II

104TH CONGRESS

1ST SESSION S. 854

To amend the Food Security Act of 1985 to improve the agricultural

resources conservation program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 25 (legislative day, MAY 15), 1995

Mr. LUGAR (for himself and Mr. LEAHY) 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 improve the

agricultural resources conservation program, 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.

4 This Act may be cited as the ‘‘Agricultural Resources

5 Conservation Act of 1995’’.

6 SEC. 2. ENVIRONMENTAL CONSERVATION ACREAGE RE7 SERVE PROGRAM.

8 Section 1230 of the Food Security Act of 1985 (16

9 U.S.C. 3830) is amended to read as follows:
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1 ‘‘SEC. 1230. ENVIRONMENTAL CONSERVATION ACREAGE

2 RESERVE PROGRAM.

3 ‘‘(a) ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—During the 1996 through

5 2005 calendar years, the Secretary shall establish an

6 environmental conservation acreage reserve program

7 to be implemented through contracts and the acqui8 sition of easements to assist owners and operators of

9 farms and ranches to conserve and enhance soil,

10 water, and related natural resources, including graz11 ing lands, wetlands, and wildlife habitat.

12 ‘‘(2) MEANS.—The Secretary shall carry out

13 the environmental conservation acreage reserve pro14 gram by—

15 ‘‘(A) providing for the long-term protection

16 of environmentally sensitive lands; and

17 ‘‘(B) providing technical and financial as18 sistance to farmers and ranchers to—

19 ‘‘(i) improve the management of the

20 operations of the farmers and ranchers;

21 and

22 ‘‘(ii) reconcile productivity and profit23 ability with protection and enhancement of

24 the environment.

25 ‘‘(3) PROGRAMS.—The environmental conserva26 tion acreage reserve program shall consist of—
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1 ‘‘(A) the conservation reserve program es2 tablished under subchapter B;

3 ‘‘(B) the wetlands reserve program estab4 lished under subchapter C; and

5 ‘‘(C) the environmental quality incentives

6 program established under chapter 2.

7 ‘‘(b) ADMINISTRATION.—

8 ‘‘(1) IN GENERAL.—In carrying out the envi9 ronmental conservation acreage reserve program, the

10 Secretary shall enter into contracts with owners and

11 operators and acquire interests in lands through

12 easements from owners, as provided in this chapter

13 and chapter 2.

14 ‘‘(2) PRIOR ENROLLMENTS.—Acreage enrolled

15 in the conservation reserve program or wetlands re16 serve program prior to the effective date of this

17 paragraph shall be considered to be placed in the en18 vironmental conservation acreage reserve program.

19 ‘‘(c) CONSERVATION PRIORITY AREAS.—

20 ‘‘(1) DESIGNATION.—

21 ‘‘(A) IN GENERAL.—The Secretary shall

22 designate watersheds or regions of special envi23 ronmental sensitivity, including the Chesapeake

24 Bay region (located in Pennsylvania, Maryland,

25 and Virginia), the Great Lakes region, and the
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1 Long Island Sound region, as conservation pri2 ority areas that are eligible for enhanced assist3 ance through the programs established under

4 this chapter and chapter 2. A designation shall

5 be made under this subparagraph if an applica6 tion is made by a State agency and agricultural

7 practices within the watershed or region pose a

8 significant threat to soil, water, and related

9 natural resources, as determined by the Sec10 retary.

11 ‘‘(B) ASSISTANCE.—To the extent prac12 ticable, the Secretary shall designate a water13 shed or region of special environmental sensitiv14 ity as a conservation priority area to assist ag15 ricultural producers within the watershed or re16 gion to comply with nonpoint source pollution

17 requirements established under the Federal

18 Water Pollution Control Act (33 U.S.C. 1251 et

19 seq.) and other Federal and State environ20 mental laws.

21 ‘‘(2) APPLICABILITY.—The Secretary shall, to

22 the maximum extent practicable, designate a water23 shed or region as a conservation priority area that

24 conforms to the functions and purposes of the con25 servation reserve program established under sub-
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1 chapter B, the wetlands reserve program established

2 under subchapter C, or the environmental quality in3 centives program established under chapter 2, as ap4 plicable, if participation in the program is likely to

5 result in the resolution or amelioration of significant

6 soil, water, and related natural resource problems

7 related to agricultural production activities within

8 the watershed or region.

9 ‘‘(3) EXPIRATION.—A conservation priority

10 area designation shall expire on the date that is 5

11 years after the date of the designation, except that

12 the Secretary may—

13 ‘‘(A) redesignate the area as a conserva14 tion priority area; or

15 ‘‘(B) withdraw the designation of a water16 shed or region as a conservation priority area if

17 the Secretary finds that the area is no longer

18 affected by significant soil, water, and related

19 natural resource problems related to agricul20 tural production activities.’’.

21 SEC. 3. CONSERVATION RESERVE.

22 Subchapter B of chapter 1 of subtitle D of title XII

23 of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.)

24 is amended to read as follows:
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1 ‘‘Subchapter B—Conservation Reserve

2 ‘‘SEC. 1231. CONSERVATION RESERVE.

3 ‘‘(a) IN GENERAL.—During the 1996 through 2005

4 calendar years, the Secretary shall carry out the enroll5 ment of lands in a conservation reserve program through

6 the use of contracts to assist owners and operators of

7 lands specified in subsection (b) to conserve and improve

8 soil, water, and related natural resources, by taking envi9 ronmentally sensitive lands out of production.

10 ‘‘(b) ELIGIBLE LANDS.—The Secretary may include

11 in the program established under this subchapter—

12 ‘‘(1) highly erodible cropland that—

13 ‘‘(A) if permitted to remain untreated

14 could substantially impair soil, water, or related

15 natural resources; and

16 ‘‘(B) cannot be farmed in accordance with

17 a conservation plan implemented under section

18 1212;

19 ‘‘(2) marginal pasture land converted to a wet20 land or established as wildlife habitat;

21 ‘‘(3) marginal pasture land in or near riparian

22 areas that could enhance water quality;

23 ‘‘(4) cropland or pasture land to be devoted to

24 the production of hardwood trees, windbreaks,

25 shelterbelts, or wildlife corridors; and
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1 ‘‘(5) cropland that is otherwise not eligible for

2 inclusion in the program—

3 ‘‘(A) if the Secretary determines that—

4 ‘‘(i) the land contributes to the deg5 radation of water quality or soil erosion, or

6 would cause on-site or off-site environ7 mental degradation if permitted to remain

8 in agricultural production; and

9 ‘‘(ii) water quality, soil erosion, or en10 vironmental objectives with respect to the

11 land cannot be achieved under the environ12 mental quality incentives program estab13 lished under chapter 2;

14 ‘‘(B) if the cropland is newly created, per15 manent grass sod waterways, or are contour

16 grass sod strips established and maintained as

17 part of an approved conservation plan under

18 this subchapter;

19 ‘‘(C) if the cropland will be devoted to

20 newly established living snow fences, permanent

21 wildlife habitat, windbreaks, or shelterbelts;

22 ‘‘(D) if the land will be devoted to

23 filterstrips that are contiguous to permanent

24 bodies of water or intermittent streams;
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1 ‘‘(E) if the Secretary determines that the

2 land poses an off-farm environmental threat, or

3 pose a threat of continued degradation of pro4 ductivity due to soil salinity, if permitted to re5 main in production; or

6 ‘‘(F) if the land is highly erodible cropland

7 that will be used to restore wetlands and—

8 ‘‘(i) the land is prior converted wet9 land;

10 ‘‘(ii) the owners or operators of the

11 land agree to provide the Secretary with a

12 long-term or permanent easement under

13 subchapter C;

14 ‘‘(iii) there is a high probability that

15 the prior converted wetland can be success16 fully restored to wetland status; and

17 ‘‘(iv) the restoration of the areas oth18 erwise meets the requirements of sub19 chapter C.

20 ‘‘(c) CERTAIN LAND AFFECTED BY SECRETARIAL

21 ACTION.—For the purpose of determining the eligibility

22 of land to be placed in the conservation reserve established

23 under this subchapter, land shall be considered planted to

24 an agricultural commodity during a crop year if an action
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1 of the Secretary prevented the land from being planted

2 to the commodity during the crop year.

3 ‘‘(d) ENROLLMENT.—

4 ‘‘(1) LIMITATION.—Not more than 36,400,000

5 acres (including acreage subject to contracts ex6 tended by the Secretary pursuant to section 1437 of

7 the Food, Agriculture, Conservation, and Trade Act

8 of 1990 (Public Law 101–624; 16 U.S.C. 3831

9 note)) may be enrolled in the conservation reserve in

10 any of the 1996 through 2005 calendar years.

11 ‘‘(2) PRIORITIES.—The Secretary shall, to the

12 maximum extent practicable, with each periodic en13 rollment of acreage (including acreage subject to

14 contracts extended by the Secretary pursuant to sec15 tion 1437 of the Food, Agriculture, Conservation,

16 and Trade Act of 1990 (Public Law 101–624; 16

17 U.S.C. 3831 note)), enroll acreage in the conserva18 tion reserve that meets the priority criteria for water

19 quality, soil erosion, and wildlife habitat provided in

20 subsection (e), and, to the maximum extent prac21 ticable, maximize multiple environmental benefits.

22 ‘‘(e) PRIORITY FUNCTIONS.—

23 ‘‘(1) IN GENERAL.—During all periodic enroll24 ments of acreage (including acreage subject to con25 tracts extended by the Secretary pursuant to section
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1 1437 of the Food, Agriculture, Conservation, and

2 Trade Act of 1990 (Public Law 101–624; 16 U.S.C.

3 3831 note)), the Secretary shall evaluate all offers to

4 enter into contracts under this subchapter in light of

5 the priority criteria stated in paragraphs (2), (3),

6 and (4), and accept only the offers that meet the cri7 teria stated in paragraph (2) or (3), maximize the

8 benefits stated in paragraph (4), and maximize envi9 ronmental benefits per dollar expended. If an offer

10 meets the criteria stated in paragraph (4) and para11 graph (2) or (3), the offer shall receive higher prior12 ity, as determined by the Secretary.

13 ‘‘(2) WATER QUALITY.—

14 ‘‘(A) TARGETED LANDS.—Not later than

15 December 31, 2000, the Secretary shall enroll

16 in the conservation reserve narrow strips of

17 cropland or pasture, as filterstrips that are con18 tiguous to—

19 ‘‘(i) permanent bodies of water;

20 ‘‘(ii) tributaries or smaller streams; or

21 ‘‘(iii) intermittent streams that the

22 Secretary determines significantly contrib23 ute to downstream water quality degrada24 tion.
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1 ‘‘(B) PURPOSES.—The lands may be en2 rolled by the Secretary in the conservation re3 serve to establish—

4 ‘‘(i) contour grass strips;

5 ‘‘(ii) grassed waterways; and

6 ‘‘(iii) other equivalent conservation

7 measures that have a high potential to

8 ameliorate pollution from crop and live9 stock production.

10 ‘‘(C) REQUIRED ENROLLMENT.—Not later

11 than December 31, 2000, the Secretary shall

12 enroll in the conservation reserve at least

13 4,000,000 acres under this paragraph.

14 ‘‘(D) PARTIAL AND WHOLE FIELDS.—En15 rollments under this paragraph may include

16 partial and whole fields, except that the Sec17 retary shall accord a higher priority to partial

18 field enrollments.

19 ‘‘(3) SOIL EROSION.—

20 ‘‘(A) IN GENERAL.—The Secretary shall

21 accept offers to enroll highly erodible land only

22 on fields that cannot be farmed by using the

23 best economically attainable conservation sys24 tem without high potential for degradation of

25 soil or water quality, and such potential deg-
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1 radation cannot be alleviated through other

2 Federal or State conservation assistance pro3 grams.

4 ‘‘(B) BEST ECONOMICALLY ATTAINABLE

5 CONSERVATION SYSTEM.—In this paragraph,

6 the term ‘best economically attainable conserva7 tion system’ means a practice or practices de8 signed to significantly reduce soil erosion on

9 highly erodible fields in a cost-effective manner,

10 as specified by the Secretary.

11 ‘‘(C) PARTIAL FIELD ENROLLMENTS.—A

12 portion of a highly erodible field is eligible for

13 enrollment if the partial field segment would

14 provide a significant reduction in soil erosion.

15 ‘‘(4) WILDLIFE HABITAT BENEFITS.—

16 ‘‘(A) IN GENERAL.—The Secretary shall,

17 to the maximum extent practicable, ensure that

18 offers to enroll acreage under paragraphs (2)

19 and (3) are accepted so as to maximize wildlife

20 habitat benefits.

21 ‘‘(B) MAXIMIZING BENEFITS.—An offer

22 that satisfies paragraph (2) or (3) shall be ac23 cepted by the Secretary if the offer also maxi24 mizes wildlife habitat benefits, as determined by

25 the Secretary. For purposes of this paragraph,
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1 the Secretary shall, to the maximum extent

2 practicable, maximize wildlife habitat benefits

3 through—

4 ‘‘(i) consultation with State technical

5 committees established under section

6 1261(a) as to the relative habitat benefits

7 of each offer, and accepting the offers that

8 maximize benefits; and

9 ‘‘(ii) providing higher priority to of10 fers that would be contiguous to—

11 ‘‘(I) other enrolled acreage;

12 ‘‘(II) a designated wildlife habi13 tat; or

14 ‘‘(III) a wetland.

15 ‘‘(C) COVER CROP INFORMATION.—The

16 Secretary shall provide information to owners

17 or operators about cover crops that are best

18 suited for area wildlife.

19 ‘‘(f) DURATION OF CONTRACT.—For the purpose of

20 carrying out this subchapter, the Secretary shall enter into

21 contracts of not less than 10, nor more than 15, years.

22 ‘‘(g) MULTIYEAR GRASSES AND LEGUMES.—For the

23 purpose of this subchapter, alfalfa and other multiyear

24 grasses and legumes planted in a rotation practice ap-
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1 proved by the Secretary, shall be considered agricultural

2 commodities.

3 ‘‘SEC. 1232. DUTIES OF OWNERS AND OPERATORS.

4 ‘‘(a) IN GENERAL.—If required by the Secretary as

5 a term of a contract under this chapter, an owner or oper6 ator of a farm or ranch shall agree—

7 ‘‘(1) to implement a conservation plan approved

8 by the local conservation district (or in an area not

9 located within a conservation district, a conservation

10 plan approved by the Secretary) for converting eligi11 ble lands normally devoted to the production of an

12 agricultural commodity on the farm or ranch to a

13 less intensive use (as defined by the Secretary), such

14 as pasture, permanent grass, legumes, forbs, shrubs,

15 or trees, substantially in accordance with a schedule

16 outlined in the conservation plan;

17 ‘‘(2) to place highly erodible cropland subject to

18 the contract in the conservation reserve established

19 under this subchapter;

20 ‘‘(3) not to use the land for agricultural pur21 poses, except as permitted by the Secretary;

22 ‘‘(4) to establish approved vegetative cover, or

23 water cover for the enhancement of wildlife, on the

24 land, except that the water cover shall not include
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1 ponds for the purpose of watering livestock, irrigat2 ing crops, or raising fish for commercial purposes;

3 ‘‘(5) in addition to the remedies provided under

4 section 1236(d), on the violation of a term or condi5 tion of the contract at any time the owner or opera6 tor has control of the land—

7 ‘‘(A) to forfeit all rights to receive rental

8 payments and cost-sharing payments under the

9 contract and to refund to the Secretary any

10 rental payments and cost-sharing payments re11 ceived by the owner or operator under the con12 tract, together with interest on the payments as

13 determined by the Secretary, if the Secretary

14 determines that the violation is sufficient to

15 warrant termination of the contract; or

16 ‘‘(B) to refund to the Secretary, or accept

17 adjustments to, the rental payments and cost18 sharing payments provided to the owner or op19 erator, as the Secretary considers appropriate,

20 if the Secretary determines that the violation

21 does not warrant termination of the contract;

22 ‘‘(6) on the transfer of the right and interest of

23 the owner or operator in land subject to the con24 tract—
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1 ‘‘(A) to forfeit all rights to rental pay2 ments and cost-sharing payments under the

3 contract; and

4 ‘‘(B) to refund to the United States all

5 rental payments and cost-sharing payments re6 ceived by the owner or operator, or accept such

7 payment adjustments or make such refunds as

8 the Secretary considers appropriate and consist9 ent with the objectives of this subchapter, un10 less—

11 ‘‘(i) the transferee of the land agrees

12 with the Secretary to assume all obliga13 tions of the contract; or

14 ‘‘(ii) the land is purchased by or for

15 the United States Fish and Wildlife Serv16 ice, or the transferee and the Secretary

17 agree to modifications to the contract, if

18 the modifications are consistent with the

19 objectives of this subchapter as determined

20 by the Secretary;

21 ‘‘(7) not to conduct any harvesting or grazing,

22 nor otherwise make commercial use of the forage, on

23 land that is subject to the contract, nor adopt any

24 similar practice specified in the contract by the Sec25 retary as a practice that would tend to defeat the
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1 purposes of the contract, except that the Secretary

2 may permit—

3 ‘‘(A) harvesting or grazing or other com4 mercial use of the forage on land that is subject

5 to the contract in response to a drought or

6 other similar emergency; and

7 ‘‘(B) limited grazing on the land if the

8 grazing is incidental to the gleaning of crop res9 idues on the fields in which the land is located

10 and occurs—

11 ‘‘(i) during the 7-month period during

12 which grazing of conserving use acreage is

13 allowed in a State under the Agricultural

14 Act of 1949 (7 U.S.C. 1421 et seq.); or

15 ‘‘(ii) after the producer harvests the

16 grain crop of the surrounding field for a

17 reduction in rental payment commensurate

18 with the limited economic value of the inci19 dental grazing;

20 ‘‘(8) not to harvest or make commercial use of

21 trees on land that is subject to the contract unless

22 expressly permitted in the contract, except that no

23 contract shall prohibit activities consistent with cus24 tomary forestry practice, such as pruning, thinning,
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1 or stand improvement of trees, on land converted to

2 forestry use;

3 ‘‘(9) not to adopt any practice that would tend

4 to defeat the objectives of this subchapter;

5 ‘‘(10) with respect to any contract entered into

6 after the effective date of section 3 of the Agricul7 tural Resources Conservation Act of 1995, concern8 ing highly erodible land in a county that has not

9 reached the limitation established by section

10 1242(c)—

11 ‘‘(A) not to produce an agricultural com12 modity for the duration of the contract on any

13 other highly erodible land that the owner or op14 erator has purchased after the effective date of

15 section 3 of the Agricultural Resources Con16 servation Act of 1995, and that does not have

17 a history of being used to produce an agricul18 tural commodity other than forage crops; and

19 ‘‘(B) on the violation of subparagraph (A),

20 to be subject to the sanctions described in para21 graph (5); and

22 ‘‘(11) to comply with such additional provisions

23 as the Secretary determines are necessary.

