I
107TH CONGRESS
1ST SESSION
H. R. 2375
To promote the conservation and preservation of working farms, ranches,
and private forests.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mr. KIND (for himself, Mr. GILCHREST, Mr. BOEHLERT, Mr. DINGELL, Mrs.
JOHNSON of Connecticut, Mr. LARSEN of Washington, Mr. GEORGE MIL-
LER of California, Mr. PETRI, Mr. THOMPSON of California, Mr. BONIOR,
Mr. QUINN, Mr. HOYER, Mr. WALSH, Mr. DICKS, Mr. EHLERS, Mr.
OBERSTAR, Mr. BASS, Mr. BAIRD, Mr. KOLBE, Ms. WOOLSEY, Mrs.
TAUSCHER, Mr. KING, Mr. UDALL of Colorado, Mr. GILMAN, Mr.
MCDERMOTT, Mr. HINCHEY, Mrs. ROUKEMA, Mr. MCNULTY, Mr. BOR-
SKI, Mr. MCHUGH, Mr. ETHERIDGE, Mrs. MORELLA, Mr. FARR of Cali-
fornia, Mr. PALLONE, Mr. STUPAK, Mr. DELAHUNT, Mr. OLVER, Mr.
GREENWOOD, Mr. KILDEE, Mr. BALDACCI, Mr. BLUMENAUER, Mr.
ALLEN, Mr. KUCINICH, Mr. KENNEDY of Rhode Island, Mr. LANGEVIN,
Ms. BALDWIN, Mr. BARRETT of Wisconsin, Mr. MORAN of Virginia, Mrs.
NAPOLITANO, Ms. MCCOLLUM, Mr. SMITH of Washington, Mr. INSLEE,
Mr. LEWIS of Georgia, Mr. HOLT, Mr. WU, and Ms. HOOLEY of Oregon)
introduced the following bill; which was referred to the Committee on Ag-
riculture
A BILL
To promote the conservation and preservation of working
farms, ranches, and private forests.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Working Lands Stewardship Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—FARM, RANCH, AND RURAL COMMUNITY PRESERVATION
Sec. 101. Farmland protection program.
Sec. 102. Expansion of State marketing programs.
Sec. 103. Farmer-to-consumer marketing.
Sec. 104. Program to promote purchase of locally grown fruits and vegetables.
Sec. 105. Socially disadvantaged farmers.
TITLE II—ENVIRONMENTAL STEWARDSHIP ON WORKING LANDS
Sec. 201. Environmental quality incentives program.
Sec. 202. Manure reuse loans and grants.
TITLE II—PRESERVATION OF WILDLIFE HABITAT
Sec. 301. Wildlife habitat incentives program.
Sec. 302. Wetlands reserve program.
Sec. 303. Wetlands reserve enhancement program.
Sec. 304. Conservation reserve program.
Sec. 305. Conservation of private grazing lands.
Sec. 306. Grassland reserve program.
TITLE IV—ORGANIC FARMING
Sec. 401. Program to assist transition to organic farming.
TITLE V—FORESTRY
Sec. 501. Forest stewardship program.
Sec. 502. Urban and community forestry.
Sec. 503. Elimination of repetition in Federal cooperative forestry assistance
programs.
TITLE VI—TECHNICAL ASSISTANCE
Sec. 601. Conservation technical assistance.
Sec. 602. Reimbursement for program administration and outreach.
Sec. 603. Technical assistance by others.
Sec. 604. Conservation practice standards.
TITLE VII—MISCELLANEOUS CONSERVATION PROVISIONS
Sec. 701. Regional equity.
Sec. 702. Conservation program performance review and evaluation.
fective tools available for reducing the loss of open
space and maintaining the nation’s working land-
scapes.
(b) PURPOSES.—The purposes of this Act are—
(1) to contribute to farmer, rancher and private
forester profitability;
(2) to develop new markets for agricultural and
forestry products;
(3) to reward farmers, ranchers, and private
forest landowners when they contribute to clean
water, fish and wildlife habitat, and open space;
(4) to meet farmer, rancher, and private for-
ester demand for Federal financial and technical as-
sistance; and
(5) to reduce long-term drinking water treat-
ment and dredging costs.
SEC. 3. DEFINITIONS.
In this Act:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(2) INNOVATIVE MANURE MANAGEMENT.—The
term ‘‘innovative manure management’’ means ma-
nure management technologies that—
(A) eliminate the discharge of animal
waste to surface and groundwaters through di-
rect discharge, seepage and runoff;
(B) substantially eliminate atmospheric
emissions of ammonia;
(C) substantially eliminate the emission of
odor that is detectable beyond the boundaries of
the animal operation;
(D) substantially eliminate the release of
disease-transmitting 
vectors 
and 
airborne
pathogens; or
(E) substantially eliminate nutrient heavy
metal contamination.
TITLE 
I—FARM, 
RANCH, 
AND
RURAL COMMUNITY PRESER-
VATION
SEC. 101. FARMLAND PROTECTION PROGRAM.
(a) IN GENERAL.—Section 388 of the Federal Agri-
culture Improvement and Reform Act of 1996 (Public
Law 104–127; 16 U.S.C. 3830 note) is amended to read
as follows:
‘‘SEC. 388. FARMLAND PROTECTION PROGRAM.
‘‘(a) ESTABLISHMENT
AND PURPOSE.—The Sec-
retary of Agriculture shall carry out a farmland protection
program for the purpose of protecting farm, ranch, and
forest lands with prime, unique, or other productive uses
by limiting the nonagricultural uses of the lands. Under
the program, the Secretary may provide matching grants
to eligible entities described in subsection (d) to facilitate
their purchase of—
‘‘(1) permanent conservation easements in such
lands; or
‘‘(2) conservation easements or other interests
in such lands when the lands are subject to a pend-
ing offer from a State or local government.
‘‘(b) CONSERVATION PLAN.—Any highly erodible
land for which a conservation easement or other interest
is purchased using funds made available under this section
shall be subject to the requirements of a conservation plan
that requires, at the option of the Secretary of Agri-
culture, the conversion of the cropland to less intensive
uses.
‘‘(c) MAXIMUM
FEDERAL
SHARE.—The Federal
share of the cost of purchasing a conservation easement
described in subsection (a)(1) may not exceed 50 percent
of the total cost of purchasing the easement.
‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section,
the term ‘eligible entity’ means any of the following:
‘‘(1) An agency of a State or local government.
‘‘(2) A federally recognized Indian tribe.
‘‘(3) Any organization that is organized for,
and at all times since its formation has been oper-
ated principally for, one or more of the conservation
purposes specified in clause (i), (ii), or (iii) of sec-
tion 170(h)(4)(A) of the Internal Revenue Code of
1986 and—
‘‘(A) is described in section 501(c)(3) of
the Code;
‘‘(B) is exempt from taxation under section
501(a) of the Code; and
‘‘(C) is described in paragraph (2) of sec-
tion 509(a) of the Code, or paragraph (3) of
such section, but is controlled by an organiza-
tion described in paragraph (2) of such section.
‘‘(e) GRANT FACTORS.—Among the factors the Sec-
retary shall use to make grants under this section, the
Secretary shall consider the extent to which States are en-
couraging or adopting measures to protect farmland and
ranchland from conversion to urban uses.
‘‘(f) TITLE; ENFORCEMENT.—Any eligible entity may
hold title to a conservation easement purchased using
grant funds provided under subsection (a)(1) and enforce
the conservation requirements of the easement.
‘‘(g) STATE CERTIFICATION.—As a condition of the
receipt by an eligible entity of a grant under subsection
(a)(1), the attorney general of the State in which the con-
servation easement is to be purchased using the grant
funds shall certify that the conservation easement to be
purchased is in a form that is sufficient, under the laws
of the State, to achieve the purposes of the farmland pro-
tection program and the terms and conditions of the
grant.
‘‘(h) FUNDING.—
‘‘(1) USE OF COMMODITY CREDIT CORPORATION
FUNDS.—The Secretary shall use not more than
$500,000,000 of the funds of the Commodity Credit
Corporation for each of the fiscal years 2003
through 2008 to carry out this section.
‘‘(2) 
LIMITATION
ON
TECHNICAL
ASSIST-
ANCE.—To provide technical assistance to carry out
this section, the Secretary may not use more than
10 percent of the amount made available for any fis-
cal year under paragraph (1).’’.
(b) GRANTS AND ASSISTANCE TO ENHANCE FARM
VIABILITY.—To complement the farmland protection pro-
gram required by section 388 of the Federal Agriculture
Improvement and Reform Act of 1996 (Public Law 104–
127; 7 U.S.C. 3830 note), the Secretary of Agriculture
shall establish a $10,000,000 program, using funds of the
Commodity Credit Corporation, to provide market devel-
opment grants and technical assistance to farm and ranch
operators in exchange for a 5-year or 10-year agreement
to forgo development of the lands covered by the agree-
ment.
(1) BUSINESS PLANS.—The Secretary shall es-
tablish teams of experts to assist a farm and ranch
operator participating in the program to develop a
business plan for the operator’s farm or ranch.
(2) CONSULTATION.—To the maximum extent
possible, the Secretary shall consult with State or
commonwealth agriculture departments, including
the Agriculture Commission for the State of Massa-
chusetts, in connection with the development and im-
plementation of the program in each respective
State.
SEC. 102. EXPANSION OF STATE MARKETING PROGRAMS.
(a) FEDERAL-STATE
MARKET
INCENTIVE
PAY-
MENTS.—Section 204(b) (7 USCA 1623) of the Agricul-
tural Marketing Act of 1946 is amended by deleting ‘‘such
sums as he may deem appropriate’’ with ‘‘$10 million
from the Commodity Credit Corporation for each of the
fiscal years 2003 through 2008.’’
(b) 
MARKET
DEVELOPMENT
GRANTS.—Section
203(e)(1) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(e)) is amended by adding at the end the fol-
lowing new sentence: ‘‘The Secretary shall transfer to
State departments of agriculture and other State mar-
keting offices at least 10 percent of the funds appropriated
for a fiscal year for this subsection to facilitate the devel-
opment of local and regional markets for agricultural
products, including direct farm-to-consumer markets.’’.
(c) MARKETING SERVICE AND RESEARCH.—Section
204(b) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1623(b)) is amended by striking ‘‘authorized to
make available from such funds such sums as he may
deem appropriate for allotment’’ and inserting ‘‘directed
to allocate at least 10 percent of annual appropriations
under subsection (a)’’.
SEC. 103. FARMER-TO-CONSUMER MARKETING.
The Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3001–3006) is amended as follows:
(a) FARMERS MARKET GRANTS.—The Secretary
shall establish a program to provide grants to develop
farmers markets. There is hereby authorized to be appro-
priated 
from 
the 
Commodity 
Credit 
Corporation
$10,000,000 for each of the fiscal years 2003 through
2008.
(b) 
TECHNICAL
ASSISTANCE.—Section 
5(a) 
is
amended by inserting the following:
‘‘(4) providing technical assistance to urban
and suburban agricultural fairs.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
7(b) is amended by deleting ‘‘$1,500,000’’ and inserting
‘‘$5,000,000’’.
(d) FARMER
MARKET
DEVELOPMENT.—Section
3004(a)(3) is amended by inserting the following: ‘‘The
Secretary shall work with States Departments of Agri-
culture to develop programs to train managers of farmers
markets, and shall create opportunities to share informa-
tion among farmers market managers.’’.
(e) 
DIRECT
MARKETING
TRAINING.—Section
3004(a)(5) is amended by inserting the following:
‘‘(5) The Secretary shall establish a program to
train cooperative extension service employees in the
development of direct marketing techniques, and
shall work with producers to develop farmers mar-
kets.’’.
SEC. 104. PROGRAM TO PROMOTE PURCHASE OF LOCALLY
GROWN FRUITS AND VEGETABLES.
(a) NATIONAL PROMOTIONAL CAMPAIGN.—The Sec-
retary shall establish a national campaign to urge Federal
and non-Federal consumers to buy locally-grown fruits
and vegetables and value-added products made from lo-
cally-grown fruits and vegetables, to highlight the nutri-
tional value of fresh, locally-grown produce, and to high-
light the connection between local food production, con-
sumer buying behavior, and loss of open space.
(b) FEDERAL PURCHASES.—The Secretary shall es-
tablish a memorandum of agreement with the Secretary
of Defense and the Secretary of Education to ensure that
at least 75 percent of the fruits and vegetables and value-
added products made from fruits and vegetables acquired
by public schools and military installations is locally
grown.
(c) FINANCIAL SUPPORT.—To promote the use of lo-
cally grown fruits and vegetables and value-added prod-
ucts made from locally grown fruits and vegetables in
schools, the Secretary shall provide such sums as nec-
essary for incorporating locally grown fruits and vegeta-
bles and value-added products thereof into school-provided
meals.
SEC. 105. SOCIALLY DISADVANTAGED FARMERS.
Section 2501(a)(3) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 2279(a)(3))
is amended by striking ‘‘$10,000,000’’ and inserting
‘‘$25,000,000’’.
TITLE 
II—ENVIRONMENTAL
STEWARDSHIP ON WORKING
LANDS
SEC. 201. ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM.
(a) EXTENSION AND FUNDING INCREASE.—Section
1241(b)(1) of the Food Security Act of 1985 (16 U.S.C.
3841(b)(1)) is amended—
(1) by striking ‘‘1996, and’’ and inserting
‘‘2002,’’; and
(2) by striking ‘‘2002,’’ and inserting ‘‘2008,
and $1,000,000,000 of the funds allocated by the
Commodity Credit Corporation for each of the fiscal
years 2003 through 2008.’’.
(b) SET ASIDES.—Section 1241(b) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3841(b)) is amended by strik-
ing paragraph (2) and inserting the following new para-
graph:
‘‘(2) SET ASIDES FOR LIVESTOCK, AND WATER
CONSERVATION.—For each of the fiscal years 2003
through 2008:
‘‘(A) MANAGED GRAZING.—Not less than
20 percent of the funding available for technical
assistance, cost-sharing payments, and incentive
payments shall be targeted at managed grazing
systems;
‘‘(B) 
INNOVATIVE
MANURE
MANAGE-
MENT.—Not less than 10 percent of the fund-
ing available for technical assistance, cost-shar-
ing payments, and incentive payments shall be
targeted for innovative manure management
systems, including digesters.
‘‘(C) WATER
CONSERVATION.—Not less
than 20 percent of the funding available for
technical assistance, cost-sharing payments, and
incentive payments shall be made available for
innovative irrigation efficiency infrastructure
and practices. Not less than half of the set
aside available for water conservation shall be
provided for measures that improve habitat con-
ditions for fisheries.
‘‘(D) PESTICIDE
REDUCTION.—Not less
than 10 percent of the funding available for
technical assistance, cost-sharing payments, and
incentive payments shall be targeted for prac-
tices which reduce the use and toxicity of pes-
ticides.’’.
(c) WATERSHED QUALITY INCENTIVE CONTRACTS.—
(1) IN GENERAL.—The Secretary shall provide
incentive payments to reward private landowners
who implement nutrient management, pest manage-
ment, or soil erosion practices that protect public
drinking water supplies.
(2) CONTRACTS.—The Secretary shall enter
into multi-year contracts with private landowners
whose activities affect public drinking water supplies
to reduce soil loss, improve water quality, and pro-
tect human health.
(3) PLAN.—To be eligible to receive incentive
payments, landowners whose activities affect public
drinking water supplies shall submit a plan, and
shall enter into a watershed quality incentives con-
tract with the Secretary to carry out the plan. The
plan shall—
(A) describe the nutrient management,
pest management or soil loss practices to be im-
plemented, maintained, or improved;
(B) contain a schedule of implementation;
(C) address water quality priorities of the
watershed in which the operation is located to
the greatest extent possible; and
(D) contain such other terms as the Sec-
retary determines to be appropriate.
(4) CONSISTENCY WITH WATERSHED PLAN.—
Conservation practices proposed in the plan required
by paragraph (3) must be consistent with a water-
shed plan developed by the Secretary, based upon
the best available science, that identifies and ranks
measures, such as nutrient management, pest man-
agement and conservation tillage, needed to improve
the quality of public drinking water supplies in a wa-
tershed.
(5) ROLE
OF
WATERSHED
COUNCILS.—The
Secretary shall, to the maximum extent possible,
work with conservation districts and existing and
new watershed councils to develop the watershed
plan under paragraph (4).
(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There is hereby authorized to be appropriated
$1,000,000,000 from the Commodity Credit Cor-
poration to carry out the purposes of this subsection.
(7) ANNUAL PAYMENTS.—The Secretary is au-
thorized to make annual payments to farm and
ranch operators not to exceed $50,000.
(8) MONITORING.—To provide incentives and
cost-sharing payments under this subsection, the
Secretary shall collaborate with other Federal and
non-Federal interests to maintain or establish a
water quality monitoring network to measure the
benefits of funds allocated under this subsection and
must annually share the results of such monitoring.
(9) PRIVACY.—Data collected will not be sub-
ject to mandatory disclosure provisions (5 U.S.C.
552), but may be used in an aggregate form to
measure expected benefits.
(10) GUIDANCE.—The Secretary shall collabo-
rate with other local, state and Federal agencies to
develop guidance for locally-led water quality moni-
toring networks.
(11) ROLE OF DRINKING WATER SUPPLIES.—
(1) IN
GENERAL.—The Secretary shall work
with drinking water utilities to allocate payments
under this section.
(2) PILOT PROGRAM.—The Secretary shall per-
mit drinking water utilities in 10 watersheds to allo-
cate payments under this section, provided that
drinking water utilities maintain monitoring net-
works which can target incentive and cost-sharing
payments and measure results.
(12) RECOGNITION OF STATE EFFORTS.—The
Secretary shall recognize the financial contribution
of States, among other factors, during the allocation
of funding under this subsection.
(d) EXCEPTION TO LIMITATION ON PAYMENTS.—
(1) Section 1240G(b) of the Food Security Act
of 1985 (16 USC 3839aa–7(a)) is amended by in-
serting the following:
‘‘(3) to share the cost of digesters.’’.
(2) No funding may be provided to livestock
producers who must comply with permit require-
ments under the Federal Water Pollution Control
Act.
(e) LIMITATION ON PAYMENTS.—Section 1240G(c) is
repealed.
(f) EVALUATION OF OFFERS AND PAYMENTS.—Sec-
tion 1240C is amended by inserting the following:
‘‘(a) The Secretary shall establish a ranking process
and benefits index to prioritize technical assistance, cost-
share payments, and incentives to producers to maximize
soil and water quality and wildlife habitat benefits. The
ranking process shall be weighted to ensure that technical
assistance, cost-share payments, and incentives are pro-
vided to small and socially-disadvantaged farmers, and
shall recognize the extent to which producers have pre-
viously implemented resource-conserving practices. The
Secretary shall consult with local, State, and Federal pub-
lic and private to entities to develop the ranking process
and benefits index.’’.
(g) NON-FEDERAL ASSISTANCE.—Section 1240B(g)
is amended by inserting ‘‘drinking water utility’’ after
‘‘forestry agency,’’ and by inserting ‘‘cost-share payments,
and incentives’’ after ‘‘technical assistance’’.
(h) PRIORITY AREAS.—Section 1240(c)(1) is amend-
ed by adding the following: ‘‘State allocations shall reflect,
among other appropriate factors, the extent to which
States have engaged local stakeholders in setting priority
areas, developed and implemented education and outreach
programs, and developed and implemented water quality
monitoring programs for designated priority areas.’’.
(i) ANIMAL
ANTIBIOTICS
USE.—When providing
funds for livestock operators under this section, the Sec-
retary shall consider, among other factors, the extent to
which operators reduce and limit the use of antibiotics to
those levels necessary to ensure animal health.
SEC. 202. MANURE REUSE LOANS AND GRANTS.
(a) LOANS FOR FARM OWNERS AND TENANTS.—Sec-
tion 304(a) of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1924(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(5);
(2) by re-designating paragraph (6) as para-
graph (7); and
(3) by inserting after paragraph (5) the fol-
lowing:
‘‘(6) the installation of animal waste biogas re-
covery facilities; and’’.
(b) LOANS FOR ORGANIZATIONS.—Section 306(a) of
such Act (7 U.S.C. 1926(a)) is amended by inserting ‘‘the
installation of animal waste biogas recovery facilities’’
after ‘‘waste disposal facilities,’’.
(c) 
INCREASE
IN
MAXIMUM
LOAN.—Section
304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) is amended
by inserting the following: ‘‘Loans for digesters may ex-
ceed $50,000.’’.
TITLE II—PRESERVATION OF
WILDLIFE HABITAT
SEC. 301. WILDLIFE HABITAT INCENTIVES PROGRAM.
(a) EXTENSION
AND FUNDING INCREASE.—Sub-
section (c) of section 387 of the Federal Agriculture Im-
provement and Reform Act of 1996 (16 U.S.C. 3836a)
is amended by inserting after ‘‘2002’’ the following: ‘‘a
total of $500,000,000 from the Commodity Credit Cor-
poration’’ for fiscal years 2003 through 2008,’’.
(b) PROGRAM MODIFICATIONS.—Such section is fur-
ther amended by adding at the end the following new sub-
sections:
‘‘(d) FUNDING PRIORITY.—Beginning with fiscal
year 2003, not less than 50 percent of the funds made
available under subsection (c) shall be targeted at eco-
logically significant habitat for imperiled native species,
including species identified as endangered, threatened or
of special concern by the U.S. Fish and Wildlife Service
or species that are considered imperiled by State natural
heritage programs; The Secretary shall establish a panel
of experts from Federal and State fish, wildlife and nat-
ural resource agencies to assist the Secretary in meeting
this goal.
‘‘(e) SAFE HARBOR.—The Secretary is authorized to
assist landowners entering safe harbor agreements by
sharing the costs of wildlife assessments or other costs re-
lated to safe harbor agreements.
‘‘(f) ACQUISITION
OF
EASEMENTS
AND
WATER
RIGHTS.—Beginning with fiscal year 2003, not less than
20 percent of the funds made available under subsection
(c) shall be used to acquire permanent easements and
water rights to preserve important and declining fish and
wildlife habitats as identified by the Secretary for each
State in consultation with the State fish and wildlife
agency.
‘‘(g) INCENTIVE PAYMENTS.—The Secretary may
provide incentive payments to landowners in exchange for
the implementation of land management practices de-
signed to create or preserve wildlife habitat. The payments
may be in an amount and at a rate determined by the
Secretary to be necessary to encourage a landowner to en-
gage in the practice.
‘‘(h) CRITERIA FOR ENROLLMENT.—The Secretary
shall work with local, State and Federal experts to revise
enrollment criteria not later than six months after the date
of enactments to ensure that projects maximize conserva-
tion benefits, are regionally equitable, and to encourage
the implementation of projects that also contribute to pro-
ducer profitability.’’.
SEC. 302. WETLANDS RESERVE PROGRAM.
(a) ENROLLMENT AUTHORITY.—Section 1237(b) of
the Food Security Act of 1985 (16 U.S.C. 3837(b)) is
amended by striking paragraph (1) and inserting the fol-
lowing new paragraph:
‘‘(1) ENROLLMENT.—The Secretary shall enroll
a total of not less than 250,000 acres per fiscal year
in the wetlands reserve program during the fiscal
years 2003 through 2008, and the total number of
acres enrolled in the wetlands reserve program shall
not exceed 2,500,000 acres.’’.
(b) REGIONAL EQUITY.—Section 1237A(f) of the
Food Security Act of 1985 (16 U.S.C. 3837a(f)) is amend-
ed by adding at the end the following new sentence:
‘‘Not later than October 1, 2002, the Secretary shall
reform compensation policies to ensure that the enrollment
of lands under this subchapter is equitable on a regional
basis, taking into account historic wetlands distribution
and existing opportunities for restoration.’’.
SEC. 303. WETLANDS RESERVE ENHANCEMENT PROGRAM.
(a) IN GENERAL.—The Secretary of Agriculture shall
establish a cost-share program with any State or States
to enter into annual incentive payment contracts and ease-
ments with private landowners or operators to protect
250,000 acres of wetlands that have been identified by the
State or States—
(1) as habitat for animal or plant populations
of significant ecological value;
(2) as having significant water quality value; or
(3) as having the potential to reduce flood
losses.
(b) ELIGIBLE LANDS.—Land shall be eligible to be
enrolled in the program if the Secretary of Agriculture de-
termines that the land—
(1) is a wetland or prior converted wetland;
(2) once served as a natural wetland, and is lo-
cated in an area that has potential to serve as wet-
land habitat for animal or plant populations of sig-
nificant ecological value;
(3) is located within 150 feet of land described
in paragraph (1) or (2); or
(4) is incidental to land described in paragraph
(1), (2) or (3), if the Secretary also determines that
enrollment of the incidental land is necessary for the
efficient administration of the other land.
(c) ELIGIBILITY REQUIREMENTS FOR STATES.—To
be eligible for this program, a State must—
(1) Submit a wetland conservation plan which
identifies, by county or parish, wetlands in the re-
spective State that have been identified by the State
as habitat for animal or plant populations of signifi-
cant ecological value; and
(2) Provide documentation to the Secretary of
potential and likely sources of in-kind or in-cash
contributions available from the State to meet the
cost-share requirements of the program created by
this subsection. In-kind and in-cash contributions
from the State necessary to meet the requirements
of the program may include State and local govern-
ments, private non-profit and for-profit organiza-
tions, and any private group and individual.
(d) COST SHARE REQUIREMENTS.—States eligible
for this program must provide at least 25 percent of the
funds (in-kind and/or in-cash) necessary to negotiate, exe-
cute, maintain, and enforce a contract or easement under
this program.
(e) TERMS OF CONTRACT.—
(1) PERMITTED
ACTIVITIES.—A contract or
easement under this section may permit the fol-
lowing activities on the land subject to the contract
or easement:
(A) The use of common grazing practices
on the enrolled land in a manner that is con-
sistent with maintaining the viability of wet-
lands, riparian areas, and adjacent uplands.
(B) Haying, mowing, or haying for seed
production, except that such uses shall not be
permitted until after the end of the nesting and
brood-rearing seasons for birds in the local area
which are in significant decline or are conserved
pursuant to State or Federal law, as deter-
mined by the Natural Resources Conservation
Service State Conservationist, in consultation
with the State Technical Committee, the State
wildlife agency and the Secretary of the Inte-
rior.
(C) The construction of fire breaks and
fences, including placement of the posts nec-
essary for fences.
(2) PROHIBITED
ACTIVITIES.—Enrolled land
under this section may not be used for the following:
(A) The production of row-crops, fruit
trees, vineyards, or any other agricultural com-
modity that requires breaking the soil surface.
(B) The conduct of any other activities
that would disturb the surface of the land cov-
ered by the contract, including plowing and
disking.
(3) SPECIAL
RULES
FOR
PERMANENT
EASE-
MENTS.—In the case of a permanent easement
under this section, the terms of the easement shall—
(A) permit wetland, grass and shrub res-
toration;
(B) prohibit commercial timber production
or row crop production; and
(C) prohibit development.
(f) PAYMENTS.—The Secretary of Agriculture shall
establish a system to fairly compensate landowners for the
value of an annual incentive payment contract or easement
entered into under this section.
(g) TERM OF CONTRACTS OR EASEMENTS.—
(1) CONTRACTS.—The Secretary is authorized
to enter into annual incentive payment contracts
with State(s) and owners and/or operators of private
land under this section that have a duration of no
less than 10 years and no more than 30 years.
(2) EASEMENTS.—The Secretary is authorized
to purchase 30-year or perpetual easements under
this section from owners and/or operators of private
land.
(h) SPECIAL EMPHASIS.—Special emphasis should be
placed on enrollment of wetlands which are declining or
endangered regionally or nationally, and on those wetlands
which are not adequately protected by local, State, and
Federal statute or regulation, including isolated wetlands.
SEC. 304. CONSERVATION RESERVE PROGRAM.
(a) ENROLLMENT AUTHORITY.—Section 1231 of the
Food Security Act of 1985 (16 U.S.C. 3831) is
amended—
(1) in subsection (a), by striking ‘‘2002’’ and
inserting ‘‘2008’’;
(2) in subsection (b)(3), by striking ‘‘2002’’
and inserting ‘‘2008’’;
(3) in subsection (d)—
(A) by striking ‘‘36,400,000’’ and inserting
‘‘45,000,000’’; and
(B) by striking ‘‘2002’’ and inserting
‘‘2008’’; and
(4) in subsection (h)(1), by striking ‘‘and
2002’’ and inserting ‘‘through 2008’’.
