359 
HR 6124 PCS
‘‘(f) ALLOCATION OF FUNDING.—For each of fiscal 
years 2002 through 2012, 60 percent of the funds made 
available for payments under the program shall be tar-
geted at practices relating to livestock production. 
‘‘(g) FUNDING FOR FEDERALLY RECOGNIZED NA-
TIVE AMERICAN INDIAN TRIBES AND ALASKA NATIVE 
CORPORATIONS.—The Secretary may enter into alter-
native funding arrangements with federally recognized 
Native American Indian Tribes and Alaska Native Cor-
porations (including their affiliated membership organiza-
tions) if the Secretary determines that the goals and objec-
tives of the program will be met by such arrangements, 
and that statutory limitations regarding contracts with in-
dividual producers will not be exceeded by any Tribal or 
Native Corporation member. 
‘‘(h) WATER CONSERVATION OR IRRIGATION EFFI-
CIENCY PRACTICE.— 
‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec-
retary may provide payments under this subsection 
to a producer for a water conservation or irrigation 
practice. 
‘‘(2) PRIORITY.—In providing payments to a 
producer for a water conservation or irrigation prac-
tice, the Secretary shall give priority to applications 
in which— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00359
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
360 
HR 6124 PCS
‘‘(A) consistent with the law of the State 
in which the eligible land of the producer is lo-
cated, there is a reduction in water use in the 
operation of the producer; or 
‘‘(B) the producer agrees not to use any 
associated water savings to bring new land, 
other than incidental land needed for efficient 
operations, under irrigated production, unless 
the producer is participating in a watershed- 
wide project that will effectively conserve water, 
as determined by the Secretary. 
‘‘(i) PAYMENTS FOR CONSERVATION PRACTICES RE-
LATED TO ORGANIC PRODUCTION.— 
‘‘(1) PAYMENTS AUTHORIZED.—The Secretary 
shall provide payments under this subsection for 
conservation practices, on some or all of the oper-
ations of a producer, related— 
‘‘(A) to organic production; and 
‘‘(B) to the transition to organic produc-
tion. 
‘‘(2) ELIGIBILITY REQUIREMENTS.—As a condi-
tion for receiving payments under this subsection, a 
producer shall agree— 
‘‘(A) to develop and carry out an organic 
system plan; or 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00360
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
361 
HR 6124 PCS
‘‘(B) to develop and implement conserva-
tion practices for certified organic production 
that are consistent with an organic system plan 
and the purposes of this chapter. 
‘‘(3) PAYMENT LIMITATIONS.—Payments under 
this subsection to a person or legal entity, directly 
or indirectly, may not exceed, in the aggregate, 
$20,000 per year or $80,000 during any 6-year pe-
riod. In applying these limitations, the Secretary 
shall not take into account payments received for 
technical assistance. 
‘‘(4) EXCLUSION
OF
CERTAIN
ORGANIC
CER-
TIFICATION
COSTS.—Payments may not be made 
under this subsection to cover the costs associated 
with organic certification that are eligible for cost- 
share payments under section 10606 of the Farm 
Security and Rural Investment Act of 2002 (7 
U.S.C. 6523). 
‘‘(5) TERMINATION OF CONTRACTS.—The Sec-
retary may cancel or otherwise nullify a contract to 
provide payments under this subsection if the Sec-
retary determines that the producer— 
‘‘(A) is not pursuing organic certification; 
or 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00361
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
362 
HR 6124 PCS
‘‘(B) is not in compliance with the Organic 
Foods Production Act of 1990 (7 U.S.C. 6501 
et seq).’’. 
SEC. 2504. EVALUATION OF APPLICATIONS. 
Section 1240C of the Food Security Act of 1985 (16 
U.S.C. 3839aa–3) is amended to read as follows: 
‘‘SEC. 1240C. EVALUATION OF APPLICATIONS. 
‘‘(a) EVALUATION CRITERIA.—The Secretary shall 
develop criteria for evaluating applications that will ensure 
that national, State, and local conservation priorities are 
effectively addressed. 
