I
107TH CONGRESS
1ST SESSION
H. R. 1949
To amend the Food Security Act of 1985 to establish the conservation
security program.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 2001
Mr. THUNE (for himself, Mr. HINCHEY, Ms. KAPTUR, Mr. BOSWELL, Ms.
BALDWIN, Mr. WYNN, Mr. OBERSTAR, Mr. BRADY of Texas, Mr. BEREU-
TER, Mrs. EMERSON, Ms. SLAUGHTER, Mr. SHIMKUS, Mr. RAMSTAD, Ms.
MCCOLLUM, Mr. COOKSEY, and Mr. BOUCHER) introduced the following
bill; which was referred to the Committee on Agriculture, and in addition
to the Committee on the Budget, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Food Security Act of 1985 to establish the
conservation security program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Conservation Security
Act of 2001’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) in addition to producing food and fiber, ag-
ricultural producers can contribute to the public
good by providing improved soil productivity, clean
air and water, fish and wildlife habitat, landscape
and recreational amenities, and other natural re-
sources and environmental benefits;
(2) agricultural producers in the United States
have a long history of embracing environmentally
friendly conservation practices and desire to con-
tinue those practices and engage in new and addi-
tional conservation practices;
(3) agricultural producers that engage in con-
servation practices—
(A) may not receive economic rewards for
implementing conservation practices; and
(B) should be encouraged to engage in
good stewardship, and should be rewarded for
doing so;
(4) despite significant progress in recent years,
significant environmental challenges on agricultural
land remain;
(5) since the 1930’s, when agricultural con-
servation became a national priority, Federal re-
sources for conservation assistance have declined
over 50 percent, when adjusted for inflation;
(6) existing conservation programs do not pro-
vide opportunities for all interested agricultural pro-
ducers to participate;
(7) a voluntary, incentive-based conservation
program open to all agricultural producers that
qualify and desire to participate would—
(A) encourage greater improvement of nat-
ural resources and the environment;
(B) address the economic implications of
conservation practices in a manner consistent
with international obligations of the United
States;
(C) enable United States farmers and
ranchers to produce food for a growing world
population; and
(D) encourage conservation practices that
provide a public benefit while not infringing on
the freedom of an agricultural producer to man-
age agricultural operations as the agricultural
producer chooses;
(8) total farm conservation planning can help
producers increase profitability, enhance resource
protection, and improve quality of life;
(9) on-farm practices may help deter invasive
species that jeopardize native species or impair agri-
cultural land of the United States; and
(10) a conservation program described in para-
graph (7) would help achieve a better balance be-
tween Federal payments supporting conservation on
land used for agricultural production and Federal
payments for the purpose of retiring agricultural
land from production.
SEC. 3. CONSERVATION SECURITY PROGRAM.
(a) IN GENERAL.—Subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended
by adding at the end the following:
‘‘CHAPTER 6—CONSERVATION SECURITY
PROGRAM
‘‘SEC. 1240P. DEFINITIONS.
‘‘In this chapter:
‘‘(1) CONSERVATION
PRACTICE.—The term
‘conservation practice’ means a land-based farming
technique that—
‘‘(A) requires planning, implementation,
management, and maintenance; and
‘‘(B) promotes 1 or more of the purposes
described in section 1240Q(a).
‘‘(2) CONSERVATION
SECURITY
CONTRACT.—
The term ‘conservation security contract’ means a
contract described in section 1240Q(e).
‘‘(3) CONSERVATION
SECURITY
PLAN.—The
term ‘conservation security plan’ means a plan de-
scribed in section 1240Q(c).
‘‘(4) CONSERVATION SECURITY PROGRAM.—The
term ‘conservation security program’ means the pro-
gram established under section 1240Q(a).
‘‘(5) NUTRIENT MANAGEMENT.—The term ‘nu-
trient management’ means management of the quan-
tity, source, placement, form, and timing of the land
application of nutrients on land enrolled in the con-
servation security program and other additions to
soil—
‘‘(A) to achieve or maintain adequate soil
fertility for agricultural production; and
‘‘(B) to minimize the potential for loss of
environmental quality, including soil, water, fish
and wildlife habitat, and air quality impair-
ment.
‘‘(6) RESOURCE OF CONCERN.—The term ‘re-
source of concern’ means a conservation priority of
the State and locality under section 1240Q(c)(3).
‘‘(7) RESOURCE-CONSERVING CROP.—The term
‘resource-conserving crop’ means—
‘‘(A) a perennial grass;
‘‘(B) a legume grown for use as forage,
seed for planting, or green manure;
‘‘(C) a legume-grass mixture;
‘‘(D) a small grain grown in combination
with a grass or legume, whether interseeded or
planted in succession; and
‘‘(E) such other plantings, including trees
and annual grasses, as the Secretary considers
appropriate for a particular area.
‘‘(8) 
RESOURCE-CONSERVING
CROP
ROTA-
TION.—The term ‘resource-conserving crop rotation’
means a crop rotation that—
‘‘(A) includes at least 1 resource-con-
serving crop;
‘‘(B) reduces erosion;
‘‘(C) improves soil fertility and tilth; and
‘‘(D) interrupts pest cycles.
‘‘(9) RESOURCE
MANAGEMENT
SYSTEM.—The
term ‘resource management system’ means a system
of conservation practices and management relating
to land or water use that is designed to prevent re-
source degradation and permit sustained use of the
land and water, as defined in the Natural Resource
Conservation Service technical guidance handbooks.
‘‘SEC. 1240Q. CONSERVATION SECURITY PROGRAM.
‘‘(a) IN GENERAL.—The Secretary shall establish a
conservation security program to assist owners and opera-
tors of agricultural operations to promote, as is applicable
for each operation—
‘‘(1) conservation of soil, water, energy, and
other related resources;
‘‘(2) soil quality protection and improvement;
‘‘(3) water quality protection and improvement;
‘‘(4) air quality protection and improvement;
‘‘(5) soil, plant, or animal health and well-
being;
‘‘(6) diversity of flora and fauna;
‘‘(7) on-farm conservation and regeneration of
biological resources, including plant and animal
germplasm;
‘‘(8) wetland restoration, conservation, and en-
hancement;
‘‘(9) wildlife habitat management, with special
emphasis on species identified by the Natural Herit-
age Program of the State;
‘‘(10) reduction of greenhouse gas emissions
and enhancement of carbon sequestration;
‘‘(11) systems that protect human health and
safety;
‘‘(12) environmentally sound management of
invasive species; or
‘‘(13) any similar conservation purpose (as de-
termined by the Secretary).
‘‘(b) ELIGIBILITY.—
‘‘(1) ELIGIBLE OWNERS AND OPERATORS.—To
be eligible to participate in the conservation security
program (other than to receive technical assistance
under subsection (h)(6) for the development of con-
servation security contracts), an owner or operator
shall—
‘‘(A) develop and submit to the Secretary,
and obtain the approval of the Secretary of, a
conservation security plan that meets the re-
quirements of subsection (c)(1); and
‘‘(B) enter into a conservation security
contract with the Secretary to carry out the
conservation security plan.
‘‘(2) ELIGIBLE LAND.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (C)(iii), private agricultural land
(including cropland, rangeland, grassland, and
pasture land) that is entirely used as part of
the agricultural operation of an owner or oper-
ator on the date of enactment of this chapter
shall be eligible for enrollment in the conserva-
tion security program.
‘‘(B) FORESTED LAND.—Private forested
land shall be eligible for enrollment in the con-
servation security program if the forested land
is integrated into the agricultural operation, in-
cluding land that is used for—
‘‘(i) alleycropping;
‘‘(ii) forest farming;
‘‘(iii) forest buffers;
‘‘(iv) windbreaks;
‘‘(v) silvopasture systems; and
‘‘(vi) such other uses as the Secretary
may determine appropriate.
‘‘(C) EXCLUSIONS.—
‘‘(i) CONSERVATION
RESERVE
PRO-
GRAM.—Land enrolled in the conservation
reserve program under subchapter B of
chapter I shall not be eligible for enroll-
ment in the conservation security program
except for land enrolled in partial field con-
servation practice enrollment options.
‘‘(ii) 
WETLANDS
RESERVE
PRO-
GRAM.—Land enrolled in the wetlands pre-
serve program established under sub-
chapter C of chapter 1 of subtitle D shall
not be eligible for enrollment in the con-
servation security program.
‘‘(iii) TOLERANCE LEVEL.—The Sec-
retary shall promulgate regulations to en-
sure that land shall not be eligible for en-
rollment in the conservation security pro-
gram if the land—
‘‘(I) is initially used for the pro-
duction of an agricultural commodity
after the date of enactment of this
chapter; and
‘‘(II) cannot be used for the pro-
duction of an agricultural commodity
without resulting in the loss of soil at
a level that exceeds the soil loss toler-
ance level.
‘‘(c) CONSERVATION SECURITY PLANS.—
‘‘(1) IN
GENERAL.—A conservation security
plan shall—
‘‘(A) identify the resources and designated
land to be conserved under the conservation se-
curity plan;
‘‘(B) describe the tier of conservation prac-
tices, and the particular conservation practices
to be implemented, maintained, or improved, in
accordance with subsection (d) on the land cov-
ered by the conservation security contract for
the specified term;
‘‘(C) contain a schedule for the implemen-
tation, maintenance, or improvement of the con-
servation practices described in the conservation
security plan during the term of the conserva-
tion security contract;
‘‘(D) meet the requirements of the highly
erodible land and wetland conservation require-
ments of subtitles B and C; and
‘‘(E) contain such other terms as the Sec-
retary determines to be appropriate.
‘‘(2) COMPREHENSIVE
PLANNING.—The Sec-
retary shall encourage owners and operators that
enter into conservation security contracts—
‘‘(A) to undertake a comprehensive exam-
ination of the opportunities for conserving nat-
ural resources and improving the profitability,
environmental health, and quality of life in rela-
tion to their entire agricultural operations;
‘‘(B) to develop a long-term strategy for
implementing, monitoring, and evaluating con-
servation practices and environmental results in
the entire agricultural operation;
‘‘(C) to participate in other Federal, State,
local, or private conservation programs;
‘‘(D) to maintain the agricultural integrity
of the land; and
‘‘(E) to adopt innovative conservation tech-
nologies and management practices.
‘‘(3) STATE AND LOCAL CONSERVATION PRIOR-
ITIES.—To the maximum extent practicable and in
a manner consistent with the conservation security
program, each conservation security plan shall ad-
dress the conservation priorities of the State and lo-
cality in which the agricultural operation is located
(as determined by the State conservationist in con-
sultation with the State technical committee estab-
lished under subtitle G and the local working groups
of the State technical committee).
‘‘(d) CONSERVATION PRACTICES.—
‘‘(1) IN GENERAL.—
‘‘(A) ESTABLISHMENT
OF
TIERS.—The
Secretary shall establish 3 tiers of conservation
practices that are eligible for payment under a
conservation security contract.
‘‘(B) 
ELIGIBLE
CONSERVATION
PRAC-
TICES.—
‘‘(i) IN
GENERAL.—The Secretary
shall make eligible for payment under a
conservation security contract land man-
agement, vegetative, and structural prac-
tices that—
‘‘(I) are necessary to achieve the
objectives of the conservation security
plan; and
‘‘(II) primarily provide for and
have as the primary purpose resource
protection and environmental improve-
ment.
‘‘(ii) DETERMINATION.—
‘‘(I) IN
GENERAL.—In deter-
mining the eligibility of a practice de-
scribed in clause (i), the Secretary
shall require the lowest cost alter-
natives be used to fulfill the objectives
of the conservation security plan.
‘‘(II) 
LIMITATION.—Notwith-
standing subclause (I), the adoption
of innovative technologies shall, to the
maximum extent practicable, not be
limited.
‘‘(2) SUSTAINABLE ECONOMIC USES.—With re-
spect to land enrolled in the conservation security
program, including all land use adjustment activities
specified under Tier II, the Secretary shall permit
economic uses of the land that—
‘‘(A) maintain the agricultural nature of
land;
‘‘(B) achieve the natural resource and en-
vironmental benefits of the plan; and
‘‘(C) are approved as part of the conserva-
tion security plan.
‘‘(3) ON-FARM
RESEARCH
AND
DEMONSTRA-
TION.—With respect to land enrolled in the con-
servation security program that will be maintained
using a Tier II or Tier III conservation practice es-
tablished under paragraph (5), the Secretary may
approve a conservation security plan that includes
on-farm research and demonstration activities, in-
cluding innovative approaches to—
‘‘(A) total farm planning;
‘‘(B) total resource management;
‘‘(C) integrated farming systems;
‘‘(D) germplasm conservation and regen-
eration;
‘‘(E) greenhouse gas reduction and carbon
sequestration;
‘‘(F) agro-ecological restoration and wild-
life habitat restoration;
‘‘(G) agro-forestry;
‘‘(H) invasive species control;
‘‘(I) energy conservation and management;
or
‘‘(J) farm and environmental results moni-
toring and evaluation.
