16 U.S.C. § 3811: Program ineligibility

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 [ 7 U.S.C. 7201 et seq.], the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714 et seq.), or any other Act; a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714b(h) ); a disaster payment; a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 et seq.) or any other provision of law administered by the Consolidated Farm Service Agency, 1 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 1 See Change of Name note below. only apply to reinsurance years subsequent to the date of final determination of a violation, including all administrative appeals; and not apply to the existing reinsurance year or any reinsurance year prior to the date of final determination; a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714b or 714c) during such crop year for the storage of an agricultural commodity acquired by the Commodity Credit Corporation; or a payment made pursuant to a contract entered into under the environmental quality incentives program under subpart A of part IV of subchapter IV; a payment under any other provision of subchapter IV; a payment under section 2201 or 2202 of this title; or a payment, loan, or other assistance under section 1003 or 1006a of this title. 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. 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. 3811 et seq.). have approximately 100 percent of their cropland determined to be highly erodible under title XII of the Act [ 16 U.S.C. 3801 et seq.]; 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 if the use of the land classification system under section 1201(a)(9)(A) of the Act [ 16 U.S.C. 3801(a)(9)(A) ] (as redesignated by section 301(a)(1)) may result in a more accurate delineation of the cropland. 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.”