Federal Register, Volume 61 Issue 73 (Monday, April 15, 1996)

[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Notices]
[Pages 16462-16467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9278]

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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service

Notice of Meeting

Notice is hereby given that the United States Department of
Agriculture, Natural Resources Conservation Service will conduct public
forums to gather ideas on ways to implement the conservation provisions
of the Federal Agriculture Improvement and Reform Act of 1996 that will
assist the U.S. Department of Agriculture (the Department) in writing
program guidance.
The public is invited to attend a meeting to provide brief oral
comments. All are encouraged to provide detailed written comments
concerning the implementation of FAIRA. Those who wish to speak at a
meeting may make arrangements in advance by calling the State
Conservationist who is listed as contact for the meeting. In addition,
individuals may sign-up to speak at the forum, as time permits.
Written comments will be accepted at each of the forums. Comments
must be postmarked or faxed by April 30 and addressed to: Paul W.
Johnson, Chief, USDA/NRCS, P.O. Box 2890, Washington, DC 20250. FAX,
(202) 720-1838.
The Department will conduct nine public forums. The forums will be
in the following cities: Abilene, Texas; Columbus, Georgia, Longmont
Colorado; Wyomissing, Pennsylvania, Sacramento, California; Souix
Falls, South Dakota; Spokane, Washington; Springfield, Illinois; and
Washington, DC.

DATES AND LOCATIONS: The nine forums will be held during Earth Week at
the following locations on the dates listed:

------------------------------------------------------------------------
Location Date
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Sheraton Berkshire Hotel, 1741 Paper Mill April 22.
Road, Wyomissing, Pennsylvania 19610.
Joint Center for Higher Education, April 22.
Classroom Building Auditorium, North 665
Riverpoint Boulevard, Spokane, Washington.
Howard Johnson Hotel, Nebraska Room, 3300 April 23.
West Russell Street, Souix Falls, South
Dakota.
Columbus Convention and Trade Center, Rooms April 23.
5, 6 and 7, 801 Front Street, Columbus,
Georgia.
USDA South Building, Jefferson Auditorium, April 23.
12th Street and Independence Ave., SW.,
Washington, DC.
Abilene Civic Center, 1100 N. 6th Street, April 24.
Abilene, Texas.
Image Gardens, 630 15th Street, Longmont, April 24.
Colorado.
The Red Lion Hotel (Not Inn), 2001 Point April 25.
West Way, Sacramento, California.
Illinois Building Auditorium, Illinois April 26.
State Fairgrounds, 1101 East Sangamon
Avenue, Springfield, Illinois.
------------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT:
To obtain additional information about a specific forum, contact the
following individual:

----------------------------------------------------------------------------------------------------------------
Location Contact person Phone Address
----------------------------------------------------------------------------------------------------------------
Abilene, Texas.................... Harry W. Oneth....... 817-774-1214 NRCS State Conservationist, W.R.
Poage Building, 101 South Mail
Street, Temple, TX 76501-7682.
Columbus, Georgia................. Earl Cosby........... 706-546-2275 NRCS State Conservationist, Federal
Building, Box 13, 355 East Hancock
Ave., Athens, GA 30601.
Longmont, Colorado................ Duane L. Johnson..... 303-236-2886 NRCS State Conservationist, 655
Parfet Street, Room E200C,
Lakewood, CO 80215-5517.
Wyomissing, Pennsylvania.......... Janet L. Oertly...... 717-782-2202 NRCS State Conservationist, One
Credit Union Place, Suite 340,
Harrisburg, PA 17110-2993.
Sacramento, California............ Hershel R. Read...... 916-757-8215 NRCS State Conservationist, 2121-C
2nd Street, Davis, CA 95616.
Souix Falls, South Dakota......... Dean F. Fisher....... 605-352-1270 NRCS State Conservationist, Federal
Building, 200 Fourth Street, SW.,
Huron, SD 57350-2475.
Spokane, Washington............... Lynn A. Brown........ 509-353-2337 NRCS State Conservationist, Rock
Pointe Tower II, Suite 450 W., 316
Boone Avenue, Spokane, WA 99201-
2348.
Springfield, Illinois............. Thomas W. Christensen 217-398-5267 NRCS State Conservationist, 1902 Fox
Drive, Champaign, IL 61820-7335.
Washington, DC.................... Paul W. Johnson...... 202-720-1845 Chief, Natural Resources,
Conservation Service, P.O. Box
2890, Washington, DC 20013.
----------------------------------------------------------------------------------------------------------------

