1470.21—Contract requirements.

(a) After a determination that the application will be approved and a conservation stewardship plan will be developed in accordance with § 1470.22, the State Conservationist or designee will enter into a conservation stewardship contract with the participant to enroll all of the eligible land on a participant's agricultural operation.
(b) The conservation stewardship contract will:
(1) Provide for payments over a period of 5 years;
(2) Incorporate by reference the conservation stewardship plan;
(3) State the payment amount NRCS agrees to make to the participant annually, subject to the availability of funds;
(4) Incorporate all provisions as required by law or statute, including requirements that the participant will:
(i) Implement the conservation stewardship plan approved by NRCS during the term of the contract,
(ii) Operate and maintain conservation activities on the agricultural operation consistent with § 1470.23 ,
(iii) Comply with the terms of the contract or documents incorporated by reference into the contract,
(iv) Refund as determined by NRCS, any program payments received with interest, and forfeit any future payments under the program, upon the violation of a term or condition of the contract, consistent with § 1470.27 ,
(v) Refund as determined by NRCS, all program payments received with interest, upon the transfer of the right and interest of the participant, in land subject to the contract, unless the transferee of the right and interest agrees to assume all obligations of the contract, consistent with § 1470.25 ,
(vi) Maintain and make available to NRCS upon request, appropriate records documenting applied conservation activity and production system information, and provide evidence of the effective and timely implementation of the conservation stewardship plan and contract, and
(vii) Not engage in any action during the term of the conservation stewardship contract on the eligible land covered by the contract that would interfere with the purposes of the conservation stewardship contract;
(5) Permit all economic uses of the land that:
(i) Maintain the agricultural or forestry nature of the land, and
(ii) Are consistent with the conservation purposes of the contract;
(6) Include a provision to ensure that a participant will not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the participant, including a disaster or related condition, as determined by the State Conservationist; and
(7) Include such other provisions as NRCS determines necessary to ensure the purposes of the program are achieved.