§ 3811. — Program ineligibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3811]
TITLE 16--CONSERVATION
CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER II--HIGHLY ERODIBLE LAND CONSERVATION
Sec. 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 agricultural commodity on a field on which highly
erodible land is predominate, or designates land on which highly
erodible land is predominate to be set aside, diverted, devoted to
conservation uses, or otherwise not cultivated under a program
administered by the Secretary to reduce production of an agricultural
commodity, as determined 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 payment 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; or
(D) a loan made, insured, or guaranteed under the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) or any other provision of law administered by the
Consolidated Farm Service Agency, 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;
(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 commodity acquired by the
Commodity Credit Corporation; or
(3) during the crop year--
(A) a payment made pursuant to a contract entered into under
the environmental quality incentives program under part IV of
subchapter IV of this chapter;
(B) a payment under any other provision of subchapter IV of
this chapter;
(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 delegate to any private
person or entity, authority to determine whether a person has complied
with this subchapter.
(Pub. L. 99-198, title XII, Sec. 1211, Dec. 23, 1985, 99 Stat. 1506;
Pub. L. 101-624, title XIV, Sec. 1411, Nov. 28, 1990, 104 Stat. 3569;
Pub. L. 102-237, title II, Sec. 204(1), Dec. 13, 1991, 105 Stat. 1854;
Pub. L. 104-127, title III, Sec. 311, Apr. 4, 1996, 110 Stat. 982; Pub.
L. 107-171, title II, Sec. 2002(a), May 13, 2002, 116 Stat. 233.)
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 (Sec. 7201 et seq.) of
Title 7, Agriculture. For complete classification of this Act to the
Code, see section 7201 of Title 7 and Tables.
The Commodity Credit Corporation Charter Act, referred to in subsec.
(a)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended,
which is classified generally to subchapter II (Sec. 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, as amended, which is classified principally to chapter 50
(Sec. 1921 et seq.) of Title 7, Agriculture. For complete classification
of this Act to the Code, see Short Title note set out under section 1921
of Title 7 and Tables.
Amendments
2002--Pub. L. 107-171 designated existing provisions as subsec. (a),
inserted heading, and added subsec. (b).
1996--Pub. L. 104-127, Sec. 311(1), struck out ``following December
23, 1985,'' before ``any person who'' in introductory provisions.
Par. (1)(A). Pub. L. 104-127, Sec. 311(2)(A), added subpar. (A) and
struck out former subpar. (A) which read as follows: ``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 Charter Act (15
U.S.C. 714 et seq.), or any other Act;''.
Par. (1)(C). Pub. L. 104-127, Sec. 311(2)(B), (E), redesignated
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, Sec. 311(2)(E), redesignated subpar.
(E) as (D). Former subpar. (D) redesignated (C).
Pub. L. 104-127, Sec. 311(2)(C), struck out before semicolon ``made
under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), under
section 132 of the Disaster Assistance 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, Sec. 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, Sec. 311(3), added par. (3) and struck
out former par. (3) which read as follows: ``during 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 section 1003 or
section 1006a of this title.''
1991--Par. (1)(D). Pub. L. 102-237, Sec. 204(1)(A), substituted ``(7
U.S.C. 1421 note)'' for ``(16 U.S.C. 1421 note)''.
Par. (3)(D), (E). Pub. L. 102-237, Sec. 204(1)(B), (C), made
technical amendments to references to part II of subchapter 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 original Act.
1990--Pub. L. 101-624, Sec. 1411(1), inserted ``, or designates land
on which highly erodible land is predominate to be set aside, diverted,
devoted to conservation uses, or otherwise not cultivated under a
program administered by the Secretary to reduce production of an
agricultural commodity, as determined by the Secretary'' after ``is
predominate'' in first sentence.
Par. (1)(D). Pub. L. 101-624, Sec. 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, Sec. 1411(3)-(5), added par. (3).
Effective Date of 1996 Amendment
Section 311 of Pub. L. 104-127 provided that the amendment made by
that section is effective 90 days after Apr. 4, 1996.
Wind Erosion Estimation Pilot Project
Section 317 of Pub. L. 104-127 provided that:
``(a) In General.--The Secretary of Agriculture shall conduct a
pilot project to review, and modify as appropriate, 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 cropland
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 determines that a
significant error has occurred in delineating 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.''
Section Referred to in Other Sections
This section is referred to in sections 3812, 3812a of this title;
title 7 section 7251.
