†
331
HR 2419 EAS
(g) DUTIES OF PARTICIPANTS.—Section 1232(a) of the
Food Security Act of 1985 (16 U.S.C. 3832(a)) is
amended—
(1) in paragraph (4)—
(A) by redesignating subparagraphs (A)
and (B) as subparagraphs (B) and (C), respec-
tively; and
(B) by inserting before subparagraph (B)
(as so redesignated) the following:
‘‘(A) approved vegetative cover shall encour-
age the planting of native species and restoration
of biodiversity;’’;
(2) by redesignating paragraphs (5) through (10)
as paragraphs (6) through (11), respectively; and
(3) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) to undertake active management on the
land as needed throughout the term of the contract to
implement the conservation plan;’’.
(h) MANAGED HARVESTING AND GRAZING.—Section
1232(a)(7) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)) is amended—
(1) in the matter preceding subparagraph (A),
by inserting ‘‘and brood rearing’’ after ‘‘habitat dur-
ing nesting’’; and
†
332
HR 2419 EAS
(2) in subparagraph (A), by striking ‘‘biomass)’’
and inserting ‘‘biomass and prescribed grazing for the
control of invasive species), if such activity is per-
mitted and consistent with the conservation plan de-
scribed in subsection (b)(1)(A))’’.
(i) CONSERVATION PLANS.—Section 1232(b)(1)(A) of
the Food Security Act of 1985 (16 U.S.C. 3832(b)(1)(A))
is amended by striking ‘‘contract; and’’ and inserting the
following: ‘‘contract that are—
‘‘(i) compatible with the conservation
and improvement of soil, water, and wild-
life and wildlife habitat;
‘‘(ii) clearly described and apply
throughout the duration of the contract;
‘‘(iii) actively managed by the owner
or operator that entered into the contract;
and
‘‘(iv) consistent with local active man-
agement conservation measures and prac-
tices, as determined by the Secretary; and’’.
(j) ACCEPTANCE
OF CONTRACT OFFERS.—Section
1234(c) of the Food Security Act of 1985 (16 U.S.C.
3834(c)) is amended—
(1) by striking paragraph (3) and inserting the
following:
†
333
HR 2419 EAS
‘‘(3) ACCEPTANCE OF CONTRACT OFFERS.—
‘‘(A) EVALUATION
OF
OFFERS.—In deter-
mining the acceptability of contract offers, the
Secretary may take into consideration the extent
to which enrollment of the land that is the sub-
ject of the contract offer would improve soil re-
sources, water quality, pollinator, fish, or wild-
life habitat, or provide other environmental bene-
fits.
‘‘(B) LOCAL PREFERENCE.—In determining
the acceptability of contract offers for new enroll-
ments if, as determined by the Secretary, the
land would provide at least equivalent conserva-
tion benefits to land under competing offers, the
Secretary shall, to the maximum extent prac-
ticable, accept an offer from an owner or oper-
ator that is a resident of the county in which the
land is located or of a contiguous county.’’; and
(2) by adding at the end the following:
‘‘(5) RENTAL RATES.—
‘‘(A) ANNUAL ESTIMATES.—Not later than
1 year after the date of enactment of this para-
graph, the Secretary (acting through the Na-
tional Agricultural Statistics Service) shall con-
duct an annual survey of per acre estimates of
†
334
HR 2419 EAS
county average market dryland and irrigated
cash rental rates for cropland and pastureland
in all counties or equivalent subdivisions within
each State that have 20,000 acres or more of
cropland and pastureland.
‘‘(B) 
PUBLIC
AVAILABILITY
OF
ESTI-
MATES.—The estimates derived from the annual
survey conducted under subparagraph (A) shall
be maintained on a website of the Department of
Agriculture for use by the general public.’’.
(k) EARLY TERMINATION BY OWNER OR OPERATOR.—
Section 1235(e)(1) of the Food Security Act of 1985 (16
U.S.C. 3835(e)(1)) is amended by striking subparagraph
(A) and inserting the following:
‘‘(A) IN
GENERAL.—The Secretary shall
allow a participant to terminate a conservation
reserve contract at any time if, as determined by
the Secretary—
‘‘(i) the participant entered into a con-
tract under this subchapter before January
1, 1995, and the contract has been in effect
for at least 5 years; or
‘‘(ii) in the case of a participant who
is disabled (as defined in section 72(m)(7)
of the Internal Revenue Code of 1986) or re-
†
335
HR 2419 EAS
tired from farming or ranching, the partici-
pant has endured financial hardship as a
result of the taxation of rental payments re-
ceived.’’.
SEC. 2312. FLOODED FARMLAND PROGRAM.
Subchapter B of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3831a et seq.)
is amended by adding at the end the following:
‘‘SEC. 1235B. FLOODED FARMLAND PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CLOSED BASIN LAKE OR POTHOLE.—The
term ‘closed basin lake or pothole’ means a naturally
occurring lake, pond, pothole, or group of potholes
within a tract that—
‘‘(A) covered, on average, at least 5 acres in
surface area during the preceding 3 crop years,
as determined by the Secretary; and
‘‘(B) has no natural outlet.
‘‘(2) TRACT.—The term ‘tract’ has the meaning
given the term by the Secretary.
‘‘(b) PROGRAM.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law (including regulations), as part of
the conservation reserve program established under
this subchapter, the Secretary shall offer to enter into
†
336
HR 2419 EAS
contracts under which the Secretary shall permit the
enrollment in the conservation reserve of eligible crop-
land and grazing land that has been flooded by the
natural overflow of a closed basin lake or pothole lo-
cated within the Prairie Pothole Region of the north-
ern Great Plains priority area (as determined by the
Secretary, by regulation).
‘‘(2) EXTENSIONS.—The Secretary may offer to
extend a contract entered into under paragraph (1) if
the Secretary determines that conditions persist that
make cropland or grazing land covered by the con-
tract and eligible for entry into the program under
this section.
‘‘(c) CONTINUOUS SIGNUP.—The Secretary shall offer
the program under this section through continuous signup
under this subchapter.
‘‘(d) ELIGIBILITY.—
‘‘(1) IN GENERAL.—To be eligible to enter into a
contract under subsection (b), the owner shall own
land that, as determined by the Secretary—
‘‘(A) during the 3 crop years preceding
entry into the contract, was rendered incapable
of use for the production of an agricultural com-
modity or for grazing purposes; and
†
337
HR 2419 EAS
‘‘(B) prior to the natural overflow of a
closed basin lake or pothole caused by a period
of precipitation in excess of historical patterns,
had been consistently used for the production of
crops or as grazing land.
‘‘(2) INCLUSIONS.—Land described in paragraph
(1) shall include—
‘‘(A) land that has been flooded as the result
of the natural overflow of a closed basin lake or
pothole;
‘‘(B) land that has been rendered inacces-
sible due to flooding as the result of the natural
overflow of a closed basin lake or pothole; and
‘‘(C) a reasonable quantity of additional
land adjoining the flooded land that would en-
hance the conservation or wildlife value of the
tract, as determined by the Secretary.
‘‘(3) 
ADMINISTRATION.—The 
Secretary 
may
establish—
‘‘(A) reasonable minimum acreage levels for
individual parcels of land that may be included
in a contract entered into under this section; and
‘‘(B) the location and area of adjoining
flooded land that may be included in a contract
entered into under this section.
†
338
HR 2419 EAS
‘‘(e) PAYMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
rate of an annual rental payment under this section,
as determined by the Secretary—
‘‘(A) shall be based on the rental rate under
this subchapter for cropland, and an appropriate
rental rate for pastureland; and
‘‘(B) may be reduced by up to 25 percent,
based on the ratio of upland associated with the
enrollment of the flooded land.
‘‘(2) EXCLUSIONS.—During the term of a con-
tract entered into under this section, an owner shall
not be eligible to participate in or receive benefits for
land that is included in the contract under—
‘‘(A) the Federal crop insurance program
established under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.);
‘‘(B) the noninsured crop assistance pro-
gram established under section 196 of the Fed-
eral Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333); or
‘‘(C) any Federal agricultural crop disaster
assistance program.
‘‘(f) RELATIONSHIP TO AGRICULTURAL COMMODITY
PROGRAMS.—
†
339
HR 2419 EAS
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary, by regulation, shall provide for the preser-
vation of cropland base, allotment history, and pay-
ment yields applicable to land that was rendered in-
capable of use for the production of an agricultural
commodity or for grazing purposes as the result of the
natural overflow of a closed basin lake or pothole.
‘‘(2) TERMINATION
OF
CONTRACT.—On termi-
nation of a contract under this section, the Secretary
shall adjust the cropland base, allotment history, and
payment yields for land covered by the contract to en-
sure equitable treatment of the land relative to pro-
gram payment yields of comparable land in the coun-
ty that was not flooded as a result of the natural
overflow of a closed basin lake or pothole and was ca-
pable of remaining in agricultural production.
‘‘(g) USE OF LAND.—An owner that has entered into
a contract with the Secretary under this section shall take
such actions as are necessary to avoid degrading any wild-
life habitat on land covered by the contract that has natu-
rally developed as a result of the natural overflow of a closed
basin lake or pothole.’’.
SEC. 2313. WILDLIFE HABITAT PROGRAM.
Subchapter B of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3831a et seq.)
