[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1373 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1373

   To amend the Food Security Act of 1985 to minimize the regulatory 
burden on agricultural producers in the conservation of highly erodible 
      land, wetland, and retired cropland, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 1, 1995

    Mr. Dole (for himself, Mr. Lugar, Mr. Craig, and Mr. Grassley) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To amend the Food Security Act of 1985 to minimize the regulatory 
burden on agricultural producers in the conservation of highly erodible 
      land, wetland, and retired cropland, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Resources Enhancement 
Act of 1995''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) restore respect for private property rights and the 
        productive capacity of the agricultural sector;
            (2) reduce unnecessary regulatory burdens on farmers while 
        maintaining basic environmental objectives; and
            (3) recognize that conservation and environmental 
        objectives are best met with voluntary efforts.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 1201(a) of the Food Security Act of 1985 
(16 U.S.C. 3801(a)) is amended--
            (1) by redesignating paragraphs (2), (3), (4), (5), and (6) 
        through (16) as paragraphs (3), (5), (6), (7), and (9) through 
        (19), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Alternative conservation system.--The term 
        `alternative conservation system' means a conservation system 
        that achieves a substantial reduction in soil erosion from the 
        level of erosion that existed prior to the application of the 
        conservation measures and practices provided for under the 
        system.'';
            (3) by inserting after paragraph (3) (as so redesignated) 
        the following:
            ``(4) Conservation system.--The term `conservation system' 
        means the conservation measures and practices that are approved 
        for application by a producer to a highly erodible field and 
        that provide for cost effective and practical erosion reduction 
        on the field based on local resource conditions and standards 
        contained in the Natural Resources Conservation Service field 
        office technical guide.'';
            (4) by inserting after paragraph (7) (as so redesignated) 
        the following:
            ``(8) Frequently cropped agricultural land.--The term 
        `frequently cropped agricultural land' means agricultural land 
        that--
                    ``(A) exhibits wetland characteristics, as 
                determined by the Secretary; and
                    ``(B) has been used for 6 of the 10 years prior to 
                January 1, 1996, for agricultural production on the 
                field, as determined by the Secretary, or production of 
                an annual or perennial agricultural crop (including 
                forage production or hay), an aquaculture product, a 
                nursery product, or a wetland crop.''; and
            (5) in paragraph (10) (as so redesignated), by adding at 
        the end the following:
                    ``(C) Producer-initiated review of highly erodible 
                land designation.--A designation of highly erodible 
                land on agricultural land made under this title shall 
                be valid until an owner or operator requests a new 
                designation. The Secretary shall provide the 
                designation on the request of the owner or operator.
                    ``(D) Science and technology.--A designation of 
                highly erodible land under this title may be based on 
                the most contemporary science, method, or technology, 
                as determined by the Secretary, for determining soil 
                erodibility that accurately reflects the potential for 
                soil loss.''.
    (b) Conforming Amendments.--
            (1) Section 363 of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 2006e) is amended by striking 
        ``section 1201(a)(16) of the Food Security Act of 1985 (16 
        U.S.C. 3801(a)(16))'' and inserting ``section 1201(a) of the 
        Food Security Act of 1985 (16 U.S.C. 3801(a))''.
            (2) Section 1257(c) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) in paragraph (1), by striking ``section 1201(4) 
                of the Food Security Act of 1985 (16 U.S.C. 3801(4))'' 
                and inserting ``section 1201(a) of the Food Security 
                Act of 1985 (16 U.S.C. 3801(a))''; and
                    (B) in paragraph (2), by striking ``section 1201(6) 
                of the Food Security Act of 1985 (16 U.S.C. 3801(6))'' 
                and inserting ``section 1201(a) of the Food Security 
                Act of 1985 (16 U.S.C. 3801(a))''.

SEC. 4. HIGHLY ERODIBLE LAND CONSERVATION.

    (a) Program Ineligibility.--Section 1211 of the Food Security Act 
of 1985 (16 U.S.C. 3811) is amended to read as follows:

``SEC. 1211. PROGRAM INELIGIBILITY.

    ``(a) In General.--Except as provided in section 1212 and 
notwithstanding any other provision of law, any person who participates 
in an annual program under the Agricultural Act of 1949 (7 U.S.C. 1421 
et seq.) after January 1, 1996, and who in any crop year after that 
date produces an agricultural commodity on a field on which highly 
erodible land is predominate, as determined by the Secretary, shall 
be--
            ``(1) in violation of this section; and
            ``(2) ineligible for loans or payments in an amount 
        determined by the Secretary to be proportionate to the severity 
        of the violation, taking into account the intent of the person 
        and the frequency of the violations.
    ``(b) Loans and Payments.--If a person has been determined to have 
committed a violation during a crop year under subsection (a), the 
Secretary shall determine which, and the amount, of the following loans 
and payments for which the person shall be ineligible:
            ``(1) Any type of price support or payment made available 
        under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the 
        Commodity Credit Corporation Charter Act (15 U.S.C. 714 et 
        seq.), or any other Act.
            ``(2) A farm storage facility loan made under section 4(h) 
        of the Commodity Credit Corporation Charter Act (15 U.S.C. 
        714b(h)).
            ``(3) A loan made, insured, or guaranteed under the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
        seq.) or any other provision of law administered by the 
        Consolidated Farm Service Agency, if the Secretary determines 
        that the proceeds of the loan will be used for a purpose that 
        will contribute to excessive erosion of highly erodible land.
            ``(4) A payment under section 4 or 5 of the Commodity 
        Credit Corporation Charter Act (15 U.S.C. 714b and 714c) during 
        the crop year for the storage of an agricultural commodity 
        acquired by the Commodity Credit Corporation.
            ``(5) During the crop year:
                    ``(A) A payment under section 8, 12, or 16(b) of 
                the Soil Conservation and Domestic Allotment Act (16 
                U.S.C. 590h, 590l, and 590p(b)).
                    ``(B) A payment under section 401 or 402 of the 
                Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 
                2202).
                    ``(C) A payment under subchapter B or C of chapter 
                1 of subtitle D.
                    ``(D) A payment under chapter 2 of subtitle D.
                    ``(E) A payment under chapter 3 of subtitle D.
                    ``(F) A payment, loan, or other assistance under 
                section 3 or 8 of the Watershed Protection and Flood 
                Prevention Act (16 U.S.C. 1003 and 1006a).''.
    (b) Exemptions.--Section 1212 of the Act (16 U.S.C. 3812) is 
amended--
            (1) in subsection (a)(3), by striking ``shall, if'' and 
        inserting ``shall--
            ``(A) be required to apply a conservation plan that is--
                    ``(i)(I) based on and conforms to practices, 
                technologies, and schedules contained in a local 
                Natural Resources Conservation Service field office 
                technical guide; or
                    ``(II) based on an alternative conservation system 
                that is not described in the technical guide but is 
                determined by the Secretary to be an acceptable 
                alternative;
                    ``(ii) consistent with section 1214; and
                    ``(iii) not based on a higher erodibility standard 
                than other highly erodible land located within the same 
                area, as determined by the Secretary; and
            ``(B) if'';
            (2) by redesignating subsections (f) through (h) as 
        subsections (g) through (i), respectively;
            (3) by inserting after subsection (e) the following:
    ``(f) Effect on Landlords.--Ineligibility of a tenant or 
sharecropper for benefits under section 1211 shall not cause a landlord 
to be ineligible for the benefits for which the landlord would 
otherwise be eligible with respect to a commodity produced on land 
other than the land operated by the tenant or sharecropper.''; and
            (4) in subsection (g) (as so redesignated)--
                    (A) by striking ``(g)(1) Except to the extent 
                provided in paragraph (2), no'' and inserting the 
                following:
    ``(g) Good Faith Exemption.--
            ``(1) Continued eligibility.--No'';
                    (B) by striking ``has--'' and all that follows 
                through ``(B) acted'' and inserting ``has acted'';
                    (C) in paragraph (2)--
                            (i) by striking ``Secretary shall, in 
                        lieu'' and all that follows through ``crop 
                        year'' and inserting ``person shall not be 
                        ineligible for loans or payments under section 
                        1211''; and
                            (ii) by adding at the end the following: 
                        ``A person who the Secretary determines has 
                        acted in good faith and without intent to 
                        violate this subtitle shall be allowed a period 
                        of 1 year during which to implement the 
                        measures and practices necessary to be 
                        considered to be actively applying a 
                        conservation plan.'';
                    (D) by striking paragraph (3);
                    (E) by redesignating paragraph (4) as paragraph 
                (3); and
                    (F) by adding at the end the following:
            ``(4) Failure to apply conservation plan.--If a person 
        fails to actively apply a conservation plan that documents the 
        decisions of the person with respect to location, land use, 
        tillage systems, and conservation treatment measures and 
        schedules of the conservation plan by the date that is 1 year 
        after the good faith violation, the Secretary shall make a 
        determination concerning the ineligibility of the person under 
        section 1211.''.
    (c) Development and Implementation of Conservation Plans and 
Systems.--Subtitle B of title XII of the Act (16 U.S.C. 3811 et seq.) 
is amended by adding at the end the following:

