H. R. 2419—112 
under subsection (a)(8) on land that is subject to a contract under 
this subchapter, the Secretary shall reduce the rental payment 
otherwise payable under the contract by an amount commensurate 
with the economic value of the authorized activity.’’. 
SEC. 
2109. 
COST 
SHARING 
PAYMENTS 
RELATING 
TO 
TREES, 
WINDBREAKS, 
SHELTERBELTS, 
AND 
WILDLIFE 
COR-
RIDORS. 
Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 
3834(b)) is amended by striking paragraph (3) and inserting the 
following new paragraph: 
‘‘(3) TREES, WINDBREAKS, SHELTERBELTS, AND WILDLIFE COR-
RIDORS.— 
‘‘(A) APPLICABILITY.—This paragraph applies to— 
‘‘(i) land devoted to the production of hardwood 
trees, windbreaks, shelterbelts, or wildlife corridors 
under a contract entered into under this subchapter 
after November 28, 1990; 
‘‘(ii) land converted to such production under sec-
tion 1235A; and 
‘‘(iii) land on which an owner or operator agrees 
to conduct thinning authorized by section 1232(a)(9), 
if the thinning is necessary to improve the condition 
of resources on the land. 
‘‘(B) PAYMENTS.— 
‘‘(i) PERCENTAGE.—In making cost share payments 
to an owner or operator of land described in subpara-
graph (A), the Secretary shall pay 50 percent of the 
reasonable and necessary costs incurred by the owner 
or operator for maintaining trees or shrubs, including 
the cost of replanting (if the trees or shrubs were 
lost due to conditions beyond the control of the owner 
or operator) or thinning. 
‘‘(ii) DURATION.—The Secretary shall make pay-
ments as described in clause (i) for a period of not 
less than 2 years, but not more than 4 years, beginning 
on the date of— 
‘‘(I) the planting of the trees or shrubs; or 
‘‘(II) the thinning of existing stands to improve 
the condition of resources on the land.’’. 
SEC. 2110. EVALUATION AND ACCEPTANCE OF CONTRACT OFFERS, 
ANNUAL RENTAL PAYMENTS, AND PAYMENT LIMITA-
TIONS. 
(a) EVALUATION AND ACCEPTANCE OF CONTRACT OFFERS.—Sec-
tion 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) 
is amended by striking paragraph (3) and inserting the following 
new paragraph: 
‘‘(3) ACCEPTANCE OF CONTRACT OFFERS.— 
‘‘(A) EVALUATION
OF
OFFERS.—In determining the 
acceptability of contract offers, the Secretary may take 
into consideration the extent to which enrollment of the 
land that is the subject of the contract offer would improve 
soil resources, water quality, or wildlife habitat or provide 
other environmental benefits. 
‘‘(B) ESTABLISHMENT OF DIFFERENT CRITERIA IN VAR-
IOUS STATES AND REGIONS.—The Secretary may establish
H. R. 2419—113 
different criteria for determining the acceptability of con-
tract offers in various States and regions of the United 
States based on the extent to which water quality or wild-
life habitat may be improved or erosion may be abated. 
‘‘(C) LOCAL PREFERENCE.—In determining the accept-
ability of contract offers for new enrollments, the Secretary 
shall accept, to the maximum extent practicable, an offer 
from an owner or operator that is a resident of the county 
in which the land is located or of a contiguous county 
if, as determined by the Secretary, the land would provide 
at least equivalent conservation benefits to land under 
competing offers.’’. 
(b) ANNUAL SURVEY OF DRYLAND AND IRRIGATED CASH RENTAL 
RATES.— 
(1) ANNUAL ESTIMATES REQUIRED.—Section 1234(c) of the 
Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended by 
adding at the end the following new paragraph: 
‘‘(5) RENTAL RATES.— 
‘‘(A) 
ANNUAL
ESTIMATES.—The 
Secretary 
(acting 
through the National Agricultural Statistics Service) shall 
conduct an annual survey of per acre estimates of 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
ESTIMATES.—The esti-
mates 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.’’. 
(2) FIRST SURVEY.—The first survey required by paragraph 
(5) of section 1234(c) of the Food Security Act of 1985 (16 
U.S.C. 3834(c)), as added by subsection (a), shall be conducted 
not later than 1 year after the date of enactment of this Act. 
(c) PAYMENT LIMITATIONS.—Section 1234(f) of the Food Security 
Act of 1985 (16 U.S.C. 3834(f)) is amended— 
(1) in paragraph (1), by striking ‘‘made to a person’’ and 
inserting ‘‘received by a person or legal entity, directly or 
indirectly,’’; 
(2) by striking paragraph (2); and 
(3) in paragraph (4), by striking ‘‘any person’’ and inserting 
‘‘any person or legal entity’’. 
SEC. 2111. CONSERVATION RESERVE PROGRAM TRANSITION INCEN-
TIVES FOR BEGINNING FARMERS OR RANCHERS AND 
SOCIALLY DISADVANTAGED FARMERS OR RANCHERS. 
(a) CONTRACT MODIFICATION AUTHORITY.—Section 1235(c)(1)(B) 
of the Food Security Act of 1985 (16 U.S.C. 3835(c)(1)(B)) is 
amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) by redesignating clause (iii) as clause (iv); and 
(3) by inserting after clause (ii) the following new clause: 
‘‘(iii) to facilitate a transition of land subject to 
the contract from a retired or retiring owner or oper-
ator to a beginning farmer or rancher or socially dis-
advantaged farmer or rancher for the purpose of 
returning some or all of the land into production using 
sustainable grazing or crop production methods; or’’.
H. R. 2419—114 
(b) TRANSITION OPTION.—Section 1235 of the Food Security 
Act of 1985 (16 U.S.C. 3835) is amended by adding at the end 
the following new subsection: 
‘‘(f) TRANSITION OPTION FOR CERTAIN FARMERS OR RANCHERS.— 
‘‘(1) DUTIES OF THE SECRETARY.—In the case of a contract 
modification approved in order to facilitate the transfer, as 
described in subsection (c)(1)(B)(iii), of land to a beginning 
farmer or rancher or socially disadvantaged farmer or rancher 
(in this subsection referred to as a ‘covered farmer or rancher’), 
the Secretary shall— 
‘‘(A) beginning on the date that is 1 year before the 
date of termination of the contract— 
‘‘(i) allow the covered farmer or rancher, in 
conjunction with the retired or retiring owner or oper-
ator, to make conservation and land improvements; 
and 
‘‘(ii) allow the covered farmer or rancher to begin 
the certification process under the Organic Foods 
Production Act of 1990 (7 U.S.C. 6501 et seq.); 
‘‘(B) beginning on the date of termination of the con-
tract, require the retired or retiring owner or operator 
to sell or lease (under a long-term lease or a lease with 
an option to purchase) to the covered farmer or rancher 
the land subject to the contract for production purposes; 
‘‘(C) require the covered farmer or rancher to develop 
and implement a conservation plan; 
‘‘(D) provide to the covered farmer or rancher an oppor-
tunity to enroll in the conservation stewardship program 
or the environmental quality incentives program by not 
later than the date on which the farmer or rancher takes 
possession of the land through ownership or lease; and 
‘‘(E) continue to make annual payments to the retired 
or retiring owner or operator for not more than an addi-
tional 2 years after the date of termination of the contract, 
if the retired or retiring owner or operator is not a family 
member (as defined in section 1001A(b)(3)(B) of this Act) 
of the covered farmer or rancher. 
‘‘(2) REENROLLMENT.—The Secretary shall provide a cov-
ered farmer or rancher with the option to reenroll any 
applicable partial field conservation practice that— 
‘‘(A) is eligible for enrollment under the continuous 
signup requirement of section 1231(h)(4)(B); and 
‘‘(B) is part of an approved conservation plan.’’. 
Subtitle C—Wetlands Reserve Program 
SEC. 2201. ESTABLISHMENT AND PURPOSE OF WETLANDS RESERVE 
PROGRAM. 
Subsection (a) of section 1237 of the Food Security Act of 
1985 (16 U.S.C. 3837) is amended to read as follows: 
‘‘(a) ESTABLISHMENT AND PURPOSES.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a wet-
lands reserve program to assist owners of eligible lands in 
restoring and protecting wetlands.
H. R. 2419—115 
‘‘(2) PURPOSES.—The purposes of the wetlands reserve pro-
gram are to restore, protect, or enhance wetlands on private 
or tribal lands that are eligible under subsections (c) and (d).’’. 
SEC. 2202. MAXIMUM ENROLLMENT AND ENROLLMENT METHODS. 
Section 1237(b) of the Food Security Act of 1985 (16 U.S.C. 
3837(b)) is amended— 
(1) by striking paragraph (1) and inserting the following 
new paragraph: 
‘‘(1) MAXIMUM ENROLLMENT.—The total number of acres 
enrolled in the wetlands reserve program shall not exceed 
3,041,200 acres.’’; 
(2) in paragraph (2), by striking ‘‘The Secretary’’ and 
inserting ‘‘Subject to paragraph (3), the Secretary’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(3) ACREAGE OWNED BY INDIAN TRIBES.—In the case of 
acreage owned by an Indian tribe, the Secretary shall enroll 
acreage into the wetlands reserve program through the use 
of— 
‘‘(A) a 30-year contract (the value of which shall be 
equivalent to the value of a 30-year easement); 
‘‘(B) restoration cost-share agreements; or 
‘‘(C) any combination of the options described in sub-
paragraphs (A) and (B).’’. 
SEC. 2203. DURATION OF WETLANDS RESERVE PROGRAM AND LANDS 
ELIGIBLE FOR ENROLLMENT. 
(a) IN GENERAL.—Section 1237(c) of the Food Security Act 
of 1985 (16 U.S.C. 3837(c)) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘2007 calendar’’ and inserting ‘‘2012 
fiscal’’; and 
(B) by inserting ‘‘private or tribal’’ before ‘‘land’’ the 
second place it appears; 
(2) by striking paragraph (2) and inserting the following 
new paragraph: 
‘‘(2) such land is— 
‘‘(A) farmed wetland or converted wetland, together 
with the adjacent land that is functionally dependent on 
the wetlands, except that converted wetland with respect 
to which the conversion was not commenced prior to 
December 23, 1985, shall not be eligible to be enrolled 
in the program under this section; or 
‘‘(B) cropland or grassland that was used for agricul-
tural production prior to flooding from the natural overflow 
of a closed basin lake or pothole, as determined by the 
Secretary, together (where practicable) with the adjacent 
land that is functionally dependent on the cropland or 
grassland; and’’. 
(b) CHANGE OF OWNERSHIP.—Section 1237E(a) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3837e(a)) is amended by striking ‘‘in 
the preceding 12 months’’ and inserting ‘‘during the preceding 7- 
year period’’. 
(c) ANNUAL SURVEY AND REALLOCATION.—Section 1237F of the 
Food Security Act of 1985 (16 U.S.C. 3837f) is amended by adding 
at the end the following new subsection: 
‘‘(c) PRAIRIE POTHOLE REGION SURVEY AND REALLOCATION.—
H. R. 2419—116 
‘‘(1) SURVEY.—The Secretary shall conduct a survey during 
fiscal year 2008 and each subsequent fiscal year for the purpose 
of determining interest and allocations for the Prairie Pothole 
Region to enroll eligible land described in section 1237(c)(2)(B). 
‘‘(2) ANNUAL ADJUSTMENT.—The Secretary shall make an 
adjustment to the allocation for an interested State for a fiscal 
year, based on the results of the survey conducted under para-
graph (1) for the State during the previous fiscal year.’’. 
SEC. 2204. TERMS OF WETLANDS RESERVE PROGRAM EASEMENTS. 
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 inserting ‘‘; or’’; 
and 
(3) by adding at the end the following new clause: 
‘‘(iii) to meet habitat needs of specific wildlife spe-
cies; and’’. 
SEC. 2205. COMPENSATION FOR EASEMENTS UNDER WETLANDS 
RESERVE PROGRAM. 
Subsection (f) of section 1237A of the Food Security Act of 
1985 (16 U.S.C. 3837a) is amended to read as follows: 
‘‘(f) COMPENSATION.— 
‘‘(1) DETERMINATION.—Effective on the date of the enact-
ment of the Food, Conservation, and Energy Act of 2008, the 
Secretary shall pay as compensation for a conservation ease-
ment acquired under this subchapter the lowest of— 
‘‘(A) the fair market value of the land, as determined 
by the Secretary, using the Uniform Standards of Profes-
sional Appraisal Practices or an area-wide market analysis 
or survey; 
‘‘(B) the amount corresponding to a geographical cap, 
as determined by the Secretary in regulations; or 
‘‘(C) the offer made by the landowner. 
‘‘(2) FORM OF PAYMENT.—Compensation for an easement 
shall be provided by the Secretary in the form of a cash pay-
ment, in an amount determined under paragraph (1) and speci-
fied in the easement agreement. 
‘‘(3) PAYMENT SCHEDULE FOR EASEMENTS.— 
‘‘(A) EASEMENTS VALUED AT $500,000 OR LESS.—For ease-
ments valued at $500,000 or less, the Secretary may pro-
vide easement payments in not more than 30 annual pay-
ments. 
‘‘(B) EASEMENTS IN EXCESS OF $500,000.—For easements 
valued at more than $500,000, the Secretary may provide 
easement payments in at least 5, but not more than 30 
annual payments, except that, if the Secretary determines 
it would further the purposes of the program, the Secretary 
may make a lump sum payment for such an easement. 
‘‘(4) RESTORATION AGREEMENT PAYMENT LIMITATION.—Pay-
ments made to a person or legal entity, directly or indirectly, 
pursuant to a restoration cost-share agreement under this sub-
chapter may not exceed, in the aggregate, $50,000 per year. 
‘‘(5) ENROLLMENT
PROCEDURE.—Lands may be enrolled 
under this subchapter through the submission of bids under 
a procedure established by the Secretary.’’.
H. R. 2419—117 
SEC. 2206. WETLANDS RESERVE ENHANCEMENT PROGRAM AND 
RESERVED RIGHTS PILOT PROGRAM. 
Section 1237A of the Food Security Act of 1985 (16 U.S.C. 
3837a) is amended by adding at the end the following new sub-
section: 
‘‘(h) WETLANDS RESERVE ENHANCEMENT PROGRAM.— 
‘‘(1) PROGRAM AUTHORIZED.—The Secretary may enter into 
1 or more agreements with a State (including a political subdivi-
sion or agency of a State), nongovernmental organization, or 
Indian tribe to carry out a special wetlands reserve enhance-
ment program that the Secretary determines would advance 
the purposes of this subchapter. 
‘‘(2) RESERVED RIGHTS PILOT PROGRAM.— 
‘‘(A) RESERVATION OF GRAZING RIGHTS.—As part of the 
wetlands reserve enhancement program, the Secretary 
shall carry out a pilot program for land in which a land-
owner may reserve grazing rights in the warranty easement 
deed restriction if the Secretary determines that the res-
ervation and use of the grazing rights— 
‘‘(i) is compatible with the land subject to the ease-
ment; 
‘‘(ii) is consistent with the long-term wetland 
protection and enhancement goals for which the ease-
ment was established; and 
‘‘(iii) complies with a conservation plan. 
‘‘(B) DURATION.—The pilot program established under 
this paragraph shall terminate on September 30, 2012.’’. 
SEC. 2207. DUTIES OF SECRETARY OF AGRICULTURE UNDER WET-
LANDS RESERVE PROGRAM. 
Section 1237C of the Food Security Act of 1985 (16 U.S.C. 
3837c) is amended— 
(1) in subsection (a)(1), by inserting ‘‘including necessary 
maintenance activities,’’ after ‘‘values,’’; and 
(2) by striking subsection (c) and inserting the following 
new subsection: 
‘‘(c) RANKING OF OFFERS.— 
‘‘(1) CONSERVATION
BENEFITS
AND
FUNDING
CONSIDER-
ATIONS.—When evaluating offers from landowners, the Sec-
retary may consider— 
‘‘(A) the conservation benefits of obtaining an easement 
or other interest in the land; 
‘‘(B) the cost-effectiveness of each easement or other 
interest in eligible land, so as to maximize the environ-
mental benefits per dollar expended; and 
‘‘(C) whether the landowner or another person is 
offering to contribute financially to the cost of the easement 
or other interest in the land to leverage Federal funds. 
‘‘(2) ADDITIONAL
CONSIDERATIONS.—In determining the 
acceptability of easement offers, the Secretary may take into 
consideration— 
‘‘(A) the extent to which the purposes of the easement 
program would be achieved on the land; 
‘‘(B) the productivity of the land; and 
‘‘(C) the on-farm and off-farm environmental threats 
if the land is used for the production of agricultural 
commodities.’’.
H. R. 2419—118 
SEC. 2208. PAYMENT LIMITATIONS UNDER WETLANDS RESERVE CON-
TRACTS AND AGREEMENTS. 
Section 1237D(c)(1) of the Food Security Act of 1985 (16 U.S.C. 
3837d(c)(1)) is amended— 
(1) by striking ‘‘The total amount of easement payments 
made to a person’’ and inserting ‘‘The total amount of payments 
that a person or legal entity may receive, directly or indirectly,’’; 
and 
(2) by inserting ‘‘or under 30-year contracts’’ before the 
period at the end. 
SEC. 2209. REPEAL OF PAYMENT LIMITATIONS EXCEPTION FOR STATE 
AGREEMENTS FOR WETLANDS RESERVE ENHANCEMENT. 
Section 1237D(c) of the Food Security Act of 1985 (16 U.S.C. 
3837d(c)) is amended by striking paragraph (4). 
SEC. 2210. REPORT ON IMPLICATIONS OF LONG-TERM NATURE OF CON-
SERVATION EASEMENTS. 
(a) REPORT REQUIRED.—Not later than January 1, 2010, the 
Secretary of Agriculture shall submit to the Committee on Agri-
culture 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 granted under section 1237A of the Food Security Act 
of 1985 (16 U.S.C. 3837a) on resources of the Department of Agri-
culture. 
(b) INCLUSIONS.—The report required by subsection (a) shall 
include the following: 
(1) Data relating to the number and location of conservation 
easements granted under that section that the Secretary holds 
or has a significant role in monitoring or managing. 
(2) An assessment of the extent to which the oversight 
of the conservation easement agreements impacts the avail-
ability of resources, including technical assistance. 
(3) An assessment of the uses and value of agreements 
with partner organizations. 
(4) Any other relevant information relating to costs or 
other effects that would be helpful to the Committees referred 
to in subsection (a). 
Subtitle D—Conservation Stewardship 
Program 
SEC. 2301. CONSERVATION STEWARDSHIP PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Chapter 2 of subtitle D of 
title XII of the Food Security Act of 1985 is amended— 
(1) by redesignating subchapters B (farmland protection 
program) and C (grassland reserve program) as subchapters 
C and D, respectively; and 
(2) by inserting after subchapter A the following new sub-
chapter: 
‘‘Subchapter B—Conservation Stewardship Program 
‘‘SEC. 1238D. DEFINITIONS. 
‘‘In this subchapter:
H. R. 2419—119 
‘‘(1) CONSERVATION ACTIVITIES.— 
‘‘(A) IN GENERAL.—The term ‘conservation activities’ 
means conservation systems, practices, or management 
measures that are designed to address a resource concern. 
‘‘(B) INCLUSIONS.—The term ‘conservation activities’ 
includes— 
‘‘(i) structural measures, vegetative measures, and 
land management measures, including agriculture 
drainage management systems, as determined by the 
Secretary; and 
‘‘(ii) planning needed to address a resource concern. 
‘‘(2) CONSERVATION MEASUREMENT TOOLS.—The term ‘con-
servation measurement tools’ means procedures to estimate 
the level of environmental benefit to be achieved by a producer 
in implementing conservation activities, including indices or 
other measures developed by the Secretary. 
‘‘(3) CONSERVATION
STEWARDSHIP
PLAN.—The term ‘con-
servation stewardship plan’ means a plan that— 
‘‘(A) identifies and inventories resource concerns; 
‘‘(B) establishes benchmark data and conservation 
objectives; 
‘‘(C) describes conservation activities to be imple-
mented, managed, or improved; and 
‘‘(D) includes a schedule and evaluation plan for the 
planning, installation, and management of the new and 
existing conservation activities. 
‘‘(4) PRIORITY
RESOURCE
CONCERN.—The term ‘priority 
resource concern’ means a resource concern that is identified 
at the State level, in consultation with the State Technical 
Committee, as a priority for a particular watershed or area 
of the State. 
‘‘(5) PROGRAM.—The term ‘program’ means the conservation 
stewardship program established by this subchapter. 
‘‘(6) RESOURCE
CONCERN.—The term ‘resource concern’ 
means a specific natural resource impairment or problem, as 
determined by the Secretary, that— 
‘‘(A) represents a significant concern in a State or 
region; and 
‘‘(B) is likely to be addressed successfully through the 
implementation of conservation activities by producers on 
land eligible for enrollment in the program. 
‘‘(7) STEWARDSHIP
THRESHOLD.—The term ‘stewardship 
threshold’ means the level of natural resource conservation 
and environmental management required, as determined by 
the Secretary using conservation measurement tools, to improve 
and conserve the quality and condition of a resource concern. 
‘‘SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM. 
‘‘(a) ESTABLISHMENT AND PURPOSE.—During each of fiscal years 
2009 through 2012, the Secretary shall carry out a conservation 
stewardship program to encourage producers to address resource 
concerns in a comprehensive manner— 
‘‘(1) by undertaking additional conservation activities; and 
‘‘(2) by improving, maintaining and managing existing con-
servation activities. 
‘‘(b) ELIGIBLE LAND.—
H. R. 2419—120 
‘‘(1) IN GENERAL.—Except as provided in subsection (c), 
the following land is eligible for enrollment in the program: 
‘‘(A) Private agricultural land (including cropland, 
grassland, prairie land, improved pastureland, rangeland, 
and land used for agro-forestry). 
‘‘(B) Agricultural land under the jurisdiction of an 
Indian tribe. 
‘‘(C) Forested land that is an incidental part of an 
agricultural operation. 
‘‘(D) Other private agricultural land (including cropped 
woodland, marshes, and agricultural land used for the 
production of livestock) on which resource concerns related 
to agricultural production could be addressed by enrolling 
the land in the program, as determined by the Secretary. 
‘‘(2) SPECIAL
RULE
FOR
NONINDUSTRIAL
PRIVATE
FOREST 
LAND.—Nonindustrial private forest land is eligible for enroll-
ment in the program, except that not more than 10 percent 
of the annual acres enrolled nationally in any fiscal year may 
be nonindustrial private forest land. 
‘‘(3) AGRICULTURAL OPERATION.—Eligible land shall include 
all acres of an agricultural operation of a producer, whether 
or not contiguous, that are under the effective control of the 
producer at the time the producer enters into a stewardship 
contract, and is operated by the producer with equipment, 
labor, management, and production or cultivation practices that 
are substantially separate from other agricultural operations, 
as determined by the Secretary. 
‘‘(c) EXCLUSIONS.— 
‘‘(1) LAND ENROLLED IN OTHER CONSERVATION PROGRAMS.— 
Subject to paragraph (2), the following land is not be eligible 
for enrollment in the program: 
‘‘(A) Land enrolled in the conservation reserve program. 
‘‘(B) Land enrolled in the wetlands reserve program. 
‘‘(C) Land enrolled in the grassland reserve program. 
‘‘(2) CONVERSION TO CROPLAND.—Land used for crop produc-
tion after the date of enactment of the Food, Conservation, 
and Energy Act of 2008 that had not been planted, considered 
to be planted, or devoted to crop production for at least 4 
of the 6 years preceding that date shall not be the basis for 
any payment under the program, unless the land does not 
meet the requirement because— 
‘‘(A) the land had previously been enrolled in the con-
servation reserve program; 
‘‘(B) the land has been maintained using long-term 
crop rotation practices, as determined by the Secretary; 
or 
‘‘(C) the land is incidental land needed for efficient 
operation of the farm or ranch, as determined by the Sec-
retary. 
‘‘SEC. 1238F. STEWARDSHIP CONTRACTS. 