24 ‘‘(b) CONSERVATION PLAN.—The conservation plan

25 required under subsection (a)(1)—
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1 ‘‘(1) shall set forth—

2 ‘‘(A) the conservation measures and prac3 tices to be carried out by the owner or operator

4 during the term of the contract; and

5 ‘‘(B) the commercial use, if any, to be per6 mitted on the land during the term; and

7 ‘‘(2) may provide for the permanent retirement

8 of any cropland base and allotment history for the

9 land.

10 ‘‘(c) ENVIRONMENTAL USE.—To the maximum extent practicable, not less than 1 11 ⁄8 of land that is placed

12 in the conservation reserve shall be devoted to hardwood

13 trees.

14 ‘‘(d) FORECLOSURE.—

15 ‘‘(1) IN GENERAL.—Notwithstanding any other

16 law, an owner or operator of land who is a party to

17 a contract entered into under this subchapter may

18 not be required to make repayments to the Secretary

19 of amounts received under the contract if the land

20 that is subject to the contract has been foreclosed on

21 and the Secretary determines that forgiving the re22 payments is appropriate to provide fair and equi23 table treatment.

24 ‘‘(2) RESUMPTION OF CONTROL.—This sub25 section shall not void the responsibilities of the
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1 owner or operator under the contract if the owner or

2 operator resumes control over the land that is sub3 ject to the contract within the term of the contract.

4 On the resumption of the control over the land by

5 the owner or operator, the provisions of the contract

6 in effect on the date of the foreclosure shall apply.

7 ‘‘SEC. 1233. DUTIES OF THE SECRETARY.

8 ‘‘In return for a contract entered into by an owner

9 or operator under section 1232, the Secretary shall—

10 ‘‘(1) share the cost of carrying out the con11 servation measures and practices set forth in the

12 contract for which the Secretary determines that

13 cost sharing is appropriate and in the public inter14 est;

15 ‘‘(2) for a period of years not in excess of the

16 term of the contract, pay an annual rental payment

17 in an amount necessary to compensate for—

18 ‘‘(A) the conversion of cropland normally

19 devoted to the production of an agricultural

20 commodity on a farm or ranch to a less inten21 sive use, consistent with section 1231(e); and

22 ‘‘(B) the retirement of any cropland base

23 and allotment history that the owner or opera24 tor agrees to retire permanently; and
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1 ‘‘(3) provide conservation technical assistance,

2 as determined necessary by the Secretary, to assist

3 the owner or operator in carrying out the contract.

4 ‘‘SEC. 1234. PAYMENTS.

5 ‘‘(a) TIME OF COST-SHARING AND ANNUAL RENTAL

6 PAYMENTS.—The Secretary shall provide payment for ob7 ligations incurred by the Secretary under a contract en8 tered into under this subchapter—

9 ‘‘(1) with respect to any cost-sharing payment

10 obligation incurred by the Secretary, as soon as

11 practicable after the obligation is incurred; and

12 ‘‘(2) with respect to any annual rental payment

13 obligation incurred by the Secretary—

14 ‘‘(A) as soon as practicable after October

15 1 of each calendar year; or

16 ‘‘(B) at the discretion of the Secretary, at

17 any time prior to October 1 during the year

18 that the obligation is incurred.

19 ‘‘(b) FEDERAL PERCENTAGE OF COST-SHARING

20 PAYMENTS.—

21 ‘‘(1) IN GENERAL.—In making cost-sharing

22 payments to an owner or operator under a contract

23 entered into under this subchapter, the Secretary

24 shall pay 50 percent of the cost of establishing water

25 quality and conservation measures and practices re-
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1 quired under the contracts for which the Secretary

2 determines that cost sharing is appropriate and in

3 the public interest.

4 ‘‘(2) LIMITATION.—The Secretary shall not

5 make any payment to an owner or operator under

6 this subchapter to the extent that the total amount

7 of cost-sharing payments provided to the owner or

8 operator from all sources would exceed 100 percent

9 of the total actual costs.

10 ‘‘(3) HARDWOOD TREES.—The Secretary may

11 permit an owner or operator who contracts to devote

12 at least 10 acres of land to the production of hard13 wood trees under this subchapter to extend the

14 planting of the trees over a 3-year period if at least

1 15 ⁄3 of the trees are planted in each of the first 2

16 years.

17 ‘‘(4) OTHER FEDERAL COST-SHARING ASSIST18 ANCE.—An owner or operator shall not be eligible to

19 receive or retain cost-sharing assistance under this

20 subchapter if the owner or operator receives any

21 other Federal cost-sharing assistance with respect to

22 the land under any other law.

23 ‘‘(c) ANNUAL RENTAL PAYMENTS.—

24 ‘‘(1) ENCOURAGING PARTICIPATION.—In deter25 mining the amount of annual rental payments to be
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1 paid to owners and operators for converting eligible

2 cropland normally devoted to the production of an

3 agricultural commodity to a less intensive use, the

4 Secretary may consider, among other factors, the

5 amount necessary to encourage owners or operators

6 of eligible cropland to participate in the program es7 tablished by this subchapter.

8 ‘‘(2) AMOUNT.—

9 ‘‘(A) IN GENERAL.—The amounts payable

10 to owners or operators as rental payments

11 under contracts entered into under this sub12 chapter shall be determined by the Secretary

13 through—

14 ‘‘(i) the submission of offers for the

15 contracts by owners and operators in such

16 manner as the Secretary may prescribe;

17 and

18 ‘‘(ii) determination of the rental value

19 of the land through a productivity adjust20 ment formula determined by the Secretary.

21 ‘‘(B) LIMITATION.—Rental payments shall

22 not exceed local rental rates, except that rental

23 payments for partial field enrollments may be

24 made in an amount that does not exceed 150

25 percent of local rental rates, adjusted for the
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1 productivity of the land, as determined by the

2 Secretary.

3 ‘‘(3) HARDWOOD TREES.—In the case of acre4 age enrolled in the conservation reserve that is to be

5 devoted to hardwood trees, the Secretary may con6 sider offers for contracts under this subsection on a

7 continuous basis.

8 ‘‘(d) CASH OR IN-KIND PAYMENTS.—

9 ‘‘(1) IN GENERAL.—Except as otherwise pro10 vided in this section, payments under this sub11 chapter—

12 ‘‘(A) shall be made in cash or in commod13 ities in such amount and on such time schedule

14 as are agreed on and specified in the contract;

15 and

16 ‘‘(B) may be made in advance of the deter17 mination of performance.

18 ‘‘(2) IN-KIND PAYMENTS.—If the payment is

19 made in in-kind commodities, the payment shall be

20 made by the Commodity Credit Corporation—

21 ‘‘(A) by delivery of the commodity involved

22 to the owner or operator at a warehouse or

23 other similar facility located in the county in

24 which the highly erodible cropland is located or
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1 at such other location as is agreed to by the

2 Secretary and the owner or operator;

3 ‘‘(B) by the transfer of negotiable ware4 house receipts; or

5 ‘‘(C) by such other method, including the

6 sale of the commodity in commercial markets,

7 as is determined by the Secretary to be appro8 priate to enable the owner or operator to receive

9 efficient and expeditious possession of the com10 modity.

11 ‘‘(3) INSUFFICIENT STOCKS.—If stocks of a

12 commodity acquired by the Commodity Credit Cor13 poration are not readily available to make full pay14 ment in kind to an owner or operator, the Secretary

15 may substitute full or partial payment in cash for

16 payment in kind.

17 ‘‘(4) SPECIAL CONSERVATION RESERVE EN18 HANCEMENT PROGRAM.—Payments to a producer

19 under a special conservation reserve enhancement

20 program described in subsection (f)(4) shall be in

21 the form of cash only.

22 ‘‘(e) PAYMENT ON DEATH, DISABILITY, OR SUCCES23 SION.—If an owner or operator who is entitled to a pay24 ment under a contract entered into under this subchapter

25 dies, becomes incompetent, is otherwise unable to receive
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1 the payment, or is succeeded by another person who ren2 ders or completes the required performance, the Secretary

3 shall make the payment, in accordance with regulations

4 prescribed by the Secretary and without regard to any

5 other provision of law, in such manner as the Secretary

6 determines is fair and reasonable in light of all of the cir7 cumstances.

8 ‘‘(f) PAYMENT LIMITATION.—

9 ‘‘(1) IN GENERAL.—The total amount of rental

10 payments, including the value of any rental pay11 ments in in-kind commodities, made to a person

12 under this subchapter for any fiscal year may not

13 exceed $50,000.

14 ‘‘(2) REGULATIONS.—The Secretary shall issue

15 regulations that are consistent with section 1001 for

16 the purpose of—

17 ‘‘(A) defining the term ‘person’ as used in

18 paragraph (1); and

19 ‘‘(B) prescribing such rules as the Sec20 retary determines are necessary to ensure a fair

21 and reasonable application of the limitation

22 contained in paragraph (1).

23 ‘‘(3) RECEIPT OF OTHER PAYMENTS NOT AF24 FECTED.—Rental payments received by an owner or

25 operator shall be in addition to, and not affect, the
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1 total amount of payments that the owner or operator

2 is otherwise eligible to receive under this Act, the

3 Food, Agriculture, Conservation, and Trade Act of

4 1990 (Public Law 101–624), or the Agricultural Act

5 of 1949 (7 U.S.C. 1421 et seq.).

6 ‘‘(4) SPECIAL CONSERVATION RESERVE EN7 HANCEMENT PROGRAM.—The provisions of this sub8 section that limit payments to any person, and sec9 tion 1305(f) of the Agricultural Reconciliation Act of

10 1987 (Public Law 100–203; 7 U.S.C. 1308 note),

11 shall not be applicable to payments received by a

12 State or political subdivision, or an agency of a

13 State or political subdivision, in connection with an

14 agreement entered into under a special conservation

15 reserve enhancement program carried out by the

16 State, political subdivision, or agency that has been

17 approved by the Secretary. The Secretary may enter

18 into an agreement for payments to a State or politi19 cal subdivision, or agency of a State or political sub20 division, that the Secretary determines will advance

21 the objectives of this subchapter.

22 ‘‘(g) CONTRACTS UNAFFECTED BY CERTAIN PRESI23 DENTIAL ORDERS.—Notwithstanding any other law, no

24 order issued for any fiscal year under section 252 of the

25 Balanced Budget and Emergency Deficit Control Act of
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1 1985 (2 U.S.C. 902) shall affect any payment under any

2 contract entered into at any time that is subject to this

3 subchapter, including contracts entered into prior to the

4 effective date of section 3 of the Agricultural Resources

5 Conservation Act of 1995.

6 ‘‘(h) COST-SHARING PAYMENTS.—In addition to any

7 payment under this subchapter, an owner or operator may

8 receive cost-sharing payments, rental payments, or tax

9 benefits from a State or political subdivision of a State

10 for enrolling lands in the conservation reserve program.

11 ‘‘SEC. 1235. CONTRACTS.

12 ‘‘(a) OWNERSHIP OR OPERATION REQUIREMENT.—

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

14 no contract shall be entered into under this sub15 chapter concerning land with respect to which the

16 ownership has changed during the 3-year period pre17 ceding the date the contract is entered into unless—

18 ‘‘(A) the new ownership was acquired by

19 will or succession as a result of the death of the

20 previous owner;

21 ‘‘(B) the Secretary determines that the

22 land was acquired under circumstances that

23 give adequate assurance that the land was not

24 acquired for the purpose of placing the land in

25 the program established by this subchapter; or
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1 ‘‘(C) the ownership change occurred due to

2 foreclosure on the land and the owner of the

3 land immediately before the foreclosure exer4 cised a right of redemption from the mortgage

5 holder in accordance with a State law.

6 ‘‘(2) APPLICABILITY.—Paragraph (1) shall

7 not—

8 ‘‘(A) prohibit the continuation of a con9 tract by a new owner after a contract has been

10 entered into under this subchapter; or

11 ‘‘(B) require a person to own the land as

12 a condition of eligibility for entering into the

13 contract if the person—

14 ‘‘(i) has operated the land to be cov15 ered by a contract under this subchapter

16 for at least 3 years preceding the date of

17 entering into the contract; and

18 ‘‘(ii) controls the land during the con19 tract period.

20 ‘‘(b) SALES OR TRANSFERS.—If, during the term of

21 a contract entered into under this subchapter, an owner

22 or operator of land subject to the contract sells or other23 wise transfers the ownership or right of occupancy of the

24 land, the new owner or operator of the land may—
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1 ‘‘(1) continue the contract under the same

2 terms and conditions of the contract;

3 ‘‘(2) enter into a new contract in accordance

4 with this subchapter; or

5 ‘‘(3) elect not to participate in the program es6 tablished under this subchapter.

7 ‘‘(c) MODIFICATIONS AND WAIVERS.—

8 ‘‘(1) IN GENERAL.—The Secretary may modify

9 a contract entered into by an owner or operator

10 under this subchapter if—

11 ‘‘(A) the owner or operator agrees to the

12 modification; and

13 ‘‘(B) the Secretary determines that the

14 modification is desirable—

15 ‘‘(i) to carry out this subchapter;

16 ‘‘(ii) to facilitate the practical admin17 istration of this subchapter; or

18 ‘‘(iii) to achieve such other goals as

19 the Secretary determines are appropriate,

20 consistent with this subchapter.

21 ‘‘(2) PRODUCTION OF AGRICULTURAL COMMOD22 ITIES.—The Secretary may modify or waive a term

23 or condition of a contract entered into under this

24 subchapter to permit all or part of the land subject

25 to the contract to be devoted to the production of an
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1 agricultural commodity during a crop year, subject

2 to such conditions as the Secretary determines are

3 appropriate.

4 ‘‘(d) TERMINATION.—The Secretary may terminate a

5 contract entered into with an owner or operator under this

6 subchapter if—

7 ‘‘(1) the owner or operator agrees to the termi8 nation; and

9 ‘‘(2) the Secretary determines that the termi10 nation is in the public interest.

11 ‘‘SEC. 1236. BASE HISTORY.

12 ‘‘(a) REDUCTIONS.—A reduction, based on a ratio be13 tween the total cropland acreage on the farm and the acre14 age placed in the conservation reserve, as determined by

15 the Secretary, shall be made during the period of a con16 tract entered into under this subchapter, in the aggregate,

17 in crop bases, quotas, and allotments on the farm with

18 respect to crops for which there is a production adjust19 ment program.

20 ‘‘(b) BASE HISTORY AS BASIS FOR PARTICIPATION

21 IN OTHER FEDERAL PROGRAMS.—Notwithstanding sec22 tions 1211 and 1221, the Secretary, by appropriate regu23 lation, may provide for preservation of cropland base and

24 allotment history applicable to acreage converted from the

25 production of agricultural commodities under this sub-
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1 chapter, for the purpose of any Federal program under

2 which the history is used as a basis for participation in

3 the program or for an allotment or other limitation of the

4 program, unless the owner and operator of the farm or

5 ranch agree under the contract to retire permanently that

6 cropland base and allotment history.

7 ‘‘(c) EXTENSION OF PRESERVATION OF CROPLAND

8 BASE AND ALLOTMENT HISTORY.—The Secretary shall

9 offer the owner or operator of a farm or ranch an oppor10 tunity to extend the preservation of cropland base and al11 lotment history pursuant to subsection (b) for such time

12 as the Secretary determines to be appropriate after the

13 expiration date of a contract under this subchapter at the

14 request of the owner or operator. In return for the exten15 sion, the owner or operator shall agree to continue to abide

16 by the terms and conditions of the original contract, ex17 cept that—

18 ‘‘(1) the owner or operator shall receive no ad19 ditional cost-sharing, annual rental, or bonus pay20 ment; and

21 ‘‘(2) the Secretary may permit, subject to such

22 terms and conditions as the Secretary may impose,

23 haying and grazing of acreage subject to the agree24 ment, except that—
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1 ‘‘(A) haying and grazing shall not be per2 mitted during any consecutive 5-month period

3 that is established by the State committee es4 tablished under section 8(b) of the Soil Con5 servation and Domestic Allotment Act (16

6 U.S.C. 590h(b)) during the period beginning

7 April 1 and ending October 31 of a year; and

8 ‘‘(B) in the case of a natural disaster, the

9 Secretary may permit unlimited haying and

10 grazing on the acreage.

11 ‘‘(d) ADDITIONAL REMEDIES FOR VIOLATIONS.—In

12 addition to any other remedy prescribed by law, the Sec13 retary may reduce or terminate the quantity of cropland

14 base and allotment history preserved pursuant to sub15 section (c) for acreage with respect to which a violation

16 of a term or condition of a contract occurs.’’.

17 SEC. 4. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

18 Chapter 2 of subtitle D of title XII of the Food Secu19 rity Act of 1985 (16 U.S.C. 3838 et seq.) is amended to

20 read as follows:

21 ‘‘CHAPTER 2—ENVIRONMENTAL QUALITY

22 INCENTIVES PROGRAM

23 ‘‘SEC. 1238. FINDINGS AND PURPOSES.

24 ‘‘(a) FINDINGS.—Congress finds that—
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1 ‘‘(1) farmers and ranchers cumulatively manage

more than 1 2 ⁄2 of the private lands in the continental

3 United States;

4 ‘‘(2) because of the predominance of agri5 culture, the soil, water, and related natural re6 sources of the United States cannot be protected

7 without cooperative relationships between the Fed8 eral Government and farmers and ranchers;

9 ‘‘(3) farmers and ranchers have made tremen10 dous progress in protecting the environment and the

11 agricultural resource base of the United States over

12 the past decade because of not only Federal Govern13 ment programs but also their spirit of stewardship

14 and the adoption of effective technologies;

15 ‘‘(4) it is in the interest of the entire United

16 States that farmers and ranchers continue to strive

17 to preserve soil resources and make more efforts to

18 protect water quality and wildlife habitat, and ad19 dress other broad environmental concerns;

20 ‘‘(5) environmental strategies that stress the

21 prudent management of resources, as opposed to

22 idling land, will permit the maximum economic op23 portunities for farmers and ranchers in the future;

24 ‘‘(6) unnecessary bureaucratic and paperwork

25 barriers associated with existing agricultural con-
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•S 854 IS

1 servation assistance programs decrease the potential

2 effectiveness of the programs; and

3 ‘‘(7) the recent trend of Federal spending on

4 agricultural conservation programs suggests that as5 sistance to farmers and ranchers in future years

6 will, absent changes in policy, dwindle to perilously

7 low levels.

8 ‘‘(b) PURPOSES.—The purposes of the environmental

9 quality incentives program established by this chapter are

10 to—

11 ‘‘(1) combine into a single program the func12 tions of—

13 ‘‘(A) the agricultural conservation program

14 authorized by sections 7 and 8 of the Soil Con15 servation and Domestic Allotment Act (16

16 U.S.C. 590g and 590h) (as in effect before the

17 amendments made by section 6(a)(1) of the Ag18 ricultural Resources Conservation Act of 1995);

19 ‘‘(B) the Great Plains conservation pro20 gram established under section 16(b) of the Soil

21 Conservation and Domestic Allotment Act (16

22 U.S.C. 590p(b)) (as in effect before the amend23 ment made by section 6(b)(1) of the Agricul24 tural Resources Conservation Act of 1995);
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•S 854 IS

1 ‘‘(C) the water quality incentives program

2 established under this chapter (as in effect be3 fore the amendment made by section 4 of the

4 Agricultural Resources Conservation Act of

5 1995); and

6 ‘‘(D) the Colorado River Basin salinity

7 control program established under section

8 202(c) of the Colorado River Basin Salinity

9 Control Act (43 U.S.C. 1592(c)) (as in effect

10 before the amendment made by section 6(c)(1)

11 of the Agricultural Resources Conservation Act

12 of 1995); and

13 ‘‘(2) carry out the single program in a manner

14 that maximizes environmental benefits per dollar ex15 pended, and that provides—

16 ‘‘(A) flexible technical and financial assist17 ance to farmers and ranchers that face the

18 most serious threats to soil, water, and related

19 natural resources, including grazing lands, wet20 lands, and wildlife habitat;

21 ‘‘(B) assistance to farmers and ranchers in

22 complying with this title and Federal and State

23 environmental laws, and to encourage environ24 mental enhancement;
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•S 854 IS

1 ‘‘(C) assistance to farmers and ranchers in

2 making beneficial, cost-effective changes to

3 cropping systems, grazing management, ma4 nure, nutrient, pest, or irrigation management,

5 land uses, or other measures needed to conserve

6 and improve soil, water, and related natural re7 sources; and

8 ‘‘(D) for the consolidation and simplifica9 tion of the conservation planning process to re10 duce administrative burdens on the owners and

11 operators of farms and ranches.

12 ‘‘SEC. 1238A. DEFINITIONS.

13 ‘‘In this chapter:

14 ‘‘(1) LAND MANAGEMENT PRACTICE.—The

15 term ‘land management practice’ means nutrient or

16 manure management, integrated pest management,

17 irrigation management, tillage or residue manage18 ment, grazing management, or another land man19 agement practice the Secretary determines is needed

20 to protect soil, water, or related resources in the

21 most cost effective manner.

22 ‘‘(2) LARGE CONFINED LIVESTOCK OPER23 ATION.—The term ‘large confined livestock oper24 ation’ means a farm or ranch that—
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•S 854 IS

1 ‘‘(A) is a confined animal feeding oper2 ation; and

3 ‘‘(B) has more than—

4 ‘‘(i) 700 mature dairy cattle;

5 ‘‘(ii) 1,000 beef cattle;

6 ‘‘(iii) 30,000 laying hens or broilers

7 (if the facility has continuous overflow wa8 tering);

9 ‘‘(iv) 100,000 laying hens or broilers

10 (if the facility has a liquid manure sys11 tem);

12 ‘‘(v) 55,000 turkeys;

13 ‘‘(vi) 2,500 swine; or

14 ‘‘(vii) 10,000 sheep or lambs.

15 ‘‘(3) LIVESTOCK.—The term ‘livestock’ means

16 mature dairy cows, beef cattle, laying hens, broilers,

17 turkeys, swine, sheep, or lambs.

18 ‘‘(4) OPERATOR.—The term ‘operator’ means a

19 person who is engaged in crop or livestock produc20 tion (as defined by the Secretary).

21 ‘‘(5) STRUCTURAL PRACTICE.—The term ‘struc22 tural practice’ means the establishment of an animal

23 waste management facility, terrace, grassed water24 way, contour grass strip, filterstrip, permanent wild25 life habitat, or another structural practice that the
39

•S 854 IS

1 Secretary determines is needed to protect soil, water,

2 or related resources in the most cost effective man3 ner.

4 ‘‘SEC. 1238B. ESTABLISHMENT AND ADMINISTRATION OF

5 ENVIRONMENTAL QUALITY INCENTIVES PRO6 GRAM.

7 ‘‘(a) ESTABLISHMENT.—

8 ‘‘(1) IN GENERAL.—During the 1996 through

9 2005 fiscal years, the Secretary shall provide tech10 nical assistance, cost-sharing payments, and incen11 tive payments to operators, who enter into contracts

12 with the Secretary, through an environmental qual13 ity incentives program in accordance with this chap14 ter.

15 ‘‘(2) ELIGIBLE PRACTICES.—

16 ‘‘(A) STRUCTURAL PRACTICES.—An opera17 tor who implements a structural practice shall

18 be eligible for technical assistance or cost-shar19 ing payments, or both.

20 ‘‘(B) LAND MANAGEMENT PRACTICES.—An

21 operator who performs a land management

22 practice shall be eligible for technical assistance

23 or incentive payments, or both.

24 ‘‘(b) APPLICATION AND TERM.—A contract between

25 an operator and the Secretary under this chapter may—
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1 ‘‘(1) apply to 1 or more structural practices or

2 1 or more land management practices, or both; and

3 ‘‘(2) have a term of not less than 5, nor more

4 than 10, years, as determined appropriate by the

5 Secretary, depending on the practice or practices

6 that are the basis of the contract.

7 ‘‘(c) STRUCTURAL PRACTICES.—

8 ‘‘(1) COMPETITIVE OFFER.—The Secretary

9 shall administer a competitive offer system for oper10 ators proposing to receive cost-sharing payments in

11 exchange for the implementation of 1 or more struc12 tural practices by the operator. The competitive

13 offer system shall consist of—

14 ‘‘(A) the submission of a competitive offer

15 by the operator in such manner as the Sec16 retary may prescribe; and

17 ‘‘(B) evaluation of the offer in light of the

18 priorities established in section 1238C and the

19 projected cost of the proposal, as determined by

20 the Secretary.

21 ‘‘(2) CONCURRENCE OF OWNER.—If the opera22 tor making an offer to implement a structural prac23 tice is a tenant of the land involved in agricultural

24 production, for the offer to be acceptable, the opera-
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1 tor shall obtain the concurrence of the owner of the

2 land with respect to the offer.

3 ‘‘(d) LAND MANAGEMENT PRACTICES.—The Sec4 retary shall establish an application and evaluation proc5 ess for awarding technical assistance or incentive pay6 ments, or both, to an operator in exchange for the per7 formance of 1 or more land management practices by the

8 operator.

9 ‘‘(e) COST-SHARING AND INCENTIVE PAYMENTS.—

10 ‘‘(1) COST-SHARING PAYMENTS.—

11 ‘‘(A) IN GENERAL.—The Federal share of

12 cost-sharing payments to an operator proposing

13 to implement 1 or more structural practices

14 shall not be less than 75 percent of the pro15 jected cost of the practice, as determined by the

16 Secretary, taking into consideration any pay17 ment received by the operator from a State or

18 local government.

19 ‘‘(B) LIMITATION.—An operator of a large

20 confined livestock operation shall not be eligible

21 for cost-sharing payments to construct an ani22 mal waste management facility.

23 ‘‘(C) OTHER PAYMENTS.—An operator

24 shall not be eligible for cost-sharing payments

25 for structural practices on eligible land under
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1 this chapter if the operator receives cost-shar2 ing payments or other benefits for the same

3 land under chapter 1 or 3.

4 ‘‘(2) INCENTIVE PAYMENTS.—The Secretary

5 shall make incentive payments in an amount and at

6 a rate determined by the Secretary to be necessary

7 to encourage an operator to perform 1 or more land

8 management practices.

9 ‘‘(f) TECHNICAL ASSISTANCE.—

10 ‘‘(1) FUNDING.—The Secretary shall allocate

11 funding under this chapter for the provision of tech12 nical assistance according to the purpose and pro13 jected cost for which the technical assistance is pro14 vided in a fiscal year. The allocated amount may

15 vary according to the type of expertise required,

16 quantity of time involved, and other factors as deter17 mined appropriate by the Secretary. Funding shall

18 not exceed the projected cost to the Secretary of the

19 technical assistance provided in a fiscal year.

20 ‘‘(2) OTHER AUTHORITIES.—The receipt of

21 technical assistance under this chapter shall not af22 fect the eligibility of the operator to receive technical

23 assistance under other authorities of law available to

24 the Secretary.
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1 ‘‘(g) MODIFICATION OR TERMINATION OF CON2 TRACTS.—

3 ‘‘(1) VOLUNTARY MODIFICATION OR TERMI4 NATION.—The Secretary may modify or terminate a

5 contract entered into with an operator under this

6 chapter if—

7 ‘‘(A) the operator agrees to the modifica8 tion or termination; and

9 ‘‘(B) the Secretary determines that the

10 modification or termination is in the public in11 terest.

12 ‘‘(2) INVOLUNTARY TERMINATION.—The Sec13 retary may terminate a contract under this chapter

14 if the Secretary determines that the operator vio15 lated the contract.

16 ‘‘(h) NON-FEDERAL ASSISTANCE.—

17 ‘‘(1) IN GENERAL.—The Secretary may request

18 the services of a State water quality agency, State

19 fish and wildlife agency, State forestry agency, or

20 any other governmental or private resource consid21 ered appropriate to assist in providing the technical

22 assistance necessary for the development and imple23 mentation of a structural practice or land manage24 ment practice.
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1 ‘‘(2) LIMITATION ON LIABILITY.—No person

2 shall be permitted to bring or pursue any claim or

3 action against any official or entity based on or re4 sulting from any technical assistance provided to an

5 operator under this chapter to assist in complying

6 with a Federal or State environmental law.

7 ‘‘SEC. 1238C. EVALUATION OF OFFERS AND PAYMENTS.

8 ‘‘(a) REGIONAL PRIORITIES.—The Secretary shall

9 provide technical assistance, cost-sharing payments, and

10 incentive payments to operators in a region, watershed,

11 or conservation priority area under this chapter based on

12 the significance of the soil, water, and related natural re13 source problems in the region, watershed, or area, and the

14 structural practices or land management practices that

15 best address the problems, as determined by the Secretary.

16 ‘‘(b) MAXIMIZATION OF ENVIRONMENTAL BENE17 FITS.—

18 ‘‘(1) IN GENERAL.—In providing technical as19 sistance, cost-sharing payments, and incentive pay20 ments to operators in regions, watersheds, or con21 servation priority areas under this chapter, the Sec22 retary shall accord a higher priority to assistance

23 and payments that maximize environmental benefits

24 per dollar expended.
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1 ‘‘(2) NATIONAL AND REGIONAL PRIORITY.—The

2 prioritization shall be done nationally as well as

3 within the conservation priority area, region, or wa4 tershed in which an agricultural operation is located.

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

6 the Secretary shall establish criteria for implement7 ing structural practices and land management prac8 tices that best achieve conservation goals for a re9 gion, watershed, or conservation priority area, as de10 termined by the Secretary.

11 ‘‘(c) STATE OR LOCAL CONTRIBUTIONS.—The Sec12 retary shall accord a higher priority to operators whose

13 agricultural operations are located within watersheds, re14 gions, or conservation priority areas in which State or

15 local governments have provided, or will provide, financial

16 or technical assistance to the operators for the same con17 servation or environmental purposes.

18 ‘‘(d) PRIORITY LANDS.—The Secretary shall accord

19 a higher priority to structural practices or land manage20 ment practices on lands on which agricultural production

21 has been determined to contribute to, or create, the poten22 tial for failure to meet applicable water quality standards

23 or other environmental objectives of a Federal or State

24 law.
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1 ‘‘SEC. 1238D. DUTIES OF OPERATORS.

2 ‘‘To receive technical assistance, cost-sharing pay3 ments, or incentives payments under this chapter, an oper4 ator shall agree—

5 ‘‘(1) to implement an environmental quality in6 centives program plan that describes conservation

7 and environmental goals to be achieved through a

8 structural practice or land management practice, or

9 both, that is approved by the Secretary;

10 ‘‘(2) not to conduct any practices on the farm

11 or ranch that would tend to defeat the purposes of

12 this chapter;

13 ‘‘(3) on the violation of a term or condition of

14 the contract at any time the operator has control of

15 the land, to refund any cost-sharing or incentive

16 payment received with interest, and forfeit any fu17 ture payments under this chapter, as determined by

18 the Secretary;

19 ‘‘(4) on the transfer of the right and interest of

20 the operator in land subject to the contract, unless

21 the transferee of the right and interest agrees with

22 the Secretary to assume all obligations of the con23 tract, to refund all cost-sharing payments and incen24 tive payments received under this chapter, as deter25 mined by the Secretary;
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•S 854 IS

1 ‘‘(5) to supply information as required by the

2 Secretary to determine compliance with the environ3 mental quality incentives program plan and require4 ments of the program; and

5 ‘‘(6) to comply with such additional provisions

6 as the Secretary determines are necessary to carry

7 out the environmental quality incentives program

8 plan.

9 ‘‘SEC. 1238E. ENVIRONMENTAL QUALITY INCENTIVES PRO10 GRAM PLAN.

11 ‘‘An environmental quality incentives program plan

12 shall include (as determined by the Secretary)—

13 ‘‘(1) a description of the prevailing farm or

14 ranch enterprises, cropping patterns, grazing man15 agement, cultural practices, or other information

16 that may be relevant to conserving and enhancing

17 soil, water, and related natural resources;

18 ‘‘(2) a description of relevant farm or ranch re19 sources, including soil characteristics, rangeland

20 types and condition, proximity to water bodies, wild21 life habitat, or other relevant characteristics of the

22 farm or ranch related to the conservation and envi23 ronmental objectives set forth in the plan;

24 ‘‘(3) a description of specific conservation and

25 environmental objectives to be achieved;
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•S 854 IS

1 ‘‘(4) to the extent practicable, specific, quan2 titative goals for achieving the conservation and en3 vironmental objectives;

4 ‘‘(5) a description of 1 or more structural prac5 tices or 1 or more land management practices, or

6 both, to be implemented to achieve the conservation

7 and environmental objectives;

8 ‘‘(6) a description of the timing and sequence

9 for implementing the structural practices or land

10 management practices, or both, that will assist the

11 operator in complying with Federal and State envi12 ronmental laws; and

13 ‘‘(7) information that will enable evaluation of

14 the effectiveness of the plan in achieving the con15 servation and environmental objectives, and that will

16 enable evaluation of the degree to which the plan

17 has been implemented.

18 ‘‘SEC. 1238F. DUTIES OF THE SECRETARY.

19 ‘‘To the extent appropriate, the Secretary shall assist

20 an operator in achieving the conservation and environ21 mental goals of an environmental quality incentives pro22 gram plan by—

23 ‘‘(1) providing an eligibility assessment of the

24 farming or ranching operation of the operator as a

25 basis for developing the plan;
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•S 854 IS

1 ‘‘(2) providing technical assistance in develop2 ing and implementing the plan;

3 ‘‘(3) providing technical assistance, cost-sharing

4 payments, or incentive payments for developing and

5 implementing 1 or more structural practices or 1 or

6 more land management practices, as appropriate;

7 ‘‘(4) providing the operator with information,

8 education, and training to aid in implementation of

9 the plan; and

10 ‘‘(5) encouraging the operator to obtain tech11 nical assistance, cost-sharing payments, or grants

12 from other Federal, State, local, or private sources.

13 ‘‘SEC. 1238G. ELIGIBLE LANDS.

14 ‘‘Agricultural land on which a structural practice or

15 land management practice, or both, shall be eligible for

16 technical assistance, cost-sharing payments, or incentive

17 payments under this chapter include—

18 ‘‘(1) agricultural land (including cropland,

19 rangeland, pasture, and other land on which crops

20 or livestock are produced) that the Secretary deter21 mines poses a serious threat to soil, water, or related

22 resources by reason of the soil types, terrain, cli23 matic, soil, topographic, flood, or saline characteris24 tics, or other factors or natural hazards;
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•S 854 IS

1 ‘‘(2) an area that is considered to be critical ag2 ricultural land on which either crop or livestock pro3 duction is carried out, as identified in a plan submit4 ted by the State under section 319 of the Federal

5 Water Pollution Control Act (33 U.S.C. 1329) as

6 having priority problems that result from an agricul7 tural nonpoint source of pollution;

8 ‘‘(3) an area recommended by a State lead

9 agency for protection of soil, water, and related re10 sources, as designated by a Governor of a State; and

11 ‘‘(4) land that is not located within a des12 ignated or approved area, but that if permitted to

13 continue to be operated under existing management

14 practices, would defeat the purpose of the environ15 mental quality incentives program, as determined by

16 the Secretary. –

17 ‘‘SEC. 1238H. LIMITATIONS ON PAYMENTS.

18 ‘‘(a) PAYMENTS.—The total amount of cost-sharing

19 and incentive payments paid to a person under this chap20 ter may not exceed—

21 ‘‘(1) $10,000 for any fiscal year; or

22 ‘‘(2) $50,000 for any multiyear contract.

23 ‘‘(b) REGULATIONS.—The Secretary shall issue regu24 lations that are consistent with section 1001 for the pur25 pose of—
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1 ‘‘(1) defining the term ‘person’ as used in sub2 section (a); and

3 ‘‘(2) prescribing such rules as the Secretary de4 termines necessary to ensure a fair and reasonable

5 application of the limitations contained in subsection

6 (a).

7 ‘‘SEC. 1238I. TEMPORARY ADMINISTRATION OF ENVIRON8 MENTAL QUALITY INCENTIVES PROGRAM.

9 ‘‘(a) INTERIM ADMINISTRATION.—

10 ‘‘(1) IN GENERAL.—During the period begin11 ning on the date of enactment of this section and

12 ending on the later of the dates specified in para13 graph (2), to ensure that technical assistance, cost14 sharing payments, and incentive payments continue

15 to be administered in an orderly manner until such

16 time as assistance can be provided through final reg17 ulations issued to implement the environmental qual18 ity incentives program established under this chap19 ter, the Secretary shall continue to provide technical

20 assistance, cost-sharing payments, and incentive

21 payments under the terms and conditions of the ag22 ricultural conservation program, the Great Plains

23 conservation program, the water quality incentives

24 program, and the Colorado River Basin salinity con25 trol program, to the extent the terms and conditions
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1 of the programs are consistent with the environ2 mental quality incentives program.

3 ‘‘(2) EXPIRATION OF AUTHORITY.—The author4 ity of the Secretary to carry out paragraph (1) shall

5 terminate on the later of—

6 ‘‘(A) the date that is 180 days after the

7 date of enactment of this section; or

8 ‘‘(B) March 31, 1996.

9 ‘‘(b) PERMANENT ADMINISTRATION.—Effective be10 ginning on the later of the dates specified in subsection

11 (a)(2), the Secretary shall provide technical assistance,

12 cost-sharing payments, and incentive payments for struc13 tural practices and land management practices related to

14 crop and livestock production in accordance with final reg15 ulations issued to carry out the environmental quality in16 centives program.’’.

17 SEC. 5. ADMINISTRATION.

18 Subtitle E of title XII of the Food Security Act of

19 1985 (16 U.S.C. 3841 et seq.) is amended to read as fol20 lows:

21 ‘‘Subtitle E—Administration

22 ‘‘SEC. 1241. FUNDING.

23 ‘‘(a) MANDATORY EXPENSES.—Subject to subsection

24 (f), the Secretary shall use the funds of the Commodity
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1 Credit Corporation for each of fiscal years 1996 through

2 2005 to carry out the programs authorized by—

3 ‘‘(1) subchapter B of chapter 1 of subtitle D

4 (including contracts extended by the Secretary pur5 suant to section 1437 of the Food, Agriculture, Con6 servation, and Trade Act of 1990 (Public Law 101–

7 624; 16 U.S.C. 3831 note));

8 ‘‘(2) subchapter C of chapter 1 of subtitle D;

9 and

10 ‘‘(3) chapter 2 of subtitle D.

11 ‘‘(b) ADVANCE APPROPRIATIONS TO CCC.—The Sec12 retary may use the funds of the Commodity Credit Cor13 poration to carry out chapter 3 of subtitle D, except that

14 the Secretary may not use the funds of the Corporation

15 unless the Corporation has received funds to cover the ex16 penditures from appropriations made to carry out chapter

17 3 of subtitle D.

18 ‘‘(c) ENVIRONMENTAL QUALITY INCENTIVES PRO19 GRAM.—

20 ‘‘(1) CROP PRODUCTION.—Subject to subsection

21 (f), funds of the Commodity Credit Corporation for

22 technical assistance, cost-sharing payments, and in23 centive payments targeted at practices relating to

24 crop production under the environmental quality in25 centives program—
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1 ‘‘(A) in the case of each of fiscal years

2 1996 and 1997, shall be allocated in the same

3 proportion that existed between practices relat4 ing to crop production and livestock production

5 in fiscal year 1995; and

6 ‘‘(B) in the case of each of fiscal years

7 1998 through 2005, shall not be less than the

8 total funding level for the payments for fiscal

9 year 1995.

10 ‘‘(2) LIVESTOCK PRODUCTION.—Subject to sub11 section (f) and paragraph (3), for each of fiscal

12 years 2000 through 2005, 50 percent of the funding

13 available for technical assistance, cost-sharing pay14 ments, and incentive payments under the environ15 mental quality incentives program shall be targeted

16 at practices relating to livestock production.

17 ‘‘(3) LIMITATION.—The Secretary is authorized

18 to allocate less than 50 percent of the total program

19 funding level for a fiscal year for practices relating

20 to crop or livestock production under paragraphs (1)

21 and (2), if the Secretary determines that the funding

22 level is not justified by need or demand.

23 ‘‘(d) CONSERVATION RESERVE PROGRAM.—Subject

24 to subsection (f), funding for the conservation reserve pro25 gram (including contracts extended by the Secretary pur-
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1 suant to section 1437 of the Food, Agriculture, Conserva2 tion, and Trade Act of 1990 (Public Law 101–624; 16

3 U.S.C. 3831 note)) shall be—

4 ‘‘(1) $1,805,000,000 for fiscal year 1996;

5 ‘‘(2) $1,804,000,000 for fiscal year 1997;

6 ‘‘(3) $1,485,000,000 for fiscal year 1998;

7 ‘‘(4) $1,345,000,000 for fiscal year 1999; and

8 ‘‘(5) $1,221,000,000 for each of fiscal years

9 2000 through 2005.

10 ‘‘(e) WETLANDS RESERVE PROGRAM.—Subject to

11 subsection (f), funding to carry out the wetlands reserve

12 program under subchapter C of chapter 1 of subtitle D

13 shall be $150,000,000 for each of fiscal years 1996

14 through 2005.

15 ‘‘(f) LIMITATION ON USE OF CCC FUNDS.—Subject

16 to subsection (c)(3) and notwithstanding any other law,

17 the Secretary shall allocate $2,060,000,000, of funds of

18 the Commodity Credit Corporation for each of fiscal years

19 1996 through 2005 to carry out the programs authorized

20 by chapters 1 and 2 of subtitle D.

21 ‘‘(g) PRORATION OF PAYMENTS.—If for any fiscal

22 year the Secretary has incurred total contractual obliga23 tions to make payments under all programs authorized

24 under subtitle D (other than chapter 3 of subtitle D) that

25 would exceed an amount of $2,060,000,000, the Secretary
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1 shall prorate all payments owed under subtitle D (other

2 than chapter 3 of subtitle D) for the fiscal year to ensure

3 that actual payments for the fiscal year do not exceed that

4 amount.

5 ‘‘SEC. 1242. ADMINISTRATION.

6 ‘‘(a) PLANS.—The Secretary shall, to the extent prac7 ticable, avoid duplication in—

8 ‘‘(1) the conservation plans required for—

9 ‘‘(A) highly erodible land conservation

10 under subtitle B;

11 ‘‘(B) the conservation reserve program es12 tablished under subchapter B of chapter 1 of

13 subtitle D; and

14 ‘‘(C) the wetlands reserve program estab15 lished under subchapter C of chapter 1 of sub16 title D; and

17 ‘‘(2) the environmental quality incentives pro18 gram plan required under chapter 2 of subtitle D.

19 ‘‘(b) TENANTS AND SHARECROPPERS.—In carrying

20 out the programs established under subtitle D, the Sec21 retary shall provide adequate safeguards to protect the in22 terests of tenants and sharecroppers, including provision

23 for sharing, on a fair and equitable basis, in payments

24 under a program established by subtitle D.

25 ‘‘(c) ACREAGE LIMITATION.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall not en2 roll more than 25 percent of the cropland in any

3 county in the programs administered under the con4 servation reserve and wetlands reserve programs es5 tablished under subchapters B and C, respectively,

6 of chapter 1 of subtitle D. Not more than 10 percent

7 of the cropland in a county may be subject to an

8 easement acquired under the subchapters.

9 ‘‘(2) EXCEPTION.—The Secretary may exceed

10 the limitations in paragraph (1) if the Secretary de11 termines that—

12 ‘‘(A) the action would not adversely affect

13 the local economy of a county; and

14 ‘‘(B) operators in the county are having

15 difficulties complying with conservation plans

16 implemented under section 1212.

17 ‘‘(3) SHELTERBELTS AND WINDBREAKS.—The

18 limitations established under this subsection shall

19 not apply to cropland that is subject to an easement

20 under chapter 1 or 3 of subtitle D that is used for

21 the establishment of shelterbelts and windbreaks.

22 ‘‘(d) REGULATIONS.—

23 ‘‘(1) CONSERVATION RESERVE AND WETLANDS

24 RESERVE PROGRAMS.—Not later than 90 days after

25 the effective date of this section, the Secretary shall
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1 issue regulations to implement the conservation re2 serve and wetlands reserve programs established

3 under chapter 1 of subtitle D.

4 ‘‘(2) ENVIRONMENTAL QUALITY INCENTIVES

5 PROGRAM.—Not later than 180 days after the effec6 tive date of this section, the Secretary shall issue

7 regulations to implement the environmental quality

8 incentives program under chapter 2 of subtitle D.

9 ‘‘SEC. 1243. CONSERVATION OPERATIONS.

10 ‘‘It is the sense of Congress that—

11 ‘‘(1) the functions performed by the Secretary

12 pursuant to the authority for Conservation Oper13 ations are valuable conservation activities that

14 should continue to be carried out by the Secretary;

15 and

16 ‘‘(2) the amount of funds made available to

17 carry out the functions of Conservation Operations

18 for each fiscal year should not be less than the

19 amount of funds made available to carry out those

20 functions during fiscal year 1995.

21 ‘‘SEC. 1244. INFORMATION MANAGEMENT.

22 ‘‘It is the sense of Congress that the Secretary should

23 develop information management techniques that are nec24 essary to create—
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1 ‘‘(1) individual farm or ranch natural resource

2 databases that would streamline the process by

3 which owners or operators apply to participate in a

4 conservation program administered by the Secretary;

5 and

6 ‘‘(2) to the extent practicable, develop a com7 mon application process for all conservation pro8 grams.’’.

9 SEC. 6. CONFORMING AMENDMENTS.

10 (a) AGRICULTURAL CONSERVATION PROGRAM.—

11 (1) ELIMINATION.—

12 (A) Section 8 of the Soil Conservation and

13 Domestic Allotment Act (16 U.S.C. 590h) is

14 amended—

15 (i) in subsection (b)—

16 (I) by striking paragraphs (1)

17 through (4) and inserting the follow18 ing:

19 ‘‘(1) ENVIRONMENTAL QUALITY INCENTIVES

20 PROGRAM.—The Secretary shall provide technical as21 sistance, cost share payments, and incentive pay22 ments to operators through the environmental qual23 ity incentives program in accordance with chapter 2

24 of subtitle D of the Food Security Act of 1985 (16

25 U.S.C. 3838 et seq.).’’; and
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1 (II) by striking paragraphs (6)

2 through (8); and

3 (ii) by striking subsections (d), (e),

4 and (f).

5 (B) The first sentence of section 11 of the

6 Soil Conservation and Domestic Allotment Act

7 (16 U.S.C. 590k) is amended by striking ‘‘per8 formance: Provided further,’’ and all that fol9 lows through ‘‘or other law’’ and inserting ‘‘per10 formance’’.

11 (C) Section 14 of the Act (16 U.S.C.

12 590n) is amended—

13 (i) in the first sentence, by striking

14 ‘‘or 8’’; and

15 (ii) by striking the second sentence.

16 (D) Section 15 of the Act (16 U.S.C.

17 590o) is amended—

18 (i) in the first undesignated para19 graph—

20 (I) in the first sentence, by strik21 ing ‘‘sections 7 and 8’’ and inserting

22 ‘‘section 7’’; and

23 (II) by striking the third sen24 tence; and
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1 (ii) by striking the second undesig2 nated paragraph.

3 (2) CONFORMING AMENDMENTS.—

4 (A) Paragraph (1) of the last proviso of

5 the matter under the heading ‘‘CONSERVATION

6 RESERVE PROGRAM’’ under the heading ‘‘SOIL

7 BANK PROGRAMS’’ of title I of the Department

8 of Agriculture and Farm Credit Administration

9 Appropriation Act, 1959 (72 Stat. 195; 7

10 U.S.C. 1831a) is amended by striking ‘‘Agricul11 tural Conservation Program’’ and inserting

12 ‘‘environmental quality incentives program es13 tablished under chapter 2 of subtitle D of the

14 Food Security Act of 1985 (16 U.S.C. 3838 et

15 seq.)’’.

16 (B) Section 4 of the Cooperative Forestry

17 Assistance Act of 1978 (16 U.S.C. 2103) is

18 amended by striking ‘‘as added by the Agri19 culture and Consumer Protection Act of 1973’’

20 each place it appears in subsections (d) and (i)

21 and inserting ‘‘as in effect before the amend22 ment made by section 6(a)(1)(F) of the Agri23 cultural Resources Conservation Act of 1995’’.

24 (C) Section 226(b)(4) of the Department

25 of Agriculture Reorganization Act of 1994 (7
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1 U.S.C. 6932(b)(4)) is amended by striking

2 ‘‘and the agricultural conservation program

3 under the Soil Conservation and Domestic Al4 lotment Act (16 U.S.C. 590g et seq.)’’.

5 (D) Section 246(b)(8) of the Department

6 of Agriculture Reorganization Act of 1994 (7

7 U.S.C. 6962(b)(8)) is amended by striking

8 ‘‘and the agricultural conservation program

9 under the Soil Conservation and Domestic Al10 lotment Act (16 U.S.C. 590g et seq.)’’.

11 (E) Section 1271(c)(3)(C) of the Food,

12 Agriculture, Conservation, and Trade Act of

13 1990 (16 U.S.C. 2106a(c)(3)(C)) is amended

14 by striking ‘‘Agricultural Conservation Program

15 established under section 16(b) of the Soil Con16 servation and Domestic Allotment Act (16

17 U.S.C. 590h, 590l, or 590p)’’ and inserting

18 ‘‘environmental quality incentives program es19 tablished under chapter 2 of subtitle D of the

20 Food Security Act of 1985 (16 U.S.C. 3838 et

21 seq.)’’.

22 (F) Section 126(a)(5) of the Internal Rev23 enue Code of 1986 is amended to read as fol24 lows:
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1 ‘‘(5) The environmental quality incentives pro2 gram established under chapter 2 of subtitle D of

3 the Food Security Act of 1985 (16 U.S.C. 3838 et

4 seq.).’’.

5 (G) Section 304(a) of the Lake Champlain

6 Special Designation Act of 1990 (Public Law

7 101–596; 33 U.S.C. 1270 note) is amended—

8 (i) in the subsection heading, by strik9 ing ‘‘SPECIAL PROJECT AREA UNDER THE

10 AGRICULTURAL CONSERVATION PRO11 GRAM’’ and inserting ‘‘A PRIORITY AREA

12 UNDER THE ENVIRONMENTAL QUALITY

13 INCENTIVES PROGRAM’’; and

14 (ii) in paragraph (1), by striking

15 ‘‘special project area under the Agricul16 tural Conservation Program established

17 under section 8(b) of the Soil Conservation

18 and Domestic Allotment Act (16 U.S.C.

19 590h(b))’’ and inserting ‘‘priority area

20 under the environmental quality incentives

21 program established under chapter 2 of

22 subtitle D of the Food Security Act of

23 1985 (16 U.S.C. 3838 et seq.)’’.
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1 (H) Section 6 of the Department of Agri2 culture Organic Act of 1956 (70 Stat. 1033) is

3 amended by striking subsection (b).

4 (b) GREAT PLAINS CONSERVATION PROGRAM.—

5 (1) ELIMINATION.—Section 16 of the Soil Con6 servation and Domestic Allotment Act (16 U.S.C.

7 590p) is repealed.

8 (2) CONFORMING AMENDMENTS.—

9 (A) The Agricultural Adjustment Act of

10 1938 is amended by striking ‘‘Great Plains pro11 gram’’ each place it appears in sections

12 344(f)(8) and 377 (7 U.S.C. 1344(f)(8) and

13 1377) and inserting ‘‘environmental quality in14 centives program established under chapter 2 of

15 subtitle D of the Food Security Act of 1985 (16

16 U.S.C. 3838 et seq.)’’.

17 (B) Section 246(b) of the Department of

18 Agriculture Reorganization Act of 1994 (7

19 U.S.C. 6962(b)) is amended by striking para20 graph (2).

21 (C) Section 126(a) of the Internal Revenue

22 Code of 1986 is amended—

23 (i) by striking paragraph (6); and
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1 (ii) by redesignating paragraphs (7)

2 through (10) as paragraphs (6) through

3 (9), respectively.

4 (c) COLORADO RIVER BASIN SALINITY CONTROL

5 PROGRAM.—

6 (1) ELIMINATION.—Section 202 of the Colo7 rado River Basin Salinity Control Act (43 U.S.C.

8 1592) is amended by striking subsection (c).

9 (2) CONFORMING AMENDMENT.—Section

10 246(b) of the Department of Agriculture Reorga11 nization Act of 1994 (7 U.S.C. 6962(b)) is amended

12 by striking paragraph (6).

13 (d) RURAL ENVIRONMENTAL CONSERVATION PRO14 GRAM.—

15 (1) ELIMINATION.—Title X of the Agricultural

16 Act of 1970 (16 U.S.C. 1501 et seq.) is repealed.

17 (2) CONFORMING AMENDMENTS.—Section

18 246(b) of the Department of Agriculture Reorga19 nization Act of 1994 (7 U.S.C. 6962(b)) (as amend20 ed by subsections (a)(2)(D), (b)(2)(B), and (c)(2)) is

21 further amended—

22 (A) by striking paragraph (1); and

23 (B) by redesignating paragraphs (3), (4),

24 (5), (7), and (8) as paragraphs (1), (2), (3),

25 (4), and (5), respectively.
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1 (e) HIGHLY ERODIBLE LAND CONSERVATION.—Sec2 tion 1212(e) of the Food Security Act of 1985 (16 U.S.C.

3 3812(e)) is amended by inserting after the first sentence

4 the following: ‘‘Ineligibility under section 1211 of a tenant

5 or sharecropper for benefits under section 1211 shall not

6 cause a landlord to be ineligible for the benefits for which

7 the landlord would otherwise be eligible with respect to

8 a commodity produced on lands other than the land oper9 ated by the tenant or sharecropper.’’.

10 (f) OTHER CONSERVATION PROVISIONS.—Subtitle F

11 of title XII of the Food Security Act of 1985 (16 U.S.C.

12 2005a and 2101 note) is repealed.

13 (g) COMMODITY CREDIT CORPORATION CHARTER

14 ACT.—

15 (1) The first sentence of section 4(g) of the

16 Commodity Credit Corporation Charter Act (15

17 U.S.C. 714b(g)) is amended by inserting before the

18 period at the end the following: ‘‘, except that the

19 total contractual obligations incurred under the

20 functions and programs established under subtitle D

21 of title XII of the Food Security Act of 1985 (16

22 U.S.C. 3830 et seq.) shall not exceed

23 $2,060,000,000 for any fiscal year’’.
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1 (2) Section 5(g) of the Commodity Credit Cor2 poration Charter Act (15 U.S.C. 714c(g)) is amend3 ed to read as follows:

4 ‘‘(g) Carry out the functions and programs estab5 lished under subtitle D of title XII of the Food Security

6 Act of 1985 (16 U.S.C. 3830 et seq.) at a funding level,

7 notwithstanding any other provision of law, that does not

8 exceed a total of $2,060,000,000 in any fiscal year for all

9 functions and programs combined.’’.

10 (h) RESOURCE CONSERVATION.—

11 (1) ELIMINATION.—Subtitles A, B, D, E, F, G,

12 and J of title XV of the Agriculture and Food Act

13 of 1981 (95 Stat. 1328; 16 U.S.C. 3401 et seq.) are

14 repealed.

15 (2) CONFORMING AMENDMENT.—Section 739

16 of the Agriculture, Rural Development, Food and

17 Drug Administration, and Related Agencies Appro18 priations Act, 1982 (7 U.S.C. 2272a) is repealed.

19 (i) WETLANDS RESERVE PROGRAM.—Section

20 1237(c) of the Food Security Act of 1985 (16 U.S.C.

21 3837(c)) is amended by striking ‘‘1991 through 2000’’

22 and inserting ‘‘1996 through 2005’’.

23 (j) ENVIRONMENTAL EASEMENT PROGRAM.—Section

24 1239(a) of the Food Security Act of 1985 (16 U.S.C.
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1 3839(a)) is amended by striking ‘‘1991 through 1995’’

2 and inserting ‘‘1996 through 2005’’.

3 SEC. 7. EFFECTIVE DATES.

4 (a) IN GENERAL.—Except as provided in subsection

5 (b), this Act and the amendments made by this Act shall

6 become effective on the later of—

7 (1) the date of enactment of this Act; or

8 (2) October 1, 1995.

9 (b) TRANSITION PROVISIONS.—

10 (1) IN GENERAL.—Section 1238I and 1242(d)

11 of the Food Security Act of 1985 (as added by sec12 tions 4 and 5, respectively, of this Act) shall become

13 effective on the date of enactment of this Act.

14 (2) 1991 THROUGH 1995 CALENDAR YEARS.—

15 Notwithstanding any other provision of law, this Act

16 and the amendments made by this Act shall not af17 fect the authority of the Secretary of Agriculture to

18 carry out a program for any of the 1991 through

19 1995 calendar years under a provision of law in ef20 fect immediately before the effective dates prescribed

21 by this section.

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