677 



3. Cropland Adjustment for Pollution Control 

 7 U.S.C. 1838 



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. 



(b) Terms of agreement; specifically desig- 



nated acreage; land use. 



(c) Federal costs; annual adjustment pay- 



ment. 



(d) Advertising and bid procedures. 



(e) Annual adjustment payment; limita- 



tion. 



(V) Termination or modification of agree- 

 ments. 



(g) Allotment histories. 



(h) Utilization of local, county, and State 

 conunlttees. 



(1) Transfer of funds. 



(J) Conservation of open spaces, natural 

 beauty, and recreational resources, 

 and prevention of pollution. 



(k) Limitation on payments during any cal- 

 endar year. 



(I) Use of facilities of Commodity Credit 

 Corporation. 



(m) Payment to successor upcn death, in- 

 competence, or disappearance of pro- 

 ducer entitled to payment. 



(n) Sharing of compensation or payments 

 with tenants and sharecroppers. 



(o) Effect of diversion on commodity pro- 

 grams. 



(p) Advisory Board on Wildlife; member- 

 ship. 



(q) Rules and regulations. 



§ 1838. Conversion of cropland into vegetative cover, 

 water storace, 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 nonagri- 

 cultural uses, promoting the development and con- 

 servation 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 iserlod 

 preceding the first year of the agreement period un- 

 less the new ownership was acquired by will or suc- 

 cession 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 regula- 

 tion, will give adequate assurance that such land was 

 not acquired for the purpose of placing it In the pro- 

 gram: Provided, That this provision shall not be con- 

 strued 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 pre- 

 ceding 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 pre- 

 vent 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 acre- 

 age; 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 (includ- 

 ing 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 called "designated 

 acreage", and maintain for the agreement period 

 practices or uses which will conserve soil, water, 

 or forest resources, or establish or protect or con- 

 serve open spaces, natural beauty, wildlife or recrea- 

 tional 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 desig- 

 nated 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 pro- 

 gram, including such measures as the Secretary 

 may deem appropriate to keep the designated acre- 

 age 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 'Bi 

 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 diver- 

 sion in 1966. 



(c) Federal costs; annual adjustment payment. 

 Under such agreements the Secretary shall (D 



bear such part of the average cost (including labor) 

 for the county or area in which the farm is situated 



