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16 U.S.C. § 3821 — Program ineligibility
Federal law — U.S. Code and appendices · legal_authorities
**(a) Production on converted wetland** Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be—
(1) in violation of this section; and
(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation.
**(b) Ineligibility for certain loans and payments** If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible:
(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act.
(2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subchapter) to produce an agricultural commodity.
(3) During the crop year:
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Stable record: federal_law:legal_authorities:record_usc_4f42df09e81bd0d3724c2404
Source file: Laws/federal/codes/united-states-code/title-16/section-3821-program-ineligibility--813072b929.md
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Source location: Title 16, Chapter 58, § 3821; chapter-058-erodible-land-and-wetland-conservation-and-reserve-program.md
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**(a) Production on converted wetland** Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be—
(1) in violation of this section; and
(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation.
**(b) Ineligibility for certain loans and payments** If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible:
(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act.
(2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subchapter) to produce an agricultural commodity.
(3) During the crop year:
(A) A payment made pursuant to a contract entered into under the environmental quality incentives program under subpart A of part IV of subchapter IV.
(B) A payment under any other provision of subchapter IV.
(C) A payment under section 2201 or 2202 of this title.
(D) A payment, loan, or other assistance under section 1003 or 1006a of this title.
**(c) Ineligibility for crop insurance premium assistance**
(1) **Requirements**
(A) *In general* — If a person is determined to have committed a violation under subsection (a) or (d) during a crop year, the person shall be ineligible to receive any payment of any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.) pursuant to this subsection.
(B) *Applicability* — Ineligibility under this subsection shall—
(i) only apply to reinsurance years subsequent to the date of a final determination of a violation, including all administrative appeals; and
(ii) not apply to the existing reinsurance year or any reinsurance year prior to the date of the final determination.
(2) **Conversions**
(A) *In general* — Notwithstanding paragraph (1), ineligibility for crop insurance premium assistance shall apply in accordance with this paragraph.
(B) *New conversions* — In the case of a wetland that the Secretary determines was converted after February 7, 2014—
(i) the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless the Secretary determines that an exemption pursuant to [section 3822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3822&num=0&edition=prelim) applies; or
(ii) for any violation that the Secretary determines impacts less than 5 acres of an entire farm, the person may pay a contribution in an amount equal to 150 percent of the cost of mitigation, as determined by the Secretary, to the fund described in [section 3841(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3841/f&num=0&edition=prelim) for wetland restoration in lieu of ineligibility to receive crop insurance premium assistance.
(C) *Prior conversions* — In the case of a wetland that the Secretary determines was converted prior to February 7, 2014, ineligibility under this subsection shall not apply.
(D) *Conversions and new policies or plans of insurance* — In the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after February 7, 2014—
(i) ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person; and
(ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed 2 reinsurance years.
(3) **Limitations**
(A) *Mitigation required* — Except as otherwise provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation described in subsection (d) shall have 1 reinsurance year to initiate a mitigation plan to remedy the violation, as determined by the Secretary, before becoming ineligible under this subsection in the following reinsurance year to receive any payment of any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.).
(B) *Persons covered for the first time* — Notwithstanding the requirements of paragraph (1), in the case of a person that is subject to this subsection for the first time solely due to the amendment made by section 2611(b) of the Agricultural Act of 2014, the person shall have 2 reinsurance years after the reinsurance year in which a final determination is made, including all administrative appeals, of a violation described in this subsection to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection.
(C) *Good faith* — If the Secretary determines that a person subject to a final determination, including all administrative appeals, of a violation described in this subsection acted in good faith and without intent to commit a violation described in this subsection as described in [section 3822(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3822/h&num=0&edition=prelim), the person shall have 2 reinsurance years to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection.
(D) *Tenant relief*
(i) *In general* — If a tenant is determined to be ineligible for payments and other benefits under this subsection, the Secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established, to the satisfaction of the Secretary that—
(I) the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable plan for restoration or mitigation for the farm;
(II) the landlord on the farm refuses to comply with the plan on the farm; and
(III) the Secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance.
(ii) *Report* — The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report concerning the ineligibility determinations limited during the previous 12-month period under this subparagraph.
