Page:United States Statutes at Large Volume 101 Part 2.djvu/812

 101 STAT. 1330-18

PUBLIC LAW 100-203—DEC. 22, 1987

SEC. 1305. REGULATIONS: TRANSITION MENTS. 7 USC 1308 note.

RULES;

EQUITABLE ADJUST-

(a) REGULATIONS.—

(1) ISSUANCE.—The Secretary of Agriculture shall issue— (A) proposed regulations to carry out the amendments made by this subtitle not later than April 1, 1988; and (B) final regulations to carry out such amendments not later than August 1, 1988. (2) FIELD INSTRUCTIONS.—Any field instructions relating to, or other supplemental clarifications of, the regulations issued under sections 1001 through lOOlC of the Food Security Act of 1985 shall not be used in resolving issues involved in the application of the payment limitations or restrictions under such sections or regulations to individuals, other entities, or farming operations until copies of the publication are made available to the public. (b) ALLOWANCE FOR EQUITABLE REORGANIZATIONS.—To allow for the equitable reorganization of farming operations to conform to the limitations and restrictions contained in the amendments made to the Food Security Act of 1985 by this subtitle in cases in which the application of such limitations and restrictions will reduce payments to the farming operation (as determined by the Secretary), the Secretary may waive the application of the substantive change rule under section 1001(5)(E), as added by section 1303 of this Act, or any regulation of the Secretary containing a comparable rule, to any reorganization applied for prior to the final date when producers are eligible to enter into contracts to participate in the commodity programs established for the 1989 crop year, to the extent the Secretary determines appropriate to facilitate any such equitable reorganizations that does not increase such payments. (c) GOOD FAITH REUANCE ON OFFICIAL ADVICE.—Section 1001 of

the Food Security Act of 1985 (7 U.S.C. 1308) is amended by adding at the end thereof the following new paragraph: "(7) Regulations of the Secretary shall establish time limits for the various steps involved with notice, hearing, decision, and the appeals procedure in order to ensure expeditious handling and settlement of payment limitation disputes. Notwithstanding any other provision of law, actions taken by an individual or other entity in good faith on action or advice of an authorized representative of the Secretary may be accepted as meeting the requirement under this section or section lOOlA, to the extent the Secretary deems it desirable in order to provide fair and equitable treatment.". Contracts. (d) CONSERVATION RESERVE AppucATiON.—Notwithstanding sec7 USC 1308 note, tion 1234(fK2) of the Food Security Act of 1985 (16 U.S.C. 3834(f)), paragraphs (5) through (7) of section 1001, as amended by this subtitle, and sections 1001A through lOOlC, of the Food Security Act of 1985 shall apply to the conservation reserve program under subtitle D of title XII of such Act (16 U.S.C. 3831 et seq.) with respect to rental payments to persons under contracts entered into after the date of the enactment of this Act, except with respect to landlords that receive 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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