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(b) LOAN
RATES
FOR
MARKETING
ASSISTANCE
LOANS.—
(1) IN GENERAL.—Section 132 of the Federal
Agriculture Improvement and Reform Act of 1996 (as
amended by section 123(a)) is amended to read as fol-
lows:
‘‘SEC. 132. LOAN RATES.
‘‘The loan rate for a marketing assistance loan under
section 131 for a loan commodity shall be—
‘‘(1) in the case of wheat, $2.9960 per bushel;
‘‘(2) in the case of corn, $2.0772 per bushel;
‘‘(3) in the case of grain sorghum, $2.0772 per
bushel;
‘‘(4) in the case of barley, $1.9973 per bushel;
‘‘(5) in the case of oats, $1.4980 per bushel;
‘‘(6) in the case of upland cotton, $0.5493 per
pound;
‘‘(7) in the case of extra long staple cotton,
$0.7965 per pound;
‘‘(8) in the case of rice, $6.4914 per hundred-
weight;
‘‘(9) in the case of soybeans, $5.1931 per bushel;
‘‘(10) in the case of oilseeds (other than soy-
beans), $0.0949 per pound;
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‘‘(11) in the case of graded wool, $1.00 per
pound;
‘‘(12) in the case of nongraded wool, $0.40 per
pound;
‘‘(13) in the case of mohair, $2.00 per pound;
‘‘(14) in the case of honey, $0.60 per pound;
‘‘(15) in the case of dry peas, $6.78 per hundred-
weight;
‘‘(16) in the case of lentils, $12.79 per hundred-
weight;
‘‘(17) in the case of large chickpeas, $17.44 per
hundredweight; and
‘‘(18) in the case of small chickpeas, $8.10 per
hundredweight.’’.
(2) ADJUSTMENT OF LOANS.—
(A) IN
GENERAL.—The amendment made
by section 123(b) is repealed.
(B) APPLICABILITY.—Section 162 of the
Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7282) shall be applied and
administered as if the amendment made by sec-
tion 123(b) had not been enacted.
(c) FOOD STAMP PROGRAM.—
(1) SIMPLIFIED RESOURCE ELIGIBILITY LIMIT.—
Section 5(g)(1) of the Food Stamp Act of 1977 (7
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U.S.C. 2014(g)(1)) is amended by striking ‘‘a member
who is 60 years of age or older’’ and inserting ‘‘an
elderly or disabled member’’.
(2) INCREASE
IN
BENEFITS
TO
HOUSEHOLDS
WITH CHILDREN.—Section 5(e) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(e)) is amended by striking
paragraph (1) and inserting the following:
‘‘(1) STANDARD DEDUCTION.—
‘‘(A) IN
GENERAL.—Subject to the other
provisions of this paragraph, the Secretary shall
allow a standard deduction for each household
that is—
‘‘(i) equal to the applicable percentage
specified in subparagraph (D) of the income
standard of eligibility established under
subsection (c)(1); but
‘‘(ii) not less than the minimum de-
duction specified in subparagraph (E).
‘‘(B) GUAM.—The Secretary shall allow a
standard deduction for each household in Guam
that is—
‘‘(i) equal to the applicable percentage
specified in subparagraph (D) of twice the
income standard of eligibility established
under subsection (c)(1) for the 48 contig-
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uous States and the District of Columbia;
but
‘‘(ii) not less than the minimum de-
duction for Guam specified in subpara-
graph (E).
‘‘(C) HOUSEHOLDS OF 6 OR MORE MEM-
BERS.—The income standard of eligibility estab-
lished under subsection (c)(1) for a household of
6 members shall be used to calculate the standard
deduction for each household of 6 or more mem-
bers.
‘‘(D) APPLICABLE
PERCENTAGE.—For the
purpose of subparagraph (A), the applicable per-
centage shall be—
‘‘(i) 8 percent for each of fiscal years
2002 through 2004;
‘‘(ii) 8.5 percent for each of fiscal years
2005 through 2007;
‘‘(iii) 9 percent for each of fiscal years
2008 through 2010; and
‘‘(iv) 10 percent for each fiscal year
thereafter.
‘‘(E) MINIMUM DEDUCTION.—The minimum
deduction shall be $134, $229, $189, $269, and
$118 for the 48 contiguous States and the Dis-
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trict of Columbia, Alaska, Hawaii, Guam, and
the Virgin Islands of the United States, respec-
tively.’’.
(3) EFFECTIVENESS OF CERTAIN PROVISIONS.—
Sections 413 and 165(c)(1) shall have no effect.
SEC. 
172. 
REPORTS 
ON 
EQUITABLE 
RELIEF 
AND
MISACTION-MISINFORMATION REQUESTS.
Section 195 of the Federal Agriculture Improvement
and Reform Act of 1996 (Public Law 104–127; 110 Stat.
946) is amended to read as follows:
‘‘SEC. 
195. 
REPORTS 
ON 
EQUITABLE 
RELIEF 
AND
MISACTION-MISINFORMATION REQUESTS.
‘‘(a) IN GENERAL.—Not later than 90 days after the
date of enactment of the Agriculture, Conservation, and
Rural Enhancement Act of 2002 and not later than Decem-
ber 1 of fiscal year 2003 and each subsequent fiscal year,
the Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report that
describes—
‘‘(1) the number of requests received by the Sec-
retary during the preceding fiscal year for equitable
relief under programs carried out by the Farm Serv-
ice Agency and the Natural Resources Conservation
Service, including a description (by program) of—
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‘‘(A) the number of requests received;
‘‘(B) the number of requests approved by the
Secretary; and
‘‘(C) the basis for the approval or denial of
the requests; and
‘‘(2) the number of requests received by the Sec-
retary during the preceding fiscal year for relief de-
scribed in section 326 of the Food and Agriculture Act
of 1962 (7 U.S.C. 1339a) with respect to programs
carried out under this title, including a description
(by program) of—
‘‘(A) the number of requests received;
‘‘(B) the number of requests approved by the
Secretary; and
‘‘(C) the basis for the approval or denial of
the requests.
‘‘(b) APPEALS.—The Secretary, acting through the Di-
rector of the National Appeals Division, shall include in
each report submitted under subsection (a) a description of
actions taken by the Division taken during the preceding
fiscal year with respect to requests for relief described in
subsection (a).’’.
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SEC. 173. ESTIMATES OF NET FARM INCOME.
Title I of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7201 et seq.) is amended by
adding at the end the following:
‘‘SEC. 197. ESTIMATES OF NET FARM INCOME.
‘‘In each issuance of projections of net farm income,
the Secretary shall include (as determined by the Sec-
retary)—
‘‘(1) an estimate of the net farm income earned
by commercial producers in the United States; and
‘‘(2) an estimate of the net farm income attrib-
utable to commercial producers of each of—
‘‘(A) livestock;
‘‘(B) loan commodities; and
‘‘(C) agricultural commodities other than
loan commodities.’’.
SEC. 174. COMMODITY CREDIT CORPORATION INVENTORY.
Section 5 of the Commodity Credit Corporation Char-
ter Act (15 U.S.C. 714c) is amended in the last sentence
by inserting before the period at the end the following: ‘‘(in-
cluding, at the option of the Corporation, the use of private
sector entities)’’.
SEC. 175. AGRICULTURAL PRODUCERS SUPPLEMENTAL
PAYMENTS AND ASSISTANCE.
(a) IN GENERAL.—The Secretary of Agriculture may
use such funds of the Commodity Credit Corporation as are
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necessary to provide payments and assistance under Public
Law 107–25 (115 Stat. 201) to persons that (as determined
by the Secretary)—
(1) are eligible to receive the payments or assist-
ance; but
(2) did not receive the payments or assistance
prior to October 1, 2001.
(b) LIMITATION.—The amount of payments or assist-
ance provided under Public Law 107–25 and this section
to an eligible person described in subsection (a) shall not
exceed the amount of payments or assistance the person
would have been eligible to receive under Public Law 107–
25.
Subtitle E—Payment Limitation
Commission
SEC. 181. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the ‘‘Commission on the Application
of Payment Limitations for Agriculture’’ (referred to in this
subtitle as the ‘‘Commission’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—
(A) IN GENERAL.—The Commission shall be
composed of 11 members appointed as follows:
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(i) 3 members shall be appointed by
the President, of whom 2 shall be from land
grant colleges or universities and have ex-
pertise in agricultural economics.
(ii) 1 member shall be appointed by
the Majority Leader of the Senate.
(iii) 1 member shall be appointed by
the Minority Leader of the Senate.
(iv) 1 member shall be appointed by
the Speaker of the House of Representatives.
(v) 1 member shall be appointed by the
Minority Leader of the House of Represent-
atives.
(vi) 1 member shall be appointed by
the Chairman of the Committee on Agri-
culture, Nutrition, and Forestry of the Sen-
ate.
(vii) 1 member shall be appointed by
the ranking minority member of the Com-
mittee on Agriculture, Nutrition, and For-
estry of the Senate.
(viii) 1 member shall be appointed by
the Chairman of the Committee on Agri-
culture of the House of Representatives.
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(ix) 1 member shall be appointed by
the ranking minority member of the Com-
mittee on Agriculture of the House of Rep-
resentatives.
(B) DIVERSITY OF VIEWS.—The appointing
authorities under subparagraph (A) shall seek to
ensure that the membership of the Commission
has a diversity of experiences and expertise on
the issues to be studied by the Commission, such
as agricultural production, agricultural lending,
farmland appraisal, agricultural accounting and
finance, and other relevant areas.
(2) FEDERAL GOVERNMENT EMPLOYMENT.—The
membership of the Commission may include 1 or
more employees of the Department of Agriculture or
other Federal agencies.
(3) DATE OF APPOINTMENTS.—The appointment
of a member of the Commission shall be made not
later than 60 days after the date of enactment of this
Act.
(c) TERM; VACANCIES.—
(1) TERM.—A member shall be appointed for the
life of the Commission.
(2) 
VACANCIES.—A 
vacancy 
on 
the
Commission—
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(A) shall not affect the powers of the Com-
mission; and
(B) shall be filled in the same manner as
the original appointment was made.
(d) INITIAL MEETING.—Not later than 30 days after
the date on which all members of the Commission have been
appointed, the Commission shall hold the initial meeting
of the Commission.
(e) MEETINGS.—The Commission shall meet—
(1) on a regular basis, as determined by the
Chairperson; and
(2) at the call of the Chairperson or a majority
of the members of the Commission.
(f) QUORUM.—A majority of the members of the Com-
mission shall constitute a quorum for the transaction of
business, but a lesser number of members may hold hear-
ings.
(g) CHAIRPERSON.—The Secretary shall appoint 1 of
the members of the Commission to serve as Chairperson of
the Commission.
SEC. 182. DUTIES.
(a) COMPREHENSIVE REVIEW.—The Commission shall
conduct a comprehensive review of—
(1) the laws (including regulations) that apply
or fail to apply payment limitations to agricultural
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(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
President, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report containing the
results of the review conducted, and any recommendations
developed, under this section.
SEC. 183. POWERS.
(a) HEARINGS.—The Commission may hold such hear-
ings, meet and act at such times and places, take such testi-
mony, and receive such evidence as the Commission con-
siders advisable to carry out this subtitle.
(b) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission may secure
directly from a Federal agency such information as
the Commission considers necessary to carry out this
subtitle.
(2) PROVISION OF INFORMATION.—On request of
the Chairperson of the Commission, the head of the
agency shall provide the information to the Commis-
sion.
(c) POSTAL SERVICES.—The Commission may use the
United States mails in the same manner and under the
same conditions as other agencies of the Federal Govern-
ment.
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(d) ASSISTANCE FROM SECRETARY.—The Secretary
may provide to the Commission appropriate office space
and such reasonable administrative and support services as
the Commission may request.
SEC. 184. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—
(1) NON-FEDERAL
EMPLOYEES.—A member of
the Commission who is not an officer or employee of
the Federal Government shall be compensated at a
rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during
which the member is engaged in the performance of
the duties of the Commission.
(2) FEDERAL
EMPLOYEES.—A member of the
Commission who is an officer or employee of the Fed-
eral Government shall serve without compensation in
addition to the compensation received for the services
of the member as an officer or employee of the Federal
Government.
