186 
tion and adoption of conservation activities on 
the agricultural operation. 
‘‘(E) The level of stewardship in place at 
the time of application and maintained over the 
term of the contract. 
‘‘(F) The degree to which the conservation 
activities will be integrated across the entire ag-
ricultural operation for all applicable priority 
resource concerns over the term of the contract. 
‘‘(G) Such other factors as determined ap-
propriate by the Secretary. 
‘‘(3) EXCLUSIONS.—A payment to a producer 
under this subsection shall not be provided for— 
‘‘(A) the design, construction, or mainte-
nance of animal waste storage or treatment fa-
cilities or associated waste transport or transfer 
devices for animal feeding operations; or 
‘‘(B) conservation activities for which there 
is no cost incurred or income forgone to the pro-
ducer. 
‘‘(4) DELIVERY OF PAYMENTS.—In making pay-
ments under this subsection, the Secretary shall, to 
the extent practicable— 
‘‘(A) prorate conservation performance over 
the term of the contract so as to accommodate, 
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187 
to the extent practicable, producers earning equal 
annual payments in each fiscal year; and 
‘‘(B) make payments as soon as practicable 
after October 1 of each fiscal year for activities 
carried out in the previous fiscal year. 
‘‘(e) SUPPLEMENTAL PAYMENTS FOR RESOURCE-CON-
SERVING CROP ROTATIONS.— 
‘‘(1) AVAILABILITY
OF
PAYMENTS.—The Sec-
retary shall provide additional payments to producers 
that, in participating in the program, agree to adopt 
or improve resource-conserving crop rotations to 
achieve beneficial crop rotations as appropriate for 
the eligible land of the producers. 
‘‘(2) BENEFICIAL
CROP
ROTATIONS.—The Sec-
retary shall determine whether a resource-conserving 
crop rotation is a beneficial crop rotation eligible for 
additional payments under paragraph (1) based on 
whether the resource-conserving crop rotation is de-
signed to provide natural resource conservation and 
production benefits. 
‘‘(3) ELIGIBILITY.—To be eligible to receive a 
payment described in paragraph (1), a producer shall 
agree to adopt and maintain beneficial resource-con-
serving crop rotations for the term of the contract. 
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188 
‘‘(4) RESOURCE-CONSERVING CROP ROTATION.— 
In this subsection, the term ‘resource-conserving crop 
rotation’ means a crop rotation that— 
‘‘(A) includes at least 1 resource conserving 
crop (as defined by the Secretary); 
‘‘(B) reduces erosion; 
‘‘(C) improves soil fertility and tilth; 
‘‘(D) interrupts pest cycles; and 
‘‘(E) in applicable areas, reduces depletion 
of soil moisture or otherwise reduces the need for 
irrigation. 
‘‘(f) PAYMENT LIMITATIONS.—A person or legal entity 
may not receive, directly or indirectly, payments under the 
program that, in the aggregate, exceed $200,000 under all 
contracts entered into during fiscal years 2013 through 
2017, excluding funding arrangements with Indian tribes, 
regardless of the number of contracts entered into under the 
program by the person or legal entity. 
‘‘(g) SPECIALTY CROP AND ORGANIC PRODUCERS.— 
The Secretary shall ensure that outreach and technical as-
sistance are available, and program specifications are ap-
propriate to enable specialty crop and organic producers 
to participate in the program. 
‘‘(h) 
COORDINATION
WITH
ORGANIC
CERTIFI-
CATION.—The Secretary shall establish a transparent 
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189 
means by which producers may initiate organic certifi-
cation under the Organic Foods Production Act of 1990 (7 
U.S.C. 6501 et seq.) while participating in a contract under 
the program. 
‘‘(i) REGULATIONS.—The Secretary shall promulgate 
regulations that— 
‘‘(1) prescribe such other rules as the Secretary 
determines to be necessary to ensure a fair and rea-
sonable application of the limitations established 
under subsection (f); and 
‘‘(2) otherwise enable the Secretary to carry out 
the program.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on October 1, 2012. 
(c) EFFECT ON EXISTING CONTRACTS.— 
(1) IN GENERAL.—The amendment made by this 
section shall not affect the validity or terms of any 
contract entered into by the Secretary of Agriculture 
under 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.) before October 1, 2012, or any pay-
ments required to be made in connection with the 
contract. 
(2) CONSERVATION
STEWARDSHIP
PROGRAM.— 
Funds made available under section 1241(a)(4) of the 
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Food Security Act of 1985 (16 U.S.C. 3841(a)(4)) (as 
amended by section 2601(a) of this title) may be used 
to administer and make payments to program par-
ticipants that enrolled into contracts during any of 
fiscal years 2009 through 2012. 
Subtitle C—Environmental Quality 
Incentives Program 
SEC. 2201. PURPOSES. 
Section 1240 of the Food Security Act of 1985 (16 
U.S.C. 3839aa) is amended— 
(1) in paragraph (3)— 
(A) in subparagraph (A), by striking ‘‘and’’ 
at the end; 
(B) by redesignating subparagraph (B) as 
subparagraph (C) and, in such subparagraph, by 
inserting ‘‘and’’ after the semicolon; and 
(C) by inserting after subparagraph (A) the 
following new subparagraph: 
‘‘(B) developing and improving wildlife 
habitat; and’’; 
(2) in paragraph (4), by striking ‘‘; and’’ and 
inserting a period; and 
(3) by striking paragraph (5). 
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191 
SEC. 2202. ESTABLISHMENT AND ADMINISTRATION. 
Section 1240B of the Food Security Act of 1985 (16 
U.S.C. 3839aa–2) is amended— 
(1) in subsection (a), by striking ‘‘2014’’ and in-
serting ‘‘2017’’; 
(2) in subsection (b), by striking paragraph (2) 
and inserting the following new paragraph: 
‘‘(2) TERM.—A contract under the program shall 
have a term that does not exceed 10 years.’’; 
(3) in subsection (d)(4)— 
(A) in subparagraph (A), in the matter pre-
ceding clause (i), by inserting ‘‘, veteran farmer 
or rancher (as defined in section 2501(e) of the 
Food, Agriculture, Conservation, and Trade Act 
of 1990 (7 U.S.C. 2279(e))),’’ before ‘‘or a begin-
ning farmer or rancher’’; and 
(B) by striking subparagraph (B) and in-
serting the following new subparagraph: 
‘‘(B) ADVANCE PAYMENTS.— 
‘‘(i) IN GENERAL.—Not more than 50 
percent of the amount determined under 
subparagraph (A) may be provided in ad-
vance for the purpose of purchasing mate-
rials or contracting. 
‘‘(ii) RETURN
OF
FUNDS.—If funds 
provided in advance are not expended dur-
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192 
ing the 90-day period beginning on the date 
of receipt of the funds, the funds shall be re-
turned within a reasonable time frame, as 
determined by the Secretary.’’; 
(4) by striking subsection (f) and inserting the 
following new subsection: 
‘‘(f) ALLOCATION OF FUNDING.— 
‘‘(1) LIVESTOCK.—For each of fiscal years 2013 
through 2017, at least 60 percent of the funds made 
available for payments under the program shall be 
targeted at practices relating to livestock production. 
‘‘(2) WILDLIFE
HABITAT.—For each of fiscal 
years 2013 through 2017, 5 percent of the funds made 
available for payments under the program shall be 
targeted at practices benefitting wildlife habitat.’’; 
(5) in subsection (g)— 
(A) in the subsection heading, by striking 
‘‘FEDERALLY RECOGNIZED NATIVE AMERICAN 
INDIAN TRIBES AND ALASKA NATIVE CORPORA-
TIONS’’ and inserting ‘‘INDIAN TRIBES’’; 
(B) by striking ‘‘federally recognized Native 
American Indian Tribes and Alaska Native Cor-
porations (including their affiliated membership 
organizations)’’ and inserting ‘‘Indian tribes’’; 
and 
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(C) by striking ‘‘or Native Corporation’’; 
and 
(6) by adding at the end the following: 
‘‘(j) WILDLIFE HABITAT INCENTIVE PRACTICE.—The 
Secretary shall provide payments under the program for 
conservation practices that support the restoration, develop-
ment, and improvement of wildlife habitat on eligible land, 
including— 
‘‘(1) upland wildlife habitat; 
‘‘(2) wetland wildlife habitat; 
‘‘(3) habitat for threatened and endangered spe-
cies; 
‘‘(4) fish habitat; 
‘‘(5) habitat on pivot corners and other irregular 
areas of a field; and 
‘‘(6) other types of wildlife habitat, as deter-
mined appropriate by the Secretary.’’. 
SEC. 2203. EVALUATION OF APPLICATIONS. 
Section 1240C(b) of the Food Security Act of 1985 (16 
U.S.C. 3839aa–3(b)) is amended— 
(1) in paragraph (1), by striking ‘‘environ-
mental’’ and inserting ‘‘conservation’’; and 
(2) in paragraph (3), by striking ‘‘purpose of the 
environmental quality incentives program specified in 
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194 
section 1240(1)’’ and inserting ‘‘purposes of the pro-
gram’’. 
SEC. 2204. DUTIES OF PRODUCERS. 
Section 1240D(2) of the Food Security Act of 1985 (16 
U.S.C. 3839aa–4(2)) is amended by striking ‘‘farm, ranch, 
or forest’’ and inserting ‘‘enrolled’’. 
SEC. 2205. LIMITATION ON PAYMENTS. 
Section 1240G of the Food Security Act of 1985 (16 
U.S.C. 3839aa–7) is amended to read as follows: 
‘‘SEC. 1240G. LIMITATION ON PAYMENTS. 
‘‘A person or legal entity may not receive, directly or 
indirectly, cost share or incentive payments under this 
chapter that, in aggregate, exceed $450,000 for all contracts 
entered into under this chapter by the person or legal entity 
during the period of fiscal years 2013 through 2017, regard-
less of the number of contracts entered into under this chap-
ter by the person or legal entity.’’. 
SEC. 2206. CONSERVATION INNOVATION GRANTS AND PAY-
MENTS. 
