§ 3812. — Exemptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3812]
TITLE 16--CONSERVATION
CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER II--HIGHLY ERODIBLE LAND CONSERVATION
Sec. 3812. Exemptions
(a) Persons eligible for program benefits in connection with production
or reduced production of crops on certain lands; eligibility
based upon compliance with conservation plan by January 1, 1995;
minimization of documentation
(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 commodity is produced was mapped
by the Soil Conservation Service for purposes of classifying such land
under the land capability classification system in effect on December
23, 1985, except as provided in paragraph (2), no person shall become
ineligible under section 3811 of this title for program loans, payments,
and benefits as the result of the production of a crop of an
agricultural commodity on any land that was--
(A) cultivated to produce any of the 1981 through 1985 crops of
an agricultural commodity; or
(B) set aside, diverted or otherwise not cultivated under a
program administered by the Secretary for any such crops to reduce
production of an agricultural commodity.
(2) If, as of January 1, 1990, or 2 years after the Soil
Conservation Service has completed a soil survey for the farm, whichever
is later, a person is actively applying a conservation plan, such person
shall have until January 1, 1995, to comply with the plan without being
subject to program ineligibility. In carrying out this subsection, the
Secretary, Soil Conservation Service, and local soil conservation
districts shall minimize the quantity of documentation a person must
submit to comply with this paragraph.
(3) Any person who owns or operates highly erodible land that was
the subject of a contract entered into under subpart B of part I of
subchapter IV of this chapter shall only be required to apply a
conservation plan established under this subchapter. The person shall
not be required to meet a higher conservation standard than the standard
applied to other highly erodible cropland located within the same area.
If the person's conservation plan requires structures to be constructed,
the person shall have until 2 years after the expiration of such
contract to comply with the conservation plan, or a longer period of
time if the Secretary determines compliance is otherwise technically or
economically not feasible, or such longer period is otherwise
appropriate, before such person will be subject to program ineligibility
with respect to such land under section 3811 of this title.
(4) On the expiration of a contract entered into under subpart B of
part I of subchapter IV of this chapter, the provisions of this
subchapter shall apply to the acreage that was the subject of such
contract.
(b) Persons eligible for program benefits in connection with production
of certain planted crops or production of crops on highly
erodible land
No person shall become ineligible under section 3811 of this title
for program loans, payments, and benefits as the result of the
production of a crop of an agricultural commodity--
(1) planted before December 23, 1985; or
(2) planted during any crop year beginning before December 23,
1985.
(c) Ineligibility for loans and payments under section 3811
No person shall become ineligible under section 3811 of this title
for program loans, payments, and benefits as the result of the
production of a crop of an agricultural commodity or the designation of
land 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 (hereafter in this
subsection referred to as ``set aside'')--
(1) on highly erodible land in an area--
(A) within a conservation district, under a conservation
system that has been approved by a conservation district after
the district has determined that the conservation system is in
conformity with technical standards set forth in the Soil
Conservation Service technical guide for such district; or
(B) not within a conservation district, under a conservation
system determined by the Secretary to be adequate for the
protection of highly erodible land that has been set aside or
for the production of such agricultural commodity on any highly
erodible land subject to this chapter; or
(2) on highly erodible land that is planted or set aside in
reliance on a determination by the Soil Conservation Service that
such land was not highly erodible land, except that this paragraph
shall not apply to any agricultural commodity that was planted or
set aside on any land after the Soil Conservation Service determines
that such land is highly erodible land; or
(3) on highly erodible land planted to alfalfa during each of
the 1981 through 1985 crop years as part of a rotation practice
approved by the Secretary, if the person has submitted a
conservation plan, in which case, such person shall have until June
1, 1988, to comply with the plan without being subject to program
ineligibility under section 3811 of this title.
(d) Program ineligibility inapplicable to pre-December 23, 1985, section
3811 loans
Section 3811 of this title shall not apply to a loan described in
section 3811 of this title made before December 23, 1985.
