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7 U.S.C. § 8714 — Payment yields
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and purpose** For the purpose of making direct payments and counter-cyclical payments under this subchapter, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&num=0&edition=prelim) in accordance with this section.
**(b) Payment yields for designated oilseeds and eligible pulse crops**
(1) **Determination of average yield** — In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero.
(2) **Adjustment for payment yield**
(A) *In general* — The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following:
(i) The average yield for the designated oilseed or pulse crop determined under paragraph (1).
(ii) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops.
(B) *No national average yield information available* — To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
(3) **Use of partial county average yield
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Source location: Title 7, Chapter 113, § 8714; chapter-113-agricultural-commodity-support-programs.md
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**(a) Establishment and purpose** For the purpose of making direct payments and counter-cyclical payments under this subchapter, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&num=0&edition=prelim) in accordance with this section.
**(b) Payment yields for designated oilseeds and eligible pulse crops**
(1) **Determination of average yield** — In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero.
(2) **Adjustment for payment yield**
(A) *In general* — The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following:
(i) The average yield for the designated oilseed or pulse crop determined under paragraph (1).
(ii) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops.
(B) *No national average yield information available* — To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
(3) **Use of partial county average yield** — If the yield per planted acre for a crop of a designated oilseed or pulse crop for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed or pulse crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1).
(4) **No historic yield data available** — In the case of establishing yields for designated oilseeds and eligible pulse crops, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under paragraph (2)(A)(ii) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary.
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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
**(a) Definitions** In this section:
(1) **Actual production history yield** — The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated 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 the noninsured crop disaster assistance program, respectively.
(2) **Actual production on the farm** — The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
(3) **Adjusted actual production history yield** — The term “adjusted actual production history yield” means—
(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 508(g)(4)(B) of the Federal Crop Insurance Act ([7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)), the actual production history for the eligible producer without regard to any yields established under that section;
(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [[7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)], the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of tha
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Actual production history yield** — The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under subchapter I or the noninsured crop disaster assistance program, respectively.
(2) **Actual production on the farm** — The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
(3) **Adjusted actual production history yield** — The term “adjusted actual production history yield” means—
(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim), the actual production history for the eligible producer without regard to any yields established under that section;
(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim), the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim); and
(C) in all other cases, the actual production history of the eligible producer on a f
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (other than subchapter III):
(1) **Average crop revenue election payment** — The term “average crop revenue election payment” means a payment made to producers on a farm under section 8715 11 See References in Text note below. of this title.
(2) **Base acres**
(A) *In general* — The term “base acres”, with respect to a covered commodity on a farm, means the number of acres established under [section 7911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911&num=0&edition=prelim) as in effect on September 30, 2007, subject to any adjustment under [section 8711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8711&num=0&edition=prelim).
(B) *Peanuts* — The term “base acres for peanuts” has the meaning given the term in [section 8751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8751&num=0&edition=prelim).
(3) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under section 8714 1 of this title.
(4) **Covered commodity** — The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, long grain rice, medium grain rice, pulse crops, soybeans, and other oilseeds.
(5) **Direct payment** — The term “direct payment” means a payment made to producers on a farm under section 8713 1 of this title.
(6) **Effective price** — The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 8714 1 of this title to determine whether counter-cyclical payments are required to be made for that crop year.
(7) **Extra long staple cotton** — The term “extra long staple cotton” m
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8712
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 110–234, title I, § 1104, May 22, 2008, 122 Stat. 942; Pub. L. 110–246, § 4(a), title I, § 1104, June 18, 2008, 122 Stat. 1664, 1671, related to availability of counter-cyclical payments for 2008 through 2012 crop years.
#### Continued Application for 2013 Crop Year
Pub. L. 113–79, title I, § 1102(b), Feb. 7, 2014, 128 Stat. 658, provided that: “Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 ([7 U.S.C. 8714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8714&num=0&edition=prelim), 8754), as in effect on the day before the date of enactment of this Act [Feb. 7, 2014], shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ([7 U.S.C. 8702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8702&num=0&edition=prelim))) and peanuts on a farm.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8716
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Calculation method** Subject to subsections (b) and (c), for the purposes of determining the amount of the counter-cyclical payments to be paid to the producers on a farm for long grain rice and medium grain rice under section 8714 11 See References in Text note below. of this title, the base acres of rice on the farm shall be apportioned using the 4-year average of the percentages of acreage planted in the applicable State to long grain rice and medium grain rice during the 2003 through 2006 crop years, as determined by the Secretary.
**(b) Producer election** As an alternative to the calculation method described in subsection (a), the Secretary shall provide producers on a farm the opportunity to elect to apportion rice base acres on the farm using the 4-year average of—
(1) the percentages of acreage planted on the farm to long grain rice and medium grain rice during the 2003 through 2006 crop years;
(2) the percentages of any acreage on the farm that the producers were prevented from planting to long grain rice and medium grain rice during the 2003 through 2006 crop years because of drought, flood, other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; and
(3) in the case of a crop year for which a producer on a farm elected not to plant to long grain and medium grain rice during the 2003 through 2006 crop years, the percentages of acreage planted in the applicable State to long grain rice and medium grain rice, as determined by the Secretary.
**(c) Limitation** In carrying out this section, the Secretary shall use the same total base acres, payment acres, and payment yields established with respect to rice under sections 7911 and 7912 of this title, as in effect on September 30, 2007, subject to an
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8731
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 110–234, title I, § 1304, May 22, 2008, 122 Stat. 971; Pub. L. 110–246, § 4(a), title I, § 1304, June 18, 2008, 122 Stat. 1664, 1699, related to availability of counter-cyclical payments for peanuts for 2008 through 2012 crop years.
#### Continued Application for 2013 Crop Year
For continued application of this section, as in effect on the day before Feb. 7, 2014, through the 2013 crop year, see section 1102(b) of Pub. L. 113–79, set out as a note under [section 8714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8714&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8756
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Federal law — U.S. Code and appendices · legal_authorities
Page 2224
TITLE 7—AGRICULTURE
§ 8712
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.
§ 8712. Payment yields
(a) Establishment and purpose
For the purpose of making direct payments
and counter-cyclical payments under this sub-
chapter, the Secretary shall provide for the es-
tablishment of a yield for each farm for any des-
ignated oilseed or eligible pulse crop for which a
payment yield was not established under section
7912 of this title in accordance with this section.
(b) Payment yields for designated oilseeds and
eligible pulse crops
(1) Determination of average yield
In the case of designated oilseeds and eligi-
ble pulse crops, the Secretary shall determine
the average yield per planted acre for the des-
ignated oilseed or pulse crop on a farm for the
1998 through 2001 crop years, excluding any
crop year in which the acreage planted to the
designated oilseed or pulse crop was zero.
(2) Adjustment for payment yield
(A) In general
The payment yield for a farm for a des-
ignated oilseed or eligible pulse crop shall be
equal to the product of the following:
(i) The average yield for the designated
oilseed or pulse crop determined under
paragraph (1).
(ii) The ratio resulting from dividing the
national average yield for the designated
oilseed or pulse crop for the 1981 through
1985 crops by the national average yield for
the designated oilseed or pulse crop for the
1998 through 2001 crops.
(B) No national average yield information
available
To the extent that national average yield
information for a designated oilseed or pulse
crop is not available, the Secretary shall use
such information as the Secretary deter-
mines to be fair and equitable to establish a
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8714
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