§ 3839aa-2. Establishment and administration
(a)
Establishment
During each of the 2002 through 2012 fiscal years, the Secretary shall provide payments to producers that enter into contracts with the Secretary under the program.
(b)
Practices and term
(c)
Bidding down
If the Secretary determines that the environmental values of two or more applications for payments are comparable, the Secretary shall not assign a higher priority to the application only because it would present the least cost to the program.
(d)
Payments
(1)
Availability of payments
Payments are provided to a producer to implement one or more practices under the program.
(2)
Limitation on payment amounts
A payment to a producer for performing a practice may not exceed, as determined by the Secretary—
(3)
Special rule involving payments for foregone income
In determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great significance to a practice that, as determined by the Secretary, promotes—
(4)
Increased payments for certain producers
(A)
In general
Notwithstanding paragraph (2), in the case of a producer that is a limited resource, socially disadvantaged farmer or rancher or a beginning farmer or rancher, the Secretary shall increase the amount that would otherwise be provided to a producer under this subsection—
(5)
Financial assistance from other sources
Except as provided in paragraph (6), any payments received by a producer from a State or private organization or person for the implementation of one or more practices on eligible land of the producer shall be in addition to the payments provided to the producer under this subsection.
(e)
Modification or termination of contracts
(f)
Allocation of funding
For each of fiscal years 2002 through 2012, 60 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production.
(g)
Funding for federally recognized Native American Indian Tribes and Alaska Native Corporations
The Secretary may enter into alternative funding arrangements with federally recognized Native American Indian Tribes and Alaska Native Corporations (including their affiliated membership organizations) if the Secretary determines that the goals and objectives of the program will be met by such arrangements, and that statutory limitations regarding contracts with individual producers will not be exceeded by any Tribal or Native Corporation member.
(h)
Water conservation or irrigation efficiency practice
(1)
Availability of payments
The Secretary may provide payments under this subsection to a producer for a water conservation or irrigation practice.
(2)
Priority
In providing payments to a producer for a water conservation or irrigation practice, the Secretary shall give priority to applications in which—
(A)
consistent with the law of the State in which the eligible land of the producer is located, there is a reduction in water use in the operation of the producer; or
(B)
the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated production, unless the producer is participating in a watershed-wide project that will effectively conserve water, as determined by the Secretary.
(i)
Payments for conservation practices related to organic production
(1)
Payments authorized
The Secretary shall provide payments under this subsection for conservation practices, on some or all of the operations of a producer, related—
(2)
Eligibility requirements
As a condition for receiving payments under this subsection, a producer shall agree—
(3)
Payment limitations
Payments under this subsection to a person or legal entity, directly or indirectly, may not exceed, in the aggregate, $20,000 per year or $80,000 during any 6-year period. In applying these limitations, the Secretary shall not take into account payments received for technical assistance.