REVIEW OF GOOD FAITH DETERMINATIONS RELATED TO HIGHLY ERODIBLE LAND CONSERVATION.

SEC. 2002. REVIEW OF GOOD FAITH DETERMINATIONS RELATED TO HIGHLY ERODIBLE LAND CONSERVATION. Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is amended by striking subsection (f) and inserting the following new subsection:“(f) Graduated Penalties.—“(1) Ineligibility.—No person shall become ineligible under section 1211 for program loans, payments, and benefits as a result of the failure of the person to actively apply a conservation plan, if the Secretary determines that the person has acted in good faith and without an intent to violate this subtitle.“(2) Eligible reviewers.—A determination of the Secretary, or a designee of the Secretary, under paragraph (1) shall be reviewed by the applicable—“(A) State Executive Director, with the technical concurrence of the State Conservationist; or“(B) district director, with the technical concurrence of the area conservationist.“(3) Period for implementation.—A person who meets the requirements of paragraph (1) shall be allowed a reasonable period of time, as determined by the Secretary, but not to exceed 1 year, during which to implement the measures and practices necessary to be considered to be actively applying the conservation plan of the person.“(4) Penalties.—“(A) Application.—This paragraph applies if the Secretary determines that—“(i) a person has failed to comply with section 1211 with respect to highly erodible cropland, and has acted in good faith and without an intent to violate section 1211; or“(ii) the violation—“(I) is technical and minor in nature; and“(II) has a minimal effect on the erosion control purposes of the conservation plan applicable to the land on which the violation has occurred.“(B) Reduction.—If this paragraph applies under subparagraph (A), the Secretary shall, in lieu of applying the ineligibility provisions of section 1211, reduce program benefits described in section 1211 that the producer would otherwise be eligible to receive in a crop year by an amount commensurate with the seriousness of the violation, as determined by the Secretary.“(5) Subsequent crop years.—Any person whose benefits are reduced for 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 the subsequent crop year, the Secretary determines that the person is actively applying a conservation plan according to the schedule specified in the plan.”.122 STAT. 1028