678 



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 agricul- 

 tural 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 Sec- 

 retary determines to be fair and reasonable In con- 

 sideration 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 beneflt 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 desir- 

 able; Provided, That for each year any annual ad- 

 justment payment is made In advance of per- 

 formance, the annual adjustment payment shall be 

 reduced by 6 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) Advertlnlng and bid procfdiiri'ii, 



The Secrelai7 shall, unltss 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 com- 

 munity shall be limited to a percentage of the total 

 eligible acreage in such county or local community 

 which the Secretai-y dttermlnes would not adversely 

 affect the economy of the county or local community. 

 In determining such percentage the Secretaiy 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 adjiiittmenl 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 Sec- 

 retary 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 de- 

 termine to be deslrablQ to carry out the purposes 



of the program or facilitate its administration. 



(g) Allotment hlitorlei. 



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 allot- 

 ment history applicable to acreage diverted from 

 the production of crops in order to establish or 

 maintain vegetative cover or other approved prac- 

 tices for the purpose of any Federal program under 

 which such history is used as a basis for an allot- 

 ment 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 com- 

 mittees 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 use* 

 the Secretary may, notwithstanding any other pro- 

 vision 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 ac- 

 quiring cropland for the preservation of open spaces, 

 natural beauty, the development of wildlife or rec- 

 reational facilities, or the prevention of air or water 

 pollution under terms and conditions consistent with 

 and at costs not greater than those under agree- 

 ments entered into with producers, provided the 

 Secretary determines that the purposes of Che pro- 

 gram will be accomplished by such action, 



(J) Conservation of open spaces, natural beauty, and 

 recreational resources, and prevention of pollu- 

 tion. 

 The Secretary also is authorized to share the cost 

 with State and local governmental agencies in the 

 establishment of practices or uses which will es- 

 tablish, 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, 1069 or during the period June 

 30, 1969 through December 31, 1970, enter into agree- 

 ments with producers which would require payments 

 to producers in any calendar year under such agree- 

 ments in excess of $226,000,000 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 perform- 

 ance is rendered regardless of the year In which It is 

 made. 



(0 Use of facllltlei of Commodity Credit Corporation. 



The Secretary is authorized to utilize the facilities, 



services, authorities, and funds of the Commodity 



