(a) In order to enroll land in the CRP, the participant must enter into a contract with CCC.
(b) The CRP contract is comprised of:
(1) The terms and conditions for participation in the CRP;
(2) The CRP conservation plan; and
(3) Any other materials or agreements determined necessary by CCC.
(c)(1) In order to enter into a CRP contract, the producer must submit an offer to participate as provided in Sec. 1410.30;
(1) In order to enter into a CRP contract, the producer must submit an offer to participate as provided in Sec. 1410.30;
(2) An offer to enroll land in the CRP shall be irrevocable for such period as is determined and announced by CCC. The producer shall be liable to CCC for liquidated damages if the applicant revokes an offer during the period in which the offer is irrevocable as determined by the Deputy Administrator. CCC may waive payment of such liquidated damages if CCC determines that the assessment of such damages, in a particular case, is not in the best interest of CCC and the program.
(d) The CRP contract must, within the dates established by CCC, be signed by:
(1) The producer; and
(2) The owners of the cropland to be placed in the CRP and other eligible participants, if applicable.
(e) The Deputy Administrator is authorized to approve CRP contracts on behalf of CCC.
(f) CRP contracts may be terminated by CCC before the full term of the contract has expired if:
(1) The owner loses control of or transfers all or part of the acreage under contract and the new owner does not wish to continue the contract;
(2) The participant voluntarily requests in writing to terminate the contract and obtains the approval of CCC according to terms and conditions as determined by CCC;
(3) The participant is not in compliance with the terms and conditions of the contract;
(4) Acreage is enrolled in another Federal, State or local conservation program;
(5) The CRP practice fails or is not established after a certain time period, as determined by the Deputy Administrator, and the cost of restoring the practice outweighs the benefits received from the restoration;
(6) The CRP contract was approved based on erroneous eligibility determinations; or
(7) CCC determines that such a termination is needed in the public interest.
(g)(1) Contracts for land enrolled in CRP before January 1, 1995, that have been continuously in effect may be unilaterally terminated by all CRP participants on a contract except for contract acreage:
(1) Contracts for land enrolled in CRP before January 1, 1995, that have been continuously in effect may be unilaterally terminated by all CRP participants on a contract except for contract acreage:
(i) Located within a certain distance determined appropriate by the applicable FOTG of a perennial stream, or other permanent waterbody to reduce pollution and to protect surface and subsurface water quality;
(ii) On which a CRP easement is filed;
(iii) That is considered to be a wetland by USDA according to part 12 of this title;
(iv) Located within a wellhead protection area;
(v) That is subject to frequent flooding, as determined by the Deputy Administrator;
(vi) That may be required to serve as a wetland buffer according to the FOTG to protect the functions and values of a wetland; or
(vii) On which there exist one or more of the following practices, installed or developed as a result of participation in the CRP or as otherwise required by the conservation plan:
(A) Grass waterways;
(B) Filter strips;
(C) Shallow water areas for wildlife;
(D) Bottom land timber established on wetlands;
(E) Field windbreaks; and
(F) Shelterbelts.
(2) With respect to terminations under this paragraph:
(i) Any land for which an early termination is sought by the participant must have an EI of 15 or less;
(ii) The termination shall become effective 60 days from the date the participant submits notification to CCC of the participant's desire to terminate the contract;
(iii) Acreage terminated under this provision is eligible to be re-offered for CRP during future signup periods, provided that the acreage otherwise meets the current eligibility criteria; and
(iv) Participants must meet conservation compliance requirements of part 12 of this title to the extent applicable to other land.
(h) Except as allowed and approved by CCC where the new owner of land enrolled in CRP is a Federal agency that agrees to abide by the terms and conditions of the terminated contract, the participant in a contract that has been terminated must refund all or part of the payments made with respect to the contract plus interest thereon, as determined by CCC, and shall pay liquidated damages as provided for in the contract. CCC may permit the amount to be repaid to be reduced to the extent that such a reduction will not impair the purposes of the program. Further, a refund of all payments need not be required from a participant who is otherwise in full compliance with the CRP contract when the land is purchased by or for the United States, as determined by CCC.