§ 3821. Program ineligibility

Footnotes

1. 1 See Change of Name note below.

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 § 1221 · 99 Stat. 1354

   Enacted · 16 U.S.C. § 3821

   Pub. L. 99–198, title XII, § 1221, Dec. 23, 1985, 99 Stat. 1507

   Source evidence

   Code source credit
   Pub. L. 99–198, title XII, § 1221, Dec. 23, 1985, 99 Stat. 1507

   Enacted provision · exact public law section
   Sec. 1221. program ineligibility Except as provided in section 1222 and notwithstanding 16 USC 3821. Post, p. 1508. any other provision of law, following the date of enactment of this Act, any person who in any crop year produces an agricultural commodity on converted wetland shall be ineligible for— (1) as to any commodity produced during that crop year by such person— (A) 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; (B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. Ante, p. 1503. 714b(h)); (C) crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); (D) a disaster payment made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), or (E) 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 Farmers Home Administration, if the Secretary determines that the proceeds of such loan will be used for a purpose that will contribute to conversion of wetlands (other than as provided in this subtitle) to produce an agricultural commodity; or (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.

2. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1421(b)(1) · 104 Stat. 3359

   Amended · 16 U.S.C. § 3821(a)

   Pub. L. 101–624, § 1421(b)(1), designated existing provisions as subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–624, § 1421(b)(1), designated existing provisions as subsec. (a).

   Enacted provision · exact public law section
   (1) by striking “Except as provided” and inserting “(a) Except as provided”;

3. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1421(b)(2) · 104 Stat. 3359

   Inserted · 16 U.S.C. § 3821(a)(1)(D)

   Pub. L. 101–624, § 1421(b)(2), inserted reference to section 132 of the Disaster Assistance Act of 1989 and similar provisions enacted after Aug. 14, 1989

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D). Pub. L. 101–624, § 1421(b)(2), inserted reference to section 132 of the Disaster Assistance Act of 1989 and similar provisions enacted after Aug. 14, 1989.

   Enacted provision · exact public law section
   (2) in paragraph (1)(D), by inserting before the semicolon “, under section 132 of the Disaster Assistance Act of 1989 (16 U.S.C. 1421 note), or under any similar provision enacted subsequent to August 14, 1989”;

4. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1421(b)(3) · 104 Stat. 3359

   Added · 16 U.S.C. § 3821(a)(3)

   Pub. L. 101–624, § 1421(b)(3)–(5), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 101–624, § 1421(b)(3)–(5), added par. (3).

   Enacted provision · exact public law section
   (3) in paragraph (1)(E), by striking the final “or”;

5. 1990

   Conservation Program Improvements Act

   Pub. L. 101–624 § 1421(b)(6) · 104 Stat. 3359

   Added · 16 U.S.C. § 3821(b)

   Pub. L. 101–624, § 1421(b)(6), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–624, § 1421(b)(6), added subsec. (b).

   Enacted provision · exact public law section
   (6) by adding after subsection (a) (as designated by paragraph (1)), a new subsection (b) as follows: “(b) Except as provided in section 1222 and notwithstanding any other provision of law, any person who in any crop year subsequent to the date of enactment of the Food, Agriculture, Conservation, and Trade Act of 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 subsections (a) (1) through (3) for that crop year and all subsequent crop years.”.

6. 1991

   Pub. L. 102–237 title II § 204(3) · 105 Stat. 1818

   1. Amended · 16 U.S.C. § 3821(a)(1)(D)

      Pub. L. 102–237, as amended by Pub. L. 102–552

   2. Substituted · 16 U.S.C. § 3821(a)(1)(D)

      Pub. L. 102–237, as substituted “(7 U.S.C. 1421 note)” for “(16 U.S.C. 1421 note)”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D). Pub. L. 102–237, as amended by Pub. L. 102–552, substituted “(7 U.S.C. 1421 note)” for “(16 U.S.C. 1421 note)”.

   Enacted provision · exact public law section
   (3) in section 1221(1)(D) (16 U.S.C. 3821(1)(D)), by striking “(16 U.S.C. 1421 note)” and inserting “(7 U.S.C. 1421 note)”;

7. 1992

   Farm Credit Banks and Associations Safety and Soundness Act of 1992

   Pub. L. 102–552 title III § 308(a) · 106 Stat. 4102

   Changed · 16 U.S.C. § 3821(a)(1)(D)

   Pub. L. 102–552 made technical correction to directory language of Pub. L. 102–237. See 1991 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D). Pub. L. 102–552 made technical correction to directory language of Pub. L. 102–237. See 1991 Amendment note below.

