H. R. 2419—86 
(d) AMENDMENT FOR CONSISTENCY.—Section 1001A of the Food 
Security Act of 1985 (7 U.S.C. 1308–1) is amended by striking 
subsection (b) and inserting the following: 
‘‘(b) ACTIVELY ENGAGED.— 
‘‘(1) IN
GENERAL.—To be eligible to receive a payment 
described in subsection (b) or (c) of section 1001, a person 
or legal entity shall be actively engaged in farming with respect 
to a farming operation as provided in this subsection or sub-
section (c). 
‘‘(2) CLASSES ACTIVELY ENGAGED.—Except as provided in 
subsections (c) and (d)— 
‘‘(A) a person (including a person participating in a 
farming operation as a partner in a general partnership, 
a participant in a joint venture, a grantor of a revocable 
trust, or a participant in a similar entity, as determined 
by the Secretary) shall be considered to be actively engaged 
in farming with respect to a farming operation if— 
‘‘(i) the person makes a significant contribution 
(based on the total value of the farming operation) 
to the farming operation of— 
‘‘(I) capital, equipment, or land; and 
‘‘(II) personal labor or active personal manage-
ment; 
‘‘(ii) the person’s share of the profits or losses 
from the farming operation is commensurate with the 
contributions of the person to the farming operation; 
and 
‘‘(iii) the contributions of the person are at risk; 
‘‘(B) a legal entity that is a corporation, joint stock 
company, association, limited partnership, charitable 
organization, or other similar entity determined by the 
Secretary (including any such legal entity participating 
in the farming operation as a partner in a general partner-
ship, a participant in a joint venture, a grantor of a rev-
ocable trust, or as a participant in a similar legal entity 
as determined by the Secretary) shall be considered as 
actively engaged in farming with respect to a farming 
operation if— 
‘‘(i) the legal entity separately makes a significant 
contribution (based on the total value of the farming 
operation) of capital, equipment, or land; 
‘‘(ii) the stockholders or members collectively make 
a significant contribution of personal labor or active 
personal management to the operation; and 
‘‘(iii) the standards provided in clauses (ii) and 
(iii) of subparagraph (A), as applied to the legal entity, 
are met by the legal entity; 
‘‘(C) if a legal entity that is a general partnership, 
joint venture, or similar entity, as determined by the Sec-
retary, separately makes a significant contribution (based 
on the total value of the farming operation involved) of 
capital, equipment, or land, and the standards provided 
in clauses (ii) and (iii) of subparagraph (A), as applied 
to the legal entity, are met by the legal entity, the partners 
or members making a significant contribution of personal 
labor or active personal management shall be considered
H. R. 2419—87 
to be actively engaged in farming with respect to the 
farming operation involved; and 
‘‘(D) in making determinations under this subsection 
regarding equipment and personal labor, the Secretary 
shall take into consideration the equipment and personal 
labor normally and customarily provided by farm operators 
in the area involved to produce program crops. 
‘‘(c) SPECIAL CLASSES ACTIVELY ENGAGED.— 
‘‘(1) LANDOWNER.—A person or legal entity that is a land-
owner contributing the owned land to a farming operation 
shall be considered to be actively engaged in farming with 
respect to the farming operation if— 
‘‘(A) the landowner receives rent or income for the 
use of the land based on the production on the land or 
the operating results of the operation; and 
‘‘(B) the person or legal entity meets the standards 
provided in clauses (ii) and (iii) of subsection (b)(2)(A). 
‘‘(2) ADULT FAMILY MEMBER.—If a majority of the partici-
pants in a farming operation are family members, an adult 
family member shall be considered to be actively engaged in 
farming with respect to the farming operation if the person— 
‘‘(A) makes a significant contribution, based on the 
total value of the farming operation, of active personal 
management or personal labor; and 
‘‘(B) with respect to such contribution, meets the stand-
ards provided in clauses (ii) and (iii) of subsection (b)(2)(A). 
‘‘(3) SHARECROPPER.—A sharecropper who makes a signifi-
cant contribution of personal labor to a farming operation shall 
be considered to be actively engaged in farming with respect 
to the farming operation if the contribution meets the standards 
provided in clauses (ii) and (iii) of subsection (b)(2)(A). 
‘‘(4) GROWERS OF HYBRID SEED.—In determining whether 
a person or legal entity growing hybrid seed under contract 
shall be considered to be actively engaged in farming, the 
Secretary shall not take into consideration the existence of 
a hybrid seed contract. 
‘‘(5) CUSTOM FARMING SERVICES.— 
‘‘(A) IN GENERAL.—A person or legal entity receiving 
custom farming services shall be considered separately 
eligible for payment limitation purposes if the person or 
legal entity is actively engaged in farming based on sub-
section (b)(2) or paragraphs (1) through (4) of this sub-
section. 
‘‘(B) PROHIBITION.—No other rules with respect to cus-
tom farming shall apply. 
‘‘(6) SPOUSE.—If 1 spouse (or estate of a deceased spouse) 
is determined to be actively engaged, the other spouse shall 
be determined to have met the requirements of subsection 
(b)(2)(A)(i)(II). 
‘‘(d) CLASSES NOT ACTIVELY ENGAGED.— 
‘‘(1) CASH RENT LANDLORD.—A landlord contributing land 
to a farming operation shall not be considered to be actively 
engaged in farming with respect to the farming operation if 
the landlord receives cash rent, or a crop share guaranteed 
as to the amount of the commodity to be paid in rent, for 
the use of the land.
H. R. 2419—88 
‘‘(2) OTHER PERSONS AND LEGAL ENTITIES.—Any other per-
son or legal entity that the Secretary determines does not 
meet the standards described in subsections (b)(2) and (c) shall 
not be considered to be actively engaged in farming with respect 
to a farming operation.’’. 
(e) DENIAL OF PROGRAM BENEFITS.—Section 1001B of the Food 
Security Act of 1985 (7 U.S.C. 1308–2) is amended to read as 
follows: 
‘‘SEC. 1001B. DENIAL OF PROGRAM BENEFITS. 
‘‘(a) 2-YEAR DENIAL OF PROGRAM BENEFITS.—A person or legal 
entity shall be ineligible to receive payments specified in subsections 
(b) and (c) of section 1001 for the crop year, and the succeeding 
crop year, in which the Secretary determines that the person or 
legal entity— 
‘‘(1) failed to comply with section 1001A(b) and adopted 
or participated in adopting a scheme or device to evade the 
application of section 1001, 1001A, or 1001C; or 
‘‘(2) intentionally concealed the interest of the person or 
legal entity in any farm or legal entity engaged in farming. 
‘‘(b) EXTENDED INELIGIBILITY.—If the Secretary determines that 
a person or legal entity, for the benefit of the person or legal 
entity or the benefit of any other person or legal entity, has know-
ingly engaged in, or aided in the creation of a fraudulent document, 
failed to disclose material information relevant to the administra-
tion of sections 1001 through 1001F, or committed other equally 
serious actions (as identified in regulations issued by the Secretary), 
the Secretary may for a period not to exceed 5 crop years deny 
the issuance of payments to the person or legal entity. 
‘‘(c) PRO RATA DENIAL.— 
‘‘(1) IN GENERAL.—Payments otherwise owed to a person 
or legal entity described in subsections (a) or (b) shall be 
denied in a pro rata manner based on the ownership interest 
of the person or legal entity in a farm. 
‘‘(2) CASH RENT TENANT.—Payments otherwise payable to 
a person or legal entity shall be denied in a pro rata manner 
if the person or legal entity is a cash rent tenant on a farm 
owned or under the control of a person or legal entity with 
respect to which a determination has been made under sub-
section (a) or (b). 
‘‘(d) JOINT AND SEVERAL LIABILITY.—Any legal entity (including 
partnerships and joint ventures) and any member of any legal 
entity determined to have knowingly participated in a scheme or 
device to evade, or that has the purpose of evading, sections 1001, 
1001A, or 1001C shall be jointly and severally liable for any 
amounts that are payable to the Secretary as the result of the 
scheme or device (including amounts necessary to recover those 
amounts). 
‘‘(e) RELEASE.—The Secretary may partially or fully release 
from liability any person or legal entity who cooperates with the 
Secretary in enforcing sections 1001, 1001A, and 1001C, and this 
section.’’. 
(f) CONFORMING AMENDMENT TO APPLY DIRECT ATTRIBUTION 
TO NAP.— 
(1) IN GENERAL.—Section 196(i) of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 7333(i)) is 
amended—
H. R. 2419—89 
(A) by striking paragraphs (1) and (2) and inserting 
the following: 
‘‘(1) DEFINITIONS.—In this subsection, the terms ‘legal 
entity’ and ‘person’ have the meanings given those terms in 
section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 
1308(a)). 
‘‘(2) PAYMENT LIMITATION.—The total amount of payments 
received, directly or indirectly, by a person or legal entity 
(excluding a joint venture or general partnership) for any crop 
year may not exceed $100,000.’’; 
(B) by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4) ADJUSTED
GROSS
INCOME
LIMITATION.—A person or 
legal entity that has an average adjusted gross income in 
excess of the average adjusted gross income limitation 
applicable under section 1001D(b)(1)(A) of the Food Security 
Act of 1985 (7 U.S.C. 1308–3a(b)(1)(A)), or a successor provision, 
shall not be eligible to receive noninsured crop disaster assist-
ance under this section.’’; and 
(C) in paragraph (5)— 
(i) by striking ‘‘necessary to ensure’’ and inserting 
‘‘necessary— 
‘‘(A) to ensure’’; and 
(ii) by striking ‘‘this subsection.’’ and inserting the 
following: ‘‘this subsection; and 
‘‘(B) to ensure that payments under this section are 
attributed to a person or legal entity (excluding a joint 
venture or general partnership) in accordance with the 
terms and conditions of sections 1001 through 1001D of 
the Food Security Act of 1985 (7 U.S.C. 1308 et seq.), 
as determined by the Secretary.’’. 
(2) TRANSITION.—Section 196(i) of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 7333(i)), as 
in effect on September 30, 2007, shall apply with respect to 
the 2007 and 2008 crops of any eligible crop. 
(g) CONFORMING AMENDMENTS.— 
(1) Section 1009(e) of the Food Security Act of 1985 (7 
U.S.C. 1308a(e)) is amended in the second sentence by striking 
‘‘of $50,000’’. 
(2) Section 609(b)(1) of the Emergency Livestock Feed 
Assistance Act of 1988 (7 U.S.C. 1471g(b)(1)) is amended by 
inserting ‘‘(before the amendment made by section 1703(a) of 
the Food, Conservation, and Energy Act of 2008)’’ after ‘‘1985’’. 
(3) Section 524(b)(3) of the Federal Crop Insurance Act 
(7 U.S.C. 1524(b)(3)) is amended by inserting ‘‘(before the 
amendment made by section 1703(a) of the Food, Conservation, 
and Energy Act of 2008)’’ after ‘‘1308(5)))’’. 
(4) Section 10204(c)(1) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8204(c)(1)) is amended by 
inserting ‘‘(before the amendment made by section 1703(a) of 
the Food, Conservation, and Energy Act of 2008)’’ after ‘‘1308)’’. 
(5) Section 1271(c)(3)(A) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(A)) is 
amended by inserting ‘‘(before the amendment made by section 
1703(a) of the Food, Conservation, and Energy Act of 2008)’’ 
after ‘‘1308)’’.
H. R. 2419—90 
(6) Section 291(2) of the Trade Act of 1974 (19 U.S.C. 
2401(2)) is amended by inserting ‘‘(before the amendment made 
by section 1703(a) of the Food, Conservation, and Energy Act 
of 2008)’’ before the period at the end. 
(h) TRANSITION.—Section 1001, 1001A, and 1001B of the Food 
Security Act of 1985 (7 U.S.C. 1308, 1308–1, 1308–2), as in effect 
on September 30, 2007, shall continue to apply with respect to 
the 2007 and 2008 crops of any covered commodity or peanuts. 
SEC. 1604. ADJUSTED GROSS INCOME LIMITATION. 
(a) IN GENERAL.—Section 1001D of the Food Security Act of 
1985 (7 U.S.C. 1308–3a(e)) is amended to read as follows: 
‘‘SEC. 1001D. ADJUSTED GROSS INCOME LIMITATION. 
‘‘(a) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section: 
‘‘(A) AVERAGE
ADJUSTED
GROSS
INCOME.—The term 
‘average adjusted gross income’, with respect to a person 
or legal entity, means the average of the adjusted gross 
income or comparable measure of the person or legal entity 
over the 3 taxable years preceding the most immediately 
preceding complete taxable year, as determined by the 
Secretary. 
‘‘(B) AVERAGE
ADJUSTED
GROSS
FARM
INCOME.—The 
term ‘average adjusted gross farm income’, with respect 
to a person or legal entity, means the average of the 
portion of adjusted gross income of the person or legal 
entity that is attributable to activities related to farming, 
ranching, or forestry for the 3 taxable years described 
in subparagraph (A), as determined by the Secretary in 
accordance with subsection (c). 
‘‘(C) AVERAGE
ADJUSTED
GROSS
NONFARM
INCOME.— 
The term ‘average adjusted gross nonfarm income’, with 
respect to a person or legal entity, means the difference 
between— 
‘‘(i) the average adjusted gross income of the person 
or legal entity; and 
‘‘(ii) the average adjusted gross farm income of 
the person or legal entity. 
‘‘(2) SPECIAL RULES FOR CERTAIN PERSONS AND LEGAL ENTI-
TIES.—In the case of a legal entity that is not required to 
file a Federal income tax return or a person or legal entity 
that did not have taxable income in 1 or more of the taxable 
years used to determine the average under subparagraph (A) 
or (B) of paragraph (1), the Secretary shall provide, by regula-
tion, a method for determining the average adjusted gross 
income, the average adjusted gross farm income, and the aver-
age adjusted gross nonfarm income of the person or legal entity 
for purposes of this section. 
‘‘(3) ALLOCATION OF INCOME.—On the request of any person 
filing a joint tax return, the Secretary shall provide for the 
allocation of average adjusted gross income, average adjusted 
gross farm income, and average adjusted gross nonfarm income 
among the persons filing the return if— 
‘‘(A) the person provides a certified statement by a 
certified public accountant or attorney that specifies the 
method by which the average adjusted gross income, aver-
age adjusted gross farm income, and average adjusted gross
H. R. 2419—91 
nonfarm income would have been declared and reported 
had the persons filed 2 separate returns; and 
‘‘(B) the Secretary determines that the method 
described in the statement is consistent with the informa-
tion supporting the filed joint tax return. 
