7 USC § 7936 - Payments in lieu of loan deficiency payments for grazed acreage
(a)
Eligible producers
(1)
In general
Effective for the 2002 through 2007 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section
7935 of this title for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.
(2)
Grazing of triticale acreage
Effective for the 2002 through 2007 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.
(b)
Payment amount
(1)
In general
The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) of this section shall be equal to the amount determined by multiplying—
(A)
the loan deficiency payment rate determined under section
7935
(c) of this title in effect, as of the date of the agreement, for the county in which the farm is located; by
(B)
the payment quantity determined by multiplying—
(i)
the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and
(ii)
the payment yield in effect for the calculation of direct payments under subchapter I of this chapter with respect to that loan commodity on the farm or, in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary in a manner consistent with section
7912
(c) of this title.
(2)
Grazing of triticale acreage
The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) of this section shall be equal to the amount determined by multiplying—
(A)
the loan deficiency payment rate determined under section
7935
(c) of this title in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by
(B)
the payment quantity determined by multiplying—
(i)
the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and
(ii)
the payment yield in effect for the calculation of direct payments under subchapter I of this chapter with respect to wheat on the farm or, in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with section
7912
(c) of this title.
(c)
Time, manner, and availability of payment
(1)
Time and manner
A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section
7935 of this title.
(2)
Availability
The Secretary shall establish an availability period for the payments authorized by this section. In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter.
(d)
Prohibition on crop insurance indemnity or noninsured crop assistance
A 2002 through 2007 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a) of this section, to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section
7333 of this title.
(a)
Eligible producers
(1)
In general
Effective for the 2002 through 2007 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section
7935 of this title for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.
(2)
Grazing of triticale acreage
Effective for the 2002 through 2007 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.
(b)
Payment amount
(1)
In general
The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) of this section shall be equal to the amount determined by multiplying—
(A)
the loan deficiency payment rate determined under section
7935
(c) of this title in effect, as of the date of the agreement, for the county in which the farm is located; by
(B)
the payment quantity determined by multiplying—
(i)
the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and
(ii)
the payment yield in effect for the calculation of direct payments under subchapter I of this chapter with respect to that loan commodity on the farm or, in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary in a manner consistent with section
7912
(c) of this title.
(2)
Grazing of triticale acreage
The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) of this section shall be equal to the amount determined by multiplying—
(A)
the loan deficiency payment rate determined under section
7935
(c) of this title in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by
(B)
the payment quantity determined by multiplying—
(i)
the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and
(ii)
the payment yield in effect for the calculation of direct payments under subchapter I of this chapter with respect to wheat on the farm or, in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with section
7912
(c) of this title.
(c)
Time, manner, and availability of payment
(1)
Time and manner
A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section
7935 of this title.
(2)
Availability
The Secretary shall establish an availability period for the payments authorized by this section. In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter.
(d)
Prohibition on crop insurance indemnity or noninsured crop assistance
A 2002 through 2007 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a) of this section, to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section
7333 of this title.
Source
(Pub. L. 107–171, title I, § 1206,May 13, 2002, 116 Stat. 159.)
References in Text
This subchapter, referred to in subsec. (c)(2), was in the original “this subtitle”, meaning subtitle B (§§ 1201–1209) of title I of Pub. L. 107–171, May 13, 2002, 116 Stat. 155, which is classified principally to this subchapter. For complete classification of subtitle B to the Code, see Tables.
The Federal Crop Insurance Act, referred to in subsec. (d), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter
36 of this title. For complete classification of this Act to the Code, see section
1501 of this title and Tables.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
| 7 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|
This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.
