§ 1410.32 - CRP contract.

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

The CRP contract is comprised of:

The terms and conditions for participation in the CRP;

The CRP conservation plan; and

Any other materials or agreements determined necessary by the Deputy Administrator.

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

An offer to enroll land in CRP will be irrevocable for such period as is determined and announced by the Deputy Administrator. The producer will be liable to CCC for liquidated damages if the applicant 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 CRP.

The CRP contract must, within the dates established by the Deputy Administrator, be signed by:

The producer; and

The owners of the cropland to be placed in the CRP and other eligible participants, if applicable.

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

CRP contracts may be terminated by CCC before the full term of the contract has expired if:

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

The participant voluntarily requests in writing to terminate the contract and obtains the approval of the Deputy Administrator according to terms and conditions as determined by the Deputy Administrator;

The participant is not in compliance with the terms and conditions of the contract;

Acreage is enrolled in another Federal, State or local conservation program;

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;

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

The Deputy Administrator determines that such a termination is needed in the public interest, or is otherwise necessary and appropriate to further the goals of CRP.

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 must refund all or part of the payments made with respect to the contract plus interest, as determined by the Deputy Administrator, and must pay liquidated damages as provided for in the 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.

During the final year of the CRP contract's term, the participants on a CRP contract will not be in violation of the terms of the contract if both the following are met:

During the final year of the contract the land is enrolled in the Conservation Stewardship Program, and such enrollment is reported promptly to the Deputy Administrator; and

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.