‘‘(b) PRIORITIZATION OF APPLICATIONS.—In evalu-
ating applications under this chapter, the Secretary shall 
prioritize applications— 
‘‘(1) based on their overall level of cost-effec-
tiveness to ensure that the conservation practices 
and approaches proposed are the most efficient 
means of achieving the anticipated environmental 
benefits of the project; 
‘‘(2) based on how effectively and comprehen-
sively the project addresses the designated resource 
concern or resource concerns; 
‘‘(3) that best fulfill the purpose of the environ-
mental quality incentives program specified in sec-
tion 1240(1); and 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00362
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
363 
HR 6124 PCS
‘‘(4) that improve conservation practices or sys-
tems in place on the operation at the time the con-
tract offer is accepted or that will complete a con-
servation system. 
‘‘(c) GROUPING OF APPLICATIONS.—To the greatest 
extent practicable, the Secretary shall group applications 
of similar crop or livestock operations for evaluation pur-
poses or otherwise evaluate applications relative to other 
applications for similar farming operations.’’. 
SEC. 2505. DUTIES OF PRODUCERS UNDER ENVIRON-
MENTAL QUALITY INCENTIVES PROGRAM. 
Section 1240D of the Food Security Act of 1985 (16 
U.S.C. 3839aa–4) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘technical assistance, cost-share payments, 
or incentive’’; 
(2) in paragraph (2), by striking ‘‘farm or 
ranch’’ and inserting ‘‘farm, ranch, or forest land’’; 
and 
(3) in paragraph (4), by striking ‘‘cost-share 
payments and incentive’’. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00363
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
364 
HR 6124 PCS
SEC. 2506. ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM PLAN. 
(a) PLAN OF OPERATIONS.—Section 1240E(a) of the 
Food Security Act of 1985 (16 U.S.C. 3839aa–5(a)) is 
amended— 
(1) in the subsection heading, by striking ‘‘IN 
GENERAL’’ and inserting ‘‘PLAN OF OPERATIONS’’; 
(2) in matter preceding paragraph (1), by strik-
ing ‘‘cost-share payments or incentive’’; 
(3) in paragraph (2), by striking ‘‘and’’ after 
the semicolon at the end; 
(4) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(5) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of forest land, is consistent 
with the provisions of a forest management plan 
that is approved by the Secretary, which may in-
clude— 
‘‘(A) a forest stewardship plan described in 
section 5 of the Cooperative Forestry Assist-
ance 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.’’. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00364
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
365 
HR 6124 PCS
(b) AVOIDANCE OF DUPLICATION.—Subsection (b) of 
section 1240E of the Food Security Act of 1985 (16 
U.S.C. 3839aa–5) is amended to read as follows: 
‘‘(b) AVOIDANCE OF DUPLICATION.—The Secretary 
shall— 
‘‘(1) consider a plan developed in order to ac-
quire a permit under a water or air quality regu-
latory program as the equivalent of a plan of oper-
ations under subsection (a), if the plan contains ele-
ments equivalent to those elements required by a 
plan of operations; and 
‘‘(2) to the maximum extent practicable, elimi-
nate duplication of planning activities under the pro-
gram under this chapter and comparable conserva-
tion programs.’’. 
SEC. 2507. DUTIES OF THE SECRETARY. 
Section 1240F(1) of the Food Security Act of 1985 
(16 U.S.C. 3839aa–6(1)) is amended by striking ‘‘cost- 
share payments or incentive’’. 
SEC. 2508. LIMITATION ON ENVIRONMENTAL QUALITY IN-
CENTIVES PROGRAM PAYMENTS. 
Section 1240G of the Food Security Act of 1985 (16 
U.S.C. 3839aa–7) is amended— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00365
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
366 
HR 6124 PCS
(1) by striking ‘‘An individual or entity’’ and 
inserting ‘‘(a) LIMITATION.—Subject to subsection 
(b), a person or legal entity’’; 
(2) by striking ‘‘$450,000’’ and inserting 
‘‘$300,000’’; 
(3) by striking ‘‘the individual’’ both places it 
appears and inserting ‘‘the person’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(b) WAIVER AUTHORITY.—In the case of contracts 
under this chapter for projects of special environmental 
significance (including projects involving methane digest-
ers), as determined by the Secretary, the Secretary may— 
‘‘(1) waive the limitation otherwise applicable 
under subsection (a); and 
‘‘(2) raise the limitation to not more than 
$450,000 during any six-year period.’’. 
