I

104TH CONGRESS

1ST SESSION H. R. 2542

To consolidate conservation cost-share assistance programs of the Department

of Agriculture, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1995

Mr. ALLARD (for himself and Mr. ROBERTS) introduced the following bill;

which was referred to the Committee on Agriculture, and in addition to

the Committee on Resources, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To consolidate conservation cost-share assistance programs

of the Department of Agriculture, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Conservation Consolidation and Regulatory Reform Act

6 of 1995’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents.
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TITLE I—REESTABLISHMENT OF SOIL CONSERVATION

SERVICE

Sec. 101. Reestablishment of Soil Conservation Service within Consolidated

Farm Service Agency and designation of functions.

Sec. 102. Role of Consolidated Farm Service Agency and Soil Conservation

Service in administration of Agricultural Conservation Assistance Program and Livestock Water Quality Conservation Program.

Sec. 103. Effect of reestablishment of Soil Conservation Service.

TITLE II—CONSOLIDATION OF CONSERVATION FINANCIAL

ASSISTANCE PROGRAMS OF THE DEPARTMENT OF AGRICULTURE

Subtitle A—Agricultural Conservation Assistance Program

Sec. 201. Purpose of title and definitions.

Sec. 202. Provision of technical and financial assistance for structural practices

to conserve and improve soil, water, and related natural resources.

Sec. 203. Cost-share plans.

Sec. 204. Financial assistance under contract.

Sec. 205. Termination of contracts.

Sec. 206. Authorization of appropriations.

Sec. 207. Interim administration of Agricultural Conservation Assistance Program.

Subtitle B—Conforming Amendments

Sec. 221. Repeal of great plains conservation program.

Sec. 222. Repeal of critical lands resource conservation program in great plains

area.

Sec. 223. Repeal of agricultural conservation program.

Sec. 224. Repeal of Colorado River basin salinity control program.

Sec. 225. Repeal of rural environmental conservation program.

Sec. 226. Repeal of water quality incentive projects.

Sec. 227. Repeal of control of weeds and pests program.

Sec. 228. Repeal of tree planting initiative.

Sec. 229. Repeal of integrated farm management program option.

Sec. 230. Repeal of special areas conservation program and reservoir sedimentation program.

Sec. 231. Repeal of small watershed easement purchase authority.

Sec. 232. Repeal of financial assistance programs under Cooperative Forestry

Assistance Act of 1978.

Sec. 233. Repeal of Water Bank Act.

Sec. 234. Effect of repeals.

TITLE III—WATER QUALITY CONSERVATION PROGRAM

FOR LIVESTOCK OPERATIONS

Sec. 301. Purpose of title and definitions.

Sec. 302. Provision of technical and financial assistance for water quality conservation for livestock operations.

Sec. 303. Assistance under contract.

Sec. 304. Priorities in evaluation of contract offers.

Sec. 305. Water quality plans.
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Sec. 306. Modification and termination of contracts.

Sec. 307. Use of funds of Commodity Credit Corporation.

Sec. 308. Regulations.

TITLE IV—HIGHLY ERODIBLE CROPLAND CONSERVATION

Sec. 401. Definitions applicable to highly erodible cropland conservation.

Sec. 402. Development and implementation of conservation plans and conservation systems.

Sec. 403. Expedited procedures for granting variances from conservation plans.

Sec. 404. Good faith exemption.

Sec. 405. Application of program ineligibility penalty.

Sec. 406. Conservation reserve lands.

Sec. 407. Investigation of possible compliance deficiencies.

Sec. 408. Producer advisory committees.

Sec. 409. Expiration of authority.

TITLE V—ENVIRONMENTAL CONSERVATION ACREAGE

RESERVE PROGRAM

Sec. 501. Removal of authority to purchase easements to enroll lands in wetland reserve program.

Sec. 502. Elimination of consultation requirements with Secretary of the Interior.

Sec. 503. Repeal of environmental easement program.

Sec. 504. Effect on existing easements.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. Clarification of effect of resource planning on allocation or use of

water.

Sec. 602. Repeal of State technical committees.

Sec. 603. Repeal of program regarding management of undesirable plants on

Federal lands.

Sec. 604. Repeal of composting research and extension program.

Sec. 605. Repeal of Farms for the Future Act of 1990.

Sec. 606. Administration of environmental programs.

1 TITLE I—REESTABLISHMENT OF

2 SOIL CONSERVATION SERVICE

3 SEC. 101. REESTABLISHMENT OF SOIL CONSERVATION

4 SERVICE WITHIN CONSOLIDATED FARM

5 SERVICE AGENCY AND DESIGNATION OF

6 FUNCTIONS.

7 (a) REPLACEMENT FOR NATURAL RESOURCES CON8 SERVATION SERVICE.—Section 246 of the Department of

9 Agriculture Reorganization Act of 1994 (7 U.S.C. 6962)
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1 is amended by striking the section heading and sub2 sections (a), (b), and (c) and inserting the following:

3 ‘‘SEC. 246. SOIL CONSERVATION SERVICE.

4 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab5 lish and maintain the Soil Conservation Service as an

6 agency within the Consolidated Farm Service Agency of

7 the Department.

8 ‘‘(b) FUNCTIONS GENERALLY.—The Soil Conserva9 tion Service established under subsection (a) shall have ju10 risdiction over—

11 ‘‘(1) all soil and water conservation programs

12 performed, as of October 12, 1994, by the Soil Con13 servation Service established by section 5 of the Soil

14 Conservation and Domestic Allotment Act (16

15 U.S.C. 590e); and

16 ‘‘(2) such other functions as the Secretary con17 siders appropriate, including functions assigned di18 rectly to the Consolidated Farm Service Agency.

19 ‘‘(c) SPECIFIC FUNCTIONS.—The functions assigned

20 to the Soil Conservation Service under subsection (a)(1)

21 shall not include any function repealed by title II of the

22 Conservation Consolidation and Regulatory Reform Act of

23 1995.’’.

24 (b) USE OF FEDERAL AND NON-FEDERAL EMPLOY25 EES.—Subsection (d)(1) of such section is amended by
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1 striking ‘‘Natural Resources Conservation Service’’ and

2 inserting ‘‘Soil Conservation Service’’.

3 (c) SAVINGS PROVISION.—Subsection (e) of such sec4 tion is amended to read as follows:

5 ‘‘(e) SAVINGS PROVISION.—For purposes of this sec6 tion, a reference to the ‘Consolidated Farm Service Agen7 cy’ includes any other office, agency, or administrative

8 unit of the Department assigned all or most of the func9 tions authorized for the Consolidated Farm Service Agen10 cy under section 226.’’.

11 (d) CONFORMING AMENDMENTS TO REFLECT POSI12 TION OF SCS WITHIN CONSOLIDATED FARM SERVICE

13 AGENCY.—Section 226 of such Act (7 U.S.C. 6932) is

14 amended—

15 (1) in subsection (b)—

16 (A) by redesignating paragraph (5) as

17 paragraph (6);

18 (B) by inserting after paragraph (4) the

19 following new paragraph:

20 ‘‘(5) Soil and water conservation programs per21 formed by the Soil Conservation Service established

22 within the Agency under section 246.’’; and

23 (C) in paragraph (6) (as so redesignated),

24 by striking ‘‘, except for those programs as25 signed by the Secretary to the Natural Re-
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1 sources Conservation Service or another agency

2 of the Department under section 246(b)’’;

3 (2) by striking subsection (c) and inserting the

4 following new subsection:

5 ‘‘(c) SPECIAL CONSULTATION REQUIREMENTS FOR

6 CERTAIN FUNCTIONS.—In carrying out the programs

7 specified in paragraphs (4) and (5) of subsection (b), the

8 Secretary shall—

9 ‘‘(1) acting on the recommendations of the Con10 solidated Farm Service Agency issue regulations to

11 carry out such programs; and

12 ‘‘(2) ensure that officials of county and area

13 committees established under section 8(b)(5) of the

14 Soil Conservation and Domestic Allotment Act (16

15 U.S.C. 590h(b)(5)) meet annually with officials of

16 Soil and Water Conservation Districts or similar or17 ganizations established under State law to consider

18 local conservation priorities and guidelines.’’;

19 (3) in subsection (d)—

20 (A) in paragraph (2), by striking ‘‘, by rule

21 with the concurrence of the Natural Resources

22 Conservation Service,’’; and

23 (B) by striking ‘‘Natural Resources Con24 servation Service’’ each place it appears and in25 serting ‘‘Soil Conservation Service’’;
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1 (4) in subsection (f), by striking ‘‘Natural Re2 sources Conservation Service’’ and inserting ‘‘Soil

3 Conservation Service’’; and

4 (5) by striking subsection (g) and inserting the

5 following new subsection:

6 ‘‘(g) SAVINGS PROVISION.—For purposes of sub7 sections (c) through (f) of this section, a reference to the

8 ‘Consolidated Farm Service Agency’ includes any other of9 fice, agency, or administrative unit of the Department as10 signed the functions authorized for the Consolidated Farm

11 Service Agency under this section.’’.

12 (e) CONFORMING AMENDMENT REGARDING NA13 TIONAL APPEALS DIVISION.—Section 271(2) of such Act

14 (7 U.S.C. 6991(2)) is amended by striking subparagraph

15 (F) and inserting the following new subparagraph:

16 ‘‘(F) The Soil Conservation Service.’’.

17 (f) CLERICAL AMENDMENT.—The table of contents

18 in section 1(b) of the Federal Crop Insurance Reform and

19 Department of Agriculture Reorganization Act of 1994

20 (Public Law 101–354; 108 Stat. 3178) is amended by

21 striking the item relating to section 246 and inserting the

22 following new item:

‘‘Sec. 246. Soil Conservation Service.’’.
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1 SEC. 102. ROLE OF CONSOLIDATED FARM SERVICE AGENCY

2 AND SOIL CONSERVATION SERVICE IN AD3 MINISTRATION OF AGRICULTURAL CON4 SERVATION ASSISTANCE PROGRAM AND

5 LIVESTOCK WATER QUALITY CONSERVATION

6 PROGRAM.

7 (a) AUTHORITY TO USE CONSOLIDATED FARM

8 SERVICE AGENCY.—Section 226(b) of the Department of

9 Agriculture Reorganization Act of 1994 (7 U.S.C.

10 6932(b)), as amended by section 101(d), is further amend11 ed by striking paragraph (4) and inserting the following

12 new paragraph:

13 ‘‘(4) Chapter 1 of subtitle D of title XII of the

14 Food Security Act of 1985 (16 U.S.C. 3830 et seq.)

15 and the provision of financial assistance under the

16 Agricultural Conservation Assistance Program estab17 lished under section 202 of the Conservation Con18 solidation and Regulatory Reform Act of 1995 and

19 the Livestock Water Quality Conservation Program

20 established under section 302 of such Act.’’.

21 (b) USE OF SOIL CONSERVATION SERVICE TO PRO22 VIDE TECHNICAL ASSISTANCE.—Section 246(b) of such

23 Act (7 U.S.C. 6962(b)), as amended by section 101(a),

24 is further amended—

25 (1) by redesignating paragraph (2) as para26 graph (3); and
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1 (2) by inserting after paragraph (1) the follow2 ing new paragraph:

3 ‘‘(2) The provision of technical assistance under

4 the Agricultural Conservation Assistance Program

5 established under section 202 of the Conservation

6 Consolidation and Regulatory Reform Act of 1995

7 and the Livestock Water Quality Conservation Pro8 gram established under section 302 of such Act.’’.

9 SEC. 103. EFFECT OF REESTABLISHMENT OF SOIL CON10 SERVATION SERVICE.

11 (a) INTERAGENCY TRANSFER OF RECORDS, PROP12 ERTY, PERSONNEL, AND FUNDS.—As part of the reestab13 lishment of the Soil Conservation Service under section

14 101 to replace the Natural Resources Conservation Serv15 ice, the Secretary of Agriculture shall transfer to the Soil

16 Conservation Service—

17 (1) all of the records, property, and personnel

18 of the Natural Resources Conservation Service; and

19 (2) the unexpended balances (available or to be

20 made available for use in connection with any func21 tion of the Natural Resources Conservation Service)

22 of appropriations, allocations, or other funds of the

23 Natural Resources Conservation Service.
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1 (b) APPLICABLE LAW RELATING TO FUNDS TRANS2 FER.—Section 1531 of title 31, United States Code, shall

3 apply to any transfer of funds under subsection (a).

4 TITLE II—CONSOLIDATION OF

5 CONSERVATION FINANCIAL

6 ASSISTANCE PROGRAMS OF

7 THE DEPARTMENT OF AGRI8 CULTURE

9 Subtitle A—Agricultural

10 Conservation Assistance Program

11 SEC. 201. PURPOSE OF TITLE AND DEFINITIONS.

12 (a) PURPOSE.—It is the purpose of this title to con13 solidate into a single program all current authorities of

14 the Secretary of Agriculture with respect to conservation

15 programs under which the Secretary contributes to the

16 cost of conservation measures undertaken on private

17 lands.

18 (b) DEFINITIONS.—For purposes of this title:

19 (1) AGRICULTURAL CONSERVATION ASSISTANCE

20 PROGRAM.—The term ‘‘Agricultural Conservation

21 Assistance Program’’ means the program established

22 under section 202 to provide technical and financial

23 assistance to the owners and operators of private ag24 ricultural lands for conservation and improvement of

25 soil, water, and related natural resources.
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1 (2) AGRICULTURAL COMMODITY.—The term

2 ‘‘agricultural commodity’’ means any annual or pe3 rennial crop (including forage or hay), aquaculture

4 product, nursery product, silviculture product, and

5 water-dependent crop (such as cranberries, taro, wa6 tercress, or rice).

7 (3) AGRICULTURAL LANDS.—The term ‘‘agri8 cultural lands’’ includes cropland, nonindustrial for9 est land, and other lands used to produce or support

10 the production of an agricultural commodity.

11 (4) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of Agriculture.

13 (5) STRUCTURAL PRACTICE.—The term ‘‘struc14 tural practice’’ means the establishment of a terrace,

15 grassed waterway, contour grass strip, filterstrip,

16 shelterbelt, permanent wildlife habitat, or other ac17 tivity that the Secretary determines improves or pro18 tects soil, water, and related natural resources.

19 SEC. 202. PROVISION OF TECHNICAL AND FINANCIAL AS20 SISTANCE FOR STRUCTURAL PRACTICES TO

21 CONSERVE AND IMPROVE SOIL, WATER, AND

22 RELATED NATURAL RESOURCES.

23 (a) AGRICULTURAL CONSERVATION ASSISTANCE

24 PROGRAM.—The Secretary of Agriculture shall carry out

25 a program, to be known as the ‘‘Agricultural Conservation
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1 Assistance Program’’, to provide technical and financial

2 assistance to the owners and operators of private agricul3 tural lands who request such assistance to plan, develop,

4 and implement structural practices applicable to such

5 lands and intended to effectuate one or more of the follow6 ing purposes:

7 (1) Control of erosion and sedimentation from

8 such lands.

9 (2) Conservation of water resources on such

10 lands and promotion of water conservation practices.

11 (3) Improvement of water quality in rural

12 America.

13 (4) Control of salinity resulting from the use of

14 such lands.

15 (5) Enhancement, restoration, or creation of

16 wetlands and riparian areas.

17 (6) Improvement in the production and utiliza18 tion of timber.

19 (7) Improvement of wildlife habitat.

20 (b) CONTRACTS.—Subject to subsection (c), the Sec21 retary shall provide technical and financial assistance

22 under the Agricultural Conservation Assistance Program

23 on the basis of a contract between the Secretary and an

24 owner or operator of agricultural lands. The Secretary

25 may not enter into a contract with an operator who is not
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1 also owner of the agricultural lands unless the actual

2 owner of the lands concurs in the contract. The contract

3 shall describe the structural practice for which the assist4 ance is being provided and specify the manner in which

5 the structural practice will be carried out consistent with

6 the cost-share plan developed under section 203.

7 (c) APPROVAL OF COUNTY OR AREA COMMITTEE.—

8 Each contract under the Agricultural Conservation Assist9 ance Program shall be subject to the approval of the coun10 ty or area committee established under section 8(b)(5) of

11 the Soil Conservation and Domestic Allotment Act (16

12 U.S.C. 590h(b)) for the county or area within which the

13 agricultural land subject to the contract is located.

14 (d) TERM OF CONTRACT.—The term of a contract

15 under the Agricultural Conservation Assistance Program

16 may not exceed five years, except that the Secretary may

17 enter into a longer contract on a case-by-case basis if the

18 Secretary determines that a longer contract term is essen19 tial to accomplish one of the purposes specified in sub20 section (a).

21 (e) OWNER AND OPERATOR RESPONSIBILITIES.—

22 Under the terms of a contract under the Agricultural Con23 servation Assistance Program, the owner or operator en24 tering into the contract shall agree to comply with the
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1 terms and conditions of the applicable cost-share plan, as

2 approved by the Secretary under section 203.

3 SEC. 203. COST-SHARE PLANS.

4 (a) COST-SHARE PLAN.—To be eligible to enter into

5 a contract under the Agricultural Conservation Assistance

6 Program, an owner or operator must prepare and submit

7 to the Secretary of Agriculture for approval a plan of

8 farming operations or land use practices which incor9 porates such soil and water conservation practices and

10 principles as may be determined by the Secretary to be

11 practicable to achieve the purposes for which the assist12 ance is provided and outlines a schedule of proposed

13 changes in cropping systems or land use to be carried out

14 during the contract period. At the option of the owner or

15 operator, the owner or operator may rely on a conservation

16 plan developed pursuant to section 1212 of the Food Secu17 rity Act of 1985 (16 U.S.C. 3812) or any other conserva18 tion or natural resource plan required for participation in

19 any program within the jurisdiction of the Secretary so

20 long as the plan is approved by the Secretary for purposes

21 of the Agricultural Conservation Assistance Program.

22 (b) CONSULTATION.—In considering a cost-share

23 plan for approval, the Secretary shall consult with the Soil

24 Conservation Service and the local soil and water con25 servation district.
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1 (c) REQUIREMENTS OF THE PLAN.—To be approved

2 by the Secretary, a cost-share plan must be approved by

3 the appropriate county or area committee as containing

4 sufficient details regarding the structural practice to be

5 carried out and any farming operations or land use prac6 tices to be implemented or used by the owner or operator

7 to advance one or more of the purposes specified in section

8 202(a).

9 SEC. 204. FINANCIAL ASSISTANCE UNDER CONTRACT.

10 (a) DETERMINATION OF AMOUNT.—Subject to sub11 sections (b) and (c), the amount of financial assistance

12 that may be provided under a contract under the Agricul13 tural Conservation Assistance Program shall be such por14 tion of the cost of planning, developing, or implemented

15 the structural practice described in the contract as the

16 Secretary of Agriculture determines to be necessary to

17 achieve the purposes for which the assistance is provided.

18 In determining the level of assistance, the Secretary shall

19 give consideration to—

20 (1) the amount of expected conservation or en21 vironmental benefit accruing to society;

22 (2) the total cost of carrying out the structural

23 practice;

24 (3) the degree to which appropriate structural

25 practices will be implemented in the absence of fi-
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1 nancial assistance under the Agricultural Conserva2 tion Assistance Program; and

3 (4) in order to avoid duplication of assistance,

4 the degree to which the owner or operator benefits

5 from other public conservation programs.

6 (b) COST-SHARE REQUIREMENT.—The Federal

7 share of cost-sharing payments under a contract under the

8 Agricultural Conservation Assistance Program shall not

9 exceed 50 percent of the total cost of the structural prac10 tice covered by the contract, as determined by the Sec11 retary. However, the Secretary may exceed the percentage

12 limitation on a case-by-case basis if the Secretary deter13 mines that a larger Federal share is essential to accom14 plish one of the purposes specified in section 202(a), ex15 cept that in no case may the Federal share exceed 75 per16 cent.

17 (c) PER PERSON LIMITATION ON FINANCIAL ASSIST18 ANCE.—The total annual amount of payments to a person

19 under one or more contracts under the Agricultural Con20 servation Assistance Program may not exceed $5,000.

21 However, the Secretary may exceed the limitation on the

22 annual amount of payments on a case-by-case basis if the

23 Secretary determines that a larger payment is essential

24 to accomplish one of the purposes specified in section

25 202(a).
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1 (d) TIME FOR PAYMENT.—In the case of multiyear

2 contract under the Agricultural Conservation Assistance

3 Program, the Secretary may make the entire Federal pay4 ment under the contract in the first year of the contract

5 to advance implementation of the structural practice for

6 which the payment is being made. Payments may not be

7 made beyond the term of the contract.

8 (e) TREATMENT OF PAYMENTS.—Payments under

9 the Agricultural Conservation Assistance Program shall be

10 treated in the same manner as payments made under the

11 agricultural conservation program authorized by the Soil

12 Conservation and Domestic Allotment Act (16 U.S.C.

13 590a et seq.), as in effect on the day before the date of

14 the enactment of this Act.

15 SEC. 205. TERMINATION OF CONTRACTS.

16 (a) TERMINATION.—The Secretary may terminate a

17 contract entered into with an owner or operator under the

18 Agricultural Conservation Assistance Program if the

19 owner or operator agrees to such termination or the owner

20 or operator violates the terms and conditions of the con21 tract.

22 (b) REPAYMENT.—On the violation of a term or con23 dition of the contract under the Agricultural Conservation

24 Assistance Program at any time by the owner or operator,

25 the owner or operator shall refund any cost-sharing pay-
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1 ment already received under section 204 and forfeit any

2 future payments under the contract. On the transfer of

3 the right and interest of an owner in land subject to the

4 contract, the owner shall refund all cost-sharing payments

5 received by the owner under the contract unless the trans6 feree of the right and interest agrees to assume all obliga7 tions of the owner under the contract.

8 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated such sums

10 as may be necessary to carry out this subtitle during each

11 of the fiscal years 1996 through 2002.

12 SEC. 207. INTERIM ADMINISTRATION OF AGRICULTURAL

13 CONSERVATION ASSISTANCE PROGRAM.

14 (a) INTERIM ADMINISTRATION PENDING IMPLEMEN15 TATION OF AGRICULTURAL CONSERVATION ASSISTANCE

16 PROGRAM.—

17 (1) IN GENERAL.—During the period beginning

18 on the date of the enactment of this Act and ending

19 on the later of the dates specified in paragraph (2),

20 to ensure that technical assistance and cost-sharing

21 payments continue to be administered in an orderly

22 manner until such time as assistance can be pro23 vided through final regulations issued to implement

24 the Agricultural Conservation Assistance Program,

25 the Secretary shall continue to provide technical as-
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1 sistance and cost-sharing payments under the terms

2 and conditions of the authorities repealed by subtitle

3 B to the extent the terms and conditions of such au4 thorities are consistent with the Agricultural Con5 servation Assistance Program.

6 (2) EXPIRATION OF AUTHORITY.—The author7 ity of the Secretary to carry out paragraph (1) shall

8 terminate on the later of—

9 (A) the date that is 180 days after the

10 date of the enactment of this Act; or

11 (B) March 31, 1996.

12 (b) FINAL REGULATIONS.—Not later than 180 days

13 after the date of the enactment of this Act, the Secretary

14 shall issue regulations to implement the Agricultural Con15 servation Assistance Program.

16 Subtitle B—Conforming

17 Amendments

18 SEC. 221. REPEAL OF GREAT PLAINS CONSERVATION PRO19 GRAM.

20 (a) REPEAL.—Section 16 of the Soil Conservation

21 and Domestic Allotment Act (16 U.S.C. 590p) is repealed.

22 (b) CONFORMING AMENDMENTS.—(1) Section

23 1271(c)(3)(C) of the Food, Agriculture, Conservation, and

24 Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C)) is amended

25 by striking ‘‘and the Agricultural Conservation Program
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1 established under section 16(b) of the Soil Conservation

2 and Domestic Allotment Act (16 U.S.C. 590p(b)),’’.

3 (2) Subparagraph (A) of section 1211(3) of the Food

4 Security Act of 1985 (16 U.S.C. 3811(3)) is amended to

5 read as follows:

6 ‘‘(A) a payment made pursuant to a con7 tract entered into under the Agricultural Con8 servation Assistance Program established under

9 section 202 of the Conservation Consolidation

10 and Regulatory Reform Act of 1995 or the

11 Water Quality Conservation Program estab12 lished under section 442 of such Act;’’.

13 (3) Subparagraph (A) of section 1221(a)(3) of the

14 Food Security Act of 1985 (16 U.S.C. 3821(a)(3)) is

15 amended to read as follows:

16 ‘‘(A) a payment made pursuant to a con17 tract entered into under the Agricultural Con18 servation Assistance Program established under

19 section 202 of the Conservation Consolidation

20 and Regulatory Reform Act of 1995 or the

21 Water Quality Conservation Program estab22 lished under section 442 of such Act;’’.

23 (4) The Agricultural Adjustment Act of 1938 is

24 amended—
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1 (A) in section 344(f)(8) (7 U.S.C. 1344(f)(8),

2 by striking ‘‘, Great Plains program,’’; and

3 (B) in section 377 (7 U.S.C. 1377), by striking

4 ‘‘or the Great Plains program’’.

5 SEC. 222. REPEAL OF CRITICAL LANDS RESOURCE CON6 SERVATION PROGRAM IN GREAT PLAINS

7 AREA.

8 Section 1511 of the Food and Agriculture Act of

9 1977 (16 U.S.C. 590q–3) is repealed.

10 SEC. 223. REPEAL OF AGRICULTURAL CONSERVATION PRO11 GRAM.

12 (a) REPEAL.—The Soil Conservation and Domestic

13 Allotment Act (16 U.S.C. 590a et seq.) is repealed, except

14 for sections 1, 2, 8(b)(5) and 17(b) of such Act (16 U.S.C.

15 590a, 590b, 590h(b)(5), and 590q(b)).

16 (b) CONFORMING AMENDMENTS.—(1) Section 22(a)

17 of the Agricultural Adjustment Act (7 U.S.C. 624(a)), re18 enacted with amendments by the Agricultural Marketing

19 Agreement Act of 1937, is amended by striking ‘‘or the

20 Soil Conservation and Domestic Allotment Act, as amend21 ed,’’.

22 (2) The Agricultural Adjustment Act of 1938 is

23 amended—

24 (A) by striking section 2 (7 U.S.C. 1282);
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1 (B) in section 202 (7 U.S.C. 1292), by striking

2 ‘‘, or section 15 of the Soil Conservation and Do3 mestic Allotment Act, as amended,’’ in subsections

4 (d) and (f);

5 (C) in section 364 (7 U.S.C. 1364), by striking

6 ‘‘committee utilized for the purposes of the Soil Con7 servation and Domestic Allotment Act, as amended’’

8 and inserting ‘‘committees established under section

9 8(b) of the Soil Conservation and Domestic Allot10 ment Act’’;

11 (D) in section 385 (7 U.S.C. 1385), by striking

12 ‘‘Soil Conservation Act payment’’ and inserting

13 ‘‘payment made under the Agricultural Conservation

14 Assistance Program established under section 202 of

15 the Conservation Consolidation and Regulatory Re16 form Act of 1995’’;

17 (E) in section 388 (7 U.S.C. 1388)—

18 (i) by striking subsection (a) and inserting

19 the following new subsection:

20 ‘‘(a) Section 8(b) of the Soil Conservation and Do21 mestic Allotment Act, relating to the utilization of State,

22 county, area, and local committees, the extension service,

23 and other approved agencies, and to recognition and en24 couragement of cooperative associations, shall apply in the

25 administration of this Act. The Secretary shall, for such
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1 purposes, utilize the same local, area, county, and State

2 committees as are established under such section. The

3 local administrative areas designated under such section

4 for the administration of programs under that Act and

5 the local administrative areas designated for the adminis6 tration of this Act shall be the same.’’; and

7 (ii) in subsection (b), by striking ‘‘the Soil

8 Conservation Act payments,’’;

9 (F) in section 390 (7 U.S.C. 1390), by striking

10 ‘‘, and the provisions of the Soil Conservation and

11 Domestic Allotment Act, as amended,’’;

12 (G) in section 391 (7 U.S.C. 1391)—

13 (i) in subsection (a), by striking ‘‘, in addi14 tion to any amount made available pursuant to

15 section 15 of the Soil Conservation and Domes16 tic Allotment Act, as amended’’;

17 (ii) in the first sentence of subsection (c),

18 by striking ‘‘and to make advances pursuant to

19 the applicable provisions of sections 8 and 12 of

20 the Soil Conservation and Domestic Allotment

21 Act, as amended,’’; and

22 (iii) by striking the second sentence of sub23 section (c); and

24 (H) in section 392 (7 U.S.C. 1392), by striking

25 ‘‘and sections 7 to 17, inclusive, of the Soil Con-
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1 servation and Domestic Allotment Act, as amended,’’

2 both places it appears and inserting ‘‘section 8(b) of

3 the Soil Conservation and Domestic Allotment Act’’.

4 (3) Section 6(b) of the Department of Agriculture

5 Organic Act of 1956 (16 U.S.C. 590h–4) is repealed.

6 (4) Section 2 of the Act of December 20, 1944 (12

7 U.S.C. 1150a) is amended by striking ‘‘sections 7 to 17

8 of the Soil Conservation and Domestic Allotment Act;’’.

9 SEC. 224. REPEAL OF COLORADO RIVER BASIN SALINITY

10 CONTROL PROGRAM.

11 Section 202 of the Colorado River Basin Salinity

12 Control Act (43 U.S.C. 1592) is amended by striking sub13 section (c).

14 SEC. 225. REPEAL OF RURAL ENVIRONMENTAL CONSERVA15 TION PROGRAM.

16 Title X of the Agricultural Act of 1970 (16 U.S.C.

17 1501 et seq.) is repealed.

18 SEC. 226. REPEAL OF WATER QUALITY INCENTIVE

19 PROJECTS.

20 (a) REPEAL.—Chapter 2 of subtitle D of title XII

21 of the Food Security Act of 1985 (16 U.S.C. 3838–

22 3838F) is repealed.

23 (b) CONFORMING AMENDMENTS.—Such title is fur24 ther amended—
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1 (1) in section 1211(3) (16 U.S.C. 3811(3)), by

2 striking subparagraph (D);

3 (2) in section 1221(a)(3) (16 U.S.C.

4 3821(a)(3)), by striking subparagraph (D);

5 (3) in section 1231(b)(4)(A) (16 U.S.C.

6 3831(b)(4)(A)), by striking ‘‘the water quality incen7 tives program established under chapter 2’’ and in8 serting ‘‘a contract entered into under the Agricul9 tural Conservation Assistance Program established

10 under section 202 of the Conservation Consolidation

11 and Regulatory Reform Act of 1995’’; and

12 (4) in section 1245 (16 U.S.C. 3845)—

13 (A) in subsection (a), by striking ‘‘chapters

14 1 and 2 of subtitle D.’’ and the second sentence

15 and inserting ‘‘chapter 1 of subtitle D.’’; and

16 (B) in subsection (b), by striking ‘‘chapters

17 1 and 2 of subtitle D’’ and inserting ‘‘chapter

18 1 of subtitle D’’.

19 SEC. 227. REPEAL OF CONTROL OF WEEDS AND PESTS PRO20 GRAM.

21 Section 1247 of the Food Security Act of 1985 (16

22 U.S.C. 3847) is repealed.

23 SEC. 228. REPEAL OF TREE PLANTING INITIATIVE.

24 Section 1256 of the Food Security Act of 1985 (Pub25 lic Law 99–198; 16 U.S.C. 2101 note) is repealed.
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1 SEC. 229. REPEAL OF INTEGRATED FARM MANAGEMENT

2 PROGRAM OPTION.

3 Section 1451 of the Food, Agriculture, Conservation,

4 and Trade Act of 1990 (7 U.S.C. 5822) is repealed.

5 SEC. 230. REPEAL OF SPECIAL AREAS CONSERVATION PRO6 GRAM AND RESERVOIR SEDIMENTATION

7 PROGRAM.

8 Subtitles A, B, and F and section 1552 of title XV

9 of the Agriculture and Food Act of 1981 (16 U.S.C.

10 3401–3420, 3441–3445, 3471) are repealed.

11 SEC. 231. REPEAL OF SMALL WATERSHED EASEMENT PUR12 CHASE AUTHORITY.

13 Section 3A of the Watershed Protection and Flood

14 Prevention Act (16 U.S.C. 1003a) is repealed.

15 SEC. 232. REPEAL OF FINANCIAL ASSISTANCE PROGRAMS

16 UNDER COOPERATIVE FORESTRY ASSIST17 ANCE ACT OF 1978.

18 (a) REPEALS.—Sections 4, 5, 6, and 7 of the Cooper19 ative Forestry Assistance Act of 1978 (16 U.S.C. 2103–

20 2103c) are repealed.

21 (b) CONFORMING AMENDMENTS.—The Cooperative

22 Forestry Assistance Act of 1978 is further amended—

23 (1) in section 12(a) (16 U.S.C. 2108(a)), by

24 striking ‘‘money appropriated under section 4 of this

25 Act or’’; and
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1 (2) in section 19(b)(2) (16 U.S.C.

2 2113(b)(2))—

3 (A) by inserting ‘‘and’’ after the semicolon

4 in subparagraph (B);

5 (B) by striking ‘‘; and’’ at the end of sub6 paragraph (C) and inserting a period; and

7 (C) by striking subparagraph (D).

8 SEC. 233. REPEAL OF WATER BANK ACT.

9 The Water Bank Act (16 U.S.C. 1301–1311) is re10 pealed.

11 SEC. 234. EFFECT OF REPEALS.

12 The amendments made by this subtitle shall not af13 fect the validity of any contract or agreement, or the terms

14 and conditions of such a contract or agreement, entered

15 into before the date of the enactment of this subtitle under

16 a provision of law repealed by this subtitle.

17 TITLE III—WATER QUALITY CON18 SERVATION PROGRAM FOR

19 LIVESTOCK OPERATIONS

20 SEC. 301. PURPOSE OF TITLE AND DEFINITIONS.

21 (a) PURPOSE.—It is the purpose of this title to estab22 lish a program under section 302 that, in a manner maxi23 mizing environmental benefits per dollar expended, pro24 vides to the owners and operators of livestock operations—
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1 (1) flexible technical and financial assistance to

2 address the most serious threats to water quality;

3 (2) assistance in complying with title XII of the

4 Food Security Act of 1985 (16 U.S.C. 3801 et seq.)

5 and Federal and State environmental laws, and to

6 encourage environmental enhancement; and

7 (3) a consolidated and simplified conservation

8 planning process to reduce administrative burdens

9 on the owners and operators of livestock operations.

10 (b) DEFINITIONS.—For purposes of this title:

11 (1) LIVESTOCK WATER QUALITY CONSERVATION

12 PROGRAM.—The term ‘‘Livestock Water Quality

13 Conservation Program’’ means the program estab14 lished under section 302 to provide technical and fi15 nancial assistance to the owners and operators of

16 livestock operations to protect or improve water

17 quality and enhance environmental protection.

18 (2) LIVESTOCK.—The term ‘‘livestock’’ means

19 dairy or beef cattle, laying hens, broilers, turkeys,

20 swine, sheep, lambs, and such other animals as the

21 Secretary of Agriculture considers appropriate.

22 (3) LIVESTOCK OPERATION.—The term ‘‘live23 stock operation’’ means a farm, ranch, or other fa24 cility used for the purpose of livestock production.
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Agriculture.

3 (5) STRUCTURAL PRACTICE.—The term ‘‘struc4 tural practice’’ means the establishment of an ani5 mal waste management facility, terrace, grassed wa6 terway, contour grass strip, filterstrip, permanent

7 wildlife habitat, or other activity that the Secretary

8 determines improves or protects water quality in a

9 cost effective manner.

10 SEC. 302. PROVISION OF TECHNICAL AND FINANCIAL AS11 SISTANCE FOR WATER QUALITY CONSERVA12 TION FOR LIVESTOCK OPERATIONS.

13 (a) LIVESTOCK WATER QUALITY CONSERVATION

14 PROGRAM.—During fiscal years 1996 through 2002, the

15 Secretary of Agriculture shall carry out a program, to be

16 known as the ‘‘Livestock Water Quality Conservation Pro17 gram’’, to provide technical and financial assistance to the

18 owners and operators of livestock operations who request

19 such assistance to plan, develop, and implement structural

20 practices in connection with such livestock operations in21 tended to protect or improve water quality and enhance

22 environmental protection.

23 (b) CONTRACTS.—Subject to subsection (e), the Sec24 retary shall provide assistance under the Livestock Water

25 Quality Conservation Program on the basis of a contract
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1 between the Secretary and an owner or operator of a live2 stock operation. The Secretary may not enter into a con3 tract with an operator who is not also owner of the live4 stock operation unless the actual owner concurs in the

5 contract. To be eligible to enter into a contract, the owner

6 or operator must have an approved water quality plan

7 under section 305.

8 (c) TYPES OF ASSISTANCE.—Under a contract en9 tered into under subsection (b), the Secretary may provide

10 the owner or operator of a livestock operation who imple11 ments a structural practice with technical assistance and

12 cost-sharing payments.

13 (d) APPLICATION AND TERM.—A contract entered

14 into under subsection (b) may apply to one or more struc15 tural practices. The contract shall have a term of not less

16 than five, nor more than 10, years, as determined appro17 priate by the Secretary, depending on the structural prac18 tice or practices that are the basis of the contract.

19 (e) CONTRACTING PROCESS.—

20 (1) APPROVAL OF COUNTY OR AREA COMMIT21 TEE.—Each contract under subsection (b) shall be

22 subject to the approval of the county or area com23 mittee established under section 8(b)(5) of the Soil

24 Conservation and Domestic Allotment Act (16

25 U.S.C. 590h(b)) for the county or area within which
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1 the livestock operation subject to the contract is lo2 cated.

3 (2) COMPETITIVE OFFER FOR STRUCTURAL

4 PRACTICES.—The Secretary shall administer a com5 petitive offer system for owners and operators of

6 livestock operations proposing to receive cost-sharing

7 payments in exchange for the implementation of one

8 or more structural practices. The competitive offer

9 system shall consist of—

10 (A) the submission of a competitive offer

11 by the owner or operator in such manner as the

12 Secretary may prescribe; and

13 (B) evaluation of the offer in light of the

14 priorities established in section 304 and the

15 projected cost of the structural practice, as de16 termined by the Secretary.

17 (f) OWNER AND OPERATOR RESPONSIBILITIES.—

18 Under the terms of a contract under the Livestock Water

19 Quality Conservation Program, the owner or operator en20 tering into the contract shall agree to actively comply with

21 the terms and conditions of the water quality plan, as ap22 proved by the Secretary under section 305.

23 SEC. 303. ASSISTANCE UNDER CONTRACT.

24 (a) COST-SHARING PAYMENTS.—The Federal share

25 of cost-sharing payments under a contract under the Live-
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1 stock Water Quality Conservation Program to implement

2 one or more structural practices shall not exceed 50 per3 cent of the total cost of the practice or practices, as deter4 mined by the Secretary of Agriculture. The Secretary may

5 further reduce the Federal share on account of payments

6 received by the owner or operator from a State or local

7 government for the same structural practice.

8 (b) EFFECT OF OTHER PAYMENTS.—An owner or

9 operator of a livestock operation shall not be eligible for

10 cost-sharing payments for structural practices under the

11 Livestock Water Quality Conservation Program if the

12 owner or operator receives cost-sharing payments or other

13 benefits for land covered by the livestock operation under

14 subtitle D of title XII of the Food Security Act of 1985

15 (16 U.S.C. 3830 et seq.).

16 (c) TECHNICAL ASSISTANCE.—

17 (1) FUNDING.—The Secretary shall allocate

18 funding under this title for the provision of technical

19 assistance according to the purpose and projected

20 cost for which the technical assistance is provided in

21 a fiscal year. The allocated amount may vary accord22 ing to the type of expertise required, quantity of

23 time involved, and other factors as determined ap24 propriate by the Secretary. Funding shall not exceed
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1 the projected cost to the Secretary of the technical

2 assistance provided in a fiscal year.

3 (2) OTHER AUTHORITIES.—The receipt of tech4 nical assistance under this title shall not affect the

5 eligibility of an owner or operator of a livestock op6 eration to receive technical assistance under other

7 authorities of law available to the Secretary.

8 (d) NON-FEDERAL ASSISTANCE.—

9 (1) IN GENERAL.—The Secretary may request

10 the services of a State water quality agency, State

11 fish and wildlife agency, State forestry agency, or

12 any other governmental or private resource consid13 ered appropriate to assist in providing the technical

14 assistance necessary for the development and imple15 mentation of a structural practice.

16 (2) LIMITATION ON LIABILITY.—No person

17 shall be permitted to bring or pursue any claim or

18 action against any official or entity based on or re19 sulting from any technical assistance provided under

20 this title to assist in complying with a Federal or

21 State environmental law.

22 (e) LIMITATIONS ON PAYMENTS.—The total amount

23 of cost-sharing payments made to a person under the

24 Livestock Water Quality Conservation Program may not

25 exceed—
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1 (1) $10,000 for any fiscal year; or

2 (2) $50,000 for any multiyear contract.

3 (f) TREATMENT OF PAYMENTS.—Payments under

4 the Livestock Water Quality Conservation Program shall

5 be treated in the same manner as payments made under

6 the agricultural conservation program authorized by the

7 Soil Conservation and Domestic Allotment Act (16 U.S.C.

8 590a et seq.), as in effect on the day before the date of

9 the enactment of this Act.

10 SEC. 304. PRIORITIES IN EVALUATION OF CONTRACT OF11 FERS.

12 (a) REGIONAL PRIORITIES.—The Secretary of Agri13 culture shall provide assistance under the Livestock Water

14 Quality Conservation Program to owners and operators of

15 livestock operations in a region, watershed, or conserva16 tion priority area based on the significance of the water

17 quality needs in the region, watershed, or area, and the

18 structural practices that best address the needs, as deter19 mined by the Secretary.

20 (b) MAXIMIZATION OF ENVIRONMENTAL BENE21 FITS.—

22 (1) IN GENERAL.—In providing assistance

23 under the Livestock Water Quality Conservation

24 Program, the Secretary shall accord a higher prior-
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1 ity to assistance and payments that maximize envi2 ronmental benefits per dollar expended.

3 (2) NATIONAL AND REGIONAL PRIORITY.—The

4 prioritization under paragraph (1) shall be done na5 tionally as well as within the conservation priority

6 area, region, or watershed in which a livestock oper7 ation is located.

8 (3) CRITERIA.—To carry out this subsection,

9 the Secretary shall establish criteria for implement10 ing structural practices that best achieve water qual11 ity conservation goals for a region, watershed, or

12 conservation priority area, as determined by the Sec13 retary.

14 (c) STATE OR LOCAL CONTRIBUTIONS.—The Sec15 retary shall accord a higher priority to owners or operators

16 of livestock operations located within watersheds, regions,

17 or conservation priority areas in which State or local gov18 ernments have provided, or will provide, financial or tech19 nical assistance for the same conservation or environ20 mental purposes.

21 (d) PRIORITY LANDS.—The Secretary shall accord a

22 higher priority to structural practices for lands on which

23 livestock production has been determined to contribute to,

24 or create, the potential for failure to meet applicable water
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1 quality standards or other environmental objectives of a

2 Federal or State law.

3 SEC. 305. WATER QUALITY PLANS.

4 (a) WATER QUALITY PLAN REQUIRED.—To be eligi5 ble to enter into a contract under the Livestock Water

6 Quality Conservation Program, an owner or operator of

7 a livestock operation must prepare and submit to the Sec8 retary of Agriculture for approval a plan of livestock oper9 ations that incorporates such water quality conservation

10 practices and principles as may be determined by the Sec11 retary to be practicable to achieve the purposes for which

12 the assistance is provided and outlines a schedule of pro13 posed changes in land use to be carried out during the

14 contract period. At the option of the owner or operator,

15 the owner or operator may rely on a conservation plan

16 developed pursuant to section 1212 of the Food Security

17 Act of 1985 (16 U.S.C. 3812) or any other conservation

18 or natural resource plan required for participation in any

19 program within the jurisdiction of the Secretary so long

20 as the plan is approved by the Secretary for purposes of

21 the Livestock Water Quality Conservation Program.

22 (b) CONSULTATION.—In considering a water quality

23 plan for approval, the Secretary shall consult with the

24 Natural Resources Conservation Service and the local soil

25 and water conservation district.
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1 (c) REQUIREMENTS OF PLAN.—To be approved by

2 the Secretary, a water quality plan must be approved by

3 the appropriate county or area committee as containing

4 sufficient details regarding the livestock operation and the

5 structural practices to be implemented or used by the

6 landowner to advance the purposes for which assistance

7 is to be provided.

8 SEC. 306. MODIFICATION AND TERMINATION OF CON9 TRACTS.

10 (a) TERMINATION FOR VIOLATION.—The Secretary

11 of Agriculture may terminate a contract entered into with

12 an owner or operator of a livestock operation under the

13 Livestock Water Quality Conservation Program if the

14 owner or operator violates the terms and conditions of the

15 contract.

16 (b) VOLUNTARY MODIFICATION OR TERMINATION.—

17 The Secretary may modify or terminate a contract entered

18 into with a owner or operator under the Livestock Water

19 Quality Conservation Program if—

20 (1) the owner or operator agrees to the modi21 fication or termination; and

22 (2) the Secretary determines that the modifica23 tion or termination is in the public interest.

24 (c) REPAYMENT.—On the violation of a term or con25 dition of the contract under the Livestock Water Quality
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1 Conservation Program at any time by the owner or opera2 tor of a livestock operation, the owner or operator shall

3 refund any financial assistance received under section 304

4 and forfeit any future payments under the contract. On

5 the transfer of the right and interest of an owner in land

6 subject to the contract, the owner shall refund all financial

7 assistance received by the owner under the contract unless

8 the transferee of the right and interest agrees to assume

9 all obligations of the owner under the contract.

10 SEC. 307. USE OF FUNDS OF COMMODITY CREDIT COR11 PORATION.

12 (a) AVAILABILITY OF FUNDS.—Notwithstanding any

13 other law, the Secretary of Agriculture shall allocate

14 $380,000,000 of the funds of the Commodity Credit Cor15 poration for the seven-fiscal year period beginning on Oc16 tober 1, 1995, to carry out the Livestock Water Quality

17 Conservation Program.

18 (b) PRORATION OF PAYMENTS.—If for any fiscal

19 year the Secretary has incurred total contractual obliga20 tions to make payments under the Livestock Water Qual21 ity Conservation Program that would exceed the amount

22 specified in subsection (a), the Secretary shall prorate all

23 payments owed under the program for that fiscal year to

24 ensure that actual payments for the fiscal year do not ex25 ceed that amount.
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1 SEC. 308. REGULATIONS.

2 Not later than 180 days after the date of the enact3 ment of this Act, the Secretary of Agriculture shall issue

4 regulations to implement the Livestock Water Quality

5 Conservation Program.

6 TITLE IV—HIGHLY ERODIBLE

7 CROPLAND CONSERVATION

8 SEC. 401. DEFINITIONS APPLICABLE TO HIGHLY ERODIBLE

9 CROPLAND CONSERVATION.

10 (a) CONSERVATION PLAN AND CONSERVATION SYS11 TEM.—Section 1201(a) of the Food Security Act of 1985

12 (16 U.S.C. 3801(a)) is amended—

13 (1) by redesignating paragraphs (2) through

14 (16) as paragraphs (4) through (18), respectively;

15 and

16 (2) by inserting after paragraph (1) the follow17 ing new paragraphs:

18 ‘‘(2) CONSERVATION PLAN.—The term ‘con19 servation plan’ means the document that—

20 ‘‘(A) applies to highly erodible cropland;

21 ‘‘(B) implements the conservation system

22 applicable to such highly erodible cropland and

23 contains the decisions of the person with re24 spect to location, land use, tillage systems, and

25 conservation treatment measures and schedule;

26 and
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1 ‘‘(C) is approved by the local soil conserva2 tion district, in consultation with the local com3 mittees established under section 8(b) of the

4 Soil Conservation and Domestic Allotment Act

5 (16 U.S.C. 590h(b)) and the Secretary, or by

6 the Secretary.

7 ‘‘(3) CONSERVATION SYSTEM.—The term ‘con8 servation system’ means a combination of one or

9 more conservation measures or management prac10 tices that—

11 ‘‘(A) are based upon local resource condi12 tions, available conservation technology, and the

13 standards and guidelines contained in the Soil

14 Conservation Service field office technical

15 guides; and

16 ‘‘(B) are designed to achieve, in a cost ef17 fective and technically practicable manner, a

18 substantial reduction in soil erosion or a sub19 stantial improvement in soil conditions on a

20 field or group of fields containing highly erod21 ible cropland when compared to the level of ero22 sion or soil conditions that existed before the

23 application of the conservation measures and

24 management practices.’’.
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1 (b) FIELD.—Paragraph (7) of such section, as redes2 ignated by subsection (a)(1), is amended to read as fol3 lows:

4 ‘‘(7) FIELD.—The term ‘field’ means a part of

5 a farm which is separated from the balance of the

6 farm by permanent boundaries such as fences,

7 roads, permanent waterways, or other similar fea8 tures. At the option of the owner or operator of the

9 farm, croplines may also be used to delineate a field

10 if farming practices make it probable that such

11 croplines are not subject to change. Any highly erod12 ible land on which an agricultural commodity is pro13 duced after December 23, 1985, and that is not ex14 empt under section 1212 shall be considered as part

15 of the field in which such land was included on De16 cember 23, 1985, unless the Secretary permits modi17 fication of the boundaries of the field to carry out

18 subtitles A through E.’’.

19 (c) HIGHLY ERODIBLE LAND.—Paragraph (9) of

20 such section, as redesignated by subsection (a)(1), is

21 amended by adding at the end the following new subpara22 graph:

23 ‘‘(C) Not later than 60 days after the date of

24 the enactment of this subparagraph, the Secretary

25 shall publish in the Federal Register the universal
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1 soil loss equation and wind erosion equation used by

2 the Department of Agriculture as of that date. The

3 Secretary may not change such equations after that

4 date except following notice and comment in a man5 ner consistent with section 553 of title 5, United

6 States Code.’’.

7 (d) CONFORMING AMENDMENTS.—Section 1212 of

8 such Act (16 U.S.C. 3812) is amended—

9 (1) in subsection (a)(2), by striking ‘‘that docu10 ments the decisions of the person with respect to lo11 cation, land use, tillage systems, and conservation

12 treatment measures and schedule and that is based

13 on the local Soil Conservation Service technical

14 guide and approved by the local soil conservation

15 district, in consultation with the local committees es16 tablished under section 8(b) of the Soil Conservation

17 and Domestic Allotment Act (16 U.S.C. 590h(b))

18 and the Secretary, or by the Secretary’’;

19 (2) in subsection (c)(3), by striking ‘‘based on

20 the local Soil Conservation Service technical guide

21 and approved by the local soil conservation district,

22 in consultation with the local committees established

23 under section 8(b) of the Soil Conservation and Do24 mestic Allotment Act (16 U.S.C. 590h(b)) and the

25 Secretary’’;
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1 (3) in subsection (e)(1)(A), by striking ‘‘con2 servation compliance plan’’ and inserting ‘‘conserva3 tion plan’’;

4 (4) in subsection (f)(1), by striking ‘‘that docu5 ments the decisions of such person with respect to

6 location, land use, tillage systems, and conservation

7 treatment measures and schedules prepared under

8 subsection (a)’’;

9 (5) in subsection (f)(3), by striking ‘‘prepared

10 under subsection (a)’’; and

11 (6) in subsection (f)(4), by striking ‘‘that docu12 ments the decisions of such person with respect to

13 location, land use, tillage systems, and conservation

14 treatment measures and schedules prepared under

15 subsection (a)’’.

16 SEC. 402. DEVELOPMENT AND IMPLEMENTATION OF CON17 SERVATION PLANS AND CONSERVATION SYS18 TEMS.

19 (a) DEVELOPMENT AND IMPLEMENTATION.—The

20 Food Security Act of 1985 is amended—

21 (1) by redesignating section 1213 (16 U.S.C.

22 3813) as section 1214; and

23 (2) by inserting after section 1212 (16 U.S.C.

24 3812) the following new section:
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1 ‘‘SEC. 1213. DEVELOPMENT AND IMPLEMENTATION OF CON2 SERVATION PLANS AND CONSERVATION SYS3 TEMS.

4 ‘‘(a) TECHNICAL REQUIREMENTS.—In connection

5 with the standards and guidelines contained in Soil Con6 servation Service field office technical guides applicable to

7 the development and use of conservation measures and

8 management practices as part of a conservation system,

9 the Secretary shall ensure that such standards and guide10 lines permit a person to use a conservation system that—

11 ‘‘(1) is technically and economically feasible;

12 ‘‘(2) is based on local resource conditions and

13 available conservation technology;

14 ‘‘(3) is cost-effective; and

15 ‘‘(4) does not cause undue economic hardship

16 on the person applying the conservation system

17 under the person’s conservation plan.

18 ‘‘(b) MEASUREMENT OF EROSION REDUCTION.—For

19 the purpose of determining whether there is a substantial

20 reduction in soil erosion on a field containing highly erod21 ible cropland, the measurement of erosion reduction

22 achieved by the application of a conservation system under

23 a person’s conservation plan shall be based upon the level

24 of erosion at the time of the measurement compared to

25 the level of erosion that existed before the implementation
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1 of the conservation measures and management practices

2 provided for in the conservation system.

3 ‘‘(c) RESIDUE MEASUREMENT.—

4 ‘‘(1) RESPONSIBILITIES OF THE SECRETARY.—

5 For the purpose of measuring the level of residue on

6 a field, the Secretary shall—

7 ‘‘(A) take into account any residue incor8 porated into the top two inches of soil, as well

9 as the growing crop, in such measurement; and

10 ‘‘(B) provide for the acceptance and use of

11 information and data voluntarily provided by

12 the producer regarding the field.

13 ‘‘(2) ACCEPTANCE OF PRODUCER MEASURE14 MENTS.—Annual residue measurements supplied by

15 a producer, and certified by a third person approved

16 by the Secretary, shall be used by the Secretary if

17 such measurements indicate that, on the basis of a

18 5-year average, the residue level for the field meets

19 the level required in the conservation plan.

20 ‘‘(d) CERTIFICATION OF COMPLIANCE.—

21 ‘‘(1) IN GENERAL.—For the purpose of deter22 mining the eligibility of a person for program bene23 fits specified in section 1211, the person may certify

24 that the person is complying with the person’s con25 servation plan if that person is actively applying the
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1 conservation plan at the time application is made for

2 such benefits.

3 ‘‘(2) STATUS REVIEWS.—If a person makes a

4 certification under paragraph (1), the Secretary

5 shall not be required to carry out a review of the

6 status of compliance of the person with the con7 servation plan under which such conservation system

8 is being applied.

9 ‘‘(3) REVISIONS AND MODIFICATIONS.—The

10 Secretary shall permit a person who makes a certifi11 cation under paragraph (1) with respect to a con12 servation plan to revise the conservation plan in any

13 manner, so long as the same level of conservation

14 treatment provided for by the conservation system

15 under the person’s conservation plan is maintained.

16 The Secretary may revise the person’s conservation

17 plan with the concurrence of the person.

18 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall

19 provide technical assistance to a person throughout the de20 velopment, revision, and application of a person’s con21 servation plan and conservation system. At the request of

22 the person, the Secretary may provide technical assistance

23 regarding conservation measures and management prac24 tices for other lands of the person that do not contain

25 highly erodible cropland.
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1 ‘‘(f) ENCOURAGEMENT OF ON-FARM RESEARCH.—In

2 order to encourage on-farm conservation research, the

3 Secretary shall allow a person to include in the person’s

4 conservation plan or a conservation system under the plan,

5 on a field trial basis, practices that are not currently ap6 proved but that the Secretary considers have a reasonable

7 likelihood of success.’’.

8 (b) TREATMENT OF TECHNICAL DETERMINA9 TIONS.—Section 226(d)(1) of the Department of Agri10 culture Reorganization Act of 1994 (7 U.S.C. 6932(d)(1))

11 is amended by adding at the end the following new sen12 tence: ‘‘In the case of a technical determination of the Soil

13 Conservation Service regarding use of a conservation sys14 tem under subtitle B of title XII of the Food Security

15 Act of 1985 (16 U.S.C. 3811 et seq.), the Consolidated

16 Farm Services Agency may overrule the determination if

17 the Agency determines that strict application of the deter18 mination causes undue economic hardship on the person

19 using the conservation system.’’.

20 (c) PROVISION OF TECHNICAL ASSISTANCE BY

21 OTHER SOURCES.—Section 1243 of the Food Security Act

22 for 1985 (16 U.S.C. 3843) is amended by adding at the

23 end the following new subsection:

24 ‘‘(g) The Secretary shall permit persons to secure

25 technical assistance from sources other than the Soil Con-
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1 servation Service in the preparation and application of a

2 conservation compliance plan under subtitle B or similar

3 plan required as a condition for assistance from the De4 partment of Agriculture. If the Secretary rejects a tech5 nical determination made by a source other than the Soil

6 Conservation Service, the basis of Secretary’s determina7 tion must be supported by clear and convincing evidence.’’.

8 SEC. 403. EXPEDITED PROCEDURES FOR GRANTING

9 VARIANCES FROM CONSERVATION PLANS.

10 Section 1212(f) of the Food Security Act of 1985 (16

11 U.S.C. 3812(f)(4)) is amended—

12 (1) in paragraph (4)(C), by striking ‘‘problem’’

13 and inserting ‘‘problem, including pest and disease

14 problems’’; and

15 (2) by adding at the end the following new

16 paragraph:

17 ‘‘(5) After consultation with local conservation

18 districts, the Secretary shall establish expedited pro19 cedures for the consideration and granting of tem20 porary variances under paragraph (4)(C). If the re21 quest for a temporary variance under such para22 graph involves the use of practices or measures to

23 control pests or disease problems, the Secretary shall

24 make a decision on whether to grant the variance

25 within 30 days of receiving the request. If the Sec-
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1 retary fails to render a decision within that time pe2 riod, the temporary variance shall be deemed to have

3 been granted.’’.

4 SEC. 404. GOOD FAITH EXEMPTION.

5 (a) GRACE PERIOD TO RESUME CONSERVATION

6 COMPLIANCE.—Paragraph (1) of section 1212(f) of the

7 Food Security Act of 1985 (16 U.S.C. 3812(f)) is amend8 ed—

9 (1) by striking ‘‘Except to the extent provided

10 in paragraph (2), no’’ and inserting ‘‘No’’; and

11 (2) by striking ‘‘such person has—’’ and all

12 that follows through the period at the end of sub13 paragraph (B) and inserting the following: ‘‘such

14 person has acted in good faith and without the in15 tent to violate the provisions of this subtitle. A per16 son who meets the requirements of this paragraph

17 shall be allowed a period of one year in which to im18 plement the measures and practices necessary to be

19 considered to be actively applying the person’s con20 servation plan.’’.

21 (b) SPECIAL PENALTIES REGARDING CERTAIN

22 HIGHLY ERODIBLE CROPLAND.—Paragraph (2) of such

23 section is amended by striking ‘‘meets the requirements

24 of paragraph (1)’’ and inserting ‘‘with respect to highly

25 erodible cropland that was not in production prior to De-
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1 cember 23, 1985, has acted in good faith and without the

2 intent to violate such provisions’’.

3 (c) CONFORMING AMENDMENT.—Paragraph (4) of

4 such section is amended by striking the last sentence.

5 SEC. 405. APPLICATION OF PROGRAM INELIGIBILITY PEN6 ALTY.

7 (a) EXTENT OF INELIGIBILITY.—Section 1211 of the

8 Food Security Act of 1985 (16 U.S.C. 3812(f)) is amend9 ed—

10 (1) by striking the section heading and ‘‘SEC.

11 1211.’’ and inserting the following:

12 ‘‘SEC. 1211. PROGRAM INELIGIBILITY.

13 ‘‘(a) LIST OF PROGRAMS AND PAYMENTS.—’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(b) EXTENT OF PROGRAM INELIGIBILITY FOR

17 PRICE SUPPORT.—If a person is determined to be ineli18 gible for program benefits specified in subsection (a) as

19 a result of the failure of the person to actively apply or

20 comply with the person’s conservation plan, the extent of

21 the ineligibility of the person with respect to benefits speci22 fied in subsection (a)(1)(A) shall be limited to those bene23 fits that relate to agricultural commodities produced on

24 the field that is the basis for such ineligibility determina25 tion. In the case of egregious and repetitive violations by
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1 a person, the Secretary may expand the ineligibility of the

2 person for such benefits to include such benefits with re3 spect to agricultural commodities produced on fields other

4 than the field that is the basis for the ineligibility deter5 mination, as determined appropriate by the Secretary.’’.

6 (b) INAPPLICABILITY TO NONPAID ACRES.—Such

7 section is further amended by inserting after subsection

8 (b), as added by subsection (a)(2), the following new sub9 section:

10 ‘‘(c) INAPPLICABILITY TO NONPAID ACRES.—Not11 withstanding any other provision of this subtitle, no per12 son shall be ineligible for program benefits under sub13 section (a) as a result of the failure of the person to ac14 tively apply or comply with the person’s conservation plan

15 with respect to acreage that is not eligible for the type

16 of benefits listed under subsection (a)(1)(A).’’.

17 (c) REMOVAL OF INELIGIBILITY FOR CROP INSUR18 ANCE.—Subsection (a)(1) of such section, as designated

19 by subsection (a)(1) of this section, is amended—

20 (1) by striking subparagraph (C); and

21 (2) by redesignating subparagraphs (D) and

22 (E) as subparagraphs (C) and (D), respectively.

23 SEC. 406. CONSERVATION RESERVE LANDS.

24 Section 1212(a)(3) of the Food Security Act of 1985

25 (16 U.S.C. 3812(a)(3)) is amended by striking ‘‘shall, if
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1 the conservation plan established under this subtitle for

2 such land requires structures to be constructed,’’ and in3 serting ‘‘shall only be required to apply a conservation

4 plan established under this subtitle. The person shall not

5 be required to meet a higher conservation standard than

6 the standard applied to other highly erodible cropland lo7 cated within the same area. If the person’s conservation

8 plan requires structures to be constructed, the person

9 shall’’.

10 SEC. 407. INVESTIGATION OF POSSIBLE COMPLIANCE DEFI11 CIENCIES.

12 Subtitle B of title XII of the Food Security Act of

13 1985 is amended by adding at the end the following new

14 section:

15 ‘‘SEC. 1215. INVESTIGATION OF POSSIBLE COMPLIANCE DE16 FICIENCIES.

17 ‘‘(a) SPECIAL RULE DURING PROVISION OF ON-SITE

18 TECHNICAL ASSISTANCE.—Employees of the Department

19 of Agriculture who observe possible compliance defi20 ciencies or other potential violations of a conservation plan

21 or provision of this subtitle while providing on-site tech22 nical assistance shall provide to the responsible persons,

23 within 45 days, information regarding those actions need24 ed in order to come into compliance. The employees shall

25 provide this information in lieu of reporting the observa-
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1 tions as compliance violations. The person shall attempt

2 to correct such deficiencies as soon as practicable. If such

3 corrective action is not fully implemented within 1 year,

4 a review of the status of compliance of the person with

5 the conservation plan may then be conducted.

6 ‘‘(b) NOTICE OF POSSIBLE VIOLATIONS.—Any inter7 ested person (other than an employee of an agency of the

8 Department of Agriculture administering this Act) may

9 file, in accordance with rules prescribed by the Secretary,

10 a written notification of possible compliance deficiencies

11 or other potential violations of a conservation plan or pro12 vision of this subtitle. The identity of any person filing

13 a written notification under this subsection shall be con14 sidered to be confidential information. The identity of such

15 person, and any portion of the notification to the extent

16 that it would indicate the identity of such person, are spe17 cifically exempt from disclosure under section 552 of title

18 5, United States Code (commonly known as the Freedom

19 of Information Act), as provided in subsection (b)(3) of

20 such section. The Secretary may not accept anonymous

21 complaints or allegations.

22 ‘‘(c) INVESTIGATION OF NOTIFICATIONS.—

23 ‘‘(1) COMMENCING OR EXPANDING AN INVES24 TIGATION.—If there appears to be, in the opinion of

25 the Secretary, reasonable grounds for investigating a
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1 written notification made under subsection (b), the

2 Secretary may commence an investigation of the al3 leged violation of a conservation plan or provision of

4 this subtitle specified in the notification. In the

5 course of the investigation, if the Secretary deter6 mines that violations are indicated other than the al7 leged violations specified in the notification, the Sec8 retary may expand the investigation to include such

9 additional violations.

10 ‘‘(2) ISSUANCE OF COMPLAINT BY SECRETARY;

11 PROCESS.—In the opinion of the Secretary, if an in12 vestigation under this subsection substantiates the

13 existence of violations of a conservation plan or pro14 vision of this subtitle, the Secretary may cause a

15 complaint to be issued. The Secretary shall have the

16 complaint served by registered mail or certified mail

17 or otherwise on the person concerned and afford

18 such person an opportunity for a hearing on the

19 complaint.

20 ‘‘(d) NOTIFICATION REQUIREMENTS REGARDING

21 SUBJECT OF COMPLAINT.—Whenever the Secretary initi22 ates an investigation on the basis of a written notification

23 made under subsection (b) or expands such an investiga24 tion, the Secretary shall promptly notify the subject of the

25 investigation of the existence of the investigation and the
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1 nature of the alleged violations of this subtitle to be inves2 tigated. Not later than 180 days after providing the initial

3 notification, the Secretary shall provide the subject of the

4 investigation with notice of the status of the investigation,

5 including whether the Secretary intends to issue a com6 plaint under paragraph (2), terminate the investigation,

7 or continue or expand the investigation. The Secretary

8 shall provide additional status reports at the request of

9 the subject of the investigation and shall promptly notify

10 the subject of the investigation whenever the Secretary

11 terminates the investigation.’’.

12 SEC. 408. PRODUCER ADVISORY COMMITTEES.

13 Subtitle B of title XII of the Food Security Act of

14 1985 is amended by inserting after section 1215, as added

15 by section 407, the following new section:

16 ‘‘SEC. 1216. PRODUCER ADVISORY COMMITTEES.

17 ‘‘At the request of a committee established for a

18 county or an area under section 8(b) of the Soil Conserva19 tion and Domestic Allotment Act (16 U.S.C. 590h(b)), the

20 Secretary may establish a producer advisory committee in

21 such county or area for the purpose of consulting with

22 such county or area committee, conservation district

23 board, Soil Conservation Service field office, and State

24 conservationist in the development of reasonable and prac25 tical solutions to resource management goals and the es-
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1 tablishment of conservation systems, measures, and prac2 tices that meet the criteria set forth in section 1213(a).

3 The members of the producer advisory committee shall be

4 appointed by the Secretary from nominees submitted by

5 the county or area committee making the request.’’.

6 SEC. 409. EXPIRATION OF AUTHORITY.

7 Subtitle B of title XII of the Food Security Act of

8 1985 is amended by inserting after section 1216, as added

9 by section 408, the following new section:

10 ‘‘SEC. 1217. EXPIRATION OF SUBTITLE.

11 ‘‘The authorities and requirements contained in this

12 subtitle shall not apply after December 31, 2002, and any

13 program ineligibility in effect under section 1211 as of

14 that date shall expire on that date.’’.

15 TITLE V—ENVIRONMENTAL CON16 SERVATION ACREAGE RE17 SERVE PROGRAM

18 SEC. 501. REMOVAL OF AUTHORITY TO PURCHASE EASE19 MENTS TO ENROLL LANDS IN WETLAND RE20 SERVE PROGRAM.

21 (a) USE OF ENROLLMENT CONTRACTS IN LIEU OF

22 EASEMENTS.—Section 1237A of the Food Security Act of

23 1985 (16 U.S.C. 3837a) is amended to read as follows:
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1 ‘‘SEC. 1237A. WETLAND RESERVE CONTRACTS.

2 ‘‘(a) CONTRACT REQUIRED.—To be eligible to place

3 land into the wetland reserve under this subchapter, the

4 owner of such land shall enter into a contract with the

5 Secretary to implement a wetland conservation plan for

6 the restoration and protection of the functional wetland

7 values of the land placed in the wetland reserve.

8 ‘‘(b) TERMS OF WETLAND CONSERVATION PLAN.—

9 ‘‘(1) RESTORATION OF WETLAND VALUES.—

10 The wetland conservation plan for land placed into

11 the wetland reserve shall provide for the efficient

12 and effective restoration of the functional values of

13 wetlands.

14 ‘‘(2) PERMITTED ACTIVITIES.—The wetland

15 conservation plan for land placed into the wetland

16 reserve shall permit the following activities:

17 ‘‘(A) Repairs, improvements, and inspec18 tions on such land that are necessary to main19 tain existing public drainage systems if such

20 land is subsequently restored to the condition

21 required by the terms of the contract.

22 ‘‘(B) The landowner to control public ac23 cess on such land while identifying access

24 routes to be used for wetland restoration activi25 ties, management, and monitoring.
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1 ‘‘(3) PROHIBITIONS.—The wetland conservation

2 plan for land placed into the wetland reserve shall

3 prohibit the following activities:

4 ‘‘(A) The alteration of wildlife habitat and

5 other natural features of such land, unless spe6 cifically permitted by the plan.

7 ‘‘(B) The spraying of such land with

8 chemicals or the mowing of such land, except

9 where such spraying or mowing is permitted by

10 the plan or is necessary—

11 ‘‘(i) to comply with Federal or State

12 noxious weed control laws; or

13 ‘‘(ii) to comply with a Federal or

14 State emergency pest treatment program.

15 ‘‘(C) Any activities to be carried out on

16 such participating landowner’s or successor’s

17 land that is immediately adjacent to, and func18 tionally related to, the land that is placed in the

19 wetland reserve if such activities will alter, de20 grade, or otherwise diminish the functional

21 value of the eligible land.

22 ‘‘(D) The adoption of any other practice

23 that would tend to defeat the purposes of this

24 subchapter, as determined by the Secretary;
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1 ‘‘(4) ADDITIONAL PROVISIONS.—The Secretary

2 may require such additional provisions in a wetland

3 conservation plan as the Secretary determines are

4 desirable to carry out this subchapter or to facilitate

5 the practical administration of this subchapter.

6 ‘‘(c) DEVELOPMENT OF WETLAND CONSERVATION

7 PLAN.—The development of a wetland conservation plan

8 under this section shall be made through the local offices

9 of the Natural Resources Conservation Service.

10 ‘‘(d) DUTIES OF OWNERS AND OPERATORS.—Under

11 the terms of a contract entered into under this section,

12 the owner or operator of the land placed in the wetland

13 reserve shall agree to comply with the terms of the con14 tract and the wetland conservation plan and shall agree

15 to the retirement, during the term of the contract, of any

16 existing cropland base and allotment history for such land

17 under any program administered by the Secretary.

18 ‘‘(e) COMPATIBLE USES.—Wetland reserve program

19 lands may be used for compatible economic uses, including

20 such activities as hunting and fishing, managed timber

21 harvest, or periodic haying or grazing, if such use is spe22 cifically permitted by the wetland conservation plan and

23 consistent with the long-term protection and enhancement

24 of the functional wetland values of the land placed in the

25 wetland reserve.
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1 ‘‘(f) PERIOD OF CONTRACT.—The term of a contract

2 to place land into the wetland reserve under this sub3 chapter may not exceed 15 years.

4 ‘‘(g) PAYMENTS UNDER CONTRACT.—Payments

5 under a contract entered into under this section shall be

6 made annually during the term of the contract in such

7 an annual amount as is agreed to and specified in the con8 tract, but not to exceed the fair market rental value of

9 the land. Lands may be enrolled through the submission

10 of bids under a procedure established by the Secretary.

11 ‘‘(h) VIOLATION.—On the violation of the terms or

12 conditions of the contract or wetland conservation plan for

13 land placed in the wetland reserve under this subchapter,

14 the Secretary may require the owner to refund all or part

15 of any payments received by the owner under the contract,

16 together with interest thereon as determined appropriate

17 by the Secretary.’’.

18 (b) AMOUNT OF COST SHARE ASSISTANCE.—Sub19 section (b) of section 1237C of the Food Security Act of

20 1985 (16 U.S.C. 3837c) is amended to read as follows:

21 ‘‘(b) COST SHARE ASSISTANCE.—In making cost

22 share payments under subsection (a)(1), the Secretary

23 shall pay the owner an amount that is equal to 50 percent

24 of the cost of carrying out the conservation and wetland
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1 measures and practices for which the assistance is pro2 vided under such subsection.’’.

3 (c) CONFORMING AMENDMENTS REGARDING REF4 ERENCES TO EASEMENTS.—Subtitle D of title XII of the

5 Food Security Act of 1985 (16 U.S.C. 3830 et seq.) is

6 amended—

7 (1) in section 1230 (16 U.S.C. 3830)—

8 (A) in subsection (a), by striking ‘‘and the

9 acquisition of easements’’; and

10 (B) in subsection (b), by striking ‘‘and ac11 quire interests in lands through easements from

12 owners’’;

13 (2) in section 1235A(b)(2) (16 U.S.C.

14 3835a(b)(2)), by striking ‘‘an agreement to provide

15 the Secretary with a long-term or permanent ease16 ment’’ and inserting ‘‘a contract’’;

17 (3) in section 1237 (16 U.S.C. 3837)—

18 (A) in subsection (d), by striking para19 graphs (2) and (3) and inserting the following

20 new paragraphs:

21 ‘‘(2) other wetland of an owner that would not

22 otherwise be eligible if the Secretary determines that

23 the inclusion of such wetland in a contract under

24 section 1237 would significantly add to the func25 tional value of the wetland; and
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1 ‘‘(3) riparian areas that link wetlands that are

2 protected by contracts under such section.’’; and

3 (B) in subsection (g), by striking ‘‘pur4 chase of easements as provided for in ’’ and in5 serting ‘‘use of contracts under’’;

6 (4) by striking section 1237B (16 U.S.C.

7 3837b);

8 (5) in section 1237C (16 U.S.C. 3837c)—

9 (A) in subsection (a)—

10 (i) by striking ‘‘In return for the

11 granting of an easement by an owner

12 under this subchapter’’ and inserting

13 ‘‘Under a contract entered into by the Sec14 retary under section 1237A’’; and

15 (ii) in paragraph (2), by striking

16 ‘‘easement’’ and inserting ‘‘contract’’;

17 (B) in subsection (c), by striking ‘‘ease18 ment’’ both places it appears; and

19 (C) by striking subsection (d);

20 (6) in section 1237D (16 U.S.C. 3837d)—

21 (A) in subsection (a)(2), by striking ‘‘ease22 ment’’;

23 (B) in subsection (c)(1)—

24 (i) by striking ‘‘easement payments’’

25 and inserting ‘‘contract payments’’; and
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1 (ii) by striking ‘‘, except such limita2 tion shall not apply with respect to pay3 ments for perpetual easements’’; and

4 (C) in subsection (c)(3), by striking ‘‘Ease5 ment payments’’ and inserting ‘‘Contract pay6 ments’’;

7 (7) in section 1237E (16 U.S.C. 3837e)—

8 (A) in subsection (a), by striking ‘‘No

9 easement shall be created under this subchapter

10 on’’ and inserting ‘‘The Secretary may not

11 enter into a contract under section 1237A re12 garding’’;

13 (B) in subsection (b)(1), by striking ‘‘an

14 easement acquired from, or a related agreement

15 with,’’ and inserting ‘‘a contract entered into

16 with’’;

17 (C) in subsection (b)(2)(A), by striking

18 ‘‘an easement created’’ and inserting ‘‘a con19 tract entered into’’; and

20 (D) in subsection (b)(2)(B), by striking

21 ‘‘easements’’ and inserting ‘‘contracts’’; and

22 (8) in section 1237F(a) (16 U.S.C. 3837f(a))—

23 (A) by striking ‘‘EASEMENT’’ in the sub24 section heading; and
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1 (B) by striking ‘‘easement’’ and inserting

2 ‘‘contract’’.

3 SEC. 502. ELIMINATION OF CONSULTATION REQUIRE4 MENTS WITH SECRETARY OF THE INTERIOR.

5 (a) PRIOR TO ENROLLMENT OF LANDS.—Section

6 1237(c) of the Food Security Act of 1985 (16 U.S.C.

7 3837(c)) is amended by striking ‘‘, in consultation with

8 the Secretary of the Interior at the local level,’’.

9 (b) OTHER CONSULTATION REQUIREMENTS.—Sec10 tion 1242 of such Act (16 U.S.C. 3842) is amended—

11 (1) by striking ‘‘(a)’’ before ‘‘In carrying out’’;

12 and

13 (2) by striking subsection (b).

14 SEC. 503. REPEAL OF ENVIRONMENTAL EASEMENT PRO15 GRAM.

16 (a) REPEAL.—Chapter 3 of subtitle D of title XII

17 of the Food Security Act (16 U.S.C. 3839–3839d) is re18 pealed.

19 (b) CONFORMING AMENDMENTS.—(1) Such title is

20 further amended—

21 (A) in section 1211(3) (16 U.S.C. 3811(3)), by

22 striking subparagraph (E);

23 (B) in section 1221(a)(3) (16 U.S.C.

24 3821(a)(3)), by striking subparagraph (E); and

25 (C) in section 1243(f) (16 U.S.C. 3843(f))—
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1 (i) in paragraph (1), by striking ‘‘ and the

2 Environmental Easement Program under chap3 ter 3, and not more than 10 percent of such

4 cropland may be subject to an easement ac5 quired under those chapters’’; and

6 (ii) by striking paragraph (2).

7 (2) Subsection (c) of section 1437 of the Food, Agri8 culture, Conservation, and Trade Act of 1990 (Public Law

9 101–624; 16 U.S.C. 3831 note) is amended to read as

10 follows:

11 ‘‘(c) EXTENSION AUTHORITY.—During the 1996

12 through 2000 calendar years, the Secretary of Agriculture

13 may extend up to 10 years contracts entered into before

14 November 28, 1990, under subchapter B of chapter 1 of

15 subtitle D of title XII of the Food Security Act of 1985

16 (16 U.S.C. 3831 et seq.) at the option of the owner or

17 operator on land that the Secretary has determined under

18 the study conducted under subsection (a) should remain

19 in conserving uses.’’.

20 SEC. 504. EFFECT ON EXISTING EASEMENTS.

21 The amendments made by this title shall not affect

22 the validity or terms of any easements acquired by the

23 Secretary of Agriculture under subchapter C of chapter

24 1 of subtitle D of title XII of the Food Security Act of

25 1985 (16 U.S.C. 3837 et seq.) or under chapter 3 of such
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1 subtitle (16 U.S.C. 3839 et seq.) before the date of the

2 enactment of this Act or any payments required to be

3 made in connection with such easements.

4 TITLE VI—MISCELLANEOUS

5 PROVISIONS

6 SEC. 601. CLARIFICATION OF EFFECT OF RESOURCE PLAN7 NING ON ALLOCATION OR USE OF WATER.

8 (a) FOREST SERVICE AUTHORITIES.—Section 6 of

9 the Forest and Rangeland Renewable Resources Planning

10 Act of 1974 (16 U.S.C. 1604) is amended by adding at

11 the end the following new subsection:

12 ‘‘(n) LIMITATION ON AUTHORITY.—Nothing in this

13 section shall be construed to supersede, abrogate or other14 wise impair any right or authority of a State to allocate

15 quantities of water (including boundary waters). Nothing

16 in this section shall be implemented, enforced, or con17 strued to allow any officer or agency of the United States

18 to utilize directly or indirectly the authorities established

19 under this section to impose any requirement not imposed

20 by the State which would supersede, abrogate, or other21 wise impair rights to the use of water resources allocated

22 under State law, interstate water compact, or Supreme

23 Court decree, or held by the United States for use by a

24 State, its political subdivisions, or its citizens. No water
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1 rights arise in the United States or any other person

2 under the provisions of this Act.’’.

3 (b) BUREAU OF LAND MANAGEMENT AUTHORI4 TIES.—

5 (1) LAND USE PLANNING.—Section 202 of the

6 Federal Land Policy and Management Act of 1976

7 (43 U.S.C. 1712) is amended by adding at the end

8 the following new subsection:

9 ‘‘(g) LIMITATION ON AUTHORITY.—Nothing in this

10 section shall be construed to supersede, abrogate, or other11 wise impair any right or authority of a State to allocate

12 quantities of water (including boundary waters). Nothing

13 in this section shall be implemented, enforced, or con14 strued to allow any officer or agency of the United States

15 to utilize directly or indirectly the authorities established

16 under this section to impose any requirement not imposed

17 by the State which would supersede, abrogate, or other18 wise impair rights to the use of water resources allocated

19 under State law, interstate water compact, or Supreme

20 Court decree, or held by the United States for use by a

21 State, its political subdivisions, or its citizens. No water

22 rights arise in the United States or any other person

23 under the provisions of this Act.’’.

24 (2) RIGHTS-OF-WAY.—Section 501 of such Act

25 (43 U.S.C. 1761) is amended—
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1 (A) in subsection (c)(1)—

2 (i) by striking subparagraph (B);

3 (ii) in subparagraph (D), by striking

4 ‘‘originally constructed’’;

5 (iii) in subparagraph (G), by striking

6 ‘‘1996’’ and inserting ‘‘1998’’; and

7 (iv) by redesignating subparagraphs

8 (C) through (G) as subparagraphs (B)

9 through (F), respectively;

10 (B) in subsection (c)(3)(A), by striking the

11 second and third sentences; and

12 (C) by adding at the end the following new

13 subsection:

14 ‘‘(e) EFFECT ON VALID EXISTING RIGHTS.—Not15 withstanding any provision of this section, no Federal

16 agency may require, as a condition of, or in connection

17 with, the granting, issuance, or renewal of a right-of-way

18 under this section, a restriction or limitation on the oper19 ation, use, repair, or replacement of an existing water sup20 ply facility which is located on or above National Forest

21 lands or the exercise and use of existing water rights, if

22 such condition would reduce the quantity of water which

23 would otherwise be made available for use by the owner

24 of such facility or water rights, or cause an increase in

25 the cost of the water supply provided from such facility.’’.
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1 SEC. 602. REPEAL OF STATE TECHNICAL COMMITTEES.

2 (a) REPEAL.—Subtitle G of title XII of the Food Se3 curity Act of 1985 (16 U.S.C. 1261 and 3862) is repealed.

4 (b) CONFORMING AMENDMENT.—Section 1628 of the

5 Food, Agriculture, Conservation, and Trade Act of 1990

6 (7 U.S.C. 5831) is amended by striking ‘‘, subtitle G of

7 title XIV’’ both places it appears.

8 SEC. 603. REPEAL OF PROGRAM REGARDING MANAGEMENT

9 OF UNDESIRABLE PLANTS ON FEDERAL

10 LANDS.

11 Section 15 of the Federal Noxious Weed Act of 1974

12 (7 U.S.C. 2814) is repealed.

13 SEC. 604. REPEAL OF COMPOSTING RESEARCH AND EXTEN14 SION PROGRAM.

15 Section 1456 of the Food, Agriculture, Conservation,

16 and Trade Act of 1990 (7 U.S.C. 3130) is repealed.

17 SEC. 605. REPEAL OF FARMS FOR THE FUTURE ACT OF

18 1990.

19 The Farms for the Future Act of 1990 (chapter 2

20 of subtitle E of title XIX of Public Law 101–624; 7 U.S.C.

21 4201 note) is repealed.

22 SEC. 606. ADMINISTRATION OF ENVIRONMENTAL PRO23 GRAMS.

24 (a) REPEAL.—Subtitle F of the Food, Agriculture,

25 Conservation, and Trade Act of 1990 (7 U.S.C. 5401–

26 5403) is repealed.
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1 (b) CONFORMING AMENDMENTS.—Such Act is fur2 ther amended—

3 (1) in section 1482(d) (7 U.S.C. 5502(d)), by

4 striking ‘‘in conjunction with the report required

5 under section 1473(c). The report’’ and inserting ‘‘,

6 which’’; and

7 (2) in section 1499(a) (7 U.S.C. 5506(a)), by

8 striking the last sentence.

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