(b) 
ENVIRONMENTALLY-SENSITIVE
LANDS
AND
BUFFER STRIPS.—Section 1231(d) of the Food Security
Act of 1985 (16 U.S.C. 3831(d)) is amended by adding
at the end the following new sentence:
‘‘Of the acreage authorized for enrollment, not less
than 9,000,000 acres shall be used to enroll environ-
mentally-sensitive lands, including buffers and conserva-
tion enhancement program easements; and not less than
5,000,000 acres shall be used to enroll buffers to restore
wetlands, shrublands, grasslands, and other rare habi-
tat.’’.
(c) LIMITED PERMANENT EASEMENT AUTHORITY.—
Section 1231(e) of the Food Security Act of 1985 (16
U.S.C. 3831(e)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(3) 
PERMANENT
EASEMENTS.—Notwith-
standing paragraph (1), the Secretary may enroll up
to 3,000,000 acres in the conservation reserve using
permanent easements to protect critically-important
environmentally-sensitive lands, including 1,000,000
acres for isolated wetlands, and habitats such as na-
tive prairies, native shrublands, small wetlands,
springs, seeps, fens, and other rare and declining
habitats. The Secretary may provide a payment
equal to not more than 14 percent of the cost of en-
rollment to qualified private entities providing tech-
nical assistance, including conservation districts.
‘‘(4) FRUIT AND VEGETABLES.—Producers of
fruits and vegetables, sod, orchards, and specialty
crops shall be eligible for the conservation reserve
program to meet the terms of enrollment in the con-
tinuous enrollment program or the conservation re-
serve enhancement program.
‘‘(5) STATE AND LOCAL ROLE.—The Secretary
shall attempt to implement paragraph (3) of this
section through qualified State and local govern-
ments and non-profit land conservation organiza-
tions.’’.
(d) PASTURE, HAY, AND RANGELANDS.—
(1) ELIGIBLE LANDS.—Section 1231(b) of the
Food Security Act of 1985 (16 U.S.C. 3831(b)) is
amended by striking paragraph (3) and inserting the
following new paragraph:
‘‘(3) pasture, hay, and rangelands if the land
(A) will be restored as wetlands or (B) is in or with-
in 300 feet of a riparian area, will be restored in na-
tive riparian vegetation, and will be managed to pro-
hibit livestock access;’’.
(2) SPECIAL ENROLLMENT AUTHORITY.—Sec-
tion 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) is amended by adding at the end the
following new subsection:
‘‘(i) ENROLLMENT
OF GRASSLANDS
AND RANGE-
LANDS.—
‘‘(1) ENROLLMENT
AUTHORITY.—The Sec-
retary may enroll up to 3,000,000 acres of grass-
lands and rangelands in the conservation reserve if
the conservation plan for the acreage—
‘‘(A) prohibits all economic use, including
emergency haying and grazing;
‘‘(B) ensures a mixture of predominantly
native species;
‘‘(C) will benefit declining, rare, and/or en-
dangered species;
‘‘(D) promotes the establishment of plant
communities that benefit wildlife; and
‘‘(E) contributes to improvement in water
quality.
‘‘(2) RELATION
TO
OTHER
ENROLLMENTS.—
Lands enrolled under the authority of this sub-
section shall be in addition to any lands enrolled
pursuant to subsection (b)(3).’’.
(e) 
CONTINUOUS
ENROLLMENT
OF
BUFFER
STRIPS.—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 paragraphs:
‘‘(5) CONTINUOUS
ENROLLMENT
OF
BUFFER
STRIPS
AND
SMALL
WETLANDS.—The Secretary
shall allow continuous enrollment of small wetlands
(5 acres or less) and buffers whose width and vege-
tation is designed to provide significant wildlife or
water quality benefits, as determined by the Sec-
retary.
‘‘(6) CONTOUR
STRIPS.—The Secretary shall
extend these incentives to contour buffer strips and
other in-field strip practices.
‘‘(7) IRRIGATED LANDS.—Irrigated lands shall
be enrolled at irrigated land rates unless the Sec-
retary determines that other compensation is appro-
priate.’’.
(f) EXCEPTION
TO PAYMENT LIMITATION.—Pay-
ments made in connection with the enrollment of lands
pursuant to the continuous enrollment or the conservation
reserve enhancement program shall not be subject to any
payment limitations.
(g) NATIVE SEED COLLECTION.—The collection of
native seeds is permitted on lands enrolled in the Con-
servation Reserve Program.
SEC. 305. CONSERVATION OF PRIVATE GRAZING LANDS.
Section 386 of the Federal Agriculture Improvement
and Reform Act of 1996 (16 U.S.C. 2005b) is amended
by striking subsection (f) and inserting the following new
subsections:
‘‘(f) INCENTIVE PAYMENTS.—The Secretary may
enter into 5-year, 10-year and 20-year contracts with
landowners to provide financial assistance for landowner
efforts to improve the ecological health of grazing lands,
including practices that reduce erosion, employ prescribed
burns, restore riparian area, control or eliminate exotic
species, reestablish native grasses, or otherwise enhance
wildlife habitat.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$100,000,000 for each of the fiscal years 2003 through
2008 from the Commodity Credit Corporation.’’.
SEC. 306. GRASSLAND RESERVE PROGRAM.
(a) IN GENERAL.—The Secretary of Agriculture shall
establish a program to use contracts and easements to
protect 3,000,000 acres of environmentally-critical grass-
lands, shrublands, and blufflands. At least half of the
acres may be enrolled using permanent easements, and the
balance shall be enrolled in contracts through which the
Secretary shall provide assistance and incentive payments.
(b) ELIGIBLE LANDS.—Land shall be eligible to be
enrolled in the program if the Secretary of Agriculture de-
termines that the land—
(1) is native grass or native shrubs;
(2) is located in area that has been historically
dominated by native grass or shrubland and has po-
tential to serve as habitat for animal or plant popu-
lations of significant ecological value if the land is
restored to native grass or native shrubland; or
(3) is incidental to land described in paragraph
or if the Secretary also determines that enrollment
of the incidental land is necessary for the efficient
administration of the other land to ensure the suc-
cess of maintaining or restoring native grassland or
native shrubland.
(c) TERMS OF CONTRACT.—
(1) IN
GENERAL.—The Secretary shall enter
into contracts of 10 years through which the Sec-
retary may provide the costs of management prac-
tices and incentive payments.
(2) PERMITTED
ACTIVITIES.—A contract or
easement under this section may permit the fol-
lowing activities on the land subject to the contract
or easement:
(A) The use of common grazing practices
on the enrolled land in a manner that is con-
sistent with maintaining the viability of native
grass and shrub species and native wildlife spe-
cies indigenous to that locality.
(B) Haying, mowing, or haying for seed
production, except that such uses shall not be
permitted until after the end of the nesting and
brood-rearing seasons for birds in the local area
which are in significant decline or are conserved
pursuant to State or Federal law, as deter-
mined by the Natural Resources Conservation
Service State Conservationist, in consultation
with the State Technical Committee, state wild-
life agency and the US Fish and Wildlife Serv-
ice.
(C) The construction of fire breaks and
fences, including placement of the posts nec-
essary for fences.
