12 2 STA T . 1 74 2 PUBLIC LA W 11 0– 24 6—J U NE 1 8, 2008 ofthep e rs o n or l e ga l ent i t y isa v erage a dju sted gross far m in c ome .‘ ‘ ( ii )EXCEPTION . —T he S ecretary may w aive the limitation esta b lished under clause (i) on a case - by- case basis if the Secretary determines that environ- mentally sensitive land of special significance would be protected. ‘‘( B ) C O V E R E DB ENE F IT S .—Subparagraph ( A ) applies with respect to the following
‘‘(i) A payment or benefit under title XI I of this Act. ‘‘(ii) A payment or benefit under title II of the F arm Security and R ural Investment Act of 20 02 ( P ublic L aw 1 0 7– 171
11 6 Stat. 22 3 )ortitleIIofthe Food , Conservation, and Energy Act of 200 8 . ‘‘(iii) A payment or benefit under section 5 2 4 (b) of the Federal Crop Insurance Act (7 U .S.C. 1524(b)). ‘‘(c) INCO M E D ETERMIN A TION.— ‘‘(1) IN G ENERA L .—In determining the average adjusted gross farm income of a person or legal entity, the Secretary shall include income or benefits derived from or related to— ‘‘(A) the production of crops, including specialty crops (as defined in section 3 of the Specialty Crops Competitive- ness Act of 2004 (7 U.S.C. 1621 note; Public Law 108– 465)) and unfinished raw forestry products; ‘‘(B) the production of livestoc k (including cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry, fish, and other a q uacultural products used for food, honey- bees, and other animals designated by the Secretary) and products produced by, or derived from, livestock; ‘‘(C) the production of farm-based renewable energy (as defined in section 9 001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101)); ‘‘(D) the sale, including the sale of easements and development rights, of farm, ranch, or forestry land, water or hunting rights, or environmental benefits; ‘‘(E) the rental or lease of land or equipment used for farming, ranching, or forestry operations, including water or hunting rights; ‘‘(F) the processing (including packing), storing (including shedding), and transporting of farm, ranch, and forestry commodities, including renewable energy; ‘‘( G ) the feeding, rearing, or finishing of livestock; ‘‘( H ) the sale of land that has been used for agriculture; ‘‘(I) payments or other benefits received under any program authori z ed under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) or title I of the Food, Conservation, and Energy Act of 2008; ‘‘( J ) payments or other benefits received under any program authorized under title XII of this Act, title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 116 Stat. 223), or title II of the Food, Conservation, and Energy Act of 2008; ‘‘( K ) payments or other benefits received under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); Ap p licab ili ty.W ai ver a u t ho rity.
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