§ 1838. — Conversion of cropland into vegetative cover, water storage, wildlife and conservation uses; contracts with farmers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1838]
TITLE 7--AGRICULTURE
CHAPTER 45--SOIL BANK PROGRAM
SUBCHAPTER IV--CROPLAND ADJUSTMENTS
Sec. 1838. Conversion of cropland into vegetative cover, water
storage, wildlife and conservation uses; contracts with farmers
(a) Authority for calendar years 1965 through 1970; term of agreements
Notwithstanding any other provision of law, for the purpose of
reducing the costs of farm programs, assisting farmers in turning their
land to nonagricultural uses, promoting the development and conservation
of the Nation's soil, water, forest, wildlife, and recreational
resources, establishing, protecting, and conserving open spaces and
natural beauty, the Secretary of Agriculture is authorized to formulate
and carry out a program during the calendar years 1965 through 1970
under which agreements would be entered into with producers as
hereinafter provided for periods of not less than five nor more than ten
years. No agreement shall be entered into under this section concerning
land with respect to which the ownership has changed in the three-year
period preceding the first year of the agreement period unless the new
ownership was acquired by will or succession as a result of the death of
the previous owner, or unless the new ownership was acquired prior to
January 1, 1965, under other circumstances which the Secretary
determines, and specifies by regulation, will give adequate assurance
that such land was not acquired for the purpose of placing it in the
program: Provided, That this provision shall not be construed to
prohibit the continuation of an agreement by a new owner after an
agreement has once been entered into under this section: Provided
further, That the Secretary shall not require a person who has operated
the land to be covered by an agreement under this section for as long as
three years preceding the date of the agreement and who controls the
land for the agreement period to own the land as a condition of
eligibility for entering into the agreement. The foregoing provision
shall not prevent a producer from placing a farm in the program if the
farm was acquired by the producer 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.
(b) Terms of agreement; specifically designated acreage; land use
The producer shall agree (1) to carry out on a specifically
designated acreage of land on the farm regularly used in the production
of crops (including crops, such as tame hay, alfalfa, and clovers, which
do not require annual tillage and which have been planted within five
years preceding the date of the agreement), hereinafter call
``designated acreage'', and maintain for the agreement period practices
or uses which will conserve soil, water, or forest resources, or
establish or protect or conserve open spaces, natural beauty, wildlife
or recreational resources, or prevent air or water pollution, in such
manner as the Secretary may prescribe (priority being given to the
extent practicable to practices or uses which are most likely to result
in permanent retirement to noncrop uses); (2) to maintain in conserving
crops or uses or allow to remain idle throughout the agreement period
the acreage normally devoted to such crops or uses; (3) not to harvest
any crop from or graze the designated acreage during the agreement
period, unless the Secretary, after certification by the Governor of the
State in which such acreage is situated of the need for grazing or
harvesting of such acreage, 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; and (4) to such additional terms and
conditions as the Secretary determines are desirable to effectuate the
purposes of the program, including such measures as the Secretary may
deem appropriate to keep the designated acreage free from erosion,
insects, weeds, and rodents. Agreements entered into under which 1966 is
the first year of the agreement period (A) shall require the producer to
divert from production all of one or more crops designated by the
Secretary; and (B) shall not provide for diversion from the production
of upland cotton in any county in which the county committee by
resolution determines, and requests of the Secretary, that there should
not be such diversion in 1966.
(c) Federal costs; annual adjustment payment
Under such agreements the Secretary shall (1) bear such part of the
average cost (including labor) for the county or area in which the farm
is situated of establishing and maintaining authorized practices or uses
on the designated acreage as the Secretary determines to be necessary to
effectuate the purposes of the program, but not to exceed the average
rate for comparable practices or uses under the agricultural
conservation program, and (2) make an annual adjustment payment to the
producer for the period of the agreement at such rate or rates as the
Secretary determines to be fair and reasonable in consideration of the
obligations undertaken by the producers. The rate or rates of annual
adjustment payments as determined hereunder may be increased by an
amount determined by the Secretary to be appropriate in relation to the
benefit to the general public of the use of the designated acreage if
the producer further agrees to permit, without other compensation,
access to such acreage by the general public, during the agreement
period, for hunting, trapping, fishing, and hiking, subject to
applicable State and Federal regulations. The Secretary and the producer
may agree that the annual adjustment payments for all years of 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. The Secretary may provide for adjusting any payment on account
of failure to comply with the terms and conditions of the program.
(d) Advertising and bid procedures
The Secretary shall, unless he determines that such action will be
inconsistent with the effective administration of the program, use an
advertising and bid procedure in determining the lands in any area to be
covered by agreements. The total acreage placed under contract in any
county or local community shall be limited to a percentage of the total
eligible acreage in such county or local community which the Secretary
determines would not adversely affect the economy of the county or local
community. In determining such percentage the Secretary shall give
appropriate consideration to the productivity of the acreage being
retired as compared to the average productivity of eligible acreage in
the county or local community.
(e) Annual adjustment payment; limitation
The annual adjustment payment shall not exceed 40 per centum of the
estimated value, as determined by the Secretary, on the basis of prices
in effect at the time the agreement is entered into, of the crops or
types of crops which might otherwise be grown. The estimated value may
be established by the Secretary on a county, area, or individual farm
basis as he deems appropriate.
(f) Termination or modification of agreements
The Secretary may terminate any agreement with a producer by mutual
agreement with the producer if the Secretary determines that such
termination would be in the public interest, and may agree to such
modification of agreements as he may determine to be desirable to carry
out the purposes of the program or facilitate its administration.
(g) Allotment histories
Notwithstanding any other provision of law, the Secretary of
Agriculture may, to the extent he 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 in order to establish or maintain vegetative cover or other
approved practices 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.
(h) Utilization of local, county, and State committees
In carrying out the program, the Secretary shall utilize the
services of local, county, and State committees established under
section 590h of title 16.
(i) Transfer of funds
For the purpose of obtaining an increase in the permanent retirement
of cropland to noncrop uses the Secretary may, notwithstanding any other
provision of law, transfer funds available for carrying out the program
to any other Federal agency or to States or local government agencies
for use in acquiring cropland for the preservation of open spaces,
natural beauty, the development of wildlife or recreational facilities,
or the prevention of air or water pollution under terms and conditions
consistent with and at costs not greater than those under agreements
entered into with producers, provided the Secretary determines that the
purposes of the program will be accomplished by such action.
(j) Conservation of open spaces, natural beauty, and recreational
resources, and prevention of pollution
The Secretary also is authorized to share the cost with State and
local governmental agencies in the establishment of practices or uses
which will establish, protect, and conserve open spaces, natural beauty,
wildlife or recreational resources, or prevent air or water pollution
under terms and conditions and at costs consistent with those under
agreements entered into with producers, provided the Secretary
determines that the purposes of the program will be accomplished by such
action.
(k) Limitation on payments during any calendar year
In carrying out the program, the Secretary shall not during any of
the fiscal years ending June 30, 1966 through June 30, 1969 or during
the period June 30, 1969 through December 31, 1970, enter into
agreements with producers which would require payments to producers in
any calendar year under such agreements in excess of $225,000,000 plus
any amount by which agreements entered into in prior fiscal years
require payments in amounts less than authorized for such prior fiscal
years. For purposes of applying this limitation, the annual adjustment
payment shall be chargeable to the year in which performance is rendered
regardless of the year in which it is made.
(l) Use of facilities of Commodity Credit Corporation
The Secretary is authorized to utilize the facilities, services,
authorities, and funds of the Commodity Credit Corporation in
discharging his functions and responsibilities under this program,
including payment of costs of administration: Provided, That after
December 31, 1966, the Commodity Credit Corporation shall not make any
expenditures for carrying out the purposes of this subchapter unless the
Corporation has received funds to cover such expenditures from
appropriations made to carryout the purposes of this subchapter. There
are hereby authorized to be appropriated such sums as may be necessary
to carry out the program, including such amounts as may be required to
make payments to the Corporation for its actual costs incurred or to be
incurred under this program.
(m) Payment to successor upon death, incompetence, or disappearance of
producer entitled to payment
In case any producer who is entitled to any payment or compensation
dies, becomes incompetent, or disappears before receiving such payment
or compensation, or is succeeded by another who renders or completes the
required performance, the payment or compensation shall, without regard
to any other provisions of law, be made as the Secretary may determine
to be fair and reasonable in all the circumstances and so provide by
regulations.
(n) Sharing of compensation or payments with 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 or compensation under this
program.
(o) Effect of diversion on commodity programs
The acreage on any farm which is diverted from the production of any
commodity pursuant to an agreement hereafter entered into under this
subchapter shall be deemed to be acreage diverted from that commodity
for the purposes of any commodity program under which diversion is
required as a condition of eligibility for price support.
(p) Advisory Board on Wildlife; membership
The Secretary may, without regard to the civil service laws, appoint
an Advisory Board on Wildlife to advise and consult on matters relating
to his functions under this subchapter as he deems appropriate. The
Board shall consist of twelve persons chosen from members of wildlife
organizations, farm organizations, State game and fish agencies, and
representatives of the general public. Members of such Advisory Board
who are not regular full-time employees of the United States shall not
be entitled to any compensation or expenses.
(q) Regulations
The Secretary shall prescribe such regulations as he determines
necessary to carry out the provisions of this subchapter.
(Pub. L. 89-321, title VI, Sec. 602, Nov. 3, 1965, 79 Stat. 1206; Pub.
L. 90-210, Dec. 18, 1967, 81 Stat. 657; Pub. L. 90-559, Sec. 1(1), (7),
Oct. 11, 1968, 82 Stat. 996.)
References in Text
The civil service laws, referred to in subsec. (p), are set forth in
Title 5, Government Organization and Employees. See particularly,
section 3301 et seq. of Title 5.
Codification
The last sentence of section 602(g) of Pub. L. 89-321 repealed
section 590p(b)(3), (4), and (e)(6) of Title 16, Conservation, and was
omitted from subsec. (g) of this section.
Amendments
1968--Subsec. (a). Pub. L. 90-559, Sec. 1(1), provided for a one
year extension through 1970.
Subsec. (k). Pub. L. 90-559, Sec. 1(7), substituted ``June 30,
1969'' for ``June 30, 1968'' in two places and ``December 31, 1970'' for
``December 31, 1969''.
1967--Subsec. (a). Pub. L. 90-210 permitted a farm to be placed in
the cropland adjustment program without regard to the length of past
ownership if that farm was acquired in replacement of an eligible farm
which was taken by any Federal, State, or other agency by means of
eminent domain proceedings.
Termination of Advisory Boards
Advisory boards in existence on Jan. 5, 1973, to terminate not later
than the expiration of the 2-year period following Jan. 5, 1973, unless,
in the case of a board established by the President or an officer of the
Federal Government, such board is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a board
established by the Congress, its duration is otherwise provided by law.
See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,
776, set out in the Appendix to Title 5, Government Organization and
Employees.
