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7 U.S.C. § 7937 — Payments in lieu of loan deficiency payments for grazed acreage
Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible producers**
(1) **In general** — Effective for the 2002 through 2007 crop years, in the case of a producer that would be eligible for a loan deficiency payment under [section 7935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7935&num=0&edition=prelim) for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.
(2) **Grazing of triticale acreage** — Effective for the 2002 through 2007 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.
**(b) Payment amount**
(1) **In general** — The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying—
(A) the loan deficiency payment rate determined under [section 7935(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7935/c&num=0&edition=prelim) in effect, as of the date of the agreement, for the county in which the farm is located; by
(B) the payment quantity determined by multiplying—
(i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and
(ii) the payment yield in effect for the calculation of direct payment
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Source file: Laws/federal/codes/united-states-code/title-7/section-7937-payments-in-lieu-of-loan-deficiency-payments-for-grazed-acreage--f9781c55ca.md
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Source location: Title 7, Chapter 106, § 7937; chapter-106-commodity-programs.md
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**(a) Eligible producers**
(1) **In general** — Effective for the 2002 through 2007 crop years, in the case of a producer that would be eligible for a loan deficiency payment under [section 7935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7935&num=0&edition=prelim) for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.
(2) **Grazing of triticale acreage** — Effective for the 2002 through 2007 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.
**(b) Payment amount**
(1) **In general** — The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying—
(A) the loan deficiency payment rate determined under [section 7935(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7935/c&num=0&edition=prelim) in effect, as of the date of the agreement, for the county in which the farm is located; by
(B) the payment quantity determined by multiplying—
(i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and
(ii) the payment yield in effect for the calculation of direct payments under subchapter I with respect to that loan commodity on the farm or, in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary in a manner consistent with [section 7912(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912/c&num=0&edition=prelim).
(2) **Grazing of triticale acreage** — The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying—
(A) the loan deficiency payment rate determined under [section 7935(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7935/c&num=0&edition=prelim) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by
(B) the payment quantity determined by multiplying—
(i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and
(ii) the payment yield in effect for the calculation of direct payments under subchapter I with respect to wheat on the farm or, in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with [section 7912(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912/c&num=0&edition=prelim).
**(c) Time, manner, and availability of payment**
(1) **Time and manner** — A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under [section 7935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7935&num=0&edition=prelim).
(2) **Availability** — The Secretary shall establish an availability period for the payments authorized by this section. In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter.
**(d) Prohibition on crop insurance indemnity or noninsured crop assistance** A 2002 through 2007 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.) or noninsured crop assistance under [section 7333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7333&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** The Secretary shall permit the producers on a farm to repay a marketing assistance loan under [section 7931 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7931&num=0&edition=prelim) for a loan commodity (other than upland cotton, rice, extra long staple cotton, and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of—
(1) the loan rate established for the commodity under [section 7932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7932&num=0&edition=prelim), 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)); or
(2) a rate that the Secretary determines will—
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodity by the Federal Government;
(C) minimize the cost incurred by the Federal Government in storing the commodity;
(D) allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and
(E) minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries.
**(b) Repayment rates for upland cotton and rice** The Secretary shall permit producers to repay a marketing assistance loan under [section 7931 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7931&num=0&edition=prelim) for upland cotton and rice at a rate that is the lesser of—
(1) the loan rate established for the commodity under [section 7932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7935
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Operation and administration of program**
(1) **In general**
(A) *Coverages* — In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to—
(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act ([7 U.S.C. 1508(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/b&num=0&edition=prelim)); or
(ii) except in the case of crops and grasses used for grazing, additional coverage available under subsections (c) and (h) of section 508 of that Act ([7 U.S.C. 1508](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508&num=0&edition=prelim)) that does not exceed 65 percent, as described in subsection (l).
(B) *Administration* — The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the “Agency”).
(C) *Data collection and sharing* — The Secretary shall coordinate with the Administrator of the Risk Management Agency on the type and format of data received under the noninsured crop disaster assistance program that—
(i) best facilitates the use of that data in developing policies or plans of insurance offered under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.); and
(ii) ensures the availability of that data on a regular basis.
