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7 U.S.C. § 9040 — Availability of recourse loans for high moisture feed grains and seed cotton
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 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim).
(2) **Recourse loans available** — For each of the 2014 through 2031 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 the producers on the farm 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 sorgh
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Source file: Laws/federal/codes/united-states-code/title-7/section-9040-availability-of-recourse-loans-for-high-moisture-feed-grains-and-seed-co--f8cc97647f.md
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Source location: Title 7, Chapter 115, § 9040; chapter-115-agricultural-commodity-policy-and-programs.md
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**(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 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim).
(2) **Recourse loans available** — For each of the 2014 through 2031 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 the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and
(D) comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary.
(3) **Eligibility of acquired feed grains** — A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying—
(A) the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by
(B) the lower of—
(i) the payment yield in effect for the calculation of price loss coverage under [section 9015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9015&num=0&edition=prelim), or the payment yield deemed to be in effect or established under subclause (II) or (III) of [section 9036(b)(1)(B)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9036/b/1/B/ii&num=0&edition=prelim), with respect to corn or grain sorghum on a field that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained; or
(ii) the actual yield of corn or grain sorghum on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained.
**(b) Recourse loans available for seed cotton** For each of the 2014 through 2031 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production.
**(c) Recourse loans available for contaminated commodities** In the case of a loan commodity that is ineligible for 100 percent of the nonrecourse marketing loan rate in the county due to a determination that the commodity is contaminated yet still merchantable, for each of the 2019 through 2031 crops of such loan commodity, the Secretary shall make available recourse commodity loans, at the rate provided under [section 9032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9032&num=0&edition=prelim), on any production.
**(d) Repayment rates** Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with [section 7283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7283&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of loan commodity** In this subchapter, the term “loan commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.
**(b) Nonrecourse loans available**
(1) **In general** — For each of the 2014 through 2031 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 9032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9032&num=0&edition=prelim) for the loan commodity.
**(c) Eligible production** The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm.
**(d) Compliance with conservation and wetlands requirements** As a condition of the receipt of a marketing assistance loan under subsection (b), the producer shall 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.) and 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.) during the term of the loan.
**(e) Special rule
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9032
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of payment acres**
(1) **General rule** — For the purpose of price loss coverage and agriculture risk coverage when county coverage has been selected under [section 9015(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9015/b/1&num=0&edition=prelim), but subject to subsection (e), the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm.
(2) **Effect of individual coverage** — In the case of agriculture risk coverage when individual coverage has been selected under [section 9015(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9015/b/2&num=0&edition=prelim), but subject to subsection (e), the payment acres for a farm shall be equal to 65 percent of the base acres for all of the covered commodities on the farm.
**(b) Treatment of generic base acres**
(1) **In general** — In the case of generic base acres, price loss coverage payments and agriculture risk coverage payments are made only with respect to generic base acres planted to a covered commodity for the crop year.
(2) **Attribution** — With respect to a farm containing generic base acres, for the purpose of applying paragraphs (1) and (2) of subsection (a), generic base acres on the farm are attributed to a covered commodity in the following manner:
(A) If a single covered commodity is planted and the total acreage planted exceeds the generic base acres on the farm, the generic base acres are attributed to that covered commodity in an amount equal to the total number of generic base acres.
(B) If multiple covered commodities are planted and the total number of acres planted to all covered commodities on the farm
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9015
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9031
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of law, the monthly Commodity Credit Corporation interest rate applicable to loans provided for agricultural commodities by the Corporation shall be 100 basis points greater than the rate determined under the applicable interest rate formula in effect on October 1, 1995.
**(b) Sugar** For purposes of this section, raw cane sugar, refined beet sugar, and in-process sugar eligible for a loan under [section 7272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7272&num=0&edition=prelim) shall not be considered an agricultural commodity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7283
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Federal law — U.S. Code and appendices · legal_authorities
Page 2281
TITLE 7—AGRICULTURE
§ 9040
cluding a licensed warehouse, feedlot, feed
mill, distillery, or other similar entity ap-
proved by the Secretary, pursuant to regu-
lations 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 com-
mercial scales from which certified scale
tickets may be obtained within reasonable
proximity of harvest operation;
(C) certify that the producers on the farm
were the owners of the feed grain at the time
of delivery to, and that the quantity to be
placed under loan under this subsection was
in fact harvested on the farm and delivered
to, a feedlot, feed mill, or commercial or on-
farm high-moisture storage facility, or to a
facility maintained by the users of corn and
grain sorghum in a high moisture state; and
(D) comply with deadlines established by
the Secretary for harvesting the corn or
grain sorghum and submit applications for
loans under this subsection within deadlines
established by the Secretary.
(3) Eligibility of acquired feed grains
A loan under this subsection shall be made
on a quantity of corn or grain sorghum of the
same crop acquired by the producer equivalent
to a quantity determined by multiplying—
(A) the acreage of the corn or grain sor-
ghum in a high moisture state harvested on
the farm of the producer; by
(B) the lower of—
(i) the payment yield in effect for the
calculation of price loss coverage under
section 9015 of this title, or the payment
yield deemed to be in effect or established
under subclause (II) or (III) of section
9036(b)(1)(B)(ii) of this title, with respect
to corn or grain sorghum on a field that is
similar to the field from w
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9040
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.