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7 U.S.C. § 7286 — Commodity certificates
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In making in-kind payments under subchapter III of this chapter, title I of the Farm Security and Rural Investment Act of 2002 [[7 U.S.C. 7901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7901&num=0&edition=prelim) et seq.], title I of the Food, Conservation, and Energy Act of 2008 [[7 U.S.C. 8701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim) et seq.], and Subtitle 11 So in original. Probably should not be capitalized. B of title I of the Agricultural Act of 2014 [[7 U.S.C. 9031](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim) et seq.], the Commodity Credit Corporation may—
(1) acquire and use commodities that have been pledged to the Commodity Credit Corporation as collateral for loans made by the Corporation;
(2) use other commodities owned by the Commodity Credit Corporation; and
(3) redeem negotiable marketing certificates for cash under terms and conditions established by the Secretary.
**(b) Methods of payment** The Commodity Credit Corporation may make in-kind payments—
(1) by delivery of the commodity at a warehouse or other similar facility;
(2) by the transfer of negotiable warehouse receipts;
(3) by the issuance of negotiable certificates, which the Commodity Credit Corporation shall exchange for a commodity owned or controlled by the Corporation in accordance with regulations promulgated by the Corporation; or
(4) by such other methods as the Commodity Credit Corporation determines appropriate to promote the efficient, equitable, and expeditious receipt of the in-kind payments so that a person receiving the payments receives the same total return as if the payments had been made in cash.
**(
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**(a) In general** In making in-kind payments under subchapter III of this chapter, title I of the Farm Security and Rural Investment Act of 2002 [[7 U.S.C. 7901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7901&num=0&edition=prelim) et seq.], title I of the Food, Conservation, and Energy Act of 2008 [[7 U.S.C. 8701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim) et seq.], and Subtitle 11 So in original. Probably should not be capitalized. B of title I of the Agricultural Act of 2014 [[7 U.S.C. 9031](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim) et seq.], the Commodity Credit Corporation may—
(1) acquire and use commodities that have been pledged to the Commodity Credit Corporation as collateral for loans made by the Corporation;
(2) use other commodities owned by the Commodity Credit Corporation; and
(3) redeem negotiable marketing certificates for cash under terms and conditions established by the Secretary.
**(b) Methods of payment** The Commodity Credit Corporation may make in-kind payments—
(1) by delivery of the commodity at a warehouse or other similar facility;
(2) by the transfer of negotiable warehouse receipts;
(3) by the issuance of negotiable certificates, which the Commodity Credit Corporation shall exchange for a commodity owned or controlled by the Corporation in accordance with regulations promulgated by the Corporation; or
(4) by such other methods as the Commodity Credit Corporation determines appropriate to promote the efficient, equitable, and expeditious receipt of the in-kind payments so that a person receiving the payments receives the same total return as if the payments had been made in cash.
**(c) Administration**
(1) **Form** — At the option of a producer, the Commodity Credit Corporation shall make negotiable certificates authorized under subsection (b)(3) available to the producer, in the form of program payments or by sale, in a manner that the Corporation determines will encourage the orderly marketing of commodities pledged as collateral for loans made to producers under subchapter III of this chapter, title I of the Farm Security and Rural Investment Act of 2002 [[7 U.S.C. 7901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7901&num=0&edition=prelim) et seq.], title I of the Food, Conservation, and Energy Act of 2008 [[7 U.S.C. 8701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim) et seq.], and Subtitle 1 B of title I of the Agricultural Act of 2014 [[7 U.S.C. 9031](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim) et seq.].
(2) **Transfer** — A negotiable certificate issued in accordance with this subsection may be transferred to another person in accordance with regulations promulgated by the Secretary.
(3) **Application of authority** — Beginning with the 2015 crop marketing year, the Secretary shall carry out paragraph (1) under the same terms and conditions as were in effect for the 2008 crop year for loans made to producers under subtitle B [[7 U.S.C. 8731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8731&num=0&edition=prelim) et seq.] of title I of the Food, Conservation, and Energy Act of 2008 ([7 U.S.C. 8701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim) et seq.).
