Sec. 301. Definitions applicable to highly erodible
cropland
conservation.
Subtitle B--Highly Erodible Land Conservation
Sec. 311. Program ineligibility.
Sec. 312. Conservation reserve lands.
Sec. 313. Good faith exemption.
Sec. 314. Expedited procedures for granting variances
from conservation
plans.
Sec. 315. Development and implementation of conservation
plans and
conservation
systems.
Sec. 316. Investigation of possible compliance deficiencies.
Sec. 317. Wind erosion estimation pilot project.
Subtitle C--Wetland Conservation
Sec. 321. Program ineligibility.
Sec. 322. Delineation of wetlands; exemptions to
program ineligibility.
Sec. 323. Consultation and cooperation requirements.
Sec. 324. Application of program ineligibility to
affiliated persons.
Sec. 325. Clarification of definition of agricultural
lands in
memorandum
of agreement.
Sec. 326. Effective date.
Subtitle D--Environmental Conservation Acreage Reserve Program
Sec. 331. Environmental conservation acreage reserve
program.
Sec. 332. Conservation reserve program.
Sec. 333. Wetlands reserve program.
Sec. 334. Environmental quality incentives program.
Sec. 335. Conservation farm option.
Sec. 336. Repeal of superseded authorities.
Subtitle E--Conservation Funding and Administration
Sec. 341. Conservation funding and administration.
Sec. 342. State technical committees.
Sec. 343. Public notice and comment for revisions
to certain State
technical
guides.
Subtitle F--National Natural Resources Conservation Foundation
Sec. 351. Short title.
Sec. 352. Definitions.
Sec. 353. National Natural Resources Conservation
Foundation.
Sec. 354. Composition and operation.
Sec. 355. Officers and employees.
Sec. 356. Corporate powers and obligations of the
Foundation.
Sec. 357. Administrative services and support.
Sec. 358. Audits and petition of Attorney General
for equitable relief.
Sec. 359. Release from liability.
Sec. 360. Authorization of appropriations.
Sec. 371. Office of International Forestry.
Sec. 372. Cooperative work for protection, management,
and improvement
of National
Forest System.
Sec. 373. Forestry incentives program.
Sec. 374. Optional State grants for forest legacy
program.
Subtitle H--Miscellaneous Conservation Provisions
Sec. 381. Conservation activities of Commodity Credit
Corporation.
Sec. 382. Floodplain easements.
Sec. 383. Resource conservation and development
program.
Sec. 384. Repeal of report requirement.
Sec. 385. Flood risk reduction.
Sec. 386. Conservation of private grazing land.
Sec. 387. Wildlife habitat incentives program.
Sec. 388. Farmland protection program.
Sec. 389. Interim moratorium on bypass flows.
Sec. 390. Everglades ecosystem restoration.
Sec. 391. Agricultural air quality research oversight.
TITLE III--CONSERVATION
SEC. 301. DEFINITIONS APPLICABLE TO HIGHLY ERODIBLE
CROPLAND
CONSERVATION.
(a) Conservation Plan and Conservation System.--Section
1201(a) of
the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended--
(1) by redesignating paragraphs (2) through (16) as
paragraphs (4) through (18),
respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Conservation plan.--The term `conservation plan' means
the document that--
``(A) applies to highly erodible cropland;
``(B) describes the conservation system applicable
to the highly erodible cropland and describes the
decisions of the person with respect to location, land
use, tillage systems, and conservation treatment
measures and schedule; and
``(C) is approved by the local soil conservation
district, in consultation with the local committees
established under section 8(b)(5) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)) and the Secretary, or by the Secretary.
``(3) Conservation system.--The term `conservation system'
means a combination of 1
or more conservation measures or
management practices that--
``(A) are based on local resource conditions,
available conservation technology, and the standards and
guidelines contained in the Natural Resources
Conservation Service field office technical guides; and
``(B) are designed to achieve, in a cost effective
and technically practicable manner, a substantial
reduction in soil erosion or a substantial improvement
in soil conditions on a field or group of fields
containing highly erodible cropland when compared to the
level of erosion or soil conditions that existed before
the application of the conservation measures and
management practices.''.
(b) Field.--Section 1201(a) of the Food Security
Act of <<NOTE: 16
USC 3801.>> 1985 is amended by striking paragraph (7) (as redesignated
by subsection (a)(1)) and inserting the following:
``(7) Field.--The term `field' means a part of a farm that
is separated from the balance
of the farm by permanent
boundaries such as fences,
roads, permanent waterways, or other
similar features. At the
option of the owner or operator of the
farm, croplines may also
be used to delineate a field if farming
practices make it probable
that the croplines are not subject to
change. Any highly erodible
land on which an agricultural
commodity is produced after
December 23, 1985, and that is not
exempt under section 1212,
shall be considered as part of the
field in which the land
was included on December 23, 1985,
unless the owner and Secretary
agree to modification of the
boundaries of the field
to carry out this title.''.
(c) Highly Erodible Land.--Section 1201(a)(9) of
the Food Security
Act of 1985 (as redesignated by subsection (a)(1)) is amended by adding
at the end the following:
``(C) <<NOTE: Federal Register,
publication.>> Equations.--Not later than 60 days after
the date of enactment of this subparagraph, the
Secretary shall publish in the Federal Register the
universal soil loss equation and wind erosion equation
used by the Department of Agriculture as of that date.
The Secretary may not change the equations after that
date except following notice and comment in a manner
consistent with section 553 of title 5, United States
Code.''.
(d) Conforming Amendments.--Section 1212 of the Food
Security Act of
1985 (16 U.S.C. 3812) is amended--
(1) in the first sentence of subsection (a)(2), by striking
``that documents'' and all
that follows through ``by the
Secretary'';
(2) in subsection (c)(3), by striking ``based on'' and all
that follows through ``and
the Secretary,'' and inserting ``, in
which case,'';
(3) in subsection (e)(1)(A), by striking ``conservation
compliance plan'' and inserting
``conservation plan''; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``that documents''
and all that follows through ``under subsection (a)'';
(B) in paragraph (3), by striking ``prepared under
subsection (a)''; and
(C) in paragraph (4), by striking ``that documents''
and all that follows through ``subsection (a)''.
Subtitle B--Highly Erodible Land Conservation
SEC. 311. PROGRAM INELIGIBILITY.
<<NOTE: Effective date.>> Effective 90
days after the date of
enactment of this Act, section 1211 of the Food Security Act of 1985
(16
U.S.C. 3811) is amended--
(1) in the matter preceding paragraph (1), by striking
``following the date of
enactment of this Act,'';
(2) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) contract payments under a production
flexibility contract, marketing assistance loans, and
any type of price support or payment made available
under the Agricultural Market Transition Act, the
Commodity Credit Corporation Charter Act (15 U.S.C. 714
et seq.), or any other Act;'';
(B) by striking subparagraph (C);
(C) in subparagraph (D), by striking ``made under''
and all that follows through ``August 14, 1989'';
(D) in subparagraph (E), by striking ``Farmers Home
Administration'' and inserting ``Consolidated Farm
Service Agency''; and
(E) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(3) by striking paragraph (3) and inserting the following:
``(3) during the crop year--
``(A) a payment made pursuant to a contract entered
into under the environmental quality incentives program
under chapter 4 of subtitle D;
``(B) a payment under any other provision of
subtitle D;
``(C) a payment under section 401 or 402 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 and
2202); or
``(D) a payment, loan, or other assistance under
section 3 or 8 of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1003 and 1006a).''.
SEC. 312. CONSERVATION RESERVE LANDS.
Section 1212(a)(3) of the Food Security Act of 1985
(16 U.S.C.
3812(a)(3)) is amended by striking ``shall, if the conservation plan
established under this subtitle for such land requires structures to
be
constructed,'' and inserting ``shall only be required to apply
a conservation plan established under this subtitle. The person shall
not be required to meet a higher conservation standard than the standard
applied to other highly erodible cropland located within the same area.
If the person's conservation plan requires structures to be constructed,
the person shall''.
SEC. 313. GOOD FAITH EXEMPTION.
(a) Grace Period To Resume Conservation Compliance.--Section
1212(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3812(f)(1))
is
amended--
(1) by striking ``Except to the extent provided in paragraph
(2), no'' and inserting
``No''; and
(2) by striking ``such person has--'' and all that follows
through the period at the
end of subparagraph (B) and inserting
the following: ``the person
has acted in good faith and without
an intent to violate this
subtitle. A person who meets the
requirements of this paragraph
shall be allowed a reasonable
period of time, as determined
by the Secretary, but not to
exceed 1 year, during which
to implement the measures and
practices necessary to be
considered to be actively applying the
person's conservation plan.''.
(b) Special Penalties Regarding Certain Highly Erodible
Cropland.--
Section 1212(f)(2) of the Food Security Act of 1985 (16 U.S.C.
3812(f)(2)) is amended by striking ``meets the requirements of paragraph
(1)'' and inserting ``with respect to highly erodible cropland that
was
not in production prior to December 23, 1985, and has acted in good
faith and without an intent to violate the provisions''.
(c) Conforming Amendment.--Section 1212(f)(4) of
the Food Security
Act of 1985 (16 U.S.C. 3812(f)(4)) is amended by striking the last
sentence.
SEC. 314. EXPEDITED PROCEDURES FOR GRANTING VARIANCES
FROM CONSERVATION
PLANS.
Section 1212(f) of the Food Security Act of 1985
(16 U.S.C.
3812(f)(4)) is amended--
(1) in paragraph (4)(C), by striking ``problem'' and
inserting ``problem, including
weather, pest, and disease
problems''; and
(2) by adding at the end the following:
``(5) Expedited procedures for temporary variances.--After
consultation with local
conservation districts, the Secretary
shall establish expedited
procedures for the consideration and
granting of temporary variances
under paragraph (4)(C). If the
request for a temporary
variance under paragraph (4)(C) involves
the use of practices or
measures to address weather, pest, or
disease problems, the Secretary
shall make a decision on whether
to grant the variance during
the 30-day period beginning on the
date of receipt of the request.
If the Secretary fails to render
a decision during the period,
the temporary variance shall be
considered granted.''.
SEC. 315. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION
PLANS AND
CONSERVATION SYSTEMS.
(a) Development and Implementation.--The Food Security
Act of 1985
is amended--
(1) by redesignating section 1213 (16 U.S.C. 3813) as
section 1214; and
(2) by inserting after section 1212 (16 U.S.C. 3812) the
following:
``SEC. 1213. <<NOTE: 16 USC 3812a.>> DEVELOPMENT AND IMPLEMENTATION
OF
CONSERVATION PLANS AND CONSERVATION SYSTEMS.
``(a) Technical Requirements.--In connection with
the standards and
guidelines contained in Natural Resources Conservation Service field
office technical guides applicable to the development and use of
conservation measures and management practices as part of a conservation
system, the Secretary shall ensure that the standards and guidelines
permit a person to use a conservation system that--
``(1) is technically and economically feasible;
``(2) is based on local resource conditions and available
conservation technology;
``(3) is cost-effective; and
``(4) does not cause undue economic hardship on the person
applying the conservation
system under the person's conservation
plan.
``(b) Measurement of Erosion Reduction.--For the
purpose of
determining whether there is a substantial reduction in soil erosion
on
a field containing highly erodible cropland, the measurement of erosion
reduction achieved by the application of a conservation system under
a
person's conservation plan shall be based on the estimated annual level
of erosion at the time of the measurement compared to the estimated
annual level of erosion that existed before the implementation of the
conservation measures and management practices provided for in the
conservation system.
``(c) Residue Measurement.--
``(1) Responsibilities of the secretary.--For the purpose of
measuring the level of residue
on a field, the Secretary shall--
``(A) take into account any residue incorporated
into the top 2 inches of soil, as well as the growing
crop, in the measurement;
``(B) provide technical guidelines for acceptable
residue measurement methods;
``(C) provide a certification system for third
parties to perform residue measurements; and
``(D) provide for the acceptance and use of
information and data voluntarily provided by the
producer regarding the field.
``(2) Acceptance of producer measurements.--Annual residue
measurements supplied by
a producer (including measurements
performed by a certified
third party) shall be used by the
Secretary if the Secretary
determines that the measurements
indicate that the residue
level for the field meets the level
required under the conservation
plan.
``(d) Certification of Compliance.--
``(1) In general.--For the purpose of determining the
eligibility of a person
for program benefits specified in
section 1211 at the time
application is made for the benefits,
the Secretary shall permit
the person to certify that the person
is complying with the person's
conservation plan.
``(2) Status reviews.--If a person makes a certification
under paragraph (1), the
Secretary shall not be required to
carry out a review of the
status of compliance of the person
with the conservation plan
under which the conservation system
is being applied.
``(3) Revisions and modifications.--The Secretary shall
permit a person who makes
a certification under paragraph (1)
with respect to a conservation
plan to revise the conservation
plan in any manner, if the
same level of conservation treatment
provided for by the conservation
system under the person's
conservation plan is maintained.
The Secretary may not revise
the person's conservation
plan without the concurrence of the
person.
``(e) Technical Assistance.--The Secretary shall,
using available
resources and consistent with the Secretary's other conservation
responsibilities and objectives, provide technical assistance to a
person throughout the development, revision, and application of the
conservation plan and any conservation system of the person. At the
request of the person, the Secretary may provide technical assistance
regarding conservation measures and management practices for other
lands
of the person that do not contain highly erodible cropland.
``(f) Encouragement of On-Farm Research.--To encourage
on-farm
conservation research, the Secretary may allow a person to include
in
the person's conservation plan or a conservation system under the plan,
on a field trial basis, practices that are not currently approved but
that the Secretary considers have a reasonable likelihood of success.''.
(b) Treatment of Technical Determinations.--Section
226(d)(2) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6932(d)(2)) is amended--
(1) by striking ``determination.--With'' and inserting
``determination.--
``(A) In general.--With''; and
(2) by adding at the end the following:
``(B) Economic hardship.--After a technical
determination has been made, on a producer's request, if
a county or area committee determines that the
application of the producer's conservation system would
impose an undue economic hardship on the producer, the
committee shall provide the producer with relief to
avoid the hardship.''.
SEC. 316. INVESTIGATION OF POSSIBLE COMPLIANCE DEFICIENCIES.
Subtitle B of title XII of the Food Security Act
of 1985 (as amended
by section 315(a)(1)) is amended by adding at the end the following:
``SEC. 1215. <<NOTE: 16 USC 3814.>> NOTICE AND INVESTIGATION OF
POSSIBLE
COMPLIANCE DEFICIENCIES.
``(a) In General.--An employee of the Department
of Agriculture who
observes a possible compliance deficiency or other potential violation
of a conservation plan or this subtitle while providing on-site
technical assistance shall provide to the responsible persons, not
later
than 45 days after observing the possible violation, information
regarding actions needed to comply with the plan and this subtitle.
The
employee shall provide the information in lieu of reporting the
observation as a compliance violation.
``(b) Corrective Action.--The responsible persons
shall attempt to
correct the deficiencies as soon as practicable after receiving the
information.
``(c) Review.--If the corrective action is not fully
implemented not
later than 1 year after the responsible persons receive the information,
the Secretary may conduct a review of the status of compliance of the
persons with the conservation plan and this subtitle.''.
SEC. 317. <<NOTE: 16 USC 3811 note.>> WIND EROSION
ESTIMATION PILOT
PROJECT.
(a) In General.--The Secretary of Agriculture shall
conduct a pilot
project to review, and modify as appropriate, the use of wind erosion
factors under the highly erodible conservation requirements of subtitle
B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et
seq.).
(b) Selection of Counties and Producers.--The pilot
project shall be
conducted for producers in those counties that--
(1) have approximately 100 percent of their cropland
determined to be highly
erodible under title XII of the Act;
(2) have a reasonable likelihood that the use of wind
erosion factors under title
XII of the Act have resulted in an
inequitable application
of the highly erodible land requirements
of title XII of the Act;
and
(3) if the use of the land classification system under
section 1201(a)(9)(A) of
the Act (as redesignated by section
301(a)(1)) may result in
a more accurate delineation of the
cropland.
(c) Errors in Delineation.--If the Secretary determines
that a
significant error has occurred in delineating cropland under the pilot
project, the Secretary shall, at the request of the owners or operators
of the cropland, conduct a new delineation of the cropland using the
most accurate available delineation process, as determined by the
Secretary.
Subtitle C--Wetland Conservation
SEC. 321. PROGRAM INELIGIBILITY.
(a) Program Ineligibility.--Section 1221 of the Food
Security Act of
1985 (16 U.S.C. 3821) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking the section heading and all that follows
through the end of subsection
(a) and inserting the following:
``SEC. 1221. PROGRAM INELIGIBILITY.
``(a) Production on Converted Wetland.--Except as
provided in this
subtitle and notwithstanding any other provision of law, any person
who
in any crop year produces an agricultural commodity on converted
wetland, as determined by the Secretary, shall be--
``(1) in violation of this section; and
``(2) ineligible for loans or payments in an amount
determined by the Secretary
to be proportionate to the severity
of the violation.
``(b) Ineligibility for Certain Loans and Payments.--If
a person is
determined to have committed a violation under subsection (a) during
a
crop year, the Secretary shall determine which of, and the amount of,
the following loans and payments for which the person shall be
ineligible:
``(1) Contract payments under a production flexibility
contract, marketing assistance
loans, and any type of price
support or payment made
available under the Agricultural Market
Transition Act, the Commodity
Credit Corporation Charter Act (15
U.S.C. 714 et seq.), or
any other Act.
``(2) A loan made or guaranteed under the Consolidated Farm
and Rural Development Act
(7 U.S.C. 1921 et seq.) or any other
provision of law administered
by the Consolidated Farm Service
Agency, if the Secretary
determines that the proceeds of the
loan will be used for a
purpose that will contribute to
conversion of a wetland
(other than as provided in this
subtitle) to produce an
agricultural commodity.
``(3) During the crop year:
``(A) A payment made pursuant to a contract entered
into under the environmental quality incentives program
under chapter 4 of subtitle D.
``(B) A payment under any other provision of
subtitle D.
``(C) A payment under section 401 or 402 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 and
2202).
``(D) A payment, loan, or other assistance under
section 3 or 8 of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1003 and 1006a).''.
(b) Conforming Amendments.--
(1) Section 1221(c) of the Food Security Act of 1985 (as
redesignated by subsection
(a)(1)) is amended-- <<NOTE: 16 USC
3821.>>
(A) by striking ``Except'' and inserting ``Wetland
Conversion.--Except'';
(B) by striking ``subsequent to the date of
enactment of the Food, Agriculture, Conservation, and
Trade Act of 1990'' and inserting ``beginning after
November 28, 1990,''; and
(C) by striking ``subsections (a) (1) through (3)''
and inserting ``subsection (b)''.
(2) Section 1221 of the Food Security Act of 1985 (as
amended by subsection (a))
is amended by adding at the end the
following:
``(d) Prior Loans.--This section shall not apply
to a loan described
in subsection (b) made before December 23, 1985.''.
SEC. 322. DELINEATION OF WETLANDS; EXEMPTIONS TO PROGRAM INELIGIBILITY.
(a) Delineation of Wetlands.--Section 1222 of the
Food Security Act
of 1985 (16 U.S.C. 3822) is amended by striking subsection (a) and
inserting the following:
``(a) Delineation by the Secretary.--
``(1) In general.--Subject to subsection (b) and paragraph
(6), the Secretary shall
delineate, determine, and certify all
wetlands located on subject
land on a farm.
``(2) Wetland delineation maps.--The Secretary shall
delineate wetlands on wetland
delineation maps. On the request
of a person, the Secretary
shall make a reasonable effort to
make an on-site wetland
determination prior to delineation.
``(3) Certification.--On providing notice to affected
persons, the Secretary shall--
``(A) certify whether a map is sufficient for the
purpose of making a determination of ineligibility for
program benefits under section 1221; and
``(B) provide an opportunity to appeal the
certification prior to the certification becoming final.
``(4) Duration of certification.--A final certification made
under paragraph (3) shall
remain valid and in effect as long as
the area is devoted to an
agricultural use or until such time as
the person affected by the
certification requests review of the
certification by the Secretary.
``(5) Review of mapping on appeal.--In the case of an appeal
of the Secretary's certification,
the Secretary shall review and
certify the accuracy of
the mapping of all land subject to the
appeal to ensure that the
subject land has been accurately
delineated. Prior to rendering
a decision on the appeal, the
Secretary shall conduct
an on-site inspection of the subject
land on a farm.
``(6) Reliance on prior certified delineation.--No person
shall be adversely affected
because of having taken an action
based on a previous certified
wetland delineation by the
Secretary. The delineation
shall not be subject to a subsequent
wetland certification or
delineation by the Secretary, unless
requested by the person
under paragraph (4).''.
(b) Exemptions.--Section 1222 of the Food Security
Act of 1985 (16
U.S.C. 3822) is amended by striking subsection (b) and inserting the
following:
``(b) Exemptions.--No person shall become ineligible
under section
1221 for program loans or payments under the following circumstances:
``(1) As the result of the production of an agricultural
commodity on the following
lands:
``(A) A converted wetland if the conversion of the
wetland was commenced before December 23, 1985.
``(B) Land that is a nontidal drainage or irrigation
ditch excavated in upland.
``(C) A wet area created by a water delivery system,
irrigation, irrigation system, or application of water
for irrigation.
``(D) A wetland on which the owner or operator of a
farm or ranch uses normal cropping or ranching practices
to produce an agricultural commodity in a manner that is
consistent for the area where the production is possible
as a result of a natural condition, such as drought, and
is without action by the producer that destroys a
natural wetland characteristic.
``(E) Land that is an artificial lake or pond
created by excavating or diking land (that is not a
wetland) to collect and retain water and that is used
primarily for livestock watering, fish production,
irrigation, wildlife, fire control, flood control,
cranberry growing, or rice production, or as a settling
pond.
``(F) A wetland that is temporarily or incidentally
created as a result of adjacent development activity.
``(G) A converted wetland if the original conversion
of the wetland was commenced before December 23, 1985,
and the Secretary determines the wetland characteristics
returned after that date as a result of--
``(i) the lack of maintenance of drainage,
dikes, levees, or similar structures;
``(ii) a lack of management of the lands
containing the wetland; or
``(iii) circumstances beyond the control of
the person.
``(H) A converted wetland, if--
``(i) the converted wetland was determined by
the Natural Resources Conservation Service to have
been manipulated for the production of an
agricultural commodity or forage prior to December
23, 1985, and was returned to wetland conditions
through a voluntary restoration, enhancement, or
creation action subsequent to that determination;
``(ii) technical determinations regarding the
prior site conditions and the restoration,
enhancement, or creation action have been
adequately documented by the Natural Resources
Conservation Service;
``(iii) the proposed conversion action is
approved by the Natural Resources Conservation
Service prior to implementation; and
``(iv) the extent of the proposed conversion
is limited so that the conditions will be at least
equivalent to the wetland functions and values
that existed prior to implementation of the
voluntary wetland restoration, enhancement, or
creation action.
``(2) For the conversion of the following:
``(A) An artificial lake or pond created by
excavating or diking land that is not a wetland to
collect and retain water and that is used primarily for
livestock watering, fish production, irrigation,
wildlife, fire control, flood control, cranberry
growing, rice production, or as a settling pond.
``(B) A wetland that is temporarily or incidentally
created as a result of adjacent development activity.
``(C) A wetland on which the owner or operator of a
farm or ranch uses normal cropping or ranching practices
to produce an agricultural commodity in a manner that is
consistent for the area where the production is possible
as a result of a natural condition, such as drought, and
is without action by the producer that destroys a
natural wetland characteristic.
``(D) A wetland previously identified as a converted
wetland (if the original conversion of the wetland was
commenced before December 23, 1985), but that the
Secretary determines returned to wetland status after
that date as a result of--
``(i) the lack of maintenance of drainage,
dikes, levees, or similar structures;
``(ii) a lack of management of the lands
containing the wetland; or
``(iii) circumstances beyond the control of
the person.
``(E) A wetland, if--
``(i) the wetland was determined by the
Natural Resources Conservation Service to have
been manipulated for the production of an
agricultural commodity or forage prior to December
23, 1985, and was returned to wetland conditions
through a voluntary restoration, enhancement, or
creation action subsequent to that determination;
``(ii) technical determinations regarding the
prior site conditions and the restoration,
enhancement, or creation action have been
adequately documented by the Natural Resources
Conservation Service;
``(iii) the proposed conversion action is
approved by the Natural Resources Conservation
Service prior to implementation; and
``(iv) the extent of the proposed conversion
is limited so that the conditions will be at least
equivalent to the wetland functions and values
that existed prior to implementation of the
voluntary wetland restoration, enhancement, or
creation action.''.
(c) Identification of Minimal Effect Exemptions.--Section
1222 of
the Food Security Act of 1985 (16 U.S.C. 3822) is amended by striking
subsection (d) and inserting the following:
``(d) Identification of Minimal Effect Exemptions.--For
purposes of
applying the minimal effect exemption under subsection (f)(1), the
Secretary shall identify by regulation categorical minimal effect
exemptions on a regional basis to assist persons in avoiding a violation
of the ineligibility provisions of section 1221. The Secretary shall
ensure that employees of the Department of Agriculture who administer
this subtitle receive appropriate training to properly apply the minimal
effect exemptions determined by the Secretary.''.
(d) Minimal Effect and Mitigation Exemptions.--Section
1222 of the
Food Security Act of 1985 (16 U.S.C. 3822) is amended by striking
subsection (f) and inserting the following:
``(f) Minimal Effect; Mitigation.--The Secretary
shall exempt a
person from the ineligibility provisions of section 1221 for any action
associated with the production of an agricultural commodity on a
converted wetland, or the conversion of a wetland, if 1 or more of
the
following conditions apply, as determined by the Secretary:
``(1) The action, individually and in connection with all
other similar actions authorized
by the Secretary in the area,
will have a minimal effect
on the functional hydrological and
biological value of the
wetlands in the area, including the
value to waterfowl and wildlife.
``(2) The wetland and the wetland values, acreage, and
functions are mitigated
by the person through the restoration of
a converted wetland, the
enhancement of an existing wetland, or
the creation of a new wetland,
and the restoration, enhancement,
or creation is--
``(A) in accordance with a wetland conservation
plan;
``(B) in advance of, or concurrent with, the action;
``(C) not at the expense of the Federal Government;
``(D) in the case of enhancement or restoration of
wetlands, on not greater than a 1-for-1 acreage basis
unless more acreage is needed to provide equivalent
functions and values that will be lost as a result of
the wetland conversion to be mitigated;
``(E) in the case of creation of wetlands, on
greater than a 1-for-1 acreage basis if more acreage is
needed to provide equivalent functions and values that
will be lost as a result of the wetland conversion that
is mitigated;
``(F) on lands in the same general area of the local
watershed as the converted wetland; and
``(G) with respect to the restored, enhanced, or
created wetland, made subject to an easement that--
``(i) is recorded on public land records;
``(ii) remains in force for as long as the
converted wetland for which the restoration,
enhancement, or creation to be mitigated remains
in agricultural use or is not returned to its
original wetland classification with equivalent
functions and values; and
``(iii) prohibits making alterations to the
restored, enhanced, or created wetland that lower
the wetland's functions and values.
