Page:United States Statutes at Large Volume 104 Part 5.djvu/247

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3569 Subtitle A—Highly Erodible Land Conservation SEC. 1411. PROGRAM INELIGIBILITY. Section 1211 of the Food Security Act of 1985 (16 U.S.C. 3811) is amended— (1) in the first sentence by inserting after "is predominate" the following: ", 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"; (2) in paragraph (I)(D) by inserting before the semicolon ", under section 132 of the Disaster Assistance Act of 1989 (16 U.S.C. 1421 note), or under any similar provision enacted subsequent to August 14, 1989"; (3) in paragraph (1)(E) by striking the final "or"; (4) in paragraph (2) by striking the period at the end and inserting "; or"; and (5) by adding at the end the following: "(3) during such crop year— "(A) a payment made under section 8, section 12 or section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h, 5901 or 590p(b)); "(B) a payment made under section 401 or section 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 or 2202); "(C) a payment under any contract entered into pursuant to section 1231; "(D) a payment under chapter 2; "(E) a payment under chapter 3; or "(F) a payment, loan or other assistance under section 3 or section 8 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003 or 1006a). ". SEC. 1412. EXEMPTIONS. (a) CONSERVATION COMPLIANCE. — Section 1212(a) of the Food Security Act of 1985 (16 U.S.C. 3812(a)) is amended by adding at the end thereof the following new paragraphs: "(3) Any person who owns or operates highly erodible land that was the subject of a contract entered into under subchapter B of chapter 1 of subtitle D shall, if the conservation plan established under this subtitle for such land requires structures to be constructed, have until 2 years after the expiration of such contract to comply with the conservation plan, or a longer period of time if the Secretary determines compliance is otherwise technically or economically not feasible, or such longer period is otherwise appropriate, before such person will be subject to program ineligibility with respect to such land under section 1211. "(4) On the expiration of a contract entered into under subchapter B of chapter 1 of subtitle D, the provisions of this subtitle shall apply to the acreage that was the subject of such contract.". (b) INADVERTENT ACTIONS; REDUCTION IN CERTAIN PAYMENTS, LOANS, AND ASSISTANCE. — Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is amended— (1) in subsection (b)(D, by inserting "or" after the semicolon;