Conservation Provisions of the 2008 Farm Bill






Prepared for Members and Committees of Congress



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 “Sodsaver” 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—not including estimated conservation-related
revenue and cost-offset provisions in the bill—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 the Appendix.
This report will not be updated.






Policy Questions and Issues Shaping the Conservation Title of the 2008 Farm Bill.....................1
Program Funding and Producer Payment Limits......................................................................2
Geographic Emphasis................................................................................................................2
Program Complexity.................................................................................................................2
Delivery Effectiveness..............................................................................................................2
Regional and Multistate Conservation Efforts..........................................................................3
Program Evaluation...................................................................................................................3
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.................................................................................................5
Grasslands Reserve Program (GRP)...................................................................................6
Farmland Protection Program (FPP)...................................................................................6
Working Lands Conservation Programs....................................................................................6
Environmental Quality Incentives Program (EQIP)...........................................................7
Conservation Security (Stewardship) Program...................................................................8
Wildlife Habitat Incentives Program (WHIP).....................................................................8
Other Programs...................................................................................................................9
Technical Assistance and Conservation Program Administration.......................................9
Authorized Reports...........................................................................................................10
New Conservation Programs...................................................................................................10
Chesapeake Bay Watershed Program................................................................................10
Voluntary Public Access and Habitat Incentives Program.................................................11
Sodsaver Provision.............................................................................................................11
Environmental Services Markets.......................................................................................11
Miscellaneous Conservation Provisions...................................................................................11
Response from Conservation Interest Groups..................................................................12
Appendix. Agricultural Conservation Provisions in the Enacted 2008 Farm Bill (P.L. 110-

246) Compared with Previous Law and the House- and Senate-Passed Bills (H.R.


2419) .......................................................................................................................................... 13
Author Contact Information..........................................................................................................36





he 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 T


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 bill’s conservation title—not including estimated
conservation-related revenue and cost-offset provisions in the bill—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).


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 1
farm bill. 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 Agriculture’s (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—in various forms—raised questions central to the
deliberations and outcomes in the enacted conservation title of the farm bill.

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.



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?
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—actual
and potential—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?
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?
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
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?





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.
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.


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 “working lands” 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 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 bill’s conservation and other titles. The following sections
provide brief overviews of the Title II changes to agricultural conservation 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.
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 USDA’s Farm
Service Agency (FSA) and is funded through the Department of Agriculture’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 2
safeguard ground and surface water.
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 “not ... an indicator of declining or reduced support for CRP”; 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 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 3
been devoted to commercial pond-raised aquaculture.
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

2 For more detailed information on CRP, see CRS Report RS21613, Conservation Reserve Program: Status and
Current Issues, by Tadlock Cowan.
3 Acreage in CREPa subprogram within CRPand other continuous enrolled land would be excluded from the CRP
county acreage cap (25%) in order to encourage greater program participation.





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 4
exclude CRP payments from self-employment taxes beginning January 2008.
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 USDA’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

4 For additional information on CRPs tax status, see CRS Report, CRS Report RL34457, Conservation Reserve
Program Payments: Self-Employment Income, Rental Income, or Something Else?, by Carol A. Pettit.





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.
GRP is a voluntary program administered by USDA’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.
FFP is a voluntary program administered by USDA’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 program’s purpose from protecting topsoil to protecting
the land’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 the program covering the program’s administrative requirements, appraisal methodology, and
terms and conditions, among other issues. It does not rename the program the Farm and 5
Ranchland Protection Program, as the program is often referred to by USDA. The bill provides
additional budget authority for FPP of $743 million.
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.

5 The program was authorized as FPP in the 2002 farm bill, and the name has not been changed in statute.





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.
EQIP is administered by USDA’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.
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 manager’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).





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 6
working lands. 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—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 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.
WHIP is a voluntary program designed for the development and improvement of habitat primarily
on private land. Through WHIP, USDA’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 “the

6 For more detailed information on CRP, see CRS Report RS21740, Conservation Security Program: Implementation
and Termination, by Tadlock Cowan.





development of wildlife habitat on private agricultural land, nonindustrial private forest land, and
tribal lands,” 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 manager’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.
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 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).
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 manager’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.
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—those greater than $250,000—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).
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.
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).





Also referred to as the “Open Fields” 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.
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.
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 services from the 7
agriculture and forestry sectors, but does not authorize funding for this effort.
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
California’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 manager’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.

7 For more information on environmental services and the role of markets in environmental conservation planning, see
CRS Report RL34042, Environmental Services Markets in the 2008 Farm Bill, by Ree Johnson.





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 “sodsaver” 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.







Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
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 (Note: some terms added by the Senate rancher, Indian tribe, nonindustrial private Removes the test of net worth. Adopts
farm bill), as amended, defines 18 terms. bill in this section are defined for forest land, socially disadvantaged farmer or the 1990 farm bill definition of a socially
[16 U.S.C. 3801] specific conservation programs, as rancher, and technical assistance. Authorizes disadvantaged farmer or rancher, with
noted below.) USDA to employ a test of net worth or other measure to qualify. [Sec. 2001] changes to define farm, integrated pest management, person and legal entity, and
iki/CRS-RL34557livestock. [Sec. 2001]
g/wSec. 1241(a) of the FSA, as amended, Extends reauthorization through Extends reauthorization through FY2012 Extends reauthorization through FY2012
s.orauthorizes mandatory funding through FY2012 with funding specified for CSP, with funding specified for CSP, FPP, EQIP, with the following in additional new
leakFY2007 to carry out various conservation programs. [16 U.S.C. FPP, EQIP, and WHIP. [Sec. 2401(a)] WHIP, GRP, and the Voluntary Public Access and Habitat Incentives Program. [Sec. budget authority: CSP ($1.1 billion); EQIP ($3,393 million); and FPP ($773 million).
://wiki3841] 2401(a)] [Sec. 2701]
httpNote: Authorized funding levels for
various programs are provided in
individual program sections below.
Highly Erodible and Wetland Conservation
Secs. 1211-1212 of the FSA, as No comparable provision. Adds a second level of review by the state Adopts Senate provision, providing for
amended, make violators of the or district director, with technical review of good faith determinations
conservation compliance program concurrence from USDA’s Natural related to highly erodible land
ineligible for certain program benefits, Resources Conservation Service (NRCS) if conservation. [Sec. 2002]
with some exceptions from full loss of the Secretary has determined that this
eligibility. [16 U.S.C. 3811-3812a, 3812f] exception should apply. [Sec. 2101]
Secs. 1221-1222 of the FSA, as No comparable provision. Add a second level of review by the state or Adopts Senate provision, providing for
amended, makes swampbuster ineligible district director, with technical concurrence review of good faith determinations
for certain program benefits, with some from NRCS if the Secretary has determined related to wetland conservation.
exceptions from full loss of eligibility. that this exemption should apply. [Sec. 2201] [Sec. 2003]


[16 U.S.C. 3821-3824, 3822h]


