
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3821]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
                  SUBCHAPTER III--WETLAND CONSERVATION
 
Sec. 3821. Program ineligibility


(a) Production on converted wetland

    Except as provided in this subchapter and notwithstanding any other 
provision of law, any person who in any crop year produces an 
agricultural commodity on converted wetland, as determined by the 
Secretary, shall be--
        (1) in violation of this section; and
        (2) ineligible for loans or payments in an amount determined by 
    the Secretary to be proportionate to the severity of the violation.

(b) Ineligibility for certain loans and payments

    If a person is determined to have committed a violation under 
subsection (a) of this section during a crop year, the Secretary shall 
determine which of, and the amount of, the following loans and payments 
for which the person shall be ineligible:
        (1) 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.
        (2) A loan made 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, if the 
    Secretary determines that the proceeds of the loan will be used for 
    a purpose that will contribute to conversion of a wetland (other 
    than as provided in this subchapter) to produce an agricultural 
    commodity.
        (3) During the crop year:
            (A) A payment made pursuant to a contract entered into under 
        the environmental quality incentives program under part IV of 
        subchapter IV of this chapter.
            (B) A payment under any other provision of subchapter IV of 
        this chapter.
            (C) A payment under section 2201 or 2202 of this title.
            (D) A payment, loan, or other assistance under section 1003 
        or 1006a of this title.

(c) Wetland conversion

    Except as provided in section 3822 of this title and notwithstanding 
any other provision of law, any person who in any crop year beginning 
after November 28, 1990, converts a wetland by draining, dredging, 
filling, leveling, or any other means for the purpose, or to have the 
effect, of making the production of an agricultural commodity possible 
on such converted wetland shall be ineligible for those payments, loans, 
or programs specified in subsection (b) of this section for that crop 
year and all subsequent crop years.

(d) Prior loans

    This section shall not apply to a loan described in subsection (b) 
of this section made before December 23, 1985.

(Pub. L. 99-198, title XII, Sec. 1221, Dec. 23, 1985, 99 Stat. 1507; 
Pub. L. 101-624, title XIV, Sec. 1421(b), Nov. 28, 1990, 104 Stat. 3572; 
Pub. L. 102-237, title II, Sec. 204(3), Dec. 13, 1991, 105 Stat. 1855; 
Pub. L. 102-552, title III, Sec. 308(a), Oct. 28, 1992, 106 Stat. 4116; 
Pub. L. 104-127, title III, Sec. 321, Apr. 4, 1996, 110 Stat. 986.)

                       References in Text

    The Agricultural Market Transition Act, referred to in subsec. 
(b)(1), is title I of Pub. L. 104-127, Apr. 4, 1996, 110 Stat. 896, 
which is classified principally to chapter 100 (Sec. 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. 
(b)(1), is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended, which 
is classified generally to subchapter II (Sec. 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. (b)(2), is title III of Pub. L. 87-128, Aug. 8, 1961, 75 Stat. 
307, as amended, which is classified principally to chapter 50 
(Sec. 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.


                               Amendments

    1996--Pub. L. 104-127, Sec. 321(a)(2), reenacted section catchline 
without change.
    Subsec. (a). Pub. L. 104-127, Sec. 321(a)(2), added subsec. (a) and 
struck out former subsec. (a) which related to ineligibility of persons 
producing an agricultural commodity on converted wetland to receive 
certain Federal payments, loans, insurance benefits, and other benefits.
    Subsec. (b). Pub. L. 104-127, Sec. 321(a)(2), added subsec. (b). 
Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 104-127, Sec. 321(b)(1), inserted heading and 
substituted ``beginning after November 28, 1990,'' for ``subsequent to 
November 28, 1990,'' and ``subsection (b)'' for ``subsections (a)(1) 
through (3)''.
    Pub. L. 104-127, Sec. 321(a)(1), redesignated subsec. (b) as (c).
    Subsec. (d). Pub. L. 104-127, Sec. 321(b)(2), added subsec. (d).
    1992--Subsec. (a)(1)(D). Pub. L. 102-552 made technical correction 
to directory language of Pub. L. 102-237. See 1991 Amendment note below.
    1991--Subsec. (a)(1)(D). Pub. L. 102-237, as amended by Pub. L. 102-
552, substituted ``(7 U.S.C. 1421 note)'' for ``(16 U.S.C. 1421 note)''.
    1990--Subsec. (a). Pub. L. 101-624, Sec. 1421(b)(1), designated 
existing provisions as subsec. (a).
    Subsec. (a)(1)(D). Pub. L. 101-624, Sec. 1421(b)(2), inserted 
reference to section 132 of the Disaster Assistance Act of 1989 and 
similar provisions enacted after Aug. 14, 1989.
    Subsec. (a)(3). Pub. L. 101-624, Sec. 1421(b)(3)-(5), added par. 
(3).
    Subsec. (b). Pub. L. 101-624, Sec. 1421(b)(6), added subsec. (b).


                    Effective Date of 1996 Amendment

    Section 326 of Pub. L. 104-127 provided that: ``This subtitle 
[subtitle C (Secs. 321-326) of title III of Pub. L. 104-127, enacting 
section 3823 of this title, amending this section and section 3822 of 
this title, and repealing former section 3823 of this title] and the 
amendments made by this subtitle shall become effective 90 days after 
the date of enactment of this Act [Apr. 4, 1996].''

                  Section Referred to in Other Sections

    This section is referred to in sections 3822, 3823, 3836 of this 
title; title 7 section 7251.