(b) TRAVEL EXPENSES.—A member of the Commission
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for an employee of an
agency under subchapter I of chapter 57 of title 5, United
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States Code, while away from the home or regular place
of business of the member in the performance of the duties
of the Commission.
SEC. 185. FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission or any proceeding of
the Commission.
SEC. 186. FUNDING.
Of the funds of the Commodity Credit Corporation, the
Secretary shall use not more than $100,000 to carry out
this subtitle.
SEC. 187. TERMINATION OF COMMISSION.
The Commission shall terminate on the day after the
date on which the Commission submits the report of the
Commission under section 182(c).
Subtitle F—Emergency Agriculture
Assistance
SEC. 191. INCOME LOSS ASSISTANCE.
(a) IN GENERAL.—The Secretary of Agriculture (re-
ferred to in this subtitle as the ‘‘Secretary’’) shall use
$1,800,000,000 of funds of the Commodity Credit Corpora-
tion to make emergency financial assistance available to
producers on a farm that have incurred qualifying income
losses in calendar year 2001, including losses due to army
worms.
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(b) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner
as provided under section 815 of the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106–387;
114 Stat. 1549A–55), including using the same loss thresh-
olds for the quantity and economic losses as were used in
administering that section.
(c) USE OF FUNDS FOR CASH PAYMENTS.—The Sec-
retary may use funds made available under this section to
make, in a manner consistent with this section, cash pay-
ments not for crop disasters, but for income loss to carry
out the purposes of this section.
SEC. 192. LIVESTOCK ASSISTANCE PROGRAM.
(a) 
IN
GENERAL.—The 
Secretary 
shall 
use
$500,000,000 of the funds of the Commodity Credit Cor-
poration to make and administer payments for livestock
losses to producers for 2001 losses in a county that has re-
ceived an emergency designation by the President or the
Secretary after January 1, 2001, of which $12,000,000 shall
be made available for the American Indian livestock pro-
gram under section 806 of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agen-
cies Appropriations Act, 2001 (Public Law 106–387; 114
Stat. 1549A–51).
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(b) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner
as provided under section 806 of the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 105–277;
114 Stat. 1549A–51).
SEC. 193. MARKET LOSS ASSISTANCE FOR APPLE PRO-
DUCERS.
(a) IN GENERAL.—The Secretary of Agriculture shall
use $100,000,000 of funds of the Commodity Credit Cor-
poration for fiscal year 2002 to make payments to apple
producers, as soon as practicable after the date of enactment
of this Act, for the loss of markets during the 2000 crop
year.
(b) PAYMENT QUANTITY.—A payment to the producers
on a farm for the 2000 crop year under this section shall
be made on the lesser of—
(1) the quantity of apples produced by the pro-
ducers on the farm during the 2000 crop year; or
(2) 5,000,000 pounds of apples.
(c) LIMITATIONS.—The Secretary shall not establish a
payment limitation, or income eligibility limitation, with
respect to payments made under this section.
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SEC. 194. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and au-
thorities of the Commodity Credit Corporation to carry out
this subtitle.
SEC. 195. ADMINISTRATIVE EXPENSES.
(a) IN GENERAL.—In addition to funds otherwise
available, not later than 30 days after the date of enactment
of this Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer
to the Secretary of Agriculture to pay the salaries and ex-
penses of the Department of Agriculture in carrying out this
subtitle $50,000,000, to remain available until expended.
(b) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this section the funds transferred under subsection (a),
without further appropriation.
SEC. 196. REGULATIONS.
(a) IN GENERAL.—The Secretary may promulgate
such regulations as are necessary to implement this subtitle.
(b) PROCEDURE.—The promulgation of the regulations
and administration of this subtitle shall be made without
regard to—
(1) the notice and comment provisions of section
553 of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
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13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction
Act’’).
(c) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out this section, the Secretary shall
use the authority provided under section 808 of title 5,
United States Code.
SEC. 197. EMERGENCY REQUIREMENT.
The entire amount necessary to carry out this subtitle
is designated by Congress as an emergency requirement
pursuant to section 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(e)).
TITLE II—CONSERVATION
Subtitle A—Conservation Security
SEC. 201. CONSERVATION SECURITY PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3830 et seq.) is amended by inserting after chap-
ter 1 the following:
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‘‘CHAPTER 2—CONSERVATION SECURITY
AND FARMLAND PROTECTION
‘‘Subchapter A—Conservation Security
Program
‘‘SEC. 1238. DEFINITIONS.
‘‘In this subchapter:
‘‘(1) BASE PAYMENT.—The term ‘base payment’
means the amount paid to a producer under a con-
servation security contract that is equal to the total
of the amounts described in clauses (i) and (ii) of
subparagraphs 
(C), 
(D), 
or 
(E) 
of 
section
1238C(b)(1), as appropriate.
‘‘(2) BEGINNING
FARMER
OR
RANCHER.—The
term ‘beginning farmer or rancher’ has the meaning
provided under section 343(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C.
1999(a)).
‘‘(3) BONUS AMOUNT.—The term ‘bonus amount’
means the amount paid to a producer under a con-
servation security contract that is equal to the total
of the amounts described in clauses (iii) and (iv) of
subparagraph (C), and of clause (iii) of subparagraph
(D) or (E), of section 1238C(b)(1), as appropriate.
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‘‘(4) CONSERVATION PRACTICE.—The term ‘con-
servation practice’ means a land-based farming tech-
nique that—
‘‘(A) requires planning, implementation,
management, and maintenance; and
‘‘(B) promotes 1 or more of the purposes de-
scribed in section 1238A(a).
‘‘(5) CONSERVATION SECURITY CONTRACT.—The
term ‘conservation security contract’ means a con-
tract described in section 1238A(e).
‘‘(6) CONSERVATION SECURITY PLAN.—The term
‘conservation security plan’ means a plan described
in section 1238A(c).
‘‘(7) CONSERVATION SECURITY PROGRAM.—The
term ‘conservation security program’ means the pro-
gram established under section 1238A(a).
‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
‘‘(9) NUTRIENT MANAGEMENT.—The term ‘nutri-
ent management’ means management of the quantity,
source, placement, form, and timing of the land ap-
plication of nutrients and other additions to soil on
land enrolled in the conservation security program—
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‘‘(A) to achieve or maintain adequate soil
fertility for agricultural production;
‘‘(B) to minimize the potential for loss of
environmental quality, including soil, water, fish
and wildlife habitat, and air and water quality;
and
‘‘(C) to reduce energy consumption.
‘‘(10) PRODUCER.—
‘‘(A) IN
GENERAL.—The term ‘producer’
means an owner, operator, landlord, tenant, or
sharecropper that—
‘‘(i) shares in the risk of producing
any crop or livestock; and
‘‘(ii) is entitled to share in the crop or
livestock available for marketing from a
farm (or would have shared had the crop or
livestock been produced).
‘‘(B) HYBRID
SEED
GROWERS.—In deter-
mining whether a grower of hybrid seed is a pro-
ducer, the Secretary shall not take into consider-
ation the existence of a hybrid seed contract.
‘‘(11) RESOURCE OF CONCERN.—The term ‘re-
source of concern’ means a conservation priority of a
State and locality under section 1238A(c)(3).
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‘‘(12) RESOURCE-CONSERVING CROP.—The term
‘resource-conserving crop’ means—
‘‘(A) a perennial grass;
‘‘(B) a legume grown for use as—
‘‘(i) forage;
‘‘(ii) seed for planting; or
‘‘(iii) green manure;
‘‘(C) a legume-grass mixture;
‘‘(D) a small grain grown in combination
with a grass or legume, whether interseeded or
planted in succession; and
‘‘(E) such other plantings, including trees
and annual grasses, as the Secretary considers
appropriate for a particular area.
‘‘(13) 
RESOURCE-CONSERVING
CROP
ROTA-
TION.—The term ‘resource-conserving crop rotation’
means a crop rotation that—
‘‘(A) includes at least 1 resource-conserving
crop;
‘‘(B) reduces erosion;
‘‘(C) improves soil fertility and tilth; and
‘‘(D) interrupts pest cycles.
‘‘(14) RESOURCE
MANAGEMENT
SYSTEM.—The
term ‘resource management system’ means a system of
conservation practices and management relating to
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land or water use that is designed to prevent resource
degradation and permit sustained use of land, water,
and other natural resources, as defined in accordance
with the technical guide of the Natural Resources
Conservation Service.
‘‘(15) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture, acting through the Nat-
ural Resources Conservation Service.
‘‘(16) TIER
I
CONSERVATION
PRACTICE.—The
term ‘Tier I conservation practice’ means a conserva-
tion practice described in section 1238A(d)(4)(A)(ii).
‘‘(17) TIER
I
CONSERVATION
SECURITY
CON-
TRACT.—The term ‘Tier I conservation security con-
tract’ 
means 
a 
contract 
described 
in 
section
1238A(d)(4)(A).
‘‘(18) TIER
II
CONSERVATION
PRACTICE.—The
term ‘Tier II conservation practice’ means a con-
servation 
practice 
described 
in 
section
1238A(d)(4)(B)(ii).
‘‘(19) TIER
II
CONSERVATION
SECURITY
CON-
TRACT.—The term ‘Tier II conservation security con-
tract’ 
means 
a 
contract 
described 
in 
section
1238A(d)(4)(B).
‘‘(20) TIER III CONSERVATION PRACTICE.—The
term ‘Tier III conservation practice’ means a con-
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servation 
practice 
described 
in 
section
1238A(d)(4)(C)(ii).
‘‘(21) TIER
III
CONSERVATION
SECURITY
CON-
TRACT.—The term ‘Tier III conservation security
contract’ means a contract described in section
1238A(d)(4)(C).
‘‘SEC. 1238A. CONSERVATION SECURITY PROGRAM.
‘‘(a) IN GENERAL.—For each of fiscal years 2003
through 2006, the Secretary shall establish a conservation
security program to assist owners and operators of agricul-
tural operations to promote, as is applicable for each
operation—
‘‘(1) conservation of soil, water, energy, and
other related resources;
‘‘(2) soil quality protection and improvement;
‘‘(3) water quality protection and improvement;
‘‘(4) air quality protection and improvement;
‘‘(5) soil, plant, or animal health and well-being;
‘‘(6) diversity of flora and fauna;
‘‘(7) on-farm conservation and regeneration of
biological resources, including plant and animal
germplasm;
‘‘(8) wetland restoration, conservation, and en-
hancement;
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‘‘(9) wildlife habitat management, with special
emphasis on species identified by any natural herit-
age program of the applicable State;
‘‘(10) reduction of greenhouse gas emissions and
enhancement of carbon sequestration;
‘‘(11) environmentally sound management of
invasive species; or
‘‘(12) any similar conservation purpose (as de-
termined by the Secretary).
‘‘(b) ELIGIBILITY.—
‘‘(1) ELIGIBLE OWNERS AND OPERATORS.—To be
eligible to participate in the conservation security
program (other than to receive technical assistance
under section 1238C(g) for the development of con-
servation security contracts), a producer shall—
‘‘(A) develop and submit to the Secretary,
and obtain the approval of the Secretary of, a
conservation security plan that meets the re-
quirements of subsection (c)(1); and
‘‘(B) enter into a conservation security con-
tract with the Secretary to carry out the con-
servation security plan.
‘‘(2) ELIGIBLE LAND.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (C)(iii), private agricultural land
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(including cropland, grassland, prairie land,
pasture land, and rangeland) and land under
the jurisdiction of an Indian tribe shall be eligi-
ble for enrollment in the conservation security
program.
‘‘(B) FORESTED
LAND.—Private forested
land shall be eligible for enrollment in the con-
servation security program if the forested land is
part of the agricultural land described in sub-
paragraph (A), including land that is used for—
‘‘(i) alley cropping;
‘‘(ii) forest farming;
‘‘(iii) forest buffers;
‘‘(iv) windbreaks;
‘‘(v) silvopasture systems; and
‘‘(vi) such other integrated agroforestry
uses as the Secretary may determine to be
appropriate.
