I 
109TH CONGRESS 
2D SESSION 
H. R. 6193 
To continue and expand upon previous congressional efforts to ensure an 
abundant and affordable supply of fruits, vegetables, tree nuts, and 
other specialty crops for American consumers and international markets, 
to enhance the competitiveness of United States-grown specialty crops, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2006 
Mr. POMBO (for himself, Mr. CARDOZA, Mr. PUTNAM, Mr. SALAZAR, Mr. 
RENZI, Mr. KUHL of New York, Mr. WALSH, Mrs. BONO, Ms. HOOLEY, 
Mr. COSTA, Mr. HINCHEY, Mr. CARNAHAN, Mr. BOYD, Mr. BROWN of 
South Carolina, Mr. CASE, Mr. DOGGETT, Mr. ENGLISH of Pennsylvania, 
Mr. FARR, Mr. FOLEY, Mr. HALL, Ms. HARRIS, Mr. HASTINGS of Wash-
ington, Mr. HIGGINS, Mr. HINOJOSA, Ms. KAPTUR, Mr. LARSEN of 
Washington, Mr. LARSON of Connecticut, Mr. MCHUGH, Mr. MCINTYRE, 
Mr. MICHAUD, Mr. NUNES, Mr. PLATTS, Mr. RADANOVICH, Mr. REY-
NOLDS, Mrs. TAUSCHER, Mr. BOUCHER, Mr. BACA, Mr. GALLEGLY, Mr. 
WU, Mr. THOMPSON of California, Mr. ISSA, Mr. MARIO DIAZ-BALART 
of Florida, Mr. SCHWARZ of Michigan, Mr. BLUMENAUER, Mr. ALLEN, 
Mr. WALDEN of Oregon, Mr. GOODE, Ms. WOOLSEY, Mrs. KELLY, and 
Mr. GILCHREST) introduced the following bill; which was referred to the 
Committee on Agriculture, and in addition to the Committees on Edu-
cation and the Workforce, Energy and Commerce, Ways and Means, and 
Resources, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To continue and expand upon previous congressional efforts 
to ensure an abundant and affordable supply of fruits, 
vegetables, tree nuts, and other specialty crops for Amer-
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ican consumers and international markets, to enhance 
the competitiveness of United States-grown specialty 
crops, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Equitable Agriculture Today for a Healthy America Act’’ 
or the ‘‘EAT Healthy America Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
TITLE I—COMMODITY-RELATED PROVISIONS 
Sec. 101. Flexible payment limitations for disaster payments to reflect vari-
ations in cost of production and crop value. 
Sec. 102. Adjusted gross income limitations on receipt of disaster assistance by 
first handlers of specialty crops. 
Sec. 103. Equitable treatment of specialty crop producers in distribution of dis-
aster assistance. 
Sec. 104. Tree assistance program. 
TITLE II—CONSERVATION 
Sec. 201. Conservation reserve program. 
Sec. 202. Wetlands reserve program. 
Sec. 203. Funding for Farmland Protection Program. 
Sec. 204. Grassland reserve program. 
Sec. 205. Wildlife habitat incentive program. 
Sec. 206. Environmental quality incentives program. 
Sec. 207. Integrated pest management initiative. 
Sec. 208. Technical assistance under Department of Agriculture conservation 
programs. 
Sec. 209. Pilot program regarding native plants habitat restoration and endan-
gered or threatened plant species recovery. 
Sec. 210. Exclusion of payments under Department of Agriculture conservation 
programs from adjusted gross income limitation. 
TITLE III—TRADE 
Sec. 301. Technical assistance for specialty crops. 
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Sec. 302. Coordination of trade objectives between key agencies. 
Sec. 303. Market access program. 
Sec. 304. Grant program for market analysis related to anti-dumping and coun-
tervailing duty cases involving specialty crops. 
Sec. 305. Sense of Congress regarding certain antitrust laws applicable to agri-
culture. 
TITLE IV—INVASIVE PESTS AND DISEASES 
Sec. 401. Threat identification and mitigation program. 
