I
104TH CONGRESS
1ST SESSION
H. R. 2496
To amend the wetland conservation provisions of the Food Security Act
of 1985 to assist agricultural producers in receiving prompt and fair
resolution of complaints alleging producer violations of such provisions
and to limit the application of the program ineligibility sanction to
the farm on which a violation of such provisions occurs.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 1995
Mr. BUYER (for himself, Mr. BURTON of Indiana, Mr. HAMILTON, Mr. JA-
COBS, Mr. BEREUTER, and Mr. BRYANT of Tennessee) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture
A BILL
To amend the wetland conservation provisions of the Food
Security Act of 1985 to assist agricultural producers
in receiving prompt and fair resolution of complaints
alleging producer violations of such provisions and to
limit the application of the program ineligibility sanction
to the farm on which a violation of such provisions
occurs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF WETLAND CONSERVATION
PROVISIONS.
(a) AUTHORITY
OF STATE DIRECTOR TO WAIVE
FINES AND PENALTIES.—Section 1222 of the Food Secu-
rity Act of 1985 (16 U.S.C. 3822) is amended—
(1) by redesignating subsections (i) and (j) as
subsection (j) and (k), respectively; and
(2) by inserting after subsection (h) the follow-
ing new subsection:
‘‘(i) ADDITIONAL GOOD FAITH EXEMPTION.—The
executive director of a State committee appointed by the
Secretary under section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(d)) may
waive or reduce the extent of a person’s ineligibility for
program benefits proposed or imposed under section 1221,
or any fine or reduction in program benefits proposed or
imposed in lieu of program ineligibility, in connection with
a violation of section 1221 in that State if the executive
director determines that the violation involves not more
than five acres and the person acted in good faith without
the intention to violate such section. An executive director
shall make a determination under this subsection in con-
sultation with the county or area committee established
for the county or area in which the alleged violation oc-
curred.’’.
(b) CONTINUATION OF FARMING PRACTICES PEND-
ING APPEAL.—Section 1221 of such Act (16 U.S.C. 3821)
is amended by adding at the end the following new sub-
section:
‘‘(c) CONTINUATION OF FARMING PRACTICES PEND-
ING APPEAL.—During the course of making a determina-
tion regarding the violation of this subtitle, and during
the course of any review of such a determination, the Sec-
retary may not prohibit or seek to prevent the person ac-
cused of the violation from raising an agricultural com-
modity on, or otherwise manipulating, the land that is the
subject of the determination unless the person deviates
from previous farming practices used with respect to the
land.’’.
(c) USE OF CERTIFIED MAIL TO PROVIDE NOTICE
OF VIOLATIONS.—Section 1221 of such Act (16 U.S.C.
3821) is further amended by inserting after subsection (c),
as added by subsection (b) of this section, the following
new subsection:
‘‘(d) NOTICE OF VIOLATIONS.—The Secretary shall
use certified mail to promptly notify a person who is al-
leged to be in violation of this section.’’.
(d) PROGRAM INELIGIBILITY LIMITED TO VIOLATING
FARM.—
(1) PRODUCTION ON CONVERTED WETLAND.—
Subsection (a) of section 1221 of such Act (16
U.S.C. 3821) is amended—
(A) in paragraph (1), by inserting ‘‘on the
farm containing such converted wetland’’ after
‘‘crop year’’ in the matter preceding the sub-
paragraphs;
(B) in paragraph (2), by inserting ‘‘pro-
duced on the farm containing such converted
wetland and’’ after ‘‘agricultural commodity’’;
and
(C) in paragraph (3), by inserting ‘‘with
respect to the farm containing such converted
wetland’’ after ‘‘crop year’’ in the matter pre-
ceding the subparagraphs.
(2) CONVERSION OF WETLAND.—Subsection (b)
of such section is amended by inserting ‘‘with re-
spect to the farm on which the wetland conversion
occurs’’ before the period at the end.
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