‘‘(C) EXCLUSIONS.—
‘‘(i) CONSERVATION
RESERVE
PRO-
GRAM.—Land enrolled in the conservation
reserve program under subchapter B of
chapter 1 shall not be eligible for enrollment
in the conservation security program except
for land described in section 1231(b)(6).
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‘‘(ii) WETLANDS RESERVE PROGRAM.—
Land enrolled in the wetlands reserve pro-
gram established under subchapter C of
chapter 1 shall not be eligible for enrollment
in the conservation security program.
‘‘(iii) CONVERSION
TO
CROPLAND.—
Land that is used for crop production after
the date of enactment of this subchapter
that had not been in crop production for at
least 3 of the 10 years preceding that date
(except for land enrolled in the conservation
reserve program under subchapter B of
chapter 1) shall not be eligible for enroll-
ment in the conservation security program.
‘‘(3) SUSTAINABLE ECONOMIC USES.—The Sec-
retary shall permit a producer to implement, with re-
spect to all eligible land covered by a conservation se-
curity plan, sustainable economic uses (including
Tier II conservation practices) that—
‘‘(A) maintain the agricultural nature of
the land; and
‘‘(B) are consistent with the natural re-
source and environmental benefits of the con-
servation security plan.
‘‘(c) CONSERVATION SECURITY PLANS.—
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‘‘(1) IN GENERAL.—A conservation security plan
shall—
‘‘(A) identify the resources and designated
land to be conserved under the conservation secu-
rity plan;
‘‘(B) describe—
‘‘(i) the tier of conservation security
contracts, and the particular conservation
practices, to be implemented, maintained,
or improved, in accordance with subsection
(d) on the land covered by the conservation
security contract for the specified term; and
‘‘(ii) as appropriate for the land cov-
ered by the conservation security contract,
the minimum number, type, extent, and
scope of conservation practices described in
clause (i) that are required to be carried out
on the land before the producer is eligible to
receive—
‘‘(I) a base payment; and
‘‘(II) a bonus amount;
‘‘(C) contain a schedule for the implementa-
tion, maintenance, or improvement of the con-
servation practices described in the conservation
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security plan during the term of the conservation
security contract;
‘‘(D) meet the highly erodible land and wet-
land conservation requirements of subtitles B
and C; and
‘‘(E) identify, and authorize the implemen-
tation of, sustainable economic uses described in
subsection (b)(3).
‘‘(2) 
COMPREHENSIVE
PLANNING.—The 
Sec-
retary shall encourage owners and operators that
enter into conservation security contracts—
‘‘(A) to undertake a comprehensive exam-
ination of the opportunities for conserving nat-
ural resources and improving the profitability,
environmental health, and quality of life in rela-
tion to their entire agricultural operation;
‘‘(B) to develop a long-term strategy for im-
plementing, monitoring, and evaluating con-
servation practices and environmental results in
the entire agricultural operation;
‘‘(C) to participate in other Federal, State,
local, or private conservation programs;
‘‘(D) to maintain the agricultural integrity
of the land; and
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‘‘(E) to adopt innovative conservation tech-
nologies and management practices or update ex-
isting technologies and practices.
‘‘(3) STATE, TRIBAL, AND LOCAL CONSERVATION
PRIORITIES.—
‘‘(A) IN GENERAL.—To the maximum ex-
tent practicable and in a manner consistent with
the conservation security program, each con-
servation security plan shall address, at least,
the conservation priorities of the State or Indian
tribe, and locality in which the agricultural op-
eration is located.
‘‘(B) ADMINISTRATION.—The conservation
priorities of the State, Indian tribe, and locality
in which the agricultural operation is located
shall be—
‘‘(i)(I) determined by the State con-
servationist, in consultation with the State
technical committee established under sub-
title G and the local subcommittee of the
State technical committee; and
‘‘(II) approved by the Secretary; and
‘‘(ii) in the case of land under the ju-
risdiction of an Indian tribe—
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‘‘(I) determined by the Indian
tribe, after consultation with the Sec-
retary; and
‘‘(II) approved by the Secretary.
‘‘(4) SUBMISSION OF PLAN.—
‘‘(A) IN GENERAL.—During the development
of a conservation security plan by a producer, at
the request of the producer, the Secretary shall
supply to the producer a statement of the min-
imum number, type, and scope of conservation
practices described in paragraph (1)(B)(ii).
‘‘(B) APPROVAL FOR BASE PAYMENTS.—If a
conservation security plan submitted to the Sec-
retary contains, in addition to paragraph
(1)(C), the conservation practices referred to in
paragraph (1)(B)(ii)—
‘‘(i) the Secretary shall approve the
conservation security plan; and
‘‘(ii) the producer of the conservation
security plan, on approval of and compli-
ance with the plan, as determined by the
Secretary, shall be eligible to receive a base
payment.
‘‘(C) APPROVAL FOR BONUS AMOUNTS.—If a
conservation security plan submitted to the Sec-
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retary contains a proposal for the implementa-
tion, maintenance, or improvement of a con-
servation practice that qualifies for a bonus
amount under section 1238C(b)(1)(C)(iii), the
Secretary may increase the payment of the pro-
ducer by such bonus amount as the Secretary de-
termines is appropriate.
‘‘(d) CONSERVATION CONTRACTS AND PRACTICES.—
‘‘(1) IN GENERAL.—
‘‘(A) ESTABLISHMENT OF TIERS.—The Sec-
retary shall establish 3 tiers of conservation con-
tracts under which a payment under this sub-
chapter may be received.
‘‘(B) 
ELIGIBLE
CONSERVATION
PRAC-
TICES.—
‘‘(i) IN GENERAL.—The Secretary shall
make eligible for payment under a conserva-
tion security contract land management,
vegetative, and structural practices that—
‘‘(I) are necessary to achieve the
purposes of the conservation security
plan; and
‘‘(II) primarily provide for, and
have as a primary purpose, resource
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protection and environmental improve-
ment.
‘‘(ii) DETERMINATION.—
‘‘(I) IN
GENERAL.—Subject to
subclause (II), in determining the eli-
gibility of a practice described in
clause (i), the Secretary shall require,
to the maximum extent practicable, the
lowest cost alternatives be used to ful-
fill the purposes of the conservation se-
curity plan, as determined by the Sec-
retary.
‘‘(II) 
INNOVATIVE
TECH-
NOLOGIES.—Subclause (I) shall not
apply, to the maximum extent prac-
ticable, to the adoption of innovative
technologies.
‘‘(2) ON-FARM
RESEARCH
AND
DEMONSTRA-
TION.—With respect to land enrolled in the conserva-
tion security program that will be maintained using
a Tier II conservation practice or a Tier III con-
servation practice, the Secretary may approve a con-
servation security plan that includes on-farm con-
servation research and demonstration activities,
including—
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‘‘(A) total farm planning;
‘‘(B) total resource management;
‘‘(C) integrated farming systems;
‘‘(D) germplasm conservation and regenera-
tion;
‘‘(E) greenhouse gas reduction and carbon
sequestration;
‘‘(F) agroecological restoration and wildlife
habitat restoration;
‘‘(G) agroforestry;
‘‘(H) invasive species control;
‘‘(I) energy conservation and management;
‘‘(J) farm and environmental results moni-
toring and evaluation; or
‘‘(K) participation in research projects re-
lating to water conservation and management
through—
‘‘(i) recycling or reuse of water; or
‘‘(ii) more efficient irrigation of farm-
land.
‘‘(3) USE OF HANDBOOK AND GUIDES.—
‘‘(A) IN GENERAL.—In determining eligible
conservation practices under the conservation se-
curity program, the Secretary shall use the Na-
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tional Handbook of Conservation Practices of the
Natural Resources Conservation Service.
‘‘(B) 
CONSERVATION
PRACTICE
STAND-
ARDS.—To the maximum extent practicable, the
Secretary shall establish guidance standards for
implementation of eligible conservation practices
that shall include measurable goals for enhanc-
ing and preventing degradation of resources.
‘‘(C) ADJUSTMENTS.—
‘‘(i) IN GENERAL.—After providing no-
tice and an opportunity for public partici-
pation, the Secretary shall make such ad-
justments to the National Handbook of Con-
servation Practices, and the field office tech-
nical guides, of the Natural Resources Con-
servation Service as are necessary to carry
out this chapter.
‘‘(ii) EFFECT
ON
PLAN.—If the Sec-
retary makes an adjustment to a practice
under clause (i), the Secretary may require
an adjustment to a conservation security
plan in effect as of the date of the adjust-
ment if the Secretary determines that the
plan, without the adjustment, would signifi-
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cantly interfere with achieving the purposes
of the conservation security program.
‘‘(D) PILOT TESTING.—
‘‘(i) IN GENERAL.—Under any of the 3
tiers of conservation practices established
under paragraph (4), the Secretary may
approve requests by a producer for pilot
testing of new technologies and innovative
conservation practices and systems.
‘‘(ii) INCORPORATION
INTO
STAND-
ARDS.—
‘‘(I) IN GENERAL.—After evalua-
tion by the Secretary and provision of
notice and an opportunity for public
participation, the Secretary may, as
expeditiously as practicable, approve
new technologies and innovative con-
servation practices and systems.
‘‘(II) 
INCORPORATION.—If 
the
Secretary approves a new technology
or innovative conservation practice
under subclause (I), the Secretary
shall, as expeditiously as practicable,
incorporate the technology or practice
into the standards for implementation
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of conservation practices established
under paragraph (3).
‘‘(4) TIERS.—Subject to paragraph (5), to carry
out this subsection, the Secretary shall establish the
following 3 tiers of conservation contracts:
‘‘(A) TIER I CONSERVATION CONTRACTS.—
‘‘(i) IN GENERAL.—A conservation se-
curity plan for land enrolled in the con-
servation security program under a Tier I
conservation security contract shall be
maintained using Tier I conservation prac-
tices and shall, at a minimum—
‘‘(I) if applicable to the particular
agricultural operation, address at least
1 resource of concern;
‘‘(II) apply to the total agricul-
tural operation or to a particular unit
of the agricultural operation;
‘‘(III) cover—
‘‘(aa) management of con-
servation practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
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‘‘(bb) conservation practices
that are implemented after the
date on which the conservation se-
curity contract is entered into;
and
‘‘(IV) meet applicable standards
for implementation of conservation
practices established under paragraph
(3).
‘‘(ii) CONSERVATION PRACTICES.—Tier
I conservation practices shall consist of, as
appropriate for the agricultural operation
of a producer, 1 or more of the following
basic conservation activities:
‘‘(I) Nutrient management.
‘‘(II) Integrated pest management.
‘‘(III) Irrigation, water conserva-
tion, and water quality management.
‘‘(IV) Grazing pasture and range-
land management.
‘‘(V) Soil conservation, quality,
and residue management.
‘‘(VI) Invasive species manage-
ment.
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‘‘(VII) Fish and wildlife habitat
management, with special emphasis on
species identified by any natural herit-
age program of the applicable State or
the appropriate State agency.
‘‘(VIII) Fish and wildlife con-
servation and enhancement.
‘‘(IX) Air quality management.
‘‘(X) Energy conservation meas-
ures.
‘‘(XI) Biological resource con-
servation and regeneration.
‘‘(XII) Animal health manage-
ment.
‘‘(XIII) 
Plant 
and 
animal
germplasm conservation, evaluation,
and development.
‘‘(XIV) Contour farming.
‘‘(XV) Strip cropping.
‘‘(XVI) Cover cropping.
‘‘(XVII) Sediment dams.
‘‘(XVIII) Any other conservation
practice that the Secretary determines
to be appropriate and comparable to
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other conservation practices described
in this clause.
‘‘(iii) TIER
II
CONSERVATION
CON-
TRACTS.—A conservation security plan for
land enrolled in the conservation security
program that will be maintained using Tier
I conservation contracts may include Tier
II conservation practices.
