Page:United States Statutes at Large Volume 116 Part 1.djvu/269

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 243 forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan; "(2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subchapter; "(3) not to use the land for agricultural purposes, except as permitted by the Secretary; "(4) to establish approved vegetative cover (which may include emerging vegetation in water), water cover for the enhancement of wildlife, or, where practicable, maintain existing cover on the land, except that— "(A) the water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes; and "(B) the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if— "(i) the failure to plant the cover was due to excessive rainfall or flooding; "(ii) the land subject to the contract that could practicably be planted to the cover is planted to the cover; and "(iii) the land on which the owner or operator was unable to plant the cover is planted to the cover after the wet conditions that prevented the planting subsides; "(5) on a violation of a term or condition of the contract at any time the owner or operator has control of the land— "(A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest on the payments as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Natural Resources Conservation Service, determines that the violation is of such nature as to warrant termination of the contract; or "(B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that the violation does not warrant termination of the contract; "(6) on the transfer of the right and interest of the owner or operator in land subject to the contract— "(A) to forfeit all rights to rental payments and cost sharing payments under the contract; and "(B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this subchapter; unless the transferee of the land agrees with the Secretary to assume all obligations of the contract, except that no refund of rental pa3nnents and cost sharing payments shall be required if the land is purchased by or for the United States Fish and Wildlife Service, or the transferee and the Secretary agree

