US Code

Public Law 119-73 (01/23/2026)

16 U.S.C. § 3811

Program ineligibility

(a)

In general

section 3812 of this titleExcept as provided in , 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)
7 U.S.C. 720115 U.S.C. 714 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 [ et seq.], the Commodity Credit Corporation Charter Act ( et seq.), or any other Act;
(B)
15 U.S.C. 714b(h) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act ();
(C)
a disaster payment;
(D)
7 U.S.C. 19211
1 See Change of Name note below.
a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act ( et seq.) or any other provision of law administered by the Consolidated Farm Service Agency, 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)
7 U.S.C. 1501 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 ( 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;
(2)
15 U.S.C. 714b a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act ( or 714c) during such crop year for the storage of an agricultural commodity acquired by the Commodity Credit Corporation; or
(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)

Highly erodible land

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.

Pub. L. 99–198, title XII, § 121199 Stat. 1506Pub. L. 101–624, title XIV, § 1411104 Stat. 3569Pub. L. 102–237, title II, § 204(1)105 Stat. 1854Pub. L. 104–127, title III, § 311110 Stat. 982Pub. L. 107–171, title II, § 2002(a)116 Stat. 233Pub. L. 113–79, title II128 Stat. 762Pub. L. 115–334, title II, § 2301(d)(1)(A)132 Stat. 4553(, , ; , , ; , , ; , , ; , , ; , §§ 2611(a)(1), 2713(b), , , 772; , , .)

Editorial Notes

References in Text

Pub. L. 104–127110 Stat. 896section 7201 of Title 7The Agricultural Market Transition Act, referred to in subsec. (a)(1)(A), is title I of , , , which is classified principally to chapter 100 (§ 7201 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see and Tables.

act June 29, 1948, ch. 70462 Stat. 1070section 714 of Title 15The Commodity Credit Corporation Charter Act, referred to in subsec. (a)(1)(A), is , , 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 and Tables.

Pub. L. 87–12875 Stat. 307section 1921 of Title 7The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(D), is title III of , , , 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 and Tables.

act Feb. 16, 1938, ch. 3052 Stat. 72section 1501 of Title 7The Federal Crop Insurance Act, referred to in subsec. (a)(1)(E), is subtitle A of title V of , , 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 and Tables.

Amendments

Pub. L. 115–3342018—Subsec. (a)(3)(A). inserted “subpart A of” before “part IV”.

Pub. L. 113–79, § 2713(b)2014—Subsec. (a). , substituted “predominant” for “predominate” in two places in introductory provisions.

Pub. L. 113–79, § 2611(a)(1)Subsec. (a)(1)(E). , added subpar. (E).

Pub. L. 107–1712002— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 104–127, § 311(1)1996—, struck out “following ,” before “any person who” in introductory provisions.

Pub. L. 104–127, § 311(2)(A)7 U.S.C. 142115 U.S.C. 714Par. (1)(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 ( et seq.), the Commodity Credit Corporation Charter Act ( et seq.), or any other Act;”.

Pub. L. 104–127, § 311(2)(B)7 U.S.C. 1501Par. (1)(C). , (E), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “crop insurance under the Federal Crop Insurance Act ( et seq.);”.

Pub. L. 104–127, § 311(2)(E)Par. (1)(D). , redesignated subpar. (E) as (D). Former subpar. (D) redesignated (C).

Pub. L. 104–127, § 311(2)(C)7 U.S.C. 14217 U.S.C. 1421, struck out before semicolon “made under the Agricultural Act of 1949 ( et seq.), under section 132 of the Disaster Assistance Act of 1989 ( note), or under any similar provision enacted subsequent to ”.

Pub. L. 104–127, § 311(2)(D)Par. (1)(E). , (E), substituted “Consolidated Farm Service Agency” for “Farmers Home Administration” and redesignated subpar. (E) as (D).

Pub. L. 104–127, § 311(3)Par. (3). , added par. (3) and struck out former par. (3) which read as follows: “during such crop year—

lsection 590p(b) of this title“(A) a payment made under section 590h, section 590 or ;

section 2202 of this title“(B) a payment made under section 2201 or ;

section 3831 of this title“(C) a payment under any contract entered into pursuant to ;

“(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

section 1006a of this title“(F) a payment, loan or other assistance under section 1003 or .”

Pub. L. 102–237, § 204(1)(A)7 U.S.C. 142116 U.S.C. 14211991—Par. (1)(D). , substituted “( note)” for “( note)”.

Pub. L. 102–237, § 204(1)(B)Par. (3)(D), (E). , (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.

Pub. L. 101–624, § 1411(1)1990—, 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.

Pub. L. 101–624, § 1411(2)Par. (1)(D). , inserted reference to section 132 of the Disaster Assistance Act of 1989 and similar provisions enacted after .

Pub. L. 101–624, § 1411(3)Par. (3). –(5), added par. (3).

Statutory Notes and Related Subsidiaries

Change of Name

section 6932 of Title 7Pub. L. 115–334, title XII, § 12404(a)132 Stat. 4974Consolidated Farm Service Agency effectively renamed Farm Service Agency by the amendments made to , Agriculture, by , , .

Effective Date of 1996 Amendment

Pub. L. 104–127, title III, § 311110 Stat. 982, , , provided that the amendment made by that section is effective 90 days after .

Short Title

Pub. L. 99–198, title XII99 Stat. 1506, subtitle B, , , 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, § 317110 Stat. 986

“(a)

In General .—

16 U.S.C. 3811The 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 ( et seq.).
“(b)

Selection of Counties and Producers .—

The pilot project shall be conducted for producers in those counties that—
“(1)
16 U.S.C. 3801 have approximately 100 percent of their cropland determined to be highly erodible under title XII of the Act [ 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)
16 U.S.C. 3801(a)(9)(A) if the use of the land classification system under section 1201(a)(9)(A) of the Act [] (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.”
, , , provided that: