Page:United States Statutes at Large Volume 104 Part 5.djvu/271

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3593 participant agrees to such modification and the Secretary determines such modifications are desirable— "(A) to carry out this chapter; "(B) if natural causes prevent the implementation, improvement or maintenance of practices as required under such contract; "(C) if the contract cannot be carried out without economic losses that threaten the viability of the farming operation; "(D) if the owner or operator and the Secretary agree on contract modifications that will not compromise the water quality goals and objectives in the existing contract and that will be no less effective or timely in achieving such goals and objectives than the existing contract; "(E) to facilitate the practical administration of this chapter; or "(F) to achieve such other goals as the Secretary determines are appropriate, consistent with this chapter. "(8) TERMINATION.—The Secretary may terminate an agreement entered into with a participant under this chapter if— "(A)(i) the producer agrees to such termination; or "(ii) the producer violates the terms and conditions of the agreement; and "(B) the Secretary determines that such termination would be in the public interest. "(9) REFUNDS.— The Secretary shall obtain refunds of incentive and cost share pa5mients with interest, to the extent determined by the Secretary to be in the public interest, if an agreement is terminated or violated. "(10) BASE AND YIELD PROTECTION. —An owner or operator Regulations agreeing to implement an approved water quality protection plan pursuant to this chapter shall, by regulations established by the Secretary, receive program payment yield and base protection on the farm during the agreement period. "(11) ACREAGE LEVELS. —The Secretary shall, to the extent practicable, seek to enter into agreements with participants to place into the program a total of 10 million acres during the 1991 through 1995 calendar years. "(b) CONTENT OF PLANS. —Agricultural water quality protection plans should include as applicable— "(1) a description of the prevailing farm enterprises, cropping patterns, and cultural practices, and other information that may be relevant to protecting water quality on the farm; (2) a description of farm resources, including soil characteristics, proximity to water bodies, and other relevant characteristics of the farm related to water quality; _ "(3) to the extent practicable, specific, quantitative water quality protection goals and objectives that will minimize contamination or degradation of surface or ground water; "(4) water quality protection practices that will, if implemented by a producer, assist such producer in complying with State and Federal environmental laws, and where appropriate, will complement conservation plans prepared for highly erodible lands under section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812); "(5) the specific agricultural production practices that will be implemented, improved and maintained, including practices Government contracts.