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7 U.S.C. § 7952 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7952 — Definitions

In this subchapter: (1) **Base acres for peanuts** — The term “base acres for peanuts” means the number of acres assigned to a farm by historic peanut producers pursuant to [section 7952(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/b&num=0&edition=prelim). (2) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made under [section 7954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7954&num=0&edition=prelim). (3) **Effective price** — The term “effective price” means the price calculated by the Secretary under [section 7954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7954&num=0&edition=prelim) for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year. (4) **Direct payment** — The term “direct payment” means a payment made under [section 7953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7953&num=0&edition=prelim). (5) **Historic peanut producer** — The term “historic peanut producer” means a producer on a farm in the United States that produced or was prevented from planting peanuts during any or all of the 1998 through 2001 crop years. (6) **Payment acres** — The term “payment acres” means— (A) for the 2002 crop of peanuts, 85 percent of the average acreage determined under [section 7952(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/a/2&num=0&edition=prelim) for an historic peanut producer; and (B) for the 2003 through 2007 crops of peanuts, 85 percent of the base acres for peanuts assigned to a farm under [section 7952(b) of this

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Stable record: federal_law:legal_authorities:record_usc_eb70e194ba5df534252aaace
Source file: Laws/federal/codes/united-states-code/title-7/section-7952-definitions--712459221f.md
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Passage SHA-256: a15fa8ebe44b3a0e871169a821c6f67e6255de324989314162d3a7675ca9840d

Source location: Title 7, Chapter 106, § 7952; chapter-106-commodity-programs.md

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In this subchapter: (1) **Base acres for peanuts** — The term “base acres for peanuts” means the number of acres assigned to a farm by historic peanut producers pursuant to [section 7952(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/b&num=0&edition=prelim). (2) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made under [section 7954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7954&num=0&edition=prelim). (3) **Effective price** — The term “effective price” means the price calculated by the Secretary under [section 7954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7954&num=0&edition=prelim) for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year. (4) **Direct payment** — The term “direct payment” means a payment made under [section 7953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7953&num=0&edition=prelim). (5) **Historic peanut producer** — The term “historic peanut producer” means a producer on a farm in the United States that produced or was prevented from planting peanuts during any or all of the 1998 through 2001 crop years. (6) **Payment acres** — The term “payment acres” means— (A) for the 2002 crop of peanuts, 85 percent of the average acreage determined under [section 7952(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/a/2&num=0&edition=prelim) for an historic peanut producer; and (B) for the 2003 through 2007 crops of peanuts, 85 percent of the base acres for peanuts assigned to a farm under [section 7952(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/b&num=0&edition=prelim). (7) **Payment yield** — The term “payment yield” means the yield assigned to a farm by historic peanut producers pursuant to [section 7952(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/b&num=0&edition=prelim). (8) **Producer** — The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop on a farm and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract and shall ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this subchapter. (9) **Secretary** — The term “Secretary” means the Secretary of Agriculture. (10) **State** — The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (11) **Target price** — The term “target price” means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments. (12) **United States** — The term “United States”, when used in a geographical sense, means all of the States.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7954 — Availability of direct payments for peanuts

**(a) Payment required** (1) **2002 crop year** — For the 2002 crop year, the Secretary shall make direct payments under this section to historic peanut producers. (2) **Subsequent crop years** — For each of the 2003 through 2007 crop years for peanuts, the Secretary shall make direct payments to the producers on a farm to which a payment yield and base acres for peanuts are assigned under [section 7952 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952&num=0&edition=prelim). **(b) Payment rate** The payment rate used to make direct payments with respect to peanuts for a crop year shall be equal to $36 per ton. **(c) Payment amount for 2002 crop year** The amount of the direct payment to be paid to an historic peanut producer for the 2002 crop of peanuts shall be equal to the product of the following: (1) The payment rate specified in subsection (b). (2) The payment acres of the historic peanut producer. (3) The average peanut yield determined under [section 7952(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952/a/1&num=0&edition=prelim) for the historic peanut producer. **(d) Payment amount for subsequent crop years** The amount of the direct payment to be paid to the producers on a farm for the 2003 through 2007 crops of peanuts shall be equal to the product of the following: (1) The payment rate specified in subsection (b). (2) The payment acres on the farm. (3) The payment yield for the farm. **(e) Time for payment** (1) **In general** — The Secretary shall make direct payments— (A) in the case of the 2002 crop year, as soon as practicable after May 13, 2002; and (B) in the case of each of the 2003 through 2007 crop years, not later than September 30 of

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7953 — Establishment of payment yield and base acres for peanuts for a farm