``SEC. 1214. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION PLANS AND 
              SYSTEMS.

    ``(a) Technical Requirements.--The Secretary shall ensure that the 
standards and guidelines contained in a local Natural Resources 
Conservation Service field office technical guide applicable to a 
conservation plan required under this subtitle--
            ``(1) allow a person to use an alternative conservation 
        system as a means of meeting the requirements, and achieving 
        the goals, of this subtitle with respect to a highly erodible 
        field that has been used in the production of an agricultural 
        commodity after December 23, 1985; and
            ``(2) provide for conservation measures and practices 
        that--
                    ``(A) are technically and economically feasible;
                    ``(B) are based on local resource conditions and 
                available conservation technology;
                    ``(C) are cost-effective; and
                    ``(D) do not cause undue economic hardship to the 
                person applying the plan or system.
    ``(b) Erosion Measurement.--For the purpose of determining 
compliance with this subtitle, the measurement of erosion reduction 
achieved through a conservation plan shall be based on the level of 
erosion at the time of the measurement compared to the level of erosion 
that was present prior to the implementation of the conservation 
measures and practices provided for in the conservation plan.
    ``(c) Crop Residue Measurements.--
            ``(1) Certification of compliance.--
                    ``(A) In general.--For the purpose of determining 
                the compliance of a person with the conservation plan 
                on a farm, a third party approved by the Secretary may 
                certify that the person is in compliance if the person 
                is actively applying an approved conservation system or 
                alternative conservation system at the time application 
                for the loans or payments specified in section 1211 is 
                made.
                    ``(B) Status reviews.--If a person obtains a 
                variance, the Secretary shall not be required to carry 
                out a review of the status of compliance of the person 
                with the conservation plan under which the conservation 
                system is being applied if the sole reason for the 
                review is the fact that the person received the 
                variance.
            ``(2) Residue measurements provided by persons.--If a 
        status review is carried out, annual crop residue measurements 
        supplied by a person and certified by a third party approved by 
        the Secretary shall be taken into consideration by the 
        Secretary for the purpose of determining compliance if the 
        measurements demonstrate that, on the basis of a 5-year average 
        of the residue level on the field (as determined by the 
        Secretary), the crop residue level for a field meets the level 
        required under the conservation plan.
    ``(d) Revisions.--
            ``(1) Conservation plans.--
                    ``(A) Revisions by person obtaining 
                certification.--A person that obtains a conservation 
                plan under section 1212(a)(2) may revise the plan by 
                substituting practices described in the local Natural 
                Resources Conservation Service technical guide, if the 
                revised plan achieves an equivalent amount of soil 
                erosion reduction as the original plan, as determined 
                by the Secretary.
                    ``(B) No revision by the secretary.--The 
                conservation plan of a person who obtains a 
                certification under subsection (c) shall not be subject 
                to revision by the Secretary, unless--
                            ``(i) the person concurs with the revision; 
                        or
                            ``(ii) the person has been determined by 
                        the Secretary, within the most recent 1-year 
                        period, to be ineligible under section 1211 for 
                        program loans and payments.
                    ``(C) Approval of alternative conservation 
                system.--The Secretary shall approve or disapprove an 
                alternative conservation system proposed by a producer 
                not later than 30 days after the date the system is 
                proposed.
                    ``(D) Local field office technical guide.--If the 
                alternative conservation system is approved by the 
                Secretary and is appropriate to an area, the Secretary 
                shall add the approved alternative conservation system 
                to the local Natural Resources Conservation Service 
                field office technical guide for the area.
            ``(2) Conservation systems.--The Secretary may revise under 
        paragraph (1) the conservation system of a person who obtains a 
        certification, subject to subsection (a), if there is 
        substantial evidence as determined by the Secretary that a 
        revision is necessary to carry out this subtitle.
            ``(3) Updating local field office technical guides.--The 
        Secretary shall regularly revise local Natural Resources 
        Conservation Service field office technical guides to include 
        new conservation systems that the Secretary determines will 
        reduce soil erosion in a cost-effective manner.
    ``(e) Technical Assistance.--The Secretary shall provide technical 
assistance to a person throughout the development, revision, and 
application of a conservation plan or conservation system.
    ``(f) Violations.--
            ``(1) Notification.--An employee of the Natural Resources 
        Conservation Service who observes a possible compliance 
        deficiency or other violation of this subtitle while providing 
        on-site technical assistance to a person shall--
                    ``(A) not later than 45 days after making the 
                observation, notify the person of any actions that are 
                necessary to correct the deficiency or violation; and
                    ``(B) permit the person to correct the deficiency 
                or violation within the 1-year period beginning on the 
                date of the notification.
            ``(2) Correction of compliance deficiencies.--A person that 
        receives a notification under paragraph (1) shall attempt to 
        correct the deficiency as soon as practicable.
            ``(3) Status review.--Not later than 1 year after the date 
        of a notification under paragraph (1), the Secretary shall 
        carry out a review of the status of compliance of the person 
        with the conservation plan under which the conservation system 
        is being applied.
            ``(4) Failure to correct compliance deficiency.--If a 
        person fails to correct a deficiency or violation by the date 
        that is 1 year after the date of a notification under paragraph 
        (1), the Secretary shall make a determination concerning the 
        ineligibility of the person under section 1211.
    ``(g) Expedited Variances.--
            ``(1) Procedures.--The Secretary shall establish expedited 
        procedures, in consultation with local conservation districts, 
        for the consideration and granting of temporary variances to 
        allow for the use of practices and measures to address problems 
        related to pests, disease, nutrient management, and weather 
        conditions (including drought, hail, and excessive moisture) or 
        for such other purposes as the Secretary considers appropriate.
            ``(2) Response within 15 days.--The Secretary shall grant 
        or deny a request for a variance described in paragraph (1) not 
        later than 15 days after receiving the request.''.
    (d) Affiliated Persons.--Subtitle B of title XII of the Act (16 
U.S.C. 3811 et seq.) (as amended by subsection (c)) is further amended 
by adding at the end the following:

