I
109th CONGRESS
2d Session
H. R. 6064
IN THE HOUSE OF REPRESENTATIVES
September 13, 2006
Mr. Kind (for himself, Mr. Saxton, Mr. Allen, Mr. Andrews, Ms. Baldwin, Mr. Bass, Mr. Bishop of New York, Mr. Boehlert, Mr. Bradley of New Hampshire, Mr. Case, Mr. Chandler, Mr. Dingell, Mr. Farr, Mr. Fitzpatrick of Pennsylvania, Mr. Gerlach, Mr. Holt, Ms. Kaptur, Mrs. Kelly, Mr. Kolbe, Mr. LoBiondo, Ms. McCollum of Minnesota, Mr. Michaud, Mrs. Napolitano, Mr. Oberstar, Mr. Smith of Washington, Mrs. Tauscher, Mr. Udall of Colorado, Mr. Van Hollen, and Mr. Walsh) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department, to modify the operation and administration of these programs, and for other purposes.
Short title and table of contents
Short title
This Act may be cited as the Healthy Farms, Foods, and Fuels Act of
2006
.
Table of contents
The tables of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Title I—Conservation
Sec. 101. Conservation reserve program.
Sec. 102. Wetlands reserve program.
Sec. 103. Conservation security program.
Sec. 104. Reauthorization of and increased enrollment authority for grassland reserve program.
Sec. 105. Environmental quality incentives program.
Sec. 106. Reauthorization of and increased funding for wildlife habitat incentive program.
Sec. 107. Cooperative conservation partnership initiative.
Sec. 108. Regional equity in funding of certain Department of Agriculture conservation programs.
Sec. 109. Exclusion of payments under Department of Agriculture conservation programs from adjusted gross income limitation.
Sec. 110. Reauthorization of and additional funding for agricultural management assistance program.
Sec. 111. Suburban and Community Forestry and Open Space Program.
Sec. 112. Farmland protection and farm viability programs.
Sec. 113. Healthy forests reserve program.
Sec. 114. Integrated pest management initiative.
Sec. 115. National organic certification and transition cost share program.
Sec. 116. Organic agriculture research and extension initiative.
Sec. 117. Funding for education grants programs for Hispanic-serving institutions.
Sec. 118. Initiative to encourage greater participation by socially disadvantaged farmers and ranchers in conservation programs.
Title II—Energy
Sec. 201. Definition of biomass.
Sec. 202. Support for development of biorefineries.
Sec. 203. Reauthorization of energy audit and renewable energy development program.
Sec. 204. Reauthorization of and increased funding for renewable energy systems and energy efficiency improvements program.
Sec. 205. Reauthorization of Department of Agriculture bioenergy program.
Sec. 206. Reauthorization of and increased funding for biomass research and development.
Sec. 207. Reauthorization of carbon cycle research.
Title III—Healthy Food Choices
Sec. 301. Reauthorization of and increased funding for community food project grants.
Sec. 302. Expansion of fresh fruit and vegetable program.
Sec. 303. Authorization level for farm-to-cafeteria activities.
Sec. 304. Extension of WIC farmer’s market nutrition program.
Sec. 305. Senior farmers’ market nutrition program.
Sec. 306. Farmers’ market promotion program.
Conservation
Conservation reserve program
Extension
Funding extension
Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended—
in the matter
preceding paragraph (1), by striking 2007
and inserting
2013
; and
in paragraph (1),
by striking The
and inserting For each of fiscal years
2002 through 2013, the
.
Conforming amendments
Section 1231 of such Act (16 U.S.C. 3831) is amended—
in subsection (a),
by striking 2007
and inserting 2013
;
in subsection (d), by striking
2007
and inserting 2013
;
in subsection
(e)(3), by striking 2002
and inserting 2008
;
and
in subsection (h)(1), by striking
2007
and inserting 2013
.
Eligible land
Section 1231(b) of such Act (16 U.S.C. 3831(b)) is amended—
by striking the period at the end of paragraph (1) and inserting a semicolon;
in paragraph (4),
by striking or
at the end of subparagraph (C);
by striking the period at the end of paragraph (5) and inserting a semicolon; and
by adding at the end the following new paragraphs:
marginal pasture land or hay land that is otherwise ineligible, if the land is located in the Longleaf Pine National Conservation Priority Area and will be devoted to long leaf pine; or
marginal pasture land or hay land that is otherwise ineligible, if the land is to be devoted to native vegetation appropriate to the locale and will provide suitable habitat for a State or federally listed threatened or endangered species or a species determined by the Secretary of the Interior to be species of concern.
.
Enrollment goals
Section 1231(d) of such Act (16 U.S.C. 3831(d)) is amended—
by striking
The Secretary
and inserting:
Acreage authorized
The Secretary
; and
by adding at the end the following new paragraph:
Enrollment goals
For the period beginning on the date of the enactment of this paragraph and ending on December 31, 2013, the Secretary shall establish a goal—
to enroll not less than 7,000,000 acres of eligible land through the continuous enrollment program and the conservation reserve enhancement program; and
to maintain enrollment of at least 7,800,000 acres in the Prairie Pothole Region National Conservation Priority Area.
.
Balance of natural resource purposes
Section 1231(j) of such Act (16 U.S.C. 3831(j)) is amended—
by striking “In determining” and inserting the following:
Equitable balance of conservation purposes
In determining
;
by
striking the period at the end and inserting , but need not balance all
conservation purposes with respect to each particular contract offer.
;
and
by adding at the end the following new paragraph:
Wildlife
In considering the extent to which a contract offer will achieve the conservation purposes of the program related to wildlife habitat, the Secretary shall consider the extent to which the contract offer will contribute to increased populations of wildlife, including waterfowl, nongame grassland birds and neotropical migrants, and assist in the recovery of at-risk species.
.
Duties of participants
Section 1232(a) of such Act (16 U.S.C. 3832(a)) is amended—
in paragraph (4)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
by inserting before subparagraph (B), as so redesignated, the following new subparagraph:
approved vegetative cover shall not include vegetative cover inappropriate to the locale;
;
by redesignating paragraphs (5) through (10) as paragraphs (6) through (11), respectively;
by inserting after paragraph (4) the following new paragraph:
to undertake appropriate management activities on the land as needed throughout the term of the contract to achieve the purposes of the conservation reserve program;
; and
in subparagraph
(A)(i)(II) of paragraph (8), as so redesignated, by inserting after may
be conducted
the following: , taking into account grassland
types and species, location, weather conditions, and other factors that
determine to what extent harvesting and grazing activities will advance the
conservation purposes of the program
.
Conservation plan
Section 1232(b)(1) of such Act (16 U.S.C. 3832(b)(1)) is amended—
in
subparagraph (A), by striking ; and
and inserting ,
including appropriate management activities required by subsection
(a)(5);
and
by adding at the end the following new subparagraph:
criteria for conducting any commercial use to be permitted, including criteria for managed harvesting and grazing specifying frequency, timing, number of animal units, percentage of field, and other criteria to ensure that managed harvesting and grazing advances the conservation purposes of the program; and
.
Cost-Share and management assistance
Section 1234(b) of such Act (16 U.S.C. 3834(b)) is amended—
in paragraph (1),
by inserting before the period at the end the following: , except that
the Secretary shall pay 75 percent of the cost of establishing bottomland
hardwood trees and longleaf pine
; and
by adding at the end the following new paragraph:
Management costs
The Secretary shall pay 75 percent of the cost of management activities, including control of invasive species, required under a contract entered into under this subchapter, subject to such limits as the Secretary may establish.
.
Acceptance of contract offers
Section 1234(c)(3) of such Act (16 U.S.C. 3834(c)(3)) is amended—
by striking
In determining
and inserting the following:
Maximizing environmental benefits
In determining
;
by
striking may
and all that follows through take into
consideration
and inserting shall take into
consideration
;
by
striking benefits; and
and inserting benefits. The
Secretary shall establish criteria for the acceptance of contract offers that
will maximize environmental benefits, including criteria related to the
characteristics of the land that is the subject of the contract offer, its
location, proposed cover and proposed management practices.
