dreamproit/uscode huggingface dataset:
7 U.S.C. § 8753 (AGRICULTURE)
§ 8753. Availability of direct payments for peanuts
(a) Payment required
For each of the 2008 through 2012 crop years for peanuts, the Secretary shall make direct payments to the producers on a farm for which a payment yield and base acres for peanuts are established.
(b) Payment rate
Except as provided in section 8715 of this title, the payment rate used to make direct payments with respect to peanuts for a crop year shall be equal to $36 per ton.
(c) Payment amount
The amount of the direct payment to be paid to the producers on a farm for peanuts for a crop year shall be equal to the product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres on the farm.
(3) The payment yield for the farm.
(d) Time for payment
(1) In general
Except as provided in paragraph (2), in the case of each of the 2008 through 2012 crop years, the Secretary may not make direct payments under this section before October 1 of the calendar year in which the crop is harvested.
(2) Advance payments
(A) Option
(i) In general
At the option of the producers on a farm, the Secretary shall pay in advance up to 22 percent of the direct payment for peanuts for any of the 2008 through 2011 crop years to the producers on a farm.
(ii) 2008 crop year
If the producers on a farm elect to receive advance direct payments under clause (i) for peanuts for the 2008 crop year, as soon as practicable after the election, the Secretary shall make the advance direct payment to the producers on the farm.
(B) Month
(i) Selection
Subject to clauses (ii) and (iii), the producers on a farm shall select the month during which the advance payment for a crop year will be made.
(ii) Options
The month selected may be any month during the period—
(I) beginning on December 1 of the calendar year before the calendar year in which the crop of peanuts is harvested; and
(II) ending during the month within which the direct payment would otherwise be made.
(iii) Change
The producers on a farm may change the selected month for a subsequent advance payment by providing advance notice to the Secretary.
(3) Repayment of advance payments
If a producer on a farm that receives an advance direct payment for a crop year ceases to be a producer on that farm, or the extent to which the producer shares in the risk of producing a crop changes, before the date the remainder of the direct payment is made, the producer shall be responsible for repaying the Secretary the applicable amount of the advance payment, as determined by the Secretary.
(Pub. L. 110–234, title I, § 1303, May 22, 2008, 122 Stat. 970; Pub. L. 110–246, § 4(a), title I, § 1303, June 18, 2008, 122 Stat. 1664, 1698.)
heading: Codification
text: 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.
7 U.S.C. § 8756 (AGRICULTURE)
§ 8756. Planting flexibility
(a) Permitted crops
Subject to subsection (b), any commodity or crop may be planted on the base acres for peanuts on a farm.
(b) Limitations regarding certain commodities
(1) General limitation
The planting of an agricultural commodity specified in paragraph (3) shall be prohibited on base acres for peanuts unless the commodity, if planted, is destroyed before harvest.
(2) Treatment of trees and other perennials
The planting of an agricultural commodity specified in paragraph (3) that is produced on a tree or other perennial plant shall be prohibited on base acres for peanuts.
(3) Covered agricultural commodities
Paragraphs (1) and (2) apply to the following agricultural commodities:
(A) Fruits.
(B) Vegetables (other than mung beans and pulse crops).
(C) Wild rice.
(c) Exceptions
Paragraphs (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.)
heading: Codification
text: 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.
7 U.S.C. § 8758 (AGRICULTURE)
§ 8758. Adjustments of loans
(a) Adjustment authority
The Secretary may make appropriate adjustments in the loan rates for peanuts for differences in grade, type, quality, location, and other factors.
(b) Manner of adjustment
The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for peanuts will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subchapter and subtitles B, D, and E.
(c) Adjustment on county basis
(1) In general
Subject to paragraph (2), the Secretary may establish loan rates for a crop of peanuts for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.
(2) Prohibition
Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
(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.)
heading: References in Text
text: Subtitles B, D, and E, referred to in subsec. (b), are subtitles B (§ 1201 et seq.), D (§ 1401 et seq.), and E (§ 1501 et seq.), respectively, of title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1681. Subtitle B is classified generally to subchapter II (§ 8731 et seq.) of this chapter. Subtitle D enacted sections 1359kk, 1359ll, and 7287 of this title, amended sections 1359aa to 1359gg, 1359ii, 7272, and 7971 of this title, repealed former section 1359kk of this title, and enacted provisions set out as notes under sections 3602 and 7272 of this title. Subtitle E enacted subchapter IV (§ 8771 et seq.) of this chapter and amended sections 450l, 608c, 1637b, 4502, 4504, and 4531 of this title and section 713a–14 of Title 15, Commerce and Trade. For complete classification of subtitles B, D, and E to the Code, see Tables.
heading: Codification
text: 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.
7 U.S.C. § 8784 (AGRICULTURE)
§ 8784. Assignment of payments
(a) In general
The provisions of section 590h(g) of title 16, relating to assignment of payments, shall apply to payments made under this chapter.
