I

104TH CONGRESS

1ST SESSION H. R. 2284

To provide incentives for the owners and operators of agricultural land to

provide habitat for protected species.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 1995

Mr. POMBO 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 provide incentives for the owners and operators of

agricultural land to provide habitat for protected species.

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

3 SECTION 1. CONSERVATION HABITAT RESERVE PROGRAM.

4 (a) ESTABLISHMENT.—The Secretary shall enter into

5 contracts in accordance with this section with owners and

6 operators of lands suitable for conservation habitat, under

7 which the owners and operators manage the land for the

8 protection of protected species in exchange for cash pay9 ments from the Secretary.
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1 (b) CONTRACT REQUIREMENTS.—

2 (1) DUTIES OF OWNERS AND OPERATORS.—

3 (A) IN GENERAL.—Each contract entered

4 into under this section with respect to land

5 shall obligate the owner or operator of the

6 land—

7 (i) to implement a plan approved by

8 the Secretary, in consultation with the Sec9 retary of the Interior, for management of

10 the land;

11 (ii) not to use the land in a manner

12 that is inconsistent with the purpose of the

13 contract; and

14 (iii) on the violation of a term or con15 dition of the contract at any time the

16 owner or operator has control of the

17 land—

18 (I) to forfeit all rights to receive

19 rental payments and management fees

20 under the contract, if the Secretary,

21 after considering the recommenda22 tions of the Secretary of the Interior,

23 determines that the violation warrants

24 termination of the contract; or
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1 (II) to refund to the Secretary,

2 or accept adjustments to, the rental

3 payments and management fees pro4 vided to the owner or operator, as the

5 Secretary considers appropriate, if the

6 Secretary, after considering the rec7 ommendations of the Secretary of the

8 Interior, determines that the violation

9 does not warrant termination of the

10 contract.

11 (B) CONTENTS OF PLAN.—The plan re12 ferred to in subparagraph (A)(i) shall set

13 forth—

14 (i) the management practices to be

15 carried out by the owner or operator of the

16 land; and

17 (ii) any permitted use of the land.

18 (2) DUTIES OF THE SECRETARY.—Each con19 tract entered into under this section shall obligate

20 the Secretary—

21 (A) to pay the cost of carrying out the

22 management measures and practices set forth

23 in the contract, to the extent that the Secretary

24 determines is appropriate and in the public in25 terest;
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1 (B) for a period of years not in excess of

2 the term of the contract, to pay an annual rent3 al payment in an amount necessary to com4 pensate for the conversion of the land to, or use

5 of the land for, conservation habitat; and

6 (C) to provide technical assistance and

7 management training to assist the owner or op8 erator in carrying out the contract.

9 (3) DURATION.—Each contract entered into

10 under this section shall be for a term of not fewer

11 than 5 years and not greater than 10 years.

12 (c) OTHER RULES APPLICABLE TO CONTRACTS.—

13 (1) MODIFICATION.—The Secretary may modify

14 a contract entered into with an owner or operator

15 under this section if the owner or operator agrees to

16 the modification.

17 (2) RENEWAL.—Notwithstanding subsection

18 (g)(3)(C), the Secretary may renew a contract en19 tered into under this section only if, at the time the

20 contract would otherwise expire, a protected species

21 is occupying the land subject to the contract.

22 (3) TERMINATION.—The Secretary may termi23 nate a contract entered into with an owner or opera24 tor under this section if—
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1 (A) the owner or operator agrees to the

2 termination; and

3 (B) the Secretary determines that the ter4 mination would be in the public interest.

5 (4) EFFECT OF TRANSFER OF OWNERSHIP OF

6 LAND.—If, during the term of a contract entered

7 into under this section, an owner or operator of land

8 subject to the contract sells or otherwise transfers

9 the ownership or right of occupancy of the land, the

10 new owner or operator of the land may—

11 (A) notwithstanding subsection

12 (g)(3)(C)—

13 (i) continue the contract under the

14 same terms or conditions; or

15 (ii) enter into a new contract in ac16 cordance with this section; or

17 (B) elect not to participate in the program

18 established under this section.

19 (d) LIMITATIONS.—

20 (1) COUNTY IMPACT.—The Secretary shall not,

21 at any one time, have in effect under this section

22 contracts with respect to more than 25 percent of

23 the land or water in any one county, except to the

24 extent that the Secretary determines that doing so
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1 would not adversely affect the local economy of the

2 county.

3 (2) RECENT CHANGES IN OWNERSHIP.—

4 (A) 3-YEAR RULE.—The Secretary may

5 not, on any date, enter into a contract under

6 this section with respect to land the ownership

7 of which has changed in the immediately pre8 ceding 3-year period.

9 (B) EXCEPTIONS.—Subparagraph (A)

10 shall not apply to a change of ownership if—

11 (i) the change of ownership occurred

12 by reason of the operation of a will or by

13 succession as a result of the death of the

14 previous owner;

15 (ii) the change of ownership occurred

16 before January 1, 1995; or

17 (iii) the Secretary determines that the

18 change of ownership occurred under cir19 cumstances which give adequate assurance

20 that the land was not acquired for the pur21 pose of placement in the program estab22 lished under this section.

23 (C) RULES OF INTERPRETATION.—Sub24 paragraph (A) shall not be construed to—
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1 (i) prohibit a new owner of land from

2 electing to assume the obligations of the

3 previous owner under a contract entered

4 into under this section with respect to the

5 land, and otherwise continue the contract

6 in effect; or

7 (ii) require a person, as a condition of

8 eligibility to enter into a contract under

9 this section with respect to land, to own

10 the land if the person—

11 (I) has operated the land for at

12 least 3 years preceding the date of the

13 contract or since January 1, 1995,

14 whichever is later; and

15 (II) will control the land for the

16 duration of the contract.

17 (e) PAYMENTS.—

18 (1) DETERMINATION OF AMOUNT.—

19 (A) INCENTIVE TO PARTICIPATION.—In

20 determining the amount of annual rental pay21 ments to be paid under contracts entered into

22 under this section, the Secretary may consider,

23 among other things, the amount necessary to

24 encourage owners or operators to participate in

25 the program established by this section.
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1 (B) USE OF BIDS.—The Secretary may de2 termine the amounts payable to owners or oper3 ators in the form of rental payments under con4 tracts entered into under this section, through

5 the submission of bids in such manner as the

6 Secretary may prescribe.

7 (2) TIMING.—

8 (A) IN GENERAL.—The Secretary shall

9 provide payment for obligations incurred by the

10 Secretary under a contract entered into under

11 this section—

12 (i) with respect to any cost for man13 agement incurred by the Secretary, as soon

14 as possible after the obligation is incurred;

15 and

16 (ii) with respect to any annual rental

17 payment obligation incurred by the Sec18 retary—

19 (I) as soon as practicable after

20 October 1 of each calendar year; or

21 (II) at the discretion of the Sec22 retary, at any time before such date

23 during the year that the obligation is

24 incurred.
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1 (B) AUTHORITY TO MAKE PAYMENTS BE2 FORE DETERMINING PERFORMANCE.—The Sec3 retary may make payments under this section

4 before determining performance.

5 (3) PAYMENTS TO THIRD PARTIES.—If an

6 owner or operator who is entitled to a payment

7 under a contract entered into under this section

8 dies, becomes incompetent, is otherwise unable to re9 ceive the payment, or is succeeded by another person

10 who renders or completes the performance required

11 of the owner or operator under the contract, the

12 Secretary shall make the payment, in accordance

13 with regulations prescribed by the Secretary and

14 without regard to any other provision of law, in such

15 manner as the Secretary determines is fair and rea16 sonable in light of all of the circumstances.

17 (4) NO EFFECT ON OTHER PAYMENTS.—Rental

18 payments received by an owner or operator under

19 this section shall be in addition to, and shall not af20 fect, the total amount of payments that the owner

21 or operator is otherwise eligible to receive under this

22 section, the Agricultural Act of 1949, or other Fed23 eral law.

24 (f) CONSULTATION WITH THE SECRETARY OF THE

25 INTERIOR.—The Secretary shall consult with the Sec-
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1 retary of the Interior on all determinations and actions

2 that are necessary to carry out this section.

3 (g) DEFINITIONS.—As used in this section:

4 (1) LAND SUITABLE FOR CONSERVATION HABI5 TAT.—The term ‘‘land suitable for conservation

6 habitat’’ means qualified land—

7 (A) that is occupied by a protected species;

8 or

9 (B) that—

10 (i) provides habitat which is suitable

11 for a protected species; and

12 (ii) is likely to be occupied by a pro13 tected species for part of each year.

14 (2) PROTECTED SPECIES.—The term ‘‘pro15 tected species’’ means any species that is—

16 (A) included in a list published pursuant to

17 section 4(c) of the Endangered Species Act of

18 1973; or

19 (B) proposed pursuant to such Act to be

20 included in such a list.

21 (3) QUALIFIED LAND.—The term ‘‘qualified

22 land’’ means land that—

23 (A) as of January 1, 1995, was used for

24 any agricultural purpose;

25 (B) is covered by—
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1 (i) a cooperative management agree2 ment provided for in section 6 of the En3 dangered Species Act of 1973; or

4 (ii) a conservation plan provided for in

5 section 10(a) of such Act;

6 (C) is not the subject of a contract in ef7 fect under this section; and

8 (D) is not the subject of a contract in ef9 fect under chapter 1 of subtitle D of title XII

10 of the Food Security Act of 1985.

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

12 the Secretary of Agriculture.

13 (h) AUTHORITY SUBJECT TO APPROPRIATIONS.—

14 The authority provided by this section shall be exercised

15 only to the extent and in the amounts provided in advance

16 in appropriations Acts.

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