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7 U.S.C. § 9036 — Loan deficiency payments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of loan deficiency payments**
(1) **In general** — Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under [section 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim) with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.
(2) **Unshorn pelts, hay, and silage**
(A) *Marketing assistance loans* — Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under [section 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim).
(B) *Loan deficiency payment* — Effective for each of the 2014 through 2031 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.
**(b) Computation** A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying—
(1) the payment rate determined under subsection (c) for the commodity; by
(2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under [section 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim).
**(c) Payment rate**
(1) **In general** — In the case of a loan commodity,
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Source file: Laws/federal/codes/united-states-code/title-7/section-9036-loan-deficiency-payments--8bb86da7b0.md
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Source location: Title 7, Chapter 115, § 9036; chapter-115-agricultural-commodity-policy-and-programs.md
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**(a) Availability of loan deficiency payments**
(1) **In general** — Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under [section 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim) with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.
(2) **Unshorn pelts, hay, and silage**
(A) *Marketing assistance loans* — Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under [section 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim).
(B) *Loan deficiency payment* — Effective for each of the 2014 through 2031 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.
**(b) Computation** A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying—
(1) the payment rate determined under subsection (c) for the commodity; by
(2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under [section 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim).
**(c) Payment rate**
(1) **In general** — In the case of a loan commodity, the payment rate shall be the amount by which—
(A) the loan rate established under [section 9032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9032&num=0&edition=prelim) for the loan commodity; exceeds
(B) the rate at which a marketing assistance loan for the loan commodity may be repaid under [section 9034 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9034&num=0&edition=prelim).
(2) **Unshorn pelts** — In the case of unshorn pelts, the payment rate shall be the amount by which—
(A) the loan rate established under [section 9032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9032&num=0&edition=prelim) for ungraded wool; exceeds
(B) the rate at which a marketing assistance loan for ungraded wool may be repaid under [section 9034 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9034&num=0&edition=prelim).
(3) **Hay and silage** — In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which—
(A) the loan rate established under [section 9032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9032&num=0&edition=prelim) for the loan commodity from which the hay or silage is derived; exceeds
(B) the rate at which a marketing assistance loan for the loan commodity may be repaid under [section 9034 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9034&num=0&edition=prelim).
**(d) Exception for extra long staple cotton** This section shall not apply with respect to extra long staple cotton.
**(e) Effective date for payment rate determination** The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Term of loan** In the case of each loan commodity, a marketing assistance loan under [section 9031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9031&num=0&edition=prelim) shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made.
**(b) Extensions prohibited** The Secretary may not extend the term of a marketing assistance loan for any loan commodity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9034
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of loan commodity** In this subchapter, the term “loan commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.
**(b) Nonrecourse loans available**
(1) **In general** — For each of the 2014 through 2031 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm.
(2) **Terms and conditions** — The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under [section 9032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9032&num=0&edition=prelim) for the loan commodity.
**(c) Eligible production** The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm.
**(d) Compliance with conservation and wetlands requirements** As a condition of the receipt of a marketing assistance loan under subsection (b), the producer shall 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.) and 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.) during the term of the loan.
**(e) Special rule
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 113–79, title I, § 1119, Feb. 7, 2014, 128 Stat. 673, related to transition assistance for producers of upland cotton.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
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Federal law — U.S. Code and appendices · legal_authorities
Page 2277
TITLE 7—AGRICULTURE
§ 9036
(2) Unshorn pelts, hay, and silage
(A) Marketing assistance loans
Subject to subparagraph (B), nongraded
wool in the form of unshorn pelts and hay
and silage derived from a loan commodity
are not eligible for a marketing assistance
loan under section 9031 of this title.
(B) Loan deficiency payment
Effective for each of the 2014 through 2023
crop years, the Secretary may make loan de-
ficiency payments available under this sec-
tion to producers on a farm that produce
unshorn pelts or hay and silage derived from
a loan commodity.
(b) Computation
A loan deficiency payment for a loan com-
modity or commodity referred to in subsection
(a)(2) shall be equal to the product obtained by
multiplying—
(1) the payment rate determined under sub-
section (c) for the commodity; by
(2) the quantity of the commodity produced
by the eligible producers, excluding any quan-
tity for which the producers obtain a mar-
keting assistance loan under section 9031 of
this title.
(c) Payment rate
(1) In general
In the case of a loan commodity, the pay-
ment rate shall be the amount by which—
(A) the loan rate established under section
9032 of this title for the loan commodity; ex-
ceeds
(B) the rate at which a marketing assist-
ance loan for the loan commodity may be re-
paid under section 9034 of this title.
(2) Unshorn pelts
In the case of unshorn pelts, the payment
rate shall be the amount by which—
(A) the loan rate established under section
9032 of this title for ungraded wool; exceeds
(B) the rate at which a marketing assist-
ance loan for ungraded wool may be repaid
under section 9034 of this title.
(3) Hay and silage
In the case of hay or silage derived from a
loan commodity, the payment rate shall be
the amount by whic
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9036
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