"(ii)(I) a 30-year rental agreement or permanent or 30-year easement; or "(II) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law. "(B) WAIVER.-The Secretary may enroll in the program such parcels of land that are less than 40 acres as the Secretary determines are appropriate to achieve the purposes of the program. "(3) LIMITATION ON USE OF EASEMENTS AND RENTAL AGREEMENTS. Of the total amount of funds expended under the program to acquire easements and rental agreements described in paragraph (2)(A)— "(A) not more than 40 percent shall be used for rental agreements described in paragraph (2)(A)(i); and "(B) not more than 60 percent shall be used for easements and rental agreements described in paragraph (2)(A)(ii). "(c) ELIGIBLE LAND.-Land shall be eligible to be enrolled in the program if the Secretary determines that the land is private land that is "(1) grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland); or "(2) land that— "(A) is located in an area that has been historically dominated by grassland, forbs, or shrubland; and "(B) has potential to serve as habitat for animal or "(i) retained in the current use of the land; or “(3) land that is incidental to land described in paragraph (1) or (2), if the incidental land is determined by the Secretary to be necessary for the efficient administration of an agreement or easement. "SEC. 12380. REQUIREMENTS RELATING TO EASEMENTS AND AGREE MENTS. “(a) REQUIREMENTS OF LANDOWNER.— “(1) IN GENERAL.-To be eligible to enroll land in the program through the grant of an easement, the owner of the land shall enter into an agreement with the Secretary "(A) to grant an easement that applies to the land to the Secretary; "(B) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement; "(C) to provide a written statement of consent to the easement signed by persons holding a security interest or any vested interest in the land; "(D) to provide proof of unencumbered title to the underlying fee interest in the land that is the subject of the easement; and "(E) to comply with the terms of the easement and restoration agreement. 16 USC 38380. "(2) AGREEMENTS.-To be eligible to enroll land in the program under an agreement, the owner or operator of the land shall agree "(A) to comply with the terms of the agreement (including any related restoration agreements); and "(B) to the suspension of any existing cropland base and allotment history for the land under a program administered by the Secretary. "(b) TERMS OF EASEMENT OR RENTAL AGREEMENT.-An easement or rental agreement under subsection (a) shall— "(1) permit “(A) common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species common to that locality; "(B) subject to appropriate restrictions during the nesting season for birds in the local area that are in significant decline or are conserved in accordance with Federal or State law, as determined by the Natural Resources Conservation Service State conservationist, haying, mowing, or harvesting for seed production; and "(C) fire rehabilitation and construction of fire breaks and fences (including placement of the posts necessary for fences); "(2) prohibit "(A) the production of crops (other than hay), fruit trees, vineyards, or any other agricultural commodity that requires breaking the soil surface; and "(B) except as permitted under this subsection or subsection (d), the conduct of any other activity that would disturb the surface of the land covered by the easement or rental agreement; and "(3) include such additional provisions as the Secretary determines are appropriate to carry out or facilitate the administration of this subchapter. "(c) EVALUATION AND RANKING OF EASEMENT AND RENTAL AGREEMENT APPLICATIONS. "(1) IN GENERAL.-The Secretary shall establish criteria to evaluate and rank applications for easements and rental agreements under this subchapter. "(2) CONSIDERATIONS.-In establishing the criteria, the Secretary shall emphasize support for "(A) grazing operations; "(B) plant and animal biodiversity; and "(C) grassland, land that contains forbs, and shrubland under the greatest threat of conversion. "(d) RESTORATION AGREEMENTS. “(1) IN GENERAL.-The Secretary shall prescribe the terms of a restoration agreement by which grassland, land that contains forbs, or shrubland that is subject to an easement or rental agreement entered into under the program shall be restored. "(2) REQUIREMENTS.-The restoration agreement shall describe the respective duties of the owner and the Secretary (including the Federal share of restoration payments and technical assistance). "(e) VIOLATIONS.-On a violation of the terms or conditions of an easement, rental agreement, or restoration agreement entered into under this section "(1) the easement or rental agreement shall remain in force; and "(2) the Secretary may require the owner to refund all or part of any payments received by the owner under this subchapter, with interest on the payments as determined appropriate by the Secretary. "SEC. 1238P. DUTIES OF SECRETARY. "(a) IN GENERAL.-In return for the granting of an easement, or the execution of a rental agreement, by an owner under this subchapter, the Secretary shall, in accordance with this section"(1) make easement or rental agreement payments to the owner in accordance with subsection (b); and "(2) make payments to the owner for the Federal share of the cost of restoration in accordance with subsection (c). "(b) PAYMENTS. "(1) EASEMENT PAYMENTS.— "(A) AMOUNT.-In return for the granting of an easement by an owner under this subchapter, the Secretary shall make easement payments to the owner in an amount equal to “(i) in the case of a permanent easement, the fair market value of the land less the grazing value of the land encumbered by the easement; and "(ii) in the case of a 30-year easement or an easement for the maximum duration allowed under applicable State law, 30 percent of the fair market value of the land less the grazing value of the land for the period during which the land is encumbered by the easement. "(B) SCHEDULE.-Easement payments may be provided in not less than 1 payment nor more than 10 annual payments of equal or unequal amount, as agreed to by the Secretary and the owner. "(2) RENTAL AGREEMENT PAYMENTS.-In return for entering into a rental agreement by an owner under this subchapter, the Secretary shall make annual payments to the owner during the term of the rental agreement in an amount that is not more than 75 percent of the grazing value of the land covered by the contract. "(c) FEDERAL SHARE OF RESTORATION.-The Secretary shall make payments to an owner under this section of not more than― "(1) in the case of grassland, land that contains forbs, or shrubland that has never been cultivated, 90 percent of the costs of carrying out measures and practices necessary to restore functions and values of that land; or "(2) in the case of restored grassland, land that contains forbs, or shrubland, 75 percent of those costs. "(d) PAYMENTS TO OTHERS.-If an owner that is entitled to a payment under this subchapter dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations promulgated by the Secretary and without regard to any other 16 USC 3838p. 16 USC 3838q. Deadline. provision of law, in such manner as the Secretary determines is fair and reasonable in light of all the circumstances. "SEC. 1238Q. DELEGATION TO PRIVATE ORGANIZATIONS. "(a) IN GENERAL.-The Secretary may permit a private conservation or land trust organization (referred to in this section as a 'private organization') or a State agency to hold and enforce an easement under this subchapter, in lieu of the Secretary, subject to the right of the Secretary to conduct periodic inspections and enforce the easement, if— "(1) the Secretary determines that granting the permission will promote protection of grassland, land that contains forbs, and shrubland; "(2) the owner authorizes the private organization or State agency to hold and enforce the easement; and "(3) the private organization or State agency agrees to assume the costs incurred in administering and enforcing the easement, including the costs of restoration or rehabilitation of the land as specified by the owner and the private organization or State agency. "(b) APPLICATION.-A private organization or State agency that seeks to hold and enforce an easement under this subchapter shall apply to the Secretary for approval. "(c) APPROVAL BY SECRETARY.-The Secretary may approve a private organization to hold and enforce an easement under this subchapter if (as determined by the Secretary) the private organization “(1)(A) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code; or "(B) is described in section 509(a)(3), and is controlled by an organization described in section 509(a)(2), of that Code; "(2) has the relevant experience necessary to administer grassland and shrubland easements; "(3) has a charter that describes the commitment of the private organization to conserving ranchland, agricultural land, or grassland for grazing and conservation purposes; and "(4) has the resources necessary to effectuate the purposes of the charter. "(d) REASSIGNMENT.— "(1) IN GENERAL.-If a private organization holding an easement on land under this subchapter terminates, not later than 30 days after termination of the private organization, the owner of the land shall reassign the easement to "(A) a new private organization that is approved by the Secretary; or "(B) the Secretary. "(2) NOTIFICATION OF SECRETARY. "(A) IN GENERAL.-If the easement is reassigned to a new private organization, not later than 60 days after the date of reassignment, the owner and the new organization shall notify the Secretary in writing that a reassignment for termination has been made. "(B) FAILURE TO NOTIFY.-If the owner and the new organization fail to notify the Secretary of the reassignment in accordance with subparagraph (A), the easement shall revert to the control of the Secretary.". Subtitle F-Other Conservation Programs SEC. 2501. AGRICULTURAL MANAGEMENT ASSISTANCE. Section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524) is amended by striking subsection (b) and inserting the following: “(b) AGRICULTURAL MANAGEMENT ASSISTANCE.— "(1) AUTHORITY.-The Secretary shall provide financial assistance to producers in the States of Connecticut, Delaware, Maryland, Massachusetts, Maine, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming. "(2) USES.-A producer may use financial assistance provided under this subsection to "(A) construct or improve "(i) watershed management structures; or “(ii) irrigation structures; "(B) plant trees to form windbreaks or to improve water quality; "(C) mitigate financial risk through production or marketing diversification or resource conservation practices, including "(i) soil erosion control; "(ii) integrated pest management; "(iii) organic farming; or "(iv) to develop and implement a plan to create marketing opportunities for the producer, including through value-added processing; "(D) enter into futures, hedging, or options contracts in a manner designed to help reduce production, price, or revenue risk; “(E) enter into agricultural trade options as a hedging transaction to reduce production, price, or revenue risk; or "(F) conduct any other activity relating to an activity described in subparagraphs (A) through (E), as determined by the Secretary. “(3) PAYMENT LIMITATION.-The total amount of payments made to a person (as defined in section 1001(5) of the Food Security Act (7 U.S.C. 1308(5))) under this subsection for any year may not exceed $50,000. "(4) COMMODITY CREDIT CORPORATION. "(A) IN GENERAL.-The Secretary shall carry out this subsection through the Commodity Credit Corporation. "(B) FUNDING.— "(i) IN GENERAL.-Except as provided in clause (ii), the Commodity Credit Corporation shall make available to carry out this subsection not less than $10,000,000 for each fiscal year. "(ii) EXCEPTION.-For each of fiscal years 2003 through 2007, the Commodity Credit Corporation shall make available to carry out this subsection $20,000,000.". 99-194 O-03-10: QL 3 Part 1 |