the law of any State with respect to trade practices 
in agriculture. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—This Act annuls, al-
ters, or affects, or exempts a person from, a 
State law referred to in paragraph (1) to the 
extent the State law is inconsistent with this 
Act. 
‘‘(B) INCONSISTENCY.—For the purposes 
of this paragraph, a State law is not incon-
sistent with this Act if the protection that the 
law affords any producer is greater than the 
protection provided to a producer by this Act. 
‘‘(b) STATE COURTS.—This Act does not deprive a 
State court of jurisdiction under a State law dealing with 
the same subject as this Act. 
‘‘(c) RELATIONSHIP TO OTHER LAWS.—The Packers 
and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) and the 
Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 
499a et seq.) shall control if there is a conflict between 
those Acts and section 206. 
‘‘SEC. 208. ASSIGNMENT OF ASSOCIATION DUES AND FEES. 
‘‘(a) IN GENERAL.—A producer of an agricultural 
commodity or service may execute, as a clause in a produc-
tion contract or a marketing contract, an assignment of 
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dues or fees to, or the deduction of a sum to be retained 
by, an association of producers authorized by contract to 
represent the producer, under which assignment a covered 
person shall— 
‘‘(1) deduct a portion of the amount to be paid 
for products or services of the producer under a pro-
duction contract or a marketing contract; and 
‘‘(2) pay, on behalf of the producer, the portion 
over to the association as dues or fees or a sum to 
be retained by the association. 
‘‘(b) DUTY OF COVERED PERSON.—After a covered 
person receives notice from a producer of an assignment 
under subsection (a), the covered person shall— 
‘‘(1) deduct the amount authorized by the as-
signment from the amount paid for any agricultural 
commodity sold by the producer or for any service 
rendered under any production contract or mar-
keting contract; and 
‘‘(2) on payment to producers for the product 
or service, pay the amount over to the association or 
the assignee of the association. 
‘‘SEC. 209. SEVERABILITY. 
‘‘If any provision of this Act or application of any 
provision of this Act is held invalid, the remainder of this 
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Act and the application of the provision to other persons 
and circumstances shall not be affected by the invalidity.’’. 
SEC. 432. APPLICATION. 
The amendment made by section 101 applies to any 
contract entered into on or after the date of enactment 
of this Act. 
TITLE V—CONSERVATION 
SEC. 501. CONSERVATION ACCESS INITIATIVE TO ENCOUR-
AGE GREATER PARTICIPATION BY SOCIALLY 
DISADVANTAGED FARMERS AND RANCHERS 
IN CONSERVATION PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) SOCIALLY
DISADVANTAGED
GROUP.—The 
term ‘‘socially disadvantaged group’’ means a group 
of persons whose members have been subjected to 
racial or ethnic prejudice because of their identity as 
members of a group without regard to their indi-
vidual qualities. 
(2) SOCIALLY
DISADVANTAGED
FARMER
OR 
RANCHER.—The term ‘‘socially disadvantaged farm-
er or rancher’’ means a farmer or rancher who is a 
member of a socially disadvantaged group. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
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(A) Any community-based organization, 
network, or coalition of community-based orga-
nizations that— 
(i) has demonstrated experience in 
providing agricultural education or other 
agriculturally related services to socially 
disadvantaged farmers or ranchers; 
(ii) has provided to the Secretary of 
Agriculture documentary evidence of work 
with socially disadvantaged farmers or 
ranchers for not less than a five-year pe-
riod preceding the submission of an appli-
cation for assistance under this section; 
and 
(iii) does not engage in activities pro-
hibited under section 501(c)(3) of the In-
ternal Revenue Code of 1986. 
(B) An Indian tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) or a 
national tribal organization that has dem-
onstrated experience in providing agriculture 
education or other agriculturally related serv-
ices to socially disadvantaged farmers or ranch-
ers in a region. 
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(C) An 1890 institution or 1994 institu-
tion (as defined in section 2 of the Agricultural 
Research, Extension, and Education Reform 
Act of 1998 (7 U.S.C. 7601)), including West 
Virginia State College. 
(D) An Indian tribal community college or 
an Alaska Native cooperative college. 
(E) An Hispanic-serving institution (as de-
fined in section 1404 of the National Agricul-
tural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3103)). 
(F) Any other institution of higher edu-
cation (as defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001)) that 
has demonstrated experience in providing agri-
culture education or other agriculturally related 
services to socially disadvantaged farmers or 
ranchers in a region. 
(b) INITIATIVE.—With respect to all programs au-
thorized or amended by this title, the Secretary of Agri-
culture shall establish a conservation initiative for socially 
disadvantaged farmers or ranchers. With respect to such 
programs that serve an Indian tribe, the Secretary shall 
be required to pay the costs of office space to carry out 
conservation functions authorized under this section. 
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(c) SPECIAL RULE FOR COST-SHARE PAYMENTS.— 
Notwithstanding the actual cost sharing requirements im-
posed by a program authorized or amended by this title, 
the Secretary of Agriculture may pay up to 100 percent 
of the costs incurred by a socially disadvantaged farmer 
or rancher to participate in the program. 
(d) OUTREACH AND ASSISTANCE.—The Secretary of 
Agriculture shall carry out an outreach and technical as-
sistance program to encourage and assist socially dis-
advantaged farmers or ranchers to participate equitably 
in the full range of agricultural programs authorized or 
amended by this title. 
(e) GRANTS AND CONTRACTS.—The Secretary of Ag-
riculture may make grants to, and enter into contracts 
and other agreements with, an eligible entity to provide 
information and technical assistance to socially disadvan-
taged farmers or ranchers so that they can participate eq-
uitably in the full range of agricultural programs author-
ized or amended by this title. 
(f) RELATIONSHIP TO OTHER LAW.—The authority 
to carry out this section shall be in addition to any other 
authority provided in this or any other Act. 
(g) FUNDING.—The Secretary of Agriculture may re-
serve up to 10 percent of the funds provided for a fiscal 
year for financial assistance under the conservation pro-
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grams under subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3830 et seq.) to carry out this 
section. 
SEC. 502. OTHER DIVERSITY PROVISIONS. 
Each conservation program would be amended in 
order to accomplish the following: 
(1) Increase funding and expand opportunities 
in the NRCS Small Farm Initiative for socially dis-
advantaged farmers and ranchers. 
(2) Global cost share across programs should be 
established at or above 95 percent for socially dis-
advantaged farmers and ranchers, and provisions 
should be adopted to allow up-front payments to 
these farmers. 
(3) Catch up provisions including percentage 
set asides should be provided to fill in gaps in sup-
port for socially disadvantaged farmers and ranchers 
should be included to provide assistance in key areas 
such as irrigation. 
SEC. 503. CONSERVATION RESERVE PROGRAM. 
(a) EXTENSION.— 
(1) FUNDING EXTENSION.—Section 1241(a) of 
the Food Security Act of 1985 (16 U.S.C. 3841(a)) 
is amended— 
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(A) in the matter preceding paragraph (1), 
by striking ‘‘2007’’ and inserting ‘‘2013’’; and 
(B) in paragraph (1), by striking ‘‘The’’ 
and inserting ‘‘For each of fiscal years 2002 
through 2013, the’’. 
(2) CONFORMING AMENDMENTS.—Section 1231 
of such Act (16 U.S.C. 3831) is amended— 
(A) in subsection (a), by striking ‘‘2007’’ 
and inserting ‘‘2013’’; 
(B) in subsection (d), by striking ‘‘2007’’ 
and inserting ‘‘2013’’; 
(C) in subsection (e)(3), by striking 
‘‘2002’’ and inserting ‘‘2008’’; and 
(D) in subsection (h)(1), by striking 
‘‘2007’’ and inserting ‘‘2013’’. 
(b) ELIGIBLE LAND.—Section 1231(b) of such Act 
(16 U.S.C. 3831(b)) is amended— 
(1) by striking the period at the end of para-
graph (1) and inserting a semicolon; 
(2) by striking ‘‘or’’ at the end of paragraph 
(4)(C); 
(3) by striking the period at the end of para-
graph (5) and inserting ‘‘; or’’; and 
(4) by adding at the end the following new 
paragraphs: 
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‘‘(6) marginal pasture land or hay land that is 
otherwise ineligible, if the land is to be devoted to 
native vegetation appropriate to the locale and— 
‘‘(A) will provide suitable habitat for State 
or federally listed threatened or endangered 
species or species determined by the Secretary 
of the Interior to be species of concern; or 
‘‘(B) will contribute to the restoration of 
an endangered ecosystem or rare and declining 
forest ecosystem, as defined by the Secretary.’’. 
