**(a) In general** Except as provided in [section 3812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3812&num=0&edition=prelim), and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant 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, as determined by the Secretary shall be ineligible for—
(1) as to any commodity produced during that crop year by such person—
(A) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) 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. 714b(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714b/h&num=0&edition=prelim));
(C) a disaster payment;
(D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service
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Stable record: federal_law:legal_authorities:record_usc_cd7cb7d77cd5ec2f462d825f Source file: Laws/federal/codes/united-states-code/title-16/section-3811-program-ineligibility--0215946dc6.md Pages: Not recorded – Not recorded Passage SHA-256: bf46de343c9930e87a313ff0f1e6e6de5ef33c9401d6d7a282def7cf96337cb6 Retained source evidence SHA-256: b459e1536a76c0786260b7d4ce5847356eb2d0bc986ce4cfc4184ea36d95a8a3
Source location: Title 16, Chapter 58, § 3811; chapter-058-erodible-land-and-wetland-conservation-and-reserve-program.md
Stored source content
**(a) In general** Except as provided in [section 3812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3812&num=0&edition=prelim), and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant 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, as determined by the Secretary shall be ineligible for—
(1) as to any commodity produced during that crop year by such person—
(A) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) 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. 714b(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714b/h&num=0&edition=prelim));
(C) a disaster payment;
(D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of such loan will be used for a purpose that will contribute to excessive erosion of highly erodible land; or
(E) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.), on the condition that if a person is determined to have committed a violation under this subsection during a crop year, ineligibility under this subparagraph shall—
(i) only apply to reinsurance years subsequent to the date of 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 final determination;
(2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act ([15 U.S.C. 714b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714b&num=0&edition=prelim) or 714c) during such crop year for the storage of an agricultural commodity acquired by the Commodity Credit Corporation; or
(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; or
(D) a payment, loan, or other assistance under section 1003 or 1006a of this title.
**(b) Highly erodible land** 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.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of stabilizing, supporting, and protecting farm income and prices, of assisting in the maintenance of balanced and adequate supplies of agricultural commodities, products thereof, foods, feeds, and fibers (hereinafter collectively referred to as “agricultural commodities”), and of facilitating the orderly distribution of agricultural commodities, there is created a body corporate to be known as Commodity Credit Corporation (hereinafter referred to as the “Corporation”), which shall be an agency and instrumentality of the United States, within the Department of Agriculture, subject to the general supervision and direction of the Secretary of Agriculture (hereinafter referred to as the “Secretary”).
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 714. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 714. Creation and purpose of Corporation
For the purpose of stabilizing, supporting, and
protecting farm income and prices, of assisting
in the maintenance of balanced and adequate
supplies of agricultural commodities, products
thereof, foods, feeds, and fibers (hereinafter col-
lectively referred to as ‘‘agricultural commod-
ities’’), and of facilitating the orderly distribu-
tion of agricultural commodities, there is cre-
ated a body corporate to be known as Com-
modity Credit Corporation (hereinafter referred
to as the ‘‘Corporation’’), which shall be an
agency and instrumentality of the United
States, within the Department of Agriculture,
subject to the general supervision and direction
of the Secretary of Agriculture (hereinafter re-
ferred to as the ‘‘Secretary’’).
(June 29, 1948, ch. 704, § 2, 62 Stat. 1070; June 7,
1949, ch. 175, § 1, 63 Stat. 154.)
Editorial Notes
AMENDMENTS
1949—Act June 7, 1949, placed the general supervision
and direction of the Commodity Credit Corporation in
the Secretary of Agriculture.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section 18 of act June 29, 1948, provided that sections
714 to 714o of this title shall take effect as of midnight
June 30, 1948.
SHORT TITLE
Congress in enacting sections 714 to 714p of this title
provided by section 1 of act June 29, 1948, that they
should be popularly known as the ‘‘Commodity Credit
Corporation Charter Act’’.
ESTABLISHING QUALITY AS GOAL FOR COMMODITY
CREDIT CORPORATION PROGRAMS
Pub. L. 101–624, title XXV, § 2517, formerly § 2518, Nov.
