7 U.S.C. § 9018 — Producer agreements
submitted 12 years ago by Pub. L. 113-79 to r/title-7-AGRICULTURE · 546 words · no verdicts yet
To get farm payments, producers must agree to follow conservation and wetland rules, control weeds, and keep using the land for farming. Payments stop if the farm changes hands, unless the new owner agrees to the same rules. Producers must also file yearly reports and share payments fairly.
(a) Requirements producers must accept. Before producers on a farm can get payments under this subchapter, they must agree, for the crop year they're paid for and in exchange for that payment: (A) to follow the conservation rules in subtitle B of title XII of the Food Security Act of 1985; (B) to follow the wetland protection rules in subtitle C of that same Act; (C) to control noxious weeds and farm the land using sound practices, as the Secretary* decides; and (D) to actually use the land — in an amount matching the farm's base acres* — for farming or approved conservation use, not for nonfarm business, industrial, or housing use. The Secretary may issue rules to make sure producers follow these requirements, and may modify them, at a new owner's or transferee's request, as long as the change still fits the requirements' purpose.
(b) Changing hands. If the interest in a farm receiving payments is transferred or changed, payments normally stop — unless the new owner or transferee agrees to take on all the same requirements from subsection (a). That stop takes effect on a date the Secretary sets. Exception: if a producer* who was owed a payment dies, becomes incompetent, or otherwise can't receive it, the Secretary still pays it out, following the Secretary's own rules for that situation.
(c) Acreage reports. To get any benefits under this subchapter or subchapter II, producers must file an annual report to the Secretary listing all of their farm's cropland acreage.
(d) Production reports. Producers who chose individual-coverage agriculture risk coverage* must also file annual reports on how much of each covered commodity* they produced, across every farm in the same state* where they have an interest and where individual coverage* applies.
(e) Inaccurate reports. A producer cannot be penalized for an inaccurate acreage or production report — unless the Secretary determines the producer knowingly and willfully falsified it.
(f) Tenants and sharecroppers. The Secretary must put in place adequate protections for the interests of tenants and sharecroppers while carrying out this subchapter.
(g) Sharing payments. The Secretary must make sure payments under this subchapter are shared among a farm's producers fairly and equitably.
Before the producers on a farm may receive 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 effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary*; and
to use the land on the farm, in a quantity equal to the attributable base acres* for the farm and any base acres for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary.
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 for which payments under this subchapter are provided shall result in the termination of the payments, 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 payment under this subchapter 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 any benefits under this subchapter or subchapter II, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm.
As an additional condition on receiving agriculture risk coverage* payments for individual coverage*, the Secretary shall require a producer on a farm to submit to the Secretary annual production reports with respect to all covered commodities produced on all farms in the same State*—
in which the producer has an interest; and
for which individual coverage has been selected.
No penalty with respect to benefits under this subchapter or subchapter II shall be assessed against a producer on a farm for an inaccurate acreage or production report unless the Secretary determines that the producer on the farm knowingly and willfully falsified the acreage or production report.
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 payments made under this subchapter among the producers on a farm on a fair and equitable basis.
Source credit: (Pub. L. 113–79, title I, § 1118, Feb. 7, 2014, 128 Stat. 672.)
- 2014Enacted · Pub. L. 113-79 · 128 Stat. 672
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-79 on 2014-02-07.
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