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7 U.S.C. § 9037 — Payments in lieu of loan deficiency payments for grazed acreage

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

7 U.S.C. § 9037 — Payments in lieu of loan deficiency payments for grazed acreage

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Source file: Laws/federal/codes/united-states-code/title-7/section-9037-payments-in-lieu-of-loan-deficiency-payments-for-grazed-acreage--a967595fee.md
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Source location: Title 7, Chapter 115, § 9037; chapter-115-agricultural-commodity-policy-and-programs.md

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**(a) Eligible producers** (1) **In general** — Effective for each of the 2014 through 2031 crop years, in the case of a producer that would be eligible for a loan deficiency payment under [section 9035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9035&num=0&edition=prelim) for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage. (2) **Grazing of triticale acreage** — Effective for each of the 2014 through 2031 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage. **(b) Payment amount** (1) **In general** — The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under [section 9035(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9035/c&num=0&edition=prelim) in effect, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and (ii) (I) the payment yield in effect for the calculation of price loss coverage under [section 9015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9015&num=0&edition=prelim) with respect to that loan commodity on the farm; (II) in the case of a farm for which agriculture risk coverage is elected under [section 9016(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9016/a&num=0&edition=prelim), the payment yield that would otherwise be in effect with respect to that loan commodity on the farm in the absence of such election; or (III) in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an appropriate yield established by the Secretary in a manner consistent with [section 9013(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9013/c&num=0&edition=prelim). (2) **Grazing of triticale acreage** — The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under [section 9035(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9035/c&num=0&edition=prelim) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and (ii) (I) the payment yield in effect for the calculation of price loss coverage under subchapter I with respect to wheat on the farm; (II) in the case of a farm for which agriculture risk coverage is elected under [section 9016(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9016/a&num=0&edition=prelim), the payment yield that would otherwise be in effect for wheat on the farm in the absence of such election; or (III) in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield established by the Secretary in a manner consistent with [section 9013(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9013/c&num=0&edition=prelim). **(c) Time, manner, and availability of payment** (1) **Time and manner** — A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under [section 9035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9035&num=0&edition=prelim). (2) **Availability** (A) *In general* — The Secretary shall establish an availability period for the payments authorized by this section. (B) *Certain commodities* — In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter. **(d) Prohibition on crop insurance indemnity or noninsured crop assistance** A 2014 through 2031 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized 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 noninsured crop assistance under [section 7333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7333&num=0&edition=prelim).

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

7 U.S.C. § 7333 — Administration and operation of noninsured crop assistance program

**(a) Operation and administration of program** (1) **In general** (A) *Coverages* — In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to— (i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act ([7 U.S.C. 1508(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/b&num=0&edition=prelim)); or (ii) except in the case of crops and grasses used for grazing, additional coverage available under subsections (c) and (h) of section 508 of that Act ([7 U.S.C. 1508](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508&num=0&edition=prelim)) that does not exceed 65 percent, as described in subsection (l). (B) *Administration* — The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the “Agency”). (C) *Data collection and sharing* — The Secretary shall coordinate with the Administrator of the Risk Management Agency on the type and format of data received under the noninsured crop disaster assistance program that— (i) best facilitates the use of that data in developing policies or plans of insurance offered 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.); and (ii) ensures the availability of that data on a regular basis. (D) *Coordination* — The Secretary shall coordinate between the agencies of the Department that provide programs or services to farmers and ranchers that are potentially eligible fo

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7333

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

7 U.S.C. § 9035 — Repayment of loans

**(a) General rule** The Secretary shall permit the producers on a farm to repay a marketing assistance loan under [section 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim) for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of— (1) the loan rate established for the commodity under [section 9032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9032&num=0&edition=prelim), plus interest (determined in accordance with [section 7283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7283&num=0&edition=prelim)); (2) a rate (as determined by the Secretary) that— (A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; and (B) will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or (3) a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the commodity; (D) allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and (E) minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries. **(b) Repayment rates for upland co