``SEC. 1215. AFFILIATED PERSONS.

    ``If a person is affected by a reduction in benefits under section 
1211 and the affected person is affiliated with other persons for the 
purpose of receiving the benefits, the benefits of each affiliated 
person shall be reduced under section 1211 in proportion to the 
interest held by the affiliated person.''.
    (e) Applicability.--Subtitle B of title XII of the Act (16 U.S.C. 
3811 et seq.) (as amended by subsection (d)) is further amended by 
adding at the end the following:

``SEC. 1216. APPLICABILITY.

    ``This subtitle shall be effective during the period beginning 
January 1, 1996, and ending December 31, 2002.''.

SEC. 5. WETLANDS REFORM.

    (a) Program Ineligibility.--Section 1221 of the Food Security Act 
of 1985 (16 U.S.C. 3821) is amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by striking the section heading and all that follows 
        through the end of subsection (a) and inserting the following:

``SEC. 1221. PROGRAM INELIGIBILITY.

    ``(a) In General.--Except as provided in section 1222 and 
notwithstanding any other provision of law, any person who participates 
in an annual program under the Agricultural Act of 1949 (7 U.S.C. 1421 
et seq.) after January 1, 1996, and who in any crop year after that 
date produces an agricultural commodity on converted wetland, as 
determined by the Secretary, shall be--
            ``(1) in violation of this section; and
            ``(2) ineligible for loans or payments in an amount 
        determined by the Secretary to be proportionate to the severity 
        of the violation.
    ``(b) Loans and Payments.--If a person has been determined to have 
committed a violation during a crop year under subsection (a), the 
Secretary shall determine which, and the amount, of the following loans 
and payments for which the person shall be ineligible:
            ``(1) Any type of price support or payment made available 
        under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the 
        Commodity Credit Corporation Charter Act (15 U.S.C. 714 et 
        seq.), or any other Act.
            ``(2) A farm storage facility loan made under section 4(h) 
        of the Commodity Credit Corporation Charter Act (15 U.S.C. 
        714b(h)).
            ``(3) A loan made, insured, or guaranteed under the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
        seq.) or any other provision of law administered by the 
        Consolidated Farm Service Agency, if the Secretary determines 
        that the proceeds of the loan will be used for a purpose that 
        will contribute to conversion of a wetland (other than as 
        provided in this subtitle) to produce an agricultural 
        commodity.
            ``(4) A payment under section 4 or 5 of the Commodity 
        Credit Corporation Charter Act (15 U.S.C. 714b and 714c) during 
        the crop year for the storage of an agricultural commodity 
        acquired by the Commodity Credit Corporation.
            ``(5) During the crop year:
                    ``(A) A payment under section 8, 12, or 16(b) of 
                the Soil Conservation and Domestic Allotment Act (16 
                U.S.C. 590h, 590l, and 590p(b)).
                    ``(B) A payment under section 401 or 402 of the 
                Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 
                2202).
                    ``(C) A payment under subchapter B or C of chapter 
                1 of subtitle D.
                    ``(D) A payment under chapter 2 of subtitle D.
                    ``(E) A payment under chapter 3 of subtitle D.
                    ``(F) A payment, loan, or other assistance under 
                section 3 or 8 of the Watershed Protection and Flood 
                Prevention Act (16 U.S.C. 1003 and 1006a).''; and
            (3) in subsection (c) (as so redesignated)--
                    (A) by striking ``Except'' and inserting ``Wetland 
                Conversion.--Except''; and
                    (B) by striking ``subsections (a) (1) through (3)'' 
                and inserting ``subsection (b)''.
    (b) Delineation of Wetland; Exemptions.--Section 1222 of the Act 
(16 U.S.C. 3822) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Delineation by the Secretary.--
            ``(1) In general.--The Secretary shall, subject to 
        subsection (b), delineate, determine, and certify all wetlands 
        located on subject land on a farm.
            ``(2) Wetland delineation maps.--The Secretary shall 
        delineate wetlands on wetland delineation maps. On the request 
        of an owner or operator, the Secretary shall make a reasonable 
        effort to make an on-site wetland determination prior to 
        delineation.
            ``(3) Certification.--
                    ``(A) In general.--On providing notice to affected 
                owners or operators, the Secretary shall--
                            ``(i) certify whether a map is sufficient 
                        for the purpose of making a determination of 
                        ineligibility for program benefits under 
                        section 1221; and
                            ``(ii) provide an opportunity to appeal the 
                        certification prior to the certification 
                        becoming final.
                    ``(B) Review of mapping.--In the case of an appeal, 
                the Secretary shall review and certify the accuracy of 
                the mapping of all land subject to the appeal to ensure 
                that the subject land has been accurately delineated.
                    ``(C) Inspection of land.--Prior to rendering a 
                decision on the appeal, the Secretary shall conduct an 
                on-site inspection of the subject land on a farm.'';
            (2) by redesignating subsections (b) through (j) as 
        subsections (c) through (k), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Requests for Delineation.--
            ``(1) In general.--Any delineation or determination of the 
        presence of wetland on subject land on a farm made under this 
        subtitle shall be valid until such time as the owner or 
        operator of the land requests a new delineation or 
        determination.
            ``(2) Change in delineation.--In the case of a change in a 
        delineation or determination, the Secretary shall promptly 
        notify the owner or operator of the subject land on a farm that 
        is affected by the change.
            ``(3) Reliance on prior delineation.--Any action taken with 
        respect to subject land on a farm by an owner or operator in 
        reliance on a prior wetland delineation or determination by the 
        Secretary shall not be subject to a subsequent wetland 
        delineation or determination by the Secretary.'';
            (4) by striking subsection (c) (as so redesignated) and 
        inserting the following:
    ``(c) Exemptions.--No person shall become ineligible under section 
1221 for program loans or payments--
            ``(1) as the result of the production of an agricultural 
        commodity on land that--
                    ``(A) was manipulated prior to December 23, 1985;
                    ``(B) is a wetland that is less than 1 acre in 
                size;
                    ``(C) is a nontidal drainage or irrigation ditch 
                excavated in upland;
                    ``(D) is an artificially irrigated area that would 
                revert to upland if the irrigation ceased;
                    ``(E) is land in Alaska identified as having a high 
                potential for agricultural development and with a 
                predominance of permafrost soils;
                    ``(F) is an artificial lake or pond created by 
                excavating or diking land that is not a wetland to 
                collect and retain water and is used primarily for 
                livestock watering, fish production, irrigation, 
                wildlife, fire control, flood control, cranberry 
                growing, or rice production, or as a settling pond;
                    ``(G) is a wetland that is temporarily or 
                incidentally created as a result of adjacent 
                development activity; or
                    ``(H) is frequently cropped agricultural land; or
            ``(2) for the conversion of--
                    ``(A) an artificial lake or pond created by 
                excavating or diking land that is not a wetland to 
                collect and retain water and that is used primarily for 
                livestock watering, fish production, irrigation, 
                wildlife, fire control, flood control, cranberry 
                growing, rice production, or as a settling pond; or
                    ``(B) a wetland that is temporarily or incidentally 
                created as a result of adjacent development 
                activity.'';
            (5) in subsection (g)(2) (as so redesignated)--
                    (A) by striking ``where such restoration'' and 
                inserting ``through the enhancement of an existing 
                wetland or through the creation of a new wetland, and 
                the restoration, enhancement, or creation'';
                    (B) in subparagraph (A), by inserting ``, 
                enhancement, or creation'' after ``restoration'';
                    (C) in subparagraph (D), by inserting ``in the case 
                of enhancement and restoration of wetlands,'' after 
                ``(D)'';
                    (D) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (G), respectively;
                    (E) by inserting after subparagraph (D) the 
                following:
                    ``(E) in the case of creation of wetlands, on 
                greater than a 1-for-1 acreage basis if more acreage is 
                needed to provide equivalent functions and values that 
                will be lost as a result of the wetland conversion that 
                is mitigated;''; and
                    (F) in subparagraph (F)--
                            (i) by striking ``restored'' each place it 
                        appears and inserting ``restored, enhanced, or 
                        created''; and
                            (ii) by striking ``restoration'' and 
                        inserting ``restoration, enhancement, or 
                        creation'';
            (6) in subsection (i) (as so redesignated)--
                    (A) in paragraph (1), by striking ``December 23, 
                1985,'' and all that follows through the period at the 
                end of the paragraph and inserting ``January 1, 1996, 
                shall be waived by the Secretary if the Secretary 
                determines that the person has acted in good faith and 
                without intent to violate this subtitle.''; and
                    (B) by striking paragraphs (2) and (3) and 
                inserting the following:
            ``(2) Period for compliance.--A person who the Secretary 
        determines has acted in good faith and without intent to 
        violate this subtitle shall be allowed a period of 1 year 
        during which to implement the measures and practices necessary 
        to be considered to actively restoring the subject wetland.'';
            (7) in subsection (k) (as so redesignated)--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``and a representative of the Fish and Wildlife 
                        Service''; and
                            (ii) in the second sentence, by striking 
                        ``, who in'' and all that follows through 
                        ``Service''; and
                    (B) in paragraph (2), by striking ``and a 
                representative'' and all that follows through 
                ``national offices'' and inserting ``shall report to 
                the Natural Resources Conservation Service''; and
            (8) by adding at the end the following:
    ``(l) Mitigation Banking.--
            ``(1) In general.--The Secretary shall establish a pilot 
        program (to be carried out during a 1-year period) for 
        mitigation banking of wetlands to assist owners and operators 
        in complying with the wetland conservation requirements of this 
        subtitle.
            ``(2) Report.--Not later than 1 year after the effective 
        date of this paragraph, the Secretary shall report to the 
        Committee on Agriculture of the House of Representatives and 
        the Committee on Agriculture, Nutrition, and Forestry of the 
        Senate on the progress in carrying out the pilot program 
        established under paragraph (1).''.
    (c) Consultation With the Secretary of the Interior.--Subtitle C of 
title XII of the Act is amended--
            (1) by striking section 1223 (16 U.S.C. 3823); and
            (2) by redesignating section 1224 (16 U.S.C. 3824) as 
        section 1223.
    (d) Affiliated Persons.--Subtitle C of title XII of the Act (as 
amended by subsection (c)) is further amended by adding at the end the 
following:

``SEC. 1224. AFFILIATED PERSONS.

    ``If a person is affected by a reduction in benefits under section 
1221 and the affected person is affiliated with other persons for the 
purpose of receiving the benefits, the benefits of each affiliated 
person shall be reduced under section 1221 in proportion to the 
interest held by the affiliated person.''.
    (e) Applicability.--Subtitle C of title XII of the Act (as amended 
by subsection (d)) is further amended by adding at the end the 
following:

``SEC. 1225. APPLICABILITY.

    ``This subtitle shall be effective during the period beginning 
January 1, 1996, and ending December 31, 2002.''.
    (f) Easements on Inventory Property.--Section 335 of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1985) is amended 
by striking subsection (g) and inserting the following:
    ``(g) Easements on Inventory Property.--The Secretary may not place 
a permanent wetland conservation or floodplain easement on any farm 
property after January 1, 1996.''.
    (g) Agricultural Land.--Section 404 of the Federal Water Pollution 
Control Act (33 U.S.C. 1344) is amended--
            (1) in subsection (d), by striking ``The term'' and 
        inserting ``Except as otherwise provided in this section, the 
        term''; and
            (2) by adding at the end the following:
    ``(u) Agricultural Land.--
            ``(1) Definition of agricultural land.--In this subsection, 
        the term `agricultural land' means cropland, pastureland, 
        native pasture, rangeland, an orchard, a vineyard, an area that 
        supports a wetland crop (including cranberries, taro, 
        watercress, or rice), and any other land that is used to 
        produce or support the production of an annual or perennial 
        agricultural crop (including forage production or hay), an 
        aquaculture product, a nursery product, or a wetland crop.
            ``(2) Determinations on agricultural land.--The Secretary 
        of Agriculture shall make all determinations concerning the 
        presence of a wetland on agricultural land under this section 
        and determinations regarding the discharge or dredge of fill 
        material from normal farming and ranching activities, as 
        provided in subsection (f)(1)(A). Determinations concerning the 
        presence of a wetland, and normal farming and ranching 
        practices, on agricultural land shall be made pursuant to this 
        section.''.

SEC. 6. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.

    Section 1230 of the Food Security Act of 1985 (16 U.S.C. 3830) is 
amended to read as follows:

``SEC. 1230. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--During the 1996 through 2002 calendar 
        years, the Secretary shall establish an environmental 
        conservation acreage reserve program (referred to in this 
        section as `ECARP') to be implemented through contracts and the 
        acquisition of easements to assist owners and operators of 
        farms and ranches to conserve and enhance soil, water, and 
        related natural resources, including grazing land, wetland, and 
        wildlife habitat.
            ``(2) Means.--The Secretary shall carry out the ECARP by--
                    ``(A) providing for the long-term protection of 
                environmentally sensitive land; and
                    ``(B) providing technical and financial assistance 
                to farmers and ranchers to--
                            ``(i) improve the management and operation 
                        of the farms and ranches; and
                            ``(ii) reconcile productivity and 
                        profitability with protection and enhancement 
                        of the environment.
            ``(3) Programs.--The ECARP shall consist of--
                    ``(A) the conservation reserve program established 
                under subchapter B;
                    ``(B) the wetlands reserve program established 
                under subchapter C; and
                    ``(C) the environmental quality incentive program 
                established under chapter 2.
    ``(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 chapter and chapter 2.
            ``(2) Prior enrollments.--Acreage enrolled in the 
        conservation reserve or wetlands reserve program prior to the 
        effective date of this paragraph shall be considered to be 
        placed into the ECARP.
    ``(c) Conservation Priority Areas.--
            ``(1) Designation.--
                    ``(A) In general.--The Secretary shall designate 
                watersheds or regions of special environmental 
                sensitivity, including the Chesapeake Bay Region 
                (consisting of Pennsylvania, Maryland, and Virginia), 
                the Great Lakes Region, and the Long Island Sound 
                Region, as conservation priority areas that are 
                eligible for enhanced assistance through the programs 
                established under this chapter and chapter 2.
                    ``(B) Application.--A designation shall be made 
                under this paragraph if agricultural practices on land 
                within the watershed or region pose a significant 
                threat to soil, water, and related natural resources, 
                as determined by the Secretary, and an application is 
                made by--
                            ``(i) a State agency in consultation with 
                        the State technical committee established under 
                        section 1261; or
                            ``(ii) State agencies from several States 
                        that agree to form an interstate conservation 
                        priority area.
                    ``(C) Assistance.--The Secretary shall designate a 
                watershed or region of special environmental 
                sensitivity as a conservation priority area to assist, 
                to the maximum extent practicable, agricultural 
                producers within the watershed or region to comply with 
                nonpoint source pollution requirements under the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.) and other Federal and State environmental laws.
            ``(2) Applicability.--The Secretary shall designate a 
        watershed or region of special environmental sensitivity as a 
        conservation priority area in a manner that conforms, to the 
        maximum extent practicable, to the functions and purposes of 
        the conservation reserve, wetlands reserve, and environmental 
        quality incentives programs, as applicable, if participation in 
        the program or programs is likely to result in the resolution 
        or amelioration of significant soil, water, and related natural 
        resource problems related to agricultural production activities 
        within the watershed or region.
            ``(3) Termination.--A conservation priority area 
        designation shall terminate on the date that is 5 years after 
        the date of the designation, except that the Secretary may--
                    ``(A) redesignate the area as a conservation 
                priority area; or
                    ``(B) withdraw the designation of a watershed or 
                region if the Secretary determines the area is no 
                longer affected by significant soil, water, and related 
natural resource impacts related to agricultural production 
activities.''.

SEC. 7. CONSERVATION RESERVE PROGRAM.

    (a) Purpose and Goals.--Section 1231(a) of the Food Security Act of 
1985 (16 U.S.C. 3831(a)) is amended--
            (1) by striking ``(a) In General.--Through'' and inserting 
        the following:
    ``(a) In General.--
            ``(1) Purpose.--Through'';
            (2) by striking ``1995'' and inserting ``2002''; and
            (3) by adding at the end the following:
            ``(2) Goals.--The goals of the conservation reserve program 
        shall be to--
                    ``(A) idle land only on a voluntary basis;
                    ``(B) conserve the environment, including soil, 
                water, and air;
                    ``(C) ensure respect for private property rights; 
                and
                    ``(D) enhance wildlife and wildlife habitat.''.
    (b) Eligible Lands.--Section 1231 of the Act (16 U.S.C. 3831) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Eligible Lands.--The Secretary may include in the program 
established under this subchapter--
            ``(1) highly erodible cropland that--
                    ``(A) if permitted to remain untreated could 
                substantially impair soil, water, or related natural 
                resources;
                    ``(B) cannot be farmed in accordance with a 
                conservation plan established under section 1212; and
                    ``(C) meets or exceeds an erodibility index of 8;
            ``(2) marginal pasture land converted to wetland;
            ``(3) cropland or pasture land in or near riparian areas 
        that could enhance water quality;
            ``(4) frequently cropped agricultural land; and
            ``(5) cropland or pasture land to be devoted to windbreaks, 
        shelterbelts, or wildlife corridors.''.
    (c) Enrollment Priorities.--Section 1231 of the Act (16 U.S.C. 
3831) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Enrollment.--
            ``(1) Limitations.--Enrollments in the conservation reserve 
        (including acreage subject to contracts extended by the 
        Secretary pursuant to section 1437 of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (Public Law 101-624; 16 
        U.S.C. 3831 note)) during the 1986 through 2002 calendar years 
        may not exceed 36,400,000 acres.
            ``(2) Spending limitation.--Total spending for enrollments 
        under paragraph (1) may not exceed the spending limitations 
        established under section 1241(e).
            ``(3) Priorities.--The Secretary shall, to the maximum 
        extent practicable, with each periodic enrollment (including 
        acreage subject to contracts extended by the Secretary pursuant 
        to section 1437 of the Food, Agriculture, Conservation, and 
        Trade Act of 1990), enroll acreage in the conservation reserve 
        that meets the priority criteria for water quality, wetland, 
        soil erosion, and wildlife habitat as provided in subsection 
        (e) and, to the maximum extent practicable, maximize multiple 
        environmental benefits.''.
    (d) Priority Functions.--Section 1231 of the Act (7 U.S.C. 3831) is 
amended--
            (1) by redesignating subsections (e) through (g) as 
        subsections (f) through (h); respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Priority Functions.--
            ``(1) In general.--During all periodic enrollments of 
        acreage (including acreage subject to contracts extended by the 
        Secretary pursuant to section 1437 of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (Public Law 101-624; 16 
        U.S.C. 3831 note)), the Secretary shall evaluate all offers to 
        enter into contracts under this subchapter in light of the 
        priority criteria specified in paragraphs (2), (3), (4), and 
        (5), and accept only the offers that meet the criteria 
        specified in paragraph (2), (3), or (4), maximize the benefits 
        specified in paragraph (5), and maximize environmental benefits 
        per dollar expended. If an offer meets the criteria specified 
        in paragraph (5) and paragraph (2), (3), or (4), the offer 
        shall receive higher priority, as determined by the Secretary.
            ``(2) Water quality.--
                    ``(A) Targeted land.--Not later than December 31, 
                2000, the Secretary shall enroll in the conservation 
                reserve program at least 1,500,000 acres of cropland or 
                pasture land that are contiguous or proximate to--
                            ``(i) permanent bodies of water;
                            ``(ii) tributaries or smaller streams; or
                            ``(iii) intermittent streams that the 
                        Secretary determines significantly contribute 
                        to downstream water quality degradation.
                    ``(B) Purposes.--The land may be enrolled by the 
                Secretary in the conservation reserve to establish--
                            ``(i) filterstrips;
                            ``(ii) contour grass strips;
                            ``(iii) grassed waterways; and
                            ``(iv) other equivalent conservation 
                        measures that have a high potential to 
                        ameliorate pollution from crop and livestock 
                        production.
                    ``(C) Partial and whole fields.--Enrollments under 
                this paragraph may include partial and whole fields, 
                except that the Secretary shall provide a higher 
                priority to partial field enrollments.
            ``(3) Wetlands.--
                    ``(A) In general.--The Secretary shall accept 
                offers to enroll up to 1,500,000 acres of frequently 
                cropped agricultural land, including such land enrolled 
                (as of the effective date of this subparagraph) in the 
                conservation reserve and subsequently subject to a 
                contract extension under section 1437 of the Food, 
                Agriculture, Conservation, and Trade Act of 1990 
                (Public Law 101-624; 16 U.S.C. 3831 note), as 
                determined by the Secretary.
                    ``(B) Functions and values.--In enrolling land 
                under subparagraph (A), the Secretary shall give a 
                priority to enrolling frequently cropped agricultural 
                land that the Secretary determines maximizes 
                preservation of wetland functions and values.
            ``(4) Soil erosion.--
                    ``(A) In general.--The Secretary shall accept 
                offers to enroll a field containing highly erodible 
                land if--
                            ``(i) a predominance of land on the field 
                        is qualifying highly erodible land that has an 
                        erodiblity index of at least 8;
                            ``(ii) a predominance of at least 80 
                        percent of the field consists of qualifying 
                        highly erodible land; and
                            ``(iii) the part of the field that does not 
                        have an erodibility index of at least 8 cannot 
                        be cultivated in a cost-effective manner if 
                        separated from the qualifying highly erodible 
                        land, as determined by the Secretary.
                    ``(B) Partial field enrollments.--A portion of a 
