Sec. 2104. Payments
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Section 1234 of the Food Security Act of 1985 ( 16 U.S.C. 3834 ) is amended— in subsection (c)— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; by inserting before subparagraph
(A)(as so redesignated) the following: In the case of a continuous enrollment contract, the Secretary may make an incentive payment to an owner or operator of eligible land in an amount sufficient to encourage participation in the program established under this subchapter. The Secretary may only make an incentive payment under subparagraph
(A)if the national average market price received by producers during the previous 12-month marketing year for major covered commodities is greater than the national average market price received by producers during the most recent 10 marketing years for major covered commodities. ; and in paragraph (2)(B) (as so designated), by striking paragraph
(1)and inserting subparagraph
(A); in subsection (d)— in paragraph (3)(A)— by striking Secretary may and inserting the following: “Secretary— may ; in clause
(i)(as so designated), by striking the period at the end and inserting ; and ; and by adding at the end the following: shall prioritize the enrollment of marginal and environmentally sensitive land that is the subject of the contract offer. ; and in paragraph (5)— in subparagraph (A), by striking other before year, ; in subparagraph (C)— by striking The Secretary may use and inserting Subject to paragraph (3)(A)(ii), with respect to ; and by striking rental rates the first place it appears and inserting the following: “rental rates, the Secretary— shall apply the limitation described in subsection (g)(1); and may use the estimates ; and by adding at the end the following: Except in the case of an incentive payment under subsection (c), a payment under this subchapter shall not exceed 88.5 percent of the estimated rental rate determined under subparagraph (A). ; and in subsection (g)— in paragraph (1), by striking The total and inserting Except as provided in paragraph (2), the total ; and by striking paragraph
(2)and inserting the following: Paragraph
(1)and section 1001D(b) shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subchapter for the purpose of protecting a wellhead. .
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