7 U.S.C. § 7202 — Definitions

Page 1970 TITLE 7—AGRICULTURE § 7201 1 So in original. Probably should be ‘‘chapter’’. Sec. 7302. Effect of chapter. SUBCHAPTER VII—COMMISSION ON 21ST CENTURY PRODUCTION AGRICULTURE 7311. Establishment. 7312. Composition. 7313. Comprehensive review of past and future of production agriculture. 7314. Reports. 7315. Powers. 7316. Commission procedures. 7317. Personnel matters. 7318. Termination of Commission. SUBCHAPTER VIII—MISCELLANEOUS COMMODITY PROVISIONS 7331. Options pilot program. 7332. Risk management education. 7333. Administration and operation of noninsured crop assistance program. 7334. Repealed. SUBCHAPTER I—SHORT TITLE, PURPOSE, AND DEFINITIONS § 7201. Short title and purpose (a) Short title This chapter may be cited as the ‘‘Agricul- tural Market Transition Act’’. (b) Purpose It is the purpose of this chapter— (1) to authorize the use of binding produc- tion flexibility contracts between the United States and agricultural producers to support farming certainty and flexibility while ensur- ing continued compliance with farm conserva- tion and wetland protection requirements; (2) to make nonrecourse marketing assist- ance loans and loan deficiency payments available for certain crops; (3) to improve the operation of farm pro- grams for milk, peanuts, and sugar; and (4) to establish a commission to undertake a comprehensive review of past and future pro- duction agriculture in the United States. (Pub. L. 104–127, title I, § 101, Apr. 4, 1996, 110 Stat. 896.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 896, which enacted this chapter and sec- tion 6933 of this title, amended sections 1308, 1308–1, 1308–3, 1358–1, 1358b, 1358c, 1359a, 1373, 1441, 1445j, 1508, 1516, 4504, 6401, 6402, 6413, 6414, and 6932 of this title and sections 713a–14, 714b, 714i, and 714k of Title 15, Com- merce and Trade, repealed sections 1426, 1433f, 1441–2, 1444–2, 1444f, 1445b–3a, 1445c–3, 1445h, 1446e to 1446h, and 1519 of this title, enacted provisions set out as notes under sections 1373, 1446e, 1446e–1, and 1508 of this title, and repealed provisions set out as a note under section 1421 of this title. For complete classification of title I to the Code, see Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–228, § 1, Aug. 12, 1998, 112 Stat. 1516, pro- vided that: ‘‘This Act [amending section 7212 of this title] may be cited as the ‘Emergency Farm Financial Relief Act’.’’ SHORT TITLE Pub. L. 104–127, § 1(a), Apr. 4, 1996, 110 Stat. 888, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Federal Agriculture Improvement and Reform Act of 1996’.’’ SEVERABILITY Pub. L. 104–127, title IX, § 928, Apr. 4, 1996, 110 Stat. 1197, provided that: ‘‘If any provision of this Act [see Short Title note above] or the application thereof to any person or circumstance is held invalid, the inva- lidity shall not affect other provisions or applications of this Act that can be given effect without regard to the invalid provision or application, and to this end the provisions of this Act are severable.’’ § 7202. Definitions In this chapter: (1) Agricultural Act of 1949 Except in section 7301 of this title, the term ‘‘Agricultural Act of 1949’’ means the Agricul- tural Act of 1949 (7 U.S.C. 1421 et seq.), as in ef- fect prior to the suspensions under section 7301(b)(1) of this title. (2) Considered planted The term ‘‘considered planted’’ means acre- age that is considered planted under title V of the Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) and such other acreage as the Secretary considers fair and equitable. (3) Contract The terms ‘‘contract’’ and ‘‘production flexi- bility contract’’ mean a production flexibility contract entered into under section 7211 of this title. (4) Contract acreage The term ‘‘contract acreage’’ means 1 or more crop acreage bases established for con- tract commodities under title V of the Agri- cultural Act of 1949 (7 U.S.C. 1461 et seq.) that would have been in effect for the 1996 crop (but for suspension under section 7301(b)(1) of this title). (5) Contract commodity The term ‘‘contract commodity’’ means wheat, corn, grain sorghum, barley, oats, up- land cotton, and rice. (6) Contract payment The term ‘‘contract payment’’ means a pay- ment made under this subchapter 1 pursuant to a contract. (7) Department The term ‘‘Department’’ means the Depart- ment of Agriculture. (8) 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 Page 1971 TITLE 7—AGRICULTURE § 7211 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. (9) Farm program payment yield The term ‘‘farm program payment yield’’ means the farm program payment yield estab- lished for the 1995 crop of a contract com- modity under section 505 of the Agricultural Act of 1949 (7 U.S.C. 1465). The Secretary shall adjust the farm program payment yield for the 1995 crop of a contract commodity to account for any additional yield payments made with respect to that crop under subsection (b)(2) of the section. (10) Loan commodity The term ‘‘loan commodity’’ means each contract commodity, extra long staple cotton, and oilseed. (11) Oilseed The term ‘‘oilseed’’ means a crop of soy- beans, sunflower seed, rapeseed, canola, saf- flower, flaxseed, mustard seed, or, if des- ignated by the Secretary, other oilseeds. (12) Producer The term ‘‘producer’’ means an owner, oper- ator, landlord, tenant, or sharecropper who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In deter- mining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract. (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) United States The term ‘‘United States’’, when used in a geographical sense, means all of the States. (Pub. L. 104–127, title I, § 102, Apr. 4, 1996, 110 Stat. 897.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in text, see note set out under section 7201 of this title. The Agricultural Act of 1949, referred to in pars. (1), (2), and (4), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. Title V of the Act, which was classi- fied generally to subchapter IV (§ 1461 et seq.) of chap- ter 35A of this title, was omitted from the Code. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. Section 505 of the Agricultural Act of 1949 (7 U.S.C. 1465), referred to in par. (9), was omitted from the Code. SUBCHAPTER II—PRODUCTION FLEXIBILITY CONTRACTS § 7211. Authorization for use of production flexi- bility contracts (a) Offer and terms The Secretary shall offer to enter into a pro- duction flexibility contract with an eligible owner or producer described in subsection (b) on a farm containing eligible cropland. Under the terms of a contract, the owner or producer shall agree, in exchange for annual contract pay- ments, to— (1) comply with applicable conservation re- quirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.); (2) comply with applicable wetland protec- tion requirements under subtitle C of title XII of the Act (16 U.S.C. 3821 et seq.); (3) comply with the planting flexibility re- quirements of section 7218 of this title; and (4) use the land subject to the contract for an agricultural or related activity, but not for a nonagricultural commercial or industrial use, as determined by the Secretary. (b) Eligible owners and producers described The following producers and owners shall be eligible to enter into a contract: (1) An owner of eligible cropland who as- sumes all or a part of the risk of producing a crop. (2) A producer (other than an owner) on eli- gible cropland with a share-rent lease of the eligible cropland, regardless of the length of the lease, if the owner enters into the same contract. (3) A producer (other than an owner) on eli- gible cropland who cash rents the eligible cropland under a lease expiring on or after September 30, 2002, in which case the owner is not required to enter into the contract. (4) A producer (other than an owner) on eli- gible cropland who cash rents the eligible cropland under a lease expiring before Sep- tember 30, 2002. The owner of the eligible crop- land may also enter into the same contract. If the producer elects to enroll less than 100 per- cent of the eligible cropland in the contract, the consent of the owner is required. (5) An owner of eligible cropland who cash rents the eligible cropland and the lease term expires before September 30, 2002, if the tenant declines to enter into a contract. In the case of an owner covered by this paragraph, con- tract payments shall not begin under a con- tract until the lease held by the tenant ends. (6) An owner or producer described in any preceding paragraph regardless of whether the owner or producer purchased catastrophic risk protection for a 1996 crop under section 1508(b) of this title. (c) Tenants and sharecroppers In carrying out this subchapter, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.