[[Page 16463]]

PROVIDING COMMENTS: The public is invited to attend a meeting to
provide brief oral comments. All are encouraged to provide detailed
written comments concerning the implementation of FAIRA. Those who wish
to speak at a meeting may make arrangements in advance by calling the
State Conservationist who is listed as contact for the meeting. In
addition, individuals may sign-up to speak at the forum, as time
permits.
Written comments will be accepted at each of the forums. Comments
must be faxed or postmarked by April 30 and addressed to: Paul W.
Johnson, Chief, USDA/NRCS, P.O. Box 2890, Washington, D.C. 20250. Fax
720-1838.

SUGGESTED AGENDA: The following agenda will be used at each of the nine
forums:

8:30 Registration and speaker sign-up
9:00 Welcome.--Briefing on the content of the FAIRA. Questions and
clarifications
10:00 Speaking Sessions by subject (listed below)

Note: There will be a 5-minute time limit for each speaker.

12:00 Lunch on your own
1:00 Speaking Sessions continue
4:00 Scheduled adjournment.

Note: Meetings will continue until all registered speakers have
had an opportunity to speak for the allotted time period.

Subjects That Will Be Covered During the Forums

1. Environmental Quality Incentives Program (new)
2. Swampbuster and wetlands provisions (modified)
3. Conservation Compliance (modified)
4. Farmland Protection Program (new)
5. Flood Risk Reduction Program (new)
6. Conservation Farm Option (new)
7. Conservation of Private Grazing Land Initiative (new)
8. Conservation Reserve Program (modified)
9. Emergency Watershed Protection Program (modified)
10. National Natural Resources Conservation Foundation (new)
11. State Technical Committees (broadened)
12. Wetland Memorandum of Agreement (modified)
13. Wetlands Reserve Program (modified)
14. Wildlife Habitat Incentive Program (new)
15. Availability of farmers to be more flexible in planting. (new)

SUPPLEMENTARY INFORMATION: The United States Department of Agriculture
(the Department), Natural Resources Conservation Service (NRCS) will
conduct public forums to gather ideas on ways to implement the
conservation provisions of the Federal Agriculture Improvement and
Reform Act of 1996 (FAIRA) that will assist the U.S. Department of
Agriculture (the Department) in writing program guidance.
The NRCS first visited the sites for these public forums in July
and August of 1994 to listen to the public's comments on changes that
were needed in the 1995 Farm bill to better understand the needs of the
public served by programs related to conservation of natural resources.
The Department considered the comments and suggestions received in the
1994 forums when developing its recommendations for the 1995 Farm Bill.
After lengthy debate within the Congress, the 1996 Farm Bill was passed
by the Congress and was cited as the ``Federal Agriculture Improvement
and Reform Act of 1996 (FAIRA). The President signed into law FAIRA on
April 4, 1996. An overview of the FAIRA provisions is included with
this notice.
To follow-up on the suggestions that were received in 1994 and to
gather additional written suggestions on how best to implement these
provisions, the NRCS will return to the sites of the 1994 public
forums, plus hold an additional forum in Washington, D.C.

Overview of What We Heard in the 1994 Public Forums

Section 301: Definitions Applicable to Highly Erodible Cropland
Conservation

Conservation compliance has reduced soil erosion significantly,
though erosion remains a concern. Widespread support exists for the
basic conservation compliance policy. However, many farmers want more
flexibility in conservation plans. Some want a stricter more consistent
soil loss standard.

