7 USC 7952 - Establishment of payment yield and base acres for peanuts for a farm

U.S Code last checked for updates: Nov 23, 2024

§ 7952.

Establishment of payment yield and base acres for peanuts for a farm

(a)

Average yield and acreage average for historic peanut producers

(1)

Determination of average yield

(A)

In general

(B)

Assigned yields

(2)

Determination of acreage average

(A)

In general

The Secretary shall determine, for each historic peanut producer, the 4-year average of the following:

(i)

Acreage planted to peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years.

(ii)

Any acreage on each farm that the historic peanut producer was prevented from planting to peanuts during the 1998 through 2001 crop years because of drought, flood, or other natural disaster, or other condition beyond the control of the historic peanut producer, as determined by the Secretary.

(B)

Inclusion of all 4 years in average

(C)

Proportional shares

(3)

Time for determinations

(4)

Special considerations

In making the determinations required by this subsection, the Secretary shall take into account changes in the number, identity, or interest of producers sharing in the risk of producing a peanut crop since the 1998 crop year, including providing a method for the assignment of average acres and average yield to a farm—

(A)

when an historic peanut producer is no longer living;

(B)

when an entity composed of historic peanut producers has been dissolved; or

(C)

in other appropriate situations, as determined by the Secretary.

(b)

Assignment of average yields and average acreage to farms

(1)

Assignment by historic peanut producers

(2)

Limitation on acreage assignment

Notwithstanding paragraph (1), the average acreage determined under subsection (a)(2) for a farm may not be assigned to a farm in a contiguous State unless—

(A)

the historic peanut producer making the assignment produced peanuts in that State during at least 1 of the 1998 through 2001 crop years; or

(B)

as of March 31, 2003, the historic peanut producer is a producer on a farm in that State.

(3)

Notice of assignment opportunity

The Secretary shall provide notice to historic peanut producers regarding their opportunity to assign average peanut yields and average acreages to farms under paragraph (1). The notice shall include the following:

(A)

Notice that the opportunity to make the assignments is being provided only once.

(B)

A description of the limitation in paragraph (2) on their ability to make the assignments.

(C)

Information regarding the manner in which the assignments must be made and the time periods and manner in which notice of the assignments must be submitted to the Secretary.

(4)

Assignment deadlines

(c)

Payment yield

(d)

Base acres for peanuts

(e)

Treatment of conservation reserve contract acreage

(1)

In general

The Secretary shall provide for an adjustment, as appropriate, in the base acres for peanuts for a farm whenever either of the following circumstances occur:

(A)

A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated.

(B)

Cropland is released from coverage under a conservation reserve contract by the Secretary.

(2)

Special payment rules

(f)

Prevention of excess base acres for peanuts

(1)

Required reduction

(2)

Other acreage

For purposes of paragraph (1), the Secretary shall include the following:

(A)

Any base acres for the farm under subchapter I.

(B)

Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).

(C)

Any other acreage on the farm enrolled in a conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.

(3)

Selection of acres

(4)

Exception for double-cropped acreage

(5)

Coordinated application of requirements

(g)

Permanent reduction in base acres for peanuts

(Pub. L. 107–171, title I, § 1302, May 13, 2002, 116 Stat. 167.)

cite as: 7 USC 7952