§ 3811. Program ineligibility

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(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 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 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 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 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 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 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.

(Pub. L. 99–198, title XII, § 1211, Dec. 23, 1985, 99 Stat. 1506; Pub. L. 101–624, title XIV, § 1411, Nov. 28, 1990, 104 Stat. 3569; Pub. L. 102–237, title II, § 204(1), Dec. 13, 1991, 105 Stat. 1854; Pub. L. 104–127, title III, § 311, Apr. 4, 1996, 110 Stat. 982; Pub. L. 107–171, title II, § 2002(a), May 13, 2002, 116 Stat. 233; Pub. L. 113–79, title II, §§ 2611(a)(1), 2713(b), Feb. 7, 2014, 128 Stat. 762, 772; Pub. L. 115–334, title II, § 2301(d)(1)(A), Dec. 20, 2018, 132 Stat. 4553.)

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