Page:United States Statutes at Large Volume 116 Part 1.djvu/282

 116 STAT. 256 PUBLIC LAW 107-171—MAY 13, 2002 16 USC 3839aa-3. 16 USC 3839aa-4. 16 USC 3839aa-5. "(g) ALLOCATION OF FUNDING. —For each of fiscal years 2002 through 2007, 60 percent of the funds made available for costshare pa3anents and incentive payments under this chapter shall be targeted at practices relating to livestock production. "SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS. "In evaluating applications for cost-share payments and incentive payments, the Secretary shall accord a higher priority to assistance and payments that— "(1) encourage the use by producers of cost-effective conservation practices; and "(2) address national conservation priorities. "SEC. 1240D. DUTIES OF PRODUCERS. "To receive technical assistance, cost-share payments, or incentive payments under the program, a producer shall agree— "(1) to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary; "(2) not to conduct any practices on the farm or ranch that would tend to defeat the purposes of the program; "(3) on the violation of a term or condition of the contract at anytime the producer has control of the land— "(A) if the Secretary determines that the violation warrants termination of the contract— "(i) to forfeit all rights to receive payments under the contract; and "(ii) to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the pay- ments, as determined by the Secretary; or "(B) if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary determines to be appropriate; "(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all cost-share payments and incentive payments received under the program, as determined by the Secretary; "(5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and "(6) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan. "SEC. 1240E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN. "(a) IN GENERAL.—To be eligible to receive cost-share payments or incentive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that— "(1) specifies practices covered under the program; "(2) includes such terms and conditions as the Secretary considers necessary to carry out the program, including a

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