[Congressional Record Volume 142, Number 75 (Friday, May 24, 1996)]
[Senate]
[Page S5649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 1822. A bill to amend the Food Security Act of 1985 to permit the 
Secretary of Agriculture to waive the prohibition on the termination of 
conservation reserve contracts for certain lands, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.


  the conservation reserve program contracts modification act of 1996

  Mr. HARKIN. Mr. President, I am today introducing legislation to make 
a minor modification in the rules applicable to the early termination 
of Conservation Reserve Program contracts. This bill will provide 
greater flexibility in the management of CRP acreage and increase 
opportunities for livestock production using land that has been 
enrolled in CRP, while continuing to protect against soil erosion and 
to conserve the natural resource base.
  The Federal Agricultural Improvement and Reform Act of 1996 
established a new early termination option for holders of CRP 
contracts. Participants who entered into a contract before January 1, 
1995, may terminate the contract at any time if the contract has been 
in effect for at least 5 years. Certain lands considered to be of high 
environmental value are not eligible for the early termination option. 
The act specifically disallows the early termination of contracts on 
land having an erodibility index of more than 15, a restriction that 
also was included in the rules for the early CRP termination option 
offered this spring through administrative action independent of the 
farm bill.
  The restriction on early removal of the more highly erodible land 
from the CRP is obviously designed to reduce the potential for 
returning land to crop production where doing so presents a higher risk 
of damaging levels of soil erosion. Of course, a principal purpose of 
the CRP was to remove highly erodible land from production in order to 
conserve soil, so it is reasonable to ensure that early terminations of 
CRP contracts do not nullify the benefits of the CRP or negate the 
investment in conservation made by taxpayers through CRP payments.
  While the prohibition against early termination of contracts on land 
having an erodibility index higher than 15 seems reasonable in general, 
it does not take much sense to livestock producers who would like to 
remove land from the CRP in order to use it for haying or grazing. The 
nationwide emergency release of CRP for grazing and haying has relieved 
a good deal of the concern regarding access to CRP acres for livestock 
feed--but only for this year. There is a real need for a longer term 
resolution of this matter.
  My bill would simply allow the Secretary to waive the restrictions on 
the types of land that may be removed from the CRP under the early 
termination option if the Secretary determines that the land will be 
used only for haying, grazing or other use not involving the 
destruction of vegetable cover. By ensuring that the vegetable cover is 
not destroyed, protection against soil erosion will be maintained. In 
addition, any such waiver can be made only if the Secretary determines 
that the land will be used only in a manner that adequately protects 
the natural resource base. As discussed, the waiver authority contained 
in this bill is designed specifically to deal with the prohibition 
against early termination of CRP contracts on land with an erodibility 
index higher than 15. There may be some other instances in which a 
waiver meeting the requirements of this bill could be granted, but they 
would be tightly limited by the requirement that vegetable cover not be 
destroyed and that the natural resource base be adequately protected.
  Mr. President, this bill is a commonsense solution that will provide 
more reasonable options to CRP contract holders for returning land to 
economic use while maintaining vegetable cover and protecting the 
natural resource base. I hope my colleagues will support this 
legislation and that it will be enacted at the earliest opportunity. I 
ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1822

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

     SECTION 1. TERMINATION OF CONSERVATION RESERVE CONTRACTS BY 
                   OWNERS OR OPERATORS.

       Section 1235(e) of the Food Security Act of 1985 (16 U.S.C. 
     3835(e)) is amended by striking paragraph (2) and inserting 
     the following:
       ``(2) Certain lands excepted.--
       ``(A) In general.--Subject to subparagraph (B), the 
     following lands shall not be subject to an early termination 
     of contract under this subsection:
       ``(i) Filterstrips, waterways, strips adjacent to riparian 
     areas, windbreaks, and shelterbelts.
       ``(ii) Land with an erodibility index of more than 15.
       ``(iii) Other lands of high environmental value (including 
     wetlands), as determined by the Secretary.
       ``(B) Waiver.--The Secretary may waive the application of 
     subparagraph (A) to land if the Secretary determines that the 
     land will be used only--
       ``(i) for haying, grazing, or other use not involving the 
     destruction of vegetative cover; and
       ``(ii) in a manner that adequately protects the natural 
     resource base of the land.''.

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