Duties of owners and operators

Under the terms of a contract entered into under this subpart, during the term of the contract, an owner or operator of a farm or ranch shall agree— to establish approved vegetative cover (which may include emerging vegetation in water), water cover for the enhancement of wildlife, or, where practicable, maintain existing cover on the land, except that— the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if— on a violation of a term or condition of the contract at any time the owner or operator has control of the land— on the transfer of the right and interest of the owner or operator in land subject to the contract— on land devoted to hardwood or other trees, excluding windbreaks and shelterbelts, to carry out proper thinning and other practices— The plan referred to in subsection (a)(1) shall set forth— Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subpart may not be required to make repayments to the Secretary of amounts received under the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment. This subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract. On the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.