Section 1240H of the Food Security Act of 1985 (16 
U.S.C. 3839aa–8) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (C), by striking ‘‘; 
and’’ and inserting a semicolon; 
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195 
(B) in subparagraph (D), by striking the 
period and inserting a semicolon; and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(E) facilitate on-farm conservation re-
search and demonstration activities; and 
‘‘(F) facilitate pilot testing of new tech-
nologies or innovative conservation practices.’’; 
and 
(2) by striking subsection (b) and inserting the 
following new subsection: 
‘‘(b) REPORTING.—Not later than December 31, 2013, 
and every two years thereafter, the Secretary shall submit 
to the Committee on Agriculture, Nutrition, and Forestry 
of the Senate and the Committee on Agriculture of the 
House of Representatives a report on the status of projects 
funded under this section, including— 
‘‘(1) funding awarded; 
‘‘(2) project results; and 
‘‘(3) incorporation of project findings, such as 
new technology and innovative approaches, into the 
conservation efforts implemented by the Secretary.’’. 
SEC. 2207. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by this sub-
title shall take effect on October 1, 2012. 
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196 
(b) EFFECT ON EXISTING CONTRACTS.—The amend-
ments made by this subtitle shall not affect the validity or 
terms of any contract entered into by the Secretary of Agri-
culture under chapter 4 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3839aa et seq.) before Octo-
ber 1, 2012, or any payments required to be made in con-
nection with the contract. 
Subtitle D—Agricultural 
Conservation Easement Program 
SEC. 2301. AGRICULTURAL CONSERVATION EASEMENT PRO-
GRAM. 
(a) ESTABLISHMENT.—Title XII of the Food Security 
Act of 1985 is amended by adding at the end the following 
new subtitle: 
‘‘Subtitle H—Agricultural 
Conservation Easement Program 
‘‘SEC. 1265. ESTABLISHMENT AND PURPOSES. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
an agricultural conservation easement program for the con-
servation of eligible land and natural resources through 
easements or other interests in land. 
‘‘(b) PURPOSES.—The purposes of the program are 
to— 
‘‘(1) combine the purposes and coordinate the 
functions of the wetlands reserve program established 
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under section 1237, the grassland reserve program es-
tablished under section 1238N, and the farmland pro-
tection program established under section 1238I, as 
such sections were in effect on September 30, 2012; 
‘‘(2) restore, protect, and enhance wetlands on el-
igible land; 
‘‘(3) protect the agricultural use and related con-
servation values of eligible land by limiting non-
agricultural uses of that land; and 
‘‘(4) protect grazing uses and related conserva-
tion values by restoring and conserving eligible land. 
‘‘SEC. 1265A. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) AGRICULTURAL
LAND
EASEMENT.—The 
term ‘agricultural land easement’ means an easement 
or other interest in eligible land that— 
‘‘(A) is conveyed for the purpose of pro-
tecting natural resources and the agricultural 
nature of the land; and 
‘‘(B) permits the landowner the right to 
continue agricultural production and related 
uses subject to an agricultural land easement 
plan, as approved by the Secretary. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
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198 
‘‘(A) an agency of State or local government 
or an Indian tribe (including a farmland protec-
tion board or land resource council established 
under State law); or 
‘‘(B) an organization that is— 
‘‘(i) organized for, and at all times 
since the formation of the organization has 
been operated principally for, 1 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; 
‘‘(ii) an organization described in sec-
tion 501(c)(3) of that Code that is exempt 
from taxation under section 501(a) of that 
Code; or 
‘‘(iii) described in— 
‘‘(I) paragraph (1) or (2) of sec-
tion 509(a) of that Code; or 
‘‘(II) section 509(a)(3) of that 
Code and is controlled by an organiza-
tion described in section 509(a)(2) of 
that Code. 
‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 
means private or tribal land that is— 
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‘‘(A) in the case of an agricultural land 
easement, agricultural land, including land on a 
farm or ranch— 
‘‘(i) that is subject to a pending offer 
for purchase of an agricultural land ease-
ment from an eligible entity; 
‘‘(ii) that— 
‘‘(I) has prime, unique, or other 
productive soil; 
‘‘(II) contains historical or ar-
chaeological resources; or 
‘‘(III) the protection of which will 
further a State or local policy con-
sistent with the purposes of the pro-
gram; and 
‘‘(iii) that is— 
‘‘(I) cropland; 
‘‘(II) rangeland; 
‘‘(III) grassland or land that con-
tains forbs, or shrubland for which 
grazing is the predominate use; 
‘‘(IV) pastureland; or 
‘‘(V) nonindustrial private forest 
land that contributes to the economic 
viability of an offered parcel or serves 
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200 
as a buffer to protect such land from 
development; 
‘‘(B) in the case of a wetland easement, a 
wetland or related area, including— 
‘‘(i) farmed or converted wetlands, to-
gether with adjacent land that is function-
ally dependent on that land, if the Sec-
retary determines it— 
‘‘(I) is likely to be successfully re-
stored in a cost effective manner; and 
‘‘(II) will maximize the wildlife 
benefits and wetland functions and 
values, as determined by the Secretary 
in consultation with the Secretary of 
the Interior at the local level; 
‘‘(ii) cropland or grassland that was 
used for agricultural production prior to 
flooding from the natural overflow of— 
‘‘(I) a closed basin lake and adja-
cent land that is functionally depend-
ent upon it, if the State or other entity 
is willing to provide 50 percent share 
of the cost of an easement; 
‘‘(II) a pothole and adjacent land 
that is functionally dependent on it; 
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201 
‘‘(iii) farmed wetlands and adjoining 
lands that— 
‘‘(I) are enrolled in the conserva-
tion reserve program; 
‘‘(II) have the highest wetland 
functions and values, as determined by 
the Secretary; and 
‘‘(III) are likely to return to pro-
duction after they leave the conserva-
tion reserve program; 
‘‘(iv) riparian areas that link wetlands 
that are protected by easements or some 
other device that achieves the same purpose 
as an easement; or 
‘‘(v) other wetlands of an owner that 
would not otherwise be eligible, if the Sec-
retary determines that the inclusion of such 
wetlands in a wetland easement would sig-
nificantly add to the functional value of the 
easement; or 
‘‘(C) in the case of either an agricultural 
land easement or wetland easement, other land 
that is incidental to land described in subpara-
graph (A) or (B), if the Secretary determines 
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202 
that it is necessary for the efficient administra-
tion of the easements under this program. 
‘‘(4) PROGRAM.—The term ‘program’ means the 
agricultural conservation easement program estab-
lished by this subtitle. 
‘‘(5) WETLAND EASEMENT.—The term ‘wetland 
easement’ means a reserved interest in eligible land 
that— 
‘‘(A) is defined and delineated in a deed; 
and 
‘‘(B) stipulates— 
‘‘(i) the rights, title, and interests in 
land conveyed to the Secretary; and 
‘‘(ii) the rights, title, and interests in 
land that are reserved to the landowner. 
‘‘SEC. 1265B. AGRICULTURAL LAND EASEMENTS. 
‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 
shall facilitate and provide funding for— 
‘‘(1) the purchase by eligible entities of agricul-
tural land easements and other interests in eligible 
land; and 
‘‘(2) technical assistance to provide for the con-
servation of natural resources pursuant to an agricul-
tural land easement plan. 
‘‘(b) COST-SHARE ASSISTANCE.— 
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203 
‘‘(1) IN GENERAL.—The Secretary shall protect 
the agricultural use, including grazing, and related 
conservation values of eligible land through cost-share 
assistance to eligible entities for purchasing agricul-
tural land easements. 
‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.— 
‘‘(A) FEDERAL SHARE.—An agreement de-
scribed in paragraph (4) shall provide for a Fed-
eral share determined by the Secretary of an 
amount not to exceed 50 percent of the fair mar-
ket value of the agricultural land easement or 
other interest in land, as determined by the Sec-
retary using— 
‘‘(i) the Uniform Standards of Profes-
sional Appraisal Practice; 
‘‘(ii) an area-wide market analysis or 
survey; or 
‘‘(iii) another industry-approved meth-
od. 
‘‘(B) NON-FEDERAL SHARE.— 
‘‘(i) IN
GENERAL.—Under the agree-
ment, the eligible entity shall provide a 
share that is at least equivalent to that pro-
vided by the Secretary. 
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‘‘(ii) SOURCE OF CONTRIBUTION.—An 
eligible entity may include as part of its 
share a charitable donation or qualified 
conservation contribution (as defined by 
section 170(h) of the Internal Revenue Code 
of 1986) from the private landowner if the 
eligible entity contributes its own cash re-
sources in an amount that is at least 50 
percent of the amount contributed by the 
Secretary. 
‘‘(C) EXCEPTION.—In the case of grassland 
of special environmental significance, as deter-
mined by the Secretary, the Secretary may pro-
vide an amount not to exceed 75 percent of the 
fair market value of the agricultural land ease-
ment. 
‘‘(3) EVALUATION
AND
RANKING
OF
APPLICA-
TIONS.— 
‘‘(A) CRITERIA.—The Secretary shall estab-
lish evaluation and ranking criteria to maximize 
the benefit of Federal investment under the pro-
gram. 
‘‘(B) CONSIDERATIONS.—In establishing the 
criteria, the Secretary shall emphasize support 
for— 
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205 
‘‘(i) protecting agricultural uses and 
related conservation values of the land; and 
‘‘(ii) maximizing the protection of 
areas devoted to agricultural use. 
‘‘(C) BIDDING DOWN.—If the Secretary de-
termines that 2 or more applications for cost- 
share assistance are comparable in achieving the 
purpose of the program, the Secretary shall not 
assign a higher priority to any of those applica-
tions solely on the basis of lesser cost to the pro-
gram. 
‘‘(4) AGREEMENTS WITH ELIGIBLE ENTITIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
enter into agreements with eligible entities to 
stipulate the terms and conditions under which 
the eligible entity is permitted to use cost-share 
assistance provided under this section. 
‘‘(B) LENGTH OF AGREEMENTS.—An agree-
ment shall be for a term that is— 
‘‘(i) in the case of an eligible entity 
certified under the process described in 
paragraph (5), a minimum of five years; 
and 
‘‘(ii) for all other eligible entities, at 
least three, but not more than five years. 
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206 
‘‘(C) MINIMUM TERMS AND CONDITIONS.— 
An eligible entity shall be authorized to use its 
own terms and conditions for agricultural land 
easements so long as the Secretary determines 
such terms and conditions— 
‘‘(i) are consistent with the purposes of 
the program; 
‘‘(ii) permit effective enforcement of the 
conservation purposes of such easements; 
‘‘(iii) include a right of enforcement 
for the Secretary, that may be used only if 
the terms of the easement are not enforced 
by the holder of the easement; 
‘‘(iv) subject the land in which an in-
terest is purchased to an agricultural land 
easement plan that— 
‘‘(I) describes the activities which 
promote the long-term viability of the 
land to meet the purposes for which the 
easement was acquired; 
‘‘(II) requires the management of 
grasslands according to a grasslands 
management plan; and 
‘‘(III) includes a conservation 
plan, where appropriate, and requires, 
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at the option of the Secretary, the con-
version of highly erodible cropland to 
less intensive uses; and 
‘‘(v) include a limit on the impervious 
surfaces to be allowed that is consistent with 
the agricultural activities to be conducted. 
‘‘(D) 
SUBSTITUTION
OF
QUALIFIED 
PROJECTS.—An agreement shall allow, upon mu-
tual agreement of the parties, substitution of 
qualified projects that are identified at the time 
of the proposed substitution. 
‘‘(E) EFFECT OF VIOLATION.—If a violation 
occurs of a term or condition of an agreement 
under this subsection— 
‘‘(i) the Secretary may terminate the 
agreement; and 
‘‘(ii) the Secretary may require the eli-
gible entity to refund all or part of any 
payments received by the entity under the 
program, with interest on the payments as 
determined appropriate by the Secretary. 
‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 
‘‘(A) CERTIFICATION
PROCESS.—The Sec-
retary shall establish a process under which the 
Secretary may— 
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‘‘(i) directly certify eligible entities 
that meet established criteria; 
‘‘(ii) enter into long-term agreements 
with certified eligible entities; and 
‘‘(iii) accept proposals for cost-share 
assistance for the purchase of agricultural 
land easements throughout the duration of 
such agreements. 
‘‘(B) CERTIFICATION
CRITERIA.—In order 
to be certified, an eligible entity shall dem-
onstrate to the Secretary that the entity will 
maintain, at a minimum, for the duration of the 
agreement— 
‘‘(i) a plan for administering ease-
ments that is consistent with the purpose of 
this subtitle; 
‘‘(ii) the capacity and resources to 
monitor and enforce agricultural land ease-
ments; and 
‘‘(iii) policies and procedures to en-
sure— 
‘‘(I) the long-term integrity of ag-
ricultural land easements on eligible 
land; 
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209 
‘‘(II) timely completion of acqui-
sitions of such easements; and 
‘‘(III) timely and complete eval-
uation and reporting to the Secretary 
on the use of funds provided under the 
program. 
‘‘(C) REVIEW AND REVISION.— 
‘‘(i) REVIEW.—The Secretary shall 
conduct a review of eligible entities certified 
under subparagraph (A) every three years 
to ensure that such entities are meeting the 
criteria established under subparagraph 
(B). 
‘‘(ii) REVOCATION.—If the Secretary 
finds that the certified eligible entity no 
longer meets the criteria established under 
subparagraph (B), the Secretary may— 
‘‘(I) allow the certified eligible en-
tity a specified period of time, at a 
minimum 180 days, in which to take 
such actions as may be necessary to 
meet the criteria; and 
‘‘(II) revoke the certification of the 
eligible entity, if after the specified pe-
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210 
riod of time, the certified eligible entity 
does not meet such criteria. 
‘‘(c) METHOD OF ENROLLMENT.—The Secretary shall 
enroll eligible land under this section through the use of— 
‘‘(1) permanent easements; or 
‘‘(2) easements for the maximum duration al-
lowed under applicable State laws. 
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance, if requested, to assist in— 
‘‘(1) compliance with the terms and conditions of 
easements; and 
‘‘(2) implementation of an agricultural land 
easement plan. 
‘‘SEC. 1265C. WETLAND EASEMENTS. 
‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 
shall provide assistance to owners of eligible land to restore, 
protect, and enhance wetlands through— 
‘‘(1) wetland easements and related wetland ease-
ment plans; and 
‘‘(2) technical assistance. 
‘‘(b) EASEMENTS.— 
‘‘(1) METHOD OF ENROLLMENT.—The Secretary 
shall enroll eligible land under this section through 
the use of— 
‘‘(A) 30-year easements; 
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‘‘(B) permanent easements; 
‘‘(C) easements for the maximum duration 
allowed under applicable State laws; or 
‘‘(D) as an option for Indian tribes only, 
30-year contracts (which shall be considered to be 
30-year easements for the purposes of this sub-
title). 
‘‘(2) LIMITATIONS.— 
‘‘(A) INELIGIBLE
LAND.—The Secretary 
may not acquire easements on— 
‘‘(i) land established to trees under the 
conservation reserve program, except in 
cases where the Secretary determines it 
would further the purposes of the program; 
and 
‘‘(ii) farmed wetlands or converted wet-
lands where the conversion was not com-
menced prior to December 23, 1985. 
‘‘(B) CHANGES
IN
OWNERSHIP.—No wet-
land easement shall be created on land that has 
changed ownership during the preceding 24- 
month period unless— 
‘‘(i) the new ownership was acquired 
by will or succession as a result of the death 
of the previous owner; 
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‘‘(ii)(I) the ownership change occurred 
because of foreclosure on the land; and 
‘‘(II) immediately before the fore-
closure, the owner of the land exercises a 
right of redemption from the mortgage hold-
er in accordance with State law; or 
‘‘(iii) the Secretary determines that the 
land was acquired under circumstances that 
give adequate assurances that such land was 
not acquired for the purposes of placing it 
in the program. 
‘‘(3) EVALUATION AND RANKING OF OFFERS.— 
‘‘(A) CRITERIA.—The Secretary shall estab-
lish evaluation and ranking criteria to maximize 
the benefit of Federal investment under the pro-
gram. 
‘‘(B) CONSIDERATIONS.—When evaluating 
offers from landowners, the Secretary may con-
sider— 
‘‘(i) the conservation benefits of obtain-
ing a wetland easement, including the po-
tential environmental benefits if the land 
was removed from agricultural production; 
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‘‘(ii) the cost-effectiveness of each wet-
land easement, so as to maximize the envi-
ronmental benefits per dollar expended; 
‘‘(iii) whether the landowner or an-
other person is offering to contribute finan-
cially to the cost of the wetland easement to 
leverage Federal funds; and 
‘‘(iv) such other factors as the Sec-
retary determines are necessary to carry out 
the purposes of the program. 
‘‘(C) PRIORITY.—The Secretary shall place 
priority on acquiring wetland easements based 
on the value of the wetland easement for pro-
tecting and enhancing habitat for migratory 
birds and other wildlife. 
‘‘(4) AGREEMENT.—To be eligible to place eligi-
ble land into the program through a wetland ease-
ment, the owner of such land shall enter into an 
agreement with the Secretary to— 
‘‘(A) grant an easement on such land to the 
Secretary; 
‘‘(B) authorize the implementation of a wet-
land easement plan developed for the eligible 
land under subsection (f); 
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‘‘(C) create and record an appropriate deed 
restriction in accordance with applicable State 
law to reflect the easement agreed to; 
‘‘(D) provide a written statement of consent 
to such easement signed by those holding a secu-
rity interest in the land; 
‘‘(E) comply with the terms and conditions 
of the easement and any related agreements; and 
‘‘(F) permanently retire any existing base 
history for the land on which the easement has 
been obtained. 
‘‘(5) TERMS AND CONDITIONS OF EASEMENT.— 
‘‘(A) IN
GENERAL.—A wetland easement 
shall include terms and conditions that— 
‘‘(i) permit— 
‘‘(I) repairs, improvements, and 
inspections on the land that are nec-
essary to maintain existing public 
drainage systems; and 
‘‘(II) owners to control public ac-
cess on the easement areas while iden-
tifying access routes to be used for res-
toration activities and management 
and easement monitoring; 
‘‘(ii) prohibit— 
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‘‘(I) the alteration of wildlife 
habitat and other natural features of 
such land, unless specifically author-
ized by the Secretary; 
‘‘(II) the spraying of such land 
with chemicals or the mowing of such 
land, except where such spraying or 
mowing is authorized by the Secretary 
or is necessary— 
‘‘(aa) to comply with Federal 
or State noxious weed control 
laws; 
‘‘(bb) to comply with a Fed-
eral or State emergency pest treat-
ment program; or 
‘‘(cc) to meet habitat needs of 
specific wildlife species; 
‘‘(III) any activities to be carried 
out on the owner’s or successor’s land 
that is immediately adjacent to, and 
functionally related to, the land that is 
subject to the easement if such activi-
ties will alter, degrade, or otherwise di-
minish the functional value of the eli-
gible land; and 
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216 
‘‘(IV) the adoption of any other 
practice that would tend to defeat the 
purposes of the program, as determined 
by the Secretary; 
‘‘(iii) provide for the efficient and ef-
fective establishment of wildlife functions 
and values; and 
‘‘(iv) include such additional provi-
sions as the Secretary determines are desir-
able to carry out the program or facilitate 
the practical administration thereof. 
‘‘(B) VIOLATION.—On the violation of the 
terms or conditions of a wetland easement, the 
wetland easement shall remain in force and the 
Secretary may require the owner to refund all or 
part of any payments received by the owner 
under the program, together with interest thereon 
as determined appropriate by the Secretary. 
