```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 399 Introduced in Senate (IS)]

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.

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

SECTION 1. CONVERSION OF CROPPED WETLAND.

    (a) Exemptions.--Section 1222 of the Food Security Act of 1985 (16 
U.S.C. 3822) is amended--
            (1) in subsection (f)(2), by inserting after ``1985,'' the 
        following: ``through the enhancement of a cropped wetland 
        described in section 1231(b)(4)(F), or through the creation of 
        a wetland,''; and
            (2) in subsection (h)--
                    (A) in paragraph (1), by striking ``may be reduced 
                under paragraph (2)'' and inserting ``shall be 
                waived'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Graduated sanctions.--In lieu of making a person 
        ineligible under section 1221, the Secretary shall reduce by 
        not less than $750 nor more than $10,000, depending on the 
        degree to which wetland functions and values have been impaired 
        by the violation of section 1221, program benefits described in 
        section 1221 that the person would otherwise be eligible to 
        receive in a crop year if the Secretary determines that--
                    ``(A) the person--
                            ``(i) is actively restoring the wetland 
                        under an agreement entered into with the 
                        Secretary to fully restore the characteristics 
                        of the converted wetland to its prior wetland 
                        state; or
                            ``(ii) has previously restored the 
                        characteristics of the converted wetland to its 
                        prior wetland state, as determined by the 
                        Secretary; and
                    ``(B) the Secretary determines that--
                            ``(i) the penalty for violation of section 
                        1221 has been waived under paragraph (1) for 
                        the person only once in the previous 10-year 
                        period on a farm of the person; and
                            ``(ii) the person converted a wetland, or 
                        produced an agricultural commodity on a 
                        converted wetland, in good faith and without 
                        the intent to violate section 1221.''; and
                    (C) by adding at the end the following:
            ``(4) Affiliated persons.--If a person is subject to a 
        reduction in benefits under section 1221 or this section and 
        the affected person is affiliated with other persons for the 
        purpose of receipt of the benefits, the reduction in benefits 
        of the affiliated persons under section 1221 or this section 
        shall be in proportion to the interest held by the affected 
        person.''.
    (b) Conservation Reserve.--Section 1231(b)(4) of the Act (16 U.S.C. 
3831(b)(4)) is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F) if the cropland is a wetland on which the 
                owner or operator of a farm or ranch uses normal 
                cropping or ranching practices to produce an 
                agricultural commodity in a manner that is consistent 
                for the area where the production is possible as a 
                result of a natural condition, such as drought, and is 
                without action by the producer that destroys a natural 
                wetland characteristic.''.
                                 <all>
```