12 2 STA T . 1 079PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8‘ ‘ (D)provide i n nov at ion in c on s ervation m et h ods and de l iver y, incl u din g outcome -b ased per f ormance measures and methods
or ‘‘( E ) meet other factors, as determined by the S ecretary . ‘‘(g) RELATIONSH I P TO C O V E R E DP RO G RA M S. — ‘‘( 1 ) COMPLIAN C E W ITH PROGRAM R U LES.—E x cept as pro- vided in paragraph ( 2 ), the Secretary shall ensure that resources made available under the I nitiative are delivered in accordance w ith the applicable rules of programs specified in subsection (c)(1) through normal program mechanisms relating to program functions, including rules governing appeals, payment limitations, and conservation compliance. ‘‘(2) A D J USTMENT.— T he Secretary may ad j ust the elements of any program specified in subsection (c)(1)— ‘‘(A) to better reflect uni q ue local circumstances and purposes if the Secretary determines such adjustments are necessary to achieve the purposes of the Initiative; and ‘‘( B ) to provide preferential enrollment to producers who are eligible for the applicable program and to partici- pate in the Initiative. ‘‘(h) TECHNICAL AND F INANCIAL ASSISTANCE.—The Secretary shall provide appropriate technical and financial assistance to pro- ducers participating in the Initiative in an amount determined to be necessary to achieve the purposes of the Initiative. ‘‘(i) FUNDING.— ‘‘(1) RESERVATION.— O f the funds and acres made available for each of fiscal years 2 0 0 9 through 2012 to implement the programs described in subsection (c)(1), the Secretary shall reserve 6 percent of the funds and acres to ensure an adequate source of funds and acres for the Initiative. ‘‘(2) ALLOCATION RE Q UIREMENTS.—Of the funds and acres reserved for the Initiative for a fiscal year, the Secretary shall allocate— ‘‘(A) 90 percent of the funds and acres to projects based on the direction of State conservationists, with the advice of State technical committees; and ‘‘(B) 10 percent of the funds and acres to projects based on a national competitive process established by the Secretary. ‘‘( 3 ) U NUSED F UNDING.—Any funds and acres reserved for a fiscal year under paragraph (1) that are not obligated by April 1 of that fiscal year may be used to carry out other activities under the program that is the source of the funds or acres during the remainder of that fiscal year. ‘‘( 4 ) ADMINISTRATIVE COSTS OF PARTNERS.—Overhead or administrative costs of partners may not be covered by funds provided through the Initiative. ’ ’. SEC.2708 . ADMIN IS TR ATI V ERE QU IREMENTS FO R CONSERVATION P RO G RAMS. Section 1244 of the Food Security Act of 19 85 (16 U.S.C. 3844), as amended by section 2 7 07, is further amended— (1) by stri k ing subsection (a) and inserting the following new subsection
‘‘(a) INCENTIVES FOR CERTAIN FARMERS AND RANCHERS AND INDIAN TRI B ES.—
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