‘‘(C) COMPATIBLE USES.—Land subject to a 
wetland easement may be used for compatible 
economic uses, including such activities as hunt-
ing and fishing, managed timber harvest, or 
periodic haying or grazing, if such use is specifi-
cally permitted by the wetland easement plan de-
veloped for the land under subsection (f) and is 
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217 
consistent with the long-term protection and en-
hancement of the wetland resources for which the 
easement was established. 
‘‘(D) RESERVATION OF GRAZING RIGHTS.— 
The Secretary may include in the terms and con-
ditions of a wetland easement a provision under 
which the owner reserves grazing rights if— 
‘‘(i) the Secretary determines that the 
reservation and use of the grazing rights— 
‘‘(I) is compatible with the land 
subject to the easement; 
‘‘(II) is consistent with the histor-
ical natural uses of the land and the 
long-term protection and enhancement 
goals for which the easement was estab-
lished; and 
‘‘(III) complies with the wetland 
easement plan developed for the land 
under subsection (f); and 
‘‘(ii) the agreement provides for a com-
mensurate reduction in the easement pay-
ment to account for the grazing value, as 
determined by the Secretary. 
‘‘(6) COMPENSATION.— 
‘‘(A) DETERMINATION.— 
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218 
‘‘(i) 
PERMANENT
EASEMENTS.—The 
Secretary shall pay as compensation for a 
permanent 
wetland 
easement 
acquired 
under the program an amount necessary to 
encourage enrollment in the program, based 
on the lowest of— 
‘‘(I) the fair market value of the 
land, as determined by the Secretary, 
using the Uniform Standards of Pro-
fessional Appraisal Practice or an 
area-wide market analysis or survey; 
‘‘(II) the amount corresponding to 
a geographical cap, as determined by 
the Secretary in regulations; or 
‘‘(III) the offer made by the land-
owner. 
‘‘(ii) 
30-YEAR
EASEMENTS.—Com-
pensation for a 30-year wetland easement 
shall be not less than 50 percent, but not 
more than 75 percent, of the compensation 
that would be paid for a permanent wet-
land easement. 
‘‘(B) FORM
OF
PAYMENT.—Compensation 
for a wetland easement shall be provided by the 
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219 
Secretary in the form of a cash payment, in an 
amount determined under subparagraph (A). 
‘‘(C) PAYMENT SCHEDULE.— 
‘‘(i) EASEMENTS
VALUED
AT
$500,000 
OR LESS.—For wetland easements valued at 
$500,000 or less, the Secretary may provide 
easement payments in not more than 10 an-
nual payments. 
‘‘(ii) EASEMENTS
VALUED
AT
MORE 
THAN $500,000.—For wetland easements val-
ued at more than $500,000, the Secretary 
may provide easement payments in at least 
5, but not more than 10 annual payments, 
except that, if the Secretary determines it 
would further the purposes of the program, 
the Secretary may make a lump sum pay-
ment for such an easement. 
‘‘(c) EASEMENT RESTORATION.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
financial assistance to owners of eligible land to carry 
out the establishment of conservation measures and 
practices and protect wetland functions and values, 
including necessary maintenance activities, as set 
forth in a wetland easement plan developed for the el-
igible land under subsection (f). 
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‘‘(2) PAYMENTS.—The Secretary shall— 
‘‘(A) in the case of a permanent wetland 
easement, pay an amount that is not less than 
75 percent, but not more than 100 percent, of the 
eligible costs, as determined by the Secretary; 
and 
‘‘(B) in the case of a 30-year wetland ease-
ment, pay an amount that is not less than 50 
percent, but not more than 75 percent, of the eli-
gible costs, as determined by the Secretary. 
‘‘(d) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall assist 
owners in complying with the terms and conditions 
of wetland easements. 
‘‘(2) CONTRACTS
OR
AGREEMENTS.—The Sec-
retary may enter into 1 or more contracts with pri-
vate entities or agreements with a State, non-govern-
mental organization, or Indian tribe to carry out nec-
essary restoration, enhancement, or maintenance of a 
wetland easement if the Secretary determines that the 
contract or agreement will advance the purposes of 
the program. 
‘‘(e) WETLAND ENHANCEMENT OPTION.—The Sec-
retary may enter into 1 or more agreements with a State 
(including a political subdivision or agency of a State), 
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221 
nongovernmental organization, or Indian tribe to carry out 
a special wetland enhancement option that the Secretary 
determines would advance the purposes of program. 
‘‘(f) ADMINISTRATION.— 
‘‘(1) WETLAND EASEMENT PLAN.—The Secretary 
shall develop a wetland easement plan for eligible 
lands subject to a wetland easement, which shall in-
clude practices and activities necessary to restore, 
protect, enhance, and maintain the enrolled lands. 
‘‘(2) DELEGATION
OF
EASEMENT
ADMINISTRA-
TION.—The Secretary may delegate— 
‘‘(A) any of the easement management, 
monitoring, and enforcement responsibilities of 
the Secretary to other Federal or State agencies 
that have the appropriate authority, expertise, 
and resources necessary to carry out such dele-
gated responsibilities; and 
‘‘(B) any of the easement management re-
sponsibilities of the Secretary to other conserva-
tion organizations if the Secretary determines 
the organization has the appropriate expertise 
and resources. 
‘‘(3) PAYMENTS.— 
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222 
‘‘(A) TIMING OF PAYMENTS.—The Secretary 
shall provide payment for obligations incurred 
by the Secretary under this section— 
‘‘(i) with respect to any easement res-
toration obligation under subsection (c), as 
soon as possible after the obligation is in-
curred; and 
‘‘(ii) with respect to any annual ease-
ment payment obligation incurred by the 
Secretary, as soon as possible after October 
1 of each calendar year. 
‘‘(B) PAYMENTS TO OTHERS.—If an owner 
who is entitled to a payment under this section 
dies, becomes incompetent, is otherwise unable to 
receive such payment, or is succeeded by another 
person or entity who renders or completes the re-
quired performance, the Secretary shall make 
such payment, in accordance with regulations 
prescribed by the Secretary and without regard 
to any other provision of law, in such manner 
as the Secretary determines is fair and reason-
able in light of all of the circumstances. 
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223 
‘‘SEC. 1265D. ADMINISTRATION. 
‘‘(a) INELIGIBLE LAND.—The Secretary may not use 
program funds for the purposes of acquiring an easement 
on— 
‘‘(1) lands owned by an agency of the United 
States, other than land held in trust for Indian tribes; 
‘‘(2) lands owned in fee title by a State, includ-
ing an agency or a subdivision of a State, or a unit 
of local government; 
‘‘(3) land subject to an easement or deed restric-
tion which, as determined by the Secretary, provides 
similar protection as would be provided by enrollment 
in the program; or 
‘‘(4) lands where the purposes of the program 
would be undermined due to on-site or off-site condi-
tions, such as risk of hazardous substances, proposed 
or existing rights of way, infrastructure development, 
or adjacent land uses. 
‘‘(b) PRIORITY.—In evaluating applications under the 
program, the Secretary may give priority to land that is 
currently enrolled in the conservation reserve program in 
a contract that is set to expire within 1 year and— 
‘‘(1) in the case of an agricultural land ease-
ment, is grassland that would benefit from protection 
under a long-term easement; and 
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224 
‘‘(2) in the case of a wetland easement, is a wet-
land or related area with the highest functions and 
value and is likely to return to production after the 
land leaves the conservation reserve program. 
‘‘(c) SUBORDINATION, EXCHANGE, MODIFICATION, AND 
TERMINATION.— 
‘‘(1) IN GENERAL.—The Secretary may subordi-
nate, exchange, modify, or terminate any interest in 
land, or portion of such interest, administered by the 
Secretary, either directly or on behalf of the Com-
modity Credit Corporation under the program if the 
Secretary determines that— 
‘‘(A) it is in the Federal Government’s in-
terest to subordinate, exchange, modify, or termi-
nate the interest in land; 
‘‘(B) the subordination, exchange, modifica-
tion, or termination action— 
‘‘(i) will address a compelling public 
need for which there is no practicable alter-
native; or 
‘‘(ii) such action will further the prac-
tical administration of the program; and 
‘‘(C) the subordination, exchange, modifica-
tion, or termination action will result in com-
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225 
parable conservation value and equivalent or 
greater economic value to the United States. 
‘‘(2) CONSULTATION.—The Secretary shall work 
with the owner, and eligible entity if applicable, to 
address any subordination, exchange, modification, or 
termination of the interest, or portion of such interest, 
in land. 
‘‘(3) NOTICE.—At least 90 days before taking 
any termination action described in paragraph (1), 
the Secretary shall provide written notice of such ac-
tion to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate. 
‘‘(d) LAND ENROLLED IN CONSERVATION RESERVE 
PROGRAM.—The Secretary may terminate or modify a con-
tract entered into under section 1231(a) if eligible land that 
is subject to such contract is transferred into the program. 
‘‘(e) ALLOCATION
OF FUNDS
FOR AGRICULTURAL 
LAND EASEMENTS.—Of the funds made available under 
section 1241 to carry out the program for a fiscal year, 
the Secretary shall, to the extent practicable, use for agricul-
tural land easements— 
‘‘(1) no less than 40 percent in each of fiscal 
years 2013 through 2016; and 
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226 
‘‘(2) no less than 50 percent in fiscal year 
2017.’’. 
(b) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 
Before an eligible entity or owner of eligible land may re-
ceive assistance under subtitle H of title XII of the Food 
Security Act of 1985, the eligible entity or person shall 
agree, during the crop year for which the assistance is pro-
vided and in exchange for the assistance— 
(1) to comply with applicable conservation re-
quirements under subtitle B of title XII of that Act 
(16 U.S.C. 3811 et seq.); and 
(2) to comply with applicable wetland protection 
requirements under subtitle C of title XII of that Act 
(16 U.S.C. 3821 et seq.). 
