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Full Text of this Amendment
SA 3761. Ms. LANDRIEU submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. HARKIN (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 313, strike line 21 and all that follows through page 320, line 22, and insert the following:
(e) Pilot Program for Enrollment of Wetland and Buffer Acreage in Conservation Reserve.--Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by striking subsection (h) and inserting the following:
``(h) Pilot Program for Enrollment of Wetland, Shallow Water Areas, and Buffer Acreage in Conservation Reserve.--
``(1) PROGRAM.--
``(A) IN GENERAL.--During the 2008 through 2012 calendar years, the Secretary shall carry out a program in each State under which the Secretary shall enroll eligible acreage described in paragraph (2).
``(B) PARTICIPATION AMONG STATES.--The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the pilot program established under this subsection.
``(2) ELIGIBLE ACREAGE.--
``(A) IN GENERAL.--Subject to subparagraphs (B) through (E), an owner or operator may enroll in the conservation reserve under this subsection--
``(i)(I) a wetland (including a converted wetland described in section 1222(b)(1)(A)) that had a cropping history during at least 3 of the immediately preceding 10 crop years;
``(II) a shallow water area that was devoted to a commercial pond-raised aquaculture operation any year during the period of calendar years 2002 through 2007; or
``(III) an agriculture drainage water treatment that receives flow from a row crop agriculture drainage system and is designed to provide nitrogen removal in addition to other wetland functions; and
``(ii) buffer acreage that--
``(I) is contiguous to a wetland or shallow water area described in clause (i);
``(II) is used to protect the wetland or shallow water area described in clause (i); and
``(III) is of such width as the Secretary determines is necessary to protect the wetland or shallow water area described in clause (i) or to enhance the wildlife benefits, including through restriction of bottomland hardwood habitat, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds the wetland or shallow water area.
``(B) EXCLUSIONS.--Except for a shallow water area described in paragraph (2)(A)(i), an owner or operator may not enroll in the conservation reserve under this subsection--
``(i) any wetland, or land on a floodplain, that is, or is adjacent to, a perennial riverine system wetland identified on the final national wetland inventory map of the Secretary of the Interior; or
``(ii) in the case of an area that is not covered by the final national inventory map, any wetland, or land on a floodplain, that is adjacent to a perennial stream identified on a 1-24,000 scale map of the United States Geological Survey.
``(C) PROGRAM LIMITATIONS.--
``(i) IN GENERAL.--The Secretary may enroll in the conservation reserve under this subsection not more than--
``(I) 100,000 acres in any 1 State referred to in paragraph (1); and
``(II) not more than a total of 1,000,000 acres.
``(ii) RELATIONSHIP TO PROGRAM MAXIMUM.--Subject to clause (iii), for the purposes of subsection (d), any acreage enrolled in the conservation reserve under this subsection shall be considered acres maintained in the conservation reserve.
``(iii) RELATIONSHIP TO OTHER ENROLLED ACREAGE.--Acreage enrolled under this subsection shall not affect for any fiscal year the quantity of--
``(I) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or
``(II) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).
``(iv) REVIEW; POTENTIAL INCREASE IN ENROLLMENT ACREAGE.--Not later than 3 years after the date of enactment of the Food and Energy Security Act of 2007, the Secretary shall--
``(I) conduct a review of the program under this subsection with respect to each State that has enrolled land in the program; and
``(II) notwithstanding clause (i)(I), increase the number of acres that may be enrolled by a State under clause (i)(I) to not more than 150,000 acres, as determined by the Secretary.
``(D) OWNER OR OPERATOR LIMITATIONS.--
``(i) WETLAND.--
``(I) IN GENERAL.--Except for a shallow water area described in paragraph (2)(A)(i), the maximum size of any wetland described in subparagraph (A)(i) of an owner or operator enrolled in the conservation reserve under this subsection shall be 40 contiguous acres.
``(II) COVERAGE.--All acres described in subclause (I) (including acres that are ineligible for payment) shall be covered by the conservation contract.
``(ii) BUFFER ACREAGE.--The maximum size of any buffer acreage described in subparagraph (A)(ii) of an owner or operator enrolled in the conservation reserve under this subsection shall be determined by the Secretary in consultation with the State Technical Committee.
``(iii) TRACTS.--Except for a shallow water area described in paragraph (2)(A)(i) and buffer acreage, the maximum size of any eligible acreage described in subparagraph (A) in a tract (as determined by the Secretary) of an owner or operator enrolled in the conservation reserve under this subsection shall be 40 acres.
``(3) DUTIES OF OWNERS AND OPERATORS.--Under a contract entered into under this subsection, during the term of the contract, an owner or operator of a farm or ranch shall agree--
``(A) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary;
``(B) to establish vegetative cover (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species in shallow water areas) on the eligible acreage, as determined by the Secretary;
``(C) to a general prohibition of commercial use of the enrolled land; and
``(D) to carry out other duties described in section 1232.
``(4) DUTIES OF THE SECRETARY.--
``(A) IN GENERAL.--Except as provided in subparagraphs (B) and (C), in return for a contract entered into by an owner or operator under this subsection, the Secretary shall make payments based on rental rates for cropland and provide assistance to the owner or operator in accordance with sections 1233 and 1234.
``(B) CONTINUOUS SIGNUP.--The Secretary shall use continuous signup under section 1234(c)(2)(B) to determine the acceptability of contract offers and the amount of rental payments under this subsection.
``(C) INCENTIVES.--The amounts payable to owners and operators in the form of rental payments under contracts entered into under this subsection shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under section 1234.''.
(As printed in the Congressional Record for the Senate on Nov 15, 2007.)
Beginning on page 313, strike line 21 and all that follows through page 320, line 22, and insert the following:
(e) Pilot Program for Enrollment of Wetland and Buffer Acreage in Conservation Reserve.--Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by striking subsection (h) and inserting the following:
``(h) Pilot Program for Enrollment of Wetland, Shallow Water Areas, and Buffer Acreage in Conservation Reserve.--
``(1) PROGRAM.--
``(A) IN GENERAL.--During the 2008 through 2012 calendar years, the Secretary shall carry out a program in each State under which the Secretary shall enroll eligible acreage described in paragraph (2).
``(B) PARTICIPATION AMONG STATES.--The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the pilot program established under this subsection.
``(2) ELIGIBLE ACREAGE.--
``(A) IN GENERAL.--Subject to subparagraphs (B) through (E), an owner or operator may enroll in the conservation reserve under this subsection--
``(i)(I) a wetland (including a converted wetland described in section 1222(b)(1)(A)) that had a cropping history during at least 3 of the immediately preceding 10 crop years;
``(II) a shallow water area that was devoted to a commercial pond-raised aquaculture operation any year during the period of calendar years 2002 through 2007; or
``(III) an agriculture drainage water treatment that receives flow from a row crop agriculture drainage system and is designed to provide nitrogen removal in addition to other wetland functions; and
``(ii) buffer acreage that--
``(I) is contiguous to a wetland or shallow water area described in clause (i);
``(II) is used to protect the wetland or shallow water area described in clause (i); and
``(III) is of such width as the Secretary determines is necessary to protect the wetland or shallow water area described in clause (i) or to enhance the wildlife benefits, including through restriction of bottomland hardwood habitat, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds the wetland or shallow water area.
``(B) EXCLUSIONS.--Except for a shallow water area described in paragraph (2)(A)(i), an owner or operator may not enroll in the conservation reserve under this subsection--
``(i) any wetland, or land on a floodplain, that is, or is adjacent to, a perennial riverine system wetland identified on the final national wetland inventory map of the Secretary of the Interior; or
``(ii) in the case of an area that is not covered by the final national inventory map, any wetland, or land on a floodplain, that is adjacent to a perennial stream identified on a 1-24,000 scale map of the United States Geological Survey.
``(C) PROGRAM LIMITATIONS.--
``(i) IN GENERAL.--The Secretary may enroll in the conservation reserve under this subsection not more than--
``(I) 100,000 acres in any 1 State referred to in paragraph (1); and
``(II) not more than a total of 1,000,000 acres.
``(ii) RELATIONSHIP TO PROGRAM MAXIMUM.--Subject to clause (iii), for the purposes of subsection (d), any acreage enrolled in the conservation reserve under this subsection shall be considered acres maintained in the conservation reserve.
``(iii) RELATIONSHIP TO OTHER ENROLLED ACREAGE.--Acreage enrolled under this subsection shall not affect for any fiscal year the quantity of--
``(I) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or
``(II) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).
``(iv) REVIEW; POTENTIAL INCREASE IN ENROLLMENT ACREAGE.--Not later than 3 years after the date of enactment of the Food and Energy Security Act of 2007, the Secretary shall--
``(I) conduct a review of the program under this subsection with respect to each State that has enrolled land in the program; and
``(II) notwithstanding clause (i)(I), increase the number of acres that may be enrolled by a State under clause (i)(I) to not more than 150,000 acres, as determined by the Secretary.
``(D) OWNER OR OPERATOR LIMITATIONS.--
``(i) WETLAND.--
``(I) IN GENERAL.--Except for a shallow water area described in paragraph (2)(A)(i), the maximum size of any wetland described in subparagraph (A)(i) of an owner or operator enrolled in the conservation reserve under this subsection shall be 40 contiguous acres.
``(II) COVERAGE.--All acres described in subclause (I) (including acres that are ineligible for payment) shall be covered by the conservation contract.
``(ii) BUFFER ACREAGE.--The maximum size of any buffer acreage described in subparagraph (A)(ii) of an owner or operator enrolled in the conservation reserve under this subsection shall be determined by the Secretary in consultation with the State Technical Committee.
``(iii) TRACTS.--Except for a shallow water area described in paragraph (2)(A)(i) and buffer acreage, the maximum size of any eligible acreage described in subparagraph (A) in a tract (as determined by the Secretary) of an owner or operator enrolled in the conservation reserve under this subsection shall be 40 acres.
``(3) DUTIES OF OWNERS AND OPERATORS.--Under a contract entered into under this subsection, during the term of the contract, an owner or operator of a farm or ranch shall agree--
``(A) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary;
``(B) to establish vegetative cover (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species in shallow water areas) on the eligible acreage, as determined by the Secretary;
``(C) to a general prohibition of commercial use of the enrolled land; and
``(D) to carry out other duties described in section 1232.
``(4) DUTIES OF THE SECRETARY.--
``(A) IN GENERAL.--Except as provided in subparagraphs (B) and (C), in return for a contract entered into by an owner or operator under this subsection, the Secretary shall make payments based on rental rates for cropland and provide assistance to the owner or operator in accordance with sections 1233 and 1234.
``(B) CONTINUOUS SIGNUP.--The Secretary shall use continuous signup under section 1234(c)(2)(B) to determine the acceptability of contract offers and the amount of rental payments under this subsection.
``(C) INCENTIVES.--The amounts payable to owners and operators in the form of rental payments under contracts entered into under this subsection shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under section 1234.''.
(As printed in the Congressional Record for the Senate on Nov 15, 2007.)
