that is not more than 75 percent of the 
grazing value of the land covered by the con-
tract.’’. 
(c) PAYMENT SCHEDULE.—Subsection (d) of section 
1234 of the Food Security Act of 1985 (16 U.S.C. 3834) 
is amended to read as follows: 
‘‘(d) PAYMENT SCHEDULE.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this section, payments under this subchapter shall 
be made in cash in such amount and on such time 
schedule as is agreed on and specified in the contract. 
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165 
‘‘(2) ADVANCE PAYMENT.—Payments under this 
subchapter may be made in advance of determination 
of performance.’’. 
(d) PAYMENT LIMITATION.—Section 1234(f) of the 
Food Security Act of 1985 (16 U.S.C. 3834(f)) is amend-
ed— 
(1) in paragraph (1), by striking ‘‘, including 
rental payments made in the form of in-kind com-
modities,’’; 
(2) by striking paragraph (3); and 
(3) by redesignating paragraph (4) as para-
graph (2). 
SEC. 2006. CONTRACT REQUIREMENTS. 
(a) EARLY TERMINATION BY OWNER OR OPERATOR.— 
Section 1235(e) of the Food Security Act of 1985 (16 U.S.C. 
3835(e)) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘The Secretary’’ and insert-
ing ‘‘During fiscal year 2013, the Secretary’’; 
and 
(B) by striking ‘‘before January 1, 1995,’’; 
(2) in paragraph (2), by striking subparagraph 
(C) and inserting the following: 
‘‘(C) Land devoted to hardwood trees. 
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‘‘(D) Wildlife habitat, duck nesting habitat, 
pollinator habitat, upland bird habitat buffer, 
wildlife food plots, State acres for wildlife en-
hancement, shallow water areas for wildlife, and 
rare and declining habitat. 
‘‘(E) Farmable wetland and restored wet-
land. 
‘‘(F) Land that contains diversions, erosion 
control structures, flood control structures, con-
tour grass strips, living snow fences, salinity re-
ducing vegetation, cross wind trap strips, and 
sediment retention structures. 
‘‘(G) Land located within a federally-des-
ignated wellhead protection area. 
‘‘(H) Land that is covered by an easement 
under the conservation reserve program. 
‘‘(I) Land located within an average width, 
according to the applicable Natural Resources 
Conservation Service field office technical guide, 
of a perennial stream or permanent water 
body.’’; and 
(3) in paragraph (3), by striking ‘‘60 days after 
the date on which the owner or operator submits the 
notice required under paragraph (1)(C)’’ and insert-
ing ‘‘upon approval by the Secretary’’. 
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167 
(b) TRANSITION OPTION FOR CERTAIN FARMERS OR 
RANCHERS.—Section 1235(f) of the Food Security Act of 
1985 (16 U.S.C. 3835(f)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘DUTIES’’ and all that follows 
through ‘‘a beginning farmer’’ and inserting 
‘‘TRANSITION TO COVERED FARMER OR RANCH-
ER.—In the case of a contract modification ap-
proved in order to facilitate the transfer of land 
subject to a contract from a retired farmer or 
rancher to a beginning farmer’’; 
(B) in subparagraph (A)(i), by inserting ‘‘, 
including preparing to plant an agricultural 
crop’’ after ‘‘improvements’’; 
(C) in subparagraph (D), by striking ‘‘the 
farmer or rancher’’ and inserting ‘‘the covered 
farmer or rancher’’; and 
(D) in subparagraph (E), by striking ‘‘sec-
tion 1001A(b)(3)(B)’’ and inserting ‘‘section 
1001’’; and 
(2) in paragraph (2), by striking ‘‘requirement 
of section 1231(h)(4)(B)’’ and inserting ‘‘option pur-
suant to section 1234(c)(2)(A)(ii)’’. 
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168 
(c) FINAL YEAR CONTRACT.—Section 1235 of the Food 
Security Act of 1985 (16 U.S.C. 3835) is amended by add-
ing at the end the following new subsections: 
‘‘(g) FINAL YEAR OF CONTRACT.—The Secretary shall 
not consider an owner or operator to be in violation of a 
term or condition of the conservation reserve contract if— 
‘‘(1) during the year prior to expiration of the 
contract, the land is enrolled in the conservation stew-
ardship program; and 
‘‘(2) the activity required under the conservation 
stewardship program pursuant to such enrollment is 
consistent with this subchapter. 
