Page:United States Statutes at Large Volume 110 Part 1.djvu/1024

 110 STAT. 1000 PUBLIC LAW 104-127—APR. 4, 1996 16 USC 3839aa-3. 16 USC 3839aa-4. producers, representatives from agricultural cooperatives, agricultural input retail dealers, and certified crop advisers. The requirements of this subparagraph shall also apply to any other conservation program of the Department of Agriculture that provides incentive payments, technical assistance, or cost-share payments. "(0 MODIFICATION OR TERMINATION OF CONTRACTS.— "(1) VOLUNTARY MODIFICATION OR TERMINATION.—The Secretary may modify or terminate a contract entered into with a producer under this chapter if— "(A) the producer agrees to the modification or termination; and "(B) the Secretary determines that the modification or termination is in the public interest. "(2) INVOLUNTARY TERMINATION.—The Secretary may terminate a contract under this chapter if the Secretary determines that the producer violated the contract. "(g) NON-FEDERAL ASSISTANCE. —The Secretary may request the services of a State water quality agency. State fish and wildlife agency. State forestry agency, or any other governmental or private resource considered appropriate to assist in providing the technical assistance necessary for the development and implementation of a structural practice or land management practice. " SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS. "In providing technical assistance, cost-share payments, and incentive payments to producers, the Secretary shall accord a higher priority to assistance and payments that— "(1) are provided in conservation priority areas established under section 1230(c); "(2) maximize environmental benefits per dollar expended; or "(3) are provided in watersheds, regions, or conservation priority areas in which State or local governments have provided, or will provide, financial or technical assistance to producers for the same conservation or environmental purposes. "SEC. 1240D. DUTIES OF PRODUCERS. "To receive technical assistance, cost-share payments, or incentive payments under this chapter, a producer shall agree— "(1) to implement an environmental quality incentives program plan that describes conservation and environmental goals to be achieved through a structural practice or land management practice, or both, that is approved by the Secretary; "(2) not to conduct any practices on the farm or ranch that would tend to defeat the purposes of this chapter; "(3) on the violation of a term or condition of the contract at any time the producer has control of the land, to refund any cost-share or incentive payment received with interest, and forfeit any future payments under this chapter, as determined by the Secretary; "(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all cost-share pa3anents and incentive payments received under this chapter, as determined by the Secretary;

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