LIMITATION ON OBLIGATIONS INCURRED

SEC. 16. (a) The obligations incurred for the purpose of carryin out for any calendar year, the provisions of sections 7 to 14, inclusiv of this Act shall not exceed $500,000,000. (16 U.S.C. 590p(a).)

GREAT PLAINS CONSERVATION PROGRAM

(b) Notwithstanding any other provision of law

(1) 22 the Secretary is authorized, within the amounts of suc appropriations as may be provided therefor, to enter into con tracts of not to exceed ten years with owners and operators o land in the Great Plains area having such control as the Secre tary determines to be needed of the farms, ranches, or other land covered thereby; but such contracts shall be entered into wit respect to lands, other than farms or ranches, only where erosio is so serious as to make such contracts necessary for the pro tection of farm or ranch lands. Such contracts shall be designe to assist farm, ranch, or other land owners or operators to mak in orderly progression over a period of years, changes in the cropping systems or land uses which are needed to conserv develop, protect, and utilize the soil and water resources of the farms, ranches, and other lands to install the soil and wate conservation measures and carry out the practices needed unde such changed systems and uses. Such contracts may be entere into during the period ending not later than December 31, 198 with respect to farms, ranches, and other lands in counties i the Great Plains area of the States of Colorado, Kansas, Mor tana, Nebraska, New Mexico, North Dakota, Oklahoma, Sout

Subsection (1), (2), and (7) were amended by P.L. 91-118. 83 Stat. 194. a proved November 18, 1969.

owner thereof: Provided further, That upon any change in the ownership of the land with respect to which such adverse finding was filed, the eligibility of such land for such financial or technical assistance shall be redetermined in accordance with the provisions of this section. (16 U.S.C. 590pA.)

SCOPE OF ACT; DEFINITION OF STATE

SEC. 17. (a) This Act shall apply to the States, the Commonwealth of Puerto Rico, and the Virgin Islands, and, as used in this Act, the term "State" includes Puerto Rico and the Virgin Islands. (16 U.S.C. 590q (a).)

(b) This Act may be cited as the "Soil Conservation and Domestic Allotment Act." (16 U.S.C. 590q(b).)

[FOOD AND AGRICULTURE ACT OF 1977

CRITICAL LANDS RESOURCE CONSERVATION PROGRAM

SEC. 1511.1 Notwithstanding any other provision of law— (a) 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 16(b) of the Soil Conservation and Domestic Allotment Act (49 Stat. 1151, as amended; 16 U.S.C. 590p(b)) 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) 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) 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 priods thereafter subject to the mutual agreement of the owner or oprator 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 Secre

'P.L. 95-113, 91 Stat. 1022, Sept. 29, 1977.

tary, 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) 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) 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) 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) In carrying out the program, the Secretary shall utilize the services of local, county, and State committees established under section 8 of the Soil Conservation and Domestic Allotment Act (49 Stat. 1149, as amended; 16 U.S.C. 590h) and the technical services of the Soil Conservation Service and soil and water conservation districts. (g) 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) 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) The Secretary shall prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section.

(1) There are hereby 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. (16 U.S.C. 590q-3.)]

FOOD AND AGRICULTURE ACT OF 1965

TITLE VI. CROPLAND ADJUSTMENT1

SEC. 601. [This section repealed the Soil Bank Act, except that it remained in effect for contracts entered into prior to such repeal. The Soil Bank Act was approved May 28, 1956, 70 Stat. 188, as Title I of the Agricultural Act of 1956. The complete text of the Soil Bank Act may be found at 7 U.S.C. 1801 thru 7 U.S.C. 1837 inclusive, and is also published in Agriculture Handbook No. 327, dated January 1, 1967, on page 33.]

SEC. 602. (a) 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.3

1 Pub. L. 89-321, 79 Stat. 1206, approved November 3, 1965.

The final year of the period was extended from 1969 to 1970 by Pub. L. 90-559, 82 Stat. 996, approved October 11, 1968.

The last sentence of subsection (a) was added by Pub. L. 90-210, 81 Stat. 657, approved December 18, 1967.

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