U.S. Code > Title 7 > Chapter 106 > Subchapter III > § 7955 - Producer agreement required as condition on provision of direct payments and counter-cyclical payments
Current as of: February 2010 (a) Compliance with certain requirements
(1) Requirements
Before the producers on a farm may receive direct payments or
counter-cyclical 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 -
(A) 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.);
(B) to comply with applicable wetland protection requirements
under subtitle C of title XII of that Act (16 U.S.C. 3821 et
seq.);
(C) to comply with the planting flexibility requirements of
section 7956 of this title;
(D) to use the land on the farm, in a quantity equal to the
attributable base acres for peanuts and any base acres for the
farm under subchapter I of this chapter, for an agricultural or
conserving use, and not for a nonagricultural commercial or
industrial use, as determined by the Secretary; and
(E) to effectively control noxious weeds and otherwise
maintain the land in accordance with sound agricultural
practices, as determined by the Secretary, if the agricultural
or conserving use involves the noncultivation of any portion of
the land referred to in subparagraph (D).
(2) Compliance
The Secretary may issue such rules as the Secretary considers
necessary to ensure producer compliance with the requirements of
paragraph (1).
(3) Modification
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.
(b) Transfer or change of interest in farm
(1) Termination
Except as provided in paragraph (2), a transfer of (or change
in) the interest of the producers on a farm in the base acres for
peanuts for which direct payments or counter-cyclical payments
are made shall result in the termination of the payments with
respect to those acres, unless the transferee or owner of the
acreage agrees to assume all obligations under subsection (a) of
this section. The termination shall take effect on the date
determined by the Secretary.
(2) Exception
If a producer entitled to a direct payment or counter-cyclical
payment 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.
(c) Acreage reports
As a condition on the receipt of direct payments, counter-
cyclical payments, marketing assistance loans, or loan deficiency
payments under this subchapter, the Secretary shall require the
producers on a farm to which a payment yield and base acres for
peanuts are assigned under section 7952 of this title to submit to
the Secretary annual acreage reports with respect to all cropland
on the farm.
(d) Tenants and sharecroppers
In carrying out this subchapter, the Secretary shall provide
adequate safeguards to protect the interests of tenants and
sharecroppers.
(e) Sharing of payments
The Secretary shall provide for the sharing of direct payments
and counter-cyclical payments among the producers on a farm on a
fair and equitable basis.Legislative History Prev ________________________________________________________________________
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