§ 3834. Payments
(a)
Timing
The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—
(b)
Federal percentage of cost sharing payments
(1)
In general
In making cost sharing payments to an owner or operator under a contract entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under each contract for which the Secretary determines that cost sharing is appropriate and in the public interest.
(2)
Limitation
The Secretary shall not make any payment to an owner or operator under this subpart to the extent that the total amount of cost sharing payments provided to the owner or operator from all sources would exceed 100 percent of the total cost of establishing measures and practices described in paragraph (1).
(3)
Trees, windbreaks, shelterbelts, and wildlife corridors
(A)
Applicability
This paragraph applies to—
(B)
Payments
(i)
Percentage
In making cost share payments to an owner or operator of land described in subparagraph (A), the Secretary shall pay 50 percent of the reasonable and necessary costs incurred by the owner or operator for maintaining trees or shrubs, including the cost of replanting (if the trees or shrubs were lost due to conditions beyond the control of the owner or operator) or thinning.
(4)
Hardwood tree planting
The Secretary may permit owners or operators that contract to devote at least 10 acres of land to the production of hardwood trees under this subpart to extend the planting of the trees over a 3-year period if at least 1/3 of the trees are planted in each of the first 2 years.
(c)
Annual rental payments
(1)
In general
In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland normally devoted to the production of an agricultural commodity to less intensive use, the Secretary may consider, among other things, the amount necessary to encourage owners or operators of highly erodible cropland to participate in the program established by this subpart.
(2)
Method of determination
The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through—
(3)
Acceptance of contract offers
(A)
Evaluation of offers
In determining the acceptability of contract offers, the Secretary may take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, or wildlife habitat or provide other environmental benefits.
(B)
Establishment of different criteria in various States and regions
The Secretary may establish different criteria for determining the acceptability of contract offers in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated.
(C)
Local preference
In determining the acceptability of contract offers for new enrollments, the Secretary shall accept, to the maximum extent practicable, an offer from an owner or operator that is a resident of the county in which the land is located or of a contiguous county if, as determined by the Secretary, the land would provide at least equivalent conservation benefits to land under competing offers.
(4)
Hardwood tree acreage
In the case of acreage enrolled in the conservation reserve established under this subpart that is to be devoted to hardwood trees, the Secretary may consider bids for contracts under this subsection on a continuous basis.
(5)
Rental rates
(A)
Annual estimates
The Secretary (acting through the National Agricultural Statistics Service) shall conduct an annual survey of per acre estimates of county average market dryland and irrigated cash rental rates for cropland and pastureland in all counties or equivalent subdivisions within each State that have 20,000 acres or more of cropland and pastureland.
(d)
Cash or in-kind payments
(1)
In general
Except as otherwise provided in this section, payments under this subpart—
(2)
Method of providing in-kind payments
If the payment to an owner or operator is made with in-kind commodities, the payment shall be made by the Commodity Credit Corporation—
(e)
Payments on death, disability, or succession
If an owner or operator that is entitled to a payment under a contract entered into under this subpart dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person that renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(f)
Payment limitation for rental payments
(1)
In general
The total amount of rental payments, including rental payments made in the form of in-kind commodities, received by a person or legal entity, directly or indirectly, under this subpart for any fiscal year may not exceed $50,000.
(2)
Repealed. Pub. L. 110–234, title II, § 2110(c)(2), May 22, 2008, 122 Stat. 1035, and Pub. L. 110–246, § 4(a), title II, § 2110(c)(2), June 18, 2008, 122 Stat. 1664, 1763
(3)
Other payments
Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002.
(4)
Special conservation reserve enhancement program
(A)
In general
The provisions of this subsection that limit payments to any person or legal entity, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (7 U.S.C. 1308 note ; Public Law 100–203), shall not be applicable to payments received by a State, political subdivision, or agency thereof in connection with agreements entered into under a special conservation reserve enhancement program carried out by that entity that has been approved by the Secretary.
(g)
Other State or local assistance
In addition to any payment under this subpart, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling land in the conservation reserve program.