``(3) The wetland was converted after December 23, 1985, but
before November 28, 1990,
and the wetland values, acreage, and
functions are mitigated
by the producer through the requirements
of subparagraphs (A), (B),
(C), (D), (F), and (G) of paragraph
(2).
``(4) The action was authorized by a permit issued under
section 404 of the Federal
Water Pollution Control Act (33
U.S.C. 1344) and the wetland
values, acreage, and functions of
the converted wetland were
adequately mitigated for the purposes
of this subtitle.''.
(e) References to Producer.--Section 1222(g) of the
Food Security
Act of 1985 (16 U.S.C. 3822(g)) is amended by striking ``producer''
and
inserting ``person''.
(f) Good Faith Exemption.--Section 1222 of the Food
Security Act of
1985 (16 U.S.C. 3822) is amended by striking subsection (h) and
inserting the following:
``(h) Good Faith Exemption.--
``(1) Exemption described.--The Secretary may waive a
person's ineligibility under
section 1221 for program loans,
payments, and benefits as
the result of the conversion of a
wetland subsequent to November
28, 1990, or the production of an
agricultural commodity on
a converted wetland, if the Secretary
determines that the person
has acted in good faith and without
intent to violate this subtitle.
``(2) Period for compliance.--The Secretary shall provide a
person who the Secretary
determines has acted in good faith and
without intent to violate
this subtitle with a reasonable
period, but not to exceed
1 year, during which to implement the
measures and practices necessary
to be considered to actively
restoring the subject wetland.''.
(g) Restoration.--Section 1222(i) of the Food Security
Act of 1985
(16 U.S.C. 3822(i)) is amended by inserting before the period at the
end
the following: ``or has otherwise mitigated for the loss of wetland
values, as determined by the Secretary, through the restoration,
enhancement, or creation of wetland values in the same general area
of
the local watershed as the converted wetland''.
(h) Determinations.--Section 1222 of the Food Security
Act of 1985
(16 U.S.C. 3822) is amended by striking subsection (j) and inserting
the
following:
``(j) Determinations; Restoration and Mitigation
Plans; Monitoring
Activities.--Technical determinations, the development of restoration
and mitigation plans, and monitoring activities under this section
shall
be made by the National Resources Conservation Service.''.
(i) Mitigation Banking.--Section 1222 of the Food
Security Act of
1985 (16 U.S.C. 3822) is amended by adding at the end the following:
``(k) Mitigation Banking Program.--Using authorities
available to
the Secretary, the Secretary may operate a pilot program for mitigation
banking of wetlands to assist persons to increase the efficiency of
agricultural operations while protecting wetland functions and values.
Subsection (f)(2)(C) shall not apply to this subsection.''.
SEC. 323. CONSULTATION AND COOPERATION REQUIREMENTS.
Section 1223 of the Food Security Act of 1985 (16
U.S.C. 3823) is
repealed.
SEC. 324. APPLICATION OF PROGRAM INELIGIBILITY TO AFFILIATED PERSONS.
The Food Security Act of 1985 (as amended by section
323) is amended
by inserting after section 1222 (16 U.S.C. 3822) the following:
``SEC. 1223. <<NOTE: 16 USC 3823.>> AFFILIATED PERSONS.
``If a person is affected by a reduction in benefits
under section
1221 and the affected person is affiliated with other persons for the
purpose of receiving the benefits, the benefits of each affiliated
person shall be reduced under section 1221 in proportion to the interest
held by the affiliated person.''.
SEC. 325. CLARIFICATION OF DEFINITION OF AGRICULTURAL
LANDS IN
MEMORANDUM OF AGREEMENT.
(a) Agricultural Lands.--For purposes of implementing
the memorandum
of agreement entered into between the Department of Agriculture, the
Environmental Protection Agency, the Department of the Interior, and
the
Department of the Army on January 6, 1994, relating to the delineation
of wetlands, the term ``agricultural lands'' shall include--
(1) native pasture, rangelands, and other lands used to
produce or support the production
of livestock; and
(2) tree farms.
(b) Wetland Conservation.--Subsection (a) shall not
apply with
respect to the delineation of wetlands under subtitle C of title XII
of
the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) or to the
enforcement of the subtitle.
(c) Successor Memorandum.--Subsection (a) shall
apply to any
amendment to or successor of the memorandum of agreement described
in
subsection (a).
SEC. 326. <<NOTE: 16 USC 3821 note.>> EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall become
effective 90 days after the date of enactment of this Act.
Subtitle D--Environmental Conservation Acreage Reserve Program
SEC. 331. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
Section 1230 of the Food Security Act of 1985 (16
U.S.C. 3830) is
amended to read as follows:
``SEC. 1230. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 calendar
years, the Secretary shall
establish an environmental
conservation acreage reserve
program (referred to in this
section as `ECARP') to be
implemented through contracts and the
acquisition of easements
to assist owners and operators of farms
and ranches to conserve
and enhance soil, water, and related
natural resources, including
grazing land, wetland, and wildlife
habitat.
``(2) Means.--The Secretary shall carry out the ECARP by--
``(A) providing for the long-term protection of
environmentally sensitive land; and
``(B) providing technical and financial assistance
to farmers and ranchers to--
``(i) improve the management and operation of
the farms and ranches; and
``(ii) reconcile productivity and
profitability with protection and enhancement of
the environment.
``(3) Programs.--The ECARP shall consist of--
``(A) the conservation reserve program established
under subchapter B;
``(B) the wetlands reserve program established under
subchapter C; and
``(C) the environmental quality incentives program
established under chapter 4.
``(b) Administration.--
``(1) <<NOTE: Contracts.>> In general.--In carrying out the
ECARP, the Secretary shall
enter into contracts with owners and
operators and acquire interests
in land through easements from
owners, as provided in this
chapter and chapter 4.
``(2) Prior enrollments.--Acreage enrolled in the
conservation reserve or
wetlands reserve program prior to the
date of enactment of this
paragraph shall be considered to be
placed into the ECARP.
``(c) Conservation Priority Areas.--
``(1) Designation.--The Secretary may designate watersheds,
multistate areas, or regions
of special environmental
sensitivity as conservation
priority areas that are eligible for
enhanced assistance under
this chapter and chapter 4.
``(2) Assistance.--The Secretary may designate areas as
conservation priority areas
to assist, to the maximum extent
practicable, agricultural
producers within the conservation
priority areas to comply
with nonpoint source pollution
requirements under the Federal
Water Pollution Control Act (33
U.S.C. 1251 et seq.) and
other Federal and State environmental
laws and to meet other conservation
needs.
``(3) Producers.--The Secretary may provide technical
assistance, cost-share payments,
and incentive payments to
producers in a conservation
priority area under this chapter and
chapter 4 based on--
``(A) the significance of the soil, water, wildlife
habitat, and related natural resource problems in a
watershed, multistate area, or region; and
``(B) the structural practices or land management
practices that best address the problems, and that
maximize environmental benefits for each dollar
expended, as determined by the Secretary.''.
SEC. 332. CONSERVATION RESERVE PROGRAM.
(a) Program Extensions.--
(1) Conservation reserve program.--Section 1231 of the Food
Security Act of 1985 (16
U.S.C. 3831) is amended by striking
``1995'' each place it appears
and inserting ``2002''.
(2) Duties of owners and operators.--Section 1232(c) of the
Food Security Act of 1985
(16 U.S.C. 3832(c)) is amended by
striking ``1995'' and inserting
``2002''.
(b) Maximum Enrollment.--Section 1231 of the Food
Security Act of
1985 (16 U.S.C. 3831) is amended by striking subsection (d) and
inserting the following:
``(d) Maximum Enrollment.--The Secretary may maintain
up to
36,400,000 acres in the conservation reserve at any one time during
the
1986 through 2002 calendar years (including contracts extended by the
Secretary pursuant to section 1437(c) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 16 U.S.C.
3831
note)).''.
(c) Optional Contract Termination by Producers.--Section
1235 of the
Food Security Act of 1985 (16 U.S.C. 3835) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``3-year'' and
inserting ``1-year''; and
(B) in paragraph (2)(B)(i), by striking ``3 years''
and inserting ``1 year''; and
(2) by adding at the end the following:
``(e) Termination by Owner or Operator.--
``(1) Early termination authorized.--Subject to the other
provisions of this subsection,
the Secretary shall allow a
participant who entered
into a contract before January 1, 1995,
to terminate the contract
at any time if the contract has been
in effect for at least 5
years. The termination shall not
relieve the participant
of liability for a contract violation
occurring before the date
of the termination. The participant
shall provide the Secretary
with reasonable notice of the
participant's desire to
terminate the contract.
``(2) Certain lands excepted.--The following lands shall not
be subject to an early termination
of contract under this
subsection:
``(A) Filterstrips, waterways, strips adjacent to
riparian areas, windbreaks, and shelterbelts.
``(B) Land with an erodibility index of more than
15.
``(C) Other lands of high environmental value
(including wetlands), as determined by the Secretary.
``(3) Effective date.--The contract termination shall become
effective 60 days after
the date on which the owner or operator
submits the notice required
under paragraph (1).
``(4) Prorated rental payment.--If a contract entered into
under this subchapter is
terminated under this subsection before
the end of the fiscal year
for which a rental payment is due,
the Secretary shall provide
a prorated rental payment covering
the portion of the fiscal
year during which the contract was in
effect.
``(5) Renewed enrollment.--The termination of a contract
entered into under this
subchapter shall not affect the ability
of the owner or operator
who requested the termination to submit
a subsequent bid to enroll
the land that was subject to the
contract into the conservation
reserve.
``(6) Conservation requirements.--If land that was subject
to a contract is returned
to production of an agricultural
commodity, the conservation
requirements under subtitles B and C
shall apply to the use of
the land to the extent that the
requirements are similar
to those requirements imposed on other
similar lands in the area,
except that the requirements may not
be more onerous than the
requirements imposed on other lands.''.
(d) Enrollments in 1997.--Section 725 of the Agriculture,
Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1996 (Public Law 104-37; 109 Stat. 332), is amended
by striking ``: Provided,'' and all that follows through ``1997''.
SEC. 333. WETLANDS RESERVE PROGRAM.
(a) Enrollment.--Section 1237 of the Food Security
Act of 1985 (16
U.S.C. 3837) is amended by striking subsection (b) and inserting the
following:
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the wetlands
reserve program shall not exceed
975,000 acres.
``(2) Methods of enrollment.--
``(A) In general.--Subject to subparagraph (B),
effective beginning October 1, 1996, to the maximum
extent practicable, the Secretary shall enroll into the
wetlands reserve program--
``(i) \1/3\ of the acres through the use of
permanent easements;
``(ii) \1/3\ of the acres through the use of
30-year easements; and
``(iii) \1/3\ of the acres through the use of
restoration cost-share agreements.
``(B) Temporary easements.--Effective beginning
October 1, 1996, the Secretary shall not enroll acres in
the wetlands reserve program through the use of new
permanent easements until the Secretary has enrolled at
least 75,000 acres in the program through the use of
temporary easements.''.
(b) Eligibility.--Section 1237(c) of the Food Security
Act of 1985
(16 U.S.C. 3837(c)) is amended--
(1) by striking ``2000'' and inserting ``2002'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
and
(3) by inserting after ``determines that--'' the following:
``(1) such land maximizes wildlife benefits and wetland
values and functions;''.
(c) Other Eligible Lands.--Section 1237(d) of the
Food Security Act
of 1985 (16 U.S.C. 3837(d)) is amended--
(1) by inserting after ``subsection (c)'' the following ``,
land that maximizes wildlife
benefits and that is''; and
(2) in paragraph (2), by striking ``and'' at the end and
inserting ``or''.
(d) Easements.--Section 1237A of the Food Security
Act of 1985 (16
U.S.C. 3837a) is amended--
(1) in the section heading, by inserting before the period
at the end the following:
``and agreements'';
(2) by striking subsection (c) and inserting the following:
``(c) Restoration Plans.--The development of a restoration
plan,
including any compatible use, under this section shall be made through
the local Natural Resources Conservation Service representative, in
consultation with the State technical committee.'';
(3) in subsection (f), by striking the third sentence and
inserting the following:
``Compensation may be provided in not
less than 5, nor more than
30, annual payments of equal or
unequal size, as agreed
to by the owner and the Secretary.'';
and
(4) by adding at the end the following:
``(h) Restoration Cost-Share Agreements.--The Secretary
may enroll
land into the wetlands reserve program through an agreement that
requires the landowner to restore wetlands on the land, if the agreement
does not provide the Secretary with an easement.''.
(e) Cost-Share and Technical Assistance.--Section
1237C of the Food
Security Act of 1985 (16 U.S.C. 3837c) is amended by striking subsection
(b) and inserting the following:
``(b) Cost-Share and Technical Assistance.--
``(1) <<NOTE: Effective date.>> Easements.--Effective
beginning October 1, 1996,
in making cost-share payments under
subsection (a)(1), the Secretary
shall--
``(A) in the case of a permanent easement, pay the
owner an amount that is not less than 75 percent, but
not more than 100 percent, of the eligible costs; and
``(B) in the case of a 30-year easement, pay the
owner an amount that is not less than 50 percent, but
not more than 75 percent, of the eligible costs.
``(2) Restoration cost-share agreements.--In making cost-
share payments in connection
with a restoration cost-share
agreement entered into under
section 1237A(h), the Secretary
shall pay the owner an amount
that is not less than 50 percent,
but not more than 75 percent,
of the eligible costs.
