[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1326 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1326

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2001

   Mr. Lugar introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To extend and improve working lands and other 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 ``Working Lands 
Conservation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--WORKING LANDS CONSERVATION PROGRAMS

Sec. 101. Environmental quality incentives program.
Sec. 102. Conservation reserve program.
Sec. 103. Wetlands reserve program.
Sec. 104. Farmland protection program.
Sec. 105. Wildlife Habitat Incentive Program.
             TITLE II--MISCELLANEOUS REFORMS AND EXTENSIONS

Sec. 201. Privacy of personal information relating to natural resources 
                            conservation programs.
Sec. 202. Reform and consolidation of conservation programs.
Sec. 203. Certification of private providers of technical assistance.
Sec. 204. Extension of conservation authorities.
Sec. 205. Technical amendments.
Sec. 206. Effect of amendments.

              TITLE I--WORKING LANDS CONSERVATION PROGRAMS

SEC. 101. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

    (a) In General.--Chapter 4 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended to read as 
follows:

         ``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM

``SEC. 1240. PURPOSES.

    ``The purposes of the environmental quality incentives program 
established by this chapter are to promote agricultural production and 
environmental quality as compatible national goals, and to maximize 
environmental benefits per dollar expended, by--
            ``(1) assisting producers in complying with this title, the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
        the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Clean 
        Air Act (42 U.S.C. 7401 et seq.), and other Federal, State, and 
        local environmental laws (including regulations);
            ``(2) avoiding, to the maximum extent practicable, the need 
        for resource and regulatory programs by assisting producers in 
        protecting soil, water, air, and related natural resources and 
        meeting environmental quality criteria established by Federal, 
        State, and local agencies;
            ``(3) providing flexible technical and financial assistance 
        to producers to install and maintain conservation systems that 
        enhance soil, water, related natural resources (including 
        grazing land and wetland), and wildlife while sustaining 
        production of food and fiber;
            ``(4) assisting producers to make beneficial, cost 
        effective changes to cropping systems, grazing management, 
        nutrient management associated with livestock, pest or 
        irrigation management, or other practices on agricultural land;
            ``(5) facilitating partnerships and joint efforts among 
        producers and governmental and nongovernmental organizations; 
        and
            ``(6) consolidating and streamlining conservation planning 
        and regulatory compliance processes to reduce administrative 
        burdens on producers and the cost of achieving environmental 
        goals.

``SEC. 1240A. DEFINITIONS.

    ``In this chapter:
            ``(1) Comprehensive nutrient management.--
                    ``(A) In general.--The term `comprehensive nutrient 
                management' means any combination of structural 
                practices, land management practices, and management 
                activities associated with crop or livestock production 
                described in subparagraph (B) that collectively ensure 
                that the goals of crop or livestock production and 
                preservation of natural resources, especially the 
                preservation and enhancement of water quality, are 
                compatible.
                    ``(B) Elements.--For the purpose of subparagraph 
                (A), structural practices, land management practices, 
                and management activities associated with livestock 
                production are--
                            ``(i) manure and wastewater handling and 
                        storage;
                            ``(ii) land treatment practices;
                            ``(iii) nutrient management;
                            ``(iv) recordkeeping;
                            ``(v) feed management; and
                            ``(vi) other waste utilization options.
                    ``(C) Practice.--
                            ``(i) Planning.--The development of a 
                        comprehensive nutrient management plan shall be 
                        a practice that is eligible for incentive 
                        payments and technical assistance under this 
                        chapter.
                            ``(ii) Implementation.--The implementation 
                        of a comprehensive nutrient plan shall be 
                        accomplished through structural and land 
                        management practices identified in the plan.
            ``(2) Eligible land.--The term `eligible land' means 
        agricultural land (including cropland, rangeland, pasture, and 
        other land on which crops or livestock are produced), including 
        agricultural land that the Secretary determines poses a serious 
        threat to soil, water, or related resources by reason of the 
        soil types, terrain, climatic, soil, topographic, flood, or 
        saline characteristics, or other factors or natural hazards.
            ``(3) Land management practice.--The term `land management 
        practice' means a site-specific nutrient or manure management, 
        integrated  pest management, irrigation management, tillage or 
residue management, grazing management, air quality management, or 
other land management practice carried out on eligible land that the 
Secretary determines is needed to protect, in the most cost-effective 
manner, water, soil, or related resources from degradation.
            ``(4) Livestock.--The term `livestock' means dairy cattle, 
        beef cattle, laying hens, broilers, turkeys, swine, sheep, and 
        such other animals as determined by the Secretary.
            ``(5) Maximize environmental benefits per dollar 
        expended.--
                    ``(A) In general.--The term `maximize environmental 
                benefits per dollar expended' means to maximize 
                environmental benefits to the extent the Secretary 
                determines is practicable and appropriate, taking into 
                account the amount of funding made available to carry 
                out this chapter.
                    ``(B) Limitation.--The term `maximize environmental 
                benefits per dollar expended' does not require the 
                Secretary--
                            ``(i) to provide the least cost practice or 
                        technical assistance; or
                            ``(ii) to require the development of a plan 
                        under section 1240E as part of an application 
                        for payments or technical assistance.
            ``(6) Practice.--The term `practice' means 1 or more 
        structural practices, land management practices, and 
        comprehensive nutrient management planning practices.
            ``(7) Producer.--The term `producer' means a person that is 
        engaged in livestock or agricultural production, as determined 
        by the Secretary.
            ``(8) Structural practice.--The term `structural practice' 
        means--
                    ``(A) the establishment on eligible land of a site-
                specific animal waste management facility, terrace, 
                grassed waterway, contour grass strip, filterstrip, 
                tailwater pit, permanent wildlife habitat, constructed 
                wetland, or other structural practice that the 
                Secretary determines is needed to protect, in the most 
                cost-effective manner, water, soil, or related 
                resources from degradation; and
                    ``(B) the capping of abandoned wells on eligible 
                land.

``SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY 
              INCENTIVES PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--During each of the 2003 through 2011 
        fiscal years, the Secretary shall provide technical assistance, 
        cost-share payments, and incentive payments to producers, that 
        enter into contracts with the Secretary, through an 
        environmental quality incentives program in accordance with 
        this chapter.
            ``(2) Eligible practices.--
                    ``(A) Structural practices.--A producer that 
                implements a structural practice shall be eligible for 
                any combination of technical assistance, cost-share 
                payments, and education.
                    ``(B) Land management practices.--A producer that 
                performs a land management practice shall be eligible 
                for any combination of technical assistance, incentive 
                payments, and education.
                    ``(C) Comprehensive nutrient management planning.--
                A producer that develops a comprehensive nutrient 
                management plan shall be eligible for any combination 
                of technical assistance, incentive payments, and 
                education.
            ``(3) Education.--The Secretary may provide conservation 
        education at national, State, and local levels consistent with 
        the purposes of the environmental quality incentives program 
        to--
                    ``(A) any producer that is eligible for assistance 
                under this chapter; or
                    ``(B) any producer that is engaged in the 
                production of an agricultural commodity.
    ``(b) Application and Term.--A contract between a producer and the 
Secretary under this chapter may--
            ``(1) apply to 1 or more structural practices, land 
        management practices, and comprehensive nutrient management 
        planning practices;
            ``(2) have a term of not less than 3, nor more than 10, 
        years, as determined appropriate by the Secretary, depending on 
        the practice or practices that are the basis of the contract; 
        and
            ``(3) in the case of a structural practice or comprehensive 
        nutrient management planning practice, have a term of less than 
        3 years if the Secretary determines that a lesser term is 
        consistent with the purposes of the program under this chapter.
    ``(c) Application and Evaluation.--
            ``(1) In general.--The Secretary shall establish an 
        application and evaluation process for awarding technical 
        assistance, cost-share payments, and incentive payments to a 
        producer in exchange for the performance of 1 or more practices 
        that maximizes environmental benefits per dollar expended.
            ``(2) Comparable environmental value.--
                    ``(A) In general.--The Secretary shall establish a 
                process for selecting applications for technical 
                assistance, cost-share payments, and incentive payments 
                when there are numerous applications for assistance for 
                practices that would provide substantially the same 
                level of environmental benefits.
                    ``(B) Criteria.--The process under subparagraph (A) 
                shall be based on--
                            ``(i) a reasonable estimate of the 
                        projected cost of the proposals described in 
                        the applications; and
                            ``(ii) the priorities established under 
                        this subtitle and other factors that maximize 
                        environmental benefits per dollar expended.
            ``(3) Consent of owner.--If the producer making an offer to 
        implement a structural practice is a tenant of the land 
        involved in agricultural production, for the offer to be 
        acceptable, the producer  shall obtain the consent of the owner 
of the land with respect to the offer.
            ``(4) Bidding down.--If the Secretary determines that the 
        environmental values of 2 or more applications for technical 
        assistance, cost-share payments, or incentive payments are 
        comparable, the Secretary shall not assign a higher priority to 
        the application only because it would present the least cost to 
        the program established under this chapter.
    ``(d) Cost-Share Payments.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of cost-share payments to a producer proposing to 
        implement 1 or more practices shall be not more than 75 percent 
        of the projected cost of the practice, as determined by the 
        Secretary.
            ``(2) Exceptions.--
                    ``(A) Limited resource and beginning farmers; 
                natural disasters.--The Secretary may increase the 
                maximum Federal share under paragraph (1) to not more 
                than 90 percent if the producer is a limited resource 
                farmer or a beginning farmer or to address a natural 
                disaster, as determined by the Secretary.
                    ``(B) Cost-share assistance from other sources.--
                Any cost-share payments received by a producer from a 
                State or private organization or person for the 
                implementation of 1 or more practices shall be in 
                addition to the Federal share of cost-share payments 
                provided to the producer under paragraph (1).
            ``(3) Other payments.--A producer shall not be eligible for 
        cost-share payments for practices on eligible land under this 
        chapter if the producer receives cost-share payments or other 
        benefits for the same practice on the same land under chapter 1 
        and this chapter.
    ``(e) Incentive Payments.--The Secretary shall make incentive 
payments in an amount and at a rate determined by the Secretary to be 
necessary to encourage a producer to perform 1 or more practices.
    ``(f) Technical Assistance.--
