7 U.S.C. § 7913 — Availability of direct payments
submitted 24 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 468 words · no verdicts yet
The Secretary must pay eligible farm producers a fixed per-bushel or per-pound direct payment for each covered commodity, from 2002 through 2007. Producers may receive a portion of the payment in advance, but must repay it if they cease to be a producer on the farm or their share of the risk of producing a crop changes before the rest of the payment is made.
(a) Payment required. For each crop year from 2002 through 2007, the Secretary* must pay direct payments to producers on any farm that has an established payment yield* and base acres for that covered commodity*.
(b) Payment rate. The rate per unit is fixed by law: wheat $0.52 a bushel, corn $0.28 a bushel, grain sorghum $0.35 a bushel, barley $0.24 a bushel, oats $0.024 a bushel, upland cotton $0.0667 a pound, rice $2.35 per hundredweight, soybeans $0.44 a bushel, and other oilseeds $0.0080 a pound.
(c) Payment amount. To find a farm's direct payment* for a commodity: multiply the payment rate from (b), by the farm's payment acres* for that commodity, by the farm's payment yield for that commodity.
(d) Time for payment. For the 2002 crop year, the Secretary must pay as soon as practical after May 13, 2002. For 2003 through 2007, payment can't happen before October 1 of the year the crop is harvested. Producers may also choose to get part of the payment early: up to 50 percent for 2003–2005, up to 40 percent for 2006, and up to 22 percent for 2007. Producers pick which month the advance comes, any time from the December before harvest through the month the full payment would normally be made, and may change that chosen month later by telling the Secretary in advance. If a producer* who got an advance ceases to be a producer on that farm, or the extent to which that producer shares in the risk of producing a crop changes, before the rest of the payment is made, that producer must repay the Secretary the advance amount, as the Secretary calculates it.
For each of the 2002 through 2007 crop years of each covered commodity*, the Secretary* shall make direct payments to producers on farms for which payment yields and base acres are established.
The payment rates used to make direct payments with respect to covered commodities for a crop year are as follows:
Wheat, $0.52 per bushel.
Corn, $0.28 per bushel.
Grain sorghum, $0.35 per bushel.
Barley, $0.24 per bushel.
Oats, $0.024 per bushel.
Upland cotton, $0.0667 per pound.
Rice, $2.35 per hundredweight.
Soybeans, $0.44 per bushel.
Other oilseeds, $0.0080 per pound.
The amount of the direct payment* to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following:
The payment rate specified in subsection (b).
The payment acres* of the covered commodity on the farm.
The payment yield* for the covered commodity for the farm.
The Secretary shall make direct payments—
in the case of the 2002 crop year, as soon as practicable after May 13, 2002; and
in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the covered commodity is harvested.
At the option of the producers on a farm, up to 50 percent of the direct payment for a covered commodity for any of the 2003 through 2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year, shall be paid to the producers in advance. The producers shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop of the covered commodity is harvested through the month within which the direct payment would otherwise be made. The producers may change the selected month for a subsequent advance payment by providing advance notice to the Secretary.
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.
Source credit: (Pub. L. 107–171, title I, § 1103, May 13, 2002, 116 Stat. 149; Pub. L. 109–171, title I, § 1102(a), Feb. 8, 2006, 120 Stat. 5.)
- 2002Enacted · Pub. L. 107-171 · 116 Stat. 149
- 2006Amended · Pub. L. 109-171 · 120 Stat. 5
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-171 on 2002-05-13.
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