(D) Practices which reduce erosion, restore
native species, control and eradicate exotic spe-
cies, enhance habitat for native wildlife, and im-
prove the health of riparian areas.
(2) PROHIBITED
ACTIVITIES.—Enrolled land
under this section may not be used for the following:
(A) The production of row-crops, fruit
trees, vineyards, or any other agricultural com-
modity that requires breaking the soil surface.
(B) The conduct of any other activities
that would disturb the surface of the land cov-
ered by the contract, including plowing and
disking .
(C) Development of homes, businesses or
other permanent structures.
(3) SPECIAL
RULES
FOR
PERMANENT
EASE-
MENTS.—In the case of a permanent easement
under this section, the terms of the easement shall—
(A) permit grass and shrub restoration;
(B) permit the use of common grazing
practices in a manner consistent with maintain-
ing the viability of native grass and shrub spe-
cies and native wildlife species indigenous to
that locality;
(C) prohibit forestry or row crop produc-
tion; and
(D) prohibit development.
(d) ESTABLISHMENT OF CRITERIA.—The Secretary
of Agriculture shall establish criteria to evaluate and rank
applications for the enrollment of land under this section.
In establishing the criteria, the Secretary shall emphasize
support for native grass and shrubland, grazing oper-
ations, and plant and animal biodiversity, and the protec-
tion of large contiguous tracts of working farmland and
ranchland.
(e) PAYMENTS.—The Secretary of Agriculture shall
establish a system to fairly compensate landowners for the
value of a contract or easement entered into under this
section. Easement payments for permanent easements
should be the fair appraised market value of the land
unencumbered by the easement less the appraised market
value of the land encumbered by the easement.
TITLE IV—ORGANIC FARMING
SEC. 401. PROGRAM TO ASSIST TRANSITION TO ORGANIC
FARMING.
(a) ASSISTANCE AUTHORIZED.—The Secretary of
Agriculture shall expand the National Organic Program
to include a voluntary program to assist agricultural pro-
ducers and organic certification organizations in making
the transition from conventional to organic farming and
to reward existing organic farmers. Under the program,
the Secretary may make payments to cover all or a portion
of—
(1) losses incurred while the producer develops
markets for the organic products;
(2) conservation practices related to organic
food production;
(3) certification costs;
(4) technical assistance by qualified third par-
ties;
(5) educational materials;
(6) farm-to-consumer market development; and
(7) monitoring by producers.
(b) LIMIT ON EXPENDITURES.—Payments to new
and existing individual farm and ranch operators shall not
exceed $5,000 per year and payments shall not be made
to individual farm and ranch operators in more than three
fiscal years.
(c) ORGANIC CERTIFICATION REIMBURSEMENT PRO-
GRAM.—The Secretary shall establish a national organic
certification program to reimburse producers for the cost
of organic certification. To expedite certification, certified
organic farmers shall be eligible for a direct reimburse-
ment of up to $500 by the Secretary of certification costs,
so long as producers present an organic certificate and
receipt.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated from the Commodity Credit
Corporation to carry out this section $100,000,000 for
each of the fiscal years 2003 through 2008.
TITLE V—FORESTRY
SEC. 501. FOREST STEWARDSHIP PROGRAM.
(a) ENROLLMENT AUTHORITY
AND FUNDING IN-
CREASE.—Section 5 of the Cooperative Forestry Assist-
ance Act of 1978 (16 U.S.C. 2103a) is amended—
(1) in subsection (b)—
(A) by striking ‘‘25,000,000’’ and inserting
‘‘75,000,000’’; and
(B) by striking ‘‘by December 31, 1995’’;
and
(2) in subsection (h), by inserting after ‘‘1995,’’
the following: ‘‘$270,000,000 for each of the fiscal
years 2003 through 2008,’’.
(b) ALTERNATIVE ACTIONS.—Section 5(d) of the Co-
operative Forestry Assistance Act of 1978 (16 U.S.C.
2103a(d)) is amended—
(1) by striking ‘‘IMPLEMENTATION.—’’ and in-
serting ‘‘INFORMATION AND PROFESSIONAL ASSIST-
ANCE.—’’;
(2) by inserting ‘‘and’’ at the end of paragraph
(2); and
(3) by striking paragraphs (3) and (4) and in-
serting the following new paragraph:
‘‘(3) promoting sustainable timber manage-
ment.’’.
(c) NEW ELEMENTS OF PROGRAM.—Section 5 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103a) is amended—
(1) by redesignating subsections (e), (f), (g),
and (h) as subsections (j), (k), (l), and (m), respec-
tively; and
(2) by inserting after subsection (d) the fol-
lowing new subsections:
‘‘(e) COST SHARING OF NEW LAND MANAGEMENT
PRACTICES.—
‘‘(1) FINANCIAL
ASSISTANCE.—The Secretary
shall use not less than $150,000,000 of the amount
appropriated for a fiscal year pursuant to the au-
thorization of appropriations in subsection (m) to
share the cost of land management practices that
improve water quality and wildlife habitat. The Sec-
retary shall consider the extent to which States have
adopted minimum mandatory forestry practices
when making allocations of such funds to States.
‘‘(2) ELIGIBLE PRACTICES.—Practices that are
eligible for funding under this subsection include the
following:
‘‘(A) Natural forest regeneration.
‘‘(B) Prescribed burns.
‘‘(C) Native species restoration, including
the restoration of longleaf pine, ponderosa pine,
chestnut, and atlantic white cedar.
‘‘(D) Selective harvesting.
‘‘(E) Stream and watershed restoration.
‘‘(F) Road retirement.
‘‘(G) Exotic species control.
‘‘(H) Permanent conservation easements.
‘‘(3) NON-FEDERAL SHARE.—The non-Federal
share of projects implemented under this subsection
shall be 15 percent, which may be satisfied through
in-kind contributions.
‘‘(f) EASEMENTS.—Not more than 20 percent of the
funds available under this section may be used to acquire
perpetual easements, and half of these funds may be used
to acquire easements which permit sustainable timber
management.
‘‘(g) TECHNICAL ASSISTANCE.—The Secretary may
use up to $100,000,000 of the amount appropriated for
a fiscal year pursuant to the authorization of appropria-
tions in subsection (m) to provide technical assistance to
private landowners implementing practices that improve
water quality and wildlife habitat. Not more than
$1,000,000 in technical assistance funding may be pro-
vided in the form of grants to qualified third-parties for
the purpose of implementing independent certification pro-
grams.
‘‘(h) WATERSHED FORESTRY INITIATIVE.—The Sec-
retary may use up to $20,000,000 of the amount appro-
priated for a fiscal year pursuant to the authorization of
appropriations in subsection (m) to make grants to fi-
nance private, nonindustrial forestry activities that en-
hance the quality of municipal water supplies.
‘‘(i) REGIONAL AND WATERSHED PLANNING.—The
Secretary shall make information on lands affected by
Federal easement and incentive programs available to fa-
cilitate regional planning, and shall promote efforts to
identify high priority watersheds.’’.
SEC. 502. URBAN AND COMMUNITY FORESTRY.
Section 9 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2105) is amended by striking sub-
section (i) and inserting the following new subsection:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$100,000,000 for each of the fiscal years 2003 through
2008.’’.
SEC. 503. ELIMINATION OF REPETITION IN FEDERAL COOP-
ERATIVE FORESTRY ASSISTANCE PROGRAMS.
