Order Code RL34557
Conservation Provisions of the 2008 Farm Bill
July 2, 2008
Tadlock Cowan
Analyst in Natural Resources and Rural Development Policy
Resources, Science, and Industry Division
RenÃ©e Johnson
Specialist in Agricultural Policy
Resources, Science, and Industry Division

Conservation Provisions of the 2008 Farm Bill
Summary
The 2008 enacted farm bill (Food, Conservation, and Energy Act of 2008, P.L.
110-246) reauthorizes almost all existing conservation programs, modifies several
programs, and creates various new conservation programs. A new Conservation
Stewardship program replaces the existing Conservation Security Program and a new
Agricultural Water Enhancement Program under the Environmental Quality
Incentives Program is also authorized with mandatory funding. Other new programs
include the Chesapeake Bay Watershed Program and a â€œSodsaverâ€ provision to help
preserve native sod, including virgin prairie in the Prairie Pothole National Priority
Area. Significant modifications to existing programs include a reduction of the
maximum enrolled acreage under the Conservation Reserve Program to 32 million
acres and an increase in the cap for the Wetlands Reserve Program to over 3 million
acres.
Other changes in the enacted bill include modifications to address eligibility
requirements, program definitions, enrollment and payment limits, contract terms,
evaluation and application ranking criteria, among other administrative issues.
Eligibility is expanded for many programs and technical assistance under most
programs is broadened to cover forested and managed lands, pollinator habitat and
protection, and identified natural resource areas. Beginning, limited resource, and
socially disadvantaged producers, specialty crop producers, and producers
transitioning to organic production are also targeted for special consideration in many
existing programs.
Estimated new spending on the conservation title â€” not including estimated
conservation-related revenue and cost-offset provisions in the bill â€” is projected to
increase by $2.7 billion over 5 years and $4.0 billion over 10 years. Total mandatory
spending for the conservation title is projected at $24.3 billion over 5 years (FY2008-
FY2012) and $55.2 billion over 10 years (FY2008-FY2017).
A comparison of conservation provisions in the enacted 2008 farm bill with
existing law and the House and Senate farm bills is provided in Appendix A.
This report will be updated periodically.

Contents
Policy Questions and Issues Shaping the Conservation Title of the
2008 Farm Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Program Changes in the Enacted 2008 Farm Bill (P.L. 110-246) . . . . . . . . . . . . 3
Land Retirement and Easement Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Conservation Reserve Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Wetlands Reserve Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Grasslands Reserve Program (GRP) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Farmland Protection Program (FPP) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Working Lands Conservation Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Environmental Quality Incentives Program (EQIP) . . . . . . . . . . . . . . . 7
Conservation Security (Stewardship) Program . . . . . . . . . . . . . . . . . . . 8
Wildlife Habitat Incentives Program (WHIP) . . . . . . . . . . . . . . . . . . . . 9
Other Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Technical Assistance and Conservation Program Administration . . . . 10
Authorized Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
New Conservation Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Chesapeake Bay Watershed Program . . . . . . . . . . . . . . . . . . . . . . . . . 11
Voluntary Public Access and Habitat Incentives Program . . . . . . . . . 11
Sodsaver Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Environmental Services Markets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Miscellaneous Conservation Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Response from Conservation Interest Groups . . . . . . . . . . . . . . . . . . . 12
Appendix A. Comparison of the House and Senate Farm Bills, and the
Conference Agreement (H.R. 2419) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Program Definitions and Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Highly Erodible and Wetland Conservation . . . . . . . . . . . . . . . . . . . . 13
Comprehensive Conservation Enhancement Program . . . . . . . . . . . . . 14
Conservation Reserve Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Wetlands Reserve Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Conservation Security Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Environmental Quality Incentives Program . . . . . . . . . . . . . . . . . . . . . 20
Farmland Protection Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Grassland Reserve Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Wildlife Habitat Incentives Program . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Other Conservation Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
New Conservation Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Conservation Provisions
of the 2008 Farm Bill
The Food, Conservation, and Energy Act of 2008 (P.L. 110-246), the 2008 farm
bill, reauthorizes almost all existing conservation programs, modifies several
programs, and creates various new conservation programs. These changes address
eligibility requirements, program definitions, enrollment and payment limits, contract
terms, evaluation and application ranking criteria, among other administrative issues.
In general, the conservation title includes specific changes that expand eligibility and
delivery of technical assistance under most programs to cover more broadly, for
example, forested and managed lands, pollinator habitat and protection, and
identified natural resource areas, among other expansions. Producer coverage across
most programs is also expanded to include beginning, limited resource, and socially
disadvantaged producers; speciality crop producers; and producers transitioning to
organic production. The enacted bill also creates new conservation programs to
address emerging issues and priority resource areas, and also new subprograms under
existing programs.
Estimated new spending on the 2008 farm billâ€™s conservation title â€” not
including estimated conservation-related revenue and cost-offset provisions in the
bill â€” is projected to increase by $2.7 billion over 5 years and $4.0 billion over 10
years. Total mandatory spending for the title is projected at $24.3 billion over 5 years
(FY2008-FY2012) and $55.2 billion over 10 years (FY2008-FY2017).
Policy Questions and Issues Shaping the
Conservation Title of the 2008 Farm Bill
Agricultural conservation became a significant and visible policy focus in the
Food Security Act of 1985. Since then, questions and concerns about conservation
program funding, policy objectives, individual program effectiveness, comparative
geographic emphasis, and the structure of federal assistance have been recurring
issues in the debate shaping each successive omnibus farm bill.1 The 2008 farm bill
is no exception. These long-standing issues arguably became even more apparent in
this farm bill as they found their way into many individual program changes. This
result may be a continuation of the more active profile taken by many conservation
groups and their supporters in the 2002 farm bill. Unlike commodity programs,
conservation program participation tends to be well represented by small and mid-
size farming operations, according to the United States Department of Agricultureâ€™s
1 Farmland conservation programs and initiatives initially were enacted as part of the 1985
farm bill (P.L. 99-198, Food Security Act of 1985), which also included for the first time
a conservation title. These programs have been reauthorized, modified, and expanded, and
several new programs have been created, particularly in subsequent omnibus farm bills.

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(USDA) Economic Research Service. The programs also enjoy wider public support.
In an environment of pronounced domestic budget constraint, however, conservation
groups and producers found themselves competing with other farming interests for
the necessary resources to expand and continue many conservation programs.
Budget concerns aside, several other issues emerged in the debate leading to
enactment of the 2008 farm bill: funding priorities and payment structure, geographic
targeting, program complexity, the importance of large-scale conservation efforts,
and measurement of costs and effectiveness. These general policy issues â€” in
various forms â€” raised questions central to the deliberations and outcomes in the
enacted conservation title of the farm bill.
Program Funding and Producer Payment Limits. Among the questions
raised were: Should payment limits be program-specific, or for some combination of
conservation programs? Would the imposition of payment limits change patterns of
participation and effectiveness of conservation programs? What are the potential
differences in saving under different payment limit options? Where should savings
be allocated? Should each conservation program have the same payment limit? How
will funding levels affect the existing backlog of interest in program participation that
cannot be met?
Geographic Emphasis. Because agricultural production is concentrated in
specific regions of the United States, agricultural conservation and environmental
issues are not randomly distributed. Some areas and some natural resources reveal
greater environmental impact from agricultural activities â€” actual and potential â€”
than others. For example, pressures on farmland development from urban sprawl are
more pronounced on the East and West Coasts. Although many areas of the United
States have water quality/quantity concerns or air quality issues, the deterioration of
certain watersheds and certain air sheds is more advanced in some places than in
others. How is it determined where federal conservation spending would be most
effective? Should certain locations (states, regions, or watersheds) be targeted?
Does targeting particular producer groups provide an effective strategy in resource
management? Should some types of agricultural production or resource concerns
receive higher priority in evaluating applications?
Program Complexity. Members of Congress, conservation groups, the
Administration, and individual producers raised questions about the desirability of
proliferating conservation programs and the complexity of adhering to various
regulations that govern the programs. Some producers might have some acreage
under one program and other acreage under another program. On-farm wetland
management may be regulated by one program, while the environmental management
plan of retired acreage is under another program. The question arises whether there
is avoidable duplication or other inefficiencies that significantly limit conservation
and resource management effectiveness. Could existing programs be combined in
certain ways? Would a consolidated effort targeting a few specific resource issues
reduce the complexity?
Delivery Effectiveness. Along with the perceived complexity of agricultural
conservation programs is the related issue of the effectiveness of program delivery.
Does the conservation delivery capacity of USDA agencies need to be further
supplemented through partnerships, relationships with other organizations, or

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expansion of the technical assistance provider system? What opportunities and
problems would result if a large portion of staff in the responsible agencies retired
in a short time period? Does USDA currently have the staff needed to administer
conservation programs if they were all fully funded? How might more market-based
solutions to resource conservation improve delivery efficiency and program
effectiveness?
Regional and Multistate Conservation Efforts. Local planning and
implementation of conservation programs through locally constituted councils is an
important aspect of conservation management and a long-standing characteristic of
U.S. local-federal relations. A significant question raised by conservation groups,
however, is the extent to which conservation efforts would be more effective and
more efficient if they took place at larger scales, for example, through regional or
multistate resource planning and multistate conservation planning. Because the
conservation programs are voluntary, concern was voiced that participation could
decline if producers felt that conservation programs were more remote from local
planning input. Using watersheds or river basin drainage areas as policy targets, for
example, could reduce the planning control of any single area jurisdiction. The trade-
off is seen in the efficiencies that potentially stem from pooling financial and
planning resources and targeting particular resource issues affecting most if not all
producers. The Chesapeake Bay region, the Great Lakes, and specific river basins
with significant agricultural impacts are examples where larger scale planning may
hold particular advantages.
Program Evaluation. How effective are federal conservation programs in
improving environmental management of natural resources? Evaluation is an
essential part of effective conservation management. Yet, developing practical and
reliable indicators that can be used across programs and with different producers and
different resources has been a challenge. Policymakers and stakeholders generally
agree that conservation measures have been effective in reducing the environmental
impact of agricultural activities, but at what cost, in what locations, and under what
specific circumstances are much more difficult questions to answer. The recognized
importance of establishing valid indicators has been an ongoing issue in
environmental management. Research has advanced considerably in the area, to the
point that integrating those findings within the structure of current programs is
viewed by many to be more feasible than it was in the past.
Program Changes in the Enacted 2008 Farm Bill
(P.L. 110-246)
The 2008 farm bill reauthorizes almost all current conservation programs,
modifies several current programs, and creates various new conservation programs.
The various conservation programs administered by USDA can be broadly grouped
into land retirement and easement programs and so-called â€œworking landsâ€ programs.
In general, land retirement and easement programs take land out of crop production
and provide for program rental payments and cost-sharing to establish longer term
conservation coverage, in order to convert the land back into forests, grasslands, or
wetlands. Working lands programs provide technical and financial assistance to

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assist agricultural producers in improving natural resource conservation and
management practices on their productive lands. The enacted 2008 farm bill also
creates several new conservation programs under the billâ€™s conservation and other
titles. The following sections provide brief overviews of the Title II changes to
agricultural conservation programs.
Land Retirement and Easement Programs
Major land retirement and easement programs include the Conservation Reserve
Program (CRP), the Wetlands Reserve Program (WRP), the Grasslands Reserve
Program (GRP), the Farmland Protection Program (FPP), among other programs.
Conservation Reserve Program. The Conservation Reserve Program
(CRP) is a voluntary program that allows producers to enter into 10-15 year contracts
that provide annual rental payments and financial assistance to install certain
conservation practices and maintain vegetative or tree covers. Its purpose is to
conserve and improve soil, water, and wildlife resources by converting highly
erodible and other environmentally sensitive acreage to a long-term vegetative cover.
CRP is the largest conservation program in terms of total annual funding. It is
administered by USDAâ€™s Farm Service Agency (FSA) and is funded through the
Department of Agricultureâ€™s (USDA) Commodity Credit Corporation (CCC). CRP
also has several subprograms, one of which is the Conservation Reserve
Enhancement Program (CREP), that are designated to support state and federal
partnerships through incentive payments for installing specific conservation practices
that help protect environmentally sensitive land, decrease erosion, restore wildlife
habitat, and safeguard ground and surface water.2
The enacted 2008 farm bill (Secs. 2101-2111) caps CRP enrollment at 32
million acres, down from its current cap of 39.2 million acres. The managers report
on the conference agreement states this reduction is â€œnot ... an indicator of declining
or reduced support for CRPâ€; however, in other sections of the report USDA is
encouraged to assist producers who are transitioning from land retirement to working
lands conservation. The farm bill makes certain program changes, including
allowing USDA to address state, regional, and national conservation initiatives;
providing incentives for beginning and socially disadvantaged farmers/ranchers to
purchase CRP land from retiring farmers; allowing certain types of managed haying
and grazing and installation of wind turbines on enrolled lands (but at reduced rental
rates); requiring that program participants manage lands according to a conservation
plan; requiring USDA to survey annually the per-acre estimates of county cash rents
paid to CRP contract holders; clarifying the status of alfalfa grown as part of a
rotation practice; and establishing cost-sharing rates for certain types of conservation
structures.
The bill also amends the pilot program for wetland and buffer acres in CRP.
Each state can enroll up to 100,000 acres up to a national maximum of one million
acres. This maximum may be raised to 200,000 in each state following a review of
2 For more detailed information on CRP, see CRS Report RS21613, Conservation Reserve
Program: Status and Current Issues, by Tadlock Cowan.

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the program. Eligible lands for the program include (1) wetlands that have been
cropped three of the immediately preceding 10 crop years; (2) land on which a
constructed wetland is to be developed to manage fertilizer runoff; and (3) land that
has been devoted to commercial pond-raised aquaculture.3
Conditions under which managed haying and grazing on CRP acreage may
occur have been modified. The farm bill allows managed harvesting and grazing in
response to drought and routine grazing to control invasive species. Where routine
harvesting is permitted, state technical committees are required to coordinate to
ensure appropriate environmental management. In addition to managed harvesting,
the installation of wind turbines on enrolled land is now permitted activity. Any of
these permitted uses on CRP acreage will result in a rental payment reduction
commensurate with the economic value of the authorized activity.
The enacted farm bill permits 50% cost share payments on land used for
hardwood trees, windbreaks, shelterbelts, and wildlife corridors for contracts entered
into after November 1990. Contracts extend from a minimum of two years up to four
years. Funding of $100 million also is authorized to cover cost sharing for the
thinning of trees to improve the management of natural resources on the land.
The 2008 farm bill modifies the criteria for evaluating CRP contract
applications. Evaluation criteria include the extent to which a CRP contract
application would improve soil resources, water quality, or wildlife habitat. The bill
also allows the Secretary to establish different criteria in various states or regions that
lead to improvements in soil quality or wildlife habitat. Preference in new CRP
contracts will be given to land owners and operators who are residents of the county
or a contiguous county in which the land is located.
The farm bill also establishes incentives to increase the participation of
beginning and socially disadvantaged farmers and ranchers. It authorizes CRP
contract modifications to assist these producers in leasing or purchasing land under
a CRP contract from a retired or retiring farm owner or operator. The provision
authorizes $25 million for assistance in making these land transfers.
Other enacted modifications to CRP include redefining the Chesapeake Bay
region as a priority area without limiting the region to the states of Pennsylvania,
Maryland, and Virginia. While the new program apples to all watersheds draining
into the Chesapeake Bay, the Susquehanna, Shenandoah, Potomac, and Patuxent
Rivers will get funding priority. A provision in the Trade and Tax Provisions Title
(Section 15301) will permit retired or disabled farmers and ranchers to exclude CRP
payments from self-employment taxes beginning January 2008.4
3 Acreage in CREP â€” a subprogram within CRP â€” and other continuous enrolled land
would be excluded from the CRP county acreage cap (25%) in order to encourage greater
program participation.
4 For additional information on CRPâ€™s tax status, see CRS Report, CRS Report RL34457,
Conservation Reserve Program Payments: Self-Employment Income, Rental Income, or
Something Else?, by Carol A. Pettit.

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Wetlands Reserve Program. The Wetlands Reserve Program (WRP)
provides long-term technical and financial assistance to landowners with the
opportunity to protect, restore, and enhance wetlands on their property, and to
establish wildlife practices and protection. It is a voluntary program administered by
USDAâ€™s Natural Resources Conservation Service (NRCS).
The enacted 2008 farm bill (Secs. 2201-2210) increases the WRP maximum
enrollment cap to over 3.014 million acres (up from an existing cap of 2.275 million
acres), and expands eligible lands to include certain types of private and tribal
wetlands, croplands, and grasslands, as well as lands that meet the habitat needs of
specific wildlife species. The farm bill authorizes a new Wetlands Reserve
Enhancement Program, to establish agreements with states similar to that for CREP,
which includes a Reserved Rights Pilot program to explore whether reserving grazing
rights is compatible within WRP. The bill makes certain program changes, including
changing the payment schedule for easements; limiting wetland restoration payments;
specifying criteria for ranking program applications; requiring that USDA conduct
an annual survey of the Prairie Pothole Region starting with FY2008; and requiring
USDA to submit a report to Congress on long-term conservation easements under the
program.
Grasslands Reserve Program (GRP). GRP is a voluntary program
administered by USDAâ€™s Farm Services Agency (FSA) that helps landowners restore
and protect grassland, rangeland, pastureland, and shrubland and provides assistance
for rehabilitating grasslands.
The enacted 2008 farm bill (Sec. 2403) adopts a new acreage enrollment goal
of an additional 1.22 million acres by 2012, with 40% of funds for rental contracts
(10-, 15-, and 20-year duration) and 60% for permanent easements. Requirements
for cooperative agreements similar to those under the Farmland Protection Program
are also authorized for GRP easements. The farm bill modifies the terms and
conditions of GRP contracts and easements to permit fire presuppression and the
addition of grazing-related activities, such as fencing and livestock watering. Priority
for enrollment is also given to certain expiring CRP lands, and tribal lands are made
eligible. The bill does not include a Grassland Reserve Enhancement provision, as
proposed in the House.
Farmland Protection Program (FPP). FFP is a voluntary program
administered by USDAâ€™s NRCS that provides matching funds to help purchase
development rights for eligible farmlands to keep productive farm and ranchland in
agricultural uses. USDA partners with state, tribal, or local governments and
nongovernmental organizations to acquire conservation easements or other interests
in land from landowners, and provides up to 50% of the fair market easement value
of the conservation easement.
The enacted 2008 farm bill changes the programâ€™s purpose from protecting
topsoil to protecting the landâ€™s agricultural use by limiting nonagricultural uses and
including lands that promote state and local farmland protection (Sec. 2401). The
federal share of easement costs are capped at 50%, with the land owner contributing
25% of the costs. The program is also restructured to emphasize longer term and
renewable cooperative agreements. The bill also makes other technical changes to

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the program covering the programâ€™s administrative requirements, appraisal
methodology, and terms and conditions, among other issues. It does not rename the
program the Farm and Ranchland Protection Program, as the program is often
referred to by USDA.5 The bill provides additional budget authority for FPP of $743
million.
Working Lands Conservation Programs
Major working lands programs include the Environmental Quality Incentives
Program (EQIP), the (renamed) Conservation Stewardship Program (CSP), the
Agricultural Management Assistance (AMA) program, and the Wildlife Habitat
Incentives Program (WHIP), among others.
EQIP and CSP are the two largest working lands programs, and received
additional budget authority over five years under the 2008 farm bill of $3.4 billion
for EQIP and $1.1. billion for CSP. The enacted farm bill did not include a Senate
proposal that would have closely coordinated CSP and EQIP under the so-called
Comprehensive Stewardship Incentives Program.
Environmental Quality Incentives Program (EQIP). EQIP is
administered by USDAâ€™s NRCS and provides technical and cost-share assistance to
farmers and ranchers for promoting agricultural production and environmental
quality by supporting the installation or implementation of structural and
management practices on eligible agricultural land. EQIP includes a number of
subprograms, including the Colorado River Basin Salinity Control, Conservation
Innovation Grants, the Ground and Surface Water Conservation Program, and the
Klamath River Basin.
The enacted 2008 farm bill (Secs. 2501-2510) expands the program to cover
practices that enhance soil, surface and ground water, air quality, and conserve
energy; it also covers grazing land, forestland, wetlands, and other types of land and
natural resources that support wildlife. In evaluating applications, cost-effectiveness
and comprehensive treatment of resource issues are given priority. The bill sets aside
5% of the EQIP spending for beginning farmers and ranchers and 5% for socially
disadvantaged farmers and ranchers, providing up to 90% of the costs of
implementing an EQIP plan for these farmers. It also provides payments to assist
tribal or native corporation members, and producers transitioning to organic
production.
The 2008 farm bill lowers the EQIP payment limit to $300,000 (down from
$450,000) in any 6-year period per entity, except in cases of special environmental
significance including projects involving methane digesters, as determined by USDA.
Projects with organic production benefits are capped at $20,000 annually or $80,000
in any six-year period. The enacted bill retains the requirement that 60% of funds be
made available for cost-sharing to livestock producers, including an incentive
payments for producers who develop a comprehensive nutrient management plan.
5 The program was authorized as FPP in the 2002 farm bill, and the name has not been
changed in statute.

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The bill reserves $37.5 million of annual EQIP funds for the Conservation
Innovation Grants program and modifies the grants to cover air quality concerns
associated with agriculture (including greenhouse gas emissions). It also replaces the
Ground and Surface Water Conservation Program within EQIP with a new
Agricultural Water Enhancement Program (AWEP) to address water quality and
quantity concerns on agricultural land, highlighting certain priority areas and
providing additional mandatory funds for the program. The managerâ€™s report
accompanying the farm bill suggests priority areas under the programs to include the
Eastern Snake Plain Aquifer region, Puget Sound, the Ogallala Aquifer, the
Sacramento River watershed, the Upper Mississippi River Basin, the Red River of
the North Basin, and the Everglades. AWEP prioritizes assistance to areas
experiencing significant drought. The bill provides a total of $280 million through
FY2012 for AWEP activities.
Funding for EQIP is authorized at $1.2 billion (FY2008), $1.337 billion
(FY2009), $1.45 billion (FY2010), $1.588 billion (FY2011), and $1.75 billion
(FY2012).
Conservation Security (Stewardship) Program. The pre-existing
Conservation Security Program is a voluntary program administered by NRCS that
provides financial and technical assistance to promote the conservation and
improvement of soil, water, air, energy, plant and animal life, and other conservation
purposes on tribal and private working lands.6 However, the 2008 farm bill (Sec.
2301) phases this program out (except for existing contracts) and replaces it with a
new and renamed Conservation Stewardship Program (CSP). The new CSP,
beginning in 2009, will continue to encourage conservation practices on working
lands, but will be different from the former program. It eliminates the three-tier
approach, establishes 5-year rather than 10-year contracts, and requires direct
attribution of payments, among other changes, thus requiring that USDA promulgate
new rules for the program. More than $2 billion in funding is made available for
existing contracts under the former CSP program.
Rather than the three-tier payment system, payments for new CSP contracts will
be based on meeting or exceeding a stewardship threshold â€” the level of resource
conservation and environmental management required to improve and conserve the
quality and condition of at least one resource concern. The stewardship threshold
also must be met for at least one priority resource concern identified at the state level
as a priority for a particular watershed or area of the state. Payments are based on the
actual costs of installing conservation measures, any foregone income, and the value
of the expected environmental outcomes. The CSP reserves 5% of the funds each for
beginning farmers and ranchers and disadvantaged farmers and ranchers (Sec. 2704).
Monitoring and evaluation of the stewardship plan to assess the environmental
effectiveness is also an element of the new CSP.
The bill sets a target of enrolling 12.8 million acres annually under the new
CSP. Individual producer payments are limited to $200,000 in any 5-year period per
6 For more detailed information on CRP, see CRS Report RS21740, Conservation Security
Program: Implementation and Termination.

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entity. Rather than annual sign-ups for the program, CSP enrollment will be
contracted on a continuous basis. The type of eligible lands is expanded to include
priority resource concerns, as identified by states; certain private agricultural and
forested lands; and also some nonindustrial private forest lands (limited to not more
than 10% of total annual acres under the program). Technical assistance will also be
provided to specialty crop and organic producers, along with a pilot testing of
producers who engage in innovative new technologies or participate in on-site
conservation research. Producers may also receive supplemental payments for
resource-conserving crop rotations that provide specific environmental benefits such
as improving soil fertility, thus reducing the need for irrigation. Program payments
may not be used for the design, construction, or maintenance of animal waste storage
or treatment facilities or associated waste transport or transfer devices.
Wildlife Habitat Incentives Program (WHIP). WHIP is a voluntary
program designed for the development and improvement of habitat primarily on
private land. Through WHIP, USDAâ€™s Natural Resources Conservation Service
provides both technical assistance and up to 75% cost-share assistance to establish
and improve fish and wildlife habitat. The terms of WHIP agreements between
NRCS and the participant generally are from 5 to 10 years from the date the
agreement is signed. The 2008 farm bill (Sec. 2602) reauthorizes WHIP at current
funding levels, but limits program eligibility to focus on â€œthe development of wildlife
habitat on private agricultural land, nonindustrial private forest land, and tribal
lands,â€ thus potentially excluding some previously covered areas (i.e., non-
agricultural lands). It also allows USDA to provide priority to projects that address
issues raised by state, regional, and national conservation initiatives. The managerâ€™s
report emphasizes that the program address various specific wildlife initiatives at
state and local levels. The 2008 farm bill provides $425 million (FY2008-FY2012)
and also increases the limit on cost-share payments to 25% for long-term projects.
Payments to an individual entity are limited to $50,000 per year.
Other Programs. The 2008 farm bill also authorizes a $15 million increase
in funding to $20 million annually for FY2008-FY2012 for the Grassroots Source
Water Protection Program (Sec. 2603). Funding is also increased to $100 million
(FY2009) for the Small Watershed Rehabilitation Program, to remain available until
expended (Sec. 2803). The Grassroots Source Water Protection Program, a
partnership between the Farm Service Agency (FSA) and the National Rural Water
Association, is designed to help keep surface and groundwater water pollution from
affecting drinking water. The Small Watershed Rehabilitation Program is
administered by NRCS and works to rehabilitate older community dams.
The farm bill (Sec. 2801) also provides additional mandatory funding ($15
million annually, FY2008-FY2012) for the Agricultural Management Assistance
Program (AMA) and includes Hawaii as an eligible state under that program. AMA
provides cost share assistance to agricultural producers to voluntarily address issues
such as water management, water quality, and erosion control by incorporating
conservation into their farming operations.
The enacted bill amends the Resource Conservation and Development Program
(RC&D) to emphasize locally led planning processes and to provide assistance for
implementing area plans (Sec. 2805). The RC&D program designates RC&D areas