‘‘(b) LIMITATIONS.— 
‘‘(1) COMMODITY PROGRAMS.— 
‘‘(A) 
NONFARM
LIMITATION.—Notwithstanding 
any 
other provision of law, a person or legal entity shall not 
be eligible to receive any benefit described in subparagraph 
(C) during a crop, fiscal, or program year, as appropriate, 
if the average adjusted gross nonfarm income of the person 
or legal entity exceeds $500,000. 
‘‘(B) FARM
LIMITATION.—Notwithstanding any other 
provision of law, a person or legal entity shall not be 
eligible to receive a direct payment under subtitle A or 
C of title I of the Food, Conservation, and Energy Act 
of 2008 during a crop year, if the average adjusted gross 
farm income of the person or legal entity exceeds $750,000. 
‘‘(C) COVERED
BENEFITS.—Subparagraph (A) applies 
with respect to the following: 
‘‘(i) A direct payment or counter-cyclical payment 
under subtitle A or C of title I of the Food, Conserva-
tion, and Energy Act of 2008 or an average crop rev-
enue election payment under subtitle A of title I of 
that Act. 
‘‘(ii) A marketing loan gain or loan deficiency pay-
ment under subtitle B or C of title I of the Food, 
Conservation, and Energy Act of 2008. 
‘‘(iii) A payment or benefit under section 196 of 
the Federal Agriculture Improvement and Reform Act 
of 1996 (7 U.S.C. 7333). 
‘‘(iv) A payment or benefit under section 1506 of 
the Food, Conservation, and Energy Act of 2008. 
‘‘(v) A payment or benefit under title IX of the 
Trade Act of 1974 or subtitle B of the Federal Crop 
Insurance Act. 
‘‘(2) CONSERVATION PROGRAMS.— 
‘‘(A) LIMITS.— 
‘‘(i) IN
GENERAL.—Notwithstanding any other 
provision of law, except as provided in clause (ii), a 
person or legal entity shall not be eligible to receive 
any benefit described in subparagraph (B) during a 
crop, fiscal, or program year, as appropriate, if the 
average adjusted gross nonfarm income of the person 
or legal entity exceeds $1,000,000, unless not less than 
66.66 percent of the average adjusted gross income 
of the person or legal entity is average adjusted gross 
farm income. 
‘‘(ii) EXCEPTION.—The Secretary may waive the 
limitation established under clause (i) on a case-by- 
case basis if the Secretary determines that environ-
mentally sensitive land of special significance would 
be protected. 
‘‘(B) COVERED
BENEFITS.—Subparagraph (A) applies 
with respect to the following:
H. R. 2419—92 
‘‘(i) A payment or benefit under title XII of this 
Act. 
‘‘(ii) A payment or benefit under title II of the 
Farm Security and Rural Investment Act of 2002 
(Public Law 107–171; 116 Stat. 223) or title II of the 
Food, Conservation, and Energy Act of 2008. 
‘‘(iii) A payment or benefit under section 524(b) 
of the Federal Crop Insurance Act (7 U.S.C. 1524(b)). 
‘‘(c) INCOME DETERMINATION.— 
‘‘(1) IN
GENERAL.—In determining the average adjusted 
gross farm income of a person or legal entity, the Secretary 
shall include income or benefits derived from or related to— 
‘‘(A) the production of crops, including specialty crops 
(as defined in section 3 of the Specialty Crops Competitive-
ness Act of 2004 (7 U.S.C. 1621 note; Public Law 108– 
465)) and unfinished raw forestry products; 
‘‘(B) the production of livestock (including cattle, elk, 
reindeer, bison, horses, deer, sheep, goats, swine, poultry, 
fish, and other aquacultural products used for food, honey-
bees, and other animals designated by the Secretary) and 
products produced by, or derived from, livestock; 
‘‘(C) the production of farm-based renewable energy 
(as defined in section 9001 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8101)); 
‘‘(D) the sale, including the sale of easements and 
development rights, of farm, ranch, or forestry land, water 
or hunting rights, or environmental benefits; 
‘‘(E) the rental or lease of land or equipment used 
for farming, ranching, or forestry operations, including 
water or hunting rights; 
‘‘(F) 
the 
processing 
(including 
packing), 
storing 
(including shedding), and transporting of farm, ranch, and 
forestry commodities, including renewable energy; 
‘‘(G) the feeding, rearing, or finishing of livestock; 
‘‘(H) the sale of land that has been used for agriculture; 
‘‘(I) payments or other benefits received under any 
program authorized under title I of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) 
or title I of the Food, Conservation, and Energy Act of 
2008; 
‘‘(J) payments or other benefits received under any 
program authorized under title XII of this Act, title II 
of the Farm Security and Rural Investment Act of 2002 
(Public Law 107–171; 116 Stat. 223), or title II of the 
Food, Conservation, and Energy Act of 2008; 
‘‘(K) payments or other benefits received under section 
196 of the Federal Agriculture Improvement and Reform 
Act of 1996 (7 U.S.C. 7333); 
‘‘(L) payments or other benefits received under title 
IX of the Trade Act of 1974 or subtitle B of the Federal 
Crop Insurance Act; 
‘‘(M) risk management practices, including benefits 
received under a program authorized under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.) (including a 
catastrophic risk protection plan offered under section 
508(b) of that Act (7 U.S.C. 1508(b))); and
H. R. 2419—93 
‘‘(N) any other activity related to farming, ranching, 
or forestry, as determined by the Secretary. 
‘‘(2) INCOME DERIVED FROM FARMING, RANCHING, OR FOR-
ESTRY.—In determining the average adjusted gross farm income 
of a person or legal entity, in addition to the inclusions 
described in paragraph (1), the Secretary shall include any 
income reported on the Schedule F or other schedule used 
by the person or legal entity to report income from farming, 
ranching, or forestry operations to the Internal Revenue 
Service, to the extent such income is not already included 
under paragraph (1). 
‘‘(3) SPECIAL RULE.—If not less than 66.66 percent of the 
average adjusted gross income of a person or legal entity is 
derived from farming, ranching, or forestry operations described 
in paragraphs (1) and (2), in determining the average adjusted 
gross farm income of the person or legal entity, the Secretary 
shall also include— 
‘‘(A) the sale of equipment to conduct farm, ranch, 
or forestry operations; and 
‘‘(B) the provision of production inputs and services 
to farmers, ranchers, foresters, and farm operations. 
‘‘(d) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—To comply with subsection (b), at least 
once every 3 years a person or legal entity shall provide to 
the Secretary— 
‘‘(A) a certification by a certified public accountant 
or another third party that is acceptable to the Secretary 
that the average adjusted gross income, average adjusted 
gross farm income, and average adjusted gross nonfarm 
income of the person or legal entity does not exceed the 
applicable limitation specified in that subsection; or 
‘‘(B) information and documentation regarding the 
average adjusted gross income, average adjusted gross farm 
income, and average adjusted gross nonfarm income of 
the person or legal entity through other procedures estab-
lished by the Secretary. 
‘‘(2) DENIAL OF PROGRAM BENEFITS.—If the Secretary deter-
mines that a person or legal entity has failed to comply with 
this section, the Secretary shall deny the issuance of applicable 
payments and benefits specified in paragraphs (1)(C) and (2)(B) 
of subsection (b) to the person or legal entity, under similar 
terms and conditions as described in section 1001B. 
