Page:United States Statutes at Large Volume 114 Part 2.djvu/891

 PUBLIC LAW 106-387 —APPENDIX 114 STAT. 1549A-77 "(iii) RELATIONSHIP TO OTHER ENROLLED ACRE- AGE.—Acreage enrolled under this subsection shall not affect for any fiscal year the quantity of— "(I) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or "(II) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965). " (D) OWNER OR OPERATOR LIMITATIONS. — "(i) WETLAND. —The maximum size of any wetland described in subparagraph (A)(i) of an owner or operator enrolled in the conservation reserve under this subsection shall be 5 contiguous acres. "(ii) BUFFER ACREAGE.— The maximum size of any buffer acreage described in subparagraph (A)(ii) of an owner or operator enrolled in the conservation reserve under this subsection shall be the greater of— "(I) three times the size of any wetland described in subparagraph (A)(i) to which the buffer acreage is contiguous; or "(II) 150 feet on either side of the wetland. " (iii) TRACTS.— The maximum size of any eligible acreage described in subparagraph (A) in a tract (as determined by the Secretary) of an owner or operator enrolled in the conservation reserve under this subsection shall be 40 acres. " (4) DUTIES OF OWNERS AND OPERATORS.—Under a contract entered into under this subsection, during the term of the contract, an owner or operator of a farm or ranch must agree— "(A) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary; "(B) to establish vegetative cover on the eligible acreage, as determined by the Secretary; and "(C) to carry out other duties described in section 1232. " (5) DUTIES OF THE SECRETARY. — "(A) IN GENERAL.— Except as provided in subparagraphs (B) and (C), in return for a contract entered into by an owner or operator under this subsection, the Secretary shall make payments and provide assistance to the owner or operator in accordance with sections 1233 and 1234. "(B) CONTINUOUS SIGNUP.— The Secretary shall use continuous signup under section 1234(c)(2)(B) to determine the acceptability of contract offers and the amount of rental payments under this subsection. "(C) INCENTIVES.— The amounts payable to owners and operators in the form of rental payments under contracts entered into under this subsection shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under section 1234.". SEC. 1103. INCIDENTAL GRAZING. Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3832(a)(7)(A)) is amended— (1) by striking "occurs during" and

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