(b) Notice
The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section.
(Pub. L. 110–234, title I, § 1608, May 22, 2008, 122 Stat. 1018; Pub. L. 110–246, § 4(a), title I, § 1608, June 18, 2008, 122 Stat. 1664, 1746.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
heading: Codification
text: 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.
7 U.S.C. § 8785 (AGRICULTURE)
§ 8785. Tracking of benefits
As soon as practicable after the date of enactment of this Act, the Secretary may track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles.
(Pub. L. 110–234, title I, § 1609, May 22, 2008, 122 Stat. 1018; Pub. L. 110–246, § 4(a), title I, § 1609, June 18, 2008, 122 Stat. 1664, 1746.)
heading: References in Text
text: The date of enactment of this Act, referred to in text, is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
Titles I and II, referred to in text, are titles I and II of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, 1753, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of titles I and II to the Code, see Tables.
heading: Codification
text: 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.
7 U.S.C. § 8786 (AGRICULTURE)
§ 8786. Prevention of deceased individuals receiving payments under farm commodity programs
(a) Regulations
Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations that—
(1) describe the circumstances under which, in order to allow for the settlement of estates and for related purposes, payments may be issued in the name of a deceased individual; and
(2) preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for the payments.
(b) Coordination
At least twice each year, the Secretary shall reconcile the social security numbers of all individuals who receive payments under this chapter, whether directly or indirectly, with the Social Security Administration to determine if the individuals are alive.
(Pub. L. 110–234, title I, § 1611, May 22, 2008, 122 Stat. 1018; Pub. L. 110–246, § 4(a), title I, § 1611, June 18, 2008, 122 Stat. 1664, 1746.)
heading: References in Text
text: The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
This chapter, referred to in subsec. (b), was in the original “this title”, meaning title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
heading: Codification
text: 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.
7 U.S.C. § 8787 (AGRICULTURE)
§ 8787. Hard white wheat development program
(a) Definitions
In this section:
(1) Eligible hard white wheat seed
The term “eligible hard white wheat seed” means hard white wheat seed that, as determined by the Secretary, is—
(A) certified;
(B) of a variety that is suitable for the State in which the seed will be planted;
(C) rated at least superior with respect to quality; and
(D) specifically approved under a seed establishment program established by the State Department of Agriculture and the State Wheat Commission of the 1 or more States in which the seed will be planted.
(2) Program
The term “program” means the hard white wheat development program established under subsection (b)(1).
(3) Secretary
The term “Secretary” means the Secretary of Agriculture, in consultation with the State Departments of Agriculture and the State Wheat Commissions of the States in regions in which hard white wheat is produced, as determined by the Secretary.
(b) Establishment
(1) In general
Subject to the availability of appropriations, the Secretary shall establish a hard white wheat development program in accordance with paragraph (2) to promote the establishment of hard white wheat as a viable market class of wheat in the United States by encouraging production of at least 240,000,000 bushels of hard white wheat by 2012.
(2) Payments
(A) In general
Subject to subparagraphs (B) and (C) and subsection (c), if funds are made available for any of the 2009 through 2012 crops of hard white wheat, the Secretary shall make available incentive payments to producers of those crops.
(B) Acreage limitation
The Secretary shall carry out subparagraph (A) subject to a regional limitation determined by the Secretary on the number of acres for which payments may be received that takes into account planting history and potential planting, but does not exceed a total of 2,900,000 acres or the equivalent volume of production based on a yield of 50 bushels per acre.
(C) Payment limitations
Payments to producers on a farm described in subparagraph (A) shall be—
(i) in an amount that is not less than $0.20 per bushel; and
(ii) in an amount that is not less than $2.00 per acre for planting eligible hard white wheat seed.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out this section $35,000,000 for the period of fiscal years 2009 through 2012.
(Pub. L. 110–234, title I, § 1612, May 22, 2008, 122 Stat. 1019; Pub. L. 110–246, § 4(a), title I, § 1612, June 18, 2008, 122 Stat. 1664, 1747.)
heading: Codification
text: 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.
7 U.S.C. § 8788 (AGRICULTURE)
§ 8788. Durum wheat quality program
(a) In general
Subject to the availability of funds under subsection (c), the Secretary shall provide compensation to producers of durum wheat in an amount not to exceed 50 percent of the actual cost of fungicides applied to a crop of durum wheat of the producers to control Fusarium head blight (wheat scab) on acres certified to have been planted to Durum wheat in a crop year.
(b) Insufficient funds
If the total amount of funds appropriated for a fiscal year under subsection (c) are insufficient to fulfill all eligible requests for compensation under this section, the Secretary shall prorate the compensation payments in a manner determined by the Secretary to be equitable.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2009 through 2012.