(c) ENROLLMENT GOALS.—Section 1231(d) of such 
Act (16 U.S.C. 3831(d)) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting: 
‘‘(1) ACREAGE AUTHORIZED.—The Secretary’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) ENROLLMENT GOALS.—For the period be-
ginning on the date of the enactment of this para-
graph and ending on December 31, 2013, the Sec-
retary shall establish a goal— 
‘‘(A) to enroll not less than 7,000,000 
acres of eligible land, including land to be de-
voted to the restoration of rare and declining 
forests, through the continuous enrollment pro-
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gram and the conservation reserve enhancement 
program; and 
‘‘(B) to maintain enrollment of at least 
7,800,000 acres in the Prairie Pothole Region 
National Conservation Priority Area.’’. 
(d) CONTRACTS TO RESTORE RARE AND DECLINING 
FORESTS.—(d) Section 1231(e)(2) of such Act (16 U.S.C. 
3831(e)(2)) is amended by adding at the end the following 
new subparagraph: 
‘‘(C) RARE AND DECLINING FORESTS.—In 
the case of land to be devoted to the restoration 
of rare and declining forest ecosystems, as de-
termined by the Secretary, the Secretary may 
enter into contracts of more than 15 years.’’. 
(e) BALANCE OF NATURAL RESOURCE PURPOSES.— 
Section 1231(j) of such Act (16 U.S.C. 3831(j)) is amend-
ed— 
(1) by striking ‘‘In determining’’ and inserting 
the following: 
‘‘(1) EQUITABLE BALANCE OF CONSERVATION 
PURPOSES.—In determining’’; 
(2) by striking the period at the end and insert-
ing ‘‘, but need not balance all conservation purposes 
with respect to each particular contract offer.’’; and 
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(3) by adding at the end the following new 
paragraph: 
‘‘(2) WILDLIFE.—In considering the extent to 
which a contract offer will achieve the conservation 
purposes of the program related to wildlife habitat, 
the Secretary shall consider the extent to which the 
contract offer will contribute to increased popu-
lations of wildlife, including waterfowl, nongame 
grassland birds and neotropical migrants, and assist 
in the recovery of at-risk species.’’. 
(f) DUTIES OF PARTICIPANTS.—Section 1232(a) of 
such Act (16 U.S.C. 3832(a)) is amended— 
(1) in paragraph (4)— 
(A) by redesignating subparagraphs (A) 
and (B) as subparagraphs (B) and (C), respec-
tively; and 
(B) by inserting before subparagraph (B), 
as so redesignated, the following new subpara-
graph: 
‘‘(A) approved vegetative cover shall not 
include vegetative cover inappropriate to the lo-
cale;’’; 
(2) by redesignating paragraphs (5) through 
(10) as paragraphs (6) through (11), respectively; 
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(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) to undertake appropriate management ac-
tivities on the land as needed throughout the term 
of the contract to achieve the purposes of the con-
servation reserve program;’’; and 
(4) in subparagraph (A)(i)(II) of paragraph (8), 
as so redesignated, by inserting after ‘‘may be con-
ducted’’ the following: ‘‘, taking into account grass-
land types and species, location, weather conditions, 
and other factors that determine to what extent har-
vesting and grazing activities will advance the con-
servation purposes of the program’’. 
(g) CONSERVATION PLAN.—Section 1232(b)(1) of 
such Act (16 U.S.C. 3832(b)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘; and’’ 
and inserting ‘‘, including appropriate management 
activities required by subsection (a)(5);’’ and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) criteria for conducting any commer-
cial use to be permitted, including criteria for 
managed harvesting and grazing specifying fre-
quency, timing, number of animal units, per-
centage of field, and other criteria to ensure 
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that managed harvesting and grazing advances 
the conservation purposes of the program; 
and’’. 
