Summary and Evolution of U. S. Farm Bill Conservation Titles

Doug O’Brien Senior Staff Attorney

 

This outline compares the conservation titles of federal Farm Bills since 1985. The comparisons are made on a program by program basis and are designed to provide the evolution of the particular programs. Within each program, a summary sentence is provided for each provision explaining how that particular farm bill changed the program. Each summary includes a link to an expanded explanation for those interested in greater detail. The expanded sections also include information about how legislation other than a farm bill, usually an appropriations act, changed the legislative authority in the interim between farm bills.

The outline is also linked with other resources in the National Agricultural Law Center Web site, most significantly the texts of the farm bills themselves.

Unless otherwise noted, the citations are to the actual farm bill legislation, as opposed to the U.S. Code. To conserve space and make the outline more readable, the formal names and public law cites of the farm bills are generally omitted. For reference, they are provided here:

1985 Farm Bill – Food Security Act of 1985, Pub. L. No. 99-198, 99 Stat. 1354 (Dec. 23, 1985).

1990 Farm Bill – Food Agricultural Conservation and Trade Act of 1990, Pub. L. No. 101-624, 104 Stat. 3359 (Nov. 28, 1990).

1996 Farm Bill – Federal Agriculture Improvement and Reform Act of 1996, Pub. L. No. 104-127, 110 Stat. 888 (Apr. 4, 1996).

2002 Farm Bill – Farm Security and Rural Investment Act of 2002, Pub. L. No. 107-171, 116 Stat. 134 (May 13, 2002).

 

 

Index of Topics

Wetlands Conservation (a.k.a. Swampbuster)

Environmental Conservation Reserve Program

Conservation Reserve Program

Wetlands Reserve Program

Environmental Easement Program

Integrated Farm Management Program

Environmental Quality Incentives Program

Wildlife Habitat Incentives Program

Conservation of Private Grazing Land

Partnership and Cooperation

Privacy of Personal Information

Agricultural Management Assistance

Delivery of Technical Assistance

Miscellaneous Programs Not Created by a Bill

 

Highly Erodible Land Conservation (a.k.a. Sodbuster)

1985 Farm Bill,  § 1211 – Encourages farmers to use conservation practices on highly erodible land by refusing commodity program and other Farm Bill benefits to those who do not use conservation practices appropriate to the land.   Expanded discussion.

1990 Farm Bill, § 1411 – 1990 Farm Bill.  § 1411.   Extends the 1985 restrictions and expands coverage to set aside and diverted land, adds to the list of government programs for which a person may be ineligible, and allows for graduated reduction of benefits for persons who make good faith efforts to comply.   Expanded discussion.

1996 Farm Bill, §§ 301 to 317 – Provides that violations of the HEL requirements could disqualify a person from the direct (AMTA) payments and formalizes the development of the conservation plans.   Expanded discussion.

2002 Farm Bill, § 2002 – Changes the conservation compliance program to prohibit the Secretary from delegating compliance determinations to a private person.

Wetlands Conservation (a.k.a. Swampbuster)

1985 Farm Bill, § 1221 – Discourages persons from converting wetlands to agricultural purposes by making those who do ineligible for commodity program payments and other USDA programs.   Expanded discussion.

1990 Farm Bill, §§ 1422 to 24 – Tightens the definition of wetland, establishes the process for mapping wetlands, allows a person to convert wetlands to an agricultural use if the person mitigates the conversion by restoring separate agricultural land back to a wetland, and provides for a graduated reduction in program benefits for a violation if the violator acted in good faith.   Expanded discussion.

1996 Farm Bill, §§ 321 to 326 – Extends the program and states that the Secretary may not delegate compliance decisions to a private entity.   Expanded discussion.

2002 Farm Bill, § 2201 – Extends the program and states that the Secretary may not delegate compliance decisions to a private entity.

Environmental Conservation Reserve Program

1985 Farm Bill – not applicable.

1990 Farm Bill, § 1431 – Creates administrative umbrella program that includes both the Conservation Reserve Program and the Wetlands Reserve Program and provides that during 1986 to 1995, 40 to 45 million acres should be placed in ECARP.   Expanded discussion.

1996 Farm Bill, § 331 – Extends ECARP to 2002, includes the new Environmental Quality Incentives under its umbrella, and allows the Secretary to designate conservation priority areas.   Expanded discussion.

