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7 U.S.C. § 7953 — Establishment of payment yield and base acres for peanuts for a farm
Federal law — U.S. Code and appendices · legal_authorities
**(a) Average yield and acreage average for historic peanut producers**
(1) **Determination of average yield**
(A) *In general* — The Secretary shall determine, for each historic peanut producer, the average yield for peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years, excluding any crop year in which the producer did not plant or was prevented from planting peanuts.
(B) *Assigned yields* — For the purposes of determining the 4-year average yield for an historic peanut producer under this paragraph, the historic peanut producer may elect to substitute for a farm, for not more than 3 of the 1998 through 2001 crop years in which the producer planted peanuts on the farm, the average yield for peanuts produced in the county in which the farm is located for the 1990 through 1997 crop years.
(2) **Determination of acreage average**
(A) *In general* — The Secretary shall determine, for each historic peanut producer, the 4-year average of the following:
(i) Acreage planted to peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years.
(ii) Any acreage on each farm that the historic peanut producer was prevented from planting to peanuts during the 1998 through 2001 crop years because of drought, flood, or other natural disaster, or other condition beyond the control of the historic peanut producer, as determined by the Secretary.
(B) *Inclusion of all 4 years in average* — For the purposes of determining the 4-year acreage average for an historic peanut producer under this paragraph, the Secretary shall not exclude any crop year in which the producer did not plant peanuts.
(C) *Proportional shares* — If more than 1 h
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Source location: Title 7, Chapter 106, § 7953; chapter-106-commodity-programs.md
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**(a) Average yield and acreage average for historic peanut producers**
(1) **Determination of average yield**
(A) *In general* — The Secretary shall determine, for each historic peanut producer, the average yield for peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years, excluding any crop year in which the producer did not plant or was prevented from planting peanuts.
(B) *Assigned yields* — For the purposes of determining the 4-year average yield for an historic peanut producer under this paragraph, the historic peanut producer may elect to substitute for a farm, for not more than 3 of the 1998 through 2001 crop years in which the producer planted peanuts on the farm, the average yield for peanuts produced in the county in which the farm is located for the 1990 through 1997 crop years.
(2) **Determination of acreage average**
(A) *In general* — The Secretary shall determine, for each historic peanut producer, the 4-year average of the following:
(i) Acreage planted to peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years.
(ii) Any acreage on each farm that the historic peanut producer was prevented from planting to peanuts during the 1998 through 2001 crop years because of drought, flood, or other natural disaster, or other condition beyond the control of the historic peanut producer, as determined by the Secretary.
(B) *Inclusion of all 4 years in average* — For the purposes of determining the 4-year acreage average for an historic peanut producer under this paragraph, the Secretary shall not exclude any crop year in which the producer did not plant peanuts.
(C) *Proportional shares* — If more than 1 historic peanut producer shared in the risk of producing the crop on a farm, the historic peanut producers shall receive their proportional share of the number of acres planted (or prevented from being planted) to peanuts for harvest on the farm based on the sharing arrangement that was in effect among the producers for the crop.
(3) **Time for determinations** — The Secretary shall make the determinations required by this subsection as soon as practicable after May 13, 2002.
(4) **Special considerations** — In making the determinations required by this subsection, the Secretary shall take into account changes in the number, identity, or interest of producers sharing in the risk of producing a peanut crop since the 1998 crop year, including providing a method for the assignment of average acres and average yield to a farm—
(A) when an historic peanut producer is no longer living;
(B) when an entity composed of historic peanut producers has been dissolved; or
(C) in other appropriate situations, as determined by the Secretary.
**(b) Assignment of average yields and average acreage to farms**
(1) **Assignment by historic peanut producers** — The Secretary shall give each historic peanut producer an opportunity to assign the average peanut yield and average acreage determined under subsection (a) for each farm of the historic peanut producer to cropland on that farm or another farm in the same State or a contiguous State.
(2) **Limitation on acreage assignment** — Notwithstanding paragraph (1), the average acreage determined under subsection (a)(2) for a farm may not be assigned to a farm in a contiguous State unless—
(A) the historic peanut producer making the assignment produced peanuts in that State during at least 1 of the 1998 through 2001 crop years; or
(B) as of March 31, 2003, the historic peanut producer is a producer on a farm in that State.
(3) **Notice of assignment opportunity** — The Secretary shall provide notice to historic peanut producers regarding their opportunity to assign average peanut yields and average acreages to farms under paragraph (1). The notice shall include the following:
(A) Notice that the opportunity to make the assignments is being provided only once.
(B) A description of the limitation in paragraph (2) on their ability to make the assignments.
(C) Information regarding the manner in which the assignments must be made and the time periods and manner in which notice of the assignments must be submitted to the Secretary.
(4) **Assignment deadlines** — Not later than March 31, 2003, an historic peanut producer shall submit to the Secretary notice of the assignments made by the producer under this subsection. If an historic peanut producer fails to submit the notice by that date, the notice shall be submitted in such other manner as the Secretary may prescribe.