‘‘(a) SUBMISSION
OF CONTRACT OFFERS.—To be eligible to 
participate in the conservation stewardship program, a producer 
shall submit to the Secretary for approval a contract offer that— 
‘‘(1) demonstrates to the satisfaction of the Secretary that 
the producer, at the time of the contract offer, is meeting
H. R. 2419—121 
the stewardship threshold for at least one resource concern; 
and 
‘‘(2) would, at a minimum, meet or exceed the stewardship 
threshold for at least 1 priority resource concern by the end 
of the stewardship contract by— 
‘‘(A) installing and adopting additional conservation 
activities; and 
‘‘(B) improving, maintaining, and managing conserva-
tion activities in place at the operation of the producer 
at the time the contract offer is accepted by the Secretary. 
‘‘(b) EVALUATION OF CONTRACT OFFERS.— 
‘‘(1) RANKING
OF
APPLICATIONS.—In evaluating contract 
offers made by producers to enter into contracts under the 
program, the Secretary shall rank applications based on— 
‘‘(A) the level of conservation treatment on all 
applicable priority resource concerns at the time of applica-
tion, based to the maximum extent practicable on conserva-
tion measurement tools; 
‘‘(B) the degree to which the proposed conservation 
treatment on applicable priority resource concerns effec-
tively increases conservation performance, based to the 
maximum extent possible on conservation measurement 
tools; 
‘‘(C) the number of applicable priority resource concerns 
proposed to be treated to meet or exceed the stewardship 
threshold by the end of the contract; 
‘‘(D) the extent to which other resource concerns, in 
addition to priority resource concerns, will be addressed 
to meet or exceed the stewardship threshold by the end 
of the contract period; and 
‘‘(E) the extent to which the actual and anticipated 
environmental benefits from the contract are provided at 
the least cost relative to other similarly beneficial contract 
offers. 
‘‘(2) PROHIBITION.—The Secretary may not assign a higher 
priority to any application because the applicant is willing 
to accept a lower payment than the applicant would otherwise 
be eligible to receive. 
‘‘(3) ADDITIONAL CRITERIA.—The Secretary may develop and 
use such additional criteria for evaluating applications to enroll 
in the program that the Secretary determines are necessary 
to ensure that national, State, and local conservation priorities 
are effectively addressed. 
‘‘(c) ENTERING INTO CONTRACTS.—After a determination that 
a producer is eligible for the program under subsection (a), and 
a determination that the contract offer ranks sufficiently high under 
the evaluation criteria under subsection (b), the Secretary shall 
enter into a conservation stewardship contract with the producer 
to enroll the land to be covered by the contract. 
‘‘(d) CONTRACT PROVISIONS.— 
‘‘(1) TERM.—A conservation stewardship contract shall be 
for a term of 5 years. 
‘‘(2) PROVISIONS.—The conservation stewardship contract 
of a producer shall— 
‘‘(A) state the amount of the payment the Secretary 
agrees to make to the producer for each year of the con-
servation stewardship contract under section 1238G(e);
H. R. 2419—122 
‘‘(B) require the producer— 
‘‘(i) to implement during the term of the conserva-
tion stewardship contract the conservation stewardship 
plan approved by the Secretary; 
‘‘(ii) 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 stewardship con-
tract; and 
‘‘(iii) not to engage in any activity during the term 
of the conservation stewardship contract on the eligible 
land covered by the contract that would interfere with 
the purposes of the conservation stewardship contract; 
‘‘(C) permit all economic uses of the land that— 
‘‘(i) maintain the agricultural nature of the land; 
and 
‘‘(ii) are consistent with the conservation purposes 
of the conservation stewardship contract; 
‘‘(D) include a provision 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 condition, as determined by the Secretary; and 
‘‘(E) include such other provisions as the Secretary 
determines necessary to ensure the purposes of the pro-
gram are achieved. 
‘‘(e) CONTRACT RENEWAL.—At the end of an initial conservation 
stewardship contract of a producer, the Secretary may allow the 
producer to renew the contract for one additional five-year period 
if the producer— 
‘‘(1) demonstrates compliance with the terms of the existing 
contract; and 
‘‘(2) agrees to adopt new conservation activities, as deter-
mined by the Secretary. 
‘‘(f) MODIFICATION.—The Secretary may allow a producer to 
modify a stewardship contract if the Secretary determines that 
the modification is consistent with achieving the purposes of the 
program. 
‘‘(g) CONTRACT TERMINATION.— 
‘‘(1) VOLUNTARY TERMINATION.—A producer may terminate 
a conservation stewardship contract if the Secretary determines 
that termination would not defeat the purposes of the program. 
‘‘(2) INVOLUNTARY
TERMINATION.—The Secretary may 
terminate a contract under this subchapter if the Secretary 
determines that the producer violated the contract. 
‘‘(3) REPAYMENT.—If a contract is terminated, the Secretary 
may, consistent with the purposes of the program— 
‘‘(A) allow the producer to retain payments already 
received under the contract; or 
‘‘(B) require repayment, in whole or in part, of pay-
ments already received and assess liquidated damages. 
‘‘(4) CHANGE
OF
INTEREST
IN
LAND
SUBJECT
TO
A
CON-
TRACT.— 
‘‘(A) IN GENERAL.—Except as provided in paragraph 
(B), a change in the interest of a producer in land covered 
by a contract under this chapter shall result in the termi-
nation of the contract with regard to that land.
H. R. 2419—123 
‘‘(B) TRANSFER OF DUTIES AND RIGHTS.—Subparagraph 
(A) shall not apply if— 
‘‘(i) within a reasonable period of time (as deter-
mined by the Secretary) after the date of the change 
in the interest in land covered by a contract under 
the program, the transferee of the land provides writ-
ten notice to the Secretary that all duties and rights 
under the contract have been transferred to, and 
assumed by, the transferee; and 
‘‘(ii) the transferee meets the eligibility require-
ments of the program. 
‘‘(h) COORDINATION WITH ORGANIC CERTIFICATION.—The Sec-
retary shall establish a transparent means by which producers 
may initiate organic certification under the Organic Foods Produc-
tion Act of 1990 (7 U.S.C. 6501 et. seq.) while participating in 
a contract under this subchapter. 
‘‘(i) ON-FARM
RESEARCH
AND
DEMONSTRATION
OR
PILOT 
TESTING.—The Secretary may approve a contract offer under this 
subchapter that includes— 
‘‘(1) on-farm conservation research and demonstration 
activities; and 
‘‘(2) pilot testing of new technologies or innovative conserva-
tion practices. 
‘‘SEC. 1238G. DUTIES OF THE SECRETARY. 
‘‘(a) IN GENERAL.—To achieve the conservation goals of a con-
tract under the conservation stewardship program, the Secretary 
shall— 
‘‘(1) make the program available to eligible producers on 
a continuous enrollment basis with 1 or more ranking periods, 
one of which shall occur in the first quarter of each fiscal 
year; 
‘‘(2) identify not less than 3 nor more than 5 priority 
resource concerns in a particular watershed or other appro-
priate region or area within a State; and 
‘‘(3) develop reliable conservation measurement tools for 
purposes of carrying out the program. 
‘‘(b) ALLOCATION TO STATES.—The Secretary shall allocate acres 
to States for enrollment, based— 
‘‘(1) primarily on each State’s proportion of eligible acres 
under section 1238E(b)(1) to the total number of eligible acres 
in all States; and 
‘‘(2) also on consideration of— 
‘‘(A) the extent and magnitude of the conservation 
needs associated with agricultural production in each State; 
‘‘(B) the degree to which implementation of the pro-
gram in the State is, or will be, effective in helping pro-
ducers address those needs; and 
‘‘(C) 
other 
considerations 
to 
achieve 
equitable 
geographic distribution of funds, as determined by the Sec-
retary. 
‘‘(c) SPECIALTY CROP AND ORGANIC PRODUCERS.—The Secretary 
shall ensure that outreach and technical assistance are available, 
and program specifications are appropriate to enable specialty crop 
and organic producers to participate in the program.
H. R. 2419—124 
‘‘(d) ACREAGE ENROLLMENT LIMITATION.—During the period 
beginning on October 1, 2008, and ending on September 30, 2017, 
the Secretary shall, to the maximum extent practicable— 
‘‘(1) enroll in the program an additional 12,769,000 acres 
for each fiscal year; and 
‘‘(2) manage the program to achieve a national average 
rate of $18 per acre, which shall include the costs of all financial 
assistance, technical assistance, and any other expenses associ-
ated with enrollment or participation in the program. 
‘‘(e) CONSERVATION STEWARDSHIP PAYMENTS.— 
‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary shall pro-
vide a payment under the program to compensate the producer 
for— 
‘‘(A) installing and adopting additional conservation 
activities; and 
‘‘(B) improving, maintaining, and managing conserva-
tion activities in place at the operation of the producer 
at the time the contract offer is accepted by the Secretary. 
‘‘(2) PAYMENT AMOUNT.—The amount of the conservation 
stewardship payment shall be determined by the Secretary 
and based, to the maximum extent practicable, on the following 
factors: 
‘‘(A) Costs incurred by the producer associated with 
planning, design, materials, installation, labor, manage-
ment, maintenance, or training. 
‘‘(B) Income forgone by the producer. 
‘‘(C) Expected environmental benefits as determined 
by conservation measurement tools. 
‘‘(3) EXCLUSIONS.—A payment to a producer under this 
subsection shall not be provided for— 
‘‘(A) the design, construction, or maintenance of animal 
waste storage or treatment facilities or associated waste 
transport or transfer devices for animal feeding operations; 
or 
‘‘(B) conservation activities for which there is no cost 
incurred or income forgone to the producer. 
‘‘(4) TIMING OF PAYMENTS.— 
‘‘(A) IN GENERAL.—The Secretary shall make payments 
as soon as practicable after October 1 of each fiscal year 
for activities carried out in the previous fiscal year. 
‘‘(B) ADDITIONAL
ACTIVITIES.—The Secretary shall 
make payments to compensate producers for installation 
of additional practices at the time at which the practices 
are installed and adopted. 
‘‘(f) SUPPLEMENTAL
PAYMENTS
FOR
RESOURCE-CONSERVING 
CROP ROTATIONS.— 
‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary shall pro-
vide additional payments to producers that, in participating 
in the program, agree to adopt resource-conserving crop rota-
tions to achieve beneficial crop rotations as appropriate for 
the land of the producers. 
‘‘(2) BENEFICIAL
CROP
ROTATIONS.—The Secretary shall 
determine whether a resource-conserving crop rotation is a 
beneficial crop rotation eligible for additional payments under 
paragraph (1), based on whether the resource-conserving crop 
rotation is designed to provide natural resource conservation 
and production benefits.
H. R. 2419—125 
‘‘(3) ELIGIBILITY.—To be eligible to receive a payment 
described in paragraph (1), a producer shall agree to adopt 
and maintain beneficial resource-conserving crop rotations for 
the term of the contract. 
‘‘(4) RESOURCE-CONSERVING CROP ROTATION.—In this sub-
section, the term ‘resource-conserving crop rotation’ means a 
crop rotation that— 
‘‘(A) includes at least 1 resource conserving crop (as 
defined by the Secretary); 
‘‘(B) reduces erosion; 
‘‘(C) improves soil fertility and tilth; 
‘‘(D) interrupts pest cycles; and 
‘‘(E) in applicable areas, reduces depletion of soil mois-
ture or otherwise reduces the need for irrigation. 
‘‘(g) PAYMENT LIMITATIONS.—A person or legal entity may not 
receive, directly or indirectly, payments under this subchapter that, 
in the aggregate, exceed $200,000 for all contracts entered into 
during any 5-year period, excluding funding arrangements with 
federally recognized Indian tribes or Alaska Native corporations, 
regardless of the number of contracts entered into under the pro-
gram by the person or entity. 
‘‘(h) REGULATIONS.—The Secretary shall promulgate regulations 
that— 
‘‘(1) prescribe such other rules as the Secretary determines 
to be necessary to ensure a fair and reasonable application 
of the limitations established under subsection (g); and 
‘‘(2) otherwise enable the Secretary to carry out the pro-
gram. 
‘‘(i) DATA.—The Secretary shall maintain detailed and seg-
mented data on contracts and payments under the program to 
allow for quantification of the amount of payments made for— 
‘‘(1) the installation and adoption of additional conservation 
activities and improvements to conservation activities in place 
on the operation of a producer at the time the conservation 
stewardship offer is accepted by the Secretary; 
‘‘(2) participation in research, demonstration, and pilot 
projects; and 
‘‘(3) the development and periodic assessment and evalua-
tion of conservation plans developed under this subchapter.’’. 
(b) TERMINATION
OF
CONSERVATION
SECURITY
PROGRAM 
AUTHORITY; EFFECT ON EXISTING CONTRACTS.—Section 1238A of 
the Food Security Act of 1985 (16 U.S.C. 3838a) is amended by 
adding at the end the following new subsection: 
‘‘(g) PROHIBITION ON CONSERVATION SECURITY PROGRAM CON-
TRACTS; EFFECT ON EXISTING CONTRACTS.— 
‘‘(1) PROHIBITION.—A conservation security contract may 
not be entered into or renewed under this subchapter after 
September 30, 2008. 
‘‘(2) EXCEPTION.—This subchapter, and the terms and 
conditions of the conservation security program, shall continue 
to apply to— 
‘‘(A) conservation security contracts entered into on 
or before September 30, 2008; and 
‘‘(B) any conservation security contract entered into 
after that date, but for which the application for the con-
tract was received during the 2008 sign-up period.
H. R. 2419—126 
‘‘(3) EFFECT ON PAYMENTS.—The Secretary shall make pay-
ments under this subchapter with respect to conservation secu-
rity contracts described in paragraph (2) during the remaining 
term of the contracts. 
‘‘(4) REGULATIONS.—A contract described in paragraph (2) 
may not be administered under the regulations issued to carry 
out the conservation stewardship program.’’. 
(c) 
REFERENCE
TO
REDESIGNATED
SUBCHAPTER.—Section 
1238A(b)(3)(C) of title XII of the Food Security Act of 1985 (16 
U.S.C. 3838a(b)(3)(C)) is amended by striking ‘‘subchapter C’’ and 
inserting ‘‘subchapter D’’. 
Subtitle E—Farmland Protection and 
Grassland Reserve 
SEC. 2401. FARMLAND PROTECTION PROGRAM. 
(a) DEFINITIONS.—Section 1238H of the Food Security Act of 
1985 (16 U.S.C. 3838h) is amended— 
(1) by striking paragraph (1) and inserting the following 
new paragraph: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 
‘‘(A) any agency of any State or local government or 
an Indian tribe (including a farmland protection board 
or land resource council established under State law); or 
‘‘(B) any organization that— 
‘‘(i) is organized for, and at all times since the 
formation of the organization has been operated prin-
cipally 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; 
‘‘(ii) is an organization described in section 
501(c)(3) of that Code that is exempt from taxation 
under section 501(a) of that Code; and 
‘‘(iii) is— 
‘‘(I) described in paragraph (1) or (2) of section 
509(a) of that Code; or 
‘‘(II) described in section 509(a)(3), and is con-
trolled by an organization described in section 
509(a)(2), of that Code.’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘that—’’ and inserting ‘‘that is sub-
ject to a pending offer for purchase from an eligible 
entity and—’’; and 
(ii) by striking clauses (i) and (ii) and inserting 
the following new clauses: 
‘‘(i) has prime, unique, or other productive soil; 
‘‘(ii) contains historical or archaeological resources; 
or 
‘‘(iii) the protection of which will further a State 
or local policy consistent with the purposes of the pro-
gram.’’; and 
(B) in subparagraph (B)— 
(i) in clause (iv), by striking ‘‘and’’ at the end; 
and
H. R. 2419—127 
(ii) by striking clause (v) and inserting the fol-
lowing new clauses: 
‘‘(v) forest land that— 
‘‘(I) contributes to the economic viability of 
an agricultural operation; or 
‘‘(II) serves as a buffer to protect an agricul-
tural operation from development; and 
‘‘(vi) land that is incidental to land described in 
clauses (i) through (v), if such land is necessary for 
the efficient administration of a conservation easement, 
as determined by the Secretary.’’. 
(b) FARMLAND PROTECTION.—Section 1238I of the Food Security 
Act of 1985 (16 U.S.C. 3838i) is amended to read as follows: 
‘‘SEC. 1238I. FARMLAND PROTECTION PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish and carry 
out a farmland protection program under which the Secretary shall 
facilitate and provide funding for the purchase of conservation 
easements or other interests in eligible land. 
‘‘(b) PURPOSE.—The purpose of the program is to protect the 
agricultural use and related conservation values of eligible land 
by limiting nonagricultural uses of that land. 
‘‘(c) COST-SHARE ASSISTANCE.— 
‘‘(1) PROVISION OF ASSISTANCE.—The Secretary shall pro-
vide cost-share assistance to eligible entities for purchasing 
a conservation easement or other interest in eligible land. 
‘‘(2) FEDERAL SHARE.—The share of the cost provided by 
the Secretary for purchasing a conservation easement or other 
interest in eligible land shall not exceed 50 percent of the 
appraised fair market value of the conservation easement or 
other interest in eligible land. 
‘‘(3) NON-FEDERAL SHARE.— 
‘‘(A) SHARE PROVIDED BY ELIGIBLE ENTITY.—The eligible 
entity shall provide a share of the cost of purchasing a 
conservation easement or other interest in eligible land 
in an amount that is not less than 25 percent of the 
acquisition purchase price. 
‘‘(B) LANDOWNER CONTRIBUTION.—As part of the non- 
Federal share of the cost of purchasing a conservation 
easement or other interest in eligible land, an eligible 
entity may include a charitable donation or qualified con-
servation contribution (as defined by section 170(h) of the 
Internal Revenue Code of 1986) from the private landowner 
from which the conservation easement or other interest 
in land will be purchased. 
‘‘(d) DETERMINATION OF FAIR MARKET VALUE.—Effective on the 
date of enactment of the Food, Conservation, and Energy Act of 
2008, the fair market value of the conservation easement or other 
interest in eligible land shall be determined on the basis of an 
appraisal using an industry approved method, selected by the 
eligible entity and approved by the Secretary. 
‘‘(e) BIDDING DOWN PROHIBITED.—If the Secretary determines 
that 2 or more applications for cost-share assistance are comparable 
in achieving the purpose of the program, the Secretary shall not 
assign a higher priority to any 1 of those applications solely on 
the basis of lesser cost to the program. 
‘‘(f) CONDITION ON ASSISTANCE.—
H. R. 2419—128 
‘‘(1) CONSERVATION
PLAN.—Any highly erodible cropland 
for which a conservation easement or other interest is pur-
chased using cost-share assistance provided under the program 
shall be subject to a conservation plan that requires, at the 
option of the Secretary, the conversion of the cropland to less 
intensive uses. 
‘‘(2) CONTINGENT RIGHT OF ENFORCEMENT.—The Secretary 
shall require the inclusion of a contingent right of enforcement 
for the Secretary in the terms of a conservation easement 
or other interest in eligible land that is purchased using cost- 
share assistance provided under the program. 
‘‘(g) AGREEMENTS WITH ELIGIBLE ENTITIES.— 
‘‘(1) IN GENERAL.—The Secretary shall enter into agree-
ments with eligible entities to stipulate the terms and condi-
tions under which the eligible entity is permitted to use cost- 
share assistance provided under subsection (c). 
‘‘(2) LENGTH OF AGREEMENTS.—An agreement under this 
subsection shall be for a term that is— 
‘‘(A) in the case of an eligible entity certified under 
the process described in subsection (h), a minimum of five 
years; and 
‘‘(B) for all other eligible entities, at least three, but 
not more than five years. 
‘‘(3) SUBSTITUTION OF QUALIFIED PROJECTS.—An agreement 
shall allow, upon mutual agreement of the parties, substitution 
of qualified projects that are identified at the time of the 
proposed substitution. 
‘‘(4) MINIMUM REQUIREMENTS.—An eligible entity shall be 
authorized to use its own terms and conditions, as approved 
by the Secretary, for conservation easements and other pur-
chases of interests in land, so long as such terms and condi-
tions— 
‘‘(A) are consistent with the purposes of the program; 
‘‘(B) permit effective enforcement of the conservation 
purposes of such easements or other interests; and 
‘‘(C) include a limit on the impervious surfaces to be 
allowed that is consistent with the agricultural activities 
to be conducted. 
‘‘(5) EFFECT OF VIOLATION.—If a violation occurs of a term 
or condition of an agreement entered into under this sub-
section— 
‘‘(A) the agreement shall remain in force; and 
‘‘(B) the Secretary may require the eligible entity to 
refund all or part of any payments received by the entity 
under the program, with interest on the payments as deter-
mined appropriate by the Secretary. 
‘‘(h) CERTIFICATION OF ELIGIBLE ENTITIES.— 
‘‘(1) CERTIFICATION PROCESS.—The Secretary shall establish 
a process under which the Secretary may— 
‘‘(A) directly certify eligible entities that meet estab-
lished criteria; 
‘‘(B) enter into long-term agreements with certified 
entities, as authorized by subsection (g)(2)(A); and 
‘‘(C) accept proposals for cost-share assistance to cer-
tified entities for the purchase of conservation easements 
or other interests in eligible land throughout the duration 
of such agreements.
H. R. 2419—129 
‘‘(2) CERTIFICATION CRITERIA.—In order to be certified, an 
eligible entity shall demonstrate to the Secretary that the entity 
will maintain, at a minimum, for the duration of the agree-
ment— 
‘‘(A) a plan for administering easements that is con-
sistent with the purpose of this subchapter; 
‘‘(B) the capacity and resources to monitor and enforce 
conservation easements or other interests in land; and 
‘‘(C) policies and procedures to ensure— 
‘‘(i) the long-term integrity of conservation ease-
ments or other interests in eligible land; 
‘‘(ii) timely completion of acquisitions of easements 
or other interests in eligible land; and 
‘‘(iii) timely and complete evaluation and reporting 
to the Secretary on the use of funds provided by the 
Secretary under the program. 
‘‘(3) REVIEW AND REVISION.— 
‘‘(A) REVIEW.—The Secretary shall conduct a review 
of eligible entities certified under paragraph (1) every three 
years to ensure that such entities are meeting the criteria 
established under paragraph (2). 
‘‘(B) REVOCATION.—If the Secretary finds that the cer-
tified entity no longer meets the criteria established under 
paragraph (2), the Secretary may— 
‘‘(i) allow the certified entity a specified period 
of time, at a minimum 180 days, in which to take 
such actions as may be necessary to meet the criteria; 
and 
‘‘(ii) revoke the certification of the entity, if after 
the specified period of time, the certified entity does 
not meet the criteria established in paragraph (2).’’. 
SEC. 2402. 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 inserting ‘‘2012’’. 
SEC. 2403. GRASSLAND RESERVE PROGRAM. 
Subchapter D of chapter 2 of subtitle D of title XII of the 
Food Security Act of 1985 (16 U.S.C. 3838n et seq.), as redesignated 
by section 2301(a)(1), is amended to read as follows: 
‘‘Subchapter D—Grassland Reserve Program 
‘‘SEC. 1238N. GRASSLAND RESERVE PROGRAM. 
‘‘(a) ESTABLISHMENT AND PURPOSE.—The Secretary shall estab-
lish a grassland reserve program (referred to in this subchapter 
as the ‘program’) for the purpose of assisting owners and operators 
in protecting grazing uses and related conservation values by 
restoring and conserving eligible land through rental contracts, 
easements, and restoration agreements. 
‘‘(b) ENROLLMENT OF ACREAGE.— 
‘‘(1) ACREAGE ENROLLED.—The Secretary shall enroll an 
additional 1,220,000 acres of eligible land in the program during 
fiscal years 2009 through 2012. 
‘‘(2) METHODS OF ENROLLMENT.—The Secretary shall enroll 
eligible land in the program through the use of; 
‘‘(A) a 10-year, 15-year, or 20-year rental contract; 
‘‘(B) a permanent easement; or
H. R. 2419—130 
‘‘(C) in a State that imposes a maximum duration 
for easements, an easement for the maximum duration 
allowed under the law of that State. 
‘‘(3) LIMITATION.—Of the total amount of funds expended 
under the program to acquire rental contracts and easements 
described in paragraph (2), the Secretary shall use, to the 
extent practicable— 
‘‘(A) 40 percent for rental contacts; and 
‘‘(B) 60 percent for easements. 
