§ 3831b. Pilot program for enrollment of wetland and buffer acreage in conservation reserve
(a)
Program required
(b)
Eligible acreage
(1)
Wetland and related land
Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, land—
(A)
that is wetland (including a converted wetland described in section
3822
(b)(1)(A) of this title) that had a cropping history during at least 3 of the immediately preceding 10 crop years;
(B)
on which a constructed wetland is to be developed that will receive flow from a row crop agriculture drainage system and is designed to provide nitrogen removal in addition to other wetland functions;
(c)
Program limitations
(1)
Acreage limitation
The Secretary may enroll in the conservation reserve, pursuant to the program established under this section, not more than—
(2)
Relationship to maximum enrollment
Subject to paragraph (3), any acreage enrolled in the conservation reserve under this section shall be considered acres maintained in the conservation reserve.
(3)
Relationship to other enrolled acreage
Acreage enrolled in the conservation reserve under this section shall not affect for any fiscal year the quantity of—
(4)
Review; potential increase in enrollment acreage
The Secretary shall conduct a review of the program established under this section with respect to each State that has enrolled land in the conservation reserve pursuant to the program. As a result of the review, the Secretary may increase the number of acres that may be enrolled in a State under the program to not more than 200,000 acres, notwithstanding paragraph (1)(A).
(d)
Owner or operator enrollment limitations
(1)
Wetland and related land
(A)
Wetlands and constructed wetlands
The maximum size of any land described in subparagraph (A) or (B) 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 40 contiguous acres.
(e)
Duties of owners and operators
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 determined by the Secretary;
(f)
Duties of the Secretary
(1)
In general
Except as provided in paragraphs (2) and (3), in return for a contract entered into under this section, the Secretary shall—
(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
3834 of this title.
[1] So in original. Probably should be followed by a semicolon.