I
104TH CONGRESS
1ST SESSION
H. R. 2284
To provide incentives for the owners and operators of agricultural land to
provide habitat for protected species.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 7, 1995
Mr. POMBO introduced the following bill; which was referred to the Committee
on Agriculture, and in addition to the Committee on Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To provide incentives for the owners and operators of
agricultural land to provide habitat for protected species.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONSERVATION HABITAT RESERVE PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall enter into
contracts in accordance with this section with owners and
operators of lands suitable for conservation habitat, under
which the owners and operators manage the land for the
protection of protected species in exchange for cash pay-
ments from the Secretary.
(b) CONTRACT REQUIREMENTS.—
(1) DUTIES OF OWNERS AND OPERATORS.—
(A) IN GENERAL.—Each contract entered
into under this section with respect to land
shall obligate the owner or operator of the
land—
(i) to implement a plan approved by
the Secretary, in consultation with the Sec-
retary of the Interior, for management of
the land;
(ii) not to use the land in a manner
that is inconsistent with the purpose of the
contract; and
(iii) on the violation of a term or con-
dition of the contract at any time the
owner or operator has control of the
land—
(I) to forfeit all rights to receive
rental payments and management fees
under the contract, if the Secretary,
after considering the recommenda-
tions of the Secretary of the Interior,
determines that the violation warrants
termination of the contract; or
(II) to refund to the Secretary,
or accept adjustments to, the rental
payments and management fees pro-
vided to the owner or operator, as the
Secretary considers appropriate, if the
Secretary, after considering the rec-
ommendations of the Secretary of the
Interior, determines that the violation
does not warrant termination of the
contract.
(B) CONTENTS
OF
PLAN.—The plan re-
ferred to in subparagraph (A)(i) shall set
forth—
(i) the management practices to be
carried out by the owner or operator of the
land; and
(ii) any permitted use of the land.
(2) DUTIES OF THE SECRETARY.—Each con-
tract entered into under this section shall obligate
the Secretary—
(A) to pay the cost of carrying out the
management measures and practices set forth
in the contract, to the extent that the Secretary
determines is appropriate and in the public in-
terest;
(B) for a period of years not in excess of
the term of the contract, to pay an annual rent-
al payment in an amount necessary to com-
pensate for the conversion of the land to, or use
of the land for, conservation habitat; and
(C) to provide technical assistance and
management training to assist the owner or op-
erator in carrying out the contract.
(3) DURATION.—Each contract entered into
under this section shall be for a term of not fewer
than 5 years and not greater than 10 years.
(c) OTHER RULES APPLICABLE TO CONTRACTS.—
(1) MODIFICATION.—The Secretary may modify
a contract entered into with an owner or operator
under this section if the owner or operator agrees to
the modification.
(2) 
RENEWAL.—Notwithstanding 
subsection
(g)(3)(C), the Secretary may renew a contract en-
tered into under this section only if, at the time the
contract would otherwise expire, a protected species
is occupying the land subject to the contract.
(3) TERMINATION.—The Secretary may termi-
nate a contract entered into with an owner or opera-
tor under this section if—
(A) the owner or operator agrees to the
termination; and
(B) the Secretary determines that the ter-
mination would be in the public interest.
(4) EFFECT OF TRANSFER OF OWNERSHIP OF
LAND.—If, during the term of a contract entered
into under this section, an owner or operator of land
subject to the contract sells or otherwise transfers
the ownership or right of occupancy of the land, the
new owner or operator of the land may—
(A) 
notwithstanding 
subsection
(g)(3)(C)—
(i) continue the contract under the
same terms or conditions; or
(ii) enter into a new contract in ac-
cordance with this section; or
(B) elect not to participate in the program
established under this section.
(d) LIMITATIONS.—
(1) COUNTY IMPACT.—The Secretary shall not,
at any one time, have in effect under this section
contracts with respect to more than 25 percent of
the land or water in any one county, except to the
extent that the Secretary determines that doing so
would not adversely affect the local economy of the
county.
(2) RECENT CHANGES IN OWNERSHIP.—
(A) 3-YEAR
RULE.—The Secretary may
not, on any date, enter into a contract under
this section with respect to land the ownership
of which has changed in the immediately pre-
ceding 3-year period.
(B) 
EXCEPTIONS.—Subparagraph 
(A)
shall not apply to a change of ownership if—
(i) the change of ownership occurred
by reason of the operation of a will or by
succession as a result of the death of the
previous owner;
(ii) the change of ownership occurred
before January 1, 1995; or
(iii) the Secretary determines that the
change of ownership occurred under cir-
cumstances which give adequate assurance
that the land was not acquired for the pur-
pose of placement in the program estab-
lished under this section.
(C) RULES
OF
INTERPRETATION.—Sub-
paragraph (A) shall not be construed to—
(i) prohibit a new owner of land from
electing to assume the obligations of the
previous owner under a contract entered
into under this section with respect to the
land, and otherwise continue the contract
in effect; or
(ii) require a person, as a condition of
eligibility to enter into a contract under
this section with respect to land, to own
the land if the person—
(I) has operated the land for at
least 3 years preceding the date of the
contract or since January 1, 1995,
whichever is later; and
(II) will control the land for the
duration of the contract.
(e) PAYMENTS.—
(1) DETERMINATION OF AMOUNT.—
(A) INCENTIVE
TO
PARTICIPATION.—In
determining the amount of annual rental pay-
ments to be paid under contracts entered into
under this section, the Secretary may consider,
among other things, the amount necessary to
encourage owners or operators to participate in
the program established by this section.
(B) USE OF BIDS.—The Secretary may de-
termine the amounts payable to owners or oper-
ators in the form of rental payments under con-
tracts entered into under this section, through
the submission of bids in such manner as the
Secretary may prescribe.
(2) TIMING.—
(A) IN
GENERAL.—The Secretary shall
provide payment for obligations incurred by the
Secretary under a contract entered into under
this section—
(i) with respect to any cost for man-
agement incurred by the Secretary, as soon
as possible after the obligation is incurred;
and
(ii) with respect to any annual rental
payment obligation incurred by the Sec-
retary—
(I) as soon as practicable after
October 1 of each calendar year; or
(II) at the discretion of the Sec-
retary, at any time before such date
during the year that the obligation is
incurred.
(B) AUTHORITY TO MAKE PAYMENTS BE-
FORE DETERMINING PERFORMANCE.—The Sec-
retary may make payments under this section
before determining performance.
(3) PAYMENTS
TO
THIRD
PARTIES.—If an
owner or operator who is entitled to a payment
under a contract entered into under this section
dies, becomes incompetent, is otherwise unable to re-
ceive the payment, or is succeeded by another person
who renders or completes the performance required
of the owner or operator under the contract, the
Secretary shall make the payment, in accordance
with regulations prescribed by the Secretary and
without regard to any other provision of law, in such
manner as the Secretary determines is fair and rea-
sonable in light of all of the circumstances.
(4) NO EFFECT ON OTHER PAYMENTS.—Rental
payments received by an owner or operator under
this section shall be in addition to, and shall not af-
fect, the total amount of payments that the owner
or operator is otherwise eligible to receive under this
section, the Agricultural Act of 1949, or other Fed-
eral law.
(f) CONSULTATION WITH THE SECRETARY OF THE
INTERIOR.—The Secretary shall consult with the Sec-