7 U.S.C. § 8751 — Definitions

Page 2236 TITLE 7—AGRICULTURE § 8751 1 See References in Text note below. with a leaf grade that is 1 better than the applicable color grade. (C) Discretionary revisions Revisions under subparagraph (A) may in- clude— (i) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection; (ii) adjustments in the premiums or dis- counts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the cal- culations of the premiums or discounts; and (iii) such other adjustments as the Sec- retary determines appropriate, after con- sultations conducted in accordance with paragraph (3). (3) Consultation with private sector (A) Prior to revision In making adjustments to the loan rate for cotton (including any review of the adjust- ments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry. (B) Inapplicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to con- sultations under this subsection. (4) Review of adjustments The Secretary may review the operation of the upland cotton quality adjustments imple- mented pursuant to this subsection and may make further revisions to the administration of the loan program for upland cotton, by— (A) revoking or revising any actions taken under paragraph (2)(B); or (B) revoking or revising any actions taken or authorized to be taken under paragraph (2)(C). (e) Rice The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields). (Pub. L. 110–234, title I, § 1210, May 22, 2008, 122 Stat. 965; Pub. L. 110–246, § 4(a), title I, § 1210, June 18, 2008, 122 Stat. 1664, 1693; Pub. L. 117–286, § 4(a)(42), Dec. 27, 2022, 136 Stat. 4310.) Editorial Notes REFERENCES IN TEXT This subtitle and subtitles B through E, referred to in subsec. (b), probably means subtitle B (§ 1201 et seq.) and subtitles C (§ 1301 et seq.), D (§ 1401 et seq.), and E (§ 1501 et seq.) of title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1681. Subtitles B and C are classified generally to this subchapter and subchapter III (§ 8751 et seq.), re- spectively, of this chapter. Subtitle D enacted sections 1359kk, 1359ll, and 7287 of this title, amended sections 1359aa to 1359gg, 1359ii, 7272, and 7971 of this title, re- pealed former section 1359kk of this title, and enacted provisions set out as notes under sections 3602 and 7272 of this title. Subtitle E enacted subchapter IV (§ 8771 et seq.) of this chapter and amended sections 608c, 1637b, 4502, 4504, 4531, and 4553 of this title and section 713a–14 of Title 15, Commerce and Trade. For complete classi- fication of subtitles B to E to the Code, see Tables. The date of enactment of this Act, referred to in sub- sec. (d)(2)(A), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. 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 2022—Subsec. (d)(3)(B). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Com- mittee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 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. SUBCHAPTER III—PEANUTS § 8751. 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 pur- suant to section 7952 of this title, as in effect on September 30, 2007, subject to any adjust- ment under section 8752 of this title. (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. (2) Counter-cyclical payment The term ‘‘counter-cyclical payment’’ means a payment made to producers on a farm under section 8754 1 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 re- quired 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 per- Page 2237 TITLE 7—AGRICULTURE § 8752 cent of the base acres for peanuts on a farm on which direct payments are made. (6) Payment yield The term ‘‘payment yield’’ means the yield established for direct payments and the yield established for counter-cyclical payments under section 7952 of this title, as in effect on September 30, 2007, for a farm for peanuts. (7) Producer (A) In general The term ‘‘producer’’ means an owner, op- erator, 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 pro- duced. (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the exist- ence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this subchapter. (8) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (9) Target price The term ‘‘target price’’ means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments. (10) United States The term ‘‘United States’’, when used in a geographical sense, means all of the States. (Pub. L. 110–234, title I, § 1301, May 22, 2008, 122 Stat. 966; Pub. L. 110–246, § 4(a), title I, § 1301, June 18, 2008, 122 Stat. 1664, 1695.) Editorial Notes REFERENCES IN TEXT Section 8754 of this title, referred to in pars. (2) and (4), was repealed by Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658. Section 8753 of this title, referred to in par. (3), was repealed by Pub. L. 113–79, title I, § 1101, 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. 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. § 8752. Base acres for peanuts for a farm (a) Adjustment of base acreage for peanuts (1) In general The Secretary shall provide for an adjust- ment, as appropriate, in the base acres for pea- nuts for a farm whenever any of the following circumstances occur: (A) A conservation reserve contract en- tered into under section 1231 of the Food Se- curity Act of 1985 (16 U.S.C. 3831) with re- spect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (B) Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title. (D) The producer has eligible oilseed acre- age as the result of the Secretary desig- nating additional oilseeds, which shall be de- termined in the same manner as eligible oil- seed acreage under section 7911(a)(2) of this title. (2) Special conservation reserve acreage pay- ment rules For the crop year in which a base acres for peanuts adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive either direct payments and counter-cyclical payments with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both. (b) Prevention of excess base acres for peanuts (1) Required reduction If the sum of the base acres for peanuts for a farm, together with the acreage described in paragraph (2), exceeds the actual cropland acreage of the farm, the Secretary shall re- duce the base acres for peanuts for the farm or the base acres for 1 or more covered commod- ities for the farm so that the sum of the base acres for peanuts and acreage described in paragraph (2) does not exceed the actual crop- land acreage of the farm. (2) Other acreage For purposes of paragraph (1), the Secretary shall include the following: (A) Any base acres for the farm for a cov- ered commodity. (B) Any acreage on the farm enrolled in the conservation reserve program or wet- lands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.). (C) Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not pro- ducing an agricultural commodity on the acreage.