116 STAT. 238 PUBLIC LAW 107-171—MAY 13, 2002 "SEC. 1243. ADMINISTRATION OF CCEP.". Subtitle B—Conservation Reserve SEC. 2101. CONSERVATION RESERVE PROGRAM. (a) IN GENERAL. — Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) is amended to read as follows: "Subchapter B—Conservation Reserve 16 USC 3831. "SEC. 1231. CONSERVATION RESERVE. "(a) IN GENERAL.— Through the 2007 calendar year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land. "(b) ELIGIBLE LAND.—The Secretary may include in the program established under this subchapter— "(1) highly erodible cropland that— "(A)(i) if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or "(ii) cannot be farmed in accordance with a plan that complies with the requirements of subtitle B; and "(B) the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding the date of enactment of the Farm Security and Rural Investment Act of 2002 (except for land enrolled in the conservation reserve program as of that date). "(2) marginal pasture land converted to wetland or established as wildlife habitat prior to November 28, 1990; "(3) marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat); "(4) cropland that is otherwise ineligible if the Secretary determines that— "(A) if permitted to remain in agricultural production, the land would— "(i) contribute to the degradation of soil, water, or air quality; or "(ii) pose an on-site or off-site environmental threat to soil, water, or air quality; "(B) the land is a— "(i) newly-created, permanent grass sod waterway; or "(ii) a contour grass sod strip established and maintained as part of an approved conservation plan; "(C) the land will be devoted to newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, or filterstrips devoted to trees or shrubs; or "(D) the land poses an off-farm environmental threat, or a threat of continued degradation of productivity due to soil salinity, if permitted to remain in production; and
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