Pub. L. 104-127, tit. III, subtit. E, sec. 341
CONSERVATION FUNDING AND ADMINISTRATION.
SEC. 341. CONSERVATION FUNDING AND ADMINISTRATION. Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C. 3841 et seq.) is amended to read as follows: “Subtitle E— Funding and Administration “SEC. 1241. FUNDING. “(a) Mandatory Expenses.— For each of fiscal years 1996 through 2002, the Secretary shall use the funds of the Commodity Credit Corporation to carry out the programs authorized by— “(1) subchapter B of chapter 1 of subtitle D (including contracts extended by the Secretary pursuant to section 1437 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 16 U.S.C. 3831 note)); “(2) subchapter C of chapter 1 of subtitle D; and “(3) chapter 4 of subtitle D. “(b) Environmental Quality Incentives Program.— “(1) In general.— Of the funds of the Commodity Credit Corporation, the Secretary shall make available $130,000,000 for fiscal year 1996, and $200,000,000 for each of fiscal years 1997 through 2002, for providing technical assistance, cost-share payments, incentive payments, and education under the environmental quality incentives program under chapter 4 of subtitle D. “(2) Livestock production.— For each of fiscal years 1996 through 2002, 50 percent of the funding available for technical assistance, cost-share payments, incentive payments, and edu-110 STAT. 1008cation under the environmental quality incentives program shall be targeted at practices relating to livestock production. “SEC. 1242. USE OF OTHER AGENCIES. “(a) Committees.— In carrying out subtitles B, C, and D, the Secretary shall use the services of local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)). “(b) Other Agencies.— “(1) Use.— In carrying out subtitles C and D, the Secretary may utilize the services of the Natural Resources Conservation Service and the Forest Service, the Fish and Wildlife Service, State forestry agencies, State fish and game agencies, land-grant colleges, local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h), soil and water conservation districts, and other appropriate agencies. “(2) Consultation.— In carrying out subtitle D at the State and county levels, the Secretary shall consult with, to the extent practicable, the Fish and Wildlife Service, State forestry agencies, State fish and game agencies, land-grant colleges, soil-conservation districts, and other appropriate agencies. “SEC. 1243. ADMINISTRATION. “(a) Plans.— The Secretary shall, to the extent practicable, avoid duplication in— “(1) the conservation plans required for— “(A) highly erodible land conservation under subtitle B; “(B) the conservation reserve program established under subchapter B of chapter 1 of subtitle D; and “(C) the wetlands reserve program established under subchapter C of chapter 1 of subtitle D; and “(2) the environmental quality incentives program established under chapter 4 of subtitle D. “(b) Acreage Limitation.— “(1) In general.— The Secretary shall not enroll more than 25 percent of the cropland in any county in the programs administered under the conservation reserve and wetlands reserve programs established under subchapters B and C, respectively, of chapter 1 of subtitle D. Not more than 10 percent of the cropland in a county may be subject to an easement acquired under the subchapters. “(2) Exception.— The Secretary may exceed the limitations in paragraph (1) if the Secretary determines that— “(A) the action would not adversely affect the local economy of a county; and “(B) operators in the county are having difficulties complying with conservation plans implemented under section 1212. “(3) Shelterbelts and windbreaks.— The limitations established under this subsection shall not apply to cropland that is subject to an easement under chapter 1 or 3 of subtitle D that is used for the establishment of shelterbelts and windbreaks. “(c) Tenant Protection.— Except for a person who is a tenant on land that is subject to a conservation reserve contract that has been extended by the Secretary, the Secretary shall provide 110 STAT. 1009adequate safeguards to protect the interests of tenants and share-croppers, including provision for sharing, on a fair and equitable basis, in payments under the programs established under subtitles B through D. “(d) Provision of Technical Assistance by Other Sources.— In the preparation and application of a conservation compliance plan under subtitle B or similar plan required as a condition for assistance from the Department of Agriculture, the Secretary shall permit persons to secure technical assistance from approved sources, as determined by the Secretary, other than the Natural Resources Conservation Service. 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. “(e) Regulations.— Not later than 90 days after the date of enactment of the Federal Agriculture Improvement and Reform Act of 1996, the Secretary shall issue regulations to implement the conservation reserve and wetlands reserve programs established under chapter 1 of subtitle D.”.