12 2 STA T . 1 05 2 PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8‘ ‘ (C)inaSt at e t h ati mpos esama x im u m d u r ation f or easements , an easement for the maximum duration a l lo w ed under the law of that State . ‘‘( 3 ) LIM I TA TI ON . —O f the total amount of funds expended under the pro g ramtoa cq uire rental contracts and easements descri b ed in paragraph ( 2 ), the Secretar y shall use, to the extent practicable— ‘‘( A ) 40 percent for rental contacts
and ‘‘( B ) 6 0 percent for easements. ‘‘(4) E N R O L LM E NTO FC ON S ER V ATION RESERVE LAN D .— ‘‘(A) P RIORIT Y .— U pon expiration of a contract under subchapter B of chapter 1 of this subtitle, the Secretary shall gi v e priority for enrollment in the program to land previously enrolled in the conservation reserve program if— ‘‘(i) the land is eligible land, as defined in sub - section (c); and ‘‘(ii) the Secretary determines that the land is of high ecological value and under significant threat of conversion to uses other than gra z ing. ‘‘(B) M A X IM U M ENROLLMENT.— T he number of acres of land enrolled under the priority described in subparagraph (A) in a calendar year shall not exceed 10 percent of the total number of acres enrolled in the program in that calendar year. ‘‘(c) ELI G I B LE LAND D EFINED.— F or purposes of the program, the term ‘eligible land ’ means private or tribal land that— ‘‘(1) is grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use; ‘‘(2) is located in an area that has been historically domi- nated by grassland, forbs, or shrubland, and the land— ‘‘(A) could provide habitat for animal or plant popu- lations of significant ecological value if the land— ‘‘(i) is retained in its current use; or ‘‘(ii) is restored to a natural condition; ‘‘(B) contains historical or archaeological resources; or ‘‘(C) would address issues raised by State, regional, and national conservation priorities; or ‘‘(3) is incidental to land described in paragraph (1) or (2), if the incidental land is determined by the Secretary to be necessary for the efficient administration of a rental contract or easement under the program. ‘ ‘ SEC.1238O . DUTI ESO F O WN E R S A NDO P ERATORS. ‘‘(a) R ENTAL CONTRACTS.—To be eligible to enroll eligible land in the program under a rental contract, the owner or operator of the land shall agree— ‘‘(1) to comply with the terms of the contract and, when applicable, a restoration agreement; ‘‘(2) to suspend any existing cropland base and allotment history for the land under another program administered by the Secretary; and ‘‘(3) to implement a grazing management plan, as approved by the Secretary, which may be modified upon mutual agree- ment of the parties. 16USC38 38 o.
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