SEC. 2509. CONSERVATION INNOVATION GRANTS AND PAY-
MENTS. 
Section 1240H of the Food Security Act of 1985 (16 
U.S.C. 3839aa–8) is amended to read as follows: 
‘‘SEC. 1240H. CONSERVATION INNOVATION GRANTS AND 
PAYMENTS. 
‘‘(a) COMPETITIVE GRANTS FOR INNOVATIVE CON-
SERVATION APPROACHES.— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00366
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
367 
HR 6124 PCS
‘‘(1) GRANTS.—Out of the funds made available 
to carry out this chapter, the Secretary may pay the 
cost of competitive grants that are intended to stim-
ulate innovative approaches to leveraging the Fed-
eral investment in environmental enhancement and 
protection, in conjunction with agricultural produc-
tion or forest resource management, through the 
program. 
‘‘(2) USE.—The Secretary may provide grants 
under this subsection to governmental and non-gov-
ernmental organizations and persons, on a competi-
tive basis, to carry out projects that— 
‘‘(A) involve producers who are eligible for 
payments or technical assistance under the pro-
gram; 
‘‘(B) leverage Federal funds made avail-
able to carry out the program under this chap-
ter with matching funds provided by State and 
local governments and private organizations to 
promote environmental enhancement and pro-
tection in conjunction with agricultural produc-
tion; 
‘‘(C) ensure efficient and effective transfer 
of innovative technologies and approaches dem-
onstrated through projects that receive funding 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00367
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
368 
HR 6124 PCS
under this section, such as market systems for 
pollution reduction and practices for the storage 
of carbon in soil; and 
‘‘(D) provide environmental and resource 
conservation benefits through increased partici-
pation by producers of specialty crops. 
‘‘(b) AIR QUALITY CONCERNS FROM AGRICULTURAL 
OPERATIONS.— 
‘‘(1) IMPLEMENTATION ASSISTANCE.—The Sec-
retary shall provide payments under this subsection 
to producers to implement practices to address air 
quality concerns from agricultural operations and to 
meet Federal, State, and local regulatory require-
ments. The funds shall be made available on the 
basis of air quality concerns in a State and shall be 
used to provide payments to producers that are cost 
effective and reflect innovative technologies. 
‘‘(2) FUNDING.—Of the funds made available 
to carry out this chapter, the Secretary shall carry 
out this subsection using $37,500,000 for each of 
fiscal years 2009 through 2012.’’. 
SEC. 2510. AGRICULTURAL WATER ENHANCEMENT PRO-
GRAM. 
Section 1240I of the Food Security Act of 1985 (16 
U.S.C. 3839aa–9) is amended to read as follows: 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00368
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
369 
HR 6124 PCS
‘‘SEC. 1240I. AGRICULTURAL WATER ENHANCEMENT PRO-
GRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AGRICULTURAL
WATER
ENHANCEMENT 
ACTIVITY.—The term ‘agricultural water enhance-
ment activity’ includes the following activities car-
ried out with respect to agricultural land: 
‘‘(A) Water quality or water conservation 
plan development, including resource condition 
assessment and modeling. 
‘‘(B) Water conservation restoration or en-
hancement projects, including conversion to the 
production of less water-intensive agricultural 
commodities or dryland farming. 
‘‘(C) Water quality or quantity restoration 
or enhancement projects. 
‘‘(D) Irrigation system improvement and 
irrigation efficiency enhancement. 
‘‘(E) Activities designed to mitigate the ef-
fects of drought. 
‘‘(F) Related activities that the Secretary 
determines will help achieve water quality or 
water conservation benefits on agricultural 
land. 
‘‘(2) PARTNER.—The term ‘partner’ means an 
entity that enters into a partnership agreement with 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00369
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
370 
HR 6124 PCS
the Secretary to carry out agricultural water en-
hancement activities on a regional basis, including— 
‘‘(A) an agricultural or silvicultural pro-
ducer association or other group of such pro-
ducers; 
‘‘(B) a State or unit of local government; 
or 
‘‘(C) a federally recognized Indian tribe. 