2002 Farm Bill, § 2006 – Replaced by Comprehensive Conservation Enhancement Program.  See below.

Conservation Reserve Program

1985 Farm Bill, § 1231 – Establishes program that requires Secretary to enter into contracts with owners of highly erodible and other environmentally sensitive land to take the land out of production and put land into a conservation reserve.    Expanded discussion.

1990 Farm Bill, §§ 1431 to 1438 – Expands the program to lands other than highly erodible lands, designates priority areas, provides for seasonal grazing, modifies the cost share provision, and modifies the Secretary’s ability to extend crop acreage basis.   Expanded discussion.

1996 Farm Bill, §332 – Extends CRP through 1996 Farm Bill, provides for maximum enrollment of 36.4 million acres, and allows for early termination of contracts..   Expanded discussion.

2002 Farm Bill, § 2101 – Extends CRP, provides for maximum enrollment of 39.2 million acres, changes the cropping history requirement for eligibility, and allows for other uses such as limited haying and grazing on CRP land.   Expanded discussion.

Farmland Protection Policy Act and Farmland Protection Program

1985 Farm Bill, § 1255 – Amends the 1981 Farmland Protection Policy Act by (1) requiring an annual report to the House and Senate Agricultural Committees on the Act’s implementation and (2) providing state governors the right to sue the federal government for violating that state’s farmland protection policy. Expanded discussion.

1990 Farm Bill, § 1465 – Creates a program to provide guarantees and low interest loans to State trust funds used in farmland preservation programs.   Expanded discussion.

1996 Farm Bill, § 388 – Creates a program that authorizes the purchase of conservation easements or other interests for the purpose of protecting topsoil by limiting nonagricultural uses of the land.   Expanded discussion.

2002 Farm Bill, § 2503 – Further defines eligible land, eligible entities, and limits the amount of cost sharing.   Expanded discussion.

Wetlands Reserve Program

1985 Farm Bill – Not applicable.

1990 Farm Bill, § 1438 – Establishes program requiring Secretary to acquire long-term easements in one million acres of wetlands by the end of the 1990 Farm Bill.   Expanded discussion.

1996 Farm Bill, § 333 – Limits the number of acres in WRP to 975,000 and designates a new type of legal arrangement (restoration cost-share agreements) that can be used in WRP besides easements.   Expanded discussion.

2002 Farm Bill, § 2201 – Increases the maximum enrollment to 2.275 million acres and removes the quotas under the different types of legal instruments.   Expanded discussion.

Agricultural Water Quality Protection Program

1985 Farm Bill.  Not applicable.

1990 Farm Bill, §§ 1439 – Creates program to enroll up to ten million acres during calendar years 1991-95 to improve water quality.   Expanded discussion.

1996 Farm Bill.  Repealed, § 336(h).

2002 Farm Bill.  Not applicable.

Environmental Easement Program

1985 Farm Bill.  Not applicable.

1990 Farm Bill, § 1440 – Creates a program that allows the Secretary to acquire permanent easements in certain environmentally sensitive lands.   Expanded discussion.

1996 Farm Bill.  Does not extend EEP.

2002 Farm Bill.  Not applicable.

State Technical Committees

1985 Farm Bill.  Not applicable.

1990 Farm Bill, §§ 1446 – Requires the Secretary to establish a committee in each state composed of federal and state conservation officials to assist the Secretary in technical matters concerning the conservation title of the farm bill.   Expanded discussion.

1996 Farm Bill, §§ 342 – Adds to the list of groups who should be represented on the State Technical Committees and requires that the public be notified of Committee activities.   Expanded discussion.

2002 Farm Bill.  Does not revise the State Technical Committees.

Integrated Farm Management Program

1985 Farm Bill.  Not applicable.

1990 Farm Bill, § 1451 – Establishes a voluntary program from 1991 to 1995 designed to help farmers adopt “integrated, multiyear, site-specific farm management plans by reducing farm program barriers to resource stewardship practices and systems.”  The program encourages farmers to engage in crop rotation without losing crop base.   Expanded discussion.

1996 Farm Bill.  Did not extend this program.  7 USC § 5822(d) (authorizing the program for only 1991 to 1995).

2002 Farm Bill.  Not applicable.

Watershed Protection and Flood Prevention Act

1985 Farm Bill.  Not applicable.

1990 Farm Bill, §§ 1461 – Amends a 1954 law that allowed the federal government to work with state and local governments to acquire floodplains by allowing for federal cost share of the acquisitions.   Expanded discussion.

