Page:United States Statutes at Large Volume 104 Part 5.djvu/71

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3393 graph by more than one-half of the announced acreage limitation percentage. "(E) PARTICIPATION AND PRODUCTION EFFECTS.— Notwithstanding any other provision of this paragraph, the Secretary shall, to the extent practicable, ensure that the program provided for in this paragraph does not have a significant effect on program participation or total production and shall be offered in such a manner that the Secretary determines will result in no additional budget outlays. The Secretary shall provide an analysis of the Secretary's determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. " (4) ADMINISTRATION. — " (A) PROTECTION FROM WEEDS AND EROSION.—The regula- Regulations. tions issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall assure protection of the acreage from weeds and wind and water erosion. "(B) ANNUAL OR PERENNIAL COVER. — "(i) IN GENERAL.— Except as provided in paragraph (2), a producer who participates in an acreage reduction program establish^ for a crop of wheat under this subsection shall be required to plant to an annual or perennial cover 50 percent (or more, at the option of the producer) of the acreage that is required to be removed from the production of wheat, but not to exceed 5 percent (or more, at the option of the producer) of the crop acreage base established for the crop. This requirement shall not apply with respect to arid areas (including summer fallow areas), as determined by the Secretary, "(ii) MULTIYEAR PROGRAM.— "(I) COST-SHARE ASSISTANCE. —If a producer elects to establish a perennial cover capable of improving water quality or wildlife habitat on the acreage, the Commodity Credit Corporation shall make available cost-share assistance for 25 percent of the approved cost of establishing the cover on not more than 50 percent of the acreage that is required to be diverted from production, but not to exceed 5 percent (or more, at the option of the producer) of the crop acreage base established for a crop. "(II) AGREEMENT OF PRODUCER.—I f a producer elects to establish a perennial cover on the acreage under this subparagraph and receives cost-share assistance from the Corporation with respect to the cover, the producer, under such terms and conditions as may be prescribed by the Secretary, taking into consideration guidelines established by the State technical committees established in subtitle G of title XII of the Food Security Act of 1985, shall agree to maintain the perennial cover for a minimum of 3 years, "(iii) CONSERVING CROPS. —The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the acreage to be

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