holder of the groundwater conservation 
easement; and 
‘‘(iv) subject the eligible water rights 
and eligible land, if applicable, in which an 
interest is purchased to a groundwater 
conservation easement plan that includes— 
‘‘(I) a description of the activities 
that demonstrate protection of soil re-
sources and reduced groundwater use 
and meet any other conservation pur-
poses for which the groundwater con-
servation easement was acquired; 
‘‘(II) a groundwater conservation 
plan, where appropriate, that includes, 
at the option of the Secretary, activi-
ties that will help maintain or enhance 
groundwater-dependent 
ecosystems; 
and 
‘‘(III) any other provisions that 
the Secretary determines to be nec-
essary to accomplish the purposes of 
the groundwater conservation ease-
ment program. 
‘‘(D) 
SUBSTITUTION
OF
QUALIFIED 
PROJECTS.—An agreement under this para-
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graph shall allow, on mutual agreement of the 
parties, substitution of qualified projects that 
are identified at the time of the proposed sub-
stitution. 
‘‘(E) EFFECT OF VIOLATION.—If a viola-
tion of a term or condition of an agreement 
under this paragraph occurs, the Secretary 
may— 
‘‘(i) terminate the agreement; and 
‘‘(ii) require the eligible entity to re-
fund all, or part of, any payments received 
by the eligible entity under the ground-
water conservation easement program, with 
interest on the payments, as determined 
appropriate by the Secretary. 
‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 
‘‘(A) CERTIFICATION PROCESS.—The Sec-
retary shall establish a process under which the 
Secretary may— 
‘‘(i) directly certify eligible entities 
that meet established criteria; 
‘‘(ii) enter into long-term agreements 
with certified eligible entities; and 
‘‘(iii) accept proposals for cost-share 
assistance for the purchase of groundwater 
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conservation easements throughout the du-
ration of those agreements. 
‘‘(B) CERTIFICATION
CRITERIA.—To be 
certified under subparagraph (A), an eligible 
entity shall demonstrate to the Secretary that 
the eligible entity will maintain, at a minimum, 
for the duration of the agreement— 
‘‘(i) a plan for administering ground-
water conservation easements that is con-
sistent with the purposes of the ground-
water conservation easement program; 
‘‘(ii) the capacity and resources to 
monitor and enforce groundwater conserva-
tion easements; and 
‘‘(iii) policies and procedures to en-
sure— 
‘‘(I) the long-term integrity of 
groundwater conservation easements; 
‘‘(II) timely completion of acqui-
sitions of groundwater conservation 
easements; and 
‘‘(III) timely and complete eval-
uation and reporting to the Secretary 
with respect to the use of funds pro-
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vided under the groundwater con-
servation easement program. 
‘‘(C) REVIEW AND REVISION.— 
‘‘(i) REVIEW.—The Secretary shall 
conduct a review of eligible entities cer-
tified under subparagraph (A) not less fre-
quently than once every 3 years to ensure 
that the eligible entities are meeting the 
criteria established under subparagraph 
(B). 
‘‘(ii) REVOCATION.—If the Secretary 
finds that a certified eligible entity no 
longer meets the criteria established under 
subparagraph (B), the Secretary may— 
‘‘(I) allow the certified eligible 
entity a specified period of time, but 
not less than 180 days, during which 
to take such actions as may be nec-
essary to meet the criteria; and 
‘‘(II) revoke the certification of 
the eligible entity, if, after that speci-
fied period of time, the certified eligi-
ble entity does not meet the criteria. 
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‘‘(f) GEOGRAPHIC SCOPE.—The Secretary may only 
enroll eligible water rights or eligible land under this sec-
tion in regions— 
‘‘(1) experiencing significant groundwater de-
pletion, as determined by the Secretary consistent 
with data of the United States Geological Survey; 
and 
‘‘(2) where groundwater monitoring and permit-
ting exists through the State, a local government, or 
a groundwater management district. 
‘‘(g) METHOD
OF ENROLLMENT.—The Secretary 
shall enroll eligible water rights and eligible land under 
this section through the use of— 
‘‘(1) permanent easements; or 
‘‘(2) easements for the maximum duration al-
lowed under applicable State laws. 
‘‘(h) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance, if requested, to assist in— 
‘‘(1) compliance with the terms and conditions 
of groundwater conservation easements; and 
‘‘(2) implementation of an approved ground-
water conservation easement plan described in sub-
section (e)(4)(C)(iv).’’. 
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SEC. 3. ADJUSTED GROSS INCOME LIMITATION. 
Section 1001D of the Food Security Act of 1985 (7 
U.S.C. 1308–3a) is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘In this’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—In this’’; and 
(B) by adding at the end the following: 
‘‘(B) EXCLUSION.—In this section, the 
term ‘average adjusted gross income’ does not 
include any income received by a person or legal 
entity that is a landowner of eligible land (as 
defined in section 1265A) as compensation for 
the purchase of an agricultural land easement 
under subtitle H.’’; and 
(2) in subsection (b)(3), by inserting ‘‘, or aqui-
fer recovery or a permanent reduction in consump-
tive use of water would be achieved,’’ after ‘‘pro-
tected’’. 
Æ 
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