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7 U.S.C. § 1308–3a — Notification of interests; payments limited to active farmers

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1308–3a — Notification of interests; payments limited to active farmers

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308–3a

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Stable record: federal_law:legal_authorities:record_usc_020a4db7929d95d7a186425a
Source file: Laws/federal/codes/united-states-code/title-7/section-13083a-notification-of-interests-payments-limited-to-active-farmers--29c24e9429.md
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Source location: Title 7, Chapter 35, § 1308–3a; chapter-035-agricultural-adjustment-act-of-1938.md

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**(a) Notification of interests** To facilitate administration of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) and this section, each person or legal entity receiving payments described in subsections (b) and (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) 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** — To be eligible to receive a payment described in subsection (b) or (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim), a person or legal entity shall be actively engaged in farming with respect to a farming operation as provided in this subsection or subsection (c). (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 qualified pass-through entity, 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 qualified pass-through entity, 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 qualified pass-through entity or a 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** — A sharecropper who makes a significant contribution of personal labor to a farming operation shall be considered to be actively engaged in farming with respect to the farming operation if the contribution meets the standards provided in clauses (ii) and (iii) of subsection (b)(2)(A). (4) **Growers of hybrid seed** — In determining whether a person or legal entity growing hybrid seed under contract shall be considered to be actively engaged in farming, the Secretary shall not take into consideration the existence of a hybrid seed contract. (5) **Custom farming services** (A) *In general* — A person or legal entity receiving custom farming services shall be considered separately eligible for payment limitation purposes if the person or legal entity is actively engaged in farming based on subsection (b)(2) or paragraphs (1) through (4) of this subsection. (B) *Prohibition* — No other rules with respect to custom farming shall apply. (6) **Spouse** — If 1 spouse (or estate of a deceased spouse) is determined to be actively engaged, the other spouse shall be determined to have met the requirements of subsection (b)(2)(A)(i)(II). **(d) Classes not actively engaged** (1) **Cash rent landlord** — A landlord contributing land to a farming operation shall not be considered to be actively engaged in farming with respect to the farming operation if the landlord receives cash rent, or a crop share guaranteed as to the amount of the commodity to be paid in rent, for the use of the land. (2) **Other persons and legal entities** — Any other person or legal entity that the Secretary determines does not meet the standards described in subsections (b)(2) and (c) shall not be considered to be actively engaged in farming with respect to a farming operation.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1308 — Transfer of acreage allotments or feed grain bases on public lands upon request of State agencies

Notwithstanding any other provision of law, the Secretary, upon the request of any agency of any State charged with the administration of the public lands of the State, may permit the transfer of acreage allotments or feed grain bases together with relevant production histories which have been determined pursuant to the Agricultural Adjustment Act of 1938, as amended [[7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.], or [section 590p of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590p&num=0&edition=prelim), from any farm composed of public lands to any other farm or farms in the same county composed of public lands: Provided, That as a condition for the transfer of any allotment or base an acreage equal to or greater than the allotment or base transferred prior to adjustment, if any, shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made. The Secretary shall prescribe regulations which he deems necessary for the administration of this section, which may provide for adjusting downward the size of the allotment or base transferred if the farm to which the allotment or base is transferred normally has a higher yield per acre for the commodity for which the allotment or base is determined, for reasonable limitations on the size of the resulting allotments and bases on farms to which transfers are made, taking into account the size of the allotments and bases on farms of similar size in the community, and for retransferring allotments or bases and relevant histories if the conditions of the transfers are not fulfilled.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1421 — Price support

**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him. **(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton. **(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1421

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3839bb–6 — Terminal lakes assistance

**(a) Definitions** In this section: (1) **Eligible land** — The term “eligible land” means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)— (A) that a landowner voluntarily agrees to sell to a State; and (B) which— (i) (I) is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 11 See References in Text note below. of the Food Security Act of 1985; (II) is flooded to— (aa) an average depth of at least 6.5 feet; or (bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or (III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding); (ii) is located within a watershed with water rights available for lease or purchase; and (iii) has been used during at least 5 of the immediately preceding 30 years— (I) to produce crops or hay; or (II) as livestock pasture or grazing. (2) **Program** — The term “program” means the voluntary land purchase program established under this section. (3) **Terminal lake** — The term “terminal lake” means a lake and its associated riparian and watershed resources that is— (A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or (B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3839bb–6

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2401g — Qualifying requirements for agricultural commodity producers

**(a) In general** (1) **Requirements** — Payment of a 11 So in original. Probably should be “an”. adjustment assistance under this part shall be made to an adversely affected agricultural commodity producer covered by a certification under this part who files an application for such assistance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim), if the following conditions are met: (A) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under this subsection that was produced by the producer in the most recent year. (B) The producer certifies that the producer has not received cash benefits under any provision of this subchapter other than this part. (C) The producer’s net farm income (as determined by the Secretary) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received by the producer under this part. (D) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including— (i) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and (ii) technical assistance that will improve the competitiveness of the production and marketing of the adve

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2401g

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2497b — Supplemental agricultural disaster assistance

**(a) Definitions** In this section: (1) **Actual production history yield** — The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.) or the noninsured crop disaster assistance program, respectively. (2) **Actual production on the farm** — The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B). (3) **Adjusted actual production history yield** — The term “adjusted actual production history yield” means— (A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 508(g)(4)(B) of the Federal Crop Insurance Act ([7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)), the actual production history for the eligible producer without regard to any yields established under that section; (B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [[7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)], the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of tha

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2497b

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