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7 U.S.C. § 7211 — Authorization for use of production flexibility contracts

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7211 — Authorization for use of production flexibility contracts

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Source file: Laws/federal/codes/united-states-code/title-7/section-7211-authorization-for-use-of-production-flexibility-contracts--f6a7a03ed7.md
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Source location: Title 7, Chapter 100, § 7211; chapter-100-agricultural-market-transition.md

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**(a) Offer and terms** The Secretary shall offer to enter into a production flexibility contract with an eligible owner or producer described in subsection (b) on a farm containing eligible cropland. Under the terms of a contract, the owner or producer shall agree, in exchange for annual contract payments, to— (1) 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.); (2) comply with applicable wetland protection requirements under subtitle C of title XII of the Act ([16 U.S.C. 3821](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3821&num=0&edition=prelim) et seq.); (3) comply with the planting flexibility requirements of [section 7218 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7218&num=0&edition=prelim); and (4) use the land subject to the contract for an agricultural or related activity, but not for a nonagricultural commercial or industrial use, as determined by the Secretary. **(b) Eligible owners and producers described** The following producers and owners shall be eligible to enter into a contract: (1) An owner of eligible cropland who assumes all or a part of the risk of producing a crop. (2) A producer (other than an owner) on eligible cropland with a share-rent lease of the eligible cropland, regardless of the length of the lease, if the owner enters into the same contract. (3) A producer (other than an owner) on eligible cropland who cash rents the eligible cropland under a lease expiring on or after September 30, 2002, in which case the owner is not required to enter into the contract. (4) A producer (other than an owner) on eligible cropland who cash rents the eligible cropland under a lease expiring before September 30, 2002. The owner of the eligible cropland may also enter into the same contract. If the producer elects to enroll less than 100 percent of the eligible cropland in the contract, the consent of the owner is required. (5) An owner of eligible cropland who cash rents the eligible cropland and the lease term expires before September 30, 2002, if the tenant declines to enter into a contract. In the case of an owner covered by this paragraph, contract payments shall not begin under a contract until the lease held by the tenant ends. (6) An owner or producer described in any preceding paragraph regardless of whether the owner or producer purchased catastrophic risk protection for a 1996 crop under [section 1508(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/b&num=0&edition=prelim). **(c) Tenants and sharecroppers** In carrying out this subchapter, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. **(d) Eligible cropland described** Land shall be considered to be cropland eligible for coverage under a contract only if the land has contract acreage attributable to the land and— (1) for at least 1 of the 1991 through 1995 crops, at least a portion of the land was enrolled in the acreage reduction program authorized for a crop of a contract commodity under section 101B, 103B, 105B, or 107B of the Agricultural Act of 1949 or was considered planted; (2) was subject to a conservation reserve contract 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)) whose term expired, or was voluntarily terminated, on or after January 1, 1995; or (3) is released from coverage under a conservation reserve contract by the Secretary during the period beginning on January 1, 1995, and ending on the date specified in [section 7212(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7212/a/2&num=0&edition=prelim). **(e) Quantity of eligible cropland covered by contract** Subject to subsection (b)(4), an owner or producer may enroll as contract acreage all or a portion of the eligible cropland on the farm. **(f) Voluntary reduction in contract acreage** Subject to subsection (b)(4), an owner or producer who enters into a contract may subsequently reduce the quantity of contract acreage covered by the contract.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3821 — Program ineligibility

**(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

16 U.S.C. § 3831 — Conservation reserve

**(a) In general** Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land and to address issues raised by State, regional, and national conservation initiatives. **(b) Eligible land** The Secretary may include in the program established under this subpart— (1) highly erodible cropland that— (A) (i) if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or (ii) cannot be farmed in accordance with a plan that complies with the requirements of subchapter II; and (B) the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program; (2) marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat); (3) grasslands that— (A) contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use; (B) are located in an area historically dominated by grasslands; and (C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition; (4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3831

