7 U.S.C. § 8736 — Payments in lieu of loan deficiency payments for grazed acreage

(a) Eligible producers. (1) In general. For the 2008 through 2012 crop years, if a producer could get a loan deficiency payment under section 8735 for wheat, barley, or oats, but instead chooses to use that acreage for grazing livestock, the Secretary must pay the producer under this section. The producer must agree with the Secretary to give up any other harvesting of the wheat, barley, or oats on that acreage. (2) Grazing of triticale acreage. For the same years, a producer who uses triticale acreage for grazing livestock gets a payment under this section too, if the producer agrees to give up any other harvesting of the triticale on that acreage. (b) Payment amount. (1) In general. For a producer described in subsection (a)(1), the payment equals (A) the loan deficiency payment rate under section 8735(c), in effect for that county on the date of the agreement, multiplied by (B) the payment quantity — which is (i) the grazed acreage where the producer agrees to skip harvesting wheat, barley, or oats, multiplied by (ii) the payment yield used for that commodity's direct payments on the farm, or, if the farm has none, an appropriate yield the Secretary sets under section 7912. (2) Grazing of triticale acreage. For a producer described in subsection (a)(2), the payment equals (A) the wheat loan deficiency payment rate under section 8735(c), in effect for that county on the date of the agreement, multiplied by (B) the payment quantity — (i) the grazed triticale acreage where the producer agrees to skip harvesting, multiplied by (ii) the farm's wheat payment yield, or an appropriate Secretary-set yield if there is none. (c) Time, manner, and availability of payment. (1) Time and manner. Payments under this section are made the same way and at the same time as loan deficiency payments under section 8735. (2) Availability. (A) In general. The Secretary must set an availability period for these payments. (B) Certain commodities. For wheat, barley, and oats, that period must match the availability period the Secretary sets for marketing assistance loans under this subchapter. (d) Prohibition on crop insurance indemnity or noninsured crop assistance. A 2008 through 2012 crop of wheat, barley, oats, or triticale that a producer agrees, under subsection (a), to graze instead of harvest cannot also get a payout under crop insurance authorized by the Federal Crop Insurance Act, or noninsured crop assistance under section 7333.