12 2 STA T . 1 3 3 0PUBLIC LA W 110 – 23 4—M A Y 22 , 200 8‘ ‘ (vi ii )therang e of e l igi b le c ro ps a m ong pro j ect areas
an d ‘‘(i x )an y additional information , as determined by the S ecretary . ‘‘( 3 ) CONTRAC T. — ‘‘( A ) I N GE NERA L .— O n approval of a B CA P project area by the Secretary, each prod u cer in the BCAP project area shall enter into a contract directly w ith the Secretary. ‘‘(B) MI NI MU M TERM S .—At a minimum, contracts shall include terms that cover— ‘‘(i) an agreement to ma k e available to the Sec - retary, or to an institution of higher education or other entity designated by the Secretary, such information as the Secretary considers to be appropriate to promote the production of eligible crops and the development of biomass conversion technology; ‘‘(ii) compliance with the highly erodible land con- servation re q uirements of subtitle B of title X II of the F ood Security Act of 1985 (1 6U .S.C. 3811 et seq.) and the wetland conservation requirements of subtitle C of title XII of that Act (16 U.S.C. 38 2 1 et seq.); ‘‘(iii) the implementation of (as determined by the Secretary)— ‘‘(I) a conservation plan; or ‘‘(II) a forest stewardship plan or an equivalent plan; and ‘‘(iv) any additional requirements the Secretary considers appropriate. ‘‘(C) D URATION.—A contract under this subsection shall have a term of up to— ‘‘(i) 5 years for annual and perennial crops; or ‘‘(ii) 15 years for woody biomass. ‘‘( 4 ) R ELATIONS H I P TO OTHER PROGRAMS.—In carrying out this subsection, the Secretary shall provide for the preservation of cropland base and yield history applicable to the land enrolled in a BCAP contract. ‘‘(5) PA Y MENTS.— ‘‘(A) IN GENERAL.— T he Secretary shall make establish- ment and annual payments directly to producers to support the establishment and production of eligible crops on con- tract acreage. ‘‘(B) AMOUNT O F ESTA B LISHMENT PAYMENTS.—The amount of an establishment payment under this subsection shall be up to 7 5 percent of the costs of establishing an eligible perennial crop covered by the contract, including— ‘‘(i) the cost of seeds and stock for perennials; ‘‘(ii) the cost of planting the perennial crop, as determined by the Secretary; and ‘‘(iii) in the case of nonindustrial private forestland, the costs of site preparation and tree planting. ‘‘(C) AMOUNT OF ANNUAL PAYMENTS.— ‘‘(i) IN GENERAL.—Subject to clause (ii), the amount of an annual payment under this subsection shall be determined by the Secretary. ‘‘(ii) RE D UCTION.—The Secretary shall reduce an annual payment by an amount determined to be appro- priate by the Secretary, if—
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