‘‘(4) ENROLLMENT OF CONSERVATION RESERVE LAND.— 
‘‘(A) PRIORITY.—Upon expiration of a contract under 
subchapter B of chapter 1 of this subtitle, the Secretary 
shall give priority for enrollment in the program to land 
previously enrolled in the conservation reserve program 
if— 
‘‘(i) the land is eligible land, as defined in sub-
section (c); and 
‘‘(ii) the Secretary determines that the land is of 
high ecological value and under significant threat of 
conversion to uses other than grazing. 
‘‘(B) MAXIMUM ENROLLMENT.—The number of acres of 
land enrolled under the priority described in subparagraph 
(A) in a calendar year shall not exceed 10 percent of the 
total number of acres enrolled in the program in that 
calendar year. 
‘‘(c) ELIGIBLE LAND DEFINED.—For purposes of the program, 
the term ‘eligible land’ means private or tribal land that— 
‘‘(1) is grassland, land that contains forbs, or shrubland 
(including improved rangeland and pastureland) for which 
grazing is the predominant use; 
‘‘(2) is located in an area that has been historically domi-
nated by grassland, forbs, or shrubland, and the land— 
‘‘(A) could provide habitat for animal or plant popu-
lations of significant ecological value if the land— 
‘‘(i) is retained in its current use; or 
‘‘(ii) is restored to a natural condition; 
‘‘(B) contains historical or archaeological resources; or 
‘‘(C) would address issues raised by State, regional, 
and national conservation priorities; or 
‘‘(3) is incidental to land described in paragraph (1) or 
(2), if the incidental land is determined by the Secretary to 
be necessary for the efficient administration of a rental contract 
or easement under the program. 
‘‘SEC. 1238O. DUTIES OF OWNERS AND OPERATORS. 
‘‘(a) RENTAL CONTRACTS.—To be eligible to enroll eligible land 
in the program under a rental contract, the owner or operator 
of the land shall agree— 
‘‘(1) to comply with the terms of the contract and, when 
applicable, a restoration agreement; 
‘‘(2) to suspend any existing cropland base and allotment 
history for the land under another program administered by 
the Secretary; and 
‘‘(3) to implement a grazing management plan, as approved 
by the Secretary, which may be modified upon mutual agree-
ment of the parties.
H. R. 2419—131 
‘‘(b) EASEMENTS.—To be eligible to enroll eligible land in the 
program through an easement, the owner of the land shall agree— 
‘‘(1) to grant an easement to the Secretary or to an eligible 
entity described in section 1238Q; 
‘‘(2) to create and record an appropriate deed restriction 
in accordance with applicable State law to reflect the easement; 
‘‘(3) to provide a written statement of consent to the ease-
ment signed by persons holding a security interest or any 
vested interest in the land; 
‘‘(4) to provide proof of unencumbered title to the under-
lying fee interest in the land that is the subject of the easement; 
‘‘(5) to comply with the terms of the easement and, when 
applicable, a restoration agreement; 
‘‘(6) to implement a grazing management plan, as approved 
by the Secretary, which may be modified upon mutual agree-
ment of the parties; and 
‘‘(7) to eliminate any existing cropland base and allotment 
history for the land under another program administered by 
the Secretary. 
‘‘(c) RESTORATION AGREEMENTS.— 
‘‘(1) WHEN APPLICABLE.—To be eligible for cost-share assist-
ance to restore eligible land subject to a rental contract or 
an easement under the program, the owner or operator of 
the land shall agree to comply with the terms of a restoration 
agreement. 
‘‘(2) TERMS AND CONDITIONS.—The Secretary shall prescribe 
the terms and conditions of a restoration agreement by which 
eligible land that is subject to a rental contract or easement 
under the program shall be restored. 
‘‘(3) DUTIES.—The restoration agreement shall describe the 
respective duties of the owner or operator and the Secretary, 
including the Federal share of restoration payments and tech-
nical assistance. 
‘‘(d) TERMS AND CONDITIONS APPLICABLE TO RENTAL CONTRACTS 
AND EASEMENTS.— 
‘‘(1) PERMISSIBLE
ACTIVITIES.—The terms and conditions 
of a rental contract or easement under the program shall 
permit— 
‘‘(A) common grazing practices, including maintenance 
and necessary cultural practices, on the land in a manner 
that is consistent with maintaining the viability of grass-
land, forb, and shrub species appropriate to that locality; 
‘‘(B) haying, mowing, or harvesting for seed production, 
subject to appropriate restrictions during the nesting sea-
son for birds in the local area that are in significant decline 
or are conserved in accordance with Federal or State law, 
as determined by the State Conservationist; 
‘‘(C) fire presuppression, rehabilitation, and construc-
tion of fire breaks; and 
‘‘(D) grazing related activities, such as fencing and 
livestock watering. 
‘‘(2) PROHIBITIONS.—The terms and conditions of a rental 
contract or easement under the program shall prohibit— 
‘‘(A) the production of crops (other than hay), fruit 
trees, vineyards, or any other agricultural commodity that 
is inconsistent with maintaining grazing land; and
H. R. 2419—132 
‘‘(B) except as permitted under a restoration plan, the 
conduct of any other activity that would be inconsistent 
with maintaining grazing land enrolled in the program. 
‘‘(3) ADDITIONAL TERMS AND CONDITIONS.—A rental contract 
or easement under the program shall include such additional 
provisions as the Secretary determines are appropriate to carry 
out or facilitate the purposes and administration of the pro-
gram. 
‘‘(e) VIOLATIONS.—On a violation of the terms or conditions 
of a rental contract, easement, or restoration agreement entered 
into under this section— 
‘‘(1) the contract or easement shall remain in force; and 
‘‘(2) the Secretary may require the owner or operator to 
refund all or part of any payments received under the program, 
with interest on the payments as determined appropriate by 
the Secretary. 
‘‘SEC. 1238P. DUTIES OF SECRETARY. 
‘‘(a) EVALUATION AND RANKING OF APPLICATIONS.— 
‘‘(1) CRITERIA.—The Secretary shall establish criteria to 
evaluate and rank applications for rental contracts and ease-
ments under the program . 
‘‘(2) CONSIDERATIONS.—In establishing the criteria, the Sec-
retary shall emphasize support for— 
‘‘(A) grazing operations; 
‘‘(B) plant and animal biodiversity; and 
‘‘(C) grassland, land that contains forbs, and shrubland 
under the greatest threat of conversion to uses other than 
grazing. 
‘‘(b) PAYMENTS.— 
‘‘(1) IN GENERAL.—In return for the execution of a rental 
contract or the granting of an easement by an owner or operator 
under the program, the Secretary shall— 
‘‘(A) make rental contract or easement payments to 
the owner or operator in accordance with paragraphs (2) 
and (3); and 
‘‘(B) make payments to the owner or operator under 
a restoration agreement for the Federal share of the cost 
of restoration in accordance with paragraph (4). 
‘‘(2) RENTAL CONTRACT PAYMENTS.— 
‘‘(A) PERCENTAGE
OF
GRAZING
VALUE
OF
LAND.—In 
return for the execution of a rental contract by an owner 
or operator under the program, the Secretary shall make 
annual payments during the term of the contract in an 
amount, subject to subparagraph (B), that is not more 
than 75 percent of the grazing value of the land covered 
by the contract. 
‘‘(B) PAYMENT LIMITATION.—Payments made under 1 
or more rental contracts to a person or legal entity, directly 
or indirectly, may not exceed, in the aggregate, $50,000 
per year. 
‘‘(3) EASEMENT PAYMENTS.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), in 
return for the granting of an easement by an owner under 
the program, the Secretary shall make easement payments 
in an amount not to exceed the fair market value of the
H. R. 2419—133 
land less the grazing value of the land encumbered by 
the easement. 
‘‘(B) METHOD FOR DETERMINATION OF COMPENSATION.— 
In making a determination under subparagraph (A), the 
Secretary shall pay as compensation for a easement 
acquired under the program the lowest of— 
‘‘(i) the fair market value of the land encumbered 
by the easement, as determined by the Secretary, 
using— 
‘‘(I) the Uniform Standards of Professional 
Appraisal Practices; or 
‘‘(II) an area-wide market analysis or survey; 
‘‘(ii) the amount corresponding to a geographical 
cap, as determined by the Secretary in regulations; 
or 
‘‘(iii) the offer made by the landowner. 
‘‘(C) SCHEDULE.—Easement payments may be provided 
in up to 10 annual payments of equal or unequal amount, 
as agreed to by the Secretary and the owner. 
‘‘(4) RESTORATION AGREEMENT PAYMENTS.— 
‘‘(A) FEDERAL SHARE OF RESTORATION.—The Secretary 
shall make payments to an owner or operator under a 
restoration agreement of not more than 50 percent of the 
costs of carrying out measures and practices necessary 
to restore functions and values of that land. 
‘‘(B) PAYMENT LIMITATION.—Payments made under 1 
or more restoration agreements to a person or legal entity, 
directly or indirectly, may not exceed, in the aggregate, 
$50,000 per year. 
‘‘(5) PAYMENTS TO OTHERS.—If an owner or operator who 
is entitled to a payment under the program dies, becomes 
incompetent, is otherwise unable to receive the payment, or 
is succeeded by another person who renders or completes the 
required performance, the Secretary shall make the payment, 
in accordance with regulations promulgated by the Secretary 
and without regard to any other provision of law, in such 
manner as the Secretary determines is fair and reasonable 
in light of all the circumstances. 
‘‘SEC. 1238Q. DELEGATION OF DUTY. 
‘‘(a) AUTHORITY TO DELEGATE.—The Secretary may delegate 
a duty under the program— 
‘‘(1) by transferring title of ownership to an easement to 
an eligible entity to hold and enforce; or 
‘‘(2) by entering into a cooperative agreement with an 
eligible entity for the eligible entity to own, write, and enforce 
an easement. 
‘‘(b) ELIGIBLE ENTITY DEFINED.—In this section, the term 
‘eligible entity’ means— 
‘‘(1) an agency of State or local government or an Indian 
tribe; or 
‘‘(2) an organization that— 
‘‘(A) is organized for, and at all times since the forma-
tion of the organization has been operated principally for, 
one 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;
H. R. 2419—134 
‘‘(B) is an organization described in section 501(c)(3) 
of that Code that is exempt from taxation under section 
501(a) of that Code; and 
‘‘(C) is described in— 
‘‘(i) paragraph (1) or (2) of section 509(a) of that 
Code; or 
‘‘(ii) in section 509(a)(3) of that Code, and is con-
trolled by an organization described in section 509(a)(2) 
of that Code. 
‘‘(c) TRANSFER OF TITLE OF OWNERSHIP.— 
‘‘(1) TRANSFER.—The Secretary may transfer title of owner-
ship to an easement to an eligible entity to hold and enforce, 
in lieu of the Secretary, subject to the right of the Secretary 
to conduct periodic inspections and enforce the easement, if— 
‘‘(A) the Secretary determines that the transfer will 
promote protection of grassland, land that contains forbs, 
or shrubland; 
‘‘(B) the owner authorizes the eligible entity to hold 
or enforce the easement; and 
‘‘(C) the eligible entity agrees to assume the costs 
incurred in administering and enforcing the easement, 
including the costs of restoration or rehabilitation of the 
land as specified by the owner and the eligible entity. 
‘‘(2) APPLICATION.—An eligible entity that seeks to hold 
and enforce an easement shall apply to the Secretary for 
approval. 
‘‘(3) APPROVAL BY SECRETARY.—The Secretary may approve 
an application described in paragraph (2) if the eligible entity— 
‘‘(A) has the relevant experience necessary, as appro-
priate for the application, to administer an easement on 
grassland, land that contains forbs, or shrubland; 
‘‘(B) has a charter that describes a commitment to 
conserving ranchland, agricultural land, or grassland for 
grazing and conservation purposes; and 
‘‘(C) has the resources necessary to effectuate the pur-
poses of the charter. 
‘‘(d) COOPERATIVE AGREEMENTS.— 
‘‘(1) AUTHORIZED; TERMS AND CONDITIONS.—The Secretary 
shall establish the terms and conditions of a cooperative agree-
ment under which an eligible entity shall use funds provided 
by the Secretary to own, write, and enforce an easement, in 
lieu of the Secretary. 
