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7 U.S.C. § 8738 — Payments in lieu of loan deficiency payments for grazed acreage
Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible producers**
(1) **In general** — Effective for the 2008 through 2012 crop years, in the case of a producer that would be eligible for a loan deficiency payment under [section 8735 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8735&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 the 2008 through 2012 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 8735(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8735/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) the payment yield in effect for the calculation of direct payment
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Source file: Laws/federal/codes/united-states-code/title-7/section-8738-payments-in-lieu-of-loan-deficiency-payments-for-grazed-acreage--b7f47cbf3f.md
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Source location: Title 7, Chapter 113, § 8738; chapter-113-agricultural-commodity-support-programs.md
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**(a) Eligible producers**
(1) **In general** — Effective for the 2008 through 2012 crop years, in the case of a producer that would be eligible for a loan deficiency payment under [section 8735 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8735&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 the 2008 through 2012 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 8735(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8735/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) the payment yield in effect for the calculation of direct payments under subchapter I with respect to that loan commodity on the farm or, in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary in a manner consistent with [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&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 8735(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8735/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) the payment yield in effect for the calculation of direct payments under subchapter I with respect to wheat on the farm or, in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&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 8735 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8735&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 2008 through 2012 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
**(a) Term of loan** In the case of each loan commodity, a marketing assistance loan under [section 8731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8731&num=0&edition=prelim) 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.
**(b) Extensions prohibited** The Secretary may not extend the term of a marketing assistance loan for any loan commodity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8735
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Election by owner of base acres calculation method**
(1) **Alternative calculation methods** — For the purpose of making direct payments and counter-cyclical payments with respect to a farm, the Secretary shall give an owner of the farm an opportunity to elect 1 of the following as the method by which the base acres of all covered commodities on the farm are to be determined:
(A) Subject to paragraphs (3) and (4), the 4-year average of the following:
(i) Acreage planted on the farm to covered commodities for harvest, grazing, haying, silage, or other similar purposes for the 1998 through 2001 crop years.
(ii) Any acreage on the farm that the producers were prevented from planting during the 1998 through 2001 crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary.
(B) Subject to paragraph (3), the sum of the following:
(i) The contract acreage (as defined in [section 7202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7202&num=0&edition=prelim)) used by the Secretary to calculate the fiscal year 2002 payment authorized under [section 7214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7214&num=0&edition=prelim) for the covered commodities on the farm.
(ii) The 4-year average of eligible oilseed acreage on the farm for the 1998 through 2001 crop years, as determined by the Secretary under paragraph (2).
(2) **Eligible oilseed acreage**
(A) *Calculation* — For purposes of paragraph (1)(B)(ii), the eligible acreage for each oilseed on a farm during each of the 1998 through 2001 crop years shall be determined in the manner provided in p
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7912
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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
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
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
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
Page 2234
TITLE 7—AGRICULTURE
§ 8738
quota during the 90-day period beginning on
the date the quota is established by the Sec-
retary.
(3) No overlap
Notwithstanding paragraph (2), a quota pe-
riod may not be established that overlaps an
existing quota period or a special quota period
established under subsection (a).
(Pub. L. 110–234, title I, § 1207, May 22, 2008, 122
Stat. 960; Pub. L. 110–246, § 4(a), title I, § 1207,
June 18, 2008, 122 Stat. 1664, 1689; Pub. L. 115–334,
title I, § 1203(a), Dec. 20, 2018, 132 Stat. 4510.)
Editorial Notes
REFERENCES IN TEXT
The date of enactment of this Act, referred to in sub-
sec. (a)(2)(A), is the date of enactment of Pub. L.
110–246, which was approved June 18, 2008.
The Harmonized Tariff Schedule, referred to in sub-
secs. (a)(6)(D) and (b)(2)(C)(iv), is not set out in the
Code. See Publication of Harmonized Tariff Schedule
note set out under section 1202 of Title 19, Customs Du-
ties.
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.
AMENDMENTS
2018—Subsec. (c). Pub. L. 115–334 struck out subsec.
(c) which related to economic adjustment assistance to
users of upland cotton.
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 under section 8701 of
this title.
§ 8738. Special competitive provisions for extra
long staple cotton
(a) Competitiveness program
Notwithstanding any other provision of law,
during the period beginning on the date of en-
actment of this Act through July 31, 2013, the
Secretary shall carry
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8738
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