Section 313: Good Faith Exemption

Farmers want payment reductions commensurate with violations.

Section 315: Development and Implementation of Conservation Plans and
Conservation Systems

Some want a stricter, more consistent soil loss standard.

Section 322: Delineation of Wetlands: Exemption to Program
Ineligibility

Wetlands conservation remains a contentious issue among farmers.
Confusion revolves around the definition and delineation of wetlands
and how these issues effect private property rights. Consensus is that
standardization of wetland determinations is needed.

Section 331: Environmental Conservation Acreage Reserve Program (ECARP)

A common theme of the participants was that voluntary, incentive-
driven programs will accomplish more conservation of natural resources.
Regulatory programs will result in only minimal change. Because many
resource problems transcend human-drawn boundaries, a watershed
approach is needed for conservation planning. This approach should be
coupled with comprehensive farm planning that allows farmers to satisfy
federal, state, and local requirements of the law. Watershed planning
must use a bottom-up approach and allow all stakeholders to be involved
in the process.

Section 332: Conservation Reserve Program

Nearly all forum participants suggested the Conservation Reserve
Program (CRP) continue, though fewer acres might be accommodated for
budget reasons. The program should be targeted for the most
environmentally fragile acres, including highly erodible cropland,
areas that threaten water quality, and critical wildlife habitats.
Partial-field enrollments should be accommodated.

Section 333: Wetlands Reserve Program

Considerable support was expressed among farm and environmental
interests for wetland protection and restoration.

Section 334: Environmental Quality Incentives Program (EQIP)

Section 336: Repeal of Superseded Authorities

Nonpoint source water quality is a major issue. Farm and nonfarm
interests linked much of the problem to agriculture. A common theme of
the participants was that voluntary, incentive-driven programs will

[[Page 16464]]

accomplish more than a regulatory program. Because many resource
problems transcend human-drawn boundaries, a watershed approach is
needed for conservation planning.

Section 341. Conservation Funding

In regards to technical assistance from approved sources, the
participants in the forums emphasize that partnerships are needed.
Decentralized program administration will allow interests who know the
problems best to deal with those problems; the question is
accountability. However, USDA and NRCS were urged not to sacrifice
important field-staff capabilities in the name of efficiency and
partnerships.

Section 342. State Technical Committees

Decentralized program administration will allow interests who know
the problems best to deal with those problems; the question is
accountability. Far more common ground exists among agricultural,
environmental, and consumer interests than is often perceived.

Section 352. Forestry Incentives Program

Private, nonindustrial forest land is essential to timber
production to achievement of such environmental values as open space,
wildlife habitat, recreation, and clean air and water. Forest health
was a concern in the West, as was the impact of forest management on
stream ecosystems. Support was expressed for the Stewardship Incentive
Program, Forestry Incentive Program, and urban forestry programs. Tax
laws must encourage sound forest management.

Section 387: Wildlife Habitat Incentives Program

Wildlife habitat on private land is disappearing. While habitat
gains were achieved via the CRP and WRP, the future of these and other
habitat programs, such as Water Bank, is uncertain. Cost-sharing and
easements are solutions, as is emphasis on habitat enhancement in any
green-payments program.

Section 391: Air Quality Research Oversight

Air and water pollution were the primary environmental concerns
expressed by forum participants.

Section 388: Farmland Protection Program

Forum participants supported the purchase of conservation easements
by the Secretary. Participants in California, Colorado, and
Pennsylvania expressed concern about the conversion of farmland to
nonfarm uses and the associated environmental and social consequences
include the loss of important agricultural productive capacity and open
space and the inability of young people to enter farming. Tax credits
and inheritance tax law reform are solutions, participants said.