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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) 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
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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
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 113–79, title I, § 1119, Feb. 7, 2014, 128 Stat. 673, related to transition assistance for producers of upland cotton.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonrecourse loans available**
(1) **Availability** — For each of the 2002 through 2007 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm.
(2) **Terms and conditions** — The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under [section 7932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7932&num=0&edition=prelim) for the loan commodity.
**(b) Eligible production** The producers on a farm shall be eligible for a marketing assistance loan under subsection (a) for any quantity of a loan commodity produced on the farm.
**(c) Treatment of certain commingled commodities** In carrying out this subchapter, the Secretary shall make loans to producers on a farm that would be eligible to obtain a marketing assistance loan, but for the fact the loan commodity owned by the producers on the farm commingled with loan commodities of other producers in facilities unlicensed for the storage of agricultural commodities by the Secretary or a State licensing authority, if the producers obtaining the loan agree to immediately redeem the loan collateral in accordance with section 166 of the Federal Agriculture Improvement and Reform Act of 1996 ([7 U.S.C. 7286](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7286&num=0&edition=prelim)).
**(d) Compliance with conservation and wetlands requirements** As a condition of the receipt of a marketing assistance loan under subsection (a), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonrecourse loans available**
(1) **Availability** — For each of the 2002 through 2007 crops of peanuts, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for peanuts produced on the farm. The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under subsection (b).
(2) **Eligible production** — The producers on a farm shall be eligible for a marketing assistance loan under this subsection for any quantity of peanuts produced on the farm.
(3) **Treatment of certain commingled commodities** — In carrying out this subsection, the Secretary shall make loans to producers on a farm that would be eligible to obtain a marketing assistance loan, but for the fact the peanuts owned by the producers on the farm are commingled with other peanuts in facilities unlicensed for the storage of agricultural commodities by the Secretary or a State licensing authority, if the producers obtaining the loan agree to immediately redeem the loan collateral in accordance with [section 7286 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7286&num=0&edition=prelim).
(4) **Options for obtaining loan** — A marketing assistance loan under this subsection, and loan deficiency payments under subsection (e), may be obtained at the option of the producers on a farm through—
(A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or
(B) the Farm Service Agency.
(5) **Storage of loan peanuts** — As a condition on the Secretary’s approval of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity
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Federal law — U.S. Code and appendices · legal_authorities
Page 1992
TITLE 7—AGRICULTURE
§ 7285
1 So in original. Probably should not be capitalized.
classification of this Act to the Code, see Short Title
note set out under section 9001 of this title and Tables.
The Commodity Credit Corporation Charter Act, re-
ferred to in subsec. (c), is act June 29, 1948, ch. 704, 62
Stat. 1070, which is classified generally to subchapter II
(§ 714 et seq.) of chapter 15 of Title 15, Commerce and
Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 714 of
title 15 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
2014—Subsecs. (a), (b)(3), (c). Pub. L. 113–79 sub-
stituted ‘‘title I of the Food, Conservation, and Energy
Act of 2008, and title I of the Agricultural Act of 2014’’
for ‘‘and title I of the Food, Conservation, and Energy
Act of 2008’’.
2008—Subsecs. (a), (b)(3), (c). Pub. L. 110–246, § 1606,
substituted ‘‘title I of the Farm Security and Rural In-
vestment Act of 2002, and title I of the Food, Conserva-
tion, and Energy Act of 2008’’ for ‘‘and title I of the
Farm Security and Rural Investment Act of 2002’’.
2002—Subsecs. (a), (b)(3), (c). Pub. L. 107–171 sub-
stituted ‘‘this chapter and title I of the Farm Security
and Rural Investment Act of 2002’’ for ‘‘this chapter’’.
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.
§ 7285. Commodity Cred
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7286
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Federal law — U.S. Code and appendices · legal_authorities
Page 2119
TITLE 7—AGRICULTURE
§ 7901
(b) Administrative expenses
Funds appropriated under subsection (a) may
not be used for the payment of the expenses or
expenditures of the Board in administering a
provision of an order.
