7 USC 1308-1 - Notification of interests; payments limited to active farmers

U.S Code last checked for updates: May 10, 2024

§ 1308–1.

Notification of interests; payments limited to active farmers

(a)

Notification of interests

To facilitate administration of section 1308 of this title and this section, each person or legal entity receiving payments described in subsections (b) and (c) of section 1308 of this title as a separate person or legal entity shall separately provide to the Secretary, at such times and in such manner as prescribed by the Secretary—

(1)

the name and social security number of each person, or the name and taxpayer identification number of each legal entity, that holds or acquires an ownership interest in the separate person or legal entity; and

(2)

the name and taxpayer identification number of each legal entity in which the person or legal entity holds an ownership interest.

(b)

Actively engaged

(1)

In general

(2)

Classes actively engaged

Except 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 joint 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, equipment, or land; and

(II)

personal labor or active personal management;

(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 organization, or other similar entity determined by the Secretary (including any such legal entity participating in the farming operation as a partner in a general partnership, a participant in a joint venture, a grantor of a revocable 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 Secretary, 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 to be actively engaged in farming with respect to the farming operation involved; and

(D)

in making determinations under this subsection regarding equipment and personal labor, the Secretary shall take into consideration the equipment and personal labor normally and customarily provided by farm operators in the area involved to produce program crops.

(c)

Special classes actively engaged

(1)

Landowner

A person or legal entity that is a landowner contributing the owned land to a farming operation shall be considered to be actively engaged in farming with respect to the farming operation if—

(A)

the landowner receives rent or income for the use of the land based on the production on the land or the operating results of the operation; and

(B)

the person or legal entity meets the standards provided in clauses (ii) and (iii) of subsection (b)(2)(A).

(2)

Adult family member

If a majority of the participants in a farming operation are family members, an adult family member shall be considered to be actively engaged in farming with respect to the farming operation if the person—

(A)

makes a significant contribution, based on the total value of the farming operation, of active personal management or personal labor; and

(B)

with respect to such contribution, meets the standards provided in clauses (ii) and (iii) of subsection (b)(2)(A).

(3)

Sharecropper

(4)

Growers of hybrid seed

(5)

Custom farming services

(A)

In general

(B)

Prohibition

(6)

Spouse

(d)

Classes not actively engaged

(1)

Cash rent landlord

(2)

Other persons and legal entities

(Pub. L. 99–198, title X, § 1001A, as added and amended Pub. L. 100–203, title I, §§ 1301(a)(3), 1302, Dec. 22, 1987, 101 Stat. 1330–12, 1330–14; Pub. L. 101–624, title XI, § 1111(d), (f), Nov. 28, 1990, 104 Stat. 3498, 3499; Pub. L. 102–237, title I, § 118(c), Dec. 13, 1991, 105 Stat. 1841; Pub. L. 104–127, title I, § 115(c)(1), Apr. 4, 1996, 110 Stat. 903; Pub. L. 107–171, title I, § 1603(c)(1), May 13, 2002, 116 Stat. 215; Pub. L. 110–234, title I, § 1603(c), (d), May 22, 2008, 122 Stat. 1007, 1008; Pub. L. 110–246, § 4(a), title I, § 1603(c), (d), June 18, 2008, 122 Stat. 1664, 1735, 1736.)

cite as: 7 USC 1308-1