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
Comprehensive Conservation Enhancement Program
The 1990 farm bill amended Sec. 1230 No comparable provision. (Note: Deletes Section 1243 in current law, and Does not reauthorize the CCEP. The
of the FSA to establish a program later Amendments to Sec. 1243 described moves some provisions, amended, into this Healthy Forest Reserve Program is
renamed the Comprehensive below in the “other conservation (and other) sections. Extends CCEP through retained in the forestry title [Sec. 8205];
Conservation Enhancement Program programs” subsection.) FY2012. Makes changes that reduce the county acreage cap is addressed
(CCEP). The CCEP, which includes the administrative burdens, streamline the elsewhere [Sec. 2708]. The agreement
Conservation Reserve Program (CRP), application process, and promote adopts a provision to exclude CREP
Wetlands Reserve Program (WRP), and partnerships. Deletes EQIP from CCEP and acreage and continuous CRP acreage
the Environmental Quality Incentives adds the Healthy Forests Reserve Program. from the 25% cap if the county
Program (EQIP), promotes long-term Adds a new exception whereby USDA may government concurs, and further
protection for environmentally sensitive exceed the enrollment limitation when a specifies this provision is separate and
lands through easements and technical/ state or local regulation prohibits distinct from the existing waiver
financial assistance. [16 U.S.C. 3830] agricultural water use, requiring USDA to authority. Additional guidance is provided
Note: Administration of CCEP, the enroll the land within 180 days of receiving a in the Managers statement.
subject of sec. 1243, is described below. request and pay a rental rate that reflects
iki/CRS-RL34557the rate prior to implementing the
g/wregulation. [Sec. 2301]
s.orThe 1990 farm bill amended Sec. 1243 Amends administration provisions by Amends to streamline application process, Adopts House provision with changes
leakof the FSA to authorize administration moving sections on acreage enrollment add new endangered species provisions, and and names the initiative the Cooperative
of CCEP. Provisions include avoiding limits, tenant protection, and obtaining establish new partnerships and cooperation Conservation Partnership Initiative
://wikiduplication of required conservation technical assistance. Establishes a new projects for special projects (up to 5 years) (CCPI). [Sec. 2707] Allows USDA to
httpplans, limiting enrollment under CRP and WRP to 25% of the cropland in a Cooperative Conservation Partnership Initiative to carry out projects/initiatives with multiple producers and eligible partners to address state conservation make consider local circumstances, goals, and objectives, and provides for
county, protecting the interests of share using competitive (2-5 years) grants. recommendations. Specifies five project adjustments to provide producers
croppers and tenants, allowing Specifies 14 criteria to be used in purposes, lists application contents, and preferential enrollment in the applicable
approved sources to provide technical reviewing applications and 9 project identifies USDA’s duties and priorities when program as part of the special project.
assistance, and using up to 5% of the priorities. Specifies duties of participant selecting projects (including 14 priority Applies to all USDA conservation
funds from the mandatory funded and USDA. Specifies program will be water project areas); also requires programs except CRP, WRP, FPP and
conservation programs to foster funded with 10% of funds for CSP, EQIP, monitoring and evaluation. Specifies funding GRP. The stated intent is to provide for
cooperation through partnerships. and WHIP. The federal share for each of 10% of the mandatory funds allocated to applications that include innovative
[16 U.S.C. 3844] project will be at least 75% of costs; each state (except CRP, CSP, WRP, and the combinations of covered initiative
90% of the funds will be allocated at the new Conservation Stewardship Program), programs, and applications that might
state level (incentives and bonus with 75% of funds for intra-state and 25% for work in tandem with the enhancement
payments may be used for specified multi-state projects. [Sec. 2405] programs under CRP or WRP. Additional
purposes). Limits administrative costs to guidance is provided in the Managers
5% of any grant. [Sec. 2403] statement.




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
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 retains current acreage enrollment limit Retains current acreage enrollment limit. and allows USDA to address issues under
is currently authorized through CY2007 (39.2 million acres). [Sec. 2101(a-b)] Adds pollinator habitat to the general State, regional, and national conservation
at 39.2 million acres. [16 U.S.C. 3831(a-purposes. Expands eligible land to include initiatives. Caps enrollment at 32 million
d)] some types of marginal pasture-land and land acres [Sec. 2103]. Clarifies that alfalfa
enrolled in a new flooded farmland program. grown as part of a rotation practice is a
[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 Similar to the House bill; also adds to the list Adopts House provision to include all
lists priority areas as the Chesapeake Bay region. [Sec. 2101(b)] the prairie pothole region, the Grand Lake States that make up the Chesapeake Bay
Bay region (PA, MD, VA) , the Great St Mary’s Watershed, and the Eastern Snake Region as the Conservation Priority
Lakes Region, and Long Island Sound. Plain Aquifer. Area. [Sec. 2104]
iki/CRS-RL34557[16 U.S.C. 3831f] [Sec. 2311(d)]
g/wSec. 1231(h) of the FSA, as amended, Extends program through CY2012. Extends program through CY2012; expands Adopts Senate provision with changes.
s.orauthorizes a one million acre pilot [Sec. 2101(e)] eligibility to include certain shallow water Caps enrollment at 100,000 acres in any
leakprogram within the CRP for wetlands and buffer areas. [16 U.S.C. 3831h] areas and certain agricultural drainage water treatment collection areas, and expands the State and 1 million acres total. Adds conforming changes to the Emergency
://wikieligible buffer acreage. Directs USDA to establish the maximum size of the buffer Forestry Conservation Reserve Program. Expands enrollment of wetland and buffer
httpacreage to be enrolled along with eligible acreage to include land that had been
lands. Increases the maximum wetland size cropped during 3 of 10 crop years prior
to 40 contiguous acres and makes all acres to 2002 and after 1990 and is subject to a
eligible for payment. [Sec. 2311(e)] natural overflow of a prairie 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 of grazing to control invasive species.
grazing on enrolled lands; allows adjustments to annual contract a conservation plan. [Sec. 2311(h)] Additional guidance is provided in the
managed haying/grazing under certain payments. [Sec. 2101(f)] Managers statement. [Sec. 2108] Grants
circumstances. [16 U.S.C. 3832a(7)] “management on land” 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,
establishes a framework for calculating available an annual survey of dryland and USDA to give preference to local owners or adding a new requirement that USDA




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
annual rental payments. [16 U.S.C. irrigated cropland cash rental rates in all operators when considering competing give priority to offers from local residents
3834c] counties with more than 20,000 acres of offers providing equivalent benefits. [Sec. if conservation benefits are equivalent
crop and pasture land. [Sec. 2101(g)] 2311(j)] 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 after 5 years, but prohibits terminating retired or disabled producer has endured
contracts after 5 years if contract was contracts for land enrolled under a financial hardship because of taxes on rental
in effect before 1/1/95. [16 U.S.C. continuous signup. [Sec. 2101(I) and (j)] payments. [Sec. 2311(k)]
3835e]
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. Facilitates the transfer of CRP land from No comparable provision. Adopts House provision with
1244(a) of the FSA to authorize USDA a retiring owner to a beginning / (Note: Support for socially disadvantaged and modifications. [Sec. 2111]
iki/CRS-RL34557to provide incentives to beginning socially-disadvantaged producer to limited resource farmers/ranchers are in
g/wfarmers/ranchers and Indian tribes to participate in con-servation programs. return land to production, and allows new owner to begin land improvements other bill sections.)
s.or[16 U.S.C. 3844(a)] or start organic certification process
leakone year before CRP contract expires.
[Sec. 2101(h)]
://wikiNo comparable provision. No comparable provision. Creates new Flooded Farmland Program for Deletes this section and modifies CRP
httpthe Prairie Pothole region within the CRP. and WRP to accomplish the intent of the
Allows continuous enrollment. Eligible land Senate amendment, including expanding
parcels must exceed 5 acres, been incapable eligible lands under the CRP pilot
of production preceding 3 crop years, have a program for wetlands and buffer areas
cropping history, and have no natural outlet. [Sec. 2106] and expands eligible lands
[Sec. 2312] under WRP. [Sec. 2201]
No comparable provision. No comparable provision. Creates new Wildlife Habitat Program for Deletes this section and modifies CRP to
CRP participants with established softwood accommodate the intent of the Senate
pine stands using management practices that amendment. Additional guidance is
benefit wildlife (contracts up to 5 years). provided in the Managers statement.


Program ends September 30, 2011. [Sec.
2313]


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
Wetlands Reserve Program
The 1996 farm bill amended Sec. Adds to the purposes to create and to No comparable provision. Amends purposes to restore, protect, or
1237(a) of the FSA to authorize WRP, enhance wetlands, and to purchase enhance wetlands on private or tribal
stating its purpose to restore and floodplain easements. [Sec. 2102(a)] lands. [Sec. 2201]
protect wetlands. [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 FY2012. [Sec. 2202-2203]
[16 U.S.C. 3837b] be flood plain easements. [Sec. 2102(b)]
New section adds language authorizing
WRP from FY2008-12. [Sec. 2402(h)]
iki/CRS-RL34557Sec. 1237(c) of the FSA, as amended, establishes requirements for eligible Adds riparian areas to eligible wetlands, and makes eligible floodplain land Reauthorizes through FY2012. [Sec. 2321(2)] Expands eligible lands under WRP to include cropland or grassland that was
g/wlands through 2007. [16 U.S.C. 3837c] flooded in the past calendar year or at used for agricultural production prior to
s.orleast twice in the past 10 years, and land flooding from the natural overflow of a
leakthat contributes to flood water storage, closed basin lake or pothole. [Sec. 2203]
flow, or erosion control. [Sec. 2102(c)] Adds terms to “meet habitat needs of
://wikispecific wildlife species.” [Sec. 2204]
httpSec. 1237(e) of the FSA, as amended, Expands ineligible lands to include No comparable provision. Expands ineligible lands to include farmed
identifies ineligible land to include lands floodplains where restoration practices wetland or converted wetland, together
already planted to timber in the CRP. would not be productive or the land is with the adjacent land that is functionally
[16 U.S.C. 3837e] already protected. [Sec. 2102(d)] 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 options: Adopts House provision with changes,
states compensation to be paid in cash options: percentage of the fair market an amount necessary to encourage revising the process for determining the
(in 5 to 30 payments) and not to value; percentage of market value enrollment; a limit for a geographic area; or value of easements and contracts by
exceed the fair market value, as determined by a survey; a geographic a landowner’s offer. Compensation may be requiring USDA to provide the lowest
reduced by the easement. [16 U.S.C. cap; or a landowner’s offer. Allows in 1 to 30 payments. [Sec. 2322(b)(3-4)] amount of compensation based on a
3837a(f)] USDA to use non-federal contributions comparison of the fair market value of
to administer program [Sec. 2102(e)] the land, a geographic cap, or an offer
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




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
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 offers (conservation benefits; cost-
use 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 on Wetland Reserve Enhancement Enhancement Program (WREP). Makes a WREP for agreements with States similar
entities receiving payments through the program, where states contribute funds conforming change to allow payments for to CREP. Authorizes a Reserved Rights
wetland and environmental so as to increase payments. 30-year contracts. [Sec. 2322(c)] Pilot program. [Sec. 2205-2206]
enhancement programs. [16 U.S.C. [Sec. 2102(g)]
iki/CRS-RL34557d(c)(4)]
g/wNo comparable provision. No comparable provision. Requires a report to House and Senate Adopts Senate provision. [Sec. 2210]
s.orAgriculture Committees by 1/1/2010 on the
leakimplications of long-term easements on
USDA resources. [Sec. 2322(d)]
://wikiConservation Security Program
http
The 2002 farm bill amended the FSA to Establishes a new CSP for FY2012-2017. Authorizes through FY2012 a new CSP as a Defines program terms for the new CSP.
establish the Conservation Security Eligible producers must submit an offer conforming amendment, and reauthorizes Adopts elements of the Senate provision.
Program (CSP) for FY2003-11. Defines addressing “at least one priority current CSP for existing contracts only. Expands eligible lands to include
eligible producers and eligible lands and resource of concern to a minimum level Future CSP contracts would be replaced by nonindustrial private forest land (limited
excluded lands (land enrolled in of management intensity.” Eligible land a Comprehensive Stewardship Incentives to not more than 10% of total annual
multiyear land retirement programs and excludes incidental forest land. Limits Program consisting of a Conservation acres under the program). Permits 5-year
land not in crop production at least 4 of program to one type of contract of 5 Stewardship Program with similar provisions extension of contracts. Excludes under
the preceding 6 years). Specifies terms years; describes five elements to be in of the existing CSP and EQIP. Eligible land the program, land used for cropland that
for 3 tiers of conservation contracts. all contracts, but eliminates list of topics must have been planted to crops 4 of had not been planted, considered to be
Identifies topics that may be addressed to be addressed. Prohibits termination preceding 6 years. Specifies contract are for planted, or devoted to crop production
in contracts. Contracts are 5 years of contracts, without penalty, by a 5 years, with renewal under certain for 4 of the 6 years prior to the date of
under tier 1, and 5 to 10 years under producer who is required to modify a conditions. Allows for terminating and enactment of the act (unless the land had
tiers 2 and 3. Specifies circumstances contract. Allows contracts to be changing contracts. Specifies how to evaluate previously been enrolled in CRP; had
and requirements for modifying, renewed for one additional 5 year contract offers, producer duties, been maintained in a long term crop
terminating, and renewing contracts. period. Adds new provisions on enhancement terms, and supple-mental rotation; or was incidental land needed
Contracts may be renewed for 5 to 10 evaluating offers from organic payments. Defines 15 terms. for efficient operation). [Sec. 2301]




