Browse Arkansas Code titles and sections
7 U.S.C. § 8731 — Availability of nonrecourse marketing as-
Federal law — U.S. Code and appendices · legal_authorities
Page 2228
TITLE 7—AGRICULTURE
§ 8731
1 See References in Text note below.
SUBCHAPTER II—MARKETING ASSISTANCE
LOANS AND LOAN DEFICIENCY PAYMENTS
§ 8731. Availability of nonrecourse marketing as-
sistance loans for loan commodities
(a) Nonrecourse loans available
(1) Availability
For each of the 2008 through 2012 crops of
each loan commodity, the Secretary shall
make available to producers on a farm non-
recourse marketing assistance loans for loan
commodities produced on the farm.
(2) Terms and conditions
The marketing assistance loans shall be
made under terms and conditions that are pre-
scribed by the Secretary and at the loan rate
established under section 8732 of this title for
the loan commodity.
(b) Eligible production
The producers on a farm shall be eligible for a
marketing assistance loan under subsection (a)
for any quantity of a loan commodity produced
on the farm.
(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 that Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(Pub. L. 110–234, title I, § 1201, May 22, 2008, 122
Stat. 953; Pub. L. 110–246, § 4(a), title I, § 1201,
June 18, 2008, 122 Stat. 1664, 1681.)
Editorial Notes
REFERENCES IN TEXT
The Food Security Act of 1985, referred to in subsec.
(c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Sub-
titles B and C of title XII of the Act are classified gen-
erally to subchapters II (§ 3811 et seq.) and III (§ 3821 et
seq.), respectively,
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Page 2228
TITLE 7—AGRICULTURE
§ 8731
1 See References in Text note below.
SUBCHAPTER II—MARKETING ASSISTANCE
LOANS AND LOAN DEFICIENCY PAYMENTS
§ 8731. Availability of nonrecourse marketing as-
sistance loans for loan commodities
(a) Nonrecourse loans available
(1) Availability
For each of the 2008 through 2012 crops of
each loan commodity, the Secretary shall
make available to producers on a farm non-
recourse marketing assistance loans for loan
commodities produced on the farm.
(2) Terms and conditions
The marketing assistance loans shall be
made under terms and conditions that are pre-
scribed by the Secretary and at the loan rate
established under section 8732 of this title for
the loan commodity.
(b) Eligible production
The producers on a farm shall be eligible for a
marketing assistance loan under subsection (a)
for any quantity of a loan commodity produced
on the farm.
(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 that Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(Pub. L. 110–234, title I, § 1201, May 22, 2008, 122
Stat. 953; Pub. L. 110–246, § 4(a), title I, § 1201,
June 18, 2008, 122 Stat. 1664, 1681.)
Editorial Notes
REFERENCES IN TEXT
The Food Security Act of 1985, referred to in subsec.
(c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Sub-
titles B and C of title XII of the Act are classified gen-
erally to subchapters II (§ 3811 et seq.) and III (§ 3821 et
seq.), respectively, of chapter 58 of Title 16, Conserva-
tion. For complete classification of this Act to the
Code, see Short Title of 1985 Amendment note set out
under section 1281 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.
§ 8732. Loan rates for nonrecourse marketing as-
sistance loans
(a) 2008 crop year
For purposes of the 2008 crop year, the loan
rate for a marketing assistance loan under sec-
tion 8731 of this title for a loan commodity shall
be equal to the following:
(1) In the case of wheat, $2.75 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per
bushel.
(4) In the case of barley, $1.85 per bushel.
(5) In the case of oats, $1.33 per bushel.
(6) In the case of base quality of upland cot-
ton, $0.52 per pound.
(7) In the case of extra long staple cotton,
$0.7977 per pound.
(8) In the case of long grain rice, $6.50 per
hundredweight.
(9) In the case of medium grain rice, $6.50 per
hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $9.30 per
hundredweight for each of the following kinds
of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Sec-
retary.
(12) In the case of dry peas, $6.22 per hun-
dredweight.
(13) In the case of lentils, $11.72 per hundred-
weight.
(14) In the case of small chickpeas, $7.43 per
hundredweight.
(15) In the case of graded wool, $1.00 per
pound.
(16) In the case of nongraded wool, $0.40 per
pound.
(17) In the case of mohair, $4.20 per pound.
(18) In the case of honey, $0.60 per pound.
(b) 2009 crop year
Except as provided in section 8715 1 of this
title, for purposes of the 2009 crop year, the loan
rate for a marketing assistance loan under sec-
tion 8731 of this title for a loan commodity shall
be equal to the following:
(1) In the case of wheat, $2.75 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per
bushel.
(4) In the case of barley, $1.85 per bushel.
(5) In the case of oats, $1.33 per bushel.
(6) In the case of base quality of upland cot-
ton, $0.52 per pound.
(7) In the case of extra long staple cotton,
$0.7977 per pound.
(8) In the case of long grain rice, $6.50 per
hundredweight.
