I
107TH CONGRESS
1ST SESSION
H. R. 1938
To extend and expand conservation programs administered by the Department
of Agriculture.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 2001
Mr. MORAN of Kansas (for himself, Mr. COOKSEY, Mr. HAYES, and Mr. PICK-
ERING) introduced the following bill; which was referred to the Committee
on Agriculture
A BILL
To extend and expand conservation programs administered
by the Department of Agriculture.
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) This Act may be cited as the ‘‘Conservation En-
hancement Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—EXTENSION AND ADDITIONAL FUNDING FOR
CONSERVATION PROGRAMS
Sec. 101. Extension of conservation programs through 2012.
3831) is amended in subsections (a), (b)(3), and (d) by
striking ‘‘2002’’ and inserting ‘‘2012’’.
(2) Section 1232(c) of the Food Security Act of 1985
(16 U.S.C. 3832(c)) is amended by striking ‘‘2002’’ and
inserting ‘‘2012’’.
(c) WETLAND RESERVE PROGRAM.—Section 1237(c)
of the Food Security Act of 1985 (16 U.S.C. 3837(c)) is
amended by striking ‘‘2002’’ and inserting ‘‘2012’’.
(d) ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM.—Section 1240B(a)(1) of the Food Security Act of
1985 (16 U.S.C. 3839aa–2(a)(1)) is amended by striking
‘‘2002’’ and inserting ‘‘2012’’.
(e) WILDLIFE HABITAT INCENTIVES PROGRAM.—
Section 387(c) of the Federal Agriculture Improvement
and Reform Act of 1996 (16 U.S.C. 3836a(c)) is amended
by striking ‘‘1996 through 2002’’ and inserting ‘‘2003
through 2012’’.
SEC. 102. PROVISION OF ADDITIONAL FUNDING.
(a) ENVIRONMENTAL CONSERVATION ACREAGE RE-
SERVE PROGRAM.—Section 1241 of the Food Security Act
of 1985 (16 U.S.C. 3841) is amended—
(1) in subsection (a), by striking ‘‘2002’’ and
inserting ‘‘2012’’;
(2) in subsection (b)(1)—
(A) by striking ‘‘and’’ after ‘‘1996,’’; and
(B) by inserting ‘‘and $500,000,000 for
each of fiscal years 2003 through 2012,’’; and
(3) in subsection (b)(2), by striking ‘‘2002’’
and inserting ‘‘2012’’.
(b) WILDLIFE HABITAT INCENTIVES PROGRAM.—
Section 387(c) of the Federal Agriculture Improvement
and Reform Act of 1996 (16 U.S.C. 3836a(c)) is amended
by striking ‘‘$50,000,000’’ and inserting ‘‘$200,000,000’’.
TITLE 
II—SUBSTANTIVE
CHANGES TO CONSERVATION
PROGRAMS
Subtitle A—Environmental Quality
Incentives Program
SEC. 201. IMPLEMENTATION OF BEST MANAGEMENT PRAC-
TICES.
Section 1240A(2) of the Food Security Act of 1985
(16 U.S.C. 3839aa–1(2)) is amended by adding at the end
the following new sentence: ‘‘The term includes best man-
agement practices approved for use in agricultural produc-
tion by the Secretary.’’.
SEC. 202. TIME FOR PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16
U.S.C. 3839aa–7) is amended by striking subsection (c)
and inserting the following new subsection:
‘‘(c) TIMING OF PAYMENTS.—The Secretary shall
make cost-share payments and incentive payments under
this chapter as soon as possible after the contract between
the producer and the Secretary is executed.’’.
SEC. 203. CONTRACT TERM.
Section 1240B(b)(2) of the Food Security Act of
1985 (16 U.S.C. 3839aa–2(b)(2)) is amended by striking
‘‘5’’ and inserting ‘‘3’’.
SEC. 204. FEDERAL SHARE OF COST-SHARE PAYMENTS.
Section 1240B(e)(1)(A) of the Food Security Act of
1985 (16 U.S.C. 3839aa–2(e)(1)(A)) is amended by strik-
ing ‘‘not more than’’ and inserting ‘‘equal to’’.
SEC. 205. CARRY OVER OF UNOBLIGATED AMOUNTS.
Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(3) MULTI-YEAR AVAILABILITY OF FUNDS.—
Funds made available under paragraph (1) for a fis-
cal year shall remain available until expended.’’.
SEC. 206. CONSERVATION PRIORITY AREAS AND PRIORITY
ISSUES.
(a) REPEAL OF LIMITATION ON ASSISTANCE FOR
CONFINED
ANIMAL
FEEDING
OPERATIONS.—Section
1240B(e)(1) of the Food Security Act of 1985 (16 U.S.C.
3839aa–2(e)(1)) is amended—
(1) by striking subparagraph (B); and
(2) by redesignating subparagraph (C) as sub-
paragraph (B).
(b) RESERVATION OF FUNDS FOR CONSERVATION
PRIORITY AREAS.—Section 1240C of the Food Security
Act of 1985 (16 U.S.C. 3839aa–3) is amended—
(1) by inserting ‘‘(a) PRIORITIES.—’’ before ‘‘In
providing’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) 
LIMITATION.—Notwithstanding 
subsection
(a)(1), the total amount of funds obligated under this
chapter in a fiscal year for land management practices and
structural practices to be implemented, or previously im-
plemented, in conservation priority areas may not exceed
50 percent of total amount of funds available under sec-
tion 1241(b) for that fiscal year.’’.
(c) ADDITIONAL PRIORITY.—Section 1240C of the
Food Security Act of 1985 (16 U.S.C. 3839aa–3) is
amended by inserting after subsection (b), as added by
subsection (a) of this section, the following new sub-
section:
‘‘(c) PRIORITY FUNDING FOR CONFINED LIVESTOCK
FEEDING OPERATIONS.—In addition to the priorities es-
tablished in subsection (a), it is the sense of the Congress
that the Secretary should accord priority to the implemen-
tation of land management practices and structural prac-
tices by producers who own or operate confined animal
feeding operations. The priority so accorded to confined
animal feeding operations should not depend on the size
of the operation.’’.
Subtitle B—Wildlife Habitat
Incentives Program
SEC. 211. PILOT PROGRAMS TO PREVENT LISTING OF EN-
DANGERED SPECIES AND PRESERVE CRIT-
ICAL HABITATS.
Section 387 of the Federal Agriculture Improvement
and Reform Act of 1996 (16 U.S.C. 3836a) is amended—
(1) by redesignating subsection (c) as sub-
section (e); and
(2) by inserting after subsection (b) the fol-
lowing new subsections:
‘‘(c) PILOT PROGRAMS TO PREVENT LISTING OF EN-
DANGERED SPECIES
AND PRESERVE CRITICAL HABI-
TATS.—Of the total amount made available under sub-
section (e) for fiscal years 2003 through 2012, the Sec-
retary shall use $40,000,000 to support pilot programs in-
volving local initiatives to prevent the listing of a fish,
wildlife, or plant species as a threatened species or endan-
gered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) through the preservation or de-
velopment of critical habitat for such species. No more
than two pilot programs may be supported under this sub-
section in any region of the United States.
‘‘(d) EFFECT OF PARTICIPATION.—A person receiv-
ing cost-share payments under subsection (b) or partici-
pating in a pilot program funded under subsection (c)
shall not be penalized or subject to increased land use reg-
ulations if, as a result of the activities undertaken with
the funds provided under this section, a threatened species
or endangered species locates on the preserved or devel-
oped wildlife habitat. Participation in the program, includ-
ing a pilot program funded under subsection (c), is vol-
untary, and a participant shall not lose any rights to con-
trol access to private property on account of the receipt
of a payment under this section.’’.
Subtitle C—Conservation Reserve
Program
SEC. 221. FULL ENROLLMENT OF AUTHORIZED ACREAGE.
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: ‘‘If, as of the date of the enact-
ment of the ll Act of 2001, the maximum authorized
acreage is not yet enrolled, the Secretary shall encourage
additional enrollments so as to achieve enrollment of the
maximum authorized acreage.’’.
SEC. 222. ADDITIONAL PILOT PROGRAM.
Section 1231(b) of the Food Security Act of 1985
(16 U.S.C. 3831(b)) is amended by adding at the end the
following new subsection:
‘‘(i) PILOT PROGRAM TO ADDRESS LOCAL AND RE-
GIONAL CONSERVATION ISSUES.—
‘‘(1) AUTHORIZED
ACREAGE.—The Secretary
may enroll in the conservation reserve under this
subsection up to 10,000,000 acres. Any acreage en-
rolled under this subsection shall not be counted to-
ward maximum enrollment limitation specified in
subsection (d).