†
340
HR 2419 EAS
(as amended by section 2312) is amended by adding at the
end the following:
‘‘SEC. 1235C. WILDLIFE HABITAT PROGRAM.
‘‘(a) IN GENERAL.—As part of the conservation reserve
program established under this subchapter, the Secretary
shall carry out a program to provide to owners and opera-
tors who have entered into contracts under this subchapter
and established softwood pine stands, for each of fiscal years
2008 through 2012, assistance to carry out, on the acreage
of the owner or operator enrolled in the program under this
subchapter, activities that improve the condition of the en-
rolled land for the benefit of wildlife.
‘‘(b) SCOPE OF PROGRAM.—In carrying out the pro-
gram under this section, the Secretary shall determine—
‘‘(1) the amount and rate of payments (includ-
ing incentive payments and cost-sharing payments)
to be made to owners and operators who participate
in the program to ensure the participation of those
owners and operators;
‘‘(2) the areas in each of the States in which
owners and operators referred to in subsection (a) are
located that should be given priority under the pro-
gram, based on the need in those areas for changes in
the condition of land to benefit wildlife; and
†
341
HR 2419 EAS
‘‘(3) the management strategies and practices
(including thinning, burning, seeding, establishing
wildlife food plots, and such other practices that have
benefits for wildlife as are approved by the Secretary)
that may be carried out by owners and operators
under the program.
‘‘(c) AGREEMENTS.—
‘‘(1) IN GENERAL.—An owner or operator de-
scribed in subsection (a) that seeks to receive assist-
ance under this section shall enter into an agreement
with the Secretary that—
‘‘(A) describes the management strategies
and practices referred to in subsection (b)(3) that
will be carried out by the owner or operator
under the agreement;
‘‘(B) describes measures to be taken by the
owner or operator to ensure active but flexible
management of acreage covered by the agree-
ment;
‘‘(C) requires the owner or operator to sub-
mit to periodic monitoring and evaluation by
wildlife or forestry agencies of the State in which
land covered by the agreement is located; and
‘‘(D) contains such other terms or condi-
tions as the Secretary may require.
†
342
HR 2419 EAS
‘‘(2) TERM; INCLUSION IN CONTRACT.—An agree-
ment entered into under this section shall have a term
of not more than 5 years.
‘‘(d) PARTNERSHIPS.—In carrying out this section, the
Secretary may establish or identify and, as appropriate,
require owners and operators participating in the program
under this section to work cooperatively with, partnerships
among the Secretary and State, local, and nongovernmental
organizations.
‘‘(e) TECHNICAL ASSISTANCE AND COST SHARING.—
The Secretary may provide to owners and operators partici-
pating in the program under this section, and members of
partnerships described in subsection (d)—
‘‘(1) technical assistance for use in carrying out
an activity covered by an agreement described in sub-
section (c); and
‘‘(2) a payment for use in covering a percentage
of the costs of carrying out each such activity that
does not exceed the applicable amount and rate deter-
mined by the Secretary under subsection (b)(1).
‘‘(f) TERMINATION OF PROGRAM.—The program under
this section shall terminate on September 30, 2011.’’.
†
343
HR 2419 EAS
Subchapter C—Wetlands Reserve Program
SEC. 2321. WETLANDS RESERVE PROGRAM.
Section 1237 of the Food Security Act of 1985 (16
U.S.C. 3837) is amended—
(1) by striking subsection (b) and inserting the
following:
‘‘(b) ENROLLMENT CONDITIONS.—
‘‘(1) ANNUAL ENROLLMENT.—To the maximum
extent practicable, the Secretary shall enroll 250,000
acres in each fiscal year, with no enrollments begin-
ning in fiscal year 2013.
‘‘(2) METHODS OF ENROLLMENT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the Secretary shall enroll
acreage into the wetlands reserve program
through the use of—
‘‘(i) permanent easements;
‘‘(ii) 30-year easements;
‘‘(iii) 
restoration 
cost-share 
agree-
ments; or
‘‘(iv) any combination of the options
described in clauses (i) through (iii).
‘‘(B) 
ACREAGE
OWNED
BY
INDIAN
TRIBES.—In the case of acreage owned by an In-
dian tribe, the Secretary shall enroll acreage into
†
344
HR 2419 EAS
the wetlands reserve program through the use
of—
‘‘(i) a 30-year contract (the value of
which shall be equivalent to the value of a
30-year easement);
‘‘(ii) restoration cost-share agreements;
or
‘‘(iii) any combination of the options
described in clauses (i) and (ii).’’;
(2) in subsection (c), by striking ‘‘2007 cal-
endar’’ and inserting ‘‘2012 fiscal’’; and
(3) in subsection (d)—
(A) in paragraph (2), by striking ‘‘or’’ at
the end; and
(B) by striking paragraph (3) and inserting
the following:
‘‘(3) a riparian area; or
‘‘(4) a riparian area and an adjacent area that
links the riparian area to other parcels of wetland
that are protected by wetlands reserve agreements or
some other device or circumstance that achieves the
same purpose as a wetlands reserve agreement.’’.
†
345
HR 2419 EAS
SEC. 2322. EASEMENTS AND AGREEMENTS.
(a) TERMS OF EASEMENT.—Section 1237A(b)(2)(B) of
the Food Security Act of 1985 (16 U.S.C. 3837a(b)(2)(B))
is amended—
(1) in clause (i), by striking ‘‘or’’ at the end;
(2) in clause (ii), by striking ‘‘; and’’ and insert-
ing ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(iii) to meet habitat needs of specific
wildlife species; and’’.
(b) COMPENSATION.—Section 1237A(f) of the Food Se-
curity Act of 1985 (16 U.S.C. 3837a(f)) is amended—
(1) in the first sentence—
(A) by striking ‘‘Compensation’’ and insert-
ing the following:
‘‘(1) IN GENERAL.—Compensation’’; and
(B) by striking ‘‘agreed to’’ and all that fol-
lows through ‘‘encumbered by the easement’’ and
inserting ‘‘determined under paragraph (4)’’;
(2) in the second sentence, by striking ‘‘Lands’’
and inserting the following:
‘‘(2) BIDS.—Land’’;
(3) by striking the third sentence and inserting
the following:
‘‘(3) PAYMENTS.—Compensation may be pro-
vided in not less than 1 and not more than 30 annual
†
346
HR 2419 EAS
payments of equal or unequal size, as agreed to by the
owner and the Secretary.’’; and
(4) by adding at the end the following:
‘‘(4) COMPENSATION.—Effective on the date of
enactment of this paragraph, the Secretary shall pay
the lowest amount of compensation for a conservation
easement, as determined by a comparison of subpara-
graphs (A), (B), and (C):
‘‘(A) The amount necessary to encourage the
enrollment of parcels of land that are of impor-
tance in achieving the purposes of the program,
as determined by the State Conservationist, with
advice from the State technical committee, based
on 1 of the following:
‘‘(i) The net present value of 30 years
of annual rental payments based on the
county simple average soil rental rates de-
veloped under subchapter B.
‘‘(ii) An area-wide market analysis or
survey.
‘‘(iii) An amount not less than the
value of the agricultural or otherwise unde-
veloped raw land based on the Uniform
Standards of Professional Appraisal Prac-
tice.
†
347
HR 2419 EAS
‘‘(B) The amount corresponding to a geo-
graphical area value limitation, as determined
by the State Conservationist, with advice from
the State technical committee.
‘‘(C) The amount contained in the offer
made by the landowner.’’.
(c) WETLANDS RESERVE ENHANCEMENT PROGRAM.—
Section 1237A of the Food Security Act of 1985 (16 U.S.C.
3837a) is amended by adding at the end the following:
‘‘(h) WETLANDS
RESERVE
ENHANCEMENT
PRO-
GRAM.—
‘‘(1) IN
GENERAL.—The Secretary may enter
into 1 or more agreements with a State (including a
political subdivision or agency of a State), non-
governmental organization, or Indian tribe to carry
out a special wetlands reserve enhancement program
that the Secretary determines would advance the pur-
poses of this subchapter.
‘‘(2) RESERVED
RIGHTS.—Under the wetlands
reserve enhancement program, the Secretary may use
unique wetlands reserve agreements that may include
certain compatible uses as reserved rights in the war-
ranty easement deed restriction, if using those agree-
ments is determined by the Secretary to be—
†
348
HR 2419 EAS
‘‘(A) consistent with the long-term wetland
protection and enhancement goals for which the
easement was established; and
‘‘(B) in accordance with a conservation
plan.’’.
(d) REPORT.—
(1) IN GENERAL.—Not later than January 1,
2010, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that evaluates the implications of
the long-term nature of conservation easements grant-
ed under section 1237A of the Food Security Act of
1985 (16 U.S.C. 3837a) on resources of the Depart-
ment of Agriculture.
(2) INCLUSIONS.—The report shall include—
(A) data relating to the number and loca-
tion of conservation easements granted under
that section that the Secretary holds or has a sig-
nificant role in monitoring or managing;
(B) an assessment of the extent to which the
oversight of the conservation easement agree-
ments impacts the availability of resources, in-
cluding technical assistance;
†
349
HR 2419 EAS
(C) an assessment of the uses and value of
agreements with partner organizations; and
(D) any other relevant information relating
to costs or other effects that would be helpful to
the Committees.
SEC. 2323. PAYMENTS.