``(3) Technical assistance.--The Secretary shall provide
owners with technical assistance
to assist owners in complying
with the terms of easements
and restoration cost-share
agreements.''.
(f) <<NOTE: 16 USC 3837 note.>> Effect on Existing
Agreements.--The
amendments made by this section shall not affect the validity or terms
of any agreements entered into by the Secretary of Agriculture under
subchapter C of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3837 et seq.) before the date of
enactment of this Act or any payments required to be made in connection
with the agreements.
SEC. 334. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C.
3830 et seq.) is amended by adding at the end the following:
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
``SEC. 1240. <<NOTE: 16 USC 3839aa.>> PURPOSES.
``The purposes of the environmental quality incentives
program
established by this chapter are to--
``(1) combine into a single program the functions of--
``(A) the agricultural conservation program
authorized by sections 7 and 8 of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590g and 590h) (as
in effect before the amendments made by section
336(a)(1) of the Federal Agriculture Improvement and
Reform Act of 1996);
``(B) the Great Plains conservation program
established under section 16(b) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590p(b)) (as in
effect before the amendment made by section 336(b)(1) of
the Federal Agriculture Improvement and Reform Act of
1996);
``(C) the water quality incentives program
established under chapter 2 (as in effect before the
amendment made by section 336(h) of the Federal
Agriculture Improvement and Reform Act of 1996); and
``(D) the Colorado River Basin salinity control
program established under section 202(c) of the Colorado
River Basin Salinity Control Act (43 U.S.C. 1592(c)) (as
in effect before the amendment made by section 336(c)(1)
of the Federal Agriculture Improvement and Reform Act of
1996); and
``(2) carry out the single program in a manner that
maximizes environmental
benefits per dollar expended, and that
provides--
``(A) flexible technical and financial assistance to
farmers and ranchers that face the most serious threats
to soil, water, and related natural resources, including
grazing lands, wetlands, and wildlife habitat;
``(B) assistance to farmers and ranchers in
complying with this title and Federal and State
environmental laws, and encourages environmental
enhancement;
``(C) assistance to farmers and ranchers in making
beneficial, cost-effective changes to cropping systems,
grazing management, manure, nutrient, pest, or
irrigation management, land uses, or other measures
needed to conserve and improve soil, water, and related
natural resources; and
``(D) for the consolidation and simplification of
the conservation planning process to reduce
administrative burdens on producers.
``SEC. 1240A. <<NOTE: 16 USC 3839aa-1.>> DEFINITIONS.
``In this chapter:
``(1) Eligible land.--The term `eligible land' means
agricultural land (including
cropland, rangeland, pasture, and
other land on which crops
or livestock are produced), including
agricultural land that the
Secretary determines poses a serious
threat to soil, water, or
related resources by reason of the
soil types, terrain, climatic,
soil, topographic, flood, or
saline characteristics,
or other factors or natural hazards.
``(2) Land management practice.--The term `land management
practice' means a site-specific
nutrient or manure
management, integrated pest
management, irrigation management,
tillage or residue management,
grazing management, or other land
management practice carried
out on eligible land that the
Secretary determines is
needed to protect, in the most cost-
effective manner, water,
soil, or related resources from
degradation.
``(3) Livestock.--The term `livestock' means dairy cattle,
beef cattle, laying hens,
broilers, turkeys, swine, sheep, and
such other animals as determined
by the Secretary.
``(4) Producer.--The term `producer' means a person who is
engaged in livestock or
agricultural production (as defined by
the Secretary).
``(5) Structural practice.--The term `structural practice'
means--
``(A) the establishment on eligible land of a site-
specific animal waste management facility, terrace,
grassed waterway, contour grass strip, filterstrip,
tailwater pit, permanent wildlife habitat, or other
structural practice that the Secretary determines is
needed to protect, in the most cost-effective manner,
water, soil, or related resources from degradation; and
``(B) the capping of abandoned wells on eligible
land.
``SEC. 1240B. <<NOTE: 16 USC 3839aa-2.>> ESTABLISHMENT AND
ADMINISTRATION OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 fiscal
years, the Secretary shall
provide technical assistance, cost-
share payments, incentive
payments, and education to producers,
who enter into contracts
with the Secretary, through an
environmental quality incentives
program in accordance with this
chapter.
``(2) Eligible practices.--
``(A) Structural practices.--A producer who
implements a structural practice shall be eligible for
any combination of technical assistance, cost-share
payments, and education.
``(B) Land management practices.--A producer who
performs a land management practice shall be eligible
for any combination of technical assistance, incentive
payments, and education.
``(b) Application and Term.--A contract between a
producer and the
Secretary under this chapter may--
``(1) apply to 1 or more structural practices or 1 or more
land management practices,
or both; and
``(2) have a term of not less than 5, nor more than 10,
years, as determined appropriate
by the Secretary, depending on
the practice or practices
that are the basis of the contract.
``(c) Structural Practices.--
``(1) Offer selection process.--The Secretary shall, to the
maximum extent practicable,
establish a process for selecting
applications for financial
assistance if there are numerous
applications for assistance
for structural practices that would
provide substantially the
same level of environmental benefits.
The process shall be based
on--
``(A) a reasonable estimate of the projected cost of
the proposals and other factors identified by the
Secretary for determining which applications will result in the
least cost to the program authorized by this chapter;
and
``(B) the priorities established under this subtitle
and such other factors determined by the Secretary that
maximize environmental benefits per dollar expended.
``(2) Concurrence of owner.--If the producer making an offer
to implement a structural
practice is a tenant of the land
involved in agricultural
production, for the offer to be
acceptable, the producer
shall obtain the concurrence of the
owner of the land with respect
to the offer.
``(d) Land Management Practices.--The Secretary shall
establish an
application and evaluation process for awarding technical assistance
or
incentive payments, or both, to a producer in exchange for the
performance of 1 or more land management practices by the producer.
``(e) Cost-Share Payments, Incentive Payments, and
Technical
Assistance.--
``(1) Cost-share payments.--
``(A) In general.--The Federal share of cost-share
payments to a producer proposing to implement 1 or more
structural practices shall be not more than 75 percent
of the projected cost of the practice, as determined by
the Secretary, taking into consideration any payment
received by the producer from a State or local
government.
``(B) Limitation.--A producer who owns or operates a
large confined livestock operation (as defined by the
Secretary) shall not be eligible for cost-share payments
to construct an animal waste management facility.
``(C) Other payments.--A producer shall not be
eligible for cost-share payments for structural
practices on eligible land under this chapter if the
producer receives cost-share payments or other benefits
for the same land under chapter 1 or 3.
``(2) Incentive payments.--The Secretary shall make
incentive payments in an
amount and at a rate determined by the
Secretary to be necessary
to encourage a producer to perform 1
or more land management
practices.
``(3) Technical assistance.--
``(A) Funding.--The Secretary shall allocate funding
under this chapter for the provision of technical
assistance according to the purpose and projected cost
for which the technical assistance is provided for a
fiscal year. The allocated amount may vary according to
the type of expertise required, quantity of time
involved, and other factors as determined appropriate by
the Secretary. Funding shall not exceed the projected
cost to the Secretary of the technical assistance
provided for a fiscal year.
``(B) Other authorities.--The receipt of technical
assistance under this chapter shall not affect the
eligibility of the producer to receive technical
assistance under other authorities of law available to
the Secretary.
``(C) Private sources.--The Secretary shall ensure
that the processes of writing and developing proposals
and plans for contracts under this chapter, and of
assisting in the implementation of structural practices
and land management practices covered by the contracts,
are open to individuals in agribusiness, including
agricultural producers, representatives from agricultural
cooperatives, agricultural input retail dealers, and
certified crop advisers. The requirements of this
subparagraph shall also apply to any other conservation
program of the Department of Agriculture that provides
incentive payments, technical assistance, or cost-share
payments.
``(f) Modification or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate
a contract entered into with a producer
under this chapter if--
``(A) the producer agrees to the modification or
termination; and
``(B) the Secretary determines that the modification
or termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under this chapter
if the Secretary determines that
the producer violated the
contract.
``(g) Non-Federal Assistance.--The Secretary may
request the
services of a State water quality agency, State fish and wildlife
agency, State forestry agency, or any other governmental or private
resource considered appropriate to assist in providing the technical
assistance necessary for the development and implementation of a
structural practice or land management practice.
``SEC. 1240C. <<NOTE: 16 USC 3839aa-3.>> EVALUATION OF OFFERS
AND
PAYMENTS.
``In providing technical assistance, cost-share payments,
and
incentive payments to producers, the Secretary shall accord a higher
priority to assistance and payments that--
``(1) are provided in conservation priority areas
established under section
1230(c);
``(2) maximize environmental benefits per dollar expended;
or
``(3) are provided in watersheds, regions, or conservation
priority areas in which
State or local governments have
provided, or will provide,
financial or technical assistance to
producers for the same conservation
or environmental purposes.
``SEC. 1240D. <<NOTE: 16 USC 3839aa-4.>> DUTIES OF PRODUCERS.
``To receive technical assistance, cost-share payments,
or incentive
payments under this chapter, a producer shall agree--
``(1) to implement an environmental quality incentives
program plan that describes
conservation and environmental goals
to be achieved through a
structural practice or land management
practice, or both, that
is approved by the Secretary;
``(2) not to conduct any practices on the farm or ranch that
would tend to defeat the
purposes of this chapter;
``(3) on the violation of a term or condition of the
contract at any time the
producer has control of the land, to
refund any cost-share or
incentive payment received with
interest, and forfeit any
future payments under this chapter, as
determined by the Secretary;
``(4) on the transfer of the right and interest of the
producer in land subject
to the contract, unless the transferee
of the right and interest
agrees with the Secretary to assume
all obligations of the contract,
to refund all cost-share
payments and incentive payments
received under this chapter, as
determined by the Secretary;
``(5) to supply information as required by the Secretary to
determine compliance with
the environmental quality incentives
program plan and requirements
of the program; and
``(6) to comply with such additional provisions as the
Secretary determines are
necessary to carry out the
environmental quality incentives
program plan.
``SEC. 1240E. <<NOTE: 16 USC 3839aa-5.>> ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM PLAN.
``(a) In General.--To be eligible to enter into a
contract under the
environmental quality incentives program, an owner or producer of a
livestock or agricultural operation must submit to the Secretary for
approval a plan of operations that incorporates such conservation
practices, and is based on such principles, as the Secretary considers
necessary to carry out the program, including a description of
structural practices and land management practices to be implemented
and
the objectives to be met by the plan's implementation.
``(b) Avoidance of Duplication.--The Secretary shall,
to the maximum
extent practicable, eliminate duplication of planning activities under
the environmental quality incentives program and comparable conservation
programs.
``SEC. 1240F. <<NOTE: 16 USC 3839aa-6.>> DUTIES OF THE SECRETARY.
``To the extent appropriate, the Secretary shall
assist a producer
in achieving the conservation and environmental goals of an
environmental quality incentives program plan by--
``(1) providing an eligibility assessment of the farming or
ranching operation of the
producer as a basis for developing the
plan;
``(2) providing technical assistance in developing and
implementing the plan;
``(3) providing technical assistance, cost-share payments,
or incentive payments for
developing and implementing 1 or more
structural practices or
1 or more land management practices, as
appropriate;
``(4) providing the producer with information, education,
and training to aid in implementation
of the plan; and
``(5) encouraging the producer to obtain technical
assistance, cost-share payments,
or grants from other Federal,
State, local, or private
sources.
``SEC. 1240G. <<NOTE: 16 USC 3839aa-7.>> LIMITATION ON PAYMENTS.
``(a) In General.--The total amount of cost-share
and incentive
payments paid to a producer under this chapter may not exceed--
``(1) $10,000 for any fiscal year; or
``(2) $50,000 for any multiyear contract.
``(b) Exception to Annual Limit.--The Secretary may
exceed the
limitation on the annual amount of a payment under subsection (a)(1)
on
a case-by-case basis if the Secretary determines that a larger payment
is--
``(1) essential to accomplish the land management practice
or structural practice for
which the payment is made; and
``(2) consistent with the maximization of environmental
benefits per dollar expended
and the purposes of this chapter
specified in section 1240.
``(c) Timing of Expenditures.--Expenditures under
a contract entered
into under this chapter during a fiscal year may not be made by the
Secretary until the subsequent fiscal year.
``SEC. 1240H. <<NOTE: 16 USC 3839aa-8.>> TEMPORARY ADMINISTRATION
OF
ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
``(a) Interim Administration.--
``(1) In general.--During the period beginning on the date
of enactment of this section
and ending on the termination date
provided under paragraph
(2), to ensure that technical
assistance, cost-share payments,
and incentive payments continue
to be administered in an
orderly manner until such time as
assistance can be provided
through final regulations issued to
implement the environmental
quality incentives program
established under this chapter,
the Secretary shall continue
to--
``(A) provide technical assistance, cost-share
payments, and incentive payments under the terms and
conditions of the agricultural conservation program, the
Great Plains conservation program, the water quality
incentives program, and the Colorado River Basin
salinity control program, to the extent the terms and
conditions of the program are consistent with the
environmental quality incentives program; and
``(B) use for those purposes--
``(i) any funds remaining available for the
agricultural conservation program, the Great
Plains conservation program, the water quality
incentives program, and the Colorado River Basin
salinity control program; and
``(ii) as the Secretary determines to be
necessary, any funds authorized to be used to
carry out the environmental quality incentives
program.
``(2) Termination of authority.--The authority of the
Secretary to carry out paragraph
(1) shall terminate on the date
that is 180 days after the
date of enactment of this section.
``(b) <<NOTE: Effective date.>> Permanent Administration.--Effective
beginning on the termination date provided under subsection (a)(2),
the
Secretary shall provide technical assistance, cost-share payments,
and
incentive payments for structural practices and land management
practices related to crop and livestock production in accordance with
final regulations issued to carry out the environmental quality
incentives program.''.