**(c) Payment yield** The average of all of the yields assigned by historic peanut producers under subsection (b) to a farm shall be considered to be the payment yield for that farm for the purpose of making direct payments and counter-cyclical payments under this subchapter.
**(d) Base acres for peanuts** Subject to subsection (e), the total number of acres assigned by historic peanut producers under subsection (b) to a farm shall be considered to be the farm’s base acres for peanuts for the purpose of making direct payments and counter-cyclical payments under this subchapter.
**(e) Treatment of conservation reserve contract acreage**
(1) **In general** — The Secretary shall provide for an adjustment, as appropriate, in the base acres for peanuts for a farm whenever either 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.
(B) Cropland is released from coverage under a conservation reserve contract by the Secretary.
(2) **Special payment rules** — For the crop year in which a base acres for peanuts adjustment under 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.
**(f) 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 under subchapter I 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 under subchapter I.
(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 conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.
(3) **Selection of acres** — The Secretary shall give the owner of the farm the opportunity to select the base acres for peanuts or the subchapter I base acres 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 7911(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/g&num=0&edition=prelim) when applying the requirements of this subsection.
**(g) Permanent reduction in base acres for peanuts** The owner of a farm may reduce, at any time, the base acres for peanuts assigned to the farm. The reduction shall be permanent and made in the manner prescribed by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) High moisture feed grains**
(1) **Recourse loans available** — For each of the 2002 through 2007 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 they 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.
(2) **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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7951
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Federal law — U.S. Code and appendices · legal_authorities
### 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3830
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
In this subchapter:
(1) **Base acres for peanuts** — The term “base acres for peanuts” means the number of acres assigned to a farm by historic peanut producers pursuant to [section 7952(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/b&num=0&edition=prelim).
(2) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made under [section 7954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7954&num=0&edition=prelim).
(3) **Effective price** — The term “effective price” means the price calculated by the Secretary under [section 7954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7954&num=0&edition=prelim) for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year.
(4) **Direct payment** — The term “direct payment” means a payment made under [section 7953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7953&num=0&edition=prelim).
(5) **Historic peanut producer** — The term “historic peanut producer” means a producer on a farm in the United States that produced or was prevented from planting peanuts during any or all of the 1998 through 2001 crop years.
(6) **Payment acres** — The term “payment acres” means—
(A) for the 2002 crop of peanuts, 85 percent of the average acreage determined under [section 7952(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/a/2&num=0&edition=prelim) for an historic peanut producer; and
(B) for the 2003 through 2007 crops of peanuts, 85 percent of the base acres for peanuts assigned to a farm under [section 7952(b) of this
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7952
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment required**
(1) **In general** — During the 2002 through 2007 crop years for peanuts, the Secretary shall make counter-cyclical payments under this section with respect to peanuts if the Secretary determines that the effective price for peanuts is less than the target price for peanuts.
(2) **2002 crop year** — If counter-cyclical payments are required for the 2002 crop year, the Secretary shall make the payments to historic peanut producers.
(3) **Subsequent crop years** — If counter-cyclical payments are required for any of the 2003 through 2007 crop years for peanuts, the Secretary shall make the payments to the producers on a farm to which a payment yield and base acres for peanuts are assigned under [section 7952 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952&num=0&edition=prelim).
**(b) Effective price** For purposes of subsection (a), the effective price for peanuts is equal to the sum of the following:
(1) The higher of the following:
(A) The national average market price for peanuts received by producers during the 12-month marketing year for peanuts, as determined by the Secretary.
(B) The national average loan rate for a marketing assistance loan for peanuts in effect for the applicable period under this subchapter.
(2) The payment rate in effect under [section 7953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7953&num=0&edition=prelim) for the purpose of making direct payments.
**(c) Target price** For purposes of subsection (a), the target price for peanuts shall be equal to $495 per ton.
**(d) Payment rate** The payment rate used to make counter-cyclical payments for a crop year shall be equal to the difference between—
(1) the target pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7955
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Federal law — U.S. Code and appendices · legal_authorities
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—
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3830
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 3830. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3831
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 3831. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2136
TITLE 7—AGRICULTURE
§ 7953
(2) Special payment rules
For the crop year in which a base acres for
peanuts adjustment under paragraph (1) is
first made, the owner of the farm shall elect to
receive either direct payments and counter-cy-
clical payments with respect to the acreage
added to the farm under this subsection or a
prorated payment under the conservation re-
serve contract, but not both.
(f) 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 re-
duce the base acres for peanuts for the farm or
the base acres for 1 or more covered commod-
ities under subchapter I for the farm so that
the sum of the base acres for peanuts and acre-
age 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 under sub-
chapter I.
(B) Any acreage on the farm enrolled in
the conservation reserve program or wet-
lands reserve program under chapter 1 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled
in a conservation program for which pay-
ments are made in exchange for not pro-
ducing an agricultural commodity on the
acreage.
(3) Selection of acres
The Secretary shall give the owner of the
farm the opportunity to select the base acres
for peanuts or the subchapter I base acres
against which the reduction required by para-
graph (1) will be made.
(4) Exception for double-cropped acreage
In applying paragraph (1), the Secretary
sh
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7953
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