H. R. 2419—108 
‘‘(D) that, after January 1, 1990, and before December 
31, 2002, was— 
‘‘(i) cropped during at least 3 of 10 crop years; 
and 
‘‘(ii) subject to the natural overflow of a prairie 
wetland. 
‘‘(2) BUFFER ACREAGE.—Subject 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, taking 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 
extent practicable in terms of upland to wetland ratios, 
as determined by the Secretary. 
‘‘(c) PROGRAM LIMITATIONS.— 
‘‘(1) ACREAGE LIMITATION.—The 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) RELATIONSHIP TO MAXIMUM 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 ENROLLED ACREAGE.—Acreage 
enrolled in the conservation reserve under this section shall 
not affect for any fiscal year the quantity of— 
‘‘(A) acreage enrolled to establish conservation buffers 
as part of the program announced on March 24, 1998 
(63 Fed. Reg. 14109); or 
‘‘(B) acreage enrolled into the conservation reserve 
enhancement program announced on May 27, 1998 (63 
Fed. Reg. 28965). 
‘‘(4) REVIEW; 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) OWNER OR OPERATOR ENROLLMENT LIMITATIONS.— 
‘‘(1) WETLAND AND RELATED LAND.— 
‘‘(A) WETLANDS
AND
CONSTRUCTED
WETLANDS.—The 
maximum size of any land described in subparagraph (A) 
or (B) of subsection (b)(1) that an owner or operator may
H. R. 2419—109 
enroll in the conservation reserve, pursuant to the program 
established under this section, shall be 40 contiguous acres. 
‘‘(B) FLOODED FARMLAND.—The maximum size of any 
land described in subparagraph (D) of subsection (b)(1) 
that an owner or operator may enroll in the conservation 
reserve, pursuant to the program established under this 
section, shall be 20 contiguous acres. 
‘‘(C) COVERAGE.—All acres described in subparagraph 
(A) or (B), including acres that are ineligible for payment, 
shall be covered by the conservation contract. 
‘‘(2) BUFFER ACREAGE.—The maximum size of any buffer 
acreage described in subsection (b)(2) that an owner or operator 
may enroll in the conservation reserve under this section shall 
be determined by the Secretary in consultation with the State 
Technical Committee. 
‘‘(3) TRACTS.—Except for land described in subsection 
(b)(1)(C) and buffer acreage related to such land, the maximum 
size of any eligible acreage described in subsection (b)(1) in 
a tract of an owner or operator enrolled in the conservation 
reserve under this section shall be 40 acres. 
‘‘(e) DUTIES
OF OWNERS
AND OPERATORS.—During the term 
of a contract entered into under the program established under 
this section, an owner or operator shall agree— 
‘‘(1) to restore the hydrology of the wetland within the 
eligible acreage to the maximum extent practicable, as deter-
mined by the Secretary; 
‘‘(2) to establish vegetative cover (which may include 
emerging vegetation in water and bottomland hardwoods, 
cypress, and other appropriate tree species) on the eligible 
acreage, as determined by the Secretary; 
‘‘(3) to a general prohibition of commercial use of the 
enrolled land; and 
‘‘(4) to carry out other duties described in section 1232. 
‘‘(f) DUTIES OF THE SECRETARY.— 
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), in return for a contract entered into under this section, 
the Secretary shall— 
‘‘(A) make payments to the owner or operator based 
on rental rates for cropland; and 
‘‘(B) provide assistance to the owner or operator in 
accordance with sections 1233 and 1234. 
‘‘(2) CONTRACT OFFERS AND PAYMENTS.—The Secretary shall 
use the method of determination described in section 
1234(c)(2)(B) to determine the acceptability of contract offers 
and the amount of rental payments under this section. 
‘‘(3) INCENTIVES.—The amounts payable to owners and 
operators in the form of rental payments under contracts 
entered into under this section shall reflect incentives that 
are provided to owners and operators to enroll filterstrips in 
the conservation reserve under section 1234.’’. 
(2) REPEAL OF SUPERCEDED PROGRAM.—Section 1231 of the 
Food Security Act of 1985 (16 U.S.C. 3831) is amended— 
(A) by striking subsection (h); and 
(B) by redesignating subsections (i) and (j) as sub-
sections (h) and (i), respectively.
H. R. 2419—110 
(b) CONFORMING CHANGES
TO EMERGENCY FORESTRY CON-
SERVATION RESERVE PROGRAM.—Subsection (k) of section 1231 of 
the Food Security Act of 1985 (16 U.S.C. 3831) is amended— 
(1) by striking ‘‘(k) EMERGENCY FORESTRY CONSERVATION 
RESERVE PROGRAM.—’’ and inserting the following: 
‘‘SEC. 1231A. EMERGENCY FORESTRY CONSERVATION RESERVE PRO-
GRAM.’’; 
(2) by striking ‘‘subsection’’ each place it appears (other 
than paragraph (3)(C)(ii)) and inserting ‘‘section’’; 
(3) by redesignating paragraphs (1), (2), and (3) as sub-
sections (a), (b), and (c), respectively; 
(4) in subsection (a), as so redesignated, by redesignating 
subparagraphs (A) and (B) as paragraphs (1) and (2), respec-
tively; and 
(5) in subsection (c), as so redesignated— 
(A) by redesignating subparagraphs (A) through (I) 
as paragraphs (1) through (9), respectively; 
(B) in paragraph (1), as so redesignated, by striking 
‘‘subparagraph (B)’’ and ‘‘subparagraph (G)’’ and inserting 
‘‘paragraph (2)’’ and ‘‘paragraph (7)’’, respectively; 
(C) in paragraph (3), as so redesignated— 
(i) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; and 
(ii) by striking ‘‘subsection (d)’’ and inserting ‘‘sec-
tion 1231(d)’’; 
(D) in paragraph (4), as so redesignated, by redesig-
nating clauses (i) and (ii) as subparagraphs (A) and (B), 
respectively; 
(E) in paragraph (5), as so redesignated— 
(i) by redesignating clauses (i) through (v) as sub-
paragraphs (A) through (E), respectively, and sub-
clauses (I) and (II) as clauses (i) and (ii), respectively; 
(ii) in subparagraph (B), as so redesignated, by 
striking ‘‘clause (i)(I)’’ and inserting ‘‘subparagraph 
(A)(i)’’; and 
(iii) in subparagraph (C), as so redesignated, by 
striking ‘‘clause (i)(II)’’ and inserting ‘‘subparagraph 
(A)(ii)’’; and 
(F) in paragraph (9), as so redesignated, by redesig-
nating clauses (i) through (iii) as subparagraphs (A) 
through (C), respectively, and subclauses (I) through (III) 
as clauses (i) through (iii), respectively. 
SEC. 2107. ADDITIONAL DUTY OF PARTICIPANTS UNDER CONSERVA-
TION RESERVE CONTRACTS. 
Section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 
3832(a)) is amended— 
(1) by redesignating paragraphs (5) through (10) as para-
graphs (6) through (11), respectively; and 
(2) by inserting after paragraph (4) the following new para-
graph: 
‘‘(5) to undertake management on the land as needed 
throughout the term of the contract to implement the conserva-
tion plan;’’.
H. R. 2419—111 
SEC. 2108. MANAGED HAYING, GRAZING, OR OTHER COMMERCIAL USE 
OF FORAGE ON ENROLLED LAND AND INSTALLATION OF 
WIND TURBINES. 
(a) GENERAL PROHIBITION; EXCEPTIONS.—Section 1232(a) of the 
Food Security Act of 1985 (16 U.S.C. 3832(a)) is amended by striking 
paragraph (8), as redesignated by section 2107, and inserting the 
following new paragraph: 
‘‘(8) not to conduct any harvesting or grazing, nor otherwise 
make commercial use of the forage, on land that is subject 
to the contract, nor adopt any similar practice specified in 
the contract by the Secretary as a practice that would tend 
to defeat the purposes of the contract, except that the Secretary 
may permit, consistent with the conservation of soil, water 
quality, and wildlife habitat (including habitat during nesting 
seasons for birds in the area)— 
‘‘(A) managed harvesting (including the managed har-
vesting of biomass), except that in permitting managed 
harvesting, the Secretary, in coordination with the State 
technical committee— 
‘‘(i) shall develop appropriate vegetation manage-
ment requirements; and 
‘‘(ii) shall identify periods during which managed 
harvesting may be conducted; 
‘‘(B) harvesting and grazing or other commercial use 
of the forage on the land that is subject to the contract 
in response to a drought or other emergency; 
‘‘(C) routine grazing or prescribed grazing for the con-
trol of invasive species, except that in permitting such 
routine grazing or prescribed grazing, the Secretary, in 
coordination with the State technical committee— 
‘‘(i) shall develop appropriate vegetation manage-
ment requirements and stocking rates for the land 
that are suitable for continued routine grazing; and 
‘‘(ii) shall establish the frequency during which 
routine grazing may be conducted, taking into consider-
ation regional differences such as— 
‘‘(I) climate, soil type, and natural resources; 
‘‘(II) the number of years that should be 
required between routine grazing activities; and 
‘‘(III) how often during a year in which routine 
grazing is permitted that routine grazing should 
be allowed to occur; and 
‘‘(D) the installation of wind turbines, except that in 
permitting the installation of wind turbines, the Secretary 
shall determine the number and location of wind turbines 
that may be installed, taking into account— 
‘‘(i) the location, size, and other physical character-
istics of the land; 
‘‘(ii) the extent to which the land contains wildlife 
and wildlife habitat; and 
‘‘(iii) the purposes of the conservation reserve pro-
gram under this subchapter;’’. 
(b) RENTAL PAYMENT REDUCTION.—Section 1232 of the Food 
Security Act of 1985 (16 U.S.C. 3832) is amended by adding at 
the end the following new subsection: 
‘‘(d) RENTAL PAYMENT REDUCTION FOR CERTAIN AUTHORIZED 
USES OF ENROLLED LAND.—In the case of an authorized activity