214 
title to ensure that all producers and landowners in the re-
gion have the opportunity to participate in such activities. 
‘‘(f) RELATIONSHIP WITH OTHER PROGRAMS.—The 
Secretary shall ensure that, to the extent producers and 
landowners are individually participating in other pro-
grams under this subtitle in a region where the regional 
water enhancement program is in effect, any improvements 
to water quality or water quantity attributable to such in-
dividual participation is included in the evaluation criteria 
developed under subparagraph (d)(1)(B). 
‘‘(g) CONSISTENCY WITH STATE LAW.—Any regional 
water enhancement activity conducted under this section 
shall be consistent with State water laws. 
‘‘(h) FUNDING.— 
‘‘(1) AVAILABILITY OF FUNDS.—In addition to 
funds made available to carry out this chapter under 
section 1241(a)(6), the Secretary shall use funds of 
the Commodity Credit Corporation to carry out this 
section in the amount of, to the maximum extent 
practicable, $60,000,000 for each of fiscal years 2008 
through 2012. 
‘‘(2) 
LIMITATION
ON
ADMINISTRATIVE
EX-
PENSES.—Not more than 3 percent of the funds made 
available under paragraph (1) for a fiscal year may 
be used for administrative expenses of the Secretary.’’. 
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215 
SEC. 2107. GRASSROOTS SOURCE WATER PROTECTION PRO-
GRAM. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
1240O(b) of the Food Security Act of 1985 (16 U.S.C. 
3839bb–2(b)) is amended by striking ‘‘$5,000,000 for each 
of fiscal years 2002 through 2007’’ and inserting 
‘‘$20,000,000 for each of fiscal years 2008 through 2012’’. 
(b) ADDITIONAL FUNDING.—Section 1240O of the 
Food Security Act of 1985 (16 U.S.C. 3839bb–2) is amend-
ed by adding at the end the following new subsection: 
‘‘(c) ONE-TIME INFUSION OF FUNDS.—Of the funds of 
the Commodity Credit Corporation, the Secretary shall 
make available, on a one-time basis, $10,000,000 to carry 
out this section. Such funds shall remain available until 
expended.’’. 
SEC. 2108. CONSERVATION OF PRIVATE GRAZING LAND. 
Section 1240M(e) of the Food Security Act of 1985 (16 
U.S.C. 3839bb(e)) is amended by striking ‘‘2007’’ and in-
serting ‘‘2012’’. 
SEC. 2109. GREAT LAKES BASIN PROGRAM FOR SOIL ERO-
SION AND SEDIMENT CONTROL. 
Section 1240P(c) of the Food Security Act of 1985 (16 
U.S.C. 3839bb–3(c)) is amended by striking ‘‘2007’’ and in-
serting ‘‘2012’’. 
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216 
SEC. 2110. FARM AND RANCHLAND PROTECTION PROGRAM. 
Subchapter B of chapter 2 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) 
is amended to read as follows: 
‘‘Subchapter B—Farm and Ranchland 
Protection Program 
‘‘SEC. 1238H. DEFINITIONS. 
‘‘In this subchapter: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means any of the following: 
‘‘(A) An agency of a State or local govern-
ment or an Indian tribe (including a farmland 
protection board or land resource council estab-
lished under State law). 
‘‘(B) An organization that is organized for, 
and at all times since the formation of the orga-
nization has been operated principally for, 1 or 
more of the conservation purposes specified in 
clause (i), (ii), (iii), or (iv) of section 
170(h)(4)(A) of the Internal Revenue Code of 
1986. 
‘‘(C) An organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
that is exempt from taxation under section 
501(a) of that Code. 
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217 
‘‘(D) An organization described in section 
509(a)(2) of the Internal Revenue Code of 1986. 
‘‘(E) An organization described in section 
509(a)(3) of the Internal Revenue Code of 1986 
that is controlled by an organization described 
in section 509(a)(2), of that Code. 
‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’ 
means land on a farm or ranch that— 
‘‘(A) is cropland; 
‘‘(B) is rangeland; 
‘‘(C) is grassland; 
‘‘(D) is pasture land; 
‘‘(E) is forest land that is an incidental 
part of an agricultural operation, as determined 
by the Secretary; or 
‘‘(F) contains historical or archaeological 
resources. 
‘‘(3) 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). 
‘‘(4) PROGRAM.—The term ‘program’ means the 
farm and ranchland protection program established 
under section 1238I(a). 
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218 
‘‘(5) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Agriculture. 
