Sec. 2004. Duties of the Secretary
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Section 1233 of the Food Security Act of 1985 ( 16 U.S.C. 3833 ) is amended to read as follows: In return for a contract entered into by an owner or operator, the Secretary shall— share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest; and for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for— the conversion of highly erodible cropland or other eligible land normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; the retirement of any cropland base and allotment history that the owner or operator agrees to retire permanently; and the development and management of grassland for multiple natural resource conservation benefits, including soil, water, air, and wildlife.
The Secretary shall permit certain activities or commercial uses of land that is subject to the contract if those activities or uses are consistent with a plan approved by the Secretary and include— harvesting, grazing, or other commercial use of the forage in response to drought, flooding, or other emergency without any reduction in the rental rate; grazing by livestock of a beginning farmer or rancher without any reduction in the rental rate, if the grazing is— consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during the primary nesting season for critical birds in the area); and described in subparagraph
(B)or
(C)of paragraph (3); consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during the primary nesting season for critical birds in the area) and in exchange for a reduction of not less than 25 percent in the annual rental rate for the acres covered by the authorized activity— managed harvesting and other commercial use (including the managed harvesting of biomass), except that in permitting those activities the Secretary, in coordination with the State technical committee— shall develop appropriate vegetation management requirements; and shall identify periods during which the activities may be conducted, such that the frequency is at least once every 5 years but not more than once every 3 years; prescribed grazing for the control of invasive species, which may be conducted annually; routine grazing, except that in permitting routine grazing, the Secretary, in coordination with the State technical committee— shall develop appropriate vegetation management requirements and stocking rates for the land that are suitable for continued routine grazing; and shall identify the periods during which routine grazing may be conducted, such that the frequency is not more than once every 2 years, taking into consideration regional differences such as— climate, soil type, and natural resources; the number of years that should be required between routine grazing activities; and how often during a year in which routine grazing is permitted that routine grazing should be allowed to occur; and the installation of wind turbines and associated access, 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— the location, size, and other physical characteristics of the land; the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and the purposes of the conservation reserve program under this subchapter; and the intermittent and seasonal use of vegetative buffer practices incidental to agricultural production on land adjacent to the buffer such that the permitted use does not destroy the permanent vegetative cover. Notwithstanding section 1232(a)(8), for eligible land described in section 1231(b)(3), the Secretary shall permit the following activities: Common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality. Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the primary nesting season for critical birds in the area. Fire presuppression, rehabilitation, and construction of fire breaks. Grazing-related activities, such as fencing and livestock watering. Beginning on the date that is 1 year before the date of termination of a contract under the program, the Secretary shall allow an owner or operator to make conservation and land improvements that facilitate maintaining protection of highly erodible land after expiration of the contract. The Secretary shall require an owner or operator carrying out the activities described in paragraph
(1)to develop and implement a conservation plan. Land altered under paragraph
(1)may not be reenrolled in the conservation reserve program for 5 years. The Secretary shall provide an annual payment that is reduced in an amount commensurate with any income or other compensation received as a result of the activities carried out under paragraph (1). .
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Sec. 2004
Duties of the Secretary
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