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7 U.S.C. § 8712 — Definitions
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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Source file: Laws/federal/codes/united-states-code/title-7/section-8712-definitions--5fdabd8302.md
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Source location: Title 7, Chapter 113, § 8712; chapter-113-agricultural-commodity-support-programs.md
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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” means cotton that—
(A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, 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, long grain rice, medium grain rice, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.
(9) **Medium grain rice** — The term “medium grain rice” includes short grain rice.
(10) **Other oilseed** — The term “other oilseed” means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary.
(11) **Payment acres** — The term “payment acres” means, in the case of direct payments and counter-cyclical payments—
(A) except as provided in subparagraph (B), 85 percent of the base acres of a covered commodity on a farm on which direct payments or counter-cyclical payments are made; and
(B) in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 percent of the base acres for the covered commodity on a farm on which direct payments are made.
(12) **Payment yield** — The term “payment yield” means the yield established for direct payments and the yield established for counter-cyclical payments under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&num=0&edition=prelim) as in effect on September 30, 2007, or under [section 8712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8712&num=0&edition=prelim), for a farm for a covered commodity.
(13) **Producer**
(A) *In general* — 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.
(B) *Hybrid seed* — In determining whether a grower of hybrid seed is a producer, the Secretary shall—
(i) not take into consideration the existence of a hybrid seed contract; and
(ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter.
(14) **Pulse crop** — The term “pulse crop” means dry peas, lentils, small chickpeas, and large chickpeas.
(15) **State** — The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(16) **Target price** — The term “target price” means the price per bushel, pound, or hundredweight (or other appropriate unit) of a covered commodity used to determine the payment rate for counter-cyclical payments.
(17) **United States** — The term “United States”, when used in a geographical sense, means all of the States.
(18) **United States Premium Factor** — The term “United States Premium Factor” means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 1⅛-inch upland cotton and for Middling (M) 13⁄32-inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) High moisture feed grains**
(1) **Definition of high moisture state** — In this subsection, the term “high moisture state” means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under [section 8731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8731&num=0&edition=prelim).
(2) **Recourse loans available** — For each of the 2008 through 2012 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 applica
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8751
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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 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8714
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7911
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adjustment of base acres**
(1) **In general** — The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occurs:
(A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ([16 U.S.C. 3831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3831&num=0&edition=prelim)) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.
(B) Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.
(C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim).
(D) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim).
(2) **Special conservation reserve acreage payment rules** — For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive either direct payments and counter-cyclical payments with respect to the acreage added to the farm under this subsection or
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8713
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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
### 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
In this Act, the term “Secretary” means the Secretary of Agriculture.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8711
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2497b
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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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