[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1267

    To extend and improve conservation programs administered by the 
                       Secretary of Agriculture.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2001

  Mr. Crapo (for himself, Mr. Lugar, Mr. Roberts, and Mr. Hutchinson) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To extend and improve conservation programs administered by the 
                       Secretary 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) Short Title.--This Act may be cited as the ``Conservation 
Extension and Enhancement Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
      TITLE I--ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM

Sec. 101. Environmental conservation acreage reserve program.
                 TITLE II--CONSERVATION RESERVE PROGRAM

Sec. 201. Extension of program.
Sec. 202. Eligible lands.
Sec. 203. Conservation buffers and conservation reserve enhancement 
                            program.
Sec. 204. Hardwood trees.
Sec. 205. Haying and grazing.
                  TITLE III--WETLANDS RESERVE PROGRAM

Sec. 301. Annual enrollment authority.
Sec. 302. Extension of program.
Sec. 303. Technical assistance.
                  TITLE IV--GRASSLAND RESERVE PROGRAM

Sec. 401. Grassland reserve program.
Sec. 402. Funding.
           TITLE V--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM

Sec. 501. Air quality.
Sec. 502. Extension of program.
Sec. 503. Term.
Sec. 504. Federal share of cost-share payments.
Sec. 505. Limitation on confined livestock operations.
Sec. 506. Technical assistance.
Sec. 507. Technical advisers.
Sec. 508. Conservation priority areas; nonpoint source pollution.
Sec. 509. Payment limitations.
Sec. 510. Timing of expenditures.
Sec. 511. Funding.
        TITLE VI--RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

Sec. 601. Resource conservation and development program.
            TITLE VII--CONSERVATION OF PRIVATE GRAZING LAND

Sec. 701. Conservation of private grazing land.
             TITLE VIII--WILDLIFE HABITAT INCENTIVE PROGRAM

Sec. 801. Pilot programs to avoid listing of endangered species and 
                            preserve critical habitats.
Sec. 802. Authorization of appropriations.
                 TITLE IX--FARMLAND PROTECTION PROGRAM

Sec. 901. Authorization of appropriations.
             TITLE X--MISCELLANEOUS CONSERVATION PROVISIONS

Sec. 1001. Privacy of personal information relating to natural 
                            resources conservation programs.
Sec. 1002. Study of conservation accounting system.
Sec. 1003. Study of disaster programs.
Sec. 1004. Technical amendments.
                     TITLE XI--EFFECT OF AMENDMENTS

Sec. 1101. Effect of amendments.

      TITLE I--ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM

SEC. 101. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.

    (a) In General.--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 ``2011''.
    (b) Funding.--Section 1241(a) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)) is amended by striking ``2002'' and inserting ``2011''.

                 TITLE II--CONSERVATION RESERVE PROGRAM

SEC. 201. EXTENSION OF PROGRAM.

    (a) In General.--Section 1231 of the Food Security Act of 1985 (16 
U.S.C. 3831) is amended--
            (1) in subsections (a), (b)(3), and (d), by striking 
        ``2002'' each place it appears and inserting ``2011''; and
            (2) in subsection (h)(1), by striking ``the 2001 and 2002'' 
        and inserting ``each of the 2001 through 2011''.
    (b) Duties of Owners and Operators.--Section 1232(c) of the Food 
Security Act of 1985 (16 U.S.C. 3832(c)) is amended by striking 
``2002'' and inserting ``2011''.

SEC. 202. ELIGIBLE LANDS.

    Section 1231(b)(4) of the Food Security Act of 1985 (16 U.S.C. 
3831(b)(4)) is amended by striking ``croplands'' each place it appears 
and inserting ``lands''.

SEC. 203. CONSERVATION BUFFERS AND CONSERVATION RESERVE ENHANCEMENT 
              PROGRAM.

    Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 
3831(d)) is amended--
            (1) by striking ``36,400,000'' and inserting 
        ``40,000,000'';
            (2) by striking ``1986 through 2002'' and inserting ``2003 
        through 2011''; and
            (3) by inserting before the period at the end the 
        following: ``, of which not less than--
            ``(1) 2,500,000 acres shall be enrolled to establish 
        conservation buffers using continuous signup under section 
        1234(c)(2)(B); and
            ``(2) 1,100,000 acres shall be enrolled through the 
        conservation reserve enhancement program established by the 
        Secretary.''.

SEC. 204. HARDWOOD TREES.

    Section 1231(e)(2) of the Food Security Act of 1985 (16 U.S.C. 
3831(e)(2)) is amended--
            (1) by striking ``In the'' and inserting the following:
                    ``(A) In general.--In the'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
                    ``(B) Existing hardwood tree contacts.--The 
                Secretary''; and
            (3) by adding at the end the following:
                    ``(C) New hardwood tree contracts.--In the case of 
                land devoted to hardwood trees under a contact entered 
                under this subchapter after the date of enactment of 
                this subparagraph, on the request of the owner or 
                operator of the land, the Secretary shall extend the 
                contract for terms of not to exceed 10 years.''.

SEC. 205. 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 by striking clause (ii) and inserting the 
following:
                            ``(ii) harvesting or grazing in accordance 
                        with approved stocking rates, or other 
                        commercial use of the forage on the land, that 
                        will (as determined by the Secretary)--
                                    ``(I) enhance the quality of 
                                vegetative cover; and
                                    ``(II) be conducted not more 
                                frequently than authorized for other 
                                maintenance options; and''.

                  TITLE III--WETLANDS RESERVE PROGRAM

SEC. 301. ANNUAL ENROLLMENT AUTHORITY.

    Section 1237(b) of the Food Security Act of 1985 (16 U.S.C. 
3837(b)) is amended by striking paragraph (1) and inserting the 
following:
            ``(1) Annual enrollment authority.--The Secretary may 
        enroll in the wetlands reserve program not more than 250,000 
        acres for each of calendar years 2003 through 2011.''.

SEC. 302. EXTENSION OF PROGRAM.

    Section 1237(c) of the Food Security Act of 1985 (16 U.S.C. 
3837(c)) is amended by striking ``2002'' and inserting ``2011''.

SEC. 303. TECHNICAL ASSISTANCE.

    Section 1241(a)(2) of the Food Security Act of 1985 (16 U.S.C. 
3841(a)(2)) is amended by inserting before the semicolon at the end the 
following: ``, of which not more than 10 percent of the funds made 
available for a fiscal year may be used by the Secretary to provide 
technical assistance under that subchapter''.

                  TITLE IV--GRASSLAND RESERVE PROGRAM

SEC. 401. 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. 402. 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''.

           TITLE V--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM

SEC. 501. AIR QUALITY.

    Sections 1240 and 1240A of the Food Security Act of 1985 (16 U.S.C. 
3839aa, 3838aa-1) are amended by inserting ``air,'' after ``soil,'' 
each place it appears.

SEC. 502. EXTENSION OF 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 ``2011''.

SEC. 503. TERM.

    Section 1240B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-2(b)(2)) is amended by striking ``not less than 5, nor more than 
10, years,'' and inserting ``not less than 1 year, nor more than 10 
years,''.

SEC. 504. 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. 505. LIMITATION ON CONFINED LIVESTOCK 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).

SEC. 506. TECHNICAL ASSISTANCE.

    Section 1240B(e)(3)(A) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-2(e)(3)(A)) is amended in the first sentence by striking 
``funding under this chapter'' and inserting ``not more than 25 percent 
of the funding under this chapter for a fiscal year''.

SEC. 507. TECHNICAL ADVISERS.

    Section 1240B(e)(3)(C) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-2(e)(3)(C)) is amended in the first sentence by striking ``and 
certified crop advisers'' and inserting ``certified crop advisers, and 
other technical advisers (approved by the Secretary)''.

SEC. 508. CONSERVATION PRIORITY AREAS; NONPOINT SOURCE POLLUTION.

    (a) In General.--Section 1240C of the Food Security Act of 1985 (16 
U.S.C. 3839aa-3) is amended--
            (1) by striking paragraph (1) and inserting the following;
            ``(1) assist producers in complying with--
                    ``(A) nonpoint source pollution requirements under 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.); and
                    ``(B) the provisions of other Federal and State 
                environmental laws relating to the agricultural 
                operations of the producers;''; and
            (2) in paragraph (3), by striking ``watersheds, regions, or 
        conservation priority areas'' and inserting ``watersheds or 
        regions''.
    (b) Conforming Amendments.--Section 1230(c) of the Food Security 
Act of 1985 (16 U.S.C. 3830(c)) is amended by striking ``and chapter 
4'' each place it appears.

