§3838b. Agricultural water quality protection program
(a) Incentives
(1) In general
During the 1991 through 1995 calendar years, the Secretary shall formulate and carry out a voluntary incentive program, in accordance with this part, through agreements to assist owners and operators of a farm in developing and implementing a water quality protection plan pursuant to this section.
(2) Agreements
The Secretary shall enter into agreements of 3 to 5 years upon the request of owners and operators of farms in eligible areas but shall not enter into any such agreements after December 31, 1995.
(3) Duties of owners and operators
In order to receive annual incentive payments, an owner or operator of a farm must agree-
(A) to implement a water quality protection plan approved by the Secretary subject to the agreement established under this part;
(B) not to conduct any practices on the farm that would tend to defeat the purposes of this part;
(C) to comply with such additional provisions as the Secretary determines are desirable and are included in the agreement to carry out the water quality protection plan or to facilitate the practical administration of the program;
(D) on the violation of a term or condition of the agreement at any time the owner or operator has control of the land to refund any incentive or cost share payment received with interest and forfeit any such future payments as determined by the Secretary;
(E) on the transfer of the right and interest of the owner or operator in land subject to the agreement, unless the transferee of such right and interest agrees with the Secretary to assume all obligations of the agreement, to refund any such cost share and incentive payments received under this part, as determined by the Secretary;
(F) to accurately report nutrient, pesticide and animal waste materials usage rates on management areas for three previous years; and
(G) to supply production evidence, well test results, soil tests, tissue tests, nutrient application levels, pesticide application levels, and animal waste material usage levels, to the Soil Conservation Service or another designee of the Secretary including the local conservation district for each year of the agreement, as determined necessary by the Secretary.
(4) Wetland or wildlife habitat options
(A) Cost share assistance
Owners and operators who voluntarily agree to develop and implement agricultural production practices, in concert with their water quality protection plan, that preserve and enhance wetland or wildlife habitat, shall also be eligible to receive cost share assistance for the implementation of such practices. The Secretary shall develop procedures for approving such agricultural practices, as a part of and consistent with the objectives of the water quality protection plan, that qualify for cost share assistance.
(B) Wetland preservation and wildlife habitat improvement options
(i) Wetland preservation
The Secretary shall encourage owners and operators who choose the wetland preservation option to implement, improve and maintain agricultural production practices, in concert with their water quality protection plan, that are designed to preserve and enhance existing wetland.
(ii) Wildlife habitat improvement
The Secretary shall encourage owners and operators who choose the wildlife habitat improvement option to implement, improve and maintain agricultural production practices, in concert with their water quality protection plan, that are designed to improve on-farm wildlife habitat, including the establishment of perennial cover, the protection of riparian areas, wildlife corridors, and areas of critical habitat for endangered species.
(5) Duties of Secretary
In return for an incentive agreement voluntarily entered into under this part, the Secretary shall assist the owner or operator in the protection and improvement of surface and groundwater quality and related resources by-
(A) providing an eligibility assessment of the farming operation as a basis for developing the water quality protection plan and any options associated with such plan;
(B) providing technical assistance in developing and implementing agricultural water quality protection plans;
(C) providing an annual incentive payment for developing and implementing agricultural production practices in accordance with an approved water quality protection plan submitted by the owner or operator;
(D) providing cost share assistance for implementing the wetland preservation or wildlife habitat improvement options;
(E) providing participants with information, education, and training to aid in implementation of a plan; and
(F) encouraging the owner or operator to obtain cost share assistance under other Federal, State, or local cost share programs.
(6) Payments
(A) Terms
Payments shall be made under this section for a period of not less than 3 nor more than 5 years, as determined appropriate by the Secretary, and as specified in the contract entered into under the program established under this part.
(B) Amounts
(i) Incentive
In determining the amount of incentive payment to be made to a participant under this part, the Secretary shall consider, among other things, the amount necessary on a per acre basis to encourage producers to participate, additional costs incurred by the producer, and the production values forgone, if any, in implementing the practices.
(ii) Limitation
Cost share payments shall be made in an amount not to exceed 50 percent of the cost of the eligible practice.
(C) Limitations
Payments to a participant agreeing to implement a plan on acres devoted to the production of an agricultural commodity under this part shall not exceed-
(i) $3500 per person per year in the form of incentive payments; and
(ii) not more than an additional $1500 per person per contract in the form of cost share assistance.
(D) Manner
The Secretary may make a lump sum payment to an owner or operator of the total incentive payments required under a contract entered into under this part, as reduced to present value, if such lump sum payment is necessary to enable the producer to pay the initial costs of implementing a practice required under such contract.
(E) Other programs
Payments received by an owner or operator under this part shall be in addition to, and not affect, the total amount of payments that such owner or operator is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), except that payments for a practice or practices shall not be made under this part if payments or assistance is provided for such practice under any other Federal program.
(7) Modifications
The Secretary may modify an agreement entered into with a participant under this part if the participant agrees to such modification and the Secretary determines such modifications are desirable-
(A) to carry out this part;
(B) if natural causes prevent the implementation, improvement or maintenance of practices as required under such contract;
(C) if the contract cannot be carried out without economic losses that threaten the viability of the farming operation;
(D) if the owner or operator and the Secretary agree on contract modifications that will not compromise the water quality goals and objectives in the existing contract and that will be no less effective or timely in achieving such goals and objectives than the existing contract;
(E) to facilitate the practical administration of this part; or
(F) to achieve such other goals as the Secretary determines are appropriate, consistent with this part.
(8) Termination
The Secretary may terminate an agreement entered into with a participant under this part if-
(A)(i) the producer agrees to such termination; or
(ii) the producer violates the terms and conditions of the agreement; and
(B) the Secretary determines that such termination would be in the public interest.
(9) Refunds
The Secretary shall obtain refunds of incentive and cost share payments with interest, to the extent determined by the Secretary to be in the public interest, if an agreement is terminated or violated.
(10) Base and yield protection
An owner or operator agreeing to implement an approved water quality protection plan pursuant to this part shall, by regulations established by the Secretary, receive program payment yield and base protection on the farm during the agreement period.
(11) Acreage levels
The Secretary shall, to the extent practicable, seek to enter into agreements with participants to place into the program a total of 10 million acres during the 1991 through 1995 calendar years.
(b) Content of plans
Agricultural water quality protection plans should include as applicable-
(1) a description of the prevailing farm enterprises, cropping patterns, and cultural practices, and other information that may be relevant to protecting water quality on the farm;
(2) a description of farm resources, including soil characteristics, proximity to water bodies, and other relevant characteristics of the farm related to water quality;
(3) to the extent practicable, specific, quantitative water quality protection goals and objectives that will minimize contamination or degradation of surface or ground water;
(4) water quality protection practices that will, if implemented by a producer, assist such producer in complying with State and Federal environmental laws, and where appropriate, will complement conservation plans prepared for highly erodible lands under section 3812 of this title;
(5) the specific agricultural production practices that will be implemented, improved and maintained, including practices that ensure continued farm productivity and profitability by promoting the efficient use of fertilizers, other crop nutrients, and pesticides, as well as management practices that are to be avoided, in order to carry out and achieve the water quality goals and objectives of the producer;
(6) to the extent practicable, water quality protection practices for safe storage, mixing and loading of pesticides and fertilizers, and storage and handling of animal waste;
(7) the timing and sequence for implementing such practices that will assist the producer in complying with State and Federal environmental laws, taking into consideration schedules that may be established in such laws;
(8) information that will enable evaluation of the effectiveness of the plan in protecting water quality; and
(9) recommendations of application rates and disposal methods of nutrients, pesticides, and animal waste materials as recommended by the Secretary.
(c) Plan development
The Secretary, acting through the Assistant Secretary for Natural Resources and Environment, shall establish a procedure to enable agricultural producers to develop agricultural water quality protection plans pursuant to this section.
(d) Protection of confidentiality
The Secretary shall protect the confidentiality of the information contained in these plans to the extent confidentiality is provided under current law to information contained in conservation plans under section 3812 of this title. The Secretary shall provide notice to producers that information contained in the plans developed under this subsection will be available to the public upon request.
(e) Acceptance of contracts
The Secretary shall begin accepting contracts within one year after November 28, 1990.
(f) Federal or State provisions
Acceptance of an agreement under this section or receipt of assistance pursuant to section 3838d of this title shall not be deemed to satisfy the requirements of any State or Federal law.
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References in Text
This Act, referred to in subsec. (a)(6)(E), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (a)(6)(E), is
The Agricultural Act of 1949, referred to in subsec. (a)(6)(E), is act Oct. 31, 1949, ch. 792,
Section Referred to in Other Sections
This section is referred to in sections 3838c, 3862 of this title.