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7 USC 7955 - Producer agreement required as condition on provision of direct payments and counter-cyclical payments

 

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
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(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.

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