CRS-10
and assists the capability of elected and civic leaders to plan and carry out projects
for resource conservation and community development.
Also reauthorized through FY2012 is the Farm Viability Program (Sec. 2402).
The Farm Viability Program, as authorized in the 2002 farm bill, provides authority
for USDA to provide grants to eligible entities for the purpose of carrying out farm
viability programs. To date, Congress has not appropriated funds to implement the
program.
The Great Lakes Basin Program for Soil Erosion and Sediment Control is a
federal-state partnership providing demonstration and technical assistance projects
throughout the Great Lakes region. The program is coordinated by the Great Lakes
Commission in partnership with the NRCS, the Environmental Protection Agency
and the U.S. Army Corps of Engineers. The enacted bill modifies the program to
implement the recommendations of the Great Lakes Regional Collaboration Strategy
(Sec. 2604).
Technical Assistance and Conservation Program Administration.
Site-specific technical assistance (TA) is provided for producers and landowners in
constructing and installing conservation and natural resource management
technologies. Producers often need TA in designing and implementing appropriate
conservation strategies. The enacted 2008 farm bill makes changes in the TA
component of various conservation programs to respond to these producer needs and
clarifies the purposes of TA. The bill also requires a review of conservation practice
standards and includes specific provisions to ensure that speciality crops, organic
producers, and precision agricultural producers receive adequate conservation TA.
Although NRCS provides TA directly, the enacted bill also authorizes a national
certification process for third-party providers, including non-federal providers (Sec.
2706). In addition, the bill creates an Agriculture Conservation Experienced Services
(ACES) Program to make use of the talents and skills of older, non-USDA
employees (Sec. 2710). The bill further establishes state TA committees composed
of various state conservation officials and agricultural producers for each state to
assist in the implementation and technical aspects of conservation programs (Sec.
2711).
The bill authorizes a new Cooperative Conservation Partnership Initiative
(CCPI) (Section 2707) as a component of the Conservation Technical Assistance
program. It is authorized to target technical and financial resources on conservation
priorities on agricultural and nonindustrial private forest land on a state, local,
multistate, and regional basis. The managerâ€™s report especially encourages locally
developed projects. Eligible CCPI programs include EQIP, CSP, WHIP, Great Lakes
Basin Sediment Control, Conservation of Private Grazing Land, Chesapeake Bay
Region, and Grassroots Water Conservation. The provision reserves 6% of the
funding for these programs for initiatives under the CCPI and establishes criteria for
prioritization of projects, including projects that provide innovative conservation
methods.
Authorized Reports. The enacted 2008 farm bill directs USDA to prepare
a number of statistical and evaluation reports regarding various conservation
programs: (1) an annual report on conservation program enrollments and payments

CRS-11
â€” those greater than $250,000 â€” under the Wetlands Reserve Program, Farmland
Protection Program, Grassland Reserve Program, and the Environmental Quality
Incentives Program (for land having special environmental significance). The bill
also requires a report on the new Agricultural Water Enhancement Program (Sec.
2705). Other required reports include one on the long term implications of
conservation easements (Sec. 2210), an annual report on average county cash rental
rates (Sec. 2110), and an appraisal of soil and water conservation programs (Sec.
2804).
New Conservation Programs
In addition to the changes made to existing agricultural conservation programs,
the enacted 2008 farm bill also expands the range of USDA conservation activities
by creating several new programs, including a program expanding conservation
activities in the Chesapeake Bay region, a new state grants program, a provision to
limit production on native sod, and a provision promoting market-based approaches
to conservation.
Chesapeake Bay Watershed Program. This program (Sec. 2605) is
targeted at conserving and protecting the Chesapeake Bay and the water sources that
make up the watershed. It applies to all tributaries, backwaters, and side channels,
including watersheds, draining into the Chesapeake Bay, but gives priority to the
Susquehanna, Shenandoah, Potomac, and Patuxent Rivers. The bill authorizes $188
million in mandatory funding (FY2009-FY2012) and $438 million over 10 years
(FY2009-FY2018).
Voluntary Public Access and Habitat Incentives Program. Also
referred to as the â€œOpen Fieldsâ€ program, this program authorizes state grants to
encourage land-owners to provide public access for wildlife-dependent recreation,
subject to a 25% reduction for the total grant amount if the opening dates for
migratory bird hunting in the state are not consistent for residents and non-residents.
The bill provides $50 million in mandatory funds (FY2009-FY2012) for the program.
Sodsaver Provision. This 2008 farm bill provision (Sec. 12020) makes
producers that plant an insurable crop (over 5 acres) on native sod ineligible for crop
insurance and the noninsured crop disaster assistance (NAP) program for the first
five years of planting. The conference agreement states that this provision may apply
to virgin prairie converted to cropland in the Prairie Pothole National Priority Area,
if elected by the state.
Environmental Services Markets. This new conservation provision (Sec.
2709) is intended to facilitate the participation of farmers and landowners in
emerging environmental services markets, such as water and air quality, habitat
protection, and carbon storage. The farm bill directs USDA to establish a framework
for developing consistent standards and processes for quantifying environmental

CRS-12
services from the agriculture and forestry sectors, but does not authorize funding for
this effort.7
Miscellaneous Conservation Provisions
The enacted farm bill also includes changes to several additional programs. The
Colorado River Basin Salinity Control Act makes funding available to support
resource management activities targeting sources of salinity in the Colorado River
(e.g., leaking wells, irrigation, industrial sources). The enacted farm bill establishes
a Basin States Program for salinity control activities upstream of the Imperial Dam
(sec. 2806).
The 2002 farm bill authorized that mandatory spending of $200 million be
transferred to the Bureau of Reclamation to provide water to at-risk natural desert
terminal lakes. Section 2807 of the enacted bill provides $175 million for desert
terminal lakes, but also designates that part of this funding be used for land and water
purchases in the Walker River Basin. The basin lies on Californiaâ€™s eastern border
with Nevada.
A provision in the Credit title of the enacted 2008 bill (Sec. 5002) establishes
a new loan and loan guarantee program to assist producers in financing the cost to the
producer for applying for needed conservation installations. The managerâ€™s report
states that the loan program is only a complement to the assistance provided through
the various conservation programs. The bill gives priority for these loans to
beginning and socially disadvantaged farmers and ranchers, those converting to
organic systems, and producers who need conservation assistance to address various
compliance requirements.
Response from Conservation Interest Groups. The majority of
agriculture and farmland conservation groups have responded favorably to the
expanded provisions and increased funding for programs in the Conservation Title
of the 2008 farm bill. Since enactment, a few national wildlife groups have
expressed concern about changes to some provisions during the conference
negotiations, which are perceived as providing fewer benefits to the protection of
wildlife and wildlife habitat. Among the concerns expressed by these groups are the
reduction in the CRP acreage enrollment cap reduction, easing of the requirements
under the â€œsodsaverâ€ provision, limitations on the types of lands eligible under
Wildlife Habitat Incentives Program, and the new permanent disaster fund, which
could encourage marginal land plantings, among other concerns.
7 For more information on environmental services and the role of markets in environmental
conservation planning, see CRS Report RL34042, Environmental Services in the 2008 Farm
Bill, by Renee Johnson.

CRS-13
Appendix A. Comparison of the House and Senate Farm Bills, and the
Conference Agreement (H.R. 2419)
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
Program Definitions and Funding
Sec. 1201 of the Food Security Act of
No provisions.
Adds definitions of beginning farmer or
Adopts Senate provision with changes.
1985 (FSA) (P.L. 99-198, or the 1985
rancher, Indian tribe, nonindustrial
Removes the test of net worth. Adopts
farm bill), as amended, defines 18 terms.
(Note: some terms added by the Senate
private forest land, socially
the 1990 farm bill definition of a socially
[16 U.S.C. 3801]
bill in this section are defined for specific
disadvantaged farmer or rancher, and
disadvantaged farmer or rancher, with
conservation programs, as noted below.)
technical assistance. Authorizes USDA
changes to define farm, integrated pest
to employ a test of net worth or other
management, person and legal entity, and
measure to qualify. [Sec. 2001]
livestock. [Sec. 2001]
Sec. 1241(a) of the FSA, as amended,
Extends reauthorization through FY2012
Extends reauthorization through FY2012
Extends reauthorization through FY2012
authorizes mandatory funding through
with funding specified for CSP, FPP,
with funding specified for CSP, FPP,
with the following in additional new
FY2007 to carry out various conservation
EQIP, and WHIP. [Sec. 2401(a)]
EQIP, WHIP, GRP, and the Voluntary
budget authority: CSP ($1.1 billion);
programs. [16 U.S.C. 3841]
Public Access and Habitat Incentives
EQIP ($3,393 million); and FPP ($773
Program. [Sec. 2401(a)]
million). [Sec. 2701]
Note: Authorized funding levels for
various programs is provided in
individual program sections below.
Highly Erodible and Wetland Conservation
Secs. 1211-1212 of the FSA, as amended,
No comparable provision.
Adds a second level of review by the
Adopts Senate provision, providing for
makes violators of the conservation
state or district director, with technical
review of good faith determinations
compliance program ineligible for certain
concurrence from USDAâ€™s Natural
related to highly erodible land
program benefits, with some exceptions
Resources Conservation Service (NRCS)
conservation. [Sec. 2002]
from full loss of eligibility. [16 U.S.C.
if the Secretary has determined that this
3811-3812a and 3812f]
exception should apply. [Sec. 2101]
Secs. 1221-1222 of the FSA, as amended,
No comparable provision.
Add a second level of review by the state
Adopts Senate provision, providing for
makes swampbuster ineligible for certain
or district director, with technical
review of good faith determinations
program benefits, with some exceptions
concurrence from NRCS if the Secretary
related to wetland conservation.
from full loss of eligibility. [16 U.S.C.
has determined that this exemption
[Sec. 2003]
3821-3824, and 3822h]
should apply. [Sec. 2201]

CRS-14
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
Comprehensive Conservation Enhancement Program
The 1990 farm bill amended Sec. 1230 of
No comparable provision. (Note:
Deletes Section 1243 in current law, and
Does not reauthorize the CCEP. The
the FSA to establish a program later
Amendments to Sec. 1243 described
moves some provisions, amended, into
Healthy Forest Reserve Program is
renamed the Comprehensive
below in the â€œother conservation
this (and other) sections. Extends CCEP
retained in the forestry title [Sec. 8205];
Conservation Enhancement Program
programsâ€ subsection .)
through FY2012. Makes changes that
the county acreage cap is addressed
(CCEP). The CCEP, which includes the
reduce administrative burdens, streamline
elsewhere [Sec. 2708]. The agreement
Conservation Reserve Program (CRP),
the application process, and promote
adopts a provision to exclude CREP
Wetlands Reserve Program (WRP), and
partnerships. Deletes EQIP from CCEP
acreage and continuous CRP acreage
the Environmental Quality Incentives
and adds the Healthy Forests Reserve
from the 25% cap if the county
Program (EQIP), promotes long-term
Program. Adds a new exception whereby
government concurs, and further
protection for environmentally sensitive
USDA may exceed the enrollment
specifies this provision is separate and
lands through easements and technical/
limitation when a state or local regulation
distinct from the existing waiver
financial assistance. [16 U.S.C. 3830]
prohibits agricultural water use, requiring
authority. Additional guidance is
USDA to enroll the land within 180 days
provided in the Managers statement.
Note: Administration of CCEP, the
of receiving a request and pay a rental
subject of sec. 1243, is described below.
rate that reflects the rate prior to
implementing the regulation. [Sec. 2301]
The 1990 farm bill amended Sec. 1243 of
Amends administration provisions by
Amends to streamline application
Adopts House provision with changes
the FSA to authorize administration of
moving sections on acreage enrollment
process, add new endangered species
and names the initiative the Cooperative
CCEP. Provisions include avoiding
limits, tenant protection, and obtaining
provisions, and establish new
Conservation Partnership Initiative
duplication of required conservation
technical assistance. Establishes a new
partnerships and cooperation projects for
(CCPI). [Sec. 2707] Allows USDA to
plans, limiting enrollment under CRP and
Cooperative Conservation Partnership
special projects (up to 5 years) with
make consider local circumstances, goals,
WRP to 25% of the cropland in a county,
Initiative to carry out projects/initiatives
multiple producers and eligible partners
and objectives, and provides for
protecting the interests of share croppers
using competitive (2-5 years) grants.
to address state conservation
adjustments to provide producers
and tenants, allowing approved sources
Specifies 14 criteria to be used in
recommendations. Specifies five project
preferential enrollment in the applicable
to provide technical assistance, and using
reviewing applications and 9 project
purposes, lists application contents, and
program as part of the special project.
up to 5% of the funds from the
priorities. Specifies duties of participant
identifies USDAâ€™s duties and priorities
Applies to all USDA conservation
mandatory funded conservation programs
and USDA. Specifies program will be
when selecting projects (including 14
programs except CRP, WRP, FPP and
to foster cooperation through
funded with 10% of funds for CSP,
priority water project areas); also requires
GRP. The stated intent is to provide for
partnerships. [16 U.S.C. 3844]
EQIP, and WHIP. The federal share for
monitoring and evaluation. Specifies
applications that include innovative
each project will be at least 75% of costs;
funding of 10% of the mandatory funds
combinations of covered initiative
90% of the funds will be allocated at the
allocated to each state (except CRP, CSP,
programs, and applications that might
state level (incentives and bonus
WRP, and the new Conservation
work in tandem with the enhancement
payments may be used for specified
Stewardship Program), with 75% of
programs under CRP or WRP. Additional
purposes). Limits administrative costs to
funds for intra-state and 25% for multi-
guidance is provided in the Managers
5% of any grant. [Sec. 2403]
state projects. [Sec. 2405]
statement.