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
years. Defines 15 terms pertaining to producers. Defines twelve terms that [Secs. 2391 and 2341]
the program. are new terms or differ from current
[16 U.S.C. 3838] law. [Sec. 2103(a)]
Secs 1238A(d-3) of the FSA, as Limits program to 1 type of contract of Defines eligible land and eligible producers; Adopts Senate provision with
amended, specifies terms for 3 tiers of 5 years and describes 5 elements to be land must have been planted to crops 4 of modifications. Authorizes supplemental
conservation contracts. Identifies topics in all contracts, but eliminates list of preceding 6 years. Contents of contracts are payments for producers who adopt a
that may be addressed in contracts. topics to be addressed. Contracts could specified and are for 5 years, with renewal if beneficial crop rotation that provide
Contracts are 5 years under tier 1, and no longer be terminated, without certain conditions are met. Specifies significant conservation benefits and are
5 to 10 years under tiers 2 and 3. penalty, by a producer who is required considerations in evaluating contract offers, not limited to a particular crop, cropping
Specifies circumstances and to modify a contract. Contracts may be producer duties, enhancement terms, and system, or region of the country. Allows
requirements for modifying, renewed for 1 additional 5 year period. supplemental payments. Adds provisions on for on-farm conservation research and
terminating, and renewing contracts. New provisions on evaluation of offers terminating and changing contracts. [Sec. demonstration activities and pilot-testing
Contracts may be renewed for 5 to 10 and coordination with organic 2341] as part of contract offers. Allows for
years [16 U.S.C. 3838a(d-e)] certification are added. [Sec. 2103(a)] 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
iki/CRS-RL34557specifies that duties of the Secretary identification of priority resources of continuous enrollment (allowing a producer based on each state’s proportion of
g/winclude making payments early in each concern at the state level (limited to 5 to apply at any time during the year), eligible acres to the total eligible acres
s.orfiscal year, the components of payments concerns in any geographic area of a providing assistance to producers, and nationwide (available to all producers,
leakfor each tier, annual payment limits for each tier ($20,000 for tier 1, $35,000 state). Limits total payments under a contract to $150,000 (5 years); allows maintaining contract and payment information that will support program not only specific watersheds/geographic regions), allowing for input from USDA.
://wikifor tier 2, and $45,000 for tier 3), minimum requirements for practices, for the environmental needs associated with agriculture to be considered in monitoring and evaluation, and enabling specialty crop producers to participate. Directs USDA to adopt continuous enrollment, but allows for USDA to
httpand requirements for implementing state allocations; requires USDA to Specifies an acreage allocation, limiting determine when to rank applications.
regulations [16 U.S.C. 3838c] compile data of specified program payments to $240,000 (6-year). Directs USDA to provide technical
contract and payment topics. [Sec. 2103 [Secs. 2391 and 2341] assistance to specialty crop and organic
(a)] 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
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%


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
of the eligible land. [Sec. 2341]
No comparable provision. No comparable provision. Requires regulations to be issued within 180 Deletes Senate provision. Directs USDA
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 terms Adopts Senate provision. The Manager’s
authorizes mandatory funding for the terms of the 2002 CSP, such that no of the 2002 CSP, such that no new CSP report states that the bill provides for a
CSP at $1.954 billion for FY2006-10 and new CSP contracts may be entered into contracts may be entered into after October $1.1 billion increase in budget authority
$5.65 billion from FY2006-15. after October 1, 2007 (although 1, 2007 (although payments may be above current baseline (FY2008-2017).
[16 U.S.C. 3841(a)(3)] payments may be continued until continued until contracts expire). Authorizes Provides such sums as necessary to carry
contracts expire). For contracts signed $2.3 billion in mandatory funding for out existing CSP contracts. [Sec. 2701]
before 10/1/07, provides a total of $1.5 contracts entered into before the date of
billion in mandatory funding for FY2007-enactment, (available until spent) and an
12, and $1.9 billion for FY2012-17. For unspecified amount for the new CSP
contract signed after 10/1/11, provides (enrollment in the new program is measured
$0.5 billion for FY2012 and $4.6 billion in acres rather than dollars). [Sec. 2401(a)(3-
for FY2012-17. 4)]
iki/CRS-RL34557[Sec. 2401(b)]
g/wEnvironmental Quality Incentives Program
s.or
leakThe 1996 farm bill amended Sec. 1240 Adds forest management and organic Adds forest management to the statement of Adds forest management to purposes,
of the FSA to authorize EQIP, stating its transition to the program purposes. program purposes, and recognizes and adds language regarding forest lands
://wikipurpose as promoting production and Revises the descriptions of 2 of the 5 pollinators and fuels management in the on EQIP program plan and duplication.
httpenvironmental quality as compatible goals, and optimizing environmental purposes to recognize energy conservation and conservation on forest amplifying statements. [Secs. 2351, 2352, and 2354] Adds aquaculture to the “eligible [Secs. 2505-2506] Adopts the Senate provisions with an amendment to modify
benefits by working in 5 specified areas. lands. [Sec. 2105(a)] Adds forestry, land” definition; forestry is added to the eligible land. [Sec. 2502] Allows for
[16 U.S.C. 3839aa] Defines 6 terms: forest management practices, and “land management practice” definition; adds technical assistance to farmers that
beginning farmer or rancher, eligible coordinated implementation to the conservation planning practices to promote pollinator habitats, and farmers
land, land management practice, “land management practice” definition. “practices;” defines “producer” to include transitioning to organic farming, among
livestock, practice, and structural Adds alpacas and bison to the custom feeding businesses and contract activities. [Sec. 2501] Further clarifies
practice. “livestock” definition. Adds definitions growers; and adds firebreaks to “structural duties of the Secretary. [Sec. 2507]
of “integrated pest management” and practice.” [Sec. 2352]
“socially disadvantaged farmer or
rancher.” [Sec. 2105(b)]
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 conservation payments to 75% of costs. [Sec. 2503]
Eligible practices are defined. Contracts organic certification using technical planning. Limits contracts to a maximum of 5 Lowers individual payment limits from
are 1 to 10 years. [16 U.S.C. 3839aa-services from approved providers, and years. Removes prohibitions on bidding $450,000 to $300,000 during any 6-year
2(a-c)] improved energy efficiency, renewable down. period , except in cases of special
energy systems. [Sec. 2105(c)] [Sec. 2353(a-c)] environmental significance (including




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
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 conservation
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. Allows for
beginning producers to receive not Provides increased federal cost-share of advanced payments to purchase materials
iki/CRS-RL34557more than a 90% federal cost share. [16 U.S.C. 3839aa-2(d)] 90% for using gasifier technology for certain purposes. [Sec. 2105(d-e)] and contracting. [Sec. 2353(c)]
g/w
s.orSec. 1240B(e) of the FSA, as amended, Expands purposes for incentive Expands purposes receiving special emphasis Adopts House provision. [Secs. 2503.
leakprovides incentive payments to perform land management practices, with special payments: (1) receiving technical services from approved third party to include predator species protected under the Endangered Species Act, gray wolves, 2706 and 2708] Includes special rule that USDA may accord significance to
://wikiemphasis given to practices that promote specified goals. [16 U.S.C. providers, (2) developing a comprehensive nutrient management grizzly bears, and black bears. [Sec. 2353(c)(3)] practices promoting residue, nutrient, air quality, pest, and invasive species
http3839aa-2(e)] 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. [Sec. 2353] Extends through FY2012 the 60% of
requires that 60% of payments go to payments to livestock production payments to livestock production
practices related to livestock requirement. [Sec. 2105(g)(2)] requirement. [Sec. 2503]
production requirement. [16 U.S.C.
3839aa-2(g)]
No comparable provision. Requires USDA to reserve at least 5% Amends the cost-share rate exception for Adopts Senate provision for advance
of program funds for beginning and beginning and socially disadvantaged farmers payments for beginning, socially
socially disadvantaged producers for at or ranchers to allow variable payment, not disadvantaged and limited resource
least 90 days after the program funds to exceed 90%, and authority to provide farmers or ranchers and deletes Senate




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
have been made available. [Sec. 2105(g)] advance payments up to 30% for the provision for guaranteed loan eligibility.
purchase of materials or contracting. [Sec. Adopts Senate provision with an
2353] 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 ‘producer’ eligibility to include a Adopts Senate provision with an
and custom feeders. [Sec. 2105(h)] custom feeding business and a contract amendment to modify eligible land.
grower or finisher. [Sec. 2352] [Sec. 2502]
iki/CRS-RL34557Sec. 1240C of the FSA, as amended, Identifies 5 priorities for program Adds a higher priority for improving Adopts House provision with changes to
g/wgives higher priority for participation in EQIP to producers using cost-effective applications. Specifies a streamlined evaluation process for operations with conservation practices or systems in place at the time of the contract offer. [Sec. 2354] prioritize State, regional, or local resource concerns, and to allow for the
s.orconservation practices and practices substantial and sound environmental grouping of applications of similar
leakthat address national conservation management systems involving a limited agriculture operations. [Sec. 2502]
priorities. [16 U.S.C. 3839aa-3] number of practices. [Sec. 2105(I)]
://wikiSec. 1240E of the FSA, as amended, Adds to the planning requirements the Includes forestry language similar to House Adopts House forestry provision [Sec.
httpdefines the general contents of a need to be consistent with forest plans, bill, but also allows a producer organization 2502], but strikes Senate provision on
producer’s EQIP plan, and calls on and allows as an acceptable plan to act on behalf of its membership in producer organizations.
USDA to avoid duplication with other consideration of an air or water quality submitting applications or conducting similar
conservation plans. permit that meet regulatory activities to facilitate program participation.
[16 U.S.C. 3839aa-5] requirements as an acceptable plan. [Sec. 2356] Establishes a Chesapeake Bay
[Sec. 2105(k)] Watershed Conservation Program under
EQIP to assist producers in applying
conservation 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, USDA can provide assistance for
information, and training to develop and practices with a primary purpose of


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
implement conservation plans. water conservation. [Sec. 2105 (l)]
[16 U.S.C. 3839aa-6]
Sec. 1240H of the FSA, as amended by Adds to the Conservation Innovation Adds to the Conservation Innovation Grants Adopts House provisions related to
the 2002 farm bill, provides for a Grants provisions under EQIP. Adds provisions under EQIP. Adds nonindustrial forest resource management and air
competitive grants program within detail on qualities of eligible projects, private forest lands to the list of potential quality. Provides $37.5 million annually
EQIP, on a matching basis, to implement establishes a pilot program for recipients of innovative technologies. Adds (FY2009-2012) to implement air quality
innovative conservation practices; conservation planning in the two items to the list of examples: (1) plans. [Sec. 2509] The conference report
examples listed are using market Chesapeake Bay watershed, and adds a transfers of innovative technologies to states conservation programs should
systems in pollution reduction, and new subsection to assist producers who nonindustrial private forest land in recognize the use of innovative
using innovative practices, such as are meeting state and local regulatory production, and (2) assistance for specialty technology such as enhanced efficiency
storing carbon in soil; no funding is air quality requirements. Provides crop production. [Sec. 2358] fertilizers.
specified. funding from EQIP: $30 million
[16 U.S.C. 3839aa-8] (FY2008) rising to $75 million (FY2012),
with specified funds for air quality and
for organic and specialty crop
iki/CRS-RL34557producers. [Sec. 2105(m)]
g/wSec. 1240I of the FSA, as amended by Replaces GSWCP with a Regional Maintains GSWCP and provides an increase Replaces GSWCP with the Agricultural
s.orthe 2002 farm bill, creates a Ground Water Enhancement Program to in funding from $60million to $65 million Water Enhancement Program (AWEP)
leakand Surface Water Conservation Program (GSWCP) within EQIP for address water quality, make eligible governmental entities (including annually. Provides funding for each state that received funding under the program in under EQIP. Provides mandatory funding: $73 million annually (FY2009-2010), $74
://wikiactivities that will result in a net savings of ground or surface water; lists 6 types irrigation and water districts) and Indian tribes, and to implement program on a previous years (simple average of funds provided for FY2002- 2007 or the amount million (FY2011), and $60 million annually (FY2012 and each year thereafter).
httpof eligible activities (improve irrigation regional scale through cooperative provided in 2007, whichever is greater), Recognizes the purpose as addressing
systems, for example), and provides agreements. Expands the list of eligible except for states over the Ogallala Aquifer, water quality/quantity concerns on
mandatory funding of $25 million in activities and requires the Secretary to which will receive not less than the greater agricultural land, with the role of AWEP
FY2002, growing to $60 million annually identify priority areas. Lists 5 priority of $3 million or the average of funds partners as leveraging federal funds and
in FY2004-07. areas, which together may receive no provided for FY2002-2007. Provides at least encouraging producers to address these
[16 U.S.C. 3839-aa-9] more than 50% of the available funds. $20 million for the Eastern Snake Plain concerns. The Managers report
Establishes a process for Aquifer. [Sec. 2359] emphasizes the importance of addressing
soliciting/selecting proposals and groundwater management in the Ogallala
developing implementation agreements. region, promoting water use efficiency
Provides mandatory funds of $60 million projects, converting irrigated farming
annually through FY2012 (limits operations to a dryland farming; and
administrative expenses to no more providing assistance to construct on farm
than 3% of the total). [Sec. 2106] 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




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
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 (Note: The Klamath Basin is listed as 1 of 14
million to carry out water conservation Regional Water Enhancement Program. priority areas in the Partnerships and
activities in the Klamath River basin [Sec. 2106 (b)(2)] Cooperation Program; see above.)
(OR, CA) [16 U.S.C. 3839aa-9(c)(2)]
No comparable provision. No comparable provision. Adds program at end of EQIP to assist Adopts Senate provision. Includes organic
farmers who are converting to organic practices as eligible management systems
production (with contracts of 3-4 years). and limits payment to an aggregate of
Payments are limited to $20,000 per year. $80,000 in any 6-year period.
iki/CRS-RL34557[Sec. 2360] [Secs. 2501 and 2503]
g/wSec. 1241(a)(6) of the FSA, as amended, Authorizes EQIP funding: $1.25 billion Authorizes EQIP funding: $1.27 billion Provides additional budget authority.
s.orauthorizes EQIP funding, rising from (FY2008), $1.6 billion (FY2009), $1.7 annually (FY2008-09), $1.3 billion each Authorizes EQIP funding: $1.2 billion
leak$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
://wiki(FY2011); and $1.75 billion (FY2012).
http[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 definition of eligible forest land, and makes but does not rename program. Changes
Protection Program (FPP), defining Program (FRPP). Expands eligible land eligible other land that is needed for efficient administrative requirements, appraisal
eligible entity, land, Indian tribes, and definition to include historic and administration of an easement. Changes methodology, and terms and conditions
programs. [16 U.S.C. 3838h-I] The archaeological resources. States will be purpose of program from protecting topsoil of cooperative agreements. Adopts
program, as amended, provides for the certified (reviewed every 3 years) to to “protecting agricultural use and related terms/conditions for cooperative
purchase of conservation easements to participate and receive program funds conservation values.” Adds new agreements similar to Senate provision.
protect topsoil by limiting the land’s based on 4 listed requirements. States requirements for cooperative agreements Clarifies the purpose of the program as
nonagricultural uses subject to a may spend up to 10% of funds for with participants, cost-sharing, and protecting land for agricultural use by
pending offer. The federal cost may not administrative costs. Lists terms and protection of the federal investment. Allows limiting nonagricultural uses. Adopts
exceed 50% of the value of the conditions for agreements with eligible USDA to enter into cooperative agreements Senate provision to modify the definition
easement; the value of a charitable entities (reviewed every 3 years). with eligible entities under certain of eligible land to include forestland and
donation by the seller may not exceed Provides that USDA may require a circumstances, and requires the protection other land that contributes to the econo-
25% of the value of the easement. If contingent right to enforce easement, of federal investment through an executory mic viability of an operation. Establishes a




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
multiple applications are comparable, and requires the use of a conservation limitation. Limits the amount USDA can certification process similar to the House
USDA may not use cost alone to plan for highly erodible cropland. share in the costs of purchasing the bill for all eligible entities. To become
determine which ones will be funded. Retains a federal contingent right of easement to 50% of the appraised fair certified, entities must have the authority
enforcement or executory limitation in market value and establishes minimum and resources to enforce easements,
an easement to ensure its enforcement. amounts entities pay based on the amount of polices in place that are consistent with
Provides cost-share assistance for landowner contributions. Requires appraisals the purposes of the program, and clear
purchasing an easement, but assistance based on uniform standards of professional procedures to protect the integrity of the
may not exceed 50% of the appraised appraisal practice or any other industry- program. Includes a limit on impervious
fair market value of the easement. The approved standard. [Sec. 2371] surfaces consistent with agricultural
fair market value is determined by an activities, and clarifies agreement terms
appraisal using an industry-approved for certified and non-certified entities.
method. [Sec. 2110] [Sec. 2401-2402]
Sec. 1241(a)(4) of the FSA, as amended, Mandatory funding for the renamed Mandatory funding for the FPP is authorized Provides additional budget authority.
authorizes mandatory funding for the Farm and Ranchland Protection at $97 million annually from FY2008 through Authorizes FPP funding: $97 million
FPP at; $50 million in FY2002, $100 Program is authorized at; $125 million FY2012. (FY2008); $121 million (FY2009); $150
iki/CRS-RL34557million in FY2003, $125 million in FY2004 and FY2005, $100 million in in FY2008, $150 million in FY2009, $200 million in FY2010, $240 million in [Sec. 2401(a)(5)] million (FY2010); $175 million (FY2011); and $200 million (FY2012). [Sec. 2701]
g/wFY2006, and $97 million in FY2007. FY2011, and $280 million in FY2012.
s.or[16 U.S.C. 3841(a)(4)] [Sec. 2401(c)]
leak
Grassland Reserve Program
://wikiThe 2002 farm bill amended Sec. 1238N Sets the GRP enrollment ceiling at an Adds definitions: eligible entity, eligible land, Adopts an acreage enrollment goal of an
httpof the FSA to authorize the Grasslands additional 1.34 million acres, with at and permanent conservation easement. additional 1.22 million acres by 2012.
Reserve Program (GRP), setting least 60% of these acres to be enrolled Eligible entity and authority would allow for Includes 10-, 15-, and 20-year rental
maximum enrollment for at 2.0 million using 30 year rental agreements and USDA to enter cooperative agreements contracts and permanent easements.
acres (all enrolled parcels in at least 40 easements. [Sec. 2104(a) and (b)] with entities to purchase easements. Deletes House priority for 60% of
contiguous acres). Requires 40% of land Provides for GRP enrollment options acreage in long term contracts; retains
enrolled in 10-20 year, and 60% in 30 through a 30 year contract, 30 year current law that 60% of funds would be
year agreements. [16 U.S.C. 3838n] easement, and permanent easement. [Sec. dedicated to easements, while 40% of
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 a method for determining fair market value




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
limits the total in any calendar year to permanent easement under GRP, but limits with a technical correction. [Sec. 2403]
no more than 10% of GRP acres the total transferred in any calendar year to
enrolled. Requires USDA pay the lowest 10% of the total funding available for the
of four specified ways to calculate fair GRP in that year. [Sec. 2381]
market 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. Specifies [Sec. 2403]
landowners in the GRP, terms of how to determine compensation levels and
easements and agreements, and how technical assistance. Specifies
applications are to be evaluated. terms/conditions that apply to GRP
[16 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.
iki/CRS-RL34557Enhancement Program. [Sec. 2104 (d)]
g/wSec. 1238Q(a) of the FSA, as amended, Requires USDA to transfer the title of Provides authority for USDA to enter into Adopts the Senate amendment provision
s.orallows USDA to transfer the title of an an easement to a private organizations cooperative agreements with eligible entities for cooperative agreements between
leakeasement in the GRP to a state or or a state. [Sec. 2104 (e)] for those entities to purchase, own, enforce, USDA and eligible entities with a
private organization. [16 U.S.C. and monitor easements. [Sec. 2381] modification to the language specifying
://wiki3838q(a)] that eligible entities shall assume costs of
httpadministering and enforcing easements.
Adopts a requirement for a contingent
right of enforcement. [Sec. 2403]
Sec. 1241(a)(5) of the FSA, as amended, No comparable provision. Total GRP funding limited to $240 million Deletes Senate provision.
limits funding for the GRP to a total of (Note: Sets acreage enrollment limit in for FY2008-12, with no acreage enrollment
$254 million from FY2003-07. GRP provisions, but no funding limit.) limit. [Sec. 2401(a)(6]
[16 U.S.C. 3841(a)(5)]
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 ‘‘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 “reduces the economic scope of the requires USDA to give priority to projects nonindustrial private forest land, and
improve habitat, with up to 15% of the producer’s operation;” increases that foster the goals of state, regional, and tribal lands.” Raises limit on cost-share
total made available in any years for portion of funds for long-term national fish and wildlife conservation plans. payments for long-term projects to 25%
agreements that are longer than 15 agreements from 15% to 25% of funding. [Sec. 2393] and limits total payments to $50,000 per
years. year. Allows USDA to provide priority to




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
[16 U.S.C. 3839bb-1] [Sec. 2112] 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 through FY2012. [Sec. 2401(e)]
between 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 “such sums as are
iki/CRS-RL34557necessary” through FY2007.
g/w [16 U.S.C. 3838j]
s.orThe 1996 farm bill amended Sec. Extends authorization of appropriations Extends authorization of appropriations Extends authorization of appropriations
leak1240M(e) of the FSA to authorize the through FY2012. [Sec. 2108] through FY2012. [Sec. 2392] through FY2012. [Sec. 2601]
Conservation of Private Grazing Land
://wikiProgram. Authorizes appropriations of
http$60 million annually through FY2007. [16 U.S.C, 3839bb(e)]
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 help million annually FY2008-2012.
Program for Soil Erosion and Sediment 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]


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
Sec. 524(b)(1) of the Federal Crop Adds Hawaii and Virginia to the list of Reauthorizes the program through FY2012; Adopts House provision with changes to
Insurance Act authorizes an Agricultural eligible states. Allocates 50% of funds to adds Idaho to the list of eligible states. [Sec. include Hawaii as an eligible State.
Management Assistance (AMA) USDA’s NRCS; 10% to Agricultural 2601] Provides an additional $25million in
program for listed states that have Marketing Service (for organic mandatory funding (FY2008-2012).
historic low participation rates in the certification assistance); and 40% to the [Sec. 2801]
Federal Crop Insurance Program. [7 Risk Management Agency. [Sec. 2201]
U.S.C. 1524(b)]
Secs. 1528-1537 of the 1981 farm bill Amends RC&D program to provide a Similar to House provision, clarifying that an Adopts Senate provision. [Sec. 2805]
(Agriculture and Food Act of 1981, P.L. designated coordinator to assist each area plan must be developed through a
108-7) authorizes the Resource approved area. Eliminates requirement locally led process, and that the planning
Conservation and Development to submit a program evaluation to the process, and that the planning process must
Program (RC&D) to develop and House and Senate Agriculture be conducted by a local council. Provides for
implement a regional plan to address Committees before June 30, 2005. a coordinator to improve technical
conservation, water/land management, [Sec. 2202] assistance to councils, as designated by
or community development. [16 U.S.C. USDA. [Sec. 2605]
iki/CRS-RL345571528-1527]
g/wSec. 14(h) of the Watershed Protection Authorizes $50 million annually in Authorizes such sums as necessary in Adopts House provision and provides
s.orand Flood Prevention Act (P.L. 106-mandatory funding (FY2009-12); discretionary funding annually (FY2008-12). $100 million in mandatory funding for
leak472) authorizes discretionary and extends FY2007 discretionary funding [Sec. 2604] FY2009 to remain available until
mandatory funding for a Small level through FY2012. [Sec. 2203] expended. [Sec. 2803]
://wikiWatershed Rehabilitation Program. [16
httpU.S.C. 1012]
The 2002 farm bill amended Sec. Annual funding for regional equity is Annual funding for regional equity is raised Adopts Senate provision with changes.
1241(d) of the FSA to authorize a raised to at least $15 million [Sec. 2404] to at least $15 million, and crop insurance [Sec. 2703]
program to promote regional equity, payments are added to this calculation.
giving each state a total of at least $12 Directs USDA to update state allocation
million annually from certain mandatory formulas. [Sec. 2402]
programs.
[16 U.S.C. 3841d]
The 2002 farm bill amended Sec. 1242 Expands use of third party providers Expands use of third party providers using Adopts Senate provision with changes
of the FSA to authorize delivery of using contracts. Specifies providers contracts. Directs USDA to develop national regarding the delivery of technical
technical assistance directly or using a should get at least prevailing market certification criteria and approve established assistance. [Sec. 2706]


third party provider and specifies how rates, calls for a review/update of all state standards. Provides funding through
providers are to be approved by USDA. technical assistance specifications, each conservation program, specifies
Authorizes cooperative agreements including the needs of specialty crop minimum and maximum contract terms,
with non-federal entities to provide producers. [Sec. 2402] among other considerations. Includes similar
technical assistance. [16 U.S.C. 3842] provisions for specialty crop producers as


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
the House bill. [Sec. 2404]
The 2002 farm bill amended Sec. Expands access to program incentives to Requires USDA to develop a streamlined Adopts House provision with changes to
1244(a) of the FSA to authorize USDA include socially disadvantaged and application process for conservation include certain acreage limitations and
to provide incentives to beginning limited resource farmers and ranchers. programs. Provides for Safe Harbor exemptions, and also a pollinator
farmers/ranchers and Indian tribes to Requires USDA to develop a assurances to the landowner under the protection provision. Requires USDA
participate in conservation programs. streamlined application process. [Sec. Endangered Species Act. Allows producers report to Congress on the completion of
[16 U.S.C. 3844(a)] 2405] to apply for programs through a producer the requirements not later than 1 year
organization. [Sec. 2405] after enactment. [Sec. 2708]
The 1990 farm bill amended Sec. 1261 Specifies STC have at least 12 producers Adds non-industrial private forest land Adopts House provision with changes to
of the FSA to authorize state technical representing agriculture; removes owners to the list of groups represented on require USDA to develop standard
committees (STC), including members requirement for persons knowledgeable the STC. Requires USDA to develop committee operating procedures,
and interests to be represented, about conservation; adds new standard operating procedures to be used by updates the names of participating
outlining duties, and specifying that provisions creating subcommittees and the State technical committee in the agencies, and deletes the requirement for
committees are advisory with no lists potential topics; describes development of technical guidelines for the establishing specific issue-area
implementation or enforcement responsibilities in more general terms. implementation of the conservation subcommittees. Requires that public
iki/CRS-RL34557authority. [Sec. 2408] provisions of this title. Makes local work notice be given for meetings of the State
g/w[16 U.S.C. 3861-3862] groups subcommittees of the State technical technical committee and adds local
s.orcommittee. working groups as subcommittees. [Sec.
leak[Sec. 2501] 2711]
The 1996 farm bill amended Sec. 351 of No comparable provision. Amends numerous provisions authorizing Deletes Senate provision.
://wikithe FSA to authorize a National Natural the Foundation. [Sec. 2606]
httpResources Conservation Foundation to
raise private funds that will be used to
promote conservation. Program has
never been implemented.
[16 U.S.C. 5801-5809]
The 2002 farm bill amended Sec. 2507 No comparable provision. Amends the desert terminal lakes provision Adopts Senate provision with changes.
of the FSA to authorize USDA to to allow funds to be used to lease water or Provides $175 million in mandatory
transfer $200 million of CCC funds to to purchase land and related interests in the funding. [Sec. 2807]
the Bureau of Reclamation for water to Walker River Basin. [2607]
at-risk natural desert terminal lakes.
[43 U.S.C. 2211note]
The 1990 farm bill amended Sec. 1261 Specifies STC have at least 12 producers Adds non-industrial private forest land Adopts House provision with changes to
of the FSA to authorize state technical representing agriculture. Removes owners to the list of groups represented on require USDA to develop committee
committees (STC), including members requirement for persons knowledgeable the STC. [Sec. 2501] standard operating procedures, and to
and interests to be represented, about conservation. Adds new update the names of participating
outlining duties, and specifying that provisions creating subcommittees issue agencies. Deletes the requirement for




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
committees are advisory with no areas. Describes responsibilities in more establishing specific issue-area
implementation or enforcement general terms. [Sec. 2408] subcommittees. [Sec. 2711]
authority.
[16 U.S.C. 3861-3862]
New Conservation Programs
No comparable provision. Authorizes a new Chesapeake Bay No comparable provision. (Note: The Adopts House provision with changes.
Program for Nutrient Reduction and Chesapeake Bay program is authorized as a Renames program Chesapeake Bay
Sediment Control to carry out part of EQIP.) Watershed Program. Applies to all
restoration, enhancement, and tributaries, backwaters, and side
preservation projects. Identifies four channels, including watersheds, draining
specified watersheds. The non-federal into the Chesapeake Bay, but gives
cost share for each project will be at priority to the Susquehanna, Shenandoah,
least 35%, but will not exceed $5 Potomac, and Patuxent Rivers. Provides
million. Sets mandatory funding at $10 mandatory funds of $23 million (FY2009);
iki/CRS-RL34557million (FY2008), rising to $55 million (FY2012). [Sec. 2301] $43 million (FY2010); $72 million (FY2011); and $50 million (FY2012). [Sec.
g/w2605]
s.orNo comparable provision. The so-called “Open Fields” provision Similar to the House bill, and includes a Adopts Senate provision with an
leakauthorizes 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 the mandatory funds for the period FY2009-
://wikiIncentive Program to encourage land-public and provides $20 million per year in 2012. Includes a 25% reduction for the
httpowners to provide public access for mandatory funding annually (FY2008-2012). total grant amount if the opening dates
wildlife-dependent recreation. Sets [Sec. 2399 and Sec. 2401(a)(9)] for migratory bird hunting in the State
application contents and award are not consistent for residents and non-
priorities. Authorizes discretionary residents. [Sec. 2606]
funding of $20 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 used EQIP funds be used to assist beginning
to assist beginning and socially disadvantaged farmers or ranchers, and an additional 5%
farmers and ranchers with annual gross sales of each to assist socially disadvantaged
of $15,000 or more. [Sec. 2403] farmers or ranchers. [Sec. 2704]
No comparable provision. Authorizes a new Muck Soils Conser-No comparable provision. Deletes provision.


vation Program for eligible land, defined
by five characteristics. Authorizes


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
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
(Note: Current law limits CRP payments existing conservation payment limit language. Limits annual payments to within each section of the bill and deletes 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. Defines how payments should be
[16 U.S.C. 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
iki/CRS-RL34557including how to improve producer of FSA to accommodate the intent of the
g/wprogram access. [Sec. 2406] House bill.
s.orNo comparable provision. Authorizes a new provision to develop Authorizes a new provision to develop Adopts House provision with changes.
leakagriculture and forestry based agriculture and forestry based environmental Directs USDA to work in consultation
environmental services to promote service markets, giving priority to developing with other federal and state government
://wikimarket-based conservation. Specifies carbon storage. Directs USDA to use a agencies, nongovernmental interests and
httpuse of USDA-funded research, collaborative process with specified other interested persons, as determined
contracts, and award grants. Establishes government and non-government interests by USDA, to establish technical guide-
a USDA-led Environmental Services to develop a framework and identifies lines for measuring environmental
Standards Board of senior federal relevant framework components services and to establish a verification
officials to facilitate the development of (quantification, accounting, and verification). process (allowing for consideration of
credit markets and disseminate Requires three reports to Congress. third party verifiers). Directs USDA to
performance standards to federal Authorizes discretionary funding of “such focus initially on carbon markets. Does
agencies. Authorizes $50 million in sums as are necessary.” [Sec. 2406] not authorize funds, expecting USDA to
discretionary funding, with appropriated use available resources. [Sec. 2709]
amounts to remain available 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]


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
No comparable provision. Allows USDA to encourage No comparable provision. Deletes provision.
development 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 Similar to House provision, but provided Adopts Senate provision. [Sec. 2301]
peanut producer for a 4 year crop within CSP, directing USDA to provide
iki/CRS-RL34557rotation; authorizes appropriations up to $10 million annually (FY2008-12). additional payments to producers who agree to adopt resource-conserving crop rotations
g/wSec. 2504] to achieve optimal crop rotations. [Sec.
s.or2341]
leakNo comparable provision. See section 2103 on the Conservation Authorizes a new Comprehensive Deletes Senate provision. Renames CSP
://wiki(Note: See the Conservation Security Security Program (described above), for some related changes. For example, the Stewardship Incentives Program to coordinate administration of a new the Conservation Stewardship Program. [Sec. 2301]
httpProgram, above, in existing programs.) House bill defines “priority resources of Conservation Stewardship Program (see
concern;” 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


Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
watershed programs. [Sec. 2398]
No comparable provision. No comparable provision. Directs USDA to assist producers who apply Deletes provision. Places payment limits
for programs indirectly through certain within each section of the bill and deletes
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 Conservation Adopts Senate provision, but limits
Experienced Service Program, such that individuals employed under this authority
USDA can enter into agreements with to providing only technical assistance
organizations to provide technical assistance (excluding administrative tasks).
using qualified individuals 55 years or older. [Sec. 2710]
[Sec. 2602]
No comparable provision. No comparable provision. Amends the Soil Conservation and Adopts Senate provision. [Sec. 2802]
iki/CRS-RL34557Domestic Allotment Act of 1935 by
g/wproviding definitions and creates new technical assistance provisions. Reauthorizes
s.orthe Soil and Water Resources Conservation
leakAct of 1977 through 2028; requires a
national appraisal of soil, water and related
://wikiresources to be issued every 10 years. [Sec.
http2603]
No comparable provision. The “sodsaver” 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 insurance and the noninsured crop disaster insurance and the noninsured crop
crop ineligible for crop insurance for the assistance program. Directs USDA to report disaster assistance program for the first 5
first 4 years of planting. [Sec. 11007] within 180 days of enactment, and annually years of planting. May apply to virgin
thereafter, on changes in cropland acreage, prairie converted to cropland in the
by county, since 1995. [Sec. 2608] Prairie Pothole National Priority Area, if
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 Aquifer’s recharge
potential. [Sec. 2609]
No comparable provision. No comparable provision. Amends the Federal Insecticide, Fungicide, Adopts the Senate provision on payment
and Rodenticide Act (FIFRA) [7 U.S.C. of expenses. [Sec. 14209] Deletes Senate
136o(d)] to require the State Department to provision making technical corrections to




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
pay expenses incurred by EPA employees pesticide registration, but includes a
associated with certain international container recycling provision.
activities. [Sec. 2610] Amends sec. 33 of [Sec. 14109]
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 control activities. Requires DOI to consult neutral both as to appropriations and as
maintain the specific salinity control with the Colorado River Basin Salinity to draws on the basin funds. States there
units as the initial stage of the Colorado Control Advisory Council related to are no changes to the cost share ratios
River Basin salinity control program. assistance in the form of grants, grant already established in the act; the
[43 U.S.C. 1592(a)] commitments, or the advancement of funds percentage split between the two funds;
to federal or non-federal entities. Requires a or the 15% cap requirement on the basin
iki/CRS-RL34557planning report to Congress describing the proposed program implementation; states cost share derived from the Upper Colorado River Basin Fund. [Sec. 2806]
g/wstipulates that no funds may be expended
s.oruntil 30 days after the report is submitted.
leak[Sec. 2611]
://wikiNo comparable provision. No comparable provision. No comparable provision. Authorizes USDA to accept contributions to support conservation
httpprograms to establish a sub-account for
each USDA conservation program to
accept contributions 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
significance; and (3) AWEP payments




Prior Law/Policy
(P.L. 107-171) House Bill Senate Amendment Enacted 2008 Farm Bill
(unless otherwise Indicated) (H.R. 2419) (H.R. 2419) (P.L. 110-246)
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:
iki/CRS-RL34557
g/w—Names the National Plant Materials Center at Beltsville, MD, in honor of
s.orNorman A. Berg. [Sec. 2902]
leak
—Directs USDA, in consultation with the
://wikiCCC, to promulgate regulations not later than 90 days after the date of enactment,
httpnecessary to implement title II. [Sec.
2904]






Tadlock Cowan Megan Stubbs
Analyst in Natural Resources and Rural Analyst in Agricultural Conservation and Natural
Development Resources Policy
tcowan@crs.loc.gov, 7-7600 mstubbs@crs.loc.gov, 7-8707
Renée Johnson
Specialist in Agricultural Policy
rjohnson@crs.loc.gov, 7-9588