Sec. 402. Emergency eradication programs. 
Sec. 403. Animal and Plant Health Inspection Service Export Division. 
Sec. 404. Consultations on sanitary and phytosanitary restrictions for fruits 
and vegetables. 
Sec. 405. Multi-species fruit fly research and sterile fly production. 
TITLE V—NUTRITION 
Sec. 501. Findings. 
Sec. 502. Expansion of Fresh Fruit and Vegetable Program. 
Sec. 503. Fruit and Vegetable Nutrition Promotion Program. 
Sec. 504. Use of ‘‘Dietary Guidelines for Americans’’ in special nutrition pro-
grams and school lunch programs. 
Sec. 505. Section 32 specialty crop purchases. 
Sec. 506. School preference study. 
Sec. 507. Independent evaluation of Department of Agriculture commodity pur-
chase process. 
Sec. 508. Amendments to the food stamp program. 
Sec. 509. Sense of the congress regarding nutritional supplements. 
Sec. 510. Food stamp fruit and vegetable ebt pilot project. 
TITLE VI—AGRICULTURAL RESEARCH 
Sec. 601. Specialty Crops Economic and Policy Research Institute. 
Sec. 602. Development of specialty crop priority for the National Research Ini-
tiative. 
Sec. 603. Establishment of specialty crop research grants program for pro-
ducers to improve efficiency and competitiveness. 
Sec. 604. National Clean Plant Network. 
Sec. 605. Prioritizing current Federal research activities for specialty crops. 
TITLE VII—RENEWABLE ENERGY 
Sec. 701. Inventory of specialty crop biomass waste as part of annual assess-
ment of renewable energy resources. 
Sec. 702. Department of Agriculture bioenergy program. 
Sec. 703. Grants for development of business plans and construction projects 
to use specialty crop biomass waste for electric energy, useful 
heat, transportation fuels, petroleum-based product substitutes, 
and other commercial purposes. 
TITLE VIII—MISCELLANEOUS PROVISIONS 
Sec. 801. Specialty crop block grants. 
Sec. 802. Federal Insecticide, Fungicide, and Rodenticide Act; requests by 
State agencies for exemptions. 
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Sec. 803. Protection of intellectual property rights in plants and plant-derived 
material. 
Sec. 804. Grant program to improve transportation infrastructure to reduce 
cost of transportation of specialty crops. 
Sec. 805. Additional funds for Agricultural Marketing Service specialty crop 
market news activities. 
Sec. 806. Value-added grant program to promote creation, expansion, or oper-
ation of value-added processing of specialty crops. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Specialty crop production in the United 
States accounts for $50.8 billion in farmgate value, 
and, according to the Economic Research Service of 
the Department of Agriculture, specialty crops ac-
count for more than 45 percent of the farmgate 
value of all crops produced in the United States. 
(2) Specialty crop producers deserve a competi-
tive and sustainable environment for specialty crop 
production, and the Specialty Crops Competitiveness 
Act of 2004 (Public Law 108–465; 7 U.S.C. 1621 
note) represented an initial attempt to ensure the 
long-term competitiveness and sustainability of 
United States specialty crop production. 
(3) Additional Federal investment in the com-
petitiveness and sustainability of the United States 
specialty crop industry will produce a strong return 
on investment for all of America, not just producers. 
(4) By expanding the market for and avail-
ability of safe, wholesome, healthy, and affordable 
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fruits, vegetables, tree nuts, and other specialty 
crops, Congress can assist Americans in achieving 
the goal of doubling their fruit and vegetable con-
sumption, as called for in the Department of Agri-
culture and Department of Health and Human Serv-
ices 2005 Dietary Guidelines. 
(5) Federal investment in the United States 
specialty crop industry is required to create a fair 
and level playing field with international competitors 
that do not have to comply with the regulatory re-
quirements imposed on United States producers in 
the areas of environmental regulation, labor, food 
safety, and other area. 
(6) Without appropriate and adequate assist-
ance United States specialty crop production may 
relocate to less restrictive foreign growing areas. 
(7) Consumers in United States export markets 
are increasingly demanding high-value specialty food 
products as their disposable income rises, and a 
thriving and competitive United States specialty 
crop industry will support strong growth in export 
markets and improve the United States balance of 
trade. 
(8) In order to realize the goal of increasing ag-
ricultural exports, it is critical that Federal policy 
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and resources support efforts to remove the many 
existing international trade barriers that continue to 
hamper United States specialty crop exports. 
(9) The competitiveness of United States spe-
cialty crop producers also depends on maintaining 
the current restrictions in section 1106 of the Farm 
Security and Rural Investment Act of 2002 (7 
U.S.C. 7916) that prohibits the planting of fruits 
and vegetables and other specialty crops on acres for 
which a producer receives direct payments or 
counter-cyclical payments, including not allowing 
any temporary loss in program benefits as a remedy 
for one year or other short-term shifts to specialty 
crops. 
(b) PURPOSES.—It is the purpose of this Act to build 
upon the success of the Specialty Crops Competitiveness 
Act of 2004 (Public Law 108–465; 7 U.S.C. 1621 note) 
by making additional changes in Federal agriculture policy 
to accomplish the goals of increasing fruit, vegetable, and 
tree nut consumption and improving the competitiveness 
of United States specialty crop producers. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
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(2) The term ‘‘specialty crop’’ means fruits and 
vegetables, tree nuts, dried fruits, and nursery crops, 
including floriculture. 
(3) The term ‘‘State’’ means the several States, 
the District of Columbia, and the Commonwealth of 
Puerto Rico. 
TITLE I—COMMODITY-RELATED 
PROVISIONS 
SEC. 101. FLEXIBLE PAYMENT LIMITATIONS FOR DISASTER 
PAYMENTS TO REFLECT VARIATIONS IN COST 
OF PRODUCTION AND CROP VALUE. 
(a) FLEXIBLE PAYMENT LIMITATIONS.—In lieu of 
using a single, specific dollar amount limitation on the 
total amount of disaster assistance that a producer of spe-
cialty crops may receive under any provision of law, the 
Secretary of Agriculture shall develop and use a series of 
payment limitations that reflect cost-of-production and 
crop value variations. 
(b) USE OF FARM SERVICE AGENCY DATA.—The 
Secretary of Agriculture may use existing data maintained 
by the Department of Agriculture regarding cost of pro-
duction and crop value for various agricultural enterprises. 
(c) APPLICABILITY.—The flexible payment limita-
tions required by subsection (a) shall apply with respect 
to any natural disaster occurring after the date of the en-
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actment of this Act for which disaster assistance is pro-
vided by the Secretary of Agriculture under any provision 
of law to producers of specialty crops. 
SEC. 102. ADJUSTED GROSS INCOME LIMITATIONS ON RE-
CEIPT OF DISASTER ASSISTANCE BY FIRST 
HANDLERS OF SPECIALTY CROPS. 
(a) CHANGE TO APPLICATION OF LIMITATIONS.— 
For purposes of applying the adjusted gross income limita-
tions on the receipt of disaster assistance to a first handler 
of specialty crops, the Secretary of Agriculture shall treat 
income derived by the first handler from the initial prepa-
ration of the specialty crops for marketing and the mar-
keting of the specialty crops as income derived from a 
farming operation. 
(b) FIRST HANDLER DEFINED.—In this section, the 
term ‘‘first handler’’ means a person who— 
(1) receives or otherwise acquires specialty 
crops from a producer and prepares for marketing 
or markets the specialty crops; or 
(2) prepares for marketing and markets spe-
cialty crops produced by the person. 
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SEC. 103. EQUITABLE TREATMENT OF SPECIALTY CROP 
PRODUCERS IN DISTRIBUTION OF DISASTER 
ASSISTANCE. 
In providing disaster assistance to producers suf-
fering losses due to natural disasters, the Secretary of Ag-
riculture shall seek to ensure that— 
(1) producers of specialty crops receive assist-
ance through programs that are designed to meet 
the specific needs of such producers and reflect the 
production practices of such producers; and 
(2) eligibility for assistance and the provision of 
assistance is not be tied to traditional programs of 
the Department of Agriculture, such as direct pay-
ments under section 1103 or 1303 of the Farm Se-
curity and Rural Investment Act of 2002 (7 U.S.C. 
7913, 7953) or crop insurance. 
SEC. 104. TREE ASSISTANCE PROGRAM. 
(a) INCLUSION OF NURSERY TREE GROWERS.— 
(1) ELIGIBILITY.—Section 10201 of the Farm 
Security and Rural Investment Act of 2003 (7 
U.S.C. 8201) is amended— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
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‘‘(3) NURSERY
TREE
GROWER.—The term 
‘nursery tree grower’ means a person that produces 
trees in either containers or in the ground for com-
mercial sale for replanting or grafting by the ulti-
mate purchaser for use in the production of a food 
crop.’’. 
(2) CONFORMING AMENDMENTS.—Subtitle C of 
title X of such Act is amended— 
(A) in section 10202 (7 U.S.C. 8202)— 
(i) in subsection (a), by inserting 
‘‘and nursery tree growers’’ after ‘‘eligible 
orchardists’’; and 
(ii) in subsection (b), by inserting ‘‘or 
nursery tree grower’’ after ‘‘eligible or-
chardist’’; and 
(B) in section 10203 (7 U.S.C. 8203), by 
inserting ‘‘and nursery tree growers’’ after ‘‘eli-
gible orchardists’’. 
(b) INCREASE IN AUTHORIZED AMOUNT OF ASSIST-
ANCE.—Section 10204(a) of such Act is amended by strik-
ing ‘‘$75,000’’ and inserting ‘‘$150,000 per year’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any natural disaster oc-
curring after the date of the enactment of this Act for 
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which assistance is provided by the Secretary of Agri-
culture under the tree assistance program. 
TITLE II—CONSERVATION 
SEC. 201. CONSERVATION RESERVE PROGRAM. 
(a) EXTENSION OF PROGRAM.—Section 1231 of the 
Food Security Act of 1985 (16 U.S.C. 3831) is amend-
ed— 
(1) in subsection (a), by striking ‘‘2007’’ and 
inserting ‘‘2012’’; 
(2) in subsection (d)(1), by striking ‘‘2007’’ 
and inserting ‘‘2012’’; 
(3) in subsection (e)(3), by striking ‘‘2002’’ and 
inserting ‘‘2008’’; and 
(4) in subsection (h)(1), by striking ‘‘2007’’ 
and inserting ‘‘2012’’. 
(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) in paragraph (4), by striking ‘‘or’’ at the 
end of subparagraph (C); 
(3) by striking the period at the end of para-
graph (5) and inserting ‘‘; or’’ 
(4) by adding at the end the following new 
paragraph: 
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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 a 
critically endangered ecosystem or endangered 
ecosystem, as defined by the Secretary.’’. 
(c) USE OF GENERAL SIGNUP PROCESS.—Section 
1231(d) of such Act (16 U.S.C. 3831(d)) is amended by 
adding at the end the following new sentence: ‘‘To the 
maximum extent practicable, the Secretary shall ensure 
that not more than 85 percent of the acres maintained 
in the conservation reserve at any 1 time during the 2008 
through 2012 calendar years are acres that were enrolled 
through general signup under section 1234(c)(2)(A).’’. 
(d) 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 
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(B) by inserting before subparagraph (B), 
as so redesignated, the following new subpara-
graph: 
‘‘(A) to the maximum extent feasible for a 
contract entered into after the date of the en-
actment of the Equitable Agriculture Today for 
a Healthy America Act, approved vegetative 
cover shall not include plant species considered 
invasive to the locale, as determined by the Sec-
retary;’’; 
(2) by redesignating paragraphs (5) through 
(10) as paragraphs (6) through (11); respectively; 
and 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) to undertake appropriate management ac-
tivities on the land, including any necessary haying 
and grazing activities, as needed throughout the 
term of the contract to achieve the purposes of the 
conservation reserve program;’’. 
(e) CONSERVATION PLAN.—Section 1232(b)(1)(A) of 
such Act (16 U.S.C. 3832(b)(1)(A)) is amended by insert-
ing before the semicolon at the end the following: ‘‘, in-
cluding appropriate management activities required by 
subsection (a)(5)’’. 
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(f) 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 measures and practices that will benefit a 
federally or State listed threatened or endangered 
species required under a contract entered into under 
this subchapter’’; 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 control of invasive species, re-
quired under a contract entered into under this sub-
chapter.’’. 
(g) WILDLIFE CRITERIA.—Section 1234(c)(3)(B) of 
such Act (16 U.S.C. 3834(c)(3)(B)) is amended by insert-
ing before the period the following: ‘‘, taking into consider-
ation the recommendations of States concerning species 
or ecosystems that are State priorities for recovery or res-
toration’’. 
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(h) RARE
AND
DECLINING
HABITAT.—Section 
1234(c) of such Act (16 U.S.C. 3834(c)) is amended by 
adding at the end the following new paragraph: 
‘‘(5) RARE
AND
DECLINING
HABITAT.—The 
Secretary may approve a request by a State to es-
tablish continuous enrollment categories for rare and 
declining habitat in specific areas of the State to 
benefit specific State or federally listed threatened 
or endangered species.’’. 
(i) 
RENTAL
PAYMENT
LIMITATIONS.—Section 
1234(f) of such Act (16 U.S.C. 3834(f)) is amended— 
(1) in paragraph (1), by inserting before the pe-
riod at the end the following: ‘‘, except that the Sec-
retary may waive this payment limitation for persons 
participating in a conservation reserve enhancement 
program or cooperative conservation project if the 
Secretary determines such a waiver is necessary to 
achieve the objectives of the conservation reserve en-
hancement program or project’’; and 
(2) in paragraph (4), by adding at the end the 
following new subparagraph: 
‘‘(C) IRRIGATED
LAND.—In determining 
the amount of annual rental payments for own-
ers and operators seeking to enroll irrigated 
land in a conservation reserve enhancement 
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program, the Secretary shall consider the aver-
age rental rate for irrigated land in the area.’’. 
SEC. 202. WETLANDS RESERVE PROGRAM. 
(a) MAXIMUM ENROLLMENT.—Section 1237(b)(1) of 
the Food Security Act of 1985 (16 U.S.C. 3837(b)(1)) 
is amended— 
(1) by striking ‘‘2,275,000 acres’’ and inserting 
‘‘5,000,000 acres’’; and 
(2) by striking ‘‘250,000 acres’’ and inserting 
‘‘320,000 acres’’. 
(b) WETLAND EASEMENT CONSERVATION PLAN.— 
Section 1237A(b)(3) of such Act (16 U.S.C. 3837a(b)(3)) 
is amended by inserting before the semicolon at the end 
the following: ‘‘, including activities necessary to maintain 
hydrologic, habitat, and other functional values’’. 
(c) COST-SHARE AND MANAGEMENT ASSISTANCE.— 
Section 1237C of such Act (16 U.S.C. 3837c) is amend-
ed— 
(1) in subsection (a)(1), by inserting ‘‘including 
necessary hydrologic and habitat maintenance activi-
ties,’’ after ‘‘values,’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(4) MANAGEMENT
COSTS.—The Secretary 
may make payments to owners to cover up to the 
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full actual cost of undertaking any ongoing or peri-
odic management activities necessary to maintain 
the hydrologic, habitat, and other functional values 
of wetland enrolled in the wetlands reserve pro-
gram.’’. 
(d) EASEMENT
PRIORITY
AND
STATE
ALLOCA-
TION.—Section 1237C of such Act (16 U.S.C. 3837c) is 
amended— 
(1) in subsection (d), by striking ‘‘wildlife.’’ and 
inserting ‘‘wildlife, particularly rare species, or im-
proving water quality.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) ALLOCATION TO STATES.—In making alloca-
tions to States to carry out this subchapter, the Secretary 
shall consider to what degree each State gives priority to 
the protection and restoration of habitat for migratory 
birds and other wildlife, particularly rare species including 
threatened, endangered, or candidate species, and for im-
proving water quality.’’. 
(e) CONFORMING AMENDMENT.—Section 1237(c) of 
such Act (16 U.S.C. 3837(c)) is amended by striking 
‘‘2007’’ and inserting ‘‘2012’’. 
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SEC. 203. FUNDING FOR FARMLAND PROTECTION PRO-
GRAM. 
Paragraph (4) of subsection (a) of section 1241 of 
the Food Security Act of 1985 (16 U.S.C. 3841) is 
amended to read as follows: 
‘‘(4) The farmland protection program under 
subchapter B of chapter 2, using $300,000,000 in 
each of fiscal years 2008 through 2012.’’. 
SEC. 204. GRASSLAND RESERVE PROGRAM. 
(a) EXTENSION AND FUNDING.—Paragraph (5) of 
section 1241(a) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)) is amended to read as follows: 
‘‘(5) The grassland reserve program under sub-
chapter C of chapter 2.’’. 
(b) MAXIMUM ENROLLMENT AND LIMITATION ON 
USE
OF RENTAL AGREEMENTS.—Subsection (b)(1) of 
section 1238N of such Act (16 U.S.C. 3838N) is amended 
by striking ‘‘2,000,000 acres’’ and inserting ‘‘10,000,000 
acres’’. 
(c) ENROLLMENT OF CONSERVATION RESERVE PRO-
GRAM LAND.—Section 1238N of such Act (16 U.S.C. 
3838N) is amended by adding at the end the following 
new subsection: 
‘‘(d) ENROLLMENT
OF CONSERVATION RESERVE 
PROGRAM LAND.— 
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‘‘(1) ENROLLMENT
AUTHORIZED.—Subject to 
the eligibility requirements of subsection (c) and all 
other requirements of this subchapter, land enrolled 
in the conservation reserve program may be enrolled 
in the grassland reserve program if the Secretary de-
termines that enrollment of the land will support 
plant and animal biodiversity and advance the other 
objectives of the grassland reserve program. 
‘‘(2) METHOD
OF
ENROLLMENT.—Land en-
rolled in the program under this subsection shall be 
enrolled through long-term agreements or easements 
as described in subsection (b)(2)(A)(ii). 
‘‘(3) PROHIBITION ON DUPLICATION OF PAY-
MENTS.—Land enrolled in the program under this 
subsection shall no longer be eligible for payments 
under the conservation reserve program.’’. 
SEC. 205. WILDLIFE HABITAT INCENTIVE PROGRAM. 
(a) EXTENSION AND FUNDING.—Section 1241(a)(7) 
of the Food Security Act of 1985 (16 U.S.C. 3841(a)(7)) 
is amended by striking subparagraphs (A) through (D) 
and inserting the following new subparagraphs: 
‘‘(A) $100,000,000 in fiscal year 2008; 
‘‘(B) $140,000,000 in fiscal year 2009; 
‘‘(C) $200,000,000 in each of fiscal years 
2010 and 2011; and 
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‘‘(D) $300,000,000 in fiscal year 2012.’’. 
(b) INCREASED COST SHARE AUTHORIZED
FOR 
LONG-TERM AGREEMENTS AND CONTRACTS.—Subsection 
(b)(2)(A) of section 1240N of such Act (16 U.S.C. 
3839bb–1) is amended by striking ‘‘in addition to amounts 
provided under paragraph (1)’’ and inserting ‘‘in an 
amount up to 100 percent of the actual cost of any prac-
tice required by the agreement or contract’’. 
(c) INCENTIVE PAYMENTS
AND PROGRAM PRIOR-
ITIES.—Section 1240N of such Act (16 U.S.C. 3839bb– 
1) is amended by adding at the end the following new sub-
sections: 
‘‘(d) INCENTIVE PAYMENTS FOR AGREEMENTS BEN-
EFITTING LISTED SPECIES.—In a case in which the Sec-
retary enters into an agreement or contract to protect and 
restore habitat for a federally or State-listed endangered, 
threatened, or candidate species, the Secretary may pro-
vide incentive payments to landowners to protect and re-
store the habitat, including the cost of management activi-
ties needed during the term of the agreement or contract. 
