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‘‘(A) ESTABLISHMENT.—The Secretary, act-
ing through the Administrator of the Animal
and Plant Health Inspection Service (referred to
in this section as the ‘Secretary’), shall establish
a threat identification and mitigation program
to determine and prioritize foreign threats to the
domestic production of crops.
‘‘(B) REQUIREMENTS.—In conducting the
program established under subparagraph (A), the
Secretary shall—
‘‘(i) consult with the Director of the
Center for Plant Health Science and Tech-
nology;
‘‘(ii) conduct, in partnership with
States, early plant pest detection and sur-
veillance activities;
‘‘(iii) develop risk assessments of the
potential threat to the agricultural industry
of the United States from foreign sources;
‘‘(iv) collaborate with the National
Plant Board on the matters described in
subparagraph (C);
‘‘(v) implement action plans developed
under subparagraph (C)(ii)(I) immediately
after development of the action plans—
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‘‘(I) to test the effectiveness of the
action plans; and
‘‘(II) to assist in preventing the
introduction and widespread dissemi-
nation of new foreign and domestic
plant pest and disease threats in the
United States; and
‘‘(vi) as appropriate, consult with, and
use the expertise of, the Administrator of the
Agricultural Research Service in the devel-
opment of plant pest and disease detection,
control, and eradication strategies.
‘‘(C) MATTERS
DESCRIBED.—The matters
described in this subparagraph are—
‘‘(i) 
the 
prioritization 
of 
foreign
threats to the agricultural industry; and
‘‘(ii) the development, in consultation
with State departments of agriculture and
other State or regional resource partner-
ships, of—
‘‘(I) action plans that effectively
address the foreign threats, including
pathway analysis, offshore mitigation
measures, and comprehensive exclusion
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measures at ports of entry and other
key distribution centers; and
‘‘(II) strategies to employ if a for-
eign plant pest or disease is intro-
duced;
‘‘(D) REPORTS.—Not later than 1 year
after the date of enactment of this paragraph,
and annually thereafter, the Secretary shall up-
date and submit to Congress the priority list and
action plans described in subparagraph (C), in-
cluding an accounting of funds expended on the
action plans.
‘‘(4) SPECIALTY CROP CERTIFICATION AND RISK
MANAGEMENT SYSTEMS.—The Secretary shall provide
funds and technical assistance to specialty crop grow-
ers, organizations representing specialty crop growers,
and State and local agencies working with specialty
crop growers and organizations for the development
and implementation of—
‘‘(A) audit-based certification systems, such
as best management practices—
‘‘(i) to address plant pests; and
‘‘(ii) to mitigate the risk of plant pests
in the movement of plants and plant prod-
ucts; and
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‘‘(B) nursery plant pest risk management
systems, in collaboration with the nursery indus-
try, research institutions, and other appropriate
entities—
‘‘(i) to enable growers to identify and
prioritize nursery plant pests and diseases
of regulatory significance;
‘‘(ii) to prevent the introduction, estab-
lishment, and spread of those plant pests
and diseases; and
‘‘(iii) to reduce the risk of, mitigate,
and eradicate those plant pests and dis-
eases.
‘‘(5) FUNDING.—The Secretary shall use from the
Trust Fund to carry out this subsection—
‘‘(A) $10,000,000 for fiscal year 2008;
‘‘(B) $25,000,000 for fiscal year 2009;
‘‘(C) $40,000,000 for fiscal year 2010;
‘‘(D) $50,000,000 for fiscal year 2011; and
‘‘(E) $64,000,000 for fiscal year 2012.
‘‘(g) RISK MANAGEMENT PURCHASE REQUIREMENT.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this subsection, the eligible producers on a farm
shall not be eligible for assistance under this section
with respect to losses to an insurable commodity or
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noninsurable commodity if the eligible producers on
the farm—
‘‘(A) in the case of an insurable commodity,
did not obtain a policy or plan of insurance for
the insurable commodity under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) (excluding
a crop insurance pilot program under that Act)
for the crop incurring the losses; or
‘‘(B) in the case of a noninsurable com-
modity, did not file the required paperwork, and
pay the administrative fee by the applicable
State filing deadline, for the noninsurable com-
modity under the noninsured crop assistance
program for the crop incurring the losses.
‘‘(2) MINIMUM.—To be considered to have ob-
tained insurance under paragraph (1), an eligible
producer on a farm shall have obtained a policy or
plan of insurance with not less than 50 percent yield
coverage at 55 percent of the insurable price for each
crop grazed, planted, or intended to be planted for
harvest on a whole farm.
‘‘(3) WAIVER.—With respect to eligible producers
that are limited resource, minority, or beginning
farmers or ranchers, as determined by the Secretary,
the Secretary may—
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‘‘(A) waive paragraph (1); and
‘‘(B) provide disaster assistance under this
section at a level that the Secretary determines
to be equitable and appropriate.
‘‘(4) EQUITABLE RELIEF.—The Secretary may
provide equitable relief to eligible producers on a farm
that unintentionally fail to meet the requirements of
paragraph (1) for 1 or more crops on a farm on a
case-by-case basis, as determined by the Secretary.
‘‘(h) SUPPLEMENTAL BUY-UP NONINSURED ASSIST-
ANCE PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish
a program under which eligible producers on a farm
may purchase under the noninsured crop assistance
program additional yield and price coverage for a
crop, including a forage, hay, or honey crop, of—
‘‘(A) 60 or 65 percent (as elected by the pro-
ducers on the farm) of the yield established for
the crop under the program; and
‘‘(B) 100 percent of the price established for
the crop under the program.
‘‘(2) FEES.—The Secretary shall establish and
collect fees from eligible producers on a farm partici-
pating in the program established under paragraph
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(1) to offset all of the costs of the program, as deter-
mined by the Secretary.
‘‘(i) PAYMENT LIMITATIONS.—
‘‘(1) IN GENERAL.—The total amount of disaster
assistance that an eligible producer on a farm may
receive under this section may not exceed $100,000.
‘‘(2) AGI LIMITATION.—Section 1001D of the
Food Security Act of 1985 (7 U.S.C. 1308–3a or any
successor provision) shall apply with respect to assist-
ance provided under this section.
‘‘(j) PERIOD OF EFFECTIVENESS.—This section shall
be effective only for losses that are incurred as the result
of a disaster, adverse weather, or other environmental con-
dition that occurs on or before September 30, 2012, as deter-
mined by the Secretary.
‘‘(k) NO DUPLICATIVE PAYMENTS.—In implementing
any other program which makes disaster assistance pay-
ments (except for indemnities made under the Federal Crop
Insurance Act and section 196 of the Federal Agriculture
Improvement and Reform Act of 1996), the Secretary shall
prevent duplicative payments with respect to the same loss
for which a person receives a payment under subsections
(b), (c), (d), or (e).
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‘‘SEC. 902. AGRICULTURE DISASTER RELIEF TRUST FUND.
‘‘(a) CREATION OF TRUST FUND.—There is established
in the Treasury of the United States a trust fund to be
known as the ‘Agriculture Disaster Relief Trust Fund’, con-
sisting of such amounts as may be appropriated or credited
to such Trust Fund as provided in this section.
‘‘(b) TRANSFER TO TRUST FUND.—
‘‘(1) IN GENERAL.—There are appropriated to
the Agriculture Disaster Relief Trust Fund amounts
equivalent to 3.34 percent of the amounts received in
the general fund of the Treasury of the United States
during fiscal years 2008 through 2012 attributable to
the duties collected on articles entered, or withdrawn
from warehouse, for consumption under the Har-
monized Tariff Schedule of the United States.
‘‘(2) AMOUNTS
BASED
ON
ESTIMATES.—The
amounts appropriated under this section shall be
transferred at least monthly from the general fund of
the Treasury of the United States to the Agriculture
Disaster Relief Trust Fund on the basis of estimates
made by the Secretary of the Treasury. Proper adjust-
ments shall be made in the amounts subsequently
transferred to the extent prior estimates were in excess
of or less than the amounts required to be transferred.
‘‘(c) ADMINISTRATION.—
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‘‘(1) REPORTS.—The Secretary of the Treasury
shall be the trustee of the Agriculture Disaster Relief
Trust Fund and shall submit an annual report to
Congress each year on the financial condition and the
results of the operations of such Trust Fund during
the preceding fiscal year and on its expected condi-
tion and operations during the 5 fiscal years suc-
ceeding such fiscal year. Such report shall be printed
as a House document of the session of Congress to
which the report is made.
‘‘(2) INVESTMENT.—
‘‘(A) IN
GENERAL.—The Secretary of the
Treasury shall invest such portion of the Agri-
culture Disaster Relief Trust Fund as is not in
his judgment required to meet current with-
drawals. Such investments may be made only in
interest bearing obligations of the United States.
For such purpose, such obligations may be
acquired—
‘‘(i) on original issue at the issue
price, or
‘‘(ii) by purchase of outstanding obli-
gations at the market price.
‘‘(B) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the Agriculture Disaster Relief
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Trust Fund may be sold by the Secretary of the
Treasury at the market price.
‘‘(C) INTEREST ON CERTAIN PROCEEDS.—
The interest on, and the proceeds from the sale
or redemption of, any obligations held in the Ag-
riculture Disaster Relief Trust Fund shall be
credited to and form a part of such Trust Fund.
‘‘(d) EXPENDITURES FROM TRUST FUND.—Amounts
in the Agriculture Disaster Relief Trust Fund shall be
available for the purposes of making expenditures to meet
those obligations of the United States incurred under section
901.
‘‘(e) AUTHORITY TO BORROW.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated, and are appropriated, to the Agri-
culture Disaster Relief Trust Fund, as repayable ad-
vances, such sums as may be necessary to carry out
the purposes of such Trust Fund.
‘‘(2) REPAYMENT OF ADVANCES.—
‘‘(A) IN GENERAL.—Advances made to the
Agriculture Disaster Relief Trust Fund shall be
repaid, and interest on such advances shall be
paid, to the general fund of the Treasury when
the Secretary determines that moneys are avail-
able for such purposes in such Trust Fund.
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‘‘(B) RATE OF INTEREST.—Interest on ad-
vances made pursuant to this subsection shall
be—
‘‘(i) at a rate determined by the Sec-
retary of the Treasury (as of the close of the
calendar month preceding the month in
which the advance is made) to be equal to
the current average market yield on out-
standing marketable obligations of the
United States with remaining periods to
maturity comparable to the anticipated pe-
riod during which the advance will be out-
standing, and
‘‘(ii) compounded annually.’’.
(b) TECHNICAL PROVISIONS RELATING TO THE PLANT
PROTECTION ACT.—
(1) Section 442(c) of the Plant Protection Act (7
U.S.C. 7772(c)) is amended by striking ‘‘of longer
than 60 days’’.
(2) Congress disapproves the rule submitted by
the Secretary of Agriculture relating to cost-sharing
for animal and plant health emergency programs (68
Fed. Reg. 40541 (2003)), and such rule shall have no
force or effect.
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Subtitle B—Conservation
Provisions
PART I—LAND AND SPECIES PRESERVATION
PROVISIONS
SEC. 12201. CONSERVATION RESERVE TAX CREDIT.
(a) ALLOWANCE OF CREDIT.—
(1) IN GENERAL.—Subpart B of part IV of sub-
chapter A of chapter 1 is amended by adding at the
end the following new section:
‘‘SEC. 30D. CONSERVATION RESERVE CREDIT.
‘‘(a) IN GENERAL.—There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to the rental value of any land enrolled
in the conservation reserve program.
‘‘(b) LIMITATIONS.—
‘‘(1) LIMITATION BASED ON AMOUNT OF TAX.—
The credit allowed under this section for any taxable
year shall not exceed the excess of—
‘‘(A) the regular tax liability for the taxable
year reduced by the sum of the credits allowable
under subpart A and sections 27, 30, 30B, and
30C, over
‘‘(B) the tentative minimum tax for the tax-
able year.
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‘‘(2) LIMITATION BASED ON ALLOCATED PORTION
OF NATIONAL LIMITATION.—The credit allowed under
subsection (a) for any taxpayer for any taxable year
shall not exceed the excess of—
‘‘(A) the amount of the national credit limi-
tation allocated to such taxpayer under sub-
section (c) for the fiscal year in which such tax-
able year ends and all prior fiscal years, over
‘‘(B) the credit allowed under subsection (a)
for all prior taxable years.
