Page:United States Statutes at Large Volume 122.djvu/1031

 12 2 STA T . 1 0 0 8PUBLIC LA W 110 – 2 34—M A Y 22, 2008 (d)AMEND MEN TFORC ON SI STEN CY.—Section10 01A o f t h e F ood Sec ur it y Actof1 985 ( 7U .S.C. 1 3 08 – 1)i sam ended b y stri k in g subsection (b) and inserting the fo l lo w ing

‘(b) ACTI V E L Y E N GA GED.— ‘‘(1) I N GENERAL.— T o be eligible to recei v ea p ayment described in subsection (b) or (c) of section 1001 , a person or legal entity shall be actively engaged in farming with respect to a farming operation as provided in this subsection or sub - section (c). ‘‘( 2 ) CLASSES ACTIVELY ENGAGED.—E x cept as provided in subsections (c) and (d)— ‘‘(A) a person (including a person participating in a farming operation as a partner in a general partnership, a participant in a j oint venture, a grantor of a revocable trust, or a participant in a similar entity, as determined by the Secretary) shall be considered to be actively engaged in farming with respect to a farming operation if— ‘‘(i) the person makes a significant contribution (based on the total value of the farming operation) to the farming operation of— ‘‘(I) capital, e q uipment, or land and ‘‘(II) personal labor or active personal manage- ment; ‘‘(ii) the person ’ s share of the profits or losses from the farming operation is commensurate with the contributions of the person to the farming operation; and ‘‘(iii) the contributions of the person are at risk; ‘‘( B ) a legal entity that is a corporation, joint stock company, association, limited partnership, charitable organi z ation, or other similar entity determined by the Secretary (including any such legal entity participating in the farming operation as a partner in a general partner- ship, a participant in a joint venture, a grantor of a rev- ocable trust, or as a participant in a similar legal entity as determined by the Secretary) shall be considered as actively engaged in farming with respect to a farming operation if— ‘‘(i) the legal entity separately makes a significant contribution (based on the total value of the farming operation) of capital, equipment, or land; ‘‘(ii) the stockholders or members collectively make a significant contribution of personal labor or active personal management to the operation; and ‘‘(iii) the standards provided in clauses (ii) and (iii) of subparagraph (A), as applied to the legal entity, are met by the legal entity; ‘‘(C) if a legal entity that is a general partnership, joint venture, or similar entity, as determined by the Sec- retary, separately makes a significant contribution (based on the total value of the farming operation involved) of capital, equipment, or land, and the standards provided in clauses (ii) and (iii) of subparagraph (A), as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management shall be considered

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