Page:United States Statutes at Large Volume 122.djvu/1067

 12 2 STA T . 1 04 4 PUBLIC LA W 110 – 2 3 4 —M A Y 22, 200 8‘ ‘ (B)requi re th e p r od u c er — ‘‘(i) to i m p l eme n t durin g the term o f the con s er va- tion ste w ardship contract the conservation stewardship plan approved by the S ecretary ‘‘(ii) to maintain , and ma k e available to the Sec- retary at such times as the Secretary may request, appropriate records showing the effective and timely implementation of the conservation stewardship con- tract; and ‘‘(iii) not to engage in any activity during the term of the conservation stewardship contract on the eligible land covered by the contract that would interfere with the purposes of the conservation stewardship contract; ‘‘( C ) permit all economic uses of the land that— ‘‘(i) maintain the agricultural nature of the land; and ‘‘(ii) are consistent with the conservation purposes of the conservation stewardship contract; ‘‘( D ) include a provision to ensure that a producer shall not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary; and ‘‘( E ) include such other provisions as the Secretary determines necessary to ensure the purposes of the pro- gram are achieved . ‘‘(e) C ONTRAC T RE NE W A L .— A t the end of an initial conservation stewardship contract of a producer, the Secretary may allow the producer to renew the contract for one additional five-year period if the producer— ‘‘( 1 ) demonstrates compliance with the terms of the e x isting contract; and ‘‘( 2 ) agrees to adopt new conservation activities, as deter- mined by the Secretary. ‘‘(f) M O DIF ICATION.— T he Secretary may allow a producer to modify a stewardship contract if the Secretary determines that the modification is consistent with achieving the purposes of the program. ‘‘(g) CONTRACT TER M INATION.— ‘‘(1) V OL U NTAR Y TERMINATION.—A producer may terminate a conservation stewardship contract if the Secretary determines that termination would not defeat the purposes of the program. ‘‘(2) I N V OLUNTARY TERMINATION.—The Secretary may terminate a contract under this subchapter if the Secretary determines that the producer violated the contract. ‘‘( 3 )RE P AYMENT.—If a contract is terminated, the Secretary may, consistent with the purposes of the program— ‘‘(A) allow the producer to retain payments already received under the contract; or ‘‘(B) require repayment, in whole or in part, of pay- ments already received and assess liquidated damages. ‘‘( 4 )C H AN G E OF INTERE S TINLANDSU BJ ECT TO A CON- TRACT.— ‘‘(A) IN GENERAL.—Except as provided in paragraph (B), a change in the interest of a producer in land covered by a contract under this chapter shall result in the termi- nation of the contract with regard to that land.

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