II

104TH CONGRESS

1ST SESSION S. 399

To amend the Food Security Act of 1985 to provide more flexibility to

producers, and more effective mitigation, in connection with the conversion of cropped wetland, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 14 (legislative day, JANUARY 30), 1995

Mr. DASCHLE (for himself, Mr. CONRAD, and Mr. HARKIN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Food Security Act of 1985 to provide more

flexibility to producers, and more effective mitigation,

in connection with the conversion of cropped wetland,

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. CONVERSION OF CROPPED WETLAND.

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

6 (1) in subsection (f)(2), by inserting after

7 ‘‘1985,’’ the following: ‘‘through the enhancement of

8 a cropped wetland described in section
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•S 399 IS

1 1231(b)(4)(F), or through the creation of a wet2 land,’’; and

3 (2) in subsection (h)—

4 (A) in paragraph (1), by striking ‘‘may be

5 reduced under paragraph (2)’’ and inserting

6 ‘‘shall be waived’’;

7 (B) by striking paragraph (2) and insert8 ing the following:

9 ‘‘(2) GRADUATED SANCTIONS.—In lieu of mak10 ing a person ineligible under section 1221, the Sec11 retary shall reduce by not less than $750 nor more

12 than $10,000, depending on the degree to which

13 wetland functions and values have been impaired by

14 the violation of section 1221, program benefits de15 scribed in section 1221 that the person would other16 wise be eligible to receive in a crop year if the Sec17 retary determines that—

18 ‘‘(A) the person—

19 ‘‘(i) is actively restoring the wetland

20 under an agreement entered into with the

21 Secretary to fully restore the characteris22 tics of the converted wetland to its prior

23 wetland state; or

24 ‘‘(ii) has previously restored the char25 acteristics of the converted wetland to its
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1 prior wetland state, as determined by the

2 Secretary; and

3 ‘‘(B) the Secretary determines that—

4 ‘‘(i) the penalty for violation of section

5 1221 has been waived under paragraph (1)

6 for the person only once in the previous

7 10-year period on a farm of the person;

8 and

9 ‘‘(ii) the person converted a wetland,

10 or produced an agricultural commodity on

11 a converted wetland, in good faith and

12 without the intent to violate section

13 1221.’’; and

14 (C) by adding at the end the following:

15 ‘‘(4) AFFILIATED PERSONS.—If a person is

16 subject to a reduction in benefits under section 1221

17 or this section and the affected person is affiliated

18 with other persons for the purpose of receipt of the

19 benefits, the reduction in benefits of the affiliated

20 persons under section 1221 or this section shall be

21 in proportion to the interest held by the affected

22 person.’’.

23 (b) CONSERVATION RESERVE.—Section 1231(b)(4)

24 of the Act (16 U.S.C. 3831(b)(4)) is amended—
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1 (1) in subparagraph (C), by striking ‘‘or’’ at

2 the end;

3 (2) in subparagraph (D), by striking the period

4 at the end and inserting ‘‘; or’’; and

5 (3) by adding at the end the following:

6 ‘‘(F) if the cropland is a wetland on which

7 the owner or operator of a farm or ranch uses

8 normal cropping or ranching practices to

9 produce an agricultural commodity in a manner

10 that is consistent for the area where the pro11 duction is possible as a result of a natural con12 dition, such as drought, and is without action

13 by the producer that destroys a natural wetland

14 characteristic.’’.

Æ