Page:United States Statutes at Large Volume 104 Part 5.djvu/269

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3591 "(D) on the violation of a term or condition of the agreement at any time the owner or operator has control of the land to refund any incentive or cost share payment received with interest and forfeit any such future payments as determined by the Secretary; "(E) on the transfer of the right and interest of the owner or operator in land subject to the agreement, unless the transferee of such right and interest agrees with the Secretary to assume all obligations of the agreement, to refund any such cost share and incentive payments received under this chapter, as determined by the Secretary; "(F) to accurately report nutrient, pesticide and animal waste materials usage rates on management areas for three previous years; and "(G) to supply production evidence, well test results, soil tests, tissue tests, nutrient application levels, pesticide application levels, and animal waste material usage levels, to the Soil (Donservation Service or another designee of the Secretary including the local conservation district for each year of the agreement, as determined necessary by the Secretary. "(4) WETLAND OR WILDLIFE HABITAT OPTIONS. — "(A) COST SHARE ASSISTANCE. —Owners and operators who voluntarily agree to develop and implement agricultural production practices, in concert with their water quality protection plan, that preserve and enhance wetland or wildlife habitat, shall also be eligible to receive cost share assistance for the implementation of such practices. The Secretary shall develop procedures for approving such agricultural practices, as a part of and consistent with the objectives of the water quality protection plan, that qualify for cost share assistance. "(B) WETLAND PRESERVATION AND WILDLIFE HABITAT IMPROVEMENT OPTIONS. — "(i) WETLAND PRESERVATION. —The Secretary shall encourgige owners and operators who choose the wetland preservation option to implement, improve and maintiain agricultural production practices, in concert with their water quality protection plan, that are designed to preserve and enhance existing wetland. "(ii) WILDLIFE HABITAT IMPROVEMENT. — The Secretary shall encourage owners and operators who choose the wildlife habitat improvement option to implement, improve and maintain agricultural production practices, in concert with their water quality protection plan, that are designed to improve on-farm wildlife habitat, including the establishment of perennigd cover, the protection of riparian areas, wildlife corridors, and areas of critical habitat for endangered species. "(5) I^UTiES OF THE SECRETARY.— In return for an incentive agreement voluntarily entered into under this chapter, the Secretary shall Eissist the owner or operator in the protection and improvement of surface and groundwater quality and related resources by— " (A) providing an eligibility assessment of the farming operation as a basis for developing the water quality protection plan and any options associated with such plan;

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