16 USC 3834 - Payments

U.S Code last checked for updates: Nov 22, 2024

§ 3834.

Payments

(a)

Timing

The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—

(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

(2)

Limitations

(A)

In general

(B)

Mid-contract management grazing

(C)

Seed cost

(3)

Other Federal cost share assistance

(4)

Practice incentives for continuous practices

(c)

Forest management incentive payments

(1)

In general

(2)

Limitation

(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 subpart;

(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

(B)

Multiple enrollments

(i)

In general

(ii)

Conservation reserve enhancement program

(C)

Grasslands

(D)

Continuous sign-up incentives

(3)

Acceptance of contract offers

(A)

Evaluation of offers

(B)

Establishment of different criteria in various States and regions

(C)

Local preference

(4)

Rental rates

(A)

Annual estimates

(B)

Public availability of estimates

(C)

Use

(D)

Submission of additional information by State FSA offices and CREP partners

(i)

In general

(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

(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

(2)

Advance payment

(f)

Payments on death, disability, or succession

(g)

Payment limitation for rental payments

(1)

In general

(2)

Wellhead protection

(h)

Other State or local assistance

(Pub. L. 99–198, title XII, § 1234, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 245; amended Pub. L. 110–234, title II, §§ 2109, 2110(a), (b)(1), (c), May 22, 2008, 122 Stat. 1034, 1035; Pub. L. 110–246, § 4(a), title II, §§ 2109, 2110(a), (b)(1), (c), June 18, 2008, 122 Stat. 1664, 1762, 1763; Pub. L. 113–79, title II, § 2005, Feb. 7, 2014, 128 Stat. 718; Pub. L. 115–334, title II, § 2207, Dec. 20, 2018, 132 Stat. 4546.)

cite as: 16 USC 3834