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

7 U.S.C. § 9015 — Payment acres

**(a) Determination of payment acres** (1) **General rule** — For the purpose of price loss coverage and agriculture risk coverage when county coverage has been selected under [section 9015(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9015/b/1&num=0&edition=prelim), but subject to subsection (e), the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm. (2) **Effect of individual coverage** — In the case of agriculture risk coverage when individual coverage has been selected under [section 9015(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9015/b/2&num=0&edition=prelim), but subject to subsection (e), the payment acres for a farm shall be equal to 65 percent of the base acres for all of the covered commodities on the farm. **(b) Treatment of generic base acres** (1) **In general** — In the case of generic base acres, price loss coverage payments and agriculture risk coverage payments are made only with respect to generic base acres planted to a covered commodity for the crop year. (2) **Attribution** — With respect to a farm containing generic base acres, for the purpose of applying paragraphs (1) and (2) of subsection (a), generic base acres on the farm are attributed to a covered commodity in the following manner: (A) If a single covered commodity is planted and the total acreage planted exceeds the generic base acres on the farm, the generic base acres are attributed to that covered commodity in an amount equal to the total number of generic base acres. (B) If multiple covered commodities are planted and the total number of acres planted to all covered commodities on the farm

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

7 U.S.C. § 1501 — Short title and application of other provisions

This subchapter may be cited as the “Federal Crop Insurance Act”. Except as otherwise expressly provided the provisions in titles I to IV, inclusive, shall not apply with respect to this subchapter, and the term “Act” wherever it appears in such titles shall not be construed to include this subchapter.

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

7 U.S.C. § 9001 — Implementation

**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title. **(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall— (1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that— (A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary— (i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and (ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture; (B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login; (C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of

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7 U.S.C. § 1501 — Short title and application of other provi-

Page 796 TITLE 7—AGRICULTURE § 1501 SUBCHAPTER I—FEDERAL CROP INSURANCE § 1501. Short title and application of other provi- sions This subchapter may be cited as the ‘‘Federal Crop Insurance Act’’. Except as otherwise ex- pressly provided the provisions in titles I to IV, inclusive, shall not apply with respect to this subchapter, and the term ‘‘Act’’ wherever it ap- pears in such titles shall not be construed to in- clude this subchapter. (Feb. 16, 1938, ch. 30, title V, § 501, 52 Stat. 72; Pub. L. 110–234, title XII, § 12033(c), May 22, 2008, 122 Stat. 1405; Pub. L. 110–246, § 4(a), title XII, § 12033(c), June 18, 2008, 122 Stat. 1664, 2167.) Editorial Notes REFERENCES IN TEXT ‘‘Titles I to IV, inclusive,’’ and ‘‘such titles’’, referred to in text, are references to titles I to IV of act Feb. 16, 1938, ch. 30, 52 Stat. 31, known as the Agricultural Ad- justment Act of 1938, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables. 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. AMENDMENTS 2008—Pub. L. 110–246, § 12033(c), inserted section catch- line and substituted ‘‘subchapter’’ for ‘‘chapter’’ wher- ever appearing in text. Statutory Notes and Related Subsidiaries 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 this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–224, title I, §

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1501

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

7 U.S.C. § 9037 — Special marketing loan provisions for up-

Page 2278 TITLE 7—AGRICULTURE § 9037 (III) in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an ap- propriate yield established by the Sec- retary in a manner consistent with section 9013(c) of this title. (2) Grazing of triticale acreage The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate de- termined under section 9035(c) of this title in effect for wheat, as of the date of the agree- ment, for the county in which the farm is lo- cated; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the pro- ducer elects to forgo harvesting of triticale; and (ii)(I) the payment yield in effect for the calculation of price loss coverage under subchapter I with respect to wheat on the farm; (II) in the case of a farm for which agri- culture risk coverage is elected under sec- tion 9016(a) of this title, the payment yield that would otherwise be in effect for wheat on the farm in the absence of such elec- tion; or (III) in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield es- tablished by the Secretary in a manner consistent with section 9013(c) of this title. (c) Time, manner, and availability of payment (1) Time and manner A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under sec- tion 9035 of this title. (2) Availability (A) In general The Secretary shall establish an avail- ability period for the payments authorized by this section

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9037

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