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7 U.S.C. § 8715 — Repealed. Pub. L. 113–79, title I, § 1101, Feb. 7, 2014, 128 Stat. 658
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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Source location: Title 7, Chapter 113, § 8715; chapter-113-agricultural-commodity-support-programs.md
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### 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) Definitions** In this section:
(1) **Actual production history yield** — The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated 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 the noninsured crop disaster assistance program, respectively.
(2) **Actual production on the farm** — The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
(3) **Adjusted actual production history yield** — The term “adjusted actual production history yield” means—
(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 508(g)(4)(B) of the Federal Crop Insurance Act ([7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)), the actual production history for the eligible producer without regard to any yields established under that section;
(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [[7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)], the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of tha
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Actual production history yield** — The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under subchapter I or the noninsured crop disaster assistance program, respectively.
(2) **Actual production on the farm** — The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
(3) **Adjusted actual production history yield** — The term “adjusted actual production history yield” means—
(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim), the actual production history for the eligible producer without regard to any yields established under that section;
(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim), the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim); and
(C) in all other cases, the actual production history of the eligible producer on a f
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
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 producers on a farm under section 8715 11 See References in Text note below. of this title.
(2) **Base acres**
(A) *In general* — 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) as in effect on September 30, 2007, subject to any adjustment under [section 8711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8711&num=0&edition=prelim).
(B) *Peanuts* — The term “base acres for peanuts” has the meaning given the term in [section 8751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8751&num=0&edition=prelim).
(3) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under section 8714 1 of this title.
(4) **Covered commodity** — The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, long grain rice, medium grain rice, pulse crops, soybeans, and other oilseeds.
(5) **Direct payment** — The term “direct payment” means a payment made to producers on a farm under section 8713 1 of this title.
(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 8714 1 of this title to determine whether counter-cyclical payments are required to be made for that crop year.
(7) **Extra long staple cotton** — The term “extra long staple cotton” m
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8712
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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.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8717
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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
**(a) 2008 crop year** For purposes of the 2008 crop year, the loan rate for a marketing assistance loan under [section 8731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8731&num=0&edition=prelim) for a loan commodity shall be equal to the following:
(1) In the case of wheat, $2.75 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.85 per bushel.
(5) In the case of oats, $1.33 per bushel.
(6) In the case of base quality of upland cotton, $0.52 per pound.
(7) In the case of extra long staple cotton, $0.7977 per pound.
(8) In the case of long grain rice, $6.50 per hundredweight.
(9) In the case of medium grain rice, $6.50 per hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $9.30 per hundredweight for each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $6.22 per hundredweight.
(13) In the case of lentils, $11.72 per hundredweight.
(14) In the case of small chickpeas, $7.43 per hundredweight.
(15) In the case of graded wool, $1.00 per pound.
(16) In the case of nongraded wool, $0.40 per pound.
(17) In the case of mohair, $4.20 per pound.
(18) In the case of honey, $0.60 per pound.
**(b) 2009 crop year** Except as provided in section 8715 11 See References in Text note below. of this title, for purposes of the 2009 crop year, the loan rate for a marketing assistance loan under [section 8731 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. § 8734
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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 or counter-cyclical payments under this subchapter, or average crop revenue election payments under section 8715 11 See References in Text note below. of this title, 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 8756 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8756&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, 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8757
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonrecourse loans available**
(1) **Availability** — For each of the 2008 through 2012 crops of peanuts, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for peanuts produced on the farm.
(2) **Terms and conditions** — The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under subsection (b).
(3) **Eligible production** — The producers on a farm shall be eligible for a marketing assistance loan under this subsection for any quantity of peanuts produced on the farm.
(4) **Options for obtaining loan** — A marketing assistance loan under this subsection, and loan deficiency payments under subsection (e), may be obtained at the option of the producers on a farm through—
(A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or
(B) the Farm Service Agency.
(5) **Storage of loan peanuts** — As a condition on the Secretary’s approval of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree—
(A) to provide such storage on a nondiscriminatory basis; and
(B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section.
(6) **Storage, handling, and associated costs**
(A) *In general* — Beginning with the 2008 crop of peanuts, to ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed un
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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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