12 2 STA T . 1 06 0 PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8‘ ‘ (2)LIM I TA TI ON ON P A Y M E NT AMO U NT S.—Apayment t o a p r o duc er f or perform i n g a practice may not e x ceed , a s deter - mined b yt h e S ecretary— ‘‘(A) 75 percent of the costs associated w ith p l anning, design, materials, e q uipment, installation, labor, manage- ment, maintenance, or training
‘‘( B ) 10 0 percent of income foregone by the producer; or ‘‘( C ) in the case of a practice consisting of elements co v ered under subparagraphs (A) and (B)— ‘‘(i) 75 percent of the costs incurred for those ele- ments covered under subparagraph (A); and ‘‘(ii) 100 percent of income foregone for those ele- ments covered under subparagraph (B). ‘‘( 3 ) SPE C IA LR ULE IN V OLVIN G PAYMENTS F OR FOREGONE INCOME.— I n determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great signifi- cance to a practice that, as determined by the Secretary, pro- motes— ‘‘(A) residue management; ‘‘(B) nutrient management; ‘‘(C) air quality management; ‘‘( D ) invasive species management; ‘‘( E ) pollinator habitat; ‘‘( F ) animal carcass management technology; or ‘‘( G ) pest management. ‘‘( 4 ) INCREASE D PAYMENTS FOR CERTAIN PRODUCERS.— ‘‘(A) IN GENERAL.— N otwithstanding paragraph (2), in the case of a producer that is a limited resource, socially disadvantaged farmer or rancher or a beginning farmer or rancher, the Secretary shall increase the amount that would otherwise be provided to a producer under this sub- section— ‘‘(i) to not more than 9 0 percent of the costs associ- ated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and ‘‘(ii) to not less than 25 percent above the otherwise applicable rate. ‘‘(B) ADVANCE PAYMENTS.—Not more than 30 percent of the amount determined under subparagraph (A) may be provided in advance for the purpose of purchasing mate- rials or contracting. ‘‘(5) FINANCIAL ASSISTANCE FROM OT H ER SOURCES.—Except as provided in paragraph ( 6 ), any payments received by a producer from a State or private organi z ation or person for the implementation of one or more practices on eligible land of the producer shall be in addition to the payments provided to the producer under this subsection. ‘‘(6) O THER PAYMENTS.—A producer shall not be eligible for payments for practices on eligible land under the program if the producer receives payments or other benefits for the same practice on the same land under another program under this subtitle. ‘‘(e) M ODIFICATION OR T ERMINATION OF CONTRACTS.—
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