   Enacted provision · exact public law section
   (a) Technical Amendment to the Food, Agriculture, Conservation, and Trade Act Amendments of 1991.— Section 204(3) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102–237; 105 Stat. 1855) is amended by striking “in section 1221(1)(D) (16 U.S.C. 3821(1)(D))” and inserting “in section 1221(a)(1)(D) (16 U.S.C. 3821(a)(1)(D))”.

8. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 321(a)(2) · 110 Stat. 888

   Changed · 16 U.S.C. § 3821

   Pub. L. 104–127, § 321(a)(2), reenacted section catchline without change

   Source evidence

   Code amendment note
   Pub. L. 104–127, § 321(a)(2), reenacted section catchline without change.

   Enacted provision · exact public law section
   (2) by striking the section heading and all that follows through the end of subsection (a) and inserting the following: “SEC. 1221. PROGRAM INELIGIBILITY. “(a) Production on Converted Wetland.— Except as provided in this subtitle 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) 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, 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 subtitle) 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 chapter 4 of subtitle D. “(B) A payment under any other provision of subtitle D. “(C) A payment under section 401 or 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202). “(D) A payment, loan, or other assistance under section 3 or 8 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003 and 1006a).”.

   Effective date note
   Pub. L. 104–127, title III, § 326, Apr. 4, 1996, 110 Stat. 992, provided that: “This subtitle [subtitle C (§§ 321–326) of title III of Pub. L. 104–127, enacting section 3823 of this title, amending this section and section 3822 of this title, and repealing former section 3823 of this title] and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act [Apr. 4, 1996].”

9. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 321(a)(2) · 110 Stat. 888

   1. Added · 16 U.S.C. § 3821(a)

      Pub. L. 104–127, § 321(a)(2), added subsec. (a)

   2. Struck · 16 U.S.C. § 3821(a)

      Pub. L. 104–127, § 321(a)(2), 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

   Source evidence

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

   Enacted provision · exact public law section
   (2) by striking the section heading and all that follows through the end of subsection (a) and inserting the following: “SEC. 1221. PROGRAM INELIGIBILITY. “(a) Production on Converted Wetland.— Except as provided in this subtitle 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) 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, 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 subtitle) 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 chapter 4 of subtitle D. “(B) A payment under any other provision of subtitle D. “(C) A payment under section 401 or 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202). “(D) A payment, loan, or other assistance under section 3 or 8 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003 and 1006a).”.

   Effective date note
   Pub. L. 104–127, title III, § 326, Apr. 4, 1996, 110 Stat. 992, provided that: “This subtitle [subtitle C (§§ 321–326) of title III of Pub. L. 104–127, enacting section 3823 of this title, amending this section and section 3822 of this title, and repealing former section 3823 of this title] and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act [Apr. 4, 1996].”

10. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 321(a)(2) · 110 Stat. 888

    Redesignated · 16 U.S.C. § 3821(b)

    Pub. L. 104–127, § 321(a)(2), added subsec. (b). Former subsec. (b) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–127, § 321(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

    Enacted provision · exact public law section
    (2) by striking the section heading and all that follows through the end of subsection (a) and inserting the following: “SEC. 1221. PROGRAM INELIGIBILITY. “(a) Production on Converted Wetland.— Except as provided in this subtitle 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) 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, 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 subtitle) 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 chapter 4 of subtitle D. “(B) A payment under any other provision of subtitle D. “(C) A payment under section 401 or 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202). “(D) A payment, loan, or other assistance under section 3 or 8 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003 and 1006a).”.

    Effective date note
    Pub. L. 104–127, title III, § 326, Apr. 4, 1996, 110 Stat. 992, provided that: “This subtitle [subtitle C (§§ 321–326) of title III of Pub. L. 104–127, enacting section 3823 of this title, amending this section and section 3822 of this title, and repealing former section 3823 of this title] and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act [Apr. 4, 1996].”

11. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 321(b)(1) · 110 Stat. 888

    1. Inserted · 16 U.S.C. § 3821(c)

       Pub. L. 104–127, § 321(b)(1), inserted heading

    2. Substituted · 16 U.S.C. § 3821(c)

       Pub. L. 104–127, § 321(b)(1), substituted “beginning after November 28, 1990,” for “subsequent to November 28, 1990,”

    3. Substituted · 16 U.S.C. § 3821(c)

       Pub. L. 104–127, § 321(b)(1), substituted “subsection (b)” for “subsections (a)(1) through (3)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–127, § 321(b)(1), inserted heading and substituted “beginning after November 28, 1990,” for “subsequent to November 28, 1990,” and “subsection (b)” for “subsections (a)(1) through (3)”.

