Page:United States Statutes at Large Volume 110 Part 1.djvu/1008

 110 STAT. 984 PUBLIC LAW 104-127—APR. 4, 1996 (2) by inserting after section 1212 (16 U.S.C. 3812) the following: 16 USC 3812a. "SEC. 1213. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION PLANS AND CONSERVATION SYSTEMS. "(a) TECHNICAL REQUIREMENTS.—In connection with the standards and guidelines contained in Natural Resources Conservation Service field office technical guides applicable to the development and use of conservation measures and management practices as part of a conservation system, the Secretary shall ensure that the standards and guidelines permit a person to use a conservation system that— "(1) is technically and economically feasible; "(2) is based on local resource conditions and available conservation technology; "(3) is cost-effective; and "(4) does not cause undue economic hardship on the person applying the conservation system under the person's conservation plan. "(b) MEASUREMENT OF EROSION REDUCTION.— For the purpose of determining whether there is a substantial reduction in soil erosion on a field containing highly erodible cropland, the measurement of erosion reduction achieved by the application of a conservation system under a person's conservation plan shall be based on the estimated annual level of erosion at the time of the measurement compared to the estimated annual level of erosion that existed before the implementation of the conservation measures and management practices provided for in the conservation system. "(c) RESIDUE MEASUREMENT. — "(1) RESPONSIBILITIES OF THE SECRETARY.— For the purpose of measuring the level of residue on a field, the Secretary shall— "(A) take into account any residue incorporated into the top 2 inches of soil, as well as the growing crop, in the measurement; "(B) provide technical guidelines for acceptable residue measurement methods; "(C) provide a certification system for third parties to perform residue measurements; and "(D) provide for the acceptance and use of information and data voluntarily provided by the producer regarding the field. "(2) ACCEPTANCE OF PRODUCER MEASUREMENTS.— Annual residue measurements supplied by a producer (including measurements performed by a certified third party) shall be used by the Secretary if the Secretary determines that the measurements indicate that the residue level for the field meets the level required under the conservation plan. "(d) CERTIFICATION OF COMPLIANCE.— "(1) IN GENERAL.— For the purpose of determining the eligibility of a person for program benefits specified in section 1211 at the time application is made for the benefits, the Secretary shall permit the person to certify that the person is complying with the person's conservation plan. "(2) STATUS REVIEWS. —If a person makes a certification under paragraph (1), the Secretary shall not be required to carry out a review of the status of compliance of the person

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