Section 1237D(c) of the Food Security Act of 1985 (16
U.S.C. 3837d(c)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘The total’’ and inserting
‘‘Subject to section 1244(i), the total’’;
(B) by striking ‘‘easement payments’’ and
inserting ‘‘payments’’;
(C) by striking ‘‘person’’ and inserting ‘‘in-
dividual’’; and
(D) by inserting ‘‘or under 30-year con-
tracts or restoration agreements’’ before the pe-
riod at the end; and
(2) in paragraph (3)—
(A) by striking ‘‘Easement payments’’ and
inserting ‘‘Payments’’; and
(B) by striking ‘‘the Food, Agriculture, Con-
servation, and Trade Act of 1990, or the Agricul-
tural Act of 1949 (7 U.S.C. 1421 et seq.)’’ and
inserting ‘‘the Federal Agriculture Improvement
†
350
HR 2419 EAS
and Reform Act of 1996 (Public Law 104–127;
110 Stat. 888), or the Farm Security and Rural
Investment Act of 2002 (Public Law 107–171;
116 Stat. 134)’’.
Subchapter D—Healthy Forests Reserve
Program
SEC. 2331. HEALTHY FORESTS RESERVE PROGRAM.
(a) IN GENERAL.—Chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.)
is amended by adding at the end the following:
‘‘Subchapter D—Healthy Forests Reserve
Program
‘‘SEC. 1237M. ESTABLISHMENT OF HEALTHY FORESTS RE-
SERVE PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
the healthy forests reserve program for the purpose of restor-
ing and enhancing forest ecosystems—
‘‘(1) to promote the recovery of threatened and
endangered species;
‘‘(2) to improve biodiversity; and
‘‘(3) to enhance carbon sequestration.
‘‘(b) COORDINATION.—The Secretary shall carry out
the healthy forests reserve program in coordination with the
Secretary of the Interior and the Secretary of Commerce.
†
351
HR 2419 EAS
‘‘SEC. 1237N. ELIGIBILITY AND ENROLLMENT OF LANDS IN
PROGRAM.
‘‘(a) IN GENERAL.—The Secretary, in coordination
with the Secretary of the Interior and the Secretary of Com-
merce, shall describe and define forest ecosystems that are
eligible for enrollment in the healthy forests reserve pro-
gram.
‘‘(b) ELIGIBILITY.—To be eligible for enrollment in the
healthy forests reserve program, land shall be—
‘‘(1) private land the enrollment of which will
restore, enhance, or otherwise measurably increase the
likelihood of recovery of a species listed as endangered
or threatened under section 4 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1533); and
‘‘(2) private land the enrollment of which will
restore, enhance, or otherwise measurably improve the
well-being of species that—
‘‘(A) are not listed as endangered or threat-
ened under section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533); but
‘‘(B) are candidates for such listing, State-
listed species, or special concern species.
‘‘(c) OTHER CONSIDERATIONS.—In enrolling land that
satisfies the criteria under subsection (b), the Secretary
shall give additional consideration to land the enrollment
of which will—
†
352
HR 2419 EAS
‘‘(1) improve biological diversity; and
‘‘(2) increase carbon sequestration.
‘‘(d) ENROLLMENT BY WILLING OWNERS.—The Sec-
retary shall enroll land in the healthy forests reserve pro-
gram only with the consent of the owner of the land.
‘‘(e) METHODS OF ENROLLMENT.—
‘‘(1) IN GENERAL.—Land may be enrolled in the
healthy forests reserve program in accordance with—
‘‘(A) a 10-year cost-share agreement;
‘‘(B) a 30-year easement; or
‘‘(C) a permanent easement.
‘‘(2) PROPORTION.—The extent to which each en-
rollment method is used shall be based on the approxi-
mate proportion of owner interest expressed in that
method in comparison to the other methods.
‘‘(3) ACREAGE OWNED BY INDIAN TRIBES.—In
the case of acreage owned by an Indian tribe, the Sec-
retary may enroll acreage into the healthy forests re-
serve program through the use of—
‘‘(A) a 30-year contract (the value of which
shall be equivalent to the value of a 30-year ease-
ment);
‘‘(B) a 10-year cost-share agreement; or
‘‘(C) any combination of the options de-
scribed in subparagraphs (A) and (B).
†
353
HR 2419 EAS
‘‘(f) ENROLLMENT PRIORITY.—
‘‘(1) SPECIES.—The Secretary shall give priority
to the enrollment of land that provides the greatest
conservation benefit to—
‘‘(A) primarily, species listed as endangered
or threatened under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533); and
‘‘(B) secondarily, species that—
‘‘(i) are not listed as endangered or
threatened under section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533);
but
‘‘(ii) are candidates for such listing,
State-listed species, or special concern spe-
cies.
‘‘(2) COST-EFFECTIVENESS.—The Secretary shall
also consider the cost-effectiveness of each agreement
or easement, and associated restoration plans, so as
to maximize the environmental benefits per dollar ex-
pended.
‘‘SEC. 1237O. RESTORATION PLANS.
‘‘(a) IN GENERAL.—Land enrolled in the healthy for-
ests reserve program shall be subject to a restoration plan,
to be developed jointly by the landowner and the Secretary,
in coordination with the Secretary of Interior.
†
354
HR 2419 EAS
‘‘(b) PRACTICES.—The restoration plan shall require
such restoration practices as are necessary to restore and
enhance habitat for—
‘‘(1) species listed as endangered or threatened
under section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533); and
‘‘(2) animal or plant species before the species
reach threatened or endangered status, such as can-
didate, State-listed species, and special concern spe-
cies.
‘‘SEC. 1237P. FINANCIAL ASSISTANCE.
‘‘(a) PERMANENT EASEMENTS.—In the case of land
enrolled in the healthy forests reserve program using a per-
manent easement, the Secretary shall pay to the owner of
the land an amount equal to not less than 75 percent, nor
more than 100 percent, of (as determined by the Sec-
retary)—
‘‘(1) the fair market value of the enrolled land
during the period the land is subject to the easement,
less the fair market value of the land encumbered by
the easement; and
‘‘(2) the actual costs of the approved conservation
practices or the average cost of approved practices
carried out on the land during the period in which
the land is subject to the easement.
†
355
HR 2419 EAS
‘‘(b) 30-YEAR EASEMENT OR CONTRACT.—In the case
of land enrolled in the healthy forests reserve program using
a 30-year easement or contract, the Secretary shall pay the
owner of the land an amount equal to not more than (as
determined by the Secretary)—
‘‘(1) 75 percent of the fair market value of the
land, less the fair market value of the land encum-
bered by the easement or contract; and
‘‘(2) 75 percent of the actual costs of the ap-
proved conservation practices or 75 percent of the av-
erage cost of approved practices.
‘‘(c) 10-YEAR AGREEMENT.—In the case of land en-
rolled in the healthy forests reserve program using a 10-
year cost-share agreement, the Secretary shall pay the
owner of the land an amount equal to not more than (as
determined by the Secretary)—
‘‘(1) 50 percent of the actual costs of the ap-
proved conservation practices; or
‘‘(2) 50 percent of the average cost of approved
practices.
‘‘(d) ACCEPTANCE
OF
CONTRIBUTIONS.—The Sec-
retary may accept and use contributions of non-Federal
funds to make payments under this section.
†
356
HR 2419 EAS
‘‘SEC. 1237Q. TECHNICAL ASSISTANCE.
‘‘(a) IN GENERAL.—The Secretary shall provide land-
owners with technical assistance to assist the owners in
complying with the terms of plans (as included in agree-
ments or easements) under the healthy forests reserve pro-
gram.
‘‘(b) TECHNICAL SERVICE PROVIDERS.—The Secretary
may request the services of, and enter into cooperative
agreements with, individuals or entities certified as tech-
nical service providers under section 1242, to assist the Sec-
retary in providing technical assistance necessary to de-
velop and implement the healthy forests reserve program.
‘‘SEC. 1237R. PROTECTIONS AND MEASURES.
‘‘(a) PROTECTIONS.—In the case of a landowner that
enrolls land in the program and whose conservation activi-
ties result in a net conservation benefit for listed, candidate,
or other species, the Secretary shall make available to the
landowner safe harbor or similar assurances and protection
under—
‘‘(1) section 7(b)(4) of the Endangered Species
Act of 1973 (16 U.S.C. 1536(b)(4)); or
‘‘(2) section 10(a)(1) of that Act (16 U.S.C.
1539(a)(1)).
‘‘(b) MEASURES.—If protection under subsection (a)
requires the taking of measures that are in addition to the
measures covered by the applicable restoration plan agreed
†
357
HR 2419 EAS
to under section 1237O, the cost of the additional measures,
as well as the cost of any permit, shall be considered part
of the restoration plan for purposes of financial assistance
under section 1237P.
‘‘SEC. 1237S. INVOLVEMENT BY OTHER AGENCIES AND OR-
GANIZATIONS.
‘‘In carrying out this subchapter, the Secretary may
consult with—
‘‘(1) nonindustrial private forest landowners;
‘‘(2) other Federal agencies;
‘‘(3) State fish and wildlife agencies;
‘‘(4) State forestry agencies;
‘‘(5) State environmental quality agencies;
‘‘(6) other State conservation agencies; and
‘‘(7) nonprofit conservation organizations.