‘‘(c) CONSERVATION RESERVE CREDIT LIMITATION.—
‘‘(1) IN GENERAL.—There is a conservation re-
serve credit limitation for each fiscal year of the
United States. Such limitation is—
‘‘(A) $750,000,000 for each of fiscal years
2009 through 2012, and
‘‘(B) zero thereafter.
‘‘(2) ALLOCATION.—
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of Agriculture, shall
allocate the conservation reserve credit limitation
to taxpayers—
‘‘(i) who are owners or operators of
land enrolled in the conservation reserve
program, and
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‘‘(ii) who have made an election under
section 1234(c)(6) of the Food Security Act
of 1985 to receive an allocation under this
paragraph in lieu of a rental payment for
such year under 1233(2) of such Act.
‘‘(B) ALLOCATION
LIMITATION.—The Sec-
retary may not allocate more than $50,000 to
any 1 taxpayer for any fiscal year.
‘‘(3) CARRYFORWARD OF LIMITATION.—
‘‘(A) IN GENERAL.—If for any fiscal year
the limitation under paragraph (1) (after the
application of this paragraph) exceeds the
amount allocated to all eligible taxpayers for
such fiscal year, the limitation amount for the
following fiscal year shall be increased by the
amount of such excess.
‘‘(B) SPECIAL
RULE
FOR
2012.—Notwith-
standing subparagraph (A), no amount of the
conservation reserve credit limitation may be
carried to any fiscal year following fiscal year
2012.
‘‘(d) CARRYFORWARD.—If the amount of the credit al-
lowable under subsection (a) for any taxpayer for any tax-
able year (determined without regard to subsection (b)(1))
exceeds the limitation under subsection (b)(1), such excess
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may be carried forward to the succeeding taxable year and
added to the credit allowable under subsection (a) for such
succeeding taxable year.
‘‘(e) OTHER DEFINITIONS AND SPECIAL RULES.—For
purposes of this section—
‘‘(1) CONSERVATION
RESERVE
PROGRAM.—For
purposes of this subsection, the term ‘conservation re-
serve program’ means the conservation reserve pro-
gram established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security Act of
1985.
‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc-
tion or other credit shall be allowed under this chap-
ter for any amount with respect to which a credit is
allowed under subsection (a).
‘‘(3) RECAPTURE
OF
ALLOCATION.—If a tax-
payer terminates a contract under the conservation
reserve program before the end of the fiscal year with
respect to which an allocation under subsection (c)(2)
is made, the Secretary shall recapture the amount of
the credit allowed under this section which bears the
same ratio to the amount so allocated as the number
of days in the fiscal year during which the contract
was not in effect bears to 365.
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‘‘(4) TREATMENT OF CREDIT UNDER INCOME TAX
AND SELF-EMPLOYMENT INCOME TAX.—For purposes
of this chapter and chapter 2, the amount of any
credit received under this section shall not be treated
as income.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subpart B of part IV of subchapter A of
chapter 1 is amended by inserting after the item re-
lating to section 30C the following new item:
‘‘Sec. 30D. Conservation reserve credit.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to taxable years ending
after the date of the enactment of this Act.
(b) CONFORMING AMENDMENTS TO THE FOOD SECU-
RITY ACT OF 1985.—
(1) ELECTION TO RECEIVE TAX CREDITS IN LIEU
OF PAYMENTS.—Section 1234(c) of the Food Security
Act of 1985 (16 U.S.C. 3834(c)), as amended by this
Act, is amended by adding at the end the following
new paragraph:
‘‘(6) ELECTION
TO
RECEIVE
TAX
CREDITS
IN
LIEU OF PAYMENTS.—
‘‘(A) IN GENERAL.—In lieu of an annual
rental payment for any year, an owner or oper-
ator with land enrolled under the program estab-
lished under this subchapter may elect to receive
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for such year an allocation of tax credits under
section 30D(c)(2) of the Internal Revenue Code
of 1986.
‘‘(B) ELECTION.—Any election under this
paragraph shall be made in such form and at
such time as the Secretary shall prescribe and
shall apply to all contracts of the owner or oper-
ator under this subchapter.
‘‘(C) LIMITATION.—Any election under this
paragraph shall not apply with respect to pay-
ments under the emergency forestry conservation
reserve program under section 1231(k).’’.
(2) PAYMENT
LIMITATION.—Paragraph (1) of
section 1234(e) of such Act (16 U.S.C. 3834(e)(1)) is
amended by inserting ‘‘and allocations of tax credits
under section 30D(c)(2) of the Internal Revenue Code
of 1986’’ after ‘‘in-kind commodities’’.
SEC. 12202. EXCLUSION OF CONSERVATION RESERVE PRO-
GRAM PAYMENTS FROM SECA TAX FOR CER-
TAIN INDIVIDUALS.
(a) INTERNAL REVENUE CODE.—Section 1402(a)(1)
(defining net earnings from self-employment) is amended
by inserting ‘‘, and including payments under section
1233(2) of the Food Security Act of 1985 (16 U.S.C.
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3833(2)) to individuals receiving benefits under section 202
or 223 of the Social Security Act’’ after ‘‘crop shares’’.
(b) SOCIAL SECURITY ACT.—Section 211(a)(1) of the
Social Security Act is amended by inserting ‘‘, and includ-
ing payments under section 1233(2) of the Food Security
Act of 1985 (16 U.S.C. 3833(2)) to individuals receiving
benefits under section 202 or 223’’ after ‘‘crop shares’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to payments made before, on, or after
the date of the enactment of this Act.
SEC. 12203. PERMANENT EXTENSION OF SPECIAL RULE EN-
COURAGING CONTRIBUTIONS OF CAPITAL
GAIN REAL PROPERTY FOR CONSERVATION
PURPOSES.
(a) IN GENERAL.—
(1) INDIVIDUALS.—Subparagraph (E) of section
170(b)(1) (relating to contributions of qualified con-
servation contributions) is amended by striking clause
(vi).
(2) CORPORATIONS.—Subparagraph (B) of sec-
tion 170(b)(2) (relating to qualified conservation con-
tributions by certain corporate farmers and ranchers)
is amended by striking clause (iii).
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(b) EFFECTIVE DATE.—The amendments made by this
section shall apply to contributions made in taxable years
beginning after December 31, 2007.
SEC. 12204. TAX CREDIT FOR RECOVERY AND RESTORATION
OF ENDANGERED SPECIES.
(a) IN GENERAL.—Subpart B of part IV of subchapter
A of chapter 1, as amended by this Act, is amended by add-
ing at the end the following new section:
‘‘SEC. 30E. ENDANGERED SPECIES RECOVERY AND RES-
TORATION CREDIT.
‘‘(a) IN GENERAL.—In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed
by this chapter for the taxable year an amount equal to
the sum of—
‘‘(1) the habitat protection easement credit, plus
‘‘(2) the habitat restoration credit.
‘‘(b) LIMITATION.—
‘‘(1) IN
GENERAL.—The credit allowed under
subsection (a) for any taxpayer for any taxable year
shall not exceed the endangered species recovery credit
limitation allocated to the eligible taxpayer under
subsection (f) for the calendar year in which the tax-
payer’s taxable year ends.
‘‘(2) CARRYFORWARDS.—
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‘‘(A) IN GENERAL.—If the amount of the
credit allowable under subsection (a) for any
taxpayer for any taxable year (determined with-
out regard to paragraph (1)) exceeds the endan-
gered species recovery credit limitation allocated
under subsection (f) to such taxpayer for the cal-
endar year in which the taxpayer’s taxable year
ends, such excess may be carried forward to the
next taxable year for which an allocation is
made to such taxpayer under subsection (f). Any
amount carried to another taxable year under
this subparagraph shall be treated as added to
the credit allowable under subsection (a)(1) or
(a)(2), whichever is appropriate, for such taxable
year.
‘‘(B) 
CARRYFORWARD
OF
ALLOCATION
AMOUNT.—If the amount of the endangered spe-
cies recovery credit limitation allocated to a tax-
payer for any calendar year under subsection (f)
exceeds the amount of the credit allowed to the
taxpayer under subsection (a) for the taxable
year ending in such calendar year, such excess
may be carried forward to the next taxable year
of the taxpayer. Any amount carried to another
taxable year under this subparagraph shall be