PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 239 "(E) enrollment of the land would facilitate a net savings in groundwater or surface water resources of the agricultural operation of the producer; "(5) the portion of land in a field not enrolled in the conservation reserve in a case in which more than 50 percent of the land in the field is enrolled as a buffer, if— "(A) the land is enrolled as part of the buffer; and "(B) the remainder of the field is— "(i) infeasible to farm; and "(ii) enrolled at regular rental rates. "(c) PLANTING STATUS OF CERTAIN LAND. —For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subchapter, land shall be considered to be planted to an agricultural commodity during a crop year if— "(1) during the crop year, the land was devoted to a conserving use; or "(2)(A) during the crop year or during any of the 2 years preceding the crop year, the land was enrolled in the water bank program; and "(B) the contract of the owner or operator of the cropland expired or will expire in calendar year 2000, 2001, or 2002. "(d) MAXIMUM ENROLLMENT.— The Secretary may maintain up to 39,200,000 acres in the conservation reserve at any 1 time during the 2002 through 2007 calendar years (including contracts extended by the Secretary pursuant to section 1437(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 16 U.S.C. 3831 note; Public Law 101-624)). "(e) DURATION OF CONTRACT.— "(1) IN GENERAL.— For the purpose of carrying out this subchapter, the Secretary shall enter into contracts of not less than 10, nor more than 15, years. "(2) CERTAIN LAND.— "(A) IN GENERAL.— In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subchapter after October 1, 1990, and land devoted to such uses under contracts modified under section 1235A, the owner or operator of the land may, within the limitations prescribed under this section, specify the duration of the contract. "(B) HARDWOOD TREES. — In the case of land that is devoted to hardwood trees under a contract entered into under this subchapter prior to October 1, 1990, the Secretary may extend the contract for a term of not to exceed 5 years, as agreed to by the owner or operator of such land and the Secretary. "(3) 1-YEAR EXTENSION.—In the case of a contract described in paragraph (1) the term of which expires during calendar year 2002, an owner or operator of land enrolled under the contract may extend the contract for 1 additional year. "(f) CONSERVATION PRIORITY AREAS. — "(1) DESIGNATION. —On application by the appropriate State agency, the Secretary shall designate watershed areas of the Chesapeake Bay Region (Pennsylvania, Maryland, and Virginia), the Great Lakes Region, the Long Island Sound Region, and other areas of special environmental sensitivity as conservation priority areas.
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