HR 6064 - Healthy Farms, Foods, and Fuels Act of 2006

109th CONGRESS
2d Session

H. R. 6064

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.

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Healthy Farms, Foods, and Fuels Act of 2006'.

(b) 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.

TITLE I--CONSERVATION

SEC. 101. CONSERVATION RESERVE PROGRAM.

(a) Extension-

(1) FUNDING EXTENSION- Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended--

(A) in the matter preceding paragraph (1), by striking `2007' and inserting `2013'; and

(B) in paragraph (1), by striking `The' and inserting `For each of fiscal years 2002 through 2013, the'.

(2) CONFORMING AMENDMENTS- Section 1231 of such Act (16 U.S.C. 3831) is amended--

(A) in subsection (a), by striking `2007' and inserting `2013';

(B) in subsection (d), by striking `2007' and inserting `2013';

(D) in subsection (h)(1), by striking `2007' and inserting `2013'.

(b) Eligible Land- Section 1231(b) of such Act (16 U.S.C. 3831(b)) is amended--

(1) by striking the period at the end of paragraph (1) and inserting a semicolon;

(2) in paragraph (4), by striking `or' at the end of subparagraph (C);

(3) by striking the period at the end of paragraph (5) and inserting a semicolon; and

(4) by adding at the end the following new paragraphs:

`(6) 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

`(7) 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.'.

(1) by striking `The Secretary' and inserting:

`(1) ACREAGE AUTHORIZED- The Secretary'; and

(2) by adding at the end the following new paragraph:

`(2) 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--

`(A) to enroll not less than 7,000,000 acres of eligible land through the continuous enrollment program and the conservation reserve enhancement program; and

`(B) to maintain enrollment of at least 7,800,000 acres in the Prairie Pothole Region National Conservation Priority Area.'.

(d) Balance of Natural Resource Purposes- Section 1231(j) of such Act (16 U.S.C. 3831(j)) is amended--

(1) by striking `In determining' and inserting the following:

`(1) EQUITABLE BALANCE OF CONSERVATION PURPOSES- In determining';

(2) by striking the period at the end and inserting `, but need not balance all conservation purposes with respect to each particular contract offer.'; and

(3) by adding at the end the following new paragraph:

`(2) 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.'.

(e) Duties of Participants- Section 1232(a) of such Act (16 U.S.C. 3832(a)) is amended--

(1) in paragraph (4)--

(A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and

(B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph:

`(A) approved vegetative cover shall not include vegetative cover inappropriate to the locale;';

(2) by redesignating paragraphs (5) through (10) as paragraphs (6) through (11), respectively;

(3) by inserting after paragraph (4) the following new paragraph:

`(5) 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

(4) 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'.

(f) Conservation Plan- Section 1232(b)(1) of such Act (16 U.S.C. 3832(b)(1)) is amended--

(1) in subparagraph (A), by striking `; and' and inserting `, including appropriate management activities required by subsection (a)(5);' and

(2) by adding at the end the following new subparagraph:

`(C) 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'.

(g) Cost-Share and Management Assistance- Section 1234(b) of such Act (16 U.S.C. 3834(b)) is amended--

(1) 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

(2) by adding at the end the following new paragraph:

`(6) 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.'.

(h) Acceptance of Contract Offers- Section 1234(c)(3) of such Act (16 U.S.C. 3834(c)(3)) is amended--

(1) by striking `In determining' and inserting the following:

`(A) MAXIMIZING ENVIRONMENTAL BENEFITS- In determining';

(2) by striking `may' and all that follows through `take into consideration' and inserting `shall take into consideration';

(3) 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.';

(4) by striking `(B) establish' and inserting the following:

`(B) FLEXIBILITY- The Secretary may establish';

(5) by striking `abated.' and inserting `abated, in order to more effectively address specific State or regional resource concerns and conservation priorities.'; and

(6) by adding at the end the following new subparagraph:

`(C) 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.'.

(i) 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.'.

SEC. 102. WETLANDS RESERVE PROGRAM.

(a) Extension-

(1) 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'.

(2) CONFORMING AMENDMENT- Section 1237(c) of such Act (16 U.S.C. 3837(c)) is amended by striking `2007' and inserting `2013'.