‘‘(3) PARTNERSHIP
AGREEMENT.—The term 
‘partnership agreement’ means an agreement be-
tween the Secretary and a partner. 
‘‘(4) PROGRAM.—The term ‘program’ means 
the agricultural water enhancement program estab-
lished under subsection (b). 
‘‘(b) ESTABLISHMENT OF PROGRAM.—Beginning in 
fiscal year 2009, the Secretary shall carry out, in accord-
ance with this section and using such procedures as the 
Secretary determines to be appropriate, an agricultural 
water enhancement program as part of the environmental 
quality incentives program to promote ground and surface 
water conservation and improve water quality on agricul-
tural lands— 
‘‘(1) by entering into contracts with, and mak-
ing payments to, producers to carry out agricultural 
water enhancement activities; or 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00370
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
371 
HR 6124 PCS
‘‘(2) by entering into partnership agreements 
with partners, in accordance with subsection (c), on 
a regional level to benefit working agricultural land. 
‘‘(c) PARTNERSHIP AGREEMENTS.— 
‘‘(1) AGREEMENTS
AUTHORIZED.—The Sec-
retary may enter into partnership agreements to 
meet the objectives of the program described in sub-
section (b). 
‘‘(2) APPLICATIONS.—An application to the 
Secretary to enter into a partnership agreement 
under paragraph (1) shall include the following: 
‘‘(A) A description of the geographical area 
to be covered by the partnership agreement. 
‘‘(B) A description of the agricultural 
water quality or water conservation issues to be 
addressed by the partnership agreement. 
‘‘(C) A description of the agricultural 
water enhancement objectives to be achieved 
through the partnership. 
‘‘(D) A description of the partners collabo-
rating to achieve the project objectives and the 
roles, responsibilities, and capabilities of each 
partner. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00371
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
372 
HR 6124 PCS
‘‘(E) A description of the program re-
sources, including payments the Secretary is re-
quested to make. 
‘‘(F) Such other such elements as the Sec-
retary considers necessary to adequately evalu-
ate and competitively select applications for 
partnership agreements. 
‘‘(3) DUTIES OF PARTNERS.—A partner under 
a partnership agreement shall— 
‘‘(A) identify producers participating in the 
project and act on their behalf in applying for 
the program; 
‘‘(B) leverage funds provided by the Sec-
retary with additional funds to help achieve 
project objectives; 
‘‘(C) conduct monitoring and evaluation of 
project effects; and 
‘‘(D) at the conclusion of the project, re-
port to the Secretary on project results. 
‘‘(d) AGRICULTURAL WATER ENHANCEMENT ACTIVI-
TIES BY PRODUCERS.—The Secretary shall select agricul-
tural water enhancement activities proposed by producers 
according to applicable requirements under the environ-
mental quality incentives program. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00372
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
373 
HR 6124 PCS
‘‘(e) AGRICULTURAL WATER ENHANCEMENT ACTIVI-
TIES BY PARTNERS.— 
‘‘(1) COMPETITIVE
PROCESS.—The Secretary 
shall conduct a competitive process to select part-
ners. In carrying out the process, the Secretary shall 
make public the criteria used in evaluating applica-
tions. 
‘‘(2) AUTHORITY TO GIVE PRIORITY TO CER-
TAIN PROPOSALS.—The Secretary may give a higher 
priority to proposals from partners that— 
‘‘(A) include high percentages of agricul-
tural land and producers in a region or other 
appropriate area; 
‘‘(B) result in high levels of applied agri-
cultural water quality and water conservation 
activities; 
‘‘(C) significantly enhance agricultural ac-
tivity; 
‘‘(D) allow for monitoring and evaluation; 
and 
‘‘(E) assist producers in meeting a regu-
latory requirement that reduces the economic 
scope of the producer’s operation. 
‘‘(3) PRIORITY
TO
PROPOSALS
FROM
STATES 
WITH WATER QUANTITY CONCERNS.—The Secretary 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00373
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
374 
HR 6124 PCS
shall give a higher priority to proposals from part-
ners that— 
‘‘(A) include the conversion of agricultural 
land from irrigated farming to dryland farming; 
‘‘(B) leverage Federal funds provided 
under the program with funds provided by part-
ners; and 
‘‘(C) assist producers in States with water 
quantity concerns, as determined by the Sec-
retary. 
