7 U.S.C. § 1831a — Contract restrictions

Page 1044 TITLE 7—AGRICULTURE §§ 1821 to 1824 ized Secretary to provide fair and equitable treatment for producers who entered into acreage reserve or con- servation reserve contracts based upon incorrect infor- mation furnished under 1956 program through com- pensation for losses. Section 1816, act May 28, 1956, ch. 327, title I, § 128, as added Sept. 14, 1959, Pub. L. 86–265, 73 Stat. 552, author- ized Secretary to pay compensation to a producer in order to provide fair and equitable treatment when pro- ducer has suffered losses because of inaccurate infor- mation forming the basis for contract if producer relied in good faith upon inaccurate information. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 89–321, title VI, § 601, Nov. 3, 1965, 79 Stat. 1206, provided that the Soil Bank Act of 1956 [former sub- chapters I to III of this chapter] shall remain in effect with respect to contracts entered into thereunder prior to its repeal by section 601 of Pub. L. 89–321. SUBCHAPTER II—ACREAGE RESERVE PROGRAM §§ 1821 to 1824. Repealed. Pub. L. 89–321, title VI, § 601, Nov. 3, 1965, 79 Stat. 1206 Section 1821, act May 28, 1956, ch. 327, title I, § 103, 70 Stat. 189, authorized Secretary to carry out acreage re- serve program and spelled out terms of eligibility, pro- visions of contract, and acreage reduction compensa- tion. Section 1822, act May 28, 1956, ch. 327, title I, § 104, 70 Stat. 190, required Secretary to establish a national re- serve acreage goal and to set limits to be placed upon individual participation in program. Section 1823, act May 28, 1956, ch. 327, title I, § 105, 70 Stat. 190, established method of compensating pro- ducers for participating in program through issuance of negotiable certificates redeemable by Commodity Cred- it Corporation, provided for setting of rates of com- pensation, and set limits upon total compensation to be paid for wheat, cotton, corn, peanuts, rice, and tobacco. Section 1824, act May 28, 1956, ch. 327, title I, § 106, 70 Stat. 191, required crediting of reserve acreages as though such acreages had actually been devoted to pro- duction of commodity when establishing farm acreage allotments under Agricultural Adjustment Act of 1938, as amended. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 89–321, title VI, § 601, Nov. 3, 1965, 79 Stat. 1206, provided that the Soil Bank Act of 1956 [former sub- chapters I to III of this chapter] shall remain in effect with respect to contracts entered into thereunder prior to its repeal by section 601 of Pub. L. 89–321. SUBCHAPTER III—CONSERVATION RESERVE PROGRAM § 1831. Repealed. Pub. L. 89–321, title VI, § 601, Nov. 3, 1965, 79 Stat. 1206 Section, acts May 28, 1956, ch. 327, title I, § 107, 70 Stat. 191; June 11, 1960, Pub. L. 86–507, § 1(8), 74 Stat. 200; June 29, 1961, Pub. L. 87–62, § 1(a), 75 Stat. 129; July 3, 1962, Pub. L. 87–521, 76 Stat. 135, set out terms to be in- cluded in producers’ contracts under conservation re- serve program and made provisions for use of adver- tising and bid procedures, termination of contracts, and notice, hearing, and judicial review of Secretary’s action in terminating a contract. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 89–321, title VI, § 601, Nov. 3, 1965, 79 Stat. 1206, provided that the Soil Bank Act of 1956 [former sub- chapters I to III of this chapter] shall remain in effect with respect to contracts entered into thereunder prior to its repeal by section 601 of Pub. L. 89–321. § 1831a. Contract restrictions On and after June 13, 1958 no conservation re- serve contract shall be entered into which pro- vides for (1) payments for conservation practices in excess of the average rate for comparable practices under the environmental quality in- centives program established under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa et seq.], or (2) annual rental payments in excess of 20 per cent of the value of the land placed under contract, such value to be determined without regard to physical improvements thereon or geo- graphic location thereof. In determining the value of the land for this purpose, the county committee shall take into consideration the es- timate of the landowner or operator as to the value of such land as well as his certificate as to the production history and productivity of such land. (Pub. L. 85–459, title I, § 101, June 13, 1958, 72 Stat. 195; Pub. L. 104–127, title III, § 336(a)(2)(A), Apr. 4, 1996, 110 Stat. 1005; Pub. L. 115–334, title II, § 2301(d)(2)(C), Dec. 20, 2018, 132 Stat. 4554.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in text, is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subchapter A of chapter 4 of subtitle D of title XII of the Act is clas- sified generally to subpart A (§ 3839aa et seq.) of part IV of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under sec- tion 1281 of this title and Tables. CODIFICATION Section was not enacted as part of the Soil Bank Act which comprised this chapter. AMENDMENTS 2018—Pub. L. 115–334 inserted ‘‘subchapter A of’’ be- fore ‘‘chapter 4’’. 1996—Pub. L. 104–127 substituted ‘‘environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985’’ for ‘‘Agricultural Conservation Program’’. §§ 1832 to 1837. Repealed. Pub. L. 89–321, title VI, § 601, Nov. 3, 1965, 79 Stat. 1206 Section 1832, act May 28, 1956, ch. 327, title I, § 108, 70 Stat. 194, required Secretary to make and announce de- termination of a national conservation reserve goal, set out considerations to be used in distributing goal among States and major crop production regions, and provided for a report to Congress. Section 1833, act May 28, 1956, ch. 327, title I, § 109, 70 Stat. 194, authorized Secretary to enter into conserva- tion reserve program contracts, set term for such con- tracts, and placed a limit of $450,000,000 annually upon payments made to producers. Section 1834, act May 28, 1956, ch. 327, title I, § 110, 70 Stat. 194, authorized Secretary to terminate or modify contracts by mutual agreement with producers. Section 1835, act May 28, 1956, ch. 327, title I, § 111, 70 Stat. 195, authorized Secretary to purchase or produce conservation materials and services and make them available to producers under conservation reserve pro- gram.