(Pub. L. 106–387, § 1(a) [title XII, § 1214], Oct. 28,
2000, 114 Stat. 1549, 1549A–97.)
CHAPTER 106—COMMODITY PROGRAMS
Sec.
7901.
Definitions.
SUBCHAPTER I—DIRECT PAYMENTS AND
COUNTER-CYCLICAL PAYMENTS
7911.
Establishment of base acres and payment
acres for a farm.
7912.
Establishment of payment yield.
7913.
Availability of direct payments.
7914.
Availability of counter-cyclical payments.
7915.
Producer agreement required as condition of
provision of direct payments and counter-
cyclical payments.
7916.
Planting flexibility.
7917.
Relation to remaining payment authority
under production flexibility contracts.
7918.
Period of effectiveness.
SUBCHAPTER II—MARKETING ASSISTANCE
LOANS AND LOAN DEFICIENCY PAYMENTS
7931.
Availability of nonrecourse marketing assist-
ance loans for loan commodities.
7932.
Loan rates for nonrecourse marketing assist-
ance loans.
7933.
Term of loans.
7934.
Repayment of loans.
7935.
Loan deficiency payments.
7936.
Payments in lieu of loan deficiency payments
for grazed acreage.
7937.
Special marketing loan provisions for upland
cotton.
7938.
Special competitive provisions for extra long
staple cotton.
7939.
Availability of recourse loans for high mois-
ture feed grains and seed cotton.
SUBCHAPTER III—PEANUTS
7951.
Definitions.
7952.
Establishment of payment yield and base
acres for peanuts for a farm.
7953.
Availability of direct payments for peanuts.
7954.
Availability of counter-cyclical payments for
peanuts.
7955.
Producer agreement required as condition on
p
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7901
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Federal law — U.S. Code and appendices · legal_authorities
Page 2219
TITLE 7—AGRICULTURE
§ 8701
SHORT TITLE
Pub. L. 106–224, title III, § 301, June 20, 2000, 114 Stat.
428, which provided that this chapter could be cited as
the ‘‘Biomass Research and Development Act of 2000’’,
was repealed by Pub. L. 110–234, title IX, § 9001(b), May
22, 2008, 122 Stat. 1333, and Pub. L. 110–246, § 4(a), title
IX, § 9001(b), June 18, 2008, 122 Stat. 1664, 2095.
[Pub. L. 110–234 and Pub. L. 110–246 repealed Pub. L.
106–224, § 301, formerly set out above. Pub. L. 110–234 was
repealed by section 4(a) of Pub. L. 110–246, set out as a
note under section 8701 of this title.]
CHAPTER 113—AGRICULTURAL COMMODITY
SUPPORT PROGRAMS
Sec.
8701.
Definition of Secretary.
8702.
Definitions.
SUBCHAPTER I—DIRECT PAYMENTS AND
COUNTER-CYCLICAL PAYMENTS
8711.
Base acres.
8712.
Payment yields.
8713 to 8715. Repealed.
8716.
Producer agreement required as condition of
provision of payments.
8717.
Planting flexibility.
8718.
Special rule for long grain and medium grain
rice.
8719.
Period of effectiveness.
SUBCHAPTER II—MARKETING ASSISTANCE
LOANS AND LOAN DEFICIENCY PAYMENTS
8731.
Availability of nonrecourse marketing assist-
ance loans for loan commodities.
8732.
Loan rates for nonrecourse marketing assist-
ance loans.
8733.
Term of loans.
8734.
Repayment of loans.
8735.
Loan deficiency payments.
8736.
Payments in lieu of loan deficiency payments
for grazed acreage.
8737.
Special marketing loan provisions for upland
cotton.
8738.
Special competitive provisions for extra long
staple cotton.
8739.
Availability of recourse loans for high mois-
ture feed grains and seed cotton.
8740.
Adjustments of loans.
SUBCHAPTER III—PEANUTS
8751.
Definitions.
8752.
Base acres for peanuts for a farm.
8753, 8754. Repealed.
8
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8701
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