Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

A prior section 3834, Puspan. L. 99–198, title XII, § 1234, Dec. 23, 1985, 99 Stat. 1511; Puspan. L. 100–387, title III, § 322, Aug. 11, 1988, 102 Stat. 950; Puspan. L. 101–624, title XIV, §§ 1434, 1447(a), Nov. 28, 1990, 104 Stat. 3581, 3605, related to payments for obligations, prior to the general amendment of this subpart by Puspan. L. 107–171.

2018—Subsec. (span)(2) to (5). Puspan. L. 115–334, § 2207(a), added par. (2), redesignated par. (5) as (3) and substituted “Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under section 3831a of this title, an owner” for “An owner”, added par. (4), and struck out former pars. (2) to (4) which related to limitation on payments, payments for land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors, and extension of planting of hardwood trees over a 3-year period, respectively.

Subsec. (c). Puspan. L. 115–334, § 2207(span)(1), substituted “Forest management incentive payments” for “Incentive payments” in heading.

Subsec. (c)(1). Puspan. L. 115–334, § 2207(span)(2), substituted “Using funds made available under section 3841(a)(1)(A) of this title, the Secretary” for “The Secretary”.

Subsec. (c)(2). Puspan. L. 115–334, § 2207(span)(3), substituted “100 percent” for “150 percent”.

Subsec. (d)(1). Puspan. L. 115–334, § 2207(c)(1), substituted “the Secretary shall consider—” for “the Secretary may consider, among other things,”, inserted subpar. (A) designation before “the amount” and substituted semicolon for period at end, and added subpars. (B) and (C).

Subsec. (d)(2)(A). Puspan. L. 115–334, § 2207(c)(2)(A), substituted “determined through the submission of applications for such contracts by owners and operators in such manner as the Secretary may prescribe.” for “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.”

Subsec. (d)(2)(B). Puspan. L. 115–334, § 2207(c)(2)(C), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (d)(2)(C). Puspan. L. 115–334, § 2207(c)(2)(B), (D), redesignated subpar. (B) as (C) and substituted “Notwithstanding subparagraph (A), in the case” for “In the case”.

Subsec. (d)(2)(D). Puspan. L. 115–334, § 2207(c)(2)(E), added subpar. (D).

Subsec. (d)(4). Puspan. L. 115–334, § 2207(c)(3), (4), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “In the case of acreage enrolled in the conservation reserve established under this subpart that is to be devoted to hardwood trees, the Secretary may consider bids for contracts under this subsection on a continuous basis.”

Subsec. (d)(4)(A). Puspan. L. 115–334, § 2207(c)(5)(A), substituted “annually” for “, not less frequently than once every other year,” and inserted “, and shall publish the estimates derived from the survey not later than September 15 of each year” before period at end.

Subsec. (d)(4)(B). Puspan. L. 115–334, § 2207(c)(5)(B), inserted “and the average current and previous soil rental rates for each county” before “shall be maintained”.

Subsec. (d)(4)(C). Puspan. L. 115–334, § 2207(c)(5)(C), substituted “shall consider” for “may use”.

Subsec. (d)(4)(D), (E). Puspan. L. 115–334, § 2207(c)(5)(D), added subpars. (D) and (E).

Subsec. (d)(5). Puspan. L. 115–334, § 2207(c)(4), redesignated par. (5) as (4).

Subsec. (g)(1). Puspan. L. 115–334, § 2207(d)(1), substituted “Except as provided in paragraph (2), the total” for “The total”.

Subsec. (g)(2). Puspan. L. 115–334, § 2207(d)(2), added par. (2) and struck out former par. (2) which related to applicability of payment limitations relative to agreements entered into under a special conservation reserve enhancement program.

2014—Subsec. (span). Puspan. L. 113–79, § 2005(span)(1)(A), struck out “Federal percentage of” before “cost sharing payments” in heading.

Subsec. (span)(3)(A). Puspan. L. 113–79, § 2005(a), amended subpar. (A) generally. Prior to amendment, text read as follows: “This paragraph applies to—

“(i) land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subpart after November 28, 1990;

“(ii) land converted to such production under section 3835a of this title; and

“(iii) land on which an owner or operator agrees to conduct thinning authorized by section 3832(a)(9) of this title, if the thinning is necessary to improve the condition of resources on the land.”

Subsec. (span)(3)(B)(i). Puspan. L. 113–79, § 2005(span)(1)(B)(i), struck out “or thinning” before period at end.

Subsec. (span)(3)(B)(ii). Puspan. L. 113–79, § 2005(span)(1)(B)(ii), amended cl. (ii) generally. Prior to amendment, text read as follows: “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—

“(I) the planting of the trees or shrubs; or

“(II) the thinning of existing stands to improve the condition of resources on the land.”

Subsecs. (c), (d). Puspan. L. 113–79, § 2005(span)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Puspan. L. 113–79, § 2005(c)(1), inserted “or other eligible lands” after “highly erodible cropland” in two places.

Subsec. (d)(2). Puspan. L. 113–79, § 2005(c)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through—

“(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or

“(B) such other means as the Secretary determines are appropriate.”

Subsec. (d)(5)(A). Puspan. L. 113–79, § 2005(c)(3)(A), substituted “, not less frequently than once every other year, conduct a survey” for “conduct an annual survey”.

Subsec. (d)(5)(B). Puspan. L. 113–79, § 2005(c)(3)(B), struck out “annual” before “survey”.

Subsec. (d)(5)(C). Puspan. L. 113–79, § 2005(c)(3)(C), added subpar. (C).

Subsec. (e). Puspan. L. 113–79, § 2005(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to cash or in-kind payments.

Puspan. L. 113–79, § 2005(span)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsecs. (f), (g). Puspan. L. 113–79, § 2005(span)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively. Former subsec. (g) redesignated (h).

Subsec. (g)(1). Puspan. L. 113–79, § 2005(e)(1), struck out “, including rental payments made in the form of in-kind commodities,” after “total amount of rental payments”.

Subsec. (g)(2) to (4). Puspan. L. 113–79, § 2005(e)(2), (3), redesignated par. (4) as (2) and struck out par. (3). Prior to amendment, text of par. (3) read as follows: “Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002.”

Subsec. (h). Puspan. L. 113–79, § 2005(span)(2), redesignated subsec. (g) as (h).

2008—Subsec. (span)(3). Puspan. L. 110–246, § 2109, added par. (3) and struck out former par. (3) which related to the making of payments to an owner or operator of land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors.

Subsec. (c)(3). Puspan. L. 110–246, § 2110(a), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “In determining the acceptability of contract offers, the Secretary may—

“(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and

“(B) establish different criteria in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated.”

Subsec. (c)(5). Puspan. L. 110–246, § 2110(span)(1), added par. (5).

Subsec. (f)(1). Puspan. L. 110–246, § 2110(c)(1), substituted “received by a person or legal entity, directly or indirectly,” for “made to a person”.

Subsec. (f)(2). Puspan. L. 110–246, § 2110(c)(2), struck out par. (2) which related to promulgation of regulations defining the term “person” as used in subsec. (f) and providing terms and conditions determined necessary to ensure a fair and reasonable application of the subsec. (f) limitation.

Subsec. (f)(4)(A). Puspan. L. 110–246, § 2110(c)(3), substituted “any person or legal entity” for “any person”.

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Puspan. L. 110–234, title II, § 2110(span)(2), May 22, 2008, 122 Stat. 1035, and Puspan. L. 110–246, § 4(a), title II, § 2110(span)(2), June 18, 2008, 122 Stat. 1664, 1763, provided that:

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

For provisions directing that enumerated provisions of the Food Security Act of 1985 shall apply to the conservation reserve program under this subchapter with respect to rental payments to persons under contracts entered into after Dec. 22, 1987, with certain exceptions, see section 1305(d) of Puspan. L. 100–203, set out as a note under section 1308 of Title 7, Agriculture.