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7 U.S.C. § 8771 — Marketing assistance loans and loan deficiency payments for peanuts
Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonrecourse loans available**
(1) **Availability** — For each of the 2008 through 2012 crops of peanuts, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for peanuts produced on the farm.
(2) **Terms and conditions** — The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under subsection (b).
(3) **Eligible production** — The producers on a farm shall be eligible for a marketing assistance loan under this subsection for any quantity of peanuts produced on the farm.
(4) **Options for obtaining loan** — A marketing assistance loan under this subsection, and loan deficiency payments under subsection (e), may be obtained at the option of the producers on a farm through—
(A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or
(B) the Farm Service Agency.
(5) **Storage of loan peanuts** — As a condition on the Secretary’s approval of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree—
(A) to provide such storage on a nondiscriminatory basis; and
(B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section.
(6) **Storage, handling, and associated costs**
(A) *In general* — Beginning with the 2008 crop of peanuts, to ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed un
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**(a) Nonrecourse loans available**
(1) **Availability** — For each of the 2008 through 2012 crops of peanuts, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for peanuts produced on the farm.
(2) **Terms and conditions** — The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under subsection (b).
(3) **Eligible production** — The producers on a farm shall be eligible for a marketing assistance loan under this subsection for any quantity of peanuts produced on the farm.
(4) **Options for obtaining loan** — A marketing assistance loan under this subsection, and loan deficiency payments under subsection (e), may be obtained at the option of the producers on a farm through—
(A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or
(B) the Farm Service Agency.
(5) **Storage of loan peanuts** — As a condition on the Secretary’s approval of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree—
(A) to provide such storage on a nondiscriminatory basis; and
(B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section.
(6) **Storage, handling, and associated costs**
(A) *In general* — Beginning with the 2008 crop of peanuts, to ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary.
(B) *Redemption and forfeiture* — The Secretary shall—
(i) require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and
(ii) pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section.
(7) **Marketing** — A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality.
**(b) Loan rate** Except as provided in section 8715 11 See References in Text note below. of this title, the loan rate for a marketing assistance loan for peanuts under subsection (a) shall be equal to $355 per ton.
**(c) Term of loan**
(1) **In general** — A marketing assistance loan for peanuts under subsection (a) shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made.
(2) **Extensions prohibited** — The Secretary may not extend the term of a marketing assistance loan for peanuts under subsection (a).
**(d) Repayment rate**
(1) **In general** — The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under subsection (a) at a rate that is the lesser of—
(A) the loan rate established for peanuts under subsection (b), 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)); or
(B) a rate that the Secretary determines will—
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of stocks of peanuts by the Federal Government;
(iii) minimize the cost incurred by the Federal Government in storing peanuts; and
(iv) allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally.
(2) **Authority to temporarily adjust repayment rates**
(A) *Adjustment authority* — In the event of a severe disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise applicable under this subsection for marketing assistance loans for peanuts under subsection (a).
(B) *Duration* — An adjustment made under subparagraph (A) in the repayment rate for marketing assistance loans for peanuts shall be in effect on a short-term and temporary basis, as determined by the Secretary.
**(e) Loan deficiency payments**
(1) **Availability** — The Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan for peanuts under subsection (a), agree to forgo obtaining the loan for the peanuts in return for loan deficiency payments under this subsection.
(2) **Computation** — A loan deficiency payment under this subsection shall be computed by multiplying—
(A) the payment rate determined under paragraph (3) for peanuts; by
(B) the quantity of the peanuts produced by the producers, excluding any quantity for which the producers obtain a marketing assistance loan under subsection (a).
(3) **Payment rate** — For purposes of this subsection, the payment rate shall be the amount by which—
(A) the loan rate established under subsection (b); exceeds
(B) the rate at which a loan may be repaid under subsection (d).
(4) **Effective date for payment rate determination** — The Secretary shall determine the amount of the loan deficiency payment to be made under this subsection to the producers on a farm with respect to a quantity of peanuts using the payment rate in effect under paragraph (3) as of the date the producers request the payment.
**(f) Compliance with conservation and wetlands requirements** As a condition of the receipt of a marketing assistance loan under subsection (a), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ([16 U.S.C. 3811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3811&num=0&edition=prelim) et seq.) and applicable wetland protection requirements under subtitle C of title XII of that Act ([16 U.S.C. 3821](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3821&num=0&edition=prelim) et seq.) during the term of the loan.
**(g) Reimbursable agreements and payment of administrative expenses** The Secretary may implement any reimbursable agreements or provide for the payment of administrative expenses under this subchapter only in a manner that is consistent with such activities in regard to other commodities.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Production on converted wetland** Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be—
(1) in violation of this section; and
(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation.
**(b) Ineligibility for certain loans and payments** If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible:
(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act.
(2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subchapter) to produce an agricultural commodity.
(3) During the crop year:
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3821
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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
**(a) In general** Except as provided in [section 3812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3812&num=0&edition=prelim), and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity, as determined by the Secretary shall be ineligible for—
(1) as to any commodity produced during that crop year by such person—
(A) contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act;
(B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act ([15 U.S.C. 714b(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714b/h&num=0&edition=prelim));
(C) a disaster payment;
(D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respective funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in carrying out any of the provisions of this chapter and chapter 3B of title 16.