‘‘(B) TIER II CONSERVATION PRACTICES.—
‘‘(i) IN GENERAL.—A conservation se-
curity plan for land enrolled in the con-
servation security program under a Tier II
conservation security contract shall be
maintained using Tier II conservation
practices and shall, at a minimum—
‘‘(I) as applicable to the par-
ticular agricultural operation, address
at least 1 resource of concern for the
entire agricultural operation;
‘‘(II) cover—
‘‘(aa) management of con-
servation practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
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‘‘(bb) conservation practices
that are implemented after the
date on which the conservation se-
curity contract is entered into;
and
‘‘(III) meet applicable resource
management system criteria for 1 or
more resources of concern of the agri-
cultural operation, as specified in the
conservation security contract.
‘‘(ii) CONSERVATION
PRACTICES
AND
REQUIREMENTS.—Tier 
II 
conservation
practices and requirements shall consist of,
as appropriate for the agricultural oper-
ation of a producer, any of the Tier I con-
servation practices and 1 or more of the fol-
lowing land use adjustment or protection
practices:
‘‘(I) Resource-conserving crop ro-
tations.
‘‘(II) Controlled, rotational graz-
ing.
‘‘(III) Conversion of portions of
cropland from a soil-depleting use to a
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soil-conserving use, including produc-
tion of cover crops.
‘‘(IV) Partial field conservation
practices (including windbreaks, grass
waterways, shelter belts, filter strips,
riparian buffers, wetland buffers, con-
tour buffer strips, living snow fences,
crosswind trap strips, field borders,
grass terraces, wildlife corridors, and
critical area planting appropriate to
the agricultural operation).
‘‘(V) Fish and wildlife habitat
conservation and restoration.
‘‘(VI) Native grassland and prai-
rie protection and restoration.
‘‘(VII) Wetland protection and
restoration.
‘‘(VIII) Agroforestry practices and
systems as described in subsection
(b)(2)(B).
‘‘(IX) 
Any 
other 
conservation
practice involving modification of the
use of land that the Secretary deter-
mines to be appropriate and com-
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parable to other conservation practices
described in this clause.
‘‘(C) TIER III CONSERVATION CONTRACTS.—
‘‘(i) IN GENERAL.—A conservation se-
curity plan for land enrolled in the con-
servation security program under a Tier III
conservation security contract shall be
maintained using Tier III conservation
contracts and shall, at a minimum—
‘‘(I) address all applicable re-
sources of concern in the total agricul-
tural operation;
‘‘(II) cover—
‘‘(aa) management of con-
servation practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
‘‘(bb) conservation practices
that are implemented after the
date on which the conservation se-
curity contract is entered into;
and
‘‘(III) meet applicable resource
management system criteria for 1 or
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more resources of concern of the agri-
cultural operation, as specified in the
conservation security contract.
‘‘(ii) CONSERVATION PRACTICES.—Tier
III conservation practices shall consist of,
as appropriate for the agricultural oper-
ation of a producer (in addition to appro-
priate Tier I conservation practices and
Tier II conservation practices), develop-
ment, implementation, and maintenance of
a conservation security plan that, over the
term of the conservation security contract—
‘‘(I) integrates all necessary con-
servation practices to foster environ-
mental enhancement and the long-term
sustainability of the natural resource
base of an agricultural operation; and
‘‘(II) improves profitability and
sustainability associated with the agri-
cultural operation.
‘‘(5) MINIMUM REQUIREMENTS.—The minimum
requirements for each tier of conservation practices
described in paragraph (4) shall be—
‘‘(A)(i) determined by the State conserva-
tionist, in consultation with the State technical
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committee established under subtitle G and the
local subcommittee of the State technical com-
mittee; and
‘‘(ii) approved by the Secretary; and
‘‘(B) in the case of land under the jurisdic-
tion of an Indian tribe—
‘‘(i) determined by the Indian tribe,
after consultation with the Secretary; and
‘‘(ii) approved by the Secretary.
‘‘(e) CONSERVATION SECURITY CONTRACTS.—
‘‘(1) CONTRACTS.—
‘‘(A) IN GENERAL.—On approval of a con-
servation security plan of a producer, the Sec-
retary shall enter into a conservation security
contract with the producer to enroll the land cov-
ered by the conservation security plan in the
conservation security program.
‘‘(B) REQUIRED COMPONENTS.—A conserva-
tion security contract shall specifically describe
the practices that are required under subsection
(c)(1)(B).
‘‘(2) TERM.—Subject to paragraphs (3) and
(4)—
‘‘(A) a conservation security contract for
land enrolled in the conservation security pro-
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gram of a producer that will be maintained
using 1 or more Tier I conservation contracts
shall have a term of 5 years; and
‘‘(B) a conservation security contract for
land enrolled in the conservation security pro-
gram that will be maintained using a Tier II
conservation contract or Tier III conservation
contract shall have a 5-year to 10-year term, as
determined by the producer.
‘‘(3) MODIFICATIONS.—
‘‘(A) OPTIONAL MODIFICATIONS.—
‘‘(i) IN GENERAL.—An owner or oper-
ator may apply to the Secretary to modify
the conservation security plan to effectuate
the purposes of the conservation security
program.
‘‘(ii) APPROVAL BY THE SECRETARY.—
To be effective, any modification under
clause (i)—
‘‘(I) shall be approved by the Sec-
retary; and
‘‘(II) shall authorize the Secretary
to 
redetermine, 
if 
necessary, 
the
amount and timing of the payments
under the conservation security con-
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tract and subsections (a) and (b) of
section 1238C.
‘‘(B) OTHER MODIFICATIONS.—
‘‘(i) IN GENERAL.—The Secretary may,
in writing, require a producer to modify a
conservation security contract before the ex-
piration of the conservation security con-
tract if—
‘‘(I) the Secretary determines that
a change made to the type, size, man-
agement, or other aspect of the agricul-
tural operation of the producer would,
without the modification of the con-
tract, 
significantly 
interfere 
with
achieving the purposes of the conserva-
tion security program; or
‘‘(II) the Secretary makes a
change to the National Handbook of
Conservation Practices of the Natural
Resource Conservation Service under
subsection (d)(3)(C).
‘‘(ii) PAYMENTS.—The Secretary may
adjust the amount and timing of the pay-
ment schedule under the conservation secu-
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rity contract to reflect any modifications
made under this subparagraph.
‘‘(iii) DEADLINE.—The Secretary may
terminate a conservation security contract
if a modification required under this sub-
paragraph is not submitted to the Secretary
in the form of an amended conservation se-
curity contract by the date that is 90 days
after the date on which the Secretary issues
a written request for the modification.
‘‘(iv) TERMINATION.—a producer that
is required to modify a conservation secu-
rity contract under this subparagraph may,
in lieu of modifying the contract—
‘‘(I) terminate the conservation se-
curity contract; and
‘‘(II) retain payments received
under the conservation security con-
tract, if the producer fully complied
with the terms and conditions of the
conservation security contract before
termination of the contract.
‘‘(4) RENEWAL.—
‘‘(A) IN GENERAL.—At the option of a pro-
ducer, the conservation security contract of the
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producer may be renewed, for a term described
in subparagraph (B), if—
‘‘(i) the producer agrees to any modi-
fication of the applicable conservation secu-
rity contract that the Secretary determines
to be necessary to achieve the purposes of
the conservation security program;
‘‘(ii) the Secretary determines that the
producer has complied with the terms and
conditions of the conservation security con-
tract, including the conservation security
plan; and
‘‘(iii) in the case of a Tier I conserva-
tion security contract, the producer agrees
to increase the conservation practices on
land enrolled in the conservation security
program by—
‘‘(I) adopting new conservation
practices; or
‘‘(II) expanding existing practices
to meet applicable resource manage-
ment systems criteria.
‘‘(B) TERMS
OF
RENEWAL.—Under sub-
paragraph (A)—
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‘‘(i) a conservation security contract
for land enrolled in the conservation secu-
rity program that will be maintained using
Tier I conservation contracts may be re-
newed for 5-year terms;
‘‘(ii) in the case of a Tier II conserva-
tion security contract or a Tier III con-
servation security contract, the contract
shall be renewed for 5-year to 10-year
terms, at the option of the producer; and
‘‘(iii) participation in the conservation
security program prior to the renewal of the
conservation security contract shall not bar
renewal more than once.
‘‘(f) NONCOMPLIANCE DUE TO CIRCUMSTANCES BE-
YOND THE CONTROL OF PRODUCERS.—The Secretary shall
include in the conservation security contract a provision,
and may modify a conservation security contract under
subsection (e)(3)(B), to ensure that a producer shall not be
considered in violation of a conservation security contract
for failure to comply with the conservation security contract
due to circumstances beyond the control of the producer, in-
cluding a disaster or related condition, as determined by
the Secretary.
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‘‘SEC. 1238B. DUTIES OF PRODUCERS.
‘‘Under a conservation security contract, a producer
shall agree, during the term of the conservation security
contract—
‘‘(1) to implement the applicable conservation se-
curity plan approved by the Secretary;
‘‘(2) to maintain, and make available to the Sec-
retary at such times as the Secretary may request,
appropriate records showing the effective and timely
implementation of the conservation security plan;
‘‘(3) not to engage in any activity that would
interfere with the purposes of the conservation secu-
rity plan; and
‘‘(4) 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
producer under the conservation security
contract, including any advance payment
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and interest on the payments, as deter-
mined 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 producer, as the Secretary
determines to be appropriate.
‘‘SEC. 1238C. DUTIES OF THE SECRETARY.
‘‘(a) ADVANCE PAYMENT.—At the time at which a pro-
ducer enters into a conservation security contract, the Sec-
retary shall, at the option of the producer, make an advance
payment to the producer in an amount not to exceed—
‘‘(1) in the case of a Tier I conservation security
contract, the greater of—
‘‘(A) $1,000; or
‘‘(B) 20 percent of the value of the annual
payment under the contract, as determined by
the Secretary;
‘‘(2) in the case of a Tier II conservation secu-
rity contract, the greater of—
‘‘(A) $2,000; or
‘‘(B) 20 percent of the value of the annual
payment under the contract, as determined by
the Secretary; and
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‘‘(3) in the case of a Tier III conservation secu-
rity contract, the greater of—
‘‘(A) $3,000; or
‘‘(B) 20 percent of the value of the annual
payment under the contract, as determined by
the Secretary.
‘‘(b) ANNUAL PAYMENTS.—
‘‘(1) CRITERIA FOR DETERMINING AMOUNT OF
PAYMENTS.—
‘‘(A) BASE RATE.—In this paragraph, the
term ‘base rate’ means the average county rental
rate for the specific land use during the 2001
crop year, or another appropriate average coun-
ty rate for the 2001 crop year, that ensures re-
gional equity, as determined by the Secretary.
‘‘(B) PAYMENTS.—A payment for a con-
servation practice under this paragraph shall be
determined in accordance with subparagraphs
(C) through (F).
‘‘(C) TIER I CONSERVATION CONTRACTS.—
The payment for a Tier I conservation security
contract shall be comprised of the total of the fol-
lowing amounts:
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‘‘(i) An amount equal to 6 percent of
the base rate for land covered by the con-
tract.
‘‘(ii) An amount equal to the following
costs of practices covered by the conserva-
tion security contract, based on the average
county costs for such practices for the 2001
crop year, as determined by the Secretary:
‘‘(I) 100 percent of the cost of—
‘‘(aa) the adoption of new
management practices; and
‘‘(bb) the maintenance of new
and existing land management
and vegetative practices.
‘‘(II) 100 percent of the cost of
maintenance of existing land-based
structural practices approved by the
Secretary.
‘‘(III)(aa) 75 percent (or, in the
case of a limited resource producer (as
determined by the Secretary) or a be-
ginning farmer or rancher, 90 percent)
of the cost of adoption of new land-
based structural practices; or
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‘‘(bb) 75 percent (or, in the case of
a limited resource producer (as deter-
mined by the Secretary) or a beginning
farmer or rancher, 90 percent) of the
cost of the adoption of a structural
practice for which a similar structural
practice under the environmental qual-
ity 
incentives 
program 
established
under chapter 4 would require mainte-
nance, if the producer agrees to pro-
vide, without reimbursement, substan-
tially equivalent maintenance.
‘‘(iii) A bonus amount determined by
the Secretary for implementing or adopting
1 or more of the following practices:
‘‘(I) A practice adopted or main-
tained that, because of the extent and
scope of the practice, maximizes the ob-
jectives of the conservation security
program beyond the minimum require-
ments of the practices adopted or
maintained.
