Sec. 3. Payments limited to active farmers

458 words·~2 min read·/bill/113/s/281/is/section-3

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Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 ) is amended— in subsection (b)(2)— by striking or active personal management each place it appears in subparagraphs (A)(i)(II) and (B)(ii); and in subparagraph (C), by striking , as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management and inserting are met by partners or members making a significant contribution of personal labor, those partners or members ; and in subsection (c)— in paragraph (1)— by striking subparagraph

(A)and inserting the following: the landowner share-rents the land at a rate that is usual and customary; ; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent. ; in paragraph (2)(A), by striking active personal management or ; in paragraph (5)— by striking

(5)and all that follows through

(A)and inserting the following: In general .—A person A person ; by inserting under usual and customary terms after services ; and by striking subparagraph (B); and by adding at the end the following: A person who otherwise meets the requirements of this subsection other than (b)(2)(A)(i)(II) shall be considered to be actively engaged in farming, as determined by the Secretary, with respect to the farming operation, including a farming operation that is a sole proprietorship, a legal entity such as a joint venture or general partnership, or a legal entity such as a corporation or limited partnership, if the person— makes a significant contribution of management to the farming operation necessary for the farming operation, taking into account— the size and complexity of the farming operation; and the management requirements normally and customarily required by similar farming operations; is the only person in the farming operation qualifying as actively engaged in farming by using the farm manager special class designation under this paragraph; and together with any other persons in the farming operation qualifying as actively engaged in farming under subsection (b)(2) or as part of a special class under this subsection, does not collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b); does not use the management contribution under this paragraph to qualify as actively engaged in more than 1 farming operation; and manages a farm operation that does not substantially share equipment, labor, or management with persons or legal entities that with the person collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b). .

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7 USC 1308–1

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Sec. 3

Payments limited to active farmers

Cite7 USC 1308–1

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