§ 3812. Exemptions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1985

   Food Security Act of 1985

   Pub. L. 99–198 title XII § 1212 · 99 Stat. 1354

   Enacted · 16 U.S.C. § 3812

   Pub. L. 99–198, title XII, § 1212, Dec. 23, 1985, 99 Stat. 1506

   Source evidence

   Code source credit
   Pub. L. 99–198, title XII, § 1212, Dec. 23, 1985, 99 Stat. 1506

   Enacted provision · exact public law section
   Sec. 1212. exemptions (a) (1) During the period beginning on the date of the enactment of this Act 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 the date of enactment of this Act, except as provided in paragraph (2), no person Supra. shall become ineligible under section 1211 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 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 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) and the Secretary, or by the Secretary, such person shall have until January 1, 1995, to comply with the plan without being subject to program ineligibility. (b) No person shall become ineligible under section 1211 for Ante, p. 1506. program loans, payments, and benefits as the result of the production of a crop of an agricultural commodity— (1) planted before the date of enactment of this Act; (2) planted during any crop year beginning before the date of enactment of this Act; (3) 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 production of such agricultural commodity on any highly erodible land subject to this title; or (4) on highly erodible land that is planted 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 on any land after the Soil Conservation Service determines that such land is highly erodible land. (c) Section 1211 shall not apply to a loan described in section 1211 made before the date of enactment of this Act.

2. 1987

   Pub. L. 100–28 § 3 · 101 Stat. 291

   1. Inserted · 16 U.S.C. § 3812(a)(2)

      Pub. L. 100–28, § 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”

   2. Inserted · 16 U.S.C. § 3812(a)(2)

      Pub. L. 100–28, § 3, 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.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–28, § 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.”

   Enacted provision · exact public law section
   SEC. 3. CONSERVATION PLAN FOR HIGHLY ERODIBLE LAND. Section 1212(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3812(a)(2)) is amended— (1) by inserting after “conservation plan” the following: “that documents the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedule and that is”; and (2) by adding at the end thereof the following new sentence: “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. 1987

   Pub. L. 100–28 § 2(b) · 101 Stat. 291

   Added · 16 U.S.C. § 3812(b)(5)

   Pub. L. 100–28, § 2(b), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 100–28, § 2(b), added par. (5).

   Enacted provision · exact public law section
   SEC. 2. PHASE IN OF CONSERVATION PLANNING PROCESS FOR PRODUCERS PLANTING ALFALFA. (a) Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812(b)) is amended by striking the period at the end of subsection (b) and inserting in lieu thereof “; or” and (b) by adding the following new paragraph: “(5) 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 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 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) and the Secretary, such person shall have until June 1, 1988, to comply with the plan without being subject to program ineligibility under section 1211.”.

4. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1412(a) · 104 Stat. 3359

   Added · 16 U.S.C. § 3812(a)(3); 16 U.S.C. § 3812(a)(4)

   Pub. L. 101–624, § 1412(a), added pars. (3) and (4)

   Source evidence

   Code amendment note
   Subsec. (a)(3), (4). Pub. L. 101–624, § 1412(a), added pars. (3) and (4).

   Enacted provision · exact public law section
   (a) Conservation Compliance.— Section 1212(a) of the Food Security Act of 1985 (16 U.S.C. 3812(a)) is amended by adding at the end thereof the following new paragraphs: “(3) Any person who owns or operates highly erodible land that was the subject of a contract entered into under subchapter B of chapter 1 of subtitle D shall, if the conservation plan established under this subtitle for such land requires structures to be constructed, 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 1211. “(4) On the expiration of a contract entered into under subchapter B of chapter 1 of subtitle D, the provisions of this subtitle shall apply to the acreage that was the subject of such contract.”.

5. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1412(b)(1) · 104 Stat. 3359

   1. Inserted · 16 U.S.C. § 3812(b)(1); 16 U.S.C. § 3812(b)(2)

      Pub. L. 101–624, § 1412(b)(1), (2), inserted “or” in par. (1)

   2. Substituted · 16 U.S.C. § 3812(b)(1); 16 U.S.C. § 3812(b)(2)

      Pub. L. 101–624, § 1412(b)(1), (2), substituted a period for a semicolon in par. (2)

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2). Pub. L. 101–624, § 1412(b)(1), (2), inserted “or” in par. (1) and substituted a period for a semicolon in par. (2).

   Enacted provision · exact public law section
   (1) in subsection (b)(1), by inserting “or” after the semicolon;

6. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1412(b)(4) · 104 Stat. 3359

   Redesignated · 16 U.S.C. § 3812(b)(3)(5)

   Pub. L. 101–624, § 1412(b)(4), redesignated pars. (3) to (5) as pars. (1) to (3), respectively, of subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (b)(3) to (5). Pub. L. 101–624, § 1412(b)(4), redesignated pars. (3) to (5) as pars. (1) to (3), respectively, of subsec. (c).

   Enacted provision · exact public law section
   (4) by redesignating the paragraphs (3) through (5) of subsection (b) as paragraphs (1) through (3), respectively, of subsection (c) and by inserting after subsection (b)(2) the following: “(c) No person shall become ineligible under section 1211 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’)—

7. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1412(b)(3) · 104 Stat. 3359

   1. Added · 16 U.S.C. § 3812(c)

      Pub. L. 101–624, § 1412(b)(3), (4), added subsec. (c) introductory provisions

   2. Redesignated · 16 U.S.C. § 3812(c)

      Pub. L. 101–624, § 1412(b)(3), (4), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–624, § 1412(b)(3), (4), added subsec. (c) introductory provisions, and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (3) by redesignating subsection (c) as subsection (d);

8. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1412(b)(4) · 104 Stat. 3359

   Redesignated · 16 U.S.C. § 3812(c)(1)

   Pub. L. 101–624, § 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”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 101–624, § 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”.

   Enacted provision · exact public law section
   (4) by redesignating the paragraphs (3) through (5) of subsection (b) as paragraphs (1) through (3), respectively, of subsection (c) and by inserting after subsection (b)(2) the following: “(c) No person shall become ineligible under section 1211 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’)—

9. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1412(b)(4) · 104 Stat. 3359

   1. Redesignated · 16 U.S.C. § 3812(c)(2)

      Pub. L. 101–624, § 1412(b)(4), (6), redesignated par. (4) of subsec. (b) as par. (2) of subsec. (c)

   2. Inserted · 16 U.S.C. § 3812(c)(2)

      Pub. L. 101–624, § 1412(b)(4), (6), inserted “or set aside” in two places

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 101–624, § 1412(b)(4), (6), redesignated par. (4) of subsec. (b) as par. (2) of subsec. (c) and inserted “or set aside” in two places.

   Enacted provision · exact public law section
   (4) by redesignating the paragraphs (3) through (5) of subsection (b) as paragraphs (1) through (3), respectively, of subsection (c) and by inserting after subsection (b)(2) the following: “(c) No person shall become ineligible under section 1211 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’)—

10. 1990

    Conservation Program Improvements Act

    Pub. L. 101–624 § 1412(b)(4) · 104 Stat. 3359

    Redesignated · 16 U.S.C. § 3812(c)(3)

    Pub. L. 101–624, § 1412(b)(4), redesignated par. (5) of subsec. (b) as par. (3) of subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 101–624, § 1412(b)(4), redesignated par. (5) of subsec. (b) as par. (3) of subsec. (c).

    Enacted provision · exact public law section
    (4) by redesignating the paragraphs (3) through (5) of subsection (b) as paragraphs (1) through (3), respectively, of subsection (c) and by inserting after subsection (b)(2) the following: “(c) No person shall become ineligible under section 1211 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’)—

11. 1990

    Conservation Program Improvements Act

    Pub. L. 101–624 § 1412(b)(3) · 104 Stat. 3359

    Redesignated · 16 U.S.C. § 3812(d)

    Pub. L. 101–624, § 1412(b)(3), redesignated subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–624, § 1412(b)(3), redesignated subsec. (c) as (d).

