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7 U.S.C. § 8716 — Producer agreement required as condi-
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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
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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
national average yield under this section.
(3) Use of partial county average yield
If the yield per planted acre for a crop of a
designated oilseed or pulse crop for a farm for
any of the 1998 through 2001 crop years was
less than 75 percent of the county yield for
that designated oilseed or pulse crop, the Sec-
retary shall assign a yield for that crop year
equal to 75 percent of the county yield for the
purpose of determining the average under
paragraph (1).
(4) No historic yield data available
In the case of establishing yields for des-
ignated oilseeds and eligible pulse crops, if his-
toric yield data is not available, the Secretary
shall use the ratio for dry peas calculated
under paragraph (2)(A)(ii) in determining the
yields for designated oilseeds and eligible
pulse crops, as determined to be fair and equi-
table by the Secretary.
(Pub. L. 110–234, title I, § 1102, May 22, 2008, 122
Stat. 940; Pub. L. 110–246, § 4(a), title I, § 1102,
June 18, 2008, 122 Stat. 1664, 1669.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 enacted identical
sections. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment 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 a note under section 8701 of
this title.
§ 8713. Repealed. Pub. L. 113–79, title I, § 1101,
Feb. 7, 2014, 128 Stat. 658
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.
§ 8714. Repealed. Pub. L. 113–79, title I, § 1102(a),
Feb. 7, 2014, 128 Stat. 658
Section, Pub. L. 110–234, title I, § 1104, May 22, 2008, 122
Stat. 942; Pub. L. 110–246, § 4(a), title I, § 1104, June 18,
2008, 122 Stat. 1664, 1671, related to availability of
counter-cyclical payments for 2008 through 2012 crop
years.
Statutory Notes and Related Subsidiaries
CONTINUED APPLICATION FOR 2013 CROP YEAR
Pub. L. 113–79, title I, § 1102(b), Feb. 7, 2014, 128 Stat.
658, provided that: ‘‘Sections 1104 and 1304 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8714,
8754), as in effect on the day before the date of enact-
ment 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)) and peanuts on a farm.’’
§ 8715. Repealed. Pub. L. 113–79, title I, § 1103(a),
Feb. 7, 2014, 128 Stat. 658
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 rev-
enue election program available during each of the
2009, 2010, 2011, and 2012 crop years.
Statutory Notes and Related Subsidiaries
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, Conserva-
tion, and Energy Act of 2008 (7 U.S.C. 8715), 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)) 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.’’
§ 8716. Producer agreement required as condi-
tion of provision of payments
(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
Page 2225
TITLE 7—AGRICULTURE
§ 8716
1 See References in Text note below.
agree, during the crop year for which the pay-
ments are made and in exchange for the pay-
ments—
(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
et seq.);
(B) to comply with applicable wetland pro-
tection requirements under subtitle C of
title XII of that Act (16 U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility
requirements of section 8717 of this title;
(D) to use the land on the farm, in a quan-
tity equal to the attributable base acres for
the farm and any base acres for peanuts for
the farm under subchapter III, for an agri-
cultural or conserving use, and not for a
nonagricultural commercial, industrial, or
residential use, as determined by the Sec-
retary; and
(E) to effectively control noxious weeds
and otherwise maintain the land in accord-
ance with sound agricultural practices, as
determined by the Secretary, if the agricul-
tural or conserving use involves the noncul-
tivation 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 pro-
ducer 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 con-
sistent with the objectives of this subsection,
as determined by the Secretary.
(b) Transfer or change of interest in farm
(1) Termination
(A) In general
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 pay-
ments are made, or on which average crop
revenue election payments are based, shall
result in the termination of the direct pay-
ments, counter-cyclical payments, or aver-
age crop revenue election payments to the
extent the payments are made or based on
the base acres, unless the transferee or
owner of the acreage agrees to assume all
obligations under subsection (a).
(B) Effective date
The termination shall take effect on the
date determined by the Secretary.
(2) Exception
If a producer entitled to a direct payment,
counter-cyclical payment, or average crop rev-
enue election payment dies, becomes incom-
petent, or is otherwise unable to receive the
payment, the Secretary shall make the pay-
ment, in accordance with rules issued by the
Secretary.
(c) Reports
(1) 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 re-
ports with respect to all cropland on the farm.
