16 U.S.C. § 590q-3 : US Code - Section 590Q-3: Critical lands resource conservation program in Great Plains area

Search 16 U.S.C. § 590q-3 : US Code - Section 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.
(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.