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106th CONGRESS
2d Session
S. 3260
To amend the Food Security Act of 1985 to establish the conservation
security program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 27 (legislative day, September 22), 2000
Mr. Harkin (for himself and Mr. Smith of Oregon) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to establish the conservation
security program.
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 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in addition to producing food and fiber, agricultural
producers can contribute to the public good by providing
improved soil productivity, clean air and water, wildlife
habitat, landscape and recreational amenities, and other
natural resources and environmental benefits;
(2) agricultural producers in the United States have a long
history of embracing environmentally friendly conservation
practices and desire to continue those practices and engage in
new and additional conservation practices;
(3) agricultural producers that engage in conservation
practices--
(A) may not receive economic rewards for
implementing conservation practices; and
(B) should be encouraged to engage in good
stewardship, and should be rewarded for doing so;
(4) despite significant progress in recent years,
significant environmental challenges on agricultural land
remain;
(5) since the 1930's, when agricultural conservation became
a national priority, Federal resources for conservation
assistance have declined over 50 percent, when adjusted for
inflation;
(6) existing conservation programs do not provide
opportunities for all interested agricultural producers to
participate;
(7) a voluntary, incentive-based conservation program open
to all agricultural producers that qualify and desire to
participate would--
(A) encourage greater improvement of natural
resources and the environment;
(B) address the economic implications of
conservation practices in a manner consistent with
international obligations of the United States; and
(C) enable United States farmers and ranchers to
produce food for a growing world population;
(8) total farm conservation planning can help producers
increase profitability, enhance resource protection, and
improve quality of life;
(9) on-farm practices may help deter invasive species that
jeopardize native species or impair agricultural land of the
United States; and
(10) a conservation program described in paragraph (7)
would help achieve a better balance between Federal payments
supporting conservation on land used for agricultural
production and Federal payments for the purpose of retiring
agricultural land from production.
SEC. 3. CONSERVATION SECURITY PROGRAM.
(a) In General.--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. DEFINITIONS.
``In this chapter:
``(1) Conservation practice.--The term `conservation
practice' means a land-based farming technique that--
``(A) requires planning, implementation,
management, and maintenance; and
``(B) promotes 1 or more of the purposes described
in section 1240Q(a).
``(2) Conservation security contract.--The term
`conservation security contract' means a contract described in
section 1240Q(e).
``(3) Conservation security plan.--The term `conservation
security plan' means a plan described in section 1240Q(c).
``(4) Conservation security program.--The term
`conservation security program' means the program established
under section 1240Q(a).
``(5) Nutrient management.--The term `nutrient management'
means management of the quantity, source, placement, form, and
timing of the land application of nutrients and other additions
to soil--
``(A) to achieve or maintain adequate soil
fertility for agricultural production; and
``(B) to minimize the potential for loss of
environmental quality, including soil, water, and air
quality impairment.
``(6) Resource-conserving crop.--The term `resource-
conserving crop' means--
``(A) a perennial grass;
``(B) a legume grown for use as forage or green
manure;
``(C) a legume-grass mixture;
``(D) a small grain grown in combination with a
grass or legume, whether interseeded or planted in
succession; and
``(E) such other plantings, including trees, as the
Secretary considers appropriate for a particular area.
``(7) Resource-conserving crop rotation.--The term
`resource-conserving crop rotation' means a crop rotation
that--
``(A) includes at least 1 resource-conserving crop;
``(B) reduces erosion;
``(C) improves soil fertility and tilth; and
``(D) interrupts pest cycles.
``(8) Resource management system.--The term `resource
management system' means a system of conservation practices and
management relating to land or water use that is designed to
prevent resource degradation and permit sustained use of the
land and water.
``SEC. 1240Q. CONSERVATION SECURITY PROGRAM.
``(a) In General.--The Secretary shall establish a conservation
security program to assist owners and operators of agricultural
operations to promote, as is applicable for each operation--
``(1) conservation of soil, water, energy, and other
related resources;
``(2) soil quality protection and improvement;
``(3) water quality protection and improvement;
``(4) air quality protection and improvement;
``(5) soil, plant, or animal health and well-being;
``(6) diversity of flora and fauna;
``(7) on-farm conservation and regeneration of biological
resources, including plant and animal germplasm;
``(8) wetland restoration, conservation, and enhancement;
``(9) wildlife habitat restoration, conservation, and
enhancement;
``(10) reduction of greenhouse gas emissions and
enhancement of carbon sequestration;
``(11) protection of human health and safety;
``(12) environmentally sound management of invasive
species; or
``(13) any similar conservation purpose (as determined by
the Secretary).
``(b) Eligibility.--
``(1) In general.--To be eligible to participate in the
conservation security program (other than to receive technical
assistance under subsection (h)(6) for the development of
conservation security contracts), an owner or operator shall--
``(A) develop and submit to the Secretary, and
obtain the approval of the Secretary of, a conservation
security plan that meets the requirements of subsection
(c); and
``(B) enter into a conservation security contract
with the Secretary to carry out the conservation
security plan.
``(2) Ineligible land.--Land enrolled in the conservation
reserve program under subchapter B of chapter I shall not be
eligible for enrollment in the conservation security program
except for land enrolled in partial field conservation practice
enrollment options.
``(c) Conservation Security Plans.--
``(1) In general.--A conservation security plan shall--
``(A) identify the resources and designated land to
be conserved under the conservation security plan;
``(B) describe the tier of conservation practices,
and the particular conservation practices to be
implemented, maintained, or improved, in accordance
with subsection (d) on the land that will be enrolled
in the conservation security program covered by the
conservation security contract for the specified term;
``(C) contain a schedule for the implementation,
maintenance, or improvement of the conservation
practices described in the conservation security plan
during the term of the conservation security contract;
``(D) meet the requirements of the highly erodible
land and wetland conservation requirements of subtitles
B and C; and
``(E) contain such other terms as the Secretary
determines to be appropriate.
``(2) Comprehensive planning.--The Secretary shall
encourage owners and operators that enter into conservation
security contracts--
``(A) to undertake a comprehensive examination of
the opportunities for conserving natural resources and
improving the profitability, environmental health, and
quality of life in relation to their entire
agricultural operations;
``(B) to develop a long-term strategy for
implementing, monitoring, and evaluating conservation
practices and environmental results in the entire
agricultural operation;
``(C) to participate in other Federal conservation
programs; and
``(D) to maintain the agricultural integrity of the
land.
``(3) State and local conservation priorities.--To the
maximum extent practicable and in a manner consistent with the
conservation security program, each conservation security plan
shall address the conservation priorities of the State and
locality in which the agricultural operation is located (as
determined by the State conservationist in consultation with
the State technical committee established under subtitle G and
the local working groups of the State technical committee).
``(d) Conservation Practices.--
``(1) In general.--
``(A) Establishment of tiers.--The Secretary shall
establish 3 tiers of conservation practices that are
eligible for payment under a conservation security
contract.
``(B) Conservation practice standards.--To the
maximum extent practicable, the Secretary shall
establish guidance standards for implementation of
eligible conservation practices that shall include
measurable goals for enhancing and preventing
degradation of resources.
``(2) Sustainable economic uses.--With respect to land
enrolled in the conservation security program, including land
use adjustment activities specified under Tier II, the
Secretary shall permit economic uses of the land that--
``(A) maintain the agricultural nature of land;
``(B) achieve the natural resource and
environmental benefits of the plan; and
``(C) are approved as part of the conservation
security plan.
``(3) On-farm research and demonstration.--With respect to
land enrolled in the conservation security program that will be
maintained using a Tier II or Tier III conservation practice
established under paragraph (5), the Secretary may approve a
conservation security plan that includes on-farm research and
demonstration activities, including innovative approaches to--
``(A) total farm planning;
``(B) total resource management;
``(C) integrated farming systems;
``(D) germplasm conservation and regeneration;
``(E) carbon sequestration;
``(F) agro-ecological restoration and wildlife
habitat restoration;
``(G) agro-forestry;
``(H) invasive species control; or
``(I) farm and environmental results monitoring and
evaluation.
``(4) Use of handbook and guides.--
``(A) In general.--In determining eligible
conservation practices under the conservation security
program, the Secretary shall use the National Handbook
of Conservation Practices and the field office
technical guides of the Natural Resources Conservation
Service.
``(B) Adjustments.--After providing notice and an
opportunity for public participation, the Secretary
shall make such adjustments to the National Handbook of
Conservation Practices as are necessary to carry out
this chapter.
``(C) Pilot testing.--
``(i) In general.--Under any of the 3 tiers
of conservation practices established under
paragraph (5), the Secretary may approve
requests by an owner or operator for pilot
testing of new technologies and innovative
conservation practices and systems.
``(ii) Incorporation into standards.--After
evaluation by the Secretary and provision of
notice and an opportunity for public
participation, the Secretary may incorporate
new technologies and innovative conservation
practices and systems into the standards for
implementation of conservation practices
established under paragraph (1)(B).
``(5) Tiers.--To carry out this subsection, the Secretary
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