‘‘(e) PRIORITIES.—In carrying out this section, the 
Secretary shall give priority to agreements and contracts 
that protect and restore habitat for rare species. 
‘‘(f) RELATION
TO
STATE
WILDLIFE
ACTION 
PLANS.—The Secretary shall ensure that implementation 
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of this section in a State takes into consideration the wild-
life action plan for that State. 
‘‘(g) ALLOCATIONS.—In making allocations to States 
to carry out this chapter, the Secretary shall consider to 
what degree each State gives priority to the protection and 
restoration of habitat under subsection (e) and complies 
with the wildlife action plan for the State under subsection 
(f). 
‘‘(h) COOPERATIVE AGREEMENTS.—To the max-
imum extent practicable, the Secretary shall enter into co-
operative agreements with State wildlife and natural re-
sources agencies to implement this section, including deliv-
ery of technical assistance.’’. 
SEC. 206. ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM. 
(a) EXTENSION.— 
(1) FUNDING
EXTENSION
AND
INCREASE.— 
Section 1241(a) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)) is amended by striking para-
graph (6) and inserting the following new para-
graph: 
‘‘(6) The environmental quality incentives pro-
gram under chapter 4, using, to the maximum ex-
tent practicable— 
‘‘(A) $1,400,000,000 in fiscal year 2008; 
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‘‘(B) $1,600,000,000 in fiscal year 2009; 
‘‘(C) $1,800,000,000 in each of fiscal 
years 2010 and 2011; and 
‘‘(D) $2,000,000,000 in fiscal year 2012.’’. 
(2) CONFORMING AMENDMENTS.—Chapter 4 of 
subtitle D of title XII of such Act is amended— 
(A) in section 1240B(a)(1) (16 U.S.C. 
3839aa–2(a)(1)), by striking ‘‘2007’’ and in-
serting ‘‘2012’’; and 
(B) in subsection 1240G (16 U.S.C. 
3839aa–7), by striking ‘‘2007’’ and inserting 
‘‘2012’’. 
(b) DEMONSTRATION OF STRUCTURAL AND LAND 
MANAGEMENT PRACTICES.— 
(1) ELIGIBILITY.—Section 1240B(a)(2) of the 
Food Security Act of 1985 (16 U.S.C. 3839aa– 
(a)(2)) is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) by striking the period at the end of 
subparagraph (B) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) a producer that demonstrates a struc-
tural or land management practice, including 
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project monitoring, measurement, outreach, or 
education shall be eligible to receive cost-share 
or incentive payments.’’. 
(2) CONFORMING AMENDMENTS.—(A) Section 
1240(3) of such Act (16 U.S.C. 3839aa(3)) is 
amended by striking ‘‘and maintain’’ and inserting 
‘‘, maintain, and demonstrate’’. 
(B) Section 1240F(1) of such Act (16 U.S.C. 
3839aa–6(1)) is amended by striking ‘‘and imple-
menting’’ and inserting ‘‘, implementing, or dem-
onstrating’’. 
(c) BIDDING DOWN.—Section 1240B(c) of the Food 
Security Act of 1985 (16 U.S.C. 3839aa–2(c)) is amended 
by inserting before the period at the end the following: 
‘‘, except that this prohibition does not relieve the Sec-
retary of the obligation to ensure that cost-effectiveness 
is prioritized in the evaluation of offers and payments, as 
provided by section 1240C(1)’’. 
(d) INCENTIVE PAYMENT RATES.—Section 1240B(e) 
of the Food Security Act of 1985 (16 U.S.C. 3839aa– 
2(e)(2)) is amended— 
(1) in paragraph (1), by adding at the end the 
following new sentence: ‘‘The Secretary shall estab-
lish different rates to accommodate variation in the 
cost of practices and product value.’’; and 
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