12 2 STA T . 1 0 2 7PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8resou r c e inv en t ories , tr a inin g , d ata, tec h no l og y , m onitoring, and e f fects analyses .’ ’. SEC.20 02. R E VI E WOFG OO D F A I TH DETER M I N ATIONS RE L ATED TO HIGHL Y ERODI B LE LAND CONSERVATION. S ection 12 12 of the F ood Security A ctof1 985( 1 6U .S. C . 3 812 ) is amended b y stri k ing subsection (f) and inserting the follo w ing new subsection
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‘(f) GRADU A TE D P E N A L T I E S . — ‘‘(1) I NELI G I B ILIT Y .— N o p erson shall become ineligible under section 1211 for program loans, payments, and benefits as a result of the failure of the person to actively apply a conservation plan, if the Secretary determines that the person has acted in good faith and without an intent to violate this subtitle. ‘‘(2) E LIGIBLE RE V IE W ERS.—A determination of the Sec - retary, or a designee of the Secretary, under paragraph (1) shall be reviewed by the applicable— ‘‘(A) State E x ecutive D irector, with the technical concurrence of the State Conservationist
or ‘‘( B ) district director, with the technical concurrence of the area conservationist. ‘‘(3) PERI O D F ORI MP LEMENTATION.—A person who meets the re q uirements of paragraph (1) shall be allowed a reasonable period of time, as determined by the Secretary, but not to exceed 1 year, during which to implement the measures and practices necessary to be considered to be actively applying the conservation plan of the person. ‘‘( 4 ) PENALTIES.— ‘‘(A) APPLI C ATION.— T his paragraph applies if the Sec- retary determines that— ‘‘(i) a person has failed to comply with section 1211 with respect to highly erodible cropland, and has acted in good faith and without an intent to violate section 1211; or ‘‘(ii) the violation— ‘‘(I) is technical and minor in nature; and ‘‘(II) has a minimal effect on the erosion control purposes of the conservation plan applicable to the land on which the violation has occurred. ‘‘(B) R EDUCTION.—If this paragraph applies under subparagraph (A), the Secretary shall, in lieu of applying the ineligibility provisions of section 1211, reduce program benefits described in section 1211 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. ‘‘(5) SUBSE Q UENT CROP YEARS.—Any person whose benefits are reduced for any crop year under this subsection shall con- tinue to be eligible for all of the benefits described in section 1211 for any subsequent crop year if, prior to the beginning of the subsequent crop year, the Secretary determines that the person is actively applying a conservation plan according to the schedule specified in the plan.’’.
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