    Enacted provision · exact public law section
    (1) Section 1221(c) of the Food Security Act of 1985 (as redesignated by subsection (a)(1)) is amended— (A) by striking “Except” and inserting “Wetland Conversion.—Except”; (B) by striking “subsequent to the date of enactment of the Food, Agriculture, Conservation, and Trade Act of 1990” and inserting “beginning after November 28, 1990,”; and (C) by striking “subsections (a) (1) through (3)” and inserting “subsection (b)”.

    Effective date note
    Pub. L. 104–127, title III, § 326, Apr. 4, 1996, 110 Stat. 992, provided that: “This subtitle [subtitle C (§§ 321–326) of title III of Pub. L. 104–127, enacting section 3823 of this title, amending this section and section 3822 of this title, and repealing former section 3823 of this title] and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act [Apr. 4, 1996].”

12. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 321(a)(1) · 110 Stat. 888

    Redesignated · 16 U.S.C. § 3821(c)

    Pub. L. 104–127, § 321(a)(1), redesignated subsec. (b) as (c)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–127, § 321(a)(1), redesignated subsec. (b) as (c).

    Enacted provision · exact public law section
    (1) by redesignating subsection (b) as subsection (c); and

    Effective date note
    Pub. L. 104–127, title III, § 326, Apr. 4, 1996, 110 Stat. 992, provided that: “This subtitle [subtitle C (§§ 321–326) of title III of Pub. L. 104–127, enacting section 3823 of this title, amending this section and section 3822 of this title, and repealing former section 3823 of this title] and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act [Apr. 4, 1996].”

13. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 321(b)(2) · 110 Stat. 888

    Added · 16 U.S.C. § 3821(d)

    Pub. L. 104–127, § 321(b)(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–127, § 321(b)(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) Section 1221 of the Food Security Act of 1985 (as amended by subsection (a)) is amended by adding at the end the following: “(d) Prior Loans.— This section shall not apply to a loan described in subsection (b) made before December 23, 1985.”.

    Effective date note
    Pub. L. 104–127, title III, § 326, Apr. 4, 1996, 110 Stat. 992, provided that: “This subtitle [subtitle C (§§ 321–326) of title III of Pub. L. 104–127, enacting section 3823 of this title, amending this section and section 3822 of this title, and repealing former section 3823 of this title] and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act [Apr. 4, 1996].”

14. 2002

    Pub. L. 107–171 title II § 2002(b) · 116 Stat. 134

    Added · 16 U.S.C. § 3821(e)

    Pub. L. 107–171 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–171 added subsec. (e).

    Enacted provision · exact public law section
    (b) Wetland.— Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is amended by adding at the end the following: “(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 subtitle.”.

15. 2014

    Agricultural Act of 2014

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

    1. Added · 16 U.S.C. § 3821(c)(f)

       Pub. L. 113–79 added subsec. (c)

    2. Redesignated · 16 U.S.C. § 3821(c)(f)

       Pub. L. 113–79 redesignated former subsecs. (c) to (e) as (d) to (f), respectively

    Source evidence

    Code amendment note
    Subsecs. (c) to (f). Pub. L. 113–79 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

