Page:United States Statutes at Large Volume 104 Part 5.djvu/249

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3571 "(2) If the Secretary determines that a person who has failed to comply with the provisions of section 1211 meets the requirements of paragraph (1), the Secretary shall, in lieu of applying the ineligibility provisions in section 1211, reduce by not less than $500 nor more than $5,000, depending on the seriousness of the violation as determined by the Secretary, program benefits described in section 1211 that such producer would otherwise be eligible to receive in a crop year. "(3) Any person whose benefits are reduced in any crop year under this subsection shall continue to be eligible for all of the benefits described in section 1211 for any subsequent crop year if, prior to the beginning of such subsequent crop year, the Secretary determines that such person is actively applying a conservation plsm prepared under subsection (a) according to the schedule set forth in such plan. "(4) Notwithstanding any other provision of this subtitle, no person shall become ineligible under section 1211 for program loans, payments, and benefits as a result of the failure of such person to actively apply a conservation plan that documents the decisions of such person with respect to location, land use, tillage systems, and conservation treatment measures and schedules prepared under subsection (a), if the Secretary— "(A) determines that such failure results in a violation of section 1211 that is technical and minor in nature and that such violation has a minimal effect on the erosion control purposes of the conservation plan applicable to the land on which such violations has occurred; "(B) determines that such failure is due to circumstances beyond the control of the person; or '(C) grants the person a temporary variance from the practices specified in the plan for the purpose of handling a specific problem. A determination or the granting of a variance by the Secretary under this paragraph shall not be counted as a violation for the purposes of paragraph (I)(A).". (e) INFORMATION,—Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) (as amended by subsection (d) of this section) is further amended by adding at the end thereof the following new subsection: "(g) The Secretary, in providing assistance to an individual in the preparation or revision of a conservation plan under this section, shall provide such individual with information— "(1) concerning cost effective and applicable erosion control measures that may be available to such individual to meet the requirements of this section; and "(2) concerning crop flexibility, base adjustment, and conservation assistance options that may be available to such individual to meet the requirements of this section, including the provisions of titles X, XII, and XIII, of the Food, Agriculture, Conservation, and Trade Act of 1990 (or the amendments made by such titles).". (f) NONCOMMERCIAL PRODUCTION OF AGRICULTURAL COMMOD- ITIES.—Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) (as amended by subsection (e) of this section) is further amended by adding at the end thereof the following new subsection: "(h) Section 1211 shall not apply to the noncommercial production of agricultural commodities on a farm if such production is limited

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