[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.
                                 <all>