Notice of Meeting

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:

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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.

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FOR FURTHER INFORMATION CONTACT:

To obtain additional information about a specific forum, contact the

following individual:

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Location Contact person Phone Address

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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.

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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

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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

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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.

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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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