Page:United States Statutes at Large Volume 99 Part 2.djvu/403

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1513

is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. (fKD The total amount of rental payments, including rental pay- Prohibition, ments made in the form of in-kind commodities, made to an owner or operator under this subtitle for any fiscal year may not exceed $50,000. (2)(A) The Secretary shall issue regulations— Regulations, (i) defining the term "person" as used in this subsection; and (ii) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection, (B) The regulations issued by the Secretary on December 18, 1970, under section 101 of the Agricultural Act of 1970 (7 U.S.C. 1307), shall be used to determine whether corporations and their stockholders may be considered as separate persons under this subsection. (3) Rental payments received by an owner or operator shall be in addition to, and not affect, the tot^d amount of payments that such owner or operator is otherwise eligible to receive under this Act or the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.). CONTRACTS

SEC. 1235. (a)(1) No contract shall be entered into under this Prohibition. subtitle concerning land with respect to which the ownership has 16 USC 3835. changed in the 3-year period preceding the first year of the contract period unless— (A) the new ownership was acquired by will or succession as a result of the death of the previous owner; (B) the new ownership was acquired before January 1, 1985; or (C) the Secretary determines that the land was acquired under circumstances that give adequate assurance that such land was not acquired for the purpose of placing it in the program established by this subtitle. (2) Paragraph (1) shall not— Prohibitions. (A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this subtitle; or (B) require a person to own the land as a condition of eligibility for entering into the contract if the person— (i) has operated the land to be covered by a contract under this section for at least 3 years preceding the date of the contract or since January 1, 1985, whichever is later; and (ii) controls the land for the contract period. (b) If during the term of a contract entered into under this subtitle an owner or operator of land subject to such contract sells or otherwise transfers the ownership or right of occupancy of such land, the new owner or operator of such land may— (1) continue such contract under the same terms or conditions; (2) enter into a new contract in accordance with this subtitle; or

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