Page:United States Statutes at Large Volume 122.djvu/1057

 12 2 STA T . 1 034PUBLIC LA W 110 – 234 —M A Y 22, 200 8unders u b se ctio n (a) ( 8 )on l and t h at is sub j ect to a contract under this subcha p ter , the S ecretar y shall reduce the rental pay m ent other w ise payable under the contract by an amount commensurate with the economic v alue o f the authori z ed activity .’ ’. SEC.2109 . C O S T S HARINGP A YM ENTS RE L ATING TO TREES ,W IN DB REA K S, SHELTERBELTS, AND WILDLI F E COR - RIDORS. Section 1234 (b) of the F ood Security A ctof1 9 8 5 (1 6U .S. C . 3834(b)) is amended by stri k in g paragraph (3) and inserting the following new paragraph

‘(3) TRE E S , WINDB RE AK S,S H E LT ERBELTS, AND WILDLI F E CO R - RIDORS. — ‘‘(A) A P PLICABILIT Y .—This paragraph applies to— ‘‘(i) land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subchapter after N ovember 28, 199 0; ‘‘(ii) land converted to such production under sec- tion 1235A; and ‘‘(iii) land on which an owner or operator agrees to conduct thinning authorized by section 1232(a)(9), if the thinning is necessary to improve the condition of resources on the land. ‘‘( B ) P AY M ENTS.— ‘‘(i) PERCENTA G E.— I n making cost share payments to an owner or operator of land described in subpara- graph (A), the Secretary shall pay 50 percent of the reasonable and necessary costs incurred by the owner or operator for maintaining trees or shrubs, including the cost of replanting (if the trees or shrubs were lost due to conditions beyond the control of the owner or operator) or thinning. ‘‘(ii) DU RATION.—The Secretary shall make pay- ments as described in clause (i) for a period of not less than 2 years, but not more than 4 years, beginning on the date of— ‘‘(I) the planting of the trees or shrubs; or ‘‘(II) the thinning of e x isting stands to improve the condition of resources on the land.’’. SEC. 2110. E V AL U ATION AND ACCEPTANCE OF CONTRACT OFFERS, ANNUAL RENTAL PAYMENTS, AND PAYMENT LIMITA- TIONS. (a) EV ALUATION AND ACCEPTANCE OF CONTRACT O FFERS.—Sec- tion 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended by striking paragraph (3) and inserting the following new paragraph: ‘‘(3) ACCEPTANCE OF CONTRACT OFFERS.— ‘‘(A) EVALUATION OF OFFERS.—In determining the acceptability of contract offers, the Secretary may take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water q uality, or wildlife habitat or provide other environmental benefits. ‘‘(B) ESTABLISHMENT OF DIFFERENT CRITERIA IN VAR- IOUS STATES AND REGIONS.—The Secretary may establish

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