[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1415.14]

[Page 423]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1415_GRASSLAND RESERVE PROGRAM--Table of Contents
 
Sec.  1415.14  Misrepresentation and violations.

    (a) Contract violations:
    (1) Contract violations, determinations, and appeals are handled in 
accordance with the terms of the program contract or agreement and 
attachments thereto.
    (2) A participant who is determined to have erroneously represented 
any fact affecting a program determination made in accordance with this 
part is not entitled to contract payments and must refund to CCC all 
payments, plus interest in accordance with 7 CFR part 1403.
    (3) In the event of a violation of a rental agreement, the 
participant will be given notice and an opportunity to voluntarily 
correct the violation within 30-days of the date of the notice, or such 
additional time as CCC may allow. Failure to correct the violation may 
result in termination of the rental agreement.
    (b) Easement violations: Easement violations are handled under the 
terms of the easement. Upon notification of the participant, USDA has 
the right to enter upon the easement area at any time to monitor 
compliance with the terms of the GRP conservation easement or remedy 
deficiencies or violations. When USDA believes there may be a violation 
of the terms of the GRP conservation easement, USDA may enter the 
property without prior notice. The participant shall be liable for any 
costs incurred by the United States as a result of the participant's 
negligence or failure to comply with easement.
    (c) USDA may require the participant to refund all or part of any 
payments received by the participant or pay liquidated damages as may be 
required under the program contract or agreement.
    (d) In addition to any and all legal and equitable remedies 
available to the United States under applicable law, USDA may withhold 
any easement payment, rental payment, or cost-share payments owing to 
the participant at any time there is a material breach of the easement 
covenants, rental agreement, or any contract. Such withheld funds may be 
used to offset costs incurred by the United States in any remedial 
actions or retained as damages pursuant to court order or settlement 
agreement.
    (e) Under a GRP conservation easement, the United States shall be 
entitled to recover any and all administrative and legal costs, 
including attorney's fees or expenses, associated with any enforcement 
or remedial action.