Overview of the Provisions of the 1996 Farm Bill (FAIRA)

Sec. 301. Definitions Applicable to Highly Erodible Cropland
Conservation

Defines conservation plan as applicable to highly erodible cropland
and containing the decision of the person with respect to location,
land use, tillage, and conservation system and schedule for
implementation. The plan must be approved by the conservation district
in consultation with the local committee and the Secretary, or by the
Secretary. Defines a conservation system as conservation practices that
are based on local conditions, available conservation technology, and
standards and guidelines contained in the NRCS FOTG; and provides for
cost effective and practical soil erosion reduction or improvement in
soil conditions on a field or group of fields with highly erodible
cropland. It also defines a field to include boundaries based on
croplines, if they are not subject to change. The Section requires
publication of USLE and WEQ in the Federal Register within 60 days of
enactment. Modification of the equations is prohibited except following
notice and comment in the Federal Register.

Subtitle B--Highly Erodible Land Conservation

Sec. 311. Program Ineligibility

Provides that contract payments under a production flexibility
contract, marketing assistance loans, and any type of price support or
payment, made available under the Agricultural Market Transition Act
and the Commodity Credit Corporation Charter Act are subject to
conservation compliance.

Sec. 312. Conservation Reserve Lands

Limits conservation requirements on lands that were included under
a CRP contract, that is terminated or expires, to the same standards as
applied to other highly erodible cropland in the area.

Sec. 313. Good Faith Exemption

Removes the 5 year interval for good faith exemption. Authorizes
the Secretary, under good faith, to allow a reasonable grace period,
not to exceed 1 year, during which the person can implement measures
and practices necessary to be considered actively applying the person's
conservation plan. Allows the Secretary to determine the degree of
penalty for a good faith violation dependent on the seriousness of
violation.

Sec. 314. Expedited Procedures for Granting Variances From Conservation
Plans

Directs the Secretary to establish expedited procedures for
considering temporary variances concerning weather, pests, or disease.
Requires the Secretary to make a decision on whether to grant a
variance within a 30 day period beginning on the date of receipt of the
request, otherwise the temporary variance shall be considered to be
granted.

Sec. 315. Development and Implementation of Conservation Plans and
Conservation Systems

Inserts a new Sec. 1213 in the Food Security Act of 1985 on HEL
that establishes requirements for the development and implementation of
conservation plans for conservation compliance purposes. These include:
Requires the Secretary to insure that standards and
guidelines in the FOTG permit a person to use a conservation system
that is technically and economically feasible, based on local
conditions, cost effective, and does not cause undue economic hardship.
Stipulates how ``substantial erosion reduction'' will be
calculated for purposes of conservation compliance.
Provides that the measurement of residue consider residue
in top 2 inches; provides for acceptance of producer residue
measurements, including third party measurements; and provides a means
for certification of third parties to perform residue measurements.
Allows self certification for compliance at the time of
application for benefits.
Provides for technical assistance for conservation on
lands other than HEL.
Encourages on-farm research under a conservation plan for
HEL.
Allows the county or area committee to provide relief to a
producer in cases of undue economic hardship.

See also Section 343 concerning publication of State technical
guides.

Sec. 316. Investigation of Possible Compliance Deficiencies

Amends the Food Security Act of 1985 (1985 FSA) by adding a new
Sec.

[[Page 16465]]

1215 that directs USDA employees who observe a possible compliance
violation while providing on-site technical assistance, to provide the
responsible person, not later than 45 days after observing the possible
violation, information on actions needed to comply with the plan and
this subtitle. The information is in lieu of reporting the observation
of a compliance violation. If corrective action is not fully
implemented within one year after the responsible person receives the
information, the Secretary may conduct a status review.

Sec. 317. Wind Erosion Estimation Pilot Project

Directs the Secretary to conduct a pilot project to review, and
modify as appropriate, the use of wind erosion factors used under HEL
requirements. The pilot project shall be for counties and producers
that have 100 percent of their cropland determined to be HEL, have
reasonable likelihood that use of wind erosion factors have resulted in
an inequitable application of the HEL requirements, and if the use of
the land classification system referred to in the original act may
result in a more accurate delineation of the cropland. If the Secretary
determines that a significant error has occurred in determining highly
erodible cropland under the project, that Secretary shall, at the
request of owners or operators of the cropland, conduct a new
determination of the cropland using the most accurate available
process.

