I hadn't been following this. At gristmill a story on the "sodsaver" provision: "The House and Senate versions of the farm bill both contained this new provision, which would have prohibited crop insurance and non-insured disaster payments for production losses to producers in any state who plowed up native grasslands in order to plant crops. This would have also prevented these farmers from receiving regular disaster payments, because farmers must first have crop insurance in order to be eligible for disaster payments."
Apparently the conference committee is restricting it to the desert pothole area (i.e., the area of small lakes/marshes left behind when the glaciers retreated that are great for ducks, etc.) and making it optional by the governor. That's much to the regret of conservationists. What concerns a former bureaucrat is the possibility the law will mix apples and oranges. Mostly in the past, eligibility provisions have been either/or, land or person. A person who violated the sod/swampbuster provisions would be ineligible for all payments everywhere. Or, if the program provisions on a farm were violated, there might be no payments for that farm. But this sounds as if it might be a mixture--someone plows grassland in ND and in SD, for example. ND says okay, but SD says no. Result--person is ineligible on all his land in SD but not in ND. Very difficult to control, unless the IT systems FSA uses have gotten considerably more sophisticated.
It's also interesting--under sodbuster NRCS would have to have an approved plan for the farm to make the producer eligible. Sounds to me as if this "sodsaver" provision is a tacit admission that NRCS was unable/unwilling to administer the "sodbuster" provisions as originally intended. No real surprise--NRCS as a bureaucracy did not have the culture of policing regulations.
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