‘‘(4) ADMINISTRATION.—In carrying out this 
subsection, the Secretary shall— 
‘‘(A) accept qualified applications— 
‘‘(i) directly from partners applying 
on behalf of producers; or 
‘‘(ii) from producers applying through 
a partner as part of a regional agricultural 
water enhancement project; and 
‘‘(B) ensure that resources made available 
for regional agricultural water enhancement ac-
tivities are delivered in accordance with applica-
ble program rules. 
‘‘(f) 
AREAS
EXPERIENCING
EXCEPTIONAL 
DROUGHT.—Notwithstanding the purposes described in 
section 1240, the Secretary shall consider as an eligible 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00374
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
375 
HR 6124 PCS
agricultural water enhancement activity the use of a water 
impoundment to capture surface water runoff on agricul-
tural land if the agricultural water enhancement activity— 
‘‘(1) is located in an area that is experiencing 
or has experienced exceptional drought conditions 
during the previous two calendar years; and 
‘‘(2) will capture surface water runoff through 
the construction, improvement, or maintenance of ir-
rigation ponds or small, on-farm reservoirs. 
‘‘(g) WAIVER AUTHORITY.—To assist in the imple-
mentation of agricultural water enhancement activities 
under the program, the Secretary shall waive the applica-
bility of the limitation in section 1001D(b)(2)(B) of this 
Act for participating producers if the Secretary determines 
that the waiver is necessary to fulfill the objectives of the 
program. 
‘‘(h) PAYMENTS UNDER PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
appropriate payments to producers participating in 
agricultural water enhancement activities in an 
amount determined by the secretary to be necessary 
to achieve the purposes of the program described in 
subsection (b). 
‘‘(2) PAYMENTS
TO
PRODUCERS
IN
STATES 
WITH WATER QUANTITY CONCERNS.—The Secretary 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00375
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
376 
HR 6124 PCS
shall provide payments for a period of five years to 
producers participating in agricultural water en-
hancement activities under proposals described in 
subsection (e)(3) in an amount sufficient to encour-
age producers to convert from irrigated farming to 
dryland farming. 
‘‘(i) CONSISTENCY WITH STATE LAW.—Any agricul-
tural water enhancement activity conducted under the pro-
gram shall be conducted in a manner consistent with State 
water law. 
‘‘(j) FUNDING.— 
‘‘(1) AVAILABILITY OF FUNDS.—In addition to 
funds made available to carry out this chapter under 
section 1241(a), the Secretary shall carry out the 
program using, of the funds of the Commodity Cred-
it Corporation— 
‘‘(A) $73,000,000 for each of fiscal years 
2009 and 2010; 
‘‘(B) $74,000,000 for fiscal year 2011; and 
‘‘(C) $60,000,000 for fiscal year 2012 and 
each fiscal year thereafter. 
‘‘(2) LIMITATION
ON
ADMINISTRATIVE
EX-
PENSES.—None of the funds made available for re-
gional agricultural water conservation activities 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00376
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
377 
HR 6124 PCS
under the program may be used to pay for the ad-
ministrative expenses of partners.’’. 
Subtitle 
G—Other 
Conservation 
Programs of the Food Security 
Act of 1985 
SEC. 2601. 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 ‘‘2007’’ and 
inserting ‘‘2012’’. 
SEC. 2602. WILDLIFE HABITAT INCENTIVE PROGRAM. 
(a) ELIGIBILITY.—Section 1240N of the Food Secu-
rity Act of 1985 (16 U.S.C. 3839bb–1) is amended— 
(1) in subsection (a), by inserting before the pe-
riod at the end the following: ‘‘for the development 
of wildlife habitat on private agricultural land, non-
industrial private forest land, and tribal lands’’. 
(2) in subsection (b)(1), by striking ‘‘land-
owners’’ and inserting ‘‘owners of lands referred to 
in subsection (a)’’. 