‘‘(II) A practice adopted or main-
tained to address resources of concern
and local conservation concerns beyond
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those identified as State or local con-
servation priorities.
‘‘(III) A practice adopted or
maintained to address national pri-
ority concerns, as determined by the
Secretary.
‘‘(IV) Participation by the pro-
ducer in an on-farm conservation re-
search, demonstration, or pilot project.
‘‘(V) Participation by the pro-
ducer in a watershed or regional re-
source conservation plan that involves
at least 75 percent of producers in a
targeted area.
‘‘(VI) Recordkeeping, monitoring,
and evaluation carried out by the pro-
ducer that furthers the purposes of the
conservation security program.
‘‘(iv) A bonus amount determined by
the Secretary that reflects the status of a
producer as a beginning farmer or rancher.
‘‘(D) TIER II CONSERVATION CONTRACTS.—
The payment for a Tier II conservation security
contract shall be comprised of the total of the fol-
lowing amounts:
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‘‘(i) An amount equal to 11 percent of
the base rate for land covered by the con-
servation security contract.
‘‘(ii) An amount equal to the cost of
practices covered by the conservation secu-
rity contract, based on the average county
costs for practices for the 2001 crop year,
described in subparagraph (C)(ii).
‘‘(iii) A bonus amount determined by
the Secretary in accordance with clauses
(iii) and (iv) of subparagraph (C), except
that the bonus amount under this clause
may include any amount for the adoption
or maintenance by the producer of any
practice that exceeds resource management
system standards.
‘‘(E) TIER III CONSERVATION CONTRACTS.—
The payment for a Tier III conservation security
contract shall be comprised of the total of the fol-
lowing amounts:
‘‘(i) An amount equal to 20 percent of
the base rate for land covered by the con-
servation security contract.
‘‘(ii) An amount equal to the cost of
practices covered by the conservation secu-
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rity contract, based on the average county
costs for practices for the 2001 crop year,
described in subparagraph (C)(ii).
‘‘(iii) A bonus amount determined by
the Secretary in accordance with subpara-
graph (D)(iii).
‘‘(F) EXCLUSION OF COSTS FOR PURCHASE
OR MAINTENANCE OF EQUIPMENT OR NON-LAND
BASED
STRUCTURES.—A payment under this
subchapter shall not include any amount for the
purchase or maintenance of equipment or a non-
land based structure.
‘‘(2) TIME OF PAYMENT.—The Secretary shall
provide payments under a conservation security con-
tract as soon as practicable after October 1 of each
fiscal year.
‘‘(3) LIMITATION ON PAYMENTS.—
‘‘(A) IN GENERAL.—Subject to paragraphs
(1), (2), (4), and (5), the Secretary shall, in
amounts and for a term specified in a conserva-
tion security contract and taking into account
any advance payments, make an annual pay-
ment, directly or indirectly, to the individual or
entity covered by the conservation security con-
tract in an amount not to exceed—
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‘‘(i) in the case of a Tier I conserva-
tion security contract, $20,000;
‘‘(ii) in the case of a Tier II conserva-
tion security contract, $35,000; or
‘‘(iii) in the case of a Tier III con-
servation security contract, $50,000.
‘‘(B) 
LIMITATION
ON
NONBONUS
PAY-
MENTS.—In applying the payment limitation
under each of clauses (i), (ii), and (iii) of sub-
paragraph (A), an individual or entity may not
receive, directly or indirectly, payments de-
scribed in clauses (i) and (ii) of paragraph
(1)(C), (1)(D), or (1)(E), as appropriate, in an
amount that exceeds 75 percent of the applicable
payment limitation.
‘‘(C) OTHER USDA PAYMENTS.—If a pro-
ducer has the same practices on the same land
enrolled in the conservation security program
and 1 or more other conservation programs ad-
ministered by the Secretary, the Secretary shall
include all payments from the conservation secu-
rity program and the other conservation pro-
grams, other than payments for conservation
easements, in applying the annual payment lim-
itations under this paragraph.
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‘‘(D) NON-USDA PAYMENTS.—
‘‘(i) IN
GENERAL.—A payment de-
scribed in clause (ii) shall not be considered
an annual payment for purposes of the an-
nual payment limitations under this para-
graph.
‘‘(ii) PAYMENT.—A payment referred
to in clause (i) is a payment that—
‘‘(I) is for the same practice on
the same land enrolled in the conserva-
tion security program; and
‘‘(II) is received from a Federal
program that is not administered by
the Secretary, or that is administered
by any State, local, or private agricul-
tural agency or organization.
‘‘(E) COMMENSURATE SHARE.—To be eligi-
ble to receive a payment under this chapter, an
individual or entity shall make contributions
(including contributions of land, labor, manage-
ment, equipment, or capital) to the operation of
the farm that are at least commensurate with the
share of the proceeds of the operation of the indi-
vidual or entity.
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‘‘(4) LAND ENROLLED IN OTHER CONSERVATION
PROGRAMS.—Notwithstanding any other provision of
law, if a producer has land enrolled in another con-
servation program administered by the Secretary and
has applied to enroll the same land in the conserva-
tion security program, the producer may elect to—
‘‘(A) convert the contract under the other
conservation program to a conservation security
contract, without penalty, except that this sub-
paragraph shall not apply to a contract entered
into under—
‘‘(i) the conservation reserve program
under subchapter B of chapter 1; or
‘‘(ii) the wetlands reserve program
under subchapter C of chapter 1; or
‘‘(B) have each annual payment to the pro-
ducer under this subsection reduced to reflect
payment for practices the producer receives
under the other conservation program, except
that the annual payment under this subsection
shall not be reduced by the amount of any incen-
tive received under a program referred to in sec-
tion 1231(b)(6) for qualified practices that en-
hance or extend the conservation benefit achieved
under the other conservation program.
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‘‘(5) WASTE STORAGE OR TREATMENT FACILI-
TIES.—A payment to a producer under this sub-
chapter shall not be provided for the purpose of con-
struction or maintenance of animal waste storage or
treatment facilities or associated waste transport or
transfer devices for animal feeding operations.
‘‘(c) MINIMUM PRACTICE REQUIREMENT.—In deter-
mining a payment under subsection (a) or (b) for an owner,
operator, or producer that receives a payment under an-
other program administered by the Secretary that is contin-
gent on complying with requirements under subtitle B or
C of title XII of the Food Security Act of 1985 (16 U.S.C.
3811 et seq.) relating to the use of highly erodible land or
wetland, a payment under this chapter for 1 or more prac-
tices on land subject to those requirements shall be for prac-
tices that exceed minimum requirements for the owner, op-
erator, or producer under those subtitles, as determined by
the Secretary.
‘‘(d) REGULATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall promul-
gate regulations that—
‘‘(A) provide for adequate safeguards to pro-
tect the interests of tenants and sharecroppers,
including provision for sharing payments, on a
fair and equitable basis; and
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‘‘(B) prescribe such other rules as the Sec-
retary determines to be necessary to ensure a fair
and reasonable application of the limitations es-
tablished under subsections (a) and (b).
‘‘(2) PENALTIES FOR SCHEMES OR DEVICES.—
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that an individual or entity has adopted
a scheme or device to evade, or that has the pur-
pose of evading, the regulations promulgated
under paragraph (1), the individual or entity
shall be ineligible to participate in the conserva-
tion security program for—
‘‘(i) the year for which the scheme or
device was adopted; and
‘‘(ii) each of the following 5 years.
‘‘(B) FRAUD.—If the Secretary determines
that fraud was committed in connection with the
scheme or device, the individual or entity shall
be ineligible to participate in the conservation
security program for—
‘‘(i) the year for which the scheme or
device was adopted; and
‘‘(ii) each of the following 10 years.
‘‘(e) TERMINATION.—
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‘‘(1) IN GENERAL.—Subject to section 1238B, the
Secretary shall allow a producer to terminate the con-
servation security contract.
‘‘(2) PAYMENTS.—the producer may retain any
or all payments received under a terminated con-
servation security contract if—
‘‘(A) the producer is in full compliance with
the terms and conditions (including any mainte-
nance requirements) of the conservation security
contract as of the date of the termination; and
‘‘(B) the Secretary determines that termi-
nation of the contract will not defeat the pur-
poses of the conservation security plan of the
producer.
‘‘(f) TRANSFER OR CHANGE OF INTEREST IN LAND
SUBJECT TO CONSERVATION SECURITY CONTRACT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the transfer, or change in the interest, of
a producer in land subject to a conservation security
contract shall result in the termination of the con-
servation security contract.
‘‘(2) TRANSFER OF DUTIES AND RIGHTS.—Para-
graph (1) 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
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notice to the Secretary that all duties and rights
under the conservation security contract have been
transferred to the transferee.
‘‘(g) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—For each of fiscal years 2003
through 2006, the Secretary shall provide technical
assistance to producers for the development and im-
plementation of conservation security contracts, in an
amount not to exceed 20 percent of amounts expended
for the fiscal year.
‘‘(2) COORDINATION BY THE SECRETARY.—The
Secretary shall provide overall technical coordination
and leadership for the conservation security program,
including final approval of all conservation security
plans.
‘‘(h) CONSERVATION SECURITY STATE PROGRAM.—
‘‘(1) IN
GENERAL.—Effective October 1, 2004,
the Secretary, in cooperation with appropriate State
agencies, may permit 1 State to jointly implement a
conservation security program with the Secretary.
‘‘(2) ELIGIBLE STATE.—The State referred to in
paragraph (1) shall be a State selected by the
Secretary—
‘‘(A) in consultation with—
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‘‘(i) the Committee on Agriculture of
the House of Representatives; and
‘‘(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate; and
‘‘(B) after taking into consideration—
‘‘(i) the percentage of private land in
agricultural production in the State; and
‘‘(ii) infrastructure in the State that is
available to implement the pilot program
under paragraph (1).’’.
SEC. 202. FUNDING.
Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended by adding at the end the following:
‘‘(c) CONSERVATION SECURITY PROGRAM.—Of the
funds of the Commodity Credit Corporation, the Corpora-
tion shall make available for each of fiscal years 2002
through 2006 such sums as are necessary to carry out sub-
chapter A of chapter 2 (including the provision of technical
assistance, education and outreach, and monitoring and
evaluation).’’.
SEC. 203. PARTNERSHIPS AND COOPERATION.
Section 1243 of the Food Security Act of 1985 (16
U.S.C. 3843) is amended by adding at the end the following:
‘‘(f) PARTNERSHIPS AND COOPERATION.—
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‘‘(1) IN GENERAL.—In carrying out any pro-
gram under subtitle D, the Secretary may use re-
sources provided under that subtitle to enter into
agreements with State and local agencies, Indian
tribes, and nongovernmental organizations and to
designate special projects, as recommended by the
State Conservationist, after consultation with the
State technical committee, to enhance technical and
financial assistance provided to owners, operators,
and producers to address environmental issues af-
fected by agricultural production with respect to—
‘‘(A) meeting the purposes of—
‘‘(i) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.) or com-
parable State or tribal laws in impaired or
threatened watersheds;
‘‘(ii) the Safe Drinking Water Act (42
U.S.C. 300f et seq.) or comparable State or
tribal laws in watersheds providing water
for drinking water supplies;
‘‘(iii) the Clean Air Act (42 U.S.C.
7401 et seq.) or comparable State laws; or
‘‘(iv) other Federal, State, tribal, or
local laws; or
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‘‘(B) watersheds of special significance, con-
servation priority areas described in section
1230(c), or other geographic areas of environ-
mental sensitivity, such as wetland, including
State, multi-State, or tribal projects—
‘‘(i) to facilitate surface and ground
water conservation;
‘‘(ii) to protect water quality;
‘‘(iii) to protect endangered or threat-
ened species or habitat, such as conservation
corridors;
‘‘(iv) to improve methods of irrigation;
‘‘(v) to convert acreage from irrigated
production; or
‘‘(vi) to reduce nutrient loads of water-
sheds.’’.