    Enacted provision · exact public law section
    (3) by redesignating subsection (c) as subsection (d);

12. 1990

    Conservation Program Improvements Act

    Pub. L. 101–624 § 1412(c) · 104 Stat. 3359

    Added · 16 U.S.C. § 3812(e)(h)

    Pub. L. 101–624, § 1412(c)–(f), added subsecs. (e) to (h)

    Source evidence

    Code amendment note
    Subsecs. (e) to (h). Pub. L. 101–624, § 1412(c)–(f), added subsecs. (e) to (h).

    Enacted provision · exact public law section
    (c) Tenants.— Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) (as amended by subsection (b) of this section) is amended by adding at the end the following new subsection: “(e) If a tenant is determined to be ineligible for payments and other benefits under section 1211, 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 compliance 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. Reports. 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.”.

13. 1991

    Pub. L. 102–235 § 204(2)(B) · 105 Stat. 1806

    Struck · 16 U.S.C. § 3812(g)(2)

    Pub. L. 102–235, § 204(2)(B), struck out comma after “XIII”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 102–235, § 204(2)(B), struck out comma after “XIII”.

14. 1991

    Pub. L. 102–237 § 204(2)(A) · 105 Stat. 1818

    Substituted · 16 U.S.C. § 3812(f)(4)(A)

    Pub. L. 102–237, § 204(2)(A), substituted “such violation” for “such violations” after “which”

    Source evidence

    Code amendment note
    Subsec. (f)(4)(A). Pub. L. 102–237, § 204(2)(A), substituted “such violation” for “such violations” after “which”.

    Enacted provision · exact public law section
    (A) in subsection (f)(4)(A), by striking “such violations” and inserting “such violation”; and

15. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 301(d)(1) · 110 Stat. 888

    Struck · 16 U.S.C. § 3812(a)(2)

    Pub. L. 104–127, § 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”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 104–127, § 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”.

    Enacted provision · exact public law section
    (1) in the first sentence of subsection (a)(2), by striking “that documents” and all that follows through “by the Secretary”;

16. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 312 · 110 Stat. 888

    Substituted · 16 U.S.C. § 3812(a)(3)

    Pub. L. 104–127, § 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,”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 104–127, § 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,”.

    Enacted provision · exact public law section
    SEC. 312. CONSERVATION RESERVE LANDS. Section 1212(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3812(a)(3)) is amended by striking “shall, if the conservation plan established under this subtitle for such land requires structures to be constructed,” and inserting “shall only be required to apply a conservation plan established under this subtitle. 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”.

17. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 301(d)(2) · 110 Stat. 888

    Substituted · 16 U.S.C. § 3812(c)(3)

    Pub. L. 104–127, § 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,”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 104–127, § 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,”.

    Enacted provision · exact public law section
    (2) in subsection (c)(3), by striking “based on” and all that follows through “and the Secretary,” and inserting “, in which case,”;

18. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 301(d)(3) · 110 Stat. 888

    Substituted · 16 U.S.C. § 3812(e)(1)(A)

    Pub. L. 104–127, § 301(d)(3), substituted “conservation plan” for “conservation compliance plan”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 104–127, § 301(d)(3), substituted “conservation plan” for “conservation compliance plan”.

    Enacted provision · exact public law section
    (3) in subsection (e)(1)(A), by striking “conservation compliance plan” and inserting “conservation plan”; and

19. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 313(a) · 110 Stat. 888

    1. Substituted · 16 U.S.C. § 3812(f)(1)

       Pub. L. 104–127, § 313(a), substituted “No person” for “Except to the extent provided in paragraph (2), no person”

    2. Substituted · 16 U.S.C. § 3812(f)(1)

       Pub. L. 104–127, § 313(a), 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—

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 104–127, § 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.”

    Enacted provision · exact public law section
    (a) Grace Period To Resume Conservation Compliance.— Section 1212(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3812(f)( 1)) is amended— (1) by striking “Except to the extent provided in paragraph (2), no” and inserting “No”; and (2) by striking “such person has—” and all that follows through the period at the end of subparagraph (B) and inserting the following: “the person has acted in good faith and without an intent to violate this subtitle. 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.”.

20. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 301(d)(4)(A) · 110 Stat. 888

    Struck · 16 U.S.C. § 3812(f)(1)

    Pub. L. 104–127, § 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”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–127, § 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”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “that documents” and all that follows through “under subsection (a)”;

21. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 313(b) · 110 Stat. 888

    Substituted · 16 U.S.C. § 3812(f)(2)

    Pub. L. 104–127, § 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)”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 104–127, § 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)”.

    Enacted provision · exact public law section
    (b) Special Penalties Regarding Certain Highly Erodible Cropland.— Section 1212(f)(2) of the Food Security Act of 1985 (16 U.S.C. 3812(f)(2)) is amended by striking “meets the requirements of paragraph (1)” and inserting “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”.

22. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 301(d)(4)(B) · 110 Stat. 888

    Struck · 16 U.S.C. § 3812(f)(3)

    Pub. L. 104–127, § 301(d)(4)(B), struck out “prepared under subsection (a) of this section” after “a conservation plan”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 104–127, § 301(d)(4)(B), struck out “prepared under subsection (a) of this section” after “a conservation plan”.

    Enacted provision · exact public law section
    (B) in paragraph (3), by striking “prepared under subsection (a)”; and

23. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 313(c) · 110 Stat. 888

    Struck · 16 U.S.C. § 3812(f)(4)

    Pub. L. 104–127, § 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).”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 104–127, § 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).”

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 1212(f)(4) of the Food Security Act of 1985 (16 U.S.C. 3812(f)(4)) is amended by striking the last sentence.

24. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 301(d)(4)(C) · 110 Stat. 888

    Struck · 16 U.S.C. § 3812(f)(4)

    Pub. L. 104–127, § 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”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–127, § 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”.

    Enacted provision · exact public law section
    (C) in paragraph (4), by striking “that documents” and all that follows through “subsection (a)”.

25. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 314(1) · 110 Stat. 888

    Substituted · 16 U.S.C. § 3812(f)(4)(C)

    Pub. L. 104–127, § 314(1), substituted “problem, including weather, pest, and disease problems” for “problem”

    Source evidence

    Code amendment note
    Subsec. (f)(4)(C). Pub. L. 104–127, § 314(1), substituted “problem, including weather, pest, and disease problems” for “problem”.

    Enacted provision · exact public law section
    (1) in paragraph (4)(C), by striking “problem” and inserting “problem, including weather, pest, and disease problems”; and

26. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 314(2) · 110 Stat. 888

    Added · 16 U.S.C. § 3812(f)(5)

    Pub. L. 104–127, § 314(2), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 104–127, § 314(2), added par. (5).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(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.”.

27. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 2002 · 122 Stat. 1651

    1. Added · 16 U.S.C. § 3812(f)

       Pub. L. 110–246, § 2002, added subsec. (f)

    2. Struck · 16 U.S.C. § 3812(f)

       Pub. L. 110–246, § 2002, struck out former subsec. (f) which related to graduated sanctions

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–246, § 2002, added subsec. (f) and struck out former subsec. (f) which related to graduated sanctions.

