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7 U.S.C. § 7911 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter (other than subchapter III):
(1) **Agricultural Act of 1949** — The term “Agricultural Act of 1949” means the Agricultural Act of 1949 ([7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.), as in effect prior to the suspensions under [section 7301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301&num=0&edition=prelim).
(2) **Base acres** — 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) with respect to the covered commodity on the election made by the owner of the farm under subsection (a) of such section.
(3) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under [section 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7914&num=0&edition=prelim).
(4) **Covered commodity** — The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, rice, soybeans, and other oilseeds.
(5) **Direct payment** — The term “direct payment” means a payment made to producers on a farm under [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7913&num=0&edition=prelim).
(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 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7914&num=0&edition=prelim) to determine whether
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Source location: Title 7, Chapter 106, § 7911; chapter-106-commodity-programs.md
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In this chapter (other than subchapter III):
(1) **Agricultural Act of 1949** — The term “Agricultural Act of 1949” means the Agricultural Act of 1949 ([7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.), as in effect prior to the suspensions under [section 7301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301&num=0&edition=prelim).
(2) **Base acres** — 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) with respect to the covered commodity on the election made by the owner of the farm under subsection (a) of such section.
(3) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under [section 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7914&num=0&edition=prelim).
(4) **Covered commodity** — The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, rice, soybeans, and other oilseeds.
(5) **Direct payment** — The term “direct payment” means a payment made to producers on a farm under [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7913&num=0&edition=prelim).
(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 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7914&num=0&edition=prelim) 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” means cotton that—
(A) is produced from pure strain varieties of the Barbadense species or any hybrid thereof, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and
(B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.
(8) **Loan commodity** — The term “loan commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, rice, soybeans, other oilseeds, wool, mohair, honey, dry peas, lentils, and small chickpeas.
(9) **Other oilseed** — The term “other oilseed” means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or, if designated by the Secretary, another oilseed.
(10) **Payment acres** — The term “payment acres” means 85 percent of the base acres of a covered commodity on a farm, as established under [section 7911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911&num=0&edition=prelim), on which direct payments and counter-cyclical payments are made.
(11) **Payment yield**
(A) *In general* — The term “payment yield” means the yield established under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&num=0&edition=prelim) for a farm for a covered commodity.
(B) *Updated payment yield* — The term “updated payment yield” means the payment yield elected by the owner of a farm under [section 7912(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912/e&num=0&edition=prelim) to be used in calculating the counter-cyclical payments for the farm.
(12) **Producer** — The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract and shall ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter.
(13) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
(14) **State** — The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(15) **Target price** — The term “target price” means the price per bushel (or other appropriate unit in the case of upland cotton, rice, and other oilseeds) of a covered commodity used to determine the payment rate for counter-cyclical payments.
(16) **United States** — The term “United States”, when used in a geographical sense, means all of the States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–198, title XII, § 1230A, as added Pub. L. 106–387, § 1(a) [title VII, § 755], Oct. 28, 2000, 114 Stat. 1549, 1549A–42, related to good faith reliance.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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 payment yield for each farm for each covered commodity in accordance with this section.
**(b) Use of farm program payment yield** Except as otherwise provided in this section, the payment yield for each of the 2002 through 2007 crops of a covered commodity for a farm shall be the farm program payment yield established for the 1995 crop of the covered commodity under [section 1465 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1465&num=0&edition=prelim), as adjusted by the Secretary to account for any additional yield payments made with respect to that crop under [section 1465(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1465/b/2&num=0&edition=prelim).
**(c) Farms without farm program payment yield** In the case of a farm for which a farm program payment yield is unavailable for a covered commodity (other than soybeans or other oilseeds), the Secretary shall establish an appropriate payment yield for the covered commodity on the farm taking into consideration the farm program payment yields applicable to the commodity under subsection (b) for similar farms, but before the yields for the similar farms are updated as provided in subsection (e).
**(d) Payment yields for oilseeds**
(1) **Determination of average yield** — In the case of soybeans and each other oilseed, the Secretary shall determine the average yield per planted acre for the oilseed on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the oilseed was zero.
