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of 1986), from the private landowner for which
the conservation easement will be purchased; and
‘‘(H) provide for a schedule of payments to
an eligible entity, as agreed to by the Secretary
and the eligible entity, over a term of not to ex-
ceed 30 years.
‘‘(3) PROTECTION OF FEDERAL INVESTMENT.—
‘‘(A) IN GENERAL.—The Secretary shall en-
sure that the terms of an easement acquired by
the eligible entity provides protection for the
Federal investment through an executory limita-
tion by the Federal government.
‘‘(B) RELATIONSHIP TO FEDERAL ACQUISI-
TION OF REAL PROPERTY.—The inclusion of an
executory limitation described in subparagraph
(A) shall—
‘‘(i) not be considered the Federal ac-
quisition of real property; and
‘‘(ii) not trigger any Federal appraisal
or other real property requirements, includ-
ing the Federal standards and procedures
for land acquisition.
‘‘(C) TERMS
OF
RESTORATION
AGREE-
MENT.—A restoration agreement shall contain—
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‘‘(i) a statement of the conservation
measures and practices that will be under-
taken in regard to the eligible land subject
to the conservation easement;
‘‘(ii) restrictions on the use of the eligi-
ble land subject to the conservation ease-
ment; and
‘‘(iii) a statement of the respective du-
ties of the Secretary, landowner, and eligi-
ble entity, as appropriate.
‘‘(c) VIOLATION.—If a violation occurs of the terms or
conditions of a conservation easement, contract, cooperative
agreement or restoration agreement entered into under this
section—
‘‘(1) the conservation easement, contract, cooper-
ative agreement, or restoration agreement shall re-
main in force; and
‘‘(2) the Secretary may require the owner or en-
tity to refund all or part of any payments received
by the owner under this subchapter, with interest on
the payments as determined appropriate by the Sec-
retary.’’.
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CHAPTER 4—OTHER CONSERVATION
PROGRAMS
SEC. 2391. CONSERVATION SECURITY PROGRAM.
Subchapter A of chapter 2 of subtitle D of title XII
of the Food Security Act of 1985 is amended by adding
after section 1238C (16 U.S.C. 3838c) the following:
‘‘SEC. 1238D. PERIOD OF EFFECTIVENESS.
‘‘(a) IN GENERAL.—This subchapter, and the terms
and conditions of the conservation security program, shall
continue to apply to conservation security contracts entered
into as of the date before the date of enactment of this sec-
tion.
‘‘(b) PAYMENTS.—The Secretary shall make payments
under this subchapter with respect to conservation security
contracts described in subsection (a) during the term of the
contracts.
‘‘(c) PROHIBITION ON NEW CONTRACTS.—A conserva-
tion security contract may not be entered into or renewed
under this subchapter as of the date of enactment of this
section.
‘‘(d) LIMITATION.—A contract described in subsection
(a) may not be administered under the regulations issued
under section 1240Y.’’.
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SEC. 2392. 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 in-
serting ‘‘2012’’.
SEC. 2393. REAUTHORIZATION OF WILDLIFE HABITAT IN-
CENTIVE PROGRAM.
Section 1240N of the Food Security Act of 1985 (16
U.S.C. 3839bb–1) is amended—
(1) in subsection (b)—
(A) in the subsection heading, by striking
‘‘COST-SHARE’’;
(B) in paragraph (1), by inserting ‘‘and in-
centive’’ after ‘‘cost-share’’; and
(C) in paragraph (2)(B), by striking ‘‘15
percent’’ and inserting ‘‘25 percent’’; and
(2) by adding at the end the following:
‘‘(d) FISH AND WILDLIFE CONSERVATION PLANS AND
INITIATIVES.—In carrying out this section, the Secretary
shall give priority to projects that would further the goals
and objectives of State, regional, and national fish and
wildlife conservation plans and initiatives.
‘‘(e) DURATION
OF PROGRAM.—Using funds made
available under section 1241(a)(7), the Secretary shall
carry out the program during each of fiscal years 2008
through 2012.’’.
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SEC. 2394. GRASSROOTS SOURCE WATER PROTECTION PRO-
GRAM.
Section 1240O of the Food Security Act of 1985 (16
U.S.C. 3839bb–2) is amended by striking subsection (b) and
inserting the following:
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2008 through 2012.’’.
SEC. 2395. 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) IN GENERAL.—The Secretary, 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, may
carry out the Great Lakes basin program for soil erosion
and sediment control (referred to in this section as the ‘pro-
gram’) to assist in implementing the recommendations of
the Great Lakes Regional Collaboration Strategy to Restore
and Protect the Great Lakes.
‘‘(b) ASSISTANCE.—In carrying out the program, the
Secretary may—
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‘‘(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
‘‘(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 hydrological conditions in
urban watersheds.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000 for each of fiscal years 2008 through 2012.’’.
SEC. 2396. FARM VIABILITY PROGRAM.
Section 1238J(b) of the Food Security Act of 1985 (16
U.S.C. 3838j(b)) is amended by striking ‘‘2007’’ and insert-
ing ‘‘2012’’.
SEC. 2397. DISCOVERY WATERSHED DEMONSTRATION PRO-
GRAM.
Chapter 5 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839bb et seq.) is amended by add-
ing at the end the following:
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‘‘SEC. 1240Q. DISCOVERY WATERSHED DEMONSTRATION
PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
and carry out a demonstration program in not less than
30 small watersheds in States of the Upper Mississippi
River basin to identify and promote the most cost-effective
and efficient approaches to reducing the loss of nutrients
to surface waters.
‘‘(b) PURPOSE.—The demonstration program shall
demonstrate in small watersheds performance-based and
market-based approaches—
‘‘(1) to reduce the loss of nutrients to surface wa-
ters from agricultural land; and
‘‘(2) to monitor the cost-effectiveness of manage-
ment practices designed to reduce the loss of nutrients
to surface waters from agricultural land.
‘‘(c) PARTNERSHIPS.—In carrying out this section, the
Secretary may establish or identify, as appropriate, part-
nerships to select the watersheds and to encourage coopera-
tive effort among the Secretary and State, local, and non-
governmental organizations.
‘‘(d) SELECTION OF SMALL WATERSHEDS.—In select-
ing small watersheds for participation in the program, the
Secretary shall consider the extent to which—
‘‘(1) reducing nutrient losses to surface water in
the small watershed would be likely to result in meas-
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urable improvements in water quality in the small
watershed;
‘‘(2) a demonstration project would use innova-
tive approaches to attract a high level of producer
participation in the small watershed to ensure suc-
cess;
‘‘(3) a demonstration project could be imple-
mented through a third party, including a producer
organization, farmer cooperative, conservation dis-
trict, water utility, agency of State or local govern-
ment, conservation organization, or other organiza-
tion with appropriate expertise;
‘‘(4) a demonstration project would leverage
funding from State, local, and private sources;
‘‘(5) a demonstration project would demonstrate
market-based approaches to nutrient losses to surface
waters;
‘‘(6) baseline data related to water quality and
agricultural practices and contributions from non-
agricultural sources as relevant in the small water-
shed has been collected or could be readily collected;
and
‘‘(7) water quality monitoring infrastructure is
in place or could reasonably be put in place in the
small watershed.