Sec. 2005. PAYMENTS
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## SEC. 2005 PAYMENTS **[**[16 U.S.C. 3834](/us/usc/t16/s3834)**]** ###
(a)Trees, Windbreaks, Shelterbelts, and Wildlife Corridors Section 1234(b)(3)(A) of the Food Security Act of 1985 (16 U.S.C. 3834(b)(3)(A)) is amended to read as follows: > > ##### “(A) Applicability > > This paragraph applies to land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subchapter after November 28, 1990.” > . ###
(b)Incentives for Thinning Section 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) is amended— ####
(1)in subsection (b)— #####
(A)in the heading, by striking “Federal Percentage of”; and #####
(B)in paragraph (3)(B)— ######
(i)in clause (i), by striking “or thinning”; and ######
(ii)by amending clause
(ii)to read as follows: > > ###### “(ii) Duration > > The Secretary shall make payments as described in clause
(i)for a period of not less than 2 years, but not more than 4 years, beginning on the date of the planting of the trees or shrubs.” > ; ####
(2)by redesignating subsections
(c)through
(g)as subsections
(d)through (h), respectively; and ####
(3)by inserting after subsection
(b)the following: > > ### “(c) Incentive Payments > > > #### “(1) In general > > The Secretary may make incentive payments to an owner or operator of eligible land in an amount sufficient to encourage proper thinning and other practices to improve the condition of resources, promote forest management, or enhance wildlife habitat on the land. > > > #### “(2) Limitation > > A payment described in paragraph
(1)may not exceed 150 percent of the total cost of thinning and other practices conducted by the owner or operator.” > . ###
(c)Annual Rental Payments Section 1234(d) of the Food Security Act of 1985 (as redesignated by subsection (b)(2)) is amended— ####
(1)in paragraph (1), by inserting “or other eligible lands” after “highly erodible cropland” both places it appears; ####
(2)by striking paragraph
(2)and inserting the following new paragraph: > > #### “(2) Methods of determination > > > ##### “(A) In general > > The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subchapter may be determined through— > > > ###### “(i) > > the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or > > > ###### “(ii) > > such other means as the Secretary determines are appropriate. > > > ##### “(B) Grasslands > > In the case of eligible land described in section 1231(b)(3), the Secretary shall make annual payments in an amount that is not more than 75 percent of the grazing value of the land covered by the contract.” > ; and ####
(3)in paragraph (5)— #####
(A)in subparagraph (A), by striking “conduct an annual survey” and inserting “, not less frequently than once every other year, conduct a survey”; #####
(B)in subparagraph (B), by striking “annual”; and #####
(C)by adding at the end the following: > > ##### “(C) Use > > The Secretary may use the estimates derived from the survey conducted under subparagraph
(A)relating to dryland cash rental rates as a factor in determining rental rates under this section in a manner determined appropriate by the Secretary.” > . ###
(d)Payment Schedule Subsection
(e)of section 1234 of the Food Security Act of 1985 (as redesignated by subsection (b)(2)) is amended to read as follows: > > ### “(e) Payment Schedule > > > #### “(1) In general > > Except as otherwise provided in this section, payments under this subchapter shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract. > > > #### “(2) Advance payment > > Payments under this subchapter may be made in advance of determination of performance.” > . ###
(e)Payment Limitation Section 1234(g) of the Food Security Act of 1985 (as redesignated by subsection (b)(2)) is amended— ####
(1)in paragraph (1), by striking “, including rental payments made in the form of in-kind commodities,”; ####
(2)by striking paragraph (3); and ####
(3)by redesignating paragraph
(4)as paragraph (2).
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