‘‘SEC. 1237T. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subchapter such sums as are necessary for each of fiscal
years 2008 through 2012.’’.
(b) CONFORMING AMENDMENTS.—The Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.) is
amended—
(1) by striking title V (16 U.S.C. 6571 et seq.);
and
†
358
HR 2419 EAS
(2) by redesignating title VI and section 601 (16
U.S.C. 6591) as title V and section 501, respectively.
CHAPTER 2—COMPREHENSIVE
STEWARDSHIP INCENTIVES PROGRAM
Subchapter A—General Provisions
SEC. 2341. COMPREHENSIVE STEWARDSHIP INCENTIVES
PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3830 et seq.) is amended by adding at the end
the following:
‘‘CHAPTER 6—COMPREHENSIVE
STEWARDSHIP INCENTIVES PROGRAM
‘‘Subchapter A—Comprehensive Stewardship
Incentives Program
‘‘SEC. 1240T. COMPREHENSIVE STEWARDSHIP INCENTIVES
PROGRAM.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish
a comprehensive stewardship incentives program (re-
ferred to in this chapter as ‘CSIP’) to—
‘‘(A) promote coordinated efforts within
conservation programs in this chapter to address
resources of concern, as identified at the local
level;
†
359
HR 2419 EAS
‘‘(B) encourage the adoption of conservation
practices, activities and management measures;
and
‘‘(C) promote agricultural production and
environmental quality as compatible goals.
‘‘(2) MEANS.—The Secretary shall carry out
CSIP by—
‘‘(A) identifying resources of concern at a
local level as described in subsection (b)(4);
‘‘(B) entering into contracts with owners
and operators of agricultural and nonindustrial
private forest land to—
‘‘(i) address natural resource concerns;
‘‘(ii) meet regulatory requirements; or
‘‘(iii) achieve and maintain new con-
servation practices, activities and manage-
ment measures; and
‘‘(C) providing technical assistance.
‘‘(3) PROGRAMS.—CSIP shall consist of—
‘‘(A) the conservation stewardship program;
and
‘‘(B) the environmental quality incentives
program.
†
360
HR 2419 EAS
‘‘(4) DEFINITION OF RESOURCE OF CONCERN.—
In this chapter, the term ‘resource of concern’
means—
‘‘(A) a specific resource concern on agricul-
tural or nonindustrial private forest land that—
‘‘(i) is identified by the Secretary in
accordance with subsection (b)(4);
‘‘(ii) represents a significant conserva-
tion concern in the State to which agricul-
tural activities are contributing; and
‘‘(iii) is likely to be addressed success-
fully through the implementation of con-
servation practices, activities, and manage-
ment measures by owners and operators of
agricultural and nonindustrial private for-
est land; or
‘‘(B) a specific resource concern on agricul-
tural or nonindustrial private forest land that is
the subject of mandatory environmental require-
ments that apply to a producer under Federal,
State, or local law.
‘‘(b) ADMINISTRATION.—
‘‘(1) IN GENERAL.—In carrying out CSIP, the
Secretary shall ensure that the conservation programs
†
361
HR 2419 EAS
under this chapter are managed in a coordinated
manner.
‘‘(2) PLANS.—The Secretary shall, to the max-
imum extent practicable, avoid duplication in the
conservation plans required under this chapter and
comparable conservation and regulatory programs,
including a permit acquired under an approved
water or air quality regulatory program.
‘‘(3) TENANT PROTECTION.—The Secretary shall
provide adequate safeguards to protect the interests of
tenants and sharecroppers, including provision for
sharing, on a fair and equitable basis, in payments
under the programs established under this chapter.
‘‘(4) IDENTIFICATION
OF
RESOURCES
OF
CON-
CERN.—
‘‘(A) IN GENERAL.—The Secretary shall en-
sure that resources of concern are identified at
the State level in consultation with the State
Technical Committee.
‘‘(B) LIMITATION.—The Secretary shall
identify not more than 5 resources of concern in
a particular watershed or other appropriate re-
gion or area within a State.
‘‘(5) REGULATIONS.—Not later than 180 days
after the date of enactment of the Food and Energy
†
362
HR 2419 EAS
Security Act of 2007 the Secretary shall issue regula-
tions to implement the programs established under
this chapter.
‘‘Subchapter B—Conservation Stewardship
Program
‘‘SEC. 1240U. PURPOSES.
‘‘The purpose of the conservation stewardship program
is to promote agricultural production and environmental
quality as compatible goals, and to optimize environmental
benefits, by assisting producers—
‘‘(1) in promoting conservation and improving
resources of concern (including soil, water, and en-
ergy conservation, soil, water, and air quality, bio-
diversity, fish, wildlife and pollinator habitat, and re-
lated resources of concern, as defined by the Sec-
retary) by providing flexible assistance to install, im-
prove, and maintain conservation systems, practices,
activities, and management measures on agricultural
land (including cropland, grazing land, and wetland)
while sustaining production of food and fiber;
‘‘(2) in making beneficial, cost-effective changes
to conservation systems, practices, activities, and
management measures carried out on agricultural
and forest land relating to—
‘‘(A) cropping systems;
†
363
HR 2419 EAS
‘‘(B) grazing management systems;
‘‘(C) nutrient management associated with
livestock and crops;
‘‘(D) forest management;
‘‘(E) fuels management;
‘‘(F) integrated pest management;
‘‘(G) irrigation management;
‘‘(H) invasive species management;
‘‘(I) energy conservation; or
‘‘(J) other management-intensive issues;
‘‘(3) in complying with Federal, State, tribal,
and local requirements concerning—
‘‘(A) soil, water, and air quality;
‘‘(B) fish, wildlife, and pollinator habitat;
and
‘‘(C) surface water and groundwater con-
servation;
‘‘(4) in avoiding, to the maximum extent prac-
ticable, the need for resource and regulatory programs
by protecting resources of concern and meeting envi-
ronmental quality criteria established by Federal,
State, tribal, and local agencies; and
‘‘(5) by encouraging, consolidating, and stream-
lining conservation planning and regulatory compli-
ance processes to reduce administrative burdens on
†
364
HR 2419 EAS
producers and the cost of achieving environmental
goals.
‘‘SEC. 1240V. DEFINITIONS.
‘‘In this chapter:
‘‘(1) COMPREHENSIVE
CONSERVATION
PLAN.—
The term ‘comprehensive conservation plan’ means a
plan produced by following the planning process out-
lined in the applicable National Planning Procedures
Handbook of the Department of Agriculture with re-
gard to all applicable resources of concern.
‘‘(2) CONTRACT
OFFER.—The term ‘contract
offer’ means an application submitted by a producer
that seeks to address 1 or more resources of concern
with the assistance of the program.
‘‘(3) ENHANCEMENT
PAYMENT.—The term ‘en-
hancement payment’ means a payment described in
section 1240X(d).
‘‘(4) ELIGIBLE LAND.—The term ‘eligible land’
means land described in section 1240X(b).
‘‘(5) LIVESTOCK.—The term ‘livestock’ means
dairy cattle, beef cattle, laying hens, broilers, turkeys,
swine, sheep, goats, ducks, ratites, shellfish, alpacas,
bison, catfish, managed pollinators, and such other
animals and fish as are determined by the Secretary.
†
365
HR 2419 EAS
‘‘(6) MANAGEMENT INTENSITY.—The term ‘man-
agement intensity’ means the degree, scope, and com-
prehensiveness of conservation systems, practices, ac-
tivities, or management measures adopted by a pro-
ducer to improve and sustain the condition of a re-
source of concern.
‘‘(7) PAYMENT.—The term ‘payment’ means fi-
nancial assistance provided to a producer under the
program to compensate the producers for incurred
costs associated with planning, materials, installa-
tion, labor, management, maintenance, technical as-
sistance, and training, the value of risk, and income
forgone by the producer, as applicable, including—
‘‘(A) enhancement payments;
‘‘(B) CSP supplemental payments; and
‘‘(C) other payments provided under this
chapter.
‘‘(8) PRACTICE.—
‘‘(A) IN
GENERAL.—The term ‘practice’
means 1 or more measures that improve or sus-
tain a resource of concern.
‘‘(B) INCLUSIONS.—The term ‘practice’
includes—
†
366
HR 2419 EAS
‘‘(i) structural measures, vegetative
measures, and land management measures,
as determined by the Secretary; and
‘‘(ii) planning activities needed to im-
prove or sustain a resource of concern, in-
cluding implementation of—
‘‘(I) a comprehensive conservation
plan; and
‘‘(II) a comprehensive nutrient
management plan.
‘‘(9) PRODUCER.—The term ‘producer’ means an
individual who is an owner, operator, landlord, ten-
ant, or sharecropper that—
‘‘(A) derives income from, and controls, the
production or management of an agricultural
commodity, livestock, or nonindustrial forest
land regardless of ownership;
‘‘(B) shares in the risk of producing any
crop or livestock; and
‘‘(C)(i) 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); or
‘‘(ii) is a custom feeder or contract grower.
†
367
HR 2419 EAS
‘‘(10) PROGRAM.—The term ‘program’ means the
conservation stewardship program established under
this chapter.
