16 U.S.C. § 3821 - Program ineligibility
Cite as | 16 U.S.C. § 3821 |
(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) 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,1 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 subpart A of part IV of subchapter IV.
(B) A payment under any other provision of subchapter IV.
(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) 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 February 7, 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 3822 of this title applies; or
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