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7 U.S.C. § 8736 — Payments in lieu of loan deficiency pay-
Federal law — U.S. Code and appendices · legal_authorities
Page 2232
TITLE 7—AGRICULTURE
§ 8736
§ 8736. Payments in lieu of loan deficiency pay-
ments for grazed acreage
(a) Eligible producers
(1) In general
Effective for the 2008 through 2012 crop
years, in the case of a producer that would be
eligible for a loan deficiency payment under
section 8735 of this title for wheat, barley, or
oats, but that elects to use acreage planted to
the wheat, barley, or oats for the grazing of
livestock, the Secretary shall make a payment
to the producer under this section if the pro-
ducer enters into an agreement with the Sec-
retary to forgo any other harvesting of the
wheat, barley, or oats on that acreage.
(2) Grazing of triticale acreage
Effective for the 2008 through 2012 crop
years, with respect to a producer on a farm
that uses acreage planted to triticale for the
grazing of livestock, the Secretary shall make
a payment to the producer under this section
if the producer enters into an agreement with
the Secretary to forgo any other harvesting of
triticale on that acreage.
(b) Payment amount
(1) In general
The amount of a payment made under this
section to a producer on a farm described in
subsection (a)(1) shall be equal to the amount
determined by multiplying—
(A) the loan deficiency payment rate de-
termined under section 8735(c) of this title in
effect, as of the date of the agreement, for
the county in which the farm is located; by
(B) the payment quantity determined by
multiplying—
(i) the quantity of the grazed acreage on
the farm with respect to which the pro-
ducer elects to forgo harvesting of wheat,
barley, or oats; and
(ii) the payment yield in effect for the
calculation of direct payments under sub-
chapter I with respect to that loan com-
modity on the farm or, in the case of a
farm wit
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Page 2232
TITLE 7—AGRICULTURE
§ 8736
§ 8736. Payments in lieu of loan deficiency pay-
ments for grazed acreage
(a) Eligible producers
(1) In general
Effective for the 2008 through 2012 crop
years, in the case of a producer that would be
eligible for a loan deficiency payment under
section 8735 of this title for wheat, barley, or
oats, but that elects to use acreage planted to
the wheat, barley, or oats for the grazing of
livestock, the Secretary shall make a payment
to the producer under this section if the pro-
ducer enters into an agreement with the Sec-
retary to forgo any other harvesting of the
wheat, barley, or oats on that acreage.
(2) Grazing of triticale acreage
Effective for the 2008 through 2012 crop
years, with respect to a producer on a farm
that uses acreage planted to triticale for the
grazing of livestock, the Secretary shall make
a payment to the producer under this section
if the producer enters into an agreement with
the Secretary to forgo any other harvesting of
triticale on that acreage.
(b) Payment amount
(1) In general
The amount of a payment made under this
section to a producer on a farm described in
subsection (a)(1) shall be equal to the amount
determined by multiplying—
(A) the loan deficiency payment rate de-
termined under section 8735(c) of this title in
effect, as of the date of the agreement, for
the county in which the farm is located; by
(B) the payment quantity determined by
multiplying—
(i) the quantity of the grazed acreage on
the farm with respect to which the pro-
ducer elects to forgo harvesting of wheat,
barley, or oats; and
(ii) the payment yield in effect for the
calculation of direct payments under sub-
chapter I with respect to that loan com-
modity on the farm or, in the case of a
farm without a payment yield for that
loan commodity, an appropriate yield es-
tablished by the Secretary in a manner
consistent with section 7912 of this title.
(2) Grazing of triticale acreage
The amount of a payment made under this
section to a producer on a farm described in
subsection (a)(2) shall be equal to the amount
determined by multiplying—
(A) the loan deficiency payment rate de-
termined under section 8735(c) of this title in
effect for wheat, as of the date of the agree-
ment, for the county in which the farm is lo-
cated; by
(B) the payment quantity determined by
multiplying—
(i) the quantity of the grazed acreage on
the farm with respect to which the pro-
ducer
elects
to
forgo
harvesting
of
triticale; and
(ii) the payment yield in effect for the
calculation of direct payments under sub-
chapter I with respect to wheat on the
farm or, in the case of a farm without a
payment yield for wheat, an appropriate
yield established by the Secretary in a
manner consistent with section 7912 of this
title.
(c) Time, manner, and availability of payment
(1) Time and manner
A payment under this section shall be made
at the same time and in the same manner as
loan deficiency payments are made under sec-
tion 8735 of this title.
(2) Availability
(A) In general
The Secretary shall establish an avail-
ability period for the payments authorized
by this section.
(B) Certain commodities
In the case of wheat, barley, and oats, the
availability period shall be consistent with
the availability period for the commodity
established by the Secretary for marketing
assistance loans authorized by this sub-
chapter.
(d) Prohibition on crop insurance indemnity or
noninsured crop assistance
A 2008 through 2012 crop of wheat, barley, oats,
or triticale planted on acreage that a producer
elects, in the agreement required by subsection
(a), to use for the grazing of livestock in lieu of
any other harvesting of the crop shall not be eli-
gible for an indemnity under a policy or plan of
insurance authorized under the Federal Crop In-
surance Act (7 U.S.C. 1501 et seq.) or noninsured
crop assistance under section 7333 of this title.
(Pub. L. 110–234, title I, § 1206, May 22, 2008, 122
Stat. 959; Pub. L. 110–246, § 4(a), title I, § 1206,
June 18, 2008, 122 Stat. 1664, 1687.)
Editorial Notes
REFERENCES IN TEXT
The Federal Crop Insurance Act, referred to in sub-
sec. (d), is subtitle A of title V of act Feb. 16, 1938, ch.
30, 52 Stat. 72, which is classified generally to sub-
chapter I (§ 1501 et seq.) of chapter 36 of this title. For
complete classification of this Act to the Code, see sec-
tion 1501 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.
§ 8737. Special marketing loan provisions for up-
land cotton
(a) Special import quota
(1) Definition of special import quota
In this subsection, the term ‘‘special import
quota’’ means a quantity of imports that is
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Crop Insurance Act”. Except as otherwise expressly provided the provisions in titles I to IV, inclusive, shall not apply with respect to this subchapter, and the term “Act” wherever it appears in such titles shall not be construed to include this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1501
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 1501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 796
TITLE 7—AGRICULTURE
§ 1501
SUBCHAPTER I—FEDERAL CROP
INSURANCE
§ 1501. Short title and application of other provi-
sions
This subchapter may be cited as the ‘‘Federal
Crop Insurance Act’’. Except as otherwise ex-
pressly provided the provisions in titles I to IV,
inclusive, shall not apply with respect to this
subchapter, and the term ‘‘Act’’ wherever it ap-
pears in such titles shall not be construed to in-
clude this subchapter.
(Feb. 16, 1938, ch. 30, title V, § 501, 52 Stat. 72;
Pub. L. 110–234, title XII, § 12033(c), May 22, 2008,
122 Stat. 1405; Pub. L. 110–246, § 4(a), title XII,
§ 12033(c), June 18, 2008, 122 Stat. 1664, 2167.)
Editorial Notes
REFERENCES IN TEXT
‘‘Titles I to IV, inclusive,’’ and ‘‘such titles’’, referred
to in text, are references to titles I to IV of act Feb. 16,
1938, ch. 30, 52 Stat. 31, known as the Agricultural Ad-
justment Act of 1938, which is classified principally to
chapter 35 (§ 1281 et seq.) of this title. For complete
classification of this Act to the Code, see section 1281
of this title and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2008—Pub. L. 110–246, § 12033(c), inserted section catch-
line and substituted ‘‘subchapter’’ for ‘‘chapter’’ wher-
ever appearing in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment 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 an Effective Date note under
section 8701 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–224, title I, §
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1501
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 1501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** The Secretary shall permit the producers on a farm to repay a marketing assistance loan under [section 8731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8731&num=0&edition=prelim) for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of—
(1) the loan rate established for the commodity under [section 8732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8732&num=0&edition=prelim), plus interest (determined in accordance with [section 7283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7283&num=0&edition=prelim));
(2) a rate (as determined by the Secretary) that—
(A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; and
(B) will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or
(3) a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will—
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodity by the Federal Government;
(C) minimize the cost incurred by the Federal Government in storing the commodity;
(D) allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and
(E) minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries.
**(b) Repayment rates for upland cotton, lo
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8736
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