(c) CROSS REFERENCE; CALCULATION.—Section 1244 
of the Food Security Act of 1985 (16 U.S.C. 3844) is 
amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘and’’ at the end of 
subparagraph (A); 
(ii) by striking ‘‘and’’ at the end of 
subparagraph (B); and 
(iii) by striking subparagraph (C); 
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227 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the fol-
lowing new subparagraph: 
‘‘(2) the agricultural conservation easement pro-
gram established under subtitle H; and’’; and 
(2) in subsection (f)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘programs administered under subchapters 
B and C of chapter 1 of subtitle D’’ and in-
serting ‘‘conservation reserve program estab-
lished under subchapter B of chapter 1 of 
subtitle D and wetland easements under sec-
tion 1265C’’; and 
(ii) in subparagraph (B), by striking 
‘‘an easement acquired under subchapter C 
of chapter 1 of subtitle D’’ and inserting ‘‘a 
wetland easement under section 1265C’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) CALCULATION.—In calculating the percent-
ages described in paragraph (1), the Secretary shall 
include any acreage that was included in calculations 
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228 
of percentages made under such paragraph, as in ef-
fect on September 30, 2012, and that remains enrolled 
when the calculation is made after that date under 
paragraph (1).’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2012. 
Subtitle E—Regional Conservation 
Partnership Program 
SEC. 2401. REGIONAL CONSERVATION PARTNERSHIP PRO-
GRAM. 
(a) IN GENERAL.—Title XII of the Food Security Act 
of 1985 is amended by inserting after subtitle H, as added 
by section 2301, the following new subtitle: 
‘‘Subtitle I—Regional Conservation 
Partnership Program 
‘‘SEC. 1271. ESTABLISHMENT AND PURPOSES. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
a regional conservation partnership program to implement 
eligible activities on eligible land through— 
‘‘(1) partnership agreements with eligible part-
ners; and 
‘‘(2) contracts with producers. 
‘‘(b) PURPOSES.—The purposes of the program are as 
follows: 
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229 
‘‘(1) To use covered programs to accomplish pur-
poses and functions similar to those of the following 
programs, as in effect on September 30, 2012: 
‘‘(A) The agricultural water enhancement 
program established under section 1240I. 
‘‘(B) The Chesapeake Bay watershed pro-
gram established under section 1240Q. 
‘‘(C) The cooperative conservation partner-
ship initiative established under section 1243. 
‘‘(D) The Great Lakes basin program for 
soil erosion and sediment control established 
under section 1240P. 
‘‘(2) To further the conservation, restoration, and 
sustainable use of soil, water, wildlife, and related 
natural resources on eligible land on a regional or 
watershed scale. 
‘‘(3) To encourage eligible partners to cooperate 
with producers in— 
‘‘(A) meeting or avoiding the need for na-
tional, State, and local natural resource regu-
latory requirements related to production on eli-
gible land; and 
‘‘(B) implementing projects that will result 
in the carrying out of eligible activities that af-
fect multiple agricultural or nonindustrial pri-
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vate forest operations on a local, regional, State, 
or multi-State basis. 
‘‘SEC. 1271A. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) COVERED
PROGRAM.—The term ‘covered 
program’ means the following: 
‘‘(A) The agricultural conservation ease-
ment program. 
‘‘(B) The environmental quality incentives 
program. 
‘‘(C) The conservation stewardship pro-
gram. 
‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible ac-
tivity’ means any of the following conservation activi-
ties: 
‘‘(A) Water quality or quantity conserva-
tion, restoration, or enhancement projects relat-
ing to surface water and groundwater resources, 
including— 
‘‘(i) the conversion of irrigated crop-
land to the production of less water-inten-
sive agricultural commodities or dryland 
farming; or 
‘‘(ii) irrigation system improvement 
and irrigation efficiency enhancement. 
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‘‘(B) Drought mitigation. 
‘‘(C) Flood prevention. 
‘‘(D) Water retention. 
‘‘(E) Air quality improvement. 
‘‘(F) Habitat conservation, restoration, and 
enhancement. 
‘‘(G) Erosion control and sediment reduc-
tion. 
‘‘(H) Other related activities that the Sec-
retary determines will help achieve conservation 
benefits. 
‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 
means land on which agricultural commodities, live-
stock, or forest-related products are produced, includ-
ing— 
‘‘(A) cropland; 
‘‘(B) grassland; 
‘‘(C) rangeland; 
‘‘(D) pastureland; 
‘‘(E) nonindustrial private forest land; and 
‘‘(F) other land incidental to agricultural 
production (including wetlands and riparian 
buffers) on which significant natural resource 
issues could be addressed under the program. 
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‘‘(4) ELIGIBLE
PARTNER.—The term ‘eligible 
partner’ means any of the following: 
‘‘(A) An agricultural or silvicultural pro-
ducer association or other group of producers. 
‘‘(B) A State or unit of local government. 
‘‘(C) An Indian tribe. 
‘‘(D) A farmer cooperative. 
‘‘(E) A water district, irrigation district, 
rural water district or association, or other orga-
nization with specific water delivery authority to 
producers on agricultural land. 
‘‘(F) An institution of higher education. 
‘‘(G) An organization with an established 
history of working cooperatively with producers 
on agricultural land, as determined by the Sec-
retary, to address— 
‘‘(i) local conservation priorities re-
lated to agricultural production, wildlife 
habitat development, or nonindustrial pri-
vate forest land management; or 
‘‘(ii) critical watershed-scale soil ero-
sion, water quality, sediment reduction, or 
other natural resource issues. 
‘‘(5) 
PARTNERSHIP
AGREEMENT.—The 
term 
‘partnership agreement’ means an agreement entered 
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into under section 1271B between the Secretary and 
an eligible partner. 
‘‘(6) PROGRAM.—The term ‘program’ means the 
regional conservation partnership program established 
by this subtitle. 
‘‘SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS. 
‘‘(a) PARTNERSHIP AGREEMENTS AUTHORIZED.—The 
Secretary may enter into a partnership agreement with an 
eligible partner to implement a project that will assist pro-
ducers with installing and maintaining an eligible activity 
on eligible land. 
‘‘(b) LENGTH.—A partnership agreement shall be for 
a period not to exceed 5 years, except that the Secretary 
may extend the agreement one time for up to 12 months 
when an extension is necessary to meet the objectives of the 
program. 
‘‘(c) DUTIES OF PARTNERS.— 
‘‘(1) IN GENERAL.—Under a partnership agree-
ment, the eligible partner shall— 
‘‘(A) define the scope of a project, includ-
ing— 
‘‘(i) the eligible activities to be imple-
mented; 
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‘‘(ii) the potential agricultural or non-
industrial private forest land operations af-
fected; 
‘‘(iii) the local, State, multi-State, or 
other geographic area covered; and 
‘‘(iv) the planning, outreach, imple-
mentation, and assessment to be conducted; 
‘‘(B) conduct outreach to producers for po-
tential participation in the project; 
‘‘(C) at the request of a producer, act on be-
half of a producer participating in the project in 
applying for assistance under section 1271C; 
‘‘(D) leverage financial or technical assist-
ance provided by the Secretary with additional 
funds to help achieve the project objectives; 
‘‘(E) conduct an assessment of the project’s 
effects; and 
‘‘(F) at the conclusion of the project, report 
to the Secretary on its results and funds lever-
aged. 
‘‘(2) CONTRIBUTION.—An eligible partner shall 
provide a significant portion of the overall costs of the 
scope of the project that is the subject of the agreement 
entered into under subsection (a), as determined by 
the Secretary. 
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‘‘(d) APPLICATIONS.— 
‘‘(1) COMPETITIVE
PROCESS.—The Secretary 
shall conduct a competitive process to select applica-
tions for partnership agreements and may assess and 
rank applications with similar conservation purposes 
as a group. 
‘‘(2) CRITERIA USED.—In carrying out the proc-
ess described in paragraph (1), the Secretary shall 
make public the criteria used in evaluating applica-
tions. 
‘‘(3) CONTENT.—An application to the Secretary 
shall include a description of— 
‘‘(A) the scope of the project, as described in 
subsection (c)(1)(A); 
‘‘(B) the plan for monitoring, evaluating, 
and reporting on progress made towards achiev-
ing the project’s objectives; 
‘‘(C) the program resources requested for the 
project, including the covered programs to be 
used and estimated funding needed from the Sec-
retary; 
‘‘(D) eligible partners collaborating to 
achieve project objectives, including their roles, 
responsibilities, capabilities, and financial con-
tribution; and 
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‘‘(E) any other elements the Secretary con-
siders necessary to adequately evaluate and com-
petitively select applications for funding under 
the program. 
‘‘(4) PRIORITY TO CERTAIN APPLICATIONS.—The 
Secretary may give a higher priority to applications 
that— 
‘‘(A) assist producers in meeting or avoid-
ing the need for a natural resource regulatory re-
quirement; 
‘‘(B) have a high percentage of eligible pro-
ducers in the area to be covered by the agree-
ment; 
‘‘(C) significantly leverage non-Federal fi-
nancial and technical resources and coordinate 
with other local, State, or national efforts; 
‘‘(D) deliver high percentages of applied 
conservation to address conservation priorities or 
regional, State, or national conservation initia-
tives; 
‘‘(E) provide innovation in conservation 
methods and delivery, including outcome-based 
performance measures and methods; or 
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‘‘(F) meet other factors that are important 
for achieving the purposes of the program, as de-
termined by the Secretary. 
‘‘SEC. 1271C. ASSISTANCE TO PRODUCERS. 
‘‘(a) IN GENERAL.—The Secretary shall enter into con-
tracts with producers to provide financial and technical as-
sistance to— 
‘‘(1) producers participating in a project with 
an eligible partner, as described in section 1271B; or 
‘‘(2) producers that fit within the scope of a 
project described in section 1271B or a critical con-
servation area designated under section 1271F, but 
who are seeking to implement an eligible activity on 
eligible land independent of a partner. 
‘‘(b) TERMS AND CONDITIONS.— 
‘‘(1) CONSISTENCY WITH PROGRAM RULES.—Ex-
cept as provided in paragraph (2), the Secretary shall 
ensure that the terms and conditions of a contract 
under this section are consistent with the applicable 
rules of the covered programs to be used as part of the 
project, as described in the application under section 
1271B(d)(3)(C). 
