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7 U.S.C. § 8752 — Adjustments of loans
Federal law — U.S. Code and appendices · legal_authorities
**(a) Adjustment authority** Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors.
**(b) Manner of adjustment** The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitles B through E.11 See References in Text note below.
**(c) Adjustment on county basis**
(1) **In general** — The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.
(2) **Prohibition** — Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
**(d) Adjustment in loan rate for cotton**
(1) **In general** — The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors.
(2) **Revisions to quality adjustments for upland cotton**
(A) *In general* — Not later than 180 days after the date of enactment of this Act, the Secretary shall implement revisions in the administration of the marketing assistance loan program for upland cotton to more accurately and efficiently reflect market values for upland cotton.
(B) *Mandatory revisions* — Revisions under subparagraph (A) shall include—
(i) the elimination of warehouse location differentials;
(ii) the establishment of differentials for the various quality factor
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Source location: Title 7, Chapter 113, § 8752; chapter-113-agricultural-commodity-support-programs.md
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**(a) Adjustment authority** Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors.
**(b) Manner of adjustment** The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitles B through E.11 See References in Text note below.
**(c) Adjustment on county basis**
(1) **In general** — The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.
(2) **Prohibition** — Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
**(d) Adjustment in loan rate for cotton**
(1) **In general** — The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors.
(2) **Revisions to quality adjustments for upland cotton**
(A) *In general* — Not later than 180 days after the date of enactment of this Act, the Secretary shall implement revisions in the administration of the marketing assistance loan program for upland cotton to more accurately and efficiently reflect market values for upland cotton.
(B) *Mandatory revisions* — Revisions under subparagraph (A) shall include—
(i) the elimination of warehouse location differentials;
(ii) the establishment of differentials for the various quality factors and staple lengths of cotton based on a 3-year, weighted moving average of the weighted designated spot market regions, as determined by regional production;
(iii) the elimination of any artificial split in the premium or discount between upland cotton with a 32 or 33 staple length due to micronaire; and
(iv) a mechanism to ensure that no premium or discount is established that exceeds the premium or discount associated with a leaf grade that is 1 better than the applicable color grade.
(C) *Discretionary revisions* — Revisions under subparagraph (A) may include—
(i) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;
(ii) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and
(iii) such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3).
(3) **Consultation with private sector**
(A) *Prior to revision* — In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry.
(B) *Inapplicability of chapter 10 of title 5* — Chapter 10 of title 5 shall not apply to consultations under this subsection.
(4) **Review of adjustments** — The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further revisions to the administration of the loan program for upland cotton, by—
(A) revoking or revising any actions taken under paragraph (2)(B); or
(B) revoking or revising any actions taken or authorized to be taken under paragraph (2)(C).
**(e) Rice** The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–198, title I, § 153, Dec. 23, 1985, 99 Stat. 1377; Pub. L. 100–418, title IV, § 4308, Aug. 23, 1988, 102 Stat. 1399; Pub. L. 100–435, title I, § 106, Sept. 19, 1988, 102 Stat. 1651; Pub. L. 101–624, title I, § 114, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 103–465, title IV, § 411(b), Dec. 8, 1994, 108 Stat. 4963; Pub. L. 104–127, title I, § 148, Apr. 4, 1996, 110 Stat. 920; Pub. L. 107–171, title I, § 1503(a), May 13, 2002, 116 Stat. 207; Pub. L. 110–234, title I, § 1503, May 22, 2008, 122 Stat. 992; Pub. L. 110–246, § 4(a), title I, § 1503, June 18, 2008, 122 Stat. 1664, 1721, related to the dairy export incentive program.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations** The Secretary or the Commodity Credit Corporation, as appropriate, shall issue such regulations as may be necessary to carry out the authority vested in the Secretary in administering this subpart.
**(b) Violation** Any person knowingly violating any regulation of the Secretary issued under subsection (a) shall be subject to a civil penalty of not more than $5,000 for each violation.
**(c) Publication in Federal Register** Each determination issued by the Secretary to establish, adjust, or suspend allotments under this subpart shall be promptly published in the Federal Register and shall be accompanied by a statement of the reasons for the determination.
**(d) Jurisdiction of courts; United States attorneys**
(1) **Jurisdiction of courts** — The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, this subpart or any regulation issued thereunder.
(2) **United States attorneys** — Whenever the Secretary shall so request, it shall be the duty of the several United States attorneys, in their respective districts, to institute proceedings to enforce the remedies and to collect the penalties provided for in this subpart. The Secretary may elect not to refer to a United States attorney any violation of this subpart or regulation when the Secretary determines that the administration and enforcement of this subpart would be adequately served by written notice or warning to any person committing the violation.
**(e) Nonexclusivity of remedies** The remedies and penalties provided for in this subpart shall be in addition to, and not exclusive of, any remedies or penalties existing at law or in equity.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Base acres for peanuts**
(A) *In general* — The term “base acres for peanuts” means the number of acres assigned to a farm pursuant to [section 7952 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952&num=0&edition=prelim), as in effect on September 30, 2007, subject to any adjustment under [section 8752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8752&num=0&edition=prelim).
(B) *Covered commodities* — The term “base acres”, with respect to a covered commodity, has the meaning given the term in [section 8711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8711&num=0&edition=prelim).
(2) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under section 8754 11 See References in Text note below. of this title.
(3) **Direct payment** — The term “direct payment” means a direct payment made to producers on a farm under section 8753 1 of this title.
(4) **Effective price** — The term “effective price” means the price calculated by the Secretary under section 8754 1 of this title for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year.
(5) **Payment acres** — The term “payment acres” means, in the case of direct payments and counter-cyclical payments—
(A) except as provided in subparagraph (B), 85 percent of the base acres of peanuts on a farm on which direct payments or counter-cyclical payments are made; and
(B) in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 percent of the base acres for peanuts on a farm on which direct payments are made.
(6) **Paym
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Federal law — U.S. Code and appendices · legal_authorities
Page 2237
TITLE 7—AGRICULTURE
§ 8752
cent of the base acres for peanuts on a farm
on which direct payments are made.
(6) Payment yield
The term ‘‘payment yield’’ means the yield
established for direct payments and the yield
established
for
counter-cyclical
payments
under section 7952 of this title, as in effect on
September 30, 2007, for a farm for peanuts.
(7) Producer
(A) In general
The term ‘‘producer’’ means an owner, op-
erator, landlord, tenant, or sharecropper
that shares in the risk of producing a crop
on a farm and is entitled to share in the crop
available for marketing from the farm, or
would have shared had the crop been pro-
duced.
(B) Hybrid seed
In determining whether a grower of hybrid
seed is a producer, the Secretary shall—
(i) not take into consideration the exist-
ence of a hybrid seed contract; and
(ii) ensure that program requirements do
not adversely affect the ability of the
grower to receive a payment under this
subchapter.
(8) State
The term ‘‘State’’ means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the
United States.
(9) Target price
The term ‘‘target price’’ means the price per
ton of peanuts used to determine the payment
rate for counter-cyclical payments.
(10) United States
The term ‘‘United States’’, when used in a
geographical sense, means all of the States.
(Pub. L. 110–234, title I, § 1301, May 22, 2008, 122
Stat. 966; Pub. L. 110–246, § 4(a), title I, § 1301,
June 18, 2008, 122 Stat. 1664, 1695.)
Editorial Notes
REFERENCES IN TEXT
Section 8754 of this title, referred to in pars. (2) and
(4), was repealed by Pub. L. 113–79, title I, § 1102(a), Feb.
7, 2014, 128 Stat. 658.
Section 8753 of this title, referred to
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