1994 US Code
Title 16 - CONSERVATION
CHAPTER 34 - RURAL ENVIRONMENTAL CONSERVATION PROGRAM
Sec. 1503 - Contracts

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§1503. Contracts (a) Approved conservation plans as basis; duties of landowner or operator under contracts

Approved conservation plans of eligible landowners and operators developed in cooperation with the soil and water conservation district or the State forester or other appropriate State official in which their lands are situated shall form a basis for contracts under this chapter. Under the contract the landowner or operator shall agree—

(1) to effectuate the plan for his farm, ranch, forest, wetland, or other land substantially in accordance with the schedule outlined therein;

(2) to forfeit all rights to further payments or grants under the contract and refund to the United States all payments or grants received thereunder upon his violation of the contract at any state during the time he has control of the land if the Secretary, after considering the recommendations of the Soil and Water Conservation District Board, or the State forester or other appropriate official in a contract entered into under the provisions of section 1509 1 of this title, determines that such violation is of such a nature as to warrant termination of the contract, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the contract;

(3) upon transfer of his right and interest in the farm, ranch, forest, wetland, or other land during the contract period to forfeit all rights to further payments or grants under the contract and refund to the United States all payments or grants received thereunder unless the transferee of any such land agrees with the Secretary to assume all obligations of the contract;

(4) not to adopt any practice specified by the Secretary in the contract as a practice which would tend to defeat the purposes of the contract;

(5) to comply with all applicable Federal, State, or local laws, and regulations, including those governing environmental protection and noxious weed abatement; and

(6) to such additional provisions as the Secretary determines are desirable and includes in the contract to effectuate the purposes of the program or to facilitate the practical administration of the program: Provided, That all contracts entered into to effectuate the purposes of the Water Bank Act [16 U.S.C. 1301 et seq.] for wetlands shall contain the further agreement of the owner or operator that he shall not drain, burn, fill, or otherwise destroy the wetland character of such areas, nor use such areas for agricultural purposes: And provided further, That contracts entered into for the protection of wetlands to effectuate the purposes of the Water Bank Act may include wetlands covered by Federal or State government easement which permits agricultural use, together with such adjacent areas as determined desirable by the Secretary.

(b) Duties of Secretary under contracts; shared costs

In return for such agreement by the landowner or operator the Secretary shall agree to make payments in appropriate circumstances for the use of land maintained for conservation purposes as set forth in this chapter, and share the cost of carrying out those conservation practices and measures set forth in the contract for which he determines that cost-sharing is appropriate and in the public interest. The portion of such cost (including labor) to be shared shall be that part which the Secretary determines is necessary and appropriate to effectuate the physical installation of the conservation practices and measures under the contract, but, in the case of a contract not entered into under an advertising and bid procedure under the provisions of section 1509(d) 1 of this title, not less than 50 per centum or more than 75 per centum of the actual costs incurred by the owner or operator.

(c) Termination and modification of contracts

The Secretary may terminate any contract with a landowner or operator by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of contracts previously entered into as he may determine to be desirable to carry out the purposes of the program or facilitate the practical administration thereof or to accomplish equitable treatment with respect to other similar conservation, land use, or commodity programs administered by the Secretary.

(Pub. L. 91–524, title X, §1003, as added Pub. L. 93–86, §1(28), Aug. 10, 1973, 87 Stat. 242; amended Pub. L. 93–125, §1(g)(i), Oct. 18, 1973, 87 Stat. 450.)

References in Text

The Water Bank Act, referred to in subsec. (a)(6), is Pub. L. 91–559, Dec. 19, 1970, 84 Stat. 1468, as amended, which is classified generally to chapter 29 (§1301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

Section 1509 of this title, referred to in subsecs. (a)(2) and (b), was repealed by Pub. L. 95–313, §13(a)(7), July 1, 1978, 92 Stat. 374.

Amendments

1973—Subsec. (a). Pub. L. 93–125 provided for corrective changes in format, which as originally enacted, contained pars. (5) and (6) but failed to contain pars. (1) to (4), by transferring from section 1501 of this title pars. (1) to (4) as set out herein.

Section Referred to in Other Sections

This section is referred to in sections 1508, 2103 of this title.

1 See References in Text note below.