‘‘(2) ADJUSTMENTS.—Except with respect to 
statutory program requirements governing appeals, 
payment limitations, and conservation compliance, 
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the Secretary may adjust the discretionary program 
rules of a covered program— 
‘‘(A)
to provide a simplified application 
and evaluation process; and 
‘‘(B) to better reflect unique local cir-
cumstances and purposes if the Secretary deter-
mines such adjustments are necessary to achieve 
the purposes of the program. 
‘‘(c) PAYMENTS.— 
‘‘(1) IN GENERAL.—In accordance with statutory 
requirements of the covered programs involved, the 
Secretary may make payments to a producer in an 
amount determined by the Secretary to be necessary 
to achieve the purposes of the program. 
‘‘(2) PAYMENTS TO PRODUCERS IN STATES WITH 
WATER
QUANTITY
CONCERNS.—The Secretary may 
provide payments to producers participating in a 
project that addresses water quantity concerns for a 
period of five years in an amount sufficient to en-
courage conversion from irrigated farming to dryland 
farming. 
‘‘(3) WAIVER AUTHORITY.—To assist in the im-
plementation of the program, the Secretary may 
waive the applicability of the limitation in section 
1001D(b)(2) of this Act for participating producers if 
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the Secretary determines that the waiver is necessary 
to fulfill the objectives of the program. 
‘‘SEC. 1271D. FUNDING. 
‘‘(a) AVAILABILITY OF FUNDS.—The Secretary shall 
use $100,000,000 of the funds of the Commodity Credit Cor-
poration for each of fiscal years 2013 through 2017 to carry 
out the program. 
‘‘(b) DURATION
OF
AVAILABILITY.—Funds made 
available under subsection (a) shall remain available until 
expended. 
‘‘(c) ADDITIONAL FUNDING AND ACRES.— 
‘‘(1) IN
GENERAL.—In addition to the funds 
made available under subsection (a), the Secretary 
shall reserve 6 percent of the funds and acres made 
available for a covered program for each of fiscal 
years 2013 through 2017 in order to ensure addi-
tional resources are available to carry out this pro-
gram. 
‘‘(2) UNUSED FUNDS AND ACRES.—Any funds or 
acres reserved under paragraph (1) for a fiscal year 
from a covered program that are not obligated under 
this program by April 1 of that fiscal year shall be 
returned for use under the covered program. 
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‘‘(d) ALLOCATION OF FUNDING.—Of the funds and 
acres made available for the program under subsections (a) 
and (c), the Secretary shall allocate— 
‘‘(1) 25 percent of the funds and acres to projects 
based on a State competitive process administered by 
the State Conservationist, with the advice of the State 
technical committee established under subtitle G; 
‘‘(2) 50 percent of the funds and acres to projects 
based on a national competitive process to be estab-
lished by the Secretary; and 
‘‘(3) 25 percent of the funds and acres to projects 
for the critical conservation areas designated under 
section 1271F. 
‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.— 
None of the funds made available under the program may 
be used to pay for the administrative expenses of eligible 
partners. 
‘‘SEC. 1271E. ADMINISTRATION. 
‘‘(a) DISCLOSURE.—In addition to the criteria used 
in evaluating applications as described in section 
1271B(d)(2), the Secretary shall make publicly available 
information on projects selected through the competitive 
process described in section 1271B(d)(1). 
‘‘(b) REPORTING.—Not later than December 31, 2013, 
and every two years thereafter, the Secretary shall submit 
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to the Committee on Agriculture of the House of Representa-
tives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report on the status of projects 
funded under the program, including— 
‘‘(1) the number and types of eligible partners 
and producers participating in the partnership agree-
ments selected; 
‘‘(2) the number of producers receiving assist-
ance; and 
‘‘(3) total funding committed to projects, includ-
ing from Federal and non-Federal resources. 
‘‘SEC. 1271F. CRITICAL CONSERVATION AREAS. 
‘‘(a) IN GENERAL.—In administering funds under sec-
tion 1271D(d)(3), the Secretary shall select applications for 
partnership agreements and producer contracts within crit-
ical conservation areas designated under this section. 
‘‘(b) 
CRITICAL
CONSERVATION
AREA
DESIGNA-
TIONS.— 
‘‘(1) PRIORITY.—In designating critical con-
servation areas under this section, the Secretary shall 
give priority to geographical areas based on the de-
gree to which the geographical area— 
‘‘(A) includes multiple States with signifi-
cant agricultural production; 
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‘‘(B) is covered by an existing regional, 
State, binational, or multistate agreement or 
plan that has established objectives, goals, and 
work plans and is adopted by a Federal, State, 
or regional authority; 
‘‘(C) would benefit from water quality im-
provement, including through reducing erosion, 
promoting sediment control, and addressing nu-
trient management activities affecting large bod-
ies of water of regional, national, or inter-
national significance; 
‘‘(D) would benefit from water quantity im-
provement, including improvement relating to— 
‘‘(i) groundwater, surface water, aqui-
fer, or other water sources; or 
‘‘(ii) a need to promote water retention 
and flood prevention; or 
‘‘(E) contains producers that need assist-
ance in meeting or avoiding the need for a nat-
ural resource regulatory requirement that could 
have a negative economic impact on agricultural 
operations within the area. 
‘‘(2) LIMITATION.—The Secretary may not des-
ignate more than 8 geographical areas as critical con-
servation areas under this section. 
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‘‘(c) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall administer any part-
nership agreement or producer contract under this 
section in a manner that is consistent with the terms 
of the program. 
‘‘(2) RELATIONSHIP
TO
EXISTING
ACTIVITY.— 
The Secretary shall, to the maximum extent prac-
ticable, ensure that eligible activities carried out in 
critical conservation areas designated under this sec-
tion complement and are consistent with other Fed-
eral and State programs and water quality and 
quantity strategies. 
‘‘(3) ADDITIONAL
AUTHORITY.—For a critical 
conservation area described in subsection (b)(1)(D), 
the Secretary may use authorities under the Water-
shed Protection and Flood Prevention Act (16 U.S.C. 
1001 et seq.), other than section 14 of such Act (16 
U.S.C. 1012), to carry out projects for the purposes 
of this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on October 1, 2012. 
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Subtitle F—Other Conservation 
Programs 
SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND. 
Section 1240M(e) of the Food Security Act of 1985 (16 
U.S.C. 3839bb(e)) is amended by striking ‘‘2012’’ and in-
serting ‘‘2017’’. 
SEC. 2502. GRASSROOTS SOURCE WATER PROTECTION PRO-
GRAM. 
Section 1240O(b) of the Food Security Act of 1985 (16 
U.S.C. 3839bb–2) is amended to read as follows: 
‘‘(b) FUNDING.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this section $20,000,000 for each of fiscal years 2008 
through 2017. 
‘‘(2) AVAILABILITY OF FUNDS.—In addition to 
funds made available under paragraph (1), of the 
funds of the Commodity Credit Corporation, the Sec-
retary shall use $5,000,000, to remain available until 
expended.’’. 
SEC. 2503. VOLUNTARY PUBLIC ACCESS AND HABITAT IN-
CENTIVE PROGRAM. 
(a) FUNDING.—Section 1240R(f) of the Food Security 
Act of 1985 (16 U.S.C. 3839bb–5(f)) is amended by insert-
ing before the period at the end the following: ‘‘and 
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$30,000,000 for the period of fiscal years 2013 through 
2017’’. 
(b) REPORT ON PROGRAM EFFECTIVENESS.—Not later 
than two years after the date of the enactment of this Act, 
the Secretary of Agriculture shall submit to the Committee 
on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the 
Senate a report evaluating the effectiveness of the voluntary 
public access program established by section 1240R of the 
Food Security Act of 1985 (16 U.S.C. 3839bb–5), includ-
ing— 
(1) identifying cooperating agencies; 
(2) identifying the number of land holdings and 
total acres enrolled by each State and tribal govern-
ment; 
(3) evaluating the extent of improved access on 
eligible lands, improved wildlife habitat, and related 
economic benefits; and 
(4) any other relevant information and data re-
lating to the program that would be helpful to such 
Committees. 
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SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED 
SERVICES PROGRAM. 
(a) FUNDING.—Subsection (c) of section 1252 of the 
Food Security Act of 1985 (16 U.S.C. 3851) is amended 
to read as follows: 
‘‘(c) FUNDING.— 
‘‘(1) IN GENERAL.—The Secretary may carry out 
the ACES program using funds made available to 
carry out each program under this title. 
‘‘(2) EXCLUSION.—Funds made available to 
carry out the conservation reserve program may not 
be used to carry out the ACES program.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on October 1, 2012. 
SEC. 2505. SMALL WATERSHED REHABILITATION PROGRAM. 
(a) AVAILABILITY OF FUNDS.—Section 14(h)(1) of the 
Watershed Protection and Flood Prevention Act (16 U.S.C. 
1012(h)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (F), by striking the period 
and inserting a semicolon; 
(3) in subparagraph (G), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following new sub-
paragraph: 
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‘‘(H) $250,000,000 for fiscal year 2013, to 
remain available until expended.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
14(h)(2)(E) of the Watershed Protection and Flood Preven-
tion Act (16 U.S.C. 1012(h)(2)(E)) is amended by striking 
‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 2506. AGRICULTURAL MANAGEMENT ASSISTANCE PRO-
GRAM. 
(a) USES.—Section 524(b)(2) of the Federal Crop In-
surance Act (7 U.S.C. 1524(b)(2)) is amended— 
(1) by striking subparagraph (B) and redesig-
nating subparagraphs (C) through (F) as subpara-
graphs (B) through (E), respectively; and 
(2) in subparagraph (B) (as so redesignated)— 
(A) in the matter preceding clause (i), by 
striking ‘‘or resource conservation practices’’; 
and 
(B) by striking clause (i) and redesignating 
clauses (ii) through (iv) as clauses (i) through 
(iii), respectively. 