                field containing qualifying highly erodible land under 
                this paragraph shall be eligible for enrollment if the 
                partial field segment would provide a significant 
                reduction in soil erosion.
            ``(5) Wildlife habitat benefits.--
                    ``(A) In general.--The Secretary shall, to the 
                maximum extent practicable, ensure that offers to 
                enroll acreage under paragraph (2), (3), or (4) are 
                accepted so as to maximize wildlife habitat benefits.
                    ``(B) Maximizing benefits.--For purposes of this 
                paragraph, the Secretary shall, to the maximum extent 
                practicable, maximize wildlife habitat benefits by--
                            ``(i) consulting with State technical 
                        committees established under section 1261 as to 
                        the relative habitat benefits of each offer, 
                        and accepting offers that maximize benefits; 
                        and
                            ``(ii) providing higher priority to offers 
                        that would be contiguous to--
                                    ``(I) other enrolled acreage;
                                    ``(II) designated wildlife habitat; 
                                or
                                    ``(III) a wetland.
                    ``(C) Cover crop information.--The Secretary shall 
                provide information to owners or operators about cover 
                crops that are best suited for area wildlife.''.
    (e) Duration of Contract.--Section 1231(f) of the Act (as so 
redesignated) is amended--
            (1) in paragraph (1)--
                    (A) by inserting before the period at the end the 
                following: ``, as determined by the owner or operator 
                of the land''; and
                    (B) by adding at the end the following: ``A 
                contract extended by the Secretary pursuant to section 
                1437 of the Food, Agriculture, Conservation, and Trade 
                Act of 1990 (Public Law 101-624; 16 U.S.C. 3831 note) 
                may have a term of 5, 10, or 15 years, as determined by 
                the owner or operator of the land.''; and
            (2) by adding at the end the following:
            ``(3) Early out.--The Secretary shall allow an owner or 
        operator who (on the effective date of this paragraph) is 
        covered by a contract entered into under this subchapter to 
        terminate the contract not later than April 15, 1996. Land 
        subject to an early termination of a contract under this 
        paragraph may not include filterstrips, waterways, strips 
        adjacent to riparian areas, windbreaks, shelterbelts, and other 
        areas of high environmental value as determined by the 
        Secretary.''.
    (f) Conforming Amendments.--Section 1231 of the Act (as amended by 
subsection (d)(1)) is further amended--
            (1) by striking subsection (g); and
            (2) by redesignating subsection (h) as subsection (g).
    (g) Incidental Grazing.--Section 1232(a)(7) of the Act (16 U.S.C. 
3832(a)(7)) is amended--
            (1) by striking ``except that the Secretary may'' and 
        inserting ``except that the Secretary--
                    ``(A) may'';
            (2) by striking ``emergency, and the Secretary may'' and 
        inserting the following: ``emergency;
                    ``(B) may'';
            (3) by adding ``and'' after the semicolon at the end; and
            (4) by adding at the end the following:
                    ``(C) shall allow incidental grazing during the 
                nongrowing season on filter strips and other partial 
                field enrollments within the borders of an active 
                field;''.
    (h) Annual Rental Payments.--Section 1234 of the Act (16 U.S.C. 
3834) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Annual Rental Payments.--
            ``(1) In general.--In determining the amount of annual 
        rental payments to be paid to owners and operators for 
        converting eligible cropland normally devoted to the production 
        of an agricultural commodity to a less intensive use, the 
        Secretary may consider, among other factors, the amount 
        necessary to encourage owners or operators of eligible cropland 
        to participate in the program established by this subchapter.
            ``(2) Amount.--
                    ``(A) In general.--The amounts payable to owners or 
                operators as rental payments under contracts entered 
                into under this subchapter shall be determined by the 
                Secretary through--
                            ``(i) the submission of offers for the 
                        contracts by owners and operators in such 
                        manner as the Secretary may prescribe; and
                            ``(ii) determination of the rental value 
                        for the land through a productivity adjustment 
                        formula established by the Secretary.
                    ``(B) Maximum rental rates.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), rental rates may not 
                        exceed the productivity adjusted rental rate, 
                        as determined by the Secretary.
                            ``(ii) Partial field enrollments.--Rental 
                        rates for partial field enrollments for water 
                        quality, soil erosion, or wetland priority 
                        functions under section 1231(e) may not exceed 
                        125 percent of the rental rate for the land, as 
                        determined by the Secretary based on a 
                        productivity adjustment formula.
                            ``(iii) Conservation priority areas.--
                        Rental rates for partial field enrollments in 
                        conservation priority areas under section 
                        1230(c) may not exceed 150 percent of the 
                        rental rate for the land, as determined by the 
                        Secretary based on a productivity adjustment 
                        formula.
                    ``(C) Minimum rental rates.--Rental rates for land 
                subject to a contract extended by the Secretary 
                pursuant to section 1437 of the Food, Agriculture, 
                Conservation, and Trade Act of 1990 (Public Law 101-
                624; 16 U.S.C. 3831 note) may not be less than 80 
                percent of the average rental rate for all contracts in 
                force in the county at the time of the extension.
            ``(3) Trees.--In the case of acreage enrolled in the 
        conservation reserve that is to be devoted to trees, the 
        Secretary may consider offers for contracts under this 
        subsection on a continuous basis.''.
    (i) Ownership and Operation Requirements.--Section 1235(a) of the 
Act (16 U.S.C. 3835(a)) is amended--
            (1) in paragraph (1)(B), by striking ``1985'' and inserting 
        ``1996''; and
            (2) in paragraph (2)(B)(i), by striking ``1985'' and 
        inserting ``1996''.
    (j) Conforming Amendment.--Section 1235A(b)(2) of the Act (16 
U.S.C. 3835a(b)(2)) is amended by striking ``or permanent''.

