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LegalText 16 U.S.C. § 3839aa4 Duties of producers us united_states_code code_section 16 CONSERVATION 58 ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM 3839aa4 16 U.S.C. § 3839aa4 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s3839aa4 data/legal/raw/us/code/title-16/usc16.xml 18b4531f8fa0af2a31e49c9eb0f3c7f88ef9c4fef2717b7fa159b09e8e16b72d 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 426ffc428f413a27101c40a99c848046cb2680ceefbd3b2b5ea6bf33ed77a577 2026-07-04 official
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16 U.S.C. § 3839aa4 - Duties of producers

Text

To receive payments under the program, a producer shall agree—

(1) to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary;

(2) not to conduct any practices on the enrolled land that would tend to defeat the purposes of the program;

(3) on the violation of a term or condition of the contract at anytime the producer has control of the land—

(A) if the Secretary determines that the violation warrants termination of the contract—

(i) to forfeit all rights to receive payments under the contract; and

(ii) to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the payments, as determined by the Secretary; or

(B) if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary determines to be appropriate;

(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all payments received under the program, as determined by the Secretary;

(5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and

(6) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan.

(Pub. L. 99198, title XII, § 1240D, as added Pub. L. 107171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110234, title II, § 2505, May 22, 2008, 122 Stat. 1062; Pub. L. 110246, § 4(a), title II, § 2505, June 18, 2008, 122 Stat. 1664, 1790; Pub. L. 11379, title II, § 2205, Feb. 7, 2014, 128 Stat. 730.)

Notes

Editorial Notes

Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246.

Prior ProvisionsA prior section 3839aa4, Pub. L. 99198, title XII, § 1240D, as added Pub. L. 104127, title III, § 334, Apr. 4, 1996, 110 Stat. 1000, related to duties of producers, prior to the general amendment of this part by Pub. L. 107171.

Amendments2014—Par. (2). Pub. L. 11379 substituted “enrolled” for “farm, ranch, or forest”. 2008—Pub. L. 110246, § 2505(1), struck out “technical assistance, cost-share payments, or incentive” before “payments” in introductory provisions. Par. (2). Pub. L. 110246, § 2505(2), substituted “farm, ranch, or forest land” for “farm or ranch”. Par. (4). Pub. L. 110246, § 2505(3), struck out “cost-share payments and incentive” before “payments”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.