Page:United States Statutes at Large Volume 110 Part 1.djvu/1010

This page needs to be proofread.

110 STAT. 986 PUBLIC LAW 104-127—APR. 4, 1996 "(c) REVIEW. —I f the corrective action is not fully implemented not later than 1 year after the responsible persons receive the information, the Secretary may conduct a review of the status of compliance of the persons with the conservation plan and this subtitle.". 16 USC 3811 SEC. 317. WIND EROSION ESTIMATION PILOT PROJECT. (a) IN GENERAL.— The 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 (16 U.S.C. 3811etseq.). (b) SELECTION OF COUNTIES AND PRODUCERS. —The pilot project shall be conducted for producers in those counties that— (1) have approximately 100 percent of their cropland determined to be highly erodible under title XII of the Act; (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) 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. Subtitle C—Wetland Conservation SEC. 321. PROGRAM INELIGIBILITY. (a) PROGRAM INELIGIBILITY.— Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by striking the section heading and all that follows through the end of subsection (a) and inserting the following: " SEC. 1221. PROGRAM INELIGIBILITY. "(a) PRODUCTION ON CONVERTED WETLAND. — Except as provided in this subtitle 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) 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