SEC. 8. WETLANDS RESERVE PROGRAM.

    (a) Purposes.--Section 1237(a) of the Food Security Act of 1985 (16 
U.S.C. 3837(a)) is amended by striking ``to assist owners of eligible 
lands in restoring and protecting wetlands'' and inserting ``to protect 
wetlands for purposes of enhancing water quality and providing wildlife 
benefits while recognizing landowner rights''.
    (b) Minimum Enrollment.--Section 1237(b) of the Act (16 U.S.C. 
3837(b)) is amended by striking ``program'' and all that follows 
through ``2000'' and inserting ``program a total of not more than 
975,000 acres during the 1991 through 2002''.
    (c) Eligibility.--Section 1237(c) of the Act (16 U.S.C. 3837(c)) is 
amended--
            (1) by striking ``2000'' and inserting ``2002'';
            (2) by striking ``Secretary of the Interior at the local 
        level'' and inserting ``State technical committee'';
            (3) by inserting ``the land maximizes wildlife benefits and 
        wetland values and functions and'' after ``determines that'';
            (4) in paragraph (1)--
                    (A) by striking ``December 23, 1985'' and inserting 
                ``January 1, 1996''; and
                    (B) by striking ``and'' at the end;
            (5) by redesignating paragraph (2) as paragraph (3);
            (6) by inserting after paragraph (1) the following:
            ``(2) enrollment of the land meets water quality goals 
        through--
                    ``(A) creation of tailwater pits or settlement 
                ponds; or
                    ``(B) enrollment of land that was enrolled (on the 
                day before the effective date of this subparagraph) in 
                the water bank program established under the Water Bank 
                Act (16 U.S.C. 1301 et seq.) at a rate not to exceed 
                the rates in effect under the program;'';
            (7) in paragraph (3) (as so redesignated), by striking the 
        period at the end and inserting ``; and''; and
            (8) by adding at the end the following:
            ``(4) enrollment of the land maintains or improves wildlife 
        habitat.''.
    (d) Other Eligible Lands.--Section 1237(d) (16 U.S.C. 3837(d)) is 
amended by inserting after ``subsection (c)'' the following ``, land 
that maximizes wildlife benefits and that is''.
    (e) Easements.--Section 1237A of the Act (16 U.S.C. 3837a) is 
amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Restoration Plans.--The development of a restoration plan, 
including any compatible use, under this section shall be made through 
the local Natural Resources Conservation Service representative, in 
consultation with the State technical committee.'';
            (2) by striking subsection (e) and inserting the following:
    ``(e) Type and Length of Easement.--A conservation easement granted 
under this section--
            ``(1) shall be in a recordable form;
            ``(2) shall be for 20 or 30 years; and
            ``(3) shall not exceed the maximum duration allowed under 
        applicable State law.''; and
            (3) in subsection (f), by striking the third sentence and 
        inserting the following: ``Compensation may be provided in not 
        less than 5, nor more than 30, annual payments of equal or 
        unequal size, as agreed to by the owner and the Secretary.''.
    (f) Duties of the Secretary.--Section 1237C(d) of the Act (16 
U.S.C. 3837c(d)) is amended by striking ``, in consultation'' and all 
that follows through ``Interior,''.

SEC. 9. CONSERVATION FUNDING.

    (a) In General.--Subtitle E of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3841 et seq.) is amended to read as follows:

                         ``Subtitle E--Funding

``SEC. 1241. FUNDING.