Subtitle C--Wetland Conservation

Sec. 321. Program Ineligibility

Provides the Secretary discretionary authority to identify for
person the programs for which eligibility to participate may be
forfeited because of wetland conservation violations. Additionally, the
Secretary may identify the amount program payments may be redirected
because of program violations.

Sec. 322. Delineation of Wetlands; Exemptions to Program Ineligibility

Directs the Secretary to delineate, determine and certify all
wetlands located on subject land on the farm and delineate them on a
wetlands delineation map. Existing determinations are certified as to
whether they are sufficient for the purpose of making a determination
of ineligibility. Individuals carrying out activities that are
inconsistent with the law, but based on information provided by NRCS,
will not be penalized. Eliminates the abandonment provisions for prior
converted wetlands and changes the criteria for farmed wetlands and
farmed wetlands pasture. Provides the Secretary with broad mitigation
options. Directs the Secretary to grant persons who converted wetlands
without intent to violate a reasonable period of time to restore or
mitigate the functions and values of the wetland. Directs the Secretary
to identify categorical minimal effects and provide training to
employees in making minimal effect determinations. Allows persons who
have converted a wetland to mitigate for the losses of functions and
values. Grants the Secretary the authority to establish a pilot
mitigation banking initiative.

Sec. 323. Consultation and Cooperation Requirements

Section 1223 of the Food Security Act of 1985 is repealed.
Therefore, the requirements of consulting with the Secretary of
Interior on wetland determinations and actions is repealed.

Sec. 324. Application of Program Ineligibility to Affiliated Persons

The provision adds a new Sec. 1223 that requires that any reduction
in benefits to persons due to a violation of wetland conservation
requirements will be reduced among each affiliated person proportionate
to the interests held by the affiliated person.

Sec. 325. Clarification of Definition of Agricultural Lands in
Memorandum of Agreement (MOA)

Defines agricultural lands for purposes of the wetlands MOA to
include cropland, pastureland, native pasture, rangelands, and other
lands used to support the production of livestock; and tree farms.

Sec. 326. Effective Date

Directs that the wetland conservation subtitle and amendments made
by the subtitle would become effective 90 days after enactment.

Subtitle D--Environmental Conservation Acreage Reserve Program

Sec. 331. Environmental Conservation Acreage Reserve Program (ECARP)

Establishes ECARP as the broad umbrella encompassing Conservation
Reserve Program (CRP), Wetlands Reserve Program (WRP), and
Environmental Quality Incentive Program (EQIP). ECARP is authorized for
the 1996 through 2002 calendar years. Authorizes the Secretary to
designate watersheds, multistate areas, or regions of special
environmental sensitivity as conservation priority areas that are
eligible for enhanced assistance under CRP, WRP, and EQIP. Assistance
in conservation priority areas is to help agricultural producers comply
with non-point source pollution requirements of the Clean Water Act and
other Federal and State environmental laws and to meet other
conservation needs. Assistance may be based on the significance of the
soil, water, wildlife habitat, and related natural resource problems in
a watershed, area, or region, and practices that best address the
problems, and that maximize environmental benefits per dollar expended,
as determined by the Secretary.

Sec. 332. Conservation Reserve Program

Extends CRP until 2002 with authority for new enrollments to
replace acres leaving the program. The Secretary may maintain up to
36.4 million acres at any one time. Authorizes a CRP participant who
entered into a contract before January 1, 1995, to terminate the
contract not less than 60 days after notifying the Secretary, provided
the contract has been in effect for at least 5 years. Lands not subject
to an early termination of contract are: filterstrips, waterways,
strips by riparian areas, windbreaks, shelterbelts, lands with an EI of
more than 15, and other lands of high environmental value (including
wetlands), as determined by the Secretary. The land included in the
terminated contract cannot have higher conservation requirements than
those for similar lands in the area.