‘‘(2) MINIMUM REQUIREMENTS.—At a minimum, the coopera-
tive agreement shall— 
‘‘(A) specify the qualification of the eligible entity to 
carry out the entity’s responsibilities under the program, 
including 
acquisition, 
monitoring, 
enforcement, 
and 
implementation of management policies and procedures 
that ensure the long-term integrity of the easement protec-
tions; 
‘‘(B) require the eligible entity to assume the costs 
incurred in administering and enforcing the easement, 
including the costs of restoration or rehabilitation of the 
land as specified by the owner and the eligible entity; 
‘‘(C) specify the right of the Secretary to conduct peri-
odic inspections to verify the eligible entity’s enforcement 
of the easement;
H. R. 2419—135 
‘‘(D) subject to subparagraph (E), identify a specific 
project or a range of projects to be funded under the agree-
ment; 
‘‘(E) allow, upon mutual agreement of the parties, 
substitution of qualified projects that are identified at the 
time of substitution; 
‘‘(F) specify the manner in which the eligible entity 
will evaluate and report the use of funds to the Secretary; 
‘‘(G) allow the eligible entity flexibility to develop and 
use terms and conditions for easements, if the Secretary 
finds the terms and conditions consistent with the purposes 
of the program and adequate to enable effective enforce-
ment of the easements; 
‘‘(H) if applicable, allow an eligible entity to include 
a charitable donation or qualified conservation contribution 
(as defined by section 170(h) of the Internal Revenue Code 
of 1986) from the landowner from which the easement 
will be purchased as part of the entity’s share of the cost 
to purchase an easement; and 
‘‘(I) provide for a schedule of payments to an eligible 
entity, as agreed to by the Secretary and the eligible entity. 
‘‘(3) COST SHARING.— 
‘‘(A) IN GENERAL.—As part of a cooperative agreement 
with an eligible entity under this subsection, the Secretary 
may provide a share of the purchase price of an easement 
under the program. 
‘‘(B) MINIMUM SHARE BY ELIGIBLE ENTITY.—The eligible 
entity shall be required to provide a share of the purchase 
price at least equivalent to that provided by the Secretary. 
‘‘(C) PRIORITY.—The Secretary may accord a higher 
priority to proposals from eligible entities that leverage 
a greater share of the purchase price of the easement. 
‘‘(4) VIOLATION.—If an eligible entity violates the terms 
or conditions of a cooperative agreement entered into under 
this subsection— 
‘‘(A) the cooperative agreement shall remain in force; 
and 
‘‘(B) the Secretary may require the eligible entity to 
refund all or part of any payments received by the eligible 
entity under the program, with interest on the payments 
as determined appropriate by the Secretary. 
‘‘(e) PROTECTION OF FEDERAL INVESTMENT.—When delegating 
a duty under this section, the Secretary shall ensure that the 
terms of an easement include a contingent right of enforcement 
for the Department.’’. 
Subtitle F—Environmental Quality 
Incentives Program 
SEC. 2501. PURPOSES OF ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM. 
(a) REVISED 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’’; and
H. R. 2419—136 
(2) by striking paragraphs (3) and (4) and inserting the 
following new paragraphs: 
‘‘(3) providing flexible assistance to producers to install 
and maintain conservation practices that sustain food and fiber 
production while— 
‘‘(A) enhancing soil, water, and related natural 
resources, including grazing land, forestland, wetland, and 
wildlife; and 
‘‘(B) conserving energy; 
‘‘(4) assisting producers to make beneficial, cost effective 
changes to production systems (including conservation practices 
related to organic production), grazing management, fuels 
management, forest management, nutrient management associ-
ated with livestock, pest or irrigation management, or other 
practices on agricultural and forested land; and’’. 
(b) TECHNICAL CORRECTION.—The Food Security Act of 1985 
is amended by inserting immediately before section 1240 (16 U.S.C. 
3839aa) the following: 
‘‘CHAPTER 4—ENVIRONMENTAL QUALITY INCENTIVES 
PROGRAM’’. 
SEC. 2502. DEFINITIONS. 
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 
3839aa–1) is amended to read as follows: 
‘‘SEC. 1240A. DEFINITIONS. 
‘‘In this chapter: 
‘‘(1) ELIGIBLE LAND.— 
‘‘(A) IN GENERAL.—The term ‘eligible land’ means land 
on which agricultural commodities, livestock, or forest- 
related products are produced. 
‘‘(B) INCLUSIONS.—The term ‘eligible land’ includes the 
following: 
‘‘(i) Cropland. 
‘‘(ii) Grassland. 
‘‘(iii) Rangeland. 
‘‘(iv) Pasture land. 
‘‘(v) Nonindustrial private forest land. 
‘‘(vi) Other agricultural land (including cropped 
woodland, marshes, and agricultural land used for the 
production of livestock) on which resource concerns 
related to agricultural production could be addressed 
through a contract under the program, as determined 
by the Secretary. 
‘‘(2) NATIONAL
ORGANIC
PROGRAM.—The term ‘national 
organic program’ means the national organic program estab-
lished under the Organic Foods Production Act of 1990 (7 
U.S.C. 6501 et. seq.). 
‘‘(3) ORGANIC SYSTEM PLAN.—The term ‘organic system plan’ 
means an organic plan approved under the national organic 
program. 
‘‘(4) PAYMENT.—The term ‘payment’ means financial assist-
ance provided to a producer for performing practices under 
this chapter, including compensation for—
H. R. 2419—137 
‘‘(A) incurred costs associated with planning, design, 
materials, equipment, installation, labor, management, 
maintenance, or training; and 
‘‘(B) income forgone by the producer. 
‘‘(5) PRACTICE.—The term ‘practice’ means 1 or more 
improvements and conservation activities that are consistent 
with the purposes of the program under this chapter, as deter-
mined by the Secretary, including— 
‘‘(A) improvements to eligible land of the producer, 
including— 
‘‘(i) structural practices; 
‘‘(ii) land management practices; 
‘‘(iii) vegetative practices; 
‘‘(iv) forest management; and 
‘‘(v) other practices that the Secretary determines 
would further the purposes of the program; and 
‘‘(B) conservation activities involving the development 
of plans appropriate for the eligible land of the producer, 
including— 
‘‘(i) comprehensive nutrient management planning; 
and 
‘‘(ii) other plans that the Secretary determines 
would further the purposes of the program under this 
chapter. 
‘‘(6) PROGRAM.—The term ‘program’ means the environ-
mental quality incentives program established by this chapter.’’. 
SEC. 2503. ESTABLISHMENT AND ADMINISTRATION OF ENVIRON-
MENTAL QUALITY INCENTIVES PROGRAM. 
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 
3839aa–2) is amended to read as follows: 
‘‘SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION. 
‘‘(a) ESTABLISHMENT.—During each of the 2002 through 2012 
fiscal years, the Secretary shall provide payments to producers 
that enter into contracts with the Secretary under the program. 
‘‘(b) PRACTICES AND TERM.— 
‘‘(1) PRACTICES.—A contract under the program may apply 
to the performance of one or more practices. 
‘‘(2) TERM.—A contract under the program shall have a 
term that— 
‘‘(A) at a minimum, is equal to the period beginning 
on the date on which the contract is entered into and 
ending on the date that is one year after the date on 
which all practices under the contract have been imple-
mented; but 
‘‘(B) not to exceed 10 years. 
‘‘(c) BIDDING DOWN.—If the Secretary determines that the 
environmental values of two or more applications for payments 
are comparable, the Secretary shall not assign a higher priority 
to the application only because it would present the least cost 
to the program. 
‘‘(d) PAYMENTS.— 
‘‘(1) AVAILABILITY OF PAYMENTS.—Payments are provided 
to a producer to implement one or more practices under the 
program.
H. R. 2419—138 
‘‘(2) LIMITATION ON PAYMENT AMOUNTS.—A payment to a 
producer for performing a practice may not exceed, as deter-
mined by the Secretary— 
‘‘(A) 75 percent of the costs associated with planning, 
design, materials, equipment, installation, labor, manage-
ment, maintenance, or training; 
‘‘(B) 100 percent of income foregone by the producer; 
or 
‘‘(C) in the case of a practice consisting of elements 
covered under subparagraphs (A) and (B)— 
‘‘(i) 75 percent of the costs incurred for those ele-
ments covered under subparagraph (A); and 
‘‘(ii) 100 percent of income foregone for those ele-
ments covered under subparagraph (B). 
‘‘(3) SPECIAL
RULE
INVOLVING
PAYMENTS
FOR
FOREGONE 
INCOME.—In determining the amount and rate of payments 
under paragraph (2)(B), the Secretary may accord great signifi-
cance to a practice that, as determined by the Secretary, pro-
motes— 
‘‘(A) residue management; 
‘‘(B) nutrient management; 
‘‘(C) air quality management; 
‘‘(D) invasive species management; 
‘‘(E) pollinator habitat; 
‘‘(F) animal carcass management technology; or 
‘‘(G) pest management. 
‘‘(4) INCREASED PAYMENTS FOR CERTAIN PRODUCERS.— 
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2), in 
the case of a producer that is a limited resource, socially 
disadvantaged farmer or rancher or a beginning farmer 
or rancher, the Secretary shall increase the amount that 
would otherwise be provided to a producer under this sub-
section— 
‘‘(i) to not more than 90 percent of the costs associ-
ated with planning, design, materials, equipment, 
installation, labor, management, maintenance, or 
training; and 
‘‘(ii) to not less than 25 percent above the otherwise 
applicable rate. 
‘‘(B) ADVANCE PAYMENTS.—Not more than 30 percent 
of the amount determined under subparagraph (A) may 
be provided in advance for the purpose of purchasing mate-
rials or contracting. 
‘‘(5) FINANCIAL ASSISTANCE FROM OTHER SOURCES.—Except 
as provided in paragraph (6), any payments received by a 
producer from a State or private organization or person for 
the implementation of one or more practices on eligible land 
of the producer shall be in addition to the payments provided 
to the producer under this subsection. 
‘‘(6) OTHER PAYMENTS.—A producer shall not be eligible 
for payments for practices on eligible land under the program 
if the producer receives payments or other benefits for the 
same practice on the same land under another program under 
this subtitle. 
‘‘(e) MODIFICATION OR TERMINATION OF CONTRACTS.—
H. R. 2419—139 
‘‘(1) VOLUNTARY MODIFICATION OR TERMINATION.—The Sec-
retary may modify or terminate a contract entered into with 
a producer under the program if— 
‘‘(A) the producer agrees to the modification or termi-
nation; and 
‘‘(B) the Secretary determines that the modification 
or termination is in the public interest. 
‘‘(2) INVOLUNTARY
TERMINATION.—The Secretary may 
terminate a contract under the program if the Secretary deter-
mines that the producer violated the contract. 
‘‘(f) ALLOCATION OF FUNDING.—For each of fiscal years 2002 
through 2012, 60 percent of the funds made available for payments 
under the program shall be targeted at practices relating to live-
stock production. 
‘‘(g) FUNDING FOR FEDERALLY RECOGNIZED NATIVE AMERICAN 
INDIAN TRIBES AND ALASKA NATIVE CORPORATIONS.—The Secretary 
may enter into alternative funding arrangements with federally 
recognized Native American Indian Tribes and Alaska Native Cor-
porations (including their affiliated membership organizations) if 
the Secretary determines that the goals and objectives of the pro-
gram will be met by such arrangements, and that statutory limita-
tions regarding contracts with individual producers will not be 
exceeded by any Tribal or Native Corporation member. 
‘‘(h) WATER CONSERVATION OR IRRIGATION EFFICIENCY PRAC-
TICE.— 
‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary may pro-
vide payments under this subsection to a producer for a water 
conservation or irrigation practice. 
‘‘(2) PRIORITY.—In providing payments to a producer for 
a water conservation or irrigation practice, the Secretary shall 
give priority to applications in which— 
‘‘(A) consistent with the law of the State in which 
the eligible land of the producer is located, there is a 
reduction in water use in the operation of the producer; 
or 
‘‘(B) the producer agrees not to use any associated 
water savings to bring new land, other than incidental 
land needed for efficient operations, under irrigated produc-
tion, unless the producer is participating in a watershed- 
wide project that will effectively conserve water, as deter-
mined by the Secretary. 
‘‘(i) PAYMENTS
FOR CONSERVATION PRACTICES RELATED
TO 
ORGANIC PRODUCTION.— 
‘‘(1) PAYMENTS AUTHORIZED.—The Secretary shall provide 
payments under this subsection for conservation practices, on 
some or all of the operations of a producer, related— 
‘‘(A) to organic production; and 
‘‘(B) to the transition to organic production. 
