I

104TH CONGRESS

1ST SESSION H. R. 67

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

JANUARY 4, 1995

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. SHORT TITLE.

4 This Act may be cited as the ‘‘Conservation Reserve

5 Program Reform Act of 1995’’.

6 SEC. 2. EXTENSION OF ENVIRONMENTAL CONSERVATION

7 ACREAGE RESERVE PROGRAM.

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

9 Food Security Act of 1985 are each amended by striking

10 ‘‘1995’’ and inserting ‘‘2005’’:

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

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

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

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

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

16 (5) Section 1232(c) (16 U.S.C. 3832(c)).
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1 (6) Section 1238B(a)(1) (16 U.S.C.

2 3838b(a)(1)).

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

4 3838b(a)(2)).

5 (8) Section 1238B(a)(11) (16 U.S.C.

6 3838b(a)(2)).

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

8 (b) WETLANDS RESERVE PROGRAM.—Section

9 1237(c) of such Act (16 U.S.C. 3837(c)) is amended by

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

11 SEC. 3. AUTHORITY TO MODIFY OR EXTEND CONTRACTS.

12 (a) IN GENERAL.—Subchapter B of chapter 1 of sub13 title D of title XII of the Food Security Act of 1985 (16

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

15 1235A the following:

16 ‘‘SEC. 1235B. CONVERSION OF LAND SUBJECT TO CON17 TRACT TO OTHER USES.

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

19 of a contract entered into under this subchapter with re20 spect to environmentally sensitive land (as defined by the

21 State conservation review committee established under

22 section 1261 in the State in which the land is located,

23 or until such committee is formed, the State technical

24 working group), the Secretary shall extend the duration

25 of the contract, or modify the terms of the contract, in
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1 accordance with this section. The Secretary shall place a

2 priority on extending or modifying under this section con3 tracts entered into under this subchapter in such a way

4 as to enable owners and operators to comply with the ap5 plicable plan referred to in section 1232(a)(1).

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

7 Secretary shall permit an owner or operator who has en8 tered into a contract under this subchapter that is in effect

9 on the date of the enactment of this section—

10 ‘‘(1) before the expiration of the contract, to re11 move land (including partial fields) from enrollment

12 in the conservation reserve established under this

13 subchapter if—

14 ‘‘(A) the land is not highly erodible crop15 land;

16 ‘‘(B) the Soil Conservation Service has

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

18 or III(c), and the land is covered by a conserva19 tion plan approved by the local conservation

20 district (or, if the land is not within a conserva21 tion district, a plan approved by the Secretary)

22 that limits the soil erosion to such land to not

23 more than the soil loss tolerance level referred

24 to in section 1201(a)(7)(A)(ii); or
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1 ‘‘(C) the land is replaced by land of the

2 same owner that, according to the local con3 servation district or the Secretary, is more envi4 ronmentally sensitive;

5 ‘‘(2) before the expiration of the contract, to re6 enroll in the reserve for not more than 10 years por7 tions of land enrolled in the reserve if—

8 ‘‘(A) the land will remain planted to per9 manent cover and devoted to filter strips, field

10 borders, waterways, terraces, wildlife corridors,

11 well-head protection; buffer strips adjacent to

12 rivers, streams, lakes, wetlands, water retention

13 structures, or any other conservation purpose

14 that the Secretary deems appropriate; and

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

16 land will not contribute to erosion in excess of

17 the soil loss tolerance level referred to in section

18 1201(a)(7)(A)(ii);

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

20 enter into negotiations with the Secretary to receive

21 reduced annual rental payments in exchange for per22 mission to allow limited uses (as defined by the

23 State conservation review committee established

24 under section 1261 in the State in which the land

25 is located, or until such committee is formed, the
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1 State technical working group) on enrolled land, in2 cluding haying, grazing, seed production, production

3 of bio-mass, timber, or such other uses as the Sec4 retary may deem appropriate; or

5 ‘‘(4) upon expiration of the contract, to retain

6 or transfer cropland bases, with respect to crops for

7 which there is a production adjustment program, to

8 other lands, as long as enrolled croplands remain in

9 permanent cover.

10 ‘‘(c) LIMITATION ON ANNUAL RENTAL PAYMENT

11 FOR RE-ENROLLED LAND OR LAND PERMITTED TO BE

12 DEVOTED TO LIMITED USES.—Annual rental payments

13 made under this subchapter with respect to land that is

14 the subject of an agreement entered into pursuant to para15 graph (2) or (3) of subsection (b) shall not exceed an

16 amount equal to 80 percent of the annual rental payment

17 made under this subchapter with respect to the land for

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

19 takes effect.’’.

20 (b) CONFORMING AMENDMENT.—Section 1232(a)(7)

21 of such Act (16 U.S.C. 3832(a)(7)) is amended by insert22 ing ‘‘except to the extent authorized under section

23 1235B,’’ after ‘‘(7)’’.
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1 (c) STATE CONSERVATION REVIEW COMMITTEES.—

2 Subtitle G of title XII of the Food Security Act of 1985

3 (16 U.S.C. 3861–3862) is amended—

4 (1) in the subtitle heading, by striking

5 ‘‘TECHNICAL’’ and inserting ‘‘CONSERVA6 TION REVIEW’’;

7 (2) by striking ‘‘technical committee’’ each

8 place such term appears and inserting ‘‘conservation

9 review committee’’; and

10 (3) in section 1261(c)—

11 (A) by amending paragraph (2) to read as

12 follows:

13 ‘‘(2) the State committee appointed under sec14 tion 8(b)(5)(A) of the Soil Conservation and Domes15 tic Allotment Act;’’; and

16 (B) by amending paragraph (5) to read as

17 follows:

18 ‘‘(5) 3 agricultural producers nominated by the

19 State committee referred to in paragraph (2);’’.

20 SEC. 4. DEMONSTRATION PROJECTS.

21 (a) GRANT AUTHORITY.—

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

23 may make grants to producers of agricultural com24 modities to retain land in the conservation reserve

25 established under subchapter B of chapter 1 of sub-
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1 title D of title XII of the Food Security Act of 1985,

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

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

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

5 approved by the State conservation review committee

6 established under section 1261 of such Act in the

7 State in which the land is located or until such com8 mittee is formed, the State technical working group.

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

10 not select more than 3 sites in each State with re11 spect to which grants are to be made under para12 graph (1).

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

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

15 shall evaluate the economic and environmental effects of

16 the uses to which grants under subsection (a) have been

17 put, and shall submit to the Congress a report that con18 tains the findings of the Secretary.

19 (c) LIMITATIONS ON AUTHORIZATION OF APPRO20 PRIATIONS.—For grants under subsection (a), there are

21 authorized to be appropriated to the Secretary not more

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

23 1998.

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