7 U.S.C. § 9031 — Availability of nonrecourse marketing as-

Page 2273 TITLE 7—AGRICULTURE § 9031 Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a)(1), (b)(1)(A), (2), (c), and (e) to (g), was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 1101–1109) of title I of Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 658, which is classi- fied principally to this subchapter. For complete classi- fication of subtitle A to the Code, see Tables. 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. § 9019. Repealed. Pub. L. 115–334, title I, § 1108, Dec. 20, 2018, 132 Stat. 4508 Section, Pub. L. 113–79, title I, § 1119, Feb. 7, 2014, 128 Stat. 673, related to transition assistance for producers of upland cotton. SUBCHAPTER II—MARKETING LOANS § 9031. Availability of nonrecourse marketing as- sistance loans for loan commodities (a) Definition of loan commodity In this subchapter, the term ‘‘loan com- modity’’ means wheat, corn, grain sorghum, bar- ley, oats, upland cotton, extra long staple cot- ton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas. (b) Nonrecourse loans available (1) In general For each of the 2014 through 2023 crops of each loan commodity, the Secretary shall make available to producers on a farm non- recourse marketing assistance loans for loan commodities produced on the farm. (2) Terms and conditions The marketing assistance loans shall be made under terms and conditions that are pre- scribed by the Secretary and at the loan rate established under section 9032 of this title for the loan commodity. (c) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm. (d) Compliance with conservation and wetlands requirements As a condition of the receipt of a marketing assistance loan under subsection (b), the pro- 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. (e) Special rules for peanuts (1) In general This subsection shall apply only to pro- ducers of peanuts. (2) Options for obtaining loan A marketing assistance loan under this sec- tion, and loan deficiency payments under sec- tion 9035 of this title, 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. (3) Storage of loan peanuts As a condition on the approval by the Sec- retary of an individual or entity to provide storage for peanuts for which a marketing as- sistance loan is made under this section, the individual or entity shall agree— (A) to provide the storage on a nondiscrim- inatory basis; and (B) to comply with such additional re- quirements as the Secretary considers ap- propriate to accomplish the purposes of this section and promote fairness in the adminis- tration of the benefits of this section. (4) Storage, handling, and associated costs (A) In general To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other asso- ciated costs (other than storage costs) in- curred at the time at which the peanuts are placed under loan, as determined by the Sec- retary. (B) Redemption and forfeiture The Secretary shall— (i) require the repayment of handling and other associated costs paid under sub- paragraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and (ii) pay storage, handling, and other as- sociated costs for all peanuts pledged as collateral that are forfeited under this sec- tion. (5) Marketing A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that con- forms to consumer needs, including the sepa- ration of peanuts by type and quality. (6) Reimbursable agreements and payment of administrative expenses The Secretary may implement any reim- bursable agreements or provide for the pay- ment of administrative expenses under this subsection only in a manner that is consistent with those activities in regard to other loan commodities. (Pub. L. 113–79, title I, § 1201, Feb. 7, 2014, 128 Stat. 674; Pub. L. 115–334, title I, § 1201(a), Dec. 20, 2018, 132 Stat. 4509.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in subsec. (d), 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 Page 2274 TITLE 7—AGRICULTURE § 9032 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 Provisions of law applicable to a loan commodity for the 2023 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2024 crop year for that loan com- modity, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under sec- tion 9001 of this title. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. § 9032. Loan rates for nonrecourse marketing as- sistance loans (a) 2014 through 2018 crop years For purposes of each of the 2014 through 2018 crop years, the loan rate for a marketing assist- ance loan under section 9031 of this title for a loan commodity shall be equal to the following: (1) In the case of wheat, $2.94 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, $1.95 per bushel. (5) In the case of oats, $1.39 per bushel. (6) In the case of base quality of upland cot- ton, for each of the 2014 through 2018 crop years, the simple average of the adjusted pre- vailing world price for the 2 immediately pre- ceding marketing years, as determined by the Secretary and announced October 1 preceding the next domestic plantings, but in no case less than $0.45 per pound or more than $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, $10.09 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 Sec- retary. (12) In the case of dry peas, $5.40 per hun- dredweight. (13) In the case of lentils, $11.28 per hundred- weight. (14) In the case of small chickpeas, $7.43 per hundredweight. (15) In the case of large chickpeas, $11.28 per hundredweight. (16) In the case of graded wool, $1.15 per pound. (17) In the case of nongraded wool, $0.40 per pound. (18) In the case of mohair, $4.20 per pound. (19) In the case of honey, $0.69 per pound. (20) In the case of peanuts, $355 per ton. (b) 2019 through 2023 crop years For purposes of each of the 2019 through 2023 crop years, the loan rate for a marketing assist- ance loan under section 9031 of this title for a loan commodity shall be equal to the following: (1) In the case of wheat, $3.38 per bushel. (2) In the case of corn, $2.20 per bushel. (3) In the case of grain sorghum, $2.20 per bushel. (4) In the case of barley, $2.50 per bushel. (5) In the case of oats, $2.00 per bushel. (6)(A) Subject to subparagraphs (B) and (C), in the case of base quality of upland cotton, the simple average of the adjusted prevailing world price for the 2 immediately preceding marketing years, as determined by the Sec- retary and announced October 1 preceding the next domestic planting. (B) Except as provided in subparagraph (C), the loan rate determined under subparagraph (A) may not equal less than an amount equal to 98 percent of the loan rate for base quality of upland cotton for the preceding year. (C) The loan rate determined under subpara- graph (A) may not be equal to an amount— (i) less than $0.45 per pound; or (ii) more than $0.52 per pound. (7) In the case of extra long staple cotton, $0.95 per pound. (8) In the case of long grain rice, $7.00 per hundredweight. (9) In the case of medium grain rice, $7.00 per hundredweight. (10) In the case of soybeans, $6.20 per bushel. (11) In the case of other oilseeds, $10.09 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 Sec- retary. (12) In the case of dry peas, $6.15 per hun- dredweight. (13) In the case of lentils, $13.00 per hundred- weight. (14) In the case of small chickpeas, $10.00 per hundredweight. (15) In the case of large chickpeas, $14.00 per hundredweight. (16) In the case of graded wool, $1.15 per pound. (17) In the case of nongraded wool, $0.40 per pound. (18) In the case of mohair, $4.20 per pound. (19) In the case of honey, $0.69 per pound. (20) In the case of peanuts, $355 per ton. (c) Single county loan rate for other oilseeds The Secretary shall establish a single loan rate in each county for each kind of other oil- seeds described in subsections (a)(11) and (b)(11).