28, 1990, 104 Stat. 4078, as renumbered by Pub. L. 104–66,
title I, § 1011(h), Dec. 21, 1995, 109 Stat. 710, provided
that: ‘‘In carrying out its activities the Commodity
Credit Corporation shall, to the extent prac
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 714. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The Corporation—
**(a)** Shall have succession in its corporate name.
**(b)** May adopt, alter, and use a corporate seal, which shall be judicially noticed.
**(c)** May sue and be sued, but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Corporation or its property. The district courts of the United States, including the district courts of any Territory or possession, shall have exclusive original jurisdiction, without regard to the amount in controversy, of all suits brought by or against the Corporation: Provided, That the Corporation may intervene in any court in any suit, action, or proceeding in which it has an interest. Any suit against the Corporation shall be brought in the District of Columbia, or in the district wherein the plaintiff resides or is engaged in business. No suit by or against the Corporation shall be allowed unless (1) it shall have been brought within six years after the right accrued on which suit is brought, or (2) in the event that the person bringing such suit shall have been under legal disability or beyond the seas at the time the right accrued, the suit shall have been brought within three years after the disability shall have ceased or within six years after the right accrued on which suit is brought, whichever period is longer. The defendant in any suit by or against the Corporation may plead, by way of set-off or counterclaim, any cause of action, whether arising out of the same transaction or not, which would otherwise be barred by such limitation if the claim upon which the defendant’s cause of action is based had not been barred prior to the date that the plaintiff’s cause of action arose: Provided, That the defendant shall not be awarded a judgment on any such set-off
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 714b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 714b. General powers of Corporation
The Corporation—
(a) Shall have succession in its corporate
name.
(b) May adopt, alter, and use a corporate seal,
which shall be judicially noticed.
(c) May sue and be sued, but no attachment,
injunction, garnishment, or other similar proc-
ess, mesne or final, shall be issued against the
Corporation or its property. The district courts
of the United States, including the district
courts of any Territory or possession, shall have
exclusive original jurisdiction, without regard
to the amount in controversy, of all suits
brought by or against the Corporation: Provided,
That the Corporation may intervene in any
court in any suit, action, or proceeding in which
it has an interest. Any suit against the Corpora-
tion shall be brought in the District of Colum-
bia, or in the district wherein the plaintiff re-
sides or is engaged in business. No suit by or
against the Corporation shall be allowed unless
(1) it shall have been brought within six years
after the right accrued on which suit is brought,
or (2) in the event that the person bringing such
suit shall have been under legal disability or be-
yond the seas at the time the right accrued, the
suit shall have been brought within three years
after the disability shall have ceased or within
six years after the right accrued on which suit is
brought, whichever period is longer. The defend-
ant in any suit by or against the Corporation
may plead, by way of set-off or counterclaim,
any cause of action, whether arising out of the
same transaction or not, which would otherwise
be barred by such limitation if the claim upon
which the defendant’s cause of action is based
had not been barred prior to the date that the
plaintiff’s cause of action arose: Provided, Tha
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 714b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3811. Program ineligibility
(a) In general
Except as provided in section 3812 of this title,
and notwithstanding any other provision of law,
any person who in any crop year produces an ag-
ricultural commodity on a field on which highly
erodible land is predominant, or designates land
on which highly erodible land is predominant to
be set aside, diverted, devoted to conservation
uses, or otherwise not cultivated under a pro-
gram administered by the Secretary to reduce
production of an agricultural commodity, as de-
termined by the Secretary shall be ineligible
for—
(1) as to any commodity produced during
that crop year by such person—
(A) contract payments under a production
flexibility contract, marketing assistance
loans, and any type of price support or pay-
ment 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;
(B) a farm storage facility loan made
under section 4(h) of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714b(h));
(C) a disaster payment;
(D) a loan made, insured, or guaranteed
under the Consolidated Farm and Rural De-
velopment 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
such loan will be used for a purpose that will
contribute to excessive erosion of highly
erodible land; or
(E) any portion of the premium paid by the
Federal Crop Insurance Corporation for a
policy or plan of insurance under the Fed-
eral Crop Insurance Act (7 U.S.C. 1501 et
seq.), on the condition that if a person is de-
termined to have committed a violation
under this subsection during a crop year, in-
This subchapter may be cited as the “Federal Crop Insurance Act”. Except as otherwise expressly provided the provisions in titles I to IV, inclusive, shall not apply with respect to this subchapter, and the term “Act” wherever it appears in such titles shall not be construed to include this subchapter.
