Page:United States Statutes at Large Volume 116 Part 1.djvu/271

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 245 to carry out this subchapter or to facilitate the practical administration of this subchapter. "(b) CONSERVATION PLANS. —The plan referred to in subsection (a)(1)— "(1) shall set forth— "(A) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and "(B) the commercial use, if any, to be permitted on the land during the term; and "(2) may provide for the permanent retirement of any existing cropland base and allotment history for the land. "(c) FORECLOSURE.— "(1) IN GENERAL. —Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subchapter may not be required to make repay- ments to the Secretary of amounts received under the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment. " (2) RESUMPTION OF CONTROL. — "(A) IN GENERAL. —T h is subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract. "(B) CONTRACT.—On the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply. "SEC. 1233. DUTIES OF THE SECRETARY. 16 USC 3833. "In return for a contract entered into by an owner or operator under section 1232, the Secretary shall— "(1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest; and "(2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for— "(A) the conversion of highly erodible cropland normally devoted to the production of an agripultural commodity on a farm or ranch to a less intensive use; and "(B) the retirement of any cropland base and allotment history that the owner or operator agrees to retire permanently. "SEC. 1234. PAYMENTS. 16 USC 3834. "(a) TIMING. —The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subchapter— "(1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as practicable after the obligation is incurred; and "(2) with respect to any annual rental payment obligation incurred by the Secretary— "(A) as soon as practicable after October 1 of each calendar year; or

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