1996 Farm Bill.  Not applicable.

2002 Farm Bill.  Not applicable.

Environmental Quality Incentives Program

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill, § 334 – Creates EQIP to consolidate and update a number of smaller conservation programs.   Expanded discussion.

2002 Farm Bill, § 2301 – Extends EQIP, makes changes such as lengthening the maximum contractual period to ten years and increasing the total payment limitation to $450,000, and creates new programs allowing for conservation innovation grants and special grants for the conservation of ground and surface water.   Expanded discussion.

Conservation Farm Option

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill, § 335 – Created a pilot program wherein farmers enrolled in the commodity programs could enter into long-term contracts with NRCS to address a myriad of conservation concerns.   Expanded discussion.

2002 Farm Bill.  Does not extend.

Wildlife Habitat Incentives Program

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill, § 387 – Creates a cost-share program to encourage landowners to develop upland wildlife, wetland wildlife, threatened and endangered species, fish, and other types of wildlife habitat.   Expanded discussion.

2002 Farm Bill, § 2502 – Extended the program and provided targeted funds of up to 15 percent of all WHIP funds to go to increased cost-share payments for contracts with terms of at least 15 years.   Expanded discussion.

National Natural Resources Conservation Foundation

1985 Farm Bill.  Not applicable.

1990 Farm Bill. Not applicable.

1996 Farm Bill, § 351 – Creates a nonprofit corporation for charitable, scientific, and educational purposes such as promoting innovative solutions to conservation problems on private lands.   Expanded discussion.

2002 Farm Bill.  Makes no change to NNRCF.

Conservation of Private Grazing Land

1985 Farm Bill.  Not applicable.

1990 Farm Bill. Not applicable.

1996 Farm Bill, § 386 – Creates a voluntary program to allow an organization of farmers or ranchers to form a grazing management district that will receive federal funds to promote sound grazing practices.   Expanded discussion.

2002 Farm Bill, § 2502 – Extends the program through 2007.

Conservation Security Program

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill.  Not applicable.

2002 Farm Bill, § 2001 – Creates a voluntary program that provides financial and technical assistance to promote the conservation and improvement of soil, water, air, energy, plant and animal life, and other conservation purposes on private working lands.   Expanded discussion.

Partnership and Cooperation

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill.  Not applicable.

2002 Farm Bill, § 2003 – Provides that the Secretary can enter into stewardship agreements with state and local agencies, Indian tribes, and nongovernmental organizations to designate and assist in funding special projects related to the conservation programs in the Farm Bill.   Expanded discussion.

Preference for Beginning Farmers and Ranchers, Indian Tribes, and Limited Resource Producers

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill.  Not applicable.

2002 Farm Bill, § 2004 – Provides that in implementing the conservation programs, the Secretary may provide beginning farmers and ranchers, Indian tribes, and limited resource farmers incentives to participate in the conservation program and foster new farming and ranching opportunities.

Privacy of Personal Information

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill.  Not applicable.

2002 Farm Bill, § 2004 – Prohibits the Secretary from releasing information gathered in the implementation of programs administered by the NRCS.   Expanded discussion.

Grassland Reserve Program

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill.  Not applicable.

2002 Farm Bill, § 2401 – Establishes a program to assist owners in restoring and conserving eligible grassland by allowing the Secretary to enter into rental agreements or receive easements from eligible owners.   Expanded discussion.

Agricultural Management Assistance

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill.  Not applicable.

2002 Farm Bill, § 2501 – Creates program to help producers in certain states construct conservation structures or engage in certain conservation or risk management practices.   Expanded discussion.

Resource Conservation and Development Programs

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill.  Not applicable.

2002 Farm Bill, § 2504 – Amends a program to encourage volunteers from the community and representatives from state and local government and nonprofit organizations to develop and implement area plans to conserve and improve the use of land in the area and to enhance the social, economic, and environmental conditions in the area.   Expanded discussion.

Delivery of Technical Assistance

1985 Farm Bill.  Not applicable.

1990 Farm Bill.  Not applicable.

1996 Farm Bill.  Not applicable.

2002 Farm Bill, § 2701 – Requires the Secretary to provide technical assistance related to the implementation of conservation programs to producers.   Expanded discussion.


 

Miscellaneous Programs Not Created by a Farm Bill

Soil and Water Conservation Assistance

Agricultural Risk Protection Act of 2000, P.L. 106-224 § 211(b) (June 20, 2000) – Requires Secretary to use $40 million of CCC funds to address threats to soil, water, and related resources, including grazing land, wetland and wildlife habitat.   Expanded discussion.