**(b)** In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year ending June 30, 1942, for administrative expenses in the District of Columbia, including regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for carrying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or oth
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 110–234, title I, § 1103, May 22, 2008, 122 Stat. 941; Pub. L. 110–246, § 4(a), title I, § 1103, June 18, 2008, 122 Stat. 1664, 1669, related to availability of direct payments for 2008 through 2012 crop years.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8715
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of law, the monthly Commodity Credit Corporation interest rate applicable to loans provided for agricultural commodities by the Corporation shall be 100 basis points greater than the rate determined under the applicable interest rate formula in effect on October 1, 1995.
**(b) Sugar** For purposes of this section, raw cane sugar, refined beet sugar, and in-process sugar eligible for a loan under [section 7272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7272&num=0&edition=prelim) shall not be considered an agricultural commodity.
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Federal law — U.S. Code and appendices · legal_authorities
In this Act, the term “Secretary” means the Secretary of Agriculture.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2343
TITLE 16—CONSERVATION
§ 3811
1 See Change of Name note below.
of Pub. L. 110–246, set out as a note under section 8701
of Title 7, Agriculture.]
REFORM AND ASSESSMENT OF CONSERVATION PROGRAMS
Pub. L. 107–171, title II, § 2005, May 13, 2002, 116 Stat.
237, required the Secretary of Agriculture to develop a
plan to coordinate land retirement and agricultural
working land conservation programs that are adminis-
tered by the Secretary to achieve the goals of elimi-
nating redundancy, streamlining program delivery, and
improving services provided to agricultural producers
and to submit to Congress a report on this plan by Dec.
31, 2005.
CONSERVATION CORRIDOR DEMONSTRATION PROGRAM
Pub. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat.
1215, which authorized the Secretary of the Army to
provide technical assistance to the Secretary of Agri-
culture for use in carrying out the Conservation Cor-
ridor Demonstration Program established under sub-
title G of title II of Pub. L. 107–171, formerly set out
below, was repealed by Pub. L. 115–334, title II, § 2811(b),
Dec. 20, 2018, 132 Stat. 4602.
Pub. L. 107–171, title II, subtitle G, May 13, 2002, 116
Stat. 275, which related to a Conservation Corridor
Demonstration Program to integrate agriculture and
forestry conservation programs of the Department of
Agriculture with State and local efforts to address
farm conservation needs on the Delmarva Peninsula,
was repealed by Pub. L. 115–334, title II, § 2811(a), Dec.
20, 2018, 132 Stat. 4602.
CRANBERRY ACREAGE RESERVE PROGRAM
Pub. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat.
515, which authorized the Secretary of Agriculture to
establish a program to purchase permanent easements
in wetlands or buffer strips that were used or had a his-
t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3811
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Federal law — U.S. Code and appendices · legal_authorities
Page 2349
TITLE 16—CONSERVATION
§ 3821
1 See Change of Name note below.
AMENDMENTS
2014—Subsec. (d)(4). Pub. L. 113–79 added par. (4).
§ 3813. Soil surveys
The Secretary shall, as soon as is practicable
after December 23, 1985, complete soil surveys on
those private lands that do not have a soil sur-
vey suitable for use in determining the land ca-
pability class for purposes of this subchapter. In
carrying out this section, the Secretary shall,
insofar as possible, concentrate on those local-
ities where significant amounts of highly erod-
ible land are being converted to the production
of agricultural commodities.
(Pub. L. 99–198, title XII, § 1214, formerly § 1213,
Dec. 23, 1985, 99 Stat. 1507; renumbered § 1214,
Pub. L. 104–127, title III, § 315(a)(1), Apr. 4, 1996,
110 Stat. 983.)
§ 3814. Notice and investigation of possible com-
pliance deficiencies
(a) In general
An employee of the Department of Agriculture
who observes a possible compliance deficiency
or other potential violation of a conservation
plan or this subchapter while providing on-site
technical assistance shall provide to the respon-
sible persons, not later than 45 days after ob-
serving the possible violation, information re-
garding actions needed to comply with the plan
and this subchapter. The employee shall provide
the information in lieu of reporting the observa-
tion as a compliance violation.
(b) Corrective action
The responsible persons shall attempt to cor-
rect the deficiencies as soon as practicable after
receiving the information.
(c) Review
If the corrective action is not fully imple-
mented not later than 1 year after the respon-
sible persons receive the information, the Sec-
retary may conduct a review of the status of
compliance of the persons with the con
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3821
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Federal law — U.S. Code and appendices · legal_authorities
Page 2242
TITLE 7—AGRICULTURE
§ 8758
ducer shall comply with applicable conservation
requirements under subtitle B of title XII of the
Food Security Act of 1985 (16 U.S.C. 3811 et seq.)
and applicable wetland protection requirements
under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(g) Reimbursable agreements and payment of ad-
ministrative expenses
The Secretary may implement any reimburs-
able agreements or provide for the payment of
administrative expenses under this subchapter
only in a manner that is consistent with such
activities in regard to other commodities.
(Pub. L. 110–234, title I, § 1307, May 22, 2008, 122
Stat. 974; Pub. L. 110–246, § 4(a), title I, § 1307,
June 18, 2008, 122 Stat. 1664, 1703.)
Editorial Notes
REFERENCES IN TEXT
Section 8715 of this title, referred to in subsec. (b),
was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7,
2014, 128 Stat. 658.
The Food Security Act of 1985, referred to in subsec.
(f), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Sub-
titles B and C of title XII of the Act are classified gen-
erally to subchapters II (§ 3811 et seq.) and III (§ 3821 et
seq.), respectively, of chapter 58 of Title 16, Conserva-
tion. For complete classification of this Act to the
Code, see Short Title of 1985 Amendment note set out
under section 1281 of this title and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 enacted identical
sections. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment 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 a note
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