12 2 STA T . 1 758PUBLIC LA W 11 0– 2 46—J U NE 18 , 2008 sy s temandi s desi g ned t opr o v ide nitrogen remova l in addition to ot h er w etland fu n c tions
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‘ (C) that was devoted to commercial pond - raised a q ua- culture in any year during the period of calendar years 20 02 through 200 7
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‘‘( D ) that , after J anuary 1 ,1 9 90, and b efore December 3 1, 2002, was — ‘‘(i) cropped during at least 3 of 10 crop years; and ‘‘(ii) sub j ect to the natural overflow 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 quantity 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 27, 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.—
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