(b) Maximum and Yearly Enrollment- Section 1237(b)(1) of such Act (16 U.S.C. 3837(b)(1)) is amended--

(1) by striking `2,275,000 acres' and inserting `5,000,000 acres'; and

(2) 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'.

(c) 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'.

(d) Cost-Share and Management Assistance- Section 1237C of such Act (16 U.S.C. 3837c) is amended--

(1) in subsection (a)(1), by inserting `including management activities,' after `values,'; and

(2) in subsection (b), by adding at the end the following new paragraph:

`(4) 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.'.

SEC. 103. CONSERVATION SECURITY PROGRAM.

(a) 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'.

(b) 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'.

(1) in paragraph (4)--

(A) by redesignating subparagraphs (R) and (S) as subparagraphs (S) and (T), respectively; and

(B) by inserting after subparagraph (Q), the following new subparagraph:

`(R) enhancement of in-stream flows;';

(2) in paragraph (5)--

(A) in the matter preceding subparagraph (A), by striking `paragraph (6)' and inserting `paragraph (7)';

(B) in subparagraph (A)(ii)(I), by striking `1 significant resource' and inserting `2 significant resources'; and

(3) by redesignating paragraph (6) as paragraph (7); and

(4) by inserting after paragraph (5) the following new paragraph:

`(6) 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.'.

(d) Contract Renewal- Section 1238A(e)(4) of such Act (16 U.S.C. 3838a(e)(4)) is amended----

(1) in subparagraph (A), by striking `subparagraph (B)' and inserting `subparagraphs (B), (C), and (D)'; and

(2) by striking subparagraph (B) and inserting the following new subparagraphs:

`(B) TIER I RENEWALS- In the case of land enrolled under a Tier I conservation security contract of a producer, the producer may--

`(i) 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

`(ii) 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.

`(C) TIER II RENEWALS- In the case of land enrolled under a Tier II conservation security contract of a producer, the producer may--

`(i) 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

`(ii) 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.

`(D) 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.'.

(e) 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.'.

(f) 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:

`(4) 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.'.

(g) Enrollment Procedures- Subsection (f) of section 1238C of such Act (16 U.S.C. 3838c) is amended to read as follows:

`(f) Enrollment Procedures-

`(1) 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.

`(2) CONTINUOUS ENROLLMENT FOR TIER III CONTRACTS- The Secretary shall enroll lands that meet Tier III enrollment criteria on a continuous basis.

`(3) 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.'.

(h) Technical Assistance- Subsection (f) of section 1238C of such Act (16 U.S.C. 3838c) is amended to read as follows:

`(g) Technical Assistance-

`(1) 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.

`(2) 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.'.

SEC. 104. REAUTHORIZATION OF AND INCREASED ENROLLMENT AUTHORITY FOR GRASSLAND RESERVE PROGRAM.

(a) 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:

`(5) For each of fiscal years 2002 through 2013, the grassland reserve program under subchapter C of chapter 2.'.

(b) Maximum Enrollment and Limitation on Use of Rental Agreements- Subsection (b) of section 1238N of such Act (16 U.S.C. 3838N) is amended--

(1) in paragraph (1), by striking `2,000,000 acres' and inserting `5,000,000 acres'; and

(2) by striking paragraph (3) and inserting the following new paragraph:

`(3) 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.'.

`(4) 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.'.

(d) Equity for Pasture-Based Operations- Such section is further amended by adding at the end the following new subsection:

`(d) 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.'.

SEC. 105. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

(a) Extension-

(1) 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:

`(6) 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.'.

(2) CONFORMING AMENDMENTS- Section 1240B of such Act is amended (16 U.S.C. 3839aa-2)--

(A) in subsection (a)(1), by striking `2010' and inserting `2013'; and

(B) in subsection (g), by striking `2007' and inserting `2013'.

(b) Purposes- Section 1240 of such Act (16 U.S.C. 3839aa) is amended--

(1) in paragraph (2), by inserting `, conserving energy,' after `resources'; and

(2) in paragraph (3), by inserting `and conserve energy,' after `wildlife'.

`(c) 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).'.

(d) 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:

`SEC. 1240C. EVALUATION OF APPLICATIONS FOR COST-SHARE PAYMENTS AND INCENTIVE PAYMENTS.

`In evaluating applications for cost-share payments and incentive payments, the Secretary shall--

`(1) 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;

`(2) prioritize applications based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;

`(3) reward higher levels of environmental performance, such as advanced levels of management within land management practices;

`(4) develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed; and

`(5) prioritize applications that will improve environmental performance on existing operations.'.

(e) Conservation Innovation Grants- Section 1240H of such Act (16 U.S.C. 3839aa-8) is amended--

(1) in subsection (a), by striking `may' and inserting `shall';

(2) in subsection (b)--

(A) by striking `may' and inserting `shall';

(B) by striking `and' at the end of paragraph (2);

(D) by adding at the end the following new paragraph:

`(4) include a plan for technology transfer.'; and

(3) by adding at the end the following new subsections:

`(d) 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.

`(e) 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:

`(1) 40,000,000 for fiscal year 2008.

`(2) 50,000,000 for fiscal year 2009.

`(3) 60,000,000 for fiscal year 2010.

`(4) 75,000,000 for each of fiscal years 2011 through 2013.'.

(f) 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:

`(c) 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.'.

(g) 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:

`SEC. 1240J. PROMOTION OF FOREST STEWARDSHIP PRACTICES.

`(a) 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--

`(1) improve water quality;

`(2) improve habitat for at-risk species;

`(3) restore ecologically important forest types; or

`(4) control invasive species.

`(b) 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).

`(c) Funding-

`(1) AMOUNTS- The Secretary shall use funds of the Commodity Credit Corporation to carry out this section in the following amounts:

`(A) $25,000,000 for fiscal year 2008;

`(B) $45,000,000 for fiscal year 2009;

`(C) $60,000,000 for fiscal year 2010;

`(D) $75,000,000 million for each of fiscal years 2011 and 2012; and

`(E) $100 million for fiscal year 2013.

`(2) 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.

`SEC. 1240K. PERFORMANCE INCENTIVES FOR STATES.

`(a) 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.

`(b) Special Considerations- In evaluating State performance under subsection (a), the Secretary shall reward States that--

`(1) consistently meet the requirements of section 1240C in evaluating offers and payments;

`(2) dedicate a portion of their annual environmental quality incentives program allocation to multi-producer cooperative efforts to address specific resource concerns;

`(3) 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;

`(4) 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;

`(5) support and encourage innovative approaches to addressing resource concerns; and

`(6) 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.'.

SEC. 106. REAUTHORIZATION OF AND INCREASED FUNDING FOR WILDLIFE HABITAT INCENTIVE PROGRAM.

(a) 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:

`(A) $85,000,000 in fiscal year 2007;

`(B) $100,000,000 in fiscal year 2008;

`(C) $140,000,000 in fiscal year 2009;

`(D) $200,000,000 in each of fiscal years 2010 and 2011; and

`(E) $300,000,000 in each of fiscal years 2012 and 2013.'.

(b) 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:

`(d) 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.'.

(c) 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:

`(e) Development of Fish Habitat-

`(1) 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--

`(A) to protect streamside areas, including through the installation of riparian fencing and improved stream crossings;

`(B) to repair in-stream habitat;

`(C) to improve water flows and water quality, including through channel restoration;

`(D) to initiate watershed management and planning in areas in which streams are in a degraded condition due to past agricultural or forestry practices; and

`(E) to undertake other types of stream habitat improvement approved by the Secretary.

`(2) 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--

`(A) to remove a small dam or in-stream structure;

`(B) to improve fish passage, including through culvert repair and maintenance;

`(C) to protect streamside areas;

`(D) to improve water flows, including through irrigation efficiency improvements; or

`(E) to improve in-stream flow quality or timing or temperature regimes.

`(3) 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.'.

SEC. 107. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.

(a) 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:

`CHAPTER 6--COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE

`SEC. 1240W. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.

`(a) 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.

`(b) Covered Programs- The conservation programs referred to in subsection (a) are the following:

`(1) Farmland protection program.

`(2) Grassland reserve program.

`(3) Environmental quality incentives program.

`(4) Ground and surface water conservation program.

`(5) Wildlife habitat incentive program.

`(c) Eligible Partners- Agreements may be entered into under this section with any of the following (or a combination thereof):

`(1) States and agencies of States.

`(2) Political subdivisions of States, including State-sponsored conservation districts.

`(3) Indian tribes.

`(4) Nongovernmental organizations and associations, including conservation organizations and producer associations and cooperatives.

`(d) Applications-

`(1) 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).

`(2) PROGRAM ALLOCATION- Applications shall include--

`(A) 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

`(B) a schedule for utilization of funding or acres over the life of the proposed project or initiative.

`(e) Evaluation Criteria- In evaluating applications for agreements under this section the Secretary shall consider the extent to which--

`(1) preferential enrollment in the covered programs specified in the application will effectively address the environmental objectives established for the special project or initiative; and

`(2) the special project or initiative covered by the application--

`(A) 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;

`(B) includes clear environmental objectives and a high likelihood of success;

`(C) 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;

`(D) promises adequate and coordinated participation to achieve the objectives of the project or initiative;

`(E) coordinates integration of local, State, and Federal efforts to make the best use of available resources and maximize cost-effective investments;

`(F) 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;

`(G) 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;

`(H) 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;

`(I) 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;

`(J) includes a plan to evaluate progress and measure results; and

`(K) 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.

`(f) 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--

`(1) 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;

`(2) 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);

`(3) 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;

`(4) 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;

`(5) to control invasive species on rangeland or other agricultural land through the cooperative efforts of multiple producers in a geographical area;

`(6) to address a specific resource concern or set of concerns on private, non-industrial forest land;

`(7) 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

`(8) to keep working farms and ranches facing development pressures in agricultural use.

`(g) 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.

`(h) Cost Share-

`(1) 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.

`(2) 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.

`(i) 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.

`(j) Funding-

`(1) 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.

`(2) 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.

`(3) 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.'.

(b) Conforming Repeal- Section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) is amended by striking subsection (f).

SEC. 108. 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:

`(d) 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.'.

SEC. 109. EXCLUSION OF PAYMENTS UNDER DEPARTMENT OF AGRICULTURE CONSERVATION PROGRAMS FROM ADJUSTED GROSS INCOME LIMITATION.

(a) 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).

(b) Duration of Adjusted Gross Income Limitation- Such section is further amended by striking subsection (e).

SEC. 110. REAUTHORIZATION OF AND ADDITIONAL FUNDING FOR AGRICULTURAL MANAGEMENT ASSISTANCE PROGRAM.

(a) Reauthorization- Subsection (b)(4)(B) of section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524) is amended--

(1) in clause (ii), by striking `fiscal years 2003 through 2007' and inserting `fiscal years 2008 through 2013'; and

(2) in clause (iii), by striking `fiscal years 2004 through 2007' and inserting `fiscal years 2008 through 2013'.

(b) Funding Levels- Such subsection is further amended--

(1) in clause (ii), by striking `$20,000,000' and inserting `$40,000,000'; and

(2) in clause (iii)--

(A) in subclause (I), by striking `$14,000,000' and inserting `$28,000,000';

(B) in subclause (II), by striking `$1,000,000' and inserting `$2,000,000'; and

SEC. 111. 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:

`SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM.

`(a) Definitions- In this section:

`(1) COMMITTEE- The term `Committee' means a State Forest Stewardship Coordinating Committee established under section 19(b).

`(2) ELIGIBLE ENTITY- The term `eligible entity' means a unit of local government or a nonprofit organization that--

`(A) the Secretary determines, in accordance with the criteria established under subsection (c)(2)(B) is eligible to receive a grant under subsection (d); and

`(B) the State forester, in consultation with the Committee, determines--

`(i) has the abilities necessary to acquire and manage interests in real property; and

`(ii) has the resources necessary to monitor and enforce any terms applicable to the eligible project.

`(3) 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).

`(4) 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).

`(5) NONPROFIT ORGANIZATION- The term `nonprofit organization' means any organization that is--

`(A) described in section 501(c) of the Internal Revenue Code of 1986; and

`(B) exempt from taxation under 501(a) of the Internal Revenue Code of 1986.

`(6) PRIVATE FOREST LAND- The term `private forest land' means land that--

`(A) consists of at least 50 percent forest cover, with the remainder made up of--

`(i) compatible non-forest uses, including cultivated farmlands, pastures, orchards, shrub lands, grasslands, wetlands, or open waters; or

`(ii) preexisting structures that are inseparable from the landholding and do not have a detrimental effect on conservation values;

`(B) is capable of producing commercial forest products; and

`(C) is owned by a private entity or an Indian tribe.

`(7) PROGRAM- The term `program' means the Suburban and Community Forestry and Open Space Program established by subsection (b).

`(8) 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.

`(9) SECRETARY- The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service.

`(b) 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--

`(1) conserve private forest land and maintain working forests in suburban areas;

`(2) provide communities a means by which to create community forests; and

`(3) support primary and secondary value-added forest products industries and employment in areas threatened by conversion of forest land to nonforest uses.

`(c) Identification of Eligible Private Forest Land and Entities-

`(1) NATIONAL CRITERIA- The Secretary shall establish national criteria--

`(A) for the identification of private forest land eligible for conservation under the program; and

`(B) for the identification of eligible entities.

`(2) CONDITIONS FOR ELIGIBLE PRIVATE FOREST LAND- Private forest land identified for conservation using the criteria established under paragraph (2)(A) shall be land that--

`(A) is located in a State in which less than 25 percent of the land is owned by the United States;

`(B) is appropriate for conservation under a comprehensive plan for development adopted by the relevant local government; and

`(C) is determined by the relevant local government to be located in an area threatened by conversion of forest land to nonforest uses.

`(d) Grant Program-

`(1) GRANTS FOR ELIGIBLE PROJECTS- In carrying out the program, the Secretary shall award competitive grants to eligible entities to carry out eligible projects.

`(2) 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.

`(e) Application and Stewardship Plan-

`(1) SUBMISSION- An eligible entity that seeks to receive a grant under the program shall submit to the appropriate State forester and relevant local government--

`(A) 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

`(B) a stewardship plan that describes--

`(i) the manner in which any private forest land to be conserved using funds from the grant will be managed in accordance with this section;

`(ii) the manner in which the stewardship plan will be implemented; and

`(iii) the public benefits, including economic and noneconomic benefits, to be achieved from implementation of the stewardship plan.

`(2) ASSESSMENT OF NEED- With respect to an application submitted under paragraph (1)(A), the State forester shall--

`(A) 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;

`(B) 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

`(C) if approved by the relevant local government, submit the application and the assessment of need to the Secretary.

`(f) Review of Applications-

`(1) 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--

`(A) award a grant to the applicant; or

`(B) 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.

`(2) CONSIDERATIONS; PRIORITY- In awarding grants under the program, the Secretary shall--

`(A) 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);

`(B) give priority to applicants that propose to fund eligible projects that promote--

`(i) the preservation of suburban forest land;

`(ii) the creation of community forests;

`(iii) the sustainable management of private forest land;

`(iv) community involvement in determining the objectives for eligible projects that are funded under this section;

`(v) primary and secondary value-added forest products industries and employment;

`(vi) the protection of water, wildlife, scenic, and recreational resources on private forest lands; and

`(vii) the protection of forestlands recognized as conservation priorities within Federal, regional, State, or local watershed, open space, or other resource protection plans; and

`(C) 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.

`(g) Cost Sharing-

`(1) 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.

`(2) 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.

`(3) 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).

`(h) Use of Grant Funds for Purchases of Land or Easements-

`(1) PURCHASES-

`(A) 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.

`(B) 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.

`(2) 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) a State;

`(B) a unit of local government; or

`(C) a nonprofit organization.

`(3) 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--

`(A) the unit of local government or nonprofit organization is unable or unwilling to enforce the terms of the conservation easement; or

`(B) the conservation easement has been modified in a way that is inconsistent with the purposes of the program.

`(4) 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.

`(i) 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.

`(j) 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)).

`(k) 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.

`(l) Private Property Protections-

`(1) ACCESS- Nothing in this section--

`(A) requires a private property owner to permit public access (including Federal, State, or local government access) to private property; or

`(B) modifies any provision of Federal, State, or local law with regard to public access to, or use of, private land.

`(2) 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.

`(3) RECOGNITION OF AUTHORITY TO CONTROL LAND USE- Nothing in this section modifies any authority of Federal, State, or local governments to regulate land use.

`(4) PARTICIPATION OF PRIVATE PROPERTY OWNERS- Nothing in this section requires a private property owner to participate in private forest conservation under this section.'.

SEC. 112. FARMLAND PROTECTION AND FARM VIABILITY PROGRAMS.

(a) 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:

`(2) ELIGIBLE LAND- The term `eligible land' means land on a farm or ranch that is--

`(A) cropland;

`(B) rangeland;

`(C) grassland;

`(D) pasture land; or

`(E) forest land that is an incidental part of an agricultural operation, as determined by the Secretary.'.

(b) Qualified State or Local Entity Defined- Such section is further amended--

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new paragraph:

`(4) 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--

`(A) 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;

`(B) 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

`(C) 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.'.

`SEC. 1238I. FARMLAND PROTECTION.

`(a) 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.

`(b) 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.

`(c) Grants-

`(1) 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.

`(2) 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.

`(3) 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.

`(d) Grant Agreements-

`(1) 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.

`(2) 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:

`(A) 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.

`(B) 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.

`(C) No Federal contingent right of enforcement or reversionary interest in a conservation easement or other purchase of an interest in land shall be required.

`(e) 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.

`(f) 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.

`(g) Cost Sharing-

`(1) 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--

`(A) 50 percent of the appraised fair market value of the conservation easement or other interest in eligible land; or

`(B) 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.

`(2) 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.

`(3) 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.'.

(d) 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:

`(4) 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.'.

(e) Farm Viability Program-

(1) 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'.

(2) FUNDING- Subsection (b) of such section is amended to read as follows:

`(b) 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).'.

SEC. 113. HEALTHY FORESTS RESERVE PROGRAM.

(a) 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:

`(C) a permanent easement.'.

(b) Funding- Section 508 of such Act (16 U.S.C. 6578) is amended to read as follows:

`SEC. 508. FUNDING FOR HEALTHY FORESTS RESERVE PROGRAM.

`(a) 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.

`(b) 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).'.

SEC. 114. INTEGRATED PEST MANAGEMENT INITIATIVE.

(a) 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.

(b) Identification of Priority Areas-

(1) 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.

(2) 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.

(1) 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.

(2) 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.

(3) 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).

(4) 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).

(5) 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.

(d) 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).

(e) 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.

SEC. 115. 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:

`SEC. 10606. NATIONAL ORGANIC CERTIFICATION AND TRANSITION COST SHARE PROGRAM.

`(a) 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.

`(b) Certification Costs-

`(1) 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.

`(2) MAXIMUM AMOUNT- The amount of a payment made to a producer or handler for certification under this section shall be $750 per year.

`(3) 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.

`(c) 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.

`(d) Reimbursements for Infrastructure Necessary to Implement Organic Practice Standards-

`(1) 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.

`(2) 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.

`(3) 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.

`(4) APPROPRIATE INFRASTRUCTURE AND PRACTICE STANDARDS- The Secretary shall only reimburse producers and handlers under this subsection for the costs of the following:

`(A) Organic practices and activities during transition to certified organic production consistent with an approved plan to transition to certified organic production.

`(B) 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.

`(C) 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.

`(D) Advanced organic practices consistent with approved certified organic production.

`(E) Technical assistance, including the costs of developing an approved transition plan under this section.

`(F) Other measures the Secretary, after consultation with the National Organic Standards Board, determines are appropriate.

`(5) 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.

`(6) 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.

`(7) ELIGIBLE FISCAL YEARS- A producer or handler may only receive payments--

`(A) in four fiscal years; and

`(B) after the first payment, in the fiscal year in which such payment was made and the three subsequent fiscal years.

`(8) 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.

`(9) 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.

`(10) 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).

`(e) 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.

`(f) 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.'.

SEC. 116. 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:

`(e) 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.'.

SEC. 117. 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:

`(c) 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.'.

SEC. 118. INITIATIVE TO ENCOURAGE GREATER PARTICIPATION BY SOCIALLY DISADVANTAGED FARMERS AND RANCHERS IN CONSERVATION PROGRAMS.

(a) Definitions- In this section:

(1) 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.

(2) 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.

(3) ELIGIBLE ENTITY- The term `eligible entity' means any of the following:

(A) Any community-based organization, network, or coalition of community-based organizations that--

(i) has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers or ranchers;

(ii) 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

(iii) does not engage in activities prohibited under section 501(c)(3) of the Internal Revenue Code of 1986.

(B) 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.

(C) 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.

(D) An Indian tribal community college or an Alaska Native cooperative college.

(E) 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)).

(F) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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 amende