12 2 STA T . 1 05 0 PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8‘ ‘ (1)CONSERVATI ON PL AN .—Anyhig h l y erod i b le c ro p l a nd f or w hich a con s er v a t ion ease m ent or other interest is p u r - chased using cost-share assistance provided under the program shall be sub j ect to a conservation plan that re q uires , at the option of the S ecretary, the conversion of the cropland to less intensive uses. ‘‘( 2 ) CONTIN G ENT RIG H TO F ENFOR C E M ENT.— T he Secretary shall require the inclusion of a contingent right of enforcement for the Secretary in the terms of a conservation easement or other interest in eligible land that is purchased using cost- share assistance provided under the program. ‘‘(g) AGREEMENTS W ITH E LIGI B LE ENTITIES.— ‘‘(1) I N GENERAL.—The Secretary shall enter into agree- ments with eligible entities to stipulate the terms and condi- tions under which the eligible entity is permitted to use cost- share assistance provided under subsection (c). ‘‘(2) L ENGTH OF AGREEMENTS.—An agreement under this subsection shall be for a term that is— ‘‘(A) in the case of an eligible entity certified under the process described in subsection (h), a minimum of five years
and ‘‘( B ) for all other eligible entities, at least three, but not more than five years. ‘‘( 3 )S U BSTITUTION OF Q UALIFIE D PRO J ECTS.—An agreement shall allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of the proposed substitution. ‘‘( 4 ) M INIMUM REQUIREMENTS.—An eligible entity shall be authori z ed to use its own terms and conditions, as approved by the Secretary, for conservation easements and other pur- chases of interests in land, so long as such terms and condi- tions— ‘‘(A) are consistent with the purposes of the program; ‘‘(B) permit effective enforcement of the conservation purposes of such easements or other interests; and ‘‘(C) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted. ‘‘( 5 ) EFFECT OF VIOLATION.—If a violation occurs of a term or condition of an agreement entered into under this sub- section— ‘‘(A) the agreement shall remain in force; and ‘‘(B) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as deter- mined appropriate by the Secretary. ‘‘(h) CERTIFICATION OF ELIGIBLE ENTITIES.— ‘‘(1) CERTIFICATION PROCESS.—The Secretary shall establish a process under which the Secretary may— ‘‘(A) directly certify eligible entities that meet estab- lished criteria; ‘‘(B) enter into long-term agreements with certified entities, as authorized by subsection (g)(2)(A); and ‘‘(C) accept proposals for cost-share assistance to cer- tified entities for the purchase of conservation easements or other interests in eligible land throughout the duration of such agreements.
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