1466.21—Contract requirements.
(a)
In order for a participant to receive payments, the participant must enter into a contract agreeing to implement one or more conservation practices. Technical services may be included in the contract.
(1)
Identify all conservation practices to be implemented, the timing of practice installation, the operation and maintenance requirements for the practices, and applicable payments allocated to the practices under the contract;
(2)
Be for a minimum duration of one year after completion of the last practice, but not more than 10 years;
(3)
Incorporate all provisions as required by law or statute, including requirements that the participant will:
(i)
Not implement any practices within the agricultural or forestry operation that would defeat the program's purposes;
(ii)
Refund any program payments received with interest, and forfeit any future payments under the program, on the violation of a term or condition of the contract, consistent with the provisions of § 1466.26 ;
(iii)
Refund all program payments received on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees to assume all obligations, including operation and maintenance of the EQIP contract's conservation practices, consistent with the provisions of § 1466.25 ;
(iv)
Implement a comprehensive nutrient management plan when the EQIP contract includes an animal waste management facility;
(v)
Implement a forest management plan when the EQIP plan of operations addresses nonindustrial private forest land;
(vi)
Supply information as may be required by NRCS to determine compliance with the contract and program requirements;
(vii)
Specify the participant's responsibilities for operation and maintenance of the applied conservation practices, consistent with the provisions of § 1466.22; and
(c)
The participant must start at least one financially assisted practice within the first 12 months of signing a contract. If a participant, for reasons beyond their control, is unable to start conservation practice within the first year of the contract, the participant can request a waiver from the State Conservationist.
(d)
Each contract will be limited to no more than $300,000. The Chief may waive this contract limitation to allow up to $450,000 for projects of special environmental significance that include methane digesters, other innovative technologies, and projects that will result in significant environmental improvements. Projects of special environmental significance must meet the following criteria, as determined by the Chief:
(1)
Site-specific evaluation documents have been completed, documenting that the project will have substantial positive impacts on critical resources in or near the project area (e.g., impaired water bodies, at-risk species, drinking water supplies, or air quality attainment);
(2)
The project clearly addresses a national priority and State, Tribal, or local priority resource concerns, as applicable; and
(3)
The project assists the participant in complying with Federal, State, and local regulatory requirements.