CRS-15
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
Conservation Reserve Program
Sec. 1231(a-d) of the 1985 farm bill
Extends authorization through CY2012;
Extends authorization through CY2012.
Extends authorization through CY2012,
(FSA) authorizes the CRP; the program is
retains current acreage enrollment limit
Retains current acreage enrollment limit.
and allows USDA to address issues under
currently authorized through CY2007 at
(39.2 million acres). [Sec. 2101(a-b)]
Adds pollinator habitat to the general
State, regional, and national conservation
39.2 million acres. [16 U.S.C. 3831(a-d)]
purposes. Expands eligible land to
initiatives. Caps enrollment at 32 million
include some types of marginal pasture-
acres [Sec. 2103]. Clarifies that alfalfa
land and land enrolled in a new flooded
grown as part of a rotation practice is a
farmland program. [Sec. 2311(a-c)]
commodity for crop history purposes.
[Secs. 2101-2102, 2105] Provides for
pollinator habitats. [Secs. 2706, 2708]
Sec. 1231(f) of the FSA, as amended,
Deletes states but retains Chesapeake Bay
Similar to the House bill; also adds to the
Adopts House provision to include all
lists priority areas as the Chesapeake Bay
region. [Sec. 2101(b)]
list the prairie pothole region, the Grand
States that make up the Chesapeake Bay
region (PA, MD, VA) , the Great Lakes
Lake St Maryâ€™s Watershed, and the
Region as the Conservation Priority Area.
Region, and Long Island Sound. [16
Eastern Snake Plain Aquifer. [Sec.
[Sec. 2104]
U.S.C. 3831f]
2311(d)]
Sec. 1231(h) of the FSA, as amended,
Extends program through CY2012. [Sec.
Extends program through CY2012;
Adopts Senate provision with changes.
authorizes a one million acre pilot
2101(e)]
expands eligibility to include certain
Caps enrollment at 100,000 acres in any
program within the CRP for wetlands and
shallow water areas and certain
State and 1 million acres total. Adds
buffer areas. [16 U.S.C. 3831h]
agricultural drainage water treatment
conforming changes to the Emergency
collection areas, and expands the eligible
Forestry Conservation Reserve Program.
buffer acreage. Directs USDA to
Expands enrollment of wetland and
establish the maximum size of the buffer
buffer acreage to include land that had
acreage to be enrolled along with eligible
been cropped during 3 of 10 crop years
lands. Increases the maximum wetland
prior to 2002 and after 1990 and is
size to 40 contiguous acres and makes all
subject to a natural overflow of a prairie
acres eligible for payment. [Sec. 2311(e)]
wetland. [Sec. 2106]
Sec. 1232(a)(7) of the FSA, as amended,
Allows managed haying and grazing to
Allows managed haying and grazing to
Adopts House provision with changes,
specifies a duty of participants is limiting
control invasive species, and adds detail
control invasive species and permits
allowing for routine grazing, including
commercial uses, including haying and
on allowed uses, enrolled lands, and
managed haying and grazing that is a part
grazing to control invasive species.
grazing on enrolled lands; allows
adjustments to annual contract payments.
of a conservation plan. [Sec. 2311(h)]
Additional guidance is provided in the
managed haying/grazing under certain
[Sec. 2101(f)]
Managers statement. [Sec. 2108] Grants
circumstances. [16 U.S.C. 3832a(7)]
â€œmanagement on landâ€ should not result
in a reduced payment, if done in
accordance with the contract. [Sec. 2107]
Sec. 1234(c) of the FSA, as amended,
Requires USDA to conduct and make
Similar to the House bill; also requires
Adopts Senate provision with changes,

CRS-16
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
establishes a framework for calculating
available an annual survey of dryland and
USDA to give preference to local owners
adding a new requirement that USDA
annual rental payments. [16 U.S.C.
irrigated cropland cash rental rates in all
or operators when considering competing
give priority to offers from local
3834c]
counties with more than 20,000 acres of
offers providing equivalent benefits.
residents if conservation benefits are
crop and pasture land. [Sec. 2101(g)]
[Sec. 2311(j)]
equivalent among offers. [Sec. 2110 ]
Sec. 1235(e) of the FSA, as amended,
Allows USDA to terminate any contract
Allow USDA to terminate a contract if a
Adopts House provision. [Sec. 2111]
allows USDA to terminate CRP contracts
after 5 years, but prohibits terminating
retired or disabled producer has endured
after 5 years if contract was in effect
contracts for land enrolled under a
financial hardship because of taxes on
before 1/1/95. [16 U.S.C. 3835e]
continuous signup. [Sec. 2101(I) and (j)]
rental payments. [Sec. 2311(k)]
No comparable provision.
No comparable provision.
No comparable provision.
Specifies a 50% federal share of cost
sharing payments relating to trees,
windbreaks, shelterbelts, and wildlife
corridors. [Sec. 2109]
The 2002 farm bill amended Sec. 1244(a)
Facilitates the transfer of CRP land from
No comparable provision.
of the FSA to authorize USDA to provide
a retiring owner to a beginning / socially-
incentives to beginning farmers/ranchers
disadvantaged producer to return land to
(Note: Support for socially disadvantaged
and Indian tribes to participate in con-
production, and allows new owner to
and limited resource farmers/ranchers are
servation programs. [16 U.S.C. 3844(a)]
begin land improvements or start organic
in other bill sections.)Adopts House
certification process one year before CRP
provision with modifications. [Sec. 2111]
contract expires. [Sec. 2101(h)]
No comparable provision.
No comparable provision.
Creates new Flooded Farmland Program
Deletes this section and modifies CRP
for the Prairie Pothole region within the
and WRP to accomplish the intent of the
CRP. Allows continuous enrollment.
Senate amendment, including expanding
Eligible land parcels must exceed 5 acres,
eligible lands under the CRP pilot
been incapable of production preceding 3
program for wetlands and buffer areas
crop years, have a cropping history, and
[Sec. 2106] and expands eligible lands
have no natural outlet. [Sec. 2312]
under WRP. [Sec. 2201]
No comparable provision.
No comparable provision.
Creates new Wildlife Habitat Program
Deletes this section and modifies CRP to
for CRP participants with established
accommodate the intent of the Senate
softwood pine stands using management
amendment. Additional guidance is
practices that benefit wildlife (contracts
provided in the Managers statement.
up to 5 years). Program ends September
30, 2011. [Sec. 2313]
Wetlands Reserve Program
The 1996 farm bill amended Sec. 1237(a)
Adds to the purposes to create and to
No comparable provision.
Amends purposes to restore, protect, or

CRS-17
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
of the FSA to authorize WRP, stating its
enhance wetlands, and to purchase
enhance wetlands on private or tribal
purpose to restore and protect wetlands.
floodplain easements. [Sec. 2102(a)]
lands. [Sec. 2201]
[16 U.S.C. 3837a]
Sec. 1237(b) of the FSA, as amended,
Sets maximum enrollment at 3.605
Sets annual fiscal year enrollment goal of
Sets maximum enrollment at 3.041
sets maximum enrollment at 2.275
million acres. Sets an annual fiscal year
250,000 acres, with no enrollment after
million acres. Sets annual fiscal year
million acres, with an annual calendar
enrollment goal of 250,000 acres, of
FY2012. [Sec. 2321]
enrollment goal of 250,000 acres through
year enrollment goal of 250,000 acres.
which not more than 10,000 acres may be
FY2012. [Sec. 2202-2203]
[16 U.S.C. 3837b]
flood plain easements. [Sec. 2102(b)]
New section adds language authorizing
WRP from FY2008-12. [Sec. 2402(h)]
Sec. 1237(c) of the FSA, as amended,
Adds riparian areas to eligible wetlands,
Expands eligible lands under WRP to
establishes requirements for eligible
and makes eligible floodplain land
include cropland or grassland that was
lands through 2007. [16 U.S.C. 3837c]
flooded in the past calendar year or at
used for agricultural production prior to
least twice in the past 10 years, and land
flooding from the natural overflow of a
that contributes to flood water storage,
closed basin lake or pothole. [Sec. 2203]
flow, or erosion control. [Sec. 2102(c)]
Adds terms to â€œmeet habitat needs of
specific wildlife species.â€ [Sec. 2204]
Sec. 1237(e) of the FSA, as amended,
Expands ineligible lands to include
No comparable provision.
Expands ineligible lands to include
identifies ineligible land to include lands
floodplains where restoration practices
farmed wetland or converted wetland,
already planted to timber in the CRP. [16
would not be productive or the land is
together with the adjacent land that is
U.S.C. 3837e]
already protected. [Sec. 2102(d)]
functionally dependent on the wetlands,
except wetlands converted before
December 23, 1985. [Sec. 2203]
Sec. 1237A(f) of the FSA, as amended,
Limits compensation to lowest of 4
Limits compensation to lowest of 3
states compensation to be paid in cash (in
options: percentage of the fair market
options: an amount necessary to
5 to 30 payments) and not to exceed the
value; percentage of market value
encourage enrollment; a limit for a
fair market value, as reduced by the
determined by a survey; a geographic
geographic area; or a landownerâ€™s offer.
easement. [16 U.S.C. 3837a(f)]
cap; or a landownerâ€™s offer. Allows
Compensation may be in 1 to 30
USDA to use non-federal contributions to
payments. [Sec. 2322(b)(3-4)]Adopts
administer program [Sec. 2102(e)]
House provision with changes, revising
the process for determining the value of
easements and contracts by requiring
USDA to provide the lowest amount of
compensation based on a comparison of
the fair market value of the land, a
geographic cap, or an offer

CRS-18
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
made by the landowner. Provides that
easements with values less than $500,000
be paid out over 1-30 years; easements
with values greater than $500,000 are to
be paid out over 5-30 years. [Sec. 2208]
Provides for the repeal of payment
limitations (exception for State
agreements for new Wetlands Reserve
Enhancement Program. [Sec. 2209]
Sec.1237C(c) of the FSA, as amended,
Adds new additional criteria for ranking
No comparable provision.
Adopts House provision. [Sec. 2207]
lists three considerations USDA is to use
offers (conservation benefits; cost-
when considering offers for WRP
effectiveness; and offer of a financial
contracts. [16 U.S.C. 3837c(c)]
contribution) and conservation benefits
of floodplain lands. [Sec. 2102(f)]
Sec. 1237D(c)(4) of the FSA, as
Replaces provision with a new language
Authorizes a Wetlands Reserve
Adopts Senate provision authorizing
amended, waives limits for public entities
on Wetland Reserve Enhancement
Enhancement Program (WREP). Makes
WREP for agreements with States similar
receiving payments through the wetland
program, where states contribute funds so
a conforming change to allow payments
to CREP. Authorizes a Reserved Rights
and environmental enhancement
as to increase payments. [Sec. 2102(g)]
for 30-year contracts. [Sec. 2322(c)]
Pilot program. [Sec. 2205-2206]
programs. [16 U.S.C. d(c)(4)]
No comparable provision.
No comparable provision.
Requires a report to House and Senate
Adopts Senate provision. [Sec. 2210]
Agriculture Committees by 1/1/2010 on
the implications of long-term easements
on USDA resources. [Sec. 2322(d)]
Conservation Security Program
The 2002 farm bill amended the FSA to
Establishes a new CSP for FY2012-2017.
Authorizes through FY2012 a new CSP
Defines program terms for the new CSP.
establish the Conservation Security
Eligible producers must submit an offer
as a conforming amendment, and
Adopts elements of the Senate provision.
Program (CSP) for FY2003-11. Defines
addressing â€œat least one priority resource
reauthorizes current CSP for existing
Expands eligible lands to include
eligible producers and eligible lands and
of concern to a minimum level of
contracts only. Future CSP contracts
nonindustrial private forest land (limited
excluded lands (land enrolled in
management intensity.â€ Eligible land
would be replaced by a Comprehensive
to not more than 10% of total annual
multiyear land retirement programs and
excludes incidental forest land. Limits
Stewardship Incentives Program
acres under the program). Permits 5-year
land not in crop production at least 4 of
program to one type of contract of 5
consisting of a Conservation Stewardship
extension of contracts. Excludes under
the preceding 6 years). Specifies terms
years; describes five elements to be in all
Program with similar provisions of the
the program, land used for cropland that
for 3 tiers of conservation contracts.
contracts, but eliminates list of topics to
existing CSP and EQIP. Eligible land
had not been planted, considered to be
Identifies topics that may be addressed in
be addressed. Prohibits termination of
must have been planted to crops 4 of
planted, or devoted to crop production
contracts. Contracts are 5 years under tier
contracts, without penalty, by a producer
preceding 6 years. Specifies contract are
for 4 of the 6 years prior to the date of

CRS-19
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
1, and 5 to 10 years under tiers 2 and 3.
who is required to modify a contract.
for 5 years, with renewal under certain
enactment of the act (unless the land had
Specifies circumstances and requirements
Allows contracts to be renewed for one
conditions. Allows for terminating and
previously been enrolled in CRP; had
for modifying, terminating, and renewing
additional 5 year period. Adds new
changing contracts. Specifies how to
been maintained in a long term crop
contracts. Contracts may be renewed for
provisions on evaluating offers from
evaluate contract offers, producer duties,
rotation; or was incidental land needed
5 to 10 years. Defines 15 terms
organic producers. Defines twelve terms
enhancement terms, and supple-mental
for efficient operation). [Sec. 2301]
pertaining to the program.
that are new terms or differ from current
payments. Defines 15 terms. [Secs.
[16 U.S.C. 3838]
law. [Sec. 2103(a)]
2391 and 2341]
Secs 1238A(d-3) of the FSA, as
Limits program to 1 type of contract of 5
Defines eligible land and eligible
Adopts Senate provision with
amended, specifies terms for 3 tiers of
years and describes 5 elements to be in
producers; land must have been planted
modifications. Authorizes supplemental
conservation contracts. Identifies topics
all contracts, but eliminates list of topics
to crops 4 of preceding 6 years. Contents
payments for producers who adopt a
that may be addressed in contracts.
to be addressed. Contracts could no
of contracts are specified and are for 5
beneficial crop rotation that provide
Contracts are 5 years under tier 1, and 5
longer be terminated, without penalty, by
years, with renewal if certain conditions
significant conservation benefits and are
to 10 years under tiers 2 and 3. Specifies
a producer who is required to modify a
are met. Specifies considerations in
not limited to a particular crop, cropping
circumstances and requirements for
contract. Contracts may be renewed for
evaluating contract offers, producer
system, or region of the country. Allows
modifying, terminating, and renewing
1 additional 5 year period. New
duties, enhancement terms, and
for on-farm conservation research and
contracts. Contracts may be renewed for
provisions on evaluation of offers and
supplemental payments. Adds provisions
demonstration activities and pilot-testing
5 to 10 years [16 U.S.C. 3838a(d-e)]
coordination with organic certification
on terminating and changing contracts.
as part of contract offers. Allows for
are added. [Sec. 2103(a)]
[Sec. 2341]
contract modification. [Sec 2301]
Sec. 1238C of the FSA, as amended,
Alters duties of the Secretary to include
Alters duties of the Secretary to allow for
Provides that state acreage allocations be
specifies that duties of the Secretary
identification of priority resources of
continuous enrollment (allowing a
based on each stateâ€™s proportion of
include making payments early in each
concern at the state level (limited to 5
producer to apply at any time during the
eligible acres to the total eligible acres
fiscal year, the components of payments
concerns in any geographic area of a
year), providing assistance to producers,
nationwide (available to all producers,
for each tier, annual payment limits for
state). Limits total payments under a
and maintaining contract and payment
not only specific watersheds/geographic
each tier ($20,000 for tier 1, $35,000 for
contract to $150,000 (5 years); allows
information that will support program
regions), allowing for input from USDA.
tier 2, and $45,000 for tier 3), minimum
for the environmental needs associated
monitoring and evaluation, and enabling
Directs USDA to adopt continuous
requirements for practices, and
with agriculture to be considered in state
specialty crop producers to participate.
enrollment, but allows for USDA to
requirements for implementing
allocations; requires USDA to compile
Specifies an acreage allocation, limiting
determine when to rank applications.
regulations [16 U.S.C. 3838c]
data of specified program contract and
payments to $240,000 (6-year).
Directs USDA to provide technical
payment topics. [Sec. 2103 (a)]
[Secs. 2391 and 2341]
assistance to specialty crop and organic
producers. Directs USDA to encourage
producers who are transitioning from
land retirement programs to enroll in
CSP and other working lands programs.
Limits payments to $200,000 in any 5-
year period. [Sec. 2301]
No comparable provision.
No comparable provision.
Provides for enrollment of up to 79.628
Deletes Senate provision. Enrolls an
million acres and attempted annual
additional 12.8 million acres annually

CRS-20
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
enrollment of 13.273 million acres,
FY2008-2017. [Sec. 2301]
nationwide and at a average annual cost
of $19 per acre. Provides for small farm
participation, and allocates to each state
each year the lesser of 20,000 acres or
2.2% of the eligible land. [Sec. 2341]
No comparable provision.
No comparable provision.
Requires regulations to be issued within
Deletes Senate provision. Directs USDA
180 days of enactment. [Sec. 2341]
to promulgate regulations. [Sec. 2301]
Sec. 1241(a)(3) of the FSA, as amended,
Prohibits any new contracts under the
Prohibits any new contracts under the
Adopts Senate provision. The Managerâ€™s
authorizes mandatory funding for the
terms of the 2002 CSP, such that no new
terms of the 2002 CSP, such that no new
report states that the bill provides for a
CSP at $1.954 billion for FY2006-10 and
CSP contracts may be entered into after
CSP contracts may be entered into after
$1.1 billion increase in budget authority
$5.65 billion from FY2006-15. [16
October 1, 2007 (although payments may
October 1, 2007 (although payments may
above current baseline (FY2008-2017).
U.S.C. 3841(a)(3)]
be continued until contracts expire). For
be continued until contracts expire).
Provides such sums as necessary to carry
contracts signed before 10/1/07, provides
Authorizes $2.3 billion in mandatory
out existing CSP contracts. [Sec. 2701]
a total of $1.5 billion in mandatory
funding for contracts entered into before
funding for FY2007-12, and $1.9 billion
the date of enactment, (available until
for FY2012-17. For contract signed after
spent) and an unspecified amount for the
10/1/11, provides $0.5 billion for
new CSP (enrollment in the new program
FY2012 and $4.6 billion for FY2012-17.
is measured in acres rather than dollars).
[Sec. 2401(b)]
[Sec. 2401(a)(3-4)]
Environmental Quality Incentives Program
The 1996 farm bill amended Sec. 1240 of
Adds forest management and organic
Adds forest management to the statement
Adds forest management to purposes,
the FSA to authorize EQIP, stating its
transition to the program purposes.
of program purposes, and recognizes
and adds language regarding forest lands
purpose as promoting production and
Revises the descriptions of 2 of the 5
pollinators and fuels management in the
on EQIP program plan and duplication.
environmental quality as compatible
purposes to recognize energy
amplifying statements. [Secs. 2351,
[Secs. 2505-2506] Adopts the Senate
goals, and optimizing environmental
conservation and conservation on forest
2352, and 2354] Adds aquaculture to the
provisions with an amendment to modify
benefits by working in 5 specified areas.
lands. [Sec. 2105(a)] Adds forestry,
â€œeligible landâ€ definition; forestry is
eligible land. [Sec. 2502] Allows for
[16 U.S.C. 3839aa] Defines 6 terms:
forest management practices, and
added to the â€œland management
technical assistance to farmers that
beginning farmer or rancher, eligible
coordinated implementation to the â€œland
practiceâ€ definition; adds conservation
promote pollinator habitats, and farmers
land, land management practice,
management practiceâ€ definition. Adds
planning practices to â€œpractices;â€ defines
transitioning to organic farming, among
livestock, practice, and structural
alpacas and bison to the â€œlivestockâ€
â€œproducerâ€ to include custom feeding
activities. [Sec. 2501] Further clarifies
practice.
definition. Adds definitions of
businesses and contract growers; and
duties of the Secretary. [Sec. 2507]
â€œintegrated pest managementâ€ and
adds firebreaks to â€œstructural practice.â€
â€œsocially disadvantaged farmer or
[Sec. 2352]
rancher.â€ [Sec. 2105(b)]

CRS-21
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
Sec. 1240B(a-c) of the FSA, as amended,
Reauthorizes through FY2012. Expands
Reauthorizes through FY2012. Expands
Reauthorizes through FY2012. Limits
authorizes EQIP through FY2010.
types of eligible practices to include
permitted practices to include
payments to 75% of costs. [Sec. 2503]
Eligible practices are defined. Contracts
organic certification using technical
conservation planning. Limits contracts
Lowers individual payment limits from
are 1 to 10 years. [16 U.S.C. 3839aa-
services from approved providers, and
to a maximum of 5 years. Removes
$450,000 to $300,000 during any 6-year
2(a-c)]
improved energy efficiency, renewable
prohibitions on bidding down. [Sec.
period , except in cases of special
energy systems. [Sec. 2105(c)]
2353(a-c)]
environmental significance (including
projects involving methane digesters),
allowing USDA to raise the limit to not
more than $450,000. [Sec. 2508]
Directs USDA to develop criteria for
evaluating applications to address
national, State, and local conservation
priorities, allowing for prioritization and
grouping of applications based on cost-
effectiveness, how address the designated
resource concern(s), how best fulfills the
purpose of EQIP, and if improves conser-
vation practices or systems. [Sec. 2504]
Sec. 1240B(d)(2) of the FSA, as
Sets the federal cost share at 90% for
Sets the federal cost share at 90% for
Adopts Senate proposal. [Sec. 2503]
amended, allows limited resource and
socially disadvantaged producers.
socially disadvantaged producers.
beginning producers to receive not more
Provides increased federal cost-share of
Allows for advanced payments to
than a 90% federal cost share. [16 U.S.C.
90% for using gasifier technology for
purchase materials and contracting. [Sec.
3839aa-2(d)]
certain purposes. [Sec. 2105(d-e)]
2353(c)]
Sec. 1240B(e) of the FSA, as amended,
Expands purposes for incentive
Expands purposes receiving special
Adopts House provision. [Secs. 2503.
provides incentive payments to perform
payments: (1) receiving technical
emphasis to include predator species
2706 and 2708] Includes special rule
land management practices, with special
services from approved third party
protected under the Endangered Species
that USDA may accord significance to
emphasis given to practices that promote
providers, (2) developing a
Act, gray wolves, grizzly bears, and
practices promoting residue, nutrient, air
specified goals. [16 U.S.C. 3839aa-2(e)]
comprehensive nutrient management
black bears. [Sec. 2353(c)(3)]
quality, pest, and invasive species
plan, and (3) implementing energy
management; pollinator habitat; and
efficiency and renewable energy
animal carcass management technology.
projects. Pollinator habitats will receive
The conference report recognizes as
special emphasis. [Sec. 2105(f)]
consistent with the purposes of EQIP
options to deter predators protected by
the Endangered Species Act, and also
delisted populations.
Sec. 1240B(g) of the FSA, as amended,
Extends through FY2012 the 60% of
Similar to the House bill.
Extends through FY2012 the 60% of
requires that 60% of payments go to
payments to livestock production
[Sec. 2353]
payments to livestock production

CRS-22
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
practices related to livestock production
requirement. [Sec. 2105(g)(2)]
requirement. [Sec. 2503]
requirement. [16 U.S.C. 3839aa-2(g)]
No comparable provision.
Requires USDA to reserve at least 5% of
Amends the cost-share rate exception for
Adopts Senate provision for advance
program funds for beginning and socially
beginning and socially disadvantaged
payments for beginning, socially
disadvantaged producers for at least 90
farmers or ranchers to allow variable
disadvantaged and limited resource
days after the program funds have been
payment, not to exceed 90%, and
farmers or ranchers and deletes
made available. [Sec. 2105(g)]
authority to provide advance payments
Senate provision for guaranteed loan
up to 30% for the purchase of materials
eligibility. Adopts Senate provision with
or contracting. [Sec. 2353]
an amendment for cost-share rates and
advance payments for beginning, socially
disadvantaged, and limited resource
farmers or ranchers. [Sec. 2503]
No comparable provision.
No comparable provision.
Gives priority to improving water
Deletes Senate provision.
conservation and air quality, under
certain conditions. Requires participants
to have/expect at least $15,000 in gross
sales from farming. [Sec. 2353(c)(6)]
No comparable provision.
Expands eligibility to market agencies
Expands â€˜producerâ€™ eligibility to include
Adopts Senate provision with an
and custom feeders. [Sec. 2105(h)]
a custom feeding business and a contract
amendment to modify eligible land.
grower or finisher. [Sec. 2352]
[Sec. 2502]
Sec. 1240C of the FSA, as amended,
Identifies 5 priorities for program
Adds a higher priority for improving
Adopts House provision with changes to
gives higher priority for participation in
applications. Specifies a streamlined
conservation practices or systems in
prioritize State, regional, or local
EQIP to producers using cost-effective
evaluation process for operations with
place at the time of the contract offer.
resource concerns, and to allow for the
conservation practices and practices that
substantial and sound environmental
[Sec. 2354]
grouping of applications of similar
address national conservation priorities.
management systems involving a limited
agriculture operations. [Sec. 2502]
[16 U.S.C. 3839aa-3]
number of practices. [Sec. 2105(I)]
Sec. 1240E of the FSA, as amended,
Adds to the planning requirements the
Includes forestry language similar to
Adopts House forestry provision [Sec.
defines the general contents of a
need to be consistent with forest plans,
House bill, but also allows a producer
2502], but strikes Senate provision on
producerâ€™s EQIP plan, and calls on
and allows as an acceptable plan
organization to act on behalf of its
producer organizations.
USDA to avoid duplication with other
consideration of an air or water quality
membership in submitting applications or
conservation plans. [16 U.S.C. 3839aa-5]
permit that meet regulatory requirements
conducting similar activities to facilitate
as an acceptable plan. [Sec. 2105(k)]
program participation. [Sec. 2356]
Establishes a Chesapeake Bay Watershed
Conservation Program under EQIP to
assist producers in applying conservation

CRS-23
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
practices on agricultural/nonindustrial
private forestland in the Bay watershed to
address natural resource concerns related
to agriculture, funded at $165 million for
FY2008-12. [Sec. 2361]
Sec. 1240F of the FSA, as amended,
Lists 3 criteria that must be met before
No comparable provision.
Deletes House provision.
provides for USDA funding, information,
USDA can provide assistance for
and training to develop and implement
practices with a primary purpose of water
conservation plans. [16 U.S.C. 3839aa-6]
conservation. [Sec. 2105 (l)]
Sec. 1240H of the FSA, as amended by
Adds to the Conservation Innovation
Adds to the Conservation Innovation
Adopts House provisions related to forest
the 2002 farm bill, provides for a
Grants provisions under EQIP. Adds
Grants provisions under EQIP. Adds
resource management and air quality.
competitive grants program within EQIP,
detail on qualities of eligible projects,
nonindustrial private forest lands to the
Provides $37.5 million annually
on a matching basis, to implement
establishes a pilot program for
list of potential recipients of innovative
(FY2009-2012) to implement air quality
innovative conservation practices;
conservation planning in the Chesapeake
technologies. Adds two items to the list
plans. [Sec. 2509] The conference
examples listed are using market systems
Bay watershed, and adds a new
of examples: (1) transfers of innovative
report states conservation programs
in pollution reduction, and using
subsection to assist producers who are
technologies to nonindustrial private
should recognize the use of innovative
innovative practices, such as storing
meeting state and local regulatory air
forest land in production, and (2)
technology such as enhanced efficiency
carbon in soil; no funding is specified.
quality requirements. Provides funding
assistance for specialty crop production.
fertilizers.
[16 U.S.C. 3839aa-8]
from EQIP: $30 million (FY2008) rising
[Sec. 2358]
to $75 million (FY2012), with specified
funds for air quality and for organic and
specialty crop producers. [Sec. 2105(m)]
Sec. 1240I of the FSA, as amended by
Replaces GSWCP with a Regional Water
Maintains GSWCP and provides an
Replaces GSWCP with the Agricultural
the 2002 farm bill, creates a Ground and
Enhancement Program to address water
increase in funding from $60million to
Water Enhancement Program (AWEP)
Surface Water Conservation Program
quality, make eligible governmental
$65 million annually. Provides funding
under EQIP. Provides mandatory
(GSWCP) within EQIP for activities that
entities (including irrigation and water
for each state that received funding under
funding: $73 million annually (FY2009-
will result in a net savings of ground or
districts) and Indian tribes, and to
the program in previous years (simple
2010), $74 million (FY2011), and $60
surface water; lists 6 types of eligible
implement program on a regional scale
average of funds provided for FY2002-
million annually (FY2012 and each year
activities (improve irrigation systems, for
through cooperative agreements.
2007 or the amount provided in 2007,
thereafter). Recognizes the purpose as
example), and provides mandatory
Expands the list of eligible activities and
whichever is greater), except for states
addressing water quality/quantity
funding of $25 million in FY2002,
requires the Secretary to identify priority
over the Ogallala Aquifer, which will
concerns on agricultural land, with the
growing to $60 million annually in
areas. Lists 5 priority areas, which
receive not less than the greater of $3
role of AWEP partners as leveraging
FY2004-07. [16 U.S.C. 3839-aa-9]
together may receive no more than 50%
million or the average of funds provided
federal funds and encouraging producers
of the available funds. Establishes a
for FY2002-2007. Provides at least $20
to address these concerns. The Managers
process for soliciting/selecting proposals
million for the Eastern Snake Plain
report emphasizes the importance of
and developing implementation
Aquifer. [Sec. 2359]
addressing groundwater management in
agreements. Provides mandatory funds
the Ogallala region, promoting water use

CRS-24
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
of $60 million annually through FY2012
efficiency projects, converting irrigated
(limits administrative expenses to no
farming operations to a dryland farming;
more than 3% of the total). [Sec. 2106]
and providing assistance to construct
onfarm reservoirs/irrigation ponds in
drought-stricken areas. Identifies six
priority areas: The Eastern Snake Plain
Aquifer region, Puget Sound, the
Ogallala Aquifer, the Sacramento River
watershed, Upper Mississippi River
Basin, the Red River of the North Basin,
and the Everglades. [Sec. 2510] Follows
same payment limits as under EQIP.
[Sec. 2508] Provides for a transition
period for the existing GSWCP through
September 30, 2008. [Sec. 2903]
Sec. 1240I(c)(2) of the FSA, as amended
Lists the Klamath River basin as one of
No comparable provision.
Deletes House provision.
by the 2002 farm bill, provides $50
the 5 listed priority areas under the
million to carry out water conservation
Regional Water Enhancement Program.
(Note: The Klamath Basin is listed as 1 of
activities in the Klamath River basin
[Sec. 2106 (b)(2)]
14 priority areas in the Partnerships and
(OR, CA) [16 U.S.C. 3839aa-9(c)(2)]
Cooperation Program; see above.)
No comparable provision.
No comparable provision.
Adds program at end of EQIP to assist
Adopts Senate provision. Includes
farmers who are converting to organic
organic practices as eligible management
production (with contracts of 3-4 years).
systems and limits payment to an
Payments are limited to $20,000 per year.
aggregate of $80,000 in any 6-year
[Sec. 2360]
period. [Secs. 2501 and 2503]
Sec. 1241(a)(6) of the FSA, as amended,
Authorizes EQIP funding: $1.25 billion
Authorizes EQIP funding: $1.27 billion
Provides additional budget authority.
authorizes EQIP funding, rising from
(FY2008), $1.6 billion (FY2009), $1.7
annually (FY2008-09), $1.3 billion each
Authorizes EQIP funding: $1.2 billion
$0.4 billion in FY2002 to $1.3 billion in
billion (FY2010), $1.8 billion (FY2011),
(FY2010-FY2012). [Sec. 2401(a)(7)]
(FY2008); $1.337 billion (FY2009);
FY2010. [16 U.S.C. 3841(a)(6)]
and $2 billion (FY2012). [Sec. 2401(d)]
$1.45 billion (FY2012); $1.588 billion
(FY2011); and $1.75 billion (FY2012).
[Sec. 2701]
Farmland Protection Program
The 1996 farm bill amended Sec. 1238H
Reauthorizes program, and renames to
Reauthorizes the program. Modifies
Reauthorizes the program through 2012,
of the FSA to authorize the Farmland
Farm and Ranchland Protection Program
definition of eligible forest land, and
but does not rename program. Changes
Protection Program (FPP), defining
(FRPP). Expands eligible land definition
makes eligible other land that is needed
administrative requirements, appraisal

CRS-25
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
eligible entity, land, Indian tribes, and
to include historic and archaeological
for efficient administration of an
methodology, and terms and conditions
programs. [16 U.S.C. 3838h-I] The
resources. States will be certified
easement. Changes purpose of program
of cooperative agreements. Adopts
program, as amended, provides for the
(reviewed every 3 years) to participate
from protecting topsoil to â€œprotecting
terms/conditions for cooperative
purchase of conservation easements to
and receive program funds based on 4
agricultural use and related conservation
agreements similar to Senate provision.
protect topsoil by limiting the landâ€™s
listed requirements. States may spend up
values.â€ Adds new requirements for
Clarifies the purpose of the program as
nonagricultural uses subject to a pending
to 10% of funds for administrative costs.
cooperative agreements with participants,
protecting land for agricultural use by
offer. The federal cost may not exceed
Lists terms and conditions for agreements
cost-sharing, and protection of the federal
limiting nonagri-cultural uses. Adopts
50% of the value of the easement; the
with eligible entities (reviewed every 3
investment. Allows USDA to enter into
Senate provision to modify the definition
value of a charitable donation by the
years). Provides that USDA may require
cooperative agreements with eligible
of eligible land to include forestland and
seller may not exceed 25% of the value
a contingent right to enforce easement,
entities under certain circumstances, and
other land that contributes to the econo-
of the easement. If multiple applications
and requires the use of a conservation
requires the protection of federal invest-
mic viability of an operation. Establishes
are comparable, USDA may not use cost
plan for highly erodible cropland.
ment through an executory limitation.
a certification process similar to the
alone to determine which ones will be
Retains a federal contingent right of
Limits the amount USDA can share in
House bill for all eligible entities. To
funded.
enforcement or executory limitation in an
the costs of purchasing the easement to
become certified, entities must have the
easement to ensure its enforcement.
50% of the appraised fair market value
authority and resources to enforce
Provides cost-share assistance for
and establishes minimum amounts
easements, polices in place that are
purchasing an easement, but assistance
entities pay based on the amount of
consistent with the purposes of the
may not exceed 50% of the appraised fair
landowner contributions. Requires
program, and clear procedures to protect
market value of the easement. The fair
appraisals based on uniform standards of
the integrity of the program. Includes a
market value is determined by an
professional appraisal practice or any
limit on impervious surfaces consistent
appraisal using an industry-approved
other industry- approved standard.
with agricultural activities, and clarifies
method. [Sec. 2110]
[Sec. 2371]
agreement terms for certified and non-
certified entities. [Sec. 2401-2402]
Sec. 1241(a)(4) of the FSA, as amended,
Mandatory funding for the renamed Farm
Mandatory funding for the FPP is
Provides additional budget authority.
authorizes mandatory funding for the
and Ranchland Protection Program is
authorized at $97 million annually from
Authorizes FPP funding: $97 million
FPP at; $50 million in FY2002, $100
authorized at; $125 million in FY2008,
FY2008 through FY2012. [Sec.
(FY2008); $121 million (FY2009);
million in FY2003, $125 million in
$150 million in FY2009, $200 million in
2401(a)(5)]
$150 million (FY2010); $175 million
FY2004 and FY2005, $100 million in
FY2010, $240 million in FY2011, and
(FY2011); and $200 million (FY2012).
FY2006, and $97 million in FY2007.
$280 million in FY2012. [Sec. 2401(c)]
[Sec. 2701]
[16 U.S.C. 3841(a)(4)]
Grassland Reserve Program
The 2002 farm bill amended Sec. 1238N
Sets the GRP enrollment ceiling at an
Adds definitions: eligible entity, eligible
Adopts an acreage enrollment goal of an
of the FSA to authorize the Grasslands
additional 1.34 million acres, with at least
land, and permanent conservation
additional 1.22 million acres by 2012.
Reserve Program (GRP), setting
60% of these acres to be enrolled using
easement. Eligible entity and authority
Includes 10-, 15-, and 20-year rental
maximum enrollment for at 2.0 million
30 year rental agreements and easements.
would allow for USDA to enter
contracts and permanent easements.
acres (all enrolled parcels in at least 40
[Sec. 2104(a) and (b)]
cooperative agreements with entities to
Deletes House priority for 60% of
contiguous acres). Requires 40% of land
purchase easements. Provides for GRP
acreage in long term contracts; retains

CRS-26
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
enrolled in 10-20 year, and 60% in 30
enrollment options through a 30 year
current law that 60% of funds would be
year agreements. [16 U.S.C. 3838n]
contract, 30 year easement, and
dedicated to easements, while 40% of
permanent easement. [Sec. 2381]
funds would be dedicated to short term
contracts. Adopts Senate definition of
eligible entity, authority, and eligible
land (with technical corrections). Adopts
a priority for enrollment of CRP land
with a modification to clarify that the
priority applies upon expiration of the
CRP contract. [Sec. 2403]
No comparable provision.
Allows USDA to transfer certain land
Allows USDA to transfer certain land
Adopts House provision regarding the
currently in the CRP into the GRP, but
currently in the CRP to be transferred to
method for determining fair market value
limits the total in any calendar year to no
a permanent easement under GRP, but
with a technical correction. [Sec. 2403]
more than 10% of GRP acres enrolled.
limits the total transferred in any calendar
Requires USDA pay the lowest of four
year to 10% of the total funding available
specified ways to calculate fair market
for the GRP in that year. [Sec. 2381]
value. [Sec. 2104(c)]
Sec. 1238O of the FSA, as amended,
No comparable provision.
Specifies landowner duties and USDA
Adopts Senate provisions with changes.
specifies the duties and requirements of
considerations in evaluating offers.
[Sec. 2403]
landowners in the GRP, terms of
Specifies how to determine compensation
easements and agreements, and how
levels and technical assistance. Specifies
applications are to be evaluated. [16
terms/conditions that apply to GRP
U.S.C. 3838o]
contracts/easements, such as permitted
and prohibited uses, minimum require-
ments for cooperative agreements, and
other considerations. [Sec. 2381]
No comparable provision.
Authorizes a Grasslands Reserve
No comparable provision.
Deletes House provision.
Enhancement Program. [Sec. 2104 (d)]
Sec. 1238Q(a) of the FSA, as amended,
Requires USDA to transfer the title of an
Provides authority for USDA to enter
Adopts the Senate amendment provision
allows USDA to transfer the title of an
easement to a private organizations or a
into cooperative agreements with eligible
for cooperative agreements between
easement in the GRP to a state or private
state. [Sec. 2104 (e)]
entities for those entities to purchase,
USDA and eligible entities with a
organization. [16 U.S.C. 3838q(a)]
own, enforce, and monitor easements.
modification to the language specifying
[Sec. 2381]
that eligible entities shall assume costs of
administering and enforcing easements.
Adopts a requirement for a contingent
right of enforcement. [Sec. 2403]

CRS-27
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
Sec. 1241(a)(5) of the FSA, as amended,
No comparable provision.
Total GRP funding limited to $240
Deletes Senate provision.
limits funding for the GRP to a total of
million for FY2008-12, with no acreage
$254 million from FY2003-07. [16
(Note: Sets acreage enrollment limit in
enrollment limit. [Sec. 2401(a)(6]
U.S.C. 3841(a)(5)]
GRP provisions, but no funding limit.)
Wildlife Habitat Incentives Program
The 1996 farm bill amended Sec. 1240N
Reauthorizes WHIP through FY2012;
Reauthorizes WHIP through FY2012;
Limits program eligibility to focus on
of the FSA to authorize Wildlife Habitat
allows additional funds to be used to
increases portion of funds for long-term
lands â€˜â€™for the development of wildlife
Incentives Program (WHIP), providing
meet regulatory requirements that
agreements from 15% to 25% of funding;
habitat on private agricultural land,
cost-sharing to landowners who improve
â€œreduces the economic scope of the
requires USDA to give priority to
nonindustrial private forest land, and
habitat, with up to 15% of the total made
producerâ€™s operation;â€ increases portion
projects that foster the goals of state,
tribal lands.â€ Raises limit on cost-share
available in any years for agreements that
of funds for long-term agreements from
regional, and national fish and wildlife
payments for long-term projects to 25%
are longer than 15 years.
15% to 25% of funding. [Sec. 2112]
conservation plans. [Sec. 2393]
and limits total payments to $50,000 per
[16 U.S.C. 3839bb-1]
year. Allows USDA to provide priority
to projects that address issues raised by
State, regional, and national conservation
initiatives. [Sec. 2602]
Sec. 1241(a)(7) of the FSA, as amended,
Mandatory funding for WHIP is
Similar to the House bill.
Reauthorizes program through FY2012 at
authorizes mandatory funding raising
authorized at $85 million annually
[Sec. 2401(a)(8)]
current levels. [Sec. 2701]
from $15 million to $60 million between
through FY2012. [Sec. 2401(e)]
FY2002-04, and $85 million annually
(FY2005-07). [16 U.S.C. 3841(a)(7)]
Other Conservation Programs
The 2002 farm bill amended the FSA to
Reauthorizes discretionary funding for
Reauthorizes discretionary funding for
Reauthorizes the program through 2012.
provide grants to implement a Farm
program through FY2012. [Sec. 2111]
program through FY2012. [Sec. 2396]
[Sec. 2402]
Viability Program. Authorizes
appropriations â€œsuch sums as are
necessaryâ€ through FY2007. [16 U.S.C.
3838j]
The 1996 farm bill amended Sec.
Extends authorization of appropriations
Extends authorization of appropriations
Extends authorization of appropriations
1240M(e) of the FSA to authorize the
through FY2012. [Sec. 2108]
through FY2012. [Sec. 2392]
through FY2012. [Sec. 2601]
Conservation of Private Grazing Land
Program. Authorizes appropriations of
$60 million annually through FY2007.
[16 U.S.C, 3839bb(e)]

CRS-28
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
The 2002 farm bill amended Sec. 1240O
Authorizes $20 million annually in
Authorizes $20 million annually in
Adopts Senate provision. [Sec. 2603]
of the FSA to authorize a Grassroots
discretionary funds (FY2008-12) and
discretionary funding (FY2008-12).
Source Water Protection Program to
one-time funding of $10 million in
[Sec. 2394]
assist state rural water associations that
mandatory funding to remain available
operate wellhead and groundwater
until spent. [Sec. 2107]
protection programs. Authorizes
appropriations of $5 million annually
through FY2007. [16 U.S.C. 3839bb-2]
The 2002 farm bill amended Sec. 1240P
Extends authorization of appropriations
Extends authorization of appropriations
Reauthorizes program, and authorizes $5
of the FSA to authorize a Great Lakes
through FY2012. [Sec. 2109]
through FY2012; specifies program will
million annually FY2008-2012.
Program for Soil Erosion and Sediment
help implement recommendations of a
[Sec. 2604]
Control, and provides $5 million
collaborative restoration strategy, giving
annually through FY2007. [16 U.S.C.
priority to certain projects. [Sec. 2395].
3839bb-3]
Sec. 524(b)(1) of the Federal Crop
Adds Hawaii and Virginia to the list of
Reauthorizes the program through
Adopts House provision with changes to
Insurance Act authorizes an Agricultural
eligible states. Allocates 50% of funds to
FY2012; adds Idaho to the list of eligible
include Hawaii as an eligible State.
Management Assistance (AMA) program
USDAâ€™s NRCS; 10% to Agricultural
states. [Sec. 2601]
Provides an additional $25million in
for listed states that have historic low
Marketing Service (for organic
mandatory funding (FY2008-2012).
participation rates in the Federal Crop
certification assistance); and 40% to the
[Sec. 2801]
Insurance Program. [7 U.S.C. 1524(b)]
Risk Management Agency. [Sec. 2201]
Secs. 1528-1537 of the 1981 farm bill
Amends RC&D program to provide a
Similar to House provision, clarifying
Adopts Senate provision. [Sec. 2805]
(Agriculture and Food Act of 1981, P.L.
designated coordinator to assist each
that an area plan must be developed
108-7) authorizes the Resource
approved area. Eliminates requirement
through a locally led process, and that the
Conservation and Development Program
to submit a program evaluation to the
planning process, and that the planning
(RC&D) to develop and implement a
House and Senate Agriculture
process must be conducted by a local
regional plan to address conservation,
Committees before June 30, 2005.
council. Provides for a coordinator to
water/land management, or community
[Sec. 2202]
improve technical assistance to councils,
development. [16 U.S.C. 1528-1527]
as designated by USDA. [Sec. 2605]
Sec. 14(h) of the Watershed Protection
Authorizes $50 million annually in
Authorizes such sums as necessary in
Adopts House provision and provides
and Flood Prevention Act (P.L. 106-472)
mandatory funding (FY2009-12);
discretionary funding annually (FY2008-
$100 million in mandatory funding for
authorizes discretionary and mandatory
extends FY2007 discretionary funding
12). [Sec. 2604]
FY2009 to remain available until
funding for a Small Watershed
level through FY2012. [Sec. 2203]
expended. [Sec. 2803]
Rehabilitation Program. [16 U.S.C. 1012]
The 2002 farm bill amended Sec.
Annual funding for regional equity is
Annual funding for regional equity is
Adopts Senate provision with changes.
1241(d) of the FSA to authorize a
raised to at least $15 million [Sec. 2404]
raised to at least $15 million, and crop
[Sec. 2703]

CRS-29
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
program to promote regional equity,
insurance payments are added to this
giving each state a total of at least $12
calculation. Directs USDA to update
million annually from certain mandatory
state allocation formulas. [Sec. 2402]
programs. [16 U.S.C. 3841d]
The 2002 farm bill amended Sec. 1242 of
Expands use of third party providers
Expands use of third party providers
Adopts Senate provision with changes
the FSA to authorize delivery of
using contracts. Specifies providers
using contracts. Directs USDA to
regarding the delivery of technical
technical assistance directly or using a
should get at least prevailing market
develop national certification criteria and
assistance. [Sec. 2706]
third party provider and specifies how
rates, calls for a review/update of all
approve established state standards.
providers are to be approved by USDA.
technical assistance specifications,
Provides funding through each
Authorizes cooperative agreements with
including the needs of specialty crop
conservation program, specifies
non-federal entities to provide technical
producers. [Sec. 2402]
minimum and maximum contract terms,
assistance. [16 U.S.C. 3842]
among other considerations. Includes
similar provisions for specialty crop
producers as the House bill. [Sec. 2404]
The 2002 farm bill amended Sec. 1244(a)
Expands access to program incentives to
Requires USDA to develop a streamlined
Adopts House provision with changes to
of the FSA to authorize USDA to provide
include socially disadvantaged and
application process for conservation
include certain acreage limitations and
incentives to beginning farmers/ranchers
limited resource farmers and ranchers.
programs. Provides for Safe Harbor
exemptions, and also a pollinator
and Indian tribes to participate in
Requires USDA to develop a streamlined
assurances to the landowner under the
protection provision. Requires USDA
conservation programs. [16 U.S.C.
application process. [Sec. 2405]
Endangered Species Act. Allows
report to Congress on the completion of
3844(a)]
producers to apply for programs through
the requirements not later than 1 year
a producer organization. [Sec. 2405]
after enactment. [Sec. 2708]
The 1990 farm bill amended Sec. 1261 of
Specifies STC have at least 12 producers
Adds non-industrial private forest land
Adopts House provision with changes to
the FSA to authorize state technical
representing agriculture; removes
owners to the list of groups represented
require USDA to develop standard
committees (STC), including members
requirement for persons knowledgeable
on the STC. Requires USDA to develop
committee operating procedures, updates
and interests to be represented, outlining
about conservation; adds new provisions
standard operating procedures to be used
the names of participating agencies, and
duties, and specifying that committees
creating subcommittees and lists potential
by the State technical committee in the
deletes the requirement for establishing
are advisory with no implementation or
topics; describes responsibilities in more
development of technical guidelines for
specific issue-area subcommittees.
enforcement authority. [16 U.S.C. 3861-
general terms. [Sec. 2408]
the implementation of the conservation
Requires that public notice be given for
3862]
provisions of this title. Makes local work
meetings of the State technical committee
groups subcommittees of the State
and adds local working groups as
technical committee. [Sec. 2501]
subcommittees. [Sec. 2711]
The 1996 farm bill amended Sec. 351 of
No comparable provision.
Amends numerous provisions authorizing
Deletes Senate provision.
the FSA to authorize a National Natural
the Foundation. [Sec. 2606]
Resources Conservation Foundation to
raise private funds that will be used to
promote conservation. Program has

CRS-30
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
never been implemented. [16 U.S.C.
5801-5809]
The 2002 farm bill amended Sec. 2507 of
No comparable provision.
Amends the desert terminal lakes
Adopts Senate provision with changes.
the FSA to authorize USDA to transfer
provision to allow funds to be used to
Provides $175 million in mandatory
$200 million of CCC funds to the Bureau
lease water or to purchase land and
funding. [Sec. 2807]
of Reclamation for water to at-risk
related interests in the Walker River
natural desert terminal lakes. [43 U.S.C.
Basin. [2607]
2211note]
The 1990 farm bill amended Sec. 1261 of
Specifies STC have at least 12 producers
Adds non-industrial private forest land
Adopts House provision with changes to
the FSA to authorize state technical
representing agriculture. Removes
owners to the list of groups represented
require USDA to develop committee
committees (STC), including members
requirement for persons knowledgeable
on the STC. [Sec. 2501]
standard operating procedures, and to
and interests to be represented, outlining
about conservation. Adds new provisions
update the names of participating
duties, and specifying that committees
creating subcommittees issue areas.
agencies. Deletes the requirement for
are advisory with no implementation or
Describes responsibilities in more general
establishing specific issue-area
enforcement authority. [16 U.S.C. 3861-
terms. [Sec. 2408]
subcommittees. [Sec. 2711]
3862]
New Conservation Programs
No comparable provision.
Authorizes a new Chesapeake Bay
No comparable provision.
Adopts House provision with changes.
Program for Nutrient Reduction and
Renames program Chesapeake Bay
Sediment Control to carry out restoration,
(Note: The Chesapeake Bay program is
Watershed Program. Applies to all
enhancement, and preservation projects.
authorized as a part of EQIP.)
tributaries, backwaters, and side
Identifies four specified watersheds. The
channels, including watersheds, draining
non-federal cost share for each project
into the Chesapeake Bay, but gives
will be at least 35%, but will not exceed
priority to the Susquehanna, Shenandoah,
$5 million. Sets mandatory funding at
Potomac, and Patuxent Rivers. Provides
$10 million (FY2008), rising to $55
mandatory funds of $23 million
million (FY2012). [Sec. 2301]
(FY2009); $43 million (FY2010); $72
million (FY2011); and $50 million
(FY2012). [Sec. 2605]
No comparable provision.
The so-called â€œOpen Fieldsâ€ provision
Similar to the House bill, and includes a
Adopts Senate provision with an
authorizes state grants through a new
priority to States where the location of
amendment, providing $50 million in
Voluntary Public Access and Habitat
participating lands would be available to
mandatory funds for the period FY2009-
Incentive Program to encourage land-
the public and provides $20 million per
2012. Includes a 25% reduction for the
owners to provide public access for
year in mandatory funding annually
total grant amount if the opening dates
wildlife-dependent recreation. Sets
(FY2008-2012). [Sec. 2399 and Sec.
for migratory bird hunting in the State

CRS-31
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
application contents and award priorities.
2401(a)(9)]
are not consistent for residents and
Authorizes discretionary funding of $20
non-residents. [Sec. 2606]
million annually through FY2012.
[Sec. 2303]
No comparable provision.
No comparable provision.
Creates a new Conservation Access
Adopts Senate provision with changes.
program, requiring 10% of the funds (or
Provides that 5% of CSP acres and 5% of
acres in the cases of WRP and CRP) be
EQIP funds be used to assist beginning
used to assist beginning and socially
farmers or ranchers, and an additional 5%
disadvan-taged farmers and ranchers with
of each to assist socially disadvantaged
annual gross sales of $15,000 or more.
farmers or ranchers. [Sec. 2704]
[Sec. 2403]
No comparable provision.
Authorizes a new Muck Soils Conser-
No comparable provision.
Deletes provision.
vation Program for eligible land, defined
by five characteristics. Authorizes
appropriations of $50 million annually
through FY2012, with payments between
$300-$500 per acre. [Sec. 2303]
No comparable provision.
Authorizes new payment limits, deleting
No comparable provision.
Deletes provision. Places payment limits
existing conservation payment limit
within each section of the bill and deletes
(Note: Current law limits CRP payments
language. Limits annual payments to
this section.
to $50,000 per year, sets payment limits
$60,000 for any single program; limits
for each of 3 tiers in the CSP, and limits
total payments to $125,000 under all
EQIP payments to $450,000 for all
conservation (except WRP, FRPP, GRP).
contracts in any 6-year period. [16 U.S.C.
Defines how payments should be
3834, 3838c, and 3839aa-7]
attributed to individuals. [Sec. 2409]
No comparable provision.
Requires USDA to submit an annual
No comparable provision.
Deletes provision. The managers report
report on specialty crop producer
states it has modified the compliance and
participation in conservation programs,
performance provisions of Section 1244
including how to improve producer
of FSA to accommodate the intent of the
program access. [Sec. 2406]
House bill.
No comparable provision.
Authorizes a new provision to develop
Authorizes a new provision to develop
Adopts House provision with changes.
agriculture and forestry based
agriculture and forestry based
Directs USDA to work in consultation
environmental services to promote
environmental service markets, giving
with other federal and state government
market-based conservation. Specifies use
priority to developing carbon storage.
agencies, nongovernmental interests and
of USDA-funded research, contracts, and
Directs USDA to use a collaborative
other interested persons, as determined

CRS-32
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
award grants. Establishes a USDA-led
process with specified government and
by USDA, to establish technical guide-
Environmental Services Standards Board
non-government interests to develop a
lines for measuring environmental
of senior federal officials to facilitate the
framework and identifies relevant
services and to establish a verification
development of credit markets and
framework components (quantification,
process (allowing for consideration of
disseminate performance standards to
accounting, and verification). Requires
third party verifiers). Directs USDA to
federal agencies. Authorizes $50 million
three reports to Congress. Authorizes
focus initially on carbon markets. Does
in discretionary funding, with
discretionary funding of â€œsuch sums as
not authorize funds, expecting USDA to
appropriated amounts to remain available
are necessary.â€ [Sec. 2406]
use available resources. [Sec. 2709]
until spent. [Sec. 2407]
No comparable provision.
Adds income from affiliated packing and
No comparable provision.
Deletes provision.
handling operations to definition of farm
income when calculating adjusted gross
income limitation to determine eligibility
for conservation programs. [Sec. 2501]
No comparable provision.
Allows USDA to encourage development
No comparable provision.
Deletes provision.
of voluntary sustainable practices for
specialty crops. [Sec. 2502]
No comparable provision.
Requires USDA to develop information
No comparable provision.
Deletes provision.
on the importance of productive farmland
and designate at least one farmland
information center to distribute this and
related information. Specifies federal
matching funds of at least $400,000 (not
exceeding 0.5% of the amount provided
to implement the FRPP). [Sec. 2503]
No comparable provision.
Requires USDA to contract with a peanut
Similar to House provision, but provided
Adopts Senate provision. [Sec. 2301]
producer for a 4 year crop rotation;
within CSP, directing USDA to provide
authorizes appropriations up to $10
additional payments to producers who
million annually (FY2008-12).
agree to adopt resource-conserving crop
[Sec. 2504]
rotations to achieve optimal crop
rotations. [Sec. 2341]
No comparable provision.
See section 2103 on the Conservation
Authorizes a new Comprehensive
Deletes Senate provision. Renames CSP
Security Program (described above), for
Stewardship Incentives Program to
the Conservation Stewardship Program.
(Note: See the Conservation Security
some related changes. For example, the
coordinate administration of a new
[Sec. 2301]
Program, above, in existing programs.)
House bill defines â€œpriority resources of
Conservation Stewardship Program (see

CRS-33
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
concern;â€ however, the House bill does
above) and EQIP. Addresses defined
not create a new program.
resource concerns, meets regulatory
demands, encourages conservation, and
promotes conservation and production as
compatible goals. [Sec. 2341]
No comparable provision.
No comparable provision.
Authorizes a Discovery Watershed
Deletes provision.
Demonstration Program to reduce loss of
nutrients into surface waters in 30 small
watersheds in the Upper Mississippi
River basin. Authorizes discretionary
funds as are necessary. [Sec. 2397]
No comparable provision.
No comparable provision.
Authorizes an Emergency Landscape
Deletes provision.
Restoration Program to repair landscapes
damaged by natural events. Replaces
two others emergency conservation and
watershed programs. [Sec. 2398]
No comparable provision.
No comparable provision.
Directs USDA to assist producers who
Deletes provision. Places payment limits
apply for programs indirectly through
within each section of the bill and deletes
certain organizations, if this will increase
this section.
participation and program benefits;
payment limits apply to each producer,
not the organization. [Sec. 2405]
No comparable provision.
No comparable provision.
Authorizes a new Agriculture
Adopts Senate provision, but limits
Conservation Experienced Service
individuals employed under this authority
Program, such that USDA can enter into
to providing only technical assistance
agreements with organizations to provide
(excluding administrative tasks).
technical assistance using qualified
[Sec. 2710]
individuals 55 years or older. [Sec. 2602]
No comparable provision.
No comparable provision.
Amends the Soil Conservation and
Adopts Senate provision. [Sec. 2802]
Domestic Allotment Act of 1935 by
providing definitions and creates new
technical assistance provisions.
Reauthorizes the Soil and Water
Resources Conservation Act of 1977
through 2028; requires a national

CRS-34
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
appraisal of soil, water and related
resources to be issued every 10 years.
[Sec. 2603]
No comparable provision.
The â€œsodsaverâ€ provision noncropland
Makes native sods planted to an insurable
Makes native sods planted to an insurable
(including native grassland and
crop (over 5 acres) ineligible for crop
crop (over 5 acres) ineligible for crop
pastureland) planted to an insurable crop
insurance and the noninsured crop
insurance and the noninsured crop
ineligible for crop insurance for the first
disaster assistance program. Directs
disaster assistance program for the first 5
4 years of planting. [Sec. 11007]
USDA to report within 180 days of
years of planting. May apply to virgin
enactment, and annually thereafter, on
prairie converted to cropland in the
changes in cropland acreage, by county,
Prairie Pothole National Priority Area, if
since 1995. [Sec. 2608]
elected by the state. [Sec. 12020]
No comparable provision.
No comparable provision.
Requires that no producers in Texas lose
Adopts Senate provision. [Sec. 2901]
program benefits as a result of
participating in a study of the Ogallala
Aquiferâ€™s recharge potential. [Sec. 2609]
No comparable provision.
No comparable provision.
Amends the Federal Insecticide,
Adopts the Senate provision on payment
Fungicide, and Rodenticide Act (FIFRA)
of expenses. [Sec. 14209] Deletes Senate
[7 U.S.C. 136o(d)] to require the State
provision making technical corrections to
Department to pay expenses incurred by
pesticide registration, but includes a
EPA employees associated with certain
container recycling provision.
international activities. [Sec. 2610]
[Sec. 14109]
Amends sec. 33 of FIFRA [7 U.S.C.
136w-8] to allow the EPA Administrator
to waive a portion of the pesticide
registration service fee under certain
circumstances. [Sec. 2612]
Sec. 202(a) of the Colorado River
No comparable provision.
Amends the act to create a basin states
Adopts Senate provision. The Mangers
Salinity Control Act of 1974 authorizes
program implementing specified salinity
report states this provision to be fiscally
DOI to construct, operate, and maintain
control activities. Requires DOI to
neutral both as to appropriations and as to
the specific salinity control units as the
consult with the Colorado River Basin
draws on the basin funds. States there
initial stage of the Colorado River
Salinity Control Advisory Council related
are no changes to the cost share ratios
Basin salinity control program. [43
to assistance in the form of grants, grant
already established in the act; the
U.S.C. 1592(a)]
commitments, or the advancement of
percentage split between the two funds;
funds to federal or non-federal entities.
or the 15% cap requirement on the basin
Requires a planning report to Congress
states cost share derived from the Upper
describing the proposed program
Colorado River Basin Fund. [Sec. 2806]

CRS-35
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
implementation; stipulates that no funds
may be expended until 30 days after the
report is submitted. [Sec. 2611]
No comparable provision.
No comparable provision.
No comparable provision.
Authorizes USDA to accept contributions
to support conservation programs to
establish a sub-account for each USDA
conservation program to accept contri-
butions of non-Federal funds. Provides
that contributions of non- Federal funds
received for a conservation program be
deposited and shall be available to
USDA, without further appropriation and
until expended. [Sec. 2702]
No comparable provision.
No comparable provision.
No comparable provision.
Direct USDA to submit to Congress an
annual report regarding enrollments and
assistance under conservation programs,
including (1) WRP, FPP, and GRP
payments valued at $250,000 or greater;
(2) EQIP payments for land determined
to have special environmental signifi-
cance; and (3) AWEP payments subject
to the waiver of adjusted gross income
limitations. Allows for waivers granted
by USDA to protect environmentally
sensitive land of special significance.
[Sec. 2705]
No comparable provision.
No comparable provision.
No comparable provision.
Amends the Soil and Water Resources
Conservation Act of 1977 to require
USDA to conduct two comprehensive
appraisals and inventory of soil, water,
and related natural resource conservation
(completed by year-end 2010 and 2015).
Requires a report in early 2012 on the
types of improvements to appraisals and
programs. [Sec. 2804]
No comparable provision.
No comparable provision.
No comparable provision.
Other miscellaneous provisions:

CRS-36
PRIOR LAW/POLICY (P.L. 107-171)
HOUSE BILL
SENATE AMENDMENT
CONFERENCE AGREEMENT
(UNLESS OTHERWISE INDICATED)
(H.R. 2419)
(H.R. 2419)
(H.R. 2419)
â€”
Names the National Plant Materials
Center at Beltsville, MD, in honor
of Norman A. Berg. [Sec. 2902]
â€”
Directs USDA, in consultation with
the CCC, to promulgate regulations
not later than 90 days after the date
of enactment, necessary to
implement title II. [Sec. 2904]