[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1938 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1938
To extend and expand conservation programs administered by the
Department of Agriculture.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2001
Mr. Moran of Kansas (for himself, Mr. Cooksey, Mr. Hayes, and Mr.
Pickering) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To extend and expand conservation programs administered by the
Department of Agriculture.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) This Act may be cited as the ``Conservation Enhancement Act of
2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENSION AND ADDITIONAL FUNDING FOR CONSERVATION PROGRAMS
Sec. 101. Extension of conservation programs through 2012.
Sec. 102. Provision of additional funding.
TITLE II--SUBSTANTIVE CHANGES TO CONSERVATION PROGRAMS
Subtitle A--Environmental Quality Incentives Program
Sec. 201. Implementation of best management practices.
Sec. 202. Time for payments.
Sec. 203. Contract term.
Sec. 204. Federal share of cost-share payments.
Sec. 205. Carry over of unobligated amounts.
Sec. 206. Conservation priority areas and priority issues.
Subtitle B--Wildlife Habitat Incentives Program
Sec. 211. Pilot programs to prevent listing of endangered species and
preserve critical habitats.
Subtitle C--Conservation Reserve Program
Sec. 221. Full enrollment of authorized acreage.
Sec. 222. Additional pilot program.
Sec. 223. Expanded haying and grazing.
Sec. 224. Protection of farm program base.
Subtitle D--Wetlands Reserve Program
Sec. 231. Increase in authorized maximum enrollment.
Sec. 232. Enrollment methods.
Subtitle E--Conservation Technical Assistance
Sec. 241. Sense of Congress concerning conservation technical
assistance.
TITLE I--EXTENSION AND ADDITIONAL FUNDING FOR CONSERVATION PROGRAMS
SEC. 101. EXTENSION OF CONSERVATION PROGRAMS THROUGH 2012.
(a) Environmental Conservation Acreage Reserve Program.--Section
1230(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3830(a)(1)) is
amended by striking ``2002'' and inserting ``2012''.
(b) Conservation Reserve Program.--(1) Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended in subsections (a),
(b)(3), and (d) by striking ``2002'' and inserting ``2012''.
(2) Section 1232(c) of the Food Security Act of 1985 (16 U.S.C.
3832(c)) is amended by striking ``2002'' and inserting ``2012''.
(c) Wetland Reserve Program.--Section 1237(c) of the Food Security
Act of 1985 (16 U.S.C. 3837(c)) is amended by striking ``2002'' and
inserting ``2012''.
(d) Environmental Quality Incentives Program.--Section 1240B(a)(1)
of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(a)(1)) is amended
by striking ``2002'' and inserting ``2012''.
(e) Wildlife Habitat Incentives Program.--Section 387(c) of the
Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C.
3836a(c)) is amended by striking ``1996 through 2002'' and inserting
``2003 through 2012''.
SEC. 102. PROVISION OF ADDITIONAL FUNDING.
(a) Environmental Conservation Acreage Reserve Program.--Section
1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended--
(1) in subsection (a), by striking ``2002'' and inserting
``2012'';
(2) in subsection (b)(1)--
(A) by striking ``and'' after ``1996,''; and
(B) by inserting ``and $500,000,000 for each of
fiscal years 2003 through 2012,''; and
(3) in subsection (b)(2), by striking ``2002'' and
inserting ``2012''.
(b) Wildlife Habitat Incentives Program.--Section 387(c) of the
Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C.
3836a(c)) is amended by striking ``$50,000,000'' and inserting
``$200,000,000''.
TITLE II--SUBSTANTIVE CHANGES TO CONSERVATION PROGRAMS
Subtitle A--Environmental Quality Incentives Program
SEC. 201. IMPLEMENTATION OF BEST MANAGEMENT PRACTICES.
Section 1240A(2) of the Food Security Act of 1985 (16 U.S.C.
3839aa-1(2)) is amended by adding at the end the following new
sentence: ``The term includes best management practices approved for
use in agricultural production by the Secretary.''.
SEC. 202. TIME FOR PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended by striking subsection (c) and inserting the following new
subsection:
``(c) Timing of Payments.--The Secretary shall make cost-share
payments and incentive payments under this chapter as soon as possible
after the contract between the producer and the Secretary is
executed.''.
SEC. 203. CONTRACT TERM.
Section 1240B(b)(2) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(b)(2)) is amended by striking ``5'' and inserting ``3''.
SEC. 204. FEDERAL SHARE OF COST-SHARE PAYMENTS.
Section 1240B(e)(1)(A) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(e)(1)(A)) is amended by striking ``not more than'' and
inserting ``equal to''.
SEC. 205. CARRY OVER OF UNOBLIGATED AMOUNTS.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended by adding at the end the following new paragraph:
``(3) Multi-year availability of funds.--Funds made
available under paragraph (1) for a fiscal year shall remain
available until expended.''.
SEC. 206. CONSERVATION PRIORITY AREAS AND PRIORITY ISSUES.
(a) Repeal of Limitation on Assistance for Confined Animal Feeding
Operations.--Section 1240B(e)(1) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(e)(1)) is amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraph (C) as subparagraph (B).
(b) Reservation of Funds for Conservation Priority Areas.--Section
1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is
amended--
(1) by inserting ``(a) Priorities.--'' before ``In
providing''; and
(2) by adding at the end the following new subsection:
``(b) Limitation.--Notwithstanding subsection (a)(1), the total
amount of funds obligated under this chapter in a fiscal year for land
management practices and structural practices to be implemented, or
previously implemented, in conservation priority areas may not exceed
50 percent of total amount of funds available under section 1241(b) for
that fiscal year.''.
(c) Additional Priority.--Section 1240C of the Food Security Act of
1985 (16 U.S.C. 3839aa-3) is amended by inserting after subsection (b),
as added by subsection (a) of this section, the following new
subsection:
``(c) Priority Funding for Confined Livestock Feeding Operations.--
In addition to the priorities established in subsection (a), it is the
sense of the Congress that the Secretary should accord priority to the
implementation of land management practices and structural practices by
producers who own or operate confined animal feeding operations. The
priority so accorded to confined animal feeding operations should not
depend on the size of the operation.''.
Subtitle B--Wildlife Habitat Incentives Program
SEC. 211. PILOT PROGRAMS TO PREVENT LISTING OF ENDANGERED SPECIES AND
PRESERVE CRITICAL HABITATS.
Section 387 of the Federal Agriculture Improvement and Reform Act
of 1996 (16 U.S.C. 3836a) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Pilot Programs To Prevent Listing of Endangered Species and
Preserve Critical Habitats.--Of the total amount made available under
subsection (e) for fiscal years 2003 through 2012, the Secretary shall
use $40,000,000 to support pilot programs involving local initiatives
to prevent the listing of a fish, wildlife, or plant species as a
threatened species or endangered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) through the preservation or
development of critical habitat for such species. No more than two
pilot programs may be supported under this subsection in any region of
the United States.
``(d) Effect of Participation.--A person receiving cost-share
payments under subsection (b) or participating in a pilot program
funded under subsection (c) shall not be penalized or subject to
increased land use regulations if, as a result of the activities
undertaken with the funds provided under this section, a threatened
species or endangered species locates on the preserved or developed
wildlife habitat. Participation in the program, including a pilot
program funded under subsection (c), is voluntary, and a participant
shall not lose any rights to control access to private property on
account of the receipt of a payment under this section.''.
Subtitle C--Conservation Reserve Program
SEC. 221. FULL ENROLLMENT OF AUTHORIZED ACREAGE.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C.
3831(d)) is amended by adding at the end the following new sentence:
``If, as of the date of the enactment of the ____ Act of 2001, the
maximum authorized acreage is not yet enrolled, the Secretary shall
encourage additional enrollments so as to achieve enrollment of the
maximum authorized acreage.''.
SEC. 222. ADDITIONAL PILOT PROGRAM.
