12 2 STA T . 1 0 0 9PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8tobeac t iv e ly e ng age d in f a rm ing w it h re sp ect to the farming operation involved
and ‘ ‘ (D) in ma k ing determinations u nder this subsection regarding e q uipment and personal labor , the S ecretary shall take into consideration the equipment and personal labor normally and customarily provided by farm operators in the area involved to produce program crops . ‘‘(c) S PECIALC LA S SES A C T I V EL YENG AGE D . — ‘‘( 1 ) L AND OW NE R .—A person or legal entity that is a land - owner contributing the owned land to a farming operation shall be considered to be actively engaged in farming with respect to the farming operation if— ‘‘(A) the landowner receives rent or income for the use of the land based on the production on the land or the operating results of the operation; and ‘‘( B ) the person or legal entity meets the standards provided in clauses (ii) and (iii) of subsection (b)( 2 )(A). ‘‘(2) AD U LT F A M ILY MEM B ER.— I fama j ority of the partici- pants in a farming operation are family members, an adult family member shall be considered to be actively engaged in farming with respect to the farming operation if the person— ‘‘(A) makes a significant contribution, based on the total value of the farming operation, of active personal management or personal labor; and ‘‘(B) with respect to such contribution, meets the stand- ards provided in clauses (ii) and (iii) of subsection (b)(2)(A). ‘‘( 3 )S H ARECROPPER.—A sharecropper who makes a signifi- cant contribution of personal labor to a farming operation shall be considered to be actively engaged in farming with respect to the farming operation if the contribution meets the standards provided in clauses (ii) and (iii) of subsection (b)(2)(A). ‘‘( 4 ) G ROWERS OF HYBRID SEED.—In determining whether a person or legal entity growing hybrid seed under contract shall be considered to be actively engaged in farming, the Secretary shall not take into consideration the e x istence of a hybrid seed contract. ‘‘( 5 ) CUSTOM FARMING SERVICES.— ‘‘(A) IN GENERAL.—A person or legal entity receiving custom farming services shall be considered separately eligible for payment limitation purposes if the person or legal entity is actively engaged in farming based on sub- section (b)(2) or paragraphs (1) through (4) of this sub- section. ‘‘(B) P ROHIBITION.— N o other rules with respect to cus- tom farming shall apply. ‘‘( 6 ) SPOUSE.—If 1 spouse (or estate of a deceased spouse) is determined to be actively engaged, the other spouse shall be determined to have met the requirements of subsection (b)(2)(A)(i)(II). ‘‘(d) CLASSES NOT ACTIVELY ENGAGED.— ‘‘(1) CASH RENT LANDLORD.—A landlord contributing land to a farming operation shall not be considered to be actively engaged in farming with respect to the farming operation if the landlord receives cash rent, or a crop share guaranteed as to the amount of the commodity to be paid in rent, for the use of the land.
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