Page:United States Statutes at Large Volume 116 Part 1.djvu/281

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 255 "(A) at a minimum, is equal to the period beginning on the date on which the contract is entered into and ending on the date that is 1 year after the date on which all practices under the contract have been implemented; but "(B) not to exceed 10 years. "(c) BIDDING DOWN. —I f the Secretary determines that the environmental values of 2 or more applications for cost-share pay- ments or incentive payments are comparable, the Secretary shall not assign a higher priority to the application only because it would present the least cost to the program established under the program. " (d) COST-SHARE PAYMENTS. — "(1) IN GENERAL.— Except as provided in paragraph (2), the cost-share payments provided to a producer proposing to implement 1 or more practices under the program shall be not more than 75 percent of the cost of the practice, as determined by the Secretary. " (2) EXCEPTIONS.— "(A) LIMITED RESOURCE AND BEGINNING FARMERS.— The Secretary may increase the amount provided to a producer under paragraph (1) to not more than 90 percent if the producer is a limited resource or beginning farmer or rancher, as determined by the Secretary. " (B) COST-SHARE ASSISTANCE FROM OTHER SOURCES.— Except as provided in paragraph (3), any cost-share pay- ments received by a producer from a State or private organization or person for the implementation of 1 or more practices on eligible land of the producer shall be in addition to the payments provided to the producer under paragraph (1). "(3) OTHER PAYMENTS.—^A producer shall not be eligible for cost-share payments for practices on eligible land under the program if the producer receives cost-share payments or other benefits for the same practice on the same land under chapter 1 and the program. " (e) INCENTIVE PAYMENTS.— "(1) IN GENERAL.— The Secretary shall make incentive pay- ments in an amount and at a rate determined by the Secretary to be necessary to encourage a producer to perform 1 or more land management practices. "(2) SPECIAL RULE.— In determining the amount and rate of incentive payments, the Secretary may accord great significance to a practice that promotes residue, nutrient, pest, invasive species, or air quality management. "(f) MODIFICATION OR TERMINATION OF CONTRACTS.— "(1) VOLUNTARY MODIFICATION OR TERMINATION.— The Secretary may modify or terminate a contract entered into with a producer under this chapter if— "(A) the producer agrees to the modification or termination; and "(B) the Secretary determines that the modification or termination is in the public interest. "(2) INVOLUNTARY TERMINATION.—The Secretary may terminate a contract under this chapter if the Secretary determines that the producer violated the contract.

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