16 U.S. Code § 3838c - Duties of the Secretary
The Secretary shall make payments under a conservation security contract as soon as practicable after October 1 of each fiscal year.
A payment for a conservation practice under this paragraph shall be determined in accordance with subparagraphs (C) through (E).
A producer shall not receive payments under the conservation security program and any other conservation program administered by the Secretary for the same practices on the same land.
To be eligible to receive a payment under this subpart, an individual or entity shall make contributions (including contributions of land, labor, management, equipment, or capital) to the operation of the farm that are at least commensurate with the share of the proceeds of the operation of the individual or entity.
In determining a payment under subsection (b) for a producer that receives a payment under another program administered by the Secretary that is contingent on complying with requirements under subchapter II or III (relating to the use of highly erodible land or wetland), a payment under this subpart on land subject to those requirements shall be for practices only to the extent that the practices exceed minimum requirements for the producer under those subchapters, as determined by the Secretary.
Except as provided in paragraph (2), the transfer, or change in the interest, of a producer in land subject to a conservation security contract shall result in the termination of the conservation security contract.
Paragraph (1) shall not apply if, not later than 60 days after the date of the transfer or change in the interest in land, the transferee of the land provides written notice to the Secretary that all duties and rights under the conservation security contract have been transferred to, and assumed by, the transferee.
In entering into conservation security contracts with producers under this subpart, the Secretary shall not use competitive bidding or any similar procedure.
For each of fiscal years 2003 through 2007, the Secretary shall provide technical assistance to producers for the development and implementation of conservation security contracts, in an amount not to exceed 15 percent of amounts expended for the fiscal year.
A prior section 3838c, Pub. L. 99–198, title XII, § 1238C, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3594, related to lands eligible for enrollment in water quality protection program, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007.
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