SEC. 509. PAYMENT LIMITATIONS.

    Section 1240G(a) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-7(a)) is amended--
            (1) in paragraph (1), by striking ``$10,000'' and inserting 
        ``$30,000''; and
            (2) in paragraph (2), by striking ``$50,000'' and inserting 
        ``$150,000''.

SEC. 510. TIMING OF EXPENDITURES.

    Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) 
is amended by striking subsection (c).

SEC. 511. FUNDING.

    Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 
3841(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' after ``1996,''; and
                    (B) by inserting ``and $615,0000,000 for each of 
                fiscal years 2003 through 2011 (to remain available 
                until expended),'' after ``through 2002,'';
            (2) in paragraph (2), by striking ``2002'' and inserting 
        ``2011''; and
            (3) by adding at the end the following:
            ``(3) Colorado river basin salinity control.--Of the amount 
        made available under paragraph (1) for a fiscal year, the 
        Secretary shall use not less than $15,000,000 to carry out 
        salinity control measures (including watershed enhancement and 
        cost-share measures with livestock and crop producers) in the 
        Colorado River Basin.''.

        TITLE VI--RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

SEC. 601. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.

    Subtitle H of title XV of the Agriculture and Food Act of 1981 (16 
U.S.C. 3451 et seq.) is amended to read as follows:

      ``Subtitle H--Resource Conservation and Development Program

``SEC. 1528. DEFINITIONS.

    ``In this subtitle:
            ``(1) Area plan.--The term `area plan' means a resource 
        conservation and use plan that is developed by a council for a 
        designated area of a State or States through a planning process 
        and that includes 1 or more of the following elements:
                    ``(A) A land conservation element, the purpose of 
                which is to control erosion and sedimentation.
                    ``(B) A water management element, the purpose of 
                which is to provide for--
                            ``(i) the conservation, use, and quality of 
                        water, including irrigation and rural water 
                        supplies;
                            ``(ii) the mitigation of floods and high 
                        water tables;
                            ``(iii) the construction, repair, and 
                        improvement of dams and reservoirs;
                            ``(iv) the improvement of agricultural 
                        water management; and
                            ``(v) the improvement of water quality.
                    ``(C) A community development element, the purpose 
                of which is--
                            ``(i) the development of resources-based 
                        industries;
                            ``(ii) the protection of rural industries 
                        from natural resource hazards;
                            ``(iii) the development of adequate rural 
                        water and waste disposal systems;
                            ``(iv) the improvement of recreation 
                        facilities;
                            ``(v) the improvement in the quality of 
                        rural housing;
                            ``(vi) the provision of adequate health and 
                        education facilities;
                            ``(vii) the satisfaction of essential 
                        transportation and communication needs; and
                            ``(viii) the promotion of food security, 
                        economic development, and education.
                    ``(D) A land management element, the purpose of 
                which is--
                            ``(i) energy conservation;
                            ``(ii) the protection of agricultural land, 
                        as appropriate, from conversion to other uses;
                            ``(iii) farmland protection; and
                            ``(iv) the protection of fish and wildlife 
                        habitats.
            ``(2) Board.--The term `Board' means the Resource 
        Conservation and Development Policy Advisory Board established 
        under section 1533(a).
            ``(3) Council.--The term `council' means a nonprofit entity 
        (including an affiliate of the entity) operating in a State 
        that is--
                    ``(A) established by volunteers or representatives 
                of States, local units of government, Indian tribes, or 
                local nonprofit organizations to carry out an area plan 
                in a designated area; and
                    ``(B) designated by the chief executive officer or 
                legislature of the State to receive technical 
                assistance and financial assistance under this 
                subtitle.
            ``(4) Designated area.--The term `designated area' means a 
        geographic area designated by the Secretary to receive 
        technical assistance and financial assistance under this 
        subtitle.
            ``(5) Financial assistance.--The term `financial 
        assistance' means a grant, cooperative agreement, or loan 
        provided by the Secretary (or the Secretary and other Federal 
        agencies) to a council, or association of councils, to carry 
        out an area plan in a designated area, including assistance 
        provided for planning, analysis, feasibility studies, training, 
        education, and other activities necessary to carry out the area 
        plan.
            ``(6) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term by section 4 of the Indian Health Care 
        Improvement Act (25 U.S.C. 1603).
            ``(7) Local unit of government.--The term `local unit of 
        government' means--
                    ``(A) any county, city, town, township, parish, 
                village, or other general-purpose subdivision of a 
                State; and
                    ``(B) any local or regional special district or 
                other limited political subdivision of a State, 
                including any soil conservation district, school 
                district, park authority, and water or sanitary 
                district.
            ``(8) Nonprofit organization.--The term `nonprofit 
        organization' means any organization that is--
                    ``(A) described in section 501(c) of the Internal 
                Revenue Code of 1986; and
                    ``(B) exempt from taxation under section 501(a) of 
                the Internal Revenue Code of 1986.
            ``(9) Planning process.--The term `planning process' means 
        actions taken by a council to develop and carry out an 
        effective area plan in a designated area, including development 
        of the area plan, goals, objectives, policies, implementation 
        activities, evaluations and reviews, and the opportunity for 
        public participation in the actions.
            ``(10) Project.--The term `project' means a project that is 
        carried out by a council to achieve any of the elements of an 
        area plan.
            ``(11) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(12) State.--The term ``State'' means any of the States, 
        the District of Columbia, or any territory or possession of the 
        United States.
            ``(13) Technical assistance.--The term `technical 
        assistance' means any service provided by the Secretary or 
        agent of the Secretary, including--
                    ``(A) inventorying, evaluating, planning, 
                designing, supervising, laying out, and inspecting 
                projects;
                    ``(B) providing maps, reports, and other documents 
                associated with the services provided;
                    ``(C) providing assistance for the long-term 
                implementation of area plans; and
                    ``(D) providing services of an agency of the 
                Department of Agriculture to assist councils in 
                developing and carrying out area plans.