(b) COMMODITY CREDIT CORPORATION.— 
(1) FUNDING.—Section 524(b)(4)(B) of the Fed-
eral Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is 
amended to read as follows: 
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‘‘(B) FUNDING.—The Commodity Credit 
Corporation shall make available to carry out 
this subsection not less than $10,000,000 for each 
fiscal year.’’. 
(2) CERTAIN USES.—Section 524(b)(4)(C) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(C)) 
is amended— 
(A) in clause (i)— 
(i) by striking ‘‘50’’ and inserting 
‘‘30’’; and 
(ii) by striking ‘‘(A), (B), and (C)’’ 
and inserting ‘‘(A) and (B)’’; and 
(B) in clause (iii), by striking ‘‘40’’ and in-
serting ‘‘60’’. 
Subtitle G—Funding and 
Administration 
SEC. 2601. FUNDING. 
(a) IN GENERAL.—Subsection (a) of section 1241 of 
the Food Security Act of 1985 (16 U.S.C. 3841) is amended 
to read as follows: 
‘‘(a) ANNUAL FUNDING.—For each of fiscal years 2013 
through 2017, the Secretary shall use the funds, facilities, 
and authorities of the Commodity Credit Corporation to 
carry out the following programs under this title (including 
the provision of technical assistance): 
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‘‘(1) The conservation reserve program under 
subchapter B of chapter 1 of subtitle D, including, to 
the maximum extent practicable, $25,000,000 for the 
period of fiscal years 2013 through 2017 to carry out 
section 1235(f) to facilitate the transfer of land subject 
to contracts from retired or retiring owners and oper-
ators to beginning farmers or ranchers and socially 
disadvantaged farmers or ranchers. 
‘‘(2) The agriculture conservation easement pro-
gram under subtitle H, using, to the maximum extent 
practicable— 
‘‘(A) $450,000,000 in fiscal year 2013; 
‘‘(B) $475,000,000 in fiscal year 2014; 
‘‘(C) $500,000,000 in fiscal year 2015; 
‘‘(D) $525,000,000 in fiscal year 2016; and 
‘‘(E) $266,000,000 in fiscal year 2017. 
‘‘(3) The conservation security program under 
subchapter A of chapter 2 of subtitle D, using such 
sums as are necessary to administer contracts entered 
into before September 30, 2008. 
‘‘(4) The conservation stewardship program 
under subchapter B of chapter 2 of subtitle D. 
‘‘(5) The environmental quality incentives pro-
gram under chapter 4 of subtitle D, using, to the 
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maximum extent practicable, $1,750,000,000 for each 
of fiscal years 2013 through 2017.’’. 
(b) GUARANTEED AVAILABILITY OF FUNDS.—Section 
1241 of the Food Security Act of 1985 (16 U.S.C. 3841) 
is amended— 
(1) by redesignating subsections (b) through (h) 
as subsections (c) through (i); respectively; and 
(2) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) AVAILABILITY OF FUNDS.—Amounts made avail-
able by subsection (a) shall be used by the Secretary to carry 
out the programs specified in such subsection for fiscal 
years 2013 through 2017 and shall remain available until 
expended. Amounts made available for the programs speci-
fied in such subsection during a fiscal year through modi-
fications, cancellations, terminations, and other related ad-
ministrative actions and not obligated in that fiscal year 
shall remain available for obligation during subsequent fis-
cal years, but shall reduce the amount of additional funds 
made available in the subsequent fiscal year by an amount 
equal to the amount remaining unobligated.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2012. 
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251 
SEC. 2602. TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—Subsection (c) of section 1241 of 
the Food Security Act of 1985 (16 U.S.C. 3841), as redesig-
nated by section 2601(b)(1) of this Act, is amended to read 
as follows: 
‘‘(c) TECHNICAL ASSISTANCE.— 
‘‘(1) 
AVAILABILITY
OF
FUNDS.—Commodity 
Credit Corporation funds made available for a fiscal 
year for each of the programs specified in subsection 
(a)— 
‘‘(A) shall be available for the provision of 
technical assistance for the programs for which 
funds are made available as necessary to imple-
ment the programs effectively; and 
‘‘(B) shall not be available for the provision 
of technical assistance for conservation programs 
specified in subsection (a) other than the pro-
gram for which the funds were made available. 
‘‘(2) REPORT.—Not later than December 31, 
2012, the Secretary shall submit (and update as nec-
essary in subsequent years) 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— 
‘‘(A) detailing the amount of technical as-
sistance funds requested and apportioned in each 
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252 
program specified in subsection (a) during the 
preceding fiscal year; and 
‘‘(B) any other data relating to this sub-
section that would be helpful to such Commit-
tees.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on October 1, 2012. 
SEC. 2603. REGIONAL EQUITY. 
(a) IN GENERAL.—Section 1241 of the Food Security 
Act of 1985 (16 U.S.C. 3841) is amended by striking sub-
section (e) (as redesignated by section 2601(b)(1) of this 
Act) and inserting the following: 
‘‘(e) REGIONAL EQUITY.— 
‘‘(1) 
EQUITABLE
DISTRIBUTION.—In 
deter-
mining funding allocations each fiscal year, the Sec-
retary shall, after considering available funding and 
program demand in each State, provide a distribu-
tion of funds for conservation programs under subtitle 
D (excluding the conservation reserve program under 
subchapter B of chapter 1), subtitle H (excluding wet-
land easements under section 1265C), and subtitle I 
to ensure equitable program participation propor-
tional to historical funding allocations and usage by 
all States. 
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253 
‘‘(2) MINIMUM
PERCENTAGE.—In determining 
the specific funding allocations under paragraph (1), 
the Secretary shall— 
‘‘(A) ensure that during the first quarter of 
each fiscal year each State has the opportunity 
to establish that the State can use an aggregate 
allocation amount of at least 0.6 percent of the 
funds made available for those conservation pro-
grams; and 
‘‘(B) for each State that can so establish, 
provide an aggregate amount of at least 0.6 per-
cent of the funds made available for those con-
servation programs.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on October 1, 2012. 
SEC. 2604. RESERVATION OF FUNDS TO PROVIDE ASSIST-
ANCE TO CERTAIN FARMERS OR RANCHERS 
FOR CONSERVATION ACCESS. 
(a) IN GENERAL.—Subsection (h) of section 1241 of 
the Food Security Act of 1985 (16 U.S.C. 3841) (as redesig-
nated by section 2601(b)(1)) is amended— 
(1) in paragraph (1) by striking ‘‘2012’’ and in-
serting ‘‘2017’’; and 
(2) by adding at the end the following new para-
graph: 
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254 
‘‘(4) PREFERENCE.—In providing assistance 
under paragraph (1), the Secretary shall give pref-
erence to a veteran farmer or rancher (as defined in 
section 2501(e) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279(e))) that 
qualifies under subparagraph (A) or (B) of para-
graph (1).’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2012. 
SEC. 2605. ANNUAL REPORT ON PROGRAM ENROLLMENTS 
AND ASSISTANCE. 
(a) IN GENERAL.—Subsection (i) (as redesignated by 
section 2601(b)(1)) of section 1241 of the Food Security Act 
of 1985 (16 U.S.C. 3841) is amended— 
(1) in paragraph (1), by striking ‘‘wetlands re-
serve program’’ and inserting ‘‘agricultural conserva-
tion easement program’’; 
(2) by striking paragraphs (2) and (3) and re-
designating paragraphs (4), (5), and (6) as para-
graphs (2), (3), and (4), respectively; and 
(3) in paragraph (3) (as so redesignated)— 
(A) by striking ‘‘agricultural water en-
hancement program’’ and inserting ‘‘regional 
conservation partnership program’’; and 
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255 
(B) by striking ‘‘1240I(g)’’ and inserting 
‘‘1271C(c)(3)’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2012. 
SEC. 2606. REVIEW OF CONSERVATION PRACTICE STAND-
ARDS. 
Section 1242(h)(1)(A) of the Food Security Act of 1985 
(16 U.S.C. 3842(h)(1)(A)) is amended by striking ‘‘the 
Food, Conservation, and Energy Act of 2008’’ and inserting 
‘‘the Federal Agriculture Reform and Risk Management Act 
of 2012’’. 
SEC. 2607. ADMINISTRATIVE REQUIREMENTS APPLICABLE 
TO ALL CONSERVATION PROGRAMS. 
(a) IN GENERAL.—Section 1244 of the Food Security 
Act of 1985 (16 U.S.C. 3844) is amended— 
(1) in subsection (a)(2), by adding at the end the 
following new subparagraph: 
‘‘(E) Veteran farmers or ranchers (as de-
fined in section 2501(e) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
2279(e))).’’; 
(2) in subsection (d), by inserting ‘‘, H, and I’’ 
before the period at the end; 
(3) in subsection (f)— 
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256 
(A) in paragraph (1)(B), by striking ‘‘coun-
try’’ and inserting ‘‘county’’; and 
(B) in paragraph (3), by striking ‘‘sub-
section (c)(2)(B) or (f)(4)’’ and inserting ‘‘sub-
section (c)(2)(A)(ii) or (f)(2)’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(j) IMPROVED ADMINISTRATIVE EFFICIENCY AND EF-
FECTIVENESS.—In administrating a conservation program 
under this title, the Secretary shall, to the maximum extent 
practicable— 
‘‘(1) seek to reduce administrative burdens and 
costs to producers by streamlining conservation plan-
ning and program resources; and 
‘‘(2) take advantage of new technologies to en-
hance efficiency and effectiveness. 
‘‘(k) RELATION TO OTHER PAYMENTS.—Any payment 
received by an owner or operator under this title, including 
an easement payment or rental payment, shall be in addi-
tion to, and not affect, the total amount of payments that 
the owner or operator is otherwise eligible to receive under 
any of the following: 
‘‘(1) This Act. 
‘‘(2) The Agricultural Act of 1949 (7 U.S.C. 
1421 et seq.). 
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257 
‘‘(3) The Federal Agriculture Reform and Risk 
Management Act of 2012. 