‘‘(3) AUDIT.—The Secretary shall establish statistically valid 
procedures under which the Secretary shall conduct targeted 
audits of such persons or legal entities as the Secretary deter-
mines are most likely to exceed the limitations under subsection 
(b). 
‘‘(e) COMMENSURATE REDUCTION.—In the case of a payment 
or benefit described in paragraphs (1)(C) and (2)(B) of subsection 
(b) made in a crop, program, or fiscal year, as appropriate, to 
an entity, general partnership, or joint venture, the amount of 
the payment or benefit shall be reduced by an amount that is 
commensurate with the direct and indirect ownership interest in 
the entity, general partnership, or joint venture of each person 
who has an average adjusted gross income, average adjusted gross 
farm income, or average adjusted gross nonfarm income in excess 
of the applicable limitation specified in subsection (b).
H. R. 2419—94 
‘‘(f) EFFECTIVE PERIOD.—This section shall apply only during 
the 2009 through 2012 crop, program, or fiscal years, as appro-
priate.’’. 
(b) TRANSITION.—Section 1001D of the Food Security Act of 
1985 (7 U.S.C. 1308–3a), as in effect on September 30, 2007, shall 
apply with respect to the 2007 and 2008 crop, fiscal, or program 
year, as appropriate, for each program described in paragraphs 
(1)(C) and (2)(B) of subsection (b) of that section (as amended 
by subsection (a)). 
SEC. 1605. AVAILABILITY OF QUALITY INCENTIVE PAYMENTS FOR COV-
ERED OILSEED PRODUCERS. 
(a) INCENTIVE PAYMENTS REQUIRED.—Subject to subsection (b) 
and the availability of appropriations under subsection (h), the 
Secretary shall use funds made available under subsection (h) to 
provide quality incentive payments for the production of oilseeds 
with specialized traits that enhance human health, as determined 
by the Secretary. 
(b) COVERED OILSEEDS.—The Secretary shall make payments 
under this section only for the production of an oilseed variety 
that has, as determined by the Secretary— 
(1) been demonstrated to improve the health profile of 
the oilseed for use in human consumption by— 
(A) reducing or eliminating the need to partially hydro-
genate the oil derived from the oilseed for use in human 
consumption; or 
(B) adopting new technology traits; and 
(2) 1 or more impediments to commercialization. 
(c) REQUEST FOR PROPOSALS.— 
(1) ISSUANCE.—If funds are made available to carry out 
this section for a crop year, the Secretary shall issue a request 
for proposals for payments under this section. 
(2) MULTIYEAR
PROPOSALS.—A proponent may submit a 
multiyear proposal for payments under this section. 
(3) CONTENT
OF
PROPOSALS.—A proposal for payments 
under this section shall include a description of— 
(A) how use of the oilseed enhances human health; 
(B) the impediments to commercial use of the oilseed; 
(C) each oilseed variety described in subsection (b) 
and the value of the oilseed variety as a matter of public 
policy; 
(D) a range for the base price and premiums per bushel 
or hundredweight to be paid to producers; 
(E) a per bushel or hundredweight amount of incentive 
payments requested for each year under this section that 
does not exceed 1⁄3 of the total premium offered for any 
year; 
(F) the period of time, not to exceed 4 years, during 
which incentive payments are to be provided to producers; 
and 
(G) the targeted total quantity of production and esti-
mated acres needed to produce the targeted quantity for 
each year under this section. 
(d) CONTRACTS FOR PRODUCTION.— 
(1) IN GENERAL.—The Secretary shall approve successful 
proposals submitted under subsection (c) on a timely basis.
H. R. 2419—95 
(2) TIMING OF PAYMENTS.—The Secretary shall make pay-
ments to producers under this section after the Secretary 
receives documentation that the premium required under a 
contract has been paid to covered producers. 
(e) ADMINISTRATION.— 
(1) IN GENERAL.—If funding provided for a crop year is 
not fully allocated under the initial request for proposals under 
subsection (c), the Secretary shall issue additional requests 
for proposals for subsequent crop years under this section. 
(2) PRORATED PAYMENTS.—If funding provided for a crop 
year is less than the amount otherwise approved by the Sec-
retary or for which approval is sought, the Secretary shall 
prorate the payments or approvals in a manner determined 
by the Secretary so that the total payments do not exceed 
the funding level. 
(f) PROPRIETARY INFORMATION.—The Secretary shall protect 
proprietary information provided to the Secretary for the purpose 
of administering this section. 
(g) PROGRAM COMPLIANCE AND PENALTIES.— 
(1) GUARANTEE.—The proponent, if approved, shall be 
required to guarantee that the oilseed on which a payment 
is made by the Secretary under this section is used for human 
consumption as described in the proposal, as approved by the 
Secretary. 
(2) NONCOMPLIANCE.—If oilseeds on which a payment is 
made by the Secretary under this section are not actually 
used for the purpose the payment is made, the proponent 
shall be required to pay to the Secretary an amount equal 
to, as determined by the Secretary— 
(A) in the case of an inadvertent failure, twice the 
amount of the payment made by the Secretary under this 
section to the producer of the oilseeds; and 
(B) in any other case, up to twice the full value of 
the oilseeds involved. 
(3) DOCUMENTATION.—The Secretary may require such 
assurances and documentation as may be needed to enforce 
the guarantee. 
(4) ADDITIONAL PENALTIES.— 
(A) IN GENERAL.—In addition to payments required 
under paragraph (2), the Secretary may impose penalties 
on additional persons that use oilseeds the use of which 
is restricted under this section for a purpose other than 
the intended use. 
(B) AMOUNT.—The amount of a penalty under this 
paragraph shall— 
(i) be in an amount determined appropriated by 
the Secretary; but 
(ii) not to exceed twice the full value of the oilseeds. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2009 through 2012. 
SEC. 1606. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES. 
Section 164 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7284) is amended by striking ‘‘and 
title I of the Farm Security and Rural Investment Act of 2002’’ 
each place it appears and inserting ‘‘title I of the Farm Security
H. R. 2419—96 
and Rural Investment Act of 2002, and title I of the Food, Conserva-
tion, and Energy Act of 2008’’. 
SEC. 1607. EXTENSION OF EXISTING ADMINISTRATIVE AUTHORITY 
REGARDING LOANS. 
Section 166 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7286) is amended— 
(1) by striking ‘‘and subtitle B and C of title I of the 
Farm Security and Rural Investment Act of 2002’’ each place 
it appears and inserting ‘‘, title I of the Farm Security and 
Rural Investment Act of 2002, and title I of the Food, Conserva-
tion, and Energy Act of 2008’’; and 
(2) in subsection (c), by adding at the end the following: 
‘‘(3) TERMINATION OF AUTHORITY.—The authority to carry 
out paragraph (1) terminates effective ending with the 2009 
crop year.’’. 
SEC. 1608. ASSIGNMENT OF PAYMENTS. 
(a) IN GENERAL.—The provisions of section 8(g) of the Soil 
Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), 
relating to assignment of payments, shall apply to payments made 
under this title. 
(b) NOTICE.—The producer making the assignment, or the 
assignee, shall provide the Secretary with notice, in such manner 
as the Secretary may require, of any assignment made under this 
section. 
SEC. 1609. TRACKING OF BENEFITS. 
As soon as practicable after the date of enactment of this 
Act, the Secretary may track the benefits provided, directly or 
indirectly, to individuals and entities under titles I and II and 
the amendments made by those titles. 
