
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: 16USC3830a]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
       Part I--Environmental Conservation Acreage Reserve Program
 
                      subpart a--general provisions
 
Sec. 3830a. Good faith reliance


(a) In general

    Except as provided in subsection (d) of this section and 
notwithstanding any other provision of this part, the Secretary shall 
provide equitable relief to an owner or operator that has entered into a 
contract under this part, and that is subsequently determined to be in 
violation of the contract, if the owner or operator in attempting to 
comply with the terms of the contract and enrollment requirements took 
actions in good faith reliance on the action or advice of an authorized 
representative of the Secretary.

(b) Types of relief

    The Secretary shall--
        (1) to the extent the Secretary determines that an owner or 
    operator has been injured by good faith reliance described in 
    subsection (a) of this section, allow the owner or operator to do 
    any one or more of the following--
            (A) to retain payments received under the contract;
            (B) to continue to receive payments under the contract;
            (C) to keep all or part of the land covered by the contract 
        enrolled in the applicable program under this part;
            (D) to reenroll all or part of the land covered by the 
        contract in the applicable program under this part; or
            (E) or \1\ any other equitable relief the Secretary deems 
        appropriate; and
---------------------------------------------------------------------------
    \1\ So in original.

        (2) require the owner or operator to take such actions as are 
    necessary to remedy any failure to comply with the contract.

(c) Relation to other law

    The authority to provide relief under this section shall be in 
addition to any other authority provided in this or any other Act.

(d) Exception

    This section shall not apply to a pattern of conduct in which an 
authorized representative of the Secretary takes actions or provides 
advice with respect to an owner or operator that the representative and 
the owner or operator know are inconsistent with applicable law 
(including regulations).

(e) Applicability of relief

    Relief under this section shall be available for contracts in effect 
on January 1, 2000 and for all subsequent contracts.

(Pub. L. 99-198, title XII, Sec. 1230A, as added Pub. L. 106-387, 
Sec. 1(a) [title VII, Sec. 755], Oct. 28, 2000, 114 Stat. 1549, 1549A-
42.)

                       References in Text

    This Act, referred to in subsec. (c), is Pub. L. 99-198, Dec. 23, 
1985, 99 Stat. 1354, as amended, known as the Food Security Act of 1985. 
For complete classification of this Act to the Code, see Short Title of 
1985 Amendment note set out under section 1281 of Title 7, Agriculture, 
and Tables.