(2) Production reports
As a condition on the receipt of any benefits
under this subchapter or subchapter II, the
Secretary shall require producers on a farm
that receive payments under section 8715 1 of
this title to submit to the Secretary annual
production reports with respect to all covered
commodities and peanuts produced on the
farm.
(3) Penalties
No penalty with respect to benefits under
this subchapter or subchapter II shall be as-
sessed against the producers on a farm for an
inaccurate acreage or production report unless
the producers on the farm knowingly and will-
fully falsified the acreage or production re-
port.
(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, counter-cyclical payments, or
average crop revenue election payments among
the producers on a farm on a fair and equitable
basis.
(f) Extension of 2008 signup
(1) In general
Notwithstanding any other provision of law,
the Secretary shall extend the 2008 crop year
deadline for the signup for benefits under this
subchapter by producers on a farm with base
acres of 10 acres or less until the later of—
(A) November 14, 2008; or
(B) the end of the 45-day period beginning
on October 13, 2008.
(2) Penalties
The Secretary shall ensure that no penalty
with respect to benefits under this subchapter
or subchapter II is assessed against producers
on a farm described in paragraph (1) for failure
to submit reports under this section or timely
comply with other program requirements as a
result of compliance with the extended signup
deadline under that paragraph.
(Pub. L. 110–234, title I, § 1106, May 22, 2008, 122
Stat. 949; Pub. L. 110–246, § 4(a), title I, § 1106,
June 18, 2008, 122 Stat. 1664, 1677; Pub. L. 110–398,
§ 1(b)(1), Oct. 13, 2008, 122 Stat. 4213.)
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 Title 16,
Conservation. For complete classification of this Act to
the Code, see Short Title of 1985 Amendment note set
out under section 1281 of this title and Tables.
Page 2226
TITLE 7—AGRICULTURE
§ 8717
Section 8715 of this title, referred to in subsec. (c)(2),
was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7,
2014, 128 Stat. 658.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 enacted identical
sections. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
AMENDMENTS
2008—Subsec. (f). Pub. L. 110–398 added subsec. (f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment 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 a note under section 8701 of
this title.
§ 8717. Planting flexibility
(a) Permitted crops
Subject to subsection (b), any commodity or
crop may be planted on base acres on a farm.
(b) Limitations regarding certain commodities
(1) General limitation
The planting of an agricultural commodity
specified in paragraph (3) shall be prohibited
on base acres unless the commodity, if plant-
ed, is destroyed before harvest.
(2) Treatment of trees and other perennials
The planting of an agricultural commodity
specified in paragraph (3) that is produced on
a tree or other perennial plant shall be prohib-
ited on base acres.
(3) Covered agricultural commodities
Paragraphs (1) and (2) apply to the following
agricultural commodities:
(A) Fruits.
(B) Vegetables (other than mung beans and
pulse crops).
(C) Wild rice.
(c) Exceptions
Paragraphs (1) and (2) of subsection (b) shall
not limit the planting of an agricultural com-
modity specified in paragraph (3) of that sub-
section—
(1) in any region in which there is a history
of double-cropping of covered commodities
with agricultural commodities specified in
subsection (b)(3), as determined by the Sec-
retary, in which case the double-cropping shall
be permitted;
(2) on a farm that the Secretary determines
has a history of planting agricultural com-
modities specified in subsection (b)(3) on base
acres,
except
that
direct
payments
and
counter-cyclical payments shall be reduced by
an acre for each acre planted to such an agri-
cultural commodity; or
(3) by the producers on a farm that the Sec-
retary determines has an established planting
history of a specific agricultural commodity
specified in subsection (b)(3), except that—
(A) the quantity planted may not exceed
the average annual planting history of such
agricultural commodity by the producers on
the farm in the 1991 through 1995 or 1998
through 2001 crop years (excluding any crop
year in which no plantings were made), as
determined by the Secretary; and
(B) direct payments and counter-cyclical
payments shall be reduced by an acre for
each acre planted to such agricultural com-
modity.
(d) Planting transferability pilot project
(1) Pilot project authorized
Notwithstanding paragraphs (1) and (2) of
subsection (b) and in addition to the excep-
tions provided in subsection (c), the Secretary
shall carry out a pilot project to permit the
planting of cucumbers, green peas, lima beans,
pumpkins, snap beans, sweet corn, and toma-
toes grown for processing on base acres during
each of the 2009 through 2012 crop years.
