Page:United States Statutes at Large Volume 104 Part 5.djvu/92

 104 STAT. 3414 PUBLIC LAW 101-624—NOV. 28, 1990 Cooperative agreements. cotton, rice, or oilseeds in at least 3 of the immediately preceding 5 years. The land shall be considered to be devoted to conservation uses for the period that the land remains in water storage uses, but not to exceed 5 years subsequent to its conversion to water storage uses. "(ii) LIMITATIONS.— Land converted to water storage uses for the purposes of this subparagraph may not be devoted to any commercial use, including commercial fish production. The water stored on the land may not be ground water. The farm on which the land is located must have been irrigated with ground water during at least 1 of the preceding 5 crop years. "(E) SUMMER FALLOW. — In determining the quantity of land to be devoted to conservation uses under an acresige limitation program with respect to land that has been farmed under summer fallow practices, as defined by the Secretary, the Secretary shall consider the effects of soil erosion and such other factors as the Secretary considers appropriate. " (5) LAND DIVERSION PAYMENTS. — "(A) IN GENERAL.— The Secretary may make land diversion pa3mients to producers of feed grains, whether or not an acreage limitation program for feed grains is in effect, if the Secretary determines that the land diversion payments are necessary to assist in adjusting the total national acreage of feed grains to desirable goals. The land diversion pa5ntnents shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with the producers. "(B) AMOUNTS.— 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) LIMITATION ON DIVERTED ACREAGE. —The Secretary shall limit the total acreage to be diverted under sigreements in any county or local community so as not to ^fect adversely the economy of the county or local community. "(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) SOIL AND WATER CONSERVATION PRACTICES. — The Secretary may also pay an appropriate share of the cost of approved soil and water conservation practices (including practices that may be effective for a number of years)

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