7 U.S.C. § 7218 — Planting flexibility

Page 1975 TITLE 7—AGRICULTURE § 7231 tract in effect on the date of the foreclosure shall apply. (d) Review A determination of the Secretary under this section shall be considered to be an adverse deci- sion for purposes of the availability of adminis- trative review of the determination. (Pub. L. 104–127, title I, § 116, Apr. 4, 1996, 110 Stat. 903.) § 7217. Transfer or change of interest in lands subject to contract (a) Termination Except as provided in subsection (c), a transfer of (or change in) the interest of an owner or pro- ducer subject to a contract in the contract acre- age covered by the contract shall result in the termination of the contract with respect to the acreage, unless the transferee or owner of the acreage agrees to assume all obligations under the contract. The termination shall be effective on the date of the transfer or change. (b) Modification At the request of the transferee or owner, the Secretary may modify the contract if the modi- fications are consistent with the objectives of this subchapter, as determined by the Secretary. (c) Exception If an owner or producer who is entitled to a contract payment dies, becomes incompetent, or is otherwise unable to receive the contract pay- ment, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary. (Pub. L. 104–127, title I, § 117, Apr. 4, 1996, 110 Stat. 904.) § 7218. Planting flexibility (a) Permitted crops Subject to subsection (b), any commodity or crop may be planted on contract acreage on a farm. (b) Limitations and exceptions regarding fruits and vegetables (1) Limitations The planting of fruits and vegetables (other than lentils, mung beans, and dry peas) shall be prohibited on contract acreage. (2) Exceptions Paragraph (1) shall not limit the planting of a fruit or vegetable— (A) in any region in which there is a his- tory of double-cropping of contract commod- ities with fruits or vegetables, as determined by the Secretary, in which case the double- cropping shall be permitted; (B) on a farm that the Secretary deter- mines has a history of planting fruits or vegetables on contract acreage, except that a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable; or (C) by a producer who the Secretary deter- mines has an established planting history of a specific fruit or vegetable, except that— (i) the quantity planted may not exceed the producer’s average annual planting history of the fruit or vegetable in the 1991 through 1995 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and (ii) a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable. (Pub. L. 104–127, title I, § 118, Apr. 4, 1996, 110 Stat. 904.) Statutory Notes and Related Subsidiaries CONTRACT PAYMENTS FOR WILD RICE ACREAGE Pub. L. 106–78, title VII, § 727, Oct. 22, 1999, 113 Stat. 1164, provided that: ‘‘None of the funds appropriated or otherwise available to the Department of Agriculture in fiscal year 2000 or thereafter may be used to admin- ister the provision of contract payments to a producer under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) for contract acreage on which wild rice is planted unless the contract payment is reduced by an acre for each contract acre planted to wild rice.’’ Similar provisions were contained in the following prior appropriations acts: Pub. L. 105–277, div. A, § 101(a) [title VII, § 727], Oct. 21, 1998, 112 Stat. 2681, 2681–28. Pub. L. 105–86, title VII, § 734, Nov. 18, 1997, 111 Stat. 2110. SUBCHAPTER III—NONRECOURSE MAR- KETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS § 7231. Availability of nonrecourse marketing as- sistance loans (a) Nonrecourse loans available For each of the 1996 through 2002 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commod- ities produced on the farm. The loans shall be made under terms and conditions that are pre- scribed by the Secretary and at the loan rate es- tablished under section 7232 of this title for the loan commodity. (b) Eligible production The following production shall be eligible for a marketing assistance loan under subsection (a): (1) In the case of a marketing assistance loan for a contract commodity, any produc- tion by a producer on a farm containing eligi- ble cropland covered by a production flexi- bility contract. (2) In the case of a marketing assistance loan for extra long staple cotton and oilseeds, any production. (c) Compliance with conservation and wetlands requirements As a condition of the receipt of a marketing assistance loan under subsection (a), 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 the Act (16 U.S.C. 3821 et seq.) during the term of the loan. (d) Additional outlays prohibited The Secretary shall carry out this subchapter in such a manner that there are no additional