I
107TH CONGRESS
1ST SESSION
H. R. 2542
To establish a Farmland Stewardship Program designed to target existing
conservation programs to the specific conservation needs and opportuni-
ties presented by certain agricultural lands and to authorize the Secretary
of Agriculture to enter into stewardship contracts with private owners
and operators of these lands to maintain, protect, and care for the
natural, environmental, and agricultural resources on these lands, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 18, 2001
Mr. PUTNAM introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To establish a Farmland Stewardship Program designed to
target existing conservation programs to the specific con-
servation needs and opportunities presented by certain
agricultural lands and to authorize the Secretary of Agri-
culture to enter into stewardship contracts with private
owners and operators of these lands to maintain, protect,
and care for the natural, environmental, and agricultural
resources on these lands, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘American Farmland Stewardship Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—FARMLAND STEWARDSHIP PROGRAM
Sec. 101. Establishment and purpose of Program.
Sec. 102. Use of farmland stewardship agreements.
Sec. 103. Partnership approach to Program.
Sec. 104. Participation of owners and operators of eligible agricultural lands.
TITLE II—ADVISORY COUNCIL
Sec. 201. Creation of an advisory council regarding Program.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American agricultural producers are stew-
ards of their lands, and should be encouraged to
carry out practices to maintain, protect, and care for
the natural, environmental, and agricultural re-
sources of their lands.
(2) Agricultural producers face increasing chal-
lenges in protecting environmental sensitive land
while ensuring an abundant and safe food supply
and the sound future of agricultural production.
(3) Increased access of agricultural producers
to conservation programs, particularly by producers
facing unique environmental needs, must be a part
of the national agricultural conservation policy.
(4) Responsible care and stewardship of natural
resources by agricultural producers would be fos-
tered by incentive initiatives aimed at assisting pro-
ducers in meeting environmental program require-
ments, protecting and maintaining endangered habi-
tat and wetlands, improving water quality and water
access, 
treating 
on-farm 
discharge, 
deterring
invasive species, and addressing other important en-
vironmental challenges.
(5) Greater local involvement, as well as in-
creased cooperation between agricultural producers
and local, State, and Federal officials, is needed to
allow agricultural producers to meet environmental
goals.
(6) A voluntary incentives based program would
encourage greater protection of natural resources by
providing economic assistance to agricultural pro-
ducers to improve and protect natural resources,
while permitting them to stay competitive in the
world market.
SEC. 3. DEFINITIONS.
In this Act:
(1) AGREEMENT.—The terms ‘‘farmland stew-
ardship agreement’’ and ‘‘agreement’’ mean a stew-
ardship contract authorized by title I.
(2) CONTRACTING
AGENCY.—The term ‘‘con-
tracting agency’’ means a local conservation district,
resource conservation & development district, exten-
sion service or local office of the Department of Ag-
riculture or other participating government agency
that is designated by the Secretary to enter into
farmland stewardship agreements on behalf of the
Secretary.
(3) ELIGIBLE
AGRICULTURAL
LANDS.—The
term ‘‘eligible agricultural lands’’ means private
lands that are in primarily native or natural condi-
tion or are classified as cropland, pastureland, graz-
ing lands, or timberlands by the Secretary and
that—
(A) contain wildlife habitat, habitat for
threatened and endangered species, wetlands or
other natural ecosystems; or
(B) provide opportunities for ecological
services that can benefit the public at large,
such as—
(i) filtration of water;
(ii) aquifer recharge;
(iii) control of invasive and exotic spe-
cies;
(iv) limitations on nonagricultural de-
velopment to preserve open space or prime,
unique, or other productive agricultural
lands; and
(v) improvement of habitats for wild-
life, waterfowl, or migratory birds or in-
sects.
(4) PROGRAM.—The terms ‘‘Farmland Stew-
ardship Program’’ and ‘‘Program’’ mean the con-
servation program of the Department of Agriculture
established by title I.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
TITLE I—FARMLAND
STEWARDSHIP PROGRAM
SEC. 101. ESTABLISHMENT AND PURPOSE OF PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Agriculture
shall establish a special conservation program of the De-
partment of Agriculture, to be known as the Farmland
Stewardship Program, that is designed to more precisely
tailor and target existing conservation programs to the
specific conservation needs and opportunities presented by
individual parcels of eligible agricultural lands.
(b) RELATION
TO OTHER CONSERVATION PRO-
GRAMS.—Under the Farmland Stewardship Program, the
Secretary may implement, or combine together, the fea-
tures of—
(1) other conservation programs administered
by the Secretary; and
(2) conservation programs administered by
other Federal agencies and State and local govern-
ment entities, where feasible and with the consent of
the administering agency or government.
(c) FUNDING SOURCES.—
(1) IN GENERAL.—The Farmland Stewardship
Program and agreements under the Program shall
be funded by the Secretary using—
(A) the funding authorities of the con-
servation programs that are implemented in
whole, or in part, through the use of agree-
ments; and
(B) such funds as are appropriated to
carry out the Program.
(2) COST-SHARING.—It shall be a requirement
of the Farmland Stewardship Program that the ma-
jority of the funds to carry out the Program must
come from other existing conservation programs,
which may be Federal, State, regional, local, or pri-
vate, that are combined into and made a part of an
agreement, or from matching funding contributions
made by State, regional, or local agencies and divi-
sions of government or from private funding sources.
(d) PERSONNEL COSTS.—Federal funds made avail-
able to carry out the Farmland Stewardship Program may
be used to provide additional staff positions and support
within the national headquarters office and State field of-
fices of the Natural Resources Conservation Service to co-
ordinate and oversee the Program on a national basis.
(e) TECHNICAL ASSISTANCE.—Of the funds made
available to carry out the Farmland Stewardship Program
for a fiscal year, the Secretary shall reserve not less than
twenty percent for the provision of technical assistance
under the Program.
SEC. 102. USE OF FARMLAND STEWARDSHIP AGREEMENTS.
(a) AGREEMENTS
AUTHORIZED.—The Secretary
shall carry out the Farmland Stewardship Program by en-
tering into stewardship contracts, to be known as farm-
land stewardship agreements, with the owners or opera-
tors of eligible agricultural lands to maintain, protect, and
care for the natural, environmental, and agricultural re-
sources on the lands.
(b) LEGAL BASIS.—An agreement shall operate in all
respects as a service contract and, as such, provides the
Secretary with the opportunity to hire the owner or oper-
ator of eligible agricultural lands as a vendor to perform
one or more specific services for an equitable fee for each
service rendered. Any Federal agency participating in the
Farmland Stewardship Program that has the authority to
enter into service contracts and to expend public funds
under such contracts may enter into or participate in the
funding of an agreement.
(c) BASIC PURPOSES.—An agreement with the owner
or operator of eligible agricultural lands shall be used—
(1) to negotiate a mutually agreeable set of
guidelines, practices, and procedures under which
services will be provided to the public and rendered
by the owner or operator to protect, maintain, and,
where possible, improve, the natural and ecological
resources on the lands covered by the agreement in
return for annual payments to the owner or operator
for the services rendered;
(2) to implement a conservation program or se-
ries of programs where no program now exists or to
implement conservation management or ecological
service activities where no such activities now exist;
and
(3) to expand conservation practices, resource
management, and ecological service activities to a
property where it is not possible at the present time
to negotiate or reach agreement on a public pur-
chase of a fee-simple or less-than-fee interest in the
property for conservation purposes.
(d) MODIFICATION OF OTHER CONSERVATION PRO-
GRAM ELEMENTS.—If most, but not all, of the limitations,
conditions, and requirements of a conservation program
that is implemented in whole, or in part, through the
Farmland Stewardship Program are met with respect to
a parcel of eligible agricultural lands, and the purposes
to be achieved by the agreement to be entered into for
such lands are consistent with the purposes of the con-
servation program, then the Secretary may waive any re-
maining limitations, conditions, or requirements of the
conservation program that would otherwise prohibit or
limit the agreement.
(e) STATE
AND
LOCAL
CONSERVATION
PRIOR-
ITIES.—To the maximum extent practicable, agreements
shall address the conservation priorities established by the
State and locality in which the eligible agricultural lands
are located.
SEC. 103. PARTNERSHIP APPROACH TO PROGRAM.
(a) 
AUTHORITY
OF
SECRETARY
EXERCISED
THROUGH PARTNERSHIPS.—Although the Secretary shall
be responsible for the administration of the Farmland
Stewardship Program and oversight of agreements under
the Program, the Secretary shall work in partnership with
other Federal, State, and local agencies whose programs
are incorporated into the Program under section 101.
(b) DESIGNATION AND USE OF CONTRACTING AGEN-
CIES.—Subject to subsection (c), the Secretary may au-
thorize a local conservation district, resource conservation
& development district, extension service, nonprofit organi-
zation, or local office of the Department of Agriculture
or other participating government agency to enter into and
administer agreements under the Program as a con-
tracting agency on behalf of the Secretary.
(c) CONDITIONS ON DESIGNATION.—The Secretary
may designate an eligible district or office as a contracting
agency under subsection (b) only if the district of office—
(1) submits a written request for such designa-
tion to the Secretary;
(2) affirms that it is willing to follow all guide-
lines for executing and administering an agreement,
as promulgated by the Secretary;
(3) demonstrates to the satisfaction of the Sec-
retary that it has established working relationships
with owners and operators of eligible agricultural
lands, and based on the history of these working re-
lationships, demonstrates that it has the ability to
work with owners and operators of eligible agricul-
tural lands in a cooperative, and not a contentious
or litigious, manner;
(4) affirms its willingness to assume responsi-
bility for preparing all documentation for the agree-
ment, negotiating its terms with an owner or oper-
ator, monitoring compliance, making annual reports
to the Secretary, and administering the agreement
throughout its full term; and
(5) demonstrates to the satisfaction of the Sec-
retary that it has or will have the necessary staff re-
sources and expertise to carry out its responsibilities
under paragraphs (3) and (4).
SEC. 104. PARTICIPATION OF OWNERS AND OPERATORS OF
ELIGIBLE AGRICULTURAL LANDS.
(a) APPLICATION
AND APPROVAL PROCESS.—To
participate in the Farmland Stewardship Program, an
owner or operator of eligible agricultural lands shall—
(1) submit to the Secretary an application indi-
cating interest in the Program and describing the
owner’s or operator’s property, its resources, and
their ecological and agricultural values;
(2) submit to the Secretary a list of services to
be provided, a management plan to be implemented,
or both, under the proposed agreement;
(3) if the application and list are accepted by
the Secretary, enter into an agreement that details
the services to be provided, management plan to be
implemented, or both, and requires compliance with
the other terms of the agreement.
(b) APPLICATION ON BEHALF OF AN OWNER OR OP-
ERATOR.—A designated contracting agency may submit
the application required by subsection (a) on behalf of an
owner or operator by if the contracting agency has secured
the consent of the owner or operator to enter into an
agreement.
(c) STRUCTURE
OF AGREEMENT.—An agreement
shall contain the following:
(1) A map, property description, and aerial
photograph of the eligible agricultural lands covered
by the agreement, including any lands with impor-
tant natural and ecological resources that require
special attention and care.
(2) A list of the resources to be maintained
under the agreement.
(3) A description of the services to be rendered,
conservation practices to be implemented and main-
tained, or both, under the agreement during the
term of the agreement.
(4) A schedule for the implementation and
maintenance of the services and conservation prac-
tices described in paragraph (3).
(5) A schedule of payments for each service and
conservation practice described in paragraph (3).
(6) A schedule of any bonus payments offered
under the agreement and the criteria that must be
satisfied for the owner or operator to earn the bonus
payments.
(7) Guarantees regarding compliance moni-
toring and access to the covered property on an an-
nual basis.
(8) A description of the penalties for non-
performance and default.
(9) Provisions for assignment of the agreement
to a subsequent owner or operator.
(10) Encumbrance provisions for recording the
agreement.
(11) Such other terms as the Secretary may re-
quire.
(d) DUTIES OF OWNERS AND OPERATORS.—During
the term of the agreement, the owner or operator of the
eligible agricultural lands covered by the agreement
shall—
(1) implement the services to be rendered, con-
servation practices to be implemented and main-
tained, or both, specified in the agreement;
(2) keep such records as the Secretary may re-
quire for purposes of evaluation of the implementa-
tion of the agreement; and
(3) not to engage in any activity that would de-
feat the purposes of the agreement.
(e) DUTIES OF SECRETARY.—The Secretary shall en-
sure that payments required by an agreement are made
as provided in the agreement.
(f) AUTHORIZED SERVICES.—The authorized services
that may be rendered by an owner or operator on eligible
agricultural lands covered by an agreement, and paid for
by the Secretary under the agreement, include the fol-
lowing:
(1) Removal of invasive species and continued
management of land and water resources in a way
that prevents invasive species from being reintro-
duced.
(2) Installation of best management practices
or other recommended practices to eliminate impacts
on natural areas outside a property’s boundaries.
(3) Use of property for water retention or de-
tention.
(4) Installation of phytoremediation cells and
other waste treatment facilities to provide environ-
mental clean-up services to remove suspended solids,
particulates, toxic salts and metals, and other pollut-
ants from urban, suburban, industrial and farm
waste, including landfill leachates, stormwater run-
off, tainted groundwater and other sources of pollut-
ants.
(5) Dedication of a portion of a property as a
buffer strip or filter strip.
(6) Retention of open space between developed
areas and natural areas.
(7) Implementation of wetland restoration, con-
servation, or enhancement.
(8) Reduction of greenhouse emissions and en-
hancement of carbon sequestering.
(9) Enhancement of soil, plant, or animal
health and well-being.
(10) Improvement of water quality.
(11) Improvement of air quality.
(12) Implementation of on-farm conservation
and regeneration of biological resources, including
plant and animal germplasm.
(13) Provision of access for research.
(14) Provision of periodic or limited public ac-
cess in a manner acceptable to the owner or oper-
ator.
(15) Any other service prescribed by or found
to be acceptable by the Secretary.
(g) ENSURING
AVAILABILITY
OF
FUNDS.—All
amounts required for preparing, executing, carrying out,
monitoring, and administering an agreement for its entire
term shall be made available by the Federal, State, and
local agencies and private sector entities involved in fund-
ing the agreement upon execution of the agreement.
TITLE II—ADVISORY COUNCIL
SEC. 201. CREATION OF AN ADVISORY COUNCIL REGARD-
ING PROGRAM.
(a) APPOINTMENT.—The Secretary shall appoint a
12-member advisory council to assist the Secretary in car-
rying out the Farmland Stewardship Program.
(b) DUTIES.—The advisory council shall assist the
Secretary—
(1) in drafting such regulations as are nec-
essary to carry out the Program;
(2) in developing draft documents for executing
farmland stewardship agreements;
(3) in developing procedures and guidelines to
facilitate partnerships with other levels of govern-