Sec. 1234. PAYMENTS
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## SEC. 1234 PAYMENTS **[**[16 U.S.C. 3834](/us/usc/t16/s3834)**]** ###
(a)Timing The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subchapter— ####
(1)with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as practicable after the obligation is incurred; and ####
(2)with respect to any annual rental payment obligation incurred by the Secretary— #####
(A)as soon as practicable after October 1 of each calendar year; or #####
(B)at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred. ###
(b)Cost Sharing Payments ####
(1)In general In making cost sharing payments to an owner or operator under a contract entered into under this subchapter, 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)Limitations #####
(A)In general The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subchapter, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary. #####
(B)Mid-contract management grazing The Secretary may not make any cost sharing payment to an owner or operator under this subchapter pursuant to section 1232(a)(5). #####
(C)Seed cost In the case of seed costs related to the establishment of cover, cost sharing payments under this subchapter shall not exceed 50 percent of the actual cost of the seed mixture, as determined by the Secretary. ####
(3)Other federal cost share assistance Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under section 1231A, an owner or operator shall not be eligible to receive or retain cost share assistance under this subsection if the owner or operator receives any other Federal cost share assistance with respect to the land under any other provision of law. ####
(4)Practice incentives for continuous practices In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to an owner or operator of land enrolled under section 1231(d)(6) in an amount not to exceed 50 percent of the actual cost of establishing all measures and practices described in paragraph (1), including seed costs related to the establishment of cover, as determined by the Secretary. ###
(c)Forest Management Incentive Payments ####
(1)In general Using funds made available under section 1241(a)(1)(A), the Secretary may make incentive payments to an owner or operator of eligible land in an amount sufficient to encourage proper thinning and other practices to improve the condition of resources, promote forest management, or enhance wildlife habitat on the land. ####
(2)Limitation A payment described in paragraph
(1)may not exceed 100 percent of the total cost of thinning and other practices conducted by the owner or operator. ###
(d)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 or other eligible lands normally devoted to the production of an agricultural commodity to less intensive use, the Secretary shall consider— #####
(A)the amount necessary to encourage owners or operators of highly erodible cropland or other eligible lands to participate in the program established by this subchapter; #####
(B)the impact on the local farmland rental market; and #####
(C)such other factors as the Secretary determines to be appropriate. ####
(2)Methods of determination #####
(A)In general The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subchapter may be determined through the submission of applications for such contracts by owners and operators in such manner as the Secretary may prescribe. #####
(B)Multiple enrollments ######
(i)In general Subject to clause (ii), if land subject to a contract entered into under this subchapter is reenrolled under section 1231(h)(1) or has been previously enrolled in the conservation reserve, the annual rental payment shall be in an amount that is not more than 85 percent in the case of general enrollment contacts, or 90 percent in the case of continuous enrollment contracts, of the applicable estimated average county rental rate published pursuant to paragraph
(4)for the year in which the reenrollment occurs. ######
(ii)Conservation reserve enhancement program The reduction in annual rental payments under clause
(i)may be waived as part of the negotiation between the Secretary and an eligible partner to enter into a conservation reserve enhancement program agreement under section 1231A. #####
(C)Grasslands Notwithstanding subparagraph (A), in the case of eligible land described in section 1231(b)(3), the Secretary shall make annual payments in an amount that is not more than 75 percent of the grazing value of the land covered by the contract. #####
(D)Continuous sign-up incentives The Secretary shall make an incentive payment to the owner or operator of land enrolled under section 1231(d)(6) at the time of initial enrollment in an amount equal to 32.5 percent of the amount of the first annual rental payment under subparagraph (A). ####
(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)Rental rates.—7 7Sec. 2110(b)(2) of the Food, Conservation, and Energy Act of 2008 (P.L. 110–246; 122 Stat. 1763) provided that “The first survey required by paragraph
(5)of section 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)), as added by subsection (a), shall be conducted not later than 1 year after the date of enactment of this Act.”. Paragraph
(4)was previously paragraph
(5)prior to its redesignation as paragraph
(4)by section 2207(c)(4) of P.L. 115–334. #####
(A)Annual estimates The Secretary (acting through the National Agricultural Statistics Service) shall annually conduct a 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, and shall publish the estimates derived from the survey not later than September 15 of each year. #####
(B)Public availability of estimates The estimates derived from the survey conducted under subparagraph
(A)and the average current and previous soil rental rates for each county shall be maintained on a website of the Department of Agriculture for use by the general public. #####
(C)Use The Secretary shall consider the estimates derived from the survey conducted under subparagraph
(A)relating to dryland cash rental rates as a factor in determining rental rates under this section in a manner determined appropriate by the Secretary. #####
(D)Submission of additional information by state fsa offices and crep partners ######
(i)In general The Secretary shall provide an opportunity for State Committees of the Farm Service Agency or eligible partners (as defined in section 1231A(a)) in conservation reserve enhancement programs under section 1231A to propose an alternative soil rental rate prior to finalizing new rates, on the condition that documentation described in clause
(ii)is provided to support the proposed alternative. ######
(ii)Acceptable documentation Documentation referred to in clause
(i)includes— ######
(I)an average of cash rents from a random sample of lease agreements; ######
(II)cash rent estimates from a published survey; ######
(III)neighboring county estimate comparisons from the National Agricultural Statistics Service; ######
(IV)an average of cash rents from Farm Service Agency farm business plans; ######
(V)models that estimate cash rents, such as models that use returns to estimate crop production or land value data; or ######
(VI)other documentation, as determined by the Secretary. ######
(iii)Notification Not less than 14 days prior to the announcement of new or revised soil rental rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, including information on and the rationale for the alternative rates proposed under clause
(i)that were accepted or rejected. #####
(E)Rental rate limitation Notwithstanding forest management incentive payments described in subsection (c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed— ######
(i)85 percent of the estimated rental rate determined under this paragraph for general enrollment; or ######
(ii)90 percent of the estimated rental rate determined under this paragraph for continuous enrollment. ###
(e)Payment Schedule ####
(1)In general Except as otherwise provided in this section, payments under this subchapter shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract. ####
(2)Advance payment Payments under this subchapter may be made in advance of determination of performance. ###
(f)Payments on Death, Disability, or Succession If an owner or operator that is entitled to a payment under a contract entered into under this subchapter 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. ###
(g)Payment Limitation for Rental Payments ####
(1)In general Except as provided in paragraph (2), the total amount of rental payments received by a person or legal entity, directly or indirectly, under this subchapter for any fiscal year may not exceed $50,000. ####
(2)Wellhead protection Paragraph
(1)and section 1001D(b) shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subchapter for the purpose of protecting a wellhead. ###
(h)Other State or Local Assistance In addition to any payment under this subchapter, 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.
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- 122 Stat. 1763
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