USDA
April 1996
Farm Bill    Conservation
 Overview
                            Provisions
                      "-•                  United States Department of Agriculture

 The  1996  Farm Bill's  Commitment To Conservation
      |he conservation provisions in the 1996 Farm Bill
      will affect farmers well into the next century. The
      new provisions build on the conservation gains
 made by landowners over the past decade. They simplify
 existing programs and create new programs to address
 high priority environmental protection goals. Here is a
 quick'summary of some of the key provisions:

 • The new Environmental Quality Incentives Program
  consolidates the functions of four existing conservation
  programs into one and focuses assistance to locally-
  identified conservation priority areas or areas where
  agricultural improvements will help meet water quality
  goals. In fiscal year 1996, $130 million will be available.
  After that, the program will be funded at $200 million
  annually. Funds will pay for technical assistance and
  cost-sharing on conservation practices. Fifty percent of
  the funds are dedicated to conservation associated with
  livestock operations.

 • The popular Wetlands Reserve Program and
  Conservation Reserve Program are extended through
  2002. Changes provide landowners more options for
  protecting wetlands and highly erodible lands. In the
  Wetlands Reserve Program, landowners will now be
  able to choose either permanent or 30-year easements,
  or restoration only cost-share agreements.
  • A new Farmland Protection Program will provide up
   to $35 million to help farmers preserve their land in
   agriculture.The program provides assistance to states '
   with existing farmland protection programs to purchase
   conservation easements.
  • Current Swampbuster and wetlands provisions from
   the 1985 and 1990 Farm Bills were modified to provide
   farmers with more flexibility to meet wetland conserva-
   tion compliance requirements. Changes include expand-
   ing areas where mitigation can be used, allowing
   mitigation by restoration, enhancement or creation, and
   changing the abandonment clause.

  • The new Wildlife Habitat Incentives Program provides
   $50 million over the next seven years to help landown-
   ers improve wildlife habitat on private lands.
                                      • Conservation Compliance was changed to direct USDA
                                       employees who are providing on-site technical assistance
                                       to notify landowners if they observe potential compliance
                                       problems. Landowners will have up to one year to take
                                       corrective action. County Committees are authorized to
                                       provide relief in cases of economic hardship.

                                      • A Rood Risk Reduction Program was established that
                                       allows farmers who voluntarily enter into contracts to
                                       receive payments on lands with high flood potential. In
                                       return, participants agree to forego certain USDA program
                                       benefits. These contract payments provide incentives to
                                       move farming operations from frequently flooded land.

                                      • The Emergency Watershed Protection Program was
                                       amended to allow the purchase of Roodplain Easements,

                                      «The new Conservation of Private Grazing Land initia-
                                       tive offers landowners technical, educational and related
                                       assistance on the Nation's 642 million acres of private
                                       grazing lands.
                                      • The National Natural Resources Conservation
                                       Foundation is created as a nonprofit corporation to
                                       fund research, education and demonstration projects
                                       related to conservation.
                                      • Membership in the State Technical Committees, the
                                       group which provides guidance on technical standards
                                       for conservation programs, was broadened to include
                                       agricultural producers and others knowledgeable about
                                       conservation.
                                       • A new Conservation Farm Option was created for pro-
                                       ducers of wheat, feed grains, upland cotton, and rice who
                                       are eligible for Agriculture Market Transition Contracts.
                                        Under this pilot program, landowners may consolidate
                                        their CRP, WRP, and EQIP payments into one annual
                                        payment The participants enter into a 10-year contract
                                        and agree to adopt a conservation farm plan.
                                       • Under the interagency Wetlands Memorandum of
                                        Agreement, the definition of agricultural land was
                                        expanded to include not only cropland and pastureland,
                                        but also rangeland, native pastureland, other land used
                                        to support livestock production, and tree farms.
   Th« United Stat«s 0«parim«nt of AgncuSure (USDA) orcftSjKj discrmiwtion in tt programs on *w basis ol not. edor. n»Uon«l origin, tax. fOfigton. ag«. olsab.my. political6*6«fa •"I"*"*"
   or familial stilus. (NoC <1 prenixHd bases aoely to at programs.) Parsons wift disabilities woo rwjuir* utwnalrn maans tar commurwaaal ol program nkxmaoon (Bran*. *V» *"«•
   autfotap*. ate.) sdouM contact UK USOAOtTe«olCommuricatcns at (202) 720-2791.        	._—.«,,_,,   ,  ,^v,, •***_,, rr men USCA is an wual
    To life- a complaint, wnts ln« Sacrctary ot Agnculturt. U.S. Oeoanment ol Agr«a«urt. Washington O.C.. 20250 or can (202) 720-7327 (vocc) or (202) 720-1127 (TOO), usu* o •" «n»-
   employment opportunity employ*.                             .                                       •'.

