12 2 STA T . 1 03 0 PUBLIC LA W 110 – 23 4—M A Y 22 , 200 8‘ ‘ (D)tha t , a f t erJ a nu ar y1 ,1 9 9 0 ,an db ef o re De c e m ber 3 1, 2 002, w a s— ‘‘( i ) cro p ped durin g at l east 3 of 10 crop years
and ‘‘(ii) sub j ect to the natural o v erflow of a prairie wetland . ‘‘(2) BUF F ERAC REA G E.— S ubject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that— ‘‘( A ) with respect to land described in subparagraph (A), (B), or ( C ) of paragraph (1)— ‘‘(i) is contiguous to such land ‘‘(ii) is used to protect such land; and ‘‘(iii) is of such width as the Secretary determines is necessary to protect such land, ta k ing into consider - ation and accommodating the farming practices (including the straightening of boundaries to accommo- date machinery) used with respect to the cropland that surrounds such land; and ‘‘(B) with respect to land described in subparagraph (D) of paragraph (1), enhances a wildlife benefit to the e x tent practicable in terms of upland to wetland ratios, as determined by the Secretary. ‘‘(c) P R O GRA MLI MI T ATIO NS .— ‘‘(1) ACREAGE L IMITATION.— T he Secretary may enroll in the conservation reserve, pursuant to the program established under this section, not more than— ‘‘(A) 100,000 acres in any State; and ‘‘(B) a total of 1,000,000 acres. ‘‘(2) R ELATIONS H I P TO MA X IMUM ENROLLMENT.—Subject to paragraph (3), any acreage enrolled in the conservation reserve under this section shall be considered acres maintained in the conservation reserve. ‘‘(3) RELATIONSHIP TO OTHER ENROLLE D ACREAGE.—Acreage enrolled in the conservation reserve under this section shall not affect for any fiscal year the q uantity of— ‘‘(A) acreage enrolled to establish conservation buffers as part of the program announced on M arch 2 4 , 199 8 ( 6 3 F ed. Reg. 14109); or ‘‘(B) acreage enrolled into the conservation reserve enhancement program announced on May 2 7 , 1998 (63 Fed. Reg. 2896 5 ). ‘‘(4) RE V IE W
- POTENTIAL INCREASE IN ENROLLMENT ACRE-
AGE.—The Secretary shall conduct a review of the program established under this section with respect to each State that has enrolled land in the conservation reserve pursuant to the program. As a result of the review, the Secretary may increase the number of acres that may be enrolled in a State under the program to not more than 200,000 acres, notwithstanding paragraph (1)(A). ‘‘(d) O WNER OR OPERATOR E NROLLMENT LIMITATIONS.— ‘‘(1) W ETLAND AND RELATED LAND.— ‘‘(A) WETLANDS AND CONSTRUCTED WETLANDS.—The maximum si z e of any land described in subparagraph (A) or (B) of subsection (b)(1) that an owner or operator may
�
