Page:United States Statutes at Large Volume 104 Part 5.djvu/268

 104 STAT. 3590 PUBLIC LAW 101-624—NOV. 28, 1990 SEC. 1439. AGRICULTURAL WATER QUALITY INCENTIVES. Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) (as amended by section 1438) is further amended by adding after section 1237F the following new chapter: "CHAPTER 2—AGRICULTURAL WATER QUALITY INCENTIVES 16 USC 3838. "SEC. 1238. POLICY. "The policy of Congress is that water quality protection, including source reduction of agricultural pollutants, henceforth shall be an important goal of the programs and policies of the Department of Agriculture. Furthermore, agricultural producers in environmentally sensitive areas should request assistance to develop and implement on-farm water quality protection plans in order to assist in compliance with State and Federal environmental laws and to enhance the environment. 16 USC 3838a. "SEC. 1238A. DEFINITIONS. "As used in this chapter— "(1) AGRICULTURAL WATER QUALITY PROTECTION PRACTICE.— The term 'sigricultural water queility protection practice' means a farm-level practice or a system of practices designed to protect water quality by mitigating or reducing the release of agricultural pollutants, including nutrients, pesticides, animal waste, sediment, salts, biological contaminants, and other materials, into the environment. "(2) SOURCE REDUCTION. — The term 'source reduction' means minimizing the generation, emission, or discharge of agricultural pollutants or wastes through the modification of agricultural production systems and practices. 16 USC 3838b. "SEC. 1238B. AGRICULTURAL WATER QUALITY PROTECTION PROGRAM. "(a) INCENTIVES.— "(1) IN GENERAL.— During the 1991 through 1995 calendar years, the Secretary shall formulate and carry out a voluntary incentive program, in accordance with this chapter, through agreements to assist owners and operators of a farm in developing and implementing a water quality protection plan pursuant to this section. "(2) AGREEMENTS.—The Secretary shall enter into agreements of 3 to 5 years upon the request of owners and operators of farms in eligible areas but shall not enter into any such agreements after December 31, 1995. "(3) DUTIES OF OWNERS AND OPERATORS.— In order to receive annual incentive pa3mients, an owner or operator of a farm must agree— "(A) to implement a water quality protection plan approved by the Secretary subject to the agreement established under this chapter; "(B) not to conduct any practices on the farm that would tend to defeat the purposes of this chapter; "(C) to comply with such additional provisions as the Secretary determines are desirable and are included in the agreement to carry out the water quality protection plan or to facilitate the practical administration of the program;

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