‘‘(4) Any law that succeeds a law specified in 
paragraph (1), (2), or (3).’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2012. 
SEC. 2608. STANDARDS FOR STATE TECHNICAL COMMIT-
TEES. 
Section 1261(b) of the Food Security Act of 1985 (16 
U.S.C. 3861(b)) is amended by striking ‘‘Not later than 180 
days after the date of enactment of the Food, Conservation, 
and Energy Act of 2008, the Secretary shall develop’’ and 
inserting ‘‘The Secretary shall review and update as nec-
essary’’. 
SEC. 2609. RULEMAKING AUTHORITY. 
Subtitle E of title XII of the Food Security Act of 1985 
(16 U.S.C. 3841 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 1246. REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary shall promulgate 
such regulations as are necessary to implement programs 
under this title, including such regulations as the Secretary 
determines to be necessary to ensure a fair and reasonable 
application of the limitations established under section 
1244(f). 
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258 
‘‘(b) RULEMAKING PROCEDURE.—The promulgation of 
regulations and administration of programs under this 
title— 
‘‘(1) shall be carried out without regard to— 
‘‘(A) the Statement of Policy of the Sec-
retary effective July 24, 1971 (36 Fed. Reg. 
13804), relating to notices of proposed rule-
making and public participation in rulemaking; 
and 
‘‘(B) chapter 35 of title 44, United States 
Code (commonly known as the Paperwork Re-
duction Act); and 
‘‘(2) shall be made as an interim rule effective 
on publication with an opportunity for notice and 
comment. 
‘‘(c) CONGRESSIONAL REVIEW
OF AGENCY RULE-
MAKING.—In promulgating regulations under this section, 
the Secretary shall use the authority provided under section 
808 of title 5, United States Code.’’. 
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259 
Subtitle H—Repeal of Superseded 
Program Authorities and Tran-
sitional 
Provisions; 
Technical 
Amendments 
SEC. 2701. COMPREHENSIVE CONSERVATION ENHANCE-
MENT PROGRAM. 
(a) REPEAL.—Section 1230 of the Food Security Act 
of 1985 (16 U.S.C. 3830) is repealed. 
(b) CONFORMING AMENDMENT.—The heading of chap-
ter 1 of subtitle D of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3830 et seq.) is amended to read as fol-
lows: ‘‘CONSERVATION RESERVE’’. 
SEC. 2702. EMERGENCY FORESTRY CONSERVATION RE-
SERVE PROGRAM. 
(a) REPEAL.—Section 1231A of the Food Security Act 
of 1985 (16 U.S.C. 3831a) is repealed. 
(b) TRANSITIONAL PROVISIONS.— 
(1) EFFECT
ON
EXISTING
CONTRACTS.—The 
amendment made by this section shall not affect the 
validity or terms of any contract entered into by the 
Secretary of Agriculture under section 1231A of the 
Food Security Act of 1985 (16 U.S.C. 3831a) before 
October 1, 2012, or any payments required to be 
made in connection with the contract. 
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260 
(2) FUNDING.—The Secretary may use funds 
made available to carry out the conservation reserve 
program under subchapter B of chapter 1 of subtitle 
D of title XII of the Food Security Act of 1985 (16 
U.S.C. 3831 et seq.) to continue to carry out contracts 
referred to in paragraph (1) using the provisions of 
law and regulation applicable to such contracts as 
they existed on September 30, 2012. 
(c) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on October 1, 2012. 
SEC. 2703. WETLANDS RESERVE PROGRAM. 
(a) REPEAL.—Subchapter C of chapter 1 of subtitle 
D of title XII of the Food Security Act of 1985 (16 U.S.C. 
3837 et seq.) is repealed. 
(b) TRANSITIONAL PROVISIONS.— 
(1) EFFECT
ON
EXISTING
CONTRACTS.—The 
amendment made by this section shall not affect the 
validity or terms of any contract entered into by the 
Secretary of Agriculture under subchapter C of chap-
ter 1 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3837 et seq.) before October 1, 
2012, or any payments required to be made in con-
nection with the contract. 
(2) FUNDING.—The Secretary may use funds 
made available to carry out the agricultural conserva-
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261 
tion easement program under subtitle H of title XII 
of the Food Security Act of 1985, as added by section 
2301 of this Act, to continue to carry out contracts 
referred to in paragraph (1) using the provisions of 
law and regulation applicable to such contracts as 
they existed on September 30, 2012. 
(c) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on October 1, 2012. 
SEC. 2704. FARMLAND PROTECTION PROGRAM AND FARM 
VIABILITY PROGRAM. 
(a) REPEAL.—Subchapter C of chapter 2 of subtitle 
D of title XII of the Food Security Act of 1985 (16 U.S.C. 
3838h et seq.) is repealed. 
(b) CONFORMING AMENDMENT.—The heading of chap-
ter 2 of subtitle D of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3838 et seq.) is amended by striking 
‘‘AND FARMLAND PROTECTION’’. 
(c) TRANSITIONAL PROVISIONS.— 
(1) EFFECT
ON
EXISTING
CONTRACTS.—The 
amendments made by this section shall not affect the 
validity or terms of any contract entered into by the 
Secretary of Agriculture under subchapter C of chap-
ter 2 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3838h et seq.) before October 
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262 
1, 2012, or any payments required to be made in con-
nection with the contract. 
(2) FUNDING.—The Secretary may use funds 
made available to carry out the agricultural conserva-
tion easement program under subtitle H of title XII 
of the Food Security Act of 1985, as added by section 
2301 of this Act, to continue to carry out contracts 
referred to in paragraph (1) using the provisions of 
law and regulation applicable to such contracts as 
they existed on September 30, 2012. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2012. 
SEC. 2705. GRASSLAND RESERVE PROGRAM. 
(a) REPEAL.—Subchapter D of chapter 2 of subtitle 
D of title XII of the Food Security Act of 1985 (16 U.S.C. 
3838n et seq.) is repealed. 
(b) TRANSITIONAL PROVISIONS.— 
(1) EFFECT
ON
EXISTING
CONTRACTS.—The 
amendment made by this section shall not affect the 
validity or terms of any contract entered into by the 
Secretary of Agriculture under subchapter D of chap-
ter 2 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3838n et seq.) before October 
1, 2012, or any payments required to be made in con-
nection with the contract. 
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270 
SEC. 3004. MINIMUM LEVELS OF ASSISTANCE. 
Section 204(a) of the Food for Peace Act (7 U.S.C. 
1724(a)) is amended— 
(1) in paragraph (1), by striking ‘‘2012’’ and in-
serting ‘‘2017’’; and 
(2) in paragraph (2), by striking ‘‘2012’’ and in-
serting ‘‘2017’’. 
SEC. 3005. FOOD AID CONSULTATIVE GROUP. 
(a) MEMBERSHIP.—Section 205(b) of the Food for 
Peace Act (7 U.S.C. 1725(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by redesignating paragraph (7) as para-
graph (8); and 
(3) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) representatives from the United States agri-
cultural processing sector involved in providing agri-
cultural commodities for programs under this Act; 
and’’. 
(b) CONSULTATION.—Section 205(d) of the Food for 
Peace Act (7 U.S.C. 1725(d)) is amended— 
(1) by striking the first sentence and inserting 
the following: 
‘‘(1) CONSULTATION IN ADVANCE OF ISSUANCE 
OF IMPLEMENTATION REGULATIONS, HANDBOOKS, AND 
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277 
(2) in subparagraph (B)(ii), by inserting before 
the semicolon at the end the following: ‘‘and the in-
tended beneficiaries of the project or activity’’; and 
(3) in subparagraph (B)(iii)— 
(A) by striking ‘‘and’’ at the end of sub-
clause (I); 
(B) by inserting ‘‘and’’ at the end of sub-
clause (II); and 
(C) by inserting after subclause (II) the fol-
lowing new subclause: 
‘‘(III) the McGovern-Dole Inter-
national Food for Education and Child 
Nutrition Program established by sec-
tion 3107 of the Farm Security and 
Rural Investment Act of 2002 (7 
U.S.C. 1736o-1);’’. 
SEC. 3011. DEADLINE FOR AGREEMENTS TO FINANCE SALES 
OR TO PROVIDE OTHER ASSISTANCE. 
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) 
is amended by striking ‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
412(a)(1) of the Food for Peace Act (7 U.S.C. 1736f(a)(1)) 
is amended by striking ‘‘for fiscal year 2008 and each fiscal 
year 
thereafter, 
$2,500,000,000’’ 
and 
inserting 
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344 
(2) Section 310D of such Act (7 U.S.C. 1934) is 
amended— 
(A) by inserting after ‘‘partnership’’ the fol-
lowing: ‘‘, or such other legal entities as the Sec-
retary deems appropriate,’’; and 
(B) by striking ‘‘or partners’’ each place it 
appears and inserting ‘‘partners, or owners’’. 
SEC. 5002. CONSERVATION LOAN AND LOAN GUARANTEE 
PROGRAM. 
(a) ELIGIBILITY.—Section 304(c) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1924(c)) is 
amended by inserting after ‘‘limited liability companies’’ 
the following: ‘‘, or such other legal entities as the Secretary 
deems appropriate,’’. 
(b) LIMITATION ON LOAN GUARANTEE AMOUNT.—Sec-
tion 304(e) of such Act (7 U.S.C. 1924(e)) is amended by 
striking ‘‘75 percent’’ and inserting ‘‘90 percent’’. 
(c) EXTENSION OF PROGRAM.—Section 304(h) of such 
Act (7 U.S.C. 1924(h)) is amended by striking ‘‘2012’’ and 
inserting ‘‘2017’’. 
SEC. 5003. DOWN PAYMENT LOAN PROGRAM. 
(a) IN GENERAL.—Section 310E(b)(1)(C) of the Con-
solidated Farm and Rural Development Act (7 U.S.C. 
1935(b)(1)(C)) is amended by striking ‘‘$500,000’’ and in-
serting ‘‘$667,000’’. 
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