(b) INCLUSION OF PIVOT CORNERS AND IRREGULAR 
AREAS.—Section 1240N(b)(1)(E) of the Food Security 
Act of 1985 (16 U.S.C. 3839bb–1(b)(1)(E)) is amended 
by inserting before the period at the end the following: 
‘‘, including habitat developed on pivot corners and irreg-
ular areas’’. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00377
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
378 
HR 6124 PCS
(c) COST SHARE FOR LONG-TERM AGREEMENTS.— 
Section 1240N(b)(2)(B) of the Food Security Act of 1985 
(16 U.S.C. 3839bb–1(b)(2)(B)) is amended by striking 
‘‘15 percent’’ and inserting ‘‘25 percent’’. 
(d) PRIORITY FOR CERTAIN CONSERVATION INITIA-
TIVES; PAYMENT LIMITATION.—Section 1240N of the 
Food Security Act of 1985 (16 U.S.C. 3839bb–1) is 
amended by adding at the end the following new sub-
sections: 
‘‘(d) PRIORITY FOR CERTAIN CONSERVATION INITIA-
TIVES.—In carrying out this section, the Secretary may 
give priority to projects that would address issues raised 
by State, regional, and national conservation initiatives. 
‘‘(e) PAYMENT LIMITATION.—Payments made to a 
person or legal entity, directly or indirectly, under the pro-
gram may not exceed, in the aggregate, $50,000 per 
year.’’. 
SEC. 2603. GRASSROOTS SOURCE WATER PROTECTION 
PROGRAM. 
Section 1240O(b) of the Food Security Act of 1985 
(16 U.S.C. 3839bb–2(b)) is amended by striking 
‘‘$5,000,000 for each of fiscal years 2002 through 2007’’ 
and inserting ‘‘$20,000,000 for each of fiscal years 2008 
through 2012’’. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00378
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
379 
HR 6124 PCS
SEC. 2604. GREAT LAKES BASIN PROGRAM FOR SOIL ERO-
SION AND SEDIMENT CONTROL. 
Section 1240P of the Food Security Act of 1985 (16 
U.S.C. 3839bb–3) is amended to read as follows: 
‘‘SEC. 1240P. GREAT LAKES BASIN PROGRAM FOR SOIL ERO-
SION AND SEDIMENT CONTROL. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may 
carry out the Great Lakes basin program for soil erosion 
and sediment control (referred to in this section as the 
‘program’), including providing assistance to implement 
the recommendations of the Great Lakes Regional Col-
laboration Strategy to Restore and Protect the Great 
Lakes. 
‘‘(b) CONSULTATION AND COOPERATION.—The Sec-
retary shall carry out the program in consultation with 
the Great Lakes Commission created by Article IV of the 
Great Lakes Basin Compact (82 Stat. 415) and in co-
operation with the Administrator of the Environmental 
Protection Agency and the Secretary of the Army. 
‘‘(c) ASSISTANCE.—In carrying out the program, the 
Secretary may— 
‘‘(1) provide project demonstration grants, pro-
vide technical assistance, and carry out information 
and educational programs to improve water quality 
in the Great Lakes basin by reducing soil erosion 
and improving sediment control; and 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00379
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
380 
HR 6124 PCS
‘‘(2) establish a priority for projects and activi-
ties that— 
‘‘(A) directly reduce soil erosion or improve 
sediment control; 
‘‘(B) reduce soil loss in degraded rural wa-
tersheds; or 
‘‘(C) improve water quality for downstream 
watersheds. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary to carry 
out the program $5,000,000 for each of fiscal years 2008 
through 2012.’’. 
SEC. 2605. CHESAPEAKE BAY WATERSHED PROGRAM. 
Chapter 5 of subtitle D of title XII of the Food Secu-
rity Act of 1985 is amended by inserting after section 
1240P (16 U.S.C. 3839bb–3) the following new section: 
‘‘SEC. 1240Q. CHESAPEAKE BAY WATERSHED. 
‘‘(a) CHESAPEAKE BAY WATERSHED DEFINED.—In 
this section, the term ‘Chesapeake Bay watershed’ means 
all tributaries, backwaters, and side channels, including 
their watersheds, draining into the Chesapeake Bay. 
