16 U.S.C. § 3811 — Program ineligibility

Page 2343 TITLE 16—CONSERVATION § 3811 1 See Change of Name note below. of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] REFORM AND ASSESSMENT OF CONSERVATION PROGRAMS Pub. L. 107–171, title II, § 2005, May 13, 2002, 116 Stat. 237, required the Secretary of Agriculture to develop a plan to coordinate land retirement and agricultural working land conservation programs that are adminis- tered by the Secretary to achieve the goals of elimi- nating redundancy, streamlining program delivery, and improving services provided to agricultural producers and to submit to Congress a report on this plan by Dec. 31, 2005. CONSERVATION CORRIDOR DEMONSTRATION PROGRAM Pub. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat. 1215, which authorized the Secretary of the Army to provide technical assistance to the Secretary of Agri- culture for use in carrying out the Conservation Cor- ridor Demonstration Program established under sub- title G of title II of Pub. L. 107–171, formerly set out below, was repealed by Pub. L. 115–334, title II, § 2811(b), Dec. 20, 2018, 132 Stat. 4602. Pub. L. 107–171, title II, subtitle G, May 13, 2002, 116 Stat. 275, which related to a Conservation Corridor Demonstration Program to integrate agriculture and forestry conservation programs of the Department of Agriculture with State and local efforts to address farm conservation needs on the Delmarva Peninsula, was repealed by Pub. L. 115–334, title II, § 2811(a), Dec. 20, 2018, 132 Stat. 4602. CRANBERRY ACREAGE RESERVE PROGRAM Pub. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat. 515, which authorized the Secretary of Agriculture to establish a program to purchase permanent easements in wetlands or buffer strips that were used or had a his- tory of being used for the cultivation of cranberries and that were located in environmentally sensitive areas, was repealed by Pub. L. 115–334, title II, § 2812, Dec. 20, 2018, 132 Stat. 4602. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SUBCHAPTER II—HIGHLY ERODIBLE LAND CONSERVATION § 3811. Program ineligibility (a) In general Except as provided in section 3812 of this title, and notwithstanding any other provision of law, any person who in any crop year produces an ag- ricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a pro- gram administered by the Secretary to reduce production of an agricultural commodity, as de- termined by the Secretary shall be ineligible for— (1) as to any commodity produced during that crop year by such person— (A) contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or pay- ment made available under the Agricultural Market Transition Act [7 U.S.C. 7201 et seq.], the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act; (B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)); (C) a disaster payment; (D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural De- velopment Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,1 if the Secretary determines that the proceeds of such loan will be used for a purpose that will contribute to excessive erosion of highly erodible land; or (E) any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Fed- eral Crop Insurance Act (7 U.S.C. 1501 et seq.), on the condition that if a person is de- termined to have committed a violation under this subsection during a crop year, in- eligibility under this subparagraph shall— (i) only apply to reinsurance years subse- quent to the date of 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 final determination; (2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) during such crop year for the storage of an agricultural com- modity acquired by the Commodity Credit Corporation; or (3) during the crop year— (A) a payment made pursuant to a con- tract 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; or (D) a payment, loan, or other assistance under section 1003 or 1006a of this title. (b) Highly erodible land The Secretary shall have, and shall not dele- gate to any private person or entity, authority to determine whether a person has complied with this subchapter. (Pub. L. 99–198, title XII, § 1211, Dec. 23, 1985, 99 Stat. 1506; Pub. L. 101–624, title XIV, § 1411, Nov. 28, 1990, 104 Stat. 3569; Pub. L. 102–237, title II, § 204(1), Dec. 13, 1991, 105 Stat. 1854; Pub. L. 104–127, title III, § 311, Apr. 4, 1996, 110 Stat. 982; Pub. L. 107–171, title II, § 2002(a), May 13, 2002, 116 Stat. 233; Pub. L. 113–79, title II, §§ 2611(a)(1), 2713(b), Feb. 7, 2014, 128 Stat. 762, 772; Pub. L. 115–334, title II, § 2301(d)(1)(A), Dec. 20, 2018, 132 Stat. 4553.) Editorial Notes REFERENCES IN TEXT The Agricultural Market Transition Act, referred to in subsec. (a)(1)(A), is title I of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 896, which is classified principally to chapter 100 (§ 7201 et seq.) of Title 7, Agriculture. For Page 2344 TITLE 16—CONSERVATION § 3812 complete classification of this Act to the Code, see sec- tion 7201 of Title 7 and Tables. The Commodity Credit Corporation Charter Act, re- ferred to in subsec. (a)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, which is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(D), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified prin- cipally to chapter 50 (§ 1921 et seq.) of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables. The Federal Crop Insurance Act, referred to in sub- sec. (a)(1)(E), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to sub- chapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agri- culture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables. AMENDMENTS 2018—Subsec. (a)(3)(A). Pub. L. 115–334 inserted ‘‘sub- part A of’’ before ‘‘part IV’’. 2014—Subsec. (a). Pub. L. 113–79, § 2713(b), substituted ‘‘predominant’’ for ‘‘predominate’’ in two places in in- troductory provisions. Subsec. (a)(1)(E). Pub. L. 113–79, § 2611(a)(1), added sub- par. (E). 2002—Pub. L. 107–171 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Pub. L. 104–127, § 311(1), struck out ‘‘following December 23, 1985,’’ before ‘‘any person who’’ in intro- ductory provisions. Par. (1)(A). Pub. L. 104–127, § 311(2)(A), added subpar. (A) and struck out former subpar. (A) which read as fol- lows: ‘‘any type of price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Char- ter Act (15 U.S.C. 714 et seq.), or any other Act;’’. Par. (1)(C). Pub. L. 104–127, § 311(2)(B), (E), redesig- nated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: ‘‘crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);’’. Par. (1)(D). Pub. L. 104–127, § 311(2)(E), redesignated subpar. (E) as (D). Former subpar. (D) redesignated (C). Pub. L. 104–127, § 311(2)(C), struck out before semi- colon ‘‘made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), under section 132 of the Disaster As- sistance Act of 1989 (7 U.S.C. 1421 note), or under any similar provision enacted subsequent to August 14, 1989’’. Par. (1)(E). Pub. L. 104–127, § 311(2)(D), (E), substituted ‘‘Consolidated Farm Service Agency’’ for ‘‘Farmers Home Administration’’ and redesignated subpar. (E) as (D). Par. (3). Pub. L. 104–127, § 311(3), added par. (3) and struck out former par. (3) which read as follows: ‘‘dur- ing such crop year— ‘‘(A) a payment made under section 590h, section 590l or section 590p(b) of this title; ‘‘(B) a payment made under section 2201 or section 2202 of this title; ‘‘(C) a payment under any contract entered into pursuant to section 3831 of this title; ‘‘(D) a payment under part II of subchapter IV of this chapter; ‘‘(E) a payment under part III of subchapter IV of this chapter; or ‘‘(F) a payment, loan or other assistance under sec- tion 1003 or section 1006a of this title.’’ 1991—Par. (1)(D). Pub. L. 102–237, § 204(1)(A), sub- stituted ‘‘(7 U.S.C. 1421 note)’’ for ‘‘(16 U.S.C. 1421 note)’’. Par. (3)(D), (E). Pub. L. 102–237, § 204(1)(B), (C), made technical amendments to references to part II of sub- chapter IV of this chapter and part III of subchapter IV of this chapter, in subpars. (D) and (E), respectively, to clarify references in corresponding provisions of origi- nal Act. 1990—Pub. L. 101–624, § 1411(1), inserted ‘‘, or des- ignates land on which highly erodible land is predomi- nate to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program ad- ministered by the Secretary to reduce production of an agricultural commodity, as determined by the Sec- retary’’ after ‘‘is predominate’’ in first sentence. Par. (1)(D). Pub. L. 101–624, § 1411(2), inserted reference to section 132 of the Disaster Assistance Act of 1989 and similar provisions enacted after Aug. 14, 1989. Par. (3). Pub. L. 101–624, § 1411(3)–(5), added par. (3). Statutory Notes and Related Subsidiaries CHANGE OF NAME Consolidated Farm Service Agency effectively re- named Farm Service Agency by the amendments made to section 6932 of Title 7, Agriculture, by Pub. L. 115–334, title XII, § 12404(a), Dec. 20, 2018, 132 Stat. 4974. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–127, title III, § 311, Apr. 4, 1996, 110 Stat. 982, provided that the amendment made by that section is effective 90 days after Apr. 4, 1996. SHORT TITLE Pub. L. 99–198, title XII, subtitle B, Dec. 23, 1985, 99 Stat. 1506, which is classified generally to this sub- chapter, is popularly known as the sodbuster provi- sions. WIND EROSION ESTIMATION PILOT PROJECT Pub. L. 104–127, title III, § 317, Apr. 4, 1996, 110 Stat. 986, provided that: ‘‘(a) IN GENERAL.—The Secretary of Agriculture shall conduct a pilot project to review, and modify as appro- priate, the use of wind erosion factors under the highly erodible conservation requirements of subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.). ‘‘(b) SELECTION OF COUNTIES AND PRODUCERS.—The pilot project shall be conducted for producers in those counties that— ‘‘(1) have approximately 100 percent of their crop- land determined to be highly erodible under title XII of the Act [16 U.S.C. 3801 et seq.]; ‘‘(2) have a reasonable likelihood that the use of wind erosion factors under title XII of the Act have resulted in an inequitable application of the highly erodible land requirements of title XII of the Act; and ‘‘(3) if the use of the land classification system under section 1201(a)(9)(A) of the Act [16 U.S.C. 3801(a)(9)(A)] (as redesignated by section 301(a)(1)) may result in a more accurate delineation of the cropland. ‘‘(c) ERRORS IN DELINEATION.—If the Secretary deter- mines that a significant error has occurred in delin- eating cropland under the pilot project, the Secretary shall, at the request of the owners or operators of the cropland, conduct a new delineation of the cropland using the most accurate available delineation process, as determined by the Secretary.’’ § 3812. Exemptions (a) Persons eligible for program benefits in con- nection with production or reduced produc- tion of crops on certain lands; eligibility based upon compliance with conservation plan by January 1, 1995; minimization of doc- umentation (1) During the period beginning on December 23, 1985, and ending on the later of January 1, 1990, or the date that is 2 years after the date land on which a crop of an agricultural com-