(e) Limitations on ineligibility for tenants
If a tenant is determined to be ineligible for payments and other
benefits under section 3811 of this title, the Secretary may limit such
ineligibility only to the farm which is the basis for such ineligibility
determination if--
(1) the tenant has established to the satisfaction of the
Secretary that--
(A) 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 conservation plan for
such farm; and
(B) the landlord on the farm refuses to comply with such
plan on such farm; and
(2) the Secretary determines that such lack of compliance is not
a part of a scheme or device to avoid such compliance.
The Secretary shall provide an annual report to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate concerning the
ineligibility determinations limited during the previous 12-month period
under this subsection.
(f) Graduated sanctions
(1) No person shall become ineligible under section 3811 of this
title for program loans, payments, and benefits as a result of the
failure of such person to actively apply a conservation plan, if the
Secretary determines that the person has acted in good faith and without
an intent to violate this subchapter. A person who meets the
requirements of this paragraph shall be allowed a reasonable period of
time, as determined by the Secretary, but not to exceed 1 year, during
which to implement the measures and practices necessary to be considered
to be actively applying the person's conservation plan.
(2) If the Secretary determines that a person who has failed to
comply with the provisions of section 3811 of this title with respect to
highly erodible cropland that was not in production prior to December
23, 1985, and has acted in good faith and without an intent to violate
the provisions, the Secretary shall, in lieu of applying the
ineligibility provisions in section 3811 of this title, reduce by not
less than $500 nor more than $5,000, depending on the seriousness of the
violation as determined by the Secretary, program benefits described in
section 3811 of this title that such producer would otherwise be
eligible to receive in a crop year.
(3) Any person whose benefits are reduced in any crop year under
this subsection shall continue to be eligible for all of the benefits
described in section 3811 of this title for any subsequent crop year if,
prior to the beginning of such subsequent crop year, the Secretary
determines that such person is actively applying a conservation plan
according to the schedule set forth in such plan.
(4) Notwithstanding any other provision of this subchapter, no
person shall become ineligible under section 3811 of this title for
program loans, payments, and benefits as a result of the failure of such
person to actively apply a conservation plan, if the Secretary--
(A) determines that such failure results in a violation of
section 3811 of this title that is technical and minor in nature and
that such violation has a minimal effect on the erosion control
purposes of the conservation plan applicable to the land on which
such violation has occurred;
(B) determines that such failure is due to circumstances beyond
the control of the person; or
(C) grants the person a temporary variance from the practices
specified in the plan for the purpose of handling a specific
problem, including weather, pest, and disease problems.
(5) Expedited procedures for temporary variances.--After
consultation with local conservation districts, the Secretary shall
establish expedited procedures for the consideration and granting of
temporary variances under paragraph (4)(C). If the request for a
temporary variance under paragraph (4)(C) involves the use of practices
or measures to address weather, pest, or disease problems, the Secretary
shall make a decision on whether to grant the variance during the 30-day
period beginning on the date of receipt of the request. If the Secretary
fails to render a decision during the period, the temporary variance
shall be considered granted.
(g) Preparation or revision of conservation plan
The Secretary, in providing assistance to an individual in the
preparation or revision of a conservation plan under this section, shall
provide such individual with information--
(1) concerning cost effective and applicable erosion control
measures that may be available to such individual to meet the
requirements of this section; and
(2) concerning crop flexibility, base adjustment, and
conservation assistance options that may be available to such
individual to meet the requirements of this section, including the
provisions of titles X, XII, and XIII of the Food, Agriculture,
Conservation, and Trade Act of 1990 (or the amendments made by such
titles).
(h) Noncommercial production of agricultural commodities
Section 3811 of this title shall not apply to the noncommercial
production of agricultural commodities on a farm if such production is
limited to two acres or less and if the Secretary determines that such
production is not intended to circumvent the conservation requirements
otherwise applicable to lands under this subchapter.
