1466.23—Payment rates.
(a)
The State Conservationist or designated conservationist will develop a list of conservation practices, eligible for payment under the program, which considers:
(b)
Payment rates will be established by the State Conservationist or designated conservationist, with advice from the State Technical Committee and local working groups.
(c)
Determining payment rates. (1) A payment to a producer for performing a practice may not exceed, as determined by the State or designated conservationist:
(iii)
Both conditions in paragraphs (c)(1)(i) and (ii) of this section, where a producer incurs costs in implementing a conservation practice and foregoes income related to that practice implementation.
(iv)
When determining payments for income foregone, the State Conservationist may give higher priority to the following conservation practices:
(2)
Notwithstanding paragraph (c)(1)(ii) of this section, a farmer or rancher meeting the historically underserved producer designation in § 1466.3 may be awarded the applicable payment rate and an additional rate that is not less than 25 percent above the applicable rate, provided this increase does not exceed 90 percent of the incurred costs estimated for the conservation practice.
(3)
The payments to a participant will be reduced proportionately below the rate established by the State Conservationist or designated conservationist, to the extent that total financial contributions for a conservation practice from other sources exceed 100 percent of the estimated costs incurred for implementing or performing the conservation practice.
(4)
The State Conservationist shall provide payments for conservation practices on some or all of the operations of a producer related to organic production and the transition to organic production. Payments may not be made to cover the costs associated with organic certification or for practices that are eligible for cost-share payments under the National Organic Program (7 U.S.C. 6523 ).
(d)
Practice payment rates greater than 50 percent for estimated costs incurred, excluding those described in paragraph (c)(2) of this section, are to be approved by the Chief.
(e)
Subject to fund availability, the payment rates for conservation practices scheduled after the year of contract obligation may be adjusted to reflect increased costs.