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‘‘(ii) in which there is air quality deg-
radation recognized by a State or local
agency or by the Secretary (in consultation
with the State Technical Committee) to
which agricultural emissions significantly
contribute;
‘‘(B) are the most cost-effective in address-
ing air quality concerns; and
‘‘(C)(i) reduce emissions and air pollutant
precursors from agricultural operations, includ-
ing through making improvements in mobile or
stationary equipment (including engines);
‘‘(ii) would assist producers in meeting
Federal, State, or local regulatory requirements
relating to air quality;
‘‘(iii) are part of a group of producers im-
plementing eligible conservation activities in a
coordinated manner to promote air quality; or
‘‘(iv) reflect innovative approaches and
technologies.’’.
(d) ELIGIBILITY REQUIREMENT.—Section 1240B of
the Food Security Act of 1985 (16 U.S.C. 3839aa–2) (as
amended by subsection (c)) is amended by adding at the
end the following:
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‘‘(i) ELIGIBILITY REQUIREMENT.—A producer shall
not be eligible to receive any payment under this section
unless the producer is a farmer or rancher that, as deter-
mined by the Secretary, derives or expects to derive at least
$15,000 in gross sales from farming, ranching, or forestry
operations (not including payments under the conservation
reserve program established under subchapter B of chapter
1 of subtitle D), as determined by the Secretary.’’.
SEC. 2354. EVALUATION OF OFFERS AND PAYMENTS.
Section 1240C of the Food Security Act of 1985 (16
U.S.C. 3839aa–3) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the
end;
(2) by redesignating paragraph (2) as para-
graph (3); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) improve conservation practices or systems
in place on the operation at the time the contract
offer is accepted or to complete a conservation system;
and’’.
SEC. 2355. 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 or
ranch’’ and inserting ‘‘farm, ranch, or forest land’’.
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SEC. 2356. ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM PLAN.
Section 1240E(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa–5(a)) is amended—
(1) in the matter preceding paragraph (1), by
inserting ‘‘, or an entity described in section 1244(e)
acting on behalf of producers,’’ after ‘‘producer’’;
(2) in paragraph (2), by striking ‘‘and’’ after the
semicolon at the end;
(3) in paragraph (3), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(4) in the case of forest land, is consistent with
a forest management plan that is approved by the
Secretary, which may include—
‘‘(A) a forest stewardship plan described in
section 5 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103a);
‘‘(B) another practice plan approved by the
State forester; or
‘‘(C) another plan determined appropriate
by the Secretary.’’.
SEC. 2357. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16
U.S.C. 3839aa–7) is amended—
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(1) by striking ‘‘An individual’’ and inserting
‘‘(a) IN GENERAL.—Subject to section 1244(i), an in-
dividual’’; and
(2) by adding at the end the following:
‘‘(b) PRODUCER ORGANIZATIONS.—In the case of an
entity described in section 1244(e), the limitation estab-
lished under this section shall apply to each participating
producer and not to the entity described in section
1244(e).’’.
SEC. 2358. CONSERVATION INNOVATION GRANTS.
Section 1240H of the Food Security Act of 1985 (16
U.S.C. 3839aa–8) is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) IN GENERAL.—The Secretary may pay the cost
of competitive grants that leverage Federal investment in
environmental enhancement and protection through the
program by—
‘‘(1) stimulating the development of innovative
technologies; and
‘‘(2) transferring those technologies to agricul-
tural and nonindustrial private forest land in pro-
duction.’’; and
(2) in subsection (b), by striking paragraph (2)
and inserting the following:
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‘‘(2)(A) implement innovative conservation tech-
nologies, such as market systems for pollution reduc-
tion and practices for the storing of carbon in the
soil;
‘‘(B) provide a mechanism for transferring those
technologies to agricultural and nonindustrial private
forest land in production; and
‘‘(C) increase environmental and resource con-
servation benefits through specialty crop production;
and’’.
SEC. 2359. GROUND AND SURFACE WATER CONSERVATION.