SEC. 335. CONSERVATION FARM OPTION.
Subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C.
3830 et seq.) (as amended by section 334) is amended by adding at the
end the following:
``CHAPTER 5--CONSERVATION FARM OPTION
``SEC. 1240M. <<NOTE: 16 USC 3839bb.>> CONSERVATION FARM OPTION.
``(a) In General.--The Secretary shall establish
conservation farm
option pilot programs for producers of wheat, feed grains, cotton,
and
rice.
``(b) Eligible Owners and Producers.--An owner or
producer with a
farm that has contract acreage enrolled in the agricultural market
transition program established under the Agricultural Market Transition
Act shall be eligible to participate in the conservation farm option
offered under a pilot program under subsection (a)
if the owner or producer meets the conditions established under section
(e).
``(c) Purposes.--The purposes of the conservation
farm option pilot
programs shall include--
``(1) conservation of soil, water, and related resources;
``(2) water quality protection or improvement;
``(3) wetland restoration, protection, and creation;
``(4) wildlife habitat development and protection; or
``(5) other similar conservation purposes.
``(d) Conservation Farm Plan.--
``(1) In general.--To be eligible to enter into a
conservation farm option
contract, an owner or producer must
prepare and submit to the
Secretary, for approval, a
conservation farm plan that
shall become a part of the
conservation farm option
contract.
``(2) Requirements.--A conservation farm plan shall--
``(A) describe the resource-conserving crop
rotations, and all other conservation practices, to be
implemented and maintained on the acreage that is
subject to contract during the contract period;
``(B) contain a schedule for the implementation and
maintenance of the practices described in the
conservation farm plan;
``(C) comply with highly erodible land and wetland
conservation requirements of this title; and
``(D) contain such other terms as the Secretary may
require.
``(e) Contracts.--
``(1) In general.--On approval of a conservation farm plan,
the Secretary may enter
into a contract with the owner or
producer that specifies
the acres being enrolled and the
practices being adopted.
``(2) Duration of contract.--The contract shall be for a
period of 10 years. The
contract may be renewed for a period of
not to exceed 5 years on
mutual agreement of the Secretary and
the owner or producer.
``(3) Consideration.--In exchange for payments under this
subsection, the owner or
producer shall not participate in and
shall forgo payments under--
``(A) the conservation reserve program established
under subchapter B of chapter 1;
``(B) the wetlands reserve program established under
subchapter C of chapter 1; and
``(C) the environmental quality incentives program
established under chapter 4.
``(4) Owner or producer responsibilities under the
agreement.--Under the terms
of the contract entered into under
this section, an owner or
producer shall agree to--
``(A) actively comply with the terms and conditions
of the approved conservation farm plan;
``(B) <<NOTE: Records.>> keep such records as the
Secretary may reasonably require for purposes of
evaluation of the implementation of the conservation
farm plan; and
``(C) not engage in any activity that would defeat
the purposes of the conservation farm option pilot
program.
``(5) Payments.--The Secretary shall offer an owner or
producer annual payments
under the contract that are equiva
lent to the payments the
owner or producer would have received
under the conservation reserve
program, the wetlands reserve
program, and the environmental
quality incentives program.
``(6) Balance of benefits.--The Secretary shall not permit
an owner or producer to
terminate a conservation reserve program
contract and enter a conservation
farm option contract if the
Secretary determines that
such action will reduce net
environmental benefits.
``(f) Secretarial Determinations.--
``(1) Acreage estimates.--Prior to each year during which
the Secretary intends to
offer conservation reserve program
contracts, the Secretary
shall estimate the number of acres
that--
``(A) will be retired under the conservation farm
option under the terms and conditions the Secretary
intends to offer for that program; and
``(B) would be retired under the conservation
reserve program if the conservation farm option were not
available.
``(2) Total land retirement.--The Secretary shall announce a
number of acres to be enrolled
in the conservation reserve
program that will result
in a total number of acres retired
under the conservation reserve
program and the conservation farm
option that does not exceed
the amount estimated under paragraph
(1)(B) for the current or
future years.
``(3) Limitation.--The Secretary shall not enroll additional
conservation reserve program
contracts to offset the land
retired under the conservation
farm option.
``(g) Commodity Credit Corporation.--The Secretary
shall use the
funds, authorities, and facilities of the Commodity Credit Corporation
to carry out this subsection.
``(h) Funding.--Of the funds of the Commodity Credit
Corporation,
the Corporation shall make available to carry out this section--
``(1) $7,500,000 for fiscal year 1997;
``(2) $15,000,000 for fiscal year 1998;
``(3) $25,000,000 for fiscal year 1999;
``(4) $37,500,000 for fiscal year 2000;
``(5) $50,000,000 for fiscal year 2001; and
``(6) $62,500,000 for fiscal year 2002.''.
SEC. 336. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Agricultural Conservation Program.--
(1) Elimination.--
(A) Section 8 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h) is amended--
(i) in subsection (b)--
(I) by striking paragraphs (1)
through (4) and inserting the following:
``(1) Environmental quality incentives program.--The
Secretary shall provide
technical assistance, cost-share
payments, and incentive
payments to operators through the
environmental quality incentives
program in accordance with
chapter 4 of subtitle D
of title XII of the Food Security Act of
1985.''; and
(II) by striking paragraphs (6)
through (8); and
(ii) by striking subsections (d), (e), and
(f).
(B) The first sentence of section 11 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590k)
is amended by striking ``performance: Provided
further,'' and all that follows through ``or other law''
and inserting ``performance''.
(C) Section 14 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590n) is amended--
(i) in the first sentence, by striking ``or
8''; and
(ii) by striking the second sentence.
(D) Section 15 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590o) is amended--
(i) in the first undesignated paragraph--
(I) in the first sentence, by
striking ``sections 7 and 8'' and
inserting ``section 7''; and
(II) by striking the third sentence;
and
(ii) by striking the second undesignated
paragraph.
(2) Conforming amendments.--
(A) Paragraph (1) of the last proviso of the matter
under the heading ``conservation reserve program'' under
the heading ``Soil Bank Programs'' of title I of the
Department of Agriculture and Farm Credit Administration
Appropriation Act, 1959 (72 Stat. 195; 7 U.S.C. 1831a),
is amended by striking ``Agricultural Conservation
Program'' and inserting ``environmental quality
incentives program established under chapter 4 of
subtitle D of title XII of the Food Security Act of
1985''.
(B) Section 4 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103) is amended by striking ``as
added by the Agriculture and Consumer Protection Act of
1973'' each place it appears in subsections (d) and (i)
and inserting ``as in effect before the amendment made
by section 336(d)(1) of the Federal Agriculture
Improvement and Reform Act of 1996''.
(C) Section 226(b)(4) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C.
6932(b)(4)) is amended by striking ``and the
agricultural conservation program under the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590g
et seq.)''.
(D) Section 246(b)(8) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C.
6962(b)(8)) is amended by striking ``and the
agricultural conservation program under the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590g
et seq.)''.
(E) Section 1271(c)(3)(C) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C.
2106a(c)(3)(C)) is amended by striking ``Agricultural
Conservation Program established under section 16(b) of
the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h, 590l, or 590p)'' and inserting
``environmental quality incentives program established
under chapter 4 of subtitle D of title XII of the Food
Security Act of 1985''.
(F) Section 304(a) of the Lake Champlain Special
Designation Act of 1990 (Public Law 101-596; 33 U.S.C.
1270 note) is amended--
(i) in the subsection heading, by striking
``Special Project Area Under the Agricultural
Conservation Program'' and inserting ``Priority
Area Under the Environmental Quality Incentives Program'';
and
(ii) in paragraph (1), by striking ``special
project area under the Agricultural Conservation
Program established under section 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C.
590h(b))'' and inserting ``priority area under the
environmental quality incentives program
established under chapter 4 of subtitle D of title
XII of the Food Security Act of 1985''.
(G) Section 6 of the Department of Agriculture
Organic Act of 1956 (70 Stat. 1033) <<NOTE: 16 USC 590h-
4.>> is amended by striking subsection (b).
(b) Great Plains Conservation Program.--
(1) Elimination.--Section 16 of the Soil Conservation and
Domestic Allotment Act (16
U.S.C. 590p) is repealed.
(2) Conforming amendments.--
(A) The Agricultural Adjustment Act of 1938 is
amended by striking ``Great Plains program'' each place
it appears in sections 344(f)(8) and 377 (7 U.S.C.
1344(f)(8) and 1377) and inserting ``environmental
quality incentives program established under chapter 4
of subtitle D of title XII of the Food Security Act of
1985''.
(B) Section 246(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962(b)) is amended
by striking paragraph (2).
(c) Colorado River Basin Salinity Control Program.--
(1) In general.--Section 202 of the Colorado River Basin
Salinity Control Act (43
U.S.C. 1592) is amended by striking
subsection (c) and inserting
the following:
``(c) Salinity Control Measures.--The Secretary of
Agriculture shall
carry out salinity control measures (including watershed enhancement
and
cost-share measures with livestock and crop producers) in the Colorado
River Basin as part of the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the Food
Security Act of 1985.''.
(2) Funds.--Section 205 of the Colorado River Basin Salinity
Control Act (43 U.S.C. 1595)
is amended--
(A) in subsection (a), by striking ``pursuant to
section 202(c)(2)(C)''; and
(B) by adding at the end the following:
``(f) Funds.--The Secretary may expend funds available
in the Basin
Funds referred to in this section to carry out cost-share salinity
measures in a manner that is consistent with the cost allocations
required under this section.''.
(3) Conforming amendment.--Section 246(b)(6) of the
Department of Agriculture
Reorganization Act of 1994 (7 U.S.C.
6962(b)(6)) is amended by
striking ``program'' and inserting
``measures''.
(d) Rural Environmental Conservation Program.--
(1) Elimination.--Title X of the Agricultural Act of 1970
(16 U.S.C. 1501 et seq.)
is repealed.
(2) Conforming amendments.--Section 246 of the Department of
Agriculture Reorganization
Act of 1994 (7 U.S.C. 6962) (as
amended by subsection (b)(2)(B))
is amended--
(A) in subsection (b)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (3) through
(8) as paragraphs (1) through (6), respectively;
and
(B) in subsection (c), by striking ``(2), (3), (4),
and (6)'' and inserting ``(1), (2), and (4)''.
(e) Other Conservation Provisions.--Subtitle F of
title XII of the
Food Security Act of 1985 (16 U.S.C. 2005a and 2101 note) is repealed.
(f) Resource Conservation.--
(1) Elimination.--Subtitles A, B, D, E, and F of title XV of
the Agriculture and Food
Act of 1981 (95 Stat. 1328; 16 U.S.C.
3401 et seq.) are repealed.
(2) Conforming amendment.--Section 739 of the Agriculture,
Rural Development, Food
and Drug Administration, and Related
Agencies Appropriations
Act, 1992 (7 U.S.C. 2272a), is repealed.
(g) Technical Amendment.--The first sentence of the
matter under the
heading ``Commodity Credit Corporation'' of Public Law 99-263 (100
Stat.
59; 16 U.S.C. 3841 note) is amended by striking ``prices: Provided
further,'' and all that follows through ``Acts.'' and inserting
``prices.''.
(h) Agricultural Water Quality Incentives Program.--Chapter
2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3838
et seq.) is repealed.
Subtitle E--Conservation Funding and Administration
SEC. 341. CONSERVATION FUNDING AND ADMINISTRATION.
Subtitle E of title XII of the Food Security Act
of 1985 (16 U.S.C.
3841 et seq.) is amended to read as follows:
``Subtitle E--Funding and Administration
``SEC. 1241. <<NOTE: 16 USC 3841.>> FUNDING.
``(a) Mandatory Expenses.--For each of fiscal years
1996 through
2002, the Secretary shall use the funds of the Commodity Credit
Corporation to carry out the programs authorized by--
``(1) subchapter B of chapter 1 of subtitle D (including
contracts extended by the
Secretary pursuant to section 1437 of
the Food, Agriculture, Conservation,
and Trade Act of 1990
(Public Law 101-624; 16
U.S.C. 3831 note));
``(2) subchapter C of chapter 1 of subtitle D; and
``(3) chapter 4 of subtitle D.
``(b) Environmental Quality Incentives Program.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary
shall make available $130,000,000 for
fiscal year 1996, and $200,000,000
for each of fiscal years 1997
through 2002, for providing
technical assistance, cost-share
payments, incentive payments,
and education under the
environmental quality incentives
program under chapter 4 of
subtitle D.
``(2) Livestock production.--For each of fiscal years 1996
through 2002, 50 percent
of the funding available for technical
assistance, cost-share payments,
incentive payments, and edu
cation under the environmental
quality incentives program shall
be targeted at practices
relating to livestock production.
``SEC. 1242. <<NOTE: 16 USC 3842.>> USE OF OTHER AGENCIES.
``(a) Committees.--In carrying out subtitles B, C,
and D, the
Secretary shall use the services of local, county, and State committees
established under section 8(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)).
``(b) Other Agencies.--
``(1) Use.--In carrying out subtitles C and D, the Secretary
may utilize the services
of the Natural Resources Conservation
Service and the Forest Service,
the Fish and Wildlife Service,
State forestry agencies,
State fish and game agencies, land-
grant colleges, local, county,
and State committees established
under section 8(b) of the
Soil Conservation and Domestic
Allotment Act (16 U.S.C.
590h), soil and water conservation
districts, and other appropriate
agencies.