(2) Pilot project States and acres
The number of base acres eligible during
each crop year for the pilot project under
paragraph (1) shall be—
(A) 9,000 acres in the State of Illinois;
(B) 9,000 acres in the State of Indiana;
(C) 1,000 acres in the State of Iowa;
(D) 9,000 acres in the State of Michigan;
(E) 34,000 acres in the State of Minnesota;
(F) 4,000 acres in the State of Ohio; and
(G) 9,000 acres in the State of Wisconsin.
(3) Contract and management requirements
To be eligible for selection to participate in
the pilot project, the producers on a farm
shall—
(A) demonstrate to the Secretary that the
producers on the farm have entered into a
contract to produce a crop of a commodity
specified in paragraph (1) for processing;
(B) agree to produce the crop as part of a
program of crop rotation on the farm to
achieve agronomic and pest and disease
management benefits; and
(C) provide evidence of the disposition of
the crop.
(4) Temporary reduction in base acres
The base acres on a farm for a crop year
shall be reduced by an acre for each acre
planted under the pilot program.
(5) Duration of reductions
The reduction in the base acres of a farm for
a crop year under paragraph (4) shall expire at
the end of the crop year.
(6) Recalculation of base acres
(A) In general
If the Secretary recalculates base acres for
a farm while the farm is included in the
pilot project, the planting and production of
a crop of a commodity specified in paragraph
(1) on base acres for which a temporary re-
duction was made under this section shall be
considered to be the same as the planting
and production of a covered commodity.
(B) Prohibition
Nothing in this paragraph provides author-
ity for the Secretary to recalculate base
acres for a farm.
(7) Pilot impact evaluation
(A) In general
The Secretary shall periodically evaluate
the pilot project conducted under this sub-
Cross-references
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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
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
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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
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
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall make available to the Farm Service Agency to carry out this chapter $50,000,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8702
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Federal law — U.S. Code and appendices · legal_authorities
Page 2221
TITLE 7—AGRICULTURE
§ 8702
1 See References in Text note below.
Stat. 2209) relating to determination on the merits of
Pigford claims.
‘‘(9) HEARTLAND, HABITAT, HARVEST, AND
HORTI-
CULTURE ACT OF 2008.—Subsection (a) does not apply
with respect to title XV of the Food, Conservation,
and Energy Act of 2008 (Public Law 110–246; 122 Stat.
2246), and amendments made by that title, relating to
the provision of supplemental agricultural disaster
assistance under title IX of the Trade Act of 1974 (19
U.S.C. 2497 et seq.), certain revenue and tax provi-
sions, and certain trade benefits and other matters.
‘‘(j) EFFECTIVE DATE.—Except as otherwise provided
in this section, this section and the amendments made
by this section take effect on the earlier of—
‘‘(1) the date of the enactment of this Act [Jan. 2,
2013]; or
‘‘(2) September 30, 2012.’’
APPLICABILITY OF EXPLANATORY STATEMENT IN HOUSE
REPORT 110–627 TO PUB. L. 110–246
Pub. L. 110–246, § 3, June 18, 2008, 122 Stat. 1664, pro-
vided that: ‘‘The Joint Explanatory Statement sub-
mitted by the Committee of Conference for the con-
ference report to accompany H.R. 2419 of the 110th Con-
gress (House Report 110–627) shall be deemed to be part
of the legislative history of this Act [Pub. L. 110–246,
see Tables for classification] and shall have the same
effect with respect to the implementation of this Act as
it would have had with respect to the implementation
of H.R. 2419 [enacted as Pub. L. 110–234].’’
§ 8702. Definitions
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 pro-
ducers on a farm under section 8715 1 of this
title.
(2) Base acres
(A) In general
The term ‘‘base acres’’
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8702
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and purpose** For the purpose of making direct payments and counter-cyclical payments under this subchapter, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&num=0&edition=prelim) 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 eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated 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 designated 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 determines to be fair and equitable to establish a national average yield under this section.
(3) **Use of partial county average yield
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8714
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 8714. This identifies an authority to review, not proof of applicability.
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. § 8714
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 8714. This identifies an authority to review, not proof of applicability.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8715
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 8715. This identifies an authority to review, not proof of applicability.
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 8715. This identifies an authority to review, not proof of applicability.