‘‘(2) INCENTIVES.—To realize the purposes of the
special projects under paragraph (1), the Secretary
may provide special incentives to owners, operators,
and producers participating in the special projects to
encourage partnerships, enrollments of exceptional en-
vironmental value, and sharing of technical and fi-
nancial resources among owners, operators, and pro-
ducers and among owners, operators, and producers
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and governmental and nongovernmental organiza-
tions.
‘‘(3) FLEXIBILITY.—
‘‘(A) IN
GENERAL.—The Secretary may
enter into agreements with States (including
State agencies and units of local government),
Indian tribes, and nongovernmental organiza-
tions to allow greater flexibility to adjust the ap-
plication of eligibility criteria, approved prac-
tices, innovative conservation practices, and
other elements of the programs under this title to
better reflect unique local circumstances and
purposes in a manner that is consistent with—
‘‘(i) environmental enhancement and
long-term sustainability of the natural re-
source base; and
‘‘(ii) the purposes and requirements of
this title.
‘‘(B) PLAN.—Each party to an agreement
under subparagraph (A) shall submit to the Sec-
retary, for approval by the Secretary, a special
project area or priority area program plan for
each program to be carried out by the party that
includes—
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‘‘(i) a description of the requested re-
sources and adjustments to program imple-
mentation (including a description of how
those 
adjustments 
will 
accelerate 
the
achievement of environmental benefits);
‘‘(ii) an analysis of the contribution
those adjustments will make to the effective-
ness of programs in achieving the purposes
of the special project or priority area pro-
gram;
‘‘(iii) a timetable for reevaluating the
need for or performance of the proposed ad-
justments;
‘‘(iv) a description of non-Federal pro-
grams and resources that will contribute to
achieving the purposes of the special project
or priority area program; and
‘‘(v) a plan for regular monitoring,
evaluation, and reporting of progress to-
ward the purposes of the special project or
priority area program.
‘‘(4) PURPOSES
OF
SPECIAL
PROJECTS.—The
purposes of special projects carried out under this sec-
tion shall be to encourage—
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‘‘(A) producers to cooperate in the installa-
tion and maintenance of conservation systems
that affect multiple agricultural operations;
‘‘(B) the sharing of information and tech-
nical and financial resources;
‘‘(C) cumulative environmental benefits
across operations of producers; and
‘‘(D) the development and demonstration of
innovative conservation methods.
‘‘(5) FUNDING.—
‘‘(A) IN GENERAL.—In addition to resources
from programs under subtitle D, subject to sub-
paragraph (B), the Secretary shall use 5 percent
of the funds made available for each fiscal year
under section 1241(b) to carry out activities that
are authorized under the environmental quality
incentives program established under chapter 4
of subtitle D.
‘‘(B) UNUSED FUNDING.—Any funds made
available for a fiscal year under subparagraph
(A) that are not obligated by April 1 of the fiscal
year may be used to carry out other activities
under the environmental quality incentives pro-
gram during the fiscal year in which the funding
becomes available.’’.
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SEC. 204. ADMINISTRATIVE REQUIREMENTS FOR CON-
SERVATION PROGRAMS.
Subtitle E of title XII of the Food Security Act of 1985
(16 U.S.C. 3841 et seq.) is amended by adding at the end
the following:
‘‘SEC. 1244. ADMINISTRATIVE REQUIREMENTS FOR CON-
SERVATION PROGRAMS.
‘‘(a) GOOD FAITH RELIANCE.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, except as provided in paragraph
(4), the Secretary shall provide equitable relief to an
owner, operator, or producer that has entered into a
contract under a conservation program administered
by the Secretary, and that is subsequently determined
to be in violation of the contract, if the owner, oper-
ator, or producer, in attempting to comply with the
terms of the contract and enrollment requirements—
‘‘(A) took actions in good faith reliance on
the action or advice of an employee of the Sec-
retary; and
‘‘(B) had no knowledge that the actions
taken were in violation of the contract.
‘‘(2) TYPES OF RELIEF.—The Secretary shall—
‘‘(A) to the extent the Secretary determines
that an owner, operator, or producer has been
injured by good faith reliance described in para-
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graph (1), allow the owner, operator, or
producer—
‘‘(i) to retain payments received under
the contract;
‘‘(ii) to continue to receive payments
under the contract;
‘‘(iii) to keep all or part of the land
covered by the contract enrolled in the ap-
plicable program;
‘‘(iv) to reenroll all or part of the land
covered by the contract in the applicable
program; or
‘‘(v) to receive any other equitable re-
lief the Secretary considers appropriate;
and
‘‘(B) require the owner, operator, or pro-
ducer to take such actions as are necessary to
remedy any failure to comply with the contract.
‘‘(3) RELATIONSHIP TO OTHER LAW.—The au-
thority to provide relief under this subsection shall be
in addition to any other authority provided in this
or any other Act.
‘‘(4) EXCEPTIONS.—This section shall not apply
to—
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‘‘(A) any pattern of conduct in which an
employee of the Secretary takes actions or pro-
vides advice with respect to an owner, operator,
or producer that the employee and the owner, op-
erator, or producer know are inconsistent with
applicable law (including regulations); or
‘‘(B) an owner, operator, or producer takes
any action, independent of any advice or author-
ization provided by an employee of the Sec-
retary, that the owner, operator, or producer
knows or should have known to be inconsistent
with applicable law (including regulations).
‘‘(5) APPLICABILITY OF RELIEF.—Relief under
this section shall be available for contracts in effect on
or after the date of enactment of this section.
‘‘(b) EDUCATION, OUTREACH, MONITORING, 
AND
EVALUATION.—In carrying out any conservation program
administered by the Secretary, the Secretary—
‘‘(1) shall provide education, outreach, training,
monitoring, evaluation, technical assistance, and re-
lated services to agricultural producers (socially dis-
advantaged agricultural producers, beginning farmers
and ranchers, Indian tribes (as those terms are de-
fined in section 1238), and limited resource agricul-
tural producers);
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‘‘(2) may enter into contracts with States (in-
cluding State agencies and units of local government),
private nonprofit, community-based organizations,
and educational institutions with demonstrated expe-
rience in providing the services described in para-
graph (1), to provide those services; and
‘‘(3) shall use such sums as are necessary from
funds of the Commodity Credit Corporation to carry
out activities described in paragraphs (1) and (2).
‘‘(c) BEGINNING FARMERS AND RANCHERS AND IN-
DIAN TRIBES.—In carrying out any conservation program
administered by the Secretary, the Secretary may provide
to beginning farmers and ranchers and Indian tribes (as
those terms are defined in section 1238) and limited re-
source agricultural producers incentives to participate in
the conservation program to—
‘‘(1) foster new farming opportunities; and
‘‘(2) enhance environmental stewardship over the
long term.
‘‘(d) PROGRAM EVALUATION.—The Secretary shall
maintain data concerning conservation security plans, con-
servation practices planned or implemented, environmental
outcomes, economic costs, and related matters under con-
servation programs administered by the Secretary.
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‘‘(e) MEDIATION AND INFORMAL HEARINGS.—If the
Secretary makes a decision under a conservation program
administered by the Secretary that is adverse to an owner,
operator, or producer, at the request of the owner, operator,
or producer, the Secretary shall provide the owner, operator,
or producer with mediation services or an informal hearing
on the decision.
‘‘(f) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Under any conservation pro-
gram administered by the Secretary, subject to para-
graph (2), technical assistance provided by persons
certified under paragraph (3) (including farmers and
ranchers) may include—
‘‘(A) conservation planning;
‘‘(B) design, installation, and certification
of conservation practices;
‘‘(C) conservation training for producers;
and
‘‘(D) such other conservation activities as
the Secretary determines to be appropriate.
‘‘(2) OUTSIDE ASSISTANCE.—
‘‘(A) IN
GENERAL.—The Secretary may
contract directly with qualified persons not em-
ployed by the Department to provide conserva-
tion technical assistance.
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‘‘(B) PAYMENT BY SECRETARY.—Subject to
subparagraph (C), the Secretary may provide a
payment to an owner, operator, or producer en-
rolled in a conservation program administered
by the Secretary if the owner, operator, or pro-
ducer elects to obtain technical assistance from a
person certified to provide technical assistance
under this subsection.
‘‘(C) NONPRIVATE
PROVIDERS.—In deter-
mining whether to provide a payment under sub-
paragraph (B) to a nonprivate provider, the Sec-
retary shall provide a payment if the provision
of the payment would result in an increase in
the total amount of technical assistance available
to producers, as determined by the Secretary.
‘‘(3) CERTIFICATION OF PROVIDERS OF TECH-
NICAL ASSISTANCE.—
‘‘(A) PROCEDURES.—
‘‘(i) IN GENERAL.—The Secretary shall
establish procedures for certifying persons
not employed by the Department to provide
technical assistance in planning, designing,
or certifying activities to participate in any
conservation program administered by the
Secretary to agricultural producers and
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landowners participating, or seeking to par-
ticipate, in conservation programs adminis-
tered by the Secretary.
‘‘(ii) NON-FEDERAL ASSISTANCE.—The
Secretary may request the services of, and
enter into a cooperative agreement with, a
State water quality agency, State fish and
wildlife agency, State forestry agency, State
conservation agency or conservation dis-
trict, or any other governmental or non-
governmental organization or person con-
sidered appropriate by the Secretary to as-
sist in providing the technical assistance
necessary to develop and implement con-
servation plans under this title.
‘‘(B) EQUIVALENCE.—The Secretary shall
ensure that new certification programs of the De-
partment for providers of technical assistance
meet or exceed the testing and continuing edu-
cation standards of any certification program
that establishes nationally recognized and accept-
ed standards for training, testing, and other pro-
fessional qualifications.
‘‘(C) STANDARDS.—The Secretary shall es-
tablish standards for the conduct of—
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‘‘(i) the certification process conducted
by the Secretary; and
‘‘(ii) periodic recertification by the
Secretary of providers.
‘‘(D) CERTIFICATION REQUIRED.—
‘‘(i) IN
GENERAL.—A provider may
not provide to any producer technical as-
sistance described in paragraph (3)(A)(i)
unless the provider is certified by the Sec-
retary.
‘‘(ii) WAIVER.—The Secretary may ex-
empt a provider from any requirement of
this subparagraph if the Secretary deter-
mines that the provider has been certified or
recertified to provide technical assistance
through a program the standards of which
meet or exceed standards established by the
Secretary under subparagraph (C).
‘‘(E) FEE.—
‘‘(i) IN
GENERAL.—In exchange for
certification or recertification, a provider
shall pay a fee to the Secretary in an
amount determined by the Secretary.
‘‘(ii) ACCOUNT.—A fee paid to the Sec-
retary under clause (i) shall be—
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‘‘(I) credited to the account in the
Treasury that incurs costs relating to
implementing this subsection; and
‘‘(II) made available to the Sec-
retary for use for conservation pro-
grams administered by the Secretary,
without further appropriation, until
expended.
‘‘(iii) WAIVER.—The Secretary may
waive any requirement of any provider to
pay a fee under this subparagraph if the
provider qualifies for a waiver under sub-
paragraph (D)(ii).
‘‘(F) TECHNICAL
ASSISTANCE
ADVISORY
COUNCIL.—
‘‘(i) PURPOSE.—The Secretary shall
establish a technical assistance advisory
council (referred to in this subparagraph as
the ‘advisory council’) to advise the Sec-
retary with respect to the management of
certification programs for the provision of
technical assistance for third party pro-
viders.
‘‘(ii) MEMBERSHIP.—The membership
of the advisory council shall include—
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‘‘(I) representatives of the Federal
Government and appropriate State
and local governments; and
‘‘(II) not more than 20 additional
members that represent 2 or more of
the following:
‘‘(aa) Agricultural producers.
‘‘(bb) Agricultural industries.
‘‘(cc) Wildlife and environ-
mental entities.
‘‘(dd) A minimum of 6 pro-
fessional societies and organiza-
tions.
‘‘(ee) Such other entities (the
representation of which on the ad-
visory council shall not exceed 4
members) as the Secretary deter-
mines would contribute to the
work of the advisory council.
