I

104TH CONGRESS

1ST SESSION H. R. 2496

To amend the wetland conservation provisions of the Food Security Act

of 1985 to assist agricultural producers in receiving prompt and fair

resolution of complaints alleging producer violations of such provisions

and to limit the application of the program ineligibility sanction to

the farm on which a violation of such provisions occurs.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 18, 1995

Mr. BUYER (for himself, Mr. BURTON of Indiana, Mr. HAMILTON, Mr. JACOBS, Mr. BEREUTER, and Mr. BRYANT of Tennessee) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To amend the wetland conservation provisions of the Food

Security Act of 1985 to assist agricultural producers

in receiving prompt and fair resolution of complaints

alleging producer violations of such provisions and to

limit the application of the program ineligibility sanction

to the farm on which a violation of such provisions

occurs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. MODIFICATION OF WETLAND CONSERVATION

2 PROVISIONS.

3 (a) AUTHORITY OF STATE DIRECTOR TO WAIVE

4 FINES AND PENALTIES.—Section 1222 of the Food Secu5 rity Act of 1985 (16 U.S.C. 3822) is amended—

6 (1) by redesignating subsections (i) and (j) as

7 subsection (j) and (k), respectively; and

8 (2) by inserting after subsection (h) the follow9 ing new subsection:

10 ‘‘(i) ADDITIONAL GOOD FAITH EXEMPTION.—The

11 executive director of a State committee appointed by the

12 Secretary under section 8(b)(5) of the Soil Conservation

13 and Domestic Allotment Act (16 U.S.C. 590h(d)) may

14 waive or reduce the extent of a person’s ineligibility for

15 program benefits proposed or imposed under section 1221,

16 or any fine or reduction in program benefits proposed or

17 imposed in lieu of program ineligibility, in connection with

18 a violation of section 1221 in that State if the executive

19 director determines that the violation involves not more

20 than five acres and the person acted in good faith without

21 the intention to violate such section. An executive director

22 shall make a determination under this subsection in con23 sultation with the county or area committee established

24 for the county or area in which the alleged violation oc25 curred.’’.
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1 (b) CONTINUATION OF FARMING PRACTICES PEND2 ING APPEAL.—Section 1221 of such Act (16 U.S.C. 3821)

3 is amended by adding at the end the following new sub4 section:

5 ‘‘(c) CONTINUATION OF FARMING PRACTICES PEND6 ING APPEAL.—During the course of making a determina7 tion regarding the violation of this subtitle, and during

8 the course of any review of such a determination, the Sec9 retary may not prohibit or seek to prevent the person ac10 cused of the violation from raising an agricultural com11 modity on, or otherwise manipulating, the land that is the

12 subject of the determination unless the person deviates

13 from previous farming practices used with respect to the

14 land.’’.

15 (c) USE OF CERTIFIED MAIL TO PROVIDE NOTICE

16 OF VIOLATIONS.—Section 1221 of such Act (16 U.S.C.

17 3821) is further amended by inserting after subsection (c),

18 as added by subsection (b) of this section, the following

19 new subsection:

20 ‘‘(d) NOTICE OF VIOLATIONS.—The Secretary shall

21 use certified mail to promptly notify a person who is al22 leged to be in violation of this section.’’.

23 (d) PROGRAM INELIGIBILITY LIMITED TO VIOLATING

24 FARM.—
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1 (1) PRODUCTION ON CONVERTED WETLAND.—

2 Subsection (a) of section 1221 of such Act (16

3 U.S.C. 3821) is amended—

4 (A) in paragraph (1), by inserting ‘‘on the

5 farm containing such converted wetland’’ after

6 ‘‘crop year’’ in the matter preceding the sub7 paragraphs;

8 (B) in paragraph (2), by inserting ‘‘pro9 duced on the farm containing such converted

10 wetland and’’ after ‘‘agricultural commodity’’;

11 and

12 (C) in paragraph (3), by inserting ‘‘with

13 respect to the farm containing such converted

14 wetland’’ after ‘‘crop year’’ in the matter pre15 ceding the subparagraphs.

16 (2) CONVERSION OF WETLAND.—Subsection (b)

17 of such section is amended by inserting ‘‘with re18 spect to the farm on which the wetland conversion

19 occurs’’ before the period at the end.

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