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7 U.S.C. § 8771 — Repealed. Pub. L. 113–79, title I, § 1421,
Federal law — U.S. Code and appendices · legal_authorities
Page 2242
TITLE 7—AGRICULTURE
§ 8758
ducer shall 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.)
and applicable wetland protection requirements
under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(g) Reimbursable agreements and payment of ad-
ministrative expenses
The Secretary may implement any reimburs-
able agreements or provide for the payment of
administrative expenses under this subchapter
only in a manner that is consistent with such
activities in regard to other commodities.
(Pub. L. 110–234, title I, § 1307, May 22, 2008, 122
Stat. 974; Pub. L. 110–246, § 4(a), title I, § 1307,
June 18, 2008, 122 Stat. 1664, 1703.)
Editorial Notes
REFERENCES IN TEXT
Section 8715 of this title, referred to in subsec. (b),
was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7,
2014, 128 Stat. 658.
The Food Security Act of 1985, referred to in subsec.
(f), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Sub-
titles B and C of title XII of the Act are classified gen-
erally to subchapters II (§ 3811 et seq.) and III (§ 3821 et
seq.), respectively, of chapter 58 of Title 16, Conserva-
tion. 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.
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 L. 110–234 was repealed by section 4(a) of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
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Page 2242
TITLE 7—AGRICULTURE
§ 8758
ducer shall 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.)
and applicable wetland protection requirements
under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(g) Reimbursable agreements and payment of ad-
ministrative expenses
The Secretary may implement any reimburs-
able agreements or provide for the payment of
administrative expenses under this subchapter
only in a manner that is consistent with such
activities in regard to other commodities.
(Pub. L. 110–234, title I, § 1307, May 22, 2008, 122
Stat. 974; Pub. L. 110–246, § 4(a), title I, § 1307,
June 18, 2008, 122 Stat. 1664, 1703.)
Editorial Notes
REFERENCES IN TEXT
Section 8715 of this title, referred to in subsec. (b),
was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7,
2014, 128 Stat. 658.
The Food Security Act of 1985, referred to in subsec.
(f), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Sub-
titles B and C of title XII of the Act are classified gen-
erally to subchapters II (§ 3811 et seq.) and III (§ 3821 et
seq.), respectively, of chapter 58 of Title 16, Conserva-
tion. 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.
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.
§ 8758. Adjustments of loans
(a) Adjustment authority
The Secretary may make appropriate adjust-
ments in the loan rates for peanuts for dif-
ferences in grade, type, quality, location, and
other factors.
(b) Manner of adjustment
The adjustments under subsection (a) shall, to
the maximum extent practicable, be made in
such a manner that the average loan level for
peanuts will, on the basis of the anticipated in-
cidence of the factors, be equal to the level of
support determined in accordance with this sub-
chapter and subtitles B, D, and E.
(c) Adjustment on county basis
(1) In general
Subject to paragraph (2), the Secretary may
establish loan rates for a crop of peanuts for
producers in individual counties in a manner
that results in the lowest loan rate being 95
percent of the national average loan rate, if
those loan rates do not result in an increase in
outlays.
(2) Prohibition
Adjustments under this subsection shall not
result in an increase in the national average
loan rate for any year.
(Pub. L. 110–234, title I, § 1308, May 22, 2008, 122
Stat. 977; Pub. L. 110–246, § 4(a), title I, § 1308,
June 18, 2008, 122 Stat. 1664, 1705.)
Editorial Notes
REFERENCES IN TEXT
Subtitles B, D, and E, referred to in subsec. (b), are
subtitles B (§ 1201 et seq.), D (§ 1401 et seq.), and E (§ 1501
et seq.), respectively, of title I of Pub. L. 110–246, June
18, 2008, 122 Stat. 1681. Subtitle B is classified generally
to subchapter II (§ 8731 et seq.) 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, repealed former section 1359kk of this
title, and enacted provisions set out as notes under sec-
tions 3602 and 7272 of this title. Subtitle E enacted sub-
chapter 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 classification of subtitles B, D, and E to
the Code, see Tables.
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.
SUBCHAPTER IV—DAIRY
§ 8771. Repealed. Pub. L. 113–79, title I, § 1421,
Feb. 7, 2014, 128 Stat. 694
Section, Pub. L. 110–234, title I, § 1501, May 22, 2008, 122
Stat. 990; Pub. L. 110–246, § 4(a), title I, § 1501, June 18,
2008, 122 Stat. 1664, 1718, related to the dairy product
price support program.
§ 8772. Dairy forward pricing program
(a) Program required
The Secretary shall establish a program under
which milk producers and cooperative associa-
tions of producers are authorized to voluntarily
enter into forward price contracts with milk
handlers.
(b) Minimum milk price requirements
Payments made by milk handlers to milk pro-
ducers and cooperative associations of pro-
ducers, and prices received by milk producers
and cooperative associations, in accordance with
the terms of a forward price contract authorized
by subsection (a), shall be treated as satis-
fying—
(1) all uniform and minimum milk price re-
quirements of subparagraphs (B) and (F) of
paragraph (5) of section 608c of this title; and
(2) the total payment requirement of sub-
paragraph (C) of that paragraph.
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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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 3811. This identifies an authority to review, not proof of applicability.
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 3821. This identifies an authority to review, not proof of applicability.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8771
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