Page:United States Statutes at Large Volume 114 Part 2.djvu/890

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114 STAT. 1549A-76 PUBLIC LAW 106-387—APPENDIX "(h) PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE IN CONSERVATION RESERVE. — " (1) IN GENERAL.—During the 2001 and 2002 calendar years, the Secretary shall carry out a pilot program in the States of Iowa, Minnesota, Montana, Nebraska, North Dakota, and South Dakota under which the Secretary shall include eligible acreage described in paragraph (3) in the program established under this subchapter. "(2) PARTICIPATION AMONG STATES. —The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each of the States referred to in paragraph (1) have an equitable opportunity to participate in the pilot program established under this subsection. " (3) ELIGIBLE ACREAGE.— "(A) IN GENERAL.— Subject to subparagraphs (B) through (D), an owner or operator may enroll in the conservation reserve under this subsection— "(i) a wetland (including a converted wetland described in section 1222(b)(1)(A)) that was cropped during at least three of the immediately preceding 10 crop years; and "(ii) buffer acreage that— "(I) is contiguous to the wetland described in clause (i); "(II) is used to protect the wetland; and "(III) is of such width as the Secretary determines is necessary to protect the wetland, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds the wetland. "(B) EXCLUSIONS.— An owner or operator may not enroll in the conservation reserve under this subsection— "(i) any wetland, or land on a floodplain, that is, or is adjacent to, a perennial riverine system wetland identified on the final national wetland inventory map of the Secretary of the Interior; or "(ii) in the case of an area that is not covered by the final national inventory map, any wetland, or land on a floodplain, that is adjacent to a perennial stream identified on a 1-24,000 scale map of the United States Geological Survey. " (C) PROGRAM LIMITATIONS. — "(i) IN GENERAL.— The Secretary may enroll in the conservation reserve under this subsection— "(I) not more than 500,000 acres in all States referred to in paragraph (1); and "(II) not more than 150,000 acres in any one State referred to in paragraph (1). " (ii) RELATIONSHIP TO PROGRAM MAXIMUM. —Subject to clause (iii), for the purposes of subsection (d), any acreage enrolled in the conservation reserve under this subsection shall be considered acres maintained in the conservation reserve.