‘‘SEC. 1238I. FARM AND RANCHLAND PROTECTION PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) ESTABLISHMENT AND PURPOSE.—The Sec-
retary shall establish and carry out a farm and 
ranchland protection program under which the Sec-
retary shall facilitate and provide funding for the 
purchase of conservation easements or other interests 
in eligible land that is subject to a pending offer from 
a certified State or eligible entity for the purpose of 
protecting the agricultural use and related conserva-
tion values of the land by limiting incompatible non-
agricultural uses of the land. 
‘‘(2) PRIORITY.—In carrying out the program, 
the Secretary shall give the highest priority— 
‘‘(A) to protecting farm and ranchland with 
prime, unique or other productive soils that are 
at risk of non-agricultural development; or 
‘‘(B) to projects that further a State or local 
policy consistent with the purposes of the pro-
gram. 
‘‘(b) GRANTS TO CERTIFIED STATES.—The Secretary 
shall make grants to States certified by the Secretary under 
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219 
subsection (c). Such grants shall be made based on dem-
onstrated need for farm and ranch land protection. Grants 
may be made for multiple transactions so long as all funds 
provided under the program are used to purchase conserva-
tion easements or other interests in land in a timely and 
effective manner. A State receiving a grant under this sub-
section may use up to 10 percent of the grant funds for 
reasonable costs of purchasing and enforcing conservation 
easements. 
‘‘(c) CERTIFICATION OF STATES FOR GRANTS.— 
‘‘(1) CERTIFICATION
PROCESS.—The Secretary 
shall implement a process, to be published in the Fed-
eral Register, for certifying States as eligible to par-
ticipate in the program. The Secretary may provide 
a reasonable transitional period, not to extend past 
September 30, 2008, in order to allow continued oper-
ation of the program for such time as needed for the 
Secretary to implement the certification process. 
‘‘(2) CERTIFICATION
REQUIREMENTS.—To be 
certified under the process implemented under para-
graph (1), a State shall demonstrate, at a minimum, 
the following: 
‘‘(A) A legislative or organizational purpose 
consistent with the purposes of the program. 
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220 
‘‘(B) The necessary authority and the re-
sources and technical ability to monitor and en-
force the terms of conservation easements or other 
interests in land or to require the holder of such 
easements or other interests in land acquired 
with the use of funding under the program to 
monitor and enforce the terms of such easements 
or other interests in land. 
‘‘(C) The capacity to provide the necessary 
matching funds from non-Federal sources for 
projects undertaken under the program and to 
use program funds in a timely and effective 
manner. 
‘‘(D) Policies and procedures to ensure that, 
on average, the purchase price of conservation 
easements or other interests in land purchased 
with program funds do not exceed the fair mar-
ket value of the easements or other interests in 
land. 
‘‘(E) Policies and procedures that ensure 
that conservation easements or other interests in 
land purchased with program funds will con-
tinue to protect the agricultural use and related 
conservation values of the land. 
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221 
‘‘(F) Provision for continued stewardship of 
the conservation easements or other interest in 
land purchased with program funds in the event 
the State loses its certification under the pro-
gram. 
‘‘(G) A determination of its own criteria 
and priorities for purchasing conservation ease-
ments and other interests in land under the pro-
gram. 
‘‘(d) AGREEMENTS WITH ELIGIBLE ENTITIES.— 
‘‘(1) AGREEMENTS AUTHORIZED.—The Secretary 
may enter into an agreement with an eligible entity, 
under which the entity may purchase conservation 
easements using a combination of its own funds and 
funds distributed by the Secretary under the program. 
‘‘(2) TERMS
AND
CONDITIONS.—An agreement 
under this subsection shall stipulate the terms and 
conditions under which the eligible entity shall use 
funds provided by the Secretary under the program. 
The eligible entity shall be authorized to use its own 
terms and conditions for conservation easements and 
other purchases of interests in land, so long as— 
‘‘(A) such terms and conditions are con-
sistent with the purposes of the program and 
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222 
permit effective enforcement of the conservation 
purposes of such easements or other interests; 
‘‘(B) the eligible entity has in place a re-
quirement consistent with agricultural activities 
regarding the impervious surfaces to be allowed 
for any conservation easement or other interest 
in land purchased using funds provided under 
the program; and 
‘‘(C) the eligible entity requires use of a 
conservation plan for any highly erodible crop-
land for which a conservation easement or other 
interest in land has been purchased using funds 
provided under the program. 