(E) *Certificate of compliance*
(i) *In general* — Beginning with the first full reinsurance year immediately following February 7, 2014, all persons seeking eligibility for the payment of a portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.) shall provide certification of compliance with this section as determined by the Secretary.
(ii) *Timely evaluation* — The Secretary shall evaluate the certification in a timely manner and—
(I) a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and
(II) if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of this subsection, ineligibility shall not apply to the person for that violation.
(iii) *Equitable contribution*
(I) *In general* — If a person fails to notify the Secretary as required and is subsequently found to be in violation of this subsection, the Secretary shall—
(aa) determine the amount of an equitable contribution to conservation by the person for the violation; and
(bb) deposit the contribution in the fund described in [section 3841(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3841/f&num=0&edition=prelim).
(II) *Limitation* — The contribution shall not exceed the total of the portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph.
(4) **Duties of the Secretary**
(A) *In general* — In carrying out this subsection, the Secretary shall use existing processes and procedures for certifying compliance.
(B) *Responsibility* — The Secretary, acting through the agencies of the Department of Agriculture, shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection.
(C) *Limitation* — The Secretary shall ensure that no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability for the eligibility of an insured producer under this subsection, other than in cases of misrepresentation, fraud, or scheme and device.
**(d) Wetland conversion**
(1) **In general** — Except as provided in [section 3822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3822&num=0&edition=prelim) and notwithstanding any other provision of law, any person who in any crop year beginning after November 28, 1990, converts a wetland by draining, dredging, filling, leveling, or any other means for the purpose, or to have the effect, of making the production of an agricultural commodity possible on such converted wetland shall be ineligible for those payments, loans, or programs specified in subsection (b) for that crop year and all subsequent crop years.
(2) **Duty of the Secretary** — No person shall become ineligible under paragraph (1) if the Secretary determines that an exemption under [section 3822(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3822/b&num=0&edition=prelim) applies to that person.
**(e) Prior loans** This section shall not apply to a loan described in subsection (b) made before December 23, 1985.
**(f) Wetland** The Secretary shall have, and shall not delegate to any private person or entity, authority to determine whether a person has complied with this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, establish a program to be known as the “Marine Mammal Health and Stranding Response Program”.
**(b) Purposes** The purposes of the Program shall be to—
(1) facilitate the collection and dissemination of reference data on the health of marine mammals and health trends of marine mammal populations in the wild;
(2) correlate the health of marine mammals and marine mammal populations, in the wild, with available data on physical, chemical, and biological environmental parameters; and
(3) coordinate effective responses to unusual mortality events by establishing a process in the Department of Commerce in accordance with [section 1421c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1421c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
If a person is affected by a reduction in benefits under [section 3821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3821&num=0&edition=prelim) and the affected person is affiliated with other persons for the purpose of receiving the benefits, the benefits of each affiliated person shall be reduced under [section 3821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3821&num=0&edition=prelim) in proportion to the interest held by the affiliated person.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3823
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish the position of Food Access Liaison to coordinate Department programs to reduce barriers to food access and monitor and evaluate the progress of such programs in accordance with this section.
**(b) Duties** The Food Access Liaison shall—
(1) coordinate the efforts of the Department, including regional offices, to experiment and consider programs and policies aimed at reducing barriers to food access for consumers, including but not limited to participants in nutrition assistance programs;
(2) provide outreach to entities engaged in activities to reduce barriers to food access in accordance with the statutory authorization for each program;
(3) provide outreach to entities engaged in activities to reduce barriers to food access, including retailers, markets, producers, and others involved in food production and distribution, with respect to the availability of, and eligibility for, Department programs;
(4) raise awareness of food access issues in interactions with employees of the Department;
(5) make recommendations to the Secretary with respect to efforts to reduce barriers to food access; and
(6) submit to Congress an annual report with respect to the efforts of the Department to reduce barriers to food access.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6932
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of stabilizing, supporting, and protecting farm income and prices, of assisting in the maintenance of balanced and adequate supplies of agricultural commodities, products thereof, foods, feeds, and fibers (hereinafter collectively referred to as “agricultural commodities”), and of facilitating the orderly distribution of agricultural commodities, there is created a body corporate to be known as Commodity Credit Corporation (hereinafter referred to as the “Corporation”), which shall be an agency and instrumentality of the United States, within the Department of Agriculture, subject to the general supervision and direction of the Secretary of Agriculture (hereinafter referred to as the “Secretary”).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 714
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2009ee, Pub. L. 107–171, title VI, § 6301, May 13, 2002, 116 Stat. 421, defined terms.
Section 2009ee–1, Pub. L. 107–171, title VI, § 6302, May 13, 2002, 116 Stat. 422, related to SEARCH grant program. See [section 1926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1926&num=0&edition=prelim).
Section 2009ee–2, Pub. L. 107–171, title VI, § 6303, May 13, 2002, 116 Stat. 424, related to annual report on projects.
Section 2009ee–3, Pub. L. 107–171, title VI, § 6304, May 13, 2002, 116 Stat. 424, related to funding.
#### Codification
Pub. L. 110–234 and Pub. L. 110–246 repealed this subchapter. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
#### Effective Date of Repeal
Repeal of this subchapter and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1921
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delineation by Secretary**
(1) **In general** — Subject to subsection (b) and paragraph (6), the Secretary shall delineate, determine, and certify all wetlands located on subject land on a farm.
(2) **Wetland delineation maps** — The Secretary shall delineate wetlands on wetland delineation maps. On the request of a person, the Secretary shall make a reasonable effort to make an on-site wetland determination prior to delineation.
(3) **Certification** — On providing notice to affected persons, the Secretary shall—
(A) certify whether a map is sufficient for the purpose of making a determination of ineligibility for program benefits under [section 3821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3821&num=0&edition=prelim); and
(B) provide an opportunity to appeal the certification prior to the certification becoming final.
(4) **Duration of certification** — A final certification made under paragraph (3) shall remain valid and in effect as long as the area is devoted to an agricultural use or until such time as the person affected by the certification requests review of the certification by the Secretary.
(5) **Review of mapping on appeal** — In the case of an appeal of the Secretary’s certification, the Secretary shall review and certify the accuracy of the mapping of all land subject to the appeal to ensure that the subject land has been accurately delineated. Prior to rendering a decision on the appeal, the Secretary shall conduct an on-site inspection of the subject land on a farm.
(6) **Reliance on prior certified delineation** — No person shall be adversely affected because of having taken an action based on a previous certified wetland delineation by the Secretary. The delineation shall not be subjec
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3822
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
**(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
**(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Crop Insurance Act”. Except as otherwise expressly provided the provisions in titles I to IV, inclusive, shall not apply with respect to this subchapter, and the term “Act” wherever it appears in such titles shall not be construed to include this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Agricultural Market Transition Act”.
**(b) Purpose** It is the purpose of this chapter—
(1) to authorize the use of binding production flexibility contracts between the United States and agricultural producers to support farming certainty and flexibility while ensuring continued compliance with farm conservation and wetland protection requirements;
(2) to make nonrecourse marketing assistance loans and loan deficiency payments available for certain crops;
(3) to improve the operation of farm programs for milk, peanuts, and sugar; and
(4) to establish a commission to undertake a comprehensive review of past and future production agriculture in the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offer and terms** The Secretary shall offer to enter into a production flexibility contract with an eligible owner or producer described in subsection (b) on a farm containing eligible cropland. Under the terms of a contract, the owner or producer shall agree, in exchange for annual contract payments, to—
(1) comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ([16 U.S.C. 3811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3811&num=0&edition=prelim) et seq.);
(2) comply with applicable wetland protection requirements under subtitle C of title XII of the Act ([16 U.S.C. 3821](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3821&num=0&edition=prelim) et seq.);
(3) comply with the planting flexibility requirements of [section 7218 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7218&num=0&edition=prelim); and
(4) use the land subject to the contract for an agricultural or related activity, but not for a nonagricultural commercial or industrial use, as determined by the Secretary.
**(b) Eligible owners and producers described** The following producers and owners shall be eligible to enter into a contract:
(1) An owner of eligible cropland who assumes all or a part of the risk of producing a crop.
(2) A producer (other than an owner) on eligible cropland with a share-rent lease of the eligible cropland, regardless of the length of the lease, if the owner enters into the same contract.
(3) A producer (other than an owner) on eligible cropland who cash rents the eligible cropland under a lease expiring on or after September 30, 2002, in which case the owner is not required to enter into the contract.
(4)
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7211
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