    Enacted provision · exact public law section
    SEC. 2002. REVIEW OF GOOD FAITH DETERMINATIONS RELATED TO HIGHLY ERODIBLE LAND CONSERVATION.   Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is amended by striking subsection (f) and inserting the following new subsection: “(f) Graduated Penalties.— “(1) Ineligibility.— No person shall become ineligible under section 1211 for program loans, payments, and benefits as a result of the failure of the 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 subtitle. “(2) Eligible reviewers.— A determination of the Secretary, or a designee of the Secretary, under paragraph (1) shall be reviewed by the applicable— “(A) State Executive Director, with the technical concurrence of the State Conservationist; or “(B) district director, with the technical concurrence of the area conservationist. “(3) Period for implementation.— A person who meets the requirements of paragraph (1) 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 conservation plan of the person. “(4) Penalties.— “(A) Application.— This paragraph applies if the Secretary determines that— “(i) a person has failed to comply with section 1211 with respect to highly erodible cropland, and has acted in good faith and without an intent to violate section 1211; or “(ii) the violation— “(I) is technical and minor in nature; and “(II) has a minimal effect on the erosion control purposes of the conservation plan applicable to the land on which the violation has occurred. “(B) Reduction.— If this paragraph applies under subparagraph (A), the Secretary shall, in lieu of applying the ineligibility provisions of section 1211, reduce program benefits described in section 1211 that the producer would otherwise be eligible to receive in a crop year by an amount commensurate with the seriousness of the violation, as determined by the Secretary. “(5) Subsequent crop years.— Any person whose benefits are reduced for any crop year under this subsection shall continue to be eligible for all of the benefits described in section 1211 for any subsequent crop year if, prior to the beginning of the subsequent crop year, the Secretary determines that the person is actively applying a conservation plan according to the schedule specified in the plan.” .

    Effective date note
    Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

28. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 title II § 2611(a)(2) · 128 Stat. 649

    1. Inserted · 16 U.S.C. § 3812(a)(2)

       Pub. L. 113–79 inserted par. (2) heading

    2. Amended · 16 U.S.C. § 3812(a)(2)

       Pub. L. 113–79 designated first sentence as subpar. (A)

    3. Inserted · 16 U.S.C. § 3812(a)(2)

       Pub. L. 113–79 inserted heading

    4. Amended · 16 U.S.C. § 3812(a)(2)

       Pub. L. 113–79 designated second sentence as subpar. (B)

    5. Added · 16 U.S.C. § 3812(a)(2)

       Pub. L. 113–79 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 113–79 inserted par. (2) heading, designated first sentence as subpar. (A) and inserted heading, designated second sentence as subpar. (B) and inserted heading, and added subpar. (C).

    Enacted provision · exact public law section
    (2) Exemptions.— Section 1212(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3812(a)(2)) is amended— (A) in the first sentence, by striking “(2) If,” and inserting the following: “(2) Eligibility based on compliance with conservation plan.— “(A) In general.— If,” ; (B) in the second sentence, by striking “In carrying” and inserting the following: “(B) Minimization of documentation.— In carrying” ; and (C) by adding at the end the following: “(C) Crop insurance.— “(i) Operations new to compliance.— Notwithstanding section 1211(a), in the case of a person that is subject to section 1211 for the first time solely due to the amendment made by section 2611(a) of the Agricultural Act of 2014, any person who produces an agricultural commodity on the land that is the basis of the payments described in section 1211(a)(1)(E) shall have 5 reinsurance years after the date on which such payments become subject to section 1211 to develop and comply with an approved conservation plan so as to maintain eligibility for such payments. “(ii) Existing operations with prior violations.— Notwithstanding section 1211(a), in the case of a person that the Secretary determines would have been in violation of section 1211(a) if the person had continued participation in the programs requiring compliance at any time after the date of enactment of the Agricultural Act of 2014 and is currently in violation of section 1211(a), the person shall have 2 reinsurance years after the date on which the payments described in section 1211(a)(1)(E) become subject to section 1211 to develop and comply with an approved conservation plan, as determined by the Secretary, so as to maintain eligibility for such payments. “(iii) Applicable reinsurance year.— Ineligibility for the payment described in section 1211(a)(1)(E) for a violation under this subparagraph during a crop year shall— “(I) only apply to reinsurance years subsequent to the date of a 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 the final determination.” .

37 of 38 references resolved to an enrolled provision · 1 partial