SUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAM
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part I—Environmental Conservation Acreage Reserve Program
Part Referred to in Other Sections
This part is referred to in
subpart a—general provisions
§3830. 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 subpart B;
(B) the wetlands reserve program established under subpart C; and
(C) the environmental quality incentives program established under part IV of this subchapter.
(b) Administration
(1) 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 part and part IV of this subchapter.
(2) Prior enrollments
Acreage enrolled in the conservation reserve or wetlands reserve program prior to April 4, 1996, 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 part and part IV of this subchapter.
(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 (
(3) Producers
The Secretary may provide technical assistance, cost-share payments, and incentive payments to producers in a conservation priority area under this part and part IV of this subchapter 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.
(
References in Text
The Federal Water Pollution Control Act, referred to in subsec. (c)(2), is act June 30, 1948, ch. 758, as amended generally by
Amendments
1996—
1993—Subsec. (b).
Conservation Assistance
"(a)
"(1) any agency of any State or local government, or federally recognized Indian tribe, including farmland protection boards and land resource councils established under State law; and
"(2) any organization that—
"(A) is organized for, and at all times since the formation of the organization has been operated principally for, one or more of the conservation purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue Code of 1986 [
"(B) is an organization described in section 501(c)(3) of that Code [
"(C) is described in section 509(a)(2) of that Code [
"(D) is described in section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code.
"(b)
"(1)
"(A) address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat;
"(B) comply with Federal and State environmental laws; and
"(C) make 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.
"(2)
"(3)
Farmland Protection Program
Section 388 of
"(a)
"(b)
"(c)
Section Referred to in Other Sections
This section is referred to in
§3830a. Good faith reliance
(a) In general
Except as provided in subsection (d) of this section and notwithstanding any other provision of this part, the Secretary shall provide equitable relief to an owner or operator that has entered into a contract under this part, and that is subsequently determined to be in violation of the contract, if the owner or operator in attempting to comply with the terms of the contract and enrollment requirements took actions in good faith reliance on the action or advice of an authorized representative of the Secretary.
(b) Types of relief
The Secretary shall—
(1) to the extent the Secretary determines that an owner or operator has been injured by good faith reliance described in subsection (a) of this section, allow the owner or operator to do any one or more of the following—
(A) to retain payments received under the contract;
(B) to continue to receive payments under the contract;
(C) to keep all or part of the land covered by the contract enrolled in the applicable program under this part;
(D) to reenroll all or part of the land covered by the contract in the applicable program under this part; or
(E) or 1 any other equitable relief the Secretary deems appropriate; and
(2) require the owner or operator to take such actions as are necessary to remedy any failure to comply with the contract.
(c) Relation to other law
The authority to provide relief under this section shall be in addition to any other authority provided in this or any other Act.
(d) Exception
This section shall not apply to a pattern of conduct in which an authorized representative of the Secretary takes actions or provides advice with respect to an owner or operator that the representative and the owner or operator know are inconsistent with applicable law (including regulations).
(e) Applicability of relief
Relief under this section shall be available for contracts in effect on January 1, 2000 and for all subsequent contracts.
(
References in Text
This Act, referred to in subsec. (c), is
subpart b—conservation reserve
Subpart Referred to in Other Sections
This subpart is referred to in
§3831. Conservation reserve
(a) In general
Through the 2002 calendar year, the Secretary shall formulate and carry out the enrollment of lands in a conservation reserve program through the use of contracts to assist owners and operators of lands specified in subsection (b) of this section to conserve and improve the soil and water resources of such lands.
(b) Eligible lands
The Secretary may include in the program established under this subpart—
(1) highly erodible croplands that—
(A) if permitted to remain untreated could substantially reduce the production capability for future generations; or
(B) can not be farmed in accordance with a plan under
(2) marginal pasture lands converted to wetland or established as wildlife habitat prior to November 28, 1990;
(3) marginal pasture lands to be devoted to trees in or near riparian areas or for similar water quality purposes, not to exceed 10 percent of the number of acres of land that is placed in the conservation reserve under this subpart in each of the 1991 through 2002 calendar years;
(4) croplands that are otherwise not eligible—
(A) if the Secretary determines that (i) such lands contribute to the degradation of water quality or would pose an on-site or off-site environmental threat to water quality if permitted to remain in agricultural production, and (ii) water quality objectives with respect to such land cannot be achieved under the water quality incentives program established under part II of this subchapter;
(B) if such croplands are newly-created, permanent grass sod waterways, or are contour grass sod strips established and maintained as part of an approved conservation plan;
(C) that will be devoted to newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, or filterstrips devoted to trees or shrubs; or
(D) if the Secretary determines that such lands pose an off-farm environmental threat, or pose a threat of continued degradation of productivity due to soil salinity, if permitted to remain in production.
(c) Certain land affected by secretarial action
For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subpart, land shall be considered planted to an agricultural commodity during a crop year if an action of the Secretary prevented land from being planted to the commodity during the crop year.
(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 (
(e) Duration of contract
(1) In general
For the purpose of carrying out this subpart, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.
(2) Certain lands
In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subpart after October 1, 1990, and land devoted to such uses under contracts modified under
(f) Conservation priority areas
(1) Designation
Upon application by the appropriate State agency, the Secretary shall designate watershed areas of the Chesapeake Bay Region (Pennsylvania, Maryland, and Virginia), the Great Lakes Region, the Long Island Sound Region, and other areas of special environmental sensitivity as conservation priority areas.
(2) Eligible watersheds
Watersheds eligible for designation under this subsection shall include areas with actual and significant adverse water quality or habitat impacts related to agricultural production activities.
(3) Expiration
Conservation priority area designation under this subsection shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw a watershed's designation—
(A) upon application by the appropriate State agency; or
(B) in the case of areas specified in this subsection, if the Secretary finds that such areas no longer contain actual and significant adverse water quality or habitat impacts related to agricultural production activities.
(4) Duty of Secretary
In utilizing the authority granted under this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in such watersheds by promoting a significant level of enrollment of lands within such watersheds in the program under this subpart by whatever means the Secretary determines appropriate and consistent with the purposes of this subpart.
(g) Multi-year grasses and legumes
For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.
(h) Pilot program for enrollment of wetland and buffer acreage in conservation reserve
(1) In general
During the 2001 and 2002 calendar years, the Secretary shall carry out a pilot program in the States of Iowa, Minnesota, Montana, Nebraska, North Dakota, and South Dakota under which the Secretary shall include eligible acreage described in paragraph (3) in the program established under this subpart.
(2) Participation among States
The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each of the States referred to in paragraph (1) have an equitable opportunity to participate in the pilot program established under this subsection.
(3) Eligible acreage
(A) In general
Subject to subparagraphs (B) through (D), an owner or operator may enroll in the conservation reserve under this subsection—
(i) a wetland (including a converted wetland described in
(ii) buffer acreage that—
(I) is contiguous to the wetland described in clause (i);
(II) is used to protect the wetland; and
(III) is of such width as the Secretary determines is necessary to protect the wetland, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds the wetland.
(B) Exclusions
An owner or operator may not enroll in the conservation reserve under this subsection—
(i) any wetland, or land on a floodplain, that is, or is adjacent to, a perennial riverine system wetland identified on the final national wetland inventory map of the Secretary of the Interior; or
(ii) in the case of an area that is not covered by the final national inventory map, any wetland, or land on a floodplain, that is adjacent to a perennial stream identified on a 1–24,000 scale map of the United States Geological Survey.
(C) Program limitations
(i) In general
The Secretary may enroll in the conservation reserve under this subsection—
(I) not more than 500,000 acres in all States referred to in paragraph (1); and
(II) not more than 150,000 acres in any one State referred to in paragraph (1).
(ii) Relationship to program maximum
Subject to clause (iii), for the purposes of subsection (d) of this section, any acreage enrolled in the conservation reserve under this subsection shall be considered acres maintained in the conservation reserve.
(iii) Relationship to other enrolled acreage
Acreage enrolled under this subsection shall not affect for any fiscal year the quantity of—
(I) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or
(II) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).
(D) Owner or operator limitations
(i) Wetland
The maximum size of any wetland described in subparagraph (A)(i) of an owner or operator enrolled in the conservation reserve under this subsection shall be 5 contiguous acres.
(ii) Buffer acreage
The maximum size of any buffer acreage described in subparagraph (A)(ii) of an owner or operator enrolled in the conservation reserve under this subsection shall be the greater of—
(I) three times the size of any wetland described in subparagraph (A)(i) to which the buffer acreage is contiguous; or
(II) 150 feet on either side of the wetland.
(iii) Tracts
The maximum size of any eligible acreage described in subparagraph (A) in a tract (as determined by the Secretary) of an owner or operator enrolled in the conservation reserve under this subsection shall be 40 acres.
(4) Duties of owners and operators
Under a contract entered into under this subsection, during the term of the contract, an owner or operator of a farm or ranch must agree—
(A) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary;
(B) to establish vegetative cover on the eligible acreage, as determined by the Secretary; and
(C) to carry out other duties described in
(5) Duties of the Secretary
(A) In general
Except as provided in subparagraphs (B) and (C), in return for a contract entered into by an owner or operator under this subsection, the Secretary shall make payments and provide assistance to the owner or operator in accordance with
(B) Continuous signup
The Secretary shall use continuous signup under
(C) Incentives
The amounts payable to owners and operators in the form of rental payments under contracts entered into under this subsection shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under
(
Codification
Amendments
2000—Subsec. (h).
1996—Subsecs. (a), (b)(3).
Subsec. (d).
1993—Subsec. (d).
1992—Subsec. (b)(4)(C).
1990—
1986—Subsec. (f).
Regulations
"(a)
"(b)
"(1) the notice and comment provisions of
"(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
"(3)
"(c)
Study of Impact of Pilot Program
"(a)
"(1) enrollment of owners and operators in—
"(A) the conservation reserve program established under subchapter B of
"(B) the wetlands reserve program established under subchapter C of
"(C) other Federal and State conservation programs;
"(2) types of environmentally sensitive acreage that have not been enrolled in the wetlands reserve program; and
"(3) conservation of soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat.
"(b)
Study of Land Use for Expiring Contracts and Extension of Authority
Section 1437 of
"(a)
"(1) the environmental benefits of such lands that remain out of crop production as compared to the economic benefits that would result from returning such lands to production under adequate stewardship and management;
"(2) the renewal of the contracts in a manner that allows for certain sustainable economic uses of cropland in return for lower rental payments;
"(3) the purchase of permanent easements permitting specified economic uses of cropland subject to the contracts;
"(4) the purchase of the cropland subject to the contracts;
"(5) the preservation of crop acreage bases associated with cropland subject to the contracts if the owner or operator continues to devote the cropland to conserving uses;
"(6) the purchase of crop acreage bases associated with cropland subject to the contracts; and
"(7) the expiration of the contracts.
"(b)
"(c)
"(1) extend up to 10 years contracts entered into under subchapter B of
"(2) purchase long-term or permanent easements as provided for in
at the option of the owner or operator on land that the Secretary has determined under the study conducted under subsection (a) should remain in conserving uses."
