[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1153 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1153

To amend the Food Security Act of 1985 to establish a grassland reserve 
    program to assist owners in restoring and protecting grassland.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2001

Mr. Craig (for himself, Mrs. Feinstein, and Mr. Thomas) 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 establish a grassland reserve 
    program to assist owners in restoring and protecting grassland.

    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 ``Grassland Reserve Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) vast grassland once provided critical habitat for 
        complex plant and animal communities throughout much of North 
        America;
            (2) today, grassland areas have been largely converted to 
        other uses, threatening and eliminating plant and animal 
        communities unique to North America;
            (3) a significant portion of the remaining grassland is on 
        working ranches;
            (4) ranchers have an economic interest in preserving the 
        remaining grassland as forage for their livestock;
            (5) many ranchers are also concerned about losing the open 
        spaces and ``big sky'' central to the ranching way of life;
            (6) apart from the loss of grassland, ranches themselves 
        have steadily disappeared through the years and are likely to 
        disappear at a faster rate in the immediate decade as a 
        generation of ranchers reach retirement age;
            (7) ranch land provides important open-space buffers for 
        animal and plant habitat;
            (8) ranching forms the economic backbone for much of the 
        rural area of the western United States;
            (9) currently, there are no Federal programs that protect 
        grassland, ranch land, or other land with comparable high 
        resource value, other than wetland, on a national scale; and
            (10) a grassland reserve program would provide important 
        economic assistance to ranchers and other agricultural 
        producers who may voluntarily decide that participating in the 
        program would be to their advantage.

SEC. 3. GRASSLAND RESERVE PROGRAM.

    Chapter 1 of 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:

               ``Subchapter D--Grassland Reserve Program

``SEC. 1238. GRASSLAND RESERVE PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the Natural 
Resource Conservation Service, shall establish a grassland reserve 
program (referred to in this subchapter as `the program') to assist 
owners in restoring and protecting eligible land described in 
subsection (c).
    ``(b) Enrollment Conditions.--
            ``(1) In general.--The Secretary shall enroll in the 
        program, from willing owners, not less than--
                    ``(A) 100 contiguous acres of land west of the 90th 
                meridian; or
                    ``(B) 50 contiguous acres of land east of the 90th 
                meridian.
            ``(2) Maximum enrollment.--The total number of acres 
        enrolled in the program shall not exceed 1,000,000 acres.
            ``(3) Methods of enrollment.--The Secretary shall enroll 
        land in the program through--
                    ``(A) permanent easements or 30-year easements;
                    ``(B) in a State that imposes a maximum duration 
                for such an easement, an easement for the maximum 
                duration allowed under State law; or
                    ``(C) a 30-year rental agreement.
    ``(c) Eligible Land.--Land shall be eligible to be enrolled in the 
program if the Secretary determines that the land is--
            ``(1) natural grassland or shrubland;
            ``(2) land that--
                    ``(A) is located in an area that has been 
                historically dominated by natural grassland or 
                shrubland; and
                    ``(B) has potential to serve as habitat for animal 
                or plant populations of significant ecological value if 
                the land is restored to natural grassland or shrubland; 
                or
            ``(3) land that is incidental to land described in 
        paragraph (1) or (2), if the incidental land is determined by 
        the Secretary to be necessary for the efficient administration 
        of the easement.

``SEC. 1238A. EASEMENTS AND AGREEMENTS.

    ``(a) In General.--To be eligible to enroll land in the program, 
the owner of the land shall enter into an agreement with the 
Secretary--
            ``(1) to grant an easement that runs with the land to the 
        Secretary;
            ``(2) to create and record an appropriate deed restriction 
        in accordance with applicable State law to reflect the 
        easement;
            ``(3) to provide a written statement of consent to the 
        easement signed by persons holding a security interest or any 
        vested interest in the land;
            ``(4) to provide proof of unencumbered title to the 
        underlying fee interest in the land that is the subject of the 
        easement; and
            ``(5) to comply with the terms of the easement and 
        restoration agreement.
    ``(b) Terms of Easement.--An easement under subsection (a) shall--
            ``(1) permit--
                    ``(A) grazing on the land in a manner that is 
                consistent with maintaining the viability of natural 
                grass and shrub species indigenous to that locality;
                    ``(B) haying (including haying for seed production) 
                or mowing, except during the nesting season for birds 
                in the area that are in significant decline, as 
                determined by the Natural Resources Conservation 
                Service State conservationist, or are protected Federal 
                or State law; and
                    ``(C) fire rehabilitation, construction of fire 
                breaks, and fences (including placement of the posts 
                necessary for fences);
            ``(2) prohibit--
                    ``(A) the production of row crops, fruit trees, 
                vineyards, or any other agricultural commodity that 
                requires breaking the soil surface; and
                    ``(B) except as permitted under paragraph (1)(C), 
                the conduct of any other activities that would disturb 
                the surface of the land covered by the easement, 
                including--
                            ``(i) plowing; and
                            ``(ii) disking; and
            ``(3) include such additional provisions as the Secretary 
        determines are appropriate to carry out this subchapter or to 
        facilitate the administration of this subchapter.
    ``(c) Evaluation and Ranking of Easement Applications.--
            ``(1) In general.--The Secretary, in conjunction with State 
        technical committees, shall establish criteria to evaluate and 
        rank applications for easements under this subchapter.
            ``(2) Criteria.--In establishing the criteria, the 
        Secretary shall emphasize support for grazing operations, plant 
        and animal biodiversity, and grassland and shrubland under the 
        greatest threat of conversion.
    ``(d) Restoration Agreements.--
            ``(1) In general.--The Secretary shall prescribe the terms 
        by which grassland and shrubland subject to an easement under 
        an agreement entered into under the program shall be restored.
            ``(2) Requirements.--The restoration agreement shall 
        describe the respective duties of the owner and the Secretary 
        (including paying the Federal share of the cost of restoration 
        and the provision of technical assistance).
    ``(e) Violations.--
            ``(1) In general.--On the violation of the terms or 
        conditions of an easement or restoration agreement entered into 
        under this section--
                    ``(A) the easement shall remain in force; and
                    ``(B) the Secretary may require the owner to refund 
                all or part of any payments received by the owner under 
                this subchapter, with interest on the payments as 
                determined appropriate by the Secretary.
            ``(2) Periodic inspections.--
                    ``(A) In general.--After providing notice to the 
                owner, the Secretary shall conduct periodic inspections 
                of land subject to easements under this subchapter to 
                ensure that the terms of the easement and restoration 
                agreement are being met.
                    ``(B) Limitation.--The Secretary may not prohibit 
                the owner, or a representative of the owner, from being 
                present during a periodic inspection.

``SEC. 1238B. DUTIES OF SECRETARY.

