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7 U.S.C. § 8717 — Repealed. Pub. L. 113–79, title I, § 1103(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, § 1105, May 22, 2008, 122 Stat. 945; Pub. L. 110–246, § 4(a), title I, § 1105, June 18, 2008, 122 Stat. 1664, 1673, related to the average crop revenue election program available during each of the 2009, 2010, 2011, and 2012 crop years.
#### Continued Application for 2013 Crop Year
Pub. L. 113–79, title I, § 1103(b), Feb. 7, 2014, 128 Stat. 658, provided that: “Section 1105 of the Food, Conservation, and Energy Act of 2008 ([7 U.S.C. 8715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8715&num=0&edition=prelim)), as in effect on the day before the date of enactment of this Act [Feb. 7, 2014], shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ([7 U.S.C. 8702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8702&num=0&edition=prelim))) and peanuts on a farm for which the irrevocable election under section 1105 of that Act was made before the date of enactment of this Act.”
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Source location: Title 7, Chapter 113, § 8717; chapter-113-agricultural-commodity-support-programs.md
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### Statutory Notes
Section, Pub. L. 110–234, title I, § 1105, May 22, 2008, 122 Stat. 945; Pub. L. 110–246, § 4(a), title I, § 1105, June 18, 2008, 122 Stat. 1664, 1673, related to the average crop revenue election program available during each of the 2009, 2010, 2011, and 2012 crop years.
#### Continued Application for 2013 Crop Year
Pub. L. 113–79, title I, § 1103(b), Feb. 7, 2014, 128 Stat. 658, provided that: “Section 1105 of the Food, Conservation, and Energy Act of 2008 ([7 U.S.C. 8715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8715&num=0&edition=prelim)), as in effect on the day before the date of enactment of this Act [Feb. 7, 2014], shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ([7 U.S.C. 8702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8702&num=0&edition=prelim))) and peanuts on a farm for which the irrevocable election under section 1105 of that Act was made before the date of enactment of this Act.”
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall make available to the Farm Service Agency to carry out this chapter $50,000,000.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 110–234, title I, § 1103, May 22, 2008, 122 Stat. 941; Pub. L. 110–246, § 4(a), title I, § 1103, June 18, 2008, 122 Stat. 1664, 1669, related to availability of direct payments for 2008 through 2012 crop years.
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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, counter-cyclical payments, or average crop revenue election payments 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 8717 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8717&num=0&edition=prelim);
(D) to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for peanuts for the farm under subchapter III, 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 ensure producer compliance with the requirements of paragraph (1).
(3) **Modific
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8718
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Federal law — U.S. Code and appendices · legal_authorities
Page 2221
TITLE 7—AGRICULTURE
§ 8702
1 See References in Text note below.
Stat. 2209) relating to determination on the merits of
Pigford claims.
‘‘(9) HEARTLAND, HABITAT, HARVEST, AND
HORTI-
CULTURE ACT OF 2008.—Subsection (a) does not apply
with respect to title XV of the Food, Conservation,
and Energy Act of 2008 (Public Law 110–246; 122 Stat.
2246), and amendments made by that title, relating to
the provision of supplemental agricultural disaster
assistance under title IX of the Trade Act of 1974 (19
U.S.C. 2497 et seq.), certain revenue and tax provi-
sions, and certain trade benefits and other matters.
‘‘(j) EFFECTIVE DATE.—Except as otherwise provided
in this section, this section and the amendments made
by this section take effect on the earlier of—
‘‘(1) the date of the enactment of this Act [Jan. 2,
2013]; or
‘‘(2) September 30, 2012.’’
APPLICABILITY OF EXPLANATORY STATEMENT IN HOUSE
REPORT 110–627 TO PUB. L. 110–246
Pub. L. 110–246, § 3, June 18, 2008, 122 Stat. 1664, pro-
vided that: ‘‘The Joint Explanatory Statement sub-
mitted by the Committee of Conference for the con-
ference report to accompany H.R. 2419 of the 110th Con-
gress (House Report 110–627) shall be deemed to be part
of the legislative history of this Act [Pub. L. 110–246,
see Tables for classification] and shall have the same
effect with respect to the implementation of this Act as
it would have had with respect to the implementation
of H.R. 2419 [enacted as Pub. L. 110–234].’’
§ 8702. Definitions
In this chapter (other than subchapter III):
(1) Average crop revenue election payment
The term ‘‘average crop revenue election
payment’’ means a payment made to pro-
ducers on a farm under section 8715 1 of this
title.
(2) Base acres
(A) In general
The term ‘‘base acres’’
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8702
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Federal law — U.S. Code and appendices · legal_authorities
Page 2224
TITLE 7—AGRICULTURE
§ 8712
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.
§ 8712. Payment yields
(a) Establishment and purpose
For the purpose of making direct payments
and counter-cyclical payments under this sub-
chapter, the Secretary shall provide for the es-
tablishment of a yield for each farm for any des-
ignated oilseed or eligible pulse crop for which a
payment yield was not established under section
7912 of this title 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 eligi-
ble pulse crops, the Secretary shall determine
the average yield per planted acre for the des-
ignated 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 des-
ignated 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 deter-
mines to be fair and equitable to establish a
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8715
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Federal law — U.S. Code and appendices · legal_authorities
Page 2226
TITLE 7—AGRICULTURE
§ 8717
Section 8715 of this title, referred to in subsec. (c)(2),
was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7,
2014, 128 Stat. 658.
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.
§ 8717. Planting flexibility
(a) Permitted crops
Subject to subsection (b), any commodity or
crop may be planted on base acres 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 unless the commodity, if plant-
ed, is destroyed before harvest.
(2) Treatment of trees and other perennials
The planting of an agricultural commodity
specified in paragraph (3) that is produced on
a tree or other perennial plant shall be prohib-
ited on base acres.
(3) Covered agricultural commodities
Paragraphs (1) and (2) apply to the following
agricultural commodities:
(A) Fruits.
(B) Vegetables (other than mung beans and
pulse crops).
(C) Wild rice.
(c) Exceptions
Paragraphs (1) and (2) of subsection (b) shall
not limit the planting of an agricultural com-
modity specified in paragraph (3) of that sub-
section—
(1) in any region in which there is a history
of double-cropping of covered commodities
with agricultural commodities specified in
subsection (b)(3), as determi
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8717
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