# Food, Conservation, and Energy Act of 2008/Title I
## TITLE I—COMMODITY PROGRAMS
### SEC. 1001. Definitions.

    In this title (other than subtitle C):
       (1) Average crop revenue election payment.—
          The term “average crop revenue election payment” means a payment made to producers on a farm under section 1105.
       (2) Base acres.—
          (A) In general.—
             The term “base acres”, with respect to a covered commodity on a farm, means the number of acres established under section 1101 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911) as in effect on September 30, 2007, subject to any adjustment under section 1101 of this Act.
          (B) Peanuts.—
             The term “base acres for peanuts” has the meaning given the term in section 1301.
       (3) Counter-cyclical payment.—
          The term “counter-cyclical payment” means a payment made to producers on a farm under section 1104.
       (4) Covered commodity.—
          The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, long grain rice, medium grain rice, pulse crops, soybeans, and other oilseeds.
       (5) Direct payment.—
          The term “direct payment” means a payment made to producers on a farm under section 1103.
       (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 section 1104 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 of the species, 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 cotton 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 authorized by the Secretary, ginned on another type gin for experimental purposes.
       (8) Loan commodity.—
          The term “loan commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.
       (9) Medium grain rice.—
          The term “medium grain rice” includes short grain rice.
       (10) Other oilseed.—
          The term “other oilseed” means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary.
       (11) 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 a covered commodity 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 the covered commodity on a farm on which direct payments are made.
       (12) Payment yield.—
          The term “payment yield” means the yield established for direct payments and the yield established for counter-cyclical payments under section 1102 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912) as in effect on September 30, 2007, or under section 1102 of this Act, for a farm for a covered commodity.
       (13) Producer.—
          (A) In general.—
             The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.
          (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 title.
       (14) Pulse crop.—
          The term “pulse crop” means dry peas, lentils, small chickpeas, and large chickpeas.
       (15) 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.
       (16) Target price.—
          The term “target price” means the price per bushel, pound, or hundredweight (or other appropriate unit) of a covered commodity used to determine the payment rate for counter-cyclical payments.
       (17) United States.—
          The term “United States”, when used in a geographical sense, means all of the States.
       (18) United States premium factor.—
          The term “United States Premium Factor” means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 11⁄8-inch upland cotton and for Middling (M) 13⁄32-inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities.

### Subtitle A—Direct Payments and Counter-Cyclical Payments

       Sec. 1101. Base acres.
       Sec. 1102. Payment yields.
       Sec. 1103. Availability of direct payments.
       Sec. 1104. Availability of counter-cyclical payments.
       Sec. 1105. Average crop revenue election program.
       Sec. 1106. Producer agreement required as condition of provision of payments.
       Sec. 1107. Planting flexibility.
       Sec. 1108. Special rule for long grain and medium grain rice.
       Sec. 1109. Period of effectiveness.

### Subtitle B—Marketing assistance loans and loan deficiency payments

       Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities.
       Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
       Sec. 1203. Term of loans.
       Sec. 1204. Repayment of loans.
       Sec. 1205. Loan deficiency payments.
       Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage.
       Sec. 1207. Special marketing loan provisions for upland cotton.
       Sec. 1208. Special competitive provisions for extra long staple cotton.
       Sec. 1209. Availability of recourse loans for high moisture feed grains and seed cotton.
       Sec. 1210. Adjustments of loans.

### Subtitle C—Peanuts

       Sec. 1301. Definitions
       Sec. 1302. Base acres for peanuts for a farm.
       Sec. 1303. Availability of direct payments for peanuts.
       Sec. 1304. Availability of counter-cyclical payments for peanuts.
       Sec. 1305. Producer agreement required as condition on provision of payments
       Sec. 1306. Planting flexibility.
       Sec. 1307. Marketing assistance loans and loan deficiency payments for peanuts.
       Sec. 1308. Adjustments of loans.

### Subtitle D—Sugar

       Sec. 1401. Sugar program.
       Sec. 1402. United States membership in the International Sugar Organization.
       Sec. 1403. Flexible marketing allotments for sugar.
       Sec. 1404. Storage facility loans.
       Sec. 1405. Commodity Credit Corporation storage payments.

### Subtitle E—Dairy

       Sec. 1501. Dairy product price support program.
       Sec. 1502. Dairy forward pricing program.
       Sec. 1503. Dairy export incentive program.
       Sec. 1504. Revision of Federal marketing order amendment procedures.
       Sec. 1505. Dairy indemnity program.
       Sec. 1506. Milk income loss contract program.
       Sec. 1507. Dairy promotion and research program.
       Sec. 1508. Report on Department of Agriculture reporting procedures for nonfat dry milk.
       Sec. 1509. Federal Milk Marketing Order Review Commission.
       Sec. 1510.Mandatory reporting of dairy commodities.

### Subtitle F—Administration

       Sec. 1601. Administration generally.
       Sec. 1602. Suspension of permanent price support authority.
       Sec. 1603. Payment limitations.
       Sec. 1604. Adjusted gross income limitation.
       Sec. 1605. Availability of quality incentive payments for covered oilseed producers.
       Sec. 1606. Personal liability of producers for deficiencies.
       Sec. 1607. Extension of existing administrative authority regarding loans.
       Sec. 1608. Assignment of payments.
       Sec. 1609. Tracking of benefits.
       Sec. 1610. Government publication of cotton price forecasts.
       Sec. 1611. Prevention of deceased individuals receiving payments under farm commodity programs.
       Sec. 1612. Hard white wheat development program.
       Sec. 1613. Durum wheat quality program.
       Sec. 1614. Storage facility loans.
       Sec. 1615. State, county, and area committees.
       Sec. 1616. Prohibition on charging certain fees.
       Sec. 1617. Signature authority.
       Sec. 1618. Modernization of Farm Service Agency.
       Sec. 1619. Information gathering.
       Sec. 1620. Leasing of office space.
       Sec. 1621. Geographically disadvantaged farmers and ranchers.
       Sec. 1622. Implementation.
       Sec. 1623. Repeals.