HR 2542 IH

107th CONGRESS

1st Session

To establish a Farmland Stewardship Program designed to target existing conservation programs to the specific conservation needs and opportunities presented by certain agricultural lands and to authorize the Secretary of Agriculture to enter into stewardship contracts with private owners and operators of these lands to maintain, protect, and care for the natural, environmental, and agricultural resources on these lands, and for other purposes.

July 18, 2001

Mr. PUTNAM introduced the following bill; which was referred to the Committee on Agriculture

To establish a Farmland Stewardship Program designed to target existing conservation programs to the specific conservation needs and opportunities presented by certain agricultural lands and to authorize the Secretary of Agriculture to enter into stewardship contracts with private owners and operators of these lands to maintain, protect, and care for the natural, environmental, and agricultural resources on these lands, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `American Farmland Stewardship Act of 2001'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

TITLE I--FARMLAND STEWARDSHIP PROGRAM

Sec. 101. Establishment and purpose of Program.

Sec. 102. Use of farmland stewardship agreements.

Sec. 103. Partnership approach to Program.

Sec. 104. Participation of owners and operators of eligible agricultural lands.

TITLE II--ADVISORY COUNCIL

Sec. 201. Creation of an advisory council regarding Program.

SEC. 2. FINDINGS.

Congress finds the following:

(1) American agricultural producers are stewards of their lands, and should be encouraged to carry out practices to maintain, protect, and care for the natural, environmental, and agricultural resources of their lands.

(2) Agricultural producers face increasing challenges in protecting environmental sensitive land while ensuring an abundant and safe food supply and the sound future of agricultural production.

(3) Increased access of agricultural producers to conservation programs, particularly by producers facing unique environmental needs, must be a part of the national agricultural conservation policy.

(4) Responsible care and stewardship of natural resources by agricultural producers would be fostered by incentive initiatives aimed at assisting producers in meeting environmental program requirements, protecting and maintaining endangered habitat and wetlands, improving water quality and water access, treating on-farm discharge, deterring invasive species, and addressing other important environmental challenges.

(5) Greater local involvement, as well as increased cooperation between agricultural producers and local, State, and Federal officials, is needed to allow agricultural producers to meet environmental goals.

(6) A voluntary incentives based program would encourage greater protection of natural resources by providing economic assistance to agricultural producers to improve and protect natural resources, while permitting them to stay competitive in the world market.

SEC. 3. DEFINITIONS.

In this Act:

(1) AGREEMENT- The terms `farmland stewardship agreement' and `agreement' mean a stewardship contract authorized by title I.

(2) CONTRACTING AGENCY- The term `contracting agency' means a local conservation district, resource conservation & development district, extension service or local office of the Department of Agriculture or other participating government agency that is designated by the Secretary to enter into farmland stewardship agreements on behalf of the Secretary.

(3) ELIGIBLE AGRICULTURAL LANDS- The term `eligible agricultural lands' means private lands that are in primarily native or natural condition or are classified as cropland, pastureland, grazing lands, or timberlands by the Secretary and that--

(A) contain wildlife habitat, habitat for threatened and endangered species, wetlands or other natural ecosystems; or

(B) provide opportunities for ecological services that can benefit the public at large, such as--

(i) filtration of water; (ii) aquifer recharge; (iii) control of invasive and exotic species; (iv) limitations on nonagricultural development to preserve open space or prime, unique, or other productive agricultural lands; and (v) improvement of habitats for wildlife, waterfowl, or migratory birds or insects.

(4) PROGRAM- The terms `Farmland Stewardship Program' and `Program' mean the conservation program of the Department of Agriculture established by title I.

(5) SECRETARY- The term `Secretary' means the Secretary of Agriculture.

TITLE I--FARMLAND STEWARDSHIP PROGRAM

SEC. 101. ESTABLISHMENT AND PURPOSE OF PROGRAM.

(a) ESTABLISHMENT- The Secretary of Agriculture shall establish a special conservation program of the Department of Agriculture, to be known as the Farmland Stewardship Program, that is designed to more precisely tailor and target existing conservation programs to the specific conservation needs and opportunities presented by individual parcels of eligible agricultural lands.

(b) RELATION TO OTHER CONSERVATION PROGRAMS- Under the Farmland Stewardship Program, the Secretary may implement, or combine together, the features of--

(1) other conservation programs administered by the Secretary; and

(2) conservation programs administered by other Federal agencies and State and local government entities, where feasible and with the consent of the administering agency or government.

(c) FUNDING SOURCES-

(1) IN GENERAL- The Farmland Stewardship Program and agreements under the Program shall be funded by the Secretary using--

(A) the funding authorities of the conservation programs that are implemented in whole, or in part, through the use of agreements; and

(B) such funds as are appropriated to carry out the Program.

(2) COST-SHARING- It shall be a requirement of the Farmland Stewardship Program that the majority of the funds to carry out the Program must come from other existing conservation programs, which may be Federal, State, regional, local, or private, that are combined into and made a part of an agreement, or from matching funding contributions made by State, regional, or local agencies and divisions of government or from private funding sources.

(d) PERSONNEL COSTS- Federal funds made available to carry out the Farmland Stewardship Program may be used to provide additional staff positions and support within the national headquarters office and State field offices of the Natural Resources Conservation Service to coordinate and oversee the Program on a national basis.

(e) TECHNICAL ASSISTANCE- Of the funds made available to carry out the Farmland Stewardship Program for a fiscal year, the Secretary shall reserve not less than twenty percent for the provision of technical assistance under the Program.

SEC. 102. USE OF FARMLAND STEWARDSHIP AGREEMENTS.

(a) AGREEMENTS AUTHORIZED- The Secretary shall carry out the Farmland Stewardship Program by entering into stewardship contracts, to be known as farmland stewardship agreements, with the owners or operators of eligible agricultural lands to maintain, protect, and care for the natural, environmental, and agricultural resources on the lands.

(b) LEGAL BASIS- An agreement shall operate in all respects as a service contract and, as such, provides the Secretary with the opportunity to hire the owner or operator of eligible agricultural lands as a vendor to perform one or more specific services for an equitable fee for each service rendered. Any Federal agency participating in the Farmland Stewardship Program that has the authority to enter into service contracts and to expend public funds under such contracts may enter into or participate in the funding of an agreement.

(c) BASIC PURPOSES- An agreement with the owner or operator of eligible agricultural lands shall be used--

(1) to negotiate a mutually agreeable set of guidelines, practices, and procedures under which services will be provided to the public and rendered by the owner or operator to protect, maintain, and, where possible, improve, the natural and ecological resources on the lands covered by the agreement in return for annual payments to the owner or operator for the services rendered;

(2) to implement a conservation program or series of programs where no program now exists or to implement conservation management or ecological service activities where no such activities now exist; and

(3) to expand conservation practices, resource management, and ecological service activities to a property where it is not possible at the present time to negotiate or reach agreement on a public purchase of a fee-simple or less-than-fee interest in the property for conservation purposes.

(d) MODIFICATION OF OTHER CONSERVATION PROGRAM ELEMENTS- If most, but not all, of the limitations, conditions, and requirements of a conservation program that is implemented in whole, or in part, through the Farmland Stewardship Program are met with respect to a parcel of eligible agricultural lands, and the purposes to be achieved by the agreement to be entered into for such lands are consistent with the purposes of the conservation program, then the Secretary may waive any remaining limitations, conditions, or requirements of the conservation program that would otherwise prohibit or limit the agreement.

(e) STATE AND LOCAL CONSERVATION PRIORITIES- To the maximum extent practicable, agreements shall address the conservation priorities established by the State and locality in which the eligible agricultural lands are located.

SEC. 103. PARTNERSHIP APPROACH TO PROGRAM.

(a) AUTHORITY OF SECRETARY EXERCISED THROUGH PARTNERSHIPS- Although the Secretary shall be responsible for the administration of the Farmland Stewardship Program and oversight of agreements under the Program, the Secretary shall work in partnership with other Federal, State, and local agencies whose programs are incorporated into the Program under section 101.

(b) DESIGNATION AND USE OF CONTRACTING AGENCIES- Subject to subsection (c), the Secretary may authorize a local conservation district, resource conservation & development district, extension service, nonprofit organization, or local office of the Department of Agriculture or other participating government agency to enter into and administer agreements under the Program as a contracting agency on behalf of the Secretary.

(c) CONDITIONS ON DESIGNATION- The Secretary may designate an eligible district or office as a contracting agency under subsection (b) only if the district of office--

(1) submits a written request for such designation to the Secretary;

(2) affirms that it is willing to follow all guidelines for executing and administering an agreement, as promulgated by the Secretary;

(3) demonstrates to the satisfaction of the Secretary that it has established working relationships with owners and operators of eligible agricultural lands, and based on the history of these working relationships, demonstrates that it has the ability to work with owners and operators of eligible agricultural lands in a cooperative, and not a contentious or litigious, manner;

(4) affirms its willingness to assume responsibility for preparing all documentation for the agreement, negotiating its terms with an owner or operator, monitoring compliance, making annual reports to the Secretary, and administering the agreement throughout its full term; and

(5) demonstrates to the satisfaction of the Secretary that it has or will have the necessary staff resources and expertise to carry out its responsibilities under paragraphs (3) and (4).

SEC. 104. PARTICIPATION OF OWNERS AND OPERATORS OF ELIGIBLE AGRICULTURAL LANDS.

(a) APPLICATION AND APPROVAL PROCESS- To participate in the Farmland Stewardship Program, an owner or operator of eligible agricultural lands shall--

(1) submit to the Secretary an application indicating interest in the Program and describing the owner's or operator's property, its resources, and their ecological and agricultural values;

(2) submit to the Secretary a list of services to be provided, a management plan to be implemented, or both, under the proposed agreement;

(3) if the application and list are accepted by the Secretary, enter into an agreement that details the services to be provided, management plan to be implemented, or both, and requires compliance with the other terms of the agreement.

(b) APPLICATION ON BEHALF OF AN OWNER OR OPERATOR- A designated contracting agency may submit the application required by subsection (a) on behalf of an owner or operator by if the contracting agency has secured the consent of the owner or operator to enter into an agreement.

(c) STRUCTURE OF AGREEMENT- An agreement shall contain the following:

(1) A map, property description, and aerial photograph of the eligible agricultural lands covered by the agreement, including any lands with important natural and ecological resources that require special attention and care.

(2) A list of the resources to be maintained under the agreement.

(3) A description of the services to be rendered, conservation practices to be implemented and maintained, or both, under the agreement during the term of the agreement.

(4) A schedule for the implementation and maintenance of the services and conservation practices described in paragraph (3).

(5) A schedule of payments for each service and conservation practice described in paragraph (3).

(6) A schedule of any bonus payments offered under the agreement and the criteria that must be satisfied for the owner or operator to earn the bonus payments.

(7) Guarantees regarding compliance monitoring and access to the covered property on an annual basis.

(8) A description of the penalties for nonperformance and default.

(9) Provisions for assignment of the agreement to a subsequent owner or operator.

(10) Encumbrance provisions for recording the agreement.

(11) Such other terms as the Secretary may require.

(d) DUTIES OF OWNERS AND OPERATORS- During the term of the agreement, the owner or operator of the eligible agricultural lands covered by the agreement shall--

(1) implement the services to be rendered, conservation practices to be implemented and maintained, or both, specified in the agreement;

(2) keep such records as the Secretary may require for purposes of evaluation of the implementation of the agreement; and

(3) not to engage in any activity that would defeat the purposes of the agreement.

(e) DUTIES OF SECRETARY- The Secretary shall ensure that payments required by an agreement are made as provided in the agreement.

(f) AUTHORIZED SERVICES- The authorized services that may be rendered by an owner or operator on eligible agricultural lands covered by an agreement, and paid for by the Secretary under the agreement, include the following:

(1) Removal of invasive species and continued management of land and water resources in a way that prevents invasive species from being reintroduced.

(2) Installation of best management practices or other recommended practices to eliminate impacts on natural areas outside a property's boundaries.

(3) Use of property for water retention or detention.

(4) Installation of phytoremediation cells and other waste treatment facilities to provide environmental clean-up services to remove suspended solids, particulates, toxic salts and metals, and other pollutants from urban, suburban, industrial and farm waste, including landfill leachates, stormwater runoff, tainted groundwater and other sources of pollutants.

(5) Dedication of a portion of a property as a buffer strip or filter strip.

(6) Retention of open space between developed areas and natural areas.

(7) Implementation of wetland restoration, conservation, or enhancement.

(8) Reduction of greenhouse emissions and enhancement of carbon sequestering.

(9) Enhancement of soil, plant, or animal health and well-being.

(10) Improvement of water quality.

(11) Improvement of air quality.

(12) Implementation of on-farm conservation and regeneration of biological resources, including plant and animal germplasm.

(13) Provision of access for research.

(14) Provision of periodic or limited public access in a manner acceptable to the owner or operator.

(15) Any other service prescribed by or found to be acceptable by the Secretary.

(g) ENSURING AVAILABILITY OF FUNDS- All amounts required for preparing, executing, carrying out, monitoring, and administering an agreement for its entire term shall be made available by the Federal, State, and local agencies and private sector entities involved in funding the agreement upon execution of the agreement.

TITLE II--ADVISORY COUNCIL

SEC. 201. CREATION OF AN ADVISORY COUNCIL REGARDING PROGRAM.

(a) APPOINTMENT- The Secretary shall appoint a 12-member advisory council to assist the Secretary in carrying out the Farmland Stewardship Program.

(b) DUTIES- The advisory council shall assist the Secretary--

(1) in drafting such regulations as are necessary to carry out the Program;

(2) in developing draft documents for executing farmland stewardship agreements;

(3) in developing procedures and guidelines to facilitate partnerships with other levels of government and nonprofit organizations and assist contracting agencies in gathering data and negotiating agreements;

(4) in designing criteria to consider applications submitted under section 104(a);

(5) in providing assistance and training to project partners and contracting agencies;

(6) in assisting project partners and contracting agencies in combining together other conservation programs into agreements;

(7) in tailoring the agreements to each individual property;

(8) in monitoring progress under the agreements; and

(9) in reviewing and recommending possible modifications, additions, adaptations, improvements, enhancements, or other changes to the Program to improve the way in which the program operates.