16 U.S. Code § 3835 - Contracts
The Secretary may modify or waive a term or condition of a contract entered into under this subpart in order to permit all or part of the land subject to such contract to be devoted to the production of an agricultural commodity during a crop year, subject to such conditions as the Secretary determines are appropriate.
At least 90 days before taking any action to terminate under paragraph (1) all conservation reserve contracts entered into under this subpart, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate written notice of the action.
During fiscal year 2015, the Secretary shall allow a participant that entered into a contract under this subpart to terminate the contract at any time if the contract has been in effect for at least 5 years.
The termination shall not relieve the participant of liability for a contract violation occurring before the date of the termination.
If a contract entered into under this subpart is terminated under this subsection before the end of the fiscal year for which a rental payment is due, the Secretary shall provide a prorated rental payment covering the portion of the fiscal year during which the contract was in effect.
The termination of a contract entered into under this subpart shall not affect the ability of the owner or operator that requested the termination to submit a subsequent bid to enroll the land that was subject to the contract into the conservation reserve.
If land that was subject to a contract is returned to production of an agricultural commodity, the conservation requirements under subchapters II and III of this chapter shall apply to the use of the land to the extent that the requirements are similar to those requirements imposed on other similar land in the area, except that the requirements may not be more onerous than the requirements imposed on other land.
The Secretary may terminate or modify a contract entered into under this subpart if eligible land that is subject to such contract is transferred into the agricultural conservation easement program under subchapter VII.
The Organic Foods Production Act of 1990, referred to in subsec. (f)(1)(A)(ii), is title XXI of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3935, which is classified generally to chapter 94 (§ 6501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of Title 7 and Tables.
A prior section 3835, Pub. L. 99–198, title XII, § 1235, Dec. 23, 1985, 99 Stat. 1513; Pub. L. 100–233, title VIII, § 801, Jan. 6, 1988, 101 Stat. 1710; Pub. L. 101–624, title XIV, § 1447(a), Nov. 28, 1990, 104 Stat. 3605; Pub. L. 104–127, title III, § 332(c), Apr. 4, 1996, 110 Stat. 994, related to contracts, prior to the general amendment of this subpart by Pub. L. 107–171.
2014—Subsec. (e)(1)(A). Pub. L. 113–79, § 2006(a)(1), substituted “During fiscal year 2015, the Secretary” for “The Secretary” and struck out “before January 1, 1995,” after “under this subpart”.
Subsec. (e)(2)(C) to (J). Pub. L. 113–79, § 2006(a)(2), added subpars. (C) to (J) and struck out former subpar. (C) which read as follows: “Other land of high environmental value (including wetland), as determined by the Secretary.”
Subsec. (e)(3). Pub. L. 113–79, § 2006(a)(3), substituted “upon approval by the Secretary” for “60 days after the date on which the owner or operator submits the notice required under paragraph (1)(C)”.
Subsec. (f)(1). Pub. L. 113–79, § 2006(b)(1)(A), substituted “Transition to covered farmer or rancher” for “Duties of the Secretary” in heading and, in introductory provisions, substituted “In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a retired farmer or rancher to a beginning farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) of title 7), or a” for “In the case of a contract modification approved in order to facilitate the transfer, as described in subsection (c)(1)(B)(iii), of land to a beginning farmer or rancher or”.
Subsec. (f)(1)(A)(i). Pub. L. 113–79, § 2006(b)(1)(B), inserted “, including preparing to plant an agricultural crop” after “improvements”.
Subsec. (f)(1)(D). Pub. L. 113–79, § 2006(b)(1)(C), substituted “the covered farmer or rancher” for “the farmer or rancher”.
Subsec. (f)(1)(E). Pub. L. 113–79, § 2006(b)(1)(D), substituted “section 1308” for “section 1308–1(b)(3)(B)”.
Subsec. (f)(2)(A). Pub. L. 113–79, § 2006(b)(2), substituted “option pursuant to section 3834(d)(2)(A)(ii)” for “requirement of section 3831(h)(4)(B)”.
Subsecs. (g), (h). Pub. L. 113–79, § 2006(c), added subsecs. (g) and (h).
2008—Subsec. (c)(1)(B)(iii), (iv). Pub. L. 110–246, § 2111(a), added cl. (iii) and redesignated former cl. (iii) as (iv).
Subsec. (f). Pub. L. 110–246, § 2111(b), added subsec. (f).
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
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