‘‘(G) Federal programs, policies and ac-
tions affecting or supporting agricultural land 
availability; and 
‘‘(4) explore ways by which the Federal Govern-
ment can encourage retention of the Nation’s agri-
cultural land base at the Federal, State, and local 
level. 
‘‘(c) The Commission shall be composed of the fol-
lowing: 
‘‘(1) Six members from the House Committee 
on Agriculture or their designee. 
‘‘(2) Six members from the Senate Committee 
on Agriculture, Nutrition and Forestry or their des-
ignee. 
‘‘(3) Eleven members appointed by the Presi-
dent, including the Secretary of Agriculture, who 
shall act as Chair. These members shall be rep-
resentative of local and State governments, aca-
demia, nonprofit conservation organizations, and 
farm, forest and ranch interests. 
‘‘(d) No later than 18 months from the date of enact-
ment, the Commission shall submit an interim report to 
the President and to Congress containing its analysis of 
existing data and the need for any additional information. 
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‘‘(e) No later than 36 months from the date of enact-
ment, the Commission shall submit a final report to the 
President and to Congress with its findings and rec-
ommendations. 
‘‘(f) There are authorized to be appropriated for the 
purpose of funding the Commission $1,000,000 annually 
for fiscal years 2009, 2010 and 2011. 
‘‘(g) The Commission shall terminate on September 
30, 2011.’’. 
SEC. 211. DEBT FOR AGRICULTURAL EASEMENTS. 
Subchapter B of chapter 2 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3841 et seq.) 
is amended by renumbering section 1238J to be 1238K 
and adding after section 1238I the following new section: 
‘‘SEC. 1238J. DEBT FOR AGRICULTURAL EASEMENTS PRO-
GRAM. 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘governmental entity’ means any 
agency of the United States, a State, or a unit of 
local government of a State. 
‘‘(2) The terms ‘highly erodible land’ and ‘wet-
land’ have the meanings, respectively, that such 
terms are given in section 1201 of the Food Security 
Act of 1985. 
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‘‘(3) The term ‘wildlife’ means fish or wildlife 
as defined in section 2(a) of the Lace Act Amend-
ments of 1981 (16 U.S.C. 3371(a)). 
‘‘(4) The term ‘recreational purposes’ includes 
hunting. 
‘‘(5) The term ‘conservation purposes’ shall 
mean the permanent protection of agricultural land 
for continued agricultural use. 
‘‘(b) CONTRACTS
ON
LOAN
SECURITY
PROP-
ERTIES.—Subject to subsection (c) of this section— 
‘‘(1) the Secretary may enter into a contract re-
lated to real property for conservation, recreation, or 
wildlife purposes; 
‘‘(2) the Secretary shall offer to enter into a 
contract related to real property for conservation 
purposes if— 
‘‘(A) such property secures any delinquent 
loan made under any law administered by the 
Secretary and held by the Secretary; 
‘‘(B) such property includes 50 percent or 
greater prime or unique farmland or farmland 
of statewide importance, as determined by the 
Secretary; and 
‘‘(C) such property is reasonably likely to 
be developed for non-agricultural purposes in 
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the absence of such a contract, as determined 
by the Secretary. 
‘‘(c) LIMITATIONS.—The Secretary may enter into a 
contract under subsection (b) of this section if— 
‘‘(1) such property is prime or unique farmland, 
farmland of statewide importance, wetland, upland, 
or highly erodible land; 
‘‘(2) such property is determined by the Sec-
retary to be suitable for the purposes involved; and 
‘‘(3)(A) such property secures any loan made 
under any law administered by the Secretary and 
held by the Secretary; and 
‘‘(B) such contract better enables a qualified 
borrower to repay the loan in a timely manner, as 
determined by the Secretary. 
‘‘(d) TERMS AND CONDITIONS.—The terms and con-
ditions specified in each such contract shall— 
‘‘(1) specify the purposes for which such real 
property may be used; 
‘‘(2) identify the conservation measures to be 
taken, and the agricultural, recreational and/or wild-
life uses to be allowed, with respect to such real 
property; and 
‘‘(3) require such owner to permit the Sec-
retary, and any person or governmental entity des-
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ignated by the Secretary, to have access to such real 
property for the purpose of monitoring and enforc-
ing compliance with such contract. 
‘‘(e) PURCHASE; LIMITATION UPON CANCELLATION 
OR PREPAYMENT.— 
‘‘(1) Subject to paragraph (2), the Secretary 
may reduce or forgive the outstanding debt of a bor-
rower— 
‘‘(A) in the case of a borrower to whom the 
Secretary has made one or more outstanding 
loans under laws administered by the Secretary, 
by canceling that part of the aggregate amount 
of such outstanding loans that bears the same 
ratio to such aggregate amount as the number 
of acres of the real property of the borrower 
that are subject to the contract bears to the ag-
gregate number of acres securing such loans; or 
‘‘(B) in any other case, by treating as pre-
paid that part of the principal amount of a new 
loan to the borrower issued and held by the 
Secretary under a law administered by the Sec-
retary that bears the same ratio to such prin-
cipal amount as the number of acres of the real 
property of the borrower that are subject to the 
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contract bears to the aggregate number of acres 
securing the new loan. 
‘‘(2) The amount so canceled or treated as pre-
paid pursuant to paragraph (1) shall not exceed— 
‘‘(A) in the case of a delinquent loan, the 
value of the land on which the contract is en-
tered into or the difference between the amount 
of the outstanding loan secured by the land and 
the value of the land, whichever is greater; 
‘‘(B) in the case of a nondelinquent loan, 
33 percent of the amount of the loan secured 
by the land; or 
‘‘(C) for any loan, the difference between 
the fair market value of the land on which the 
contract is entered into as reduced by the terms 
of the contract and the fair market value of 
such land unrestricted by the contract. 
‘‘(f) CONSULTATIONS WITH FISH
AND WILDLIFE 
SERVICE.—If the Secretary elects to use the authority 
provided by this section to enter into contracts for recre-
ation or wildlife purposes, the Secretary shall consult with 
the Secretary of the Interior for purposes of— 
‘‘(1) selecting real property in which the Sec-
retary may enter into contracts for recreation or 
wildlife purposes under this section; 
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