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7 U.S.C. § 8756 — Repealed. Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
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.
#### 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8714&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-7/section-8756-repealed-pub-l-11379-title-i-1102-a-feb-7-2014-128-stat-658--5d38f051c6.md
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Source location: Title 7, Chapter 113, § 8756; chapter-113-agricultural-commodity-support-programs.md
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### Statutory Notes
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.
#### 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8714&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and purpose** For the purpose of making direct payments and counter-cyclical payments under this subchapter, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&num=0&edition=prelim) in accordance with this section.
**(b) Payment yields for designated oilseeds and eligible pulse crops**
(1) **Determination of average yield** — In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero.
(2) **Adjustment for payment yield**
(A) *In general* — The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following:
(i) The average yield for the designated oilseed or pulse crop determined under paragraph (1).
(ii) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops.
(B) *No national average yield information available* — To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
(3) **Use of partial county average yield
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8714
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Federal law — U.S. Code and appendices · legal_authorities
**(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 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3811&num=0&edition=prelim) et seq.);
(B) to comply with 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.);
(C) to comply with the planting flexibility requirements of [section 8756 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8756&num=0&edition=prelim);
(D) to use the land on the farm, in a quantity 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 nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and
(E) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (D).
(2) **Compliance** — The Secretary may issue such rules as the Secretary considers necessary to
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Federal law — U.S. Code and appendices · legal_authorities
Page 2240
TITLE 7—AGRICULTURE
§ 8756
(Pub. L. 110–234, title I, § 1305, May 22, 2008, 122
Stat. 972; Pub. L. 110–246, § 4(a), title I, § 1305,
June 18, 2008, 122 Stat. 1664, 1701; Pub. L. 110–398,
§ 1(b)(2), Oct. 13, 2008, 122 Stat. 4213.)
Editorial Notes
REFERENCES IN TEXT
Section 8715 of this title, referred to in subsecs. (a)(1)
and (e), was repealed by Pub. L. 113–79, title I, § 1103(a),
Feb. 7, 2014, 128 Stat. 658.
The Food Security Act of 1985, referred to in subsec.
(a)(1)(A), (B), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat.
1354. Subtitles B and C of title XII of the Act are classi-
fied generally to subchapters II (§ 3811 et seq.) and III
(§ 3821 et seq.), respectively, of chapter 58 of Title 16,
Conservation. For complete classification of this Act to
the Code, see Short Title of 1985 Amendment note set
out under section 1281 of this title and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 enacted identical
sections. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
AMENDMENTS
2008—Subsec. (f). Pub. L. 110–398 added subsec. (f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment 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 a note under section 8701 of
this title.
§ 8756. Planting flexibility
(a) Permitted crops
Subject to subsection (b), any commodity or
crop may be planted on the base acres for pea-
nuts on a farm.
(b) Limitations regarding certain commodities
(1) General limitation
The planting of an agricultural commodity
specified in paragraph (3) shall be prohibited
on base acres for peanuts unless the com-
modity, if planted, is destroyed before harvest
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