[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3821]
TITLE 16--CONSERVATION
CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER III--WETLAND CONSERVATION
Sec. 3821. Program ineligibility
(a) Production on converted wetland
Except as provided in this subchapter and notwithstanding any other
provision of law, any person who in any crop year produces an
agricultural commodity on converted wetland, as determined by the
Secretary, shall be--
(1) in violation of this section; and
(2) ineligible for loans or payments in an amount determined by
the Secretary to be proportionate to the severity of the violation.
(b) Ineligibility for certain loans and payments
If a person is determined to have committed a violation under
subsection (a) of this section during a crop year, the Secretary shall
determine which of, and the amount of, the following loans and payments
for which the person shall be ineligible:
(1) 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.
(2) A loan made 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 the loan will be used for
a purpose that will contribute to conversion of a wetland (other
than as provided in this subchapter) to produce an agricultural
commodity.
(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.
(D) A payment, loan, or other assistance under section 1003
or 1006a of this title.
(c) Wetland conversion
Except as provided in section 3822 of this title and notwithstanding
any other provision of law, any person who in any crop year beginning
after November 28, 1990, converts a wetland by draining, dredging,
filling, leveling, or any other means for the purpose, or to have the
effect, of making the production of an agricultural commodity possible
on such converted wetland shall be ineligible for those payments, loans,
or programs specified in subsection (b) of this section for that crop
year and all subsequent crop years.
(d) Prior loans
This section shall not apply to a loan described in subsection (b)
of this section made before December 23, 1985.
(e) Wetland
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. 1221, Dec. 23, 1985, 99 Stat. 1507;
Pub. L. 101-624, title XIV, Sec. 1421(b), Nov. 28, 1990, 104 Stat. 3572;
Pub. L. 102-237, title II, Sec. 204(3), Dec. 13, 1991, 105 Stat. 1855;
Pub. L. 102-552, title III, Sec. 308(a), Oct. 28, 1992, 106 Stat. 4116;
Pub. L. 104-127, title III, Sec. 321, Apr. 4, 1996, 110 Stat. 986; Pub.
L. 107-171, title II, Sec. 2002(b), May 13, 2002, 116 Stat. 233.)
References in Text
The Agricultural Market Transition Act, referred to in subsec.
(b)(1), 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.
(b)(1), 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. (b)(2), 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--Subsec. (e). Pub. L. 107-171 added subsec. (e).
1996--Pub. L. 104-127, Sec. 321(a)(2), reenacted section catchline
without change.
Subsec. (a). Pub. L. 104-127, Sec. 321(a)(2), added subsec. (a) and
struck out former subsec. (a) which related to ineligibility of persons
producing an agricultural commodity on converted wetland to receive
certain Federal payments, loans, insurance benefits, and other benefits.
Subsec. (b). Pub. L. 104-127, Sec. 321(a)(2), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104-127, Sec. 321(b)(1), inserted heading and
substituted ``beginning after November 28, 1990,'' for ``subsequent to
