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7 U.S.C. § 8714 — Repealed. Pub. L. 113–79, title I, § 1102(a),
Federal law — U.S. Code and appendices · legal_authorities
Page 2224
TITLE 7—AGRICULTURE
§ 8712
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.
§ 8712. Payment yields
(a) Establishment and purpose
For the purpose of making direct payments
and counter-cyclical payments under this sub-
chapter, the Secretary shall provide for the es-
tablishment of a yield for each farm for any des-
ignated oilseed or eligible pulse crop for which a
payment yield was not established under section
7912 of this title in accordance with this section.
(b) Payment yields for designated oilseeds and
eligible pulse crops
(1) Determination of average yield
In the case of designated oilseeds and eligi-
ble pulse crops, the Secretary shall determine
the average yield per planted acre for the des-
ignated oilseed or pulse crop on a farm for the
1998 through 2001 crop years, excluding any
crop year in which the acreage planted to the
designated oilseed or pulse crop was zero.
(2) Adjustment for payment yield
(A) In general
The payment yield for a farm for a des-
ignated oilseed or eligible pulse crop shall be
equal to the product of the following:
(i) The average yield for the designated
oilseed or pulse crop determined under
paragraph (1).
(ii) The ratio resulting from dividing the
national average yield for the designated
oilseed or pulse crop for the 1981 through
1985 crops by the national average yield for
the designated oilseed or pulse crop for the
1998 through 2001 crops.
(B) No national average yield information
available
To the extent that national average yield
information for a designated oilseed or pulse
crop is not available, the Secretary shall use
such information as the Secretary deter-
mines to be fair and equitable to establish a
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8714
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Source file: Laws/federal/codes/united-states-code-2024/title-7/section-8714-repealed-pub-l-11379-title-i-1102-a--75081c7886.md
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Source location: USCODE-2024-title7-chap113-subchapI-sec8714.pdf
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Page 2224
TITLE 7—AGRICULTURE
§ 8712
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.
§ 8712. Payment yields
(a) Establishment and purpose
For the purpose of making direct payments
and counter-cyclical payments under this sub-
chapter, the Secretary shall provide for the es-
tablishment of a yield for each farm for any des-
ignated oilseed or eligible pulse crop for which a
payment yield was not established under section
7912 of this title in accordance with this section.
(b) Payment yields for designated oilseeds and
eligible pulse crops
(1) Determination of average yield
In the case of designated oilseeds and eligi-
ble pulse crops, the Secretary shall determine
the average yield per planted acre for the des-
ignated oilseed or pulse crop on a farm for the
1998 through 2001 crop years, excluding any
crop year in which the acreage planted to the
designated oilseed or pulse crop was zero.
(2) Adjustment for payment yield
(A) In general
The payment yield for a farm for a des-
ignated oilseed or eligible pulse crop shall be
equal to the product of the following:
(i) The average yield for the designated
oilseed or pulse crop determined under
paragraph (1).
(ii) The ratio resulting from dividing the
national average yield for the designated
oilseed or pulse crop for the 1981 through
1985 crops by the national average yield for
the designated oilseed or pulse crop for the
1998 through 2001 crops.
(B) No national average yield information
available
To the extent that national average yield
information for a designated oilseed or pulse
crop is not available, the Secretary shall use
such information as the Secretary deter-
mines to be fair and equitable to establish a
national average yield under this section.
(3) Use of partial county average yield
If the yield per planted acre for a crop of a
designated oilseed or pulse crop for a farm for
any of the 1998 through 2001 crop years was
less than 75 percent of the county yield for
that designated oilseed or pulse crop, the Sec-
retary shall assign a yield for that crop year
equal to 75 percent of the county yield for the
purpose of determining the average under
paragraph (1).
(4) No historic yield data available
In the case of establishing yields for des-
ignated oilseeds and eligible pulse crops, if his-
toric yield data is not available, the Secretary
shall use the ratio for dry peas calculated
under paragraph (2)(A)(ii) in determining the
yields for designated oilseeds and eligible
pulse crops, as determined to be fair and equi-
table by the Secretary.
(Pub. L. 110–234, title I, § 1102, May 22, 2008, 122
Stat. 940; Pub. L. 110–246, § 4(a), title I, § 1102,
June 18, 2008, 122 Stat. 1664, 1669.)
Editorial Notes
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.
§ 8713. Repealed. Pub. L. 113–79, title I, § 1101,
Feb. 7, 2014, 128 Stat. 658
Section, Pub. L. 110–234, title I, § 1103, May 22, 2008, 122
Stat. 941; Pub. L. 110–246, § 4(a), title I, § 1103, June 18,
2008, 122 Stat. 1664, 1669, related to availability of direct
payments for 2008 through 2012 crop years.
§ 8714. Repealed. Pub. L. 113–79, title I, § 1102(a),
Feb. 7, 2014, 128 Stat. 658
Section, Pub. L. 110–234, title I, § 1104, May 22, 2008, 122
Stat. 942; Pub. L. 110–246, § 4(a), title I, § 1104, June 18,
2008, 122 Stat. 1664, 1671, related to availability of
counter-cyclical payments for 2008 through 2012 crop
years.
Statutory Notes and Related Subsidiaries
CONTINUED APPLICATION FOR 2013 CROP YEAR
Pub. L. 113–79, title I, § 1102(b), Feb. 7, 2014, 128 Stat.
658, provided that: ‘‘Sections 1104 and 1304 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8714,
8754), as in effect on the day before the date of enact-
ment of this Act [Feb. 7, 2014], shall continue to apply
through the 2013 crop year with respect to all covered
commodities (as defined in section 1001 of that Act (7
U.S.C. 8702)) and peanuts on a farm.’’
§ 8715. Repealed. Pub. L. 113–79, title I, § 1103(a),
Feb. 7, 2014, 128 Stat. 658
Section, Pub. L. 110–234, title I, § 1105, May 22, 2008, 122
Stat. 945; Pub. L. 110–246, § 4(a), title I, § 1105, June 18,
2008, 122 Stat. 1664, 1673, related to the average crop rev-
enue election program available during each of the
2009, 2010, 2011, and 2012 crop years.
Statutory Notes and Related Subsidiaries
CONTINUED APPLICATION FOR 2013 CROP YEAR
Pub. L. 113–79, title I, § 1103(b), Feb. 7, 2014, 128 Stat.
658, provided that: ‘‘Section 1105 of the Food, Conserva-
tion, and Energy Act of 2008 (7 U.S.C. 8715), as in effect
on the day before the date of enactment of this Act
[Feb. 7, 2014], shall continue to apply through the 2013
crop year with respect to all covered commodities (as
defined in section 1001 of that Act (7 U.S.C. 8702)) and
peanuts on a farm for which the irrevocable election
under section 1105 of that Act was made before the date
of enactment of this Act.’’
§ 8716. Producer agreement required as condi-
tion of provision of payments
(a) Compliance with certain requirements
(1) Requirements
Before the producers on a farm may receive
direct payments, counter-cyclical payments,
or average crop revenue election payments
with respect to the farm, the producers shall
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall make available to the Farm Service Agency to carry out this chapter $50,000,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8702
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 8702. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2221
TITLE 7—AGRICULTURE
§ 8702
1 See References in Text note below.
Stat. 2209) relating to determination on the merits of
Pigford claims.
‘‘(9) HEARTLAND, HABITAT, HARVEST, AND
HORTI-
CULTURE ACT OF 2008.—Subsection (a) does not apply
with respect to title XV of the Food, Conservation,
and Energy Act of 2008 (Public Law 110–246; 122 Stat.
2246), and amendments made by that title, relating to
the provision of supplemental agricultural disaster
assistance under title IX of the Trade Act of 1974 (19
U.S.C. 2497 et seq.), certain revenue and tax provi-
sions, and certain trade benefits and other matters.
‘‘(j) EFFECTIVE DATE.—Except as otherwise provided
in this section, this section and the amendments made
by this section take effect on the earlier of—
‘‘(1) the date of the enactment of this Act [Jan. 2,
2013]; or
‘‘(2) September 30, 2012.’’
APPLICABILITY OF EXPLANATORY STATEMENT IN HOUSE
REPORT 110–627 TO PUB. L. 110–246
Pub. L. 110–246, § 3, June 18, 2008, 122 Stat. 1664, pro-
vided that: ‘‘The Joint Explanatory Statement sub-
mitted by the Committee of Conference for the con-
ference report to accompany H.R. 2419 of the 110th Con-
gress (House Report 110–627) shall be deemed to be part
of the legislative history of this Act [Pub. L. 110–246,
see Tables for classification] and shall have the same
effect with respect to the implementation of this Act as
it would have had with respect to the implementation
of H.R. 2419 [enacted as Pub. L. 110–234].’’
§ 8702. Definitions
In this chapter (other than subchapter III):
(1) Average crop revenue election payment
The term ‘‘average crop revenue election
payment’’ means a payment made to pro-
ducers on a farm under section 8715 1 of this
title.
(2) Base acres
(A) In general
The term ‘‘base acres’’
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8702
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 8702. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and purpose** For the purpose of making direct payments and counter-cyclical payments under this subchapter, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7912&num=0&edition=prelim) in accordance with this section.
**(b) Payment yields for designated oilseeds and eligible pulse crops**
(1) **Determination of average yield** — In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero.
(2) **Adjustment for payment yield**
(A) *In general* — The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following:
(i) The average yield for the designated oilseed or pulse crop determined under paragraph (1).
(ii) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops.
(B) *No national average yield information available* — To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
(3) **Use of partial county average yield
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8714
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 110–234, title I, § 1103, May 22, 2008, 122 Stat. 941; Pub. L. 110–246, § 4(a), title I, § 1103, June 18, 2008, 122 Stat. 1664, 1669, related to availability of direct payments for 2008 through 2012 crop years.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8715
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 8715. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2224
TITLE 7—AGRICULTURE
§ 8712
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.
§ 8712. Payment yields
(a) Establishment and purpose
For the purpose of making direct payments
and counter-cyclical payments under this sub-
chapter, the Secretary shall provide for the es-
tablishment of a yield for each farm for any des-
ignated oilseed or eligible pulse crop for which a
payment yield was not established under section
7912 of this title in accordance with this section.
(b) Payment yields for designated oilseeds and
eligible pulse crops
(1) Determination of average yield
In the case of designated oilseeds and eligi-
ble pulse crops, the Secretary shall determine
the average yield per planted acre for the des-
ignated oilseed or pulse crop on a farm for the
1998 through 2001 crop years, excluding any
crop year in which the acreage planted to the
designated oilseed or pulse crop was zero.
(2) Adjustment for payment yield
(A) In general
The payment yield for a farm for a des-
ignated oilseed or eligible pulse crop shall be
equal to the product of the following:
(i) The average yield for the designated
oilseed or pulse crop determined under
paragraph (1).
(ii) The ratio resulting from dividing the
national average yield for the designated
oilseed or pulse crop for the 1981 through
1985 crops by the national average yield for
the designated oilseed or pulse crop for the
1998 through 2001 crops.
(B) No national average yield information
available
To the extent that national average yield
information for a designated oilseed or pulse
crop is not available, the Secretary shall use
such information as the Secretary deter-
mines to be fair and equitable to establish a
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8715
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 8715. This identifies an authority to review, not proof of applicability.