complies with the obligations of the
owner or operator under the conserva-
tion security contract.
‘‘(4) RENEWAL.—
‘‘(A) IN GENERAL.—At the option of an
owner or operator, the conservation security
contract of the owner or operator may be re-
newed, for a term described in subparagraph
(B), if—
‘‘(i) the owner or operator agrees to
any modification of the applicable con-
servation security contract that the Sec-
retary determines to be necessary to
achieve the purposes of the conservation
security program;
‘‘(ii) the Secretary determines that
the owner or operator has complied with
the terms and conditions of the conserva-
tion security contract, including the con-
servation security plan; and
‘‘(iii) in the case of a conservation se-
curity contract for land previously enrolled
in the conservation security program that
will continue to be enrolled on the basis of
1 or more Tier I conservation practices,
the owner or operator meets resource man-
agement system criteria for the practices
operation covered by the conservation secu-
rity contract.
‘‘(B) TERMS OF RENEWAL.—Under sub-
paragraph (A)—
‘‘(i) a conservation security contract
for land enrolled in the conservation secu-
rity program that will be maintained using
a Tier I conservation practice may be re-
newed for 5-year terms;
‘‘(ii) a conservation security contract
for land enrolled in the conservation secu-
rity program that will be maintained using
a Tier II or Tier III conservation practice
may be renewed for 5-year to 10-year
terms, at the option of the owner or oper-
ator; and
‘‘(iii) previous participation in the
conservation security program does not bar
renewal more than once.
‘‘(f) NO VIOLATION FOR NONCOMPLIANCE DUE TO
CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER
OR OPERATOR.—The Secretary shall include in the con-
servation security contract a provision, and may modify
a conservation security contract under subsection
(e)(3)(B), to ensure that an owner or operator shall not
be considered in violation of a conservation security con-
tract for failure to comply with the conservation security
contract due to circumstances beyond the control of the
owner or operator, including a disaster or related condi-
tion.
‘‘(g) DUTIES OF OWNERS AND OPERATORS.—Under
a conservation security contract, an owner or operator
shall agree, during the term specified under the conserva-
tion security contract—
‘‘(1) to implement the applicable conservation
security plan approved by the Secretary;
‘‘(2) to keep appropriate records showing the
effective and timely implementation of the conserva-
tion security plan;
‘‘(3) not to engage in any activity that would
interfere with the purposes of the conservation secu-
rity plan;
‘‘(4) at the option of the Secretary, to refund
all or a portion of the payments to the Secretary if
the owner or operator fails to maintain a conserva-
tion practice, as specified in the conservation secu-
rity contract; and
‘‘(5) on the violation of a term or condition of
the conservation security contract—
‘‘(A) if the Secretary determines that the
violation warrants termination of the conserva-
tion security contract—
‘‘(i) to forfeit all rights to receive pay-
ments under the conservation security con-
tract; and
‘‘(ii) to refund to the Secretary all or
a portion of the payments received by the
owner or operator under the conservation
security contract, including an advance
payment and interest on the payments, as
determined by the Secretary; or
‘‘(B) if the Secretary determines that the
violation does not warrant termination of the
conservation security contract, to refund to the
Secretary, or accept adjustments to, the pay-
ments provided to the owner or operator, as the
Secretary determines to be appropriate.
‘‘(h) DUTIES OF THE SECRETARY.—
‘‘(1) ADVANCE
PAYMENT.—At the time at
which a person enters into a conservation security
contract, the Secretary shall make an advance pay-
ment to the person in an amount not to exceed—
amounts and for a period of years specified in
the conservation security contract, make an an-
nual payment to the person in an amount not
to exceed—
‘‘(i) in the case of a contract to main-
tain Tier I conservation practices described
in subsection (d)(5)(A), $20,000;
‘‘(ii) in the case of a contract to main-
tain Tier II conservation practices de-
scribed in subsection (d)(5)(B), $35,000;
or
‘‘(iii) in the case of a contract to
maintain Tier III conservation practices
described in subsection (d)(5)(C), $50,000.
‘‘(B) INFLATION ADJUSTMENT.—The Sec-
retary may periodically, including at the time at
which a conservation security contract is re-
newed, adjust the payment and payment limita-
tions under subparagraph (A) to reflect changes
in the Prices Paid by Farmers Index.
‘‘(C) 
CRITERIA
FOR
DETERMINING
AMOUNT OF PAYMENTS.—Subject to subpara-
graphs (A) and (D), the Secretary shall estab-
lish criteria for determining the amount of an
annual payment to a person under this para-
graph that—
‘‘(i) shall be as objective and trans-
parent as practicable; and
‘‘(ii) shall be based on—
‘‘(I) the natural resource and en-
vironmental benefits expected as a re-
sult of the adoption, maintenance, and
improvement in implementation of the
conservation practices carried out by
the person;
‘‘(II) the number of management
practices established or maintained;
‘‘(III) the schedule for the con-
servation practices described in sub-
section (c)(1)(C);
‘‘(IV) the cost of the adoption,
maintenance, and improvement in im-
plementation of conservation practices
that are newly implemented under the
conservation security contract;
‘‘(V) the extent to which com-
pensation will ensure maintenance and
improvement of conservation practices
that are or have been implemented;
‘‘(VI) the income loss or eco-
nomic value forgone by the person due
to land use adjustments resulting
from the adoption, maintenance, and
improvement of conservation prac-
tices;
‘‘(VII) the extent to which the
conservation security plan meets ap-
plicable resource management system
standards;
‘‘(VIII) the extent to which the
conservation 
security 
plan 
incor-
porates practices that optimize carbon
sequestration and minimize green-
house gas emissions;
‘‘(IX) the costs associated with
any on-farm research, demonstration,
or pilot testing components of the
conservation security plan;
‘‘(X) the extent to which the con-
servation 
security 
plan 
addresses
State and local conservation priorities
as provided for under subsection
(c)(3);
‘‘(XI) the costs associated with
monitoring of results required under
the conservation security plan;
‘‘(XII) participation in a water-
shed or regional land use plan involv-
ing at least 75 percent of landowners
in the targeted area;
‘‘(XIII) the special considerations
associated with an owner or operator
that is a qualified beginning farmer or
rancher (as defined in section 343(a)
of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)));
‘‘(XIV) the extent of activities
undertaken beyond what is required to
comply with any applicable Federal,
State, and local law; and
‘‘(XV) such other factors as the
Secretary determines to be appro-
priate to encourage participation in
the conservation security program and
to reward environmental stewardship.
‘‘(D) LAND
ENROLLED
IN
OTHER
CON-
SERVATION PROGRAMS.—
‘‘(i) IN
GENERAL.—Notwithstanding
any other provision of law, if an owner or
operator has land enrolled in another con-
servation program administered by the
Secretary and has applied to enroll the
same land in the conservation program, the
owner or operator may elect to—
‘‘(I) convert the contract under
the other conservation program to a
conservation security contract, with-
out penalty, except that this subclause
shall not apply to a long-term or per-
manent conservation or easement; or
‘‘(II) have each annual payment
to the owner or operator under this
paragraph reduced to reflect payment
for practices the owner or operator re-
ceives under the other conservation
program, except that the annual pay-
ment under this paragraph may in-
clude incentives for qualified practices
that enhance or extend the conserva-
tion benefit achieved under the other
conservation program.
regulations defining the term ‘person’
issued under section 1001; and
‘‘(II) which term shall be defined
so that no individual directly or indi-
rectly may receive payments exceeding
the applicable amount specified in
paragraph (1) or (2);
‘‘(ii) providing adequate safeguards to
protect the interests of tenants and share-
croppers, including provision for sharing,
on a fair and equitable basis; and
‘‘(iii) prescribing such other rules as
the Secretary determines to be necessary
to ensure a fair and reasonable application
of the limitations established under para-
graphs (1) and (2).
‘‘(B) PENALTIES
FOR
SCHEMES
OR
DE-
VICES.—
‘‘(i) IN
GENERAL.—If the Secretary
determines that a person has adopted a
scheme or device to evade, or that has the
purpose of evading, the regulations issued
under subparagraph (A), the person shall
be ineligible to participate in the conserva-
tion security program for the year for
which the scheme or device was adopted
and each of the following 5 years.
‘‘(ii) FRAUD.—If the Secretary deter-
mines that fraud was committed in connec-
tion with the scheme or device, the person
shall be ineligible to participate in the con-
servation security program for the year for
which the scheme or device was adopted
and each of the following 10 years.
‘‘(4) TERMINATION.—
‘‘(A) IN GENERAL.—Subject to subsection
(g), the Secretary shall allow an owner or oper-
ator to terminate the conservation security con-
tract.
‘‘(B) PAYMENTS.—The owner or operator
may retain any or all payments received under
a terminated conservation security contract if—
‘‘(i) the owner or operator is in full
compliance with the terms and conditions,
including any maintenance requirements,
of the conservation security contract; and
‘‘(ii) the Secretary determines that re-
tention of payment will not defeat the
goals enumerated in the conservation secu-
rity plan of the owner or operator.
‘‘(5) TRANSFER OR CHANGE OF INTEREST IN
LAND SUBJECT TO CONSERVATION SECURITY CON-
TRACT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the transfer, or change in
the interest, of an owner or operator in land
subject to a conservation security contract shall
result in the termination of the conservation se-
curity contract.