(2) **Adjustment for paym
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Additional funds for administrative costs**
(1) **In general** — The Secretary of Agriculture, acting through the Farm Service Agency, may use not more than $55,000,000 of funds of the Commodity Credit Corporation to cover administrative costs associated with the implementation of title I and the amendments made by that title.
(2) **Availability** — The funds referred to in paragraph (1) shall remain available to the Secretary until expended.
(3) **Set-aside** — Of the amount specified in paragraph (1), the Secretary shall use not less than $5,000,000, but not more than $8,000,000, to carry out subsection (b).
**(b) Information management**
(1) **Development of system** — The Secretary of Agriculture shall develop a comprehensive information management system, using appropriate technologies, to be used in implementing the programs administered by the Federal Crop Insurance Corporation and the Farm Service Agency.
(2) **Elements** — The information management system developed under this subsection shall be designed to—
(A) improve access by agricultural producers to programs described in paragraph (1);
(B) improve and protect the integrity of the information collected;
(C) meet the needs of the agencies that require the data in the administration of their programs;
(D) improve the timeliness of the collection of the information;
(E) contribute to the elimination of duplication of information collection;
(F) lower the overall cost to the Department of Agriculture for information collection; and
(G) achieve such other goals as the Secretary considers appropriate.
(3) **Reconciliation of current information management** — The Secretary shall ensure that all current information of the Federal Crop Insurance Corporation and the Farm Service A
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment required** For each of the 2002 through 2007 crop years of each covered commodity, the Secretary shall make direct payments to producers on farms for which payment yields and base acres are established.
**(b) Payment rate** The payment rates used to make direct payments with respect to covered commodities for a crop year are as follows:
(1) Wheat, $0.52 per bushel.
(2) Corn, $0.28 per bushel.
(3) Grain sorghum, $0.35 per bushel.
(4) Barley, $0.24 per bushel.
(5) Oats, $0.024 per bushel.
(6) Upland cotton, $0.0667 per pound.
(7) Rice, $2.35 per hundredweight.
(8) Soybeans, $0.44 per bushel.
(9) Other oilseeds, $0.0080 per pound.
**(c) Payment amount** The amount of the direct payment to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
**(d) Time for payment**
(1) **In general** — The Secretary shall make direct payments—
(A) in the case of the 2002 crop year, as soon as practicable after May 13, 2002; and
(B) in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the covered commodity is harvested.
(2) **Advance payments** — At the option of the producers on a farm, up to 50 percent of the direct payment for a covered commodity for any of the 2003 through 2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year, shall be paid to the producers in advance. The producers shall select the month with
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**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
**(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
**(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible producers**
(1) **In general** — Effective for the 2002 through 2007 crop years, in the case of a producer that would be eligible for a loan deficiency payment under [section 7935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7935&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 2002 through 2007 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 7935(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7935/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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agricultural Adjustment Act of 1938**
(1) **Suspensions** — The following provisions of the Agricultural Adjustment Act of 1938 [[7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.] shall not be applicable to the 1996 through 2001 crops of loan commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on April 4, 1996, and ending on December 31, 2002:
(A) Parts II through V of subtitle B of title III ([7 U.S.C. 1326–135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1326–135&num=0&edition=prelim)1) [[7 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1321&num=0&edition=prelim) et seq., 1331 et seq., 1341 et seq., 1351].
(B) Subsections (a) through (j) of section 358 ([7 U.S.C. 1358](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1358&num=0&edition=prelim)).11 See References in Text note below.
(C) Subsections (a) through (h) of section 358a ([7 U.S.C. 1358a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1358a&num=0&edition=prelim)).1
(D) Subsections (a), (b), (d), and (e) of section 358d ([7 U.S.C. 1359](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359&num=0&edition=prelim)).1
(E) Part VII of subtitle B of title III ([7 U.S.C. 1359aa–135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1359aa–135&num=0&edition=prelim)9jj).
(F) In the case of peanuts, part I of subtitle C of title III ([7 U.S.C. 1361–136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1361–136&num=0&edition=prelim)8).
(G) In the case of upland cotton, section
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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
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