‘‘(4) USE OF HANDBOOK AND GUIDES.—
‘‘(A) IN GENERAL.—In determining eligible
conservation practices under the conservation
security program, the Secretary shall use the
National Handbook of Conservation Practices
and the field office technical guides of the Nat-
ural Resources Conservation Service.
‘‘(B) CONSERVATION
PRACTICE
STAND-
ARDS.—To the maximum extent practicable, the
Secretary shall establish guidance standards for
implementation of eligible conservation prac-
tices that shall include measurable goals for en-
hancing and preventing degradation of re-
sources.
‘‘(C) ADJUSTMENTS.—After providing no-
tice and an opportunity for public participation,
the Secretary shall make such adjustments to
the National Handbook of Conservation Prac-
tices as are necessary to carry out this chapter.
‘‘(D) PILOT TESTING.—
‘‘(i) IN GENERAL.—Under any of the
3 tiers of conservation practices established
under paragraph (5), the Secretary may
approve requests by an owner or operator
for pilot testing of new technologies and
innovative conservation practices and sys-
tems.
‘‘(ii) INCORPORATION
INTO
STAND-
ARDS.—After evaluation by the Secretary
and provision of notice and an opportunity
for public participation, the Secretary may
incorporate new technologies and innova-
tive conservation practices and systems
into the standards for implementation of
conservation practices established under
paragraph (1)(C).
‘‘(5) TIERS.—To carry out this subsection, the
Secretary shall establish the following 3 tiers of con-
servation practices:
‘‘(A) TIER I.—
‘‘(i) IN GENERAL.—A conservation se-
curity plan for land enrolled in the con-
servation security program that will be
maintained using Tier I conservation prac-
tices shall—
‘‘(I) if applicable, address at least
1 resource of concern to the particular
agricultural operation;
‘‘(II) apply to the total agricul-
tural operation or to a particular unit
of the agricultural operation;
‘‘(III) cover both—
‘‘(aa) conservation practices
that are being implemented as of
the date on which the conserva-
tion security contract is entered
into; and
‘‘(bb) conservation practices
that 
are 
newly 
implemented
under the conservation security
contract; and
‘‘(IV) meet applicable standards
for implementation of conservation
practices established under paragraph
(4);
‘‘(ii) CONSERVATION
PRACTICES.—
Tier I conservation practices shall consist
of, as appropriate for the agricultural oper-
ation of an owner or operator, 1 or more
of the following basic conservation activi-
ties:
‘‘(I) Soil conservation, quality,
and residue management.
‘‘(II) Nutrient management.
‘‘(III) Pest management.
‘‘(IV) Invasive species manage-
ment.
‘‘(V) Irrigation water conserva-
tion and water quality management.
‘‘(VI) 
Grazing, 
pasture, 
and
rangeland management.
‘‘(VII) Fish and wildlife habitat
management, with special emphasis
on species identified by the Natural
Heritage Program of the State or the
appropriate State agency.
‘‘(VIII) Fish and wildlife protec-
tion and enhancement.
‘‘(IX) Air quality management.
‘‘(X) Energy conservation meas-
ures.
‘‘(XI) Biological resource con-
servation and regeneration.
‘‘(XII) Worker health and safety
protection measures.
‘‘(XIII) Animal welfare manage-
ment.
‘‘(XIV) 
Plant 
and 
animal
germplasm conservation, evaluation,
and development.
‘‘(XV) Contour farming.
‘‘(XVI) Strip cropping.
‘‘(XVII) Cover cropping.
‘‘(XVIII) Sediment dams.
‘‘(XIX) Recordkeeping.
‘‘(XX) Monitoring and evalua-
tion.
‘‘(XXI) Any other conservation
practice that the Secretary determines
to be appropriate and comparable to
other conservation practices described
in this clause.
‘‘(iii) TIER
II
PRACTICES.—A con-
servation security plan for land enrolled in
the conservation security program that will
be maintained using Tier I conservation
practices may include Tier II conservation
practices.
‘‘(B) TIER II.—
‘‘(i) IN GENERAL.—A conservation se-
curity plan for land enrolled in the con-
servation security program that will be
maintained using Tier II conservation
practices shall—
‘‘(I) address at least 1 resource
of concern as specified in the con-
servation security plan covering the
total agricultural operation;
‘‘(II) cover both—
‘‘(aa) conservation practices
that are being implemented as of
the date on which the conserva-
tion security contract is entered
into; and