Section 1240I of the Food Security Act of 1985 (16
U.S.C. 3839aa–9) is amended by striking subsection (c) and
inserting the following:
‘‘(c) FUNDING.—
‘‘(1) AVAILABILITY OF FUNDS.—Of the funds of
the Commodity Credit Corporation, in addition to
amounts made available under section 1241(a) to
carry out this chapter, the Secretary shall use—
‘‘(A) $65,000,000 for each of fiscal years
2008 through 2012; and
‘‘(B) $60,000,000 for each fiscal year there-
after.
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‘‘(2) FUNDING
FOR
CERTAIN
STATES.—Of the
funds made available under paragraph (1), the Sec-
retary shall—
‘‘(A) provide to each State that received
funds under this title during the period of fiscal
years 2002 through 2007, the greater of—
‘‘(i) the simple average of amounts al-
located to producers in the State under this
section for the period of fiscal years 2002
through 2007; or
‘‘(ii) the amount allocated to producers
in the State under this section in fiscal year
2007; and
‘‘(B) in the case of each State the bound-
aries of which encompass a multistate aquifer
from which documented groundwater with-
drawals exceed 16,000,000,000 gallons per day,
provide an amount not less than the greater of—
‘‘(i) $3,000,000; or
‘‘(ii) the amount provided under sub-
paragraph (A).
‘‘(3) EASTERN SNAKE PLAIN AQUIFER PILOT.—
‘‘(A) IN
GENERAL.—Of the funds made
available under paragraph (1), the Secretary
shall reserve not less than $2,000,000, to remain
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available until expended, for regional water con-
servation activities in the Eastern Snake Aquifer
region.
‘‘(B) APPROVAL.—The Secretary may ap-
prove regional water conservation activities
under this paragraph that address, in whole or
in part, water quality issues.’’.
SEC. 2360. ORGANIC CONVERSION.
The Food Security Act of 1985 is amended by inserting
after section 1240I (16 U.S.C. 3839aa–9) the following:
‘‘SEC. 1240J. ORGANIC CONVERSION.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) NATIONAL ORGANIC PROGRAM.—The term
‘national organic program’ means the national or-
ganic program established under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et. seq.).
‘‘(2) ORGANIC SYSTEM PLAN.—The term ‘organic
system plan’ means an organic plan approved under
the national organic program.
‘‘(b) ESTABLISHMENT.—Under the environmental
quality incentives program established under this chapter,
not later than 180 days after the date of enactment of this
section, the Secretary shall establish a program under which
the Secretary shall provide cost-share and incentive pay-
ments to producers to promote conservation practices and
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activities for production systems undergoing conversion on
some or all of the operations of the producer to organic pro-
duction in accordance with the Organic Foods Production
Act of 1990 (7 U.S.C. 6501 et seq.).
‘‘(c) ORGANIC CONVERSION COST-SHARE AND INCEN-
TIVE PAYMENTS.—The Secretary shall provide organic con-
version cost-share and incentive payments to producers
that—
‘‘(1) are converting to organic production sys-
tems, including producers with existing certified or-
ganic production for conversion to organic production
of land and livestock not previously certified organic;
and
‘‘(2) enter into contracts with the Secretary for
eligible practices and activities described in subsection
(d).
‘‘(d) ELIGIBLE PRACTICES
AND ACTIVITIES.—Pro-
ducers may use funds made available under subsection (c)
for—
‘‘(1) practices and activities during conversion to
certified organic production that—
‘‘(A) are required by, or consistent with, an
approved organic system plan; and
‘‘(B) protect resources of concern, as identi-
fied by the Secretary;
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‘‘(2) technical services, including the costs of de-
veloping an approved organic system plan; and
‘‘(3) such other measures as the Secretary deter-
mines to be appropriate and consistent with an ap-
proved organic system plan.
