
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: 7USC5822]

 
                          TITLE 7--AGRICULTURE
 
                          CHAPTER 88--RESEARCH
 
      SUBCHAPTER I--SUSTAINABLE AGRICULTURE RESEARCH AND EDUCATION
 
                  Part B--Integrated Management Systems
 
Sec. 5822. Integrated Farm Management Program Option


(a) Establishment

    The Secretary of Agriculture (hereafter in this section referred to 
as the ``Secretary'') shall, by regulation, establish a voluntary 
program, to be known as the ``Integrated Farm Management Program 
Option'' (hereafter referred to in this section as the ``program''), 
designed to assist producers of agricultural commodities in adopting 
integrated, multiyear, site-specific farm management plans by reducing 
farm program barriers to resource stewardship practices and systems.

(b) Definitions

                           (1) In general

        For purposes of this section--
            (A) The term ``resource-conserving crop'' means legumes, 
        legume-grass mixtures, legume-small grain mixtures, legume-
        grass-small grain mixtures, and alternative crops.
            (B) The term ``resource-conserving crop rotation'' means a 
        crop rotation that includes at least one resource-conserving 
        crop and that reduces erosion, maintains or improves soil 
        fertility and tilth, interrupts pest cycles, or conserves water.
            (C) The term ``farming operations and practices'' includes 
        the integration of crops and crop-plant variety selection, 
        rotation practices, tillage systems, soil conserving and soil 
        building practices, nutrient management strategies, biological 
        control and integrated pest management strategies, livestock 
        production and management systems, animal waste management 
        systems, water and energy conservation measures, and health and 
        safety considerations.
            (D) The term ``integrated farm management plan'' means a 
        comprehensive, multiyear, site-specific plan that meets the 
        requirements of subsection (f) of this section.

                              (2) Crops

        For purposes of paragraph (1)(A)--
            (A) The term ``grass'' means perennial grasses commonly used 
        for haying or grazing.
            (B) The term ``legume'' means forage legumes (such as 
        alfalfa or clover) or any legume grown for use as a forage or 
        green manure, but not including any bean crop from which the 
        seeds are harvested.
            (C) The term ``small grain'' shall not include malting 
        barley or wheat, except for wheat interplanted with other small 
        grain crops for nonhuman consumption.
            (D) The term ``alternative crops'' means experimental and 
        industrial crops grown in arid and semiarid regions that 
        conserve soil and water.

(c) Eligibility

    To be eligible to participate in the program established by this 
section, a producer must--
        (1) prepare and submit to the Secretary for approval an 
    integrated farm management plan (hereafter referred to in this 
    section as the ``plan'');
        (2) actively apply the terms and conditions of the plan, as 
    approved by the Secretary;
        (3) devote to a resource-conserving crop, on the average through 
    the life of the contract, not less than 20 percent of the crop 
    acreage bases enrolled under such program;
        (4) comply with the terms and conditions of any annual acreage 
    limitation program in effect for the crop acreage bases contracted 
    under the terms of this subsection; and
        (5) keep such records as the Secretary may reasonably require.

(d) Acreage

    In accepting contracts for the program, the Secretary, to the extent 
practicable, shall enroll not less than 3,000,000, nor more than 
5,000,000, acres of cropland in each of the calendar years 1991 through 
1995.

(e) Contracts

    The Secretary shall enter into contracts with producers to enroll 
acreage in the program. Such contracts shall be for a period of not less 
than 3 years, but may, at the producer's option, be for a longer period 
of time (up to 5 years) and may be renewed upon mutual agreement between 
the Secretary and the producer.

(f) Requirements of plans

    Each plan approved by the Secretary shall--
        (1) specify the acreage and the crop acreage bases to be 
    enrolled in the program;
        (2) describe the resource-conserving crop rotation to be 
    implemented and maintained on such acreage during the contract 
    period to fulfill the purposes of the program;
        (3) contain a schedule for the implementation, improvement and 
    maintenance of the resource-conserving crop rotation described in 
    the plan;
        (4) describe the farming operations and practices to be 
    implemented on such acreage and how such operations and practices 
    could reasonably be expected to result in--
            (A) the maintenance or enhancement of the overall 
        productivity and profitability of the farm;
            (B) the prevention of the degradation of farmland soils, the 
        long-term improvement of the fertility and physical properties 
        of such soils; and
            (C) the protection of water supplies from contamination by 
        managing or minimizing agricultural pollutants if their 
        management or minimization results in positive economic and 
        environmental benefits;

        (5) assist the producer to comply with all Federal, State, and 
    local requirements designed to protect soil, wetland, wildlife 
    habitat, and the quality of groundwater and surface water; and
        (6) contain such other terms as the Secretary may, by 
    regulation, require.

(g) Administration; certification; termination

       (1) Administration; technical assistance; flexibility; 
                        implementation; displacement

        (A) Administration

            The program shall be administered by the Secretary.

        (B) Technical assistance

            In administering the program, the Secretary, in consultation 
        with the local conservation districts, and any State or local 
        authorities deemed appropriate by the Secretary, shall provide 
        technical assistance to producers in developing and implementing 
        plans, evaluating the effectiveness of plans, and assessing the 
        costs and benefits of farming operations and practices. The 
        plans may draw on handbooks and technical guides and may also 
        include other practices appropriate to the particular 
        circumstances of the producer and the purposes of the program.

        (C) Flexibility

            In administering the program, the Secretary shall provide 
        sufficient flexibility for a producer to adjust or modify the 
        producer's plan consistent with this section, except that such 
        adjustments or modifications must be approved by the Secretary.

        (D) Minimization of adverse effect

            (i) In general

                Notwithstanding any other provision of this section, the 
            Secretary shall implement this section in such a manner as 
            to minimize any adverse economic effect on the 
            agribusinesses and other agriculturally related economic 
            interests within any county, State, or region that may 
            result from a decrease of harvested acres due to the 
            operation of this section. In carrying out this section, the 
            Secretary may restrict the total amount of crop acreage that 
            may be removed from production, taking into consideration 
            the total amount of crop acreage that has, or will be, 
            removed from production under other price support, 
            production adjustment, or conservation program activities.
            (ii) Maximize conservation goals

                The Secretary shall, to the greatest extent practicable, 
            permit producers on a farm that desire to participate in the 
            program authorized under this section to enroll acreage 
            adequate to maximize conservation goals on such farm and 
            ensure economic effectiveness of the program in each 
            individual application.

        (E) Displacement

            The Secretary shall not approve any plan that will result in 
        the involuntary displacement of farm tenants or lessees by 
        landowners through the removal of substantial portions of the 
        farm from production of a commodity. In the case of any tenant 
        or lessee who has rented or leased the farm (with or without a 
        written option for annual renewal or periodic renewals) for a 
        period of two or more of the immediately preceding years, the 
        Secretary shall consider the refusal by a landlord, without 
        reasonable cause other than simply for the purpose of enrollment 
        in the program, to renew such rental or lease as an involuntary 
        displacement in the absence of a written consent to such 
        nonrenewal by the tenant or lessee.

                          (2) Certification

        The Secretary shall certify compliance by producers with the 
    terms and conditions of the plans.

                           (3) Termination

        The Secretary may terminate a contract entered into with a 
    producer under this program if--
            (A) the producer agrees to such termination, or
            (B) the producer violates the terms and conditions of such 
        contract.

(h) Program rules

                    (1) Base and yield protection

        Notwithstanding any other provision of law, the Secretary shall 
    not, except as provided in paragraph (6), reduce crop acreage bases, 
    or farm program payment yields, as a result of the planting of a 
    resource-conserving crop as part of a resource-conserving crop 
    rotation.

          (2) Resource-conserving crops on reduced acreage

        Notwithstanding the provisions of title I of the Agricultural 
    Act of 1949 [7 U.S.C. 1441 et seq.], acreage devoted to resource-
    conserving crops as part of a resource-conserving crop rotation 
    under this program may also be designated as conservation use 
    acreage for the purpose of fulfilling any provisions under any 
    acreage limitation or land diversion program and up to 50 percent of 
    the acreage so designated shall be without restrictions on haying 
    and grazing, except as provided in paragraph (5)(B), except that 
    such acreage that is devoted to perennial cover on which cost-share 
    assistance for the establishment of the perennial cover has been 
    provided, shall not be credited towards the producer's resource-
    conserving crop requirement under a contract under this section.

                     (3) Barley, oats, and wheat

        Notwithstanding any other provisions of this section, barley, 
    oats, or wheat planted as part of a resource-conserving crop on 
    reduced acreage may not be harvested in kernel form.

                          (4) Payment acres

        Notwithstanding any other provision of this Act, the Secretary 
    shall not reduce farm program payments of participants in this 
    program as a result of the planting a resource-conserving crop as 
    part of a resource-conserving crop rotation on payment acres.

                 (5) Haying and grazing restriction

        (A) In general

            The Secretary shall not make any program payments to a 
        producer who is otherwise eligible to receive with respect to 
        acreage enrolled in the program if such producer hays or grazes 
        such acreage (excluding acreage designated as conservation use 
        acreage) during the 5-month period in each State during which 
        haying and grazing of conserving use acres is not allowed under 
        the provisions of the Agricultural Act of 1949 [7 U.S.C. 1421 et 
        seq.], or, if the crop planted on such acreage includes a small 
        grain, before the producer harvests the small grain crop in 
        kernel form.

        (B) Limitation on permitted haying and grazing

            Notwithstanding any other provision of this section, if the 
        Secretary determines that implementation of this section will 
        result in a significant adverse economic impact on hay or 
        livestock prices in a particular geographic area, the Secretary 
        may limit the quantity of hay that can be harvested or grazed 
        from that area. Such limit may include restrictions on the 
        number of times that hay may be harvested or grazed from the 
        acres per year, the timing of such harvesting and grazing, or 
        the number of years that such land may remain in the same hay 
        stand, or a prohibition on the harvesting or grazing of hay from 
        acres on which a small grain was not originally interplanted 
        with the hay crop and harvested for grain.

                      (6) Base acre adjustments

        The Secretary, only for the purpose of establishing a producer's 
    crop acreage base under the Agricultural Act of 1949 [7 U.S.C. 1421 
    et seq.], may make such adjustments as the Secretary determines to 
    be fair and equitable to reflect resource-conserving crop rotation 
    practices that were maintained by producers prior to participation 
    in the program and to reflect such other factors as the Secretary 
    determines should be considered, except that the total of such 
    adjustments in any year shall not exceed the total farm program 
    savings in the same year that would result from the implementation 
    of plans.

                   (7) Payment acreage limitation

        (A) In general

            No producers enrolled in a resource-conserving crop rotation 
        shall be eligible to receive payments under farm programs for 
        wheat, feed grains, cotton, or rice under the Agricultural Act 
        of 1949 [7 U.S.C. 1421 et seq.] on acreage equal to the average 
        number of traditionally underplanted acres for the three years 
        prior to enrolling in this program.

        (B) ``Traditionally underplanted acreage'' defined

            (i) In general

                Subject to clause (ii), for the purposes of this 
            paragraph the term ``traditionally underplanted acreage'' 
            means the difference in a particular year between the 
            acreage that is part of a producer's crop acreage base that 
            is not planted to the program crop and the part of the crop 
            acreage base subject to an acreage limitation program or 
            required to be set aside, but only to the extent that such 
            number exceeds the number of acres resulting from the 
            reduction in payment acres under an amendment made by 
            section 1101 of the Omnibus Budget Reconciliation Act of 
            1990 (Public Law 101-508; 104 Stat. 1388-1). In no case 
            shall such acreage be less than zero.
            (ii) Exception

