Page:United States Statutes at Large Volume 116 Part 1.djvu/256

 116 STAT. 230 PUBLIC LAW 107-171—MAY 13, 2002 of a conservation security contract under subsection (e)( 1), to ensure that a producer shall not be considered in violation of a conservation security contract for failure to comply with the conservation security contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary. 16 USC 3838b. "SEC. 1238B. DUTIES OF PRODUCERS. "Under a conservation security contract, a producer shall agree, during the term of the conservation security contract— "(1) to implement the applicable conservation security plan approved by the Secretary; "(2) to maintain, and make available to the Secretary at such times as the Secretary may request, appropriate records showing the effective and timely implementation of the conservation security plan; "(3) not to engage in any activity that would interfere with the purposes of the conservation security program; and "(4) on the violation of a term or condition of the conservation security contract— "(A) if the Secretary determines that the violation warrants termination of the conservation security contract— "(i) to forfeit all rights to receive payments under the conservation security contract; and "(ii) to refund to the Secretary all or a portion of the payments received by the producer under the conservation security contract, including any advance payments and interest on the payments, as determined by the Secretary; or "(B) if the Secretary determines that the violation does not warrant termination of the conservation security contract, to refund to the Secretary, or accept adjustments to, the payments provided to the producer, as the Secretary determines to be appropriate. 16 USC 3838c. "SEC. 1238C. DUTIES OF THE SECRETARY. "(a) TIMING OF PAYMENTS.— The Secretary shall make payments under a conservation security contract as soon as practicable after October 1 of each fiscal year. "(b) ANNUAL PAYMENTS. — " (1) CRITERIA FOR DETERMINING AMOUNT OF PAYMENTS. — "(A) BASE PAYMENT. — A base payment under this paragraph shall be (as determined by the Secretary)— "(i) the average national per-acre rental rate for a specific land use during the 2001 crop year; or "(ii) another appropriate rate for the 2001 crop year that ensures regional equity. "(B) PAYMENTS. —A payment for a conservation practice under this paragraph shall be determined in accordance with subparagraphs (C) through (E). " (C) TIER I CONSERVATION SECURITY CONTRACTS. —The payment for a Tier I conservation security contract shall consist of the total of the following amounts: "(i) An amount equal to 5 percent of the applicable base payment for land covered by the contract. "(ii) An amount that does not exceed 75 percent (or, in the case of a beginning farmer or rancher, 90 percent) of the average county costs of practices

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