;
by striking
(B) establish
and inserting the following:
Flexibility
The Secretary may establish
;
by
striking abated.
and inserting abated, in order to more
effectively address specific State or regional resource concerns and
conservation priorities.
; and
by adding at the end the following new subparagraph:
Relationship to other conservation programs
In the enrollment of land in the conservation reserve established under this subchapter, the Secretary shall give a priority to land that cannot produce comparable environmental benefits if maintained in agricultural production and enrolled in the environmental quality incentives program or other program designed to assist producers in improving the environmental performance of working agricultural land.
.
Conservation reserve enhancement program
Section 1234(f)(1) of such Act is (16
U.S.C. 3834(f)) is amended by adding at the end the following new sentence:
The Secretary may waive this payment limitation for persons
participating in a conservation reserve enhancement program if the Secretary
determines such a waiver is necessary to achieve the objectives of the
conservation reserve enhancement program.
.
Wetlands reserve program
Extension
Funding extension
Section 1241(a)(2)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)(2)) is amended by striking
The
and inserting For each of fiscal years 2002 through
2013, the
.
Conforming amendment
Section 1237(c) of
such Act (16 U.S.C. 3837(c)) is amended by striking 2007
and
inserting 2013
.
Maximum and yearly enrollment
Section 1237(b)(1) of such Act (16 U.S.C. 3837(b)(1)) is amended—
by striking
2,275,000 acres
and inserting 5,000,000 acres
;
and
by striking 250,000 acres in each
calendar year
and inserting 350,000 acres in each of calendar
years 2008 and 2009 and 250,000 acres in each of calendar years 2010 through
2013
.
Wetland easement conservation plan
Section 1237A(b)(3) of such Act (16 U.S.C.
3837a(b)(3)) is amended by inserting before the semicolon at the end the
following: and management activities necessary to maintain the
functional values of the wetlands
.
Cost-Share and management assistance
Section 1237C of such Act (16 U.S.C. 3837c) is amended—
in subsection
(a)(1), by inserting including management activities,
after
values,
; and
in subsection (b), by adding at the end the following new paragraph:
Management costs
The Secretary may make payments to owners to cover up to the full actual cost of undertaking any ongoing or periodic management activities necessary to maintain the functional values of wetland enrolled in the wetlands reserve program.
.
Conservation security program
Repeal of funding cap
Section 1241(a)(3) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(3)) is amended by striking , using not more than
and all that follows through 2015
.
Program extension
Section 1238A(a) of
the Food Security Act of 1985 (16 U.S.C. 3838a(a)) is amended by striking
2011
and inserting 2013
.
Three tiers of conservation security contracts
Section 1238A(d) of such Act (16 U.S.C. 3838a(d)) is amended—
in paragraph (4)—
by redesignating subparagraphs (R) and (S) as subparagraphs (S) and (T), respectively; and
by inserting after subparagraph (Q), the following new subparagraph:
enhancement of in-stream flows;
;
in paragraph (5)—
in the matter
preceding subparagraph (A), by striking paragraph (6)
and
inserting paragraph (7)
;
in subparagraph
(A)(ii)(I), by striking 1 significant resource
and inserting
2 significant resources
; and
in subparagraph (B)(ii)(I), by striking
1 significant resource
and inserting 3 significant
resources
; and
by redesignating paragraph (6) as paragraph (7); and
by inserting after paragraph (5) the following new paragraph:
Soil quality requirements for certain producers
Certified organic producers and producers implementing a resource-conserving crop rotation shall be deemed to meet any minimum requirements related to soil quality and the preservation of soil carbon that the Secretary may establish for each tier of conservation security contracts.
.
Contract renewal
Section 1238A(e)(4) of such Act (16 U.S.C. 3838a(e)(4)) is amended——
in subparagraph
(A), by striking subparagraph (B)
and inserting
subparagraphs (B), (C), and (D)
; and
by striking subparagraph (B) and inserting the following new subparagraphs:
Tier I renewals
In the case of land enrolled under a Tier I conservation security contract of a producer, the producer may—
renew the contract if the producer agrees to a new conservation security plan that addresses at least one additional significant resource concern and includes significant new conservation practices and activities, as determined by the Secretary; or
enroll the land under a Tier II or Tier III conservation security contract at the time the Tier I contract expires if the producer demonstrates that the eligibility criteria for a Tier III conservation security contract are met.
Tier II renewals
In the case of land enrolled under a Tier II conservation security contract of a producer, the producer may—
renew the contract if the producer agrees to a new conservation security plan that includes significant new conservation practices or activities, as determined by the Secretary; or
enroll the land under a Tier III conservation security contract at the time the Tier II contract expires if the producer demonstrates that the eligibility criteria for a Tier III conservation security contract are met.
Tier III renewals
In the case of land enrolled under a Tier III conservation security contract of a producer, the producer may renew the contract, subject to a benchmark assessment by the Secretary to determine whether the producer fully complied with the requirements of the Tier III conservation security plan.
.
Elimination of maintenance payments
Section
1238C(b)(1)(B) of such Act (16 U.S.C. 3838c(b)(1)(B)) is amended by adding at
the end the following new sentence: Effective for payments made after
October 1, 2006, payments under a conservation security contract may not
include amounts for the maintenance of existing land management and vegetative
practices or the maintenance of existing land-based structural
practices.
.
Minimum contract payment
Section 1238C(b) of such Act (16 U.S.C. 3838c(b)) is amended by adding at the end the following new paragraph:
Minimum payment
Notwithstanding any other provision in this subsection, a producer participating in the conservation security program shall be entitled to an annual payment of not less than $1,500 under a conservation security contract.
.
Enrollment procedures
Subsection (f) of section 1238C of such Act (16 U.S.C. 3838c) is amended to read as follows:
Enrollment procedures
No use of competitive bidding
In entering into conservation security contracts with producers under this subchapter, the Secretary shall not use competitive bidding or any similar procedure.
Continuous enrollment for tier III contracts
The Secretary shall enroll lands that meet Tier III enrollment criteria on a continuous basis.
Periodic enrollment opportunities for tier I and II contracts
The Secretary shall ensure that producers whose land meets the eligibility criteria for enrollment under a Tier I or Tier II conservation security contract have the opportunity to enroll the land in the conservation security program once every three years.
.
Technical assistance
Subsection (f) of section 1238C of such Act (16 U.S.C. 3838c) is amended to read as follows:
Technical assistance
Provision of technical assistance
For each of fiscal years 2003 through 2013, the Secretary shall provide appropriate technical assistance to producers for the development and implementation of conservation security contracts.
Limitation
The amount expended to provide technical assistance with respect to a conservation security contract over the life of the contract may not exceed 15 percent of the total amount expended over the life of the contract.
.
Reauthorization of and increased enrollment authority for grassland reserve program
Extension and funding
Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended by striking paragraph (5) and inserting the following new paragraph:
For each of fiscal years 2002 through 2013, the grassland reserve program under subchapter C of chapter 2.
.
Maximum enrollment and limitation on use of rental agreements
Subsection (b) of section 1238N of such Act (16 U.S.C. 3838N) is amended—
in paragraph (1),
by striking 2,000,000 acres
and inserting 5,000,000
acres
; and
by striking paragraph (3) and inserting the following new paragraph:
Limitation on use of rental agreements
Of the total number of acres enrolled in the program at any one time through the methods described in paragraph (2)(A), not more than 30 percent of the acres shall be enrolled through the use of rental agreements described in clause (i) of such paragraph.
.
Enrollment goal
Subsection (b) of such section is further amended by adding at the end the following new paragraph:
Enrollment goal
For the period beginning on the date of the enactment of this paragraph and ending on December 31, 2013, the Secretary shall establish a goal to enroll not less than 1,000,000 acres of native grasslands in the program.
.
Equity for pasture-based operations
Such section is further amended by adding at the end the following new subsection:
Equity for pasture-based operations
Consistent with the other requirements of the program, the Secretary shall implement the program in a manner that ensures that, to the greatest extent practicable, landowners operating pasture-based systems have an equal opportunity to enroll in the program.
.
Environmental quality incentives program
Extension
Funding extension and increase
Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended by striking paragraph (6) and inserting the following new paragraph:
The environmental quality incentives program under chapter 4, using, to the maximum extent practicable, $2,000,000,000 in each of fiscal years 2008 through 2013.
.
Conforming amendments
Section 1240B of such Act is amended (16 U.S.C. 3839aa–2)—
in subsection (a)(1), by striking
2010
and inserting 2013
; and
in subsection (g),
by striking 2007
and inserting 2013
.
Purposes
Section 1240 of such Act (16 U.S.C. 3839aa) is amended—
in paragraph (2),
by inserting , conserving energy,
after
resources
; and
in paragraph (3), by inserting and
conserve energy,
after wildlife
.
Bidding down
Subsection (c) of section 1240B of such Act (16 U.S.C. 3839aa–2) is amended to read as follows:
Bidding down
The Secretary shall not assign a higher priority to any application because the applicant is willing to accept a lower cost-share or incentive payment than the applicant would otherwise be entitled to receive. Nothing in this subsection shall be construed to relieve the Secretary of the obligation, when evaluating applications for cost-share payments and incentive payments, to evaluate the cost-effectiveness of the proposed conservation practices, systems, and approaches described in the applications and to prioritize the most cost-effective applications, as required by section 1240C(1).
.
Evaluation of applications for cost-share payments and incentive payments
Section 1240C of such Act (16 U.S.C. 3839aa–3) is amended to read as follows:
Evaluation of applications for cost-share payments and incentive payments
In evaluating applications for cost-share payments and incentive payments, the Secretary shall—
prioritize applications based on their overall level of cost-effectiveness to ensure that the conservation practices, systems, and approaches proposed are the most efficient means of achieving the anticipated environmental benefits of the project;
prioritize applications based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;
reward higher levels of environmental performance, such as advanced levels of management within land management practices;
develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed; and
prioritize applications that will improve environmental performance on existing operations.
.
Conservation innovation grants
Section 1240H of such Act (16 U.S.C. 3839aa–8) is amended—
in subsection (a),
by striking may
and inserting shall
;
in subsection (b)—
by striking may
and
inserting shall
;
by striking
and
at the end of paragraph (2);
by striking the
period at the end of paragraph (3) and inserting ; and
;
and
by adding at the end the following new paragraph:
include a plan for technology transfer.
; and
by adding at the end the following new subsections:
Technology transfer
To the maximum extent practicable, the Secretary shall ensure efficient, effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this section.
Funding
In addition to amounts made available under section 1241(a)(6) to carry out this chapter, the Secretary shall use funds of the Commodity Credit Corporation to carry out this section in the following amounts:
40,000,000 for fiscal year 2008.
50,000,000 for fiscal year 2009.
60,000,000 for fiscal year 2010.
75,000,000 for each of fiscal years 2011 through 2013.
.
Funding under ground and surface water conservation program
Subsection (c) section 1240I of such Act (16 U.S.C. 3839aa–9) is amended to read as follows:
Funding
The Secretary shall use $100,000,000 of the funds of the Commodity Credit Corporation to carry out this section for each of fiscal years 2008 through 2013. These funds are in addition to amounts made available under section 1241(a)(6) to carry out this chapter.
.
Forest conservation and performance incentives for states
Chapter 4 of subtitle D of title XII of such Act is amended by adding at the end the following new sections:
Promotion of forest stewardship practices
Cost-share payments and incentive payments
In carrying out the program under this chapter, the Secretary shall promote forest stewardship by providing cost-share payments and incentive payments to non-industrial private forest owners to carry out eligible conservation activities, to—
improve water quality;
improve habitat for at-risk species;
restore ecologically important forest types; or
control invasive species.
Priority
The Secretary shall give priority to projects that involve multiple landowners implementing eligible conservation activities in a coordinated way to address the purposes described in subsection (a).
Funding
Amounts
The Secretary shall use funds of the Commodity Credit Corporation to carry out this section in the following amounts:
$25,000,000 for fiscal year 2008;
$45,000,000 for fiscal year 2009;
$60,000,000 for fiscal year 2010;
$75,000,000 million for each of fiscal years 2011 and 2012; and
$100 million for fiscal year 2013.
Relation to other funds
The funds made available under paragraph (1) are in addition to amounts made available under section 1241(a)(6) to carry out this chapter.
Performance incentives for States
High level of performance bonus
For each of fiscal years 2008 through 2013, 10 percent of the funds made available under this chapter shall be reserved by the Secretary for bonus allocations to States that demonstrate a high level of performance in implementing the environmental quality incentives program.
Special considerations
In evaluating State performance under subsection (a), the Secretary shall reward States that—
consistently meet the requirements of section 1240C in evaluating offers and payments;
dedicate a portion of their annual environmental quality incentives program allocation to multi-producer cooperative efforts to address specific resource concerns;
collaborate with other Federal and State agencies, local governments, educational institutions, and for-profit and nonprofit organizations to monitor and evaluate the environmental outcomes associated with implementation of the environmental quality incentives program;
demonstrate effective and efficient program delivery, including the provision of adequate technical assistance to all program participants through appropriate staffing and through cooperation with other Federal, State, Tribal, and local agencies, for-profit and nonprofit organizations, and individuals with demonstrated expertise in the planning and implementation of conservation practices, systems, and approaches;
support and encourage innovative approaches to addressing resource concerns; and
demonstrate effective outreach and innovative approaches to reaching and serving beginning farmers and ranchers, limited-resource producers, and operators with lower rates of historical participation in Federal farm and conservation programs.
.
Reauthorization of and increased funding for wildlife habitat incentive program
Extension and funding
Section 1241(a)(7) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(7)) is amended by striking subparagraphs (A) through (D) and inserting the following new subparagraphs:
$85,000,000 in fiscal year 2007;
$100,000,000 in fiscal year 2008;
$140,000,000 in fiscal year 2009;
$200,000,000 in each of fiscal years 2010 and 2011; and
$300,000,000 in each of fiscal years 2012 and 2013.
.
Incentive payments for agreements benefitting listed species
Section 1240N of such Act (16 U.S.C. 3839bb–1) is amended by adding at the end the following new subsection:
Incentive payments for certain agreements and applications
In a case in which the Secretary enters into an agreement or contract to protect or restore habitat for a federally or State-listed endangered, threatened, or candidate species or for applications that further the goals and objectives of a State’s comprehensive wildlife conservation plan, the Secretary may provide incentive payments to landowners to protect or restore the habitat, including the cost of management activities needed during the term of the agreement or contract.
.
Fish habitat
Section 1240N of such Act (16 U.S.C. 3839bb–1) is further amended by inserting after subsection (d), as added by subsection (b), the following new subsection:
Development of fish habitat
Purposes of cost-share payments
Subsection (b)(1)(D) authorizes the Secretary to make cost-share payments to landowners to develop fish habitat. The development of fish habitat using such cost-share payments may include activities—
to protect streamside areas, including through the installation of riparian fencing and improved stream crossings;
to repair in-stream habitat;
to improve water flows and water quality, including through channel restoration;
to initiate watershed management and planning in areas in which streams are in a degraded condition due to past agricultural or forestry practices; and
to undertake other types of stream habitat improvement approved by the Secretary.
Priority projects
When considering applications describing projects to protect or restore fish habitat, the Secretary shall give priority to applicants who will use the cost-share payments to carry out a project—
to remove a small dam or in-stream structure;
to improve fish passage, including through culvert repair and maintenance;
to protect streamside areas;
to improve water flows, including through irrigation efficiency improvements; or
to improve in-stream flow quality or timing or temperature regimes.
Priority for projects including upland improvements
In addition to the priority projects described in paragraph (2), to ensure that projects intended to protect or restore fish habitat also address the causes of stream habitat degradation, the Secretary shall give priority among applications describing such projects to applicants who demonstrate that upland improvements associated with the stream habitat improvement, including erosion and nutrient management have been, or will be, carried out.
.
Cooperative conservation partnership initiative
Establishment of grant program
Subtitle D of title XII of the Food Security Act of 1985 is amended by adding at the end the following new chapter:
Cooperative Conservation Partnership Initiative
Cooperative conservation partnership initiative
Agreements
The Secretary shall enter into agreements for not shorter than three-year or longer than five-year terms with eligible entities specified in subsection (c) to preferentially enroll producers in one or more of the programs specified in subsection (b) to carry out special projects and initiatives through which multiple producers and other interested persons cooperate to improve water quality or address other specific resources of concern related to agricultural production on a local, State, or regional scale.
Covered programs
The conservation programs referred to in subsection (a) are the following:
Farmland protection program.
Grassland reserve program.
Environmental quality incentives program.
Ground and surface water conservation program.
Wildlife habitat incentive program.
Eligible partners
Agreements may be entered into under this section with any of the following (or a combination thereof):
States and agencies of States.
Political subdivisions of States, including State-sponsored conservation districts.
Indian tribes.
Nongovernmental organizations and associations, including conservation organizations and producer associations and cooperatives.
Applications
Competitive process
The Secretary shall establish a competitive process for considering applications for agreements under this section consistent with the evaluation criteria listed in subsection (e).
Program allocation
Applications shall include—
specification of the amount of funding or acres of one or more covered programs specified in subsection (b) proposed to be allocated to carry out the special project or initiative; and
a schedule for utilization of funding or acres over the life of the proposed project or initiative.
Evaluation criteria
In evaluating applications for agreements under this section the Secretary shall consider the extent to which—
preferential enrollment in the covered programs specified in the application will effectively address the environmental objectives established for the special project or initiative; and
the special project or initiative covered by the application—
enjoys broad local and regional support from producers and other interested persons, including governmental and nongovernmental organizations with appropriate expertise on the issues the project or initiative seeks to address;
includes clear environmental objectives and a high likelihood of success;
includes a well defined project or initiative plan that identifies sensitive areas requiring treatment and prioritizes conservation systems, practices, and activities needed to achieve environmental objectives;
promises adequate and coordinated participation to achieve the objectives of the project or initiative;
coordinates integration of local, State, and Federal efforts to make the best use of available resources and maximize cost-effective investments;
leverages financial and technical resources from sources other than the programs authorized by this subtitle, including financial and technical resources provided by Federal and State agencies, local governments, nongovernmental organizations and associations, and other private sector entities;
describes how all necessary technical assistance will be provided to each producer participating in the project or initiative, including cost estimates for technical assistance and whether such assistance will be provided by technical service providers;
addresses a local, State, regional, or national environmental priority or priorities, with particular emphasis on any priority for which there is an existing State or federally approved plan in place for addressing that priority;
links environmental and conservation objectives with other objectives, such as spurring rural economic development through increased opportunities in the project area for recreation, value-added enterprises, or direct marketing of agricultural products, and assisting beginning, limited resource, tribal, and other producers maintain the viability of their operations;
includes a plan to evaluate progress and measure results; and
clearly demonstrates that enrollment of producers in covered programs will be consistent with the purposes and policies of each individual program, as established in statute, rules and regulations, and program guidance promulgated by implementing agencies.
Priorities
To the maximum extent practicable, consistent with the requirements of subsection (d), the Secretary shall ensure that, each fiscal year, agreements are entered into under this section to support projects and initiatives that collectively address the full range of resource concerns facing producers, ranchers, and small private forest landowners, including specifically projects and initiatives that are designed—
to achieve improvements in water quality in watersheds impacted by agriculture, particularly by increasing the participation of producers in implementing best management practices in a watershed or developing environmentally and economically viable alternative uses for manure and litter;
to achieve improvements in air quality in a geographical area where agricultural operations impact air quality, especially an area that, as determined by the Administrator of the Environmental Protection Agency, is a nonattainment area with respect to any of the national ambient air quality standards promulgated by the Administrator under section 109 of the Clean Air Act (42 U.S.C. 7409);
to conserve water for environmental purposes such as enhanced in stream flows or aquifer recharge in regions, States, or local areas where water quantity is a concern;
to assist in the recovery of Federal or State-listed endangered species or species of special concern or to further the goals and objectives of a State’s comprehensive wildlife conservation plan through the cooperative efforts of multiple producers;
to control invasive species on rangeland or other agricultural land through the cooperative efforts of multiple producers in a geographical area;
to address a specific resource concern or set of concerns on private, non-industrial forest land;
to reduce losses of pesticides to the environment by engaging multiple producers in a geographic area in adoption of integrated pest management practices and approaches; and
to keep working farms and ranches facing development pressures in agricultural use.
Selection process
In evaluating applications under this section, the Secretary shall consider recommendations from scientists and others with appropriate expertise from agencies within the Department of Agriculture, other Federal and State agencies, and interest groups, including producer associations and conservation and environmental organizations.
Cost share
Maximum; exceptions
The Secretary shall not require more than 25 percent of the cost of a project or initiative supported under an agreement entered into under this section to come from non-Federal sources. However, the Secretary may award more points to projects or initiatives offering to cover a higher percentage of the cost of the project or initiative from non-Federal sources.
In-kind contributions
If the Secretary establishes a cost-share requirement for a project or initiative, the Secretary shall allow the use of in-kind contributions to meet that requirement.
Administration with conservation reserve enhancement program
In implementing this section, the Secretary shall ensure that States or other applicants seeking to combine an application for project or initiative under this section with an application for a conservation reserve enhancement program may do so in a manner that does not impose additional paperwork or other burdens on the applicant.
Funding
Set-aside
Of the funds provided each fiscal year to implement the programs specified in subsection (b), the Secretary shall use 20 percent to provide funds under agreements entered into under this section.
Allocation to states
The Secretary shall allocate to States 50 percent of the funds reserved under paragraph (1) to allow State Conservationists, with the advice of State Technical Committees, scientists, and other persons with appropriate expertise, to select projects and initiatives for funding under this section at the State level.
Water quality
To the maximum extent practicable and consistent with the other requirements of this section, the Secretary shall ensure that 50 percent of the funds awarded each year under this section are awarded to projects and initiatives that will improve water quality.
.
Conforming repeal
Section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) is amended by striking subsection (f).
Regional equity in funding of certain Department of Agriculture conservation programs
Subsection (d) of section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended to read as follows:
Regional equity
In allocating funds to States to implement the conservation programs under subtitle D (excluding the conservation reserve program under subchapter B of chapter 1, the wetlands reserve program under subchapter C of chapter 1, and the conservation security program under subchapter A of chapter 2), the Secretary shall ensure that each State receives, at a minimum, $15,000,000 for each of the fiscal years 2007 through 2013.
.
Exclusion of payments under Department of Agriculture conservation programs from adjusted gross income limitation
Exclusion
Subsection (b)(2) of section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended by striking subparagraph (C).
Duration of adjusted gross income limitation
Such section is further amended by striking subsection (e).
Reauthorization of and additional funding for agricultural management assistance program
Reauthorization
Subsection (b)(4)(B) of section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524) is amended—
in
clause (ii), by striking fiscal years 2003 through 2007
and
inserting fiscal years 2008 through 2013
; and
in clause (iii), by striking fiscal
years 2004 through 2007
and inserting fiscal years 2008 through
2013
.
Funding levels
Such subsection is further amended—
in clause (ii), by
striking $20,000,000
and inserting $40,000,000
;
and
in clause (iii)—
in subclause (I),
by striking $14,000,000
and inserting
$28,000,000
;
in subclause (II),
by striking $1,000,000
and inserting $2,000,000
;
and
in subclause
(III), by striking $5,000,000
and inserting
$10,000,000
.
Suburban and Community Forestry and Open Space Program
The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is amended by adding at the end the following new section:
Suburban and Community Forestry and Open Space Program
Definitions
In this section:
Committee
The term Committee means a State Forest Stewardship Coordinating Committee established under section 19(b).
Eligible entity
The term eligible entity means a unit of local government or a nonprofit organization that—
the Secretary determines, in accordance with the criteria established under subsection (c)(2)(B) is eligible to receive a grant under subsection (d); and
the State forester, in consultation with the Committee, determines—
has the abilities necessary to acquire and manage interests in real property; and
has the resources necessary to monitor and enforce any terms applicable to the eligible project.
Eligible project
The term eligible project means a fee purchase, easement, or donation of land to conserve private forest land identified for conservation under subsection (c)(2)(A).
Indian tribe
The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
Nonprofit organization
The term nonprofit organization means any organization that is—
described in section 501(c) of the Internal Revenue Code of 1986; and
exempt from taxation under 501(a) of the Internal Revenue Code of 1986.
Private forest land
The term private forest land means land that—
consists of at least 50 percent forest cover, with the remainder made up of—
compatible non-forest uses, including cultivated farmlands, pastures, orchards, shrub lands, grasslands, wetlands, or open waters; or
preexisting structures that are inseparable from the landholding and do not have a detrimental effect on conservation values;
is capable of producing commercial forest products; and
is owned by a private entity or an Indian tribe.
Program
The term program means the Suburban and Community Forestry and Open Space Program established by subsection (b).
Relevant local government
The term
relevant local government
means the governing body of a unit of
local government that has the authority to adopt a plan for development of an
area and within which an identified eligible project would be carried
out.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Establishment and purpose
There is established within the Forest Service a
program to be known as the Suburban and Community Forestry and Open
Space Program
. The purpose of the program is to provide assistance to
eligible entities to carry out eligible projects in States in which less than
25 percent of the land is owned by the United States to—
conserve private forest land and maintain working forests in suburban areas;
provide communities a means by which to create community forests; and
support primary and secondary value-added forest products industries and employment in areas threatened by conversion of forest land to nonforest uses.
Identification of eligible private forest land and entities
National criteria
The Secretary shall establish national criteria—
for the identification of private forest land eligible for conservation under the program; and
for the identification of eligible entities.
Conditions for eligible private forest land
Private forest land identified for conservation using the criteria established under paragraph (2)(A) shall be land that—
is located in a State in which less than 25 percent of the land is owned by the United States;
is appropriate for conservation under a comprehensive plan for development adopted by the relevant local government; and
is determined by the relevant local government to be located in an area threatened by conversion of forest land to nonforest uses.
Grant program
Grants for eligible projects
In carrying out the program, the Secretary shall award competitive grants to eligible entities to carry out eligible projects.
Public access
Eligible entities are encouraged to provide public access to land on which an eligible project is carried out, consistent with State law and preexisting access agreements.
Application and stewardship plan
Submission
An eligible entity that seeks to receive a grant under the program shall submit to the appropriate State forester and relevant local government—
at such time and in such form as the Secretary shall prescribe, an application for the grant (including a description of any private forest land to be conserved using funds from the grant and a description of the extent of the threat of conversion of the land to nonforest use); and
a stewardship plan that describes—
the manner in which any private forest land to be conserved using funds from the grant will be managed in accordance with this section;
the manner in which the stewardship plan will be implemented; and
the public benefits, including economic and noneconomic benefits, to be achieved from implementation of the stewardship plan.
Assessment of need
With respect to an application submitted under paragraph (1)(A), the State forester shall—
assess the need for preserving working suburban forest land and open space and community forests in the State, taking into account the housing needs of the area in which the eligible project is to be carried out;
certify that the preservation of suburban forest land as contemplated by the application is consistent with any comprehensive plan for development adopted by the relevant local government; and
if approved by the relevant local government, submit the application and the assessment of need to the Secretary.
Review of applications
In general
As soon as practicable after the date on which the Secretary receives an application under subsection (e), or a resubmission of an application under subparagraph (B), the Secretary shall review the application and—
award a grant to the applicant; or
disapprove the application and provide the applicant with a statement that describes the reasons why the application was disapproved and specifies a deadline by which the applicant may resubmit the application under this subsection.
Considerations; priority
In awarding grants under the program, the Secretary shall—
consider the need for the eligible project based on the assessment of need submitted under subsection (e)(2) and subject to the criteria established under subsection (c);
give priority to applicants that propose to fund eligible projects that promote—
the preservation of suburban forest land;
the creation of community forests;
the sustainable management of private forest land;
community involvement in determining the objectives for eligible projects that are funded under this section;
primary and secondary value-added forest products industries and employment;
the protection of water, wildlife, scenic, and recreational resources on private forest lands; and
the protection of forestlands recognized as conservation priorities within Federal, regional, State, or local watershed, open space, or other resource protection plans; and
require a certification from the relevant local government that the preservation of suburban forest land as contemplated by the application is consistent with any comprehensive plan for development adopted by the local government.
Cost sharing
In general
The amount of a grant awarded under the program to carry out an eligible project shall not exceed 50 percent of the total cost of the eligible project.
Assurances
As a condition of receipt of a grant under the program, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured.
Form
The share of the cost of carrying out any eligible project that is not funded by a grant awarded under the program may be provided in cash or in kind (including a donation of land).
Use of Grant Funds for Purchases of Land or Easements
Purchases
Purchase at fair market value
Except as provided in subparagraph (B), funds made available, and grants awarded, under the program may be used to purchase private forest land or interests in private forest land (including conservation easements) only from willing sellers at fair market value.
Purchase at less than fair market value
A sale of private forest land or an interest in private forest land at less than fair market value shall be permitted only on certification by the landowner that the sale is being entered into willingly and without coercion.
Title
Title to private forest land or an interest in private forest land purchased under paragraph (1) may be held, as determined appropriate by the Secretary, in consultation with the State and relevant local government, by—
a State;
a unit of local government; or
a nonprofit organization.
Termination of easement
Except as provided in paragraph (4), all right, title, and interest of a unit of local government or nonprofit organization in and to a conservation easement purchased under paragraph (1) shall terminate and vest in the State if the State determines that—
the unit of local government or nonprofit organization is unable or unwilling to enforce the terms of the conservation easement; or
the conservation easement has been modified in a way that is inconsistent with the purposes of the program.
Conveyance to another unit of local government or nonprofit organization
If a State makes a determination under paragraph (3), the State may convey or authorize the unit of local government or nonprofit organization to convey the conservation easement to another unit of local government or nonprofit organization.
Administrative Costs
The State, on approval of the Secretary and subject to any regulations promulgated by the Secretary, may use amounts made available under subsection (k) to pay the administrative costs of the State relating to the program.
Report
The Secretary shall submit to Congress a report on the eligible projects carried out under this section in accordance with section 8(c) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1606(c)).
Authorization of Appropriations
There are authorized to be appropriated to carry out this section $50,000,000 for each of the fiscal years 2008 through 2013.
Private property protections
Access
Nothing in this section—
requires a private property owner to permit public access (including Federal, State, or local government access) to private property; or
modifies any provision of Federal, State, or local law with regard to public access to, or use of, private land.
Liability
Nothing in this section creates any liability, or has any effect on liability under any other law, of a private property owner with respect to any persons injured on the private property.
Recognition of authority to control land use
Nothing in this section modifies any authority of Federal, State, or local governments to regulate land use.
Participation of private property owners
Nothing in this section requires a private property owner to participate in private forest conservation under this section.
.
Farmland protection and farm viability programs
Land eligible for protection
Paragraph (2) of section 1238H of the Food Security Act of 1985 (16 U.S.C. 3838h) is amended to read as follows:
Eligible land
The term eligible
land
means land on a farm or ranch that is—
cropland;
rangeland;
grassland;
pasture land; or
forest land that is an incidental part of an agricultural operation, as determined by the Secretary.
.
Qualified state or local entity defined
Such section is further amended—
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following new paragraph:
Qualified state or local entity
The term
qualified State or local entity
means an eligible entity, public
or private, that operates a farm and ranchland protection program under
authority of State law, which has—
for at least 3 calendar or fiscal years used or provided public or private funds to purchase perpetual conservation easements or other interests in land on a cumulative total of at least 10 properties for the primary purpose of protecting the agricultural production capacity of eligible land;
the necessary authority under State law, as well as the technical and financial capacity, to monitor and enforce the terms of such conservation easements or other interests in land so that their purpose is carried out in perpetuity, or in the case of a governmental entity, to legally require other public or private holders of such easements or interests in land acquired with public funding to hold, monitor, and enforce them for the same purpose; and
financial control policies in place to assure that on average the purchase price of conservation easements and other interests in land purchased by the eligible entity or purchased using funds provided by the eligible entity does not exceed their appraised fair market value.
.
Farmland protection program changes
Section 1238I of such Act (16 U.S.C. 3838i) is amended to read as follows:
Farmland protection
Establishment
The Secretary, acting through the Natural Resources Conservation Service, shall establish and carry out a farm and ranchland protection program under which the Secretary shall facilitate and fund the purchase of conservation easements or other interests in eligible land for the purpose of protecting the agricultural production capacity of the land by limiting incompatible nonagricultural uses of the land.
Protection priorities
The program shall give the highest priority to protecting eligible land with prime, unique, or other productive soils that are at risk of non-farm development.
Grants
Grants to qualified State or local entities
Not less than 75 percent of the funds made available to carry out the program shall be awarded as grants, administered by Natural Resources Conservation Service state conservationists, to qualified State and local entities. The Secretary shall distribute such grant funds among States based on demonstrated need for farm and ranch land protection and on the relative contribution of funds dedicated by States and eligible entities for this purpose.
Multiple transactions
Grants may be made under the program for multiple transactions without regard for whether pending purchase offers are outstanding, so long as all grant funds are used for the purpose of purchasing conservation easements or other interests in eligible land.
Distribution of excess funds
Any funds not granted to qualified State or local entities under the program shall be available for distribution to other eligible entities as matching funds for individual purchases of conservation easements and other interests in eligible land.
Grant agreements
Agreements authorized
The Secretary, acting through the Natural Resources Conservation Service, may enter into an agreement with a qualified State or local entity, under which the State or local entity may purchase conservation easements or other interests in eligible land using a combination of grant funds provided under subsection (c) and other funds available to the entity.
Terms and conditions
An agreement under this subsection shall stipulate the terms and conditions under which the qualified State or local entity shall use funds provided by the Secretary under the program, subject to the following:
The qualified State or local entity shall be authorized to determine their own criteria and priorities for purchasing conservation easements and other interests in eligible land.
The qualified State or local entity may determine the terms and conditions for conservation easements and other interests in eligible land purchased using grant funds, if the attorney general of the State in which the land is located certifies that such terms and conditions are adequate under State law to achieve and permit effective enforcement of the conservation purposes of such easements or other interests.
No Federal contingent right of enforcement or reversionary interest in a conservation easement or other purchase of an interest in land shall be required.
Individual purchases
The Secretary may enter into agreements with eligible entities under which the Secretary shall provide matching funds for the purpose of purchasing conservation easements or other interests in eligible land on individual farm and ranch properties. The Secretary may agree to such terms as the Secretary considers appropriate to assure that the purpose of the program is carried out, except that subsection (d)(2)(C) shall apply to any easement held by a State or local agency or in which a qualified State or local entity will hold a contingent right of enforcement.
Conservation plan
Notwithstanding
subsection (d)(2)(B), any highly erodible cropland for which a conservation
easement or other interest in land is purchased using funds made available
under the program shall be subject to the requirements of a conservation plan,
except that, for easements and other interests in land that are perpetual in
duration, the Secretary may not require the conversion of the cropland to less
intensive uses if, under the conservation plan, soil erosion can be reduced to
T
or below.
Cost sharing
Maximum cost share using section 1241(d) funds
The share of the cost of purchasing a conservation easement or other interest in eligible land under the program using funds provided under section 1241(d) shall not exceed the greater of—
50 percent of the appraised fair market value of the conservation easement or other interest in eligible land; or
if a qualified conservation contribution, as defined by section 170(h) of the Internal Revenue Code of 1986, of at least 25 percent of the market value of the conservation easement or other interest in eligible land is made by the landowner in connection with the purchase of the easement or other interest in land, two-thirds of the actual cost of purchasing the conservation easement or other interest in land.
Maximum cost share using other funds
As part of the share of the cost of purchasing a conservation easement or other interest in eligible land under the program using funds that are not provided under section 1241(d), a qualified State or local agency or other eligible entity may include a qualified conservation contribution by the private landowner from which the eligible land is to be purchased of not more than 50 percent of the fair market value of the conservation easement or other interest in eligible land.
Bidding down
If the Secretary determines that two or more applications under the program for the purchase of a conservation easement or other interest in eligible land are comparable in achieving the purposes of the program, the Secretary shall not assign a higher priority to any one of those applications solely on the basis of lesser cost to the program.
.
Funding for farmland protection program
Paragraph (4) of subsection (a) of section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended to read as follows:
The farmland protection program under subchapter B of chapter 2, using, to the maximum extent practicable, $300,000,000 in each of fiscal years 2008 through 2013.
.
Farm viability program
Program required
Subsection (a) of section 1238J of the Food Security Act
of 1985 (16 U.S.C. 3838j) is amended by striking The Secretary
may
and inserting Using amounts made available under subsection
(b), the Secretary shall
.
Funding
Subsection (b) of such section is amended to read as follows:
Funding
In addition to other funds made available to carry out this subchapter for each of fiscal years 2008 through 2013, the Secretary shall use $50,000,000 of funds of the Commodity Credit Corporation each fiscal year to make grants to eligible entities under subsection (a).
.
Healthy forests reserve program
Methods of enrollment
Section 502(f)(1)of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)) is amended by striking subparagraph (C) and inserting the following new subparagraph:
a permanent easement.
.
Funding
Section 508 of such Act (16 U.S.C. 6578) is amended to read as follows:
Funding for healthy forests reserve program
Funding source
For each of fiscal years 2008 through 2013, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the healthy forests reserve program, including the provision of technical assistance under the program.
Section 11 cap
The use of Commodity Credit Corporation funds under subsection (a) to provide technical assistance under the healthy forests reserve program shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limitation on expenditures for technical assistance imposed by section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i).
.
Integrated pest management initiative
Initiative required
The Secretary of Agriculture shall implement an integrated pest management initiative in priority areas identified by the Secretary pursuant to subsection (b) for the purpose of assisting agricultural producers operating in a priority area to comply with pest management regulations and alleviate the need for additional regulations regarding pest management activities.
Identification of priority areas
Identification
The Secretary of Agriculture shall identify priority areas where the adoption by agricultural producers of integrated pest management practices and approaches offers the greatest potential benefit to producers seeking to comply with pest management regulations and alleviate the need for additional regulations regarding pest management activities. At a minimum, priority areas shall include agricultural lands dominated by the production of specialty crops and agricultural lands where agricultural pest management activities are regulated for the purpose of mitigating specific impacts to human health or the environment, such as an area in which pollutants exceed authorized total maximum daily load or an air quality non-attainment area.
Consultation
The Secretary shall identify priority areas in consultation with the Environmental Protection Agency, the United States Geological Service, the United States Fish and Wildlife Service, agricultural producers, appropriated State agencies, and other interested persons.
Activities in priority areas
Expedited approval of management practices
The Secretary of Agriculture shall develop the best-available integrated pest management practices for the primary agricultural commodities and significant pests in each priority area identified under subsection (b) and expedite approval of these practices for implementation by agricultural producers.
Improved evaluation of management plans
The Secretary shall develop and make available criteria to enable staff of the Natural Resources Conservation Service and agricultural producers operating in priority areas identified under subsection (b) to effectively compare pest management plans, considering relative risks and potential benefits to multiple resources of concern, including air, surface water, ground water, bees and other pollinators, wildlife, and worker safety.
Technical assistance
The Secretary may enter in cooperative agreements, memorandums of understanding, and contracts for services with technical service providers, other agencies, and non-Federal organizations, as necessary, to assist in providing technical assistance regarding integrated pest management planning and implementation to producers operating in priority areas identified under subsection (b).
Marketing
The Secretary may market the availability of integrated pest management tools and training to agricultural producers in the priority areas identified under subsection (b).
Program integration
The Secretary shall set goals for integrating the integrated pest management initiative with the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) and other conservation programs in each priority area identified under subsection (b), including indicators of the extent to which these programs fund integrated pest management practices and the extent to which supported integrated pest management practices reduce pesticide use and risk.
Annual report
The Secretary of Agriculture shall submit to Congress an annual report on the integrated pest management initiative, including progress in meeting the program integration goals set under subsection (c)(5).
Funding
The Secretary of Agriculture may use resources provided for programs under subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.) to implement the integrated pest management initiative.
National organic certification and transition cost share program
Section 10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523) is amended to read as follows:
National organic certification and transition cost share program
In general
Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture (acting through the Natural Resources Conservation Service) shall use $37,500,000 for each of fiscal years 2008 through 2013 to establish a national organic certification and transition cost-share program to assist producers and handlers of agricultural products in obtaining certification under the national organic production program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and to assist producers and handlers in making the transition to organic production under the such program.
Certification costs
In general
The Secretary shall pay under this section a portion of the costs incurred by a producer or handler in obtaining certification under the national organic production program, as certified to and approved by the Secretary.
Maximum amount
The amount of a payment made to a producer or handler for certification under this section shall be $750 per year.
Funding
Of the funds made available under subsection (a), the Secretary (acting through the Agricultural Marketing Service) shall use $2,500,000 for each of the fiscal years 2008 through 2013 to share up to 75 percent of the cost of certification.
Accreditation and enforcement costs
Of the funds made available under subsection (a), the Secretary (acting through the Agricultural Marketing Service) shall use $5,000,000 for each of the fiscal years 2008 through 2013 to fund the accreditation and enforcement programs operated by the National Organic Program to implement the accreditation and enforcement provisions of the Organic Foods Production Act of 1990.
Reimbursements for Infrastructure Necessary to Implement Organic Practice Standards
Establishment
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program to reimburse producers and handlers for the costs of transition to organic production.
Program
Under the program established under paragraph (1), the Secretary (acting through the Natural Resources Conservation Service) shall use $35,000,000 for each of the fiscal years 2008 through 2013 to assist producers and handlers developing and implementing infrastructure and practices necessary to transition land and animals to meet the requirements of the Organic Food Production Act of 1990.
Plan submission
The Secretary may only reimburse a producer or handler under this section if the producer or handler submits to the Secretary an organic transition plan that contains the expected costs for infrastructure and practices, the environmental and economic benefits derived from the infrastructure or implementing organic practice standards, and a demonstration of the existence of a market or the reasonable expectation of a future market for the products to be produced or handled.
Appropriate infrastructure and practice standards
The Secretary shall only reimburse producers and handlers under this subsection for the costs of the following:
Organic practices and activities during transition to certified organic production consistent with an approved plan to transition to certified organic production.
Farm infrastructure necessary to implement organic practice standards, including livestock watering facilities and fencing, so long as such infrastructure is consistent with an approved plan to transition to certified organic production.
Organic livestock welfare measures, so long as such infrastructure or practices and activities are necessary to implement an organic practice standard and are consistent with an approved plan to transition to certified organic production.
Advanced organic practices consistent with approved certified organic production.
Technical assistance, including the costs of developing an approved transition plan under this section.
Other measures the Secretary, after consultation with the National Organic Standards Board, determines are appropriate.
Organic transition technical advice
The Secretary shall consult with the National Organic Standards Board regarding the elements of an approved organic transition plan and to identify and recommend ways that the Secretary may generally use the resources provided for programs under subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.) to facilitate transition to organic production, including the resources provided by the Environmental Quality Incentives Program and the Conservation Security Program.
Maximum amount for transition reimbursement
The maximum amount of reimbursement paid to a producer or handler for transition to organic production under this section shall be $10,000 per fiscal year.
Eligible fiscal years
A producer or handler may only receive payments—
in four fiscal years; and
after the first payment, in the fiscal year in which such payment was made and the three subsequent fiscal years.
Transition Reimbursements
A certified organic producer or handler under the national organic production program shall be eligible for reimbursements to make the transition to organic production for new lands and livestock.
Limitation on reimbursements
The Secretary shall not enroll a producer or handler under this subsection if, for any particular agricultural product, the producers and handlers currently enrolled in the program produce a number of that agricultural product that is greater than 10 percent of the amount of that agricultural product produced by all producers and handlers certified under the Organic Foods Production Act of 1990 on the date of the enactment of this section.
Appeals
An applicant seeking transition assistance under this section has the right to appeal an adverse decision by Secretary with regard to an application for assistance, as provided in section 275 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6995).
Technical Assistance
The Secretary may provide technical assistance to producers and handlers to carry out this section, including entering into cooperative agreements with qualified entities to implement the transition to organic production.
Reporting
Not later than March 1 of each year, the Secretary shall submit to Congress and the National Organic Standards Board a report detailing State-by-State expenditures on certification, including the number of producers and handlers served by the program, and State-by-State expenditures on transition assistance, including the number of producers and handlers served by the program, the practices implemented, an assessment of the impacts of the program on organic production, and recommended reforms, if any.
.
Organic agriculture research and extension initiative
Section 1672B(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(e)) is amended to read as follows:
Funding
Of the funds available to the Commodity Credit Corporation, the Secretary shall use $10,000,000 for each of fiscal years 2008 through 2013 to carry out this section.
.
Funding for education grants programs for Hispanic-serving institutions
Subsection (c) of section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241) is amended to read as follows:
Funding
Of the funds available to the Commodity Credit Corporation, the Secretary shall use $25,000,000 for each fiscal year to carry out this section.
.
Initiative to encourage greater participation by socially disadvantaged farmers and ranchers in conservation programs
Definitions
In this section:
Socially disadvantaged group
The term
socially disadvantaged group
means a group of persons whose
members have been subjected to racial or ethnic prejudice because of their
identity as members of a group without regard to their individual
qualities.
Socially disadvantaged farmer or rancher
The term socially
disadvantaged farmer or rancher
means a farmer or rancher who is a
member of a socially disadvantaged group.
Eligible entity
The term eligible entity
means any of the
following:
Any community-based organization, network, or coalition of community-based organizations that—
has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers or ranchers;
has provided to the Secretary of Agriculture documentary evidence of work with socially disadvantaged farmers or ranchers for not less than a five-year period preceding the submission of an application for assistance under this section; and
does not engage in activities prohibited under section 501(c)(3) of the Internal Revenue Code of 1986.
An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) or a national tribal organization that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers or ranchers in a region.
An 1890 institution or 1994 institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)), including West Virginia State College.
An Indian tribal community college or an Alaska Native cooperative college.
An Hispanic-serving institution (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
Any other institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers or ranchers in a region.
Initiative
With respect to all programs authorized or amended by this title, the Secretary of Agriculture shall establish a conservation initiative for socially disadvantaged farmers or ranchers. With respect to such programs that serve an Indian tribe, the Secretary shall be required to pay the costs of office space to carry out conservation functions authorized under this section.
Special rule for cost-share payments
The Secretary of Agriculture shall pay 100 percent of the costs incurred by a socially disadvantaged farmer or rancher entitled to participate in a program authorized or amended by this title.
Outreach and assistance
The Secretary of Agriculture shall carry out an outreach and technical assistance program to encourage and assist socially disadvantaged farmers or ranchers to participate equitably in the full range of agricultural programs authorized or amended by this title.
Grants and contracts
The Secretary of Agriculture may make grants to, and enter into contracts and other agreements with, an eligible entity to provide information and technical assistance to socially disadvantaged farmers or ranchers so that they can participate equitably in the full range of agricultural programs authorized or amended by this title.
Relationship to other law
The authority to carry out this section shall be in addition to any other authority provided in this or any other Act.
Funding
Availability of funds
The Secretary of Agriculture shall use not less $25,000,000 of the funds of the Commodity Credit Corporation in each of fiscal years 2008 through 2013 to carry out this section.
Interagency funding
In addition to funds made available by paragraph (1), any agency of the Department of Agriculture may participate in any grant, contract, or agreement entered into under this section by contributing funds, if the agency determines that the objectives of the grant, contract, or agreement will further the authorized programs of the contributing agency.
Energy
Definition of biomass
Section 9001(3)(B)(i)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(3)(B)(i))
is amended by inserting and crop waste
after agricultural
crops
.
Support for development of biorefineries
Assistance methods
Subsection (c) of section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) to read as follows:
Assistance
The Secretary shall award grants and make loans and loan guarantees to eligible entities to assist in covering the cost of development and construction of biorefineries to carry out projects to demonstrate the commercial viability of 1 or more processes for converting biomass to fuels or chemicals.
.
Environmental goals
Subsection (e)(2) of such section is amended—
by striking
and
at the end of clause (i);
by redesignating clause (ii) as clause (iii); and
by striking after clause (i) the following new clause:
shall select projects based upon the extent to which the projects meet environmental goals for feed stocks and refineries, developed by the Secretary in consultation with the Secretary of the Interior, the Secretary of Energy, and the National Academy of Sciences; and
.
Cost sharing
Subsection (f) of such section is amended to read as follows:
Cost sharing and interest rates
In general
The combined amount of a grant and loan made or guaranteed under this section shall not exceed 50 percent of the cost of the project.
Form of recipient share
The recipient share of the cost of a project may be made in the form of cash or the provision of services, material, or other in-kind contributions. The amount of the recipient share made in the form of the provision of services, material, or other in-kind contributions shall not exceed 25 percent of the amount of the share determined under paragraph (1).
Interest rate
A loan made under subsection (c) shall bear interest at the rate equivalent to the rate of interest charged on Treasury securities of comparable maturity on the date the loan is approved. The interest rate shall remain in effect for the term of the loan.
.
Energy reserve program
Such section is further amended—
by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and
by inserting after subsection (f) the following new subsection:
Energy reserve program
Program required
Until December 31, 2013, the Secretary shall carry out an energy reserve program under which not more than 100,000 acres of land may be enrolled through the use of five-year contracts to assist owners and operators with the production of feed stocks for the projects carried out pursuant to this section.
Eligible lands
The Secretary may include any land, regardless of a cropping history, so long as the feed stock is produced and harvested consistent with the needs of the environment, as provided in paragraph (3).
Duties of owners and operators
Under a contract entered into under this subsection, an owner or operator of land shall implement a feed stock conservation plan to ensure that lands enrolled are managed consistent with the needs of the environment, including the needs of wildlife. Paragraphs (5) and (6) of section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 3832(a)) shall apply to the contracts
Payments
The Secretary shall provide annual rental payments to owners and operators of lands of amounts not greater than $25,000 for any fiscal year, and shall establish the amounts of payments through—
the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or
such other means as the Secretary determines are appropriate.
.
Funding
Subsection (i) of such section, as amended by subsection (d)(1), is amended to read as follows:
Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $100,000,000 for each of fiscal years 2008 through 2013.
.
Conforming amendments
Such section is further amended—
in the section
heading, by striking grants
;
in subsection (c),
by striking a grant
and inserting assistance
;
and
in
subsection (e), by striking grants
both places it appears and
inserting assistance
.
Reauthorization of energy audit and renewable energy development program
Section 9005(i) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8105(f)) is amended by striking
fiscal years 2002 through 2007
and inserting fiscal years
2008 through 2013
.
Reauthorization of and increased funding for renewable energy systems and energy efficiency improvements program
Subsection (f) of section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) is amended to read as follows:
Funding
Availability of funds
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section the following amounts:
$60,000,000 for fiscal year 2008.
$90,000,000 for fiscal year 2009.
$130,000,000 for fiscal year 2010.
$180,000,000 for fiscal year 2011.
$250,000,000 for fiscal year 2012.
Duration
Funds made available under paragraph (1) shall remain available until expended.
.
Reauthorization of Department of Agriculture bioenergy program
Subsection (c) of section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108) is amended:
Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section not more than $150,000,000 for each of fiscal years 2008 through 2013.
.
Reauthorization of and increased funding for biomass research and development
Section 310 of the Biomass Research and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106–224) is amended to read as follows:
Funding
Funding
Of funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this title—
$15,000,000 for fiscal year 2008; and
$25,000,000 for each of fiscal years 2009 through 2013.
Authorization of Appropriations
In addition to amounts transferred under subsection (a), there are authorized to be appropriated to carry out this title $200,000,000 for each of fiscal years 2006 through 2015.
Availability of funds
Amounts made available under subsection (a) or appropriated pursuant to the authorization of appropriations in subsection (b) shall remain available until expended.
.
Reauthorization of carbon cycle research
Research conducted through Consortium for Agricultural Soils Mitigation of Greenhouse Gases
Participants in consortium
Subsection (b) of section 221 of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 6711) is amended by striking
are
in the matter preceding paragraph (1) and inserting
include
.
Authorization of appropriations
Subsection (g)
of such section is amended by striking fiscal years 2002 through
2007
and inserting fiscal years 2007 through
2012
.
Cooperative research projects
Subsection
(d)(4) of such section is amended by striking fiscal years 2002 through
2007
and inserting fiscal years 2008 through
2013
.
Extension projects
Subsection (e)(3) of
such section is amended by striking fiscal years 2002 through
2007
and inserting fiscal years 2008 through
2013
.
Healthy Food Choices
Reauthorization of and increased funding for community food project grants
Reauthorization and funding
Subsection (b) of section 25 of the Food Stamp Act of 1977 (7 U.S.C. 2034) is amended—
in paragraph (1),
by striking From amounts made available to carry out this Act, the
Secretary may
and inserting The Secretary shall
;
and
by striking paragraph (2) and inserting the following new paragraph:
Funding amounts
From amounts made available to carry out this Act, the Secretary shall use $20,000,000 for each of fiscal years 2008 through 2013 to make grants under this section.
.
Conforming amendment
Subsection (h)(4) of such section is amended by
striking fiscal years 2003 through 2007
and inserting
fiscal years 2008 through 2013
.
Expansion of fresh fruit and vegetable program
Expansion of program
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended in subsection (g)(1)—
in the matter preceding subparagraph (A)—
by striking
For the school year beginning July 2004 and each subsequent school
year,
and inserting For each school year,
; and
by striking
to—
and inserting as follows:
;
in each of subparagraphs (A), (B), and (C),
by inserting Starting with the school year beginning July 2004,
to
before 25 elementary or secondary schools
;
in subparagraph (A), by striking the semicolon and inserting a period;
in subparagraph
(B), by striking ; and
and inserting a period; and
by adding at the end the following:
Starting with the school year beginning July 2007, to 100 elementary or secondary schools in each State.
.
Funding
Such section is further amended in subsection (g)(6)(B)(i)—
by inserting after
thereafter
the following: through October 1,
2006
; and
by adding at the
end the following: On October 1, 2007, and on each October 1 thereafter,
the Secretary of the Treasury shall transfer to the Secretary of Agriculture to
carry out this subsection $200,000,000, to remain available until
expended.
.
Authorization level for farm-to-cafeteria activities
Section 18 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769) is amended in subsection (i)(2) by
striking such sums as are necessary
and all that follows through
the period at the end and inserting to carry out this subsection
$20,000,000 for each of fiscal years 2008 through 2013.
.
Extension of WIC farmer’s market nutrition program
Section 17(m)(9)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(9)(A)) is amended—
in clause (i), by
striking 2009
and inserting 2013
; and
by striking clause (ii) and inserting the following:
Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this subsection $20,000,000 for fiscal year 2008, $30,000,000 for fiscal year 2009, $45,000,000 for fiscal year 2010, $60,000,000 for fiscal year 2011, and $75,000,000 for fiscal year 2012 and each fiscal year thereafter. Such funds shall remain available until expended.
.
Senior farmers’ market nutrition program
Section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is amended—
in subsection (a)
by striking $5,000,000
and all that follows through
2007
, and inserting $20,000,000 for fiscal year 2008,
$30,000,000 for fiscal year 2009, $45,000,000 for fiscal year 2010, $60,000,000
for fiscal year 2011, and $75,000,000 for fiscal year 2012 and each fiscal year
thereafter
, and
in subsection (b)—
in paragraph (2)
by striking and
at the end,
in paragraph (3) by
striking the period at the end and inserting ; and
, and
by adding at the end the following:
to promote the transition to organic and other environmentally beneficial food production systems.
.
Farmers’ market promotion program
Subsections (d) and (e) of section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005) are amended to read as follows:
Criteria and Guidelines
In general
The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under the Program.
Priority
The Secretary shall prioritize for funding projects that will support, encourage, or promote the transition to organic and other environmentally beneficial forms of agricultural production.
Funding
The Secretary shall use $20,000,000 of funds of the Commodity Credit Corporation to carry out this section in each of the fiscal years 2008 through 2013.
.