                In the case of a producer participating in a particular 
            year in a program authorized under section 101B(c)(1)(D), 
            103B(c)(1)(D), 105B(c)(1)(E), or 107B(c)(1)(E) \1\ of the 
            Agricultural Act of 1949, the term ``traditionally 
            underplanted acreage'' means 8 percent of the producer's 
            permitted acreage for such year.
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    \1\ See References in Text note below.
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(Pub. L. 101-624, title XIV, Sec. 1451, Nov. 28, 1990, 104 Stat. 3607; 
Pub. L. 101-508, title I, Sec. 1204(a), Nov. 5, 1990, 104 Stat. 1388-11; 
Pub. L. 102-237, title II, Sec. 201(a), Dec. 13, 1991, 105 Stat. 1846.)

                       References in Text

    The Agricultural Act of 1949, referred to in subsec. (h)(2), (5)(A), 
(6), (7)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, 
which is classified principally to chapter 35A (Sec. 1421 et seq.) of 
this title. Title I of the Agricultural Act of 1949, is classified 
generally to subchapter II (Sec. 1441 et seq.) of chapter 35A of this 
title. Sections 101B, 103B, 105B, and 107B of the Act were classified to 
sections 1441-2, 1444-2, 1444f, and 1445b-3a of this title prior to 
repeal by Pub. L. 104-127, title I, Sec. 171(b)(2)(A)-(D), Apr. 4, 1996, 
110 Stat. 938. For complete classification of this Act to the Code, see 
Short Title note set out under section 1421 of this title and Tables.
    This Act, referred to in subsec. (h)(4), is Pub. L. 101-624, Nov. 
28, 1990, 104 Stat. 3359, as amended, known as the Food, Agriculture, 
Conservation, and Trade Act of 1990. For complete classification of this 
Act to the Code, see Short Title note set out under section 1421 of this 
title and Tables.
    Section 1101 of the Omnibus Budget Reconciliation Act of 1990, 
referred to in subsec. (h)(7)(B)(i), is section 1101 of Pub. L. 101-508, 
which amended former sections 1441-2, 1444-2, 1444f, and 1445b-3a of 
this title.

                          Codification

    Section was not enacted as part of subtitle B of title XVI of Pub. 
L. 101-624 which comprises this subchapter.


                               Amendments

    1991--Subsec. (b)(1)(D). Pub. L. 102-237, Sec. 201(a)(1), 
substituted ``subsection (f)'' for ``subsection (e)''.
    Subsec. (d). Pub. L. 102-237, Sec. 201(a)(2), inserted ``each of'' 
before ``the calendar''.
    Subsec. (f)(5). Pub. L. 102-237, Sec. 201(a)(3), substituted 
``assist'' for ``assisting''.
    Subsec. (h)(7)(B)(i). Pub. L. 102-237, Sec. 201(a)(4)(A), inserted 
before period at end of first sentence ``, but only to the extent that 
such number exceeds the number of acres resulting from the reduction in 
payment acres under an amendment made by section 1101 of the Omnibus 
Budget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388-
1)''.
    Subsec. (h)(7)(B)(ii). Pub. L. 102-237, Sec. 201(a)(4)(B), 
substituted ``under section 101B(c)(1)(D), 103B(c)(1)(D), 105B(c)(1)(E), 
or 107B(c)(1)(E)'' for ``under section 101B(c)(1)(B), section 
103B(c)(1)(B), section 105A(c)(1)(B), or section 107A(c)(1)(B)''.
    1990--Subsec. (d). Pub. L. 101-508, Sec. 1204(a)(1), substituted 
``enroll not less than'' for ``enroll not more than''.
    Subsec. (h)(7)(A). Pub. L. 101-508, Sec. 1204(a)(2), substituted 
``shall be eligible'' for ``shall not be eligible''.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-237 effective as if included in the 
provision of the Food, Agriculture, Conservation, and Trade Act of 1990, 
Pub. L. 101-624, to which the amendment relates, see section 1101(b)(1) 
of Pub. L. 102-237, set out as a note under section 1421 of this title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section 
1301 of Pub. L. 101-508, set out as a note under section 511r of this 
title.