SEC. 1610. GOVERNMENT PUBLICATION OF COTTON PRICE FORE-
CASTS. 
Section 15 of the Agricultural Marketing Act (12 U.S.C. 1141j) 
is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e) through (g) as sub-
sections (d) through (f), respectively. 
SEC. 1611. PREVENTION OF DECEASED INDIVIDUALS RECEIVING PAY-
MENTS UNDER FARM COMMODITY PROGRAMS. 
(a) REGULATIONS.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall promulgate regulations 
that— 
(1) describe the circumstances under which, in order to 
allow for the settlement of estates and for related purposes, 
payments may be issued in the name of a deceased individual; 
and 
(2) preclude the issuance of payments to, and on behalf 
of, deceased individuals that were not eligible for the payments. 
(b) COORDINATION.—At least twice each year, the Secretary 
shall reconcile the social security numbers of all individuals who 
receive payments under this title, whether directly or indirectly, 
with the Social Security Administration to determine if the individ-
uals are alive.
H. R. 2419—97 
SEC. 1612. HARD WHITE WHEAT DEVELOPMENT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE HARD WHITE WHEAT SEED.—The term ‘‘eligible 
hard white wheat seed’’ means hard white wheat seed that, 
as determined by the Secretary, is— 
(A) certified; 
(B) of a variety that is suitable for the State in which 
the seed will be planted; 
(C) rated at least superior with respect to quality; 
and 
(D) specifically approved under a seed establishment 
program established by the State Department of Agri-
culture and the State Wheat Commission of the 1 or more 
States in which the seed will be planted. 
(2) PROGRAM.—The term ‘‘program’’ means the hard white 
wheat development program established under subsection 
(b)(1). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture, in consultation with the State Departments 
of Agriculture and the State Wheat Commissions of the States 
in regions in which hard white wheat is produced, as deter-
mined by the Secretary. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary shall establish a hard white wheat develop-
ment program in accordance with paragraph (2) to promote 
the establishment of hard white wheat as a viable market 
class of wheat in the United States by encouraging production 
of at least 240,000,000 bushels of hard white wheat by 2012. 
(2) PAYMENTS.— 
(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C) and subsection (c), if funds are made available for 
any of the 2009 through 2012 crops of hard white wheat, 
the Secretary shall make available incentive payments to 
producers of those crops. 
(B) ACREAGE LIMITATION.—The Secretary shall carry 
out subparagraph (A) subject to a regional limitation deter-
mined by the Secretary on the number of acres for which 
payments may be received that takes into account planting 
history and potential planting, but does not exceed a total 
of 2,900,000 acres or the equivalent volume of production 
based on a yield of 50 bushels per acre. 
(C) PAYMENT LIMITATIONS.—Payments to producers on 
a farm described in subparagraph (A) shall be— 
(i) in an amount that is not less than $0.20 per 
bushel; and 
(ii) in an amount that is not less than $2.00 per 
acre for planting eligible hard white wheat seed. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $35,000,000 for the 
period of fiscal years 2009 through 2012. 
SEC. 1613. DURUM WHEAT QUALITY PROGRAM. 
(a) IN GENERAL.—Subject to the availability of funds under 
subsection (c), the Secretary shall provide compensation to pro-
ducers of durum wheat in an amount not to exceed 50 percent 
of the actual cost of fungicides applied to a crop of durum wheat
H. R. 2419—98 
of the producers to control Fusarium head blight (wheat scab) 
on acres certified to have been planted to Durum wheat in a 
crop year. 
(b) INSUFFICIENT FUNDS.—If the total amount of funds appro-
priated for a fiscal year under subsection (c) are insufficient to 
fulfill all eligible requests for compensation under this section, 
the Secretary shall prorate the compensation payments in a manner 
determined by the Secretary to be equitable. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $10,000,000 for each 
of fiscal years 2009 through 2012. 
SEC. 1614. STORAGE FACILITY LOANS. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment of this Act, the Secretary shall establish a storage facility 
loan program to provide funds for producers of grains, oilseeds, 
pulse crops, hay, renewable biomass, and other storable commod-
ities (other than sugar), as determined by the Secretary, to construct 
or upgrade storage and handling facilities for the commodities. 
(b) ELIGIBLE PRODUCERS.—A storage facility loan under this 
section shall be made available to any producer described in sub-
section (a) that, as determined by the Secretary— 
(1) has a satisfactory credit history; 
(2) has a need for increased storage capacity; and 
(3) demonstrates an ability to repay the loan. 
(c) TERM OF LOANS.—A storage facility loan under this section 
shall have a maximum term of 12 years. 
(d) LOAN AMOUNT.—The maximum principal amount of a stor-
age facility loan under this section shall be $500,000. 
(e) LOAN DISBURSEMENTS.—The Secretary shall provide for 1 
partial disbursement of loan principal and 1 final disbursement 
of loan principal, as determined to be appropriate and subject 
to acceptable documentation, to facilitate the purchase and construc-
tion of eligible facilities. 
(f) LOAN SECURITY.—Approval of a storage facility loan under 
this section shall— 
(1) require the borrower to provide loan security to the 
Secretary, in the form of— 
(A) a lien on the real estate parcel on which the storage 
facility is located; or 
(B) such other security as is acceptable to the Sec-
retary; 
(2) under such rules and regulations as the Secretary may 
prescribe, not require a severance agreement from the holder 
of any prior lien on the real estate parcel on which the storage 
facility is located, if the borrower— 
(A) agrees to increase the down payment on the storage 
facility by an amount determined appropriate by the Sec-
retary; or 
(B) provides other security acceptable to the Secretary; 
and 
(3) allow a borrower, upon the approval of the Secretary, 
to define a subparcel of real estate as security for the storage 
facility loan if the subparcel is— 
(A) of adequate size and value to adequately secure 
the loan; and
H. R. 2419—99 
(B) not subject to any other liens or mortgages that 
are superior to the lien interest of the Commodity Credit 
Corporation. 
SEC. 1615. STATE, COUNTY, AND AREA COMMITTEES. 
Section 8(b)(5)(B)(ii) of the Soil Conservation and Domestic 
Allotment Act (16 U.S.C. 590h(b)(5)(B)(ii)) is amended— 
(1) by redesignating subclauses (I) and (II) as items (aa) 
and (bb), respectively, and indenting appropriately; 
(2) in the matter preceding item (aa) (as redesignated by 
paragraph (1)), by striking ‘‘A committee established’’ and 
inserting the following: 
‘‘(I) IN GENERAL.—Except as provided in sub-
clause (II), a committee established’’; and 
(3) by adding at the end the following: 
‘‘(II) COMBINATION
OR
CONSOLIDATION
OF 
AREAS.—A committee established by combining or 
consolidating 2 or more county or area committees 
shall consist of not fewer than 3 nor more than 
11 members that— 
‘‘(aa) are fairly representative of the agri-
cultural producers within the area covered by 
the county, area, or local committee; and 
‘‘(bb) are elected by the agricultural pro-
ducers that participate or cooperate in pro-
grams administered within the area under the 
jurisdiction of the county, area, or local com-
mittee. 
‘‘(III) REPRESENTATION OF SOCIALLY DISADVAN-
TAGED
FARMERS
AND
RANCHERS.—The Secretary 
shall develop procedures to maintain representa-
tion 
of 
socially 
disadvantaged 
farmers 
and 
ranchers on combined or consolidated committees. 
‘‘(IV) ELIGIBILITY FOR MEMBERSHIP.—Notwith-
standing any other producer eligibility require-
ments for service on county or area committees, 
if a county or area is consolidated or combined, 
a producer shall be eligible to serve only as a 
member of the county or area committee that the 
producer elects to administer the farm records of 
the producer.’’. 
SEC. 1616. PROHIBITION ON CHARGING CERTAIN FEES. 
Public Law 108–470 (7 U.S.C. 7416a) is amended— 
(1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘shall’’; 
and 
(2) by adding at the end the following: 
‘‘(c) PROHIBITION ON CHARGING CERTAIN FEES.—The Secretary 
may not charge any fees or related costs for the collection of com-
modity assessments pursuant to this Act.’’. 
SEC. 1617. SIGNATURE AUTHORITY. 
(a) IN GENERAL.—In carrying out this title and title II and 
amendments made by those titles, if the Secretary approves a 
document, the Secretary shall not subsequently determine the docu-
ment is inadequate or invalid because of the lack of authority 
of any person signing the document on behalf of the applicant 
or any other individual, entity, general partnership, or joint venture,
H. R. 2419—100 
or the documents relied upon were determined inadequate or 
invalid, unless the person signing the program document knowingly 
and willfully falsified the evidence of signature authority or a 
signature. 
(b) AFFIRMATION.— 
(1) IN GENERAL.—Nothing in this section prohibits the Sec-
retary from asking a proper party to affirm any document 
that otherwise would be considered approved under subsection 
(a). 
(2) NO RETROACTIVE EFFECT.—A denial of benefits based 
on a lack of affirmation under paragraph (1) shall not be 
retroactive with respect to third-party producers who were not 
the subject of the erroneous representation of authority, if 
the third-party producers— 
(A) relied on the prior approval by the Secretary of 
the documents in good faith; and 
(B) substantively complied with all program require-
ments 
SEC. 1618. MODERNIZATION OF FARM SERVICE AGENCY. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary shall transmit to the Committee on Agriculture 
and the Committee on Appropriations of the House of Representa-
tives and the Committee on Agriculture, Nutrition, and Forestry 
and the Committee on Appropriations of the Senate a report pre-
pared by a third party that describes— 
(1) the data processing and information technology chal-
lenges experienced in local offices of the Farm Service Agency; 
(2) the impact of those challenges on service to producers, 
on efficiency of personnel, and on implementation of this Act; 
(3) the need for information technology system upgrades 
of the Farm Service Agency relative to other agencies of the 
Department of Agriculture; 
(4) the detailed plan needed to fulfill the needs of the 
Department that are identified in paragraph (3), including 
hardware, software, and infrastructure requirements; 
(5) the estimated cost and timeframe for long-term mod-
ernization and stabilization of Farm Service Agency information 
technology systems; 
(6) the benefits associated with such modernization and 
stabilization; and 
(7) an evaluation of the existence of appropriate oversight 
within the Department to ensure that funds needed for systems 
upgrades can be appropriately managed. 
SEC. 1619. INFORMATION GATHERING. 
(a) GEOSPATIAL SYSTEMS.—The Secretary shall ensure that all 
the geospatial data of the agencies of the Department of Agriculture 
are portable and standardized. 
(b) LIMITATION ON DISCLOSURES.— 
(1) DEFINITION OF AGRICULTURAL OPERATION.—In this sub-
section, the term ‘‘agricultural operation’’ includes the produc-
tion and marketing of agricultural commodities and livestock. 
(2) PROHIBITION.—Except as provided in paragraphs (3) 
and (4), the Secretary, any officer or employee of the Depart-
ment of Agriculture, or any contractor or cooperator of the 
Department, shall not disclose—
H. R. 2419—101 
(A) information provided by an agricultural producer 
or owner of agricultural land concerning the agricultural 
operation, farming or conservation practices, or the land 
itself, in order to participate in programs of the Depart-
ment; or 
(B) geospatial information otherwise maintained by the 
Secretary about agricultural land or operations for which 
information described in subparagraph (A) is provided. 
(3) AUTHORIZED DISCLOSURES.— 
(A) LIMITED
RELEASE
OF
INFORMATION.—If the Sec-
retary determines that the information described in para-
graph (2) will not be subsequently disclosed except in 
accordance with paragraph (4), the Secretary may release 
or disclose the information to a person or Federal, State, 
local, or tribal agency working in cooperation with the 
Secretary in any Department program— 
(i) when providing technical or financial assistance 
with respect to the agricultural operation, agricultural 
land, or farming or conservation practices; or 
(ii) when responding to a disease or pest threat 
to agricultural operations, if the Secretary determines 
that a threat to agricultural operations exists and the 
disclosure of information to a person or cooperating 
government entity is necessary to assist the Secretary 
in responding to the disease or pest threat as author-
ized by law. 
(4) EXCEPTIONS.—Nothing in this subsection affects— 
(A) the disclosure of payment information (including 
payment information and the names and addresses of 
recipients of payments) under any Department program 
that is otherwise authorized by law; 
(B) the disclosure of information described in para-
graph (2) if the information has been transformed into 
a statistical or aggregate form without naming any— 
(i) individual owner, operator, or producer; or 
(ii) specific data gathering site; or 
(C) the disclosure of information described in para-
graph (2) pursuant to the consent of the agricultural pro-
ducer or owner of agricultural land. 
(5) CONDITION OF OTHER PROGRAMS.—The participation of 
the agricultural producer or owner of agricultural land in, 
or receipt of any benefit under, any program administered 
by the Secretary may not be conditioned on the consent of 
the agricultural producer or owner of agricultural land under 
paragraph (4)(C). 
(6) WAIVER OF PRIVILEGE OR PROTECTION.—The disclosure 
of information under paragraph (2) shall not constitute a waiver 
of any applicable privilege or protection under Federal law, 
including trade secret protection. 
SEC. 1620. LEASING OF OFFICE SPACE. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall submit to the Committee on Agriculture 
and the Committee on Appropriations of the House of Representa-
tives and the Committee on Agriculture, Nutrition, and Forestry 
and the Committee on Appropriations of the Senate a report that 
describes—
H. R. 2419—102 
(1) the costs and time associated with complying with 
leasing procedures of the General Services Administration rel-
ative to the previous independent leasing procedures of the 
Department of Agriculture; 
(2) the additional staffing needs associated with complying 
with those procedures; and 
(3) the value added to the leasing process and the ability 
of the Department to secure best-value leases by complying 
with the General Services Administration leasing procedures. 
SEC. 
1621. 
GEOGRAPHICALLY 
DISADVANTAGED 
FARMERS 
AND 
RANCHERS. 
(a) DEFINITIONS.—In this section: 
(1) AGRICULTURAL
COMMODITY.—The term ‘‘agricultural 
commodity’’ has the meaning given the term in section 102 
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). 
(2) 
GEOGRAPHICALLY
DISADVANTAGED
FARMER
OR 
RANCHER.—The term ‘‘geographically disadvantaged farmer or 
rancher’’ has the meaning given the term in section 10906(a) 
of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 2204 note; Public Law 107–171). 
(b) AUTHORIZATION.—Subject to the availability of funds under 
subsection (d), the Secretary may provide geographically disadvan-
taged farmers or ranchers direct reimbursement payments for 
activities described in subsection (c). 
(c) TRANSPORTATION.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 
Secretary may provide direct reimbursement payments to a 
geographically disadvantaged farmer or rancher to transport 
an agricultural commodity, or inputs used to produce an agricul-
tural commodity, during a fiscal year. 
(2) PROOF OF ELIGIBILITY.—To be eligible to receive assist-
ance under paragraph (1), a geographically disadvantaged 
farmer or rancher shall demonstrate to the Secretary that 
transportation of the agricultural commodity or inputs occurred 
over a distance of more than 30 miles, as determined by the 
Secretary. 
(3) AMOUNT.— 
(A) IN GENERAL.—Subject to paragraph (2), the amount 
of direct reimbursement payments made to a geographically 
disadvantaged farmer or rancher under this section for 
a fiscal year shall equal the product obtained by multi-
plying— 
(i) the amount of costs incurred by the geographi-
cally disadvantaged farmer or rancher for transpor-
tation of the agricultural commodity or inputs during 
the fiscal year; and 
(ii)(I) the percentage of the allowance for that fiscal 
year under section 5941 of title 5, United States Code, 
for Federal employees stationed in Alaska and Hawaii; 
or 
(II) in the case of an insular area (as defined 
in section 1404 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
3103)), a comparable percentage of the allowance for 
the fiscal year, as determined by the Secretary.
H. R. 2419—103 
(B) LIMITATION.—The total amount of direct reimburse-
ment payments provided by the Secretary under this sec-
tion shall not exceed $15,000,000 for a fiscal year. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2009 through 2012. 
SEC. 1622. IMPLEMENTATION. 
The Secretary shall make available to the Farm Service Agency 
to carry out this title $50,000,000. 
SEC. 1623. REPEALS. 
(a) COMMISSION ON APPLICATION OF PAYMENT LIMITATIONS.— 
Section 1605 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 7993) is repealed. 
(b) RENEWED AVAILABILITY OF MARKET LOSS ASSISTANCE AND 
CERTAIN EMERGENCY ASSISTANCE
TO PERSONS THAT FAILED TO 
RECEIVE ASSISTANCE UNDER EARLIER AUTHORITIES.—Section 1617 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8000) is repealed. 
TITLE II—CONSERVATION 
Subtitle A—Definitions and Highly 
Erodible Land and Wetland Conservation 
SEC. 2001. DEFINITIONS RELATING TO CONSERVATION TITLE OF FOOD 
SECURITY ACT OF 1985. 
(a) BEGINNING FARMER OR RANCHER.—Section 1201(a) of the 
Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended— 
(1) by redesignating paragraphs (2) through (6), (7) through 
(11), (12), (13) through (15), (16), (17), and (18) as paragraphs 
(3) through (7), (9) through (13), (15), (20) through (22), (24), 
(26), and (27), respectively; and 
(2) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) BEGINNING FARMER OR RANCHER.—The term ‘beginning 
farmer or rancher’ has the meaning given the term in section 
343(a)(8) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1991(a)(8)).’’. 
(b) FARM.—Section 1201(a) of the Food Security Act of 1985 
(16 U.S.C. 3801(a)) is amended by inserting after paragraph (7), 
as redesignated by subsection (a)(1), the following new paragraph: 
‘‘(8) FARM.—The term ‘farm’ means a farm that— 
‘‘(A) is under the general control of one operator; 
‘‘(B) has one or more owners; 
‘‘(C) consists of one or more tracts of land, whether 
or not contiguous; 
‘‘(D) is located within a county or region, as determined 
by the Secretary; and 
‘‘(E) may contain lands that are incidental to the 
production of perennial crops, including conserving uses, 
forestry, and livestock, as determined by the Secretary.’’. 
(c) INDIAN TRIBE.—Section 1201(a) of the Food Security Act 
of 1985 (16 U.S.C. 3801(a)) is amended by inserting after paragraph
H. R. 2419—104 
(13), as redesignated by subsection (a)(1), the following new para-
graph: 
‘‘(14) INDIAN
TRIBE.—The term ‘Indian tribe’ has the 
meaning given the term in section 4(e) of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b(e)).’’. 
(d) INTEGRATED PEST MANAGEMENT; LIVESTOCK; NONINDUS-
TRIAL PRIVATE FOREST LAND; PERSON AND LEGAL ENTITY.—Section 
1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is 
amended by inserting after paragraph (15), as redesignated by 
subsection (a)(1), the following new paragraphs: 
‘‘(16) 
INTEGRATED
PEST
MANAGEMENT.—The 
term 
‘integrated pest management’ means a sustainable approach 
to managing pests by combining biological, cultural, physical, 
and chemical tools in a way that minimizes economic, health, 
and environmental risks. 
‘‘(17) LIVESTOCK.—The term ‘livestock’ means all animals 
raised on farms, as determined by the Secretary. 
‘‘(18) NONINDUSTRIAL
PRIVATE
FOREST
LAND.—The term 
‘nonindustrial private forest land’ means rural land, as deter-
mined by the Secretary, that— 
‘‘(A) has existing tree cover or is suitable for growing 
trees; and 
‘‘(B) is owned by any nonindustrial private individual, 
group, association, corporation, Indian tribe, or other pri-
vate legal entity that has definitive decisionmaking 
authority over the land. 
‘‘(19) PERSON AND LEGAL ENTITY.—For purposes of applying 
payment limitations under subtitle D, the terms ‘person’ and 
‘legal entity’ have the meanings given those terms in section 
1001(a) of this Act (7 U.S.C. 1308(a)).’’. 
(e) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—Section 
1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is 
amended by inserting after paragraph (22), as redesignated by 
subsection (a)(1), the following new paragraph: 
‘‘(23) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The 
term ‘socially disadvantaged farmer or rancher’ has the 
meaning given the term in section 2501(e)(2) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 
2279(e)(2)).’’. 
(f) TECHNICAL ASSISTANCE.—Section 1201(a) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3801(a)) is amended by inserting after 
paragraph (24), as redesignated by subsection (a)(1), the following 
new paragraph: 
‘‘(25) TECHNICAL ASSISTANCE.—The term ‘technical assist-
ance’ means technical expertise, information, and tools nec-
essary for the conservation of natural resources on land active 
in agricultural, forestry, or related uses. The term includes 
the following: 
‘‘(A) Technical services provided directly to farmers, 
ranchers, and other eligible entities, such as conservation 
planning, technical consultation, and assistance with 
design and implementation of conservation practices. 
‘‘(B) Technical infrastructure, including activities, proc-
esses, tools, and agency functions needed to support 
delivery of technical services, such as technical standards,
H. R. 2419—105 
resource inventories, training, data, technology, monitoring, 
and effects analyses.’’. 
SEC. 2002. REVIEW OF GOOD FAITH DETERMINATIONS RELATED TO 
HIGHLY ERODIBLE LAND CONSERVATION. 
Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) 
is amended by striking subsection (f) and inserting the following 
new subsection: 
‘‘(f) GRADUATED PENALTIES.— 
‘‘(1) INELIGIBILITY.—No person shall become ineligible 
under section 1211 for program loans, payments, and benefits 
as a result of the failure of the person to actively apply a 
conservation plan, if the Secretary determines that the person 
has acted in good faith and without an intent to violate this 
subtitle. 
‘‘(2) ELIGIBLE
REVIEWERS.—A determination of the Sec-
retary, or a designee of the Secretary, under paragraph (1) 
shall be reviewed by the applicable— 
‘‘(A) State Executive Director, with the technical 
concurrence of the State Conservationist; or 
‘‘(B) district director, with the technical concurrence 
of the area conservationist. 
‘‘(3) PERIOD FOR IMPLEMENTATION.—A person who meets 
the requirements of paragraph (1) shall be allowed a reasonable 
period of time, as determined by the Secretary, but not to 
exceed 1 year, during which to implement the measures and 
practices necessary to be considered to be actively applying 
the conservation plan of the person. 
‘‘(4) PENALTIES.— 
‘‘(A) APPLICATION.—This paragraph applies if the Sec-
retary determines that— 
‘‘(i) a person has failed to comply with section 
1211 with respect to highly erodible cropland, and 
has acted in good faith and without an intent to violate 
section 1211; or 
‘‘(ii) the violation— 
‘‘(I) is technical and minor in nature; and 
‘‘(II) has a minimal effect on the erosion control 
purposes of the conservation plan applicable to 
the land on which the violation has occurred. 
‘‘(B) REDUCTION.—If this paragraph applies under 
subparagraph (A), the Secretary shall, in lieu of applying 
the ineligibility provisions of section 1211, reduce program 
benefits described in section 1211 that the producer would 
otherwise be eligible to receive in a crop year by an amount 
commensurate with the seriousness of the violation, as 
determined by the Secretary. 
‘‘(5) SUBSEQUENT CROP YEARS.—Any person whose benefits 
are reduced for any crop year under this subsection shall con-
tinue to be eligible for all of the benefits described in section 
1211 for any subsequent crop year if, prior to the beginning 
of the subsequent crop year, the Secretary determines that 
the person is actively applying a conservation plan according 
to the schedule specified in the plan.’’.
H. R. 2419—106 
SEC. 2003. REVIEW OF GOOD FAITH DETERMINATIONS RELATED TO 
WETLAND CONSERVATION. 
Section 1222(h) of the Food Security Act of 1985 (16 U.S.C. 
3822(h)) is amended— 
(1) by redesignating paragraph (2) as paragraph (3); 
(2) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) ELIGIBLE
REVIEWERS.—A determination of the Sec-
retary, or a designee of the Secretary, under paragraph (1) 
shall be reviewed by the applicable— 
‘‘(A) State Executive Director, with the technical 
concurrence of the State Conservationist; or 
‘‘(B) district director, with the technical concurrence 
of the area conservationist.’’; and 
(3) in paragraph (3) (as redesignated by paragraph (1)), 
by inserting ‘‘be’’ before ‘‘actively’’. 
Subtitle B—Conservation Reserve Program 
SEC. 2101. EXTENSION OF CONSERVATION RESERVE PROGRAM. 
Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 
3831(a)) is amended— 
(1) by striking ‘‘2007 calendar year’’ and inserting ‘‘2012 
fiscal year’’; and 
(2) by inserting before the period the following: ‘‘and to 
address issues raised by State, regional, and national conserva-
tion initiatives’’; and 
SEC. 2102. LAND ELIGIBLE FOR ENROLLMENT IN CONSERVATION 
RESERVE. 
Section 1231(b) of the Food Security Act of 1985 (16 U.S.C. 
3831(b)) is amended— 
(1) in paragraph (1)(B)— 
(A) by striking ‘‘Farm Security and Rural Investment 
Act of 2002’’ and inserting ‘‘Food, Conservation, and Energy 
Act of 2008’’; and 
(B) by striking the period at the end and inserting 
a semicolon; and 
(2) in paragraph (4)— 
(A) in subparagraph (C), by striking ‘‘; or’’ and inserting 
a semicolon; 
(B) in subparagraph (D), by striking ‘‘and’’ at the end 
and inserting ‘‘or’’; and 
(C) in subparagraph (E), by inserting ‘‘or’’ after the 
semicolon at the end. 
SEC. 2103. MAXIMUM ENROLLMENT OF ACREAGE IN CONSERVATION 
RESERVE. 
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 
3831(d)) is amended— 
(1) by striking ‘‘2007 calendar years’’ and inserting ‘‘2009 
fiscal years’’; 
(2) by striking ‘‘( 16 U.S.C.’’ and inserting ‘‘(16 U.S.C.’’; 
and 
(3) by adding at the end the following new sentence: 
‘‘During fiscal years 2010, 2011, and 2012, the Secretary may
H. R. 2419—107 
maintain up to 32,000,000 acres in the conservation reserve 
at any 1 time.’’. 
SEC. 2104. DESIGNATION OF CONSERVATION PRIORITY AREAS. 
Section 1231(f) of the Food Security Act of 1985 (16 U.S.C. 
3831(f)) is amended by striking ‘‘the Chesapeake Bay Region 
(Pennsylvania, Maryland, and Virginia)’’ and inserting ‘‘the Chesa-
peake Bay Region’’. 
SEC. 2105. TREATMENT OF MULTI-YEAR GRASSES AND LEGUMES. 
Subsection (g) of section 1231 of the Food Security Act of 
1985 (16 U.S.C. 3831) is amended to read as follows: 
‘‘(g) MULTI-YEAR GRASSES AND LEGUMES.— 
‘‘(1) IN GENERAL.—For purposes of this subchapter, alfalfa 
and other multi-year grasses and legumes in a rotation practice, 
approved by the Secretary, shall be considered agricultural 
commodities. 
‘‘(2) CROPPING HISTORY.—Alfalfa, when grown as part of 
a rotation practice, as determined by the Secretary, is an agri-
cultural commodity subject to the cropping history criteria 
under subsection (b)(1)(B) for the purpose of determining 
whether highly erodible cropland has been planted or consid-
ered planted for 4 of the 6 years referred to in such subsection.’’. 
SEC. 2106. REVISED PILOT PROGRAM FOR ENROLLMENT OF WETLAND 
AND BUFFER ACREAGE IN CONSERVATION RESERVE. 
(a) REVISED PROGRAM.— 
(1) IN GENERAL.—Title XII of the Food Security Act of 
1985 is amended by inserting after section 1231 (16 U.S.C. 
3831) the following new section: 
‘‘SEC. 1231B. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND 
BUFFER ACREAGE IN CONSERVATION RESERVE. 
‘‘(a) PROGRAM REQUIRED.— 
‘‘(1) IN GENERAL.—During the 2008 through 2012 fiscal 
years, the Secretary shall carry out a program in each State 
under which the Secretary shall enroll eligible acreage 
described in subsection (b). 
‘‘(2) PARTICIPATION AMONG STATES.—The Secretary shall 
ensure, to the maximum extent practicable, that owners and 
operators in each State have an equitable opportunity to partici-
pate in the program established under this section. 
‘‘(b) ELIGIBLE ACREAGE.— 
‘‘(1) WETLAND AND RELATED LAND.—Subject to subsections 
(c) and (d), an owner or operator may enroll in the conservation 
reserve, pursuant to the program established under this section, 
land— 
‘‘(A) that is wetland (including a converted wetland 
described in section 1222(b)(1)(A)) that had a cropping his-
tory during at least 3 of the immediately preceding 10 
crop years; 
‘‘(B) on which a constructed wetland is to be developed 
that will receive flow from a row crop agriculture drainage 
system and is designed to provide nitrogen removal in 
addition to other wetland functions; 
‘‘(C) that was devoted to commercial pond-raised aqua-
culture in any year during the period of calendar years 
2002 through 2007; or