Pub. L. 110-234, tit. II, subtit. B, sec. 2108

MANAGED HAYING, GRAZING, OR OTHER COMMERCIAL USE OF FORAGE ON ENROLLED LAND AND INSTALLATION OF WIND TURBINES.

EnactedYear: 2008Length: 445 wordsOfficial source
SEC. 2108. MANAGED HAYING, GRAZING, OR OTHER COMMERCIAL USE OF FORAGE ON ENROLLED LAND AND INSTALLATION OF WIND TURBINES.(a) General Prohibition; Exceptions.—Section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 3832(a)) is amended by striking paragraph (8), as redesignated by section 2107, and inserting the following new paragraph:“(8) not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that the Secretary may permit, consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during nesting seasons for birds in the area)—“(A) managed harvesting (including the managed harvesting of biomass), except that in permitting managed harvesting, the Secretary, in coordination with the State technical committee—“(i) shall develop appropriate vegetation management requirements; and“(ii) shall identify periods during which managed harvesting may be conducted;“(B) harvesting and grazing or other commercial use of the forage on the land that is subject to the contract in response to a drought or other emergency;“(C) routine grazing or prescribed grazing for the control of invasive species, except that in permitting such routine grazing or prescribed grazing, the Secretary, in coordination with the State technical committee—“(i) shall develop appropriate vegetation management requirements and stocking rates for the land that are suitable for continued routine grazing; and“(ii) shall establish the frequency during which routine grazing may be conducted, taking into consideration regional differences such as—“(I) climate, soil type, and natural resources;“(II) the number of years that should be required between routine grazing activities; and“(III) how often during a year in which routine grazing is permitted that routine grazing should be allowed to occur; and“(D) the installation of wind turbines, 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—“(i) the location, size, and other physical characteristics of the land;“(ii) the extent to which the land contains wildlife and wildlife habitat; and“(iii) the purposes of the conservation reserve program under this subchapter;”.(b) Rental Payment Reduction.—Section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is amended by adding at the end the following new subsection:“(d) Rental Payment Reduction for Certain Authorized Uses of Enrolled Land.—In the case of an authorized activity 122 STAT. 1034 under subsection (a)(8) on land that is subject to a contract under this subchapter, the Secretary shall reduce the rental payment otherwise payable under the contract by an amount commensurate with the economic value of the authorized activity.”.