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106th CONGRESS
1st Session
S. 1426
To amend the Food Security Act of 1985 to promote the conservation of
soil and related resources, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 1999
Mr. Harkin (for himself, Mr. Daschle, Mr. Leahy, Mr. Kerrey, Mr.
Conrad, and Mr. Johnson) introduced the following bill; which was read
twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to promote the conservation of
soil and related resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Security Act of 1999''.
SEC. 2. CONSERVATION SECURITY PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3830 et seq.) is amended by adding at the end the following:
``CHAPTER 6--CONSERVATION SECURITY PROGRAM
``SEC. 1240P. CONSERVATION SECURITY PROGRAM.
``(a) In General.--The Secretary shall establish a conservation
security program through the use of contracts to assist owners and
operators of farms and ranches to promote--
``(1) conservation of soil, water, and related resources;
``(2) water quality protection and improvement;
``(3) air quality protection and improvement;
``(4) wetland restoration, protection, and creation;
``(5) wildlife habitat development and protection; and
``(6) any similar conservation purpose.
``(b) Eligibility.--
``(1) In general.--To be eligible to participate in the
conservation security program, an owner or operator shall--
``(A) submit a resource security plan or a
livestock nutrient management plan to the Secretary,
and obtain the approval of the Secretary for the plan,
in accordance with subsection (c); and
``(B) enter into a contract with the Secretary that
requires compliance with the plan in accordance with
subsection (e).
``(2) Limitation.--An owner or operator shall not be
eligible to enter into a contract specifying compliance with a
livestock nutrient management plan if the total number of
animals raised by the owner or operator exceeds 1,000 animal
units, as defined by the Secretary.
``(c) Plans.--
``(1) Resource security plans.--A resource security plan
shall--
``(A) identify the resources to be secured by the
plan;
``(B) describe the class of conservation practices
under subsection (d) to be implemented and maintained
on the land subject to the contract during the contract
period;
``(C) contain a schedule for the implementation and
maintenance of the class of conservation practices
described in the plan;
``(D) comply with the highly erodible land and
wetland conservation requirements of subtitles B and C;
and
``(E) contain such other terms as the Secretary may
require.
``(2) Livestock nutrient management plans.--A livestock
nutrient management plan shall--
``(A) contain a plan for managing the manure and
other organic byproducts produced on the farming or
ranching operation of an owner or operator in a manner
that protects air, water, and soil quality; and
``(B) contain such other terms as the Secretary may
require.
``(3) State and local conservation priorities.--To the
maximum extent practicable and in a manner that is consistent
with the conservation security program, resource security plans
and livestock nutrient management plans shall address the
conservation priorities established by the State and locality
in which the farming or ranching operation is located.
``(d) Conservation Practices Under Resource Security Plans.--
``(1) In general.--The Secretary shall establish 3 classes
of conservation practices that are eligible for payment under a
contract entered into under this section to carry out a
resource security plan.
``(2) Inclusion of certain practices.--The Secretary shall
include in 1 of the classes of conservation practices--
``(A) each environmental or conservation practice
that is included in the National Handbook of
Conservation Practices of the Natural Resources
Conservation Service; and
``(B) any other conservation practice the Secretary
determines is appropriate.
``(3) Classes.--To carry out this subsection, the Secretary
shall establish the following 3 classes of conservation
practices (as appropriate for the farm or ranch operation of an
owner or operator):
``(A) Class i.--Class I conservation practices
shall include--
``(i) residue management;
``(ii) nutrient management; and
``(iii) environmentally sound grazing.
``(B) Class ii.--Class II conservation practices
shall include--
``(i) Class I conservation practices;
``(ii) comprehensive nutrient management;
``(iii) pesticide management;
``(iv) partial field conservation practices
(including windbreaks, grass waterways, shelter
belts, filter strips and riparian buffers); and
``(v) intensive grazing and wildlife
habitat measures.
``(C) Class iii.--Class III conservation practices
shall include--
``(i) Class I and Class II conservation
practices; and
``(ii) such additional conservation
practices as are necessary to implement and
maintain a total resource management plan that
addresses the long-term sustainability of the
natural resource base of a farm or ranch
operation.
``(e) Contracts.--
``(1) In general.--On approval of a resource security plan
or a livestock nutrient management plan of an owner or
operator, the Secretary shall enter into a contract with the
owner or operator that specifies--
``(A) the land subject to the contract;
``(B) in the case of a resource security plan, the
class of conservation practices under subsection (d)
that will be carried out on the land; and
``(C) in the case of a livestock nutrient
management plan, the livestock facilities that are
covered by the contract.
``(2) Duration.--Subject to paragraphs (3) and (4), the
contract shall be for a term of not less than 3 years nor more
than 5 years.
``(3) Revision.--The Secretary may require an owner or
operator to modify a resource security plan or livestock
nutrient management plan before the expiration of the plan if
the Secretary determines that a change made to the size,
management, or any other aspect of the farming or ranching
operation of the owner or operator would, without the
modification, interfere with the conservation security program.
``(4) Renewal.--The contract of the owner or operator may
be renewed for successive 5-year periods, at the option of the
owner or operator, if--
``(A) the owner or operator agrees to any
modification of the applicable resource security plan
or the livestock nutrient management plan that the
Secretary determines is necessary to carry out the
conservation security program; and
``(B) the Secretary determines that the owner or
operator has complied with--
``(i) the terms and conditions of the
applicable resource security plan or a
livestock nutrient management plan of the owner
or operator; and
``(ii) the terms and conditions of the
contract.
``(f) Duties of Owners and Operators.--Under a contract entered
into under subsection (e), during the term of the contract, an owner or
operator of a farm or ranch shall agree--
``(1) to implement the applicable resource security plan or
livestock nutrient management plan approved by the Secretary;
``(2) to keep such records as the Secretary may require for
purposes of evaluation of the implementation of the plan;
``(3) not to engage in any activity that would defeat the
purposes of the conservation security program; and
``(4) to forgo incentive payments, rental payments, or
easement payments under any other conservation program
administered by the Secretary for land subject to the contract,
except that the owner or operator shall not otherwise become
ineligible for participation in and receipt of cost-share
payments under any other conservation program as a result of
payments received under this section.
``(g) Duties of Secretary.--
``(1) Resource security plans.--
``(A) In general.--Under a contract entered into by
an owner or operator under this section to carry out a
resource security plan, subject to subparagraph (B),
the Secretary shall, for a period of years not in
excess of the term of the contract, make an annual
rental payment to the owner or operator in an amount
equal to--
``(i) 10 percent of the average county
rental rate for the same type of land enrolled
under the contract that will be maintained
using Class I conservation practices described
in subsection (d)(3)(A);
``(ii) 20 percent of the average county
rental rate for the same type of land enrolled
under the contract that will be maintained
using Class II conservation practices described
in subsection (d)(3)(B); and
``(iii) 40 percent of the average county
rental rate for the same type of land enrolled
under the contract that will be maintained
using Class III conservation practices
described in subsection (d)(3)(C).
``(2) Livestock nutrient management plans.--Under a
contract entered into by an owner or operator under this
section to carry out a livestock nutrient management plan, the
Secretary shall, for a period of years not in excess of the
term of the contract, make an annual rental payment to the
owner or operator in an amount equal to the product obtained by
multiplying--
``(A) 10 percent of the simple average price
received by owners and operators for each type of
livestock covered by the plan during the 5 marketing
years immediately preceding the year covered by the
annual payment; by
``(B) the number of that type of livestock raised
by the owner or operator during the year covered by the
annual payment.
``(3) Limitation on payments.--The total amount of
payments paid to an owner or operator under paragraphs
(1) and (2) shall not exceed $50,000 for any fiscal
year.
``(4) Technical assistance.--The Secretary shall use not
less than 15 percent, nor more than 20 percent, of the funds
that are made available to carry out this section for a fiscal
year to provide technical assistance to owners and operators
entering into contracts under this section.
``(5) Other payments.--Except as otherwise provided in this
section, payments received by an owner or operator under this
subsection shall be in addition to, and not affect, the total
amount of payments that the owner or operator is otherwise
eligible to receive under--
``(A) this Act;
``(B) the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104-127), including the
Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.);
``(C) the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624); or
``(D) the Agricultural Act of 1949 (7 U.S.C. 1421
et seq.).''.
SEC. 3. EFFECTIVE DATE.
(a) In General.--This Act and the amendment made by this Act take
effect on October 1, 1999.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate such regulations
as are necessary to carry out this Act and the amendment made by this
Act.
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