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7218 — Planting flexibility

**(a) Permitted crops** Subject to subsection (b), any commodity or crop may be planted on contract acreage on a farm. **(b) Limitations and exceptions regarding fruits and vegetables** (1) **Limitations** — The planting of fruits and vegetables (other than lentils, mung beans, and dry peas) shall be prohibited on contract acreage. (2) **Exceptions** — Paragraph (1) shall not limit the planting of a fruit or vegetable— (A) in any region in which there is a history of double-cropping of contract commodities with fruits or vegetables, as determined by the Secretary, in which case the double-cropping shall be permitted; (B) on a farm that the Secretary determines has a history of planting fruits or vegetables on contract acreage, except that a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable; or (C) by a producer who the Secretary determines has an established planting history of a specific fruit or vegetable, except that— (i) the quantity planted may not exceed the producer’s average annual planting history of the fruit or vegetable in the 1991 through 1995 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and (ii) a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7218

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3811 — Program ineligibility

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3811

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1281 — Administrative expenses; posting names and compensation of local employees

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1281

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7202 — Definitions

In this chapter: (1) **Agricultural Act of 1949** — Except in [section 7301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301&num=0&edition=prelim), 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(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301/b/1&num=0&edition=prelim). (2) **Considered planted** — The term “considered planted” means acreage that is considered planted under title V of the Agricultural Act of 1949 ([7 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1461&num=0&edition=prelim) et seq.) and such other acreage as the Secretary considers fair and equitable. (3) **Contract** — The terms “contract” and “production flexibility contract” mean a production flexibility contract entered into under [section 7211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7211&num=0&edition=prelim). (4) **Contract acreage** — The term “contract acreage” means 1 or more crop acreage bases established for contract commodities under title V of the Agricultural Act of 1949 ([7 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1461&num=0&edition=prelim) et seq.) that would have been in effect for the 1996 crop (but for suspension under [section 7301(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301/b/1&num=0&edition=prelim)). (5) **Contract commodity** — The term “contract commodity” means wheat, corn, grain

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7212 — Elements of contracts

**(a) Time for contracting** (1) **Commencement** — To the extent practicable, the Secretary shall commence entering into contracts not later than 45 days after April 4, 1996. (2) **Deadline** — Except as provided in paragraph (3), the Secretary may not enter into a contract after August 1, 1996. (3) **Conservation reserve lands** (A) *In general* — At the beginning of each fiscal year, the Secretary shall allow an eligible owner or producer on a farm covered by a conservation reserve contract entered into under [section 3831 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3831&num=0&edition=prelim) that terminates after the date specified in paragraph (2) to enter into or expand a production flexibility contract to cover the contract acreage of the farm that was subject to the former conservation reserve contract. (B) *Amount* — Contract payments made for contract acreage under this paragraph shall be made at the rate and amount applicable to the annual contract payment level for the applicable crop. For the fiscal year in which the conservation reserve contract is terminated, the owner or producer subject to the production flexibility contract may elect to receive either contract payments or a prorated payment under the conservation reserve contract, but not both. **(b) Duration of contract** (1) **Beginning date** — The term of a contract shall begin with— (A) the 1996 crop of a contract commodity; or (B) in the case of acreage that was subject to a conservation reserve contract described in subsection (a)(3), the date the production flexibility contract was entered into or expanded to cover the acreage. (2) **Ending date** — The term of a contract shall extend through the 2002 crop, unless earlier terminated

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7918 — Relation to remaining payment authority under production flexibility contracts

**(a) Termination of superseded payment authority** Notwithstanding [section 7213(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7213/a/7&num=0&edition=prelim) or any other provision of law, the Secretary shall not make payments for fiscal year 2002 after May 13, 2002, under a production flexibility contract entered into under [section 7211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7211&num=0&edition=prelim) unless requested by the producer that is a party to the contract. **(b) Contract payments made before enactment** If a producer receives all or any portion of the payment authorized for fiscal year 2002 under a production flexibility contract, the Secretary shall reduce the amount of the direct payment otherwise due the producer for the 2002 crop year under [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7913&num=0&edition=prelim) by the amount of the fiscal year 2002 payment received by the producer under the production flexibility contract.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3811 — Program ineligibility

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

16 U.S.C. § 3821 — Program ineligibility

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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