1. U.S. Code
  2. title 7
  3. chapter 113
  4. subchapter III
  5. § 8758

Collapse to view only § 8758. Adjustments of loans

§ 8751. Definitions
In this subchapter:
(1) Base acres for peanuts
(A) In general
(B) Covered commodities
(2) Counter-cyclical payment
(3) Direct payment
(4) Effective price
(5) Payment acres
The term “payment acres” means, in the case of direct payments and counter-cyclical payments—
(A) except as provided in subparagraph (B), 85 percent of the base acres of peanuts on a farm on which direct payments or counter-cyclical payments are made; and
(B) in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 percent of the base acres for peanuts on a farm on which direct payments are made.
(6) Payment yield
(7) Producer
(A) In general
(B) Hybrid seed
In determining whether a grower of hybrid seed is a producer, the Secretary shall—
(i) not take into consideration the existence of a hybrid seed contract; and
(ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this subchapter.
(8) State
The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(9) Target price
(10) United States
(Pub. L. 110–234, title I, § 1301, May 22, 2008, 122 Stat. 966; Pub. L. 110–246, § 4(a), title I, § 1301, June 18, 2008, 122 Stat. 1664, 1695.)

CITE AS: 7 USC 8751

§ 8752. Base acres for peanuts for a farm
(a) Adjustment of base acreage for peanuts
(1) In general
The Secretary shall provide for an adjustment, as appropriate, in the base acres for peanuts for a farm whenever any of the following circumstances occur:
(A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.
(B) Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.
(C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.
(D) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.
(2) Special conservation reserve acreage payment rules
(b) Prevention of excess base acres for peanuts
(1) Required reduction
(2) Other acreage
For purposes of paragraph (1), the Secretary shall include the following:
(A) Any base acres for the farm for a covered commodity.
(B) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.
(D) Any eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.
(E) If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.
(3) Selection of acres
(4) Exception for double-cropped acreage
(5) Coordinated application of requirements
(c) Reduction in base acres
(1) Reduction at option of owner
(A) In general
(B) Effect of reduction
(2) Required action by Secretary
(A) In general
The Secretary shall proportionately reduce base acres on a farm for peanuts for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land—
(i) remains devoted to commercial agricultural production; or
(ii) is likely to be returned to the previous agricultural use.
(B) Requirement
(3) Review and report
(d) Treatment of farms with limited base acres
(1) Prohibition on payments
(2) Exceptions
Paragraph (1) shall not apply to a farm owned by—
(A) a socially disadvantaged farmer or rancher (as defined in section 2003(e) of this title; 1
1 So in original. There probably should be a closing parenthesis after “title”.
or
(B) a limited resource farmer or rancher, as defined by the Secretary.
(3) Suspension of prohibition
(Pub. L. 110–234, title I, § 1302, May 22, 2008, 122 Stat. 968; Pub. L. 110–246, § 4(a), title I, § 1302, June 18, 2008, 122 Stat. 1664, 1696; Pub. L. 110–398, § 1(a)(2), Oct. 13, 2008, 122 Stat. 4213; Pub. L. 113–188, title I, § 101(a), Nov. 26, 2014, 128 Stat. 2017.)

CITE AS: 7 USC 8752

§ 8753. Repealed. Pub. L. 113–79, title I, § 1101, Feb. 7, 2014, 128 Stat. 658

CITE AS: 7 USC 8753

§ 8754. Repealed. Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658

CITE AS: 7 USC 8754

§ 8755. Producer agreement required as condition on provision of payments
(a) Compliance with certain requirements
(1) Requirements
Before the producers on a farm may receive direct payments or counter-cyclical payments under this subchapter, or average crop revenue election payments under section 8715 1
1 See References in Text note below.
of this title, with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments—
(A) to 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.);
(B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility requirements of section 8756 of this title;
(D) to use the land on the farm, in a quantity equal to the attributable base acres for peanuts and any base acres for the farm under subchapter I, for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and
(E) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (D).
(2) Compliance
(3) Modification
(b) Transfer or change of interest in farm
(1) Termination
(A) In general
(B) Effective date
(2) Exception
(c) Acreage reports
(1) In general
(2) Penalties
(d) Tenants and sharecroppers
(e) Sharing of payments
(f) Extension of 2008 signup
(1) In general
Notwithstanding any other provision of law, the Secretary shall extend the 2008 crop year deadline for the signup for benefits under this subchapter by producers on a farm with base acres of 10 acres or less until the later of—
(A)November 14, 2008; or
(B) the end of the 45-day period beginning on October 13, 2008.
(2) Penalties
(Pub. L. 110–234, title I, § 1305, May 22, 2008, 122 Stat. 972; Pub. L. 110–246, § 4(a), title I, § 1305, June 18, 2008, 122 Stat. 1664, 1701; Pub. L. 110–398, § 1(b)(2), Oct. 13, 2008, 122 Stat. 4213.)

CITE AS: 7 USC 8755

§ 8756. Planting flexibility
(a) Permitted crops
(b) Limitations regarding certain commodities
(1) General limitation
(2) Treatment of trees and other perennials
(3) Covered agricultural commoditiesParagraphs (1) and (2) apply to the following agricultural commodities:
(A) Fruits.
(B) Vegetables (other than mung beans and pulse crops).
(C) Wild rice.
(c) ExceptionsParagraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection—
(1) in any region in which there is a history of double-cropping of peanuts with agricultural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be permitted;
(2) on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on the base acres for peanuts, except that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or
(3) by the producers on a farm that the Secretary determines has an established planting history of a specific agricultural commodity specified in subsection (b)(3), except that—
(A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1991 through 1995 or 1998 through 2001 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and
(B) direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity.
(Pub. L. 110–234, title I, § 1306, May 22, 2008, 122 Stat. 973; Pub. L. 110–246, § 4(a), title I, § 1306, June 18, 2008, 122 Stat. 1664, 1702.)

CITE AS: 7 USC 8756

§ 8757. Marketing assistance loans and loan deficiency payments for peanuts
(a) Nonrecourse loans available
(1) Availability
(2) Terms and conditions
(3) Eligible production
(4) Options for obtaining loanA marketing assistance loan under this subsection, and loan deficiency payments under subsection (e), may be obtained at the option of the producers on a farm through—
(A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or
(B) the Farm Service Agency.
(5) Storage of loan peanutsAs a condition on the Secretary’s approval of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree—
(A) to provide such storage on a nondiscriminatory basis; and
(B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section.
(6) Storage, handling, and associated costs
(A) In general
(B) Redemption and forfeitureThe Secretary shall—
(i) require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and
(ii) pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section.
(7) Marketing
(b) Loan rate
(c) Term of loan
(1) In general
(2) Extensions prohibited
(d) Repayment rate
(1) In generalThe Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under subsection (a) at a rate that is the lesser of—
(A) the loan rate established for peanuts under subsection (b), plus interest (determined in accordance with section 7283 of this title); or
(B) a rate that the Secretary determines will—
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of stocks of peanuts by the Federal Government;
(iii) minimize the cost incurred by the Federal Government in storing peanuts; and
(iv) allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally.
(2) Authority to temporarily adjust repayment rates
(A) Adjustment authority
(B) Duration
(e) Loan deficiency payments
(1) Availability
(2) ComputationA loan deficiency payment under this subsection shall be computed by multiplying—
(A) the payment rate determined under paragraph (3) for peanuts; by
(B) the quantity of the peanuts produced by the producers, excluding any quantity for which the producers obtain a marketing assistance loan under subsection (a).
(3) Payment rateFor purposes of this subsection, the payment rate shall be the amount by which—
(A) the loan rate established under subsection (b); exceeds
(B) the rate at which a loan may be repaid under subsection (d).
(4) Effective date for payment rate determination
(f) Compliance with conservation and wetlands requirements
(g) Reimbursable agreements and payment of administrative expenses
(Pub. L. 110–234, title I, § 1307, May 22, 2008, 122 Stat. 974; Pub. L. 110–246, § 4(a), title I, § 1307, June 18, 2008, 122 Stat. 1664, 1703.)

CITE AS: 7 USC 8757

§ 8758. Adjustments of loans
(a) Adjustment authority
(b) Manner of adjustment
(c) Adjustment on county basis
(1) In general
(2) Prohibition
(Pub. L. 110–234, title I, § 1308, May 22, 2008, 122 Stat. 977; Pub. L. 110–246, § 4(a), title I, § 1308, June 18, 2008, 122 Stat. 1664, 1705.)

CITE AS: 7 USC 8758