Page:United States Statutes at Large Volume 122.djvu/1056

 12 2 STA T . 1 03 3 PUBLIC LA W 110 – 23 4—M A Y 22, 200 8SEC.2108 . MAN A G E DH A YI NG , G R A Z ING, O RO T HER COMMERCIA LU SE O F FORAGE ON ENROLLED LAND AND INSTALLATION OF W IND TUR B INES. (a)GEN E RALP R OHIB I T ION E P TION S.—Section123 2(a) o f t h e F oo d Sec ur it yA ctof1 985 (1 6U .S. C . 3832(a)) i s a m ended b y stri k in gp aragraph (8) , as redesignated by section 21 07, and inserting the fo l lo w ing new paragraph
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‘(8) not to conduct any har v esting or gra z ing, nor otherwise make commercial use of the forage, on land that is sub j ect 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, e x cept that the Secretary may permit, consistent with the conservation of soil, water q uality, and wildlife habitat (including habitat during nesting seasons for birds in the area)— ‘‘(A) managed harvesting (including the managed har - vesting of biomass), except that in permitting managed harvesting, the Secretary, in coordination with the State technical committee— ‘‘(i) shall develop appropriate vegetation manage- ment requirements; and ‘‘(ii) shall identify periods during which managed harvesting may be conducted; ‘‘( B ) 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; ‘‘(C) routine grazing or prescribed grazing for the con- trol of invasive species, except that in permitting such routine grazing or prescribed grazing, the Secretary, in coordination with the State technical committee— ‘‘(i) shall develop appropriate vegetation manage- ment requirements and stocking rates for the land that are suitable for continued routine grazing; and ‘‘(ii) shall establish the frequency during which routine grazing may be conducted, taking into consider- ation regional differences such as— ‘‘( I ) climate, soil type, and natural resources; ‘‘(II) the number of years that should be required between routine grazing activities; and ‘‘(III) how often during a year in which routine grazing is permitted that routine grazing should be allowed to occur; and ‘‘( D ) 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 character- istics of the land; ‘‘(ii) the extent to which the land contains wildlife and wildlife habitat; and ‘‘(iii) the purposes of the conservation reserve pro- gram under this subchapter; ’ ’. (b) R ENTAL PA YM ENT RE DU CTION.—Section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is amended by adding at the end the following new subsection: ‘‘(d) RENTAL PAYMENT REDUCTION F OR CERTAIN AUTHORI Z ED USES OF ENROLLED L AND.—In the case of an authorized activity

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