Page:United States Statutes at Large Volume 116 Part 1.djvu/274

 116 STAT. 248 PUBLIC LAW 107-171—MAY 13, 2002 special conservation reserve enhancement program described in subsection (f)(4) shall be in the form of cash only. "(e) PAYMENTS ON DEATH, DISABILITY, OR SUCCESSION.— I f an owner or operator that is entitled to a payment under a contract entered into under this subchapter dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person that renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. " (f) PAYMENT LIMITATION FOR RENTAL PAYMENTS.— "(1) IN GENERAL. —The total amount of rental payments, including rental payments made in the form of in-kind commodities, made to a person under this subchapter for any fiscal year may not exceed $50,000. " (2) REGULATIONS. — "(A) IN GENERAL.—The Secretary shall promulgate regulations— "(i) defining the term 'person' as used in this subsection; and "(ii) providing such terms and conditions as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established by this subsection. " (B) CORPORATIONS AND STOCKHOLDERS. — The regulations promulgated by the Secretary on December 18, 1970, under section 101 of the Agricultural Act of 1970 (7 U.S.C. 1307), shall be used to determine whether corporations and their stockholders may be considered as separate persons under this subsection. "(3) OTHER PAYMENTS.— Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002. "(4) SPECIE CONSERVATION RESERVE ENHANCEMENT PRO- GRAM. — "(A) IN GENERAL. —The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (7 U.S.C. 1308 note; Public Law 100-203), shall not be applicable to pa3anents received by a State, political subdivision, or agency thereof in connection with agreements entered into under a special conservation reserve enhancement program carried out by that entity that has been approved by the Secretary. "(B) AGREEMENTS. —The Secretary may enter into such agreements for payments to States (including political subdivisions and agencies of States) that the Secretary determines will advance the purposes of this subchapter. "(g) OTHER STATE OR LOCAL ASSISTANCE.—In addition to any payment under this subchapter, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling land in the conservation reserve program.

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