§ 1410.32 - CRP contract.

§ 1410.32 CRP contract.

(a) In order to enroll land in the CRP, the participant producer must enter into a contract with CCC.

(b) The CRP contract is comprised of:

(1) The terms and conditions for participation in the CRP; and

(2) The CRP conservation plan; and

(3) Any other materials or agreements determined necessary by the Deputy Administrator

.

(c) For offers:

(1) In order to enter into a CRP contract, the producer must submit an offer to participate as provided in § 1410.30; .

(2) An offer to enroll land in CRP will be irrevocable for such period as is determined and announced by the Deputy AdministratorCCC. The producer will be liable to CCC for liquidated damages if the applicant producer revokes an offer during the period in which the offer is irrevocable , as determined by the Deputy Administrator. The Deputy Administrator may waive payment of such liquidated damages, if the Deputy Administrator determines that the assessment of such damages, in a particular case, is not in the best interest of CCC and CRPunless CCC determines to waive such liquidated damages.

(d) The CRP contract must, within the dates established by the Deputy AdministratorCCC, be signed by:

(1) The producer; and

(2) The owners of the cropland land to be placed enrolled in the CRP and other eligible participantsproducers, if applicable.

(e) The Deputy Administrator is authorized to approve CRP contracts on behalf of CCC.

(f

For the termination of CRP contracts:

(1) CRP contracts may be terminated in whole or in part by CCC before the

full term

end of the contract

has expired

period if:

(

1

i) The owner loses control of or transfers all or part of the acreage under the CRP contract and the new owner does not wish to continue the CRP contract;

(

2

ii) The participant voluntarily requests in writing to terminate the contract, in whole or in part, and obtains

the approval of the Deputy Administrator according to terms and conditions as determined by the Deputy Administrator; (3

approval from CCC;

(iii) The participant is not in compliance with the terms and conditions of the CRP contract;

(

4) Acreage

iv) All or part of the acreage under the CRP contract is enrolled in another Federal, State or local conservation program;

(

5

v) The CRP practice fails or is not established after a certain time period

, as determined by the Deputy Administrator,

and the cost of restoring the practice outweighs the benefits received from the restoration;

(

6

vi) The CRP contract was approved based on erroneous eligibility determinations; or

(

7) The Deputy Administrator determines that such a

vii) Such termination is needed in the public interest, or is otherwise necessary and appropriate to further the goals of CRP.

(

g) Except as allowed and approved by the Deputy Administrator, where the new owner of land enrolled in CRP is a Federal agency that agrees to abide by the terms and conditions of the terminated contract, the participant in a contract that has been terminated

2) A participant whose CRP contract has been terminated, in whole or in part in accordance with paragraph (e)(1) of this section, must refund all or part of the payments made by CCC with respect to the CRP contract, plus interest,

as determined by the Deputy Administrator,

and must also pay liquidated damages as provided for in the CRP contract

. The Deputy Administrator may permit the amount to be repaid to be reduced to the extent that such a reduction will not impair the purposes of CRP. Further, a refund of all payments need not be required from a participant who is otherwise in full compliance with the CRP contract when the land is purchased by or for the United States, as determined by the Deputy Administrator. (h) During the final year of the CRP contract's term, the

, if directed to do so by CCC.

(f) If a participant transfers all or part of the right and interest in, or right to occupancy of, land subject to a CRP contract and the new owner or operator becomes a successor to such contract within 60 days, or such other time as CCC determines to be appropriate, then such participant will not be required to refund previous payments received under the contract; provided, that no refunds of previous payments received will be required if such participant sells such land to, or such land is purchased for, the United States Fish and Wildlife Service; provided further, that no refunds of previous payments will be required if the person or entity to whom all or part of the right and interest in, or right of occupancy of, land subject to such contract reaches an agreement with CCC to modify the contract in a way that is consistent with the objectives of the program.

(g) The participants on a CRP contract will not be in violation of the terms of the CRP contract if

both the following are met

(2) The land management and conservation practice measures that are conducted under the Conservation Stewardship Program are not in violation of the approved CRP conservation plan and are otherwise consistent with this part, as determined by the Deputy Administrator.

[68 FR 24835, May 8, 2003, as amended at 80 FR 42002, 42005, July 16, 2015]

:

(1) During the final year of the CRP contract period the land is enrolled in the Environmental Quality Incentives Program or Conservation Stewardship Program, as specified in parts 1466 and

such enrollment is reported promptly to the Deputy Administrator; and

1470 of this chapter, and the participant begins establishment of a practice under such programs; or

(2) During the 3 years prior to the end of the CRP contract period, the participant begins the certification process under the Organic Foods Production Act of 1990.