``(2) Consultation.--In carrying out subtitle D at the State
and county levels, the Secretary
shall consult with, to the
extent practicable, the
Fish and Wildlife Service, State
forestry agencies, State
fish and game agencies, land-grant
colleges, soil-conservation
districts, and other appropriate
agencies.
``SEC. 1243. <<NOTE: 16 USC 3843.>> ADMINISTRATION.
``(a) Plans.--The Secretary shall, to the extent
practicable, avoid
duplication in--
``(1) the conservation plans required for--
``(A) highly erodible land conservation under
subtitle B;
``(B) the conservation reserve program established
under subchapter B of chapter 1 of subtitle D; and
``(C) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D; and
``(2) the environmental quality incentives program
established under chapter
4 of subtitle D.
``(b) Acreage Limitation.--
``(1) In general.--The Secretary shall not enroll more than
25 percent of the cropland
in any county in the programs
administered under the conservation
reserve and wetlands reserve
programs established under
subchapters B and C, respectively, of
chapter 1 of subtitle D.
Not more than 10 percent of the
cropland in a county may
be subject to an easement acquired
under the subchapters.
``(2) Exception.--The Secretary may exceed the limitations
in paragraph (1) if the
Secretary determines that--
``(A) the action would not adversely affect the
local economy of a county; and
``(B) operators in the county are having
difficulties complying with conservation plans
implemented under section 1212.
``(3) Shelterbelts and windbreaks.--The limitations
established under this subsection
shall not apply to cropland
that is subject to an easement
under chapter 1 or 3 of subtitle
D that is used for the establishment
of shelterbelts and
windbreaks.
``(c) Tenant Protection.--Except for a person who
is a tenant on
land that is subject to a conservation reserve contract that has been
extended by the Secretary, the Secretary shall provide
adequate safeguards to protect the interests of tenants and
sharecroppers, including provision for sharing, on a fair and equitable
basis, in payments under the programs established under subtitles B
through D.
``(d) Provision of Technical Assistance by Other
Sources.--In the
preparation and application of a conservation compliance plan under
subtitle B or similar plan required as a condition for assistance from
the Department of Agriculture, the Secretary shall permit persons to
secure technical assistance from approved sources, as determined by
the
Secretary, other than the Natural Resources Conservation Service. If
the
Secretary rejects a technical determination made by such a source,
the
basis of the Secretary's determination must be supported by documented
evidence.
``(e) Regulations.--Not later than 90 days after
the date of
enactment of the Federal Agriculture Improvement and Reform Act of
1996,
the Secretary shall issue regulations to implement the conservation
reserve and wetlands reserve programs established under chapter 1 of
subtitle D.''.
SEC. 342. STATE TECHNICAL COMMITTEES.
(a) Composition.--Section 1261(c) of the Food Security
Act of 1985
(16 U.S.C. 3861(c))--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) agricultural producers with demonstrable conservation
expertise;
``(10) nonprofit organizations with demonstrable
conservation expertise;
``(11) persons knowledgeable about conservation techniques;
and
``(12) agribusiness.''.
(b) Responsibilities.--Section 1262 of the Food Security
Act of 1985
(16 U.S.C. 3862) is amended--
(1) in subsection (a), by adding at the end the following:
``Each State technical committee
shall provide public notice of,
and permit public attendance
at meetings considering, issues of
concern related to carrying
out this title.'';
(2) in subsection (b)(1), by adding at the end the
following: ``Each State
technical committee shall establish
criteria and guidelines
for evaluating petitions by agricultural
producers regarding new
conservation practices and systems not
already described in field
office technical guides.''; and
(3) in subsection (c)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) by redesignating paragraph (8) as paragraph (9);
and
(C) by inserting after paragraph (7) the following:
``(8) establishing criteria and priorities for State
initiatives under the environmental
quality incentives program
under chapter 4 of subtitle
D; and''.
SEC. 343. <<NOTE: 16 USC 3862 note.>> PUBLIC
NOTICE AND COMMENT FOR
REVISIONS TO CERTAIN STATE TECHNICAL GUIDES.
After the date of enactment of this Act, the Secretary
of
Agriculture shall provide for public notice and comment under section
553 of title 5, United States Code, with regard to any future revisions
to those provisions of the Natural Resources Conservation Service State
technical guides that are used to carry out subtitles A, B, and C of
title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.).
Subtitle
F <<NOTE: National Natural Resources Conservation Foundation
Act.>> --National Natural
Resources Conservation Foundation
SEC. 351. <<NOTE: 16 USC 5801 note.>> SHORT TITLE.
This subtitle may be cited as the ``National Natural
Resources
Conservation Foundation Act''.
SEC. 352. <<NOTE: 16 USC 5801.>> DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) Board.--The term ``Board'' means the Board of Trustees
established under section
354.
(2) Department.--The term ``Department'' means the
Department of Agriculture.
(3) Foundation.--The term ``Foundation'' means the National
Natural Resources Conservation
Foundation established by section
353(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 353. <<NOTE: 16 USC 5802.>> NATIONAL NATURAL
RESOURCES CONSERVATION
FOUNDATION.
(a) Establishment.--A National Natural Resources
Conservation
Foundation is established as a charitable and nonprofit corporation
for
charitable, scientific, and educational purposes specified in subsection
(b). The Foundation is not an agency or instrumentality of the United
States.
(b) Duties.--The Foundation shall--
(1) promote innovative solutions to the problems associated
with the conservation of
natural resources on private lands,
particularly with respect
to agriculture and soil and water
conservation;
(2) promote voluntary partnerships between government and
private interests in the
conservation of natural resources;
(3) conduct research and undertake educational activities,
conduct and support demonstration
projects, and make grants to
State and local agencies
and nonprofit organizations;
(4) provide such other leadership and support as may be
necessary to address conservation
challenges, such as the
prevention of excessive
soil erosion, the enhancement of soil
and water quality, and the
protection of wetlands, wildlife
habitat, and strategically
important farmland subject to urban
conversion and fragmentation;
(5) encourage, accept, and administer private gifts of money
and real and personal property
for the benefit of, or in
connection with, the conservation
and related activities and
services of the Department,
particularly the Natural Resources
Conservation Service;
(6) undertake, conduct, and encourage educational,
technical, and other assistance,
and other activities, that
support the conservation
and related programs administered by
the Department (other than
activities carried out on National Forest
System lands), particularly
the Natural Resources Conservation
Service, except that the
Foundation may not enforce or
administer a regulation
of the Department; and
(7) raise private funds to promote the purposes of the
Foundation.
(c) Limitations and Conflicts of Interest.--
(1) Political activities.--The Foundation shall not
participate or intervene
in a political campaign on behalf of
any candidate for public
office.
(2) Conflicts of interest.--No director, officer, or
employee of the Foundation
shall participate, directly or
indirectly, in the consideration
or determination of any
question before the Foundation
affecting--
(A) the financial interests of the director,
officer, or employee; or
(B) the interests of any corporation, partnership,
entity, organization, or other person in which the
director, officer, or employee--
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial
interest.
(3) Legislation or government action or policy.--No funds of
the Foundation may be used
in any manner for the purpose of
influencing legislation
or government action or policy.
(4) Litigation.--No funds of the Foundation may be used to
bring or join an action
against the United States.
SEC. 354. <<NOTE: 16 USC 5803.>> COMPOSITION AND OPERATION.
(a) Composition.--The Foundation shall be administered
by a Board of
Trustees that shall consist of 9 voting members, each of whom shall
be a
United States citizen and not a Federal officer. The Board shall be
composed of--
(1) individuals with expertise in agricultural conservation
policy matters;
(2) a representative of private sector organizations with a
demonstrable interest in
natural resources conservation;
(3) a representative of statewide conservation
organizations;
(4) a representative of soil and water conservation
districts;
(5) a representative of organizations outside the Federal
Government that are dedicated
to natural resources conservation
education; and
(6) a farmer or rancher.
(b) Nongovernmental Employees.--Service as a member
of the Board
shall not constitute employment by, or the holding of, an office of
the
United States for the purposes of any Federal law.
(c) Membership.--
(1) Initial members.--The Secretary shall appoint 9 persons
who meet the criteria established
under subsection (a) as the
initial members of the Board
and designate 1 of the members as
the initial chairperson
for a 2-year term.
(2) Terms of office.--
(A) In general.--A member of the Board shall serve
for a term of 3 years, except that the members appointed
to the initial Board shall serve, proportionately, for
terms of 1, 2, and 3 years, as determined by the
Secretary.
(B) Limitation on terms.--No individual may serve
more than 2 consecutive 3-year terms as a member of the
Board.
(3) Subsequent members.--The initial members of the Board
shall adopt procedures in
the constitution of the Foundation for
the nomination and selection
of subsequent members of the Board.
The procedures shall require
that each member, at a minimum,
meets the criteria established
under subsection (a) and shall
provide for the selection
of an individual, who is not a Federal
officer or a member of the
Board.
(d) Chairperson.--After the appointment of an initial
chairperson
under subsection (c)(1), each succeeding chairperson of the Board shall
be elected by the members of the Board for a 2-year term.
(e) Vacancies.--A vacancy on the Board shall be
filled by the Board
not later than 60 days after the occurrence of the vacancy.
(f) Compensation.--A member of the Board shall receive
no
compensation from the Foundation for the service of the member on the
Board.
(g) Travel Expenses.--While away from the home or
regular place of
business of a member of the Board in the performance of services for
the
Board, the member shall be allowed travel expenses paid by the
Foundation, including per diem in lieu of subsistence, at the same
rate
as a person employed intermittently in the Government service is allowed
under section 5703 of title 5, United States Code.
SEC. 355. <<NOTE: 16 USC 5804.>> OFFICERS AND EMPLOYEES.
(a) In General.--The Board may--
(1) appoint, hire, and discharge the officers and employees
of the Foundation, other
than appoint the initial Executive
Director of the Foundation;
(2) adopt a constitution and bylaws for the Foundation that
are consistent with the
purposes of this subtitle; and
(3) undertake any other activities that may be necessary to
carry out this subtitle.
(b) Officers and Employees.--
(1) Appointment and hiring.--An officer or employee of the
Foundation--
(A) shall not, by virtue of the appointment or
employment of the officer or employee, be considered a
Federal employee for any purpose, including the
provisions of title 5, United States Code, governing
appointments in the competitive service, except that
such an individual may participate in the Federal
employee retirement system as if the individual were a
Federal employee; and
(B) may not be paid by the Foundation a salary in
excess of $125,000 per year.
(2) Executive director.--
(A) Initial director.--The Secretary shall appoint
an individual to serve as the initial Executive Director
of the Foundation who shall serve, at the direction of
the Board, as the chief operating officer of the
Foundation.
(B) Subsequent directors.--The Board shall appoint
each subsequent Executive Director of the Foundation who
shall serve, at the direction of the Board, as the chief
operating officer of the Foundation.
(C) Qualifications.--The Executive Director shall be
knowledgeable and experienced in matters relating to
natural resources conservation.
SEC. 356. <<NOTE: 16 USC 5805.>> CORPORATE POWERS
AND OBLIGATIONS OF THE
FOUNDATION.
(a) In General.--The Foundation--
(1) may conduct business throughout the United States and
the territories and possessions
of the United States; and
(2) shall at all times maintain a designated agent who is
authorized to accept service
of process for the Foundation, so
that the serving of notice
to, or service of process on, the
agent, or mailed to the
business address of the agent, shall be
considered as service on
or notice to the Foundation.
(b) Seal.--The Foundation shall have an official
seal selected by
the Board that shall be judicially noticed.
(c) Powers.--To carry out the purposes of the Foundation
under
section 353(b), the Foundation shall have, in addition to the powers
otherwise provided under this subtitle, the usual powers of a
corporation, including the power--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest,
either absolutely or in trust, of
real or personal property
or any income from, or other interest
in, the gift, devise, or
bequest;
(2) to acquire by purchase or exchange any real or personal
property or interest in
property, except that funds provided
under section 360 may not
be used to purchase an interest in
real property;
(3) unless otherwise required by instrument of transfer, to
sell, donate, lease, invest,
reinvest, retain, or otherwise
dispose of any property
or income from property;
(4) to borrow money from private sources and issue bonds,
debentures, or other debt
instruments, subject to section 359,
except that the aggregate
amount of the borrowing and debt
instruments outstanding
at any time may not exceed $1,000,000;
(5) to sue and be sued, and complain and defend itself, in
any court of competent jurisdiction,
except that a member of the
Board shall not be personally
liable for an action in the
performance of services
for the Board, except for gross
negligence;
(6) to enter into a contract or other agreement with an
agency of State or local
government, educational institution, or
other private organization
or person and to make such payments
as may be necessary to carry
out the functions of the
Foundation; and
(7) to do any and all acts that are necessary to carry out
the purposes of the Foundation.
(d) Interests in Property.--
(1) Interests in real property.--The Foundation may acquire,
hold, and dispose of lands,
waters, or other interests in real
property by donation, gift,
devise, purchase, or exchange. An
interest in real property
shall be treated, among other things,
as including an easement
or other right for the preservation,
conservation, protection,
or enhancement of agricultural,
natural, scenic, historic,
scientific, educational,
inspirational, or recreational
resources.
(2) Gifts.--A gift, devise, or bequest may be accepted by
the Foundation even though
the gift, devise, or bequest is
encumbered, restricted,
or subject to a beneficial interest of a
private person if any current
or future interest in the gift,
devise, or bequest is for
the benefit of the Foundation.
SEC. 357. <<NOTE: 16 USC 5806.>> ADMINISTRATIVE SERVICES AND SUPPORT.
For each of fiscal years 1996 through 1998, the Secretary
may
provide, without reimbursement, personnel, facilities, and other
administrative services of the Department to the Foundation.
