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16 U.S.C. § 3830 — Repealed. Pub. L. 113–79, title II, § 2701, Feb. 7, 2014, 128 Stat. 766

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3830 — Repealed. Pub. L. 113–79, title II, § 2701, Feb. 7, 2014, 128 Stat. 766

### Statutory Notes Section, Pub. L. 99–198, title XII, § 1230, as added Pub. L. 101–624, title XIV, § 1431(2), Nov. 28, 1990, 104 Stat. 3576; amended Pub. L. 103–66, title I, § 1402(a), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104–127, title III, § 331, Apr. 4, 1996, 110 Stat. 992; Pub. L. 107–171, title II, § 2006(b), May 13, 2002, 116 Stat. 237, related to comprehensive conservation enhancement program. #### Conservation Assistance Pub. L. 106–224, title II, § 211, June 20, 2000, 114 Stat. 406, as amended by Pub. L. 107–171, title II, § 2503(b)(1)(B), May 13, 2002, 116 Stat. 269, authorized Secretary to use $40,000,000 of funds of the Commodity Credit Corporation to provide financial assistance to farmers and ranchers to address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat; comply with Federal and State environmental laws; and make beneficial, cost-effective changes to cropping systems, grazing management, manure, nutrient, pest, or irrigation management, land uses, or other measures needed to conserve and improve soil, water, and related natural resources. #### Farmland Protection Program Pub. L. 104–127, title III, § 388, Apr. 4, 1996, 110 Stat. 1020, directed Secretary of Agriculture to establish and carry out a farmland protection program, prior to repeal by Pub. L. 107–171, title II, § 2503(b)(1)(A), May 13, 2002, 116 Stat. 269. [Pub. L. 107–171, title II, § 2503(b)(2), May 13, 2002, 116 Stat. 269, provided that: “The amendment made by paragraph (1)(A) [repealing section 388 of Pub. L. 104–127, formerly set out above] shall have no effect on any contract entered into under section 388 of the Federal Agriculture Improvement and Reform Act of 1996 [Pub. L. 104–127] ([16 U.S.C. 3830](https://uscode.ho

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Source file: Laws/federal/codes/united-states-code/title-16/section-3830-repealed-pub-l-11379-title-ii-2701-feb-7-2014-128-stat-766--29c8b9c936.md
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Source location: Title 16, Chapter 58, § 3830; chapter-058-erodible-land-and-wetland-conservation-and-reserve-program.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1308–3 — Payment limitations

**(a) Definitions** In this section through [section 1308–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308-5&num=0&edition=prelim): (1) **Covered commodity** — The term “covered commodity” has the meaning given that term in section 1111 of the Agricultural Act of 2014 ([7 U.S.C. 9011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9011&num=0&edition=prelim)). (2) **Family member** — The term “family member” means a person to whom a member in the farming operation is related as lineal ancestor, lineal descendant, sibling, first cousin, niece, nephew, spouse, or otherwise by marriage. (3) **Legal entity** — The term “legal entity” means an entity that is created under Federal or State law and that— (A) owns land or an agricultural commodity; or (B) produces an agricultural commodity. (4) **Person** — The term “person” means a natural person, and does not include a legal entity. (5) **Qualified pass-through entity** — The term “qualified pass-through entity” means— (A) a partnership (within the meaning of subchapter K of chapter 1 of the Internal Revenue Code of 1986 [[26 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim) et seq.]); (B) an S corporation (as defined in section 1361 of that Code); (C) a limited liability company that does not affirmatively elect to be treated as a corporation; and (D) a joint venture or general partnership. (6) **Secretary** — The term “Secretary” means the Secretary of Agriculture. **(b) Limitation on payments for covered commodities (other than peanuts)** Subject to subsection (i), the total amount of payments received, directly or indirectly, by a person or legal entity (except

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7912 — Establishment of base acres and payment acres for a farm

**(a) Election by owner of base acres calculation method** (1) **Alternative calculation methods** — For the purpose of making direct payments and counter-cyclical payments with respect to a farm, the Secretary shall give an owner of the farm an opportunity to elect 1 of the following as the method by which the base acres of all covered commodities on the farm are to be determined: (A) Subject to paragraphs (3) and (4), the 4-year average of the following: (i) Acreage planted on the farm to covered commodities for harvest, grazing, haying, silage, or other similar purposes for the 1998 through 2001 crop years. (ii) Any acreage on the farm that the producers were prevented from planting during the 1998 through 2001 crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary. (B) Subject to paragraph (3), the sum of the following: (i) The contract acreage (as defined in [section 7202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7202&num=0&edition=prelim)) used by the Secretary to calculate the fiscal year 2002 payment authorized under [section 7214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7214&num=0&edition=prelim) for the covered commodities on the farm. (ii) The 4-year average of eligible oilseed acreage on the farm for the 1998 through 2001 crop years, as determined by the Secretary under paragraph (2). (2) **Eligible oilseed acreage** (A) *Calculation* — For purposes of paragraph (1)(B)(ii), the eligible acreage for each oilseed on a farm during each of the 1998 through 2001 crop years shall be determined in the manner provided in p

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7953 — Establishment of payment yield and base acres for peanuts for a farm

**(a) Average yield and acreage average for historic peanut producers** (1) **Determination of average yield** (A) *In general* — The Secretary shall determine, for each historic peanut producer, the average yield for peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years, excluding any crop year in which the producer did not plant or was prevented from planting peanuts. (B) *Assigned yields* — For the purposes of determining the 4-year average yield for an historic peanut producer under this paragraph, the historic peanut producer may elect to substitute for a farm, for not more than 3 of the 1998 through 2001 crop years in which the producer planted peanuts on the farm, the average yield for peanuts produced in the county in which the farm is located for the 1990 through 1997 crop years. (2) **Determination of acreage average** (A) *In general* — The Secretary shall determine, for each historic peanut producer, the 4-year average of the following: (i) Acreage planted to peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years. (ii) Any acreage on each farm that the historic peanut producer was prevented from planting to peanuts during the 1998 through 2001 crop years because of drought, flood, or other natural disaster, or other condition beyond the control of the historic peanut producer, as determined by the Secretary. (B) *Inclusion of all 4 years in average* — For the purposes of determining the 4-year acreage average for an historic peanut producer under this paragraph, the Secretary shall not exclude any crop year in which the producer did not plant peanuts. (C) *Proportional shares* — If more than 1 h

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8713 — Base acres

**(a) Adjustment of base acres** (1) **In general** — The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occurs: (A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ([16 U.S.C. 3831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3831&num=0&edition=prelim)) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (B) Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim). (D) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim). (2) **Special conservation reserve acreage payment rules** — For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive either direct payments and counter-cyclical payments with respect to the acreage added to the farm under this subsection or

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8754 — Base acres for peanuts for a farm

**(a) Adjustment of base acreage for peanuts** (1) **In general** — The Secretary shall provide for an adjustment, as appropriate, in the base acres for peanuts for a farm whenever any of the following circumstances occur: (A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ([16 U.S.C. 3831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3831&num=0&edition=prelim)) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (B) Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim). (D) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim). (2) **Special conservation reserve acreage payment rules** — For the crop year in which a base acres for peanuts adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive either direct payments and counter-cyclical payments with respect to the acreage added to the farm under this

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 9013 — Base acres

**(a) Retention or 1-time reallocation of base acres** (1) **Election required** (A) *Notice of election opportunity* — As soon as practicable after February 7, 2014, the Secretary shall provide notice to the owners of a farm regarding their opportunity to make an election, in the manner provided in this subsection— (i) to retain base acres, including any generic base acres, as provided in paragraph (2); or (ii) in lieu of retaining base acres, to reallocate base acres, other than any generic base acres, as provided in paragraph (3). (B) *Content of notice* — The notice under subparagraph (A) shall include the following: (i) Information that the opportunity of an owner to make the election is being provided only once. (ii) Information regarding the manner in which the owner must make the election and the manner of notifying the Secretary of the election. (iii) Information regarding the deadline before which the owner must notify the Secretary of the election to be in effect beginning with the 2014 crop year. (C) *Effect of failure to make election* — If the owner of a farm fails to make the election under this subsection, or fails to timely notify the Secretary of the election as required by subparagraph (B)(iii), the owner shall be deemed to have elected to retain base acres, including generic base acres, as provided in paragraph (2). (2) **Retention of base acres** (A) *Election to retain* — For the purpose of applying this subchapter to a covered commodity, the Secretary shall give an owner of a farm an opportunity to elect to retain all of the base acres for each covered commodity on the farm. (B) *Treatment of generic base acres* — Generic base acres are automatically retained. (3) **Reallocation of base acres** (A) *El

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3830 — Repealed. Pub. L. 113–79, title II, § 2701,

Page 2355 TITLE 16—CONSERVATION § 3830 general amendment of subchapter V of this chapter by Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008. The new section 3843, which did not relate to appeal procedures, was subsequently repealed by Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–334, § 2102, designated ex- isting provisions as par. (1), inserted heading, inserted ‘‘, which, except as provided in paragraph (2), shall be conducted in the presence of the affected person’’ be- fore period at end, and added par. (2). Subsec. (j). Pub. L. 115–334, § 2821(b), substituted ‘‘Nat- ural Resources Conservation Service’’ for ‘‘National Resources Conservation Service’’. Subsec. (k)(1)(B). Pub. L. 115–334, § 2103, amended sub- par. (B) generally. Prior to amendment, text read as follows: ‘‘Of the funds of the Commodity Credit Cor- poration, the Secretary shall use $10,000,000, to remain available until expended, to carry out this paragraph.’’ 2014—Subsec. (k). Pub. L. 113–79 amended subsec. (k) generally. Prior to amendment, text read as follows: ‘‘Using authorities available to the Secretary, the Sec- retary may operate a pilot program for mitigation banking of wetlands to assist persons to increase the efficiency of agricultural operations while protecting wetland functions and values. Subsection (f)(2)(C) of this section shall not apply to this subsection.’’ 2008—Subsec. (h)(2), (3). Pub. L. 110–246, § 2003, added par. (2), redesignated former par. (2) as (3), and inserted ‘‘be’’ before ‘‘actively’’. 1996—

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