‘‘(h) LAND ENROLLED IN AGRICULTURAL CONSERVA-
TION EASEMENT PROGRAM.—The Secretary may terminate 
or modify a contract entered into under this subchapter if 
eligible land that is subject to such contract is transferred 
into the agricultural conservation easement program under 
subtitle H.’’. 
SEC. 2007. CONVERSION OF LAND SUBJECT TO CONTRACT 
TO OTHER CONSERVING USES. 
Section 1235A of the Food Security Act of 1985 (16 
U.S.C. 3835a) is repealed. 
SEC. 2008. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by this sub-
title shall take effect on October 1, 2012, except the amend-
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169 
ment made by section 2001(d), which shall take effect on 
the date of the enactment of this Act. 
(b) EFFECT ON EXISTING CONTRACTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this subtitle shall 
not affect the validity or terms of any contract en-
tered into by the Secretary of Agriculture under sub-
chapter B of chapter 1 of subtitle D of title XII of the 
Food Security Act of 1985 (16 U.S.C. 3831 et seq.) 
before October 1, 2012, or any payments required to 
be made in connection with the contract. 
(2) UPDATING
OF
EXISTING
CONTRACTS.—The 
Secretary shall permit an owner or operator of land 
subject to a contract entered into under subchapter B 
of chapter 1 of subtitle D of title XII of the Food Se-
curity Act of 1985 (16 U.S.C. 3831 et seq.) before Oc-
tober 1, 2012, to update the contract to reflect the ac-
tivities and uses of land under contract permitted 
under the terms and conditions of section 1233(b) of 
that Act (as amended by section 2004), as determined 
appropriate by the Secretary. 
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170 
Subtitle B—Conservation 
Stewardship Program 
SEC. 2101. CONSERVATION STEWARDSHIP PROGRAM. 
(a) REVISION OF CURRENT PROGRAM.—Subchapter B 
of chapter 2 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3838d et seq.) is amended to read 
as follows: 
‘‘Subchapter B—Conservation Stewardship 
Program 
‘‘SEC. 1238D. DEFINITIONS. 
‘‘In this subchapter: 
‘‘(1) AGRICULTURAL OPERATION.—The term ‘ag-
ricultural operation’ means all eligible land, whether 
or not contiguous, that is— 
‘‘(A) under the effective control of a pro-
ducer at the time the producer enters into a con-
tract under the program; and 
‘‘(B) operated with equipment, labor, man-
agement, and production or cultivation practices 
that are substantially separate from other agri-
cultural operations, as determined by the Sec-
retary. 
‘‘(2) CONSERVATION ACTIVITIES.— 
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‘‘(A) IN GENERAL.—The term ‘conservation 
activities’ means conservation systems, practices, 
or management measures. 
‘‘(B) INCLUSIONS.—The term ‘conservation 
activities’ includes— 
‘‘(i) structural measures, vegetative 
measures, and land management measures, 
including agriculture drainage management 
systems, as determined by the Secretary; 
and 
‘‘(ii) planning needed to address a pri-
ority resource concern. 
‘‘(3) CONSERVATION STEWARDSHIP PLAN.—The 
term ‘conservation stewardship plan’ means a plan 
that— 
‘‘(A) identifies and inventories priority re-
source concerns; 
‘‘(B) establishes benchmark data and con-
servation objectives; 
‘‘(C) describes conservation activities to be 
implemented, managed, or improved; and 
‘‘(D) includes a schedule and evaluation 
plan for the planning, installation, and manage-
ment of the new and existing conservation activi-
ties. 
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‘‘(4) ELIGIBLE LAND.— 
‘‘(A) IN GENERAL.—The term ‘eligible land’ 
means— 
‘‘(i) private or tribal land on which 
agricultural commodities, livestock, or for-
est-related products are produced; and 
‘‘(ii) lands associated with the land de-
scribed in clause (i) on which priority re-
source concerns could be addressed through 
a contract under the program. 
‘‘(B) INCLUSIONS.—The term ‘eligible land’ 
includes— 
‘‘(i) cropland; 
‘‘(ii) grassland; 
‘‘(iii) rangeland; 
‘‘(iv) pasture land; 
‘‘(v) nonindustrial private forest land; 
and 
‘‘(vi) other agricultural areas (includ-
ing cropped woodland, marshes, and agri-
cultural land used or capable of being used 
for the production of livestock), as deter-
mined by the Secretary. 
‘‘(5) PRIORITY RESOURCE CONCERN.—The term 
‘priority resource concern’ means a natural resource 
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173 
concern or problem, as determined by the Secretary, 
that— 
‘‘(A) is identified at the national, State, or 
local level as a priority for a particular area of 
a State; 
‘‘(B) represents a significant concern in a 
State or region; and 
‘‘(C) is likely to be addressed successfully 
through the implementation of conservation ac-
tivities under this program. 
‘‘(6) PROGRAM.—The term ‘program’ means the 
conservation stewardship program established by this 
subchapter. 
‘‘(7) STEWARDSHIP
THRESHOLD.—The term 
‘stewardship threshold’ means the level of manage-
ment required, as determined by the Secretary, to 
conserve and improve the quality and condition of a 
natural resource. 
‘‘SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM. 
‘‘(a) ESTABLISHMENT AND PURPOSE.—During each of 
fiscal years 2013 through 2017, the Secretary shall carry 
out a conservation stewardship program to encourage pro-
ducers to address priority resource concerns in a com-
prehensive manner— 
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‘‘(1) by undertaking additional conservation ac-
tivities; and 
‘‘(2) by improving, maintaining, and managing 
existing conservation activities. 
‘‘(b) EXCLUSIONS.— 
‘‘(1) LAND ENROLLED IN OTHER CONSERVATION 
PROGRAMS.—Subject to paragraph (2), the following 
land (even if covered by the definition of eligible land) 
is not eligible for enrollment in the program: 
‘‘(A) Land enrolled in the conservation re-
serve program, unless— 
‘‘(i) the conservation reserve contract 
will expire at the end of the fiscal year in 
which the land is to be enrolled in the pro-
gram; and 
‘‘(ii) conservation reserve program 
payments for land enrolled in the program 
cease before the first program payment is 
made to the applicant under this sub-
chapter. 
‘‘(B) Land enrolled in a wetland easement 
through the agricultural conservation easement 
program. 
‘‘(C) Land enrolled in the conservation se-
curity program. 
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175 
‘‘(2) CONVERSION TO CROPLAND.—Eligible land 
used for crop production after October 1, 2012, that 
had not been planted, considered to be planted, or de-
voted to crop production for at least 4 of the 6 years 
preceding that date shall not be the basis for any pay-
ment under the program, unless the land does not 
meet the requirement because— 
‘‘(A) the land had previously been enrolled 
in the conservation reserve program; 
‘‘(B) the land has been maintained using 
long-term crop rotation practices, as determined 
by the Secretary; or 
‘‘(C) the land is incidental land needed for 
efficient operation of the farm or ranch, as deter-
mined by the Secretary. 
‘‘SEC. 1238F. STEWARDSHIP CONTRACTS. 
‘‘(a) SUBMISSION OF CONTRACT OFFERS.—To be eligi-
ble to participate in the conservation stewardship program, 
a producer shall submit to the Secretary a contract offer 
for the agricultural operation that— 
‘‘(1) demonstrates to the satisfaction of the Sec-
retary that the producer, at the time of the contract 
offer, meets or exceeds the stewardship threshold for at 
least 2 priority resource concerns; and 
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176 
‘‘(2) would, at a minimum, meet or exceed the 
stewardship threshold for at least 1 additional pri-
ority resource concern by the end of the stewardship 
contract by— 
‘‘(A) installing and adopting additional 
conservation activities; and 
‘‘(B) improving, maintaining, and man-
aging existing conservation activities across the 
entire agricultural operation in a manner that 
increases or extends the conservation benefits in 
place at the time the contract offer is accepted by 
the Secretary. 
‘‘(b) EVALUATION OF CONTRACT OFFERS.— 
‘‘(1) RANKING OF APPLICATIONS.—In evaluating 
contract offers submitted under subsection (a), the 
Secretary shall rank applications based on— 
‘‘(A) the level of conservation treatment on 
all applicable priority resource concerns at the 
time of application; 
‘‘(B) the degree to which the proposed con-
servation activities effectively increase conserva-
tion performance; 
‘‘(C) the number of applicable priority re-
source concerns proposed to be treated to meet or 
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exceed the stewardship threshold by the end of the 
contract; 
‘‘(D) the extent to which other priority re-
source concerns will be addressed to meet or ex-
ceed the stewardship threshold by the end of the 
contract period; 
‘‘(E) the extent to which the actual and an-
ticipated conservation benefits from the contract 
are provided at the least cost relative to other 
similarly beneficial contract offers; and 
‘‘(F) the extent to which priority resource 
concerns will be addressed when transitioning 
from the conservation reserve program to agri-
cultural production. 
‘‘(2) PROHIBITION.—The Secretary may not as-
sign a higher priority to any application because the 
applicant is willing to accept a lower payment than 
the applicant would otherwise be eligible to receive. 
‘‘(3) ADDITIONAL CRITERIA.—The Secretary may 
develop and use such additional criteria that the Sec-
retary determines are necessary to ensure that na-
tional, State, and local priority resource concerns are 
effectively addressed. 
‘‘(c) ENTERING INTO CONTRACTS.—After a determina-
tion that a producer is eligible for the program under sub-
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section (a), and a determination that the contract offer 
ranks sufficiently high under the evaluation criteria under 
subsection (b), the Secretary shall enter into a conservation 
stewardship contract with the producer to enroll the eligible 
land to be covered by the contract. 
‘‘(d) CONTRACT PROVISIONS.— 
‘‘(1) TERM.—A conservation stewardship con-
tract shall be for a term of 5 years. 
‘‘(2) REQUIRED PROVISIONS.—The conservation 
stewardship contract of a producer shall— 
‘‘(A) state the amount of the payment the 
Secretary agrees to make to the producer for each 
year of the conservation stewardship contract 
under section 1238G(d); 
‘‘(B) require the producer— 
‘‘(i) to implement a conservation stew-
ardship plan that describes the program 
purposes to be achieved through 1 or more 
conservation activities; 
‘‘(ii) to maintain and supply informa-
tion as required by the Secretary to deter-
mine compliance with the conservation 
stewardship plan and any other require-
ments of the program; and 
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‘‘(I) the producer shall forfeit all 
rights to receive payments under the 
contract; and 
‘‘(II) the producer shall refund all 
or a portion of the payments received 
by the producer under the contract, in-
cluding any interest on the payments, 
as determined by the Secretary; or 
‘‘(ii) if the Secretary determines that 
the violation does not warrant termination 
of the contract, the producer shall refund or 
accept adjustments to the payments pro-
vided to the producer, as the Secretary de-
termines to be appropriate; 
‘‘(F) include provisions in accordance with 
paragraphs (3) and (4) of this section; and 
‘‘(G) include any additional provisions the 
Secretary determines are necessary to carry out 
the program. 
‘‘(3) CHANGE OF INTEREST IN LAND SUBJECT TO 
A CONTRACT.— 
‘‘(A) IN GENERAL.—At the time of applica-
tion, a producer shall have control of the eligible 
land to be enrolled in the program. Except as 
provided in subparagraph (B), a change in the 
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181 
interest of a producer in eligible land covered by 
a contract under the program shall result in the 
termination of the contract with regard to that 
land. 
‘‘(B) TRANSFER OF DUTIES AND RIGHTS.— 
Subparagraph (A) shall not apply if— 
‘‘(i) within a reasonable period of time 
(as determined by the Secretary) after the 
date of the change in the interest in eligible 
land covered by a contract under the pro-
gram, the transferee of the land provides 
written notice to the Secretary that all du-
ties and rights under the contract have been 
transferred to, and assumed by, the trans-
feree for the portion of the land transferred; 
‘‘(ii) the transferee meets the eligibility 
requirements of the program; and 
‘‘(iii) the Secretary approves the trans-
fer of all duties and rights under the con-
tract. 
‘‘(4) MODIFICATION AND TERMINATION OF CON-
TRACTS.— 
‘‘(A) VOLUNTARY MODIFICATION OR TERMI-
NATION.—The Secretary may modify or termi-
nate a contract with a producer if— 
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‘‘(i) the producer agrees to the modi-
fication or termination; and 
‘‘(ii) the Secretary determines that the 
modification or termination is in the public 
interest. 
‘‘(B) 
INVOLUNTARY
TERMINATION.—The 
Secretary may terminate a contract if the Sec-
retary determines that the producer violated the 
contract. 
‘‘(5) REPAYMENT.—If a contract is terminated, 
the Secretary may, consistent with the purposes of the 
program— 
‘‘(A) allow the producer to retain payments 
already received under the contract; or 
‘‘(B) require repayment, in whole or in 
part, of payments received and assess liquidated 
damages. 
‘‘(e) CONTRACT RENEWAL.—At the end of the initial 
5-year contract period, the Secretary may allow the pro-
ducer to renew the contract for 1 additional 5-year period 
if the producer— 
‘‘(1) demonstrates compliance with the terms of 
the initial contract; 
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‘‘(2) agrees to adopt and continue to integrate 
conservation activities across the entire agricultural 
operation, as determined by the Secretary; and 
‘‘(3) agrees, by the end of the contract period— 
‘‘(A) to meet the stewardship threshold of at 
least two additional priority resource concerns 
on the agricultural operation; or 
‘‘(B) to exceed the stewardship threshold of 
two existing priority resource concerns that are 
specified by the Secretary in the initial contract. 
‘‘SEC. 1238G. DUTIES OF THE SECRETARY. 
‘‘(a) IN GENERAL.—To achieve the conservation goals 
of a contract under the conservation stewardship program, 
the Secretary shall— 
‘‘(1) make the program available to eligible pro-
ducers on a continuous enrollment basis with 1 or 
more ranking periods, one of which shall occur in the 
first quarter of each fiscal year; 
‘‘(2) identify not less than 5 priority resource 
concerns in a particular watershed or other appro-
priate region or area within a State; and 
‘‘(3) establish a science-based stewardship thresh-
old for each priority resource concern identified under 
paragraph (2). 
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‘‘(b) ALLOCATION TO STATES.—The Secretary shall al-
locate acres to States for enrollment, based— 
‘‘(1) primarily on each State’s proportion of eli-
gible land to the total acreage of eligible land in all 
States; and 
‘‘(2) also on consideration of— 
‘‘(A) the extent and magnitude of the con-
servation needs associated with agricultural pro-
duction in each State; 
‘‘(B) the degree to which implementation of 
the program in the State is, or will be, effective 
in helping producers address those needs; and 
‘‘(C) other considerations to achieve equi-
table geographic distribution of funds, as deter-
mined by the Secretary. 
‘‘(c) ACREAGE ENROLLMENT LIMITATION.—During 
the period beginning on October 1, 2012, and ending on 
September 30, 2021, the Secretary shall, to the maximum 
extent practicable— 
‘‘(1) enroll in the program an additional 
9,000,000 acres for each fiscal year; and 
‘‘(2) manage the program to achieve a national 
average rate of $18 per acre, which shall include the 
costs of all financial assistance, technical assistance, 
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and any other expenses associated with enrollment or 
participation in the program. 
‘‘(d) CONSERVATION STEWARDSHIP PAYMENTS.— 
‘‘(1) AVAILABILITY
OF
PAYMENTS.—The Sec-
retary shall provide annual payments under the pro-
gram to compensate the producer for— 
‘‘(A) installing and adopting additional 
conservation activities; and 
‘‘(B) improving, maintaining, and man-
aging conservation activities in place at the ag-
ricultural operation of the producer at the time 
the contract offer is accepted by the Secretary. 
‘‘(2) PAYMENT
AMOUNT.—The amount of the 
conservation stewardship annual payment shall be de-
termined by the Secretary and based, to the max-
imum extent practicable, on the following factors: 
‘‘(A) Costs incurred by the producer associ-
ated with planning, design, materials, installa-
tion, labor, management, maintenance, or train-
ing. 
‘‘(B) Income forgone by the producer. 
‘‘(C) Expected conservation benefits. 
‘‘(D) The extent to which priority resource 
concerns will be addressed through the installa-
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