    ``(a) In General.--In return for the granting of an easement by an 
owner under this subchapter, the Secretary shall, in accordance with 
this section,--
            ``(1) make easement payments;
            ``(2) pay the Federal share of the cost of restoration; and
            ``(3) provide technical assistance to the owner.
    ``(b) Payment Schedule.--
            ``(1) Easement Payments.--
                    ``(A) Amount.--In return for the granting of an 
                easement by an owner under this subchapter, the 
                Secretary shall make easement payments to the owner in 
                an amount equal to--
                            ``(i) in the case of a permanent easement, 
                        the fair market value of the land less the 
                        grazing value of the land encumbered by the 
                        easement; and
                            ``(ii) in the case of a 30-year easement or 
                        an easement for the maximum duration allowed 
                        under applicable State law, 30 percent of the 
                        fair market value of the land less the grazing 
                        value of the land for the period during which 
                        the land is encumbered by the easement.
            ``(B) Schedule.--Easement payments may be provided in not 
        less than 1 payment nor more than 10 annual payments of equal 
        or unequal amount, as agreed to by the Secretary and the owner.
            ``(2) Rental Agreement Payments.--
                    ``(A) Amount.--If an owner enters into a 30-year 
                rental agreement authorized under section 
                1238(b)(3)(C), the Secretary shall make 30 annual 
                rental payments to the owner in an amount that equals, 
                to the maximum extent practicable, the 30-year easement 
                payment amount under paragraph (1)(A)(ii).
                    ``(B) Assessment.--Not less than once every 5 years 
                throughout the 30-year rental period, the Secretary 
                shall assess whether the value of the rental payments 
                under subparagraph (A) equals, to the maximum extent 
                practicable, the 30-year easement payments as of the 
                date of the assessment.
                    ``(C) Adjustment.--If on completion of the 
                assessment under subparagraph (B), the Secretary 
                determines that the rental payments do not equal, to 
                the maximum extent practicable, the value of payments 
                under a 30-year easement, the Secretary shall adjust 
                the amount of the remaining payments to equal, to the 
maximum extent practicable, the value of a 30-year easement over the 
entire 30-year rental period.
    ``(c) Federal Share of Cost of Restoration.--The Secretary shall 
make payments to the owner of not more than 75 percent of the cost of 
carrying out measures and practices necessary to restore grassland and 
shrubland functions and values.
    ``(d) Technical Assistance.--
            ``(1) In general.--The Secretary shall provide owners with 
        technical assistance to execute easement documents and restore 
        the grassland and shrubland.
            ``(2) Reimbursement by commodity credit corporation.--The 
        Commodity Credit Corporation shall reimburse the Secretary, 
        acting through the Natural Resources Conservation Service, for 
        not more than 10 percent of the cost of acquisition of the 
        easement and the Federal share of the cost of restoration 
        obligated for that fiscal year.
    ``(e) Payments to Others.--If an owner that is entitled to a 
payment under this subchapter dies, becomes incompetent, is otherwise 
unable to receive the payment, or is succeeded by another person who 
renders or completes the required performance, the Secretary shall make 
the payment, in accordance with regulations promulgated by the 
Secretary and without regard to any other provision of law, in such 
manner as the Secretary determines is fair and reasonable in light of 
all the circumstances.
    ``(f) Other Payments.--Easement payments received by an owner under 
this subchapter shall be in addition to, and not affect, the total 
amount of payments that the owner is otherwise eligible to receive 
under other Federal laws.

``SEC. 1238C. ADMINISTRATION.

    ``(a) Delegation to Private Organizations.--
            ``(1) In general.--The Secretary shall permit a private 
        conservation or land trust organization or a State agency to 
        hold and enforce an easement under this subchapter, in lieu of 
        the Secretary, if--
                    ``(A) the Secretary determines that granting such 
                permission is likely to promote grassland and shrubland 
                protection; and
                    ``(B) the owner authorizes the private conservation 
                or land trust or a State agency to hold and enforce the 
                easement.
            ``(2) Application.--An organization that desires to hold an 
        easement under this subchapter shall apply to the Secretary for 
        approval.
            ``(3) Approval by secretary.--The Secretary shall approve 
        an organization under this subchapter that is constituted for 
        conservation or ranching purposes and is competent to 
        administer grassland and shrubland easements.
            ``(4) Reassignment.--If an organization holding an easement 
        on land under this subchapter terminates--
                    ``(A) the owner of the land shall reassign the 
                easement to another organization described in paragraph 
                (1) or to the Secretary; and
                    ``(B) the owner and the new organization shall 
                notify the Secretary in writing that a reassignment for 
                termination has been made.
    ``(b) Regulations.--Not later than 180 days after the date of 
enactment of this subchapter, the Secretary shall issue such 
regulations as are necessary to carry out this subchapter.''.

SEC. 4. FUNDING.

    Section 1241(a)(2) of the Food Security Act of 1985 (16 U.S.C. 
3841(a)(2)) is amended by striking ``subchapter C'' and inserting 
``subchapters C and D''.
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