Page:United States Statutes at Large Volume 116 Part 1.djvu/268

 116 STAT. 242 PUBLIC LAW 107-171—MAY 13, 2002 owner or operator enrolled in the conservation reserve under this subsection shall be the greater of— "(I) 3 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. "(3) 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 shall 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 (which may include emerging vegetation in water) on the eligible acreage, as determined by the Secretary; and "(C) to carry out other duties described in section 1232. " (4) 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. "(i) ELIGIBILITY FOR CONSIDERATION. —On the expiration of a contract entered into under this subchapter, the land subject to the contract shall be eligible to be considered for reenrollment in the conservation reserve. "(j) BALANCE OF NATURAL RESOURCE PURPOSES.— In determining the acceptability of contract offers under this subchapter, the Secretary shall ensure, to the maximum extent practicable, an equitable balance among the conservation purposes of soil erosion, water quality, and wildlife habitat. «SEC. 1232. DUTIES OF OWNERS AND OPERATORS. 16 USC 3832. "(a) IN GENERAL. —Under the terms of a contract entered into under this subchapter, during the term of the contract, an owner or operator of a farm or ranch shall agree— "(1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting eligible land normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass, legumes.

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