``SEC. 1529. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.

    ``The Secretary shall establish a resource conservation and 
development program under which the Secretary shall provide technical 
assistance and financial assistance to councils to develop and carry 
out area plans and projects in designated areas--
            ``(1) to conserve and improve the use of land, develop 
        natural resources, and improve and enhance the social, 
        economic, and environmental conditions in primarily rural areas 
        of the United States; and
            ``(2) to encourage and improve the capability of State, 
        units of government, Indian tribes, nonprofit organizations, 
        and councils to carry out the purposes described in paragraph 
        (1).

``SEC. 1530. SELECTION OF DESIGNATED AREAS.

    ``The Secretary shall select designated areas for assistance under 
this subtitle on the basis of the elements of area plans.

``SEC. 1531. AUTHORITY OF THE SECRETARY.

    ``In carrying out this subtitle, the Secretary may--
            ``(1) provide technical assistance to any council to assist 
        in developing and implementing an area plan for a designated 
        area;
            ``(2) cooperate with other departments and agencies of the 
        Federal Government, States, local units of government, local 
        Indian tribes, and local nonprofit organizations in conducting 
        surveys and inventories, disseminating information, and 
        developing area plans;
            ``(3) assist in carrying out an area plan approved by the 
        Secretary for any designated area by providing technical 
        assistance and financial assistance to any council; and
            ``(4) enter into agreements with councils in accordance 
        with section 1532.

``SEC. 1532. ELIGIBILITY; TERMS AND CONDITIONS.

