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Code · STATUTE-COMPILATIONS · Agricultural Act of 2014 · Sec. 2611

Sec. 2611. HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION FOR CROP INSURANCE

2,128 words·~10 min read·/statute-compilations/comps-10872/sec-2611

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## SEC. 2611 HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION FOR CROP INSURANCE ###
(a)Highly Erodible Land Program Ineligibility ####
(1)In general Section 1211(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3811(a)(1)) is amended— #####
(A)in subparagraph (C), by striking “or” at the end; #####
(B)in subparagraph (D), by adding “or” at the end; and #####
(C)by adding at the end the following: > > ##### “(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 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)Exemptions Section 1212(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3812(a)(2)) is amended— #####
(A)in the first sentence, by striking “
(2)If, ” and inserting the following: > > #### “(2) Eligibility based on compliance with conservation plan > > > ##### “(A) In general > > If,” > ; #####
(B)in the second sentence, by striking “ In carrying ” and inserting the following: > > ##### “(B) Minimization of documentation > > In carrying” > ; and #####
(C)by adding at the end the following: > > ##### “(C) Crop insurance > > > ###### “(i) Operations new to compliance > > Notwithstanding section 1211(a), in the case of a person that is subject to section 1211 for the first time solely due to the amendment made by section 2611(a) of the Agricultural Act of 2014, any person who produces an agricultural commodity on the land that is the basis of the payments described in section 1211(a)(1)(E) shall have 5 reinsurance years after the date on which such payments become subject to section 1211 to develop and comply with an approved conservation plan so as to maintain eligibility for such payments. > > > ###### “(ii) Existing operations with prior violations > > Notwithstanding section 1211(a), in the case of a person that the Secretary determines would have been in violation of section 1211(a) if the person had continued participation in the programs requiring compliance at any time after the date of enactment of the Agricultural Act of 2014 and is currently in violation of section 1211(a), the person shall have 2 reinsurance years after the date on which the payments described in section 1211(a)(1)(E) become subject to section 1211 to develop and comply with an approved conservation plan, as determined by the Secretary, so as to maintain eligibility for such payments. > > > ###### “(iii) Applicable reinsurance year > > Ineligibility for the payment described in section 1211(a)(1)(E) for a violation under this subparagraph during a crop year 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.” > . ####
(3)Crop insurance premium assistance Section 1213(d) of the Food Security Act of 1985 (16 U.S.C. 3812a(d)) is amended by adding at the end the following: > > #### “(4) Crop insurance premium assistance > > For the purpose of determining the eligibility of a person for the payment described in section 1211(a)(1)(E), the Secretary shall apply the procedures described in section 1221(c)(3)(E) and coordinate the certification process so as to avoid duplication or unnecessary paperwork.” > . ###
(b)Wetland Conservation Program Ineligibility Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is amended— ####
(1)by redesignating subsections (c), (d), and
(e)as subsections (d), (e), and (f), respectively; and ####
(2)by inserting after subsection
(b)the following: > > ### “(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 the date of enactment of the Agricultural Act of 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 1222 applies; or > > > ###### “(ii) > > for any violation that the Secretary determines impacts less than 5 acres of an entire farm, the person may pay a contribution in an amount equal to 150 percent of the cost of mitigation, as determined by the Secretary, to the fund described in section 1241(f) for wetland restoration in lieu of ineligibility to receive crop insurance premium assistance. > > > ##### “(C) Prior conversions > > In the case of a wetland that the Secretary determines was converted prior to the date of enactment of the Agricultural Act of 2014, ineligibility under this subsection shall not apply. > > > ##### “(D) Conversions and new policies or plans of insurance > > In the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after the date of enactment of the Agricultural Act of 2014— > > > ###### “(i) > > ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person; and > > > ###### “(ii) > > the person shall take such steps as the Secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed 2 reinsurance years. > > > #### “(3) Limitations > > > ##### “(A) Mitigation required > > Except as otherwise provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation described in subsection
(d)shall have 1 reinsurance year to initiate a mitigation plan to remedy the violation, as determined by the Secretary, before becoming ineligible under this subsection in the following reinsurance year to receive any payment of 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 et seq.). > > > ##### “(B) Persons covered for the first time > > Notwithstanding the requirements of paragraph (1), in the case of a person that is subject to this subsection for the first time solely due to the amendment made by section 2611(b) of the Agricultural Act of 2014, the person shall have 2 reinsurance years after the reinsurance year in which a final determination is made, including all administrative appeals, of a violation described in this subsection to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection. > > > ##### “(C) Good faith > > If the Secretary determines that a person subject to a final determination, including all administrative appeals, of a violation described in this subsection acted in good faith and without intent to commit a violation described in this subsection as described in section 1222(h), the person shall have 2 reinsurance years to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection. > > > ##### “(D) Tenant relief > > > ###### “(i) In general > > If a tenant is determined to be ineligible for payments and other benefits under this subsection, the Secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established, to the satisfaction of the Secretary that— > > > ###### “(I) > > the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable plan for restoration or mitigation for the farm; > > > ###### “(II) > > the landlord on the farm refuses to comply with the plan on the farm; and > > > ###### “(III) > > the Secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance. > > > ###### “(ii) Report > > The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report concerning the ineligibility determinations limited during the previous 12-month period under this subparagraph. > > > ##### “(E) Certificate of compliance > > > ###### “(i) In general > > Beginning with the first full reinsurance year immediately following the date of enactment of this paragraph, all persons seeking eligibility for the payment of a 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 et seq.) shall provide certification of compliance with this section as determined by the Secretary. > > > ###### “(ii) Timely evaluation > > The Secretary shall evaluate the certification in a timely manner and— > > > ###### “(I) > > a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and > > > ###### “(II) > > if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of this subsection, ineligibility shall not apply to the person for that violation. > > > ###### “(iii) Equitable contribution > > > ###### “(I) In general > > If a person fails to notify the Secretary as required and is subsequently found to be in violation of this subsection, the Secretary shall— > > > ###### “(aa) > > determine the amount of an equitable contribution to conservation by the person for the violation; and > > > ###### “(bb) > > deposit the contribution in the fund described in section 1241(f). > > > ###### “(II) Limitation > > The contribution shall not exceed the total of the portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph. > > > #### “(4) Duties of the secretary > > > ##### “(A) In general > > In carrying out this subsection, the Secretary shall use existing processes and procedures for certifying compliance. > > > ##### “(B) Responsibility > > The Secretary, acting through the agencies of the Department of Agriculture, shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection. > > > ##### “(C) Limitation > > The Secretary shall ensure that no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability for the eligibility of an insured producer under this subsection, other than in cases of misrepresentation, fraud, or scheme and device.” > . ## Subtitle H Repeal of Superseded Program Authorities and Transitional Provisions; Technical Amendments
Connectionstraces to 5
Citation graph
cites case law
Sec. 2611
HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION FOR CROP INSURANCE
U.S.C.§ 3811
U.S.C.§ 1501
U.S.C.§ 3812
U.S.C.§ 3812a
U.S.C.§ 3821
Cites 5Cited by 0 across 0 sources
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