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7 U.S.C. § 8754 — Base acres for peanuts for a farm

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

7 U.S.C. § 8754 — Base acres for peanuts for a farm

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Source location: Title 7, Chapter 113, § 8754; chapter-113-agricultural-commodity-support-programs.md

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**(a) Adjustment of base acreage for peanuts** (1) **In general** — The Secretary shall provide for an adjustment, as appropriate, in the base acres for peanuts for a farm whenever any of the following circumstances occur: (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 for peanuts 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 a prorated payment under the conservation reserve contract, but not both. **(b) Prevention of excess base acres for peanuts** (1) **Required reduction** — If the sum of the base acres for peanuts for a farm, together with the acreage described in paragraph (2), exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for peanuts for the farm or the base acres for 1 or more covered commodities for the farm so that the sum of the base acres for peanuts and acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm. (2) **Other acreage** — For purposes of paragraph (1), the Secretary shall include the following: (A) Any base acres for the farm for a covered commodity. (B) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ([16 U.S.C. 3830](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3830&num=0&edition=prelim) et seq.). (C) Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage. (D) Any 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). (E) If the Secretary designates additional oilseeds, any eligible oilseed 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). (3) **Selection of acres** — The Secretary shall give the owner of the farm the opportunity to select the base acres for peanuts or the base acres for covered commodities against which the reduction required by paragraph (1) will be made. (4) **Exception for double-cropped acreage** — In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary. (5) **Coordinated application of requirements** — The Secretary shall take into account [section 8711(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8711/b&num=0&edition=prelim) when applying the requirements of this subsection. **(c) Reduction in base acres** (1) **Reduction at option of owner** (A) *In general* — The owner of a farm may reduce, at any time, the base acres for peanuts for the farm. (B) *Effect of reduction* — A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary. (2) **Required action by Secretary** (A) *In general* — The Secretary shall proportionately reduce base acres on a farm for peanuts for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land— (i) remains devoted to commercial agricultural production; or (ii) is likely to be returned to the previous agricultural use. (B) *Requirement* — The Secretary shall establish procedures to identify land described in subparagraph (A). (3) **Review and report** — Each year, to ensure, to the maximum extent practicable, that payments are received only by producers, the Secretary shall submit to Congress a report that describes the results of the actions taken under paragraph (2). **(d) Treatment of farms with limited base acres** (1) **Prohibition on payments** — Except as provided in paragraph (2) and notwithstanding any other provision of this chapter, a producer on a farm may not receive direct payments, counter-cyclical payments, or average crop revenue election payments if the sum of the base acres of the farm is 10 acres or less, as determined by the Secretary. (2) **Exceptions** — Paragraph (1) shall not apply to a farm owned by— (A) a socially disadvantaged farmer or rancher (as defined in [section 2003(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2003/e&num=0&edition=prelim); 11 So in original. There probably should be a closing parenthesis after “title”. or (B) a limited resource farmer or rancher, as defined by the Secretary. (3) **Suspension of prohibition** — Paragraphs (1) and (2) shall not apply during the 2008 crop year.

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

16 U.S.C. § 3830 — Repealed. Pub. L. 113–79, title II, § 2701, Feb. 7, 2014, 128 Stat. 766

### Statutory Notes Section, Pub. L. 99–198, title XII, § 1230, as added Pub. L. 101–624, title XIV, § 1431(2), Nov. 28, 1990, 104 Stat. 3576; amended Pub. L. 103–66, title I, § 1402(a), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104–127, title III, § 331, Apr. 4, 1996, 110 Stat. 992; Pub. L. 107–171, title II, § 2006(b), May 13, 2002, 116 Stat. 237, related to comprehensive conservation enhancement program. #### Conservation Assistance Pub. L. 106–224, title II, § 211, June 20, 2000, 114 Stat. 406, as amended by Pub. L. 107–171, title II, § 2503(b)(1)(B), May 13, 2002, 116 Stat. 269, authorized Secretary to use $40,000,000 of funds of the Commodity Credit Corporation to provide financial assistance to farmers and ranchers to address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat; comply with Federal and State environmental laws; and make beneficial, cost-effective changes to cropping systems, grazing management, manure, nutrient, pest, or irrigation management, land uses, or other measures needed to conserve and improve soil, water, and related natural resources. #### Farmland Protection Program Pub. L. 104–127, title III, § 388, Apr. 4, 1996, 110 Stat. 1020, directed Secretary of Agriculture to establish and carry out a farmland protection program, prior to repeal by Pub. L. 107–171, title II, § 2503(b)(1)(A), May 13, 2002, 116 Stat. 269. [Pub. L. 107–171, title II, § 2503(b)(2), May 13, 2002, 116 Stat. 269, provided that: “The amendment made by paragraph (1)(A) [repealing section 388 of Pub. L. 104–127, formerly set out above] shall have no effect on any contract entered into under section 388 of the Federal Agriculture Improvement and Reform Act of 1996 [Pub. L. 104–127] ([16 U.S.C. 3830](https://uscode.ho

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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

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

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(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

