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Code · BILL · 113th Congress · S. 923 (Introduced in Senate) — To modernize the conservation title of the Food Security Act of 1985, protect long-term taxpayer investment, increase... · Sec. 1202

Sec. 1202. Delineation of wetlands; exemptions

387 words·~2 min read·/bill/113/s/923/is/section-1202

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Section 1222(b) of the Food Security Act of 1985 ( 16 U.S.C. 3822(b) ) is amended— in the matter preceding paragraph (1), by inserting , or premium subsidies, after or payments ; and by adding at the end the following new paragraph: In the case of payments that are subject to section 1221 for the first time due to the amendments made by section 1201(b) of the Balancing Food, Farm, and the Environment Act of 2013 , a wetland that was converted after April 4, 1996 and before October 1, 2013, on land that is the basis of the payments, provided the person in control of the land is and has been otherwise in compliance with section 1221. .
Section 1222(c) of the Food Security Act of 1985 ( 16 U.S.C. 3822(c) ) is amended by striking , or benefits and inserting , benefits, or premium subsidies . Section 1222(h)(1) of the Food Security Act of 1985 (16 U.S.C. 3822(h)) is amended to read as follows: If a person is in violation of section 1221 but has acted in good faith and without an intent to violate such section, as determined by the Secretary, the Secretary may, in lieu of applying the ineligibility provisions of section 1221(b), reduce program benefits and premium subsidies described in such section that the producer would otherwise be eligible to receive in a crop year by an amount commensurate with the seriousness of the violation, as determined by the Secretary. .
Section 1222 of the Food Security Act of 1985 ( 16 U.S.C. 3822 ) is amended by adding at the end the following new subsection: In the case of payments that are subject to section 1221 for the first time due to the amendments made by section 1201(b) of the Balancing Food, Farm, and the Environment Act of 2013 , no person who plants or produces an agricultural commodity on a converted wetland on land that is the basis of the payments shall be ineligible under section 1221 for program loans or payments, or premium subsidies, unless the person fails to mitigate for the loss of wetland values, acreage, and function in accordance with subparagraphs
(A)through
(G)of subsection (f)(2) by the end of the 24-month period following the date on which the payments became subject to section 1221. .
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Sec. 1202
Delineation of wetlands; exemptions
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