SEC. 358. <<NOTE: 16 USC 5807.>> AUDITS AND
PETITION OF ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--
(1) In general.--The accounts of the Foundation shall be
audited in accordance with
Public Law 88-504 (36 U.S.C. 1101 et
seq.), including an audit
of lobbying and litigation activities
carried out by the Foundation.
(2) Conforming amendment.--The first section of Public Law
88-504 (36 U.S.C. 1101)
is amended by adding at the end the
following:
``(77) The National Natural Resources Conservation
Foundation.''.
(b) Relief With Respect to Certain Foundation Acts
or Failure To
Act.--The Attorney General may petition in the United States District
Court for the District of Columbia for such equitable relief as may
be
necessary or appropriate, if the Foundation--
(1) engages in, or threatens to engage in, any act,
practice, or policy that
is inconsistent with this subtitle; or
(2) refuses, fails, neglects, or threatens to refuse, fail,
or neglect, to discharge
the obligations of the Foundation under
this subtitle.
SEC. 359. <<NOTE: 16 USC 5808.>> RELEASE FROM LIABILITY.
(a) In General.--The United States shall not be liable
for any debt,
default, act, or omission of the Foundation. The full faith and credit
of the United States shall not extend to the Foundation.
(b) Statement.--An obligation issued by the Foundation,
and a
document offering an obligation, shall include a prominent statement
that the obligation is not directly or indirectly guaranteed, in whole
or in part, by the United States (or an agency or instrumentality of
the
United States).
SEC. 360. <<NOTE: 16 USC 5809.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department
to be made
available to the Foundation $1,000,000 for each of fiscal years 1997
through 1999 to initially establish and carry out activities of the
Foundation.
SEC. 371. OFFICE OF INTERNATIONAL FORESTRY.
Section 2405 of the Food, Agriculture, Conservation,
and Trade Act
of 1990 (7 U.S.C. 6704) is amended by adding at the end the following:
``(d) Authorization of Appropriations.--There are
authorized to be
appropriated for each of fiscal years 1996 through 2002 such sums as
are
necessary to carry out this section.''.
SEC. 372. COOPERATIVE WORK FOR PROTECTION, MANAGEMENT,
AND IMPROVEMENT
OF NATIONAL FOREST SYSTEM.
The penultimate paragraph of the matter under the
heading ``FOREST
SERVICE.'' of the first section of the Act of June 30, 1914 (38 Stat.
430, chapter 131; 16 U.S.C. 498), is amended--
(1) by inserting ``, management,'' after ``the protection'';
(2) by striking ``national forests,'' and inserting
``National Forest System,'';
(3) by inserting ``management,'' after ``protection,'' both
places it appears; and
(4) by adding at the end the following: ``Payment for work
undertaken pursuant to this
paragraph may be made from any
appropriation of the Forest
Service that is available for
similar work if a written
agreement so provides and
reimbursement will be provided
by a cooperator in the same
fiscal year as the expenditure
by the Forest Service. A
reimbursement received from
a cooperator that covers the
proportionate share of the
cooperator of the cost of the work
shall be deposited to the
credit of the appropriation of the
Forest Service from which
the payment was initially made or, if
the appropriation is no
longer available, to the credit of an
appropriation of the Forest
Service that is available for
similar work. <<NOTE:
Rules.>> The Secretary of Agriculture
shall establish written
rules that establish criteria to be used
to determine whether the
acceptance of contributions of money
under this paragraph would
adversely affect the ability of an
officer or employee of the
Department of Agriculture to carry
out a duty or program of
the officer or employee in a fair and
objective manner or would
compromise, or appear to compromise,
the integrity of the program,
officer, or
employee. <<NOTE:
Rules.>> The Secretary of Agriculture shall
establish written rules
that protect the interests of the Forest
Service in cooperative work
agreements.''.
SEC. 373. FORESTRY INCENTIVES PROGRAM.
Section 4 of the Cooperative Forestry Assistance
Act of 1978 (16
U.S.C. 2103) is amended--
(1) in subsection (j), by striking ``annually'' and
inserting ``for each of
fiscal years 1996 through 2002''; and
(2) by striking subsection (k).
SEC. 374. OPTIONAL STATE GRANTS FOR FOREST LEGACY PROGRAM.
Section 7 of the Cooperative Forestry Assistance
Act of 1978 (16
U.S.C. 2103c) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Optional State Grants.--
``(1) In general.--The Secretary shall, at the request of a
participating State, provide
a grant to the State to carry out
the Forest Legacy Program
in the State.
``(2) Administration.--If a State elects to receive a grant
under this subsection--
``(A) the Secretary shall use a portion of the funds
made available under subsection (m), as determined by
the Secretary, to provide a grant to the State; and
``(B) the State shall use the grant to carry out the
Forest Legacy Program in the State, including the
acquisition by the State of lands and interests in
lands.''.
Subtitle H--Miscellaneous Conservation Provisions
SEC. 381. CONSERVATION ACTIVITIES OF COMMODITY CREDIT CORPORATION.
(a) In General.--Section 5 of the Commodity Credit
Corporation
Charter Act (15 U.S.C. 714c) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Carry out conservation or environmental programs
authorized by
law.''.
(b) <<NOTE: 15 USC 714c note.>> Effective
Date.--The amendments made
by subsection (a) shall become effective on January 1, 1997.
SEC. 382. FLOODPLAIN EASEMENTS.
Section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203)
is amended by inserting ``, including the purchase of floodplain
easements,'' after ``emergency measures''.
SEC. 383. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
Section 1538 of the Agriculture and Food Act of 1981
(16 U.S.C.
3461) is amended by striking ``1991 through 1995'' and inserting ``1996
through 2002''.
SEC. 384. REPEAL OF REPORT REQUIREMENT.
Section 1342 of title 44, United States Code, is repealed.
SEC. 385. <<NOTE: 7 USC 7334.>> FLOOD RISK REDUCTION.
(a) In General.--During fiscal years 1996 through
2002, the
Secretary of Agriculture (referred to in this section as the
``Secretary'') may enter into a contract with a producer on a farm
who
has contract acreage under the Agricultural Market Transition Act that
is frequently flooded.
(b) Duties of Producers.--Under the terms of the
contract, with
respect to acres that are subject to the contract, the producer must
agree to--
(1) the termination of any contract acreage and production
flexibility contract under
the Agricultural Market Transition
Act;
(2) forgo loans for contract commodities, oilseeds, and
extra long staple cotton;
(3) not apply for crop insurance issued or reinsured by the
Secretary;
(4) comply with applicable highly erodible land and wetlands
conservation compliance
requirements established under
title XII of the Food Security
Act of 1985 (16 U.S.C. 3801 et
seq.);
(5) not apply for any conservation program payments from the
Secretary;
(6) not apply for disaster program benefits provided by the
Secretary; and
(7) refund the payments, with interest, issued under the
flood risk reduction contract
to the Secretary, if the producer
violates the terms of the
contract or if the producer transfers
the property to another
person who violates the contract.
(c) Duties of the Secretary.--In return for a contract
entered into
by a producer under this section, the Secretary shall pay the producer
an amount that is not more than 95 percent of projected contract
payments under the Agricultural Market Transition Act that the Secretary
estimates the producer would otherwise have received during the period
beginning at the time the contract is entered into under this section
and ending September 30, 2002.
(d) Commodity Credit Corporation.--The Secretary
shall carry out the
program authorized by this section (other than subsection (e)) through
the Commodity Credit Corporation.
(e) Additional Payments.--
(1) In general.--Subject to the availability of advanced
appropriations, the Secretary
may make payments to a producer
described in subsection
(a), in addition to the payments
provided under subsection
(c), to offset other estimated Federal
Government outlays on frequently
flooded land.
(2) Authorization of appropriations.--There are authorized
to be appropriated such
sums as are necessary to carry out
paragraph (1).
(f) Limitation on Payments.--Amounts made available
for production
flexibility contracts under section 113 shall be reduced by an amount
that is equal to the contract payments that producers forgo under
subsection (b)(1) of this section.
SEC. 386. <<NOTE: 16 USC 2005b.>> CONSERVATION OF PRIVATE GRAZING LAND.
(a) Findings.--Congress finds that--
(1) private grazing land constitutes nearly \1/2\ of the
non-Federal land of the
United States and is basic to the
environmental, social, and
economic stability of rural
communities;
(2) private grazing land contains a complex set of
interactions among soil,
water, air, plants, and animals;
(3) grazing land constitutes the single largest watershed
cover type in the United
States and contributes significantly to
the quality and quantity
of water available for all of the many
uses of the land;
(4) private grazing land constitutes the most extensive
wildlife habitat in the
United States;
(5) private grazing land can provide opportunities for
improved nutrient management
from land application of animal
manures and other by-product
nutrient resources;
(6) owners and managers of private grazing land need to
continue to recognize conservation
problems when the problems
arise and receive sound
technical assistance to improve or
conserve grazing land resources
to meet ecological and economic
demands;
(7) new science and technology must continually be made
available in a practical
manner so owners and managers of
private grazing land may
make informed decisions concerning
vital grazing land resources;
(8) agencies of the Department with private grazing land
responsibilities are the
agencies that have the expertise and
experience to provide technical
assistance, education, and
research to owners and managers
of private grazing land for the
long-term productivity and
ecological health of grazing land;
(9) although competing demands on private grazing land
resources are greater than
ever before, assistance to private
owners and managers of private
grazing land is currently limited
and does not meet the demand
and basic need for adequately
sustaining or enhancing
the private grazing land resources; and
(10) private grazing land can be enhanced to provide many
benefits to all citizens
of the United States through voluntary
cooperation among owners
and managers of the land, local
conservation districts,
and the agencies of the Department
responsible for providing
assistance to owners and managers of
land and to conservation
districts.
(b) Purpose.--It is the purpose of this section to
authorize the
Secretary to provide a coordinated technical, educational, and related
assistance program to conserve and enhance private grazing land
resources and provide related benefits to all citizens of the United
States by--
(1) establishing a coordinated and cooperative Federal,
State, and local grazing
conservation program for management of
private grazing land;
(2) strengthening technical, educational, and related
assistance programs that
provide assistance to owners and
managers of private grazing
land;
(3) conserving and improving wildlife habitat on private
grazing land;
(4) conserving and improving fish habitat and aquatic
systems through grazing
land conservation treatment;
(5) protecting and improving water quality;
(6) improving the dependability and consistency of water
supplies;
(7) identifying and managing weed, noxious weed, and brush
encroachment problems on
private grazing land; and
(8) integrating conservation planning and management
decisions by owners and
managers of private grazing land, on a
voluntary basis.
(c) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Agriculture.
(2) Private grazing land.--The term ``private grazing land''
means private, State-owned,
tribally-owned, and any other non-
federally owned rangeland,
pastureland, grazed forest land, and
hay land.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(d) Private Grazing Land Conservation Assistance.--
(1) Assistance to grazing landowners and others.--Subject to
the availability of appropriations
for this section, the
Secretary shall establish
a voluntary program to provide
technical, educational,
and related assistance to owners and
managers of private grazing
land and public agencies, through
local conservation districts,
to enable the landowners,
managers, and public agencies
to voluntarily carry out
activities that are consistent
with this section, including--
(A) maintaining and improving private grazing land
and the multiple values and uses that depend on private
grazing land;
(B) implementing grazing land management
technologies;
(C) managing resources on private grazing land,
including--
(i) planning, managing, and treating private
grazing land resources;
(ii) ensuring the long-term sustainability of
private grazing land resources;
(iii) harvesting, processing, and marketing
private grazing land resources; and
(iv) identifying and managing weed, noxious
weed, and brush encroachment problems;
(D) protecting and improving the quality and
quantity of water yields from private grazing land;
(E) maintaining and improving wildlife and fish
habitat on private grazing land;
(F) enhancing recreational opportunities on private
grazing land;
(G) maintaining and improving the aesthetic
character of private grazing lands; and
(H) identifying the opportunities and encouraging
the diversification of private grazing land enterprises.
(2) Program elements.--
(A) Funding.--If funding is provided to carry out
this section, it shall be provided through a specific
line-item in the annual appropriations for the Natural
Resources Conservation Service.
(B) Technical assistance and education.--Personnel
of the Department trained in pasture and range
management shall be made available under the program to
deliver and coordinate technical assistance and
education to owners and managers of private grazing
land, at the request of the owners and managers.
(e) Grazing Technical Assistance Self-Help.--
(1) Findings.--Congress finds that--
(A) there is a severe lack of technical assistance
for farmers and ranchers who graze livestock;
(B) Federal budgetary constraints preclude any
significant expansion, and may force a reduction of,
current levels of technical support; and
(C) farmers and ranchers have a history of
cooperatively working together to address common needs
in the promotion of their products and in the drainage
of wet areas through drainage districts.
(2) Establishment of grazing demonstration.--In accordance
with paragraph (3), the
Secretary may establish 2 grazing
management demonstration
districts at the recommendation of the
grazing lands conservation
initiative steering committee.
(3) Procedure.--
(A) Proposal.--Within a reasonable time after the
submission of a request of an organization of farmers or
ranchers engaged in grazing, the Secretary shall propose
that a grazing management district be established.
(B) Funding.--The terms and conditions of the
funding and operation of the grazing management district
shall be proposed by the producers.
(C) Approval.--The Secretary shall approve the
proposal if the Secretary determines that the proposal--
(i) is reasonable;
(ii) will promote sound grazing practices; and
(iii) contains provisions similar to the
provisions contained in the beef promotion and
research order issued under section 4 of the Beef
Research and Information Act (7 U.S.C. 2903) in
effect on the date of enactment of this Act.
(D) Area included.--The area proposed to be included
in a grazing management district shall be determined by
the Secretary on the basis of a petition by farmers or
ranchers.