‘‘(b) ESTABLISHMENT
AND PURPOSE.—The Sec-
retary shall assist producers in implementing conservation 
activities on agricultural lands in the Chesapeake Bay wa-
tershed for the purposes of— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00380
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
381 
HR 6124 PCS
‘‘(1) improving water quality and quantity in 
the Chesapeake Bay watershed; and 
‘‘(2) restoring, enhancing, and preserving soil, 
air, and related resources in the Chesapeake Bay 
watershed. 
‘‘(c) CONSERVATION
ACTIVITIES.—The Secretary 
shall deliver the funds made available to carry out this 
section through applicable programs under this subtitle to 
assist producers in enhancing land and water resources— 
‘‘(1) by controlling erosion and reducing sedi-
ment and nutrient levels in ground and surface 
water; and 
‘‘(2) by planning, designing, implementing, and 
evaluating habitat conservation, restoration, and en-
hancement measures where there is significant eco-
logical value if the lands are— 
‘‘(A) retained in their current use; or 
‘‘(B) restored to their natural condition. 
‘‘(d) AGREEMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) enter into agreements with producers 
to carry out the purposes of this section; and 
‘‘(B) use the funds made available to carry 
out this section to cover the costs of the pro-
gram involved with each agreement. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00381
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
382 
HR 6124 PCS
‘‘(2) SPECIAL
CONSIDERATIONS.—In entering 
into agreements under this subsection, the Secretary 
shall give special consideration to, and begin evalu-
ating, applications with producers in the following 
river basins: 
‘‘(A) The Susquehanna River. 
‘‘(B) The Shenandoah River. 
‘‘(C) The Potomac River (including North 
and South Potomac). 
‘‘(D) The Patuxent River. 
‘‘(e) DUTIES OF THE SECRETARY.—In carrying out 
the purposes in this section, the Secretary shall— 
‘‘(1) where available, use existing plans, models, 
and assessments to assist producers in implementing 
conservation activities; and 
‘‘(2) proceed expeditiously with the implementa-
tion of any agreement with a producer that is con-
sistent with State strategies for the restoration of 
the Chesapeake Bay watershed. 
‘‘(f) CONSULTATION.—The Secretary, in consultation 
with appropriate Federal agencies, shall ensure conserva-
tion activities carried out under this section complement 
Federal and State programs, including programs that ad-
dress water quality, in the Chesapeake Bay watershed. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00382
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
383 
HR 6124 PCS
‘‘(g) SENSE OF CONGRESS REGARDING CHESAPEAKE 
BAY EXECUTIVE COUNCIL.—It is the sense of Congress 
that the Secretary should be a member of the Chesapeake 
Bay Executive Council, and is authorized to do so under 
section 1(3) of the Soil Conservation and Domestic Allot-
ment Act (16 U.S.C. 590a(3)). 
‘‘(h) FUNDING.— 
‘‘(1) AVAILABILITY.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall use, 
to the maximum extent practicable— 
‘‘(A) $23,000,000 for fiscal year 2009; 
‘‘(B) $43,000,000 for fiscal year 2010; 
‘‘(C) $72,000,000 for fiscal year 2011; and 
‘‘(D) $50,000,000 for fiscal year 2012. 
‘‘(2) DURATION
OF
AVAILABILITY.—Funds 
made available under paragraph (1) shall remain 
available until expended.’’ 
SEC. 2606. VOLUNTARY PUBLIC ACCESS AND HABITAT IN-
CENTIVE PROGRAM. 
Chapter 5 of subtitle D of title XII of the Food Secu-
rity Act of 1985 (16 U.S.C. 3839bb et seq.) is amended 
by inserting after section 1240Q, as added by section 
2605, the following new section: 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00383
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
384 
HR 6124 PCS
‘‘SEC. 1240R. VOLUNTARY PUBLIC ACCESS AND HABITAT IN-
CENTIVE PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a voluntary public access program under which States 
and tribal governments may apply for grants to encourage 
owners and operators of privately-held farm, ranch, and 
forest land to voluntarily make that land available for ac-
cess by the public for wildlife-dependent recreation, includ-
ing hunting or fishing under programs administered by 
the States and tribal governments. 