The Secretary of Agriculture shall combine existing
Federal cooperative forestry assistance programs, includ-
ing the programs authorized by sections 6 and 9 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103b, 2105), into a single forest stewardship program
designed to promote the health of private, nonindustrial
forests by providing financial and technical assistance to
landowners to improve water quality, wildlife habitat, and
the preservation of open space near urban areas.
TITLE VI—TECHNICAL
ASSISTANCE
SEC. 601. CONSERVATION TECHNICAL ASSISTANCE.
16 U.S.C. 590(a) is amended by inserting the fol-
lowing: ‘‘There is hereby authorized to appropriated from
the Commodity Credit Corporation $964,000,000 for each
of the fiscal years 2003 through 2008 to provide technical
assistance to farm and ranch operators.’’.
SEC. 602. REIMBURSEMENT FOR PROGRAM ADMINISTRA-
TION AND OUTREACH.
Subtitle E of title XII of the Food Security Act of
1985 (16 U.S.C. 3841 et seq.) is amended to read as fol-
lows:
‘‘Subtitle E—Funding and
Administration
‘‘SEC. 1241. FUNDING.
‘‘(a) MANDATORY EXPENSES; TECHNICAL ASSIST-
ANCE.—
‘‘(1) FUNDING.—The Secretary shall allocate
funding from the Commodity Credit Corporation for
the provision of technical assistance to allow for full
reimbursement of actual costs.
‘‘(2) ELIGIBLE PROGRAMS.—Programs author-
ized for this funding include—
‘‘(A) Environmental Quality Incentives
Program;
‘‘(B) Wildlife Habitat Incentives Program;
‘‘(C) Conservation Reserve Program;
‘‘(D) Wetlands Reserve Program;
‘‘(E) Farmland Protection Program;
‘‘(F) Agricultural Management Assistance
Program authorized under the Agricultural
Risk Management Act of 2000; and
‘‘(G) any other conservation programs ad-
ministered through CCC for which technical as-
sistance is required.
‘‘(3) APPROVED REIMBURSEMENTS.—
‘‘(A) providing an eligibility assessment of
the farming or ranching operation of the pro-
ducer as a basis for developing the plan;
‘‘(B) providing technical assistance in de-
veloping and implementing the plan;
‘‘(C) providing technical assistance for de-
signing and implementing 1 or more structural
practices or 1 or more land management prac-
tices, as appropriate; and
‘‘(D) providing the producer with informa-
tion, education, and training to aid in imple-
mentation of the plan.’’.
SEC. 603. TECHNICAL ASSISTANCE BY OTHERS.
Section 1243(d) of the 96 Farm Bill is deleted and
replaced with the following:
‘‘(a) TECHNICAL ASSISTANCE BY OTHERS.—
‘‘(1) GENERALLY.—The Secretary shall con-
tract with conservation districts, extension service
employees, qualified nonprofit organizations, and
other parties certified by the Secretary to provide
technical assistance to landowners, so long as these
organizations and individuals have been certified by
the Secretary to provide technical assistance and
these organizations and individuals comply with
Federal guidelines for providing such assistance.
‘‘(2) GUIDELINES
AND
CERTIFICATION.—The
Secretary shall develop guidelines to train and cer-
tify third-parties to provide technical assistance.
‘‘(3) QUALIFIED NONPROFIT ORGANIZATIONS.—
Qualified nonprofit organizations shall include orga-
nizations whose missions primarily promote the
stewardship of working farmland and ranchland.
‘‘(4) QUALITY
ASSURANCE
PROGRAM.—The
Secretary shall establish a program to assess the
quality of the technical assistance provided by third
parties
‘‘(5) NATIONAL TRAINING CENTERS.—To facili-
tate the training and certification of Federal and
non-Federal employees and qualified third parties,
the Secretary shall establish training centers in the
following cities:
‘‘(A) Fresno, California.
‘‘(B) Platteville, Wisconsin.
‘‘(C) College Station, Texas.
‘‘(D) Ithaca, New York.
‘‘(E) Pullman, Washington.
‘‘(F) Orono, Maine.
‘‘(G) Gainesville, Florida.
‘‘(H) College Park, Maryland.
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There is hereby authorized to be appropriated from
the Commodity Credit Corporation $50,000,000 to
carry out this subsection for each of the fiscal years
2003 through 2008.’’.
SEC. 604. CONSERVATION PRACTICE STANDARDS.
The Secretary of Agriculture shall revise standards
and, when necessary, establish standards for eligible con-
servation practices to include measurable goals for en-
hancing natural resources, including innovative practices.
In particular, the Secretary shall immediately revise the
National Handbook of Conservation Practices and field of-
fice technical guides, and shall update the Handbook and
technical guides to reflect the best available science at
least once every five years.
TITLE VII—MISCELLANEOUS
CONSERVATION PROVISIONS
SEC. 701. REGIONAL EQUITY.
16 U.S.C. 3830 is amended—
(1) by inserting the following ‘‘In carrying out
the programs in the Environmental Conservation
Acreage Reserve Program, the Secretary shall recog-
nize the importance of regional equity, and the im-
portance of accomplishing many conservation objec-
tives that can sometimes only be achieved on land of
high value. Not later than October 1, 2002, the Sec-
retary shall reform compensation and other policies
to ensure that the enrollment of lands in ECARP
are equitable on a regional basis.’’; and
(2) by inserting ‘‘(D) the grassland preservation
and enhancement program.’’.
SEC. 702. CONSERVATION PROGRAM PERFORMANCE RE-
VIEW AND EVALUATION.
(a) PERFORMANCE EVALUATION AS A CONDITION ON
PAYMENTS.—As a condition on the receipt of rental or
incentive payments, a landowner or operator shall work
with the Secretary, state and local governments, and local
interests to develop a watershed-based or other scientif-
ically appropriate evaluation program to measure the ben-
efits of the conservation practices implemented using the
payments.
(b) PROGRAM REQUIREMENTS.—An evaluation pro-
gram shall be deemed to satisfy the requirements of sub-
section (a) if the Secretary determines that—
(1) the evaluation program is administered by
a voluntary organization possessing no direct or in-
direct regulatory authority;
(2) the membership of the organization admin-
istering the evaluation program is representative of
interests within the watershed or other appropriately
scaled geographical framework, including tribal, pri-
vate, public, governmental, and nonprofit interests,
as well as existing special purpose districts, as ap-
propriate;
(3) the evaluation program has available to it,
through its members or through cooperation with
other Federal and non-Federal entities, the expertise
necessary to perform the functions identified in this
section; and
(4) the organization administering the evalua-
tion program has adopted procedures to ensure pub-
lic participation in the organization’s activities.
(c) PRIORITIZATION.—The Secretary shall use infor-
mation collected through the evaluation programs required
by this section to identify and rank measures needed to
improve water quality, habitat, or other environmental
goals that the programs seek to promote.
(d) EVALUATION GUIDELINES.—The Secretary shall
work with the National Academy of Sciences to develop
guidelines to evaluate the benefits of conservation prac-
tices.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated from the Commodity Credit
Corporation for each of the fiscal years 2003 through
2008 $10,000,000 to carry out the performance moni-
toring.