‘‘(e) ELIGIBLE PRODUCERS.—To be eligible to receive
cost-share and incentive payments under this section, a pro-
ducer shall agree—
‘‘(1) to develop and carry out conservation and
environmental activities that—
‘‘(A) are required by, or consistent with, an
approved organic system plan; and
‘‘(B) protect resources of concern, as identi-
fied by the Secretary;
‘‘(2) to receive technical and educational assist-
ance from the Secretary or from an organization, in-
stitute, or consultant with a cooperative agreement
with the Secretary relating to—
‘‘(A) the development of an organic system
plan and the implementation of conservation
practices and activities that are part of an or-
ganic system plan; or
‘‘(B) other aspects of an organic system
plan, including marketing, credit, business, and
risk management plans; and
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‘‘(3) to submit annual verification by a certi-
fying entity accredited by the Secretary to determine
the compliance of the producer with organic certifi-
cation requirements.
‘‘(f) TERM.—Notwithstanding section 1240B(b)(2)(A),
a contract under this section shall have a term of—
‘‘(1) not less than 3 years; and
‘‘(2) not more than 4 years.
‘‘(g) LIMITATIONS ON PAYMENTS.—As part of the pay-
ment limitation described in section 1240G, an individual
or entity may not receive, directly or indirectly, cost-share
or incentive payments under this section—
‘‘(1) for a period of more than 4 years; or
‘‘(2) that, in the aggregate and exclusive of tech-
nical assistance, exceed—
‘‘(A) $20,000 per year; or
‘‘(B) a total amount of $80,000.
‘‘(h) TERMINATION
OF CONTRACTS.—The Secretary
may cancel or otherwise nullify a contract entered into
under this section if the Secretary determines the producers
are not pursuing organic certification.’’.
SEC. 2361. CHESAPEAKE BAY WATERSHED CONSERVATION
PROGRAM.
The Food Security Act of 1985 is amended by inserting
after section 1240J (as added by section 2360) the following:
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‘‘SEC. 1240K. CHESAPEAKE BAY WATERSHED CONSERVA-
TION PROGRAM.
‘‘(a) DEFINITION
OF
CHESAPEAKE
BAY
WATER-
SHED.—In this section, the term ‘Chesapeake Bay water-
shed’ includes all tributaries, backwaters, and side channels
(including watersheds) draining into the Chesapeake Bay.
‘‘(b) ESTABLISHMENT.—The Secretary shall use the
authorities granted under the environmental quality incen-
tives program established under this chapter to address nat-
ural resource concerns relating to agricultural and non-
industrial private forest land in the Chesapeake Bay water-
shed.
‘‘(c) FUNDING.—Of the funds of the Commodity Credit
Corporation, the Secretary shall use $165,000,000 to carry
out this section for the period of fiscal years 2008 through
2012.’’.
CHAPTER 3—FARMLAND PROTECTION
Subchapter A—Farmland Protection Program
SEC. 2371. FARMLAND PROTECTION PROGRAM.
(a) DEFINITIONS.—Section 1238H of the Food Secu-
rity Act of 1985 (16 U.S.C. 3838h) is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means—
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‘‘(A) any agency of any State or local gov-
ernment or an Indian tribe (including a farm-
land protection board or land resource council
established under State law); or
‘‘(B) any organization that—
‘‘(i) is organized for, and at all times
since the formation of the organization has
been operated principally for, 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) is an organization described in
section 501(c)(3) of that Code that is ex-
empt from taxation under section 501(a) of
that Code; and
‘‘(iii) is—
‘‘(I) described in paragraph (1) or
(2) of section 509(a) of that Code; or
‘‘(II) 
described 
in 
section
509(a)(3), and is controlled by an or-
ganization 
described 
in 
section
509(a)(2), of that Code.’’; and
(2) in paragraph (2)—
(A) in subparagraph (A), by striking
clauses (i) and (ii) and inserting the following:
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‘‘(i) has prime, unique, or other pro-
ductive soil;
‘‘(ii) contains historical or archae-
ological resources; or
‘‘(iii) furthers a State or local policy
consistent with the purposes of the pro-
gram.’’; and
(B) in subparagraph (B)—
(i) in clause (iv), by striking ‘‘and’’ at
the end;
(ii) by striking clause (v) and insert-
ing the following:
‘‘(v) forest land that—
‘‘(I) contributes to the economic
viability of an agricultural operation;
or
‘‘(II) serves as a buffer to protect
an agricultural operation from devel-
opment; and
‘‘(vi) land that is incidental to land
described in clauses (i) through (v), if the
incidental land is determined by the Sec-
retary to be necessary for the efficient ad-
ministration of a conservation easement.’’.
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(b) FARMLAND PROTECTION.—Section 1238I of the
Food Security Act of 1985 (16 U.S.C. 3838i) is amended—
(1) in subsection (a), by striking ‘‘purchase con-
servation easements’’ and all the follows through the
end of the subsection and inserting ‘‘enter into cooper-
ative agreements with eligible entities for the eligible
entities to purchase permanent conservation ease-
ments or other interests in eligible land for the pur-
pose of protecting the agricultural use and related
conservation values of the land by limiting incompat-
ible nonagricultural uses of the land.’’;
(2) by redesignating subsections (b) and (c) as
subsections (e) and (f), respectively;
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) TERMS
AND CONDITIONS
FOR COOPERATIVE
AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish
the terms and conditions of any cooperative agree-
ment entered into under this subchapter under which
the eligible entity shall use funds provided by the Sec-
retary.
‘‘(2) MINIMUM
REQUIREMENTS.—A cooperative
agreement shall, at a minimum—
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‘‘(A) specify the qualifications of the eligible
entity to carry out the responsibilities of the eli-
gible entity under the program, including acqui-
sition and management policies and procedures
that ensure the long-term integrity of the con-
servation easement protections;
‘‘(B) subject to subparagraph (C), identify a
specific project or a range of projects funded
under the agreement;
‘‘(C) allow, upon mutual agreement of the
parties, substitution of qualified projects that are
identified at the time of substitution;
‘‘(D) specify the manner in which the eligi-
ble entity will evaluate and report the use of
funds to the Secretary;
‘‘(E) allow the eligible entity flexibility to
use the terms and conditions of the eligible entity
for conservation easements and other purchases
of interests in land, except that—
‘‘(i) subject to clause (ii), each ease-
ment shall include a limitation on the total
quantity of impervious surface of not more
than—
‘‘(I) 20 percent of the first 10
acres;
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‘‘(II) 5 percent of the next 90
acres; and
‘‘(III) 1 percent of any additional
acres; and
‘‘(ii) the Secretary may waive a limi-
tation under clause (i) after a determina-
tion by the Secretary that the eligible entity
has in place a requirement that provides
substantially-similar protection consistent
with agricultural activities regarding the
impervious surfaces to be allowed for any
conservation easement or other interest in
land purchases using funds provided under
the program;
‘‘(F) require appraisals of acquired interests
in eligible land that comply with, at the option
of the eligible entity—
‘‘(i) the Uniform Standards of Profes-
sional Appraisal Practice; or
‘‘(ii) 
any 
other 
industry-approved
standard, as determined by the Secretary;
and
‘‘(G) allow as part of the share of the eligi-
ble entity of the cost to purchase a conservation
easement or other interest in eligible land de-
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scribed in subsection (a), that an eligible entity
may include a charitable donation or qualified
conservation contribution (as defined by section
170(h) of the Internal Revenue Code of 1986),
from the private landowner from which the con-
servation easement will be purchased.
‘‘(c) COST SHARING.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), the Secretary may provide a share of the
purchase price of a conservation easement or other in-
terest in land acquired by an eligible entity under the
program.
‘‘(2) MAXIMUM
AMOUNT
OF
FAIR
MARKET
VALUE.—The Secretary shall not pay more than 50
percent of the appraised fair market value of the ac-
quisition under this subsection.
‘‘(3) MINIMUM SHARE BY ELIGIBLE ENTITY.—
The eligible entity shall be required to provide a share
of the cost under this subsection in an amount that
is not less than the lesser of—
‘‘(A) 1⁄2 of the purchase price of the acquisi-
tion;
‘‘(B) if the landowner has made a donation
of 25 percent or less of the appraised fair market
value of the acquisition, an amount that, when
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combined with the donation, equals the amount
of the payment by the Secretary; or
‘‘(C) if the landowner has made a donation
of more than 25 percent of the appraised fair
market value of the acquisition, 1⁄3 of the pur-
chase price of the acquisition.
