12 2 STA T . 1 789PUBLIC LA W 11 0– 2 46—J U NE 18 , 2008 ‘ ‘ (1)VOLUNTARYM O DIF I C ATION OR T E RMINATION .—TheS e c-r e ta r ym aym odif y or termi n ate a contract entered into w ith a p rod u cer under the pro g ram if— ‘‘( A ) the producer agree s to the modification or termi- nation
and ‘‘( B ) the Secretary determines that the modification or termination is in the pu bl ic interest. ‘‘( 2 ) I N V OLUNTARY TERMINATION.—The Secretary may terminate a contract under the program if the Secretary deter- mines that the producer v iolated the contract. ‘‘(f) ALLOCATION OF F UNDIN G .—For each of fiscal years 2 0 02 through 2012 ,6 0 percent of the funds made available for payments under the program shall be targeted at practices relating to live- stoc k production. ‘‘(g) FUNDING FOR FEDERALLY R ECOGNI Z ED N ATIVE AMERICAN INDIAN TRI B E S AND ALAS K A NATIVE C OR P ORATIONS.—The Secretary may enter into alternative funding arrangements with federally recogni z ed Native American Indian Tribes and Alaska Native Cor- porations (including their affiliated membership organizations) if the Secretary determines that the goals and ob j ectives of the pro- gram will be met by such arrangements, and that statutory limita- tions regarding contracts with individual producers will not be e x ceeded by any Tribal or Native Corporation member. ‘‘(h) W ATER CONSERVATION OR IRRIGATION E FFICIENCY P RAC- TICE.— ‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary may pro- vide payments under this subsection to a producer for a water conservation or irrigation practice. ‘‘(2) PRIORITY.—In providing payments to a producer for a water conservation or irrigation practice, the Secretary shall give priority to applications in which— ‘‘(A) consistent with the law of the State in which the eligible land of the producer is located, there is a reduction in water use in the operation of the producer; or ‘‘(B) the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated produc- tion, unless the producer is participating in a watershed- wide project that will effectively conserve water, as deter- mined by the Secretary. ‘‘(i) PAYMENTS FOR CONSERVATION PRACTICES RELATED TO O RGANIC PRODUCTION.— ‘‘(1) PAYMENTS AUT H ORIZED.—The Secretary shall provide payments under this subsection for conservation practices, on some or all of the operations of a producer, related— ‘‘(A) to organic production; and ‘‘(B) to the transition to organic production. ‘‘(2) ELIGIBILITY RE Q UIREMENTS.—As a condition for receiving payments under this subsection, a producer shall agree— ‘‘(A) to develop and carry out an organic system plan; or ‘‘(B) to develop and implement conservation practices for certified organic production that are consistent with an organic system plan and the purposes of this chapter.
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