Page:United States Statutes at Large Volume 116 Part 1.djvu/270

 116 STAT. 244 PUBLIC LAW 107-171—MAY 13, 2002 to modifications to the contract, in a case in which the modifications are consistent with the objectives of the program, as determined by the Secretary; "(7) not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that the Secretary may permit, consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during nesting seasons for birds in the area)— "(A) managed harvesting and grazing (including the managed harvesting of biomass), except that in permitting managed harvesting and grazing, the Secretary— "(i) shall, in coordination with the State technical committee— "(I) develop appropriate vegetation management requirements; and "(II) identify periods during which harvesting and grazing under this paragraph may be conducted; "(ii) may permit harvesting and grazing or other commercial use of the forage on the land that is subject to the contract in response to a drought or other emergency; and "(iii) shall, in the case of routine managed harvesting or grazing or harvesting or grazing conducted in response to a drought or other emergency, reduce the rental payment otherwise payable under the contract by an amount commensurate with the economic value of the activity; and "(B) the installation of wind turbines, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account— "(i) the location, size, and other physical characteristics of the land; "(ii) the extent to which the land contains wildlife and wildlife habitat; and "(iii) the purposes of the conservation reserve program under this subchapter; "(8) not to conduct any planting of trees on land that is subject to the contract unless the contract specifies that the harvesting and commercial sale of trees such as Christmas trees are prohibited, nor otherwise make commercial use of trees on land that is subject to the contract unless it is expressly permitted in the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that no contract shall prohibit activities consistent with customary forestry practice, such as pruning, thinning, or stand improvement of trees, on land converted to forestry use; "(9) not to adopt any practice specified by the Secretary in the contract as a practice that would tend to defeat the purposes of this subchapter; and "(10) to comply with such additional provisions as the Secretary determines are desirable and are included in the contract

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