Page:United States Statutes at Large Volume 122.djvu/1782

 12 2 STA T . 1 759PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (1)WETLAND AND R ELATED LAND .— ‘‘( A ) WETLAND S AND CO NSTR U CTED W ETLANDS.— Themaxi m u m s i z e of a nyl an d des cr i b ed in sub p ara g raph (A) or( B ) of subsec t ion (b)(1) that an o w ner or operator may enroll in the conser v ation reserve , pursuant to the program established under this section, shall be 40 contiguous acres. ‘‘(B) F LOODED F AR M LAND.—The maximum size of any land described in subparagraph ( D ) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 2 0 contiguous acres. ‘‘( C )CO V ERA G E.—All acres described in subparagraph (A) or (B), including acres that are ineligible for payment, shall be covered by the conservation contract. ‘‘(2) BUFFER ACREAGE.—The maximum size of any buffer acreage described in subsection (b)(2) that an owner or operator may enroll in the conservation reserve under this section shall be determined by the S ecretary in consultation with the State Technical Committee. ‘‘( 3 ) TRACTS.— E xcept for land described in subsection (b)(1)(C) and buffer acreage related to such land, the maximum size of any eligible acreage described in subsection (b)(1) in a tract of an owner or operator enrolled in the conservation reserve under this section shall be 40 acres. ‘‘(e) DUT I ES OF O WNERS AND O P ERATORS.—During the term of a contract entered into under the program established under this section, an owner or operator shall agree— ‘‘(1) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as deter - mined by the Secretary ‘‘(2) to establish vegetative cover (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species) on the eligible acreage, as determined by the Secretary; ‘‘(3) to a general prohibition of commercial use of the enrolled land; and ‘‘(4) to carry out other duties described in section 1232. ‘‘(f) DUTIES OF T H E SECRETAR Y .— ‘‘(1) I N GENERAL.—Except as provided in paragraphs (2) and (3), in return for a contract entered into under this section, the Secretary shall— ‘‘(A) ma k e payments to the owner or operator based on rental rates for cropland; and ‘‘(B) provide assistance to the owner or operator in accordance with sections 1233 and 1234. ‘‘(2) CONTRACT OFFERS AND PAYMENTS.—The Secretary shall use the method of determination described in section 1234(c)(2)(B) to determine the acceptability of contract offers and the amount of rental payments under this section. ‘‘(3) INCENTIVES.—The amounts payable to owners and operators in the form of rental payments under contracts entered into under this section shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under section 1234. ’ ’. (2) R EPEAL OF SUPERCEDED PROGRAM.—Section 1231 of the Food Security Act of 1 985 (1 6U .S.C. 3831) is amended— (A) by striking subsection (h); and

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