12 2 STA T . 1 795PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (i i )fromp ro duce r sa pp ly i ngth rough a partner as part of a regional agricultural w ater enhancement pro j ect
and ‘‘( B ) ensure that resources made a v aila b le for regional agricultural water enhancement activities are delivered in accordance with applicable program rules . ‘‘(f) AREASEXP ER I E NC IN G EXCEP T I O NA LD RO U G H T. —N otwith - standing the purposes described in section 1240, the S ecretary shall consider as an eligible agricultural water enhancement activity the use of a water impoundment to capture surface water runoff on agricultural land if the agricultural water enhancement activity— ‘‘(1) is located in an area that is e x periencing or has experi- enced exceptional drought conditions during the previous two calendar years; and ‘‘(2) will capture surface water runoff through the construc- tion, improvement, or maintenance of irrigation ponds or small, on-farm reservoirs. ‘‘(g) W AI V ER AUTHORIT Y .— T o assist in the implementation of agricultural water enhancement activities under the program, the Secretary shall waive the applicability of the limitation in section 1001D(b)(2)(B) of this Act for participating producers if the Sec- retary determines that the waiver is necessary to fulfill the objec- tives of the program. ‘‘(h) P AY M ENTS U N D ER PROGRAM.— ‘‘(1) I N GENERAL.—The Secretary shall provide appropriate payments to producers participating in agricultural water enhancement activities in an amount determined by the sec- retary to be necessary to achieve the purposes of the program described in subsection (b). ‘‘(2) PAYMENTS TO PRODUCERS IN STATES W ITH WATER Q UANTITY CONCERNS.—The Secretary shall provide payments for a period of five years to producers participating in agricul- tural water enhancement activities under proposals described in subsection (e)( 3 ) in an amount sufficient to encourage pro- ducers to convert from irrigated farming to dryland farming. ‘‘(i) C ONSISTENCY WITH STATE L AW.—Any agricultural water enhancement activity conducted under the program shall be con- ducted in a manner consistent with State water law. ‘‘(j) F UNDING.— ‘‘(1) AVAILA B ILITY O F FUNDS.—In addition to funds made available to carry out this chapter under section 1241(a), the Secretary shall carry out the program using, of the funds of the Commodity Credit Corporation— ‘‘(A) $7 3,000,000 for each of fiscal years 200 9 and 2010; ‘‘(B) $74,000,000 for fiscal year 2011; and ‘‘(C) $ 6 0,000,000 for fiscal year 2012 and each fiscal year thereafter. ‘‘(2) LIMITATION ON ADMINISTRATIVE EXPENSES.—None of the funds made available for regional agricultural water con- servation activities under the program may be used to pay for the administrative expenses of partners. ’ ’.
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