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7 U.S.C. § 7958 — Marketing assistance loans and loan deficiency payments for peanuts

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7 U.S.C. § 7958 — Marketing assistance loans and loan deficiency payments for peanuts

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**(a) Nonrecourse loans available** (1) **Availability** — For each of the 2002 through 2007 crops of peanuts, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for peanuts produced on the farm. The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under subsection (b). (2) **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. (3) **Treatment of certain commingled commodities** — In carrying out this subsection, the Secretary shall make loans to producers on a farm that would be eligible to obtain a marketing assistance loan, but for the fact the peanuts owned by the producers on the farm are commingled with other peanuts in facilities unlicensed for the storage of agricultural commodities by the Secretary or a State licensing authority, if the producers obtaining the loan agree to immediately redeem the loan collateral in accordance with [section 7286 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7286&num=0&edition=prelim). (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) **Payment of peanut storage costs** — Effective for the 2002 through 2006 crops of peanuts, to ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall use the funds of the Commodity Credit Corporation to pay storage, handling, and other associated costs. This authority terminates beginning with the 2007 crop of peanuts. (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** The loan rate for a marketing assistance loan under for peanuts 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) **Good faith exception to beneficial interest requirement** — For the 2002 crop year only, in the case of the producers on a farm that marketed or otherwise lost beneficial interest in the peanuts for which a marketing assistance loan was made under this section before repaying the loan, the Secretary shall permit the producers to repay the loan at the applicable repayment rate that was in effect for peanuts under this subsection on the date that the producers lost beneficial interest, as determined by the Secretary, if the Secretary determines the producers acted in good faith. **(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** (A) *In general* — 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. (B) *Special rule for 2002 crop year* — For the 2002 crop year only, 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 earlier of the following: (i) The date on which the producers marketed or otherwise lost beneficial interest in the crop, as determined by the Secretary. (ii) 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

16 U.S.C. § 3821 — Program ineligibility

**(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:

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

7 U.S.C. § 7951 — Availability of recourse loans for high moisture feed grains and seed cotton

**(a) High moisture feed grains** (1) **Recourse loans available** — For each of the 2002 through 2007 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that— (A) normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state; (B) present— (i) certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or (ii) field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; (C) certify that they were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and (D) comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary. (2) **Eligibility of acquired feed grains** — A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying— (A) the acreage of the corn or grain sorghum in a high moisture state harvested on

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

7 U.S.C. § 7286 — Commodity certificates

**(a) In general** In making in-kind payments under subchapter III of this chapter, title I of the Farm Security and Rural Investment Act of 2002 [[7 U.S.C. 7901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7901&num=0&edition=prelim) et seq.], title I of the Food, Conservation, and Energy Act of 2008 [[7 U.S.C. 8701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim) et seq.], and Subtitle 11 So in original. Probably should not be capitalized. B of title I of the Agricultural Act of 2014 [[7 U.S.C. 9031](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim) et seq.], the Commodity Credit Corporation may— (1) acquire and use commodities that have been pledged to the Commodity Credit Corporation as collateral for loans made by the Corporation; (2) use other commodities owned by the Commodity Credit Corporation; and (3) redeem negotiable marketing certificates for cash under terms and conditions established by the Secretary. **(b) Methods of payment** The Commodity Credit Corporation may make in-kind payments— (1) by delivery of the commodity at a warehouse or other similar facility; (2) by the transfer of negotiable warehouse receipts; (3) by the issuance of negotiable certificates, which the Commodity Credit Corporation shall exchange for a commodity owned or controlled by the Corporation in accordance with regulations promulgated by the Corporation; or (4) by such other methods as the Commodity Credit Corporation determines appropriate to promote the efficient, equitable, and expeditious receipt of the in-kind payments so that a person receiving the payments receives the same total return as if the payments had been made in cash. **(

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16 U.S.C. § 3811 — Program ineligibility

**(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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7 U.S.C. § 1281 — Administrative expenses; posting names and compensation of local employees

**(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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7 U.S.C. § 7283 — Commodity Credit Corporation interest rate

**(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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16 U.S.C. § 3811 — Program ineligibility

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

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

16 U.S.C. § 3821 — Program ineligibility

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

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

7 U.S.C. § 7958 — Miscellaneous provisions

Page 2141 TITLE 7—AGRICULTURE § 7958 (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 as- sistance 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 sub- section (b); exceeds (B) the rate at which a loan may be repaid under subsection (d). (4) Effective date for payment rate determina- tion (A) In general 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 para- graph (3) as of the date the producers request the payment. (B) Special rule for 2002 crop year For the 2002 crop year only, the Secretary shall determine the amount of the loan defi- ciency payment to be made under this sub- section to the producers on a farm with re- spect to a quantity of peanuts using the pay- ment rate in effect under paragraph (3) as of the earlier of the following: (i) The date on which the producers mar- keted or otherwise lost beneficial interest in the crop, as determined by the Sec- retary. (ii) 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 pro- 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.) dur

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