12 2 STA T . 1 78 2 PUBLIC LA W 11 0– 2 46—J U NE 18 , 2008 ‘ ‘ (B)exc e ptas pe rmi tte dun der a rest o ration p l an , t h e conduct o f an y other acti v ity that w ould b e inconsistent with maintainin g gra z ing land enrolled in the program . ‘‘( 3 ) AD D IT I ONAL T ERMS AND C ONDITIONS. — A rental contract or easement under the program shall include such additional provisions as the S ecretary determines are appropriate to carry out or facilitate the purposes and administration of the pro - gram. ‘‘(e) V IOLATIONS.— O n a violation of the terms or conditions of a rental contract, easement, or restoration agreement entered into under this section— ‘‘( 1 ) the contract or easement shall remain in force
and ‘‘( 2 ) the Secretary may re q uire the owner or operator to refund all or part of any payments received under the program, with interest on the payments as determined appropriate by the Secretary. ‘ ‘ SEC.1238P . DUTI ES OF SEC R ET A R Y . ‘‘(a) EV AL U ATION AND R AN K IN G O F A P PLICATIONS.— ‘‘(1) C RITERIA.— T he Secretary shall establish criteria to evaluate and ran k applications for rental contracts and ease- ments under the program . ‘‘(2) CONSIDERATIONS.— I n establishing the criteria, the Sec- retary shall emphasize support for— ‘‘(A) grazing operations; ‘‘(B) plant and animal biodiversity; and ‘‘(C) grassland, land that contains forbs, and shrubland under the greatest threat of conversion to uses other than grazing. ‘‘(b) P A Y MENTS.— ‘‘(1) IN GENERAL.—In return for the execution of a rental contract or the granting of an easement by an owner or operator under the program, the Secretary shall— ‘‘(A) make rental contract or easement payments to the owner or operator in accordance with paragraphs (2) and (3); and ‘‘(B) make payments to the owner or operator under a restoration agreement for the F ederal share of the cost of restoration in accordance with paragraph ( 4 ). ‘‘(2) RENTAL CONTRACT PAYMENTS.— ‘‘(A) PERCENTAGE OF GRA Z ING VALUE OF LAND.—In return for the execution of a rental contract by an owner or operator under the program, the Secretary shall make annual payments during the term of the contract in an amount, sub j ect to subparagraph (B), that is not more than 75 percent of the grazing value of the land covered by the contract. ‘‘(B) PAYMENT LIMITATION.—Payments made under 1 or more rental contracts to a person or legal entity, directly or indirectly, may not exceed, in the aggregate, $ 5 0 ,000 per year. ‘‘(3) EASEMENT PAYMENTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), in return for the granting of an easement by an owner under the program, the Secretary shall make easement payments in an amount not to exceed the fair market value of the 16USC38 38 p.
�
