,i #aacth ,,congress #ast ,session ,h4 ,r4 #ahij ,,in ,,the ,,house ,,of ,,representatives ,may #h1 #bjac ,mr4 ,blumenauer 7for himself1 ,mr4 ,farr1 ,mr4 ,kind1 ,mr4 ,moran1 ,ms4 ,slaughter1 ,mr4 ,waxman1 ,mr4 ,huffman1 ,mr4 ,dingell1 ,mr4 ,george ,miller of ,california1 ,ms4 ,lee of ,california1 ,mrs4 ,capps1 ,mr4 ,holt1 and ,mr4 ,ellison7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to modernize the conservation title of the ,food ,security ,act of #aihe1 protect long-term taxpayer investment1 increase small and midsize farmer's access to programs1 and prioritize modern-day conservation needs through management practices1 local engagement1 and stewardship4 #aja4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,balancing ,food1 ,farm1 and the ,environment ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #aja4 ,short title2 table of contents4 ,title ,i--,conservation ,subtitle ,a--,definitions ,sec4 #ajja4 ,definitions4 ,subtitle ,b--,highly erodible land conservation ,sec4 #aaja4 ,program ineligibility4 ,sec4 #aajb4 ,exemptions4 ,sec4 #aajc4 ,development and implementation of highly erodible land conservation plans and highly erodible land conservation systems4 ,sec4 #aajd4 ,notice and investigation of possible compliance deficiencies4 ,sec4 #aaje4 ,enforcement2 funding for technical assistance4 ,subtitle ,c--,wetland conservation ,sec4 #abja4 ,program ineligibility4 ,sec4 #abjb4 ,delineation of wetlands2 exemptions4 ,subtitle ,d--,conservation reserve ,sec4 #acja4 ,conservation reserve4 ,sec4 #acjb4 ,contracts4 ,sec4 #acjc4 ,conservation reserve easement program4 ,subtitle ,e--,conservation ,stewardship ,program ,sec4 #adja4 ,definitions4 ,sec4 #adjb4 ,conservation ,stewardship ,program4 ,sec4 #adjc4 ,stewardship contracts4 ,sec4 #adjd4 ,duties of the ,secretary4 ,subtitle ,f--,environmental ,quality ,incentives ,program ,sec4 #aeja4 ,purposes4 ,sec4 #aejb4 ,definitions4 ,sec4 #aejc4 ,establishment and administration4 ,sec4 #aejd4 ,evaluation of ,applications4 ,sec4 #aeje4 ,environmental quality incentives program plan4 ,sec4 #aejf4 ,duties of the ,secretary4 ,sec4 #aejg4 ,limitation on payments4 ,subtitle ,g--,conservation innovation grant program ,sec4 #afja4 ,conservation innovation grant program4 ,subtitle ,h--,funding and administration ,sec4 #agja4 ,commodity ,credit ,corporation4 ,sec4 #agjb4 ,conservation loan and loan guarantee program4 ,subtitle ,i--,agricultural conservation easement program ,sec4 #ahja4 ,agricultural conservation easement program4 ,subtitle ,j--,regional conservation partnership program ,sec4 #aija4 ,regional conservation partnership program4 ,title ,,ii--,crop insurance and disaster assistance ,sec4 #bjja4 ,ineligibility for ,federal crop insurance1 noninsured crop disaster assistance1 and certain payments because of crop production on native sod4 ,title ,,iii--,repeals and transitional provisions2 technical and conforming amendments2 effective date ,sec4 #cjja4 ,repeals and transitional provisions4 ,sec4 #cjjb4 ,technical and conforming amendments4 ,sec4 #cjjc4 ,effective date4 ,i ,conservation ,a ,definitions #ajja4 ,definitions 7a7 ,conservation system ,section #abja7;a77#d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77#d77 is amended to read as follows3 7#d7 ,conservation system ,the term conservation system means a combination of conservation measures or practices that are based on local natural resource and environmental conditions and are designed to cost-effectively address one or more priority resource concerns4 4 7b7 ,highly erodible land ,section #abja7;a77#aa77;,a77ii7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77#aa77;,a77ii77 is amended-- 7#a7 by striking excessive before average annual rate2 7#b7 by striking in relation to and inserting exceeding2 and 7#c7 by inserting revised before universal soil loss4 7c7 ,comprehensive conservation plan2 conservation outcome2 highly erodible land conservation plan2 highly erodible land conservation system2 nutrient-,impacted watershed2 priority resource concern ,section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77 is amended by adding at the end the following new paragraphs3 7#bh7 ,comprehensive conservation plan ,the term comprehensive conservation plan means a document that1 subject to the unique purposes of each conservation program-- 7,a7 identifies priority resource concerns that can be effectively addressed through conservation activities1 practices1 systems1 and management measures on an agricultural operation2 7,b7 inventories natural resource and environmental conditions related to priority resource concerns and establishes benchmark data and conservation objectives2 7,c7 determines the most cost-effective conservation activities1 practices1 systems1 and management measures to be implemented1 improved or maintained to address the designated priority resource concerns2 7,d7 provides a schedule for planning1 implementing1 improving1 or maintaining the identified conservation activities1 practices1 systems1 and management measures2 and 7,e7 contains a description and schedule for on-farm activities to evaluate the extent to which the planned conservation activities1 practices1 systems1 and management measures are effectively improving the condition of priority resource concerns4 7#bi7 ,conservation outcome ,the term conservation outcome means a natural resource or environmental change that is that is correlated with conservation activities4 7#cj7 ,highly erodible land conservation plan ,the term highly erodible land conservation plan means the document that-- 7,a7 applies to highly erodible land2 7,b7 describes the highly erodible land conservation system applicable to the highly erodible land and describes the decisions of the person with respect to location1 land use1 tillage systems1 and conservation treatment measures and schedule2 and 7,c7 is approved by the local soil conservation district1 in consultation with the local committees established under section #h7;b77#e7 of the ,soil ,conservation and ,domestic ,allotment ,act 7#af ,u4,s4,c4 #eij;h7b77#e77 and the ,secretary1 or by the ,secretary4 7#ca7 ,highly erodible land conservation system ,the term highly erodible land conservation system means a combination of #a or more conservation measures or management practices that-- 7,a7 are based on local resource conditions1 available conservation technology1 and the standards and guidelines contained in the ,natural ,resources ,conservation ,service field office technical guides2 7,b7 are designed to achieve1 in a cost effective and technically practicable manner1 a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible land when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management practices2 7,c7 at a minimum are designed to achieve1 within five years of actively applying a highly erodible land conservation plan1 a level of erosion not to exceed twice the soil loss tolerance level2 and 7,d7 effectively treat all ephemeral gullies4 7#cb7 ,nutrient-impacted watershed ,the term nutrient-impacted watershed means a watershed1 including its surface and ground waters1 any portion of which the ,secretary1 in consultation with officials from ,state water quality agencies1 the ,environmental ,protection ,agency1 and the ,united ,states ,geological ,survey1 determines to be degraded1 or contributing to the degradation of downstream waters1 due to the presence of excess agricultural nutrients4 7#cc7 ,priority resource concern ,the term priority resource concern means a specific impairment to soil1 soil quality1 water quality1 water quantity1 energy1 air quality1 biodiversity1 or fish1 wildlife1 or pollinator habitat1 that1 as determined by the ,secretary-- 7,a7 represents a significant environmental1 human health1 or sustainable agricultural production concern in a ,state1 region1 or watershed2 7,b7 is likely to be addressed successfully through implementation of conservation systems1 practices1 or activities by producers on land eligible for enrollment in one or more programs under this title2 and 7,c7 if successfully addressed will substantially contribute to the achievement of the purposes of the relevant program or programs under this title4 4 ,b ,highly erodible land conservation #aaja4 ,program ineligibility ,section #abaa7;a77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chaa7;a77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by inserting or revenue after price2 and 7,b7 by inserting the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgja et seq471 before or any other ,act2 7#b7 in subparagraph 7,c71 by striking 2 or and inserting a semicolon2 7#c7 in subparagraph 7,d7-- 7,a7 by striking ,consolidated before ,farm ,service ,agency2 and 7,b7 by striking the semicolon and inserting 2 or2 and 7#d7 by inserting after subparagraph 7,d7 the following new subparagraph3 7,e7 any portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 4 #aajb4 ,exemptions ,section #abab7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chab7;a77 is amended-- 7#a7 by inserting highly erodible land before conservation plan each place it appears2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,soil ,conservation ,service and inserting ,natural ,resources ,conservation ,service2 and 7ii7 by inserting 1 or premium subsidies1 after loans1 payments1 and benefits2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,eligibility based on compliance with highly erodible land conservation plan 7,a7 ,in general ,if1 as of ,january #a1 #aiij1 or #b years after the ,soil ,natural ,resources ,conservation ,service has completed a soil survey for the farm1 whichever is later1 a person is actively applying a highly erodible land conservation plan1 such person shall have until ,january #a1 #aiie1 to comply with the plan without being subject to program ineligibility4 7,b7 ,minimization of documentation ,in carrying out this subsection1 the ,secretary1 the ,natural ,resources ,conservation ,service1 and local soil conservation districts shall minimize the quantity of documentation a person must submit to comply with this paragraph4 7,c7 ,crop insurance ,if a person first becomes subject to section #abaa7;a7 solely due to a premium payment described in paragraph 7#a77;,e7 of such section1 the person shall have until ,january #a of the fifth year beginning after the date on which the person first became subject to such section to develop and comply with an approved highly erodible land conservation plan for the land on which the person produces an agricultural commodity covered by a policy or plan of insurance supported by such premium payment4 2 and 7,c7 in paragraph 7#c7-- 7i7 by striking only after subtitle ,d shall2 and 7ii7 by striking 4 ,the person shall not be required to meet a higher conservation standard than and inserting consistent with2 7#c7 in subsection 7b71 by inserting 1 or premium subsidies1 after and benefits2 7#d7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting 1 or premium subsidies1 after and benefits2 7,b7 in paragraph 7#a71 by inserting highly erodible land before conservation system each place it appears2 and 7,c7 in paragraphs 7#a71 7#b71 and 7#c71 by striking ,soil ,conservation ,service each place it appears and inserting ,natural ,resources ,conservation ,service2 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by inserting 1 or premium subsidies1 after benefits2 and 7,b7 in paragraph 7#d77;,b71 by inserting and premium subsidies after benefits2 and 7#f7 in subsection 7g7 by amending paragraph 7#b7 to read as follows3 7#b7 concerning conservation technical and financial assistance options and conservation loan options that may be available to such individual to meet the requirements of this section4 4 #aajc4 ,development and implementation of highly erodible land conservation plans and highly erodible land conservation systems 7a7 ,highly erodible land ,section #abac of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chab;a7 is amended-- 7#a7 in the header1 by striking conservation plans and conservation systems and inserting highly erodible land conservation plans and highly erodible land conservation systems2 7#b7 by inserting highly erodible land before conservation plan each place it appears2 and 7#c7 by inserting highly erodible land before conservation system each place it appears4 7b7 ,technical requirements ,section #abac7;a77#d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chab;a7a77#d77 is amended by inserting 1 taking into account the assistance described in section #abab7;g77#b74 7c7 ,certification of compliance ,section #abac7;d77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chab;a7d77#b77 is amended by striking ,if a person and inserting ,except as necessary to carry out section #abaf1 if a person4 #aajd4 ,notice and investigation of possible compliance deficiencies ,section #abae of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chad7 is amended-- 7#a7 by inserting highly erodible land before conservation plan each place it appears2 7#b7 in subsection 7a71 by inserting carrying out an inspection under section #abaf or before providing on-site technical assistance2 and 7#c7 in subsection 7c71 by striking may and inserting shall4 #aaje4 ,enforcement2 funding for technical assistance ,subtitle ,b of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chaa et seq47 is amended by adding at the end the following new sections3 #abaf4 ,enforcement of compliance with highly erodible land conservation plans 7a7 ,in general ,the ,secretary shall1 to the extent possible1 inspect annually at least five percent of the lands subject to compliance with highly erodible land conservation plans and for which the owner or operator is receiving a benefit described in section #abaa7;a71 specifically for the purpose of certifying compliance with the highly erodible land conservation plan and eligibility for such benefits4 7b7 ,annual report to ,congress ,not later than ,march #a of each year following the year of enactment of this provision1 the ,secretary shall submit to ,congress a report detailing the number of acres inspected for compliance with highly erodible land conservation plans1 the number and type of infractions found1 and the corrective or enforcement actions1 including reviews conducted under section #abae7;c7 and graduated penalties imposed under section #abab7;f71 associated with each1 including the agency's justifications for each action4 ,the report may include other pertinent information regarding compliance and enforcement1 as determined by the ,secretary4 #abag4 ,funding for technical assistance ,the ,secretary shall make available a portion of the administrative and technical assistance funding provided to administer the benefits described in section #abaa7;a7 to be used for technical assistance1 monitoring1 and enforcement associated with highly erodible land conservation4 ,funds shall be drawn from each program in proportion to the relative funding of each individual program4 4 ,c ,wetland conservation #abja4 ,program ineligibility 7a7 ,production on covered wetland ,section #abba7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chba7;a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting after the effective date of the ,balancing ,food1 ,farm1 and the ,environment ,act of #bjac1 before any person who2 and 7#b7 in paragraph 7#b71 by striking an amount determined by the ,secretary to be proportionate to the severity of the violation and inserting accordance with subsection 7b74 7b7 ,ineligibility for certain loans and payments ,section #abba7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chba7;b77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking the ,secretary shall determine which of1 and the amount of1 the following loans and payments for which the person shall be ineligible and inserting the person shall be ineligible for the following loans and payments2 and 7#b7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,as to any commodity produced during the crop year by such person-- 7,a7 contract payments under a production flexibility contract1 marketing assistance loans1 and any type of price or revenue support or payment made available under the ,agricultural ,market ,transition ,act 7#g ,u4,s4,c4 #gbja et seq471 the ,commodity ,credit ,corporation ,charter ,act 7#ae ,u4,s4,c4 #gad et seq471 the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgja et seq471 or any other ,act2 7,b7 a farm storage facility loan made under section #d7;h7 of the ,commodity ,credit ,corporation ,charter ,act 7#ae ,u4,s4,c4 #gad;b7h772 7,c7 a loan made1 insured1 or guaranteed under the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiba et seq47 or any other provision of law administered by the ,consolidated ,farm ,service ,agency1 if the ,secretary determines that the proceeds of such loan will be used for a purpose that will contribute to excessive erosion of highly erodible land2 or 7,d7 any portion of the premium paid by the ,federal ,crop ,insurance ,corporation for a policy or plan of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 7#b7 ,a payment made under section #d or #e of the ,commodity ,credit ,corporation ,charter ,act 7#ae ,u4,s4,c4 #gad;b or #gad;c7 during such crop year for the storage of an agricultural commodity acquired by the ,commodity ,credit ,corporation4 4 #abjb4 ,delineation of wetlands2 exemptions 7a7 ,exemptions ,section #abbb7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chbb7;b77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting 1 or premium subsidies1 after or payments2 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,in the case of payments that are subject to section #abba for the first time due to the amendments made by section #abja7;b7 of the ,balancing ,food1 ,farm1 and the ,environment ,act of #bjac1 a wetland that was converted after ,april #d1 #aiif and before ,october #a1 #bjac1 on land that is the basis of the payments1 provided the person in control of the land is and has been otherwise in compliance with section #abba4 4 7b7 ,on-,site inspection requirement ,section #abbb7;c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chbb7;c77 is amended by striking 1 or benefits and inserting 1 benefits1 or premium subsidies4 7c7 ,good faith exemption ,section #abbb7;h77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chbb7;h77 is amended to read as follows3 7#a7 ,graduated penalties ,if a person is in violation of section #abba but has acted in good faith and without an intent to violate such section1 as determined by the ,secretary1 the ,secretary may1 in lieu of applying the ineligibility provisions of section #abba7;b71 reduce program benefits and premium subsidies described in such section that the producer would otherwise be eligible to receive in a crop year by an amount commensurate with the seriousness of the violation1 as determined by the ,secretary4 4 7d7 ,eligibility for crop insurance ,section #abbb of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chbb7 is amended by adding at the end the following new subsection3 7l7 ,eligibility for crop insurance ,in the case of payments that are subject to section #abba for the first time due to the amendments made by section #abja7;b7 of the ,balancing ,food1 ,farm1 and the ,environment ,act of #bjac1 no person who plants or produces an agricultural commodity on a converted wetland on land that is the basis of the payments shall be ineligible under section #abba for program loans or payments1 or premium subsidies1 unless the person fails to mitigate for the loss of wetland values1 acreage1 and function in accordance with subparagraphs 7,a7 through 7,g7 of subsection 7f77#b7 by the end of the #bd-month period following the date on which the payments became subject to section #abba4 4 ,d ,conservation reserve #acja4 ,conservation reserve 7a7 ,in general ,section #abca7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;a77 is amended-- 7#a7 by striking #bjab and inserting #bjah2 and 7#b7 by inserting or easements after contracts4 7b7 ,eligible land ,section #abca7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;b77 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking the ,food1 ,conservation1 and ,energy ,act of #bjjh and inserting ,balancing ,food1 ,farm1 and the ,environment ,act of #bjac2 7#b7 by striking paragraph 7#b7 and inserting the following new paragraph3 7#c7 grassland that-- 7,a7 contains forbs or shrubland 7including improved rangeland and pastureland7 for which grazing is the predominant use2 7,b7 is located in an area historically dominated by grassland2 and 7,c7 could provide habitat for animal or plant populations of significant ecological value1 or corridors to facilitate wildlife movement and migration1 if the land is retained in its current use or restored to a natural condition2 2 and 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,c7-- 7i7 by inserting 1 wildlife habitat buffers1 shallow water areas for wildlife after permanent wildlife habitat2 7ii7 by inserting 1 wetland buffers1 riparian buffers after shelterbelts2 and 7iii7 by striking devoted to trees or shrubs2 7,b7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7,c7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 the land will be devoted to nutrient-trapping conservation practices approved by the ,secretary used in association with a newly created or existing conservation buffer practice2 4 7c7 ,planting status of certain land2 maximum enrollment ,subsections 7c7 and 7d7 of section #abca of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7 are amended to read as follows3 7c7 ,planting status of certain land ,for purposes of determining the eligibility of land to be placed in the conservation reserve established under this subchapter1 land shall be considered to be planted to an agricultural commodity during a crop year if1 during the crop year1 the land was devoted to a conserving use4 7d7 ,maximum enrollment 7#a7 ,in general ,the ,secretary may maintain in the conservation reserve at any #a time during-- 7,a7 fiscal year #bjad1 no more than #bf1jjj1jjj acres2 7,b7 fiscal year #bjae1 no more than #be1jjj1jjj acres2 7,c7 fiscal year #bjaf1 no more than #bd1jjj1jjj acres2 and 7,d7 fiscal years #bjag and #bjah1 no more than #bc1jjj1jjj acres4 7#b7 ,reservation ,the ,secretary1 to the maximum extent feasible1 shall manage the conservation reserve to ensure that on an annual basis not less than #fjj1jjj acres are available for new enrollments of eligible land-- 7,a7 described in subparagraphs 7,b7 through 7,f7 of subsection 7b77#d72 and 7,b7 enrolled under the special conservation reserve enhancement program authority under section #abcd7;f77#d74 7#c7 ,priority ,the ,secretary shall give priority to enrollments under the reservation in paragraph 7#b7 to land located in nutrient-impacted watersheds for which the enrollment would reduce nutrient loadings1 as determined by the ,secretary4 7#d7 ,consideration ,in applying paragraph 7#c71 the ,secretary shall take into consideration the effects that may exist of any drainage infrastructure on the potential to reduce nutrient loadings4 4 #acjb4 ,contracts 7a7 ,modifications ,section #abce7;c77#a77;,b77iii7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chce7;c77#a77;,b77iii77 is amended to read as follows3 7iii7 to facilitate a transition of land subject to the contract from a retired or retiring owner or operator to a beginning farmer or rancher1 socially disadvantaged farmer or rancher1 or limited resource farmer or rancher who is or will be actively engaged in farming or ranching with respect to the land transferred under this subsection1 for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods that meet or exceed the resource management system quality criteria for erosion1 soil quality1 water quality1 and fish and wildlife2 or 4 7b7 ,transition option for certain farmers or ranchers ,section #abce7;f77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chce7;f77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking or socially disadvantaged farmer or rancher and inserting socially disadvantaged farmer or rancher1 or limited resource farmer or rancher who is or will be actively engaged in farming or ranching with respect to the land transferred under this subsection2 7#b7 in subparagraph 7,a7-- 7,a7 in clause 7i71 by striking 2 and and inserting a semicolon2 7,b7 in clause 7ii71 by striking the semicolon and inserting 2 and2 and 7,c7 by adding at the end the following new clauses3 7iv7 provide to the covered farmer or rancher an opportunity to enroll in the conservation stewardship program or the environmental quality incentives program at any time beginning on the date that is #a year before the date of termination of the contract1 including technical and financial assistance in the development of a comprehensive conservation plan2 and 7v7 if the land transferred under this subsection remains in grass cover1 provide to the covered farmer or rancher an opportunity to enroll in a long-term or permanent easement under the agricultural conservation easement program2 2 7#c7 in subparagraph 7,b71 by inserting comprehensive before conservation plan2 7#d7 by striking subparagraph 7,d7 and redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7#e7 in subparagraph 7,d7 7as so redesignated71 by striking 1 if the retired or retiring owner or operator is not a family member 7as defined in section #ajja;,a7b77#c77;,b7 of this ,act7 of the covered farmer or rancher and inserting except that1 in the case of a retired or retiring owner or operator who is a family member 7as defined in section #ajja7 of the covered farmer or rancher1 the additional payments shall be made only if title to the land is sold or otherwise transferred to the covered farmer or rancher on termination of the contract4 #acjc4 ,conservation reserve easement program ,subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq47 is amended by adding at the end the following new section3 #abcf4 ,conservation reserve easement program 7a7 ,establishment ,the ,secretary shall formulate and carry out a conservation reserve easement program 7hereafter in this section referred to as the easement program7 in accordance with this section1 through the acquisition of permanent easements or easements for the maximum term permitted under applicable ,state law from willing owners of eligible farms or ranches in order to ensure the continued long-term protection of environmentally sensitive lands1 reduction in the degradation of water quality1 and enhancement of wildlife habitat on such farms or ranches through the continued conservation and improvement of soil and water resources4 7b7 ,eligibility2 termination 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may acquire easements under this section on eligible land placed in the conservation reserve under this subchapter that-- 7,a7 is determined by the ,secretary to be unsuitable for long-term commodity production2 7,b7 is an area of critical habitat for wildlife1 especially threatened or endangered species2 or 7,c7 contains other environmentally sensitive areas1 as determined by the ,secretary1 that would prevent a producer from complying with other ,federal1 ,state1 or local environmental goals if commodities were to be produced on such land4 7#b7 ,ineligible land ,the ,secretary may not acquire easements on-- 7,a7 land that contains timber stands established under this subchapter2 or 7,b7 pasture land established to trees under this subchapter4 7#c7 ,termination of existing contract ,the ,secretary may terminate or modify any existing contract entered into under section #abca7;a7 if eligible land that is subject to such contract is transferred into the easement program4 7c7 ,duties of owners 7#a7 ,plan 7,a7 ,in general ,in conjunction with the creation of an easement on any lands under this section1 the owner of the farm or ranch wherein such lands are located must agree to implement a natural resource conservation management plan in accordance with subparagraph 7,b7 and approved by the ,secretary4 7,b7 ,components ,a natural resource conservation management plan shall-- 7i7 set forth the conservation measures and practices to be carried out by the owner of the land subject to the easement2 7ii7 set forth the commercial use1 if any1 to be permitted on such land during the term of the easement2 and 7iii7 provide for the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the ,secretary4 7#b7 ,agreement ,in return for the creation of an easement on any lands under this section1 the owner of the farm or ranch wherein such lands are located must agree to the following3 7,a7 ,to the creation and recordation of an appropriate deed restriction1 in accordance with applicable ,state law1 to reflect the easement agreed to under this section with respect to such lands4 7,b7 ,to provide a written statement of consent to such easement signed by those holding a security interest in the land4 7,c7 ,to comply with such additional provisions as the ,secretary determines are desirable and are included in the easement to carry out this section or to facilitate the practical administration thereof4 7,d7 ,to limit the production of any agricultural commodity on such lands only to production for the benefit of wildlife4 7,e7 ,not to conduct any harvesting or grazing1 nor otherwise make commercial use of the forage1 on land that is subject to the easement1 unless specifically provided for in the easement or related agreement4 7,f7 ,not to adopt any other practice that would tend to defeat the purposes of this chapter1 as determined by the ,secretary4 7#c7 ,violation ,on the violation of the terms or conditions of the easement or related agreement entered into under this section1 the easement shall remain in force and the ,secretary may require the owner to refund all or part of any payments received by the owner under this section1 together with interest thereon as determined appropriate by the ,secretary4 7d7 ,duties of the secretary ,in return for the granting of an easement by an owner under this section1 the ,secretary shall-- 7#a7 share the cost of carrying out the establishment of conservation measures and practices set forth in the plan described in section #abcb7;a77#a7 for which the ,secretary determines that cost sharing is appropriate and in the public interest2 7#b7 pay for a period not to exceed #aj years annual easement payments in the aggregate not to exceed the lesser of-- 7,a7 #bej1jjj2 or 7,b7 the difference in the value of the land with and without the easement2 7#c7 provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the comprehensive conservation plan2 and 7#d7 permit the land to be used for wildlife activities1 including hunting and fishing1 if such use is permitted by the owner4 7e7 ,time of payment ,the ,secretary shall provide payment for obligations incurred by the ,secretary under this section-- 7#a7 with respect to any cost sharing obligation1 as soon as possible after the obligation is incurred2 and 7#b7 with respect to any annual easement payment obligation1 as soon as possible after ,october #a of each year4 7f7 ,cost sharing payments ,in making cost sharing payments to owners under this section1 the ,secretary may pay up to #ajj percent of the cost of establishing conservation measures and practices pursuant to this section4 7g7 ,easement payments 7#a7 ,determination of amount ,the ,secretary shall determine the amount payable to owners in the form of easement payments under this section1 and in making such determination may consider1 among other things1 the amount necessary to encourage owners to participate in the easement program4 7#b7 ,acceptability of offers ,in determining the acceptability of easement offers1 the ,secretary may take into consideration-- 7,a7 the extent to which the purposes of the easement program would be achieved on the land2 7,b7 the productivity of the land2 and 7,c7 the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities4 7#c7 ,priority ,the ,secretary shall prioritize offers that maximize the environmental goals of the easement program1 particularly regarding improvements to water quality1 wildlife habitat and corridors1 and water conservation4 ,priority may also be given to easements that are part of a cooperative conservation effort to address priority resource concerns on a regional or watershed scale1 or that are adjacent to existing conservation lands4 7h7 ,payments to others ,if an owner who is entitled to a payment under this section dies1 becomes incompetent1 is otherwise unable to receive such payment1 or is succeeded by another person who renders or completes the required performance1 the ,secretary shall make such payment1 in accordance with regulations prescribed by the ,secretary and without regard to any other provision of law1 in such manner as the ,secretary determines is fair and reasonable in light of all of the circumstances4 7i7 ,modification ,the ,secretary may modify an easement acquired from1 or a related agreement with1 an owner under this section if-- 7#a7 the current owner of the land agrees to such modification2 and 7#b7 the ,secretary determines that such modification is desirable-- 7,a7 to carry out this section2 7,b7 to facilitate the practical administration of this section2 or 7,c7 to achieve such other goals as the ,secretary determines are appropriate and consistent with this section4 7j7 ,termination ,the ,secretary may terminate an easement created with an owner under this section if-- 7#a7 the current owner of the land agrees to such termination2 and 7#b7 the ,secretary determines that such termination would be in the public interest4 4 ,e ,conservation ,stewardship ,program #adja4 ,definitions 7a7 ,conservation activities 7#a7 ,in general ,section #abch;,d7#a77;,a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;d7#a77;,a77 is amended by striking a resource concern and inserting one or more resource concerns4 7#b7 ,inclusions ,section #abch;,d7#a77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;d7#a77;,b77 is amended to read as follows3 7,b7 ,inclusions ,the term conservation activities includes-- 7i7 vegetative measures and land management measures1 including integrated pest1 nutrient1 crop residue1 and managed rotational grazing management measures1 as determined by the ,secretary2 7ii7 structural measures that are integrated with and essential to the successful implementation of such vegetative and land management measures2 7iii7 planning needed to address a resource concern2 and 7iv7 development of a comprehensive conservation plan4 4 7b7 ,conservation measurement tools ,section #abch;,d7#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;d7#b77 is amended by inserting natural resource and before environmental benefit4 7c7 ,priority resource concern ,section #abch;,d of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;d7 is amended by striking paragraphs 7#d7 and 7#f7 and redesignating paragraphs 7#e7 and 7#g7 as paragraphs 7#d7 and 7#e71 respectively4 7d7 ,stewardship threshold ,section #abch;,d7#e7 of the ,food ,security ,act of #aihe 7as so redesignated7 is amended to read as follows3 7#e7 ,stewardship threshold ,the term stewardship threshold means the level of natural resource conservation and environmental management required to address and improve upon a priority resource concern1 as determined by the ,secretary using-- 7,a7 conservation measurement tools2 7,b7 the resource management system quality criteria for the particular priority resource concerns2 7,c7 data from past and current program enrollments2 and 7,d7 other similar means to measure improvement and conservation of the priority resource concern4 4 #adjb4 ,conservation ,stewardship ,program 7a7 ,establishment and purpose ,section #abch;,e7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;e7a77 is amended in the matter preceding paragraph 7#a7-- 7#a7 by striking #bjji through #bjad and inserting #bjac through #bjah2 and 7#b7 by striking resource concerns and inserting priority resource concerns and improve and conserve the quality and condition of natural resources4 7b7 ,eligible land ,section #abch;,e7b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;e7b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,d71 by inserting priority before resource concerns2 and 7,b7 by adding at the end the following new subparagraph3 7,e7 ,nonindustrial private forest land4 2 and 7#b7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b74 7c7 ,exclusions 7#a7 ,land enrolled in other conservation programs ,section #abch;,e7c77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;e7c77#a77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking be eligible for enrollment in the program and inserting eligible for enrollment in the program and shall not be considered part of the agricultural operation of the producer for purposes of the program2 and 7,b7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,land enrolled in the conservation reserve program1 unless-- 7i7 the applicant's conservation reserve program contract will expire at the end of the fiscal year in which the applicant applies for enrollment in the program2 and 7ii7 conservation reserve program payments for land enrolled in the program cease before the first conservation stewardship program payment is made to the applicant4 4 7#b7 ,transition ,section #abch;,e7c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;e7c77 is amended by redesignating paragraph 7#b7 as paragraph 7#c7 and inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,transition ,the ,secretary may permit land described in paragraph 7#a77;,a7 to be prepared for production as a grazing operation prior to the expiration of the conservation reserve program contract when a conservation stewardship contract has been approved1 if no production takes place until after the expiration of the conservation reserve program contract4 4 7#c7 ,conversion to cropland ,section #abch;,e7c77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;e7c77#b77 is amended by striking the date of enactment of the ,food1 ,conservation1 and ,energy ,act of #bjjh and inserting ,october #a1 #bjac4 #adjc4 ,stewardship contracts 7a7 ,submission of contract offers ,section #abch;,f7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;f7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting or exceeding before the stewardship threshold2 and 7,b7 by striking one resource concern and inserting #b priority resource concerns2 and 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 would1 at a minimum1 meet or exceed the stewardship threshold for at least #a additional priority resource concern by the end of the stewardship contract by-- 7,a7 installing and adopting additional conservation activities2 7,b7 improving1 maintaining1 and managing conservation activities on the agricultural operation of the producer in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the ,secretary2 and 7,c7 if applicable1 describing the resource-conserving crop rotation1 managed intensive rotation grazing system1 or transition to organic crop or livestock systems the producer agrees to improve1 maintain1 and manage1 or install and adopt1 during the term of the conservation stewardship contract4 4 7b7 ,evaluation of contract offers ,section #abch;,f7b77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;f7b77#a77 is amended to read as follows3 7#a7 ,ranking of applications ,in evaluating contract offers made by producers to enter into contracts under the program1 the ,secretary shall rank applications based on-- 7,a7 the level of conservation and environmental benefits resulting from all conservation activities to be covered by the contract1 including conservation activities proposed to be commenced as a result of the contract1 on all applicable priority resource concerns1 based to the maximum extent practicable on conservation measurement tools2 and 7,b7 in the event of a tie in ranking scores between two or more applications1 the extent to which the actual and anticipated environmental benefits from the contract are provided at the least cost4 4 7c7 ,entering into contracts ,section #abch;,f7c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;f7c77 is amended to read as follows3 7c7 ,entering into contracts 7#a7 ,in general ,after a determination that a producer is eligible for the program under subsection 7a71 and a determination that the contract offer ranks sufficiently high under the evaluation criteria under subsection 7b71 the ,secretary shall enter into a conservation stewardship contract with the producer to enroll the land to be covered by the contract4 7#b7 ,financial obligation ,consistent with section #abch;,g7e77#d71 a contract entered into under paragraph 7#a7 shall not create an obligation for financial assistance until the first ,october #a after the contract is entered into4 4 7d7 ,contract renewal ,section #abch;,f7e7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;f7e77 is amended to read as follows3 7e7 ,contract renewal ,at the end of a conservation stewardship contract of a producer1 the ,secretary may allow the producer to renew the contract for an additional five-year period if the producer-- 7#a7 demonstrates compliance with the terms of the existing contract2 7#b7 agrees to adopt new or improved conservation activities1 as determined by the ,secretary2 and 7#c7 has met or exceeded1 or agrees to meet or exceed1 the stewardship threshold for all priority resource concerns identified for the region or area in which the land that is subject to the contract is located4 4 7e7 ,modification ,section #abch;,f7f7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;f7f77 is amended to read as follows3 7f7 ,modification 7#a7 ,in general ,the ,secretary may allow a producer to modify a stewardship contract if the ,secretary determines that the modification is consistent with achieving the purposes of the program4 7#b7 ,changes in control of land ,the ,secretary shall allow a producer to add or subtract from the contract land over which the producer loses or gains control1 respectively1 during the contract period if such modification is consistent with achieving the purposes of the program and if the ,secretary determines that the resulting natural resource and environmental benefits would equal or exceed the original contract4 4 7f7 ,coordination with organic certification ,section #abch;,f7h7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;f7h77 is amended by inserting or maintain after may initiate4 7g7 ,on-,farm research and demonstration or pilot testing ,section #abch;,f of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;f7 is amended by striking subsection 7i74 #adjd4 ,duties of the ,secretary 7a7 ,in general ,section #abch;,g7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7a77 is amended to read as follows3 7a7 ,in general ,to achieve the conservation goals of a contract under the conservation stewardship program1 the ,secretary shall-- 7#a7 make the program available to eligible producers on a continuous enrollment basis with #a or more ranking periods1 one of which shall occur in the first third of each fiscal year2 7#b7 identify priority resource concerns in a particular watershed or other appropriate region or area within a ,state2 7#c7 for any region or area that includes any part of a nutrient-impacted watershed 7as determined by the ,secretary71 ensure that one of the priority resource concerns identified under paragraph 7#b7 is water pollution caused by excess nutrient loads2 7#d7 develop reliable conservation measurement tools for purposes of carrying out the program2 and 7#e7 ensure that conservation measurement tools are transparent and available to producers by-- 7,a7 making interactive1 user-friendly conservation measurement tools publically available online2 7,b7 making conservation activity natural resource and environmental benefit scores available in an easy to understand format for study both before and during application2 and 7,c7 taking other similar steps1 as determined by the ,secretary4 4 7b7 ,allocation to ,states ,section #abch;,g7b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7b77 is amended-- 7#a7 in paragraph 7#a71 by striking primarily2 and 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking also4 7c7 ,acreage enrollment limitation ,section #abch;,g7d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7d77 is amended-- 7#a7 in paragraph 7#a71 by striking #ab1gfi1jjj and inserting #aj1jjj1jjj2 and 7#b7 in paragraph 7#b71 by striking #ah and inserting #bc4 7d7 ,conservation stewardship payments 7#a7 ,availability of payments ,section #abch;,g7e77#a77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7e77#a77;,b77 is amended by striking at the operation of the producer and inserting on the agricultural operation of the producer4 7#b7 ,payment amount ,section #abch;,g7e77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7e77#b77 is amended to read as follows3 7#b7 ,payment amount 7,a7 ,in general ,the amount of the conservation stewardship payment shall be determined by the ,secretary and based1 to the maximum extent practicable1 on the following factors3 7i7 ,costs incurred by the producer associated with planning1 design1 materials1 installation1 labor1 management1 maintenance1 or training4 7ii7 ,income forgone by the producer4 7iii7 ,expected natural resource and environmental benefits resulting from existing and proposed conservation treatment1 based to the maximum extent possible on conservation measurement tools4 7,b7 ,payment differential ,in applying subparagraph 7,a71 the ,secretary shall1 where applicable1 differentiate between-- 7i7 improving1 maintaining1 and managing conservation activities in place on the agricultural operation at the time the contract offer is accepted by the ,secretary2 and 7ii7 installing and adopting additional conservation activities on the agricultural operation4 4 7#c7 ,minimum payment ,section #abch;,g7e7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7e77 is amended by adding at the end the following new paragraph3 7#e7 ,minimum payment 7,a7 ,in general ,a payment to a producer under this subsection shall be not less than #a1ejj per year4 7,b7 ,comprehensive contract ,if a contract requires a comprehensive conservation plan the implementation of which will1 by the end of the contract term1 meet or exceed the stewardship threshold for all priority resource concerns1 the minimum payment shall be not less than #c1jjj4 4 7e7 ,supplemental payments for resource-,conserving crop rotations ,section #abch;,g7f7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7f77 is amended to read as follows3 7f7 ,supplemental payments for resource-,conserving crop rotations1 managed intensive rotational grazing1 and transition to organic crop or livestock systems 7#a7 ,availability of payments ,the ,secretary shall provide additional payments to producers that1 in participating in the program1 agree to-- 7,a7 improve1 maintain1 and manage1 or adopt and maintain-- 7i7 resource-conserving crop rotations2 or 7ii7 managed intensive rotational grazing2 or 7,b7 transition to organic crop or livestock systems4 7#b7 ,resource-conserving crop rotation ,in this subsection1 the term resource-conserving crop rotation means a crop rotation that-- 7,a7 includes at least #a resource conserving crop 7as defined by the ,secretary72 7,b7 reduces erosion2 7,c7 improves water quality2 7,d7 improves soil fertility and tilth2 7,e7 interrupts pest cycles2 and 7,f7 in applicable areas1 reduces depletion of soil moisture or otherwise reduces the need for irrigation4 7#c7 ,managed intensive rotational grazing ,in this subsection1 the term managed intensive rotational grazing means a system in which animals are regularly and systematically moved to fresh pasture in such a way as to-- 7,a7 maximize the quantity and quality of forage growth2 7,b7 improve manure distribution and nutrient cycling2 7,c7 increase carbon sequestration from greater forage harvest2 7,d7 improve the quantity and quality of cover for wildlife2 7,e7 provide permanent cover to protect the soil from erosion2 and 7,f7 improve water quality4 7#d7 ,transition to organic crop or livestock systems ,in this subsection1 the term transition to organic crop or livestock systems means adoption of conservation activities for certified organic production on land or for herds not previously certified organic that meet all the requirements of the program and that are consistent with the regulations promulgated under the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq474 4 7f7 ,payment limitations ,section #abch;,g7g7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7g77 is amended to read as follows3 7g7 ,payment limitations 7#a7 ,in general ,a person or legal entity may not receive1 directly or indirectly1 payments under this subchapter that1 in the aggregate1 exceed #bjj1jjj for all contracts entered into during any #e-year period1 excluding funding arrangements with federally recognized ,indian tribes or ,alaska ,native corporations1 regardless of the number of contracts entered into under the program by the person or entity4 7#b7 ,acreage ,any acres enrolled in the program that will not receive payments due to the limitation in paragraph 7#a7 shall not be counted toward the acreage limitation in subsection 7d77#a74 4 7g7 ,regulations ,section #abch;,g7h7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7h77 is amended by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively1 and by inserting before paragraph 7#b7 7as so redesignated7 the following new paragraph3 7#a7 require participants in the program to be actively engaged in farming or ranching2 4 7h7 ,data ,section #abch;,g7i7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7i77 is amended to read as follows3 7i7 ,data ,the ,secretary shall maintain detailed and segmented data on contracts and payments under the program to allow1 at a minimum1 with respect to each contract-- 7#a7 quantification of the type and extent of conservation activities for which payments were made2 7#b7 quantification of the amount of payments made for-- 7,a7 the installation and adoption of additional conservation activities and improvements to conservation activities in place on the operation of a producer at the time the conservation stewardship offer is accepted by the ,secretary2 and 7,b7 the maintenance of existing conservation activities2 and 7#c7 identification of the watershed and county in which the agricultural operation receiving payments is located4 4 7i7 ,payments for conservation activities related to organic production ,section #abch;,g of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g7 is amended by adding at the end the following new subsection3 7g7 ,payments for conservation activities related to organic production 7#a7 ,in general ,the ,secretary shall provide payments for conservation activities related to organic production4 7#b7 ,eligibility requirements ,as a condition for receiving payments under the program1 a producer shall agree to develop and implement conservation activities for certified organic production that are consistent with the regulations promulgated under the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 and the purposes of the program4 7#c7 ,planning 7,a7 ,in general ,the ,secretary shall provide planning assistance to producers transitioning to certified organic production consistent with the requirements of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 and the purposes of this subchapter4 7,b7 ,avoidance of duplication ,the ,secretary shall1 to the maximum extent practicable1 eliminate duplication of planning activities for a producer participating in a contract under this subchapter and initiating or maintaining organic certification consistent with the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq474 4 7j7 ,comprehensive conservation planning ,section #abch;,g of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;g71 as amended by subsection 7i71 is further amended by adding at the end the following new subsection3 7h7 ,comprehensive conservation planning ,the ,secretary shall provide technical and financial assistance to producers under the program to develop a comprehensive conservation plan for the agricultural operation of the producer4 4 ,f ,environmental ,quality ,incentives ,program #aeja4 ,purposes ,section #abdj of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa7 is amended to read as follows3 #abdj4 ,purposes ,the purpose of the environmental quality incentives program established by this chapter is to assist producers in implementing conservation systems1 practices1 and activities on their operations in order to-- 7#a7 improve water quality1 with special emphasis on reducing nutrient pollution and protecting sources of drinking water2 7#b7 avoid1 to the maximum extent practicable1 the need for resource and regulatory programs by assisting producers in protecting soil1 water1 air1 and related natural resources and meeting environmental quality criteria established by ,federal1 ,state1 tribal1 and local agencies2 7#c7 conserve ground and surface water to sustain or improve in-stream flows2 7#d7 enhance soil quality2 7#e7 control invasive species2 7#f7 enhance critical aquatic and terrestrial wildlife habitat for at-risk species2 7#g7 reduce the amount and toxicity of pesticides and other agricultural chemicals found on food and in water or the air2 7#h7 reduce the nontherapeutic use of medically important antibiotics in food-producing animals in order to preserve the effectiveness of antibiotics used in the treatment of human and animal disease2 7#i7 help producers adapt to a changing and unpredictable climate and increase resiliency to climate change impacts1 including rising temperatures and extreme weather events1 while reducing greenhouse gas emissions2 and 7#aj7 address additional priority resource concerns1 as determined by the ,secretary4 4 #aejb4 ,definitions 7a7 ,organic system plan ,section #abdj;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#a7 is amended by striking paragraph 7#c7 and redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#c7 through 7#e71 respectively4 7b7 ,practice ,section #abdj;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#a7 is further amended in paragraph 7#d77;,b7 7as redesignated by subsection 7a77-- 7#a7 in clause 7i71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating clause 7ii7 as clause 7iii72 and 7#c7 by inserting after clause 7i7 the following new clause3 7ii7 comprehensive conservation planning2 and 4 #aejc4 ,establishment and administration 7a7 ,establishment ,section #abdj;,b7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;a77 is amended by striking #bjjb through #bjad and inserting #bjac through #bjah4 7b7 ,term ,section #abdj;,b7b77#b77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;b77#b77;,b77 is amended by striking #aj years and inserting #e years4 7c7 ,priority ,section #abdj;,b7c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;c77 is amended to read as follows3 7c7 ,priority ,if the ,secretary determines that the environmental values of two or more applications for payments are comparable1 the ,secretary shall assign a higher priority to a program application which will achieve the environment and conservation values using practices and systems the assessed cost of which is lower4 4 7d7 ,payments 7#a7 ,increased payments for certain practices ,section #abdj;,b7d77#c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;d77#c77 is amended to read as follows3 7#c7 ,increased payments for certain practices ,the ,secretary shall provide supplemental payments and enhanced technical assistance to producers implementing land management and vegetative practices at a level that1 as determined by the ,secretary1 results in highly cost-effective treatment of priority resource concerns1 including-- 7,a7 residue and tillage management2 7,b7 contour farming2 7,c7 cover cropping2 7,d7 integrated pest management2 7,e7 nutrient management2 7,f7 stream corridor improvement2 7,g7 invasive plant species control2 7,h7 contour buffer strips2 7,i7 riparian herbaceous and forest buffers2 7,j7 filterstrips2 7,k7 stream habitat improvement and management2 7,l7 grassed waterways2 7,m7 wetland restoration and enhancement2 7,n7 pollinator habitat2 or 7,o7 conservation crop rotation4 4 7#b7 ,increased payments for certain producers ,section #abdj;,b7d77#d77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;d77#d77;,b77 is amended by striking #cj percent and inserting #ej percent4 7#c7 ,limitation on payments for certain practices ,section #abdj;,b7d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;d77 is amended by adding at the end the following new paragraph3 7#g7 ,limitation on payments for certain practices ,a producer who owns or operates a large confined animal feeding operation 7as defined by the ,secretary7 shall not be eligible for payments under this chapter to construct an animal waste management facility or any associated waste transport or transfer device4 4 7e7 ,allocation of funding ,section #abdj;,b7f7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;f77 is amended to read as follows3 7f7 ,allocation of funding ,of the funds made available for payments for each of fiscal years #bjad through #bjah-- 7#a7 #ej percent shall be targeted at practices relating to livestock production2 and 7#b7 not less than #aj percent shall be targeted at practices relating to improvement of fish and wildlife habitat4 4 7f7 ,water conservation or irrigation efficiency practice 7#a7 ,availability of payments ,section #abdj;,b7h77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;h77#a77 is amended to read as follows3 7#a7 ,availability of payments ,the ,secretary may provide payments under this subsection to a producer for a water conservation or irrigation practice that promotes ground and surface water conservation on the agricultural operation of the producer by-- 7,a7 improvements to irrigation systems2 7,b7 enhancement of irrigation efficiencies2 7,c7 conversion of the agricultural operation to-- 7i7 the production of less water-intensive agricultural commodities2 or 7ii7 dryland farming2 7,d7 improvement of the storage of water through measures such as water banking and groundwater recharge2 7,e7 enhancement of fish and wildlife habitat associated with irrigation systems including pivot corners and areas with irregular boundaries2 or 7,f7 establishment of other measures1 as determined by the ,secretary1 that improve groundwater and surface water conservation in agricultural operations4 4 7#b7 ,priority ,section #abdj;,b7h77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;h77#b77 is amended-- 7,a7 in subparagraph 7,a71 by striking 2 or and inserting 2 and2 and 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 any associated water savings remain in the original source of such water for the useful life of the practice4 4 7#c7 ,duty of producers ,section #abdj;,b7h7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;h77 is amended by adding at the end the following new paragraph3 7#c7 ,duty of producers ,the ,secretary may not provide payments to a producer for a water conservation or irrigation practice under this chapter unless the producer agrees not to use any associated water savings to bring new land1 other than incidental land needed for efficient operations1 under irrigated production1 unless the producer is participating in a watershed-wide project that will effectively conserve water1 as determined by the ,secretary4 4 7g7 ,payments for conservation practices related to organic production 7#a7 ,payments authorized ,section #abdj;,b7i77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;i77#a77 is amended by striking subsection and inserting chapter4 7#b7 ,eligibility requirements ,section #abdj;,b7i77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;i77#b77 is amended to read as follows3 7#b7 ,eligibility requirements ,as a condition for receiving payments under this chapter1 a producer shall agree to develop and implement conservation practices for certified organic production that are consistent with the regulations promulgated under the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 and the purposes of this chapter4 4 7#c7 ,payment limitations2 coordination with organic certification2 planning ,section #abdj;,b7i7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;i77 is amended-- 7,a7 by striking paragraph 7#c7 and redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following new paragraphs3 7#c7 ,coordination with organic certification ,the ,secretary shall establish a transparent means by which producers may initiate organic certification under the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 while participating in a contract under this chapter4 7#d7 ,planning 7,a7 ,in general ,the ,secretary shall provide planning assistance to producers transitioning to certified organic production consistent with the requirements of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 and the purposes of this chapter4 7,b7 ,avoidance of duplication ,the ,secretary shall1 to the maximum extent practicable1 eliminate duplication of planning activities for a producer participating in a contract under this chapter and initiating or maintaining organic certification consistent with the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq474 4 7h7 ,payments for conservation practices related to antibiotic use ,section #abdj;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7 is amended by adding at the end the following new subsection3 7j7 ,payments for conservation practices related to antibiotic use 7#a7 ,payments authorized ,the ,secretary shall provide payments under this chapter to livestock producers for three years1 to assist in a transition to modified animal management and production systems1 for practices leading to the reduction in the need for antibiotics1 including modification of systems and spaces to-- 7,a7 improve sanitation2 7,b7 improve ventilation2 or 7,c7 support the implementation of improved animal management techniques at the operation4 7#b7 ,duty of producer ,the ,secretary shall not make payments under this chapter for practices related to antibiotic use unless the producer agrees to provide information to the ,secretary documenting the resulting reduction in antibiotic use in the operation of the producer4 4 7i7 ,comprehensive conservation planning ,section #abdj;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b71 as amended by subsection 7g71 is further amended by adding at the end the following new subsection3 7k7 ,comprehensive conservation planning ,the ,secretary shall provide technical and financial assistance to producers under the program to develop a comprehensive conservation plan for the agricultural operation of the producer4 4 #aejd4 ,evaluation of ,applications 7a7 ,evaluation criteria ,section #abdj;,c7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#c7;a77 is amended by striking 1 national1 ,state1 and local conservation priorities and inserting priority resource concerns identified under subsection 7d74 7b7 ,prioritization of applications ,section #abdj;,c7b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#c7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking achieving the anticipated environmental benefits of the project and inserting priority resource concerns identified under subsection 7d72 and 7#b7 in paragraph 7#b71 by striking designated resource concern or resource concerns and inserting priority resource concerns identified under subsection 7d71 including1 in the case of applications from nutrient-impacted watersheds1 the degree to which nutrient loadings would be reduced as a result of the proposed project4 7c7 ,grouping of applications ,section #abdj;,c7c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#c7;c77 is amended by striking for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations and inserting proposing to address the same priority resource concerns for evaluation purposes4 7d7 ,priority resource concerns ,section #abdj;,c of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#c7 is amended by adding at the end the following new subsection3 7d7 ,priority resource concerns ,for the purposes of this section1 the ,secretary shall identify priority resource concerns in a particular watershed or other appropriate region or area within a ,state4 4 #aeje4 ,environmental quality incentives program plan 7a7 ,plan of operations ,section #abdj;,e7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#e7;a77 is amended to read as follows3 7a7 ,plan of operations ,to be eligible to receive payments under the program1 a producer shall submit to the ,secretary for approval a plan of operations that-- 7#a7 specifies the priority resource concerns to be addressed2 7#b7 specifies the type1 number1 and sequencing of conservation systems1 practices1 or activities to be implemented to address the priority resource concerns2 7#c7 includes such terms and conditions as the ,secretary considers necessary to carry out the program1 including a description of the purposes to be met by the implementation of the plan and a statement of how the plan will achieve or take significant steps toward achieving the relevant resource management system quality criteria2 7#d7 in the case of a confined livestock feeding operation1 provides for development and implementation of a comprehensive nutrient management plan1 if applicable2 7#e7 in the case of a producer located within a nutrient-impacted watershed1 identifies methods by which the producer will limit nutrient loss2 and 7#f7 in the case of forest land1 is consistent with the provisions of a forest management plan that is approved by the ,secretary1 which may include-- 7,a7 a forest stewardship plan described in section #e of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;a72 7,b7 another practice plan approved by the ,state forester2 or 7,c7 another plan determined appropriate by the ,secretary4 4 7b7 ,avoidance of duplication ,section #abdj;,e7b77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#e7;b77#a77 is amended by striking plan of operations and inserting resource management system plan4 #aejf4 ,duties of the ,secretary ,section #abdj;,f7#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#f7b77 is amended by striking information and inserting technical assistance1 information14 #aejg4 ,limitation on payments ,section #abdj;,g of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#g7 is amended to read as follows3 #abdj;,g4 ,limitation on payments 7a7 ,limitation on total payments ,subject to subsection 7b71 a person or legal entity may not receive1 directly or indirectly1 cost-share or incentive payments under this chapter1 in the aggregate1 for all contracts entered into under this chapter by the person or entity 7excluding funding arrangements with federally recognized ,native ,american ,indian ,tribes or ,alaska ,native ,corporations under section #abdj;,b7h771 regardless of the number of contracts entered into under this chapter by the person or entity1 that-- 7#a7 during any fiscal year exceed #cj1jjj2 and 7#b7 during any five-year period exceed #aej1jjj4 7b7 ,waiver ,authority ,in the case of contracts under this chapter for projects of special environmental significance1 as determined by the ,secretary1 the ,secretary may waive the limitation otherwise applicable under subsection 7a77#a74 7c7 ,prevention of duplication ,the ,secretary shall not approve a contract or provide payments to any individual for a practice that has already been paid for as part of a previously approved and completed contract for any particular parcel of land4 4 ,g ,conservation innovation grant program #afja4 ,conservation innovation grant program ,chapter #e of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb et seq47 is amended by adding at the end the following new section3 #abdj,s4 ,conservation innovation grant program 7a7 ,competitive grants for innovative conservation approaches ,the ,secretary shall1 for each of fiscal years #bjad through #bjah1 carry out a conservation innovation grant program to encourage innovation in conservation on private farmland1 rangeland1 wetlands1 grasslands1 and forest lands4 7b7 ,use ,the ,secretary shall provide grants under this section to governmental and non-governmental organizations and persons1 on a competitive basis1 to carry out projects that-- 7#a7 develop and test innovative and cost-effective technologies and practices and methods of conservation delivery to address priority resource concerns2 7#b7 involve producers who are eligible for payments or technical assistance under this title2 7#c7 leverage ,federal funds made available to carry out this section with matching funds provided by ,state and local governments and private organizations to promote environmental enhancement and protection in conjunction with agricultural production2 7#d7 ensure efficient and effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this subsection1 such as market systems for pollution reduction and practices for the storage of carbon in soil2 7#e7 provide environmental and resource conservation benefits through increased participation by producers of specialty crops2 7#f7 provide payments to producers to implement cost-effective and innovative technologies to address priority resource concerns related to air quality from agricultural operations2 or 7#g7 provide environmental and resource conservation benefits through increased participation by beginning farmers and ranchers and socially disadvantaged farmers and ranchers4 7c7 ,evaluation criteria ,the ,secretary shall develop criteria for evaluating applications for competitive grants under this section that will ensure that priority resource concerns are effectively addressed4 4 ,h ,funding and administration #agja4 ,commodity ,credit ,corporation 7a7 ,in general ,section #abda7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7;a77 is amended to read as follows3 7a7 ,in general ,for each of fiscal years #bjad through #bjah1 the ,secretary shall use the funds1 facilities1 and authorities of the ,commodity ,credit ,corporation to carry out the following programs under this title 7including the provision of technical assistance73 7#a7 ,the conservation reserve program under subchapter ,b of chapter #a of subtitle ,d1 including1 to the maximum extent practicable1 #ej1jjj1jjj for the period of fiscal years #bjad through #bjah to carry out section #abce7;f7 to facilitate the transfer of land subject to contracts from retired or retiring owners and operators to beginning farmers or ranchers and socially disadvantaged farmers or ranchers4 7#b7 ,the conservation security program under subchapter ,a of chapter #b of subtitle ,d1 using such sums as are necessary to administer contracts entered into before ,september #cj1 #bjjh4 7#c7 ,the conservation stewardship program under subchapter ,b of chapter #b of subtitle ,d4 7#d7 ,the environmental quality incentives program under chapter #d of subtitle ,d1 using1 to the maximum extent practicable1 #a1edb1ejj1jjj for each fiscal year4 7#e7 ,the conservation innovation grant program under section #abdj,s1 using1 to the maximum extent practicable1 #ajj1jjj1jjj for each fiscal year4 7#f7 ,the agricultural conservation easement program under subtitle ,h1 using1 to the maximum extent practicable1 #gjd1jjj1jjj for each fiscal year1 of which not less than #gj percent shall be used to carry out section #abfe;,c4 7#g7 ,the conservation loan and loan guarantee program under section #abdf1 using1 to the maximum extent practicable1 for each fiscal year-- 7,a7 #bjj1jjj1jjj for direct loans2 and 7,b7 #aej1jjj1jjj for loan guarantees4 4 7b7 ,guaranteed availability of funds ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended-- 7#a7 by redesignating subsections 7b7 through 7h7 as subsections 7c7 through 7i71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,availability of funds 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts made available by subsection 7a7 shall be used by the ,secretary to carry out the programs specified in such subsection for fiscal years #bjad through #bjah and shall remain available until expended4 ,amounts made available for the programs specified in such subsection during a fiscal year through modifications1 cancellations1 terminations1 and other related administrative actions and not obligated in that fiscal year shall remain available for obligation during subsequent fiscal years1 but shall reduce the amount of additional funds made available in the subsequent fiscal year by an amount equal to the amount remaining unobligated4 7#b7 ,conservation innovation grant program ,amounts made available by subsection 7a77#e7 for a fiscal year and not obligated in that fiscal year shall be made available for the environmental quality incentives program under chapter #d of subtitle ,d1 and shall remain available until expended4 4 7c7 ,technical assistance ,section #abda7;c7 of the ,food ,security ,act of #aihe 7as redesignated by subsection 7b77 is amended to read as follows3 7c7 ,technical ,assistance 7#a7 ,in general ,commodity ,credit ,corporation funds made available for a fiscal year for each of the programs specified in subsection 7a7-- 7,a7 shall be available for the provision of technical assistance for the programs for which funds are made available2 and 7,b7 shall not be available for the provision of technical assistance for conservation programs specified in subsection 7a7 other than the program for which the funds were made available4 7#b7 ,amount ,the amount of funds made available under paragraph 7#a7 shall in no case equal less than #aj percent nor more than #cj percent of the amounts made available by subsection 7a74 4 7d7 ,assistance to certain farmers or ranchers for conservation access ,section #abda7;h7 of the ,food ,security ,act of #aihe 7as redesignated by subsection 7b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking #bjab and inserting #bjah2 and 7,b7 in subparagraph 7,a71 by striking #e and inserting #aj2 7#b7 in paragraph 7#b71 by inserting 7but not earlier than #abj days after the date that funding for the fiscal year is allocated to the ,states7 after the ,secretary2 7#c7 in paragraph 7#c71 by inserting 7but not earlier than #abj days after the date that funding for the fiscal year is allocated to the ,states7 after the ,secretary2 and 7#d7 by adding at the end the following new paragraphs3 7#d7 ,participation by beginning and socially disadvantaged farmers and ranchers ,nothing in this subsection prohibits beginning or socially disadvantaged farmers or ranchers from participating in programs and receiving funding available under this title that is not reserved under paragraph 7#a74 7#e7 ,technical assistance ,of the funds reserved under paragraph 7#a71 the ,secretary shall allocate to the ,natural ,resources ,conservation ,service funding for technical assistance at a rate that is not more than #aj percent higher than the rate that would otherwise apply under the environmental quality incentives program and the conservation stewardship program to allow the ,service to provide additional technical assistance to beginning farmers or ranchers and socially disadvantaged farmers or ranchers to establish comprehensive conservation plans4 4 #agjb4 ,conservation loan and loan guarantee program ,subtitle ,e of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda et seq47 is amended by adding at the end the following new section3 #abdf4 ,conservation loan and loan guarantee program 7a7 ,in general ,the ,secretary may make or guarantee qualified conservation loans to eligible borrowers under this section4 7b7 ,definitions ,in this section3 7#a7 ,qualified conservation loan ,the term qualified conservation loan means a loan1 the proceeds of which are used to cover the costs to the borrower of carrying out a qualified conservation project4 7#b7 ,qualified conservation project ,the term qualified conservation project means conservation measures that address provisions of a comprehensive conservation plan of the eligible borrower4 7#c7 ,conservation loan plan ,the term conservation loan plan means a plan1 approved by the ,secretary1 that1 for a farming or ranching operation1 identifies-- 7,a7 the conservation activities that will be addressed with loan funds provided under this section1 including-- 7i7 the installation of conservation structures to address soil1 water1 and related resources2 7ii7 the establishment of forest cover for sustained yield timber management1 erosion control1 or shelterbelt purposes2 7iii7 the installation of water conservation measures2 7iv7 the installation of waste management systems2 7v7 the establishment or improvement of permanent pasture2 or 7vi7 other purposes consistent with the plan1 including the adoption of any other emerging or existing conservation practices1 techniques1 or technologies approved by the ,secretary2 and 7,b7 how and to what extent the conservation project will support the implementation of a comprehensive conservation plan and improve the conditions of identified priority resource concerns4 7c7 ,eligible borrowers 7#a7 ,in general ,the ,secretary may make or guarantee qualified conservation loans under this section to-- 7,a7 farmers or ranchers engaged primarily and directly in agricultural production in the ,united ,states2 or 7,b7 farm cooperatives1 private domestic corporations1 partnerships1 joint operations1 trusts1 or limited liability companies that are-- 7i7 controlled by farmers or ranchers2 and 7ii7 engaged primarily and directly in agricultural production in the ,united ,states4 7#b7 ,conservation loan plan ,in order to be eligible to receive a loan or loan guarantee under this section1 an entity described in paragraph 7#a7 shall have a conservation loan plan4 7d7 ,priority ,in making or guaranteeing qualified conservation loans under this section1 the ,secretary shall give priority to-- 7#a7 qualified beginning farmers or ranchers and socially disadvantaged farmers or ranchers2 7#b7 owners or tenants who use the loans to convert to sustainable or organic agricultural production systems2 7#c7 producers who use the loans to build conservation structures or establish conservation practices to implement a comprehensive conservation plan2 7#d7 projects that will do the most to address priority resource concerns1 as specified in a conservation loan plan2 and 7#e7 projects that are designed to help producers comply with1 or avoid the need for1 local1 ,state1 or ,federal regulation4 7e7 ,limitations applicable to loan guarantees ,the portion of a qualified conservation loan that the ,secretary may guarantee under this section shall be not more than #ij percent of the principal amount of the loan4 7f7 ,administrative provisions 7#a7 ,geographic distribution ,the ,secretary shall ensure1 to the maximum extent practicable1 that qualified conservation loans made or guaranteed under this section are distributed across diverse geographic regions1 while still prioritizing qualified conservation projects with the greatest conservation or environmental benefit4 7#b7 ,agency cooperation ,the ,secretary shall ensure proper cooperation between the ,natural ,resources ,conservation ,service1 which shall review and approve comprehensive loan plans and provide technical assistance for qualified conservation projects1 and the ,farm ,service ,agency1 which will approve and issue loans and loan guarantees under this section4 7#c7 ,interest rates ,the ,secretary shall ensure that a loan made under this section is made at or below market rate4 4 ,i ,agricultural conservation easement program #ahja4 ,agricultural conservation easement program 7a7 ,establishment ,title ,,xii of the ,food ,security ,act of #aihe is amended by adding at the end the following3 ,h ,agricultural conservation easement program #abfe4 ,establishment and purposes 7a7 ,establishment ,the ,secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land4 7b7 ,purposes ,the purposes of the program are to-- 7#a7 combine the purposes and coordinate the functions of the wetlands reserve program established under section #abcg1 the grassland reserve program established under section #abch,n1 and the farmland protection program established under section #abch;,i1 as such sections were in effect on ,september #cj1 #bjac2 7#b7 restore1 protect1 and enhance wetland on eligible land2 7#c7 protect and enhance the agricultural use1 viability1 and related conservation values of eligible land by limiting nonagricultural uses of that land2 and 7#d7 protect grazing uses and related conservation values by restoring and conserving eligible land4 #abfe;,a4 ,definitions ,in this subtitle3 7#a7 ,agricultural land easement ,the term agricultural land easement means an easement or other interest in eligible land that-- 7,a7 is conveyed for the purposes of protecting natural resources and the agricultural nature of the land1 and of promoting agricultural viability for future generations2 and 7,b7 permits the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an agency of ,state or local government or an ,indian tribe 7including a farmland protection board or land resource council established under ,state law72 or 7,b7 an organization that is-- 7i7 organized for1 and at all times since the formation of the organization has been operated principally for1 #a or more of the conservation purposes specified in clause 7i71 7ii71 7iii71 or 7iv7 of section #agj7;h77#d77;,a7 of the ,internal ,revenue ,code of #aihf2 7ii7 an organization described in section #eja7;c77#c7 of that ,code that is exempt from taxation under section #eja7;a7 of that ,code2 or 7iii7 described in-- 7,i7 paragraph 7#a7 or 7#b7 of section #eji7;a7 of that ,code2 or 7,,ii7 section #eji7;a77#c7 of that ,code and is controlled by an organization described in section #eji7;a77#b7 of that ,code4 7#c7 ,eligible land ,the term eligible land means private or tribal land that is-- 7,a7 in the case of an agricultural land easement1 agricultural land1 including land on a farm or ranch-- 7i7 that is subject to a pending offer for purchase from an eligible entity2 7ii7 that-- 7,i7 has prime1 unique1 or other productive soil2 7,,ii7 contains historical or archaeological resources2 or 7,,iii7 the protection of which will further a ,state or local policy consistent with the purposes of the program2 and 7iii7 that is-- 7,i7 cropland2 7,,ii7 rangeland2 7,,iii7 grassland or land that contains forbs1 or shrubland for which grazing is the predominant use2 7,,iv7 pastureland2 or 7,v7 nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development2 7,b7 in the case of a wetland easement1 a wetland or related area1 including-- 7i7 farmed or converted wetland1 together with the adjacent land that is functionally dependent on that land1 if the ,secretary determines it-- 7,i7 is likely to be successfully restored in a cost effective manner2 and 7,,ii7 will maximize the wildlife benefits and wetland functions and values as determined by the ,secretary in consultation with the ,secretary of the ,interior at the local level2 7ii7 cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole1 as determined by the ,secretary1 together 7where practicable7 with the adjacent land that is functionally dependent on the cropland or grassland2 7iii7 farmed wetland and adjoining land that-- 7,i7 is enrolled in the conservation reserve program2 7,,ii7 has the highest wetland functions and values2 and 7,,iii7 is likely to return to production after the land leaves the conservation reserve program2 7iv7 riparian areas that link wetland that is protected by easements or some other device that achieves the same purpose as an easement2 or 7v7 other wetland of an owner that would not otherwise be eligible1 if the ,secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement2 or 7,c7 in the case of both an agricultural land easement or wetland easement1 other land that is incidental to eligible land if the ,secretary determines that it is necessary for the efficient administration of the easements under this program4 7#d7 ,program ,the term program means the agricultural conservation easement program established by this subtitle4 7#e7 ,wetland easement ,the term wetland easement means a reserved interest in eligible land that-- 7,a7 is defined and delineated in a deed2 and 7,b7 stipulates-- 7i7 the rights1 title1 and interests in land conveyed to the ,secretary2 and 7ii7 the rights1 title1 and interests in land that are reserved to the landowner4 #abfe;,b4 ,agricultural land easements 7a7 ,availability of assistance ,the ,secretary shall facilitate and provide funding for-- 7#a7 the purchase by eligible entities of agricultural land easements and other interests in eligible land2 and 7#b7 technical assistance to provide for the conservation of natural resources pursuant to an agricultural land easement plan4 7b7 ,cost-,share assistance 7#a7 ,in general ,the ,secretary shall provide cost-share assistance to eligible entities for purchasing agricultural land easements to protect the agricultural use1 including grazing1 and related conservation values of eligible land4 7#b7 ,scope of assistance available 7,a7 ,federal share ,subject to subparagraph 7,c71 an agreement described in paragraph 7#d7 shall provide for a ,federal share determined by the ,secretary of an amount not to exceed #ej percent of the fair market value of the agricultural land easement or other interest in land1 as determined by the ,secretary using-- 7i7 the ,uniform ,standards of ,professional ,appraisal ,practice2 7ii7 an area-wide market analysis or survey2 or 7iii7 another industry-approved method4 7,b7 ,non-federal share 7i7 ,in general ,subject to subparagraph 7,c71 under the agreement1 the eligible entity shall provide a share that is at least equivalent to that provided by the ,secretary4 7ii7 ,source of contribution ,an eligible entity may include as part of its share a charitable donation or qualified conservation contribution 7as defined by section #agj7;h7 of the ,internal ,revenue ,code of #aihf7 from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least #ej percent of the amount contributed by the ,secretary4 7,c7 ,waiver authority ,in the case of grassland of special environmental significance1 as determined by the ,secretary1 the ,secretary may provide up to #ge percent of the fair market value of the agricultural land easement4 7#c7 ,evaluation and ranking of applications 7,a7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria to maximize the benefit of ,federal investment under the program4 7,b7 ,considerations ,in establishing the criteria1 the ,secretary shall emphasize support for-- 7i7 protecting agricultural uses and enhancing related conservation values of the land2 and 7ii7 maximizing the protection of areas devoted to agricultural use and the conservation values that can be derived from the land4 7,c7 ,priority ,if the ,secretary determines that the environmental values of two or more applications for cost-share assistance are comparable1 the ,secretary shall assign a higher priority to a program application which will achieve the environment and conservation values using practices and systems the assessed cost of which is lower4 7#d7 ,agreements with eligible entities 7,a7 ,in general ,the ,secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section4 7,b7 ,length of agreements ,an agreement shall be for a term that is-- 7i7 in the case of an eligible entity certified under the process described in paragraph 7#e71 a minimum of #e years2 and 7ii7 for all other eligible entities1 at least #c1 but not more than #e years4 7,c7 ,minimum terms and conditions ,an eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the ,secretary determines such terms and conditions-- 7i7 are consistent with the purposes of the program2 7ii7 are permanent or for the maximum duration allowed under applicable ,state law2 7iii7 permit effective enforcement of the conservation purposes of such easements1 including appropriate restrictions depending on the purposes for which the easement is acquired2 7iv7 include a right of enforcement for the ,secretary that may be used if the terms of the easement are not enforced by the holder of the easement2 7v7 subject the land in which such an interest is purchased to an agricultural land easement plan that-- 7,i7 describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired2 7,,ii7 requires the management of grassland according to a grassland management plan2 and 7,,iii7 includes a comprehensive conservation plan1 and requires1 at the option of the ,secretary1 the conversion of highly erodible cropland to less intensive uses2 and 7vi7 include a limit on the impervious surfaces to be allowed that is consistent with the purposes of the program under section #abfe7;b74 7,d7 ,substitution of qualified projects ,an agreement shall allow1 upon mutual agreement of the parties1 substitution of qualified projects that are identified at the time of the proposed substitution4 7,e7 ,effect of violation ,if a violation occurs of a term or condition of an agreement under this subsection-- 7i7 the ,secretary may terminate the agreement2 and 7ii7 the ,secretary may require the eligible entity to refund all or part of any payments received by the entity under the program1 with interest on the payments as determined appropriate by the ,secretary4 7#e7 ,certification of eligible entities 7,a7 ,certification process ,the ,secretary shall establish a process under which the ,secretary may-- 7i7 directly certify eligible entities that meet established criteria2 7ii7 enter into long-term agreements with certified eligible entities2 and 7iii7 accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements4 7,b7 ,certification criteria ,in order to be certified1 an eligible entity shall demonstrate to the ,secretary that the entity will maintain1 at a minimum1 for the duration of the agreement-- 7i7 a plan for administering easements that is consistent with the purpose of this subtitle2 7ii7 the capacity and resources to monitor and enforce agricultural land easements2 and 7iii7 policies and procedures to ensure-- 7,i7 the long-term integrity of agricultural land easements on eligible land2 7,,ii7 timely completion of acquisitions of easements2 and 7,,iii7 timely and complete evaluation and reporting to the ,secretary on the use of funds provided under the program4 7,c7 ,review and revision 7i7 ,review ,the ,secretary shall conduct a review of eligible entities certified under subparagraph 7,a7 every #c years to ensure that such entities are meeting the criteria established under subparagraph 7,b74 7ii7 ,revocation ,if the ,secretary finds that the certified eligible entity no longer meets the criteria established under subparagraph 7,b71 the ,secretary may-- 7,i7 allow the certified eligible entity a specified period of time1 at a minimum #ahj days1 in which to take such actions as may be necessary to meet the criteria2 and 7,,ii7 revoke the certification of the eligible entity1 if1 after the specified period of time1 the certified entity does not meet such criteria4 7c7 ,technical assistance ,the ,secretary may provide technical assistance1 if requested1 to assist in-- 7#a7 compliance with the terms and conditions of easements2 and 7#b7 implementation of an agricultural land easement plan4 #abfe;,c4 ,wetland easements 7a7 ,availability of assistance ,the ,secretary shall provide assistance to owners of eligible land to restore1 protect1 and enhance wetland through-- 7#a7 easements and related wetland easement plans2 and 7#b7 technical assistance4 7b7 ,easements 7#a7 ,method of enrollment ,the ,secretary shall enroll eligible land through the use of-- 7,a7 #cj-year easements2 7,b7 permanent easements2 7,c7 easements for the maximum duration allowed under applicable ,state laws2 or 7,d7 as an option for ,indian tribes only1 #cj-year contracts 7which shall be considered to be #cj-year contracts for the purposes of this subtitle74 7#b7 ,limitations 7,a7 ,ineligible land ,the ,secretary may not acquire wetland easements on-- 7i7 land established to trees under the conservation reserve program1 except in cases where the ,secretary determines it would further the purposes of the program2 and 7ii7 farmed wetland or converted wetland where the conversion was not commenced prior to ,december #bc1 #aihe4 7,b7 ,changes in ownership ,no wetland easement shall be created on land that has changed ownership during the preceding #bd-month period unless-- 7i7 the new ownership was acquired by will or succession as a result of the death of the previous owner2 7ii7 7,i7 the ownership change occurred because of foreclosure on the land2 and 7,,ii7 immediately before the foreclosure1 the owner of the land exercises a right of redemption from the mortgage holder in accordance with ,state law2 or 7iii7 the ,secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program4 7#c7 ,evaluation and ranking of offers 7,a7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria to maximize the benefit of ,federal investment under the program4 7,b7 ,considerations ,when evaluating offers from landowners1 the ,secretary may consider-- 7i7 the conservation benefits of obtaining a wetland easement1 including the potential environmental benefits if the land was removed from agricultural production2 7ii7 the cost-effectiveness of each wetland easement1 so as to maximize the environmental benefits per dollar expended2 7iii7 whether the landowner or another person is offering to contribute financially to the cost of the wetland easement to leverage ,federal funds2 and 7iv7 such other factors as the ,secretary determines are necessary to carry out the purposes of the program4 7,c7 ,priority ,the ,secretary shall place priority on acquiring wetland easements based on the value of the wetland easement for protecting and enhancing habitat for migratory birds and other wildlife4 7#d7 ,agreement ,to be eligible to place eligible land into the program through a wetland easement1 the owner of such land shall enter into an agreement with the ,secretary to-- 7,a7 grant an easement on such land to the ,secretary2 7,b7 authorize the implementation of a wetland easement plan2 7,c7 create and record an appropriate deed restriction in accordance with applicable ,state law to reflect the easement agreed to2 7,d7 provide a written statement of consent to such easement signed by those holding a security interest in the land2 7,e7 comply with the terms and conditions of the easement and any related agreements2 and 7,f7 permanently retire any existing cropland base and allotment history for the land on which the easement has been obtained4 7#e7 ,terms and conditions of easement 7,a7 ,in general ,a wetland easement shall include terms and conditions that-- 7i7 permit-- 7,i7 repairs1 improvements1 and inspections on the land that are necessary to maintain existing public drainage systems2 and 7,,ii7 owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring2 7ii7 prohibit-- 7,i7 the alteration of wildlife habitat and other natural features of such land1 unless specifically authorized by the ,secretary2 7,,ii7 the spraying of such land with chemicals or the mowing of such land1 except where such spraying or mowing is authorized by the ,secretary or is necessary-- 7aa7 to comply with ,federal or ,state noxious weed control laws2 7bb7 to comply with a ,federal or ,state emergency pest treatment program2 or 7cc7 to meet habitat needs of specific wildlife species2 7,,iii7 any activities to be carried out on the owner's or successor's land that is immediately adjacent to1 and functionally related to1 the land that is subject to the easement if such activities will alter1 degrade1 or otherwise diminish the functional value of the eligible land2 and 7,,iv7 the adoption of any other practice that would tend to defeat the purposes of the program1 as determined by the ,secretary2 7iii7 provide for the efficient and effective establishment of wetland functions and values2 and 7iv7 include such additional provisions as the ,secretary determines are desirable to carry out the program or facilitate the practical administration thereof4 7,b7 ,violation ,on the violation of the terms or conditions of the wetland easement1 the wetland easement shall remain in force and the ,secretary may require the owner to refund all or part of any payments received by the owner under the program1 together with interest thereon as determined appropriate by the ,secretary4 7,c7 ,compatible uses ,land subject to a wetland easement may be used for compatible economic uses1 including such activities as hunting and fishing1 managed timber harvest1 or periodic haying or grazing1 if such use is specifically permitted by the wetland easement plan and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established4 7,d7 ,reservation of grazing rights ,the ,secretary may include in the terms and conditions of a wetland easement a provision under which the owner reserves grazing rights if-- 7i7 the ,secretary determines that the reservation and use of the grazing rights-- 7,i7 is compatible with the land subject to the easement2 7,,ii7 is consistent with the historical natural uses of the land and long-term protection and enhancement goals for which the easement was established2 and 7,,iii7 complies with the wetland easement plan2 and 7ii7 the agreement provides for a commensurate reduction in the easement payment to account for the grazing value1 as determined by the ,secretary4 7#f7 ,compensation 7,a7 ,determination 7i7 ,in general ,the ,secretary shall pay as compensation for a permanent wetland easement acquired under the program an amount necessary to encourage enrollment in the program based on the lowest of-- 7,i7 the fair market value of the land1 as determined by the ,secretary1 using the ,uniform ,standards of ,professional ,appraisal ,practice or an area-wide market analysis or survey2 7,,ii7 the amount corresponding to a geographical cap1 as determined by the ,secretary in regulations2 or 7,,iii7 the offer made by the landowner4 7ii7 ,other ,compensation for a #cj-year wetland easement shall be not less than #ej percent1 but not more than #ge percent1 of the compensation that would be paid for a permanent wetland easement4 7,b7 ,form of payment ,compensation shall be provided by the ,secretary in the form of a cash payment1 in an amount determined under subparagraph 7,a74 7,c7 ,payment schedule 7i7 ,easements valued at less than #ejj1jjj ,for wetland easements valued at #ejj1jjj or less1 the ,secretary may provide easement payments in not more than #aj annual payments4 7ii7 ,easements valued at more than #ejj1jjj ,for wetland easements valued at more than #ejj1jjj1 the ,secretary may provide easement payments in at least #e1 but not more than #aj annual payments1 except that1 if the ,secretary determines it would further the purposes of the program1 the ,secretary may make a lump sum payment for such an easement4 7c7 ,easement restoration 7#a7 ,in general ,the ,secretary shall provide financial assistance to carry out the establishment of conservation measures and practices and protect wetland functions and values1 including necessary maintenance activities1 as set forth in a wetland easement plan4 7#b7 ,payments ,the ,secretary shall-- 7,a7 in the case of a permanent wetland easement1 pay an amount that is not less than #ge percent1 but not more than #ajj percent1 of the eligible costs as determined by the ,secretary2 and 7,b7 in the case of a #cj-year wetland easement1 pay an amount that is not less than #ej percent1 but not more than #ge percent1 of the eligible costs1 as determined by the ,secretary4 7d7 ,technical assistance 7#a7 ,in general ,the ,secretary shall assist owners in complying with the terms and conditions of easements4 7#b7 ,contracts or agreements ,the ,secretary may enter into #a or more contracts with private entities or agreements with a ,state1 non-governmental organization1 or ,indian tribe to carry out necessary restoration1 enhancement1 or maintenance of a wetland easement if the ,secretary determines that the contract or agreement will advance the purposes of the program4 7#c7 ,funding ,not less than #aj percent of the funds made available to carry out this section shall be available to provide technical assistance under this subsection4 7e7 ,wetland enhancement option ,the ,secretary may enter into #a or more agreements with a ,state 7including a political subdivision or agency of a ,state71 nongovernmental organization1 or ,indian tribe to carry out a special wetland enhancement option that the ,secretary determines would advance the purposes of the program4 7f7 ,administration 7#a7 ,wetland easement plan ,the ,secretary shall develop a wetland easement plan for eligible land subject to a wetland easement1 which will include the practices and activities necessary to restore1 protect1 enhance1 and maintain the enrolled land4 7#b7 ,delegation of easement administration 7,a7 ,in general ,the ,secretary may delegate any of the easement management1 monitoring1 and enforcement responsibilities of the ,secretary to other ,federal or ,state agencies that have the appropriate authority1 expertise and resources necessary to carry out such delegated responsibilities or to other conservation organizations if the ,secretary determines the organization has similar expertise and resources4 7,b7 ,limitation ,the ,secretary shall not delegate any of the monitoring or enforcement responsibilities under the program to conservation organizations4 7#c7 ,payments 7,a7 ,timing of payments ,the ,secretary shall provide payment for obligations incurred by the ,secretary under this section-- 7i7 with respect to any easement restoration obligation as soon as possible after the obligation is incurred2 and 7ii7 with respect to any annual easement payment obligation incurred by the ,secretary as soon as possible after ,october #a of each calendar year4 7,b7 ,payments to others ,if an owner who is entitled to a payment dies1 becomes incompetent1 is otherwise unable to receive such payment1 or is succeeded by another person or entity who renders or completes the required performance1 the ,secretary shall make such payment1 in accordance with regulations prescribed by the ,secretary and without regard to any other provision of law1 in such manner as the ,secretary determines is fair and reasonable in light of all of the circumstances4 7g7 ,wetlands reserve enhancement program 7#a7 ,program authorized ,the ,secretary may enter into #a or more agreements with a ,state 7including a political subdivision or agency of a ,state71 nongovernmental organization1 or ,indian tribe to carry out a special wetlands reserve enhancement program that the ,secretary determines would advance the purposes of this section4 7#b7 ,reserved rights pilot program 7,a7 ,reservation of grazing and haying rights ,as part of the wetlands reserve enhancement program1 the ,secretary shall carry out a pilot program for land in which a landowner may reserve grazing and haying rights in the warranty easement deed restriction if the ,secretary determines that the reservation and use of the grazing rights-- 7i7 is compatible with the land subject to the easement2 7ii7 is consistent with the long-term wetland protection and enhancement goals for which the easement was established2 and 7iii7 complies with a comprehensive conservation plan4 7,b7 ,duration ,the pilot program established under this paragraph shall terminate on ,september #cj1 #bjaf4 #abfe;,d4 ,administration 7a7 ,ineligible land ,the ,secretary may not acquire an easement under the program on-- 7#a7 land owned by an agency of the ,united ,states1 other than land held in trust for ,indian tribes2 7#b7 land owned in fee title by a ,state1 including an agency or a subdivision of a ,state1 or a unit of local government2 7#c7 land subject to an easement or deed restriction which1 as determined by the ,secretary1 provides similar protection as would be provided by enrollment in the program2 and 7#d7 land where the purposes of the program would be undermined due to on-site or off-site conditions1 such as risk of hazardous substances1 proposed or existing rights of way1 infrastructure development1 or adjacent land uses4 7b7 ,priority ,in evaluating applications under the program1 the ,secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within #a year and-- 7#a7 in the case of an agricultural land easement1 is grassland that would benefit from protection under a long-term easement2 and 7#b7 in the case of a wetland easement1 is a wetland or related area with the highest functions and values and is likely to return to production after the land leaves the conservation reserve program4 7c7 ,subordination1 exchange1 modification1 and termination 7#a7 ,in general ,the ,secretary may subordinate1 exchange1 terminate1 or modify any interest in land1 or portion of such interest1 administered by the ,secretary1 either directly or on behalf of the ,commodity ,credit ,corporation under the program when the ,secretary determines that-- 7,a7 it is in the ,federal ,government's interest to subordinate1 exchange1 modify or terminate the interest in land2 7,b7 the subordination1 exchange1 modification1 or termination action-- 7i7 will address a compelling public need for which there is no practicable alternative1 or 7ii7 such action will further the practical administration of the program2 and 7,c7 the subordination1 exchange1 modification1 or termination action will result in comparable conservation value and equivalent or greater economic value to the ,united ,states4 7#b7 ,consultation ,the ,secretary shall work with the owner1 and eligible entity if applicable1 to address any subordination1 exchange1 termination1 or modification of the interest1 or portion of such interest in land4 7#c7 ,notice ,at least #ij days before taking any termination action described in paragraph 7#a71 the ,secretary shall provide written notice of such action to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 7d7 ,land enrolled in other programs 7#a7 ,conservation reserve program ,the ,secretary may terminate or modify a contract entered into under section #abca7;a7 if eligible land that is subject to such contract is transferred into the program4 7#b7 ,other ,land enrolled in the wetlands reserve program1 grassland reserve program1 or farmland protection program1 as such programs were in effect on ,september #cj1 #bjac1 shall be considered enrolled in this program4 7e7 ,allocation of funds for agricultural land easements ,of the funds made available under section #abda to carry out the program for a fiscal year1 the ,secretary shall1 to the extent practicable1 use no less than #dj percent for agricultural land easements4 4 7b7 ,compliance with certain requirements ,before an eligible entity or owner of eligible land may receive assistance under subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe1 the eligible entity or person shall agree1 during the crop year for which the assistance is provided and in exchange for the assistance-- 7#a7 to comply with applicable conservation requirements under subtitle ,b of title ,,xii of that ,act 7#af ,u4,s4,c4 #chaa et seq472 and 7#b7 to comply with applicable wetland protection requirements under subtitle ,c of title ,,xii of that ,act 7#af ,u4,s4,c4 #chba et seq474 7c7 ,cross reference ,section #abdd of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdd7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting and at the end of subparagraph 7,a72 7ii7 by striking and at the end of subparagraph 7,b72 and 7iii7 by striking subparagraph 7,c72 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 the agricultural conservation easement program established under subtitle ,h2 and 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking programs administered under subchapters ,b and ,c of chapter #a of subtitle ,d and inserting conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d and the agricultural conservation easement program under subtitle ,h using wetland easements under section #abfe;,c2 and 7ii7 in subparagraph 7,b71 by striking subchapter ,c of chapter #a of subtitle ,d and inserting the agricultural conservation easement program under subtitle ,h using wetland easements under section #abfe;,c2 and 7,b7 in paragraph 7#d71 by striking subchapter ,c and inserting subchapter ,b4 ,j ,regional conservation partnership program #aija4 ,regional conservation partnership program ,title ,,xii of the ,food ,security ,act of #aihe is amended by inserting after subtitle ,h 7as added by section #ahja7 the following3 ,i ,regional conservation partnership program #abga4 ,establishment and purposes 7a7 ,establishment ,the ,secretary shall establish a regional conservation partnership program to implement eligible activities through-- 7#a7 partnership agreements with eligible partners2 and 7#b7 contracts with producers enrolled in a covered program4 7b7 ,purposes ,the purposes of the program are-- 7#a7 to combine the purposes and coordinate the functions of the agricultural water enhancement program established under section #abdj;,i1 the ,chesapeake ,bay watershed program established under section #abdj,q1 the cooperative conservation partnership initiative established under section #abdc1 and the ,great ,lakes basin program for soil erosion and sediment control established under section #abdj,p1 as such sections were in effect on ,september #cj1 #bjac2 7#b7 to enhance priority resource concerns on agricultural and nonindustrial private forest lands1 including ground and surface water associated with such lands2 7#c7 to encourage cooperation among partners and producers to-- 7,a7 address priority resource concerns involving agricultural and nonindustrial private forest lands on a local1 ,state1 multi-state1 or regional level2 7,b7 encourage producers to cooperate in achieving the goals of applicable ,federal1 ,state1 and local natural resource and environmental laws1 thereby avoiding the need for additional regulatory measures to be applied to owners and operators of agricultural and nonindustrial private forest land2 7,c7 encourage producers to cooperate in the installation and maintenance of conservation activities1 practices1 systems1 and management measures that affect multiple agricultural or nonindustrial private forest operations for the purpose of achieving landscape-level improvement of priority resource concerns2 7,d7 promote the development and demonstration of innovative conservation activities1 practices1 systems1 and management measures to deliver technical1 financial1 and educational assistance2 and 7,e7 promote ground and surface water conservation and improve water quality through efforts on agricultural land1 including-- 7i7 water quality or water conservation planning1 including resource condition assessment and modeling2 7ii7 performance measurement and management to reduce nutrient loss2 7iii7 water quality or water conservation restoration or enhancement projects2 7iv7 in the case of nutrient-impacted watersheds1 prioritization of nutrient loss reduction as a conservation goal2 7v7 activities designed to mitigate the effects of damaging drought or precipitation2 or 7vi7 related activities that the ,secretary determines will help achieve water quality or water conservation benefits on agricultural land2 7#d7 to encourage producers to cooperate in the installation and maintenance of conservation activities1 practices1 systems1 and management measures that provide climate change benefits1 including increasing resilience to rising temperatures1 extreme weather events1 and related climate changes while reducing greenhouse gas emissions2 7#e7 to improve the capacity of regional1 state or local partners to deliver assistance to producers that is effective in addressing priority resource concerns2 and 7#f7 to implement the partnership in such a way that encourages producers to achieve assessed conservation outcomes and allows them to receive payments and technical assistance linked to levels of those outcomes4 #abga;,a4 ,definitions ,in this subtitle3 7#a7 ,covered programs ,the term covered programs means all conservation programs under subtitle ,d4 7#b7 ,eligible activity ,the term eligible activity means any of the following conservation activities when delivered through a covered program3 7,a7 ,water quality restoration or enhancement projects1 including nutrient management and sediment reduction4 7,b7 ,water quantity conservation1 restoration1 or enhancement projects relating to surface water and groundwater resources1 including-- 7i7 the conversion of irrigated cropland to the production of less water-intensive agricultural commodities or dryland farming2 and 7ii7 irrigation system improvement and irrigation efficiency enhancement4 7,c7 ,drought mitigation4 7,d7 ,flood prevention4 7,e7 ,water retention4 7,f7 ,habitat conservation1 restoration1 and enhancement4 7,g7 ,erosion control4 7,h7 ,other related activities that the ,secretary determines will help achieve conservation benefits4 7#c7 ,eligible partner ,the term eligible partner means any of the following3 7,a7 ,an agricultural or silvicultural producer association or other group of producers4 7,b7 ,a ,state or unit of local government4 7,c7 ,an ,indian tribe4 7,d7 ,a farmer cooperative4 7,e7 ,an institution of higher education4 7,f7 ,a nongovernmental organization with an established history of working cooperatively with producers to effectively address priority resource concerns related to agricultural production and nonindustrial private forest land or with demonstrated technical capabilities that would substantially increase the success of the program4 7#d7 ,partnership agreement ,the term partnership agreement means an agreement between the ,secretary and an eligible partner4 7#e7 ,program ,the term program means the regional conservation partnership program established by this subtitle4 #abga;,b4 ,regional conservation partnerships 7a7 ,partnership agreements authorized ,the ,secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity4 7b7 ,length ,a partnership agreement shall be for a period not to exceed #e years1 except that the ,secretary may extend the agreement #a time for up to #ab months when an extension is necessary to meet the objectives of the program4 7c7 ,duties of partners 7#a7 ,in general ,under a partnership agreement1 the eligible partner shall-- 7,a7 define the scope of a project1 including-- 7i7 the eligible activities to be implemented2 7ii7 the potential agricultural or nonindustrial private forest operations affected2 7iii7 the local1 ,state1 multi-,state1 or other geographic area covered2 and 7iv7 the planning1 outreach1 implementation1 and assessment to be conducted2 7,b7 conduct outreach and education to producers for potential participation in the project2 7,c7 at the request of a producer1 act on behalf of a producer participating in the project in applying for assistance under section #abga;,c2 7,d7 leverage financial or technical assistance provided by the ,secretary with additional funds to help achieve the project objectives2 7,e7 if proposed by the partner and approved by the ,secretary1 provide technical assistance to producers participating in the project2 7,f7 conduct an assessment of the project's effects2 and 7,g7 at the conclusion of the project1 report to the ,secretary on its results and funds leveraged4 7#b7 ,contribution ,a partner shall provide a significant portion of the overall costs of the scope of the project1 as determined by the ,secretary4 7d7 ,applications 7#a7 ,competitive process ,the ,secretary shall conduct a competitive process to select applications for partnership agreements and may assess and rank applications with similar conservation purposes as a group4 7#b7 ,criteria used ,in carrying out the process described in paragraph 7#a71 the ,secretary shall make public the criteria used in evaluating applications4 7#c7 ,content ,an application to the ,secretary shall include a description of-- 7,a7 the scope of the project1 as described in subsection 7c77#a77;,a72 7,b7 the plan for monitoring1 evaluating1 and reporting on progress made towards achieving the project's objectives2 7,c7 the program resources requested for the project1 including the covered programs to be used and estimated funding needed from the ,secretary2 7,d7 the resources requested under section #abga;,c7c77#d72 7,e7 the partners collaborating to achieve project objectives1 including their roles1 responsibilities1 capabilities1 and financial contribution2 and 7,f7 any other elements the ,secretary considers necessary to adequately evaluate and competitively select applications for funding under the program4 7#d7 ,application priority ,the ,secretary shall give a higher priority to applications that demonstrate the greatest potential to-- 7,a7 have a high percentage of producers involved and of the agricultural or nonindustrial private forest land included in the area covered by the agreement2 7,b7 assist producers in meeting the goals and objectives of ,federal environmental and natural resource laws and regulations2 7,c7 significantly leverage non-,federal financial and technical resources and coordinate with other local1 ,state1 regional1 or national efforts2 7,d7 deliver high percentages of applied conservation to address water quality1 water conservation1 or other ,state1 regional1 or national priority resource concerns2 7,e7 provide innovation in conservation methods and delivery1 including outcome-based performance measures and methods2 7,f7 identify producers participating in the project1 on whose behalf the partner is applying2 7,g7 advance conservation and rural community development goals simultaneously2 7,h7 assist producers in ,states with significant water quantity concerns2 or 7,i7 meet other factors that are important for achieving the purposes of the program1 as determined by the ,secretary4 #abga;,c4 ,assistance to producers 7a7 ,in general ,the ,secretary shall enter into contracts to provide financial and technical assistance to-- 7#a7 producers participating in an eligible activity with an eligible partner2 or 7#b7 producers participating in an eligible activity in a critical conservation area designated under section #abga;,f without an eligible partner4 7b7 ,terms and conditions 7#a7 ,compliance with covered program rules 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall ensure that the terms and conditions of a contract under this section are consistent with the applicable rules of the covered programs to be used as part of the project1 as described in the application under section #abga;,b7d77#c77;,c74 7,b7 ,adjustments ,except for statutory program requirements governing appeals1 payment limitations1 and conservation compliance1 the ,secretary may adjust the discretionary program rules of a covered program-- 7i7 to provide a simplified application and evaluation process2 7ii7 to better reflect unique local circumstances and purposes if the ,secretary determines such adjustments are necessary to achieve the purposes of the proposed project2 7iii7 to better link technical and financial assistance to assessed conservation outcomes2 and 7iv7 to increase the improvement in priority resource concerns achieved by the proposed project4 7#b7 ,alternative funding arrangements 7,a7 ,in general ,for the purposes of providing assistance for a critical conservation areas designated under section #abga;,f1 the ,secretary may enter into alternative funding arrangements with a multistate water resource agency or authority if-- 7i7 the ,secretary determines that the goals and objectives of the program will be met by the alternative funding arrangements2 7ii7 the agency or authority certifies that the limitations established under this section on agreements with individual producers will not be exceeded2 and 7iii7 all participating producers meet applicable payment eligibility provisions4 7,b7 ,conditions ,as a condition on receipt of funding under subparagraph 7,a71 the multistate water resource agency or authority shall agree-- 7i7 to submit an annual independent audit to the ,secretary that describes the use of funds under this paragraph2 7ii7 to provide any data necessary for the ,secretary to issue a report on the use of funds under this paragraph2 and 7iii7 not to use any funds for administration or contracting with another entity4 7,c7 ,limitation ,the ,secretary may enter into not more than #aj alternative funding arrangements under this paragraph4 7c7 ,payments 7#a7 ,in general ,in accordance with statutory requirements of the covered programs involved1 the ,secretary may make payments to a producer in an amount determined by the ,secretary to be necessary to achieve the purposes of the program4 7#b7 ,payments to certain producers ,the ,secretary may provide payments for a period of #e years-- 7,a7 to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming2 and 7,b7 to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management4 7#c7 ,waiver authority ,to assist in the implementation of the program1 the ,secretary may waive the applicability of the limitation in section #ajja;,d7b77#b7 of this ,act for participating producers if the ,secretary determines that the waiver is necessary to fulfill the objectives of the program4 7#d7 ,payments to partners ,the ,secretary shall provide1 directly or through cooperative and contribution agreements with partners1 financial assistance to such partners to complete tasks essential to the success of the project which may include natural resource assessment and planning1 outreach to producers1 monitoring1 technical assistance1 and evaluation of project progress and other such essential tasks as determined by the ,secretary4 #abga;,d4 ,funding 7a7 ,availability of funds ,the ,secretary shall use #ajj1jjj1jjj of the funds of the ,commodity ,credit ,corporation for each of fiscal years #bjad through #bjah to carry out the program established under this subtitle4 7b7 ,duration of availability ,funds made available under subsection 7a7 shall remain available until expended4 7c7 ,additional funding and acres 7#a7 ,in general ,in addition to the funds made available under subsection 7a71 the ,secretary shall reserve at least #h percent of the funds and acres made available for a covered program for each of fiscal years #bjad through #bjah in order to ensure additional resources are available to provide technical and financial assistance to producers to carry out this program4 7#b7 ,assistance to partners ,the ,secretary shall reserve at least #aj percent of the funding provided in subsection 7a7 to provide payments to partners4 7#c7 ,unused funds and acres 7,a7 ,return ,any funds or acres reserved under paragraph 7#a7 of this section for a fiscal year from a covered program that are not obligated under this program by ,april #a of that fiscal year shall be returned for use under the covered program or redirected to support unfunded applications within the geographic areas of approved partnership agreements4 7,b7 ,reallocation ,any funds reserved under paragraph 7#b7 of this section for a fiscal year that are not obligated under this program by ,april #a of that fiscal year shall be reallocated to partners demonstrating the highest level of performance in achieving the objectives of the program4 7d7 ,allocation of funding ,of the funds and acres made available for the program under subsections 7a7 and 7c71 the ,secretary shall allocate-- 7#a7 #dj percent of the funds and acres to projects based on a ,state competitive process administered by the ,state conservationist1 with the advice of the ,state technical committee2 and 7#b7 #fj percent of the funds and acres to projects based on a national competitive process to be established by the ,secretary1 of which #fj percent shall be reserved for the critical conservation areas designated under section #abga;,f4 #abga;,e4 ,administration 7a7 ,disclosure ,the ,secretary shall make publicly available information on projects selected through the competitive process described in section #abga;,b7d77#a74 7b7 ,reporting ,not later than ,december #ca1 #bjac1 and every #b years thereafter1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on the status of projects funded under the program1 including-- 7#a7 the number and types of partners and producers participating in the partnership agreements selected2 7#b7 the number of producers receiving assistance2 7#c7 total funding committed to projects1 including ,federal and non-,federal resources2 and 7#d7 a description of how funds are being administered under section #abga;,b1 including-- 7,a7 any oversight mechanisms that the ,secretary has implemented2 7,b7 the process through which the ,secretary is resolving appeals by program participants2 and 7,c7 the means by which the ,secretary is tracking adherence to any applicable provisions for payment eligibility4 7c7 ,evaluation ,partners shall provide to the ,secretary-- 7#a7 annual performance reports2 7#b7 at the end of each multi-year project1 a performance report that describes-- 7,a7 the progress that has been made towards attainment of conservation objectives and landscape-scale conservation outcomes2 7,b7 the methods that have been used to measure progress being made toward attainment of conservation objectives and landscape-scale conservation outcomes2 7,c7 the number of producers who participated2 and 7,d7 the conservation practices adopted and the frequency of adoption4 #abga;,f4 ,critical conservation areas 7a7 ,in general ,when administering the funding reserved for critical conservation areas under section #abga;,d7d77#b71 the ,secretary shall select applications for partnership agreements and producer contracts within critical conservation areas designated under this section4 7b7 ,critical conservation area designations 7#a7 ,in general ,the ,secretary shall designate up to #f geographical areas as critical conservation areas based on the degree to which an area-- 7,a7 includes multiple ,states with significant agricultural production2 7,b7 is covered by an existing regional1 ,state1 binational1 or multistate agreement or plan that has established objectives1 goals1 and work plans and is adopted by a ,federal1 ,state1 or regional authority2 7,c7 has water quality concerns1 including concerns for reducing erosion1 promoting sediment control1 and addressing nutrient management activities affecting large bodies of water of regional1 national1 or international significance2 7,d7 has water quantity concerns1 including-- 7i7 concerns for groundwater1 surface water1 aquifer1 or other water sources2 or 7ii7 a need to promote water retention and flood prevention2 7,e7 is subject to regulatory requirements that could reduce the economic scope of agricultural operations within the area2 or 7,f7 is recognized as vital habitat for migrating wildlife4 7#b7 ,expiration ,critical conservation area designations under this section shall expire after #e years1 subject to redesignation1 except that the ,secretary may withdraw designation from an area if the ,secretary finds the area no longer meets the conditions described in paragraph 7#a74 7c7 ,administration 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall administer any partnership agreement or producer contract under this section in a manner that is consistent with the terms of the program4 7#b7 ,relationship to existing activity ,the ,secretary shall1 to the maximum extent practicable1 ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other ,federal and ,state programs and water quality and quantity strategies4 4 ,,ii ,crop insurance and disaster assistance #bjja4 ,ineligibility for ,federal crop insurance1 noninsured crop disaster assistance1 and certain payments because of crop production on native sod 7a7 ,federal crop insurance ,act amendment ,section #ejh7o7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7o77 is amended-- 7#a7 in paragraph 7#a77;,b71 by inserting 1 or the producer cannot substantiate that the ground has ever been tilled1 after tilled2 7#b7 in paragraph 7#b77;,a71 by striking for benefits under-- and all that follows through the period at the end and inserting for-- 7i7 a portion of crop insurance premium subsidies under this subtitle in accordance with paragraph 7#c72 7ii7 benefits under section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc72 and 7iii7 payments described in subsection 7b7 of section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh74 2 and 7#c7 by striking paragraph 7#c7 and inserting the following new paragraphs3 7#c7 ,administration 7,a7 ,in general ,during the first #d crop years of planting on native sod acreage by a producer described in paragraph 7#b7-- 7i7 paragraph 7#b7 shall apply to #fe percent of the transitional yield of the producer2 and 7ii7 the crop insurance premium subsidy provided for the producer under this subtitle shall be #ej percentage points less than the premium subsidy that would otherwise apply4 7,b7 ,yield substitution ,during the period native sod acreage is covered by this subsection1 a producer may not substitute yields for the native sod acreage4 4 7b7 ,noninsured crop disaster assistance amendment ,section #aif7;a77#d7 of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc7;a77#d77 is amended-- 7#a7 in subparagraph 7,a77ii71 by inserting 1 or the producer cannot substantiate that the ground has ever been tilled1 after tilled2 7#b7 in subparagraph 7,b7-- 7,a7 in the subparagraph heading1 by striking ,ineligibility and inserting ,reduction in2 and 7,b7 in clause 7i71 by striking for benefits under-- and all that follows through the period at the end and inserting for-- 7,i7 benefits under this section2 7,,ii7 a portion of crop insurance premium subsidies under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 in accordance with subparagraph 7,c72 and 7,,iii7 payments described in subsection 7b7 of section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh74 2 and 7#c7 by striking subparagraph 7,c7 and inserting the following new subparagraphs3 7,c7 ,administration 7i7 ,in general ,during the first #d crop years of planting on native sod acreage by a producer described in subparagraph 7,b7-- 7,i7 subparagraph 7,b7 shall apply to #fe percent of the transitional yield of the producer2 and 7,,ii7 the crop insurance premium subsidy provided for the producer under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 shall be #ej percentage points less than the premium subsidy that would otherwise apply4 7ii7 ,yield substitution ,during the period native sod acreage is covered by this paragraph1 a producer may not substitute yields for the native sod acreage4 4 ,,iii ,repeals and transitional provisions2 technical and conforming amendments2 effective date #cjja4 ,repeals and transitional provisions 7a7 ,emergency forestry conservation reserve program 7#a7 ,repeal ,section #abca;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;a7 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts ,the amendment made by this subsection shall not affect the validity or terms of any contract entered into by the ,secretary of ,agriculture under section #abca;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;a7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 7,b7 ,funding ,the ,secretary may use funds made available to carry out the agricultural conservation easement program under subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #ahja of this ,act1 to continue to carry out contracts referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts as in existence on ,september #cj1 #bjac4 7b7 ,wetlands reserve program 7#a7 ,repeal ,subchapter ,c of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcg et seq47 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts and easements ,the amendment made by this subsection shall not affect the validity or terms of any contract or easement entered into by the ,secretary of ,agriculture under subchapter ,c of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcg et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract or easement4 7,b7 ,funding 7i7 ,use of prior year funds ,notwithstanding the repeal of subchapter ,c of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcg et seq471 any funds made available from the ,commodity ,credit ,corporation to carry out the wetlands reserve program under that subchapter for fiscal years #bjji through #bjac shall be made available to carry out contracts or easements referred to in subparagraph 7,a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance71 provided that no such contract or easement is modified so as to increase the amount of the payment received4 7ii7 ,other ,the ,secretary may use funds made available to carry out the agricultural conservation easement program under subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #ahja of this ,act1 to continue to carry out contracts and easements referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts and easements as in existence on ,september #cj1 #bjac4 7c7 ,farmland protection program and farm viability program 7#a7 ,repeal ,subchapter ,c of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;h et seq47 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing agreements and easements ,the amendment made by this subsection shall not affect the validity or terms of any agreement or easement entered into by the ,secretary of ,agriculture under subchapter ,c of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;h et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the agreement or easement4 7,b7 ,funding 7i7 ,use of prior year funds ,notwithstanding the repeal of subchapter ,c of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;h et seq471 any funds made available from the ,commodity ,credit ,corporation to carry out the farmland protection program under that subchapter for fiscal years #bjji through #bjac shall be made available to carry out agreements and easements referred to in subparagraph 7,a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7ii7 ,other ,on exhaustion of funds made available under clause 7i71 the ,secretary may use funds made available to carry out the agricultural conservation easement program under subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #ahja of this ,act1 to continue to carry out agreements and easements referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such agreements and easements as in existence on ,september #cj1 #bjac4 7d7 ,grassland reserve program 7#a7 ,repeal ,subchapter ,d of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chchn et seq47 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts1 agreements1 and easements ,the amendment made by this subsection shall not affect the validity or terms of any contract1 agreement1 or easement entered into by the ,secretary of ,agriculture under subchapter ,d of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chchn et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract1 agreement1 or easement4 7,b7 ,funding 7i7 ,use of prior year funds ,notwithstanding the repeal of subchapter ,d of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chchn et seq471 any funds made available from the ,commodity ,credit ,corporation to carry out the grassland reserve program under that subchapter for fiscal years #bjji through #bjac shall be made available to carry out contracts1 agreements1 or easements referred to in subparagraph 7,a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance71 provided that no such contract1 agreement1 or easement is modified so as to increase the amount of the payment received4 7ii7 ,other ,the ,secretary may use funds made available to carry out the agricultural conservation easement program under subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #ahja of this ,act1 to continue to carry out contracts1 agreements1 and easements referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts1 agreements1 and easements as in existence on ,september #cj1 #bjac4 7e7 ,environmental easement program ,chapter #c of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci et seq47 is repealed4 7f7 ,conservation innovation grants and payments 7#a7 ,repeal ,section #abdj;,h of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#h7 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts ,the amendment made by this subsection shall not affect the validity or terms of any contract entered into by the ,secretary of ,agriculture under section #abdj;,h of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#h7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 7,b7 ,funding ,the ,secretary may use funds made available to carry out conservation innovation grants and payments under section #abdj,s of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #afja of this ,act1 to continue to carry out contracts referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts as they existed on ,september #cj1 #bjac4 7g7 ,agricultural water enhancement program 7#a7 ,repeal ,section #abdj;,i of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#i7 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts and agreements ,the amendment made by this subsection shall not affect the validity or terms of any contract or agreement entered into by the ,secretary of ,agriculture under section #abdj;,i of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#i7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract or agreement4 7,b7 ,funding 7i7 ,use of prior year funds ,notwithstanding the repeal of section #abdj;,i of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#i71 any funds made available from the ,commodity ,credit ,corporation to carry out the agricultural water enhancement program under that section for fiscal years #bjji through #bjac shall be made available to carry out contracts and agreements referred to in subparagraph 7,a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7ii7 ,other ,on exhaustion of funds made available under clause 7i71 the ,secretary may use funds made available to carry out the agricultural conservation easement program under subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #ahja of this ,act1 to continue to carry out contracts and agreements referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts and agreements as in existence on ,september #cj1 #bjac4 7h7 ,wildlife habitat incentive program 7#a7 ,repeal ,section #abdj,n of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#a7 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts ,the amendment made by this subsection shall not affect the validity or terms of any contract entered into by the ,secretary of ,agriculture under section #abdj,n of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#a7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 7,b7 ,funding 7i7 ,use of prior year funds ,notwithstanding the repeal of section #abdj,n of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#a71 any funds made available from the ,commodity ,credit ,corporation to carry out the wildlife habitat incentive program under that section for fiscal years #bjji through #bjac shall be made available to carry out contracts referred to in subparagraph 7,a7 which were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7ii7 ,other ,on exhaustion of funds made available under clause 7i71 the ,secretary may use funds made available to carry out the environmental quality incentives program under chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa et seq47 to continue to carry out contracts referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts as in existence on ,september #cj1 #bjac4 7i7 ,great ,lakes basin program ,section #abdj,p of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#c7 is repealed4 7j7 ,chesapeake ,bay watershed program 7#a7 ,repeal ,section #abdj,q of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#d7 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts1 agreements1 and easements ,the amendment made by this subsection shall not affect the validity or terms of any contract1 agreement1 or easement entered into by the ,secretary of ,agriculture under section #abdj,q of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#d7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract1 agreement1 or easement4 7,b7 ,funding 7i7 ,use of prior year funds ,notwithstanding the repeal of section #abdj,q of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#d71 any funds made available from the ,commodity ,credit ,corporation to carry out the ,chesapeake ,bay watershed program under that section for fiscal years #bjji through #bjac shall be made available to carry out contracts1 agreements1 and easements referred to in subparagraph 7,a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7ii7 ,other ,the ,secretary may use funds made available to carry out the regional conservation partnership program under subtitle ,i of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #aija of this ,act1 to continue to carry out contracts1 agreements1 and easements referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts1 agreements1 and easements as in existence on ,september #cj1 #bjac4 7k7 ,cooperative conservation partnership initiative 7#a7 ,repeal ,section #abdc of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdc7 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts and agreements ,the amendment made by this subsection shall not affect the validity or terms of any contract or agreement entered into by the ,secretary of ,agriculture under section #abdc of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdc7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract or agreement4 7,b7 ,funding 7i7 ,use of prior year funds ,notwithstanding the repeal of section #abdc of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdc71 any funds made available from the ,commodity ,credit ,corporation to carry out the cooperative conservation partnership initiative under that section for fiscal years #bjji through #bjac shall be made available to carry out contracts and agreements referred to in subparagraph 7,a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7ii7 ,other ,on exhaustion of funds made available under clause 7i71 the ,secretary may use funds made available to carry out the regional conservation partnership program under subtitle ,i of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #aija of this ,act1 to continue to carry out contracts and agreements referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts and agreements as in existence on ,september #cj1 #bjac4 7l7 ,desert terminal lakes program 7#a7 ,repeal ,section #bejg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#dc ,u4,s4,c4 #bbaa note7 is repealed4 7#b7 ,transitional provisions 7,a7 ,effect on existing contracts ,the amendment made by this subsection shall not affect the validity or terms of any contract entered into by the ,secretary of ,agriculture under section #bejg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#dc ,u4,s4,c4 #bbaa note7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 7,b7 ,funding ,the ,secretary may use funds made available to carry out the agricultural conservation easement program under subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #ahja of this ,act1 to continue to carry out contracts referred to in subparagraph 7,a7 using the provisions of law and regulation applicable to such contracts as in existence on ,september #cj1 #bjac4 #cjjb4 ,technical and conforming amendments 7a7 ,definitions ,section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77 is amended in the matter preceding paragraph 7#a7 by inserting 1 ,h1 and ,i after ,e4 7b7 ,priority resource concern ,the following sections of the ,food ,security ,act of #aihe are amended by inserting priority before resource concerns3 7#a7 ,section #abch;,a7e77#d77;,b77ii7 7#af ,u4,s4,c4 #chch;a7e77#d77;,b77ii774 7#b7 ,section #abch;,d7#c77;,a7 7#af ,u4,s4,c4 #chch;d7#c77;,a774 7#c7 ,section #abdj;,a7#a77;,b77vi7 7#af ,u4,s4,c4 #chci;aa-#a7a77;,b77vi774 #cjjc4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on ,october #a1 #bjac4