    ``(a) Eligibility.--Technical assistance and financial assistance 
may be provided by the Secretary under this subtitle to any council to 
assist in carrying out a project specified in an area plan approved by 
the Secretary only if--
            ``(1) the council agrees in writing--
                    ``(A) to carry out the project; and
                    ``(B) to finance or arrange for financing of any 
                portion of the cost of carrying out the project for 
                which financial assistance is not provided by the 
                Secretary under this subtitle;
            ``(2) the project is included in an area plan and is 
        approved by the council;
            ``(3) the Secretary determines that assistance is necessary 
        to carry out the area plan;
            ``(4) the project provided for in the area plan is 
        consistent with any current comprehensive plan for the area;
            ``(5) the cost of the land or an interest in the land 
        acquired or to be acquired under the plan by any State, local 
        unit of government, Indian tribe, or local nonprofit 
        organization is borne by the State, local unit of government, 
        Indian tribe, or local nonprofit organization, respectively; 
        and
            ``(6) the State, local unit of government, Indian tribe, or 
        local nonprofit organization participating in the area plan 
        agrees to maintain and operate the project.
    ``(b) Loans.--
            ``(1) In general.--Subject to paragraphs (2) and (3), a 
        loan made under this subtitle shall be made on such terms and 
        conditions as the Secretary may prescribe.
            ``(2) Term.--A loan for a project made under this subtitle 
        shall have a term of not more than 30 years after the date of 
        completion of the project.
            ``(3) Interest rate.--A loan made under this subtitle shall 
        bear interest at the average rate of interest paid by the 
        United States on obligations of a comparable term, as 
        determined by the Secretary of the Treasury.
    ``(c) Approval by Secretary.--Technical assistance and financial 
assistance under this subtitle may not be made available to a council 
to carry out an area plan unless the area plan has been submitted to 
and approved by the Secretary.
    ``(d) Withdrawal.--The Secretary may withdraw technical assistance 
and financial assistance with respect to any area plan if the Secretary 
determines that the assistance is no longer necessary or that 
sufficient progress has not been made toward developing or implementing 
the elements of the area plan.
    ``(e) Use of Other Entities and Persons.--A council may use another 
person or entity to assist in developing and implementing an area plan 
and otherwise carrying out this subtitle.

``SEC. 1533. RESOURCE CONSERVATION AND DEVELOPMENT POLICY ADVISORY 
              BOARD.

    ``(a) Establishment.--The Secretary shall establish within the 
Department of Agriculture a Resource Conservation and Development 
Policy Advisory Board.
    ``(b) Composition.--
            ``(1) In general.--The Board shall be composed of at least 
        7 employees of the Department of Agriculture selected by the 
        Secretary.
            ``(2) Chairperson.--A member of the Board shall be 
        designated by the Secretary to serve as chairperson of the 
        Board.
    ``(c) Duties.--The Board shall advise the Secretary regarding the 
administration of this subtitle, including the formulation of policies 
for carrying out this subtitle.

``SEC. 1534. EVALUATION OF PROGRAM.

    ``(a) In General.--The Secretary, in consultation with councils, 
shall evaluate the program established under this subtitle to determine 
whether the program is effectively meeting the needs of, and the 
objectives identified by, States, units of government, Indian tribes, 
nonprofit organizations, and councils participating in, or served by, 
the program.
    ``(b) Report.--Not later than December 31, 2011, the Secretary 
shall submit to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report describing the results of the 
evaluation, together with any recommendations of the Secretary for 
continuing, terminating, or modifying the program.

``SEC. 1535. LIMITATION ON ASSISTANCE.

    ``In carrying out this subtitle, the Secretary shall provide 
technical assistance and financial assistance to not more than 450 
active designated areas.

``SEC. 1536. SUPPLEMENTAL AUTHORITY OF THE SECRETARY.

    ``The authority of the Secretary under this subtitle to assist 
councils in the development and implementation of area plans shall be 
supplemental to, and not in lieu of, any authority of the Secretary 
under any other provision of law.

``SEC. 1537. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be such sums as are 
necessary to carry out this subtitle.
    ``(b) Loans.--The Secretary shall not use more than $15,000,000 of 
any funds made available for a fiscal year to make loans under this 
subtitle.
    ``(c) Availability.--Funds appropriated to carry out this subtitle 
shall remain available until expended.''.

            TITLE VII--CONSERVATION OF PRIVATE GRAZING LAND

SEC. 701. CONSERVATION OF PRIVATE GRAZING LAND.

    (a) In General.--Section 386 of the Federal Agriculture Improvement 
and Reform Act of 1996 (16 U.S.C. 2005b) is amended by striking 
subsection (f) and inserting the following:
    ``(f) Funding.--Of the funds of the Commodity Credit Corporation, 
the Secretary shall use to carry out this section $60,000,000 for each 
of fiscal years 2003 through 2011.''.
    (b) Conforming Amendment.--Section 386(d)(2) of the Federal 
Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 2005b(d)(2)) 
is amended by striking ``elements.--'' and all that follows through 
``education.--Personnel'' and inserting ``elements.--Personnel''.

             TITLE VIII--WILDLIFE HABITAT INCENTIVE PROGRAM

SEC. 801. PILOT PROGRAMS TO AVOID 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:
    ``(c) Pilot Programs To Avoid Listing of Endangered Species and 
Preserve Critical Habitats.--
            ``(1) In general.--Of the total amount made available under 
        subsection (e) for a fiscal year, the Secretary shall use not 
        less than $40,000,000 to support pilot programs involving local 
        initiatives that, to the greatest extent, avoid the listing of 
        a fish, wildlife, or plant species as a threatened species or 
an endangered species under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).
            ``(2) Geographic diversity.--The Secretary shall support 
        not more than 2 pilot programs under this subsection in any 
        region of the United States, as determined by the Secretary.
    ``(d) Effect of Participation.--A person shall not be considered to 
have engaged in a taking of any threatened species or endangered 
species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) as a result of participation in the program authorized under this 
section, including restoring any land enrolled in the program to the 
use of the land before enrollment in the program, as determined by the 
Secretary.''.

SEC. 802. AUTHORIZATION OF APPROPRIATIONS.

    Section 387 of the Federal Agriculture Improvement and Reform Act 
of 1996 (16 U.S.C. 3836a) (as amended by section 901) is amended by 
striking subsection (e) and inserting the following:
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2003 through 2011.''.

                 TITLE IX--FARMLAND PROTECTION PROGRAM

SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

    Section 388 of the Federal Agriculture Improvement and Reform Act 
of 1996 (16 U.S.C. 3830 note; Public Law 104-127) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2003 through 2011.''.

             TITLE X--MISCELLANEOUS CONSERVATION PROVISIONS

SEC. 1001. PRIVACY OF PERSONAL INFORMATION RELATING TO NATURAL 
              RESOURCES CONSERVATION PROGRAMS.

    Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C. 
3841 et seq.) is amended--
            (1) by redesignating sections 1244 and 1245 (16 U.S.C. 
        3844, 3845) as sections 1245 and 1246, respectively; and
            (2) by inserting after section 1243 (16 U.S.C. 3843) the 
        following:

``SEC. 1244. PRIVACY OF PERSONAL INFORMATION RELATING TO NATURAL 
              RESOURCES CONSERVATION PROGRAMS.

    ``(a) Information Received for Technical and Financial 
Assistance.--Except as provided in subsection (c) and notwithstanding 
any other provision of law, information provided to, or developed by, 
the Secretary (including a contractor of the Secretary) for the purpose 
of providing technical or financial assistance to an owner or operator 
with respect to any natural resources conservation program administered 
by the Natural Resources Conservation Service or the Farm Service 
Agency--
            ``(1) shall not be considered to be public information; and
            ``(2) shall not be released to any person or Federal, 
        State, local, or tribal agency outside the Department of 
        Agriculture.
    ``(b) Inventory, Monitoring, and Site Specific Information.--Except 
as provided in subsection (c) and notwithstanding any other provision 
of law, in order to maintain the personal privacy, confidentiality, and 
cooperation of owners and operators, and to maintain the integrity of 
sample sites, the specific geographic locations of the National 
Resources Inventory of the Department of Agriculture data gathering 
sites and the information generated by those sites--
            ``(1) shall not be considered to be public information; and
            ``(2) shall not be released to any person or Federal, 
        State, local, or tribal agency outside the Department of 
        Agriculture.
    ``(c) Exceptions.--
            ``(1) Release and disclosure for enforcement.--The 
        Secretary may release or disclose to the Attorney General 
        information covered by subsection (a) or (b) to the extent 
        necessary to enforce the natural resources conservation 
        programs referred to in subsection (a).
            ``(2) Disclosure to cooperating persons and agencies.--
                    ``(A) In general.--The Secretary may release or 
                disclose information covered by subsection (a) or (b) 
                to a person or Federal, State, local, or tribal agency 
                working in cooperation with the Secretary in providing 
                technical and financial assistance described in 
                subsection (a) or collecting information from National 
                Resources Inventory data gathering sites.
                    ``(B) Use of information.--The person or Federal, 
                State, local, or tribal agency that receives 
                information described in subparagraph (A) may release 
the information only for the purpose of assisting the Secretary--
                            ``(i) in providing the requested technical 
                        or financial assistance; or
                            ``(ii) in collecting information from 
                        National Resources Inventory data gathering 
                        sites.
            ``(3) Statistical and aggregate information.--Information 
        covered by subsection (b) may be disclosed to the public if the 
        information has been transformed into a statistical or 
        aggregate form that does not allow the identification of any 
        individual owner, operator, or specific data gathering site.
    ``(d) Violations; Penalties.--Section 1770(c) shall apply with 
respect to the release of information collected in any manner or for 
any purpose prohibited by this section.''.