‘‘(d) PROTECTION OF FEDERAL INVESTMENT.—
‘‘(1) IN GENERAL.—The Secretary shall ensure
that the terms of an easement acquired by the eligible
entity provides protection for the Federal investment
through an executory limitation by the Federal Gov-
ernment.
‘‘(2) RELATIONSHIP TO FEDERAL ACQUISITION
OF REAL PROPERTY.—The inclusion of a Federal ex-
ecutory limitation described in paragraph (1) shall—
‘‘(A) not be considered the Federal acquisi-
tion of real property; and
‘‘(B) not trigger any Federal appraisal or
other real property requirements, including the
Federal standards and procedures for land ac-
quisition.’’; and
(4) in subsection (f) (as redesignated by para-
graph (2)), by striking ‘‘COST SHARING.—’’ and all
that follows through ‘‘BIDDING DOWN.—’’ and insert-
ing ‘‘BIDDING DOWN.—’’.
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Subchapter B—Grassland Reserve Program
SEC. 2381. GRASSLAND RESERVE PROGRAM.
Subchapter C of chapter 2 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.)
is amended to read as follows:
‘‘Subchapter C—Grassland Reserve Program
‘‘SEC. 1238N. DEFINITIONS.
‘‘In this subchapter:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means—
‘‘(A) any agency of any State or local gov-
ernment or an Indian tribe (including a farm-
land protection board or land resource council
established under State law); or
‘‘(B) any organization that—
‘‘(i) is organized for, and at all times
since the formation of the organization has
been operated principally for, 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) is an organization described in
section 501(c)(3) of that Code that is ex-
empt from taxation under section 501(a) of
that Code; and
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‘‘(iii) is—
‘‘(I) described in paragraph (1) or
(2) of section 509(a) of that Code; or
‘‘(II) 
described 
in 
section
509(a)(3), and is controlled by an or-
ganization 
described 
in 
section
509(a)(2), of that Code.
‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’
means private land that—
‘‘(A) is grassland, rangeland, land that con-
tains forbs, or shrub land (including improved
rangeland and pastureland) for which grazing is
the predominant use;
‘‘(B) is located in an area that has been his-
torically dominated by grassland, forbs, or shrub
land, and the land potentially could provide
habitat for animal or plant populations of sig-
nificant ecological value if the land—
‘‘(i) is retained in the current use of
the land;
‘‘(ii) is restored to a natural condition;
‘‘(iii) contains historical or archeo-
logical resources;
‘‘(iv) would further the goals and objec-
tives of State, regional, and national fish,
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and wildlife conservation plans and initia-
tives; or
‘‘(v) is incidental to land described in
clauses (i) through (iv), if the incidental
land is determined by the Secretary to be
necessary for the efficient administration of
an agreement or conservation easement.
‘‘(3) PERMANENT
CONSERVATION
EASEMENT.—
The term ‘permanent conservation easement’ means a
conservation easement that is—
‘‘(A) a permanent easement; or
‘‘(B) in a State that imposes a maximum
duration for easements, an easement for the max-
imum duration allowed under State law.
‘‘SEC. 1238O. GRASSLAND RESERVE PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
and carry out a grassland reserve program through which
the Secretary shall provide payments and technical assist-
ance to landowners to assist in restoring and conserving
eligible land described in section 1238N(2).
‘‘(b) ENROLLMENT OF LAND.—
‘‘(1) IN GENERAL.—The Secretary may enroll el-
igible land in the program through—
‘‘(A) an easement or contract described in
paragraph (2); or
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‘‘(B) a cooperative agreement with an eligi-
ble entity.
‘‘(2) OPTIONS.—Eligible land enrolled in the
program shall be subject to—
‘‘(A) a 30-year contract;
‘‘(B) a 30-year conservation easement; or
‘‘(C) a permanent conservation easement.
‘‘(3) ENROLLMENT OF CONSERVATION RESERVE
ACREAGE.—
‘‘(A) IN GENERAL.—Eligible land enrolled
in the conservation reserve program established
under subchapter B of chapter 1 may be enrolled
into permanent conservation easements under
this subchapter if—
‘‘(i) the Secretary determines that the
eligible land—
‘‘(I) is of high ecological value;
and
‘‘(II) would be under significant
threat of conversion to other uses if the
conservation reserve program contract
were terminated; and
‘‘(ii) the landowner agrees to the en-
rollment.
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‘‘(B) MAXIMUM ENROLLMENT.—The number
of acres of conservation reserve program land en-
rolled under this paragraph in a calendar year
shall not exceed the number of acres that could
be funded by 10 percent of the total amount of
funds available for this section for a fiscal year.
‘‘(C) PROHIBITION
ON
DUPLICATE
PAY-
MENTS.—Eligible land enrolled in the program
shall no longer be eligible for payments under the
conservation reserve program.
‘‘(c) RESTORATION
AGREEMENTS.—The Secretary
may enter into a restoration agreement with a landowner,
as determined appropriate by the Secretary.
‘‘(d) CONSERVATION EASEMENT TITLE.—The title
holder of a conservation easement obtained under this sub-
chapter may be—
‘‘(1) the Secretary; or
‘‘(2) an eligible entity.
‘‘SEC. 1238P. DUTIES.
‘‘(a) DUTIES OF LANDOWNERS.—
‘‘(1) IN GENERAL.—To become eligible to enroll
eligible land through the grant of a conservation ease-
ment, the landowner shall—
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‘‘(A) create and record an appropriate deed
restriction in accordance with applicable State
law;
‘‘(B) provide proof of clear title to the un-
derlying fee interest in the eligible land that is
subject of the conservation easement;
‘‘(C) provide a written statement of consent
to the easement signed by persons holding a secu-
rity interest or any vested interest in the land;
‘‘(D) grant the conservation easement to the
Secretary or an eligible entity; and
‘‘(E) comply with the terms of the conserva-
tion easement and any associated restoration
agreement.
‘‘(2) RESTORATION AGREEMENT.—If a restora-
tion agreement is required by the Secretary, the land-
owner shall develop and implement a restoration
plan.
‘‘(b) DUTIES OF SECRETARY.—
‘‘(1) EVALUATION OF OFFERS.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish criteria to evaluate and rank applica-
tions for easements and contracts under this sub-
chapter.
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‘‘(B) CONSIDERATIONS.—In establishing the
criteria, the Secretary shall emphasize support
for—
‘‘(i) grazing operations;
‘‘(ii) plant and animal biodiversity;
‘‘(iii) grassland, land that contains
forbs, and shrubland under the greatest
threat of conversion; and
‘‘(iv) other considerations, as deter-
mined by the Secretary.
‘‘(C) PRIORITY.—In evaluating offers under
this subchapter, the Secretary may give priority
to applications that—
‘‘(i) include a cash contribution from
the eligible entity submitting the applica-
tion; or
‘‘(ii) leverage resources from other
sources.
‘‘(2) COMPENSATION.—
‘‘(A) IN GENERAL.—
‘‘(i) EASEMENTS AND CONTRACTS.—In
return for the granting of an easement, the
Secretary shall provide to the landowner an
amount that is equal to—
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‘‘(I) in the case of a permanent
easement, the fair market value of the
land less the grazing value of the land
encumbered by the easement; and
‘‘(II) in the case of a 30-year
easement or 30-year contract, 30 per-
cent of the fair market value of the
land less the grazing value of the land
for the period during which the land is
encumbered by the easement.
‘‘(ii) RESTORATION AGREEMENTS.—In
making cost-share payments for restoration
agreements, the Secretary shall make pay-
ments to the landowner—
‘‘(I) in the case of a permanent
easement, in an amount that is not less
than 90, but not more than 100, per-
cent of the eligible costs; and
‘‘(II) in the case of a 30-year
easement or 30-year contract, in an
amount that is not less than 50, but
not more than 75, percent of the eligi-
ble costs.
