116 STAT. 246 PUBLIC LAW 107-171—MAY 13, 2002 "(B) at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred. " (b) FEDERAL PERCENTAGE OF COST SHARING PAYMENTS.— "(1) IN GENERAL. —In making cost sharing payments to an owner or operator under a contract entered into under this subchapter, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under each contract for which the Secretary determines that cost sharing is appropriate and in the public interest. "(2) LIMITATION.—The Secretary shall not make any pay- ment to an owner or operator under this subchapter to the extent that the total amount of cost sharing payments provided to the owner or operator from all sources would exceed 100 percent of the total cost of establishing measures and practices described in paragraph (1). " (3) HARDWOOD TREES, WINDBREAKS, SHELTERBELTS, AND WILDLIFE CORRIDORS. — " (A) APPLICABILITY. —Th is paragraph applies to— "(i) land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subchapter after November 28, 1990; and "(ii) land converted to such production under section 1235A. "(B) PAYMENTS. —In making cost share payments to an owner or operator of land described in subparagraph (A), the Secretary shall pay 50 percent of the reasonable and necessary costs, as determined by the Secretary, incurred by the owner or operator for maintaining trees or shrubs, including the cost of replanting (if the trees or shrubs were lost due to conditions beyond the control of the owner or operator), during not less than the 2- year, and not more than the 4-year, period beginning on the date of the planting of the trees or shrubs, as determined appropriate by the Secretary. " (4) HARDWOOD TREE PLANTING. —The Secretary may permit owners or operators that contract to devote at least 10 acres of land to the production of hardwood trees under this subchapter to extend the planting of the trees over a 3-year period if at least Vs of the trees are planted in each of the first 2 years. "(5) OTHER FEDERAL COST SHARE ASSISTANCE. —An owner or operator shall not be eligible to receive or retain cost share assistance under this subsection if the owner or operator receives any other Federal cost share assistance with respect to the land under any other provision of law. " (c) ANNUAL RENTAL PAYMENTS.— "(1) IN GENERAL.—In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland normally devoted to the production of an agricultural commodity to less intensive use, the Secretary may consider, among other things, the amount necessary to encourage owners or operators of highly erodible cropland to participate in the program established by this subchapter.
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