
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3839bb]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
                    Part V--Conservation Farm Option
 
Sec. 3839bb. Conservation farm option


(a) In general

    The Secretary shall establish conservation farm option pilot 
programs for producers of wheat, feed grains, cotton, and rice.

(b) Eligible owners and producers

    An owner or producer with a farm that has contract acreage enrolled 
in the agricultural market transition program established under the 
Agricultural Market Transition Act [7 U.S.C. 7201 et seq.] shall be 
eligible to participate in the conservation farm option offered under a 
pilot program under subsection (a) of this section if the owner or 
producer meets the conditions established under section (e) of this 
section.

(c) Purposes

    The purposes of the conservation farm option pilot programs shall 
include--
        (1) conservation of soil, water, and related resources;
        (2) water quality protection or improvement;
        (3) wetland restoration, protection, and creation;
        (4) wildlife habitat development and protection; or
        (5) other similar conservation purposes.

(d) Conservation farm plan

                           (1) In general

        To be eligible to enter into a conservation farm option 
    contract, an owner or producer must prepare and submit to the 
    Secretary, for approval, a conservation farm plan that shall become 
    a part of the conservation farm option contract.

                          (2) Requirements

        A conservation farm plan shall--
            (A) describe the resource-conserving crop rotations, and all 
        other conservation practices, to be implemented and maintained 
        on the acreage that is subject to contract during the contract 
        period;
            (B) contain a schedule for the implementation and 
        maintenance of the practices described in the conservation farm 
        plan;
            (C) comply with highly erodible land and wetland 
        conservation requirements of this chapter; and
            (D) contain such other terms as the Secretary may require.

(e) Contracts

                           (1) In general

        On approval of a conservation farm plan, the Secretary may enter 
    into a contract with the owner or producer that specifies the acres 
    being enrolled and the practices being adopted.

                      (2) Duration of contract

        The contract shall be for a period of 10 years. The contract may 
    be renewed for a period of not to exceed 5 years on mutual agreement 
    of the Secretary and the owner or producer.

                          (3) Consideration

        In exchange for payments under this subsection, the owner or 
    producer shall not participate in and shall forgo payments under--
            (A) the conservation reserve program established under 
        subpart B of part I of this subchapter;
            (B) the wetlands reserve program established under subpart C 
        of part I of this subchapter; and
            (C) the environmental quality incentives program established 
        under part IV of this subchapter.

     (4) Owner or producer responsibilities under the agreement

        Under the terms of the contract entered into under this section, 
    an owner or producer shall agree to--
            (A) actively comply with the terms and conditions of the 
        approved conservation farm plan;
            (B) keep such records as the Secretary may reasonably 
        require for purposes of evaluation of the implementation of the 
        conservation farm plan; and
            (C) not engage in any activity that would defeat the 
        purposes of the conservation farm option pilot program.

                            (5) Payments

        The Secretary shall offer an owner or producer annual payments 
    under the contract that are equivalent to the payments the owner or 
    producer would have received under the conservation reserve program, 
    the wetlands reserve program, and the environmental quality 
    incentives program.

                       (6) Balance of benefits

        The Secretary shall not permit an owner or producer to terminate 
    a conservation reserve program contract and enter a conservation 
    farm option contract if the Secretary determines that such action 
    will reduce net environmental benefits.

(f) Secretarial determinations

                        (1) Acreage estimates

        Prior to each year during which the Secretary intends to offer 
    conservation reserve program contracts, the Secretary shall estimate 
    the number of acres that--
            (A) will be retired under the conservation farm option under 
        the terms and conditions the Secretary intends to offer for that 
        program; and
            (B) would be retired under the conservation reserve program 
        if the conservation farm option were not available.

                      (2) Total land retirement

        The Secretary shall announce a number of acres to be enrolled in 
    the conservation reserve program that will result in a total number 
    of acres retired under the conservation reserve program and the 
    conservation farm option that does not exceed the amount estimated 
    under paragraph (1)(B) for the current or future years.

                           (3) Limitation

        The Secretary shall not enroll additional conservation reserve 
    program contracts to offset the land retired under the conservation 
    farm option.

(g) Commodity Credit Corporation

    The Secretary shall use the funds, authorities, and facilities of 
the Commodity Credit Corporation to carry out this subsection.

(h) Funding

    Of the funds of the Commodity Credit Corporation, the Corporation 
shall make available to carry out this section--
        (1) $7,500,000 for fiscal year 1997;
        (2) $15,000,000 for fiscal year 1998;
        (3) $25,000,000 for fiscal year 1999;
        (4) $37,500,000 for fiscal year 2000;
        (5) $50,000,000 for fiscal year 2001; and
        (6) $62,500,000 for fiscal year 2002.

(Pub. L. 99-198, title XII, Sec. 1240M, as added Pub. L. 104-127, title 
III, Sec. 335, Apr. 4, 1996, 110 Stat. 1002.)

                       References in Text

    The Agricultural Market Transition Act, referred to in subsec. (b), 
is title I of Pub. L. 104-127, Apr. 4, 1996, 110 Stat. 896, which is 
classified principally to chapter 100 (Sec. 7201 et seq.) of Title 7, 
Agriculture. For complete classification of this Act to the Code, see 
section 7201 of Title 7 and Tables.
