[DOCID: f:h33ih.txt]






107th CONGRESS
  1st Session
                                 H. R. 33

To amend the Agricultural Market Transition Act to authorize a program 
to encourage agricultural producers to rest and rehabilitate croplands 
   while enhancing soil and water conservation and wildlife habitat.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

 Mr. Bereuter introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To amend the Agricultural Market Transition Act to authorize a program 
to encourage agricultural producers to rest and rehabilitate croplands 
   while enhancing soil and water conservation and wildlife habitat.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. HABITAT ENHANCEMENT ROTATION OPTION.

    The Agricultural Market Transition Act is amended by inserting 
after section 118 (7 U.S.C. 7218) the following new section:

``SEC. 119. HABITAT ENHANCEMENT ROTATION OPTION.

    ``(a) Program Required; Purpose.--The Secretary of Agriculture 
shall establish a voluntary program, to be known as the `Habitat 
Enhancement Rotation Option', to encourage agricultural producers to 
rest and rehabilitate up to 25 percent of their contract acreage for 
the purpose of enhancing soil and water conservation and providing 
wildlife habitat.
    ``(b) Payment Rates and Program Agreements.--
            ``(1) Establishment of rates.--Under the Habitat 
        Enhancement Rotation Option, the Secretary shall establish the 
        annual payment rates that the Secretary will pay to producers 
        who enroll contract acreage into the program. The Secretary 
        shall base the payment rates for a county on the rental 
        payments and buffer bonuses used for comparable land in the 
        county enrolled under the environmental conservation acreage 
        reserve program.
            ``(2) Agreements.--Subject to the availability of funds to 
        carry out the Habitat Enhancement Rotation Option, the 
        Secretary shall offer to enter into agreements under the 
        program at the annual payment rates established under paragraph 
        (1).
            ``(3) Eligible producers.--A producer on a farm is eligible 
        to enroll contract acreage in the Habitat Enhancement Rotation 
        Option only if the producer--
                    ``(A) is an owner or producer who is a party to a 
                production flexibility contract for that farm; or
                    ``(B) after the expiration of such contract, meets 
                one of the eligibility categories described in 
                subsection (b) of section 111 and agrees to comply with 
                the conservation requirements and wetland protection 
                requirements referred to in paragraphs (1) and (2) of 
                subsection (a) of such section.
    ``(c) Duration; Early Termination.--
            ``(1) Duration; extension.--The term of an agreement under 
        the Habitat Enhancement Rotation Option shall be at least two 
        years, but may not exceed four years. An agreement may be 
        extended for an additional term by the further agreement of the 
        parties if the need for the program continues.
            ``(2) Termination.--In times of crop shortages, the 
        Secretary may terminate or suspend agreements under this 
        section (or authorize producers to terminate or suspend such 
        agreements) and permit the producers to return the withdrawn 
        acreage to crop production. The termination or suspension of an 
        agreement by the Secretary shall not change the obligations of 
        the Secretary with regard to payments required under the 
        agreement. The Secretary shall make any decision to terminate 
        or suspend agreements (or to authorize producers to terminate 
        or suspend such agreements) at such time in advance of planting 
        so as to permit the producers to secure crop insurance for the 
        crop to be planted.
    ``(d) Use of Cover Crops.--
            ``(1) Authorized cover crops.--A producer subject to an 
        agreement under this section shall plant the enrolled acreage 
        to a soil conservation and wildlife enhancing cover crop. The 
        cover crops authorized for enrolled acreage in a county shall 
        be determined by the Natural Resources Conservation Service 
        State Conservationist in consultation with the State Technical 
        Committee. The producer shall incorporate the cover crop into 
        the present rotation schedule for the farm, thus enhancing and 
        conserving the cropland.
            ``(2) Grazing.--The Secretary shall permit limited grazing 
        on the enrolled acreage, where such grazing is incidental to 
        the gleaning of crop residues on adjacent fields. The cover 
        crop may not be grazed during the five principal growing 
        months, as determined by the Secretary.
    ``(e) Supplemental Program.--The Habitat Enhancement Rotation 
Option is in addition to all other farm program authority of the 
Secretary. Payments received by producers under the agreements are in 
addition to any other payments they may be eligible to receive from the 
Secretary.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
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