Sec. 333. Wetlands Reserve Program

Extends WRP until 2002 with an enrollment cap of 975,000 acres.
Requires that, to the extent practicable, a balance of permanent
easements, 30-year easements and voluntary restoration agreements be
achieved in calendar years 1997 through 2002; eliminates lump sum
easement payment option; and establishes a State Technical Committee
role in restoration planning.

Sec. 334. Environmental Quality Incentives Program (EQIP)

Establishes the Environmental Quality Incentives Program (EQIP).
EQIP combines functions of four conservation programs (which are
repealed) and maximizes environmental benefits per dollar expended.
Directs the Secretary during FY 96 through FY 2002 to provide technical
assistance, cost share and incentive payments and educational
assistance to operators who enter into contracts of five to ten years
with the Secretary. Requires producers to submit a plan containing
appropriate conservation measures as a requirement

[[Page 16466]]

for a contract. Directs the Secretary to use a competitive offer system
for operators to receive cost sharing payments for implementing
structural practices. Tenants would be required to obtain the
concurrence of the owner before the offer is accepted by the Secretary.
Cost sharing payments under EQIP shall not exceed 75 percent of the
projected cost of the practice, taking into consideration any payment
from a state or local government. Operators of large confined livestock
operations are not eligible for cost sharing on the construction of
structural animal waste management facilities. However, they are
eligible for incentive payments and technical assistance. Total amount
of cost share and incentive payments to any person under the program
may not exceed:
$10,000 for any fiscal year for a one year contract; or
$50,000 for any multiyear contract.
The Secretary may exceed the annual payment amount on a case by
case basis if needed to achieve the purposes of EQIP and if consistent
with maximizing environmental benefits per dollar expended. Authorizes
the Secretary to request assistance of state agencies as well as other
governmental or private resources to assist in providing technical
assistance for the development and implementation of conservation
practices.

Sec. 335. Conservation Farm Option (CFO)

Establishes a conservation farm option pilot program for eligible
producers of wheat, feed grains, cotton, and rice. Under the pilot
program, producers that have contract acreage under production
flexibility contracts, are provided an option of a 10 year CFO contract
as a single annual payment equivalent to the amount of the combined
payments under CRP, WRP and EQIP. The pilot CFO program is intended to
address the conservation of soil, water, and related resources, water
quality, wetlands, wildlife habitat, and similar conservation purposes.
Funding increases from $7.5 million in FY 1997 to $62.5 million in FY
2002. Funding is from the Commodity Credit Corporation.

Sec. 336. Repeal of Superseded Authorities

The language repeals Great Plains Conservation Program (GPCP),
Agricultural Conservation Program (ACP), Colorado River Salinity
Control Program (CRSCP), and the Water Quality Incentives Program
(WQIP) and makes conforming amendments to replace these existing cost
sharing programs with EQIP. The language for repeal of current programs
includes transition language that allows USDA to use GPCP, ACP, CRSCP,
and WQIP authorities to achieve EQIP purposes while rules are
developed. After 180 days, EQIP rules must be in effect in order to
obligate additional EQIP resources. The authority for certain water
resource studies was repealed for housekeeping purposes and does not
limit USDA from conducting the studies under other existing
authorities.