‘‘(2) PILOT PROGRAMS AUTHORIZED.—The Sec-
retary shall carry out pilot programs to evaluate the
feasibility of using the conservation reserve program
to support local and regional efforts to preserve
croplands and pasture lands and address conserva-
tion issues. The Secretary may make grants to, or
enter into agreements with, public and private enti-
ties that operate farmland protection programs and
that offer to undertake the enrollment of acreage
under the pilot program.
‘‘(3) MAXIMUM PROGRAM ENROLLMENT.—The
Secretary shall conduct at least 10 pilot programs
under the authority of this section, and not more
than 1,000,000 acres may be enrolled through a sin-
gle pilot program.
‘‘(4) ELIGIBLE
LANDS.—The following lands
are eligible for enrollment under the pilot program:
‘‘(A) Lands described in subsection (b).
‘‘(B) Croplands or pasture lands that are
not otherwise eligible for enrollment, but that
contain habitat suitable for a fish, wildlife, or
plant species that is listed, being considered for
listing, or may be considered for listing as a
threatened species or endangered species under
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
‘‘(5) CONTINUATION OF AGRICULTURAL USE.—
Lands used before enrollment for the production of
an agricultural commodity or the grazing of livestock
may remain in production after enrollment.’’.
SEC. 223. EXPANDED HAYING AND GRAZING.
Section 1232(a)(7)(A) of the Food Security Act of
1985 (16 U.S.C. 3832(a)(7)(A)) is amended—
(1) by striking ‘‘and’’ at the end of clauses (i)
and (ii);
(2) by adding at the end the following new
clauses:
‘‘(iii) harvesting or grazing according
to approved stocking rates or other com-
mercial use of the forage on such land if
the Secretary determines that the har-
vesting or grazing or other commercial use
of the forage will enhance the quality of
the vegetative cover and the harvesting or
grazing or other commercial use of the for-
age is conducted no more frequently than
authorized for other maintenance options;
and
‘‘(iv) grazing on land that is subject
to a contract entered into under the Sec-
retary’s continuous signup authority when
the grazing is incidental to the grazing of
a growing winter-seeded crop; and’’.
SEC. 224. PROTECTION OF FARM PROGRAM BASE.
Section 1236 of the Food Security Act of 1985 (16
U.S.C. 3836) is amended—
(1) by striking subsection (a); and
(2) in subsection (b), by striking ‘‘may provide’’
and inserting ‘‘shall provide’’.
Subtitle D—Wetlands Reserve
Program
SEC. 231. INCREASE IN AUTHORIZED MAXIMUM ENROLL-
MENT.
(a) INCREASE.—Section 1237(b)(1) of the Food Se-
curity Act of 1985 (16 U.S.C. 3837(b)(1)) is amended by
striking ‘‘975,000’’ and inserting ‘‘2,500,000’’.
(b) CONFORMING REPEAL.—Section 808 of the Agri-
culture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Appropriations Act, 2001 (as
enacted by Public Law 106–387; 114 Stat. 1549A–52),
is repealed.
SEC. 232. ENROLLMENT METHODS.
Section 1237(b) of the Food Security Act of 1985
(16 U.S.C. 3837(b)) is amended by striking paragraph (2)
and inserting the following new paragraph:
‘‘(2) METHODS
OF
ENROLLMENT.—The Sec-
retary may enroll up to 1,000,000 acres of eligible
lands into the wetlands reserve program using per-
manent easements, with the remaining authorized
acreage enrolled into 30-year easements or restora-
tion cost-share agreements.’’.
Subtitle E—Conservation Technical
Assistance
SEC. 241. SENSE OF CONGRESS CONCERNING CONSERVA-
TION TECHNICAL ASSISTANCE.
It is the sense of Congress that not less than
$1,000,000,000 should be appropriated the Secretary of
Agriculture each fiscal year to restore staffing and tech-
nical assistance levels for the Natural Resources Conserva-
tion Service to pre-1985 levels since Natural Resources
Conservation Service personnel are the key component
necessary to deliver current and expanded conservation
programs and to assist producers in planning and imple-
menting successful conservation initiatives.
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