7 U.S.C. § 7955 — Producer agreement required as condition on provision of direct payments and counter-cyclical payments
submitted 24 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 505 words · no verdicts yet
Before receiving direct or counter-cyclical payments, producers must agree to follow specified land-use, conservation, wetland, planting, and maintenance requirements. A transfer or change in the producers' interest in the farm's peanut base acres generally ends payments for those acres unless the transferee or owner assumes the obligations; the section also requires acreage reports and protections for tenants and sharecroppers.
(a) What producers must agree to. (1) Before getting direct or counter-cyclical payments for a farm, its producers must agree, for the crop year they're being paid for, to: (A) follow conservation requirements under the Food Security Act of 1985; (B) follow wetland protection requirements under that same Act; (C) follow the planting flexibility rules in section 7956; (D) use land equal to the farm's peanut base acres and subchapter I base acres for farming or conservation only — not commercial or industrial use; and (E) if part of that land is not being farmed, control noxious weeds and otherwise maintain it using sound farming practices. (2) The Secretary* can issue rules to make sure producers follow these requirements. (3) At the new owner's or transferee's request, the Secretary can modify these requirements, if doing so still fits their purpose.
(b) Selling or transferring the farm. (1) Normally, if the producers' interest in the farm's peanut base acres changes hands, the payments for those acres stop — unless the new owner or transferee agrees to take on all the same duties from (a). (2) Exception: if a producer* who was owed a payment dies, becomes unable to manage their affairs, or otherwise can't receive the payment, the Secretary still makes the payment, following the Secretary's own rules.
(c) Acreage reports. To get direct payments, counter-cyclical payments, marketing loans, or loan deficiency payments, producers on a farm with an assigned peanut payment yield* and base acres must file an annual report listing all the farm's cropland.
(d) Tenants and sharecroppers. The Secretary must put in place adequate protections for the interests of tenants and sharecroppers.
(e) Sharing payments. The Secretary must make sure direct and counter-cyclical payments are split among a farm's producers fairly and equitably.
Before the producers on a farm may receive direct payments or counter-cyclical payments under this subchapter 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—
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.);
to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);
to comply with the planting flexibility requirements of section 7956 of this title;
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 or industrial use, as determined by the Secretary*; and
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).
The Secretary may issue such rules as the Secretary considers necessary to ensure producer* compliance with the requirements of paragraph (1).
At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary.
Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm in the base acres for peanuts for which direct payments or counter-cyclical payments are made shall result in the termination of the payments with respect to those acres, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). The termination shall take effect on the date determined by the Secretary.
If a producer entitled to a direct payment* or counter-cyclical payment* dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary.
As a condition on the receipt of direct payments, counter-cyclical payments, marketing assistance loans, or loan deficiency payments under this subchapter, the Secretary shall require the producers on a farm to which a payment yield* and base acres for peanuts are assigned under section 7952 of this title to submit to the Secretary annual acreage reports with respect to all cropland on the farm.
In carrying out this subchapter, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.
The Secretary shall provide for the sharing of direct payments and counter-cyclical payments among the producers on a farm on a fair and equitable basis.
Source credit: (Pub. L. 107–171, title I, § 1305, May 13, 2002, 116 Stat. 173.)
- 2002Enacted · Pub. L. 107-171 · 116 Stat. 173
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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