12 2 STA T . 2 09 2 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 ‘ ‘ (i ii )the i mpl eme n t a ti o no f (a sd ete r mined by the S e c retary) — ‘‘( I ) a conser v ation plan
or ‘‘(II) a forest ste w ardship plan or an e qu ivalent plan; and ‘‘(iv) any additional requirements the Secretary considers appropriate . ‘‘( C ) DURATION .— A contract under this subsection shall have a term of up to— ‘‘(i) 5 years for annual and perennial crops; or ‘‘(ii) 1 5 years for woody biomass. ‘‘( 4 ) REL ATION SH I P TO OTHER PRO G RA M S.—In carryin g out this subsection , the Secretary shall provide for the preservation of cropland base and yield history applicable to the land enrolled in a B CA P contract. ‘‘(5) PA Y MENTS.— ‘‘(A) IN GENERAL.— T he Secretary shall ma k e 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.—Sub j ect to clause (ii), the amount of an annual payment under this subsection shall be determined by the Secretary. ‘‘(ii) RE D U C TION.—The Secretary shall reduce an annual payment by an amount determined to be appro- priate by the Secretary, if— ‘‘(I) an eligible crop is used for purposes other than the production of energy at the biomass conversion facility; ‘‘(II) an eligible crop is delivered to the biomass conversion facility; ‘‘(III) the producer receives a payment under subsection (d); ‘‘(I V ) the producer violates a term of the con- tract; or ‘‘(V) there are such other circumstances, as determined by the Secretary to be necessary to carry out this section. ‘‘(d) ASSISTANCE W ITH COLLECTION, H AR V EST, STORAGE, AND TRANSPORTATION.— ‘‘(1) IN GENERAL.—The Secretary shall make a payment for the delivery of eligible material to a biomass conversion facility to— ‘‘(A) a producer of an eligible crop that is produced on BCAP contract acreage; or ‘‘(B) a person with the right to collect or harvest eligible material.
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