‘‘(2) ELIGIBILITY
REQUIREMENTS.—As a condition for 
receiving payments under this subsection, a producer shall 
agree— 
‘‘(A) to develop and carry out an organic system plan; 
or 
‘‘(B) to develop and implement conservation practices 
for certified organic production that are consistent with 
an organic system plan and the purposes of this chapter.
H. R. 2419—140 
‘‘(3) PAYMENT
LIMITATIONS.—Payments under this sub-
section to a person or legal entity, directly or indirectly, may 
not exceed, in the aggregate, $20,000 per year or $80,000 during 
any 6-year period. In applying these limitations, the Secretary 
shall not take into account payments received for technical 
assistance. 
‘‘(4) EXCLUSION
OF
CERTAIN
ORGANIC
CERTIFICATION 
COSTS.—Payments may not be made under this subsection to 
cover the costs associated with organic certification that are 
eligible for cost-share payments under section 10606 of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
6523). 
‘‘(5) TERMINATION
OF
CONTRACTS.—The Secretary may 
cancel or otherwise nullify a contract to provide payments 
under this subsection if the Secretary determines that the 
producer— 
‘‘(A) is not pursuing organic certification; or 
‘‘(B) is not in compliance with the Organic Foods 
Production Act of 1990 (7 U.S.C. 6501 et seq).’’. 
SEC. 2504. EVALUATION OF APPLICATIONS. 
Section 1240C of the Food Security Act of 1985 (16 U.S.C. 
3839aa–3) is amended to read as follows: 
‘‘SEC. 1240C. EVALUATION OF APPLICATIONS. 
‘‘(a) EVALUATION CRITERIA.—The Secretary shall develop cri-
teria for evaluating applications that will ensure that national, 
State, and local conservation priorities are effectively addressed. 
‘‘(b) PRIORITIZATION OF APPLICATIONS.—In evaluating applica-
tions under this chapter, the Secretary shall prioritize applica-
tions— 
‘‘(1) based on their overall level of cost-effectiveness to 
ensure that the conservation practices and approaches proposed 
are the most efficient means of achieving the anticipated 
environmental benefits of the project; 
‘‘(2) based on how effectively and comprehensively the 
project addresses the designated resource concern or resource 
concerns; 
‘‘(3) that best fulfill the purpose of the environmental 
quality incentives program specified in section 1240(1); and 
‘‘(4) that improve conservation practices or systems in place 
on the operation at the time the contract offer is accepted 
or that will complete a conservation system. 
‘‘(c) GROUPING OF APPLICATIONS.—To the greatest extent prac-
ticable, the Secretary shall group applications of similar crop or 
livestock operations for evaluation purposes or otherwise evaluate 
applications relative to other applications for similar farming oper-
ations.’’. 
SEC. 2505. DUTIES OF PRODUCERS UNDER ENVIRONMENTAL QUALITY 
INCENTIVES PROGRAM. 
Section 1240D of the Food Security Act of 1985 (16 U.S.C. 
3839aa–4) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘tech-
nical assistance, cost-share payments, or incentive’’; 
(2) in paragraph (2), by striking ‘‘farm or ranch’’ and 
inserting ‘‘farm, ranch, or forest land’’; and
H. R. 2419—141 
(3) in paragraph (4), by striking ‘‘cost-share payments and 
incentive’’. 
SEC. 2506. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN. 
(a) PLAN OF OPERATIONS.—Section 1240E(a) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3839aa–5(a)) is amended— 
(1) in the subsection heading, by striking ‘‘IN GENERAL’’ 
and inserting ‘‘PLAN OF OPERATIONS’’; 
(2) in matter preceding paragraph (1), by striking ‘‘cost- 
share payments or incentive’’; 
(3) in paragraph (2), by striking ‘‘and’’ after the semicolon 
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 new paragraph: 
‘‘(4) in the case of forest land, is consistent with the provi-
sions of a forest management plan that is approved by the 
Secretary, which may include— 
‘‘(A) a forest stewardship plan described in section 
5 of the Cooperative Forestry Assistance Act of 1978 (16 
U.S.C. 2103a); 
‘‘(B) another practice plan approved by the State for-
ester; or 
‘‘(C) another plan determined appropriate by the Sec-
retary.’’. 
(b) AVOIDANCE
OF DUPLICATION.—Subsection (b) of section 
1240E of the Food Security Act of 1985 (16 U.S.C. 3839aa–5) 
is amended to read as follows: 
‘‘(b) AVOIDANCE OF DUPLICATION.—The Secretary shall— 
‘‘(1) consider a plan developed in order to acquire a permit 
under a water or air quality regulatory program as the equiva-
lent of a plan of operations under subsection (a), if the plan 
contains elements equivalent to those elements required by 
a plan of operations; and 
‘‘(2) to the maximum extent practicable, eliminate duplica-
tion of planning activities under the program under this chapter 
and comparable conservation programs.’’. 
SEC. 2507. DUTIES OF THE SECRETARY. 
Section 1240F(1) of the Food Security Act of 1985 (16 U.S.C. 
3839aa–6(1)) is amended by striking ‘‘cost-share payments or incen-
tive’’. 
SEC. 2508. LIMITATION ON ENVIRONMENTAL QUALITY INCENTIVES 
PROGRAM PAYMENTS. 
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 
3839aa–7) is amended— 
(1) by striking ‘‘An individual or entity’’ and inserting ‘‘(a) 
LIMITATION.—Subject to subsection (b), a person or legal 
entity’’; 
(2) by striking ‘‘$450,000’’ and inserting ‘‘$300,000’’; 
(3) by striking ‘‘the individual’’ both places it appears and 
inserting ‘‘the person’’; and 
(4) by adding at the end the following new subsection: 
‘‘(b) WAIVER AUTHORITY.—In the case of contracts under this 
chapter for projects of special environmental significance (including 
projects involving methane digesters), as determined by the Sec-
retary, the Secretary may—
H. R. 2419—142 
‘‘(1) waive the limitation otherwise applicable under sub-
section (a); and 
‘‘(2) raise the limitation to not more than $450,000 during 
any six-year period.’’. 
SEC. 2509. CONSERVATION INNOVATION GRANTS AND PAYMENTS. 
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 
3839aa–8) is amended to read as follows: 
‘‘SEC. 1240H. CONSERVATION INNOVATION GRANTS AND PAYMENTS. 
‘‘(a) COMPETITIVE
GRANTS
FOR
INNOVATIVE
CONSERVATION 
APPROACHES.— 
‘‘(1) GRANTS.—Out of the funds made available to carry 
out this chapter, the Secretary may pay the cost of competitive 
grants that are intended to stimulate innovative approaches 
to leveraging the Federal investment in environmental enhance-
ment and protection, in conjunction with agricultural produc-
tion or forest resource management, through the program. 
‘‘(2) USE.—The Secretary may provide grants under this 
subsection to governmental and non-governmental organiza-
tions and persons, on a competitive basis, to carry out projects 
that— 
‘‘(A) involve producers who are eligible for payments 
or technical assistance under the program; 
‘‘(B) leverage Federal funds made available to carry 
out the program under this chapter with matching funds 
provided by State and local governments and private 
organizations to promote environmental enhancement and 
protection in conjunction with agricultural production; 
‘‘(C) ensure efficient and effective transfer of innovative 
technologies and approaches demonstrated through projects 
that receive funding under this section, such as market 
systems for pollution reduction and practices for the storage 
of carbon in soil; and 
‘‘(D) provide environmental and resource conservation 
benefits through increased participation by producers of 
specialty crops. 
‘‘(b) AIR
QUALITY
CONCERNS
FROM
AGRICULTURAL
OPER-
ATIONS.— 
‘‘(1) IMPLEMENTATION
ASSISTANCE.—The Secretary shall 
provide payments under this subsection to producers to imple-
ment practices to address air quality concerns from agricultural 
operations and to meet Federal, State, and local regulatory 
requirements. The funds shall be made available on the basis 
of air quality concerns in a State and shall be used to provide 
payments to producers that are cost effective and reflect innova-
tive technologies. 
‘‘(2) FUNDING.—Of the funds made available to carry out 
this chapter, the Secretary shall carry out this subsection using 
$37,500,000 for each of fiscal years 2009 through 2012.’’. 
SEC. 2510. AGRICULTURAL WATER ENHANCEMENT PROGRAM. 
Section 1240I of the Food Security Act of 1985 (16 U.S.C. 
3839aa–9) is amended to read as follows: 
‘‘SEC. 1240I. AGRICULTURAL WATER ENHANCEMENT PROGRAM. 
‘‘(a) DEFINITIONS.—In this section:
H. R. 2419—143 
‘‘(1) AGRICULTURAL WATER ENHANCEMENT ACTIVITY.—The 
term ‘agricultural water enhancement activity’ includes the 
following activities carried out with respect to agricultural land: 
‘‘(A) Water quality or water conservation plan develop-
ment, including resource condition assessment and mod-
eling. 
‘‘(B) Water conservation restoration or enhancement 
projects, including conversion to the production of less 
water-intensive 
agricultural 
commodities 
or 
dryland 
farming. 
‘‘(C) Water quality or quantity restoration or enhance-
ment projects. 
‘‘(D) Irrigation system improvement and irrigation effi-
ciency enhancement. 
‘‘(E) Activities designed to mitigate the effects of 
drought. 
‘‘(F) Related activities that the Secretary determines 
will help achieve water quality or water conservation bene-
fits on agricultural land. 
‘‘(2) PARTNER.—The term ‘partner’ means an entity that 
enters into a partnership agreement with the Secretary to 
carry out agricultural water enhancement activities on a 
regional basis, including— 
‘‘(A) an agricultural or silvicultural producer associa-
tion or other group of such producers; 
‘‘(B) a State or unit of local government; or 
‘‘(C) a federally recognized Indian tribe. 
‘‘(3) PARTNERSHIP
AGREEMENT.—The term ‘partnership 
agreement’ means an agreement between the Secretary and 
a partner. 
‘‘(4) PROGRAM.—The term ‘program’ means the agricultural 
water enhancement program established under subsection (b). 
‘‘(b) ESTABLISHMENT OF PROGRAM.—Beginning in fiscal year 
2009, the Secretary shall carry out, in accordance with this section 
and using such procedures as the Secretary determines to be appro-
priate, an agricultural water enhancement program as part of the 
environmental quality incentives program to promote ground and 
surface water conservation and improve water quality on agricul-
tural lands— 
‘‘(1) by entering into contracts with, and making payments 
to, producers to carry out agricultural water enhancement 
activities; or 
‘‘(2) by entering into partnership agreements with partners, 
in accordance with subsection (c), on a regional level to benefit 
working agricultural land. 
‘‘(c) PARTNERSHIP AGREEMENTS.— 
‘‘(1) AGREEMENTS AUTHORIZED.—The Secretary may enter 
into partnership agreements to meet the objectives of the pro-
gram described in subsection (b). 
‘‘(2) APPLICATIONS.—An application to the Secretary to 
enter into a partnership agreement under paragraph (1) shall 
include the following: 
‘‘(A) A description of the geographical area to be cov-
ered by the partnership agreement. 
‘‘(B) A description of the agricultural water quality 
or water conservation issues to be addressed by the partner-
ship agreement.
H. R. 2419—144 
‘‘(C) A description of the agricultural water enhance-
ment objectives to be achieved through the partnership. 
‘‘(D) A description of the partners collaborating to 
achieve the project objectives and the roles, responsibilities, 
and capabilities of each partner. 
‘‘(E) A description of the program resources, including 
payments the Secretary is requested to make. 
‘‘(F) Such other such elements as the Secretary con-
siders necessary to adequately evaluate and competitively 
select applications for partnership agreements. 
‘‘(3) DUTIES OF PARTNERS.—A partner under a partnership 
agreement shall— 
‘‘(A) identify producers participating in the project and 
act on their behalf in applying for the program; 
‘‘(B) leverage funds provided by the Secretary with 
additional funds to help achieve project objectives; 
‘‘(C) conduct monitoring and evaluation of project 
effects; and 
‘‘(D) at the conclusion of the project, report to the 
Secretary on project results. 
