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  <FDSYS>
    <CFRTITLE>7</CFRTITLE>
    <CFRTITLETEXT>Agriculture</CFRTITLETEXT>
    <VOL>10</VOL>
    <DATE>2004-01-01</DATE>
    <ORIGINALDATE>2004-01-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Farmable Wetlands Program.</TITLE>
    <GRANULENUM>1410.11</GRANULENUM>
    <HEADING>Section 1410.11</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 7" SEQ="4">Agriculture</PARENT>
      <PARENT HEADING="Subtitle B" SEQ="3">Regulations of the Department of Agriculture (Continued)</PARENT>
      <PARENT HEADING="CHAPTER XIV" SEQ="2">COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE</PARENT>
      <PARENT HEADING="SUBCHAPTER B" SEQ="1">LOANS, PURCHASES, AND OTHER OPERATIONS</PARENT>
      <PARENT HEADING="PART 1410" SEQ="0">CONSERVATION RESERVE PROGRAM</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 1410.11</SECTNO>
    <SUBJECT>Farmable Wetlands Program.</SUBJECT>
    <P>(a) In addition to other allowable enrollments, land may be enrolled in this program through the Farmable Wetlands Program within the overall Conservation Reserve Program provided for in this part.</P>
    <P>(b) As determined by the Deputy Administrator, owners and/or operators may enroll cropland that has been planted or considered planted to an agricultural commodity, as defined in § 1410.2 in three of the ten most recent crop years, provided that the cropland:</P>
    <P>(1) Is a wetland, including a converted wetland, as determined by CCC, that does not exceed the size limitations of this section; and</P>
    <P>(2) Subject to other provisions of this section, is buffer acreage that provides protection for and is contiguous to the wetland.</P>
    <P>(c) An owner or operator may not enroll in this program any wetland, or land in a flood plain, that:</P>
    <P>(1) Is located adjacent to a perennial riverine system wetland as identified on the final national wetland inventory map of the Department of the Interior; or</P>
    <P>(2) Is located adjacent to a perennial stream identified on a 1-24,000 scale map of the United States Geological Survey, when the area is not delineated on a final national wetland inventory map.</P>
    <P>(d) Total enrollment in the CRP under this section shall not exceed 1 million acres.</P>
    <P>(e) The maximum size of a wetland enrolled under this section shall be 10 contiguous acres of which only the first 5 acres shall be eligible for payments.</P>
    <P>(f) The maximum size of any buffer acreage described in paragraph (b)(2)(ii) of this section shall be the greater of:</P>
    <P>(1) An area three times the size of the wetland described in paragraph (b)(1) of this section; or</P>
    <P>(2) An area that continues no more than 150 feet from the edge of the wetland.</P>
    <P>(g) The maximum total acreage enrolled in the CRP under this section, including any wetland and buffer acreage described in paragraph (b)(2) of this section, in a tract, as determined by the Deputy Administrator, of an owner or operator, is 40 acres.</P>
    <P>(h) All participants subject to a CRP contract under this section must agree to restore the hydrology of the wetland described in paragraph (b)(1) of this section to the maximum extent possible, as determined by the Deputy Administrator, in accordance with the FOTG.</P>
    <P>(i) Offers for contracts under this section shall be submitted under continuous signup provisions as authorized in § 1410.30.</P>
    <P>(j) Except as otherwise determined by the Deputy Administrator, all other requirements of this part shall apply to enrollments under this section, and the Deputy Administrator by contract or otherwise may add such other requirements or conditions as are deemed necessary. Such additional conditions include but are not limited to payment limitations, adjusted gross income limitations, and limitations on the amount of acreage that can be enrolled in any one county.</P>
  </SECTION>
</CFRGRANULE>