            ``(1) In general.--The Secretary shall allocate funding 
        under this chapter for the provision of technical assistance 
        according to the purpose and projected cost for which the 
        technical assistance is provided for a fiscal year.
            ``(2) Amount.--The allocated amount may vary according to--
                    ``(A) the type of expertise required;
                    ``(B) the quantity of time involved; and
                    ``(C) other factors as determined appropriate by 
                the Secretary.
            ``(3) Limitation.--Funding for technical assistance under 
        this chapter shall not exceed the projected cost to the 
        Secretary of the technical assistance provided for a fiscal 
        year.
            ``(4) Other authorities.--The receipt of technical 
        assistance under this chapter shall not affect the eligibility 
        of the producer to receive technical assistance under other 
        authorities of law available to the Secretary.
            ``(5) Non-federal assistance.--
                    ``(A) In general.--The Secretary may request the 
                services of, and enter into a cooperative agreement 
                with, a State water quality agency, State fish and 
                wildlife agency, State forestry agency, or any other 
                governmental or nongovernmental organization or person 
                considered appropriate to assist in providing the 
                technical assistance necessary to develop and implement 
                conservation plans under the program.
                    ``(B) Private sources.--
                            ``(i) In general.--The Secretary shall 
                        ensure that the processes of writing and 
                        developing proposals and plans for contracts 
                        under this chapter, and of assisting in the 
                        implementation of practices covered by the 
                        contracts, are open to private persons, 
                        including--
                                    ``(I) agricultural producers;
                                    ``(II) representatives from 
                                agricultural cooperatives;
                                    ``(III) agricultural input retail 
                                dealers;
                                    ``(IV) certified crop advisers;
                                    ``(V) persons providing technical 
                                consulting services; and
                                    ``(VI) other persons, as determined 
                                appropriate by the Secretary.
                            ``(ii) Other conservation programs.--The 
                        requirements of this subparagraph shall also 
                        apply to each other conservation program of the 
                        Department of Agriculture.
            ``(6) Incentive payments for technical assistance.--
                    ``(A) In general.--A producer that is eligible to 
                receive technical assistance for a practice involving 
                the development of a comprehensive nutrient management 
                plan may obtain an incentive payment that can be used 
                to obtain technical assistance associated with the 
                development of any component of the comprehensive 
                nutrient management plan.
                    ``(B) Purpose.--The purpose of the payment shall be 
                to provide a producer the option of obtaining technical 
                assistance for developing any component of a 
                comprehensive nutrient management plan from a private 
                person earlier than the producer would otherwise 
                receive the technical assistance from the Secretary.
                    ``(C) Payment.--The incentive payment shall be--
                            ``(i) in addition to cost-share or 
                        incentive payments that a producer would 
                        otherwise receive for structural practices and 
                        land management practices;
                            ``(ii) used only to procure technical 
                        assistance from a private person that is 
                        necessary to develop any component of a 
                        comprehensive nutrient management plan; and
                            ``(iii) in an amount determined appropriate 
                        by the Secretary, taking into account--
                                    ``(I) the extent and complexity of 
                                the technical assistance provided;
                                    ``(II) the costs that the Secretary 
                                would have incurred in providing the 
                                technical assistance; and
                                    ``(III) the costs incurred by the 
                                private provider in providing the 
                                technical assistance.
                    ``(D) Eligible practices.--The Secretary may 
                determine, on a case by case basis, whether the 
                development of a comprehensive nutrient management plan 
                is eligible for an incentive payment under this 
                paragraph.
                    ``(E) Certification by secretary.--
                            ``(i) In general.--Only private persons 
                        that have been certified by the Secretary under 
                        section 16 of the Soil Conservation and 
                        Domestic Allotment Act shall be eligible to 
                        provide technical assistance under this 
                        subsection.
                            ``(ii) Quality assurance.--The Secretary 
                        shall ensure that certified private providers 
                        are capable of providing technical assistance 
                        regarding comprehensive nutrient management in 
                        a manner that meets the specifications and 
                        guidelines of the Secretary and that meets the 
                        needs of producers under the environmental 
                        quality incentives program.
                    ``(F) Advance payment.--On the determination of the 
                Secretary that the proposed comprehensive nutrient 
                management of a producer is eligible for an incentive 
                payment, the producer may receive a partial advance of 
                the incentive payment in order to procure the services 
                of a certified private provider.
                    ``(G) Final payment.--The final installment of the 
                incentive payment shall be payable to a producer on 
                presentation to the Secretary of documentation that is 
                satisfactory to the Secretary and that demonstrates--
                            ``(i) completion of the technical 
                        assistance; and
                            ``(ii) the actual cost of the technical 
                        assistance.
    ``(g) Partnerships and Cooperation.--
            ``(1) Purposes.--The Secretary may designate special 
        projects, as recommended by the State Conservationist, with 
        advice from the State technical committee, to enhance technical 
        and financial assistance provided to several producers within a 
        specific area to address environmental issues affected by 
        agricultural production with respect to--
                    ``(A) meeting the purposes and requirements of--
                            ``(i) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.) or comparable 
                        State laws in impaired or threatened 
                        watersheds;
                            ``(ii) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.) or comparable State laws 
                        in watersheds providing water for drinking 
                        water supplies; or
                            ``(iii) the Clean Air Act (42 U.S.C. 7401 
                        et seq.) or comparable State laws; or
                    ``(B) watersheds of special significance or other 
                geographic areas of environmental sensitivity; or
                    ``(C) enhancing the technical capacity of producers 
                to facilitate community-based planning, implementation 
                of special projects, and conservation education 
                involving multiple producers within an area.
            ``(2) Incentives.--To realize the objectives of the special 
        projects under paragraph (1), the Secretary shall provide 
        incentives to producers participating in the special projects 
        to encourage partnerships and sharing of technical and 
        financial resources among producers and among producers and 
        governmental and nongovernmental organizations.
            ``(3) Funding.--
                    ``(A) In general.--The Secretary shall make 
                available 5 percent of funds provided for each fiscal 
                year under this chapter to carry out this subsection.
                    ``(B) Special projects.--The purposes of the 
                special projects under this subsection shall be to 
                encourage--
                            ``(i) producers to cooperate in the 
                        installation and maintenance of conservation 
                        systems that affect multiple agricultural 
                        operations;
                            ``(ii) sharing of information and technical 
                        and financial resources; and
                            ``(iii) cumulative environmental benefits 
                        across operations of producers.
            ``(4) Flexibility.--
                    ``(A) In general.--The Secretary may enter into 
                agreements with States, local governmental and 
                nongovernmental organizations, and persons to allow 
                greater flexibility to adjust the application of 
                eligibility criteria, approved practices, innovative 
                conservation practices, and other elements of the 
                programs described in subparagraph (B) to better 
                reflect unique local circumstances and goals in a 
                manner that is consistent with the purposes of this 
                chapter.
                    ``(B) Applicable programs.--Subparagraph (A) shall 
                apply to--
                            ``(i) the environmental quality incentives 
                        program established by this chapter;
                            ``(ii) the program to establish 
                        conservation buffers announced on March 24, 
                        1998 (63 Fed. Reg. 14109) or a successor 
                        program;
                            ``(iii) the conservation reserve 
                        enhancement program announced on May 27, 1998 
                        (63 Fed. Reg. 28965) or a successor program; 
                        and
                            ``(iv) the wetlands reserve program 
                        established under subchapter C of chapter 1.
            ``(5) Unused funding.--Any funds made available for a 
        fiscal year under this subsection that are not obligated by 
        June 1 of the fiscal year may be used to carry out other 
        activities under this chapter during the fiscal year in which 
        the funding becomes available.
    ``(h) Modification or Termination of Contracts.--
            ``(1) Voluntary modification or termination.--The Secretary 
        may modify or terminate a contract entered into with a producer 
        under this chapter if--
                    ``(A) the producer agrees to the modification or 
                termination; and
                    ``(B) the Secretary determines that the 
                modification or termination is in the public interest.
            ``(2) Involuntary termination.--The Secretary may terminate 
        a contract under this chapter if the Secretary determines that 
        the producer violated the contract.

``SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS.

    ``In evaluating applications for technical assistance, cost-share 
payments, and incentive payments, the Secretary shall accord a higher 
priority to assistance and payments that--
            ``(1) maximize environmental benefits per dollar expended; 
        and
            ``(2)(A) address national conservation priorities 
        involving--
                    ``(i) comprehensive nutrient management;
                    ``(ii) water quality, particularly in impaired 
                watersheds;
                    ``(iii) soil erosion; or
                    ``(iv) air quality;
            ``(B) are provided in conservation priority areas 
        established under section 1230(c); or
            ``(C) are provided in special projects under section 
        1240B(g) with respect to which State or local governments have 
        provided, or will provide, financial or technical assistance to 
        producers for the same conservation or environmental purposes.

``SEC. 1240D. DUTIES OF PRODUCERS.

    ``To receive technical assistance, cost-share payments, or 
incentive payments under this chapter, a producer shall agree--
            ``(1) to implement an environmental quality incentives 
        program plan that describes conservation and environmental 
        goals to be achieved through 1 or more practices that are 
        approved by the Secretary;
            ``(2) not to conduct any practices on the farm or ranch 
        that would tend to defeat the purposes of this chapter;
            ``(3) on the violation of a term or condition of the 
        contract at any time the producer has control of the land, to 
        refund any cost-share or incentive payment received with 
        interest, and forfeit any future payments under this chapter, 
        as determined by the Secretary;
            ``(4) on the transfer of the right and interest of the 
        producer in land subject to the contract, unless the transferee 
        of the right and interest agrees with the Secretary to assume 
        all obligations of the contract, to refund all cost-share 
        payments and incentive payments received under this chapter, as 
        determined by the Secretary;
            ``(5) to supply information as required by the Secretary to 
        determine compliance with the environmental quality incentives 
        program plan and requirements of the program; and
            ``(6) to comply with such additional provisions as the 
        Secretary determines are necessary to carry out the 
        environmental quality incentives program plan.

``SEC. 1240E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.

    ``(a) In General.--To be eligible to receive technical assistance, 
cost-share payments, or incentive payments under the environmental 
quality incentives program, an owner or producer of a livestock or 
agricultural operation must submit to the Secretary for approval a plan 
of operations that incorporates practices covered under this chapter, 
and is based on such principles, as the Secretary considers necessary 
to carry out the program, including a description of the practices to 
be implemented and the objectives to be met by the implementation of 
the plan.
    ``(b) Avoidance of Duplication.--The Secretary shall, to the 
maximum extent practicable, eliminate duplication of planning 
activities under the environmental quality incentives program and 
comparable conservation programs.

``SEC. 1240F. DUTIES OF THE SECRETARY.

    ``To the extent appropriate, the Secretary shall assist a producer 
in achieving the conservation and environmental goals of an 
environmental quality incentives program plan by--
            ``(1) providing technical assistance in developing and 
        implementing the plan;
            ``(2) providing technical assistance, cost-share payments, 
        or incentive payments for developing and implementing 1 or more 
        practices, as appropriate;
            ``(3) providing the producer with information, education, 
        and training to aid in implementation of the plan; and
            ``(4) encouraging the producer to obtain technical 
        assistance, cost-share payments, or grants from other Federal, 
        State, local, or private sources.

``SEC. 1240G. LIMITATION ON PAYMENTS.

    ``(a) In General.--Subject to subsection (b), the total amount of 
cost-share and incentive payments paid to a producer under this chapter 
may not exceed--
            ``(1) $50,000 for any fiscal year; or
            ``(2) $150,000 for any multiyear contract.
    ``(b) Adjustments.--The Secretary may modify the payment 
limitations for producers under subsection (a), on a case-by-case 
basis, if the Secretary determines that a different limitation--
            ``(1) is warranted in light of 1 or more practices for 
        which the payment is made; and
            ``(2) maximizes environmental benefits per dollar expended 
        and is consistent with the purposes of this chapter.

``SEC. 1240H. CONSERVATION INNOVATION GRANTS.

    ``(a) In General.--From funds made available to carry out this 
chapter, the Secretary shall use $100,000,000 for each fiscal year to 
pay the Federal share of competitive grants that are intended to 
stimulate innovative approaches to leveraging Federal investment in 
environmental enhancement and protection, in conjunction with 
agricultural production, through the environmental quality incentives 
program.
    ``(b) Use.--The Secretary shall award grants under this section to 
governmental and nongovernmental organizations and persons, on a 
competitive basis, to carry out projects that--
            ``(1) involve producers that are eligible for payments or 
        technical assistance under this chapter;
            ``(2) implement innovative projects, such as--
                    ``(A) market-based pollution credit trading; and
                    ``(B) provision of funds to promote adoption of 
                best management practices; and
            ``(3) leverage funds made available to carry out this 
        chapter with matching funds provided by State and local 
        governments and private organizations to promote environmental 
        enhancement and protection in conjunction with agricultural 
        production.
    ``(c) Federal Share.--The Federal share of a grant made to carry 
out a project under this section shall not exceed 50 percent of the 
cost of the project.
    ``(d) Unused Funding.--Any funds made available for a fiscal year 
under this section that are not obligated by June 1 of the fiscal year 
may be used to carry out other activities under this chapter during the 
fiscal year in which the funding becomes available.''.
    (b) Funding.--Section 1241(b) of the Food Security Act of 1985 (16 
U.S.C. 3841(b)) is amended--
            (1) in paragraph (1), by striking ``$130,000,000'' and all 
        that follows through ``2002,'' and inserting ``$650,000,000 for 
        fiscal year 2003, $1,000,000,000 for fiscal year 2004, and 
        $1,500,000,000 for each of fiscal years 2005 through 2011,''; 
        and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Obligation of funds.--If a contract under the 
        environmental quality incentives program is terminated prior to 
        the date set out for the expiration for the contract and funds 
        obligated for the contract are remaining, the remaining funds 
        may be used to carry out any other contract under the program 
        during the same fiscal year in which the original contract was 
        terminated.''.
    (c) Cooperation With Other Government Agencies.--Section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) is amended in 
the last sentence by inserting ``but excluding transfers and allotments 
for conservation technical assistance'' after ``activities''.

SEC. 102. CONSERVATION RESERVE PROGRAM.

    (a) Extension of Program.--
            (1) In general.--Section 1231 of the Food Security Act of 
        1985 (16 U.S.C. 3831) is amended--
                    (A) in subsections (a), (b)(3), and (d), by 
                striking ``2002'' each place it appears and inserting 
                ``2011''; and
                    (B) in subsection (h)(1), by striking ``the 2001 
                and 2002'' and inserting ``each of the 2001 through 
                2011''.
            (2) 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''.
    (b) 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 ``2002'' and inserting ``2011''; and
            (2) by inserting before the period at the end the 
        following: ``, of which not less than 4,000,000 acres shall be 
        enrolled--
            ``(1) to establish conservation buffers as part of the 
        program announced on March 24, 1998 (63 Fed. Reg. 14109) or a 
        successor program; and
            ``(2) through the conservation reserve enhancement program 
        announced on May 27, 1998 (63 Fed. Reg. 28965) or a successor 
        program.''.
    (c) 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 contracts.--The 
                Secretary''; and
            (3) by adding at the end the following:
                    ``(C) Extension of hardwood tree contracts.--
                            ``(i) In general.--In the case of land 
                        devoted to hardwood trees under a contract 
                        entered into under this subchapter before 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 a 
                        term of 15 years.
                            ``(ii) Rental payments.--The amount of a 
                        rental payment for a contract extended under 
                        clause (i) shall be 50 percent of the rental 
                        payment that was applicable to the contract 
                        before the contract was extended.''.
    (d) Haying and Grazing on Buffer Strips.--Section 1232(a)(7) of the 
Food Security Act of 1985 (16 U.S.C. 3832(a)(7)) is amended--
            (1) by striking ``except that the Secretary--'' and 
        inserting ``except that--'';
            (2) in subparagraph (A)--
                    (A) by striking ``(A) may'' and inserting ``(A) the 
                Secretary may''; and
                    (B) by striking ``and'' at the end;
            (3) in subparagraph (B)--
                    (A) by striking ``(B) shall'' and inserting ``(B) 
                the Secretary shall''; and
                    (B) by striking the period at the end and inserting 
                a semicolon;
            (4) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (5) by adding at the end the following:
                    ``(D) for maintenance purposes, the Secretary shall 
                permit harvesting or grazing or other commercial uses 
                of forage, in a manner that is consistent with the 
                purposes of this subchapter and a conservation plan 
                approved by the Secretary, on acres enrolled--
                            ``(i) to establish conservation buffers as 
                        part of the program announced on March 24, 1998 
                        (63 Fed. Reg. 14109) or a successor program; 
                        and
                            ``(ii) into the conservation reserve 
                        enhancement program announced on May 27, 1998 
                        (63 Fed. Reg. 28965) or a successor program.''.
    (e) Funding.--Section 1241(a) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)) is amended--
            (1) by striking ``1996 through 2002'' and inserting ``2003 
        through 2011''; and
            (2) in paragraph (1), by inserting ``, including technical 
        assistance'' before the semicolon at the end.

SEC. 103. WETLANDS RESERVE PROGRAM.

    (a) Maximum Enrollment.--Section 1237(b)(1) of the Food Security 
Act of 1985 (16 U.S.C. 3837(b)(1)) is amended by striking ``975,000 
acres'' and inserting ``3,475,000 acres''.
    (b) 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''.
    (c) Wetlands Reserve Enhancement Program.--Section 1237 of the Food 
Security Act of 1985 (16 U.S.C. 3837) is amended by adding at the end 
the following:
    ``(h) Wetlands Reserve Enhancement Program.--
            ``(1) In general.--The Secretary may enter into cooperative 
        agreements with State or local governments, and with private 
        organizations, to develop, on land that is enrolled, or is 
        eligible to be enrolled, in the wetland reserve established 
        under this subchapter, wetland restoration activities in 
        watershed areas.
            ``(2) Purpose.--The purpose of the agreements shall be to 
        address critical environmental issues, including hypoxia, 
        eutrophication, wildlife habitat, flooding, and groundwater 
        recharge.
            ``(3) Limitation.--The total number of acres that may be 
        covered by agreements entered into under this subsection shall 
        not exceed 50,000 acres for each calendar year.''.
    (d) Monitoring and Maintenance.--Section 1237C(a)(2) of the Food 
Security Act of 1985 (16 U.S.C. 3837c(a)(2)) is amended by striking 
``assistance'' and inserting ``assistance (including monitoring and 
maintenance)''.
    (e) Technical Assistance.--Section 1241(a)(2) of the Food Security 
Act of 1985 (16 U.S.C. 3841(a)(2)) is amended by inserting ``, 
including technical assistance'' before the semicolon at the end.

SEC. 104. FARMLAND PROTECTION PROGRAM.

    Section 388 of the Federal Agriculture Improvement and Reform Act 
of 1996 (16 U.S.C. 3830 note; Public Law 104-127) is amended to read as 
follows:

``SEC. 388. FARMLAND PROTECTION PROGRAM.

    ``(a) Definition of Agricultural Land.--In this section, the term 
`agricultural land' means land on a farm or ranch that is--
            ``(1) cropland;
            ``(2) rangeland or grassland;
            ``(3) pastureland; or
            ``(4) private forest land.
    ``(b) Establishment.--The Secretary of Agriculture shall establish 
and carry out a farmland protection program under which the Secretary 
shall purchase conservation easements or other interests in 
agricultural land with prime, unique, or other productive soil that is 
subject to a pending offer for the purpose of protecting topsoil by 
limiting nonagricultural uses of the land from--
            ``(1) any agency of any State or local government, or 
        federally recognized Indian tribe, including farmland 
        protection boards and land resource councils established under 
        State law; and
            ``(2) any organization that--
                    ``(A) is organized for, and at all times since the 
                formation of the organization has been operated 
                principally for, 1 or more of the conservation purposes 
                specified in clauses (i), (ii), and (iii) of section 
                170(h)(4)(A) of the Internal Revenue Code of 1986;
                    ``(B) is an organization described in section 
                501(c)(3) of that Code that is exempt from taxation 
                under section 501(a) of that Code;
                    ``(C) is described in section 509(a)(2) of that 
                Code; or
                    ``(D) is described in section 509(a)(3) of that 
                Code and is controlled by an organization described in 
                section 509(a)(2) of that Code.
    ``(c) Conservation Plan.--Any agricultural land for which a 
conservation easement or other interest is purchased under this section 
shall be subject to the requirements of a conservation plan that 
ensures that continued agricultural use of the agricultural land--
            ``(1) will not degrade the environment; and
            ``(2) in the case of cropland, will require the conversion 
        of the agricultural land to less intensive uses, at the option 
        of the Secretary.
    ``(d) Funding.--Of the funds of the Commodity Credit Corporation, 
the Secretary shall make available $65,000,000 for each of fiscal years 
2003 through 2011 for providing technical assistance and purchasing 
conservation easements under this section.''.

SEC. 105. WILDLIFE HABITAT INCENTIVE PROGRAM.

    Section 387(c) of the Federal Agriculture Improvement and Reform 
Act of 1996 (16 U.S.C. 3836a(c)) is amended by striking ``a total of 
$50,000,000 shall be made available for fiscal years 1996 through 
2002'' and inserting ``the Secretary shall make available $50,000,000 
for each of fiscal year 2003 through 2011''.

             TITLE II--MISCELLANEOUS REFORMS AND EXTENSIONS

SEC. 201. 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.
            ``(4) Consent of owner or operator.--
                    ``(A) In general.--An owner or operator may consent 
                to the disclosure of information described in 
                subsection (a) or (b).
                    ``(B) Condition of other programs.--The 
                participation of the owner or operator in, and the 
                receipt of any benefit by the owner or operator under, 
                this title or any other program administered by the 
                Secretary may not be conditioned on the owner or 
                operator providing consent under this paragraph.
    ``(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. 202. REFORM AND CONSOLIDATION OF CONSERVATION PROGRAMS.

    (a) In General.--The Secretary of Agriculture shall develop a plan 
for--
            (1) consolidating conservation programs administered by the 
        Secretary that are targeted at agricultural land; and
            (2) to the maximum extent practicable--
                    (A) designing forms that are applicable to all such 
                conservation programs;
                    (B) reducing and consolidating paperwork 
                requirements for such programs;
                    (C) developing universal classification systems for 
                all information obtained on the forms that can be used 
                by other agencies of the Department of Agriculture;
                    (D) ensuring that the information and 
                classification systems developed under this paragraph 
                can be shared with other agencies of the Department 
                through computer technologies used by agencies; and
                    (E) developing 1 format for a conservation plan 
                that can be applied to all conservation programs 
                targeted at agricultural land.
    (b) Report.--Not later than 180 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 
plan developed under subsection (a), including any recommendations for 
implementation of the plan.
    (c) National Conservation Plan.--Not later than 180 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 plan 
and estimated budget for implementing the appraisal of the soil, water, 
and related resources of the Nation contained in the National 
Conservation Program under section 5 of the Soil and Water Resources 
Conservation Act of 1977 (16 U.S.C. 2004) as the primary vehicle for 
managing conservation on agricultural land in the United States.

SEC. 203. CERTIFICATION OF PRIVATE PROVIDERS OF TECHNICAL ASSISTANCE.

    The Soil Conservation and Domestic Allotment Act is amended by 
inserting after section 15 (16 U.S.C. 590o) the following:

``SEC. 16. CERTIFICATION OF PRIVATE PROVIDERS OF TECHNICAL ASSISTANCE.

    ``(a) Establishment.--The Secretary of Agriculture shall establish 
procedures for certifying private persons to provide technical 
assistance to agricultural producers and landowners participating in 
conservation programs administered by the Secretary.
    ``(b) Standards.--The Secretary shall establish standards for the 
conduct of--
            ``(1) the certification process conducted by the Secretary; 
        and
            ``(2) periodic recertification by the Secretary of private 
        providers.
    ``(c) Certification Required.--A private provider may not provide 
technical assistance under any conservation program administered by the 
Secretary without certification approved by the Secretary.
    ``(d) Fee.--In exchange for certification, a private provider shall 
pay a fee to the Secretary in an amount determined by the Secretary.
    ``(e) Provider.--Except as provided in section 1240B(f)(6) of the 
Food Security Act of 1985 (7 U.S.C. 3839aa-(f)(6)), the Secretary shall 
determine under what individual cases and conservation programs 
technical assistance may be delivered by private providers or by the 
Secretary.
    ``(f) Other Requirements.--The Secretary may establish other 
requirements as the Secretary determines are necessary to carry out 
this section.''.

SEC. 204. EXTENSION OF CONSERVATION AUTHORITIES.

    (a) ECARP Authority.--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) Conservation Farm Option.--Section 1240M(h)(6) of the Food 
Security Act of 1985 (16 U.S.C. 3839bb(h)(6)) is amended by striking 
``fiscal year 2002'' and inserting ``each of fiscal years 2002 through 
2011''.
    (c) Flood Risk Reduction.--Section 385(a) of the Federal 
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7334(a)) is 
amended by striking ``2002'' and inserting ``2011''.
    (d) Resource Conservation and Development Program.--Section 1538 of 
the Agriculture and Food Act of 1981 (16 U.S.C. 3461) is amended in the 
first sentence by striking ``2002'' and inserting ``2011''.
    (e) Forestry.--
            (1) Office of international forestry.--Section 2405(d) of 
        the Food, Agriculture, Conservation, and Trade Act of 1990 (7 
        U.S.C. 6704(d)) is amended by striking ``2002'' and inserting 
        ``2011''.
            (2) Forestry incentives program.--Section 4(j) of the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103(j)) 
        is amended by striking ``2002'' and inserting ``2011''.

SEC. 205. 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) 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''.

SEC. 206. 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>