Page:United States Statutes at Large Volume 114 Part 1.djvu/461

 PUBLIC LAW 106-224 -JUNE 20, 2000 114 STAT. 425 (A) was unusable for agriculturgd production during the 2000 crop year as the result of flooding; (B) was used for agricultural production during at least one of the 1992 through 1999 crop years; (C) is a contiguous parcel of land of at least 1 acre; and (D) is located in a county in which producers were eligible for assistance under the 1998 Flood Compensation Program established under part 1439 of title 7, Code of Federal Regulations. (2) EXCLUSIONS. —The term "covered land" excludes any land for which a producer is insured, enrolled, or assisted during the 2000 crop year under— (A) a policy or plan of insuremce authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); (B) the noninsured crop assistance program operated under section 196 of the Agricultural Market Tremsition Act (7 U.S.C. 7333); (C) any crop disaster program established for the 2000 crop year; (D) the conservation reserve program established under subchapter B of chapter 1 of subtitle D of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); (E) the wetlands reserve program established under subchapter C of chapter 1 of subtitle D of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.); (F) any emergency watershed protection program or Federal easement program that prohibits crop production or grazing; or (G) any other Federal or State water storage program, as determined by the Secretary. (b) COMPENSATION.— The Secretary shall use not more than 7 USC i42inote. $24,000,000 of funds of the Commodity Credit Corporation to compensate producers with covered land described with respect to losses from long-term flooding. (c) PAYMENT RATE.— The pa3anent rate for compensation pro- 7 USC 1421 note, vided to a producer under this section shall equal the average county cash rental rate per acre established by the National Agricultural Statistics Service for the 2000 crop year. (d) PAYMENT LIMITATION.— The total amount of payments made 7 USC 1421 note. to a person (as defined in section 1001(5) of the Food Security Act (7 U.S.C. 1308(5))) under this section may not exceed $40,000. (e) CONFORMING AMENDMENT. —H.R. 3425 of the 106th Congress (as enacted into law by section 1000(a)(5) of Public Law 106-113 (113 Stat. 1535) and included as Appendix E of that Public Law (113 Stat. 1501A-289)) is amended in section 207 (113 Stat. 1501A-294) by inserting "or Lake" after "Harney". SEC. 258. FLOOD MITIGATION NEAR PIERRE, SOUTH DAKOTA- (a) REQUIREMENT.— Subject to subsection (b), as soon as practicable after the date of the enactment of this Act, with respect to land and property described in the Flood Mitigation Study and Project Implementation Plan for the Missouri River near Pierre, South Dakota, prepared by the Omaha District Corps of Engineers, dated August 12, 1999, the Secretary of the Army shall— (1) acquire the land and property from willing sellers; and