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 1501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1501. Short title and application of other provi-
sions
This subchapter may be cited as the ‘‘Federal
Crop Insurance Act’’. Except as otherwise ex-
pressly provided the provisions in titles I to IV,
inclusive, shall not apply with respect to this
subchapter, and the term ‘‘Act’’ wherever it ap-
pears in such titles shall not be construed to in-
clude this subchapter.
(Feb. 16, 1938, ch. 30, title V, § 501, 52 Stat. 72;
Pub. L. 110–234, title XII, § 12033(c), May 22, 2008,
122 Stat. 1405; Pub. L. 110–246, § 4(a), title XII,
§ 12033(c), June 18, 2008, 122 Stat. 1664, 2167.)
Editorial Notes
REFERENCES IN TEXT
‘‘Titles I to IV, inclusive,’’ and ‘‘such titles’’, referred
to in text, are references to titles I to IV of act Feb. 16,
1938, ch. 30, 52 Stat. 31, known as the Agricultural Ad-
justment Act of 1938, which is classified principally to
chapter 35 (§ 1281 et seq.) of this title. For complete
classification of this Act to the Code, see section 1281
of this title and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2008—Pub. L. 110–246, § 12033(c), inserted section catch-
line and substituted ‘‘subchapter’’ for ‘‘chapter’’ wher-
ever appearing in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
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 this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–224, title I, § 171, June 20, 2000, 114 Stat.
397, provided that:
‘‘(a) IN GENERAL.—Exc
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 1501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2009ee, Pub. L. 107–171, title VI, § 6301, May 13, 2002, 116 Stat. 421, defined terms.
Section 2009ee–1, Pub. L. 107–171, title VI, § 6302, May 13, 2002, 116 Stat. 422, related to SEARCH grant program. See [section 1926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1926&num=0&edition=prelim).
Section 2009ee–2, Pub. L. 107–171, title VI, § 6303, May 13, 2002, 116 Stat. 424, related to annual report on projects.
Section 2009ee–3, Pub. L. 107–171, title VI, § 6304, May 13, 2002, 116 Stat. 424, related to funding.
#### Codification
Pub. L. 110–234 and Pub. L. 110–246 repealed this subchapter. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
#### Effective Date of Repeal
Repeal of this subchapter 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 this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim).
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 1921. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1921. Congressional findings
The Congress finds that the statutory author-
ity of the Secretary of Agriculture, hereinafter
referred to in this chapter as the ‘‘Secretary,’’
for making and insuring loans to farmers and
ranchers should be revised and consolidated to
provide for more effective credit services to
farmers.
(Pub. L. 87–128, title III, § 301(b), Aug. 8, 1961, 75
Stat. 307.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title III of Pub. L. 87–128, Aug. 8,
1961, 75 Stat. 307, known as the Consolidated Farm and
Rural Development Act, which is classified principally
to this chapter. For complete classification of title III
to the Code, see Short Title note set out below and Ta-
bles.
CODIFICATION
Section is comprised of subsec. (b) of section 301 of
Pub. L. 87–128. Subsec. (a) of such section 301 is set out
as a Short Title note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Former section 300.1 of Title 6, Code of Federal Regu-
lations, promulgated on Oct. 15, 1961, by the Adminis-
trator of the Farmers Home Administration, published
in 26 F.R. 10031, provided: ‘‘The Consolidated Farmers
Home Administration Act of 1961 (7 U.S.C. 1921) [this
chapter], is hereby made effective on October 15, 1961,
except (a) as to its authorizations to make and sell in-
sured loans with 41⁄2 percent yield to the lender and a
three-year repurchase agreement which was made ef-
fective by regulations issued on September 13, 1961 (26
F.R. 9307), pursuant to assignment of functions con-
tained in 26 F.R. 7888, and (b) that the provisions of
Title IV of the Bankhead-Jones Farm Tenant Act
which requires mineral reservations in lands disposed
of under Title III of that Act
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 1921. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Agricultural Market Transition Act”.
**(b) Purpose** It is the purpose of this chapter—
(1) to authorize the use of binding production flexibility contracts between the United States and agricultural producers to support farming certainty and flexibility while ensuring continued compliance with farm conservation and wetland protection requirements;
(2) to make nonrecourse marketing assistance loans and loan deficiency payments available for certain crops;
(3) to improve the operation of farm programs for milk, peanuts, and sugar; and
(4) to establish a commission to undertake a comprehensive review of past and future production agriculture in the United States.
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 7201. This identifies an authority to review, not proof of applicability.