[Congressional Record Volume 140, Number 8 (Thursday, February 3, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              DEFERRAL OF CONSERVATION COMPLIANCE DEADLINE

                                 ______


                            HON. PAT ROBERTS

                               of kansas

                    in the house of representatives

                       Thursday, February 3, 1994

  Mr. ROBERTS. Mr. Speaker, today, I and 11 of my colleagues are 
introducing legislation that would extend for 1 year the deadline for 
conservation compliance under the highly-erodible land [HEL] provisions 
of the 1985 Food Security Act [FSA] as amended.
  The reason for this legislation is simple. Many producers farming in 
upland areas, especially across the Midwest and Plains States, are 
facing the rehabilitation of weather-damaged lands and conservation 
practices following last summer's torrential rains. In many instances, 
the impact of these conditions will make it difficult for producers to 
meet the environmental compliance mandates established in the FSA.
  The law requires farmers who cultivate HEL to be actively phasing in 
provisions of a conservation compliance plan--approved by USDA's Soil 
Conservation Service [SCS]--to substantially reduce soil erosion on 
HEL. The FSA also imposes a January 1, 1995, deadline for full 
implementation of these plans. If SCS and the Agricultural 
Stabilization and Conservation Service [ASCS] find that a producer is 
not in compliance--that is, is not actively applying the plan, or is 
unable to meet the statutory deadline--he or she will face either a 
substantial reduction or a total loss of farm program benefits.
  Most reports indicate that agricultural producers are working 
diligently to comply with the law. Unfortunately, the onslaught of this 
year's catastrophic weather has inhibited the ability of many farmers 
to keep pace with their plans' implementation schedules. SCS officials 
have acknowledged the situation caused by last summer's weather 
problems and have stated their policy is to be lenient and give 
producers more time to comply. It is crucial that Congress, through 
this legislation, ensure that SCS has the clear and necessary authority 
to meet their stated policy goal.
  According to SCS officials here in Washington, damage to conservation 
structures and erosion on untreated lands are extensive. Farmers with 
HEL must repair and maintain their structures, clean sediment and 
debris from existing terraces, waterways and drainage ditches and build 
new erosion control practices as scheduled in their plans. Of course, 
the SCS workload associated with all this unexpected weather-related 
damage has been increased considerably. Technical assistance must be 
provided on the 40 million acres of HEL that SCS says has been affected 
by last summer's weather, which represents more than 50 percent of the 
workload associated with land treatments under the FSA is in those 
States hit hardest by the rains.
  In addition, concerns have been raised regarding the availability, or 
in some areas the shortage, of qualified contractors to do the work 
necessary for farmers to complete those plans requiring construction of 
terraces, waterways, etc. Relative to SCS's workload relative to the 
FSA requirements, their responsibilities in the aftermath of last 
summer's catastrophe also include a massive amount of engineering and 
contracting work to be completed under the Emergency Watershed Program 
[EWP].
  Thus, the definitive legal nature of the statutory deadline makes it 
important for Congress to amend the statute to provide SCS clear 
guidance and the authority to enable them to work with farmers, as well 
as clarifying for farmers the ground rules for such extensions.
  The legislation would extend for one year, to January 1, 1996, the 
HEL conservation plan compliance deadline under the FSA for producers 
who can provide evidence of the damage to their conservation practices 
caused by damaging weather or who will have received Federal disaster 
assistance in 3 of the last 5 years ending in calendar year 1994.
  The Secretary also is given discretionary authority to provide other 
relief in certain circumstances, including the granting of temporary 
variances. By recognizing the problems producers are facing in 
complying with conservation plans and by providing the Secretary the 
clear authority to extend the HEL compliance deadline, SCS's overworked 
staff will not be placed in a battle between farmers and 
environmentalists over who should receive an extension.
  This legislation has been endorsed by the Illinois Farm Bureau, the 
National Farmers Organization, the National Association of State 
Departments of Agriculture, as well as the many individual farmers who 
have contacted our offices.
  Thank you, Mr. Speaker, I urge my colleagues support of this 
legislation.

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