if available, be set aside vs if available ,are set aside

Some examples from the web:

• If no additional funds are being set aside for this than are already available, then the whole initiative is nothing but an empty shell.
• This can be achieved via voluntary set-aside as part of rural development only if adequate incentives are available, which was not guaranteed in the past.
• If the available capacity, at the time this Regulation enters into force, is less than the proportion of technical capacity to be set aside, the whole of any available capacity shall be set aside.
• Appropriations should not be set aside merely for tactical reasons.
• Everything else must be set aside.
• They shall be set aside and may, if necessary, be subject to a separate examination and report.
• Damaged packages shall not be used as part of the bulk sample. They should be set-aside and may, if necessary, be subject to a separate examination and report.
• For those reasons, the judgment under appeal of the Court of First Instance should, therefore, be set aside on the grounds of a breach of Article 51 of Regulation No 40/94.
• Damaged packages shall not be used as part of the bulk sample. They shall be set aside and may, if necessary, be subject to a separate examination and report.
• Turns out our fallen brother PFC Green requested some of his insurance money be set aside for a platoon party.
• But my pain has to be set aside.
• However a part of the additional resources may also be set aside for specific sectors.
• All matters regarding our personal relationship have to be set aside.
• More resources must be set aside to monitor government aid.
• The Tomlinson report also proposes that funds be set aside for political parties at European level.
• And it is proper that this holiday known as Labor Day be set aside...
• They are not to be set aside lightly.
• When we are talking about security, political games should be set aside.
• All other geopolitical considerations must be set aside.
• Appropriate amounts should be set aside for this.

Some examples from the web:

• Farmers shall set aside from production the hectares eligible for set-aside entitlements.
• Producers may be granted the set-aside payment on land voluntarily set aside in excess of their obligation.
• Set aside your differences with Carlene.
• We must set aside lesser considerations.
• It also includes area payments for set aside.
• The Commission proposes to abolish mandatory set aside.
• Set aside my feelings for Guinevere.
• Appropriations should not be set aside merely for tactical reasons.
• Politicians should set aside their arrogance and comfortable situation.
• Our supply reduction measure is set aside.
• Everything else must be set aside.
• 3. Farmers shall set aside from production the hectares eligible for set-aside entitlements.
• Any set-aside entitlement accompanied by a hectare eligible for set-aside entitlement shall give right to the payment of the amount fixed by the set-aside entitlement.
• The set aside obligation shall continue to apply in respect of the set-aside entitlements which are transferred.
• Land set aside to comply with Regulation (EC) No 1251/1999, and not cultivated, is also to be entered. Includes also set-aside with green cover.
• With the 2003 reform, they received set-aside entitlements, which give the right to a payment if they are accompanied by eligible land put into set-aside.
• With the 2003 reform, they received set-aside entitlements, which give the right to a payment if they are accompanied by eligible land put into set-aside.
• Therefore, farmers would not be obliged to set aside land from production in order to be entitled to the amount fixed by the set aside entitlements.
• The EESC considers that environmental benefits associated with set-aside, buffer strips and landscape features should be maintained, even if there is a desire to abolish the obligatory set-aside.
• 7. The set aside obligation shall continue to apply in respect of the set-aside entitlements which are transferred.