SEC. 1002. STUDY OF CONSERVATION ACCOUNTING SYSTEM.

    (a) In General.--The Secretary of Agriculture shall request the 
National Academy of Sciences to conduct a study of the development and 
implementation of an accounting system that can be used by the 
Secretary to establish protocols to measure, on a county-by-county 
basis, efforts, gains, and losses with respect to program participation 
and effects on natural resources under conservation and environmental 
programs carried out by the Secretary.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall prepare and submit to the Committee on 
Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report that 
describes the results of the study conducted under subsection (a), 
including any appropriate recommendations.

SEC. 1003. STUDY OF DISASTER PROGRAMS.

    (a) In General.--The Secretary of Agriculture shall conduct a study 
on the effectiveness of disaster programs carried out by the Secretary, 
including the noninsured crop assistance program established under 
section 196 of the Agricultural Market Transition Act (7 U.S.C. 7333) 
and excluding any program carried out under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.).
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Agriculture of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report that describes the 
results of the study conducted under subsection (a), including any 
recommendations for improving the timeliness and effectiveness of the 
disaster programs described in subsection (a).

SEC. 1004. TECHNICAL AMENDMENTS.

    (a) Delineation of Wetlands; Exemptions to Program Ineligibility.--
            (1) References to producer.--Section 322(e) of the Federal 
        Agriculture Improvement and Reform Act of 1996 (Public Law 104-
        127; 110 Stat. 991) is amended by inserting ``each place it 
        appears'' before ``and inserting''.
            (2) Good faith exemption.--Section 1222(h)(2) of the Food 
        Security Act of 1985 (16 U.S.C. 3822(h)(2)) is amended by 
        striking ``to actively'' and inserting ``to be actively''.
            (3) Determinations.--Section 1222(j) of the Food Security 
        Act of 1985 (16 U.S.C. 3822(j)) is amended by striking 
        ``National'' and inserting ``Natural''.
    (b) Continuous Signup.--Section 1234(c)(2)(B) of the Food Security 
Act of 1985 (16 U.S.C. 3834(c)(2)(B)) is amended by inserting 
``(including the use of continuous signup)'' after ``appropriate''.
    (c) Environmental Easement Program.--Chapter 3 of subtitle D of 
title XII of the Food Security Act of 1985 (16 U.S.C. 3839 et seq.) is 
repealed.
    (d) Temporary Administration of Environmental Quality Incentives 
Program.--Section 1240H of the Food Security Act of 1985 (16 U.S.C. 
3839aa-8) is repealed.
    (e) Wildlife Habitat Incentive Program.--Section 387 of the Federal 
Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a) is 
amended in the section heading by striking ``incentives'' and inserting 
``incentive''.

                     TITLE XI--EFFECT OF AMENDMENTS

SEC. 1101. EFFECT OF AMENDMENTS.

    (a) In General.--Except as otherwise specifically provided in this 
Act and notwithstanding any other provision of law, this Act and the 
amendments made by this Act shall not affect the authority of the 
Secretary of Agriculture to carry out a conservation program for any of 
the 1996 through 2002 fiscal or calendar years under a provision of law 
in effect immediately before the date of enactment of this Act.
    (b) Liability.--A provision of this Act or an amendment made by 
this Act shall not affect the liability of any person under any 
provision of law as in effect immediately before the date of enactment 
of this Act.
                                 <all>