‘‘SEC. 116. CONSERVATION FLEX PROGRAM OPTION.
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a voluntary conservation flex program option to assist
producers of agricultural commodities in adopting inte-
grated, site-specific farm management plans through the
reduction of farm program barriers to resource steward-
ship practices and systems.
‘‘(b) DEFINITIONS.—For the purposes of this section:
‘‘(1) The term ‘program’ means the conserva-
tion flex program option established under this sec-
tion.
‘‘(2) The term ‘plan’ means a site-specific farm
management plan prepared by the producer and ap-
proved by the Secretary.
‘‘(3) The term ‘alternative crops’ means experi-
mental and industrial crops which conserve soil and
water.
‘‘(4) The term ‘breeding cattle’ means bulls,
dams, and heifers held solely for the production of
calves, but shall not include weaned calves being
grown for slaughter or dairy cattle.
‘‘(5) The term ‘legume’ means any legume, in-
cluding alfalfa, clover, lentils, lupine, medic, peas,
soybeans, and vetch grown for use as a forage, green
manure, or biomass feedstock, but not including any
pulse crop from which the seeds are harvested and
sold for purposes other than use as seed for plant-
ing.
‘‘(6) The term ‘resource-conserving crop’ means
legumes, grasses, brassica cover crops and forages,
alternative crops, any interseeded or relay-planted
combination of such crops, any interseeded or relay-
planted combination of such crops and small grains,
and such other crops as the Secretary may des-
ignate.
‘‘(7) The term ‘resource-conserving crop rota-
tion’ means a crop rotation which includes at least
one resource-conserving crop and that reduces ero-
sion, maintains or improves soil fertility, tilth and
structure, interrupts pest cycles, or conserves water.
‘‘(8) The term ‘rotational grazing’ means plant-
ing forage, dividing pastures into paddocks, and
using grazing rotations to increase forage quality
and production, improve vegetative cover, and reduce
sediment and nutrient runoff.
‘‘(9) The term ‘small grains’ means any small
grain, including barley, buckwheat, oats, rye, spelt,
and triticale, but not including wheat, except for
wheat grown for nonhuman consumption.
‘‘(10) The term ‘special conservation practices’
means field borders, contour grass strips, grass wa-
terways, filter strips, grass windbreaks, buffer areas,
wildlife habitat plantings, habitat plantings for bene-
ficial organisms that aid in the control of pests, and
such other practices as the Secretary may designate.
‘‘(c) ELIGIBLE PRODUCERS.—To be eligible to par-
ticipate in the program, a producer must prepare and sub-
mit to the Secretary for approval a site-specific farm man-
agement plan, which may at the producer’s option be inte-
grated with any conservation plan developed pursuant to
section 1212 of the Food Security Act of 1985 (16 U.S.C.
3812) and any other conservation or natural resource plan
required for producer participation in any program within
the jurisdiction of the Secretary.
‘‘(d) AGREEMENTS.—Upon the approval of a plan
submitted by a producer under subsection (c), the Sec-
retary shall enter into an agreement with the producer
that specifies the crop acreage bases being enrolled in the
program. The agreement shall be for a period of not less
than one year, nor more than seven years, as determined
by the producer. The agreement may be renewed upon the
mutual agreement of the Secretary and the producer.
‘‘(e) PRODUCER RESPONSIBILITIES UNDER AGREE-
MENT.—Under the terms of an agreement entered into
under subsection (d), a producer shall agree—
‘‘(1) to actively comply with the terms and con-
ditions of the applicable plan, as approved by the
Secretary;
‘‘(2) to devote to a resource-conserving crop—
‘‘(A) not less than 15 percent of the crop
acreage bases of the producer enrolled under
such program; or
‘‘(B) not less than 15 percent of the pro-
ducer’s total crop acres, if the sum of resource-
conserving crop acres on non-base acres and
total crop acreage bases on the farm does not
exceed the county average base-to-cropland
ratio; and
‘‘(3) to keep such records as the Secretary may
reasonably require for purposes of program evalua-
tion.
‘‘(f) REQUIREMENTS OF THE PLAN.—To be approved
by the Secretary, a plan submitted by a producer must—
‘‘(1) specify the crop acreage bases the pro-
ducer chooses to enroll in the program;
‘‘(2) describe the resource-conserving crop rota-
tion, special conservation practices, rotational graz-
ing, or biomass production operations and practices
to be implemented and maintained on such acreage
during the agreement period which fulfill the pur-
poses of the program;
‘‘(3) contain a schedule for the implementation,
improvement and maintenance of the resource-con-
serving crop rotation, special conservation practices,
rotational grazing, or biomass operations and prac-
tices described in the plan; and
‘‘(4) contain such other terms as the Secretary
may require.
‘‘(g) PROGRAM ADMINISTRATION, CERTIFICATION,
AND TERMINATION.—
‘‘(1) PROGRAM
ADMINISTRATION, TECHNICAL
ASSISTANCE, AND FLEXIBILITY.—
‘‘(A) 
ADMINISTRATION.—The 
program
shall be administered by the Secretary.
‘‘(B) TECHNICAL ASSISTANCE.—In admin-
istering the program, the Secretary, in con-
sultation with the local conservation districts
and any State or local authorities deemed ap-
propriate by the Secretary, shall provide tech-
nical assistance to a producer in developing and
implementing a plan, evaluating the effective-
ness of a plan, and assessing the costs and ben-
efits of farming operations and practices. If re-
quested by a producer, the Secretary shall pro-
vide technical assistance to help the producer
comply with Federal, State, and local require-
ments designed to protect soil, wetlands, wild-
life habitat, the quality of ground water and
surface water, or other natural resources.
‘‘(C) FLEXIBILITY.—In administering the
program, the Secretary shall provide sufficient
flexibility for a producer to revise the produc-
er’s plan to respond to changes in market con-
ditions, weather, or technology or to adjust and
modify the farming operation, except that such
revisions must be consistent with the purposes
of the program and approved by the Secretary.
‘‘(2) CERTIFICATION.—The Secretary shall cer-
tify producer compliance with the terms and condi-
tions of the plan.
‘‘(3) TERMINATION.—The Secretary may termi-
nate an agreement entered into with a producer
under this program if—
‘‘(A) the producer agrees to such termi-
nation; or
‘‘(B) the producer violates the terms and
conditions of such agreement.
‘‘(h) PROGRAM RULES.—