7 U.S.C. § 7901 — Definitions

Page 2119 TITLE 7—AGRICULTURE § 7901 (b) Administrative expenses Funds appropriated under subsection (a) may not be used for the payment of the expenses or expenditures of the Board in administering a provision of an order. (Pub. L. 106–387, § 1(a) [title XII, § 1214], Oct. 28, 2000, 114 Stat. 1549, 1549A–97.) CHAPTER 106—COMMODITY PROGRAMS Sec. 7901. Definitions. SUBCHAPTER I—DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS 7911. Establishment of base acres and payment acres for a farm. 7912. Establishment of payment yield. 7913. Availability of direct payments. 7914. Availability of counter-cyclical payments. 7915. Producer agreement required as condition of provision of direct payments and counter- cyclical payments. 7916. Planting flexibility. 7917. Relation to remaining payment authority under production flexibility contracts. 7918. Period of effectiveness. SUBCHAPTER II—MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS 7931. Availability of nonrecourse marketing assist- ance loans for loan commodities. 7932. Loan rates for nonrecourse marketing assist- ance loans. 7933. Term of loans. 7934. Repayment of loans. 7935. Loan deficiency payments. 7936. Payments in lieu of loan deficiency payments for grazed acreage. 7937. Special marketing loan provisions for upland cotton. 7938. Special competitive provisions for extra long staple cotton. 7939. Availability of recourse loans for high mois- ture feed grains and seed cotton. SUBCHAPTER III—PEANUTS 7951. Definitions. 7952. Establishment of payment yield and base acres for peanuts for a farm. 7953. Availability of direct payments for peanuts. 7954. Availability of counter-cyclical payments for peanuts. 7955. Producer agreement required as condition on provision of direct payments and counter- cyclical payments. 7956. Planting flexibility. 7957. Marketing assistance loans and loan defi- ciency payments for peanuts. 7958. Miscellaneous provisions. 7959. Termination of marketing quota programs for peanuts and compensation to peanut quota holders for loss of quota asset value. 7960. Repeal of superseded price support authority and effect of repeal. SUBCHAPTER IV—SUGAR 7971. Storage facility loans. SUBCHAPTER V—DAIRY 7981. Milk price support program. 7982. National dairy market loss payments. 7983. Study of national dairy policy. 7984. Studies of effects of changes in approach to national dairy policy and fluid milk iden- tity standards. SUBCHAPTER VI—ADMINISTRATION 7991. Administration generally. Sec. 7992. Suspension of permanent price support au- thority. 7993. Repealed. 7994. Study. 7995. Assignment of payments. 7996. Equitable relief from ineligibility for loans, payments, or other benefits. 7997. Tracking of benefits. 7998. Estimates of net farm income. 7999. Availability of incentive payments for cer- tain producers. 8000. Repealed. 8001. Producer retention of erroneously paid loan deficiency payments and marketing loan gains. 8002. Implementation funding and information management. § 7901. Definitions In this chapter (other than subchapter III): (1) Agricultural Act of 1949 The term ‘‘Agricultural Act of 1949’’ means the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), as in effect prior to the suspensions under section 7301 of this title. (2) Base acres The term ‘‘base acres’’, with respect to a covered commodity on a farm, means the number of acres established under section 7911 of this title with respect to the covered com- modity on the election made by the owner of the farm under subsection (a) of such section. (3) Counter-cyclical payment The term ‘‘counter-cyclical payment’’ means a payment made to producers on a farm under section 7914 of this title. (4) Covered commodity The term ‘‘covered commodity’’ means wheat, corn, grain sorghum, barley, oats, up- land cotton, rice, soybeans, and other oilseeds. (5) Direct payment The term ‘‘direct payment’’ means a pay- ment made to producers on a farm under sec- tion 7913 of this title. (6) Effective price The term ‘‘effective price’’, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under sec- tion 7914 of this title to determine whether counter-cyclical payments are required to be made for that crop year. (7) Extra long staple cotton The term ‘‘extra long staple cotton’’ means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid thereof, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cot- ton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if au- thorized by the Secretary, ginned on another type gin for experimental purposes. Page 2120 TITLE 7—AGRICULTURE § 7911 (8) Loan commodity The term ‘‘loan commodity’’ means wheat, corn, grain sorghum, barley, oats, upland cot- ton, extra long staple cotton, rice, soybeans, other oilseeds, wool, mohair, honey, dry peas, lentils, and small chickpeas. (9) Other oilseed The term ‘‘other oilseed’’ means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or, if designated by the Secretary, another oil- seed. (10) Payment acres The term ‘‘payment acres’’ means 85 percent of the base acres of a covered commodity on a farm, as established under section 7911 of this title, on which direct payments and counter- cyclical payments are made. (11) Payment yield (A) In general The term ‘‘payment yield’’ means the yield established under section 7912 of this title for a farm for a covered commodity. (B) Updated payment yield The term ‘‘updated payment yield’’ means the payment yield elected by the owner of a farm under section 7912(e) of this title to be used in calculating the counter-cyclical pay- ments for the farm. (12) Producer The term ‘‘producer’’ means an owner, oper- ator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for mar- keting from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consider- ation the existence of a hybrid seed contract and shall ensure that program requirements do not adversely affect the ability of the grow- er to receive a payment under this chapter. (13) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (14) State The term ‘‘State’’ means each of the several States of the United States, the District of Co- lumbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (15) Target price The term ‘‘target price’’ means the price per bushel (or other appropriate unit in the case of upland cotton, rice, and other oilseeds) of a covered commodity used to determine the pay- ment rate for counter-cyclical payments. (16) United States The term ‘‘United States’’, when used in a geographical sense, means all of the States. (Pub. L. 107–171, title I, § 1001, May 13, 2002, 116 Stat. 143; Pub. L. 108–7, div. A, title VII, § 763(a), Feb. 20, 2003, 117 Stat. 46.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 107–171, May 13, 2002, 116 Stat. 143, which enacted this chapter and sec- tion 1308–3a of this title, amended sections 1301, 1308 to 1308–3, 1308–4, 1308–5, 1314b, 1359aa to 1359kk, 1361, 1371, 1373, 1378, 1428, 1441, 1637a, 4501 to 4504, 4507, 4553, 6402, 6414, 6998, 7001, 7235, 7272, 7282 to 7284, 7286, and 7301 of this title, and sections 713a–4 and 714c of Title 15, Com- merce and Trade, repealed sections 1339a, 1357 to 1359a, and 7271 of this title and section 3830a of Title 16, Con- servation, and enacted provisions set out as notes under sections 1308 and 7272 of this title. For complete classification of title I to the Code, see Tables. Subchapter III, referred to in text, was in the original ‘‘subtitle C’’, meaning subtitle C (§§ 1301–1310) of title I of Pub. L. 107–171, May 13, 2002, 116 Stat. 166, which is classified principally to subchapter III of this chapter. For complete classification of subtitle C to the Code, see References in Text note set out under section 7951 of this title and Tables. The Agricultural Act of 1949, referred to in par. (1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. AMENDMENTS 2003—Par. (9). Pub. L. 108–7 inserted ‘‘crambe, sesame seed,’’ after ‘‘mustard seed,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–7, div. A, title VII, § 763(d), Feb. 20, 2003, 117 Stat. 47, provided that: ‘‘This section [amending this section and sections 7932 and 7934 of this title] and the amendments made by this section apply beginning with the 2003 crop of other oilseeds (as defined in sec- tion 1001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901)), dry peas, lentils, and small chickpeas.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–171, title I, § 1001, Feb. 8, 2006, 120 Stat. 4, provided that: ‘‘This title [amending sections 2009cc–18, 2655, 7621, 7913, 7937, 7953, 7982, and 8106 of this title and sections 3838a, 3839aa–2, 3839aa–7, and 3841 of Title 16, Conservation, and enacting provisions set out as a note under section 7937 of this title] may be cited as the ‘Ag- ricultural Reconciliation Act of 2005’.’’ SHORT TITLE Pub. L. 107–171, § 1(a), May 13, 2002, 116 Stat. 134, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Farm Security and Rural Invest- ment Act of 2002’.’’ SUBCHAPTER I—DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS § 7911. Establishment of base acres and payment acres for a farm (a) Election by owner of base acres calculation method (1) Alternative calculation methods For the purpose of making direct payments and counter-cyclical payments with respect to a farm, the Secretary shall give an owner of the farm an opportunity to elect 1 of the fol- lowing as the method by which the base acres of all covered commodities on the farm are to be determined: