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Q: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''American Farmland
Stewardship Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--FARMLAND STEWARDSHIP PROGRAM

Sec. 101. Establishment and purpose of Program.
Sec. 102. Use of farmland stewardship agreements.
Sec. 103. Partnership approach to Program.
Sec. 104. Participation of owners and operators of eligible
agricultural lands.
TITLE II--ADVISORY COUNCIL

Sec. 201. Creation of an advisory council regarding Program.

SEC. 2. FINDINGS.

Congress finds the following:
(1) American agricultural producers are stewards of their
lands, and should be encouraged to carry out practices to
maintain, protect, and care for the natural, environmental, and
agricultural resources of their lands.
(2) Agricultural producers face increasing challenges in
protecting environmental sensitive land while ensuring an
abundant and safe food supply and the sound future of
agricultural production.
(3) Increased access of agricultural producers to
conservation programs, particularly by producers facing unique
environmental needs, must be a part of the national
agricultural conservation policy.
(4) Responsible care and stewardship of natural resources
by agricultural producers would be fostered by incentive
initiatives aimed at assisting producers in meeting
environmental program requirements, protecting and maintaining
endangered habitat and wetlands, improving water quality and
water access, treating on-farm discharge, deterring invasive
species, and addressing other important environmental
challenges.
(5) Greater local involvement, as well as increased
cooperation between agricultural producers and local, State,
and Federal officials, is needed to allow agricultural
producers to meet environmental goals.
(6) A voluntary incentives based program would encourage
greater protection of natural resources by providing economic
assistance to agricultural producers to improve and protect
natural resources, while permitting them to stay competitive in
the world market.

SEC. 3. DEFINITIONS.

In this Act:
(1) Agreement.--The terms ''farmland stewardship
agreement'' and ''agreement'' mean a stewardship contract
authorized by title I.
(2) Contracting agency.--The term ''contracting agency''
means a local conservation district, resource conservation &
development district, extension service or local office of the
Department of Agriculture or other participating government
agency that is designated by the Secretary to enter into
farmland stewardship agreements on behalf of the Secretary.
(3) Eligible agricultural lands.--The term ''eligible
agricultural lands'' means private lands that are in primarily
native or natural condition or are classified as cropland,
pastureland, grazing lands, or timberlands by the Secretary and
that--
(A) contain wildlife habitat, habitat for
threatened and endangered species, wetlands or other
natural ecosystems; or
(B) provide opportunities for ecological services
that can benefit the public at large, such as--
(i) filtration of water;
(ii) aquifer recharge;
(iii) control of invasive and exotic
species;
(iv) limitations on nonagricultural
development to preserve open space or prime,
unique, or other productive agricultural lands;
and
(v) improvement of habitats for wildlife,
waterfowl, or migratory birds or insects.
(4) Program.--The terms ''Farmland Stewardship Program''
and ''Program'' mean the conservation program of the Department
of Agriculture established by title I.
(5) Secretary.--The term ''Secretary'' means the Secretary
of Agriculture.

TITLE I--FARMLAND STEWARDSHIP PROGRAM

SEC. 101. ESTABLISHMENT AND PURPOSE OF PROGRAM.

(a) Establishment.--The Secretary of Agriculture shall establish a
special conservation program of the Department of Agriculture, to be
known as the Farmland Stewardship Program, that is designed to more
precisely tailor and target existing conservation programs to the
specific conservation needs and opportunities presented by individual
parcels of eligible agricultural lands.
(b) Relation to Other Conservation Programs.--Under the Farmland
Stewardship Program, the Secretary may implement, or combine together,
the features of--
(1) other conservation programs administered by the
Secretary; and
(2) conservation programs administered by other Federal
agencies and State and local government entities, where
feasible and with the consent of the administering agency or
government.
(c) Funding Sources.--
(1) In general.--The Farmland Stewardship Program and
agreements under the Program shall be funded by the Secretary
using--
(A) the funding authorities of the conservation
programs that are implemented in whole, or in part,
through the use of agreements; and
(B) such funds as are appropriated to carry out the
Program.
(2) Cost-sharing.--It shall be a requirement of the
Farmland Stewardship Program that the majority of the funds to
carry out the Program must come from other existing
conservation programs, which may be Federal, State, regional,
local, or private, that are combined into and made a part of an
agreement, or from matching funding contributions made by
State, regional, or local agencies and divisions of government
or from private funding sources.
(d) Personnel Costs.--Federal funds made available to carry out the
Farmland Stewardship Program may be used to provide additional staff
positions and support within the national headquarters office and State
field offices of the Natural Resources Conservation Service to
coordinate and oversee the Program on a national basis.
(e) Technical Assistance.--Of the funds made available to carry out
the Farmland Stewardship Program for a fiscal year, the Secretary shall
reserve not less than twenty percent for the provision of technical
assistance under the Program.

SEC. 102. USE OF FARMLAND STEWARDSHIP AGREEMENTS.

(a) Agreements Authorized.--The Secretary shall carry out the
Farmland Stewardship Program by entering into stewardship contracts, to
be known as farmland stewardship agreements, with the owners or
operators of eligible agricultural lands to maintain, protect, and care
for the natural, environmental, and agricultural resources on the
lands.
(b) Legal Basis.--An agreement shall operate in all respects as a
service contract and, as such, provides the Secretary with the
opportunity to hire the owner or operator of eligible agricultural
lands as a vendor to perform one or more specific services for an
equitable fee for each service rendered. Any Federal agency
participating in the Farmland Stewardship Program that has the
authority to enter into service contracts and to expend public funds
under such contracts may enter into or participate in the funding of an
agreement.
(c) Basic Purposes.--An agreement with the owner or operator of
eligible agricultural lands shall be used--
(1) to negotiate a mutually agreeable set of guidelines,
practices, and procedures under which services will be provided
to the public and rendered by the owner or operator to protect,
maintain, and, where possible, improve, the natural and
ecological resources on the lands covered by the agreement in
return for annual payments to the owner or operator for the
services rendered;
(2) to implement a conservation program or series of
programs where no program now exists or to implement
conservation management or ecological service activities where
no such activities now exist; and
(3) to expand conservation practices, resource management,
and ecological service activities to a property where it is not
possible at the present time to negotiate or reach agreement on
a public purchase of a fee-simple or less-than-fee interest in
the property for conservation purposes.
(d) Modification of Other Conservation Program Elements.--If most,
but not all, of the limitations, conditions, and requirements of a
conservation program that is implemented in whole, or in part, through
the Farmland Stewardship Program are met with respect to a parcel of
eligible agricultural lands, and the purposes to be achieved by the
agreement to be entered into for such lands are consistent with the
purposes of the conservation program, then the Secretary may waive any
remaining limitations, conditions, or requirements of the conservation
program that would otherwise prohibit or limit the agreement.
(e) State and Local Conservation Priorities.--To the maximum extent
practicable, agreements shall address the conservation priorities
established by the State and locality in which the eligible
agricultural lands are located.

SEC. 103. PARTNERSHIP APPROACH TO PROGRAM.

(a) Authority of Secretary Exercised Through Partnerships.--
Although the Secretary shall be responsible for the administration of
the Farmland Stewardship Program and oversight of agreements under the
Program, the Secretary shall work in partnership with other Federal,
State, and local agencies whose programs are incorporated into the
Program under section 101.
(b) Designation and Use of Contracting Agencies.--Subject to
subsection (c), the Secretary may authorize a local conservation
district, resource conservation & development district, extension
service, nonprofit organization, or local office of the Department of
Agriculture or other participating government agency to enter into and
administer agreements under the Program as a contracting agency on
behalf of the Secretary.
(c) Conditions on Designation.--The Secretary may designate an
eligible district or office as a contracting agency under subsection
(b) only if the district of office--
(1) submits a written request for such designation to the
Secretary;
(2) affirms that it is willing to follow all guidelines for
executing and administering an agreement, as promulgated by the
Secretary;
(3) demonstrates to the satisfaction of the Secretary that
it has established working relationships with owners and
operators of eligible agricultural lands, and based on the
history of these working relationships, demonstrates that it
has the ability to work with owners and operators of eligible
agricultural lands in a cooperative, and not a contentious or
litigious, manner;
(4) affirms its willingness to assume responsibility for
preparing all documentation for the agreement, negotiating its
terms with an owner or operator, monitoring compliance, making
annual reports to the Secretary, and administering the
agreement throughout its full term; and
(5) demonstrates to the satisfaction of the Secretary that
it has or will have the necessary staff resources and expertise
to carry out its responsibilities under paragraphs (3) and (4).

SEC. 104. PARTICIPATION OF OWNERS AND OPERATORS OF ELIGIBLE
AGRICULTURAL LANDS.

(a) Application and Approval Process.--To participate in the
Farmland Stewardship Program, an owner or operator of eligible
agricultural lands shall--
(1) submit to the Secretary an application indicating
interest in the Program and describing the owner's or
operator's property, its resources, and their ecological and
agricultural values;
(2) submit to the Secretary a list of services to be
provided, a management plan to be implemented, or both, under
the proposed agreement;
(3) if the application and list are accepted by the
Secretary, enter into an agreement that details the services to
be provided, management plan to be implemented, or both, and
requires compliance with the other terms of the agreement.
(b) Application on Behalf of an Owner or Operator.--A designated
contracting agency may submit the application required by subsection
(a) on behalf of an owner or operator by if the contracting agency has
secured the consent of the owner or operator to enter into an
agreement.
(c) Structure of Agreement.--An agreement shall contain the
following:
(1) A map, property description, and aerial photograph of
the eligible agricultural lands covered by the agreement,
including any lands with important natural and ecological
resources that require special attention and care.
(2) A list of the resources to be maintained under the
agreement.
(3) A description of the services to be rendered,
conservation practices to be implemented and maintained, or
both, under the agreement during the term of the agreement.
(4) A schedule for the implementation and maintenance of
the services and conservation practices described in paragraph
(3).
(5) A schedule of payments for each service and
conservation practice described in paragraph (3).
(6) A schedule of any bonus payments offered under the
agreement and the criteria that must be satisfied for the owner
or operator to earn the bonus payments.
(7) Guarantees regarding compliance monitoring and access
to the covered property on an annual basis.
(8) A description of the penalties for nonperformance and
default.
(9) Provisions for assignment of the agreement to a
subsequent owner or operator.
(10) Encumbrance provisions for recording the agreement.
(11) Such other terms as the Secretary may require.
(d) Duties of Owners and Operators.--During the term of the
agreement, the owner or operator of the eligible agricultural lands
covered by the agreement shall--
(1) implement the services to be rendered, conservation
practices to be implemented and maintained, or both, specified
in the agreement;
(2) keep such records as the Secretary may require for
purposes of evaluation of the implementation of the agreement;
and
(3) not to engage in any activity that would defeat the
purposes of the agreement.
(e) Duties of Secretary.--The Secretary shall ensure that payments
required by an agreement are made as provided in the agreement.
(f) Authorized Services.--The authorized services that may be
rendered by an owner or operator on eligible agricultural lands covered
by an agreement, and paid for by the Secretary under the agreement,
include the following:
(1) Removal of invasive species and continued management of
land and water resources in a way that prevents invasive
species from being reintroduced.
(2) Installation of best management practices or other
recommended practices to eliminate impacts on natural areas
outside a property's boundaries.
(3) Use of property for water retention or detention.
(4) Installation of phytoremediation cells and other waste
treatment facilities to provide environmental clean-up services
to remove suspended solids, particulates, toxic salts and
metals, and other pollutants from urban, suburban, industrial and farm
waste, including landfill leachates, stormwater runoff, tainted
groundwater and other sources of pollutants.
(5) Dedication of a portion of a property as a buffer strip
or filter strip.
(6) Retention of open space between developed areas and
natural areas.
(7) Implementation of wetland restoration, conservation, or
enhancement.
(8) Reduction of greenhouse emissions and enhancement of
carbon sequestering.
(9) Enhancement of soil, plant, or animal health and well-
being.
(10) Improvement of water quality.
(11) Improvement of air quality.
(12) Implementation of on-farm conservation and
regeneration of biological resources, including plant and
animal germplasm.
(13) Provision of access for research.
(14) Provision of periodic or limited public access in a
manner acceptable to the owner or operator.
(15) Any other service prescribed by or found to be
acceptable by the Secretary.
(g) Ensuring Availability of Funds.--All amounts required for
preparing, executing, carrying out, monitoring, and administering an
agreement for its entire term shall be made available by the Federal,
State, and local agencies and private sector entities involved in
funding the agreement upon execution of the agreement.

TITLE II--ADVISORY COUNCIL

SEC. 201. CREATION OF AN ADVISORY COUNCIL REGARDING PROGRAM.

(a) Appointment.--The Secretary shall appoint a 12-member advisory
council to assist the Secretary in carrying out the Farmland
Stewardship Program.
(b) Duties.--The advisory council shall assist the Secretary--
(1) in drafting such regulations as are necessary to carry
out the Program;
(2) in developing draft documents for executing farmland
stewardship agreements;
(3) in developing procedures and guidelines to facilitate
partnerships with other levels of government and nonprofit
organizations and assist contracting agencies in gathering data
and negotiating agreements;
(4) in designing criteria to consider applications
submitted under section 104(a);
(5) in providing assistance and training to project
partners and contracting agencies;
(6) in assisting project partners and contracting agencies
in combining together other conservation programs into
agreements;
(7) in tailoring the agreements to each individual
property;
(8) in monitoring progress under the agreements; and
(9) in reviewing and recommending possible modifications,
additions, adaptations, improvements, enhancements, or other
changes to the Program to improve the way in which the program
operates.
A:
American Farmland Stewardship Act of 2001 - Directs the Secretary of Agriculture to establish the Farmland Stewardship Program to target existing conservation programs to the specific needs of individual parcels of eligible agricultural lands through stewardship agreements with the owners and operators of such lands, and in partnership with other Federal, State, and local agencies whose programs are incorporated into the Program.