(Pub. L. 99-198, title XII, Sec. 1212, Dec. 23, 1985, 99 Stat. 1506;
Pub. L. 100-28, Secs. 2, 3, Apr. 24, 1987, 101 Stat. 291; Pub. L. 101-
624, title XIV, Sec. 1412, Nov. 28, 1990, 104 Stat. 3569; Pub. L. 102-
237, title II, Sec. 204(2), Dec. 13, 1991, 105 Stat. 1854; Pub. L. 104-
127, title III, Secs. 301(d), 312-314, Apr. 4, 1996, 110 Stat. 981-983.)
References in Text
This chapter, referred to in subsec. (c)(1)(B), was in the original
``this title'', meaning title XII of Pub. L. 99-198, which enacted this
chapter and section 2005a of this title and amended sections 590g, 2004,
2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7,
Agriculture, and provisions set out as a note under section 1981 of
Title 7.
The Food, Agriculture, Conservation, and Trade Act of 1990, referred
to in subsec. (g)(2), is Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3359,
as amended. Title X of the Act enacted section 1446h of Title 7 and
amended section 1425a of Title 7. Title XII of the Act, known as the
Forest Stewardship Act of 1990, is classified principally to amended
chapter 41 (Sec. 2101 et seq.) of this title. Title XIII of the Act
enacted sections 138 to 138i and 499b-1 of Title 7, amended sections
499c, 608c, and 608e-1 of Title 7, and enacted provisions set out as
notes under sections 499a and 1622 of Title 7. For complete
classification of this Act to the Code, see Short Title of 1990
Amendment note set out under section 1421 of Title 7 and Tables.
Amendments
1996--Subsec. (a)(2). Pub. L. 104-127, Sec. 301(d)(1), in first
sentence, struck out ``that documents the decisions of the person with
respect to location, land use, tillage systems, and conservation
treatment measures and schedule and that is based on the local Soil
Conservation Service technical guide and approved by the local soil
conservation district, in consultation with the local committees
established under section 590h(b) of this title and the Secretary, or by
the Secretary'' after ``applying a conservation plan''.
Subsec. (a)(3). Pub. L. 104-127, Sec. 312, substituted ``shall only
be required to apply a conservation plan established under this
subchapter. The person shall not be required to meet a higher
conservation standard than the standard applied to other highly erodible
cropland located within the same area. If the person's conservation plan
requires structures to be constructed, the person shall'' for ``shall,
if the conservation plan established under this subchapter for such land
requires structures to be constructed,''.
Subsec. (c)(3). Pub. L. 104-127, Sec. 301(d)(2), substituted ``, in
which case,'' for ``based on the local Soil Conservation Service
technical guide and approved by the local soil conservation district, in
consultation with the local committees established under section 590h(b)
of this title and the Secretary,''.
Subsec. (e)(1)(A). Pub. L. 104-127, Sec. 301(d)(3), substituted
``conservation plan'' for ``conservation compliance plan''.
Subsec. (f)(1). Pub. L. 104-127, Sec. 313(a), substituted ``No
person'' for ``Except to the extent provided in paragraph (2), no
person'' and substituted ``the person has acted in good faith and
without an intent to violate this subchapter. A person who meets the
requirements of this paragraph shall be allowed a reasonable period of
time, as determined by the Secretary, but not to exceed 1 year, during
which to implement the measures and practices necessary to be considered
to be actively applying the person's conservation plan.'' for ``such
person has--
``(A) not violated the provisions of section 3811 of this title
within the previous 5 years on a farm; and
``(B) acted in good faith and without the intent to violate the
provisions of this subchapter.''
Pub. L. 104-127, Sec. 301(d)(4)(A), struck out ``that documents the
decisions of such person with respect to location, land use, tillage
systems, and conservation treatment measures and schedules prepared
under subsection (a) of this section'' after ``apply a conservation
plan''.
