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7 U.S.C. § 7916 — Producer agreement required as condition of provision of direct payments and counter-cyclical payments
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 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 the 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 7916 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7916&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 or industrial 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) **Modification** — At the request of the transferee or owner, the
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Source file: Laws/federal/codes/united-states-code/title-7/section-7916-producer-agreement-required-as-condition-of-provision-of-direct-payments--09b9c8f56a.md
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Source location: Title 7, Chapter 106, § 7916; chapter-106-commodity-programs.md
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**(a) Compliance with certain requirements**
(1) **Requirements** — Before the producers on a farm may receive direct payments or counter-cyclical 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 the 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 7916 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7916&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 or industrial 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) **Modification** — At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary.
**(b) Transfer or change of interest in farm**
(1) **Termination** — Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm in base acres for which direct payments or counter-cyclical payments are made shall result in the termination of the payments with respect to the base acres, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). The termination shall take effect on the date determined by the Secretary.
(2) **Exception** — If a producer entitled to a direct payment or counter-cyclical payment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary.
**(c) Acreage reports** As a condition on the receipt of any benefits under this subchapter or subchapter II, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm.
**(d) Tenants and sharecroppers** In carrying out this subchapter, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.
**(e) Sharing of payments** The Secretary shall provide for the sharing of direct payments and counter-cyclical payments among the producers on a farm on a fair and equitable basis.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Production on converted wetland** Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be—
(1) in violation of this section; and
(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation.
**(b) Ineligibility for certain loans and payments** If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible:
(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act.
(2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subchapter) to produce an agricultural commodity.
(3) During the crop year:
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3821
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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
**(a) In general** Except as provided in [section 3812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3812&num=0&edition=prelim), and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity, as determined by the Secretary shall be ineligible for—
(1) as to any commodity produced during that crop year by such person—
(A) contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act;
(B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act ([15 U.S.C. 714b(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714b/h&num=0&edition=prelim));
(C) a disaster payment;
(D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3811
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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
Page 2343
TITLE 16—CONSERVATION
§ 3811
1 See Change of Name note below.
of Pub. L. 110–246, set out as a note under section 8701
of Title 7, Agriculture.]
REFORM AND ASSESSMENT OF CONSERVATION PROGRAMS
Pub. L. 107–171, title II, § 2005, May 13, 2002, 116 Stat.
237, required the Secretary of Agriculture to develop a
plan to coordinate land retirement and agricultural
working land conservation programs that are adminis-
tered by the Secretary to achieve the goals of elimi-
nating redundancy, streamlining program delivery, and
improving services provided to agricultural producers
and to submit to Congress a report on this plan by Dec.
31, 2005.
CONSERVATION CORRIDOR DEMONSTRATION PROGRAM
Pub. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat.
1215, which authorized the Secretary of the Army to
provide technical assistance to the Secretary of Agri-
culture for use in carrying out the Conservation Cor-
ridor Demonstration Program established under sub-
title G of title II of Pub. L. 107–171, formerly set out
below, was repealed by Pub. L. 115–334, title II, § 2811(b),
Dec. 20, 2018, 132 Stat. 4602.
Pub. L. 107–171, title II, subtitle G, May 13, 2002, 116
Stat. 275, which related to a Conservation Corridor
Demonstration Program to integrate agriculture and
forestry conservation programs of the Department of
Agriculture with State and local efforts to address
farm conservation needs on the Delmarva Peninsula,
was repealed by Pub. L. 115–334, title II, § 2811(a), Dec.
20, 2018, 132 Stat. 4602.
CRANBERRY ACREAGE RESERVE PROGRAM
Pub. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat.
515, which authorized the Secretary of Agriculture to
establish a program to purchase permanent easements
in wetlands or buffer strips that were used or had a his-
t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3811
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 3811. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2349
TITLE 16—CONSERVATION
§ 3821
1 See Change of Name note below.
AMENDMENTS
2014—Subsec. (d)(4). Pub. L. 113–79 added par. (4).
§ 3813. Soil surveys
The Secretary shall, as soon as is practicable
after December 23, 1985, complete soil surveys on
those private lands that do not have a soil sur-
vey suitable for use in determining the land ca-
pability class for purposes of this subchapter. In
carrying out this section, the Secretary shall,
insofar as possible, concentrate on those local-
ities where significant amounts of highly erod-
ible land are being converted to the production
of agricultural commodities.
(Pub. L. 99–198, title XII, § 1214, formerly § 1213,
Dec. 23, 1985, 99 Stat. 1507; renumbered § 1214,
Pub. L. 104–127, title III, § 315(a)(1), Apr. 4, 1996,
110 Stat. 983.)
§ 3814. Notice and investigation of possible com-
pliance deficiencies
(a) In general
An employee of the Department of Agriculture
who observes a possible compliance deficiency
or other potential violation of a conservation
plan or this subchapter while providing on-site
technical assistance shall provide to the respon-
sible persons, not later than 45 days after ob-
serving the possible violation, information re-
garding actions needed to comply with the plan
and this subchapter. The employee shall provide
the information in lieu of reporting the observa-
tion as a compliance violation.
(b) Corrective action
The responsible persons shall attempt to cor-
rect the deficiencies as soon as practicable after
receiving the information.
(c) Review
If the corrective action is not fully imple-
mented not later than 1 year after the respon-
sible persons receive the information, the Sec-
retary may conduct a review of the status of
compliance of the persons with the con
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3821
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 3821. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2126
TITLE 7—AGRICULTURE
§ 7916
(b) Transfer or change of interest in farm
(1) Termination
Except as provided in paragraph (2), a trans-
fer of (or change in) the interest of the pro-
ducers on a farm in base acres for which direct
payments or counter-cyclical payments are
made shall result in the termination of the
payments with respect to the base acres, un-
less the transferee or owner of the acreage
agrees to assume all obligations under sub-
section (a). The termination shall take effect
on the date determined by the Secretary.
(2) Exception
If a producer entitled to a direct payment or
counter-cyclical payment dies, becomes in-
competent, or is otherwise unable to receive
the payment, the Secretary shall make the
payment, in accordance with rules issued by
the Secretary.
(c) Acreage reports
As a condition on the receipt of any benefits
under this subchapter or subchapter II, the Sec-
retary shall require producers on a farm to sub-
mit to the Secretary annual acreage reports
with respect to all cropland on the farm.
(d) Tenants and sharecroppers
In carrying out this subchapter, the Secretary
shall provide adequate safeguards to protect the
interests of tenants and sharecroppers.
(e) Sharing of payments
The Secretary shall provide for the sharing of
direct payments and counter-cyclical payments
among the producers on a farm on a fair and eq-
uitable basis.
(Pub. L. 107–171, title I, § 1105, May 13, 2002, 116
Stat. 152.)
Editorial Notes
REFERENCES IN TEXT
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
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7916
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.