Page:United States Statutes at Large Volume 110 Part 1.djvu/1045

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PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 1021 with prime, unique, or other productive soil that is subject to a pending offer from a State or local government for the purpose of protecting topsoil by limiting nonagricultural uses of the land. (b) CONSERVATION PLAN. —Any highly erodible cropland for which a conservation easement or other interest is purchased under this section shall be subject to the requirements of a conservation plan that requires, at the option of the Secretary, the conversion of the cropland to less intensive uses. (c) FUNDING.— The Secretary shall use not more than $35,000,000 of the funds of the Commodity Credit Corporation to carry out this section. SEC. 389. INTERIM MORATORIUM ON BYPASS FLOWS. National Forest (a) MORATORIUM.— T here shall be an 18-month moratorium water. on any Forest Service decision to require bypass flows or any 16 USC 526 note. other relinquishment of the unimpaired use of a decreed water right as a condition of renewal or reissuance of a land use authorization permit. (b) LIMITATIONS. —Subsection (a) shall not affect— (1) obligations or authority of the Secretary of Agriculture to protect public health and safety; and (2) obligations or authority under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or applicable State law. (c) RULES OF CONSTRUCTION. — (1) EXISTING NON-FEDERAL WATER RIGHTS. —Nothing in this section prevents or inhibits the exercise of the use and operation of existing non-Federal water rights on or above the National Forest land that require land use authorization permits from the Forest Service to access water supply facilities. (2) RENEWAL OR REISSUANCE OF EXPIRING LAND USE AUTHORIZATION FOR DECREED WATER RIGHTS.— Nothing in this section prevents or inhibits the renewal or reissuance of expiring land use authorizations for decreed water rights. The Forest Service may extend, as needed, any expiring land use authorization for such time as is necessary to incorporate the results of the study authorized by subsection (d). (d) STUDY OF WATER RIGHTS ACROSS FEDERAL LANDS.— (1) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this Act, there shall be established a Water Rights Task Force to study the subjects described in paragraph (3). (2) MEMBERSHIP. —The Task Force shall be composed of 7 members appointed as follows: (A) 1 member shall be appointed by the Secretary of Agriculture. (B) 2 members shall be appointed by the Speaker of the House of Representatives and 1 member shall be appointed by the Minority Leader of the House of Representatives. (C) 2 members shall be appointed by the Majority Leader of the Senate and 1 member shall be appointed by the Minority Leader of the Senate. (3) SUBJECTS TO BE STUDIED.— The Task Force shall study and make recommendations on— (A) whether Federal water rights should be acquired for environmental protection on National Forest land;