Existing Conservation Programs
Section Referred to in Other Sections
This section is referred to in
§3832. Duties of owners and operators
(a) Terms of contract
Under the terms of a contract entered into under this subpart, during the term of such contract, an owner or operator of a farm or ranch must agree—
(1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting eligible lands normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass, legumes, forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan;
(2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subpart;
(3) not to use such land for agricultural purposes, except as permitted by the Secretary;
(4) to establish approved vegetative cover, or water cover for the enhancement of wildlife, on such land, except that—
(A) such water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes; and
(B) the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if—
(i) the failure to plant such cover was due to excessive rainfall or flooding;
(ii) the land subject to the contract that could practicably be planted to such cover is planted to such cover; and
(iii) the land on which the owner or operator was unable to plant such cover is planted to such cover after the wet conditions that prevented the planting subsides;
(5) in addition to the remedies provided under
(A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest thereon as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Soil Conservation Service, determines that such violation is of such nature as to warrant termination of the contract; or
(B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that such violation does not warrant termination of the contract;
(6) on the transfer of the right and interest of the owner or operator in land subject to the contract—
(A) to forfeit all rights to rental payments and cost sharing payments under the contract; and
(B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this subpart;
unless the transferee of such land agrees with the Secretary to assume all obligations of the contract, or the transferee and the Secretary agree to modifications to such contract, where such modifications are consistent with the objectives of the program as determined by the Secretary; Provided however, no refund of rental payments and cost sharing payments shall be required when the land is purchased by or for the United States Fish and Wildlife Service;
(7) not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that the Secretary—
(A) may permit—
(i) harvesting or grazing or other commercial use of the forage on land that is subject to the contract in response to a drought or other similar emergency; and
(ii) limited grazing on such land where such grazing is incidental to the gleaning of crop residues on the fields in which such land is located and occurs—
(I) in the case of land other than eligible acreage enrolled under
(II) in the case of eligible acreage enrolled under
(B) shall approve not more than six projects, no more than one of which may be in any State, under which land subject to the contract may be harvested for recovery of biomass used in energy production if—
(i) no acreage subject to the contract is harvested more than once every other year;
(ii) not more than 25 percent of the total acreage enrolled in the program under this subpart in any crop reporting district (as designated by the Secretary), is harvested in any 1 year;
(iii) no portion of the crop is used for any commercial purpose other than energy production from biomass;
(iv) no wetland, or acreage of any type enrolled in a partial field conservation practice (including riparian forest buffers, filter strips, and buffer strips), is harvested;
(v) the owner or operator agrees to a payment reduction under this section in an amount determined by the Secretary.
(C) the total acres for all of the projects shall not exceed 250,000 acres.
(8) not to conduct any planting of trees on land that is subject to the contract unless the contract specifies that the harvesting and commercial sale of trees such as Christmas trees are prohibited, nor otherwise make commercial use of trees on land that is subject to the contract unless it is expressly permitted in the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that no contract shall prohibit activities consistent with customary forestry practice, such as pruning, thinning, or stand improvement of trees, on lands converted to forestry use;
(9) not to adopt any practice specified by the Secretary in the contract as a practice that would tend to defeat the purposes of this subpart; and
(10) to comply with such additional provisions as the Secretary determines are desirable and are included in the contract to carry out this subpart or to facilitate the practical administration thereof.
(b) Conversion plan provisions
The plan referred to in subsection (a)(1) of this section—
(1) shall set forth—
(A) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and
(B) the commercial use, if any, to be permitted on the land during such term; and
(2) may provide for the permanent retirement of any existing cropland base and allotment history for the land.
(c) Environmental use
To the extent practicable, not less than one-eighth of land that is placed in the conservation reserve under this subpart during the 1991 through 2002 calendar years shall be devoted to trees, or devoted to shrubs or other noncrop vegetation or water that may provide a permanent habitat for wildlife including migratory waterfowl.
(d) Alley cropping
(1) The Secretary may permit alley cropping of agricultural commodities on land that is subject to contracts entered into under this subpart, if—
(A) such land is planted to hardwood trees;
(B) such agricultural commodities will be produced in conjunction with, and in close proximity to, such hardwood trees; and
(C) the owner or operator of such land agrees to implement appropriate conservation practices concerning such land.
(2) The Secretary shall develop a bid system by which owners and operators may offer to reduce their annual rental payments in exchange for permission to produce agricultural commodities on such land in accordance with this subsection. The Secretary shall not accept offers under this paragraph that provide for less than a 50 percent reduction in such annual payments.
(3) The Secretary shall ensure that the total annual rental payments over the term of any contract modified under this subsection are not in excess of that specified in the original contract.
(4) For the purposes of this subsection, the term "alley cropping" means the practice of planting rows of trees bordered on each side by a narrow strip of groundcover, alternated with wider strips of row crops or grain.
(e) Foreclosure
Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subpart may not be required to make repayments to the Secretary of amounts received under such contract if the land that is subject to such contract has been foreclosed upon and the Secretary determines that forgiving such repayments is appropriate in order to provide fair and equitable treatment. This subsection shall not void the responsibilities of such an owner or operator under the contract if such owner or operator resumes control over the property that is subject to the contract within the period specified in the contract. Upon the resumption of such control over the property by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.
(
References in Text
The Agricultural Act of 1949, referred to in subsec. (a)(7), is act Oct. 31, 1949, ch. 792,
Codification
Amendments
2000—Subsec. (a)(4).
Subsec. (a)(7)(A)(ii).
1999—Subsec. (a)(7).
Subsec. (a)(9) to (11).
"(A) not to produce an agricultural commodity for the duration of the contract on any other highly erodible land that such owner or operator has purchased after November 28, 1990, and that does not have a history of being used to produce an agricultural commodity other than forage crops; and
"(B) on the violation of a contract described in subparagraph (A), to be subject to the sanctions described in paragraph (5)."
1996—Subsec. (c).
1992—Subsec. (a)(6).
1991—Subsec. (a)(6).
Subsec. (a)(7).
1990—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(11).
Subsec. (c).
Subsecs. (d), (e).
Section Referred to in Other Sections
This section is referred to in
§3833. Duties of Secretary
In return for a contract entered into by an owner or operator under
(1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest;
(2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for—
(A) the conversion of highly erodible cropland normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; and
(B) the retirement of any cropland base and allotment history that the owner or operator agrees to retire permanently; and
(3) provide conservation technical assistance to assist the owner or operator in carrying out the contract.
(
Section Referred to in Other Sections
This section is referred to in
§3834. Payments
(a) Time of cost-sharing and annual rental payments
The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—
(1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as possible after the obligation is incurred; and
(2) with respect to any annual rental payment obligation incurred by the Secretary—
(A) as soon as practicable after October 1 of each calendar year; or
(B) at the discretion of the Secretary, at any time prior to such date during the year that the obligation is incurred.
(b) Federal percentage of cost sharing payments
(1) In making cost sharing payments to an owner or operator under a contract entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under such contracts for which the Secretary determines that cost-sharing is appropriate and in the public interest.
(2) The Secretary shall not make any payment under this subpart to the extent that the total amount of cost sharing payments provided to such owners and operators from all sources would exceed 100 percent of the total establishment costs.
(3) In the case of land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subpart after November 28, 1990, or in the case of land converted to such production under
(4) The Secretary may permit owners or operators who contract to devote at least 10 acres of land to the production of hardwood trees under this subpart to extend the planting of such trees over a 3-year period if at least one-third of such trees are planted in each of the first 2 years.
(5) An owner or operator shall not be eligible to receive or retain cost share assistance under this subsection if such owner or operator receives any other Federal cost share assistance with respect to such land under any other provision of law.
(c) Annual rental payments; encouragement factor; method of determination; acceptance of contract offers
(1) In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland normally devoted to the production of an agricultural commodity to less intensive use, the Secretary may consider, among other things, the amount necessary to encourage owners or operators of highly erodible cropland to participate in the program established by this subpart.
(2) The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through—
(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or
(B) such other means as the Secretary determines are appropriate.
(3) In determining the acceptability of contract offers, the Secretary may—
(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and
(B) establish different criteria in various States and regions of the United States based upon the extent to which water quality or wildlife habitat may be improved or erosion may be abated.
(4) In the case of acreage enrolled in the conservation reserve established under this subpart that is to be devoted to hardwood trees, the Secretary may consider bids for contracts under this subsection on a continuous basis.
(d) Cash or in-kind payments
(1) Except as otherwise provided in this section, payments under this subpart—
(A) shall be made in cash or in commodities in such amount and on such time schedule as is agreed on and specified in the contract; and
(B) may be made in advance of determination of performance.
(2) If such payment is made with in-kind commodities, such payment shall be made by the Commodity Credit Corporation—
(A) by delivery of the commodity involved to the owner or operator at a warehouse or other similar facility located in the county in which the highly erodible cropland is located or at such other location as is agreed to by the Secretary and the owner or operator;
(B) by the transfer of negotiable warehouse receipts; or
(C) by such other method, including the sale of the commodity in commercial markets, as is determined by the Secretary to be appropriate to enable the owner or operator to receive efficient and expeditious possession of the commodity.
(3) If stocks of a commodity acquired by the Commodity Credit Corporation are not readily available to make full payment in kind to the owner or operator, the Secretary may substitute full or partial payment in cash for payment in kind.
(4) Payments to a producer under a special conservation reserve enhancement program described in subsection (f)(4) of this section shall be in the form of cash only.
(e) Regulations: payments upon death, disability, or succession
If an owner or operator who is entitled to a payment under a contract entered into under this subpart dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(f) Rental payments fiscal year limitation; regulations; receipt of other payments unaffected; application of limit to payments received by a State, political subdivision, or agency
(1) The total amount of rental payments, including rental payments made in the form of in-kind commodities, made to an owner or operator under this subpart for any fiscal year may not exceed $50,000.
(2)(A) The Secretary shall issue regulations—
(i) defining the term "person" as used in this subsection; and
(ii) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection.
(B) The regulations issued by the Secretary on December 18, 1970, under
(3) Rental payments received by an owner or operator 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 (
(4) The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987, shall not be applicable to payments received by a State, political subdivision, or agency thereof in connection with agreements entered into under a special conservation reserve enhancement program carried out by that entity that has been approved by the Secretary. The Secretary may enter into such agreements for payments to States, political subdivisions, or agencies thereof that the Secretary determines will advance the purposes of this subpart.
(g) Contracts unaffected by certain Presidential orders
Notwithstanding any other provision of law, no order issued for any fiscal year under
(h) Cost share assistance
In addition to any payment under this subpart, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling lands in the conservation reserve program.
(
References in Text
November 28, 1990, referred to in subsec. (b)(3), was in the original "the date of enactment of this section", and was translated as meaning the date of enactment of
This Act, referred to in subsec. (f)(3), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (f)(3), is
The Agricultural Act of 1949, referred to in subsec. (f)(3), is act Oct. 31, 1949, ch. 792,
Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (f)(4), is section 1305(d) of
Amendments
1990—Subsec. (a).
Subsec. (b).
Subsec. (c)(1), (2).
Subsec. (c)(3).
"(A) take into consideration the extent of erosion on the land that is the subject of the contract and the productivity of the acreage diverted;
"(B) where appropriate, accept contract offers that provide for the establishment of—
"(i) shelterbelts and windbreaks; or
"(ii) permanently vegetated stream borders, filter strips of permanent grass, forbs, shrubs, and trees that will reduce sedimentation substantially;
"(C) establish different criteria in various States and regions of the United States to determine the extent to which erosion may be abated; and
"(D) give priority to offers made by owners and operators who are subject to the highest degree of economic stress, such as a general tightening of agricultural credit or an unfavorable relationship between production costs and prices received for agricultural commodities."
Subsec. (c)(4).
Subsec. (d)(1).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f).
Subsec. (f)(3).
Subsecs. (g), (h).
1988—Subsec. (f)(4).
