I 
113TH CONGRESS 
1ST SESSION H. R. 1890 
To modernize the conservation title of the Food Security Act of 1985, protect 
long-term taxpayer investment, increase small and midsize farmer’s ac-
cess to programs, and prioritize modern-day conservation needs through 
management practices, local engagement, and stewardship. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2013 
Mr. BLUMENAUER (for himself, Mr. FARR, Mr. KIND, Mr. MORAN, Ms. 
SLAUGHTER, Mr. WAXMAN, Mr. HUFFMAN, Mr. DINGELL, Mr. GEORGE 
MILLER of California, Ms. LEE of California, Mrs. CAPPS, Mr. HOLT, 
and Mr. ELLISON) introduced the following bill; which was referred to the 
Committee on Agriculture 
A BILL 
To modernize the conservation title of the Food Security 
Act of 1985, protect long-term taxpayer investment, in-
crease small and midsize farmer’s access to programs, 
and prioritize modern-day conservation needs through 
management practices, local engagement, and steward-
ship. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 101. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Balancing Food, Farm, and the Environment Act of 
2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 101. Short title; table of contents. 
TITLE I—CONSERVATION 
Subtitle A—Definitions 
Sec. 1001. Definitions. 
Subtitle B—Highly Erodible Land Conservation 
Sec. 1101. Program ineligibility. 
Sec. 1102. Exemptions. 
Sec. 1103. Development and implementation of highly erodible land conserva-
tion plans and highly erodible land conservation systems. 
Sec. 1104. Notice and investigation of possible compliance deficiencies. 
Sec. 1105. Enforcement; funding for technical assistance. 
Subtitle C—Wetland Conservation 
Sec. 1201. Program ineligibility. 
Sec. 1202. Delineation of wetlands; exemptions. 
Subtitle D—Conservation Reserve 
Sec. 1301. Conservation reserve. 
Sec. 1302. Contracts. 
Sec. 1303. Conservation reserve easement program. 
Subtitle E—Conservation Stewardship Program 
Sec. 1401. Definitions. 
Sec. 1402. Conservation Stewardship Program. 
Sec. 1403. Stewardship contracts. 
Sec. 1404. Duties of the Secretary. 
Subtitle F—Environmental Quality Incentives Program 
Sec. 1501. Purposes. 
Sec. 1502. Definitions. 
Sec. 1503. Establishment and administration. 
Sec. 1504. Evaluation of Applications. 
Sec. 1505. Environmental quality incentives program plan. 
Sec. 1506. Duties of the Secretary. 
Sec. 1507. Limitation on payments. 
Subtitle G—Conservation Innovation Grant Program 
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Sec. 1601. Conservation innovation grant program. 
Subtitle H—Funding and Administration 
Sec. 1701. Commodity Credit Corporation. 
Sec. 1702. Conservation loan and loan guarantee program. 
Subtitle I—Agricultural Conservation Easement Program 
Sec. 1801. Agricultural conservation easement program. 
Subtitle J—Regional Conservation Partnership Program 
Sec. 1901. Regional conservation partnership program. 
TITLE II—CROP INSURANCE AND DISASTER ASSISTANCE 
Sec. 2001. Ineligibility for Federal crop insurance, noninsured crop disaster as-
sistance, and certain payments because of crop production on 
native sod. 
TITLE III—REPEALS AND TRANSITIONAL PROVISIONS; 
TECHNICAL AND CONFORMING AMENDMENTS; EFFECTIVE DATE 
Sec. 3001. Repeals and transitional provisions. 
Sec. 3002. Technical and conforming amendments. 
Sec. 3003. Effective date. 
TITLE I—CONSERVATION 
Subtitle A—Definitions 
SEC. 1001. DEFINITIONS. 
(a) CONSERVATION SYSTEM.—Section 1201(a)(4) of 
the Food Security Act of 1985 (16 U.S.C. 3801(a)(4)) is 
amended to read as follows: 
‘‘(4) CONSERVATION SYSTEM.—The term ‘con-
servation system’ means a combination of conserva-
tion measures or practices that are based on local 
natural resource and environmental conditions and 
are designed to cost-effectively address one or more 
priority resource concerns.’’. 
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(b) 
HIGHLY
ERODIBLE
LAND.—Section 
1201(a)(11)(A)(ii) of the Food Security Act of 1985 (16 
U.S.C. 3801(a)(11)(A)(ii)) is amended— 
(1) by striking ‘‘excessive’’ before ‘‘average an-
nual rate’’; 
(2) by striking ‘‘in relation to’’ and inserting 
‘‘exceeding’’; and 
(3) by inserting ‘‘revised’’ before ‘‘universal soil 
loss’’. 
(c) COMPREHENSIVE CONSERVATION PLAN; CON-
SERVATION OUTCOME; HIGHLY ERODIBLE LAND CON-
SERVATION PLAN; HIGHLY ERODIBLE LAND CONSERVA-
TION SYSTEM; NUTRIENT-IMPACTED WATERSHED; PRI-
ORITY RESOURCE CONCERN.—Section 1201(a) of the 
Food Security Act of 1985 (16 U.S.C. 3801(a)) is amend-
ed by adding at the end the following new paragraphs: 
‘‘(28) 
COMPREHENSIVE
CONSERVATION 
PLAN.—The term ‘comprehensive conservation plan’ 
means a document that, subject to the unique pur-
poses of each conservation program— 
‘‘(A) identifies priority resource concerns 
that can be effectively addressed through con-
servation activities, practices, systems, and 
management measures on an agricultural oper-
ation; 
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‘‘(B) inventories natural resource and envi-
ronmental conditions related to priority re-
source concerns and establishes benchmark data 
and conservation objectives; 
‘‘(C) determines the most cost-effective 
conservation activities, practices, systems, and 
management measures to be implemented, im-
proved or maintained to address the designated 
priority resource concerns; 
‘‘(D) provides a schedule for planning, im-
plementing, improving, or maintaining the iden-
tified conservation activities, practices, systems, 
and management measures; and 
‘‘(E) contains a description and schedule 
for on-farm activities to evaluate the extent to 
which the planned conservation activities, prac-
tices, systems, and management measures are 
effectively improving the condition of priority 
resource concerns. 
‘‘(29) CONSERVATION
OUTCOME.—The term 
‘conservation outcome’ means a natural resource or 
environmental change that is that is correlated with 
conservation activities. 
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‘‘(30) HIGHLY ERODIBLE LAND CONSERVATION 
PLAN.—The term ‘highly erodible land conservation 
plan’ means the document that— 
‘‘(A) applies to highly erodible land; 
‘‘(B) describes the highly erodible land 
conservation system applicable to the highly 
erodible land and describes the decisions of the 
person with respect to location, land use, tillage 
systems, and conservation treatment measures 
and schedule; and 
‘‘(C) is approved by the local soil conserva-
tion district, in consultation with the local com-
mittees established under section 8(b)(5) of the 
Soil Conservation and Domestic Allotment Act 
(16 U.S.C. 590h(b)(5)) and the Secretary, or 
by the Secretary. 
‘‘(31) HIGHLY ERODIBLE LAND CONSERVATION 
SYSTEM.—The term ‘highly erodible land conserva-
tion system’ means a combination of 1 or more con-
servation measures or management practices that— 
‘‘(A) are based on local resource condi-
tions, available conservation technology, and the 
standards and guidelines contained in the Nat-
ural Resources Conservation Service field office 
technical guides; 
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‘‘(B) are designed to achieve, in a cost ef-
fective and technically practicable manner, a 
substantial reduction in soil erosion or a sub-
stantial improvement in soil conditions on a 
field or group of fields containing highly erod-
ible land when compared to the level of erosion 
or soil conditions that existed before the appli-
cation of the conservation measures and man-
agement practices; 
‘‘(C) at a minimum are designed to 
achieve, within five years of actively applying a 
highly erodible land conservation plan, a level of 
erosion not to exceed twice the soil loss toler-
ance level; and 
‘‘(D) effectively treat all ephemeral gullies. 
‘‘(32) NUTRIENT-IMPACTED WATERSHED.—The 
term ‘nutrient-impacted watershed’ means a water-
shed, including its surface and ground waters, any 
portion of which the Secretary, in consultation with 
officials from State water quality agencies, the Envi-
ronmental Protection Agency, and the United States 
Geological Survey, determines to be degraded, or 
contributing to the degradation of downstream 
waters, due to the presence of excess agricultural 
nutrients. 
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‘‘(33) PRIORITY
RESOURCE
CONCERN.—The 
term ‘priority resource concern’ means a specific im-
pairment to soil, soil quality, water quality, water 
quantity, energy, air quality, biodiversity, or fish, 
wildlife, or pollinator habitat, that, as determined by 
the Secretary— 
‘‘(A) represents a significant environ-
mental, human health, or sustainable agricul-
tural production concern in a State, region, or 
watershed; 
‘‘(B) is likely to be addressed successfully 
through implementation of conservation sys-
tems, practices, or activities by producers on 
land eligible for enrollment in one or more pro-
grams under this title; and 
‘‘(C) if successfully addressed will substan-
tially contribute to the achievement of the pur-
poses of the relevant program or programs 
under this title.’’. 
Subtitle B—Highly Erodible Land 
Conservation 
SEC. 1101. PROGRAM INELIGIBILITY. 
Section 1211(a)(1) of the Food Security Act of 1985 
(16 U.S.C. 3811(a)(1)) is amended— 
(1) in subparagraph (A)— 
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(A) by inserting ‘‘or revenue’’ after 
‘‘price’’; and 
(B) by inserting ‘‘the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8701 et 
seq.),’’ before ‘‘or any other Act’’; 
(2) in subparagraph (C), by striking ‘‘; or’’ and 
inserting a semicolon; 
(3) in subparagraph (D)— 
(A) by striking ‘‘Consolidated’’ before 
‘‘Farm Service Agency’’; and 
(B) by striking the semicolon and inserting 
‘‘; or’’; and 
(4) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) any portion of the premium paid by 
the Federal Crop Insurance Corporation for a 
policy or plan of insurance under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.).’’. 
SEC. 1102. EXEMPTIONS. 
Section 1212(a) of the Food Security Act of 1985 
(16 U.S.C. 3812(a)) is amended— 
(1) by inserting ‘‘highly erodible land’’ before 
‘‘conservation plan’’ each place it appears; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
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(i) by striking ‘‘Soil Conservation 
Service’’ and inserting ‘‘Natural Resources 
Conservation Service’’; and 
(ii) by inserting ‘‘, or premium sub-
sidies,’’ after ‘‘loans, payments, and bene-
fits’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) ELIGIBILITY BASED ON COMPLIANCE WITH 
HIGHLY ERODIBLE LAND CONSERVATION PLAN.— 
‘‘(A) IN GENERAL.—If, as of January 1, 
1990, or 2 years after the Soil Natural Re-
sources Conservation Service has completed a 
soil survey for the farm, whichever is later, a 
person is actively applying a highly erodible 
land conservation plan, such person shall have 
until January 1, 1995, to comply with the plan 
without being subject to program ineligibility. 
‘‘(B) 
MINIMIZATION
OF
DOCUMENTA-
TION.—In carrying out this subsection, the Sec-
retary, the Natural Resources Conservation 
Service, and local soil conservation districts 
shall minimize the quantity of documentation a 
person must submit to comply with this para-
graph. 
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‘‘(C) CROP INSURANCE.—If a person first 
becomes subject to section 1211(a) solely due to 
a premium payment described in paragraph 
(1)(E) of such section, the person shall have 
until January 1 of the fifth year beginning 
after the date on which the person first became 
subject to such section to develop and comply 
with an approved highly erodible land conserva-
tion plan for the land on which the person pro-
duces an agricultural commodity covered by a 
policy or plan of insurance supported by such 
premium payment.’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘only’’ after ‘‘subtitle 
D shall’’; and 
(ii) by striking ‘‘. The person shall not 
be required to meet a higher conservation 
standard than’’ and inserting ‘‘consistent 
with’’; 
(3) in subsection (b), by inserting ‘‘, or pre-
mium subsidies,’’ after ‘‘and benefits’’; 
(4) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘, or premium subsidies,’’ after 
‘‘and benefits’’; 
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(B) in paragraph (1), by inserting ‘‘highly 
erodible land’’ before ‘‘conservation system’’ 
each place it appears; and 
(C) in paragraphs (1), (2), and (3), by 
striking ‘‘Soil Conservation Service’’ each place 
it appears and inserting ‘‘Natural Resources 
Conservation Service’’; 
(5) in subsection (f)— 
(A) in paragraph (1), by inserting ‘‘, or 
premium subsidies,’’ after ‘‘benefits’’; and 
(B) in paragraph (4)(B), by inserting ‘‘and 
premium subsidies’’ after ‘‘benefits’’; and 
(6) in subsection (g) by amending paragraph 
(2) to read as follows: 
‘‘(2) concerning conservation technical and fi-
nancial assistance options and conservation loan op-
tions that may be available to such individual to 
meet the requirements of this section.’’. 
SEC. 1103. DEVELOPMENT AND IMPLEMENTATION OF 
HIGHLY 
ERODIBLE 
LAND 
CONSERVATION 
PLANS AND HIGHLY ERODIBLE LAND CON-
SERVATION SYSTEMS. 
(a) HIGHLY ERODIBLE LAND.—Section 1213 of the 
Food Security Act of 1985 (16 U.S.C. 3812a) is amend-
ed— 
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(1) in the header, by striking ‘‘CONSERVA-
TION
PLANS
AND
CONSERVATION
SYSTEMS’’ 
and inserting ‘‘HIGHLY
ERODIBLE
LAND
CON-
SERVATION
PLANS
AND
HIGHLY
ERODIBLE 
LAND CONSERVATION SYSTEMS’’; 
(2) by inserting ‘‘highly erodible land’’ before 
‘‘conservation plan’’ each place it appears; and 
(3) by inserting ‘‘highly erodible land’’ before 
‘‘conservation system’’ each place it appears. 
(b) 
TECHNICAL
REQUIREMENTS.—Section 
1213(a)(4) of the Food Security Act of 1985 (16 U.S.C. 
3812a(a)(4)) is amended by inserting ‘‘, taking into ac-
count the assistance described in section 1212(g)(2)’’. 
(c) 
CERTIFICATION
OF
COMPLIANCE.—Section 
1213(d)(2) of the Food Security Act of 1985 (16 U.S.C. 
3812a(d)(2)) is amended by striking ‘‘If a person’’ and 
inserting ‘‘Except as necessary to carry out section 1216, 
if a person’’. 
SEC. 1104. NOTICE AND INVESTIGATION OF POSSIBLE COM-
PLIANCE DEFICIENCIES. 
Section 1215 of the Food Security Act of 1985 (16 
U.S.C. 3814) is amended— 
(1) by inserting ‘‘highly erodible land’’ before 
‘‘conservation plan’’ each place it appears; 
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