(Pub. L. 110–234, title I, § 1613, May 22, 2008, 122 Stat. 1019; Pub. L. 110–246, § 4(a), title I, § 1613, June 18, 2008, 122 Stat. 1664, 1748.)
heading: Codification
text: 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.
7 U.S.C. § 8789 (AGRICULTURE)
§ 8789. Storage facility loans
(a) In general
As soon as practicable after the date of enactment of this Act, the Secretary shall establish a storage facility loan program to provide funds for producers of grains, oilseeds, pulse crops, hay, renewable biomass, and other storable commodities (other than sugar), as determined by the Secretary, to construct or upgrade storage and handling facilities for the commodities.
(b) Eligible producers
A storage facility loan under this section shall be made available to any producer described in subsection (a) that, as determined by the Secretary—
(1) has a satisfactory credit history;
(2) has a need for increased storage capacity; and
(3) demonstrates an ability to repay the loan.
(c) Term of loans
A storage facility loan under this section shall have a maximum term of 12 years.
(d) Loan amount
The maximum principal amount of a storage facility loan under this section shall be $500,000.
(e) Loan disbursements
The Secretary shall provide for 1 partial disbursement of loan principal and 1 final disbursement of loan principal, as determined to be appropriate and subject to acceptable documentation, to facilitate the purchase and construction of eligible facilities.
(f) Loan security
Approval of a storage facility loan under this section shall—
(1) require the borrower to provide loan security to the Secretary, in the form of—
(A) a lien on the real estate parcel on which the storage facility is located; or
(B) such other security as is acceptable to the Secretary;
(2) under such rules and regulations as the Secretary may prescribe, not require a severance agreement from the holder of any prior lien on the real estate parcel on which the storage facility is located, if the borrower—
(A) agrees to increase the down payment on the storage facility by an amount determined appropriate by the Secretary; or
(B) provides other security acceptable to the Secretary; and
(3) allow a borrower, upon the approval of the Secretary, to define a subparcel of real estate as security for the storage facility loan if the subparcel is—
(A) of adequate size and value to adequately secure the loan; and
(B) not subject to any other liens or mortgages that are superior to the lien interest of the Commodity Credit Corporation.
(Pub. L. 110–234, title I, § 1614, May 22, 2008, 122 Stat. 1020; Pub. L. 110–246, § 4(a), title I, § 1614, June 18, 2008, 122 Stat. 1664, 1748.)
heading: References in Text
text: The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
heading: Codification
text: 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.
7 U.S.C. § 8790 (AGRICULTURE)
§ 8790. Signature authority
(a) In general
In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature.
(b) Affirmation
(1) In general
Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a).
(2) No retroactive effect
A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers—
(A) relied on the prior approval by the Secretary of the documents in good faith; and
(B) substantively complied with all program requirements 1
(Pub. L. 110–234, title I, § 1617, May 22, 2008, 122 Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1617, June 18, 2008, 122 Stat. 1664, 1750.)
heading: References in Text
text: This title and title II, referred to in subsec. (a), are titles I and II of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, 1753, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of titles I and II to the Code, see Tables.
heading: Codification
text: 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.
7 U.S.C. § 8792 (AGRICULTURE)
§ 8792. Geographically disadvantaged farmers and ranchers
(a) Definitions
In this section:
(1) Agricultural commodity
The term “agricultural commodity” has the meaning given the term in section 5602 of this title.
(2) Geographically disadvantaged farmer or rancher
The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 2204 note; Public Law 107–171).
(b) Authorization
Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
(c) Transportation
(1) In general
Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) Proof of eligibility
To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) Amount
(A) In general
Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically disadvantaged farmer or rancher for transportation of the agricultural commodity or inputs during the fiscal year; and
(ii)
(I) the percentage of the allowance for that fiscal year under section 5941 of title 5 for Federal employees stationed in Alaska and Hawaii; or
(II) in the case of an insular area (as defined in section 3103 of this title), a comparable percentage of the allowance for the fiscal year, as determined by the Secretary.
(B) Limitation
The total amount of direct reimbursement payments provided by the Secretary under this section shall not exceed $15,000,000 for a fiscal year.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2012.
(Pub. L. 110–234, title I, § 1621, May 22, 2008, 122 Stat. 1024; Pub. L. 110–246, § 4(a), title I, § 1621, June 18, 2008, 122 Stat. 1664, 1752.)
heading: Codification
text: 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.
7 U.S.C. § 8793 (AGRICULTURE)
§ 8793. Implementation
The Secretary shall make available to the Farm Service Agency to carry out this chapter $50,000,000.
(Pub. L. 110–234, title I, § 1622, May 22, 2008, 122 Stat. 1025; Pub. L. 110–246, § 4(a), title I, § 1622, June 18, 2008, 122 Stat. 1664, 1753.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
heading: Codification
text: 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.