Effective Date of 1988 Amendment
Section 322 of
Conservation Research Application
For provisions directing that enumerated provisions of the Food Security Act of 1985 shall apply to the conservation reserve program under this subchapter with respect to rental payments to persons under contracts entered into after Dec. 22, 1987, with certain exceptions, see section 1305(d) of
Section Referred to in Other Sections
This section is referred to in
§3835. Contracts
(a) Ownership or operation requirement
(1) No contract shall be entered into under this subpart concerning land with respect to which the ownership has changed in the 1-year period preceding the first year of the contract period unless—
(A) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(B) the new ownership was acquired before January 1, 1985;
(C) the Secretary determines that the land was acquired under circumstances that give adequate assurance that such land was not acquired for the purpose of placing it in the program established by this subpart; or
(D) the ownership change occurred due to foreclosure on the land and the owner of the land immediately before the foreclosure exercises a right of redemption from the mortgage holder in accordance with State law.
(2) Paragraph (1) shall not—
(A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this subpart; or
(B) require a person to own the land as a condition of eligibility for entering into the contract if the person—
(i) has operated the land to be covered by a contract under this section for at least 1 year preceding the date of the contract or since January 1, 1985, whichever is later; and
(ii) controls the land for the contract period.
(b) Sales or transfers; options
If during the term of a contract entered into under this subpart an owner or operator of land subject to such contract sells or otherwise transfers the ownership or right of occupancy of such land, the new owner or operator of such land may—
(1) continue such contract under the same terms or conditions;
(2) enter into a new contract in accordance with this subpart; or
(3) elect not to participate in the program established by this subpart.
(c) Modification; waiver
(1) The Secretary may modify a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to such modification; and
(B) the Secretary determines that such modification is desirable—
(i) to carry out this subpart;
(ii) to facilitate the practical administration of this subpart; or
(iii) to achieve such other goals as the Secretary determines are appropriate, consistent with this subpart.
(2) The Secretary may modify or waive a term or condition of a contract entered into under this subpart in order to permit all or part of the land subject to such contract to be devoted to the production of an agricultural commodity during a crop year, subject to such conditions as the Secretary determines are appropriate.
(d) Termination; notice to Congressional Committees
(1) The Secretary may terminate a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to such termination; and
(B) the Secretary determines that such termination would be in the public interest.
(2) At least 90 days before taking any action to terminate under paragraph (1) all conservation reserve contracts entered into under this subpart, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(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 subpart 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 subpart 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 subchapters II and III of this chapter 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.
(
Amendments
1996—Subsec. (a)(1).
Subsec. (a)(2)(B)(i).
Subsec. (e).
1990—
1988—Subsec. (a)(1)(D).
Conservation Reserve
§3835a. Conversion of land subject to contract to other conserving uses
(a) Conversion to trees
(1) In general
The Secretary shall permit an owner or operator who has entered into a contract under this subpart that is in effect on November 28, 1990, to convert areas of highly erodible cropland that are subject to such contract, and that are devoted to vegetative cover, from such use to hardwood trees, windbreaks, shelterbelts, or wildlife corridors.
(2) Terms
(A) Extension of contract
With respect to a contract that is modified under this section that provides for the planting of hardwood trees, windbreaks, shelterbelts, or wildlife corridors, if the original term of the contract was less than 15 years, the owner or operator may extend the contract to a term of not to exceed 15 years.
(B) Cost share assistance
The Secretary shall pay 50 percent of the cost of establishing conservation measures and practices authorized under this subsection for which the Secretary determines the cost sharing is appropriate and in the public interest.
(b) Conversion to wetlands
The Secretary shall permit an owner or operator who has entered into a contract under this subpart that is in effect on November 28, 1990, to restore areas of highly erodible cropland that are devoted to vegetative cover under such contract to wetlands if—
(1) such areas are prior converted wetlands;
(2) the owner or operator of such areas enters into an agreement to provide the Secretary with a long-term or permanent easement under subpart C covering such areas;
(3) there is a high probability that the prior converted area can be successfully restored to wetland status; and
(4) the restoration of such areas otherwise meets the requirements of subpart C.
(c) Limitation
The Secretary shall not incur, through a conversion under this section, any additional expense on such acres, including the expense involved in the original establishment of the vegetative cover, that would result in cost share for costs in excess of the costs that would have been subject to cost share for the new practice had that practice been the original practice.
(d) Condition of contract
An owner or operator shall as a condition of entering into a contract under subsection (a) of this section participate in the Forest Stewardship Program established under
(
Amendments
1992—Subsec. (a)(2).
"(A)
"(B)
Section Referred to in Other Sections
This section is referred to in
§3836. Base history
(a) Reductions
A reduction, based on a ratio between the total cropland acreage on the farm and the acreage placed in the conservation reserve authorized by this subpart, as determined by the Secretary, shall be made during the period of the contract, in the aggregate, in crop bases, quotas, and allotments on the farm with respect to crops for which there is a production adjustment program.
(b) Basis for participation in other Federal programs
Notwithstanding
(c) Extension of preservation of cropland base and allotment history
The Secretary shall offer the owner or operator of a farm or ranch an opportunity to extend the preservation of cropland base and allotment history pursuant to subsection (b) of this section for such time as the Secretary determines to be appropriate after the expiration date of a contract under this subpart at the request of such owner or operator. In return for such extension, the owner or operator shall agree to continue to abide by the terms and conditions of the original contract, except that—
(1) such owner or operator shall receive no additional cost share, annual rental, or bonus payment; and
(2) the Secretary may permit, subject to such terms and conditions as the Secretary may impose, haying and grazing of acreage subject to such agreement, except during any consecutive 5 month period that is established by the State committee. Each 5 month period shall be established during the period beginning April 1 and ending October 31 of a year. In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage.
(d) Additional remedy for violations
In addition to any other remedy prescribed by law, the Secretary may reduce or terminate the amount of cropland base and allotment history preserved pursuant to subsection (c) of this section for acreage with respect to which a violation of a term or condition occurs.
(
Amendments
1990—Subsec. (a).
Subsecs. (c), (d).
Section Referred to in Other Sections
This section is referred to in
§3836a. Wildlife Habitat Incentive 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 (
(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
(
References in Text
The Food Security Act of 1985, referred to in subsec. (c), is
Codification
Section was enacted as part of the Federal Agriculture Improvement and Reform Act of 1996, and not as part of title XII of the Food Security Act of 1985 which comprises this chapter.
subpart c—wetlands reserve program
Subpart Referred to in Other Sections
This subpart is referred to in
§3837. Wetlands reserve program
(a) Establishment
The Secretary shall establish a wetlands reserve program to assist owners of eligible lands in restoring and protecting wetlands.
(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.
(C) Construction
For purposes of subparagraph (A), to the maximum extent practicable should be interpreted to mean that acceptance of wetlands reserve program bids may be in proportion to landowner interest expressed in program options.
(c) Eligibility
For purposes of enrolling land in the wetland reserve established under this subpart during the 1991 through 2002 calendar years, land shall be eligible to be placed into such reserve if the Secretary, in consultation with the Secretary of the Interior at the local level, determines that—
(1) such land maximizes wildlife benefits and wetland values and functions;
(2) such land is farmed wetland or converted wetland, together with adjacent lands that are functionally dependent on such wetlands, except that converted wetlands where the conversion was not commenced prior to December 23, 1985, shall not be eligible to be enrolled in the program under this section; and
(3) the likelihood of the successful restoration of such land and the resultant wetland values merit inclusion of such land in the program taking into consideration the cost of such restoration.
(d) Other eligible land
The Secretary may include in the wetland reserve established under this subpart, together with land that is eligible under subsection (c) of this section, land that maximizes wildlife benefits and that is—
(1) farmed wetland and adjoining lands, enrolled in the conservation reserve, with the highest wetland functions and values, and that are likely to return to production after they leave the conservation reserve;
(2) other wetland of an owner that would not otherwise be eligible if the Secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement; or
(3) riparian areas that link wetlands that are protected by easements or some other device or circumstance that achieves the same purpose as an easement.
(e) Ineligible land
The Secretary may not acquire easements on—
(1) land that contains timber stands established under the conservation reserve under subpart B; or
(2) pasture land established to trees under the conservation reserve under subpart B.
(f) Termination of existing contract
The Secretary may terminate or modify an existing contract entered into under
(g) Easements
The Secretary shall enroll lands in the wetland reserve through the purchase of easements as provided for in
(
Amendments
1998—Subsec. (b)(2)(C).
1996—Subsec. (b).
"(1) a total of not less than 330,000 acres by the end of the 1995 calendar year; and
"(2) a total of not less than 975,000 acres during the 1991 through 2000 calendar years."
Subsec. (c).
Subsec. (d).
1993—Subsec. (b).
Subsec. (c).
1991—Subsec. (d).
Effect of 1996 Amendments on Existing Agreements
Section 333(f) of
§3837a. Easements and agreements
(a) In general
To be eligible to place land into the wetland reserve under this subpart, the owner of such land shall enter into an agreement with the Secretary—
(1) to grant an easement on such land to the Secretary;
(2) to implement a wetland easement conservation plan as provided for in this section;
(3) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this subpart with respect to such lands; and
(4) to provide a written statement of consent to such easement signed by those holding a security interest in the land.
(b) Terms of easement
An owner granting an easement under subsection (a) of this section shall be required to provide for the restoration and protection of the functional values of wetland pursuant to a wetland easement conservation plan that—
(1) permits—
(A) repairs, improvements, and inspections on such land that are necessary to maintain existing public drainage systems if such land is subsequently restored to the condition required by the terms of the easement; and
(B) landowners to control public access on the easement areas while identifying access routes to be used for wetland restoration activities and management and easement monitoring;
(2) prohibits—
(A) the alteration of wildlife habitat and other natural features of such land, unless specifically permitted by the plan;
(B) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is permitted by the plan or is necessary—
(i) to comply with Federal or State noxious weed control laws; or
(ii) to comply with a Federal or State emergency pest treatment program; and
(C) any activities to be carried out on such participating landowner's or successor's land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and
(D) the adoption of any other practice that would tend to defeat the purposes of this subpart, as determined by the Secretary;
(3) provides for the efficient and effective restoration of the functional values of wetlands; and
(4) includes such additional provisions as the Secretary determines are desirable to carry out this subpart or to facilitate the practical administration thereof.
(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.
(d) Compatible uses
Wetland reserve program lands may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, or periodic haying or grazing, if such use is specifically permitted by the plan and consistent with the long-term protection and enhancement of the wetlands resources for which the easement was established.
(e) Type and length of easement
A conservation easement granted under this section—
(1) shall be in a recordable form; and
(2) shall be for 30 years, permanent, or the maximum duration allowed under applicable State laws.
(f) Compensation
Compensation for easements acquired by the Secretary under this subpart shall be made in cash in such amount as is agreed to and specified in the easement agreement, but not to exceed the fair market value of the land less the fair market value of such land encumbered by the easement. Lands may be enrolled through the submission of bids under a procedure established by the Secretary. 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.
(g) Violation
On the violation of the terms or conditions of the easement or related agreement entered into under subsection (a) of this section, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under this subpart, together with interest thereon as determined appropriate by the Secretary.
(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.
(
Amendments
1996—
Subsec. (c).
"(1)
"(2)
Subsec. (f).
Subsec. (h).
Effect of 1996 Amendments on Existing Agreements
Amendments made by section 333 of
Section Referred to in Other Sections
This section is referred to in
§3837b. Duties of owners
Under the terms of an agreement entered into under this subpart, an owner and operator of the land that is subject to an easement under this subpart shall agree to comply with the terms of the easement and related agreements and shall agree to the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary.
(
§3837c. Duties of Secretary
(a) In general
In return for the granting of an easement by an owner under this subpart, the Secretary shall—
(1) share the cost of carrying out the establishment of conservation measures and practices, and the protection of the wetland functions and values, as set forth in the plan to the extent that the Secretary determines that cost sharing is appropriate and in the public interest; and
(2) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the plan.
(b) Cost-share and technical assistance
(1) Easements
Effective beginning October 1, 1996, in making cost-share payments under subsection (a)(1) of this section, 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
(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.
