7 U.S.C. § 7936 | Payments in lieu of loan deficiency payments for grazed acreage

(a)

Eligible producers

(1)

In general

section 7935 of this titleEffective for the 2002 through 2007 crop years, in the case of a producer that would be eligible for a loan deficiency payment under for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.

(2)

Grazing of triticale acreage

Effective for the 2002 through 2007 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.

(b)

Payment amount

(1)

In general

The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying—

(A)

section 7935(c) of this title the loan deficiency payment rate determined under in effect, as of the date of the agreement, for the county in which the farm is located; by

(B)

the payment quantity determined by multiplying—

(i)

the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and

(ii)

section 7912(c) of this title the payment yield in effect for the calculation of direct payments under subchapter I with respect to that loan commodity on the farm or, in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary in a manner consistent with .

(2)

Grazing of triticale acreage

The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying—

(A)

section 7935(c) of this title the loan deficiency payment rate determined under in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by

(B)

the payment quantity determined by multiplying—

(i)

the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and

(ii)

section 7912(c) of this title the payment yield in effect for the calculation of direct payments under subchapter I with respect to wheat on the farm or, in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with .

(c)

Time, manner, and availability of payment

(1)

Time and manner

section 7935 of this titleA payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under .

(2)

Availability

The Secretary shall establish an availability period for the payments authorized by this section. In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter.

(d)

Prohibition on crop insurance indemnity or noninsured crop assistance

7 U.S.C. 1501 section 7333 of this titleA 2002 through 2007 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under the Federal Crop Insurance Act ( et seq.) or noninsured crop assistance under .

Pub. L. 107–171, title I, § 1206May 13, 2002116 Stat. 159 (, , .)

Editorial Notes

References in Text

Pub. L. 107–171May 13, 2002116 Stat. 155 This subchapter, referred to in subsec. (c)(2), was in the original “this subtitle”, meaning subtitle B (§§ 1201–1209) of title I of , , , which is classified principally to this subchapter. For complete classification of subtitle B to the Code, see Tables.

act Feb. 16, 1938, ch. 30 52 Stat. 72 section 1501 of this titleThe Federal Crop Insurance Act, referred to in subsec. (d), is subtitle A of title V of , , which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see and Tables.