292 



during the period ending not later than December 

 31, 1981. with respect to farms, ranches, and other 

 land'' -ii counties in the Great Plains area of the 

 States of Colorado, Kansas, Montana, Nebraska, 

 New Mexico. North Dakota, Oklahoma. South Da- 

 ko>^, Texas, and Wyoming, designated by the 

 Secretary as susceptible to serious wind erosion by 

 reason of their soil types, terrain, and climatic and 

 other factors. The land owner or operator shall 

 furnish to the Secretary a plan of farming opera- 

 tions or land use which incorporates such soil and 

 water conservation practices and principles as may 

 be determined by him to be practicable for maxi- 

 mum mitigation of climatic hazards of the area 

 in which such land is located, and which outlines 

 a schedule of proposed changes in cropping sys- 

 tems or land use and of the conservation measures 

 which are to be carried out on the farm, ranch, or 

 other land during the contract period to protect 

 the farm, ranch, or other land from erosion and 

 deterioration by natural causes. Such plan may 

 also include practices and measures for (a) en- 

 hancing fish and wildlife and recreation re- 

 sources, (b) promoting the economic use of land, 

 and (c) reducing or controlling agricultural re- 

 lated pollution. Inclusion in the farm plan of these 

 practices shall be the exclusive decision of the land 

 owner or operator. Approved conservation plans 

 of land owners and operators developed in coopera- 

 tion with the soil and water conservation district 

 in which their lands are situated shall form a basis 

 for contracts. Under the contract the land owner 

 or operator shall agree — 



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

 or other land substantially in accordance with 

 the scnedule outlined therein uiUess any require- 

 ment thereof is waived or modified by the Sec- 

 retary pursuant to paragraph (3) of this sub- 

 section; 



(ii) 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 during the time he has control of the 

 land if the Secretary, after considering the rec- 

 ommendations of the soil and water conservation 

 district board, determines that such violation is 

 of such a nature as to warrant termination of 

 the contract, or to make refunds or accept such 

 payment adjustments as the Secretary may 

 deem appropriate if he determines that the vio- 

 lation by the owner or operator does not war- 

 rant termination of the contract: 



'Ui) upon transfer of his right and interest 

 in the farm, ranch, or other land during the 

 contract period to forfeit all rights to further 

 payments or grants under the contract and re- 

 fund 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; 



(iv) 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; 



(V) to such additional provisions as the Sec- 

 retary determines are desirable and includes in 

 the contract to effectuate the purposes of the 

 program or to facilitate the practical adminis- 

 tration of the program. 



In return for such agreement by the landowner 

 or operator the Secretary shall agree to 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 determines is necessary and 

 appropriate to effectuate the physical installation 

 of the conservation practices and measures under 

 the contract; 



(2) the Secretary may terminate any contract 

 with a land owner or operator by mutual agree- 

 ment with the owner or operator if the Secretary 

 determines that such termination would be in the 

 public interest, and may agree to such modification 

 of contracts previously entered into as he may de- 

 termine to be desirable to carry out the purposes of 

 the program or facilitate the practical adminis- 

 tration thereof or to accomplish equitable treat- 

 ment with respect to other similar conservation, 

 land use, or commodity programs administered by 

 the Secretary; 



(3). (4) Repealed. Pub. L. 89-321, title VI, 

 § 602(g). Nov. 3, 1965, 79 Stat. 1208. 



<5) in applying the provisions of paragraph (6) 

 of section 1340 of Title 7, relating to the reduction 

 of storage amount of wheat, any acreage diverted 

 from the production of wheat under the program 

 carried out under this subsection shall be regarded 

 as wheat acreage: 



(6) the Secretary shall utilize the technical 

 services of agencies of the Department of Agri- 

 culture in determining the scope and provisions of 

 any plan and the acceptability of the plan for 

 effectuating the purposes of the program. In ad- 

 dition the Secretary shall take into consideration 

 programs of State and local agencies, including 

 soil conservation districts, having for their pur- 

 poses the objectives of maximum soil and water 

 conservation: 



(7) there is hereby authorized to be appropri- 

 ated, without fiscal year limitations, such sums as 

 may be necessary to carry out this subsection: 

 Provided, That the total cost of the program (ex- 

 cluding administrative costs) shall not exceed 

 $300,000,000, and for any program year payments 

 shall not exceed $25,000,000. The funds made 

 available for the program under this subsection 

 may be expended without regard to the maximum 

 payment limitation and small payment increases 

 required under section 590h(e) of this title, and 

 may be distributed among States without regard 

 to distribution of funds formulas of section 590o 

 of this title. The program authorized under this 

 subsection shall be in addition to, and not in sub- 

 stitution of, other programs in such area author- 

 ized by this or any other Act. 