‘‘(iii) RESPONSIBILITIES.—The advi-
sory council shall advise the Secretary with
respect to—
‘‘(I) appropriate standards for
certification;
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‘‘(II) the status of third party cer-
tification programs;
‘‘(III) cases in which waivers for
certification, recertification and pay-
ment of fees should be allowed;
‘‘(IV) periodic reviews of certifi-
cation program; and
‘‘(V) guidelines for penalties and
disciplinary actions for violation of
certification requirements.
‘‘(iv) MEETINGS.—
‘‘(I) INITIAL MEETING.—Not later
than 30 days after the date on which
all members of the advisory council
have been appointed, the advisory
council shall hold the initial meeting of
advisory council.
‘‘(II) SUBSEQUENT
MEETINGS.—
The Secretary shall require the advi-
sory council to meet as needed.
‘‘(v) AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this subparagraph such
sums as are necessary for each of fiscal
years 2002 through 2006.
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‘‘(4) EFFECT ON IMPLEMENTATION.—Nothing in
this subsection shall prohibit or impede the expedi-
tious implementation of the provision of third-party
technical assistance under this title.
‘‘(5) OTHER
REQUIREMENTS.—The Secretary
may establish such other requirements as the Sec-
retary determines are necessary to carry out this sub-
section.
‘‘(g) PRIVACY OF PERSONAL INFORMATION RELATING
TO NATURAL RESOURCES CONSERVATION PROGRAMS.—
‘‘(1) INFORMATION
RECEIVED
FOR
TECHNICAL
AND FINANCIAL ASSISTANCE.—
‘‘(A) IN GENERAL.—In accordance with sec-
tion 552(b)(3) of title 5, United States Code, ex-
cept as provided in subparagraph (C) and para-
graph (3), information described in subpara-
graph (B)—
‘‘(i) shall not be considered to be public
information; and
‘‘(ii) shall not be released to any per-
son or Federal, State, local agency or In-
dian tribe (as defined in section 1238) out-
side the Department of Agriculture.
‘‘(B) INFORMATION.—The information re-
ferred to in subparagraph (A) is information—
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‘‘(i) provided to the Secretary or a con-
tractor of the Secretary (including informa-
tion provided under subtitle D) for the pur-
pose of providing technical or financial as-
sistance to an owner, operator, or producer
with respect to any natural resources con-
servation program administered by the Nat-
ural Resources Conservation Service or the
Farm Service Agency; and
‘‘(ii) that is proprietary (within the
meaning of section 552(b)(4) of title 5,
United States Code) to the agricultural op-
eration or land that is a part of an agricul-
tural operation of the owner, operator, or
producer.
‘‘(C) EXCEPTION.—Information regarding
owners, operators, or producers that have re-
ceived payments from the Secretary and the
amounts received, shall be—
‘‘(i) considered to be public informa-
tion; and
‘‘(ii) may be released to any—
‘‘(I) person;
‘‘(II) Indian tribe (as defined in
section 1238); or
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‘‘(III) Federal, State, local agency
outside the Department of Agriculture.
‘‘(2) INVENTORY, MONITORING, AND SITE SPE-
CIFIC INFORMATION.—Except as provided in para-
graph (3) and notwithstanding any other provision of
law, in order to maintain the personal privacy, con-
fidentiality, and cooperation of owners, operators,
and producers, and to maintain the integrity of each
unit at which primary sampling for data gathering
is carried out by the National Resources Inventory
(referred to in this subsection as a ‘data gathering
site’), the specific geographic locations of data gath-
ering sites, and the information generated by the data
gathering sites—
‘‘(A) shall not be considered to be public in-
formation; and
‘‘(B) shall not be released to any person or
Federal, State, local, or tribal agency outside the
Department.
‘‘(3) EXCEPTIONS.—
‘‘(A) RELEASE AND DISCLOSURE FOR EN-
FORCEMENT.—The Secretary may release or dis-
close to the Attorney General information covered
by paragraph (1) or (2) to the extent necessary
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to enforce the natural resources conservation pro-
grams referred to in paragraph (1)(B)(i).
‘‘(B) DISCLOSURE
TO
COOPERATING
PER-
SONS AND AGENCIES.—
‘‘(i) IN GENERAL.—The Secretary may
release or disclose information covered by
paragraph (1) or (2) to a person or Federal,
State, local, or tribal agency working in co-
operation with the Secretary in providing
technical and financial assistance described
in paragraph (1)(B)(i) or collecting infor-
mation from data gathering sites.
‘‘(ii) USE OF INFORMATION.—The per-
son or Federal, State, local, or tribal agency
that receives information described in clause
(i) may release the information only for the
purpose of assisting the Secretary—
‘‘(I) in providing the requested
technical or financial assistance; or
‘‘(II) in collecting information
from data gathering sites.
‘‘(C) STATISTICAL AND AGGREGATE INFOR-
MATION.—Information covered by paragraph (1)
or (2) may be disclosed to the public if the infor-
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mation has been transformed into a statistical or
aggregate form without naming any—
‘‘(i) individual owner, operator, or
producer; or
‘‘(ii) specific data gathering site.
‘‘(D) CONSENT OF OWNER, OPERATOR, OR
PRODUCER.—
‘‘(i) IN
GENERAL.—An owner, oper-
ator, or producer may consent to the disclo-
sure of information described in paragraph
(1) or (2).
‘‘(ii) CONDITION
OF
OTHER
PRO-
GRAMS.—The participation of the owner,
operator, or producer in, and the receipt of
any benefit by the owner, operator, or pro-
ducer under, this title or any other program
administered by the Secretary may not be
conditioned on the owner, operator, or pro-
ducer providing consent under this para-
graph.
‘‘(4) VIOLATIONS; PENALTIES.—Section 1770(c)
shall apply with respect to the release of information
collected in any manner or for any purpose prohib-
ited by this subsection.
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‘‘(5) DATA COLLECTION, DISCLOSURE, AND RE-
VIEW.—Nothing in this subsection—
‘‘(A) affects any procedure for data collec-
tion or disclosure through the National Resources
Inventory; or
‘‘(B) limits the authority of Congress or the
General Accounting Office to review information
collected or disclosed under this subsection.
‘‘(h) INDIAN TRIBES.—In carrying out any conserva-
tion program administered by the Secretary on land under
the jurisdiction of an Indian tribe (as defined in section
1238), the Secretary shall cooperate with the tribal govern-
ment of the Indian tribe to ensure, to the maximum extent
practicable, that the program is administered in a fair and
equitable manner.’’.
SEC. 205. REFORM AND ASSESSMENT OF CONSERVATION
PROGRAMS.
(a) IN GENERAL.—The Secretary of Agriculture shall
develop a plan for—
(1) coordinating conservation programs adminis-
tered by the Secretary that are targeted at agricul-
tural land to—
(A) eliminate redundancy; and
(B) improve delivery;
(2) to the maximum extent practicable—
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(A) designing forms that are applicable to
all conservation programs administered by the
Secretary;
(B) reducing and consolidating paperwork
requirements for the programs;
(C) developing universal classification sys-
tems for all information obtained on the forms
that can be used by other agencies of the Depart-
ment of Agriculture;
(D) ensuring that the information and clas-
sification systems developed under this para-
graph can be shared with other agencies of the
Department through computer technologies used
by agencies; and
(E) developing 1 format for a conservation
plan that can be applied to all conservation pro-
grams targeted at agricultural land;
(3) to the maximum extent practicable, improv-
ing the delivery of conservation programs to Indian
tribes (as defined in section 4 of the Indian Self-De-
termination and Education Assistance Act (25 U.S.C.
450b)), including programs for the delivery of con-
servation programs to Indian tribes under plans car-
ried out in conjunction with the Secretary of the Inte-
rior; and
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(4) improving the regional distribution of pro-
gram funds and resources to ensure, to the maximum
extent practicable, that—
(A) the highest conservation priorities of the
United States receive funding; and
(B) regional variations in conservation
costs are taken into account.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report that describes the
plan developed under subsection (a), including any rec-
ommendations for implementation of the plan.
(c) NATIONAL CONSERVATION PLAN.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Secretary of Ag-
riculture shall submit to the Committee on Agri-
culture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the
Senate a plan and estimated budget for implementing
the appraisal of the soil, water, and related resources
of the United States contained in the national con-
servation program under sections 5 and 6 of the Soil
and Water Resources Conservation Act of 1977 (16
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U.S.C. 2004, 2005) as the primary vehicle for man-
aging conservation on agricultural land in the United
States.
(2) REPORT
ON
IMPLEMENTATION.—Not later
than April 30, 2005, the Secretary shall submit to the
Committee on Agriculture of the House of Representa-
tives and Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that—
(A) describes the status of the implementa-
tion of the plan described in paragraph (1);
(B) contains an evaluation of the scope,
quality, and outcomes of the conservation prac-
tices carried out under the plan; and
(C) makes recommendations for achieving
specific and quantifiable improvements for the
purposes of programs covered by the plan.
(d) CONSERVATION PRACTICE STANDARDS.—The Sec-
retary of Agriculture shall—
(1) revise standards and, if necessary, establish
standards, for eligible conservation practices to in-
clude measurable goals for enhancing natural re-
sources, including innovative practices;
(2) not later than 180 days after the date of en-
actment of this Act, revise the National Handbook of
Conservation Practices and field office technical
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guides of the Natural Resources Conservation Service;
and
(3) not less frequently than once every 5 years,
update the Handbook and technical guides.
SEC. 206. CONSERVATION SECURITY PROGRAM REGULA-
TIONS.
Beginning on the date of enactment of this Act, the
Secretary of Agriculture may promulgate regulations and
carry out other actions relating to the implementation of
the conservation security program under subchapter A of
chapter 2 of subtitle D of title XII of the Food Security
Act of 1985 (as added by section 201).
SEC. 207. CONFORMING AMENDMENTS.
(a) Chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended
in the chapter heading by striking ‘‘ENVIRON-
MENTAL CONSERVATION ACREAGE RE-
SERVE 
PROGRAM’’ 
and 
inserting 
‘‘COM-
PREHENSIVE CONSERVATION ENHANCE-
MENT PROGRAM’’.
(b) Section 1230 of the Food Security Act of 1985 (16
U.S.C. 3830) is amended—
(1) in the section heading, by striking ‘‘ENVI-
RONMENTAL
CONSERVATION
ACREAGE
RE-
SERVE PROGRAM’’ and inserting ‘‘COMPREHEN-
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SIVE
CONSERVATION
ENHANCEMENT
PRO-
GRAM’’;
(2) in subsection (a)(1), by striking ‘‘an environ-
mental conservation acreage reserve program’’ and
inserting ‘‘a comprehensive conservation enhancement
program’’; and
(3) by striking ‘‘ECARP’’ each place it appears
and inserting ‘‘CCEP’’.
(c) Section 1230A of the Food Security Act of 1985
(16 U.S.C. 3830a) is repealed.
(d) Section 1243 of the Food Security Act of 1985 (16
U.S.C. 3843) is amended by striking the section heading
and inserting the following:
‘‘SEC. 1243. ADMINISTRATION OF CCEP.’’.
Subtitle B—Program Extensions
SEC. 211. COMPREHENSIVE CONSERVATION ENHANCEMENT
PROGRAM.
(a) IN GENERAL.—Section 1230(a) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3830(a)) is amended—
(1) in paragraph (1), by striking ‘‘2002’’ and in-
serting ‘‘2006’’; and
(2) in paragraph (3)—
(A) in subparagraph (B), by striking ‘‘and’’
at the end; and
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(B) by striking subparagraph (C) and in-
serting the following:
‘‘(C) the grassland reserve program estab-
lished under subchapter C of chapter 2;
‘‘(D) the environmental quality incentives
program established under chapter 4;
‘‘(E) the wildlife habitat incentive program
established under section 1240M; and
‘‘(F) the program for conservation of pri-
vate grazing land established under section
1240P.’’.
(b) PRIORITY.—Section 1230(c) of the Food Security
Act of 1985 (16 U.S.C. 3830(c)) is amended by adding at
the end the following:
‘‘(4) PRIORITY.—In designating conservation
priority areas under paragraph (1), the Secretary
shall give priority to areas in which designated land
would facilitate the most rapid completion of projects
that—
‘‘(A) are ongoing as of the date of the appli-
cation; and
‘‘(B) meet the purposes of a program estab-
lished under this title.’’.
