12 2 STA T . 1 0 2 9PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8maint ain up t o32,0 00,000 a cres int h e conser v ation reserve at an y1 time .’ ’. SEC.2104 . D ES IGNAT I O NO F CONSE RV ATION P RIORIT Y AREAS. S ection 1231 (f) of the F oo d Security A ctof1 985 (1 6U .S. C . 3831(f)) is amended b y stri k in g‘ ‘the Chesapeake B ay R egion ( P ennsy l vania, M aryland, and V irginia)’’ and inserting ‘‘the Chesa - peake Bay Region’’. SEC. 210 5 . TREAT M ENTOFM UL TI - YEAR GRASSES AND LEGUMES. Subsection (g) of section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended to read as follo w s
‘‘(g) M ULTI - YEARG RA S SES A NDL E G U M ES. — ‘‘(1) I N GENERAL.—For purposes of this subchapter, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities. ‘‘(2) CR OP PING H ISTOR Y .—Alfalfa, when grown as part of a rotation practice, as determined by the Secretary, is an agri- cultural commodity sub j ect to the cropping history criteria under subsection (b)(1)(B) for the purpose of determining whether highly erodible cropland has been planted or consid- ered planted for 4 of the 6 years referred to in such subsection.’’. SEC. 210 6 . REVISED PILOT PROGRAM FOR ENROLLMENT OF W ETLAND AND B UFFER ACREAGE IN CONSERVATION RESERVE. (a) RE V ISED PROGRAM.— (1) IN GENERAL.— T itle X II of the Food Security Act of 1985 is amended by inserting after section 1231 (16 U.S.C. 3831) the following new section: ‘ ‘SEC. 12 3 1B. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE IN CONSERVATION RESERVE. ‘‘(a) PROGRAM RE Q UIRED.— ‘‘(1) IN GENERAL.— D uring the 2008 through 2012 fiscal years, the Secretary shall carry out a program in each State under which the Secretary shall enroll eligible acreage described in subsection (b). ‘‘(2) PARTI C IPATION AMONG STATES.—The Secretary shall ensure, to the ma x imum extent practicable, that owners and operators in each State have an e q uitable opportunity to partici- pate in the program established under this section. ‘‘(b) E LIGI B LE ACREAGE.— ‘‘(1) W ETLAND 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 1222(b)(1)(A)) that had a cropping his- tory 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) that was devoted to commercial pond-raised aqua- culture in any year during the period of calendar years 2002 through 200 7
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16USC38 31 b.
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