I

103D CONGRESS

2D SESSION H. R. 3894

To extend the conservation reserve program for 10 years and the wetlands

reserve program for 5 years to protect vulnerable soil and water resources

by facilitating the transition of our Nation’s most environmentally sensitive land to conservation uses by enabling farmers to meet conservation

compliance requirements through the early withdrawal, modification, reenrollment, or enrollment of lands in the conservation reserve; to best

achieve such conservation purposes with sharply limited resources by

permitting the Secretary of Agriculture to negotiate reduced annual rental payments in exchange for granting farmers increased flexibility to

withdraw, enroll, or re-enroll parts of land parcels in the conservation

reserve program and for permitting limited uses on lands enrolled in

the conservation reserve; to permit the transfer of crop bases among

owners upon the expiration of enrollment; and to authorize the establishment of demonstration projects.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1994

Mr. BEREUTER introduced the following bill; which was referred to the

Committee on Agriculture

A BILL

To extend the conservation reserve program for 10 years

and the wetlands reserve program for 5 years to protect

vulnerable soil and water resources by facilitating the

transition of our Nation’s most environmentally sensitive

land to conservation uses by enabling farmers to meet

conservation compliance requirements through the early

withdrawal, modification, re-enrollment, or enrollment of

lands in the conservation reserve; to best achieve such
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conservation purposes with sharply limited resources by

permitting the Secretary of Agriculture to negotiate reduced annual rental payments in exchange for granting

farmers increased flexibility to withdraw, enroll, or reenroll parts of land parcels in the conservation reserve

program and for permitting limited uses on lands enrolled in the conservation reserve, to permit the transfer

of crop bases among owners upon the expiration of enrollment; and to authorize the establishment of demonstration projects.

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

3 SECTION 1. EXTENSION OF ENVIRONMENTAL CONSERVA4 TION ACREAGE RESERVE PROGRAM.

5 (a) IN GENERAL.—The following provisions of the

6 Food Security Act of 1985 are each amended by striking

7 ‘‘1995’’ and inserting ‘‘2005’’:

8 (1) Section 1230(a) (16 U.S.C. 3830(a)).

9 (2) Section 1231(a) (16 U.S.C. 3831(a)).

10 (3) Section 1231(b)(3) (16 U.S.C. 3831(b)(3)).

11 (4) The first sentence of section 1231(d) (16

12 U.S.C. 3831(d)).

13 (5) Section 1232(c) (16 U.S.C. 3832(c)).

14 (6) Section 1238B(a)(1) (16 U.S.C.

15 3838b(a)(1)).

16 (7) Section 1238B(a)(2) (16 U.S.C.

17 3838b(a)(2)).
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1 (8) Section 1238B(a)(11) (16 U.S.C.

2 3838b(a)(2)).

3 (9) Section 1239(a) (16 U.S.C. 3839(a)).

4 (b) WETLANDS RESERVE PROGRAM.—Section

5 1237(c) of such Act (16 U.S.C. 3837(c)) is amended by

6 striking ‘‘2000’’ and inserting ‘‘2005’’.

7 SEC. 2. AUTHORITY TO MODIFY OR EXTEND CONTRACTS.

8 (a) IN GENERAL.—Subchapter B of chapter 1 of sub9 title D of title XII of the Food Security Act of 1985 (16

10 U.S.C. 3831–3836) is amended by inserting after section

11 1235A the following:

12 ‘‘SEC. 1235B. CONVERSION OF LAND SUBJECT TO CON13 TRACT TO OTHER USES.

14 ‘‘(a) IN GENERAL.—Prior to or upon the expiration

15 of a contract entered into under this subchapter with re16 spect to environmentally sensitive land (as defined by the

17 State technical committee established under section 1261

18 in the State in which the land is located, or until such

19 committee is formed, the State technical working group),

20 the Secretary shall extend the duration of the contract,

21 or modify the terms of the contract, in accordance with

22 this section. The Secretary shall place a priority on ex23 tending or modifying under this section contracts entered

24 into under this subchapter in such a way as to enable own-
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1 ers and operators to comply with the applicable plan re2 ferred to in section 1232(a)(1).

3 ‘‘(b) OPTIONS FOR OWNERS AND OPERATORS.—The

4 Secretary shall permit an owner or operator who has en5 tered into a contract under this subchapter that is in effect

6 on the date of the enactment of this section—

7 ‘‘(1) before the expiration of the contract, to re8 move land (including partial fields) from enrollment

9 in the conservation reserve established under this

10 subchapter if—

11 ‘‘(A) the land is not highly erodible crop12 land;

13 ‘‘(B) the Soil Conservation Service has

14 classified the land as class I, II, III(s), III(w),

15 or III(c), and the land is covered by a conserva16 tion plan approved by the local conservation

17 district (or, if the land is not within a conserva18 tion district, a plan approved by the Secretary)

19 that limits the soil erosion to such land to not

20 more than the soil loss tolerance level referred

21 to in section 1201(a)(7)(A)(ii); or

22 ‘‘(C) the land is replaced by land of the

23 same owner that, according to the local con24 servation district or the Secretary, is more envi25 ronmentally sensitive;
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1 ‘‘(2) before the expiration of the contract, to re2 enroll in the reserve for not more than 10 years por3 tions of land enrolled in the reserve if—

4 ‘‘(A) the land will remain planted to per5 manent cover and devoted to filter strips, field

6 borders, waterways, terraces, wildlife corridors,

7 well-head protection; buffer strips adjacent to

8 rivers, streams, lakes, wetlands, or any other

9 conservation purpose that the Secretary deems

10 appropriate; and

11 ‘‘(B) future production on the re-enrolled

12 land will not contribute to erosion in excess of

13 the soil loss tolerance level referred to in section

14 1201(a)(7)(A)(ii);

15 ‘‘(3) before the expiration of the contract, to

16 enter into negotiations with the Secretary to receive

17 reduced annual rental payments in exchange for per18 mission to allow limited uses (as defined by the

19 State technical committee established under section

20 1261 in the State in which the land is located, or

21 until such committee is formed, the State technical

22 working group) on enrolled land, including haying,

23 grazing, seed production, production of bio-mass,

24 timber, or such other uses as the Secretary may

25 deem appropriate;
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1 ‘‘(4) upon expiration of the contract, to retain

2 or transfer cropland bases, with respect to crops for

3 which there is a production adjustment program, to

4 other lands, as long as enrolled croplands remain in

5 permanent cover; or

6 ‘‘(5) upon expiration of the contract, to offer

7 cropland bases, with respect to crops for which there

8 is a production adjustment program, on land subject

9 to the contract, for lease or sale to producers for use

10 on cropland in the county in which the land is lo11 cated or in an adjacent county, in exchange for

12 maintaining the land in permanent cover, as ap13 proved by the State technical committee, or until

14 such committee is formed, the State technical work15 ing group.

16 ‘‘(c) LIMITATION ON ANNUAL RENTAL PAYMENT

17 FOR RE-ENROLLED LAND OR LAND PERMITTED TO BE

18 DEVOTED TO LIMITED USES.—Annual rental payments

19 made under this subchapter with respect to land that is

20 the subject of an agreement entered into pursuant to para21 graph (2) or (3) of subsection (b) shall not exceed an

22 amount equal to 80 percent of the annual rental payment

23 made under this subchapter with respect to the land for

24 the 12-month period ending on the date the agreement

25 takes effect.’’.
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1 (b) CONFORMING AMENDMENT.—Section 1232(a)(7)

2 of such Act (16 U.S.C. 3832(a)(7)) is amended by insert3 ing ‘‘except to the extent authorized under section

4 1235B,’’ after ‘‘(7)’’.

5 SEC. 3. DEMONSTRATION PROJECTS.

6 (a) GRANT AUTHORITY.—

7 (1) IN GENERAL.—The Secretary of Agriculture

8 may make grants to producers of agricultural com9 modities to retain land in the conservation reserve

10 established under subchapter B of chapter 1 of sub11 title D of title XII of the Food Security Act of 1985,

12 or to enroll land in the reserve, for the purpose of

13 enabling the owner of the land to grow grass or raise

14 legumes (or do both) on such land, in rotation, as

15 approved by the State technical committee estab16 lished under section 1261 of such Act in the State

17 in which the land is located or until such committee

18 is formed, the State technical working group.

19 (2) NUMBER OF SITES.—The Secretary may

20 not select more than 3 sites in each State with re21 spect to which grants are to be made under para22 graph (1).

23 (b) EVALUATION.—Not later than 3 years after the

24 first grant is made under subsection (a), the Secretary

25 shall evaluate the economic and environmental effects of
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1 the uses to which grants under subsection (a) have been

2 put, and shall submit to the Congress a report that con3 tains the findings of the Secretary.

4 (c) LIMITATIONS ON AUTHORIZATION OF APPRO5 PRIATIONS.—For grants under subsection (a), there are

6 authorized to be appropriated to the Secretary not more

7 than $500,000 for each of fiscal years 1996, 1997, and

8 1998.

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