Page:United States Statutes at Large Volume 116 Part 1.djvu/258

 116 STAT. 232 PUBLIC LAW 107-171—MAY 13, 2002 are included in the conservation security contract, as described in subparagraph (C)(ii). "(iii) An enhanced payment that is determined in accordance with subparagraph (C)(iii). "(2) LIMITATION ON PAYMENTS. — "(A) IN GENERAL. — Subject to paragraphs (1) and (3), the Secretary shall make an Einnual payment, directly or indirectly, to an individual or entity covered by a conservation security contract in an amount not to exceed— "(i) in the case of a Tier I conservation security contract, $20,000; "(ii) in the case of a Tier II conservation security contract, $35,000; or "(iii) in the case of a Tier III conservation security contract, $45,000. "(B) LIMITATION ON BASE PAYMENTS.— In applying the payment limitation under each of clauses (i), (ii), and (iii) of subparagraph (A), an individual or entity may not receive, directly or indirectly, payments described in clause (i) of paragraph (1)(C), (1)(D), or (1)(E), as appropriate, in an amount that exceeds— "(i) in the case of Tier I contracts, 25 percent of the applicable payment limitation; or "(ii) in the case of Tier II contracts and Tier III contracts, 30 percent of the applicable payment limitation. "(C) OTHER USDA PAYMENTS.—^A producer shall not receive payments under the conservation security program and any other conservation program administered by the Secretary for the same practices on the same land. "(D) COMMENSURATE SHARE.—To be eligible to receive a payment under this subchapter, an individual or entity shall make contributions (including contributions of land, labor, management, equipment, or capital) to the operation of the farm that are at least commensurate with the share of the proceeds of the operation of the individual or entity. "(3) EQUIPMENT OR FACILITIES.— ^A payment to a producer under this subchapter shall not be provided for— "(A) construction or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or "(B) the purchase or maintenance of equipment or a non-land based structure that is not integral to a landbased practice, as determined by the Secretary. "(c) MINIMUM PRACTICE REQUIREMENT.— In determining a pay- ment under subsection (b) for a producer that receives a payment under another program administered by the Secretary that is contingent on complying with requirements under subtitle B or C (relating to the use of highly erodible land or wetland), a payment under this subchapter on land subject to those requirements shall be for practices only to the extent that the practices exceed minimum requirements for the producer under those subtitles, as determined by the Secretary. "(d) REGULATIONS. — The Secretary shall promulgate regulations that—

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