§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 [7 U.S.C. 7201 et seq.] shall be eligible to participate in the conservation farm option offered under a pilot program under subsection (a) of this section if the owner or producer meets the conditions established under section (e) of this section.
(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 chapter; 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 subpart B of part I of this subchapter;
(B) the wetlands reserve program established under subpart C of part I of this subchapter; and
(C) the environmental quality incentives program established under part IV of this subchapter.
(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) 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 equivalent 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.
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References in Text
The Agricultural Market Transition Act, referred to in subsec. (b), is title I of