Page:United States Statutes at Large Volume 116 Part 1.djvu/273

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 247 " (2) METHOD OF DETERMINATION.—The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subchapter may be determined through— "(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or "(B) such other means as the Secretary determines are appropriate. "(3) ACCEPTANCE OF CONTRACT OFFERS. —In determining the acceptability of contract offers, the Secretary may— "(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and "(B) establish different criteria in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated. "(4) HARDWOOD TREE ACREAGE.—In the case of acreage enrolled in the conservation reserve established under this subchapter that is to be devoted to hardwood trees, the Secretary may consider bids for contracts under this subsection on a continuous basis. " (d) CASH OR IN-KIND PAYMENTS.— "(1) IN GENERAL.— Except as otherwise provided in this section, payments under this subchapter— "(A) shall be made in cash or in commodities in such amount and on such time schedule as is agreed on and specified in the contract; and "(B) may be made in advance of determination of performance. "(2) METHOD OF PROVIDING IN-KIND PAYMENTS. — If the pay- ment to an owner or operator is made with in-kind commodities, the payment shall be made by the Commodity Credit Corporation— "(A) by delivery of the commodity involved to the owner or operator at a warehouse or other similar facility located in the county in which the highly erodible cropland is located or at such other location as is agreed to by the Secretary and the owner or operator; "(B) by the transfer of negotiable warehouse receipts; or "(C) by such other method, including the sale of the commodity in commercial markets, as is determined by the Secretary to be appropriate to enable the owner or operator to receive efficient and expeditious possession of the commodity. "(3) CASH PAYMENTS. — "(A) COMMODITY CREDIT CORPORATION STOCKS. — If stocks of a commodity acquired by the Commodity Credit Corporation are not readily available to make full payment in kind to the owner or operator, the Secretary may substitute full or partial payment in cash for payment in kind. "(B) SPECIAL CONSERVATION RESERVE ENHANCEMENT PROGRAM. —Payments to an owner or operator under a

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