Subsec. (f)(2). Pub. L. 104-127, Sec. 313(b), substituted ``with
respect to highly erodible cropland that was not in production prior to
December 23, 1985, and has acted in good faith and without an intent to
violate the provisions'' for ``meets the requirements of paragraph
(1)''.
Subsec. (f)(3). Pub. L. 104-127, Sec. 301(d)(4)(B), struck out
``prepared under subsection (a) of this section'' after ``a conservation
plan''.
Subsec. (f)(4). Pub. L. 104-127, Sec. 313(c), struck out concluding
sentence which read as follows: ``A determination or the granting of a
variance by the Secretary under this paragraph shall not be counted as a
violation for the purposes of paragraph (1)(A).''
Pub. L. 104-127, Sec. 301(d)(4)(C), in introductory provisions,
struck out ``that documents the decisions of such person with respect to
location, land use, tillage systems, and conservation treatment measures
and schedules prepared under subsection (a) of this section'' after
``apply a conservation plan''.
Subsec. (f)(4)(C). Pub. L. 104-127, Sec. 314(1), substituted
``problem, including weather, pest, and disease problems'' for
``problem''.
Subsec. (f)(5). Pub. L. 104-127, Sec. 314(2), added par. (5).
1991--Subsec. (f)(4)(A). Pub. L. 102-237, Sec. 204(2)(A),
substituted ``such violation'' for ``such violations'' after ``which''.
Subsec. (g)(2). Pub. L. 102-235, Sec. 204(2)(B), struck out comma
after ``XIII''.
1990--Subsec. (a)(3), (4). Pub. L. 101-624, Sec. 1412(a), added
pars. (3) and (4).
Subsec. (b)(1), (2). Pub. L. 101-624, Sec. 1412(b)(1), (2), inserted
``or'' in par. (1) and substituted a period for a semicolon in par. (2).
Subsec. (b)(3) to (5). Pub. L. 101-624, Sec. 1412(b)(4),
redesignated pars. (3) to (5) as pars. (1) to (3), respectively, of
subsec. (c).
Subsec. (c). Pub. L. 101-624, Sec. 1412(b)(3), (4), added subsec.
(c) introductory provisions, and redesignated former subsec. (c) as (d).
Subsec. (c)(1). Pub. L. 101-624, Sec. 1412(b)(4), (5), redesignated
par. (3) of subsec. (b) as par. (1) of subsec. (c) and in subpar. (B)
inserted ``for the protection of highly erodible land that has been set
aside or'' after ``adequate''.
Subsec. (c)(2). Pub. L. 101-624, Sec. 1412(b)(4), (6), redesignated
par. (4) of subsec. (b) as par. (2) of subsec. (c) and inserted ``or set
aside'' in two places.
Subsec. (c)(3). Pub. L. 101-624, Sec. 1412(b)(4), redesignated par.
(5) of subsec. (b) as par. (3) of subsec. (c).
Subsec. (d). Pub. L. 101-624, Sec. 1412(b)(3), redesignated subsec.
(c) as (d).
Subsecs. (e) to (h). Pub. L. 101-624, Sec. 1412(c)-(f), added
subsecs. (e) to (h).
1987--Subsec. (a)(2). Pub. L. 100-28, Sec. 3, inserted ``that
documents the decisions of the person with respect to location, land
use, tillage systems, and conservation treatment measures and schedule
and that is'' after ``conservation plan'', and inserted at end ``In
carrying out this subsection, the Secretary, Soil Conservation Service,
and local soil conservation districts shall minimize the quantity of
documentation a person must submit to comply with this paragraph.''
Subsec. (b)(5). Pub. L. 100-28, Sec. 2(b), added par. (5).
Section Referred to in Other Sections
This section is referred to in sections 3801, 3811, 3843 of this
title; title 7 section 1924.