(c) Acceptability of offers
In determining the acceptability of easement offers, the Secretary may take into consideration—
(1) the extent to which the purposes of the easement program would be achieved on the land;
(2) the productivity of the land; and
(3) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities.
(d) Easement priority
In carrying out this subpart, to the extent practicable, taking into consideration costs and future agricultural and food needs, the Secretary shall give priority to obtaining permanent conservation easements before shorter term conservation easements and, in consultation with the Secretary of the Interior, shall place priority on acquiring easements based on the value of the easement for protecting and enhancing habitat for migratory birds and other wildlife.
(
Amendments
1996—Subsec. (b).
Effect of 1996 Amendments on Existing Agreements
Amendments made by section 333 of
§3837d. Payments
(a) Time of payment
The Secretary shall provide payment for obligations incurred by the Secretary under this subpart—
(1) with respect to any cost sharing obligation as soon as possible after the obligation is incurred; and
(2) with respect to any annual easement payment obligation incurred by the Secretary as soon as possible after October 1 of each calendar year.
(b) Payments to others
If an owner who is entitled to a payment under this subpart dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(c) Payment limitation
(1) In general
The total amount of easement payments made to a person under this subpart for any year may not exceed $50,000, except such limitation shall not apply with respect to payments for perpetual or 30-year easements.
(2) Regulations
The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection.
(3) Other payments
Easement payments received by an owner shall be in addition to, and not affect, the total amount of payments that such owner is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (
(4) State wetland and environmental enhancement
The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (
(d) Exemption from automatic sequester
Notwithstanding any other provision of law, no order issued under
(
References in Text
This Act, referred to in subsec. (c)(3), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (c)(3), is
The Agricultural Act of 1949, referred to in subsec. (c)(3), is act Oct. 31, 1949, ch. 792,
Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (c)(4), is section 1305(d) of
Amendments
1998—Subsec. (c)(1).
§3837e. Changes in ownership; agreement modification; termination
(a) Limitations
No easement shall be created under this subpart on land that has changed ownership in the preceding 12 months unless—
(1) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(2) the new ownership was acquired before January 1, 1990; or
(3) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program established by this subpart.
(b) Modification; termination
(1) Modification
The Secretary may modify an easement acquired from, or a related agreement with, an owner under this subpart if—
(A) the current owner agrees to such modification; and
(B) the Secretary determines that such modification is desirable—
(i) to carry out this subpart;
(ii) to facilitate the practical administration of this subpart; or
(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this subpart.
(2) Termination
(A) In general
The Secretary may terminate an easement created with an owner under this subpart if—
(i) the current owner agrees to such termination; and
(ii) the Secretary determines that such termination would be in the public interest.
(B) Notice
At least 90 days before taking any action to terminate under paragraph (A) all easements entered into under this subpart, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(
§3837f. Administration and funding
(a) Delegation of easement administration
The Secretary may delegate any of the easement management, monitoring, and enforcement responsibilities of the Secretary to Federal or State agencies that have the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities.
(b) Regulations
Not later than 180 days after November 28, 1990, the Secretary shall issue such regulations as are necessary to carry out this subpart.
(
Part II—Agricultural Water Quality Incentives
§§3838 to 3838f. Repealed. Pub. L. 104–127, title III, §336(h), Apr. 4, 1996, 110 Stat. 1007
Section 3838,
Section 3838a,
Section 3838b,
Section 3838c,
Section 3838d,
Section 3838e,
Section 3838f,
Part III—Environmental Easement Program
Part Referred to in Other Sections
This part is referred to in
§3839. Environmental easement program
(a) Establishment
The Secretary shall, during the 1991 through 1995 calendar years, formulate and carry out an environmental easement program (hereafter in this part referred to as the "easement program") in accordance with this part, through the acquisition of permanent easements or easements for the maximum term permitted under applicable State law from willing owners of eligible farms or ranches in order to ensure the continued long-term protection of environmentally sensitive lands or reduction in the degradation of water quality on such farms or ranches through the continued conservation and improvement of soil and water resources.
(b) Eligibility; termination
(1) In general
The Secretary may acquire easements under this section on land placed in the conservation reserve under this subchapter (other than such land that is likely to continue to remain out of production and that does not pose an off-farm environmental threat), land under the Water Bank Act [
(A) contains riparian corridors;
(B) is an area of critical habitat for wildlife, especially threatened or endangered species; or
(C) contains other environmentally sensitive areas, as determined by the Secretary, that would prevent a producer from complying with other Federal, State, or local environmental goals if commodities were to be produced on such land.
(2) Ineligible land
The Secretary may not acquire easements on—
(A) land that contains timber stands established under the conservation reserve under this subchapter; or
(B) pasture land established to trees under the conservation reserve under this subchapter.
(3) Termination of existing contract
The Secretary may terminate or modify any existing contract entered into under
(
References in Text
The Water Bank Act, referred to in subsec. (b)(1), is
Amendments
1991—Subsec. (b)(1)(A).
§3839a. Duties of owners; components of plan
(a) Duties of owners
(1) Plan
In conjunction with the creation of an easement on any lands under this part, the owner of the farm or ranch wherein such lands are located must agree to implement a natural resource conservation management plan under subsection (b) of this section approved by the Secretary in consultation with the Secretary of the Interior.
(2) Agreement
In return for the creation of an easement on any lands under this part, the owner of the farm or ranch wherein such lands are located must agree to the following:
(A) To the creation and recordation of an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this part with respect to such lands.
(B) To provide a written statement of consent to such easement signed by those holding a security interest in the land.
(C) To comply with such additional provisions as the Secretary determines are desirable and are included in the easement to carry out this part or to facilitate the practical administration thereof.
(D) To specify the location of any timber harvesting on land subject to the easement. Harvesting and commercial sales of Christmas trees and nuts shall be prohibited on such land, except that no such easement or related agreement shall prohibit activities consistent with customary forestry practices, such as pruning, thinning, or tree stand improvement on lands converted to forestry uses.
(E) To limit the production of any agricultural commodity on such lands only to production for the benefit of wildlife.
(F) Not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the easement unless specifically provided for in the easement or related agreement.
(G) Not to adopt any other practice that would tend to defeat the purposes of this part, as determined by the Secretary.
(3) Violation
On the violation of the terms or conditions of the easement or related agreement entered into under this section, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under this part, together with interest thereon as determined appropriate by the Secretary.
(b) Components of plan
The natural resource conservation management plan referred to in subsection (a)(1) of this section (hereafter referred to as the "plan")—
(1) shall set forth—
(A) the conservation measures and practices to be carried out by the owner of the land subject to the easement; and
(B) the commercial use, if any, to be permitted on such land during the term of the easement; and
(2) shall provide for the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary.
(
§3839b. Duties of Secretary
In return for the granting of an easement by an owner under this part, the Secretary shall—
(1) share the cost of carrying out the establishment of conservation measures and practices set forth in the plan for which the Secretary determines that cost sharing is appropriate and in the public interest;
(2) pay for a period not to exceed 10 years annual easement payments in the aggregate not to exceed the lesser of—
(A) $250,000; or
(B) the difference in the value of the land with and without an easement;
(3) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the plan; and
(4) permit the land to be used for wildlife activities, including hunting and fishing, if such use is permitted by the owner.
(
§3839c. Payments
(a) Time of payment
The Secretary shall provide payment for obligations incurred by the Secretary under this part—
(1) with respect to any cost sharing obligation as soon as possible after the obligation is incurred; and
(2) with respect to any annual easement payment obligation incurred by the Secretary as soon as possible after October 1 of each calendar year.
(b) Cost sharing payments
In making cost sharing payments to owners under this part, the Secretary may pay up to 100 percent of the cost of establishing conservation measures and practices pursuant to this part.
(c) Easement payments; acceptability of offers
(1) Determination of amount
The Secretary shall determine the amount payable to owners in the form of easement payments under this part, and in making such determination may consider, among other things, the amount necessary to encourage owners to participate in the easement program.
(2) Acceptability of offers
In determining the acceptability of easement offers, the Secretary may take into consideration—
(A) the extent to which the purposes of the easement program would be achieved on the land;
(B) the productivity of the land; and
(C) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities.
(d) Form of payment
Except as otherwise provided in this section, payments under this part—
(1) shall be made in cash in such amount and at such time as is agreed on and specified in the easement or related agreement; and
(2) may be made in advance of a determination of performance.
(e) Payments to others
If an owner who is entitled to a payment under this part dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(f) Payment limitation
(1) In general
The total amount of easement payments made to a person under this part for any year may not exceed $50,000.
(2) Regulations
The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection.
(3) Other payments
Easement payments received by an owner shall be in addition to, and not affect, the total amount of payments that such owner is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (
(4) State environmental enhancement
The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (
(g) Exemption from automatic sequester
Notwithstanding any other provision of law, no order issued under
(
References in Text
This Act, referred to in subsec. (f)(3), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (f)(3), is
The Agricultural Act of 1949, referred to in subsec. (f)(3), is act Oct. 31, 1949, ch. 792,
Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (f)(4), is section 1305(d) of
§3839d. Changes in ownership; modification of easement
(a) Limitations
No easement shall be created under this part on land that has changed ownership in the preceding 12 months unless—
(1) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(2) the new ownership was acquired before January 1, 1990; or
(3) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program established by this part.
(b) Modification; termination
(1) Modification
The Secretary may modify an easement acquired from, or a related agreement with, an owner under this part if—
(A) the current owner of the land agrees to such modification; and
(B) the Secretary determines that such modification is desirable—
(i) to carry out this part;
(ii) to facilitate the practical administration of this part; or
(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this part.
(2) Termination
(A) In general
The Secretary may terminate an easement created with an owner under this part if—
(i) the current owner of the land agrees to such termination; and
(ii) the Secretary determines that such termination would be in the public interest.
(B) Notice
At least 90 days before taking any action to terminate under subparagraph (A) all easements entered into under this part, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(
Part IV—Environmental Quality Incentives Program
Part Referred to in Other Sections
This part is referred to in
§3839aa. Purposes
The purposes of the environmental quality incentives program established by this part are to—
(1) combine into a single program the functions of—
(A) the agricultural conservation program authorized by
(B) the Great Plains conservation program established under
(C) the water quality incentives program established under part II of this subchapter (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
(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 chapter 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.
(
References in Text
Section 336 of the Federal Agriculture Improvement and Reform Act of 1996, referred to in par. (1), is section 336 of
Section Referred to in Other Sections
This section is referred to in
§3839aa–1. Definitions
In this part:
(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.
(
§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 part.
(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 part 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 part; and
(B) the priorities established under this subchapter 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 part if the producer receives cost-share payments or other benefits for the same land under part I or III of this subchapter.
(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 part 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 part 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 part, 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 part 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 part 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.
(
§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
(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.
(
§3839aa–4. Duties of producers
To receive technical assistance, cost-share payments, or incentive payments under this part, 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 part;
(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 part, 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 part, 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.
(
§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.
(
§3839aa–6. Duties of 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.
(
§3839aa–7. Limitation on payments
(a) In general
The total amount of cost-share and incentive payments paid to a producer under this part 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) of this section 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 part specified in
(c) Timing of expenditures
Expenditures under a contract entered into under this part during a fiscal year may not be made by the Secretary until the subsequent fiscal year.
(
§3839aa–8. Temporary administration of environmental quality incentives program
(a) Interim administration
(1) In general
During the period beginning on April 4, 1996, 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 part, 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 April 4, 1996.
(b) Permanent administration
Effective beginning on the termination date provided under subsection (a)(2) of this section, 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.
(
Part V—Conservation Farm Option
§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 [
(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.
(
References in Text
The Agricultural Market Transition Act, referred to in subsec. (b), is title I of