(9) In the case of medium grain rice, $6.50 per
hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $9.30 per
hundredweight for each of the following kinds
of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in [section 3812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3812&num=0&edition=prelim), and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity, as determined by the Secretary shall be ineligible for—
(1) as to any commodity produced during that crop year by such person—
(A) contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act;
(B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act ([15 U.S.C. 714b(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714b/h&num=0&edition=prelim));
(C) a disaster payment;
(D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service
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Federal law — U.S. Code and appendices · legal_authorities
Page 2343
TITLE 16—CONSERVATION
§ 3811
1 See Change of Name note below.
of Pub. L. 110–246, set out as a note under section 8701
of Title 7, Agriculture.]
REFORM AND ASSESSMENT OF CONSERVATION PROGRAMS
Pub. L. 107–171, title II, § 2005, May 13, 2002, 116 Stat.
237, required the Secretary of Agriculture to develop a
plan to coordinate land retirement and agricultural
working land conservation programs that are adminis-
tered by the Secretary to achieve the goals of elimi-
nating redundancy, streamlining program delivery, and
improving services provided to agricultural producers
and to submit to Congress a report on this plan by Dec.
31, 2005.
CONSERVATION CORRIDOR DEMONSTRATION PROGRAM
Pub. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat.
1215, which authorized the Secretary of the Army to
provide technical assistance to the Secretary of Agri-
culture for use in carrying out the Conservation Cor-
ridor Demonstration Program established under sub-
title G of title II of Pub. L. 107–171, formerly set out
below, was repealed by Pub. L. 115–334, title II, § 2811(b),
Dec. 20, 2018, 132 Stat. 4602.
Pub. L. 107–171, title II, subtitle G, May 13, 2002, 116
Stat. 275, which related to a Conservation Corridor
Demonstration Program to integrate agriculture and
forestry conservation programs of the Department of
Agriculture with State and local efforts to address
farm conservation needs on the Delmarva Peninsula,
was repealed by Pub. L. 115–334, title II, § 2811(a), Dec.
20, 2018, 132 Stat. 4602.
CRANBERRY ACREAGE RESERVE PROGRAM
Pub. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat.
515, which authorized the Secretary of Agriculture to
establish a program to purchase permanent easements
in wetlands or buffer strips that were used or had a his-
t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3811
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Production on converted wetland** Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be—
(1) in violation of this section; and
(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation.
**(b) Ineligibility for certain loans and payments** If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible:
(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act.
(2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subchapter) to produce an agricultural commodity.
(3) During the crop year:
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3821
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Federal law — U.S. Code and appendices · legal_authorities
Page 2349
TITLE 16—CONSERVATION
§ 3821
1 See Change of Name note below.
AMENDMENTS
2014—Subsec. (d)(4). Pub. L. 113–79 added par. (4).
§ 3813. Soil surveys
The Secretary shall, as soon as is practicable
after December 23, 1985, complete soil surveys on
those private lands that do not have a soil sur-
vey suitable for use in determining the land ca-
pability class for purposes of this subchapter. In
carrying out this section, the Secretary shall,
insofar as possible, concentrate on those local-
ities where significant amounts of highly erod-
ible land are being converted to the production
of agricultural commodities.
(Pub. L. 99–198, title XII, § 1214, formerly § 1213,
Dec. 23, 1985, 99 Stat. 1507; renumbered § 1214,
Pub. L. 104–127, title III, § 315(a)(1), Apr. 4, 1996,
110 Stat. 983.)
§ 3814. Notice and investigation of possible com-
pliance deficiencies
(a) In general
An employee of the Department of Agriculture
who observes a possible compliance deficiency
or other potential violation of a conservation
plan or this subchapter while providing on-site
technical assistance shall provide to the respon-
sible persons, not later than 45 days after ob-
serving the possible violation, information re-
garding actions needed to comply with the plan
and this subchapter. The employee shall provide
the information in lieu of reporting the observa-
tion as a compliance violation.
(b) Corrective action
The responsible persons shall attempt to cor-
rect the deficiencies as soon as practicable after
receiving the information.
(c) Review
If the corrective action is not fully imple-
mented not later than 1 year after the respon-
sible persons receive the information, the Sec-
retary may conduct a review of the status of
compliance of the persons with the con
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3821
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Calculation method** Subject to subsections (b) and (c), for the purposes of determining the amount of the counter-cyclical payments to be paid to the producers on a farm for long grain rice and medium grain rice under section 8714 11 See References in Text note below. of this title, the base acres of rice on the farm shall be apportioned using the 4-year average of the percentages of acreage planted in the applicable State to long grain rice and medium grain rice during the 2003 through 2006 crop years, as determined by the Secretary.
**(b) Producer election** As an alternative to the calculation method described in subsection (a), the Secretary shall provide producers on a farm the opportunity to elect to apportion rice base acres on the farm using the 4-year average of—
(1) the percentages of acreage planted on the farm to long grain rice and medium grain rice during the 2003 through 2006 crop years;
(2) the percentages of any acreage on the farm that the producers were prevented from planting to long grain rice and medium grain rice during the 2003 through 2006 crop years because of drought, flood, other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; and
(3) in the case of a crop year for which a producer on a farm elected not to plant to long grain and medium grain rice during the 2003 through 2006 crop years, the percentages of acreage planted in the applicable State to long grain rice and medium grain rice, as determined by the Secretary.
**(c) Limitation** In carrying out this section, the Secretary shall use the same total base acres, payment acres, and payment yields established with respect to rice under sections 7911 and 7912 of this title, as in effect on September 30, 2007, subject to an
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