Title 16 — ConservationRelease 119-73
§3811 Program ineligibility
Title 16 › Chapter CHAPTER 58— - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM › Subchapter SUBCHAPTER II— - HIGHLY ERODIBLE LAND CONSERVATION › § 3811
Summary
If a person farms a field where highly erodible land is the main type of land, or they set that kind of land aside or use it for conservation under a program run by the Secretary to cut production, that person loses many federal farm benefits for that crop year. Lost benefits include contract payments, marketing assistance loans, price supports, farm storage loans, disaster payments, certain Consolidated Farm Service Agency loans if they would cause more erosion, the Federal Crop Insurance Corporation premium payments (with a timing rule), Commodity Credit Corporation storage payments, payments under the environmental quality incentives program and other conservation or commodity program payments, including payments under sections 2201, 2202, 1003, and 1006a. If someone is found to have broken the rule, the crop insurance reinsurance ineligibility only applies to reinsurance years after the final decision (including all appeals) and does not apply to the current or any prior reinsurance year. The Agriculture Secretary must decide if a person complied and cannot give that decision to a private person or company.
Full Legal Text
Title 16, §3811
Conservation — Source: USLM XML via OLRC
(a)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,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 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;
(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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Agricultural Market Transition Act, referred to in subsec. (a)(1)(A), is title I of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 896, which is classified principally to chapter 100 (§ 7201 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 7201 of Title 7 and Tables. The Commodity Credit Corporation Charter Act, referred to in subsec. (a)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, which is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see
Short Title
note set out under section 714 of Title 15 and Tables. The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(D), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see
Short Title
note set out under section 1921 of Title 7 and Tables. The Federal Crop Insurance Act, referred to in subsec. (a)(1)(E), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.
Amendments
2018—Subsec. (a)(3)(A). Pub. L. 115–334 inserted “subpart A of” before “part IV”. 2014—Subsec. (a). Pub. L. 113–79, § 2713(b), substituted “predominant” for “predominate” in two places in introductory provisions. Subsec. (a)(1)(E). Pub. L. 113–79, § 2611(a)(1), added subpar. (E). 2002—Pub. L. 107–171 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Pub. L. 104–127, § 311(1), struck out “following
December 23, 1985,” before “any person who” in introductory provisions. Par. (1)(A). Pub. L. 104–127, § 311(2)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “any type of price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act;”. Par. (1)(C). Pub. L. 104–127, § 311(2)(B), (E), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);”. Par. (1)(D). Pub. L. 104–127, § 311(2)(E), redesignated subpar. (E) as (D). Former subpar. (D) redesignated (C). Pub. L. 104–127, § 311(2)(C), struck out before semicolon “made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), under section 132 of the Disaster Assistance Act of 1989 (7 U.S.C. 1421 note), or under any similar provision enacted subsequent to
August 14, 1989”. Par. (1)(E). Pub. L. 104–127, § 311(2)(D), (E), substituted “Consolidated Farm Service Agency” for “Farmers Home Administration” and redesignated subpar. (E) as (D). Par. (3). Pub. L. 104–127, § 311(3), added par. (3) and struck out former par. (3) which read as follows: “during such crop year— “(A) a payment made under section 590h, section 590l or section 590p(b) of this title; “(B) a payment made under section 2201 or section 2202 of this title; “(C) a payment under any contract entered into pursuant to section 3831 of this title; “(D) a payment under part II of subchapter IV of this chapter; “(E) a payment under part III of subchapter IV of this chapter; or “(F) a payment, loan or other assistance under section 1003 or section 1006a of this title.” 1991—Par. (1)(D). Pub. L. 102–237, § 204(1)(A), substituted “(7 U.S.C. 1421 note)” for “(16 U.S.C. 1421 note)”. Par. (3)(D), (E). Pub. L. 102–237, § 204(1)(B), (C), made technical
Amendments
to references to part II of subchapter IV of this chapter and part III of subchapter IV of this chapter, in subpars. (D) and (E), respectively, to clarify references in corresponding provisions of original Act. 1990—Pub. L. 101–624, § 1411(1), inserted “, or designates land on which highly erodible land is predominate 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” after “is predominate” in first sentence. Par. (1)(D). Pub. L. 101–624, § 1411(2), inserted reference to section 132 of the Disaster Assistance Act of 1989 and similar provisions enacted after Aug. 14, 1989. Par. (3). Pub. L. 101–624, § 1411(3)–(5), added par. (3).
Statutory Notes and Related Subsidiaries
Change of Name
Consolidated Farm Service Agency effectively renamed Farm Service Agency by the
Amendments
made to section 6932 of Title 7, Agriculture, by Pub. L. 115–334, title XII, § 12404(a), Dec. 20, 2018, 132 Stat. 4974.
Effective Date
of 1996 Amendment Pub. L. 104–127, title III, § 311, Apr. 4, 1996, 110 Stat. 982, provided that the amendment made by that section is effective 90 days after Apr. 4, 1996.
Short Title
Pub. L. 99–198, title XII, subtitle B, Dec. 23, 1985, 99 Stat. 1506, which is classified generally to this subchapter, is popularly known as the sodbuster provisions. Wind Erosion Estimation Pilot Project Pub. L. 104–127, title III, § 317, Apr. 4, 1996, 110 Stat. 986, provided that: “(a) In General.—The Secretary of Agriculture shall conduct a pilot project to review, and modify as appropriate, the use of wind erosion factors under the highly erodible conservation requirements of subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.). “(b) Selection of Counties and Producers.—The pilot project shall be conducted for producers in those counties that—“(1) have approximately 100 percent of their cropland determined to be highly erodible under title XII of the Act [16 U.S.C. 3801 et seq.]; “(2) have a reasonable likelihood that the use of wind erosion factors under title XII of the Act have resulted in an inequitable application of the highly erodible land requirements of title XII of the Act; and “(3) if the use of the land classification system under section 1201(a)(9)(A) of the Act [16 U.S.C. 3801(a)(9)(A)] (as redesignated by section 301(a)(1)) may result in a more accurate delineation of the cropland. “(c) Errors in Delineation.—If the Secretary determines that a significant error has occurred in delineating cropland under the pilot project, the Secretary shall, at the request of the owners or operators of the cropland, conduct a new delineation of the cropland using the most accurate available delineation process, as determined by the Secretary.”
Reference
Citations & Metadata
Citation
16 U.S.C. § 3811
Title 16 — Conservation
Last Updated
Apr 6, 2026
Release point: 119-73