Page:United States Statutes at Large Volume 122.djvu/1080

 12 2 STA T . 1 057PUBLIC LA W 110 – 2 34—M A Y 22, 200 8‘ ‘ (D)subject t o sub par a g rap h ( E ) ,id e n ti fy a specific project or a range of projects to be funded under the agree -m ent ‘‘(E) a l lo w, upon mutual agreement of the parties, substitution of q ualified projects that are identified at the time of substitution; ‘‘( F ) specify the manner in which the eligible entity will e v aluate and report the use of funds to the S ecretary; ‘‘( G ) allow the eligible entity fle x ibility to develop and use terms and conditions for easements, if the Secretary finds the terms and conditions consistent with the purposes of the program and adequate to enable effective enforce- ment of the easements; ‘‘( H ) if applicable, allow an eligible entity to include a charitable donation or qualified conservation contribution (as defined by section 170 (h) of the I nternal R evenue C ode of1 986 ) from the landowner from which the easement will be purchased as part of the entity ’ s share of the cost to purchase an easement; and ‘‘(I) provide for a schedule of payments to an eligible entity, as agreed to by the Secretary and the eligible entity . ‘‘( 3 )C OST S HARING . — ‘‘( A )ING E NERA L .—As part of a cooperative agreement with an eligible entity under this subsection, the Secretary may provide a share of the purchase price of an easement under the program. ‘‘( B ) M INI MU M SHARE BY ELIGIBLE ENTITY.— T he eligible entity shall be required to provide a share of the purchase price at least equivalent to that provided by the Secretary. ‘‘(C) P RIORITY.—The Secretary may accord a higher priority to proposals from eligible entities that leverage a greater share of the purchase price of the easement. ‘‘( 4 ) V IOLATION.—If an eligible entity violates the terms or conditions of a cooperative agreement entered into under this subsection— ‘‘(A) the cooperative agreement shall remain in force; and ‘‘(B) the Secretary may require the eligible entity to refund all or part of any payments received by the eligible entity under the program, with interest on the payments as determined appropriate by the Secretary. ‘‘(e) PROTE C TION O F FE D ERAL IN V ESTMENT.— W hen delegating a duty under this section, the Secretary shall ensure that the terms of an easement include a contingent right of enforcement for the Department.’’. Subti t leF—Env i ro n m ent a l Q ualit yI n c entive sP ro g ram SEC.2501 . PUR P O SES O F E NVI RON M EN TALQ UALIT Y INCENTIVES PRO -G RAM. (a) REVISED PUR P OSES.—Section 1 2 40 of the Food Security Act of 198 5 (16 U .S.C. 3839aa) is amended— (1) in the matter preceding paragraph (1), by inserting ‘‘, forest management,’’ after ‘‘agricultural production’’; and

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