(c) FUNDING.—Section 1241(a) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)) is amended—
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(1) by striking ‘‘2002’’ and inserting ‘‘2006’’;
(2) by inserting ‘‘(including the provision of
technical assistance)’’ after ‘‘the programs’’;
(3) in paragraph (2)—
(A) by striking ‘‘subchapter C’’ and insert-
ing ‘‘subchapters C and D’’; and
(B) by striking ‘‘and’’ 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:
‘‘(4) chapter 6 of subtitle D.’’.
SEC. 212. CONSERVATION RESERVE PROGRAM.
(a) REAUTHORIZATION.—
(1) IN GENERAL.—Section 1231 of the Food Se-
curity Act of 1985 (16 U.S.C. 3831) is amended in
subsections (a), (b)(3), and (d), by striking ‘‘2002’’
each place it appears and inserting ‘‘2006’.
(2) DUTIES OF OWNERS AND OPERATORS.—Sec-
tion 1232(c) of the Food Security Act of 1985 (16
U.S.C. 3832(c)) is amended by striking ‘‘2002’’ and
inserting ‘‘2006’’.
(b) CONSERVATION PRIORITY AREAS.—
(1) ELIGIBILITY.—Section 1231(b) of the Food
Security Act of 1985 (16 U.S.C. 3831(b)) is
amended—
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(A) by striking paragraph (1) and inserting
the following:
‘‘(1) highly erodible cropland that—
‘‘(A)(i) if permitted to remain untreated
could substantially reduce the production capa-
bility for future generations; or
‘‘(ii) cannot be farmed in accordance with
a conservation plan that complies with the re-
quirements of subtitle B; and
‘‘(B) the Secretary determines had a crop-
ping history or was considered to be planted for
3 of the 6 years preceding the date of enactment
of the Agriculture, Conservation, and Rural En-
hancement Act of 2002 (except for land enrolled
in the conservation reserve program as of that
date);’’; and
(B) by adding at the end the following:
‘‘(5) the portion of land in a field not enrolled
in the conservation reserve in a case in which more
than 50 percent of the land in the field is enrolled as
a buffer under a program described in paragraph
(6)(A), if the land is enrolled as part of the buffer;
and
‘‘(6) land (including land that is not cropland)
enrolled through continuous signup—
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‘‘(A) to establish conservation buffers as
part of the program described in a notice issued
on March 24, 1998 (63 Fed. Reg. 14109) or a
successor program; or
‘‘(B) into the conservation reserve enhance-
ment program described in a notice issued on
May 27, 1998 (63 Fed. Reg. 28965) or a suc-
cessor program.’’.
(2) CRP PRIORITY AREAS.—Section 1231(f) of
the Food Security Act of 1985 (16 U.S.C. 3831(f)) is
amended by adding at the end the following:
‘‘(5) PRIORITY.—In designating conservation
priority areas under paragraph (1), the Secretary
shall give priority to areas in which designated land
would facilitate the most rapid completion of projects
that—
‘‘(A) are ongoing as of the date of the appli-
cation; and
‘‘(B) meet the purposes of the program es-
tablished under this subchapter.’’.
(c) MAXIMUM ENROLLMENT.—Section 1231(d) of the
Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended
by striking ‘‘36,400,000’’ and inserting ‘‘41,100,000’’.
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(d) DURATION OF CONTRACTS; HARDWOOD TREES.—
Section 1231(e) of the Food Security Act of 1985 (16 U.S.C.
3831(e)) is amended—
(1) in paragraph (1), by striking ‘‘For the pur-
pose: and inserting ‘‘Except as provided in paragraph
(2)(D), for the purpose’’;
(2) in paragraph (2)—
(A) by striking ‘‘In the’’ and inserting the
following:
‘‘(A) IN GENERAL.—In the’’;
(B) by striking ‘‘The Secretary’’ and insert-
ing the following:
‘‘(B) EXISTING
HARDWOOD
TREE
CON-
TRACTS.—The Secretary’’; and
(C) by adding at the end the following:
‘‘(C) EXTENSION OF HARDWOOD TREE CON-
TRACTS.—
‘‘(i) IN GENERAL.—In the case of land
devoted to hardwood trees under a contract
entered into under this subchapter before the
date of enactment of this subparagraph, the
Secretary may extend the contract for a
term of not more than 15 years.
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‘‘(ii) RENTAL PAYMENTS.—The amount
of a rental payment for a contract extended
under clause (i)—
‘‘(I) shall be determined by the
Secretary; but
‘‘(II) shall not exceed 50 percent
of the rental payment that was appli-
cable to the contract before the contract
was extended.
‘‘(D) NEW HARDWOOD TREE CONTRACTS.—
‘‘(i) IN GENERAL.—The Secretary may
enter into contracts of not less than 10, nor
more than 30, years with owners of land in-
tended to be devoted to hardwood trees after
the date of enactment of this paragraph.
‘‘(ii) PAYMENTS.—The Secretary shall
make payments under a contract described
in clause (i)—
‘‘(I) on an annual basis; and
‘‘(II) at such an appropriate rate
and in such appropriate amounts as
the Secretary shall determine in ac-
cordance with subparagraph (C)(ii).
‘‘(E) HARDWOOD
PLANNING
GOAL.—The
Secretary shall take such steps as the Secretary
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determines are necessary to ensure, to the max-
imum extent practicable, that all hardwood tree
sites annually enrolled in the conservation re-
serve program are reforested with appropriate
species.’’; and
(3) by adding at the end the following:
‘‘(3) 1-YEAR EXTENSION.—In the case of a con-
tract described in paragraph (1) the term of which ex-
pires during calendar year 2002, an owner or oper-
ator of land enrolled under the contract may extend
the contract for 1 additional year.’’.
(e) PILOT PROGRAM FOR ENROLLMENT OF WETLAND
AND BUFFER ACREAGE IN CONSERVATION RESERVE.—Sec-
tion 1231(h) of the Food Security Act of 1985 (16 U.S.C.
3831(h)) is amended—
(1) in the subsection heading, by striking
‘‘PILOT’’;
(2) in paragraph (1), by striking ‘‘During the
2001 and 2002 calendar years, the Secretary shall
carry out a pilot program’’ and inserting ‘‘During
the 2002 through 2006 calendar years, the Secretary
shall carry out a program’’;
(3) in paragraph (2), by striking ‘‘pilot’’; and
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(4) in paragraph (3)(D)(i), by striking ‘‘5 con-
tiguous acres.’’ and inserting ‘‘10 contiguous acres, of
which—
‘‘(I) not more than 5 acres shall
be eligible for payment; and
‘‘(II) all acres (including acres
that are ineligible for payment) shall
be covered by the conservation con-
tract.’’.
(f) IRRIGATED LAND.—Section 1231 of the Food Secu-
rity Act of 1985 (16 U.S.C. 3831) is amended by adding
at the end the following:
‘‘(i) IRRIGATED LAND.—Irrigated land shall be en-
rolled in the programs described in subsection (b)(6) at irri-
gated land rates unless the Secretary determines that other
compensation is appropriate.’’.
(g) VEGETATIVE COVER; HAYING AND GRAZING; WIND
TURBINES.—Section 1232(a) of the Food Security Act of
1985 (16 U.S.C. 3832(a)) is amended—
(1) in paragraph (4)—
(A) in subparagraph (A), by striking ‘‘and’’
at the end;
(B) in subparagraph (B), by inserting
‘‘and’’ after the semicolon at the end; and
(C) by adding at the end the following:
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‘‘(C) in the case of marginal pasture land,
an owner or operator shall not be required to
plant trees if the land is to be restored—
‘‘(i) as wetland; or
‘‘(ii) with appropriate native riparian
vegetation;’’;
(2) in paragraph (7)—
(A) by striking ‘‘except that the Secretary—
’’ and inserting ‘‘except that—’’;
(B) in subparagraph (A)—
(i) by striking ‘‘(A) may’’ and insert-
ing ‘‘(A) the Secretary may’’; and
(ii) by striking ‘‘and’’ at the end;
(C) in subparagraph (B)—
(i) by striking ‘‘(B) shall’’ and insert-
ing ‘‘(B) the Secretary shall’’; and
(ii) by striking the period at the end
and inserting a semicolon;
(D) in subparagraph (C), by striking the
period at the end and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(D) for maintenance purposes, the Sec-
retary may permit harvesting or grazing or
other commercial uses of forage, in a manner
that is consistent with the purposes of this sub-
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chapter and a conservation plan approved by the
Secretary, on acres enrolled—
‘‘(i) to establish conservation buffers as
part of the program described in a notice
issued on March 24, 1998 (63 Fed. Reg.
14109) or a successor program; and
‘‘(ii) into the conservation reserve en-
hancement program described in a notice
issued on May 27, 1998 (63 Fed. Reg.
28965) or a successor program.’’;
(3) in paragraph (9), by striking ‘‘and’’ at the
end;
(4) by redesignating paragraph (10) as para-
graph (11); and
(5) by inserting after paragraph (9) the fol-
lowing:
‘‘(10) with respect to any contract entered into
after the date of enactment of the Agriculture, Con-
servation, and Rural Enhancement Act of 2002—
‘‘(A) not to produce a crop for the duration
of the contract on any other highly erodible land
that the owner or operator owns unless the high-
ly erodible land—
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‘‘(i) has a history of being used to
produce a crop other than a forage crop, as
determined by the Secretary; or
‘‘(ii) is being used as a homestead or
building site at the time of purchase; and
‘‘(B) on a violation of a contract described
in subparagraph (A), to be subject to the require-
ments of paragraph (5); and’’.
(h) WIND TURBINES.—Section 1232 of the Food Secu-
rity Act of 1985 (8906 U.S.C. 3832) is amended by adding
at the end the following:
‘‘(f) WIND TURBINES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary may permit an owner or operator of land
that is enrolled in the conservation reserve program,
but that is not enrolled under continuous signup (as
described in section 1231(b)(6)), to install wind tur-
bines on the land.
‘‘(2) NUMBER; LOCATION.—The Secretary shall
determine the number and location of wind turbines
that may be installed on a tract of land under para-
graph (1), taking into account—
‘‘(A) the location, size, and other physical
characteristics of the land;
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‘‘(B) the extent to which the land contains
wildlife and wildlife habitat; and
‘‘(C) the purposes of the conservation reserve
program.
‘‘(3) PAYMENT
LIMITATION.—Notwithstanding
the amount of a rental payment limited by section
1234(c)(2) and specified in a contract entered into
under this chapter, the Secretary shall reduce the
amount of the rental payment paid to an owner or
operator of land on which 1 or more wind turbines
are installed under this subsection by an amount de-
termined by the Secretary to be commensurate with
the value of the reduction of benefit gained by enroll-
ment of the land in the conservation reserve pro-
gram.’’.
(i) ADDITIONAL ELIGIBLE PRACTICES.—Section 1234
of the Food Security Act of 1985 (16 U.S.C. 3834) is
amended by adding at the end the following:
‘‘(i) PAYMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary shall provide signing and practice incentive
payments under the conservation reserve program to
owners and operators that implement a practice
under—
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‘‘(A) the program to establish conservation
buffers described in a notice issued on March 24,
1998 (63 Fed. Reg. 14109) or a successor pro-
gram; or
‘‘(B) the conservation reserve enhancement
program described in a notice issued on May 27,
1998 (63 Fed. Reg. 28965) or a successor pro-
gram.
‘‘(2) OTHER
PRACTICES.—The Secretary shall
administer paragraph (1) in a manner that does not
reduce the amount of payments made by the Sec-
retary for other practices under the conservation re-
serve program.’’.
(j) PAYMENTS.—Section 1239C(f) of the Food Security
Act of 1985 (16 U.S.C. 3839c(f)) is amended by adding at
the end the following:
‘‘(5) EXCEPTION.—Paragraph (1) shall not
apply to any land enrolled in—
‘‘(A) the program to establish conservation
buffers described in a notice issued on March 24,
1998 (63 Fed. Reg. 14109) or a successor pro-
gram; or
‘‘(B) the conservation reserve enhancement
program described in a notice issued on May 27,