[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           
------------------------------------------------------------------------
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)

    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 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]
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