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USDA
April 1996
 Summary
Conservation
Provisions
                                       United States Department of Agriculturs
 Conservation Provisions of the
 1996 Farm Bill
      (HE conservation provisions of the 1996 farm
       bill simplify existing conservation programs and
       improve their flexibility and efficiency. The bill
 also creates new programs to address high priority
 environmental protection goals.
   The farm bill authorizes more than $2.2 billion in
 additional funding for conservation programs, extends
 the Conservation Reserve Program and Wetland
 Reserve Program, and creates new initiatives to
 improve natural resources on America's private lands.
   To qualify for market transition payments under
 basic commodity programs which replace traditional
 farm subsidies, farm operators must agree to abide by
 Conservation Compliance and Wetlands Conservation
 (Swampbuster) provisions in the 1996 farm bill.

 Umbrella Program Reform
 The bill reforms an existing program, the
 Environmental Conservation Acreage Reserve
 Program (ECARP), which encompasses the existing
 Conservation Reserve Program, the new  ,
 Environmental Quality Incentives Program, and the
 Wetland Reserve Program.

 Conservation Reserve Program
 The .CRP protects highly erodible'and environmentally
 sensitive lands with grass, trees,  and other long-term
 cover.
 The farm bill:
 • Allows up to 36.4 million acres to be enrolled at any
   one time. New enrollments can replace expired  or
   terminated contracts.

  • Allows owners or operators who entered into a con-
   tract before 1995 to terminate contracts on certain
   acres after giving written notice. Contracts must have
   been in effect for at least five years. Lands with high
   environmental values are not eligible for early release.

  • Gives the Secretary discretionary authority to offer
   future early outs for CRP acres.
         Environmental Quality Incentives
         The Environmental Quality Incentives Program (EQIP)
         is a new program which combines the functions of the
         Agricultural Conservation Program, Water Quality
         Incentives Program, Great Plains Conservation
        • Program and the Colorado River Basin Salinity Control
         Program.
           EQIP is funded at $130 million in fiscal year 1996
         and $200 million annually thereafter. Livestock-related
         conservation practices will receive 50 percent of pro-
         gram funding.

         The farm bill:
         • Establishes conservation priority areas where signifi-
           cant water, soil, and related natural resource prob-
           lems exist, in cooperation with state and federal
           agencies and with the state technical committees.
         • Gives higher priority to areas where state or local
           governments offer financial or technical assistance,
           or where agricultural improvements will help meet
           water quality objectives.
         • Establishes 5-to 10-year contracts to provide technical
           assistance and pay up to 75 percent of the costs of
           conservation practices such as manure management
           systems, pest management, and erosion control.

         • Defines land eligible for EQIP contracts as agricultur-
           al land that poses a serious problem to soil, water, or
           related resources.
          • Does not allow large livestock operations (to be
           defined through a public rule-making process) to  be
           eligible for cost-share assistance for animal waste
           management facilities, but they do remain eligible for
           technical assistance.

          • Requires activities under the contract to be carried
           out according to a conservation plan.
          • Limits total cost-share and incentive payments to any
           person to $10,000 annually, and to $50,000 for the
           life of the contract.
          • Phases in EQIP over the next six months, and then
            ends the Agricultural Conservation Program,

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  Colorado River Basin Salinity Control Program,
  Water QuaJity Incentives Program, and the Great
  Plains Conservation Program^

Wetland Reserve Program
The WRP will have an enrollment cap of 975,000
acres. Program changes provide more flexibility and
help landowners work toward a goal of no net loss of
wetlands.
The revised WRP:

• Requires that, beginning October 1,1996, one-third of
  total program acres be enrolled in permanent ease-
  ments, one-third in 30-year easements, and one-third
  in restoration only cost-share agreements. Individuals
  may choose the category for their eligible land.

 • Stipulates that effective October 1,1996, no new
  permanent easements may be enrolled until at least
  75,000 acres of temporary easements have entered
  the program.

 • Provides landowners with 75 percent to 100 percent
  cost-sharing for permanent easements, 50 percent to
  75 percent for 30-year easements, and 50 percent to
  75 percent for restoration cost-share agreements.
  Cost-sharing will help pay for restoration.

 Wetland Conservation (Swampbuster)
 The 1996 farm bill makes several policy changes to
 existing Swampbuster provisions to give farmers more
 flexibility in complying with wetland conservation
 requirements while protecting natural resources:.
 • Expands areas where mitigation can be used. This
   allows individuals to work with producers, conserva-
   tion districts or other relevant entities to select the
   best area for mitigating wetlands.

 • Provides more options for mitigation, including
   restoration, enhancement, or creation as long as
   wetland functions and values are maintained.

 •  Encourages effective and timely use of "minimal
    effect" determinations. This change allows the
    National Resources Conservation Service (NRCS),
    working with state technical committees, to identify
    practices that have a minimal effect on the environ-
    ment and put them on a "fast track."
  •  Stipulates that wetland conversion activities, autho-
    rized by a permit issued under Section 404 of the
    Clean Water Act, which make agriculture production
    possible, will be accepted for farm bill purposes if
    they'were adequately mitigated.
•  Revises the concept of "abandonment" to ensure
  that as long as land is used for agriculture, a csrtrfied
  Prior Converted cropland designation remains in
  effect. When done under an approved plan, landown-
  ers with Farmed Wetlands (FW) and Farmed
  Wetlands Pasture (FWP) may allow an area to revert
  to wetland status, and convert it back to an FW or
  FWP for agricultural purposes without violating the
  Swampbuster provision.
• Requires wetland determinations to be certified by
  NRCS. Previous wetland determinations will be certi-
  fied to verify their accuracy. A certified wetland deter-
  mination will remain in effect as long as the land is
  used for agricultural purposes or until the owner or
  operator requests a review from the Secretary.
• Provides the Secretary with the discretion to waive
  penalties for ineligibility and to grant time to restore
  converted wetlands.
• Provides the Secretary with authority to identify for
  individual producers which programs are affected
  by Swampbuster violations and how much the
  penalty  is.                                  :
 • Establishes a pilot program for wetland mitigation
  banking in order to allow USDA to assess how well
  mitigation banking works for agriculture.

 Wetlands Memorandum of Agreement
 The farm  bill expands the definition of agricultural land
 contained in the interagency Wetlands MOA to include
 not only cropland and pasture land, but also tree
 farms, rangeland, native pasture land, and other land
 used for livestock production.

 Conservation Research and Education
 The farm bill creates the National Natural Resources
 Conservation Foundation as a charitable nonprofit cor-
 poration to fund research and educational activities
 relating to conservation on private lands.
    The foundation will  promote innovative solutions to
 conservation problems through public-private  part-
 nerships. It will also accept private gifts of money or
 property  to be used for conservation activities.
 Congress has authorized $1 million annually from
  1997 through 1999.
    The new foundation will offer grants for research,
  education, and demonstration projects. Grants will also
  assist conservation districts in building resources to   .
  carry out local conservation programs.
    The foundation will  be administered by a nine-mem-
  ber board of trustees appointed by the Secretary.

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Conservation Compliance
The farm bill makes several policy changes in the
operation of Conservation Compliance:

• Directs USOA employees who are providing on-site
  technical assistance to work with landowners to cor-
  rect an observed potential compliance problem.
  Landowners will have up to one year to take correc-
  tive action before a violation is reported.

• Encourages farmers to maintain records of residue
  measurement, including those provided by a third
  party. Where appropriate, USDA will use these mea-
  surements when conducting annual status reviews to
  determine erosion levels.

 • Authorizes county committees to provide relief in
  cases of undue economic hardship.

 • Revises "good faith" to ensure penalties are com-
  mensurate with violations.

 NRCS Technical Guide
 The farm bill requires public notice at the state level of
 future changes in the NRCS  technical guide that affect
 Swampbuster and Conservation Compliance.

 Conservation of Private Grazing Land
 The grazing lands provision is a new program to
 ensure technical, educational, and related assistance
 is provided to landowners on the nation's 642 million
 acres of private grazing lands. In fiscal year 1996, $20
 million is authorized. This amount increases to $60 mil-
 lion by the third year.

 Farmland  Protection Program
 The Farmland Protection Program is a new program
 under which the Secretary will join with state or local
 governments to purchase conservation easements.
 Based on voluntary participation, it only applies to land
 which farmers want to preserve in agriculture.

 The program:
 • Protects between 170,000 and 340,000 acres of
   farmland.

 • Authorizes  up to $35 million in total federal funding.

 • Requires land to be subject to a pending offer from a
   state or local farmland conservation program in order
   to participate.

  Task Force on Agricultural Air Quality
  The-1996 farm bill establishes a task force on agricul-
  tural air quality. The Chief of the Natural Resources
  Conservation Service will chair the task force.
Flood Risk Reduction
This provision authorizes voluntary contracts that pro-
vide one lump sum payment to producers who farm
land with high flood potential. The payment will equal
95 percent of the seven-year market transition pay-
ments, and other payments to offset estimated federal
outlays on frequently flooded land.
   In return, the producer agrees to comply with  applic-
able wetlands and highly erodible land requirements
and to forego commodity loans, crop insurance,  con-
servation program payments, and disaster payments.

Wildlife Habitat Incentives  Program
This new provision will help landowners improve
wildlife habitat on private lands. The program will
have  $50 million in CRP funds for wildlife habitat
improvement.

The program:
• Provides cost-sharing to landowners for developing
  habitat for upland wildlife, wetland wildlife, endan-
  gered species, fisheries and other wildlife.

• Provides for consulting with state technical commit-
  tees to set priorities for cost-share measures and
  habitat development projects.

 Emergency Watershed Protection
 Program  Floodplain Easements
The farm bill authorizes the Secretary to purchase
floodplain easements under the Emergency
 Watershed Protection Program.

 State Technical Committees
 State technical committees help develop technical
 standards for conservation programs. The farm  bill
 requires public notice of meetings and expands com-
 mittee membership to include representatives of non-
 government organizations such as agricultural
 producers, non-profit conservation organizations,
 agribusiness, and experts on the economic and envi-
 ronmental impacts of conservation techniques.

 Conservation Farm Option
 This is a pilot program for producers of wheat, feed
 grains, upland cotton, and rice who are eligible for
 Agriculture  Market Transition Contracts. Under this pro-
 gram, landowners may consolidate their CRP, WRP,
 and  EQIP payments into one annual payment The par-
 ticipants enter into a 10-year contract and adopt a con-
 servation farm plan  approved by the Secretary.  Initially,
 $7.5 million is authorized, increasing to $62.5 million in
 2002. Total authorized funding is $197.5 million.  ,

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Resource Conservation and
Development Program
This program is reauthorized as is until 2002.

Forestry Incentives Program
This program is reauthorized as is until 2002.

Soil Survey          ass*dF^"
The farm bill provides flexibility in determining how soil
survey information is communicated to the public.

Everglades
The farm bill supports ongoing efforts to protect the
Everglades ecosystem. This provision authorizes $200
million for restoration activities including land acquisi-
tion. Authority is also provided to sell or exchange an
additional $i 00 million in federal land to help protect •
the Everglades.

 Bypass Flows on Forest Service Lands
A task force will be appointed to study the issue of
 bypass flows and related water rights on national for-
 est land. In the interim, there will be an 18-month
 moratorium on bypass flow requirements during the
 renewal of Forest Service permits for water supply
 facilities.
                                   s
  •mpfoymtnt opuororiqr •mptoyw.

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