7 U.S.C. § 8712 — Payment yields
submitted 18 years ago by Pub. L. 110-234 to r/title-7-AGRICULTURE · 402 words · no verdicts yet
The Secretary must establish payment yields for designated oilseeds and eligible pulse crops when the earlier law did not establish one. The section sets the historical-yield calculation, adjustments, fallback rules, and a 75-percent county-yield floor.
(a) Establishment and purpose. To make direct and counter-cyclical payments under this subchapter, the Secretary must establish a yield for each farm for a designated oilseed or eligible pulse crop* if section 7912 did not establish one. (b) Payment yields. (1) For each such crop, the Secretary must find the farm’s average yield per planted acre for the 1998–2001 crop years, leaving out a year in which the farm planted zero acres of that crop. (2)(A) The farm’s payment yield* equals: (i) that average farm yield, multiplied by (ii) the national average yield for the crop in 1981–1985 divided by the national average yield for the crop in 1998–2001. (B) If national-average information is unavailable, the Secretary must use information the Secretary finds fair and equitable to establish it. (3) If the farm’s yield in any 1998–2001 year was below 75 percent of the county yield, the Secretary must use 75 percent of the county yield for that year when calculating the average. (4) If historical yield data is unavailable, the Secretary must use the dry-pea ratio from paragraph (2)(A)(ii), as the Secretary finds fair and equitable, to calculate yields for these crops.
For the purpose of making direct payments and counter-cyclical payments under this subchapter, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop* for which a payment yield* was not established under section 7912 of this title in accordance with this section.
In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero.
The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following:
The average yield for the designated oilseed or pulse crop determined under paragraph (1).
The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops.
To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
If the yield per planted acre for a crop of a designated oilseed or pulse crop for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed or pulse crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1).
In the case of establishing yields for designated oilseeds and eligible pulse crops, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under paragraph (2)(A)(ii) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary.
Source credit: (Pub. L. 110–234, title I, § 1102, May 22, 2008, 122 Stat. 940; Pub. L. 110–246, § 4(a), title I, § 1102, June 18, 2008, 122 Stat. 1664, 1669.)
- 2008Enacted · Pub. L. 110-234 · 122 Stat. 940
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1669
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-234 on 2008-05-22.
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