‘‘(d) AGRICULTURAL WATER ENHANCEMENT ACTIVITIES BY PRO-
DUCERS.—The Secretary shall select agricultural water enhance-
ment activities proposed by producers according to applicable 
requirements under the environmental quality incentives program. 
‘‘(e) AGRICULTURAL WATER ENHANCEMENT ACTIVITIES BY PART-
NERS.— 
‘‘(1) COMPETITIVE PROCESS.—The Secretary shall conduct 
a competitive process to select partners. In carrying out the 
process, the Secretary shall make public the criteria used in 
evaluating applications. 
‘‘(2) AUTHORITY TO GIVE PRIORITY TO CERTAIN PROPOSALS.— 
The Secretary may give a higher priority to proposals from 
partners that— 
‘‘(A) include high percentages of agricultural land and 
producers in a region or other appropriate area; 
‘‘(B) result in high levels of applied agricultural water 
quality and water conservation activities; 
‘‘(C) significantly enhance agricultural activity; 
‘‘(D) allow for monitoring and evaluation; and 
‘‘(E) assist producers in meeting a regulatory require-
ment that reduces the economic scope of the producer’s 
operation. 
‘‘(3) PRIORITY
TO
PROPOSALS
FROM
STATES
WITH
WATER 
QUANTITY CONCERNS.—The Secretary shall give a higher pri-
ority to proposals from partners that— 
‘‘(A) include the conversion of agricultural land from 
irrigated farming to dryland farming; 
‘‘(B) leverage Federal funds provided under the pro-
gram with funds provided by partners; and 
‘‘(C) assist producers in States with water quantity 
concerns, as determined by the Secretary. 
‘‘(4) ADMINISTRATION.—In carrying out this subsection, the 
Secretary shall— 
‘‘(A) accept qualified applications— 
‘‘(i) directly from partners applying on behalf of 
producers; or
H. R. 2419—145 
‘‘(ii) from producers applying through a partner 
as part of a regional agricultural water enhancement 
project; and 
‘‘(B) ensure that resources made available for regional 
agricultural water enhancement activities are delivered in 
accordance with applicable program rules. 
‘‘(f) AREAS EXPERIENCING EXCEPTIONAL DROUGHT.—Notwith-
standing the purposes described in section 1240, the Secretary 
shall consider as an eligible agricultural water enhancement activity 
the use of a water impoundment to capture surface water runoff 
on agricultural land if the agricultural water enhancement 
activity— 
‘‘(1) is located in an area that is experiencing or has experi-
enced exceptional drought conditions during the previous two 
calendar years; and 
‘‘(2) will capture surface water runoff through the construc-
tion, improvement, or maintenance of irrigation ponds or small, 
on-farm reservoirs. 
‘‘(g) WAIVER AUTHORITY.—To assist in the implementation of 
agricultural water enhancement activities under the program, the 
Secretary shall waive the applicability of the limitation in section 
1001D(b)(2)(B) of this Act for participating producers if the Sec-
retary determines that the waiver is necessary to fulfill the objec-
tives of the program. 
‘‘(h) PAYMENTS UNDER PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall provide appropriate 
payments to producers participating in agricultural water 
enhancement activities in an amount determined by the sec-
retary to be necessary to achieve the purposes of the program 
described in subsection (b). 
‘‘(2) PAYMENTS
TO
PRODUCERS
IN
STATES
WITH
WATER 
QUANTITY CONCERNS.—The Secretary shall provide payments 
for a period of five years to producers participating in agricul-
tural water enhancement activities under proposals described 
in subsection (e)(3) in an amount sufficient to encourage pro-
ducers to convert from irrigated farming to dryland farming. 
‘‘(i) CONSISTENCY WITH STATE LAW.—Any agricultural water 
enhancement activity conducted under the program shall be con-
ducted in a manner consistent with State water law. 
‘‘(j) FUNDING.— 
‘‘(1) AVAILABILITY OF FUNDS.—In addition to funds made 
available to carry out this chapter under section 1241(a), the 
Secretary shall carry out the program using, of the funds of 
the Commodity Credit Corporation— 
‘‘(A) $73,000,000 for each of fiscal years 2009 and 2010; 
‘‘(B) $74,000,000 for fiscal year 2011; and 
‘‘(C) $60,000,000 for fiscal year 2012 and each fiscal 
year thereafter. 
‘‘(2) LIMITATION ON ADMINISTRATIVE EXPENSES.—None of 
the funds made available for regional agricultural water con-
servation activities under the program may be used to pay 
for the administrative expenses of partners.’’.
H. R. 2419—146 
Subtitle G—Other Conservation Programs 
of the Food Security Act of 1985 
SEC. 2601. 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 inserting ‘‘2012’’. 
SEC. 2602. WILDLIFE HABITAT INCENTIVE PROGRAM. 
(a) ELIGIBILITY.—Section 1240N of the Food Security Act of 
1985 (16 U.S.C. 3839bb–1) is amended— 
(1) in subsection (a), by inserting before the period at 
the end the following: ‘‘for the development of wildlife habitat 
on private agricultural land, nonindustrial private forest land, 
and tribal lands’’. 
(2) in subsection (b)(1), by striking ‘‘landowners’’ and 
inserting ‘‘owners of lands referred to in subsection (a)’’. 
(b) INCLUSION OF PIVOT CORNERS AND IRREGULAR AREAS.— 
Section 1240N(b)(1)(E) of the Food Security Act of 1985 (16 U.S.C. 
3839bb–1(b)(1)(E)) is amended by inserting before the period at 
the end the following: ‘‘, including habitat developed on pivot corners 
and irregular areas’’. 
(c) COST
SHARE
FOR
LONG-TERM
AGREEMENTS.—Section 
1240N(b)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839bb– 
1(b)(2)(B)) is amended by striking ‘‘15 percent’’ and inserting ‘‘25 
percent’’. 
(d) PRIORITY FOR CERTAIN CONSERVATION INITIATIVES; PAYMENT 
LIMITATION.—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 subsections: 
‘‘(d) PRIORITY FOR CERTAIN CONSERVATION INITIATIVES.—In car-
rying out this section, the Secretary may give priority to projects 
that would address issues raised by State, regional, and national 
conservation initiatives. 
‘‘(e) PAYMENT LIMITATION.—Payments made to a person or legal 
entity, directly or indirectly, under the program may not exceed, 
in the aggregate, $50,000 per year.’’. 
SEC. 2603. GRASSROOTS SOURCE WATER PROTECTION PROGRAM. 
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’’. 
SEC. 2604. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND 
SEDIMENT CONTROL. 
Section 1240P of the Food Security Act of 1985 (16 U.S.C. 
3839bb–3) is amended to read as follows: 
‘‘SEC. 1240P. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND 
SEDIMENT CONTROL. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may carry out the 
Great Lakes basin program for soil erosion and sediment control 
(referred to in this section as the ‘program’), including providing 
assistance to implement the recommendations of the Great Lakes 
Regional Collaboration Strategy to Restore and Protect the Great 
Lakes.
H. R. 2419—147 
‘‘(b) CONSULTATION
AND COOPERATION.—The Secretary shall 
carry out the program in consultation with the Great Lakes 
Commission created by Article IV of the Great Lakes Basin Compact 
(82 Stat. 415) and in cooperation with the Administrator of the 
Environmental Protection Agency and the Secretary of the Army. 
‘‘(c) ASSISTANCE.—In carrying out the program, the Secretary 
may— 
‘‘(1) provide project demonstration grants, provide technical 
assistance, and carry out information and educational programs 
to improve water quality in the Great Lakes basin by reducing 
soil erosion and improving sediment control; and 
‘‘(2) establish a priority for projects and activities that— 
‘‘(A) directly reduce soil erosion or improve sediment 
control; 
‘‘(B) reduce soil loss in degraded rural watersheds; 
or 
‘‘(C) improve water quality for downstream watersheds. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to carry out the program 
$5,000,000 for each of fiscal years 2008 through 2012.’’. 
SEC. 2605. CHESAPEAKE BAY WATERSHED PROGRAM. 
Chapter 5 of subtitle D of title XII of the Food Security Act 
of 1985 is amended by inserting after section 1240P (16 U.S.C. 
3839bb–3) the following new section: 
‘‘SEC. 1240Q. CHESAPEAKE BAY WATERSHED. 
‘‘(a) CHESAPEAKE BAY WATERSHED DEFINED.—In this section, 
the term ‘Chesapeake Bay watershed’ means all tributaries, back-
waters, and side channels, including their watersheds, draining 
into the Chesapeake Bay. 
‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall assist 
producers in implementing conservation activities on agricultural 
lands in the Chesapeake Bay watershed for the purposes of— 
‘‘(1) improving water quality and quantity in the Chesa-
peake Bay watershed; and 
‘‘(2) restoring, enhancing, and preserving soil, air, and 
related resources in the Chesapeake Bay watershed. 
‘‘(c) CONSERVATION ACTIVITIES.—The Secretary shall deliver the 
funds made available to carry out this section through applicable 
programs under this subtitle to assist producers in enhancing land 
and water resources— 
‘‘(1) by controlling erosion and reducing sediment and 
nutrient levels in ground and surface water; and 
‘‘(2) by planning, designing, implementing, and evaluating 
habitat conservation, restoration, and enhancement measures 
where there is significant ecological value if the lands are— 
‘‘(A) retained in their current use; or 
‘‘(B) restored to their natural condition. 
‘‘(d) AGREEMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) enter into agreements with producers to carry 
out the purposes of this section; and 
‘‘(B) use the funds made available to carry out this 
section to cover the costs of the program involved with 
each agreement. 
‘‘(2) SPECIAL
CONSIDERATIONS.—In entering into agree-
ments under this subsection, the Secretary shall give special
H. R. 2419—148 
consideration to, and begin evaluating, applications with pro-
ducers in the following river basins: 
‘‘(A) The Susquehanna River. 
‘‘(B) The Shenandoah River. 
‘‘(C) The Potomac River (including North and South 
Potomac). 
‘‘(D) The Patuxent River. 
‘‘(e) DUTIES OF THE SECRETARY.—In carrying out the purposes 
in this section, the Secretary shall— 
‘‘(1) where available, use existing plans, models, and assess-
ments to assist producers in implementing conservation activi-
ties; and 
‘‘(2) proceed expeditiously with the implementation of any 
agreement with a producer that is consistent with State strate-
gies for the restoration of the Chesapeake Bay watershed. 
‘‘(f) CONSULTATION.—The Secretary, in consultation with appro-
priate Federal agencies, shall ensure conservation activities carried 
out under this section complement Federal and State programs, 
including programs that address water quality, in the Chesapeake 
Bay watershed. 
‘‘(g) SENSE OF CONGRESS REGARDING CHESAPEAKE BAY EXECU-
TIVE COUNCIL.—It is the sense of Congress that the Secretary 
should be a member of the Chesapeake Bay Executive Council, 
and is authorized to do so under section 1(3) of the Soil Conservation 
and Domestic Allotment Act (16 U.S.C. 590a(3)). 
‘‘(h) FUNDING.— 
‘‘(1) AVAILABILITY.—Of the funds of the Commodity Credit 
Corporation, the Secretary shall use, to the maximum extent 
practicable— 
‘‘(A) $23,000,000 for fiscal year 2009; 
‘‘(B) $43,000,000 for fiscal year 2010; 
‘‘(C) $72,000,000 for fiscal year 2011; and 
‘‘(D) $50,000,000 for fiscal year 2012. 
‘‘(2) DURATION
OF
AVAILABILITY.—Funds made available 
under paragraph (1) shall remain available until expended.’’ 
SEC. 2606. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PRO-
GRAM. 
Chapter 5 of subtitle D of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3839bb et seq.) is amended by inserting after 
section 1240Q, as added by section 2605, the following new section: 
‘‘SEC. 1240R. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a voluntary 
public access program under which States and tribal governments 
may apply for grants to encourage owners and operators of pri-
vately-held farm, ranch, and forest land to voluntarily make that 
land available for access by the public for wildlife-dependent recre-
ation, including hunting or fishing under programs administered 
by the States and tribal governments. 
‘‘(b) APPLICATIONS.—In submitting applications for a grant 
under the program, a State or tribal government shall describe— 
‘‘(1) the benefits that the State or tribal government intends 
to achieve by encouraging public access to private farm and 
ranch land for— 
‘‘(A) hunting and fishing; and