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
2202 of this title.
(D)A payment, loan, or other assistance under section
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.
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.
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 (§ 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 (§ 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 (§ 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.
1996—Pub. L. 104–127, § 321(a)(2), reenacted section catchline without change.
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.
Subsec. (b). Pub. L. 104–127, § 321(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).
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)”.
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].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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