104 STAT. 3570 PUBLIC LAW 101-624—NOV. 28, 1990 (2) in subsection (b)(2), by striking the semicolon and inserting a period; (3) by redesignating subsection (c) as subsection (d); (4) by redesignating the paragraphs (3) through (5) of subsection (b) as paragraphs (1) through (3), respectively, of subsection (c) and by inserting sifter subsection (b)(2) the following: "(c) No person shall become ineligible under section 1211 for program loans, payments, and benefits as the result of the production of a crop of an agricultural commodity or the designation of land 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 (hereafter in this subsection referred to as 'set aside')—"; (5) in subsection (c)(l)(B), as amended by paragraph (4), by inserting "for the protection of highly erodible land that has been set aside or" after "adequate"; and (6) in subsection (c)(2), as amended by paragraph (4)— (A) by inserting "or set aside" after "that is planted"; and (B) by inserting "or set aside" after "that was planted". (c) TENANTS.—Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) (as amended by subsection (b) of this section) is amended by adding at the end the following new subsection: "(e) If a tenant is determined to be ineligible for payments and other benefits under section 1211, the Secretary may limit such ineligibility only to the farm which is the basis for such ineligibility determination if— "(1) the tenant has established to the satisfaction of the Secretary that— "(A) the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable conservation compliance plan for such farm; and "(B) the landlord on the farm refuses to comply with such plan on such farm; and "(2) the Secretary determines that such lack of compliance is not a part of a scheme or device to avoid such compliance. Reports. The Secretary shall provide an annual report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the ineligibility determinations limited during the previous 12-month period under this subsection.". (d) GRADUATED SANCTIONS, HIGHLY ERODIBLE LAND CONSERVA- TION.—Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) (as amended by subsection (c) of this section) is further amended by adding at the end thereof the following new subsection: "(fKD Except to the extent provided in paragraph (2), no person shall become ineligible under section 1211 for program loans, pay- ments, and benefits as a result of the failure of such person to actively apply a conservation plan that documents the decisions of such person with respect to location, land use, tillage systems, and conservation treatment measures and schedules prepared under subsection (a), if the Secretary determines that such person has— "(A) not violated the provisions of section 1211 within the previous 5 years on a farm; and "(B) acted in good faith and without the intent to violate the provisions of this subtitle.
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