(a) In addition to other allowable enrollments, land may be enrolled in this program through the Farmable Wetlands Program (FWP) within the overall Conservation Reserve Program provided for in this part.
(b) As determined by CCC, eligible owners and operators may enroll land in FWP provided that the land:
(1) Is a wetland, including a converted wetland, as determined by CCC, that has been planted or considered planted to an agricultural commodity, as defined in Sec. 1410.2, in 3 of the 10 most recent crop years and that does not exceed the size limitations of this section;
(2) Is enrolled to be a constructed wetland that is to be developed to receive flow from a row crop agriculture drainage system and is designed to provide nitrogen removal in addition to other wetland functions and that does not exceed the size limitations of this section;
(3) Was a commercial pond-raised aquaculture facility in any year during the period of calendar years 2002 through 2007; or
(4) Was cropped, after January 1, 1990, and before December 31, 2002, at least 3 of 10 crop years, was subject to the natural overflow of a prairie wetland, and does not exceed the size limitations of this section.
(c) In addition, land may be enrolled in FWP if the land is buffer acreage that provides protection for and is contiguous to land otherwise eligible under paragraphs (b)(1), (b)(2), or (b)(4) of this section, subject to other provisions of this section.
(d) Total enrollment in CRP under this section may not exceed 1 million acres. In addition, the maximum size of a land enrolled under this section may not exceed, as determined by CCC:
(1) 40 contiguous acres for land made eligible by paragraph (b)(1) of this section;
(2) 40 contiguous acres for land made eligible by paragraph (b)(2) of this section;
(3) 20 contiguous acres for land made eligible by paragraph (b)(4) of this section; or
(4) A suitable buffer as determined by the Deputy Administrator for lands added under paragraph (c) of this section.
(e) All participants subject to a CRP contract under this section must agree to establish and maintain, as appropriate, the practice described in paragraph (b) of this section to the maximum extent possible, as determined by CCC, in accordance with NRCS FOTG including, as appropriate, restoring the hydrology of the wetland and establishing vegetative cover (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species in shallow water areas), as determined by CCC.
(f) Offers for contracts under this section must be submitted under continuous signup provisions as authorized in Sec. 1410.30.
(g) Except as otherwise determined by CCC, all other requirements of this part apply to enrollments under this section, and CCC may add such other requirements or conditions as it deems 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. [74 FR 30912, June 29, 2009]