(D) *Coordination* — The Secretary shall coordinate between the agencies of the Department that provide programs or services to farmers and ranchers that are potentially eligible fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7333
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Crop Insurance Act”. Except as otherwise expressly provided the provisions in titles I to IV, inclusive, shall not apply with respect to this subchapter, and the term “Act” wherever it appears in such titles shall not be construed to include this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (other than subchapter III):
(1) **Agricultural Act of 1949** — 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 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301&num=0&edition=prelim).
(2) **Base acres** — The term “base acres”, with respect to a covered commodity on a farm, means the number of acres established under [section 7911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911&num=0&edition=prelim) with respect to the covered commodity on the election made by the owner of the farm under subsection (a) of such section.
(3) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under [section 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7914&num=0&edition=prelim).
(4) **Covered commodity** — The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, rice, soybeans, and other oilseeds.
(5) **Direct payment** — The term “direct payment” means a payment made to producers on a farm under [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7913&num=0&edition=prelim).
(6) **Effective price** — The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under [section 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7914&num=0&edition=prelim) to determine whether
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7911
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Federal law — U.S. Code and appendices · legal_authorities
Page 796
TITLE 7—AGRICULTURE
§ 1501
SUBCHAPTER I—FEDERAL CROP
INSURANCE
§ 1501. Short title and application of other provi-
sions
This subchapter may be cited as the ‘‘Federal
Crop Insurance Act’’. Except as otherwise ex-
pressly provided the provisions in titles I to IV,
inclusive, shall not apply with respect to this
subchapter, and the term ‘‘Act’’ wherever it ap-
pears in such titles shall not be construed to in-
clude this subchapter.
(Feb. 16, 1938, ch. 30, title V, § 501, 52 Stat. 72;
Pub. L. 110–234, title XII, § 12033(c), May 22, 2008,
122 Stat. 1405; Pub. L. 110–246, § 4(a), title XII,
§ 12033(c), June 18, 2008, 122 Stat. 1664, 2167.)
Editorial Notes
REFERENCES IN TEXT
‘‘Titles I to IV, inclusive,’’ and ‘‘such titles’’, referred
to in text, are references to titles I to IV of act Feb. 16,
1938, ch. 30, 52 Stat. 31, known as the Agricultural Ad-
justment Act of 1938, which is classified principally to
chapter 35 (§ 1281 et seq.) of this title. For complete
classification of this Act to the Code, see section 1281
of this title and Tables.
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
2008—Pub. L. 110–246, § 12033(c), inserted section catch-
line and substituted ‘‘subchapter’’ for ‘‘chapter’’ wher-
ever appearing in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment 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 an Effective Date note under
section 8701 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–224, title I, §
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1501
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Federal law — U.S. Code and appendices · legal_authorities
Page 2131
TITLE 7—AGRICULTURE
§ 7937
(B) the payment quantity determined by
multiplying—
(i) the quantity of the grazed acreage on
the farm with respect to which the pro-
ducer elects to forgo harvesting of wheat,
barley, or oats; and
(ii) the payment yield in effect for the
calculation of direct payments under sub-
chapter I with respect to that loan com-
modity on the farm or, in the case of a
farm without a payment yield for that
loan commodity, an appropriate yield es-
tablished by the Secretary in a manner
consistent with section 7912(c) of this title.
(2) Grazing of triticale acreage
The amount of a payment made under this
section to a producer on a farm described in
subsection (a)(2) shall be equal to the amount
determined by multiplying—
(A) the loan deficiency payment rate de-
termined under section 7935(c) of this title in
effect for wheat, as of the date of the agree-
ment, for the county in which the farm is lo-
cated; by
(B) the payment quantity determined by
multiplying—
(i) the quantity of the grazed acreage on
the farm with respect to which the pro-
ducer
elects
to
forgo
harvesting
of
triticale; and
(ii) the payment yield in effect for the
calculation of direct payments under sub-
chapter I with respect to wheat on the
farm or, in the case of a farm without a
payment yield for wheat, an appropriate
yield established by the Secretary in a
manner consistent with section 7912(c) of
this title.
(c) Time, manner, and availability of payment
(1) Time and manner
A payment under this section shall be made
at the same time and in the same manner as
loan deficiency payments are made under sec-
tion 7935 of this title.
(2) Availability
The Secretary shall establish an availability
period for the payments authorized by this
sec
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7937
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