12 2 STA T . 1 04 2 PUBLIC LA W 110 – 2 3 4 —M A Y 22 , 200 8‘ ‘ (1)INGE NE RAL.—Exceptas p rovid edi n s ub section (c) , t h e f o l lo w in g land is eligible for enroll m ent in the program
‘‘( A ) P rivate agricultural land (including cropland, grassland, prairie land, improved pastureland, rangeland, and land used for agro - forestr y ). ‘‘( B ) Agricultural land under the j urisdiction of an Indian tribe. ‘‘( C ) F orested land that is an incidental part of an agricultural operation. ‘‘( D ) O ther private agricultural land (including cropped woodland, marshes, and agricultural land used for the production of livestoc k ) on which resource concerns related to agricultural production could be addressed by enrolling the land in the program, as determined by the S ecretary. ‘‘( 2 )S P E CI ALR U LE FO R NONIN D U ST RIAL PRI V ATE FOREST LAND.— N onindustrial private forest land is eligible for enroll- ment in the program, except that not more than 1 0 percent of the annual acres enrolled nationally in any fiscal year may be nonindustrial private forest land. ‘‘( 3 ) AGRICULTURAL OPERATION.—Eligible land shall include all acres of an agricultural operation of a producer, whether or not contiguous, that are under the effective control of the producer at the time the producer enters into a stewardship contract, and is operated by the producer with e q uipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary. ‘‘(c) E X CLUSIONS.— ‘‘(1) L AND ENROLLED IN OT H ER CONSERVATION PROGRA M S.— Subject to paragraph (2), the following land is not be eligible for enrollment in the program: ‘‘(A) Land enrolled in the conservation reserve program. ‘‘(B) Land enrolled in the wetlands reserve program. ‘‘(C) Land enrolled in the grassland reserve program. ‘‘(2) CONVERSION TO CROPLAND.—Land used for crop produc- tion after the date of enactment of the Food, Conservation, and Energy Act of 200 8 that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet the requirement because— ‘‘(A) the land had previously been enrolled in the con- servation reserve program
‘‘(B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or ‘‘(C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Sec- retary. ‘ ‘ SEC.1238F .S T E WARD S HIP C ON TRACTS. ‘‘(a) SU B MISSION OF CONTRACT OFFERS.— T o be eligible to participate in the conservation stewardship program, a producer shall submit to the Secretary for approval a contract offer that— ‘‘(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, is meeting 16USC38 38 f.
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