‘‘(b) APPLICATIONS.—In submitting applications for 
a grant under the program, a State or tribal government 
shall describe— 
‘‘(1) the benefits that the State or tribal gov-
ernment intends to achieve by encouraging public ac-
cess to private farm and ranch land for— 
‘‘(A) hunting and fishing; and 
‘‘(B) to the maximum extent practicable, 
other recreational purposes; and 
‘‘(2) the methods that will be used to achieve 
those benefits. 
‘‘(c) PRIORITY.—In approving applications and 
awarding grants under the program, the Secretary shall 
give priority to States and tribal governments that pro-
pose— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00384
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
385 
HR 6124 PCS
‘‘(1) to maximize participation by offering a 
program the terms of which are likely to meet with 
widespread acceptance among landowners; 
‘‘(2) to ensure that land enrolled under the 
State or tribal government program has appropriate 
wildlife habitat; 
‘‘(3) to strengthen wildlife habitat improvement 
efforts on land enrolled in a special conservation re-
serve enhancement program described in section 
1234(f)(4) by providing incentives to increase public 
hunting and other recreational access on that land; 
‘‘(4) to use additional Federal, State, tribal 
government, or private resources in carrying out the 
program; and 
‘‘(5) to make available to the public the location 
of land enrolled. 
‘‘(d) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) NO PREEMPTION.—Nothing in this section 
preempts a State or tribal government law, including 
any State or tribal government liability law. 
‘‘(2) EFFECT
OF
INCONSISTENT
OPENING 
DATES FOR MIGRATORY BIRD HUNTING.—The Sec-
retary shall reduce by 25 percent the amount of a 
grant otherwise determined for a State under the 
program if the opening dates for migratory bird 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00385
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
386 
HR 6124 PCS
hunting in the State are not consistent for residents 
and non-residents. 
‘‘(e) REGULATIONS.—The Secretary shall promulgate 
such regulations as are necessary to carry out this section. 
‘‘(f) FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use, to the max-
imum extent practicable, $50,000,000 for the period of fis-
cal years 2009 through 2012.’’. 
Subtitle H—Funding and Adminis-
tration 
of Conservation Pro-
grams 
SEC. 2701. FUNDING OF CONSERVATION PROGRAMS UNDER 
FOOD SECURITY ACT OF 1985. 
(a) IN GENERAL.—Section 1241(a) of the Food Se-
curity Act of 1985 (16 U.S.C. 3841(a)) is amended in the 
matter preceding paragraph (1), by striking ‘‘2007’’ and 
inserting ‘‘2012’’. 
(b) CONSERVATION RESERVE PROGRAM.—Paragraph 
(1) of section 1241(a) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)) is amended by striking the period at 
the end and inserting the following: ‘‘, including to the 
maximum extent practicable— 
‘‘(A) $100,000,000 for the period of fiscal 
years 2009 through 2012 to provide cost share 
payments under paragraph (3) of section 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00386
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
387 
HR 6124 PCS
1234(b) in connection with thinning activities 
conducted on land described in subparagraph 
(A)(iii) of such paragraph; and 
‘‘(B) $25,000,000 for the period of fiscal 
years 2009 through 2012 to carry out section 
1235(f) to facilitate the transfer of land subject 
to contracts from retired or retiring owners and 
operators to beginning farmers or ranchers and 
socially disadvantaged farmers or ranchers.’’. 
(c) CONSERVATION SECURITY AND CONSERVATION 
STEWARDSHIP PROGRAMS.—Paragraph (3) of section 
1241(a) of the Food Security Act of 1985 (16 U.S.C. 
3841(a)) is amended to read as follows: 
‘‘(3)(A) CONSERVATION SECURITY PROGRAM.— 
The conservation security program under subchapter 
A of chapter 2, using such sums as are necessary to 
administer contracts entered into before September 
30, 2008. 
‘‘(B) 
CONSERVATION
STEWARDSHIP
PRO-
GRAM.—The 
conservation 
stewardship 
program 
under subchapter B of chapter 2.’’. 
(d) FARMLAND PROTECTION PROGRAM.—Paragraph 
(4) of section 1241(a) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)) is amended to read as follows: 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 00387
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS