7 U.S.C. § 1445h — Repealed. Pub. L. 104–127, title I,

Page 770 TITLE 7—AGRICULTURE § 1445h § 1445h. Repealed. Pub. L. 104–127, title I, § 171(b)(2)(F), Apr. 4, 1996, 110 Stat. 938 Section, act Oct. 31, 1949, ch. 792, title I, § 113, as added Dec. 3, 1980, Pub. L. 96–494, title II, § 207, 94 Stat. 2572; amended Dec. 22, 1981, Pub. L. 97–98, title XI, § 1105, 95 Stat. 1264; Dec. 23, 1985, Pub. L. 99–198, title X, § 1011, 99 Stat. 1454; Nov. 28, 1990, Pub. L. 101–624, title XI, § 1125, 104 Stat. 3506, authorized Secretary to announce and provide for supplemental set-aside and acreage lim- itation program. § 1445i. Multiyear set-aside contracts for 1986 through 1990 crops of wheat, feed grains, up- land cotton, and rice Notwithstanding any other provision of law: (1) The Secretary of Agriculture may enter into multiyear set-aside contracts for a period not to extend beyond the 1990 crops. Such con- tracts may be entered into only as a part of the programs in effect for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice, and only producers participating in one or more of such programs shall be eligible to contract with the Secretary under this sec- tion. Producers agreeing to a multiyear set- aside agreement shall be required to devote the set-aside acreage to vegetative cover capa- ble of maintaining itself through such period to provide soil protection, water quality en- hancement, wildlife production, and natural beauty. Grazing of livestock under this section shall be prohibited, except in areas of a major disaster, as determined by the President, if the Secretary finds there is a need for such grazing as a result of such disaster. Producers entering into agreements under this section shall also agree to comply with all applicable State and local laws and regulations gov- erning noxious weed control. (2) The Secretary shall provide cost-sharing incentives to farm operators for the establish- ment of vegetative cover, whenever a multiyear set-aside contract is entered into under this section. (3) The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. (4) The Secretary shall carry out the pro- gram authorized by this section through the Commodity Credit Corporation. (Pub. L. 99–198, title X, § 1010, Dec. 23, 1985, 99 Stat. 1454.) Editorial Notes CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For com- plete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. § 1445j. Deficiency and land diversion payments (a) Deficiency payments (1) In general If the Secretary establishes an acreage limi- tation program for any of the 1991 through 1997 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that defi- ciency payments will likely be made for the commodity for the crop, the Secretary shall make advance deficiency payments available to producers for each of the crops. (2) Terms and conditions Advance deficiency payments under para- graph (1) shall be made to the producer under the following terms and conditions: (A) Form Such payments may be made available in the form of— (i) cash; (ii) commodities owned by the Com- modity Credit Corporation and certificates redeemable in a commodity owned by the Commodity Credit Corporation, except that not more than 50 percent of the pay- ments may be made in commodities or the certificates in the case of any producer; or (iii) any combination of clauses (i) and (ii). (B) Commodities and certificates If payments are made available to pro- ducers as provided for under subparagraph (A)(ii), such producers may elect to receive such payments either in the form of— (i) such commodities; or (ii) such certificates. (C) Maturity Such a certificate shall be redeemable for a period not to exceed 3 years from the date the certificate is issued. (D) Storage The Commodity Credit Corporation shall pay the cost of storing a commodity that may be received under such a certificate until such time as the certificate is re- deemed. (E) Timing The payments shall be made available as soon as practicable after the producer enters into a contract with the Secretary to par- ticipate in such program. (F) Amounts The payments shall be made available in such amounts as the Secretary determines appropriate to encourage adequate partici- pation in the program, except that the amount may not exceed an amount deter- mined by multiplying— (i) the estimated payment acreage for the crop; by (ii) the farm program payment yield for the crop; by (iii)(I) in the case of wheat and feed grains, not less than 40 percent, nor more than 50 percent, of the projected payment rate; and (II) in the case of rice and upland cotton, not less than 30 percent, nor more than 50 percent, of the projected payment rate, as determined by the Secretary. (G) Repayment If the deficiency payment payable to a pro- ducer for a crop, as finally determined by