Page:United States Statutes at Large Volume 116 Part 1.djvu/266

 116 STAT. 240 PUBLIC LAW 107-171—MAY 13, 2002 "(2) ELIGIBLE WATERSHEDS.—Watersheds eligible for designation under this subsection shall include areas with actual and significant adverse water quality or habitat impacts related to agricultural production activities. "(3) EXPIRATION.— Conservation priority area designation under this subsection shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw a watershed's designation— "(A) on application by the appropriate State agency; or "(B) in the case of an area covered by this subsection, if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities. "(4) DUTY OF SECRETARY.— In carrying out this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in the watersheds described in paragraph (1) by promoting a significant level of enrollment of land within the watersheds in the program under this subchapter by whatever means the Secretary determines are appropriate and consistent with the purposes of this subchapter. "(g) MULTI-YEAR GRASSES AND LEGUMES. —For purposes of this subchapter, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities. " (h) PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE IN CONSERVATION RESERVE. — " (1) PROGRAM.— "(A) IN GENERAL.— During the 2002 through 2007 calendar years, the Secretary shall carry out a program in each State under which the Secretary shall include eligible acreage described in paragraph (2) in the program established under this subchapter. "(B) PARTICIPATION AMONG STATES.-The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the pilot program established under this subsection. " (2) ELIGIBLE ACREAGE.— " (A) IN GENERAL.— Subject to subparagraphs (B) through (D), an owner or operator may enroll in the conservation reserve under this subsection— "(i) a wetland (including a converted wetland described in section 1222(b)(1)(A)) that was cropped during at least 3 of the immediately preceding 10 crop years; and "(ii) buffer acreage that— "(I) is contiguous to the wetland described in claused); "(II) is used to protect the wetland; and "(III) is of such width as the Secretary determines is necessary to protect the wetland, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds the wetland.

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