[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1426 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1426

 To amend the Food Security Act of 1985 to promote the conservation of 
          soil and related resources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1999

   Mr. Harkin (for himself, Mr. Daschle, Mr. Leahy, Mr. Kerrey, Mr. 
Conrad, and Mr. Johnson) introduced the following bill; which was read 
  twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Food Security Act of 1985 to promote the conservation of 
          soil and related resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Conservation Security Act of 1999''.

SEC. 2. CONSERVATION SECURITY PROGRAM.

    Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 
3830 et seq.) is amended by adding at the end the following:

               ``CHAPTER 6--CONSERVATION SECURITY PROGRAM

``SEC. 1240P. CONSERVATION SECURITY PROGRAM.

    ``(a) In General.--The Secretary shall establish a conservation 
security program through the use of contracts to assist owners and 
operators of farms and ranches to promote--
            ``(1) conservation of soil, water, and related resources;
            ``(2) water quality protection and improvement;
            ``(3) air quality protection and improvement;
            ``(4) wetland restoration, protection, and creation;
            ``(5) wildlife habitat development and protection; and
            ``(6) any similar conservation purpose.
    ``(b) Eligibility.--
            ``(1) In general.--To be eligible to participate in the 
        conservation security program, an owner or operator shall--
                    ``(A) submit a resource security plan or a 
                livestock nutrient management plan to the Secretary, 
                and obtain the approval of the Secretary for the plan, 
                in accordance with subsection (c); and
                    ``(B) enter into a contract with the Secretary that 
                requires compliance with the plan in accordance with 
                subsection (e).
            ``(2) Limitation.--An owner or operator shall not be 
        eligible to enter into a contract specifying compliance with a 
        livestock nutrient management plan if the total number of 
        animals raised by the owner or operator exceeds 1,000 animal 
        units, as defined by the Secretary.
    ``(c) Plans.--
            ``(1) Resource security plans.--A resource security plan 
        shall--
                    ``(A) identify the resources to be secured by the 
                plan;
                    ``(B) describe the class of conservation practices 
                under subsection (d) to be implemented and maintained 
                on the land subject to the contract during the contract 
                period;
                    ``(C) contain a schedule for the implementation and 
                maintenance of the class of conservation practices 
                described in the plan;
                    ``(D) comply with the highly erodible land and 
                wetland conservation requirements of subtitles B and C; 
                and
                    ``(E) contain such other terms as the Secretary may 
                require.
            ``(2) Livestock nutrient management plans.--A livestock 
        nutrient management plan shall--
                    ``(A) contain a plan for managing the manure and 
                other organic byproducts produced on the farming or 
                ranching operation of an owner or operator in a manner 
                that protects air, water, and soil quality; and
                    ``(B) contain such other terms as the Secretary may 
                require.
            ``(3) State and local conservation priorities.--To the 
        maximum extent practicable and in a manner that is consistent 
        with the conservation security program, resource security plans 
        and livestock nutrient management plans shall address the 
        conservation priorities established by the State and locality 
        in which the farming or ranching operation is located.
    ``(d) Conservation Practices Under Resource Security Plans.--
            ``(1) In general.--The Secretary shall establish 3 classes 
        of conservation practices that are eligible for payment under a 
        contract entered into under this section to carry out a 
        resource security plan.
            ``(2) Inclusion of certain practices.--The Secretary shall 
        include in 1 of the classes of conservation practices--
                    ``(A) each environmental or conservation practice 
                that is included in the National Handbook of 
                Conservation Practices of the Natural Resources 
                Conservation Service; and
                    ``(B) any other conservation practice the Secretary 
                determines is appropriate.
            ``(3) Classes.--To carry out this subsection, the Secretary 
        shall establish the following 3 classes of conservation 
        practices (as appropriate for the farm or ranch operation of an 
        owner or operator):
                    ``(A) Class i.--Class I conservation practices 
                shall include--
                            ``(i) residue management;
                            ``(ii) nutrient management; and
                            ``(iii) environmentally sound grazing.
                    ``(B) Class ii.--Class II conservation practices 
                shall include--
                            ``(i) Class I conservation practices;
                            ``(ii) comprehensive nutrient management;
                            ``(iii) pesticide management;
                            ``(iv) partial field conservation practices 
                        (including windbreaks, grass waterways, shelter 
                        belts, filter strips and riparian buffers); and
                            ``(v) intensive grazing and wildlife 
                        habitat measures.
                    ``(C) Class iii.--Class III conservation practices 
                shall include--
                            ``(i) Class I and Class II conservation 
                        practices; and
                            ``(ii) such additional conservation 
                        practices as are necessary to implement and 
                        maintain a total resource management plan that 
                        addresses the long-term sustainability of the 
                        natural resource base of a farm or ranch 
                        operation.
    ``(e) Contracts.--
            ``(1) In general.--On approval of a resource security plan 
        or a livestock nutrient management plan of an owner or 
        operator, the Secretary shall enter into a contract with the 
        owner or operator that specifies--
                    ``(A) the land subject to the contract;
                    ``(B) in the case of a resource security plan, the 
                class of conservation practices under subsection (d) 
                that will be carried out on the land; and
                    ``(C) in the case of a livestock nutrient 
                management plan, the livestock facilities that are 
                covered by the contract.
            ``(2) Duration.--Subject to paragraphs (3) and (4), the 
        contract shall be for a term of not less than 3 years nor more 
        than 5 years.
            ``(3) Revision.--The Secretary may require an owner or 
        operator to modify a resource security plan or livestock 
        nutrient management plan before the expiration of the plan if 
        the Secretary determines that a change made to the size, 
        management, or any other aspect of the farming or ranching 
        operation of the owner or operator would, without the 
        modification, interfere with the conservation security program.
            ``(4) Renewal.--The contract of the owner or operator may 
        be renewed for successive 5-year periods, at the option of the 
        owner or operator, if--
                    ``(A) the owner or operator agrees to any 
                modification of the applicable resource security plan 
                or the livestock nutrient management plan that the 
                Secretary determines is necessary to carry out the 
                conservation security program; and
                    ``(B) the Secretary determines that the owner or 
                operator has complied with--
                            ``(i) the terms and conditions of the 
                        applicable resource security plan or a 
                        livestock nutrient management plan of the owner 
                        or operator; and
                            ``(ii) the terms and conditions of the 
                        contract.
    ``(f) Duties of Owners and Operators.--Under a contract entered 
into under subsection (e), during the term of the contract, an owner or 
operator of a farm or ranch shall agree--
            ``(1) to implement the applicable resource security plan or 
        livestock nutrient management plan approved by the Secretary;
            ``(2) to keep such records as the Secretary may require for 
        purposes of evaluation of the implementation of the plan;
            ``(3) not to engage in any activity that would defeat the 
        purposes of the conservation security program; and
            ``(4) to forgo incentive payments, rental payments, or 
        easement payments under any other conservation program 
        administered by the Secretary for land subject to the contract, 
        except that the owner or operator shall not otherwise become 
        ineligible for participation in and receipt of cost-share 
        payments under any other conservation program as a result of 
        payments received under this section.
    ``(g) Duties of Secretary.--
            ``(1) Resource security plans.--
                    ``(A) In general.--Under a contract entered into by 
                an owner or operator under this section to carry out a 
                resource security plan, subject to subparagraph (B), 
                the Secretary shall, for a period of years not in 
                excess of the term of the contract, make an annual 
                rental payment to the owner or operator in an amount 
                equal to--
                            ``(i) 10 percent of the average county 
                        rental rate for the same type of land enrolled 
                        under the contract that will be maintained 
                        using Class I conservation practices described 
                        in subsection (d)(3)(A);
                            ``(ii) 20 percent of the average county 
                        rental rate for the same type of land enrolled 
                        under the contract that will be maintained 
                        using Class II conservation practices described 
                        in subsection (d)(3)(B); and
                            ``(iii) 40 percent of the average county 
                        rental rate for the same type of land enrolled 
                        under the contract that will be maintained 
                        using Class III conservation practices 
                        described in subsection (d)(3)(C).
            ``(2) Livestock nutrient management plans.--Under a 
        contract entered into by an owner or operator under this 
        section to carry out a livestock nutrient management plan, the 
        Secretary shall, for a period of years not in excess of the 
        term of the contract, make an annual rental payment to the 
        owner or operator in an amount equal to the product obtained by 
        multiplying--
                    ``(A) 10 percent of the simple average price 
                received by owners and operators for each type of 
                livestock covered by the plan during the 5 marketing 
                years immediately preceding the year covered by the 
                annual payment; by
                    ``(B) the number of that type of livestock raised 
                by the owner or operator during the year covered by the 
                annual payment.
                    ``(3) Limitation on payments.--The total amount of 
                payments paid to an owner or operator under paragraphs 
                (1) and (2) shall not exceed $50,000 for any fiscal 
                year.
            ``(4) Technical assistance.--The Secretary shall use not 
        less than 15 percent, nor more than 20 percent, of the funds 
        that are made available to carry out this section for a fiscal 
        year to provide technical assistance to owners and operators 
        entering into contracts under this section.
            ``(5) Other payments.--Except as otherwise provided in this 
        section, payments received by an owner or operator under this 
        subsection shall be in addition to, and not affect, the total 
        amount of payments that the owner or operator is otherwise 
        eligible to receive under--
                    ``(A) this Act;
                    ``(B) the Federal Agriculture Improvement and 
                Reform Act of 1996 (Public Law 104-127), including the 
                Agricultural Market Transition Act (7 U.S.C. 7201 et 
                seq.);
                    ``(C) the Food, Agriculture, Conservation, and 
                Trade Act of 1990 (Public Law 101-624); or
                    ``(D) the Agricultural Act of 1949 (7 U.S.C. 1421 
                et seq.).''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--This Act and the amendment made by this Act take 
effect on October 1, 1999.
    (b) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall promulgate such regulations 
as are necessary to carry out this Act and the amendment made by this 
Act.
                                 <all>