Page:United States Statutes at Large Volume 104 Part 5.djvu/258

 104 STAT. 3580 PUBLIC LAW 101-624—NOV. 28, 1990 "(11) with respect to any contract entered into after the date of enactment of this paragraph concerning highly erodible land in a county that has not reached the limitation established by section 1243(f)— "(A) not to produce an agricultural commodity for the duration of the contract on any other highly erodible land that such owner or operator has purchased aSter the date of enactment of this paragraph and that does not have a history of being used to produce an agricultural commodity other than forage crops; and "(B) on the violation of a contract described in subparagraph (A), to be subject to the sanctions described in paragraph (5).". (b) ENVIRONMENTAL USE; ALLEY-CROPPING; FORECLOSURE. — Section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is amended by striking subsection (c) and adding the following new subsections: ^o^'^stsand "(j.) ENVIRONMENTAL UsE. —To the extent practicable, not less Pla^nts^'^ "'^ than one-eighth of land that is placed in the conservation reserve under this subchapter during the 1991 through 1995 calendar years shall be devoted to trees, or devoted to shrubs or other noncrop vegetation or water that may provide a permanent habitat for wildlife including migratory waterfowl. "(d) ALLEY-CROPPING.— "(1) The Secretary may permit alley cropping of agricultured commodities on land that is subject to contracts entered into under this subchapter, if— "(A) such land is planted to hardwood trees; "(B) such agricultural commodities will be produced in conjunction with, and in close proximity to, such hardwood trees; and "(C) the owner or operator of such land agrees to implement appropriate conservation practices concerning such land. "(2) The Secretary shall develop a bid system by which owners and operators may offer to reduce their annual rental payments in exchange for permission to produce agricultural commodities on such land in accordemce with this subsection. The Secretary shall not accept offers under this paragraph that provide for less than a 50 percent reduction in such annual payments. "(3) The Secretary shall ensure that the total annual rental payments over the term of any contract modified under this subsection are not in excess of that specified in the original contract. "(4) For the purposes of this subsection, the term 'alley cropping' means the practice of planting rows of trees bordered on each side by a narrow strip of groundcover, alternated with wider strips of row crops or grgiin. "(e) FORECLOSURE.—Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subchapter may not be required to make repayments to the Secretary of amounts received under such contract if the land that is subject to such contract has been foreclosed upon and the Secretary determines that forgiving such repayments is appropriate in order to provide fair and equitable treatment. This subsection shall not void the responsibilities of such an owner or operator under the contract if such owner or operator resumes control over the property

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