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

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

7 U.S.C. § 8753 — Definitions

In this subchapter: (1) **Base acres for peanuts** (A) *In general* — The term “base acres for peanuts” means the number of acres assigned to a farm pursuant to [section 7952 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952&num=0&edition=prelim), as in effect on September 30, 2007, subject to any adjustment under [section 8752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8752&num=0&edition=prelim). (B) *Covered commodities* — The term “base acres”, with respect to a covered commodity, has the meaning given the term in [section 8711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8711&num=0&edition=prelim). (2) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under section 8754 11 See References in Text note below. of this title. (3) **Direct payment** — The term “direct payment” means a direct payment made to producers on a farm under section 8753 1 of this title. (4) **Effective price** — The term “effective price” means the price calculated by the Secretary under section 8754 1 of this title for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year. (5) **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 peanuts 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 peanuts on a farm on which direct payments are made. (6) **Paym

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

16 U.S.C. § 3830 — Repealed. Pub. L. 113–79, title II, § 2701,

Page 2355 TITLE 16—CONSERVATION § 3830 general amendment of subchapter V of this chapter by Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008. The new section 3843, which did not relate to appeal procedures, was subsequently repealed by Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770. 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 2018—Subsec. (c). Pub. L. 115–334, § 2102, designated ex- isting provisions as par. (1), inserted heading, inserted ‘‘, which, except as provided in paragraph (2), shall be conducted in the presence of the affected person’’ be- fore period at end, and added par. (2). Subsec. (j). Pub. L. 115–334, § 2821(b), substituted ‘‘Nat- ural Resources Conservation Service’’ for ‘‘National Resources Conservation Service’’. Subsec. (k)(1)(B). Pub. L. 115–334, § 2103, amended sub- par. (B) generally. Prior to amendment, text read as follows: ‘‘Of the funds of the Commodity Credit Cor- poration, the Secretary shall use $10,000,000, to remain available until expended, to carry out this paragraph.’’ 2014—Subsec. (k). Pub. L. 113–79 amended subsec. (k) generally. Prior to amendment, text read as follows: ‘‘Using authorities available to the Secretary, the Sec- retary may operate a pilot program for mitigation banking of wetlands to assist persons to increase the efficiency of agricultural operations while protecting wetland functions and values. Subsection (f)(2)(C) of this section shall not apply to this subsection.’’ 2008—Subsec. (h)(2), (3). Pub. L. 110–246, § 2003, added par. (2), redesignated former par. (2) as (3), and inserted ‘‘be’’ before ‘‘actively’’. 1996—

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

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

Page 2356 TITLE 16—CONSERVATION § 3830a 3576; amended Pub. L. 103–66, title I, § 1402(a), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104–127, title III, § 331, Apr. 4, 1996, 110 Stat. 992; Pub. L. 107–171, title II, § 2006(b), May 13, 2002, 116 Stat. 237, related to comprehensive con- servation enhancement program. Statutory Notes and Related Subsidiaries CONSERVATION ASSISTANCE Pub. L. 106–224, title II, § 211, June 20, 2000, 114 Stat. 406, as amended by Pub. L. 107–171, title II, § 2503(b)(1)(B), May 13, 2002, 116 Stat. 269, authorized Secretary to use $40,000,000 of funds of the Commodity Credit Corporation to provide financial assistance to farmers and ranchers to address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat; comply with Federal and State environmental laws; and make beneficial, cost-ef- fective changes to cropping systems, grazing manage- ment, manure, nutrient, pest, or irrigation manage- ment, land uses, or other measures needed to conserve and improve soil, water, and related natural resources. FARMLAND PROTECTION PROGRAM Pub. L. 104–127, title III, § 388, Apr. 4, 1996, 110 Stat. 1020, directed Secretary of Agriculture to establish and carry out a farmland protection program, prior to re- peal by Pub. L. 107–171, title II, § 2503(b)(1)(A), May 13, 2002, 116 Stat. 269. [Pub. L. 107–171, title II, § 2503(b)(2), May 13, 2002, 116 Stat. 269, provided that: ‘‘The amendment made by paragraph (1)(A) [repealing section 388 of Pub. L. 104–127, formerly set out above] shall have no effect on any contract entered into under section 388 of the Fed- eral Agriculture Improvement and Reform Act of 1996 [Pub. L. 104–127] (16 U.S.C. 3830 note) that is in effect as of the date of

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

7 U.S.C. § 8754 — Repealed. Pub. L. 113–79, title I, § 1102(a),

Page 2239 TITLE 7—AGRICULTURE § 8755 1 See References in Text note below. § 8754. Repealed. Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658 Section, Pub. L. 110–234, title I, § 1304, May 22, 2008, 122 Stat. 971; Pub. L. 110–246, § 4(a), title I, § 1304, June 18, 2008, 122 Stat. 1664, 1699, related to availability of counter-cyclical payments for peanuts for 2008 through 2012 crop years. Statutory Notes and Related Subsidiaries CONTINUED APPLICATION FOR 2013 CROP YEAR For continued application of this section, as in effect on the day before Feb. 7, 2014, through the 2013 crop year, see section 1102(b) of Pub. L. 113–79, set out as a note under section 8714 of this title. § 8755. Producer agreement required as condi- tion on provision of payments (a) Compliance with certain requirements (1) Requirements Before the producers on a farm may receive direct payments or counter-cyclical payments under this subchapter, or average crop revenue election payments under section 8715 1 of this title, 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 et seq.); (B) to comply with applicable wetland pro- tection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.); (C) to comply with the planting flexibility requirements of section 8756 of this title; (D) to use the land on the farm, in a quan- tity equal to the attributable base acres for peanuts and any base acres for the farm under subchapter I, for an agricultural or conserving use, and not for a non- agricultural commercial, indus

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