[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.
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