‘‘(11) RESOURCE-CONSERVING CROP.—The term
‘resource-conserving crop’ means—
‘‘(A) a perennial grass;
‘‘(B) a legume grown for use as forage, seed
for planting, or 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;
‘‘(E) a winter annual oilseed crop that pro-
vides soil protection; and
‘‘(F) such other plantings as the Secretary
determines to be appropriate for a particular
area.
‘‘(12) 
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;
‘‘(D) interrupts pest cycles; and
†
368
HR 2419 EAS
‘‘(E) in applicable areas, reduces depletion
of soil moisture (or otherwise reduces the need for
irrigation).
‘‘(13) RESOURCE-SPECIFIC INDICES.—The term
‘resource-specific indices’ means indices developed by
the Secretary that measure or estimate the expected
level of resource and environmental outcomes of the
conservation systems, practices, activities, and man-
agement measures employed by a producer to address
a resource of concern on an agricultural operation.
‘‘(14) 
STEWARDSHIP
CONTRACT.—The 
term
‘stewardship contract’ means a contract entered into
under the conservation stewardship program to carry
out the programs and activities described in this
chapter.
‘‘(15) STEWARDSHIP
THRESHOLD.—The term
‘stewardship threshold’ means the level of natural re-
source conservation and environmental management
required, as determined by the Secretary—
‘‘(A) to maintain, conserve, and improve
the quality or quantity of a resource of concern
reflecting at a minimum, the resource manage-
ment system quality criteria described in the
handbooks of the Natural Resource Conservation
Service, if available and appropriate; or
†
369
HR 2419 EAS
‘‘(B) in the case of a resource of concern
that is the subject of a Federal, State, or local
regulatory requirement, to meet the higher of—
‘‘(i) the standards that are established
by the requirement for the resource of con-
cern; or
‘‘(ii) standards reflecting the resource
management system quality criteria de-
scribed in the handbooks of the Natural Re-
source Conservation Service, if available
and appropriate.
‘‘SEC. 1240W. ESTABLISHMENT OF PROGRAM.
‘‘The Secretary shall establish and, for each of fiscal
years 2008 through 2012, carry out a conservation steward-
ship program to assist producers in improving environ-
mental quality by addressing resources of concern in a com-
prehensive manner through—
‘‘(1) the addition of conservation systems, prac-
tices, activities, and management measures; and
‘‘(2) the active management, maintenance, and
improvement of existing, and adoption of new, con-
servation systems, practices, activities, and manage-
ment measures.
‘‘SEC. 1240X. ELIGIBILITY.
‘‘(a) ELIGIBLE PRODUCERS.—
†
370
HR 2419 EAS
‘‘(1) GENERAL PROGRAM ELIGIBILITY.—To be el-
igible to participate in the conservation stewardship
program, a producer shall—
‘‘(A) submit to the Secretary for approval a
contract offer to participate in the program;
‘‘(B) agree to receive technical services, ei-
ther directly from the Secretary or, at the option
of the producer, from an approved third party
under section 1242(b)(3);
‘‘(C) enter into a contract with the Sec-
retary, as described in subsection (c); and
‘‘(D) demonstrate to the satisfaction of the
Secretary that the producer—
‘‘(i) is addressing resources of concern
relating to both soil and water to at least
the stewardship threshold; and
‘‘(ii) is adequately addressing other re-
sources of concern applicable to the agricul-
tural operation, as determined by the Sec-
retary.
‘‘(b) ELIGIBLE LAND.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), private agricultural land that is eligible
for enrollment in the program includes—
†
371
HR 2419 EAS
‘‘(A) cropland (including vineyards and or-
chards);
‘‘(B) pasture land;
‘‘(C) rangeland;
‘‘(D) other agricultural land used for the
production of livestock;
‘‘(E) land used for agroforestry;
‘‘(F) land used for aquaculture;
‘‘(G) riparian areas adjacent to otherwise
eligible land;
‘‘(H) land under the jurisdiction of an In-
dian tribe (as determined by the Secretary);
‘‘(I) public land, if failure to enroll the land
in the program would defeat the purposes of the
program on private land that is an integral part
of the operation enrolled or offered to be enrolled
in the program by the producer;
‘‘(J) State and school owned land that is
under the effective control of a producer; and
‘‘(K) other agricultural land (including
cropped woodland and marshes) that the Sec-
retary determines is vulnerable to serious threats
to resources of concern.
‘‘(2) EXCLUSIONS.—
†
372
HR 2419 EAS
‘‘(A) LAND ENROLLED IN OTHER CONSERVA-
TION PROGRAMS.—The following land is not eli-
gible for enrollment in the program:
‘‘(i) Land enrolled in the conservation
reserve program under subchapter B of
chapter 1.
‘‘(ii) Land enrolled in the wetlands re-
serve program established under subchapter
C of chapter 1.
‘‘(B) CONVERSION TO CROPLAND.—With re-
gard to the program, land used for crop produc-
tion after May 13, 2002, that had not been
planted, considered to be planted, or devoted to
crop production for at least 4 of the 6 years pre-
ceding that date (except for land enrolled in the
conservation reserve program or that has been
maintained using long-term crop rotation prac-
tices, as determined by the Secretary) shall not
be the basis for any payment under the program.
‘‘(3) ECONOMIC USES.—The Secretary shall not
restrict economic uses of land covered by a program
contract (including buffers and other partial field
conservation practices) that comply with the agree-
ment and comprehensive conservation plan, or other
applicable law.
†
373
HR 2419 EAS
‘‘(c) CONTRACT REQUIREMENTS AND PROVISIONS.—
‘‘(1) IN GENERAL.—After a determination by the
Secretary that a producer is eligible to participate in
the program, and on acceptance of the contract offer
of the producer, the Secretary shall enter into a con-
tract with the producer to enroll the land to be cov-
ered by the contract.
‘‘(2) AGRICULTURAL OPERATIONS.—All acres of
all agricultural operations, whether or not contiguous,
that are under the effective control of a producer
within a particular watershed or region (or in a con-
tiguous watershed or region) of a State and constitute
a cohesive management unit, as determined by the
Secretary, at the time the producer enters into a stew-
ardship contract shall be covered by the stewardship
contract, other than land the producer has enrolled in
the conservation reserve program or the wetlands re-
serve program.
‘‘(3) RESOURCES OF CONCERN.—Each steward-
ship contract shall, at a minimum, meet or exceed the
stewardship threshold for at least 1 additional re-
source of concern by the end of the stewardship con-
tract through—
†
374
HR 2419 EAS
‘‘(A) the installation and adoption of addi-
tional conservation systems, practices, activities,
or management measures; and
‘‘(B) the active management and improve-
ment of conservation systems, practices, activi-
ties, and management measures in place at the
operation of the producer at the time the con-
tract offer is accepted by the Secretary.
‘‘(4) TERMS.—A contract entered into under
paragraph (1) shall—
‘‘(A) describe the land covered by the con-
tract;
‘‘(B) describe the practices or technical serv-
ices from an approved third party, to be imple-
mented on eligible land of the producer;
‘‘(C) state the amount of payments (deter-
mined in accordance with subsection (f)) the Sec-
retary agrees to make to the producer each year
of the contract;
‘‘(D) describe existing conservation systems,
practices, activities, and management measures
the producer agrees to maintain, manage, and
improve during the term of the stewardship con-
tract in order to meet and exceed the appropriate
†
375
HR 2419 EAS
stewardship threshold for the resources of con-
cern;
‘‘(E) describe the additional conservation
systems, practices, activities, and management
measures the producer agrees to plan, install,
maintain, and manage during the term of the
stewardship contract in order to meet and exceed
the appropriate stewardship threshold for the ap-
propriate resource or resources of concern;
‘‘(F) if applicable, describe the on-farm con-
servation research, demonstration, training, or
pilot project activities the producer agrees to un-
dertake during the term of the contract;
‘‘(G) if applicable, describe the on-farm
monitoring and evaluation activities the pro-
ducer agrees to undertake during the term of the
contract relating to—
‘‘(i) 
a 
comprehensive 
conservation
plan; or
‘‘(ii) conservation systems, practices,
activities, and management measures; and
‘‘(H) include such other provisions as the
Secretary determines are necessary to ensure that
the purposes of the program are achieved.
†
376
HR 2419 EAS
‘‘(5) 
ON-FARM
RESEARCH, 
DEMONSTRATION,
TRAINING, OR PILOT PROJECTS.—The Secretary may
approve a stewardship contract that includes—
‘‘(A) on-farm conservation research, dem-
onstration, and training activities; and
‘‘(B) pilot projects for evaluation of new
technologies or innovative conservation practices.
‘‘(6) DURATION.—A contract under this chapter
shall have a term of 5 years.
‘‘(7) EVALUATION
OF
CONTRACT
OFFERS.—In
evaluating contract offers made by producers to enter
into contracts under the program, the Secretary
shall—
‘‘(A) prioritize applications based on—
‘‘(i) the level of conservation treatment
on all resources of concern at the time of
application, based on the initial scores re-
ceived by the producer on applicable re-
source-specific indices;
‘‘(ii) the degree to which the proposed
conservation treatment effectively increases
the level of performance on applicable re-
source-specific indices or the level of man-
agement intensity with which the producer
†
377
HR 2419 EAS
addresses the designated resources of con-
cern;
‘‘(iii) the extent to which all resources
of concern will exceed the stewardship
threshold level by the end of the contract pe-
riod;
‘‘(iv) the extent to which resources of
concern in addition to resources of concern
will be addressed to meet and exceed the
stewardship threshold level by the end of the
contract period;
‘‘(v) the extent to which the producer
proposes to address the goals and objectives
of State, regional, and national fish and
wildlife conservation plans and initiatives;
‘‘(vi) whether the proposed conserva-
tion treatment reflects the multiple natural
resource and environmental benefits of con-
servation-based farming systems, including
resource-conserving crop rotations, advanced
integrated pest management, and managed
rotational grazing; and
‘‘(vii) whether the application includes
land transitioning out of the conservation
reserve program, on the condition that the
†
378
HR 2419 EAS
land is maintained in a grass-based system
and would help meet habitat needs for fish
and wildlife;
‘‘(B) evaluate the extent to which the antici-
pated environmental benefits from the contract
would be provided in the most cost-effective man-
ner, relative to other similarly beneficial contract
offers;
‘‘(C) reward higher levels of environmental
performance and management intensity;
‘‘(D) develop criteria for use in evaluating
applications that will ensure that national,
State, and local conservation priorities are effec-
tively addressed;
‘‘(E) evaluate the extent to which the envi-
ronmental benefits expected to result from the
contract complement other conservation efforts in
the watershed or region; and
‘‘(F) provide opportunities to agricultural
producers that have not previously participated
in Federal conservation programs, including be-
ginning farmers and ranchers and socially dis-
advantaged farmers and ranchers.
‘‘(8) TERMINATION OF CONTRACTS.—
‘‘(A) IN GENERAL.—
†
379
HR 2419 EAS
‘‘(i) VOLUNTARY
TERMINATION.—The
producer may terminate a contract entered
into with the Secretary under this chapter
if the Secretary determines that the termi-
nation is in the public interest.
‘‘(ii) INVOLUNTARY
TERMINATION.—
The Secretary may terminate a contract
under this chapter if the Secretary deter-
mines that the producer violated the con-
tract.
‘‘(B) REPAYMENT.—If a contract is termi-
nated, the Secretary may—
‘‘(i) allow the producer to retain pay-
ments already received under the contract
if—
‘‘(I) the producer has complied
with the terms and conditions of the
contract; and
‘‘(II) the Secretary determines
that allowing the producer to retain
the payments is consistent with the
purposes of the program;
‘‘(ii) require repayment, in whole or in
part, of payments already received; and
†
380
HR 2419 EAS
‘‘(iii) assess liquidated damages, if
doing so is consistent with the purposes of
the program.
‘‘(C) TRANSFER OR CHANGE OF INTEREST
IN LAND SUBJECT TO A CONTRACT.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii), the transfer, or change in the
interest, of a producer in land subject to a
contract under this chapter shall result in
the termination of the contract.
‘‘(ii) 
TRANSFER
OF
DUTIES
AND
RIGHTS.—Clause (i) shall not apply if—
‘‘(I) within a reasonable period of
time (as determined by the Secretary)
after the date of the transfer or change
in the interest in land, the transferee of
the land provides written notice to the
Secretary that all duties and rights
under the contract have been trans-
ferred to, and assumed by, the trans-
feree; and
‘‘(II) the transferee meets the eli-
gibility requirements of this sub-
chapter.
‘‘(9) MODIFICATION.—
†
381
HR 2419 EAS
‘‘(A) IN
GENERAL.—The Secretary may
allow a producer to modify a contract before the
expiration of the contract if the Secretary deter-
mines that failure to modify the contract would
significantly interfere with achieving the pur-
poses of the program.
‘‘(B) 
PARTICIPATION
IN
OTHER
PRO-
GRAMS.—If appropriate payment reductions and
other adjustments (as determined by the Sec-
retary) are made to the contract of a producer,
the producer may remove land enrolled in the
conservation stewardship program for enrollment
in the conservation reserve program, wetlands re-
serve program, or other conservation programs,
as determined by the Secretary.
‘‘(C) CHANGES IN SIZE OF OPERATION.—
The Secretary shall allow a producer to modify
a stewardship contract before the expiration of
the stewardship contract if the agricultural oper-
ation of the producer has reduced or enlarged in
size to reflect the new acreage total.
‘‘(D) NEW ACREAGE.—With respect to acre-
age added to the agricultural operation of a pro-
ducer after entering into a stewardship contract,
a producer may elect to not add the acreage to
†
382
HR 2419 EAS
the stewardship contract during the term of the
current stewardship contract, except that such
additional acreage shall be included in any con-
tract renewal.
‘‘(E) CHANGES IN PRODUCTION.—The Sec-
retary shall allow a producer to modify a stew-
ardship contract before the expiration of the
stewardship contract if—
‘‘(i) the producer has a change in pro-
duction that requires a change to scheduled
conservation practices and activities; and
‘‘(ii) the Secretary determines that—
‘‘(I) 
all 
relevant 
conservation
standards will be maintained or im-
proved; and
‘‘(II) there is no increase in total
payment under the stewardship con-
tract.
‘‘(10) EFFECT OF NONCOMPLIANCE DUE TO CIR-
CUMSTANCES BEYOND THE CONTROL OF PRODUCER.—
The Secretary shall include in each contract a provi-
sion to ensure that a producer shall not be considered
in violation of the contract for failure to comply with
the contract due to circumstances beyond the control
of the producer, including a disaster or related weath-
†
383
HR 2419 EAS
er, pest, disease, or other similar condition, as deter-
mined by the Secretary.
‘‘(11) COORDINATION
WITH
ORGANIC
CERTIFI-
CATION.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date of enactment of this chapter,
the Secretary shall establish a transparent and
producer-friendly means by which producers
may coordinate and simultaneously certify eligi-
bility under—
‘‘(i) a stewardship contract; and
‘‘(ii) the national organic production
program established under the Organic
Foods Production Act of 1990 (7 U.S.C.
6501 et seq.).
‘‘(B) PROGRAMMATIC
CONSIDERATIONS.—
The Secretary shall identify and implement pro-
grammatic considerations, including conserva-
tion systems, practices, activities, and manage-
ment measures, technical assistance, evaluation
of contract offers, enhancement payments, on-
farm research, demonstration, training, and
pilot projects, and data management, through
which to maximize the purposes of the program
by enrolling producers who are certified under
†
384
HR 2419 EAS
the national organic production program estab-
lished under the Organic Foods Production Act
of 1990 (7 U.S.C. 6501 et seq.).
‘‘(12) RENEWAL.—At the end of a stewardship
contract of a producer, the Secretary shall allow the
producer to renew the stewardship contract for an ad-
ditional 5-year period if the producer—
‘‘(A) demonstrates compliance with the
terms of the existing contract, including a dem-
onstration that the producer has complied with
the schedule for the implementation of additional
conservation systems, practices, activities, and
management measures included in the steward-
ship contract and is addressing the designated
resources of concern to a level that meets and ex-
ceeds the stewardship threshold; and
‘‘(B) agrees to implement and maintain
such additional conservation practices and ac-
tivities as the Secretary determines to be nec-
essary and feasible to achieve higher levels of per-
formance on applicable resource-specific indices
or higher levels of management intensity with
which the producer addresses the resources of
concern.
‘‘(d) ENHANCEMENT PAYMENTS.—
†
385
HR 2419 EAS
‘‘(1) LOWER PAYMENTS.—In evaluating applica-
tions and making payments under this chapter, the
Secretary shall not assign a higher priority to any
application because the applicant is willing to accept
a lower payment than the applicant would otherwise
be entitled to receive.
‘‘(2) EVALUATION OF CONTRACT OFFERS.—Noth-
ing in this subsection relieves the Secretary of the ob-
ligation, in evaluating applications for payments, to
evaluate and prioritize the applications in accordance
with subsection (e)(4)), including the requirement for
contracts to be cost-effective.
‘‘(3) LOWEST-COST
ALTERNATIVES.—In deter-
mining the eligibility of a conservation system, prac-
tice, activity, or management measure for a payment
under this subsection, the Secretary shall require, to
the maximum extent practicable, that the lowest-cost
alternatives be used to achieve the purposes of the con-
tract, as determined by the Secretary.
‘‘(4) METHOD
OF
PAYMENT.—Payments under
this subsection shall be made in such amounts and in
accordance with such time schedule as is agreed on
and specified in the contract.
‘‘(5) ACTIVITIES QUALIFYING FOR PAYMENTS.—
†
386
HR 2419 EAS
‘‘(A) IN GENERAL.—To receive an enhance-
ment payment under this subsection, a producer
shall agree—
‘‘(i) to implement additional conserva-
tion systems, practices, activities, and man-
agement measures and maintain, manage,
and improve existing conservation systems,
practices, activities, and management meas-
ures in order to maintain and improve the
level of performance of the producer, as de-
termined by applicable resource-specific in-
dices, or the level of management intensity
of the producer with respect to resources of
concern in order to meet and exceed the
stewardship threshold for resources of con-
cern; and
‘‘(ii) to maintain, and make available
to the Secretary at such times as the Sec-
retary may request, appropriate records
demonstrating the effective and timely im-
plementation of the stewardship contract.
‘‘(B) COMPENSATION.—Subject to subpara-
graph (C), the Secretary shall provide an en-
hancement payment to a producer to compensate
the producer for—
†
387
HR 2419 EAS
‘‘(i) ongoing implementation, active
management, and maintenance of conserva-
tion systems, practices, activities, and man-
agement measures in place on the operation
of the producer at the time the contract offer
of the producer is accepted; and
‘‘(ii) installation and adoption of ad-
ditional conservation systems, practices, ac-
tivities, and management measures or im-
provements to conservation systems, prac-
tices, activities, and management measures
in place on the operation of the producer at
the time the contract offer is accepted.
‘‘(C) ADJUSTMENTS.—A payment under
subparagraph (B) shall be adjusted to reflect—
‘‘(i) management intensity; or
‘‘(ii) resource-specific indices, in a case
in which those indices have been developed
and implemented.
‘‘(D) ON-FARM
RESEARCH, 
DEMONSTRA-
TION, 
TRAINING, 
AND
PILOT
PROJECT
PAY-
MENTS.—The Secretary shall provide an addi-
tional enhancement payment to a producer who
opts to participate as part of the stewardship
contract in an on-farm conservation research,
†
388
HR 2419 EAS
demonstration, training or pilot project certified
by the Secretary to compensate the producer for
the cost of participation.
‘‘(E) RESTRICTION ON STRUCTURAL PRAC-
TICES.—For purposes of the conservation stew-
ardship program, structural practices shall be el-
igible for payment only if the structural prac-
tices are integrated with and essential to support
site-specific management activities that are part
of an implemented management system designed
to address 1 or more resources of concern.
‘‘(6) EXCLUSIONS.—An enhancement payment to
a producer under this subsection shall not be provided
for the design, construction, or maintenance of ani-
mal waste storage or treatment facilities or associated
waste transport or transfer devices for animal feeding
operations.
‘‘(7) TIMING OF PAYMENTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
make enhancement payments as soon as prac-
ticable after October 1 of each fiscal year.
‘‘(B) ADDITIONAL SYSTEMS, PRACTICES, AC-
TIVITIES, AND
MANAGEMENT
MEASURES.—The
Secretary shall make enhancement payments to
compensate producers for installation and adop-
†
389
HR 2419 EAS
tion of additional conservation systems, prac-
tices, activities, and management measures or
improvements to existing conservation systems,
practices, activities, and management measures
at the time at which the systems, practices, ac-
tivities, and measures or improvements are in-
stalled and adopted.
‘‘(8) RESEARCH, 
DEMONSTRATION, 
TRAINING,
AND PILOT PROJECT PAYMENT LIMITATIONS.—An en-
hancement payment for research, demonstration,
training and pilot projects may not exceed $25,000
for each 5-year term of the stewardship contract (ex-
cluding funding arrangements with federally recog-
nized Indian tribes or Alaska Native Corporations).
‘‘(e) CSP SUPPLEMENTAL PAYMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall provide
additional payments to producers that, in partici-
pating in the conservation stewardship program,
agree to adopt resource-conserving crop rotations to
achieve optimal crop rotations as appropriate for the
land of the producers.
‘‘(2) OPTIMAL CROP ROTATIONS.—The Secretary
shall determine whether a resource-conserving crop ro-
tation is an optimal crop rotation eligible for addi-
tional payments under paragraph (1), based on
†
390
HR 2419 EAS
whether the resource-conserving crop rotation is de-
signed to optimize natural resource conservation and
production benefits, including—
‘‘(A) increased efficiencies in pesticide, fer-
tilizer, and energy use; and
‘‘(B) improved disease management.
‘‘(3) ELIGIBILITY.—To be eligible to receive a
payment described in paragraph (1), a producer shall
agree to adopt and maintain optimal resource-con-
serving crop rotations for the term of the contract.
‘‘(4) RATE.—The Secretary shall provide pay-
ments under this subsection at a rate that encourages
producers to adopt optimal resource-conserving crop
rotations.
‘‘(f) LIMITATION ON PAYMENTS.—Subject to section
1244(i), an individual or entity may not receive, directly
or indirectly, payments under this subchapter that, in the
aggregate, exceed $240,000 for all contracts entered into
under the conservation stewardship program during any 6-
year period.
‘‘(g) DUTIES OF PRODUCERS.—In order to receive as-
sistance under this chapter, a producer shall—
‘‘(1) implement the terms of the contract ap-
proved by the Secretary;
†
391
HR 2419 EAS
‘‘(2) not conduct any practices on the covered
land that would defeat the purposes of the program;
‘‘(3) on the violation of a term or condition of
the contract at any time the producer has control of
the land—
‘‘(A) if the Secretary determines that the
violation warrants termination of the contract—
‘‘(i) forfeit all rights to receive pay-
ments under the contract; and
‘‘(ii) refund to the Secretary all or a
portion of the payments received by the
owner or operator under the contract, in-
cluding any interest on the payments or liq-
uidated damages, as determined by the Sec-
retary;
‘‘(B) if the Secretary determines that the
violation does not warrant termination of the
contract, refund to the Secretary, or accept ad-
justments to, the payments provided to the owner
or operator, as the Secretary determines to be
appropriate; or
‘‘(C) comply with a combination of the rem-
edies authorized by subparagraphs (A) and (B),
as the Secretary determines to be appropriate;
†
392
HR 2419 EAS
‘‘(4) on the transfer of the right and interest of
the producer in land subject to the contract (unless
the transferee of the right and interest agrees with the
Secretary to assume all obligations of the contract) re-
fund any cost-share payments, incentive payments,
and stewardship payments received under the pro-
gram, as determined by the Secretary;
‘‘(5) supply information as required by the Sec-
retary to determine compliance with the contract and
requirements of the program; and
‘‘(6) comply with such additional provisions as
the Secretary determines are necessary to carry out
the contract.
‘‘(h) DUTIES OF SECRETARY.—
‘‘(1) IN GENERAL.—To achieve the conservation
and environmental goals of a contract under this
chapter, to the extent appropriate, the Secretary
shall—
‘‘(A) provide to a producer information and
training to aid in implementation of the con-
servation systems, practices, activities, and man-
agement measures covered by the contract;
‘‘(B) develop agreements with governmental
agencies, nonprofit organizations, and private
†
393
HR 2419 EAS
entities to facilitate the provision of technical
and administrative assistance and services;
‘‘(C) make the program available to eligible
producers on a continuous enrollment basis;
‘‘(D) when identifying biodiversity or fish
and wildlife as a resource of concern for a par-
ticular watershed or other appropriate region or
area 
within 
a 
State, 
ensure 
that 
the
identification—
‘‘(i) is specific with respect to par-
ticular species or habitat; and
‘‘(ii) would further the goals and objec-
tives of State, regional, and national fish
and wildlife conservation plans and initia-
tives;
‘‘(E) provide technical assistance and pay-
ments for each of fiscal years 2008 through 2012;
‘‘(F) maintain contract and payment data
relating to the conservation stewardship program
in a manner that provides detailed and seg-
mented data and allows for quantification of the
amount of payments made to producers for—
‘‘(i) the installation and adoption of
additional conservation systems, practices,
activities, or management measures;
†
394
HR 2419 EAS
‘‘(ii) participating in research, dem-
onstration, training, and pilot projects;
‘‘(iii) the development, monitoring,
and evaluation of comprehensive conserva-
tion plans; and
‘‘(iv) the maintenance and active man-
agement of conservation systems, practices,
activities, and management measures, and
the improvement of conservation practices,
in place on the operation of the producer on
the date on which the contract offer is ac-
cepted by the Secretary;
‘‘(G) develop resource-specific indices for
purposes of determining eligibility and pay-
ments; and
‘‘(H) establish and publicize design proto-
cols and application procedures for individual
producer and collaborative on-farm research,
demonstration, training, and pilot projects.
‘‘(2) SPECIALTY
CROP
PRODUCERS.—The Sec-
retary shall ensure that outreach and technical assist-
ance are available and program specifications are ap-
propriate to enable specialty crop producers to par-
ticipate in the conservation stewardship program.
†
395
HR 2419 EAS
‘‘(3) ADDITIONAL REQUIREMENTS.—For the pe-
riod beginning on the date of enactment of this chap-
ter and ending on September 30, 2017, with respect
to eligible land of producers participating in the pro-
gram, the Secretary shall—
‘‘(A) to the maximum extent practicable,
enroll an additional 13,273,000 acres for each
fiscal year, but not to exceed 79,638,000 acres;
‘‘(B) implement the program nationwide to
make the program available to producers meeting
the eligibility requirements in each county;
‘‘(C) to the maximum extent practicable,
manage the program to achieve a national aver-
age annual cost per acre of $19, which shall in-
clude the costs of all financial assistance, tech-
nical assistance, and any other expenses associ-
ated with enrollment or participation in the pro-
gram of those acres; and
‘‘(D) establish a minimum contract value,
to ensure equity for small acreage farms, includ-
ing specialty crop and organic producers.
‘‘(i) ACRE ALLOCATION.—
‘‘(1) INITIAL ALLOCATIONS TO STATES.—In mak-
ing allocations of acres to States to enroll in the con-
servation stewardship program, to the maximum ex-
†
396
HR 2419 EAS
tent practicable, the Secretary shall allocate to each
State a number of acres equal to the proportion
that—
‘‘(A) the number of acres of eligible land in
the State; bears to
‘‘(B) the number of acres of eligible land in
all States.
‘‘(2) MINIMUM ACRE ALLOCATION.—Of the acres
allocated for each fiscal year, no State shall have allo-
cated fewer than the lesser of—
‘‘(A) 20,000 acres; or
‘‘(B) 2.2 percent of the number of acres of
eligible land in the State.
‘‘(3) REALLOCATION TO STATES.—For any fiscal
year, acres not obligated under this subsection by a
date determined by the Secretary through rulemaking
shall be reallocated to each State that—
‘‘(A) has obligated 100 percent of the initial
allocation of the State; and
‘‘(B) requests additional acres.
‘‘SEC. 1240Y. REGULATIONS.
‘‘Not later than 180 days after the date of enactment
of this chapter, the Secretary shall promulgate such regula-
tions as are necessary to carry out the program, including
regulations that—
†
397
HR 2419 EAS
‘‘(1) provide for adequate safeguards to protect
the interests of tenants and sharecroppers, including
provision for sharing payments, on a fair and equi-
table basis;
‘‘(2) prescribe such other rules as the Secretary
determines to be necessary to ensure a fair and rea-
sonable application of the program; and
‘‘(3) to the maximum extent practicable, elimi-
nate duplication of planning activities under the pro-
gram and comparable conservation programs.’’.
Subchapter B—Environmental Quality
Incentives Program
SEC. 2351. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16
U.S.C. 3839aa) is amended—
(1) in the matter preceding paragraph (1), by
inserting ‘‘, forest management,’’ after ‘‘agricultural
production’’;
(2) in paragraph (3)—
(A) by inserting ‘‘, forest land,’’ after ‘‘graz-
ing land’’; and
(B) by inserting ‘‘pollinators,’’ after ‘‘wet-
land),’’; and
(3) in paragraph (4)—
†
398
HR 2419 EAS
(A) by inserting ‘‘fuels management, forest
management,’’ after ‘‘grazing management,’’;
and
(B) by inserting ‘‘and forested’’ after ‘‘agri-
cultural’’.
SEC. 2352. DEFINITIONS.
(a) ELIGIBLE LAND.—Section 1240A(2) of the Food
Security Act of 1985 (16 U.S.C. 3839aa–1(2)) is
amended—
(1) in subparagraph (A), by striking ‘‘commod-
ities or livestock’’ and inserting ‘‘commodities, live-
stock, or forest-related products’’; and
(2) in subparagraph (B)—
(A) by striking clause (v) and inserting the
following:
‘‘(v) 
nonindustrial 
private 
forest
land;’’;
(B) by redesignating clause (vi) as clause
(vii); and
(C) by inserting after clause (v) the fol-
lowing:
‘‘(vi) land used for pond-raised aqua-
culture production; and’’.
†
399
HR 2419 EAS
(b) LAND MANAGEMENT PRACTICE.—Section 1240A(3)
of the Food Security Act of 1985 (16 U.S.C. 3839aa–1(3))
is amended—
(1) by striking ‘‘The term’’ and inserting the fol-
lowing:
‘‘(A) IN GENERAL.—The term’’;
(2) by inserting ‘‘fuels management, forest man-
agement,’’ after ‘‘grazing management’’; and
(3) by adding at the end the following:
‘‘(B) FOREST MANAGEMENT.—For purposes
of subparagraph (A), forest management prac-
tices may include activities that the Secretary
determines are necessary—
‘‘(i) to improve water, soil, or air qual-
ity;
‘‘(ii) to restore forest biodiversity;
‘‘(iii) to control invasive species;
‘‘(iv) to improve wildlife habitat; or
‘‘(v) to achieve conservation priorities
identified in an applicable forest resource
assessment and plan.’’.
(c) PRACTICE.—Section 1240A(5) of the Food Security
Act of 1985 (16 U.S.C. 3839aa–1(5)) is amended by insert-
ing ‘‘conservation planning practices,’’ after ‘‘land manage-
ment practices,’’.
†
400
HR 2419 EAS
(d) CUSTOM FEEDING BUSINESS.—Section 1240A of
the Food Security Act of 1985 (16 U.S.C. 3839aa–1) is
amended—
(1) by redesignating paragraph (6) as para-
graph (7); and
(2) by inserting after paragraph (5) the fol-
lowing:
‘‘(6) PRODUCER.—The term ‘producer’ includes
a custom feeding business and a contract grower or
finisher.’’.
(e) STRUCTURAL PRACTICE.—Paragraph (7)(A) of sec-
tion 1240A of the Food Security Act of 1985 (16 U.S.C.
3839aa–1) (as redesignated by subsection (d)(1)) is amend-
ed by inserting ‘‘firebreak, fuelbreak,’’ after ‘‘constructed
wetland,’’.
SEC. 2353. ESTABLISHMENT AND ADMINISTRATION OF EN-
VIRONMENTAL QUALITY INCENTIVES PRO-
GRAM.
(a) ESTABLISHMENT.—Section 1240B(a) of the Food
Security Act of 1985 (16 U.S.C. 3839aa–2(a)) is
amended—
(1) in paragraph (1), by striking ‘‘2010’’ and in-
serting ‘‘2012’’; and
(2) in paragraph (2)(B), by inserting ‘‘conserva-
tion plan or’’ after ‘‘develops a’’.
†
401
HR 2419 EAS
(b) PRACTICES AND TERM.—Section 1240B(b) of the
Food Security Act of 1985 (16 U.S.C. 3839aa–2(b)) is
amended—
(1) in paragraph (1), by inserting ‘‘conservation
planning practices,’’ after ‘‘land management prac-
tices,’’; and
(2) in paragraph (2)(B), by striking ‘‘10’’ and
inserting ‘‘5’’.
(c) ESTABLISHMENT AND ADMINISTRATION.—Section
1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa–
2) is amended—
(1) by striking subsection (c);
(2) in subsection (d)—
(A) in paragraph (2), by striking subpara-
graph (A) and inserting the following:
‘‘(A) SOCIALLY
DISADVANTAGED
FARMERS
OR
RANCHERS
AND
BEGINNING
FARMERS
OR
RANCHERS.—
‘‘(i) IN GENERAL.—In the case of a
producer that is a socially disadvantaged
farmer or rancher or a beginning farmer or
rancher, the Secretary may increase the
amount that would otherwise be provided to
the producer under paragraph (1) to—
†
402
HR 2419 EAS
‘‘(I) not more than 90 percent;
and
‘‘(II) not less than 15 percent
above the otherwise applicable rate.
‘‘(ii) ADVANCE PAYMENTS.—Not more
than 30 percent of the amount determined
under clause (i) may be provided in ad-
vance for the purpose of purchasing mate-
rials or contracting.’’;
(B) by striking paragraph (3) and inserting
the following:
‘‘(3) OTHER PAYMENTS.—A producer shall not
be eligible for cost-share payments for practices on eli-
gible land under the program if the producer receives
cost-share payments or other benefits for the same
practice on the same land under another program.’’;
and
(C) by adding at the end the following:
‘‘(4) GUARANTEED LOAN ELIGIBILITY.—Notwith-
standing section 333(1) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983(1)), with re-
spect to the cost of a loan, a producer with an appli-
cation that meets the standards for a cost-share pay-
ment under this subsection but that is not approved
by the Secretary shall receive priority consideration
†
403
HR 2419 EAS
for a guaranteed loan under section 304 of that Act
(7 U.S.C. 1924).’’;
(3) in subsection (e), by striking paragraph (2)
and inserting the following:
‘‘(2) 
SPECIAL
RULE.—In 
determining 
the
amount and rate of incentive payments, the Secretary
may accord great significance to a practice that pro-
motes residue, nutrient, air quality, pest, or predator
deterrence, including practices to deter predator spe-
cies protected under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), gray wolves, grizzly
bears, and black bears.’’;
(4) in subsection (g), by striking ‘‘2007’’ and in-
serting ‘‘2012’’;
(5) by redesignating subsections (d) through (h)
as subsections (c) through (g), respectively; and
(6) by adding at the end the following:
‘‘(h) WATER CONSERVATION
OR IRRIGATION EFFI-
CIENCY PRACTICE.—
‘‘(1) IN GENERAL.—The Secretary may provide
technical assistance, cost-share payments, and incen-
tive payments to a producer for a water conservation
or irrigation practice.
‘‘(2) PRIORITY.—In providing assistance and
payments to producers for a water conservation or ir-
†
404
HR 2419 EAS
rigation practice, the Secretary may give priority to
applications in which—
‘‘(A) there is an improvement in surface
flows or a reduction in the use of groundwater
in the agricultural operation of the producer,
consistent with the law of the State in which the
operation of the producer is located; or
‘‘(B) the producer agrees not to use any as-
sociated water savings to bring new land, other
than incidental land needed for efficient oper-
ations, under irrigated production, unless the
producer is participating in a watershed-wide
project that will effectively conserve water, as de-
termined by the Secretary.
‘‘(i) AIR QUALITY IMPROVEMENT PRACTICE.—
‘‘(1) IN GENERAL.—The Secretary shall provide
technical and financial assistance to a producer to
promote air quality improvements and address air
quality concerns associated with agriculture.
‘‘(2) PRIORITY.—In providing assistance for im-
provements in air quality, the Secretary shall give
priority to applications that—
‘‘(A) are located in areas—
‘‘(i) that are nonattainment areas with
respect to ambient air quality standards; or