281 



clauses <1), (2), (3). (4), and (6) of section 590g (a) 

 of this title; section 590p(b) of this title; the Water 

 Bank Act; in enlarging fish and wildlife and recrea- 

 tion sources; in improving the level of management 

 of nonindustrlal private forest lands; and in pro- 

 viding long-term wildlife and upland game cover. 

 In carrying out the provisions of this chapter, due 

 regard shall be given to the maintenance of a con- 

 tinuing and stable supply of agricultural commod- 

 ities and forest products adequate to meet consumer 

 demand at prices fair to both producers and con- 

 sumers. (Pub. L. 91-524, title X. § 1001, as added Pub. 

 L. 93-86. § 1(28), Aug. 10, 1973, 87 Stat. 241, and 

 amended Pub. L. 93-125, § Kg) (D, Oct. 18, 1973, 87 



Stat. 450.) 



Amendments 

 1973 — Pub. L. 93-125 provided for corrective changes 

 In format of this section by transferring pars. (1) to (4) 

 to section 1503(a) of this title, which, as originally en- 

 acted, contained pars. (6) and (6) but failed to contain 

 pars. (1) to (4). See section 1503(a) of this title. 



§ 1502. Plan of farming operations or land use; neces- 

 sity for contract applicants to furnish Secretary; 

 contents of plan. 



Eligible landowners and operators for contracts 

 imder this chapter shall furnish to the Secretary a 

 plan of fanning operations or land use which In- 

 corporates such practices and principles as may be 

 determined by him to be practicable and which out- 

 lines a schedule of proposed changes, If any. In crop- 

 ping systems or land use and of the conservation 

 measures which are to be carried out on the farm, 

 ranch, wetland, forests, or other land during the con- 

 tract period to protect the farm, ranch, wetland, 

 forests or other land and surrounding areas, Its 

 wildlife, and nearby populace and communities from 

 erosion, deterioration, pollution by natural and man- 

 made causes or to insure an adequate supply of tim- 

 ber and related forest products. Said plans may also. 

 In Important migratory waterfowl nesting and 

 breeding areas which are identified in a conservation 

 plan developed in cooperation with a soil and water 

 conservation district in which the lands are located, 

 and under such rules and regulations as the Secre- 

 tary may provide. Include a schedule of proi>osed 

 changes, if any, to conserve surface waters and pre- 

 serve and improve habitat for migratory waterfowl 

 and other wildlife resources and Improve subsurface 

 moisture, including, subject to the provisions of sec- 

 tion 1501 of this title, the reduction of areas of new 

 land coming into production, the enhancement of 

 the natural beauty of the landscape, and the promo- 

 tion of comprehensive and total water management 

 study. (Pub. L. 91-524, title X, § 1002, as added Pub. 

 L. 93-86. § 1(28). Aug. 10. 1973, 87 Stat. 242.) 



§ 1503. Contracts. 



(a) Approved conservation plans as basis; duties of 

 landowner or operator under contracts. 

 Approved conservation plans of eligible land- 

 owners and operators developed In cooperation with 

 the soU and water conservation district or the State 

 forester or other appropriate State official In which 

 their lands are situated shall form a basis for con- 

 tracts under this chapter. Under the contract the 

 landowner or operator shall agree — 



(1) to effectuate the plan for his farm, ranch, 

 forest, wetland, or other land substantially In ac- 

 cordance with the^chedule outlined therein; 



(2) to forfeit all rights to further payments or 

 grants under the contract and refund to the United 

 States all payments or grants received thereunder 

 upon his violation of the contract at any stage 

 dtuing the time he has control of the land If the 

 Secretary, after considering the recommendations 

 of the Soil and Water Conservation District Board, 

 or the State forester or other appropriate official 

 In a contract entered Into imder the provisions of 

 section 1509 of this title, determines that such 

 violation is of such a nature as to warrant termi- 

 nation of the contract, or to make refunds or ac- 

 cept such payment adjustments as the Secretary 

 may deem appropriate if he determines that the 

 violation by the owner or operator does not war- 

 rant termination of the contract; 



(3) upon transfer of his right and Interest In 

 the farm, ranch, forest, wetland, or other land 

 during the contract period to forfeit all rights to 

 further payments or grants under the contract 

 and refund to the United States all payments or 

 grants received thereunder unless the transferee 

 of any such land agrees with the Secretary to 

 assume all obligations of the contract; 



(4) not to adopt any practice specified by the 

 Secretary In the contract as a practice which 

 would tend to defeat the purposes of the contract; 



(5) to comply with all applicable Federal, State, 

 or local laws, and regulations. Including those gov- 

 erning environmental protection and noxious 

 weed abatement; and 



(6) to such additional provisions as the Secre- 

 tary determines are desirable and Includes In the 

 contract to effectuate the purposes of the program 

 or to facilitate the practical administration of the 

 program: Provided, That all contracts entered Into 

 to effectuate the purposes of the Water Bank Act 

 for wetlands shall contain the further agreement 

 of the owner or ojjerator that he shall not drain, 

 bum, fill, or otherwise destroy the wetland char- 

 acter of such areas, nor use such areas for agri- 

 cultural purposes: And provided further. That 

 contracts entered into for the protection of wet- 

 lands to effectuate the purposes of the Water Bank 

 Act may Include wetlands covered by Federal or 

 State government easement which permits agri- 

 cultural use, together with such adjacent areas as 

 determined desirable by the Secretary. 



(b) Duties of Secretary under contracts; shared costs. 

 In return for such agreement by the landowner 

 or operator the Secretary shall agree to make pay- 

 ments In appropriate circumstances for the use of 

 land maintained for conservation purposes as set 

 forth in this chapter, and share the cost of carrying 

 out those conservation practices and measures set 

 forth in the contract for which he determines that 

 cost-sharing is appropriate and in the public Interest. 

 The portion of such cost (including labor) to be 

 shared shall be that part which the Secretary deter- 

 mines is necessary and appropriate to effectuate the 

 physical Installation of the conservation practices 

 and measures under the contract, but, in the case 

 of a contract not entered into under an advertising 



