Page:United States Statutes at Large Volume 104 Part 5.djvu/115

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3437 upland cotton for the crop year is equal to or greater than 8 million bales, the Secretary shall offer a paid land diversion program to producers of upland cotton. Payments to producers under such a program shall be determined by multiplying— "(I) the payment rate, of not less than 85 cents per pound of cotton, established by the Secretary; by "(11) the program payment jdeld established for the crop for the farm; by "(III) the number of permitted upland cotton acres diverted on the farm. "(B) BIDS FOR CONTRACTS.— The amounts payable to producers under land diversion contracts may be determined through the submission of bids for the contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted. "(C) LIMITATIONS ON DIVERTED ACREAGE.— " (i) MAXIMUM ACREAGE PER FARM, COUNTY, OR COMMUNITY. —The Secretary shall limit the total acreage to be diverted under this paragraph— "(I) to not more than 15 percent of the upland cotton crop acreage base for a farm; and "(II) under agreements in any county or local community so as not to affect adversely the economy of the county or local community, " (ii) LOWER PARTICIPATION LEVELS. —The Secretary may allow producers to participate in a land diversion program under this paragraph at a level lower than the maximum level announced by the Secretary, at the option of the producer, if the Secretary determines that it will increase participation in the program. '(6) CONSERVATION PRACTICES.— "(A) WiLDLIFE FOOD PLOTS OR HABITAT.— The reduced acreage and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of this subparagraph. "(B) PUBLIC ACCESS. —The Secretary may provide for an additional payment on the acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. '(7) PARTICIPATION AGREEMENTS. — "(A) IN GENERAL. —Producers on a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing

