Page:United States Statutes at Large Volume 122.djvu/1069

 12 2 STA T . 1 046PUBLIC LA W 110 – 2 3 4 —M A Y 22, 200 8‘ ‘ (d)ACREAG E EN R OL L M EN TLI MITATION .—Duringthep eri o d b eginning on Oc tober 1,20 0 8, a nd ending on S epte m ber 3 0, 201 7, the Secretar ys ha l l,tothema x imum extent practicable— ‘‘(1) enroll in the program an additional 12,7 69 ,000 acres f or each fiscal year and ‘‘(2) manage the program to achie v e a national average rate of $ 18 per acre, w hich shall include the costs of all financial assistance, technical assistance, and any other expenses associ - ated with enrollment or participation in the program. ‘‘(e) C ON S ER V ATION STE W AR D S H I PP A Y MENTS.— ‘‘(1) AVAILA B ILITY O F PAYMENTS.— T he Secretary shall pro- vide a payment under the program to compensate the producer for— ‘‘(A) installing and adopting additional conservation activities; and ‘‘( B ) improving, maintaining, and managing conserva- tion activities in place at the operation of the producer at the time the contract offer is accepted by the Secretary. ‘‘(2) PAYMENT AMO U NT.—The amount of the conservation stewardship payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors

‘‘(A) Costs incurred by the producer associated with planning, design, materials, installation, labor, manage- ment, maintenance, or training. ‘‘(B) I ncome forgone by the producer. ‘‘(C) Expected environmental benefits as determined by conservation measurement tools. ‘‘(3) E X CLUSIONS.—A payment to a producer under this subsection shall not be provided for— ‘‘(A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or ‘‘(B) conservation activities for which there is no cost incurred or income forgone to the producer. ‘‘( 4 ) TIMING OF PAYMENTS.— ‘‘(A) IN GENERAL.—The Secretary shall ma k e payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year. ‘‘(B) ADDITIONAL ACTIVITIES.—The Secretary shall make payments to compensate producers for installation of additional practices at the time at which the practices are installed and adopted. ‘‘(f) SUPPLEMENTAL PAYMENTS FOR R ESOURCE-CONSERVING CROP ROTATIONS.— ‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary shall pro- vide additional payments to producers that, in participating in the program, agree to adopt resource-conserving crop rota- tions to achieve beneficial crop rotations as appropriate for the land of the producers. ‘‘(2) BENEFICIAL CROP ROTATIONS.—The Secretary shall determine whether a resource-conserving crop rotation is a beneficial crop rotation eligible for additional payments under paragraph (1), based on whether the resource-conserving crop rotation is designed to provide natural resource conservation and production benefits. Timep e r i od.

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