‘‘(B) 
TRANSFER
OF
DUTIES
AND
RIGHTS.—Subparagraph (A) shall not apply if,
not later than 60 days after the date of the
transfer or change in the interest in land, the
transferee of the land provides written notice to
the Secretary that all duties and rights under
the conservation security contract have been
transferred to the transferee.
‘‘(6) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—For each fiscal year,
the Secretary shall use such sums as are nec-
essary from funds of the Commodity Credit
Corporation to provide technical assistance to
owners and operators for the development and
implementation of conservation security con-
tracts.
‘‘(B) TECHNICAL
ASSISTANCE
PROVIDED
BY PERSONS NOT AFFILIATED WITH DEPART-
MENT OF AGRICULTURE.—
‘‘(i) IN
GENERAL.—Under subpara-
graph (A), subject to clause (ii), technical
assistance provided by qualified persons
not affiliated with the Department of Agri-
culture, including farmers and ranchers,
may include—
‘‘(I) conservation planning;
‘‘(II) design, installation, and
certification of conservation practices;
‘‘(III) training for producers; and
‘‘(IV) such other activities as the
Secretary determines to be appro-
priate.
‘‘(ii) COORDINATION
BY
THE
SEC-
RETARY.—The Secretary shall provide
overall technical coordination and leader-
ship for the conservation security program,
including final approval of all conservation
security plans.
‘‘(7) EDUCATION, 
OUTREACH, 
MONITORING,
AND EVALUATION.—
‘‘(A) IN GENERAL.—
‘‘(i) FUNDING.—In addition to the
amounts made available under paragraph
(6), for each fiscal year, the Secretary
shall use such sums as are necessary from
funds of the Commodity Credit Corpora-
tion to carry out education, outreach, mon-
itoring, and evaluation activities in support
of the conservation security program, of
which not less than 50 percent of the sums
shall be used for monitoring and evaluation
activities.
‘‘(ii) AMOUNT.—For each fiscal year,
the amount made available under clause (i)
shall be not less than 40 percent of the
amount made available for technical assist-
ance under paragraph (6) for the fiscal
year.
‘‘(B) USE OF PERSONS NOT AFFILIATED
WITH DEPARTMENT OF AGRICULTURE.—In car-
rying out activities described in subparagraph
(A), the Secretary may use persons not affili-
ated with the Department of Agriculture, in-
cluding networks of agricultural producers oper-
ating in a small watershed or other appropriate
locality.
‘‘(C) 
INCLUDED
ACTIVITIES.—Activities
described in subparagraph (A) may include in-
novative uses of computer technology and re-
mote sensing to monitor and evaluate resource
and environmental results on a local, regional,
or national level.
‘‘(8) PROGRAM
EVALUATION.—The Secretary
shall maintain data concerning conservation security
plans, conservation practices planned or imple-
mented, environmental outcomes, economic costs,
and related matters under this section.
‘‘(9) CONFIDENTIALITY.—To maintain con-
fidentiality, the Secretary shall not release or dis-
close publicly the conservation security plan of an
owner or operator under this chapter unless the
Secretary—
‘‘(A) obtains the authorization of the
owner or operator for the release or disclosure;
‘‘(B) releases the information in an anony-
mous or aggregated form; or
‘‘(C) is otherwise required by law to release
or disclose the plan.
‘‘(10) MEDIATION AND INFORMAL HEARINGS.—
If the Secretary makes a decision under this chapter
that is adverse to an owner or operator, at the re-
quest of the owner or operator, the Secretary shall
provide the owner or operator with mediation serv-
ices or an informal hearing on the decision.
‘‘(i) REPORTS.—Not later than 18 months after the
date of enactment of this chapter and at the end of each
2-year period thereafter, the Secretary shall submit to
Congress a report evaluating the results of the conserva-
tion security program, including—
‘‘(1) an evaluation of the scope, quality, and
outcomes of the conservation practices carried out
under this section; and
‘‘(2) recommendations for achieving specific
and quantifiable improvements for each of the pur-
poses specified in subsection (a).
‘‘(j) FUNDING.—Of the funds of the Commodity
Credit Corporation, the Corporation shall make available
to carry out this chapter such sums as are necessary.’’.
(b) ADMINISTRATION.—Section 1243(a) of the Food
Security Act of 1985 (16 U.S.C. 3843(a)) is amended—
(1) in paragraph (1)(C), by striking ‘‘and’’ at
the end;
(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) the conservation security program estab-
lished under chapter 6 of subtitle D.’’.
(c) 
STATE
TECHNICAL
COMMITTEES.—Section
1262(c)(8) of the Food Security Act of 1985 (16 U.S.C.
3862(c)(8)) is amended by striking ‘‘chapter 4’’ and in-
serting ‘‘chapters 4 and 6’’.
SEC. 4. REGULATIONS.
The Secretary of Agriculture shall promulgate such
regulations as are necessary to carry out this Act and the
amendments made by this Act.
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