(E) Authorization.--The Secretary may use authority
under the Agricultural Adjustment Act (7 U.S.C. 601 et
seq.), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, to operate, on a
demonstration basis, a grazing management district.
(F) Activities.--The activities of a grazing
management district shall be scientifically sound
activities, as determined by the Secretary in
consultation with a technical advisory committee
composed of ranchers, farmers, and technical experts.
(f) Authorization of Appropriations.--There are authorized
to be
appropriated to carry out this section--
(1) $20,000,000 for fiscal year 1996;
(2) $40,000,000 for fiscal year 1997; and
(3) $60,000,000 for fiscal year 1998 and each subsequent
fiscal year.
SEC. 387. <<NOTE: Establishment. 16 USC 3836a.>>
WILDLIFE HABITAT
INCENTIVES PROGRAM.
(a) In General.--The Secretary of Agriculture, in
consultation with
the State technical committees established under section 1261 of the
Food Security Act of 1985 (16 U.S.C. 3861), shall establish a program
under the Natural Resources Conservation Service to be known as the
``Wildlife Habitat Incentive Program''.
(b) Cost-Share Payments.--Under the program, the
Secretary shall
make cost-share payments to landowners to develop upland wildlife,
wetland wildlife, threatened and endangered species, fish, and other
types of wildlife habitat approved by the Secretary.
(c) Funding.--To carry out this section, a total
of $50,000,000
shall be made available for fiscal years 1996 through 2002 from funds
made available to carry out subchapter B of chapter 1 of subtitle D
of
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).
SEC. 388. <<NOTE: Establishment. 16 USC 3830
note.>> FARMLAND PROTECTION
PROGRAM.
(a) In General.--The Secretary of Agriculture shall
establish and
carry out a farmland protection program under which the Secretary shall
purchase conservation easements or other interests in not less than
170,000, nor more than 340,000, acres of land
with prime, unique, or other productive soil that is subject to a
pending offer from a State or local government for the purpose of
protecting topsoil by limiting nonagricultural uses of the land.
(b) Conservation Plan.--Any highly erodible cropland
for which a
conservation easement or other interest is purchased under this section
shall be subject to the requirements of a conservation plan that
requires, at the option of the Secretary, the conversion of the cropland
to less intensive uses.
(c) Funding.--The Secretary shall use not more than
$35,000,000 of
the funds of the Commodity Credit Corporation to carry out this section.
SEC. 389. <<NOTE: National Forest Service.>>
INTERIM MORATORIUM ON
BYPASS FLOWS.
(a) Moratorium.--There shall be an 18-month <<NOTE:
Water. 16 USC
526 note.>> moratorium on any Forest Service decision to require bypass
flows or any other relinquishment of the unimpaired use of a decreed
water right as a condition of renewal or reissuance of a land use
authorization permit.
(b) Limitations.--Subsection (a) shall not affect--
(1) obligations or authority of the Secretary of Agriculture
to protect public health
and safety; and
(2) obligations or authority under the Endangered Species
Act of 1973 (16 U.S.C. 1531
et seq.), or applicable State law.
(c) Rules of Construction.--
(1) Existing non-federal water rights.--Nothing in this
section prevents or inhibits
the exercise of the use and
operation of existing non-Federal
water rights on or above the
National Forest land that
require land use authorization permits
from the Forest Service
to access water supply facilities.
(2) Renewal or reissuance of expiring land use authorization
for decreed water rights.--Nothing
in this section prevents or
inhibits the renewal or
reissuance of expiring land use
authorizations for decreed
water rights. The Forest Service may
extend, as needed, any expiring
land use authorization for such
time as is necessary to
incorporate the results of the study
authorized by subsection
(d).
(d) Study of Water Rights Across Federal Lands.--
(1) Establishment.--Not later than 60 days after the date of
enactment of this Act, there
shall be established a Water Rights
Task Force to study the
subjects described in paragraph (3).
(2) Membership.--The Task Force shall be composed of 7
members appointed as follows:
(A) 1 member shall be appointed by the Secretary of
Agriculture.
(B) 2 members shall be appointed by the Speaker of
the House of Representatives and 1 member shall be
appointed by the Minority Leader of the House of
Representatives.
(C) 2 members shall be appointed by the Majority
Leader of the Senate and 1 member shall be appointed by
the Minority Leader of the Senate.
(3) Subjects to be studied.--The Task Force shall study and
make recommendations on--
(A) whether Federal water rights should be acquired
for environmental protection on National Forest land;
(B) measures necessary to protect the free exercise
of non-Federal water rights requiring easements and
permits from the Forest Service;
(C) the protection of minimum instream flows for
environmental and watershed management purposes on
National Forest land through purchases or exchanges from
willing sellers in accordance with State law;
(D) the effects of any of the recommendations made
under this paragraph on existing State laws,
regulations, and customs of water usage; and
(E) measures that would be useful in avoiding or
resolving conflicts between the Forest Service's
responsibilities for natural resource and environmental
protection, the public interest, and the property rights
and interests of water holders with special use permits
for water facilities, including the study of the Federal
acquisition of water rights, dispute resolution,
mitigation, and compensation.
(4) Final report.--As soon as practicable, but not later
than 1 year, after the date
of enactment of this Act, the Task
Force shall provide the
final report of the Task Force to--
(A) the Secretary of Agriculture;
(B) the Speaker of the House of Representatives;
(C) the President pro tempore of the Senate;
(D) the Chairman of the Committee on Agriculture of
the House of Representatives;
(E) the Chairman of the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
(F) the Chairman of the Committee on Resources of
the House of Representatives; and
(G) the Chairman of the Committee on Energy and
Natural Resources of the Senate.
(5) Authorization of funds.--The Secretary of Agriculture
shall use funds made available
for salaries and administrative
expenses of the Department
of Agriculture to carry out this
subsection.
SEC. 390. <<NOTE: Florida.>> EVERGLADES ECOSYSTEM RESTORATION.
(a) In General.--On July 1, 1996, out of any funds
in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall provide
$200,000,000 to the Secretary of the Interior to carry out this section.
(b) Entitlement.--The Secretary of the Interior
(referred to in this
section as the ``Secretary'')--
(1) shall be entitled to receive the funds made available
under subsection (a);
(2) shall accept the funds; and
(3) shall use the funds to--
(A) conduct restoration activities in the Everglades
ecosystem in South Florida, which shall include the
acquisition of real property and interests in real
property located within the Everglades ecosystem; and
(B) fund resource protection and resource
maintenance activities in the Everglades ecosystem.
(c) Savings Provision.--Nothing in this subsection
precludes the
Secretary from transferring funds to the Army Corps of Engineers, the
State of Florida, or the South Florida Water Management District to
carry out subsection (b)(3).
(d) Deadline.--The Secretary shall use the funds
made available
under subsection (a) for restoration activities referred to in
subsection (b)(3) not later than December 31, 1999.
(e) Report to Congress.--For each of calendar years
1996 through
1999, the Secretary shall submit an annual report to Congress describing
all activities carried out under subsection (b)(3).
(f) Separate and Additional Everglades Restoration
Account.--
(1) Establishment.--There is established in the Treasury a
special account (to be known
as the ``Everglades Restoration
Account''), which shall
consist of such funds as may be
deposited in the account
under paragraph (2). The account shall
be separate, and in addition
to, funds deposited in the Treasury
under subsection (a).
(2) Source of funds for account.--
(A) Proceeds from surplus property.--
(i) In general.--Subject to subparagraph (B),
the Administrator shall deposit in the special
account all funds received by the Administrator,
on or after the date of enactment of this Act,
from the disposal pursuant to the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.) of surplus real property located in
the State of Florida.
(ii) Availability and disposition of federal
land.--
(I) Identification.--Any Federal
real property located in the State of
Florida (excluding lands under the
administrative jurisdiction of the
Secretary that are set aside for
conservation purposes) shall be
identified for disposal or exchange
under this subsection and shall be
presumed available for purposes of this
subsection unless the head of the agency
controlling the property determines that
there is a compelling program need for
any property identified by the
Secretary.
(II) Availability.--Property
identified by the Secretary for which
there is no demonstrated compelling
program need shall, not later than 90
days after a request by the Secretary,
be reported to the Administrator and
shall be made available to the
Administrator who shall consider the
property to be surplus property for
purposes of the Federal Property and
Administrative Services Act of 1949 (40
U.S.C. 471 et seq.).
(III) Prioritization of
disposition.--The Administrator may
prioritize the disposition of property
made available under this subparagraph
to permit the property to be sold as
quickly as practicable in a manner that
is consistent with the best interests of
the Federal Government.
(B) Limit on total amount of deposits.--The total
amount of funds deposited in the special account under
subparagraph (A) shall not exceed $100,000,000.
(C) Effect on closure of military installations.--
Nothing in this section alters the disposition of any
proceeds arising from the disposal of real property
pursuant to a base closure law.
(3) Use of special account.--Funds in the special account
shall be available to the
Secretary until expended under this
paragraph. The Secretary
shall use funds in the special account
to assist in the restoration
of the Everglades ecosystem in
South Florida through--
(A) subject to paragraph (4), the acquisition of
real property and interests in real property located
within the Everglades ecosystem; and
(B) the funding of resource protection and resource
maintenance activities in the Everglades ecosystem.
(4) State contribution.--The Secretary may not expend any
funds from the special account
to acquire a parcel of real
property, or an interest
in a parcel of real property, under
paragraph (3)(A) unless
the Secretary obtains, or has previously
obtained, a contribution
from the State of Florida in an amount
equal to not less than 50
percent of the appraised value of the
parcel or interest to be
acquired, as determined by the
Secretary.
(5) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means
the Administrator of General Services.
(B) Base closure law.--The term ``base closure law''
means each of the following:
(i) The Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
(ii) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note).
(iii) Section 2687 of title 10, United States
Code.
(iv) Any other similar law enacted after the
date of enactment of this Act.
(C) Everglades ecosystem.--The term ``Everglades
ecosystem'' means the Florida Everglades Restoration
area that extends from the Kissimmee River basin to
Florida Bay.
(D) Excess property.--The term ``excess property''
has the meaning provided in section 3 of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(E) Executive agency.--The term ``executive agency''
has the meaning provided in section 3 of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(F) Special account.--The term ``special account''
means the Everglades Restoration Account established
under paragraph (1).
(G) Surplus property.--The term ``surplus property''
has the meaning provided in section 3 of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(g) Report To Determine the Feasibility of Additional
Land
Acquisition and Restoration Activities.--
(1) In general.--The Secretary shall conduct an
investigation to determine
what, if any, unreserved and
unappropriated Federal lands
(or mineral interests in any such
lands) under the administrative
jurisdiction of the Secretary
are suitable for disposal
or exchange for the purpose of conducting
restoration activities in
the Everglades region.
(2) Conservation lands.--No lands under the administrative
jurisdiction of the Secretary
that are set aside for
conservation purposes shall
be identified for disposal or
exchange under this subsection.
(3) Florida.--In carrying out this subsection, the Secretary
shall, to the maximum extent
practicable, determine which lands
and mineral interests located
within the State of Florida are
suitable for disposal or
exchange before making the
determination for eligible
lands or interests in other States.
(4) Public access.--In carrying out this subsection, the
Secretary shall consider
that in disposing of lands, the
Secretary shall retain such
interest in the lands as may be
necessary to ensure that
the general public is not precluded
from reasonable access to
the lands for purposes of fishing,
hunting, or other recreational
uses.
(5) Report.--Not later than 1 year after the date of
enactment of this Act, the
Secretary shall submit a report to
the Committee on Resources
of the House of Representatives and
the Committee on Energy
and Natural Resources of the Senate
describing the results of
the investigation conducted under this
subsection. The report shall
describe the specific parcels
identified under this subsection,
establish the priorities for
disposal or exchange among
the parcels, and estimate the values
of the parcels.
SEC. 391. <<NOTE: 7 USC 5405.>> AGRICULTURAL
AIR QUALITY RESEARCH
OVERSIGHT.
(a) Findings.--Congress finds that--
(1) various studies have alleged that agriculture is a
source of PM-10 emissions;
(2) many of these studies have often been based on erroneous
data;
(3) Federal research activities are currently being
conducted by the Department
of Agriculture to determine the true
extent to which agricultural
activities contribute to air
pollution and to determine
cost-effective ways in which the
agricultural industry can
reduce any pollution that exists; and
(4) any Federal policy recommendations that may be issued by
any Federal agency to address
air pollution problems related to
agriculture or any other
industrial activity should be based on
sound scientific findings
that are subject to adequate peer
review and should take into
account economic feasibility.
(b) Purpose.--The purpose of this section is to encourage
the
Secretary of Agriculture to continue to strengthen vital research
efforts related to agricultural air quality.
(c) Oversight Coordination.--
(1) Intergovernmental cooperation.--The Secretary shall, to
the maximum extent practicable
with respect to the Department of
Agriculture and other Federal
departments and agencies, ensure
intergovernmental cooperation
in research activities related to
agricultural air quality
and avoid duplication of the
activities.
(2) Correct data.--The Secretary shall, to the maximum
extent practicable, ensure
that the results of any research
related to agricultural
air quality conducted by Federal
agencies not report erroneous
data with respect to agricultural air
quality.
(d) Task Force.--
(1) Establishment.--The Chief of the National Resources
Conservation Service shall
establish a task force to address
agricultural air quality
issues.
(2) Composition.--The task force shall be comprised of
employees of the Department
of Agriculture, industry
representatives, and other
experts in the fields of agriculture
and air quality.
(3) Duties.--The task force shall advise the Secretary with
respect to the role of the
Secretary for providing oversight and
coordination related to
agricultural air quality.