‘‘(B) DELIVERY OF PAYMENTS.—
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‘‘(i) PAYMENT SCHEDULE.—Except as
otherwise provided in this subchapter, pay-
ments may be provided pursuant to an
easement, contract, or other agreement, in
not more than 30 annual payments, and in
an equal or unequal amounts, as agreed to
by the Secretary and the landowner.
‘‘(ii) PAYMENTS
TO
OTHERS.—If an
owner that is entitled to a payment under
this subchapter dies, becomes incompetent,
is otherwise unable to receive the payment,
or is succeeded by another person who ren-
ders or completes the required performance,
the Secretary shall make the payment, in
accordance with regulations promulgated by
the Secretary and without regard to any
other provision of law, in such manner as
the Secretary determines is fair and reason-
able after considering all the circumstances.
‘‘(3) TECHNICAL ASSISTANCE.—If a restoration
agreement is required by the Secretary, the Secretary
shall provide technical assistance to comply with the
terms and conditions of the restoration agreement.
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‘‘SEC. 1238Q. TERMS AND CONDITIONS.
‘‘(a) TERMS AND CONDITIONS OF EASEMENT OR CON-
TRACTS.—An easement or contract under this subchapter
shall—
‘‘(1) permit—
‘‘(A) common grazing practices, including
maintenance and necessary cultural practices, on
the land in a manner that is consistent with
maintaining the viability of grassland, forb, and
shrub species appropriate to that locality;
‘‘(B) haying, mowing, or harvesting for seed
production, subject to appropriate restrictions
during the nesting season for birds in the local
area that are in significant decline or are con-
served in accordance with Federal or State law,
as determined by the State Conservationist; and
‘‘(C) fire presuppression, rehabilitation, and
construction of fire breaks and fences (including
placement of the posts necessary for fences);
‘‘(2) prohibit—
‘‘(A) the production of crops (other than
hay), fruit trees, vineyards, or any other agricul-
tural commodity that is inconsistent with main-
taining grazing land; and
‘‘(B) except as permitted under a restora-
tion plan, the conduct of any other activity that
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would be inconsistent with maintaining grazing
land covered by the easement or agreement; and
‘‘(3) include such additional provisions as the
Secretary determines are appropriate to carry out or
facilitate the administration of this subchapter.
‘‘(b) TERMS
AND
CONDITIONS
OF
COOPERATIVE
AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish
the terms and conditions of any cooperative agree-
ment entered into under this subchapter under which
the eligible entity shall use funds provided by the Sec-
retary.
‘‘(2) MINIMUM
REQUIREMENTS.—A cooperative
agreement shall, at a minimum—
‘‘(A) specify the qualification of the eligible
entity to carry out the responsibilities of the eli-
gible entity under the program, including acqui-
sition, monitoring, enforcement, and manage-
ment policies and procedures that ensure the
long-term integrity of the conservation easement
protections;
‘‘(B) subject to subparagraph (C), identify a
specific project or a range of projects funded
under the agreement;
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‘‘(C) allow, upon mutual agreement of the
parties, substitution of qualified projects that are
identified at the time of substitution;
‘‘(D) specify the manner in which the eligi-
ble entity will evaluate and report the use of
funds to the Secretary;
‘‘(E) allow the eligible entity flexibility to
develop and use terms and conditions for con-
servation easements and other purchases of inter-
est in eligible land, if the Secretary finds the
terms and conditions consistent with the pur-
poses of the program and adequate to achieve
and permit effective enforcement of the conserva-
tion purposes of the conservation easements or
other interests;
‘‘(F) require appraisals of acquired interests
in eligible land that comply with a method ap-
proved by industry;
‘‘(G) if applicable, allow as part of the
share of the eligible entity of the cost to purchase
a conservation easement or other interest in eli-
gible land described in section 1238O(b), that an
eligible entity may include a charitable donation
or qualified conservation contribution (as defined
by section 170(h) of the Internal Revenue Code