Section 1231(b) of the Food Security Act of 1985 (16 U.S.C.
3831(b)) is amended by adding at the end the following new subsection:
``(i) Pilot Program To Address Local and Regional Conservation
Issues.--
``(1) Authorized acreage.--The Secretary may enroll in the
conservation reserve under this subsection up to 10,000,000
acres. Any acreage enrolled under this subsection shall not be
counted toward maximum enrollment limitation specified in
subsection (d).
``(2) Pilot programs authorized.--The Secretary shall carry
out pilot programs to evaluate the feasibility of using the
conservation reserve program to support local and regional
efforts to preserve croplands and pasture lands and address
conservation issues. The Secretary may make grants to, or enter
into agreements with, public and private entities that operate
farmland protection programs and that offer to undertake the
enrollment of acreage under the pilot program.
``(3) Maximum program enrollment.--The Secretary shall
conduct at least 10 pilot programs under the authority of this
section, and not more than 1,000,000 acres may be enrolled
through a single pilot program.
``(4) Eligible lands.--The following lands are eligible for
enrollment under the pilot program:
``(A) Lands described in subsection (b).
``(B) Croplands or pasture lands that are not
otherwise eligible for enrollment, but that contain
habitat suitable for a fish, wildlife, or plant species
that is listed, being considered for listing, or may be
considered for listing as a threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
``(5) Continuation of agricultural use.--Lands used before
enrollment for the production of an agricultural commodity or
the grazing of livestock may remain in production after
enrollment.''.
SEC. 223. EXPANDED HAYING AND GRAZING.
Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)(A)) is amended--
(1) by striking ``and'' at the end of clauses (i) and (ii);
(2) by adding at the end the following new clauses:
``(iii) harvesting or grazing according to
approved stocking rates or other commercial use
of the forage on such land if the Secretary
determines that the harvesting or grazing or
other commercial use of the forage will enhance
the quality of the vegetative cover and the
harvesting or grazing or other commercial use
of the forage is conducted no more frequently
than authorized for other maintenance options;
and
``(iv) grazing on land that is subject to a
contract entered into under the Secretary's
continuous signup authority when the grazing is
incidental to the grazing of a growing winter-
seeded crop; and''.
SEC. 224. PROTECTION OF FARM PROGRAM BASE.
Section 1236 of the Food Security Act of 1985 (16 U.S.C. 3836) is
amended--
(1) by striking subsection (a); and
(2) in subsection (b), by striking ``may provide'' and
inserting ``shall provide''.
Subtitle D--Wetlands Reserve Program
SEC. 231. INCREASE IN AUTHORIZED MAXIMUM ENROLLMENT.
(a) Increase.--Section 1237(b)(1) of the Food Security Act of 1985
(16 U.S.C. 3837(b)(1)) is amended by striking ``975,000'' and inserting
``2,500,000''.
(b) Conforming Repeal.--Section 808 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (as enacted by Public Law 106-387; 114 Stat.
1549A-52), is repealed.
SEC. 232. ENROLLMENT METHODS.
Section 1237(b) of the Food Security Act of 1985 (16 U.S.C.
3837(b)) is amended by striking paragraph (2) and inserting the
following new paragraph:
``(2) Methods of enrollment.--The Secretary may enroll up
to 1,000,000 acres of eligible lands into the wetlands reserve
program using permanent easements, with the remaining
authorized acreage enrolled into 30-year easements or
restoration cost-share agreements.''.
Subtitle E--Conservation Technical Assistance
SEC. 241. SENSE OF CONGRESS CONCERNING CONSERVATION TECHNICAL
ASSISTANCE.
It is the sense of Congress that not less than $1,000,000,000
should be appropriated the Secretary of Agriculture each fiscal year to
restore staffing and technical assistance levels for the Natural
Resources Conservation Service to pre-1985 levels since Natural
Resources Conservation Service personnel are the key component
necessary to deliver current and expanded conservation programs and to
assist producers in planning and implementing successful conservation
initiatives.
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