    Enacted provision · exact public law section
    (b) Wetland Conservation Program Ineligibility.— Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following: “(c) Ineligibility for Crop Insurance Premium Assistance.— “(1) Requirements.— “(A) In general.— If a person is determined to have committed a violation under subsection (a) or (d) during a crop year, the person shall be ineligible to receive any payment of any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) pursuant to this subsection. “(B) Applicability.— Ineligibility under this subsection 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. “(2) Conversions.— “(A) In general.— Notwithstanding paragraph (1), ineligibility for crop insurance premium assistance shall apply in accordance with this paragraph. “(B) New conversions.— In the case of a wetland that the Secretary determines was converted after the date of enactment of the Agricultural Act of 2014— “(i) the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless the Secretary determines that an exemption pursuant to section 1222 applies; or “(ii) for any violation that the Secretary determines impacts less than 5 acres of an entire farm, the person may pay a contribution in an amount equal to 150 percent of the cost of mitigation, as determined by the Secretary, to the fund described in section 1241(f) for wetland restoration in lieu of ineligibility to receive crop insurance premium assistance. “(C) Prior conversions.— In the case of a wetland that the Secretary determines was converted prior to the date of enactment of the Agricultural Act of 2014, ineligibility under this subsection shall not apply. “(D) Conversions and new policies or plans of insurance.— In the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after the date of enactment of the Agricultural Act of 2014— “(i) ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person; and “(ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed 2 reinsurance years. “(3) Limitations.— “(A) Mitigation required.— Except as otherwise provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation described in subsection (d) shall have 1 reinsurance year to initiate a mitigation plan to remedy the violation, as determined by the Secretary, before becoming ineligible under this subsection in the following reinsurance year to receive any payment of any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). “(B) Persons covered for the first time.— Notwithstanding the requirements of paragraph (1), in the case of a person that is subject to this subsection for the first time solely due to the amendment made by section 2611(b) of the Agricultural Act of 2014, the person shall have 2 reinsurance years after the reinsurance year in which a final determination is made, including all administrative appeals, of a violation described in this subsection to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection. “(C) Good faith.— If the Secretary determines that a person subject to a final determination, including all administrative appeals, of a violation described in this subsection acted in good faith and without intent to commit a violation described in this subsection as described in section 1222(h), the person shall have 2 reinsurance years to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection. “(D) Tenant relief.— “(i) In general.— If a tenant is determined to be ineligible for payments and other benefits under this subsection, the Secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established, to the satisfaction of the Secretary that— “(I) 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 plan for restoration or mitigation for the farm; “(II) the landlord on the farm refuses to comply with the plan on the farm; and “(III) the Secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance. “(ii) Report.— The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report concerning the ineligibility determinations limited during the previous 12-month period under this subparagraph. “(E) Certificate of compliance.— “(i) In general.— Beginning with the first full reinsurance year immediately following the date of enactment of this paragraph, all persons seeking eligibility for the payment of a portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) shall provide certification of compliance with this section as determined by the Secretary. “(ii) Timely evaluation.— The Secretary shall evaluate the certification in a timely manner and— “(I) a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and “(II) if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of this subsection, ineligibility shall not apply to the person for that violation. “(iii) Equitable contribution.— “(I) In general.— If a person fails to notify the Secretary as required and is subsequently found to be in violation of this subsection, the Secretary shall— “(aa) determine the amount of an equitable contribution to conservation by the person for the violation; and “(bb) deposit the contribution in the fund described in section 1241(f). “(II) Limitation.— The contribution shall not exceed the total of the portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph. “(4) Duties of the secretary.— “(A) In general.— In carrying out this subsection, the Secretary shall use existing processes and procedures for certifying compliance. “(B) Responsibility.— The Secretary, acting through the agencies of the Department of Agriculture, shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection. “(C) Limitation.— The Secretary shall ensure that no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability for the eligibility of an insured producer under this subsection, other than in cases of misrepresentation, fraud, or scheme and device.” .

16. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2301(d)(1)(B) · 132 Stat. 4490

    Inserted · 16 U.S.C. § 3821(b)(3)(A)

    Pub. L. 115–334, § 2301(d)(1)(B), inserted “subpart A of” before “part IV”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A). Pub. L. 115–334, § 2301(d)(1)(B), inserted “subpart A of” before “part IV”.

    Enacted provision · exact public law section
    (B) Section 1221(b)(3)(A) of the Food Security Act of 1985 (16 U.S.C. 3821(b)(3)(A)) is amended by inserting “subchapter A of” before “chapter 4”.

17. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2101 · 132 Stat. 4490

    1. Amended · 16 U.S.C. § 3821(d)

       Pub. L. 115–334, § 2101, designated existing provisions as par. (1)

    2. Inserted · 16 U.S.C. § 3821(d)

       Pub. L. 115–334, § 2101, inserted heading

    3. Added · 16 U.S.C. § 3821(d)

       Pub. L. 115–334, § 2101, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–334, § 2101, designated existing provisions as par. (1), inserted heading, and added par. (2).

    Enacted provision · exact public law section
    SEC. 2101. WETLAND CONVERSION.   Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 3821(d)) is amended— (1) by striking “Except as” and inserting the following: “(1) In general.— Except as” ; and (2) by adding at the end the following: “(2) Duty of the secretary.— No person shall become ineligible under paragraph (1) if the Secretary determines that an exemption under section 1222(b) applies to that person.” .

24 of 24 references resolved to an enrolled provision