Subtitle E--Conservation Funding and Administration

Sec. 341. Conservation Funding

Replaces the current subtitle E of the Food Security Act of 1985
with two new sections. The new Sec. 1241 directs that for each of
fiscal years 1996 through 2002, the Secretary shall use funds from the
Commodity Credit Corporation (CCC) to carry out the Conservation
Reserve Program (CRP), Wetlands Reserve Program (WRP), and
Environmental Quality Incentives Program (EQIP). Funding from CCC for
EQIP is $130 million for fiscal year 1996 and $200 million for each of
the fiscal years 1997 through 2002 for providing technical assistance,
cost share payments, incentive payments, and education, with 50 percent
for assistance targeted at practices relating to livestock production.
The new Sec. 1242 directs the Secretary, to the extent practical,
to avoid duplication in conservation plans developed under HEL, CRP,
WRP, and EQIP. CRP and WRP enrollment in any county is limited to 25
percent of the cropland. Not more than 10 percent of the cropland in a
county may be subject to an easement acquired under the CRP and WRP
(except for shelterbelts and windbreaks), unless the Secretary
determines that the action would not adversely affect the local economy
of a county and the operators in the county are having difficulties
complying with HEL requirements. Requires the Secretary to provide
safeguards for the interests of tenants and sharecroppers, including
sharing of payments under CRP, WRP, and EQIP. In the preparation of a
conservation compliance plan or other plan required for assistance from
USDA, the Secretary shall permit producers to obtain technical
assistance from approved sources, as determined by the Secretary, other
than NRCS. If the Secretary rejects a technical determination made by
such a source, the basis of the Secretary's determination must be
supported by documented evidence. Requires the Secretary to issue
regulations for CRP and WRP within 90 days after enactment.

Sec. 342. State Technical Committees

Expands membership on State Technical Committees to include
agricultural producers with conservation expertise, non-profit
organizations with demonstrable conservation expertise, others
knowledgeable about conservation techniques, and agri-business.
Requires public notice of meetings, and allows for public attendance at
meetings related to conservation issues. Assigns certain additional
responsibilities to State Technical Committees.

Sec. 343. Public Notice for Revisions to State Technical Guides

Requires public notice and comment for future revisions in NRCS
state technical guides as used for HEL, wetland conservation, and CRP
requirements.

Subtitle F--National Natural Resources Conservation Foundation

Sec. 351. Through Sec. 360 National Natural Resources Conservation
Foundation

Establishes a National Natural Resources Conservation Foundation to
promote solutions to natural resources conservation issues. Authorized
to promote partnerships, accept gifts, make grants, and conduct
research and demonstrations. May not enforce regulations. Administered
by a nine member Board of Trustees.

Subtitle G--Forestry

Sec. 371. Office of International Forestry

Authorizes to be appropriated for each of fiscal years 1996 through
2002 such sums as are necessary to carry out the [authorized purposes
of the Office of International Forestry.]

Sec. 372. Cooperative Work for Protection, Management, and Improvement
of National Forest System

Authorizes cooperative work for the protection, management, and
improvement of the National Forest System and permits payments for such
work to be made from any appropriation of the Forest Service that is
available for similar work if reimbursement is made by the cooperator
in the same fiscal year. Directs the Secretary of Agriculture to
develop rules to protect the interests of the Forest Service in
cooperative work agreements.

Sec. 352. Forestry Incentives Program

Reauthorizes the Forestry Incentives Program through the year 2002.

[[Page 16467]]

Sec. 374. Optional State Grants for Forest Legacy Program

Provides the Secretary with authority to make, at the request of a
participating State, grants to the State to carry out the Forest Legacy
Program in that State.

Subtitle H--Miscellaneous Conservation Provisions

Sec. 381. Conservation Activities of Commodity Credit Corporation

Amends the Commodity Credit Corporation Charter Act by adding, as a
specific purpose for CCC, the carrying out of conservation of
environmental functions specifically authorized by law. The amendments
becomes effective on January 1, 1997.

Sec. 382. Floodplain Easements

Adds authority to acquire floodplain easement for the Emergency
Watershed Protection Programs.

Sec. 383. Resource Conservation & Development Program

Reauthorizes the RC&D program through 2002.

Sec. 384. Repeal of Report Requirements

Repeals current legal requirements for printing a specified number
of soil survey reports.

Sec. 385. Flood Risk Reduction

Authorizes the Secretary to enter into a contract with a producer
on a farm who has acreage under a production flexibility contract that
is frequently flooded. A producer must agree to terminate any contract
acreage and production flexibility contract, forgo loans for contract
commodities, oilseeds, and ELS cotton, not apply for crop insurance
issued or reinsured by USDA, comply with applicable HEL and wetlands
compliance requirements, not apply for any conservation program
payments from USDA, not apply for disaster program benefits, and refund
the payments, with interest, if the terms of the contract are violated
or if the producer transfers the property to another person who
violates the contract. Producers would receive, from CCC funding, not
more than the sum of 95 percent of contract payments under Title I
(Agricultural Market Transition Program). Requires that funds for
production flexibility payments be reduced by an amount equal to that
amount which produces forgo under this provision. Subject to advance
appropriations, the Secretary may make additional payments to an
eligible producer to offset other estimated Federal government outlays
on frequently flooded land. Authorizes to be appropriated necessary
sums for this added payment.

Sec. 386. Conservation of Private Grazing Land

Provides authority and emphasis for a grazing lands program within
USDA to promote conservation and enhancement of natural resources on
such private lands. If funding is provided, it will be through NRCS.

Sec. 387. Wildlife Habitat Incentives Program

Directs the Secretary, in consultation with State Technical
Committees, to establish, under the Natural Resources Conservation
Service, a wildlife habitat incentives program to provide cost sharing
for landowners to apply practices to develop upland wildlife, wetland
wildlife, threatened and endangered species, fish, and other types of
wildlife habitat. To carry out the program, a total of $50 million
shall be made available for fiscal years 1996 through 2002 from funds
available to carry out the Conservation Reserve Program,

Sec. 388. Farmland Protection Program

Under the farmland protection program, the Secretary is directed to
purchase conservation easements or other interests in between 170,000
and 340,000 acres of land with prime, unique or other productive soil
that is subject to a pending offer from a state or local government to
limit non-agricultural uses of the land. Funding for the program, from
the Commodity Credit Corporation, shall not exceed $35 million.

Sec. 391. Agricultural Air Quality Research Oversight

Encourages the Secretary to strengthen research efforts related to
agricultural air quality. Directs the Secretary to ensure
intergovernmental cooperation in research activities related to
agricultural air quality and to avoid duplication of activities. The
Secretary shall ensure that the results of any research related to
agricultural air quality conducted by Federal agencies not report
erroneous data with respect to agricultural air quality. Directs the
Chief of NRCS to establish a task force to address agricultural air
quality issues. The composition of the task force shall include
employees of the Department of Agriculture, industry representatives,
and other experts in the fields of agricultural and air quality. The
task force shall advise the Secretary in his role of providing
oversight and coordination related to agricultural air quality.

Subtitle D--Miscellaneous Rural Development Provisions

Sec. 791. Interest Rate Formula

Amends both the Bankhead Jones Farm Tenant Act and the Watershed
Protection and Flood Protection Act to allow the Secretary to
reestablish interest rate for RC&D loan and watershed loan programs.

Sec. 794. Fund for Rural America

Establishes an account labeled the Fund for Rural America and
directs that $100 million be transferred from the Treasury on January
1, 1997, October 1, 1998, and October 1, 1999 to the fund. Specifies
the purposes of the fund to be rural development and research. Research
includes grants to conserve and enhance natural resources. The
Secretary is authorized to use a third of the funds for rural
development, a third for competitive research, and a third for either
at the discretion of the Secretary.

Sec. 922. Student Internship Programs

Defines a student intern to be a person employed by USDA to assist
scientific, professional, administrative, and technical employees of
the Department, and be a student in good standing at an institution of
higher learning and pursuing a course of study related to the field
employed in by USDA. Authorizes use of funds to pay lodging,
subsistence, and transportation expenses of a student intern at the
agency.
Paul W. Johnson,
Chief, Natural Resources Conservation Service.
[FR Doc. 96-9278 Filed 4-12-96; 8:45 am]
BILLING CODE 3410-16-M