Page:United States Statutes at Large Volume 110 Part 1.djvu/1007

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PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 983 a conservation plan established under this subtitle. The person shall not be required to meet a higher conservation standard than the standard applied to other highly erodible cropland located within the same area. If the person's conservation plan requires structures to be constructed, the person shall". SEC. 313. GOOD FAITH EXEMPTION. (a) GRACE PERIOD TO RESUME CONSERVATION COMPLIANCE.— Section 1212(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3812(f)(1)) is amended— (1) by striking "Except to the extent provided in paragraph (2), no" and inserting "No"; and (2) by striking "such person has—" and all that follows through the period at the end of subparagraph (B) and inserting the following: "the person has acted in good faith and without an intent to violate this subtitle. A person who meets the requirements of this paragraph shall be allowed a reasonable period of time, as determined by the Secretary, but not to exceed 1 year, during which to implement the measures and practices necessary to be considered to be actively applying the person's conservation plan.". (b) SPECIAL PENALTIES REGARDING CERTAIN HIGHLY ERODIBLE CROPLAND. — Section 1212(f)(2) of the Food Security Act of 1985 (16 U.S.C. 3812(f)(2)) is amended by striking "meets the requirements of paragraph (1)" and inserting "with respect to highly erodible cropland that was not in production prior to December 23, 1985, and has acted in good faith and without an intent to violate the provisions". (c) CONFORMING AMENDMENT. —Section 1212(f)(4) of the Food Security Act of 1985 (16 U.S.C. 3812(f)(4)) is amended by striking the last sentence. SEC. 314. EXPEDITED PROCEDURES FOR GRANTING VARIANCES FROM CONSERVATION PLANS. Section 1212(f) of the Food Security Act of 1985 (16 U.S.C. 3812(f)(4)) is amended— (1) in paragraph (4)(C), by striking "problem" and inserting "problem, including weather, pest, and disease problems"; and (2) by adding at the end the following: " (5) EXPEDITED PROCEDURES FOR TEMPORARY VARIANCES. — After consultation with local conservation districts, the Secretary shall establish expedited procedures for the consideration and granting of temporary variances under paragraph (4)(C). If the request for a temporary variance under paragraph (4)(C) involves the use of practices or measures to address weather, pest, or disease problems, the Secretary shall make a decision on whether to grant the variance during the 30-day period beginning on the date of receipt of the request. If the Secretary fails to render a decision during the period, the temporary variance shall be considered granted.". SEC. 315. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION PLANS AND CONSERVATION SYSTEMS. (a) DEVELOPMENT AND IMPLEMENTATION.—The Food Security Act of 1985 is amended— (1) by redesignating section 1213 (16 U.S.C. 3813) as section 1214; and