‘‘(e) FEDERAL CONTINGENT RIGHT
OF ENFORCE-
MENT.—The Secretary may require the inclusion of a Fed-
eral contingent right of enforcement or executory limitation 
in a conservation easement or other interest in land for con-
servation purposes purchased with Federal funds provided 
under the program, in order to preserve the easement as 
a party of last resort. The inclusion of such a right or inter-
est shall not be considered to be the Federal acquisition of 
real property and the Federal standards and procedures for 
land acquisition shall not apply to the inclusion of the right 
or interest 
‘‘(f) REVIEW; REVOCATION.— 
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223 
‘‘(1) REVIEW.—Every 3 years, the Secretary 
shall review the certification of States under sub-
section (c) and the performance of eligible entities in 
meeting the terms and conditions of an agreement 
under subsection (d). 
‘‘(2) REVOCATION.— If, in the determination of 
the Secretary, a State no longer meets the qualifica-
tions described in subsection (c)(2) or an eligible enti-
ty is not meeting the terms and conditions of an 
agreement under subsection (d), the Secretary may— 
‘‘(A) revoke the certification of the State or 
terminate the agreement with the eligible entity; 
or 
‘‘(B) allow the State or eligible entity a 
specified period of time in which to take such ac-
tions as may be necessary to retain its certifi-
cation or to meet the terms and conditions of the 
agreement, as the case may be. 
‘‘(g) CONSERVATION PLAN.—Any highly erodible crop-
land for which a conservation easement or other interest 
is purchased under this subchapter shall be subject to the 
requirements of a conservation plan. In the case of an ease-
ment or other interest in land that is perpetual in duration, 
the Secretary may not require the conversion of the crop-
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224 
land to less intensive uses if, under such plan, soil erosion 
can be reduced to ‘T’ or below. 
‘‘(h) COST SHARING.—The share of the cost provided 
under this section for purchasing a conservation easement 
or other interest in land shall not exceed 50 percent of the 
appraised fair market value of the conservation easement 
or other interest in eligible land. Fair market value shall 
be determined on the basis of an appraisal of the conserva-
tion easement or other interest in eligible land using an 
industry-approved methodology determined by the entity.’’. 
SEC. 2111. FARM VIABILITY PROGRAM. 
Section 1238J(b) of the Food Security Act of 1985 (16 
U.S.C. 3838j(b)) is amended by striking ‘‘2007’’ and insert-
ing ‘‘2012’’. 
SEC. 2112. WILDLIFE HABITAT INCENTIVE PROGRAM. 
(a) REAUTHORIZATION.—Section 1240N of the Food 
Security Act of 1985 (16 U.S.C. 3839bb–1) is amended by 
adding at the end the following new subsection: 
‘‘(d) DURATION
OF PROGRAM.—Using funds made 
available under section 1241(a)(7), the Secretary shall 
carry out the program during fiscal years 2008 through 
2012.’’. 
(b) COST SHARE FOR LONG-TERM AGREEMENTS AND 
IMPACT ON SCOPE OF OPERATIONS.—Section 1240N(b)(2) 
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225 
of the Food Security Act of 1985 (16 U.S.C. 3839bb– 
1(b)(2)) is amended— 
(1) in the paragraph heading by inserting ‘‘AND 
IMPACT ON SCOPE OF OPERATIONS’’ after ‘‘AGREE-
MENTS’’; 
(2) in subparagraph (A), by striking ‘‘years,’’ 
and inserting ‘‘years, or that will assist producers in 
meeting a regulatory requirement imposed on lands 
in agriculture production that reduces the economic 
scope of the producer’s operation,’’; and 
(3) in subparagraph (B), by striking ‘‘15 per-
cent’’ and inserting ‘‘25 percent’’. 
Subtitle B—Conservation Programs 
Under Other Laws 
SEC. 2201. AGRICULTURAL MANAGEMENT ASSISTANCE PRO-
GRAM. 
(a) ELIGIBLE STATES.—Section 524(b)(1) of the Fed-
eral Crop Insurance Act (7 U.S.C. 1524(b)(1)) is amend-
ed— 
(1) by inserting ‘‘Hawaii,’’ after ‘‘Delaware,’’; 
and 
(2) by inserting ‘‘Virginia,’’ after ‘‘Vermont,’’. 
(b) 
TECHNICAL
CORRECTION.—Section 
524(b)(4)(B)(i) of the Federal Crop Insurance Act (7 U.S.C. 
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