(f) PRIVACY OF DATA COLLECTED.—Data collected
pursuant to this section is not subject to the mandatory
disclosure provisions of section 552 of title 5, United
States Code, but may be used in an aggregate form to
measure expected benefits.
TITLE 
VIII—CONSERVATION
CORRIDOR DEMONSTRATION
PROGRAM
SEC. 801. DEMONSTRATION PROGRAM TO PROMOTE AND
SUPPORT 
ECOSYSTEM- 
AND 
WATERSHED-
BASED CONSERVATION.
(a) ESTABLISHMENT AND PURPOSE.—
(1) IN
GENERAL.—Recognizing the leveraged
benefit of an ecosystem-based application of the De-
partment of Agriculture conservation programs spec-
ified in paragraph (2), the increasing and extraor-
dinary threats to economically important agriculture
in many areas of the United States, and the impor-
tance of local involvement in the protection of eco-
nomically and ecologically important agricultural
lands, the Secretary of Agriculture shall establish a
Conservation Corridor Demonstration Program to fi-
nance private land incentive contracts, acquire ease-
ment and development rights, and finance water
quality, forestry, and wildlife incentives, as provided
for in such conservation programs.
(2) COVERED CONSERVATION PROGRAMS.—The
Department of Agriculture conservation programs
referred to in paragraph (1) are the following:
(A) The environmental quality incentives
program authorized by chapter 3 of subtitle D
of title XII of the Food Security Act of 1985
(16 U.S.C. 3839aa et seq.).
(B) The wildlife habitat incentives program
authorized by section 387 of the Federal Agri-
culture Improvement and Reform Act of 1996
(16 U.S.C. 3836a).
(C) The wetlands reserve program author-
ized by subchapter C of chapter 1 of subtitle D
of title XII of the Food Security Act of 1985
(16 U.S.C. 3837 et seq.).
(D) The conservation reserve program au-
thorized by subchapter B of chapter 1 of sub-
title D of title XII of the Food Security Act of
1985 (16 U.S.C. 3831 et seq.).
(E) The forest stewardship program au-
thorized by section 5 of the Cooperative For-
estry Assistance Act of 1978 (16 U.S.C.
2103a).
(F) The urban and community forestry as-
sistance program authorized by section 9 of the
Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2105).
(G) Other conservation programs adminis-
tered by the Secretary of Agriculture.
(b) LOCATION OF CONSERVATION CORRIDOR.—With-
in 90 days after the date of the enactment of this Act,
the Secretary shall identify one or more priority regions,
as defined and delineated by watershed or ecosystem, and
potentially consisting of several States within which the
Conservation Corridor Program will be carried out. In
identifying a priority region for inclusion in the Program,
the Secretary shall cooperate with State agencies respon-
sible for natural resource and agriculture to develop maps
and descriptions of economically and ecologically impor-
tant agricultural lands that are under increasing and ex-
traordinary threats and whose protection is a high pri-
ority.
(c) MEMORANDUM OF AGREEMENT.—As part of the
Conservation Corridor Program in a priority region, the
Secretary may enter into a memorandum of agreement
with the States in that region that—
(1) guarantees specific resources for implemen-
tation of the Program;
(2) establishes different or automatic enroll-
ment criteria than otherwise established by regula-
tion or policy, for specific levels of enrollments of
specific conservation programs within the region;
(3) establishes different compensation rates to
the extent the parties to the agreement consider jus-
tified;
(4) establishes different conservation practice
criteria if doing so will achieve greater conservation
benefits;
(5) provides more streamlined and integrated
paperwork requirements; and
(6) otherwise alters or waives any other require-
ment established by policy and regulation to the ex-
tent not inconsistent with the statutory requirements
of an individual conservation program.
SEC. 802. CONSERVATION PLAN.
(a) PREPARATION.—To be eligible to participate in
the Conservation Corridor Program, a State located within
a priority region identified under section 801(b) shall pre-
pare a conservation plan that describes efforts to prioritize
and link Federal, State, and local natural resources that—
(1) improve the economic viability of agriculture
by protecting contiguous tracts of land;
(2) improve the ecological integrity of the eco-
systems or watersheds within the region by linking
land with high ecological and natural resource value;
and
(3) provide for a memorandum of agreement
among the States in the priority region that accom-
modates ecosystem boundaries.
(b) CONSULTATION.—The conservation plan shall be
prepared in consultation with the National Resources In-
ventory of the Natural Resources Conservation Service.
(c) SUBMISSION
AND REVIEW.—The conservation
plan shall be submitted to the Secretary for review within
six months after the inclusion of the priority area in the
Conservation Corridor Program. Within 30 days of receipt
of the conservation plan, the Secretary shall review the
plan and approve it for implementation and funding under
the Conservation Corridor Program if the Secretary deter-
mines that the plan and memorandum of agreement meet
the criteria specified in subsection (d).
(d) CRITERIA FOR PROGRAM.—The Secretary may
approve the conservation plan of a State for implementa-
tion and funding under the Conservation Corridor Pro-
gram only if, as determined by the Secretary, the plan pro-
vides for each of the following:
(1) Actions taken under the conservation plan
are voluntary and require the consent of willing
landowners.
(2) Enrollments through the Conservation Cor-
ridor Program are of lands of exceptionally high ag-
ricultural or ecological value, as defined by the nat-
ural resource and agriculture agencies of the State
or States in which the Program is located.
(3) The Conservation Corridor Program pro-
vides benefits greater than the benefits that would
likely be achieved through individual application of
the Federal conservation programs because of such
factors as—
(A) ecosystem- or watershed-based enroll-
ment criteria;
(B) lengthier conservation commitments;
(C) integrated treatment of special natural
resource problems, including preservation and
enhancement of natural resource corridors; and
(D) improved economic viability for agri-
culture.
(4) Staffing and marketing, considering both
Federal and non-Federal resources, are sufficient to
assure program success.
(e) IMPLEMENTATION.—Within 30 days of the ap-
proval of the conservation plan of a State under this sec-
tion, the Secretary shall begin to provide funds for the
implementation of the Conservation Corridor Program in
the ecosystem, watershed, or region described in the con-
servation plan.
SEC. 803. FUNDING REQUIREMENTS.
(a) COST-SHARING.—As a further condition on the
approval of the conservation plan submitted by a State
under section 802, the Secretary shall require the State
to contribute a specific dollar amount toward, or percent-
age of, the total cost of the project or activity funded
under the Conservation Corridor Program, as required by
the Department of Agriculture conservation program pro-
viding the Federal portion of the funds for the project or
activity.
(b) EXCEPTION.—The Secretary may reduce the
cost-share requirement in the case of a specific activity
under the Conservation Corridor Program upon dem-
onstration that the project or activity is likely to achieve
extraordinary natural resource benefits, as defined by the
natural resource and agriculture agencies of the State in
which the project or activity is conducted.
(c) COORDINATION.—Non-Federal interests contrib-
uting financial resources for the Conservation Corridor
Program shall implement streamlined paperwork require-
ments and other procedures to allow for integration with
the Federal programs for participants in the Program.
(d) RESERVATION OF FUNDS.—For each of the fiscal
years 2003 through 2008, the Secretary shall reserve for
obligation and expenditure under the Conservation Cor-
ridor Program a percentage of the funds made available
to the Secretary to carry out conservation programs ad-
ministered by the Secretary.
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