(h) COST-SHARE AND MANAGEMENT ASSISTANCE.— 
Section 1234(b) of such Act (16 U.S.C. 3834(b)) is 
amended— 
(1) in paragraph (1), by inserting before the pe-
riod at the end the following: ‘‘, except that the Sec-
retary shall pay 75 percent of the cost of estab-
lishing bottomland hardwood trees and longleaf 
pine’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) MANAGEMENT
COSTS.—The Secretary 
shall pay 75 percent of the cost of management ac-
tivities, including the use of prescribed fire, control 
of invasive species, and native understory restoration 
on land devoted to trees, that are required under a 
contract entered into under this subchapter, subject 
to such limits as the Secretary may establish.’’. 
(i) ACCEPTANCE OF CONTRACT OFFERS.—Section 
1234(c)(3) of such Act (16 U.S.C. 3834(c)(3)) is amend-
ed— 
(1) by striking ‘‘In determining’’ and inserting 
the following: 
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‘‘(A) MAXIMIZING ENVIRONMENTAL BENE-
FITS.—In determining’’; 
(2) by striking ‘‘may’’ and all that follows 
through ‘‘take into consideration’’ and inserting 
‘‘shall take into consideration’’; 
(3) by striking ‘‘benefits; and’’ and inserting 
‘‘benefits. The Secretary shall establish criteria for 
the acceptance of contract offers that will maximize 
environmental benefits, including criteria related to 
the characteristics of the land that is the subject of 
the contract offer, its location, proposed cover and 
proposed management practices.’’; 
(4) by striking ‘‘(B) establish’’ and inserting 
the following: 
‘‘(B) FLEXIBILITY.—The Secretary may 
establish’’; 
(5) by striking ‘‘abated.’’ and inserting ‘‘abated, 
in order to more effectively address specific State or 
regional resource concerns and conservation prior-
ities, including restoration of rare and declining for-
est ecosystems.’’; and 
(6) by adding at the end the following new sub-
paragraph: 
‘‘(C) RELATIONSHIP TO OTHER CONSERVA-
TION PROGRAMS.—In the enrollment of land in 
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the conservation reserve established under this 
subchapter, the Secretary shall give a priority 
to land that cannot produce comparable envi-
ronmental benefits if maintained in agricultural 
production and enrolled in the environmental 
quality incentives program or other program de-
signed to assist producers in improving the en-
vironmental performance of working agricul-
tural land.’’. 
(j) CONSERVATION RESERVE ENHANCEMENT PRO-
GRAM.—Section 1234(f)(1) of such Act is (16 U.S.C. 
3834(f)) is amended by adding at the end the following 
new sentence: ‘‘The Secretary may waive this payment 
limitation for persons participating in a conservation re-
serve enhancement program if the Secretary determines 
such a waiver is necessary to achieve the objectives of the 
conservation reserve enhancement program.’’. 
SEC. 504. REAUTHORIZATION OF AND INCREASED ENROLL-
MENT AUTHORITY FOR GRASSLAND RESERVE 
PROGRAM. 
(a) EXTENSION AND FUNDING.—Section 1241(a) of 
the Food Security Act of 1985 (16 U.S.C. 3841(a)) is 
amended by striking paragraph (5) and inserting the fol-
lowing new paragraph: 
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‘‘(5) For each of fiscal years 2002 through 
2013, the grassland reserve program under sub-
chapter C of chapter 2.’’. 
(b) ENROLLMENT GOALS AND LIMITATION ON USE 
OF RENTAL AGREEMENTS.—Section 1238N(b) of such 
Act (16 U.S.C. 3838N(b)) is amended— 
(1) in paragraph (1), by striking ‘‘2,000,000 
acres’’ and inserting ‘‘10,000,000 acres’’; and 
(2) by striking paragraph (3) and inserting the 
following new paragraphs: 
‘‘(3) LIMITATION ON USE OF RENTAL AGREE-
MENTS.—Of the total number of acres enrolled in 
the program at any one time through the methods 
described in paragraph (2)(A), not more than 30 
percent of the acres shall be enrolled through the 
use of rental agreements described in clause (i) of 
such paragraph. 
‘‘(4) ENROLLMENT GOAL.—For the period be-
ginning on the date of the enactment of this para-
graph and ending on December 31, 2013, the Sec-
retary shall establish a goal to enroll not less than 
2,000,000 acres of native grasslands in the pro-
gram.’’. 
(c) ENROLLMENT OF CONSERVATION RESERVE PRO-
GRAM LAND.—Section 1238N of such Act (16 U.S.C. 
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