I
107TH CONGRESS
1ST SESSION
H. R. 33
To amend the Agricultural Market Transition Act to authorize a program
to encourage agricultural producers to rest and rehabilitate croplands
while enhancing soil and water conservation and wildlife habitat.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mr. BEREUTER introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To amend the Agricultural Market Transition Act to author-
ize a program to encourage agricultural producers to
rest and rehabilitate croplands while enhancing soil and
water conservation and wildlife habitat.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. HABITAT ENHANCEMENT ROTATION OPTION.
The Agricultural Market Transition Act is amended
by inserting after section 118 (7 U.S.C. 7218) the fol-
lowing new section:
‘‘SEC. 119. HABITAT ENHANCEMENT ROTATION OPTION.
‘‘(a) PROGRAM REQUIRED; PURPOSE.—The Sec-
retary of Agriculture shall establish a voluntary program,
to be known as the ‘Habitat Enhancement Rotation Op-
tion’, to encourage agricultural producers to rest and reha-
bilitate up to 25 percent of their contract acreage for the
purpose of enhancing soil and water conservation and pro-
viding wildlife habitat.
‘‘(b) PAYMENT
RATES
AND
PROGRAM
AGREE-
MENTS.—
‘‘(1) ESTABLISHMENT OF RATES.—Under the
Habitat Enhancement Rotation Option, the Sec-
retary shall establish the annual payment rates that
the Secretary will pay to producers who enroll con-
tract acreage into the program. The Secretary shall
base the payment rates for a county on the rental
payments and buffer bonuses used for comparable
land in the county enrolled under the environmental
conservation acreage reserve program.
‘‘(2) AGREEMENTS.—Subject to the availability
of funds to carry out the Habitat Enhancement Ro-
tation Option, the Secretary shall offer to enter into
agreements under the program at the annual pay-
ment rates established under paragraph (1).
‘‘(3) ELIGIBLE PRODUCERS.—A producer on a
farm is eligible to enroll contract acreage in the
Habitat Enhancement Rotation Option only if the
producer—
‘‘(A) is an owner or producer who is a
party to a production flexibility contract for
that farm; or
‘‘(B) after the expiration of such contract,
meets one of the eligibility categories described
in subsection (b) of section 111 and agrees to
comply with the conservation requirements and
wetland protection requirements referred to in
paragraphs (1) and (2) of subsection (a) of
such section.
‘‘(c) DURATION; EARLY TERMINATION.—
‘‘(1) DURATION; EXTENSION.—The term of an
agreement under the Habitat Enhancement Rotation
Option shall be at least two years, but may not ex-
ceed four years. An agreement may be extended for
an additional term by the further agreement of the
parties if the need for the program continues.
‘‘(2) TERMINATION.—In times of crop short-
ages, the Secretary may terminate or suspend agree-
ments under this section (or authorize producers to
terminate or suspend such agreements) and permit
the producers to return the withdrawn acreage to
crop production. The termination or suspension of
an agreement by the Secretary shall not change the
obligations of the Secretary with regard to payments
required under the agreement. The Secretary shall
make any decision to terminate or suspend agree-
ments (or to authorize producers to terminate or
suspend such agreements) at such time in advance
of planting so as to permit the producers to secure
crop insurance for the crop to be planted.
‘‘(d) USE OF COVER CROPS.—
‘‘(1) AUTHORIZED COVER CROPS.—A producer
subject to an agreement under this section shall
plant the enrolled acreage to a soil conservation and
wildlife enhancing cover crop. The cover crops au-
thorized for enrolled acreage in a county shall be de-
termined by the Natural Resources Conservation
Service State Conservationist in consultation with
the State Technical Committee. The producer shall
incorporate the cover crop into the present rotation
schedule for the farm, thus enhancing and con-
serving the cropland.
‘‘(2) GRAZING.—The Secretary shall permit
limited grazing on the enrolled acreage, where such
grazing is incidental to the gleaning of crop residues
on adjacent fields. The cover crop may not be grazed
during the five principal growing months, as deter-
mined by the Secretary.
‘‘(e) SUPPLEMENTAL PROGRAM.—The Habitat En-
hancement Rotation Option is in addition to all other farm
program authority of the Secretary. Payments received by
producers under the agreements are in addition to any
other payments they may be eligible to receive from the
Secretary.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.’’.
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