Pub. L. 110-234, tit. II, subtit. C, sec. 2203
DURATION OF WETLANDS RESERVE PROGRAM AND LANDS ELIGIBLE FOR ENROLLMENT.
SEC. 2203. DURATION OF WETLANDS RESERVE PROGRAM AND LANDS ELIGIBLE FOR ENROLLMENT.(a) In General.—Section 1237(c) of the Food Security Act of 1985 (16 U.S.C. 3837(c)) is amended—(1) in the matter preceding paragraph (1)—(A) by striking “2007 calendar” and inserting “2012 fiscal”; and(B) by inserting “private or tribal” before “land” the second place it appears;(2) by striking paragraph (2) and inserting the following new paragraph:“(2) such land is—“(A) farmed wetland or converted wetland, together with the adjacent land that is functionally dependent on the wetlands, except that converted wetland with respect to which the conversion was not commenced prior to December 23, 1985, shall not be eligible to be enrolled in the program under this section; or“(B) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole, as determined by the Secretary, together (where practicable) with the adjacent land that is functionally dependent on the cropland or grassland; and”.(b) Change of Ownership.—Section 1237E(a) of the Food Security Act of 1985 (16 U.S.C. 3837e(a)) is amended by striking “in the preceding 12 months” and inserting “during the preceding 7-year period”.(c) Annual Survey and Reallocation.—Section 1237F of the Food Security Act of 1985 (16 U.S.C. 3837f) is amended by adding at the end the following new subsection:“(c) Prairie Pothole Region Survey and Reallocation.—122 STAT. 1038“(1) Survey.—The Secretary shall conduct a survey during fiscal year 2008 and each subsequent fiscal year for the purpose of determining interest and allocations for the Prairie Pothole Region to enroll eligible land described in section 1237(c)(2)(B).“(2) Annual adjustment.—The Secretary shall make an adjustment to the allocation for an interested State for a fiscal year, based on the results of the survey conducted under paragraph (1) for the State during the previous fiscal year.”.