**(a) Average yield and acreage average for historic peanut producers** (1) **Determination of average yield** (A) *In general* — The Secretary shall determine, for each historic peanut producer, the average yield for peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years, excluding any crop year in which the producer did not plant or was prevented from planting peanuts. (B) *Assigned yields* — For the purposes of determining the 4-year average yield for an historic peanut producer under this paragraph, the historic peanut producer may elect to substitute for a farm, for not more than 3 of the 1998 through 2001 crop years in which the producer planted peanuts on the farm, the average yield for peanuts produced in the county in which the farm is located for the 1990 through 1997 crop years. (2) **Determination of acreage average** (A) *In general* — The Secretary shall determine, for each historic peanut producer, the 4-year average of the following: (i) Acreage planted to peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years. (ii) Any acreage on each farm that the historic peanut producer was prevented from planting to peanuts during the 1998 through 2001 crop years because of drought, flood, or other natural disaster, or other condition beyond the control of the historic peanut producer, as determined by the Secretary. (B) *Inclusion of all 4 years in average* — For the purposes of determining the 4-year acreage average for an historic peanut producer under this paragraph, the Secretary shall not exclude any crop year in which the producer did not plant peanuts. (C) *Proportional shares* — If more than 1 h

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7955 — Availability of counter-cyclical payments for peanuts

**(a) Payment required** (1) **In general** — During the 2002 through 2007 crop years for peanuts, the Secretary shall make counter-cyclical payments under this section with respect to peanuts if the Secretary determines that the effective price for peanuts is less than the target price for peanuts. (2) **2002 crop year** — If counter-cyclical payments are required for the 2002 crop year, the Secretary shall make the payments to historic peanut producers. (3) **Subsequent crop years** — If counter-cyclical payments are required for any of the 2003 through 2007 crop years for peanuts, the Secretary shall make the payments to the producers on a farm to which a payment yield and base acres for peanuts are assigned under [section 7952 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952&num=0&edition=prelim). **(b) Effective price** For purposes of subsection (a), the effective price for peanuts is equal to the sum of the following: (1) The higher of the following: (A) The national average market price for peanuts received by producers during the 12-month marketing year for peanuts, as determined by the Secretary. (B) The national average loan rate for a marketing assistance loan for peanuts in effect for the applicable period under this subchapter. (2) The payment rate in effect under [section 7953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7953&num=0&edition=prelim) for the purpose of making direct payments. **(c) Target price** For purposes of subsection (a), the target price for peanuts shall be equal to $495 per ton. **(d) Payment rate** The payment rate used to make counter-cyclical payments for a crop year shall be equal to the difference between— (1) the target pr

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7956 — Producer agreement required as condition on provision of direct payments and counter-cyclical payments

**(a) Compliance with certain requirements** (1) **Requirements** — Before the producers on a farm may receive direct payments or counter-cyclical payments under this subchapter 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 7956 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7956&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 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 ow

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8753 — Definitions

In this subchapter: (1) **Base acres for peanuts** (A) *In general* — The term “base acres for peanuts” means the number of acres assigned to a farm pursuant to [section 7952 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7952&num=0&edition=prelim), as in effect on September 30, 2007, subject to any adjustment under [section 8752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8752&num=0&edition=prelim). (B) *Covered commodities* — The term “base acres”, with respect to a covered commodity, has the meaning given the term in [section 8711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8711&num=0&edition=prelim). (2) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under section 8754 11 See References in Text note below. of this title. (3) **Direct payment** — The term “direct payment” means a direct payment made to producers on a farm under section 8753 1 of this title. (4) **Effective price** — The term “effective price” means the price calculated by the Secretary under section 8754 1 of this title for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year. (5) **Payment acres** — The term “payment acres” means, in the case of direct payments and counter-cyclical payments— (A) except as provided in subparagraph (B), 85 percent of the base acres of peanuts on a farm on which direct payments or counter-cyclical payments are made; and (B) in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 percent of the base acres for peanuts on a farm on which direct payments are made. (6) **Paym

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7952 — Establishment of payment yield and base

Page 2134 TITLE 7—AGRICULTURE § 7951 (3) High moisture state defined In this subsection, the term ‘‘high moisture state’’ means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 7931 of this title. (b) Recourse loans available for seed cotton For each of the 2002 through 2007 crops of up- land cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production. (c) Repayment rates Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 7283 of this title). (d) Termination of superseded loan authority Notwithstanding section 7237 of this title, re- course loans shall not be made for the 2002 crop of corn, grain sorghum, and seed cotton under such section. (Pub. L. 107–171, title I, § 1209, May 13, 2002, 116 Stat. 165.) SUBCHAPTER III—PEANUTS § 7951. Definitions In this subchapter: (1) Base acres for peanuts The term ‘‘base acres for peanuts’’ means the number of acres assigned to a farm by his- toric peanut producers pursuant to section 7952(b) of this title. (2) Counter-cyclical payment The term ‘‘counter-cyclical payment’’ means a payment made under section 7954 of this title. (3) Effective price The term ‘‘effective price’’ means the price calculated by the Secretary under section 7954 of this title for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year. (4) Direct payment The term ‘‘direct payment’’ means a pay- ment made under section 7953 of this

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