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7 U.S.C. § 1308–4 — Denial of program benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a) 2-year denial of program benefits** A person or legal entity shall be ineligible to receive payments specified in subsections (b) and (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) for the crop year, and the succeeding crop year, in which the Secretary determines that the person or legal entity—
(1) failed to comply with [section 1308–1(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308–1/b&num=0&edition=prelim) and adopted or participated in adopting a scheme or device to evade the application of section 1308, 1308–1, or 1308–3 of this title; or
(2) intentionally concealed the interest of the person or legal entity in any farm or legal entity engaged in farming.
**(b) Extended ineligibility** If the Secretary determines that a person or legal entity, for the benefit of the person or legal entity or the benefit of any other person or legal entity, has knowingly engaged in, or aided in the creation of a fraudulent document, failed to disclose material information relevant to the administration of sections 1308 through 1308–5 of this title, or committed other equally serious actions (as identified in regulations issued by the Secretary), the Secretary may for a period not to exceed 5 crop years deny the issuance of payments to the person or legal entity.
**(c) Pro rata denial**
(1) **In general** — Payments otherwise owed to a person or legal entity described in subsections (a) or (b) shall be denied in a pro rata manner based on the ownership interest of the person or legal entity in a farm.
(2) **Cash rent tenant** — Payments otherwise payable to a person or legal entity shall be denied in a pro rata manner if the person o
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308–4
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Stable record: federal_law:legal_authorities:record_usc_3d2a06d4eda1ad36ee17cec1
Source file: Laws/federal/codes/united-states-code/title-7/section-13084-denial-of-program-benefits--64cdad391b.md
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Passage SHA-256: abfbce7836446341714cb41c121b0af5a640aa870cbd0a97dc59ce91b3c74616
Source location: Title 7, Chapter 35, § 1308–4; chapter-035-agricultural-adjustment-act-of-1938.md
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**(a) 2-year denial of program benefits** A person or legal entity shall be ineligible to receive payments specified in subsections (b) and (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) for the crop year, and the succeeding crop year, in which the Secretary determines that the person or legal entity—
(1) failed to comply with [section 1308–1(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308–1/b&num=0&edition=prelim) and adopted or participated in adopting a scheme or device to evade the application of section 1308, 1308–1, or 1308–3 of this title; or
(2) intentionally concealed the interest of the person or legal entity in any farm or legal entity engaged in farming.
**(b) Extended ineligibility** If the Secretary determines that a person or legal entity, for the benefit of the person or legal entity or the benefit of any other person or legal entity, has knowingly engaged in, or aided in the creation of a fraudulent document, failed to disclose material information relevant to the administration of sections 1308 through 1308–5 of this title, or committed other equally serious actions (as identified in regulations issued by the Secretary), the Secretary may for a period not to exceed 5 crop years deny the issuance of payments to the person or legal entity.
**(c) Pro rata denial**
(1) **In general** — Payments otherwise owed to a person or legal entity described in subsections (a) or (b) shall be denied in a pro rata manner based on the ownership interest of the person or legal entity in a farm.
(2) **Cash rent tenant** — Payments otherwise payable to a person or legal entity shall be denied in a pro rata manner if the person or legal entity is a cash rent tenant on a farm owned or under the control of a person or legal entity with respect to which a determination has been made under subsection (a) or (b).
**(d) Joint and several liability** Any legal entity (including qualified pass-through entities) and any member of any legal entity determined to have knowingly participated in a scheme or device to evade, or that has the purpose of evading, sections 1308, 1308–1, or 1308–3 of this title shall be jointly and severally liable for any amounts that are payable to the Secretary as the result of the scheme or device (including amounts necessary to recover those amounts).
**(e) Release** The Secretary may partially or fully release from liability any person or legal entity who cooperates with the Secretary in enforcing sections 1308, 1308–1, and 1308–3 of this title, and this section.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, the Secretary, upon the request of any agency of any State charged with the administration of the public lands of the State, may permit the transfer of acreage allotments or feed grain bases together with relevant production histories which have been determined pursuant to the Agricultural Adjustment Act of 1938, as amended [[7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.], or [section 590p of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590p&num=0&edition=prelim), from any farm composed of public lands to any other farm or farms in the same county composed of public lands: Provided, That as a condition for the transfer of any allotment or base an acreage equal to or greater than the allotment or base transferred prior to adjustment, if any, shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made. The Secretary shall prescribe regulations which he deems necessary for the administration of this section, which may provide for adjusting downward the size of the allotment or base transferred if the farm to which the allotment or base is transferred normally has a higher yield per acre for the commodity for which the allotment or base is determined, for reasonable limitations on the size of the resulting allotments and bases on farms to which transfers are made, taking into account the size of the allotments and bases on farms of similar size in the community, and for retransferring allotments or bases and relevant histories if the conditions of the transfers are not fulfilled.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701
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