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7 U.S.C. § 8718 — Producer agreement required as condition of provision of payments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance with certain requirements**
(1) **Requirements** — Before the producers on a farm may receive direct payments, counter-cyclical payments, or average crop revenue election payments with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments—
(A) to 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.);
(B) to comply with 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.);
(C) to comply with the planting flexibility requirements of [section 8717 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8717&num=0&edition=prelim);
(D) to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for peanuts for the farm under subchapter III, for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and
(E) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (D).
(2) **Compliance** — The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1).
(3) **Modific
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Source file: Laws/federal/codes/united-states-code/title-7/section-8718-producer-agreement-required-as-condition-of-provision-of-payments--b796fa1845.md
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Source location: Title 7, Chapter 113, § 8718; chapter-113-agricultural-commodity-support-programs.md
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**(a) Compliance with certain requirements**
(1) **Requirements** — Before the producers on a farm may receive direct payments, counter-cyclical payments, or average crop revenue election payments with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments—
(A) to 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.);
(B) to comply with 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.);
(C) to comply with the planting flexibility requirements of [section 8717 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8717&num=0&edition=prelim);
(D) to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for peanuts for the farm under subchapter III, for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and
(E) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (D).
(2) **Compliance** — The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1).
(3) **Modification** — At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary.
**(b) Transfer or change of interest in farm**
(1) **Termination**
(A) *In general* — Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm in base acres for which direct payments or counter-cyclical payments are made, or on which average crop revenue election payments are based, shall result in the termination of the direct payments, counter-cyclical payments, or average crop revenue election payments to the extent the payments are made or based on the base acres, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a).
(B) *Effective date* — The termination shall take effect on the date determined by the Secretary.
(2) **Exception** — If a producer entitled to a direct payment, counter-cyclical payment, or average crop revenue election payment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary.
**(c) Reports**
(1) **Acreage reports** — As a condition on the receipt of any benefits under this subchapter or subchapter II, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm.
(2) **Production reports** — As a condition on the receipt of any benefits under this subchapter or subchapter II, the Secretary shall require producers on a farm that receive payments under section 8715 11 See References in Text note below. of this title to submit to the Secretary annual production reports with respect to all covered commodities and peanuts produced on the farm.
(3) **Penalties** — No penalty with respect to benefits under this subchapter or subchapter II shall be assessed against the producers on a farm for an inaccurate acreage or production report unless the producers on the farm knowingly and willfully falsified the acreage or production report.
**(d) Tenants and sharecroppers** In carrying out this subchapter, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.
**(e) Sharing of payments** The Secretary shall provide for the sharing of direct payments, counter-cyclical payments, or average crop revenue election payments among the producers on a farm on a fair and equitable basis.
**(f) Extension of 2008 signup**
(1) **In general** — Notwithstanding any other provision of law, the Secretary shall extend the 2008 crop year deadline for the signup for benefits under this subchapter by producers on a farm with base acres of 10 acres or less until the later of—
(A) November 14, 2008; or
(B) the end of the 45-day period beginning on October 13, 2008.
(2) **Penalties** — The Secretary shall ensure that no penalty with respect to benefits under this subchapter or subchapter II is assessed against producers on a farm described in paragraph (1) for failure to submit reports under this section or timely comply with other program requirements as a result of compliance with the extended signup deadline under that paragraph.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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) 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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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 110–234, title I, § 1105, May 22, 2008, 122 Stat. 945; Pub. L. 110–246, § 4(a), title I, § 1105, June 18, 2008, 122 Stat. 1664, 1673, related to the average crop revenue election program available during each of the 2009, 2010, 2011, and 2012 crop years.
#### Continued Application for 2013 Crop Year
Pub. L. 113–79, title I, § 1103(b), Feb. 7, 2014, 128 Stat. 658, provided that: “Section 1105 of the Food, Conservation, and Energy Act of 2008 ([7 U.S.C. 8715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8715&num=0&edition=prelim)), 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 for which the irrevocable election under section 1105 of that Act was made before the date of enactment of this Act.”
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Federal law — U.S. Code and appendices · legal_authorities
**(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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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.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3811
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3821
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Federal law — U.S. Code and appendices · legal_authorities
Page 2227
TITLE 7—AGRICULTURE
§ 8719
1 See References in Text note below.
section to determine the effects of the pilot
project on the supply and price of—
(i) fresh fruits and vegetables; and
(ii) fruits and vegetables for processing.
(B) Determination
An evaluation under subparagraph (A)
shall include a determination as to wheth-
er—
(i) producers of fresh fruits and vegeta-
bles are being negatively impacted; and
(ii) existing production capacities are
being supplanted.
(C) Report
As soon as practicable after conducting an
evaluation under subparagraph (A), the Sec-
retary shall submit to the Committee on Ag-
riculture of the House of Representatives
and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report
that describes the results of the evaluation.
(Pub. L. 110–234, title I, § 1107, May 22, 2008, 122
Stat. 950; Pub. L. 110–246, § 4(a), title I, § 1107,
June 18, 2008, 122 Stat. 1664, 1679.)
Editorial Notes
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.
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.
§ 8718. Special rule for long grain and medium
grain rice
(a) Calculation method
Subject to subsections (b) and (c), for the pur-
poses 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 1 of this title, the base acres of
rice on the farm shall be apportioned using the
4-year avera
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8718
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