Page:United States Statutes at Large Volume 122.djvu/1085

 12 2 STA T . 1 06 2 PUBLIC LA W 110 – 2 34—M A Y 22, 200 8‘ ‘ (3)PAYMENTLI MITATI O N S.— P aymentsu n d e r t hi ssu b- se c ti o ntoa p erson or l e g al entity , directly or indirectly, may not e x ceed, in the aggregate, $20 ,000 per year or $ 8 0,000 during any 6 -year period. I n applying these limitations, the S ecretary shall not ta k e into account payments recei v ed f or technical assistance. ‘‘( 4 ) EXC L U SION O F CE R TAIN OR G ANIC CERTIFICATION COSTS.—Payments may not be made under this subsection to cover the costs associated w ith organic certification that are eligible for cost-share payments under section 1 0606 of the F arm Security and R ural Investment A ctof2002( 7U .S. C . 6 5 23). ‘‘(5) T ERMINATION OF CONTRACTS.—The Secretary may cancel or otherwise nullify a contract to provide payments under this subsection if the Secretary determines that the producer— ‘‘(A) is not pursuing organic certification or ‘‘( B ) is not in compliance with the O rganic Foods Production Act of 1 9 90 (7 U.S.C. 6501 et se q ). ’ ’. SEC.2504 .E VALU A TION O F A P PLICATIONS. Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa – 3) is amended to read as follows

‘SEC. 1 240C. EVALUATION OF APPLICATIONS. ‘‘(a) E V ALUATION CRITERIA.—The Secretary shall develop cri- teria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed. ‘‘(b) PRIORITI Z ATION OF A P PLICATIONS.—In evaluating applica- tions under this chapter, the Secretary shall prioriti z e applica- tions— ‘‘(1) based on their overall level of cost-effectiveness to ensure that the conservation practices and approaches proposed are the most efficient means of achieving the anticipated environmental benefits of the pro j ect; ‘‘(2) based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns; ‘‘(3) that best fulfill the purpose of the environmental quality incentives program specified in section 1240(1); and ‘‘(4) that improve conservation practices or systems in place on the operation at the time the contract offer is accepted or that will complete a conservation system. ‘‘(c) G ROUPING OF APPLICATIONS.—To the greatest extent prac- ticable, the Secretary shall group applications of similar crop or livestock operations for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming oper- ations.’’. SEC. 2505. D UTIES OF P R ODUCERS UNDER ENVIRON M ENTAL Q UALIT Y INCENTIVES PRO G RAM. Section 1240 D of the Food Security Act of 1985 (16 U.S.C. 3839aa–4) is amended— (1) in the matter preceding paragraph (1), by striking ‘‘tech- nical assistance, cost-share payments, or incentive’’; (2) in paragraph (2), by striking ‘‘farm or ranch’’ and inserting ‘‘farm, ranch, or forest land’’; and

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