7 U.S.C. § 1471g — Benefits limitation

Page 793 TITLE 7—AGRICULTURE § 1471g 1 See References in Text note below. Subsec. (c). Pub. L. 101–82, § 203, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 15 days after Aug. 11, 1988, see sec- tion 101(c)(1) of Pub. L. 100–387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title. § 1471f. Use of Commodity Credit Corporation The Secretary shall carry out this subchapter through the use of the funds, facilities, and au- thorities of the Commodity Credit Corporation. (Oct. 31, 1949, ch. 792, title VI, § 608, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 930.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 15 days after Aug. 11, 1988, see sec- tion 101(c)(1) of Pub. L. 100–387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title. § 1471g. Benefits limitation (a) Total amount of benefits The total amount of benefits that a person shall be entitled to receive annually under one or more of the programs established under this subchapter may not exceed $50,000. (b) Issuance of regulations The Secretary shall issue regulations— (1) defining the term ‘‘person’’, which shall conform, to the extent practicable, to the reg- ulations defining the term ‘‘person’’ issued under section 1308 of this title (before the amendment made by section 1603(a) 1 of the Food, Conservation, and Energy Act of 2008), or successor statute; (2) prescribing such rules as the Secretary determines necessary to ensure a fair and rea- sonable application of the limitation estab- lished under this section; and (3) providing that the term ‘‘person’’ shall include, in the case of any cooperative associa- tion of producers, each member of the associa- tion with respect to benefits due to such mem- ber of the association. (c) Receipt of other disaster payments No person may receive benefits under this sub- chapter attributable to lost production of a feed commodity due to a natural disaster in 1988 to the extent that such person receives a disaster payment under the Disaster Assistance Act of 1988 on such lost production. (d) Total combined payment and benefits limita- tion Each person otherwise eligible for a livestock emergency benefit under this subchapter in 1988 shall be subject to the combined payment and benefits limitation established under section 211(c) of the Disaster Assistance Act of 1988. (Oct. 31, 1949, ch. 792, title VI, § 609, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 930; amended Pub. L. 110–234, title I, § 1603(g)(2), May 22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title I, § 1603(g)(2), June 18, 2008, 122 Stat. 1664, 1739; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709.) Editorial Notes REFERENCES IN TEXT Section 1308 of this title (before the amendment made by section 1603(a) of the Food, Conservation, and En- ergy Act of 2008), referred to in subsec. (b)(1), probably means section 1308 of this title before the amendment made by section 1603(b)(3)(A) of that Act, Pub. L. 110–246, which struck out provisions in section 1308 of this title relating to issuance of regulations defining the term ‘‘person’’. The Disaster Assistance Act of 1988, referred to in subsecs. (c) and (d), is Pub. L. 100–387, Aug. 11, 1988, 102 Stat. 924. Section 211(c) of that act is set out as a note under section 1421 of this title. For complete classifica- tion of this Act to the Code, see Short Title of 1988 Amendment note set out under section 1421 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2014—Subsec. (b)(1). Pub. L. 113–79, § 1609(b)(1), amend- ed language inserted by Pub. L. 110–246, § 1603(g)(2). See 2008 Amendment note below. 2008—Subsec. (b)(1). Pub. L. 110–246, § 1603(g)(2), as amended by Pub. L. 113–79, § 1609(b)(1), inserted ‘‘(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)’’ after ‘‘section 1308 of this title’’. Page 794 TITLE 7—AGRICULTURE § 1471h Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–79, title I, § 1609(b)(2), Feb. 7, 2014, 128 Stat. 709, provided that: ‘‘This subsection [amending this sec- tion, sections 1524 and 8204 of this title, section 2106a of Title 16, Conservation, and section 2401 of Title 19, Cus- toms Duties] and the amendments made by this sub- section take effect as if included in the Food, Conserva- tion, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1651 [see Effective Date of 2008 Amendment note below]).’’ EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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 an Effective Date note under section 8701 of this title. EFFECTIVE DATE Section effective 15 days after Aug. 11, 1988, with sub- secs. (c) and (d) of this section applicable only with re- spect to any livestock emergency in 1988, see section 101(c) of Pub. L. 100–387, set out as an Effective and Ter- mination Dates of 1988 Amendment note under section 1427 of this title. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title. § 1471h. Ineligibility (a) Any person that has qualifying gross reve- nues in excess of $2,500,000 annually, as deter- mined by the Secretary, shall not be eligible to receive any livestock emergency benefits under this subchapter. (b) For purposes of this section, the term ‘‘qualifying gross revenue’’ means— (1) if a majority of the person’s annual in- come is received from farming and ranching operations, the gross revenue from the per- son’s farming and ranching operations; and (2) if less than a majority of the person’s an- nual income is received from farming and ranching operations, the person’s gross rev- enue from all sources. (Oct. 31, 1949, ch. 792, title VI, § 610, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 931.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 15 days after Aug. 11, 1988, see sec- tion 101(c)(1) of Pub. L. 100–387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title. § 1471i. Administration (a) Regulations The Commodity Credit Corporation shall issue regulations to carry out this subchapter. (b) Processing and decisions to be made as quickly as practicable Such regulations shall establish procedures to ensure that the request for assistance by a Gov- ernor or county committee under section 1471b of this title, and individual applications of live- stock producers under section 1471c of this title for assistance, are processed and decisions there- on are made as quickly as practicable. (c) Indigenous plants not considered feed on hand For purposes of this subchapter, indigenous plants available to a livestock producer but not normally consumed by livestock as feed, such as cactus, may not be considered as feed on hand for such producers. (Oct. 31, 1949, ch. 792, title VI, § 611, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 931.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 15 days after Aug. 11, 1988, see sec- tion 101(c)(1) of Pub. L. 100–387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title. § 1471j. Penalties A person that disposes of any feed made avail- able to a livestock producer under this sub- chapter other than as authorized by the Sec- retary shall be (1) subject to a civil penalty equal to the market value of the feed involved, to be recovered by the Secretary in a civil suit