    ``(a) Mandatory Expenses.--For each of fiscal years 1996 through 
2002, the Secretary shall use the funds of the Commodity Credit 
Corporation to carry out the programs authorized by--
            ``(1) subchapter B of chapter 1 of subtitle D (including 
        contracts extended by the Secretary pursuant to section 1437 of 
        the Food, Agriculture, Conservation, and Trade Act of 1990 
        (Public Law 101-624; 16 U.S.C. 3831 note));
            ``(2) subchapter C of chapter 1 of subtitle D; and
            ``(3) chapter 2 of subtitle D for practices related to 
        livestock production.
    ``(b) Advance Appropriations to CCC.--The Secretary may use the 
funds of the Commodity Credit Corporation to carry out chapter 3 of 
subtitle D, except that the Secretary may not use the funds of the 
Corporation unless the Corporation has received funds to cover the 
expenditures from appropriations made available to carry out chapter 3 
of subtitle D.
    ``(c) Environmental Quality Incentives Program.--For each of fiscal 
years 1996 through 2002, $100,000,000 of the funds of the Commodity 
Credit Corporation shall be available for providing technical 
assistance, cost-sharing payments, and incentive payments for practices 
relating to livestock production under the environmental quality 
incentives program.
    ``(d) Wetlands Reserve Program.--Spending to carry out the wetlands 
reserve program under subchapter C of chapter 1 of subtitle D shall be 
not greater than $614,000,000 for fiscal years 1996 through 2002.
    ``(e) Conservation Reserve Program.--Spending for the conservation 
reserve program (including contracts extended by the Secretary pursuant 
to section 1437 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 16 U.S.C. 3831 note)) shall be not greater 
than--
            ``(1) $1,787,000,000 for fiscal year 1996;
            ``(2) $1,784,000,000 for fiscal year 1997;
            ``(3) $1,445,000,000 for fiscal year 1998;
            ``(4) $1,246,000,000 for fiscal year 1999;
            ``(5) $1,101,000,000 for fiscal year 2000;
            ``(6) $999,000,000 for fiscal year 2001; and
            ``(7) $974,000,000 for fiscal year 2002.

``SEC. 1242. ADMINISTRATION.

    ``(a) Plans.--The Secretary shall, to the extent practicable, avoid 
duplication in--
            ``(1) the conservation plans required for--
                    ``(A) highly erodible land conservation under 
                subtitle B;
                    ``(B) the conservation reserve program established 
                under subchapter B of chapter 1 of subtitle D; and
                    ``(C) the wetlands reserve program established 
                under subchapter C of chapter 1 of subtitle D; and
            ``(2) the environmental quality incentives program plan 
        established under chapter 2 of subtitle D.
    ``(b) Acreage Limitation.--
            ``(1) In general.--The Secretary shall not enroll more than 
        25 percent of the cropland in any county in the programs 
        administered under the conservation reserve and wetlands 
        reserve programs established under subchapters B and C, 
        respectively, of chapter 1 of subtitle D. Not more than 10 
        percent of the cropland in a county may be subject to an 
        easement acquired under the subchapters.
            ``(2) Exception.--The Secretary may exceed the limitations 
        in paragraph (1) if the Secretary determines that--
                    ``(A) the action would not adversely affect the 
                local economy of a county; and
                    ``(B) operators in the county are having 
                difficulties complying with conservation plans 
                implemented under section 1212.
            ``(3) Shelterbelts and windbreaks.--The limitations 
        established under this subsection shall not apply to cropland 
        that is subject to an easement under chapter 1 or 3 of subtitle 
        D that is used for the establishment of shelterbelts and 
        windbreaks.
    ``(c) Tenant Protection.--Except for a person who is a tenant on 
land that is subject to a conservation reserve contract that has been 
extended by the Secretary, the Secretary shall provide adequate 
safeguards to protect the interests of tenants and sharecroppers, 
including provision for sharing, on a fair and equitable basis, in 
payments under the programs established under subtitles B through D.
    ``(d) Regulations.--Not later than 90 days after the effective date 
of this subsection, the Secretary shall issue regulations to implement 
the conservation reserve and wetlands reserve programs established 
under chapter 1 of subtitle D.''.
    (b) Conforming Amendments.--
            (1) The first sentence of the matter under the heading 
        ``Commodity Credit Corporation'' of Public Law 99-263 (100 
        Stat. 59; 16 U.S.C. 3841 note) is amended by striking ``: 
        Provided further,'' and all that follows through ``Acts''.
            (2) Section 1232(a)(11) of the Food Security Act of 1985 
        (16 U.S.C. 3832(a)(11)) is amended by striking ``in a county 
        that has not reached the limitation established by section 
        1243(f)''.

SEC. 10. CONFORMING AMENDMENTS.

    (a) Rural Environmental Conservation Program.--
            (1) Elimination.--Title X of the Agricultural Act of 1970 
        (16 U.S.C. 1501 et seq.) is repealed.
            (2) Conforming amendments.--Section 246(b) of the 
        Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
        6962(b)) is amended--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (8) as 
                paragraphs (1) through (7), respectively.
    (b) Other Conservation Provisions.--Subtitle F of title XII of the 
Food Security Act of 1985 (16 U.S.C. 2005a and 2101 note) is repealed.
    (c) Commodity Credit Corporation Charter Act.--Section 5(g) of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714c(g)) is amended 
to read as follows:
    ``(g) Carry out conservation functions and programs.''.
    (d) Resource Conservation.--
            (1) Elimination.--Subtitles A, B, D, E, F, G, and J of 
        title XV of the Agriculture and Food Act of 1981 (95 Stat. 
        1328; 16 U.S.C. 3401 et seq.) are repealed.
            (2) Conforming amendment.--Section 739 of the Agriculture, 
        Rural Development, Food and Drug Administration, and Related 
        Agencies Appropriations Act, 1982 (7 U.S.C. 2272a), is 
        repealed.
    (e) Environmental Easement Program.--Section 1239(a) of the Food 
Security Act of 1985 (16 U.S.C. 3839(a)) is amended by striking ``1991 
through 1995'' and inserting ``1996 through 2002''.
    (f) Resource Conservation and Development Program.--Section 1538 of 
the Agriculture and Food Act of 1981 (16 U.S.C. 3461) is amended by 
striking ``1991 through 1995'' and inserting ``1996 through 2002''.

SEC. 11. WILDLIFE BENEFITS.

    In carrying out conservation programs, the Secretary of Agriculture 
is encouraged to promote wildlife benefits to the extent practicable 
and to the extent that the action does not conflict with the 
requirements or purposes of the programs.

SEC. 12. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
become effective on the later of--
            (1) the date of enactment of this Act; or
            (2) January 1, 1996.
    (b) Transition Provisions.--Notwithstanding any other provision of 
law, this Act and the amendments made by this Act shall not affect the 
authority of the Secretary of Agriculture to carry out a program for 
any of the 1991 through 1995 calendar years under a provision of law in 
effect immediately before the effective date required under subsection 
(a).
                                 <all>
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S 1373 IS----3
S 1373 IS----4