§ 590q-3. — Critical lands resource conservation program in Great Plains area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC590q-3]
TITLE 16--CONSERVATION
CHAPTER 3B--SOIL CONSERVATION
Sec. 590q-3. Critical lands resource conservation program in
Great Plains area
Notwithstanding any other provision of law--
(a) Authorization for program
The Secretary of Agriculture is authorized to formulate and carry
out a program with owners and operators of land in the Great Plains area
as described in section 590p(b) \1\ of this title to reduce runoff, soil
and water erosion, and otherwise to promote the conservation of soil and
water resources in such area through the conversion of cropland from
soil depleting uses to conserving uses including the production of soil
conserving cover crops.
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\1\ See References in Text note below.
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(b) Terms of agreements with owners or operators
To effectuate the purposes of the program, the Secretary may enter
into an agreement for a two-year period with an owner or operator as
described in subsection (a) of this section whereby the owner or
operator shall agree to devote to a soil conserving cover crop a
specifically designated acreage of cropland on the farm up to 50 per
centum of the acreage which had been planted to any soil depleting crop
or crops in any of the two years preceding the date of the agreement.
The agreement shall be renewable for annual periods thereafter subject
to the mutual agreement of the owner or operator and the Secretary. In
such agreement, the owner or operator shall agree (1) to plant a legume,
or if not adapted to such area, an annual, biennial, or a perennial
cover crop, as specified in the agreement; (2) to divert from production
such portion of one or more crops designated by the Secretary as the
Secretary determines necessary to effectuate the purpose of the program;
(3) not to harvest any crop from or graze the designated acreage during
the agreement period, unless the Secretary determines that it is
necessary to permit grazing or harvesting in order to alleviate damage,
hardship, or suffering caused by severe drought, flood, or other natural
disaster, and consents to such grazing or harvesting subject to an
appropriate reduction in the rate of payment; (4) to give adequate
assurance, as specified by the Secretary, that the land was not acquired
for the purpose of placing it in the program: Provided, That the
foregoing provision shall not prohibit the continuation of an agreement
by a new owner if an agreement has once been entered into under this
section nor prevent an owner or operator from placing a farm in the
program if the farm was acquired by the owner to replace an eligible
farm from which he was displaced because of its acquisition by any
Federal, State, or other agency having the right of eminent domain; (5)
to forfeit all rights to further payments under the agreement and refund
to the United States all payments received thereunder upon his violation
of the agreement at any stage during the time he has control of the land
if the Secretary determines that such violation is of such a nature as
to warrant termination of the agreement, or to make refunds or accept
such payment adjustments as the Secretary may deem appropriate if the
Secretary determines that the violation by the owner or operator does
not warrant termination of the agreement; (6) upon transfer of his right
and interest in the farm, during the agreement period, to forfeit all
rights to further payments under the agreement and refund to the United
States all payments received thereunder unless the transferee of any
such land agrees with the Secretary to assume all obligations of the
agreement; (7) not to adopt any practice specified by the Secretary in
the agreement as a practice which would tend to defeat the purposes of
the agreement; and (8) to such additional provisions as the Secretary
determines are desirable to effectuate the purposes of the program or to
facilitate the practical administration of the program, including such
measures as the Secretary may deem appropriate to keep the designated
acreage from eroding and free from weeds and rodents in accordance with
good conservation systems.
(c) Annual adjustment payments
In consideration for such agreement, the Secretary shall make annual
adjustment payments to the owner or operator for the period of the
agreement at such rate or rates not in excess of $30 per acre as the
Secretary determines to be fair and reasonable. The Secretary may use an
advertising and bid procedure in determining the lands in any area to be
covered by agreements and the payment rate therefor. The Secretary and
the owner or operator may agree that the annual adjustment payments for
the agreement period shall be made either upon approval of the agreement
or in such installments as they may agree to be desirable: Provided,
That for each year any annual adjustment payment is made in advance of
performance, the annual adjustment payment shall be reduced by 5 per
centum.
(d) Termination of agreements
The Secretary may terminate any agreement under the program, by
mutual agreement with the owner or operator, if the Secretary determines
that such termination would be in the public interest, and may agree
with the owner or operator to such modification of agreements as the
Secretary may determine to be desirable to carry out the purposes of the
program or facilitate its administration.
(e) Preservation of cropland, crop acreage, and allotment history
The Secretary may, to the extent the Secretary deems it desirable,
provide by appropriate regulations for preservation of cropland, crop
acreage, and allotment history applicable to acreage diverted from the
production of crops to establish vegetative cover for the purpose of any
Federal program under which such history is used as a basis for an
allotment or other limitation or for participation in such program.
(f) Utilization of Federal and non-Federal offices
In carrying out the program, the Secretary shall utilize the
services of local, county, and State committees established under
section 590h of this title and the technical services of the Soil
Conservation Service and soil and water conservation districts.
(g) Program payments
In case any producer who is entitled to any payment under the
program dies, becomes incompetent, or disappears before receiving such
payment, or is succeeded by another who renders or completes the
required performance, the payment shall, without regard to any other
provisions of law, be made as the Secretary may determine to be fair and
reasonable.
(h) Tenants and sharecroppers
The Secretary shall provide adequate safeguards to protect the
interests of tenants and sharecroppers, including provision for sharing,
on a fair and equitable basis, in payments under the program.
(i) Rules and regulations
The Secretary shall prescribe such regulations as the Secretary
determines necessary to carry out the provisions of this section.
(j) Authorization of appropriations; utilization of Commodity Credit
Corporation
There are authorized to be appropriated for the period beginning
October 1, 1977, and ending September 30, 1981, such sums as may be
necessary to carry out the program provided for in this section. The
Secretary is authorized to utilize the facilities, services, and
authorities of the Commodity Credit Corporation in discharging the
Secretary's functions and responsibilities under the program, including
payment of costs of administration: Provided, That the Commodity Credit
Corporation shall not make any expenditures for such purposes unless the
Corporation has received funds to cover such expenditures from
appropriations made to carry out this section.
(Pub. L. 95-113, title XV, Sec. 1511, Sept. 29, 1977, 91 Stat. 1022.)
References in Text
Section 590p of this title, referred to in subsec. (a), was repealed
by Pub. L. 104-127, title III, Sec. 336(b)(1), Apr. 4, 1996, 110 Stat.
1006.
Codification
Section was enacted as part of the Food and Agriculture Act of 1977,
and not as part of the Soil Conservation and Domestic Allotment Act
which comprises this chapter.
Effective Date
Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113,
set out as an Effective Date of 1977 Amendment note under section 1307
of Title 7, Agriculture.
