16 USC 3839aa-7: Limitation on payments
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16 USC 3839aa-7: Limitation on payments Text contains those laws in effect on January 15, 2013
From Title 16-CONSERVATIONCHAPTER 58-ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAMSUBCHAPTER IV-AGRICULTURAL RESOURCES CONSERVATION PROGRAMPart IV-Environmental Quality Incentives Program
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§3839aa–7. Limitation on payments

(a) Limitation

Subject to subsection (b), a person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this part that, in the aggregate, exceed $300,000 for all contracts entered into under this part by the person or entity during any six-year period,1 (excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 3839aa–2(h) 2 of this title) regardless of the number of contracts entered into under this part by the person or entity.

(b) Waiver authority

In the case of contracts under this part for projects of special environmental significance (including projects involving methane digesters), as determined by the Secretary, the Secretary may-

(1) waive the limitation otherwise applicable under subsection (a); and

(2) raise the limitation to not more than $450,000 during any six-year period.

(Pub. L. 99–198, title XII, §1240G, as added Pub. L. 107–171, title II, §2301, May 13, 2002, 116 Stat. 257 ; amended Pub. L. 108–447, div. A, title VII, §794(b), Dec. 8, 2004, 118 Stat. 2852 ; Pub. L. 109–171, title I, §1203(b), Feb. 8, 2006, 120 Stat. 6 ; Pub. L. 110–234, title II, §2508, May 22, 2008, 122 Stat. 1063 ; Pub. L. 110–246, §4(a), title II, §2508, June 18, 2008, 122 Stat. 1664 , 1791.)

References in Text

Section 3839aa–2 of this title, referred to in subsec. (a), was amended generally by Pub. L. 110–246, title II, §2503, June 18, 2008, 122 Stat. 1787 , and, as so amended, provisions relating to funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations, which formerly appeared in subsec. (h), are contained in subsec. (g).

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 3839aa–7, Pub. L. 99–198, title XII, §1240G, as added Pub. L. 104–127, title III, §334, Apr. 4, 1996, 110 Stat. 1001 , related to limitation on payments, prior to the general amendment of this part by Pub. L. 107–171.

Amendments

2008-Pub. L. 110–246, §2508, designated existing provisions as subsec. (a), inserted heading, substituted "Subject to subsection (b), a person or legal entity" for "An individual or entity" and "$300,000" for "$450,000", substituted "the person" for "the individual" in two places, and added subsec. (b).

2006-Pub. L. 109–171 substituted "any six-year period" for "the period of fiscal years 2002 through 2007".

2004-Pub. L. 108–447 inserted "(excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 3839aa–2(h) of this title)" after "2007,".

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

1 So in original. The comma probably should follow "title)".

2 See References in Text note below.