116 STAT. 250 PUBLIC LAW 107-171—MAY 13, 2002 "(2) PRODUCTION OF AGRICULTURAL COMMODITIES.—The Secretary may modify or waive a term or condition of a contract entered into under this subchapter in order to permit all or part of the land subject to such contract to be devoted to the production of an agricultural commodity during a crop year, subject to such conditions as the Secretary determines are appropriate. " (d) TERMINATION.— "(1) IN GENERAL.— The Secretary may terminate a contract entered into with an owner or operator under this subchapter if— "(A) the owner or operator agrees to the termination; and "(B) the Secretary determines that the termination would be in the public interest. "(2) NOTICE TO CONGRESSIONAL COMMITTEES. —At least 90 days before taking any action to terminate under paragraph (1) all conservation reserve contracts entered into under this subchapter, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate written notice of the action. " (e) EARLY TERMINATION BY OWNER OR OPERATOR.— " (1) EARLY TERMINATION.— "(A) IN GENERAL. —The Secretary shall allow a participant that entered into a contract under this subchapter before January 1, 1995, to terminate the contract at any time if the contract has been in effect for at least 5 years. "(B) LIABILITY FOR CONTRACT VIOLATION. — The termination shall not relieve the participant of liability for a contract violation occurring before the date of the termination. "(C) NOTICE TO SECRETARY. —The participant shall provide the Secretary with reasonable notice of the desire of the participant to terminate the contract. "(2) CERTAIN LAND EXCEPTED.— The following land shall not be subject to an early termination of contract under this subsection: "(A) Filterstrips, waterways, strips adjacent to riparian areas, windbreaks, and shelterbelts. "(B) Land with an erodibility index of more than 15. "(C) Other land of high environmental value (including wetland), as determined by the Secretary. "(3) EFFECTIVE DATE.— The contract termination shall become effective 60 days after the date on which the owner or operator submits the notice required under paragraph (1)(C). "(4) PRORATED RENTAL PAYMENT. — If a contract entered into under this subchapter is terminated under this subsection before the end of the fiscal year for which a rental payment is due, the Secretary shall provide a prorated rental payment covering the portion of the fiscal year during which the contract was in effect. "(5) RENEWED ENROLLMENT.—The termination of a contract entered into under this subchapter shall not affect the ability of the owner or operator that requested the termination to submit a subsequent bid to enroll the land that was subject to the contract into the conservation reserve.
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