Collapse to view only § 8783. Availability of quality incentive payments for covered oilseed producers

§ 8781.
Administration generally
(a)
Use of Commodity Credit Corporation

Except as otherwise provided in this chapter, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.

(b)
Determinations by Secretary

A determination made by the Secretary under this chapter shall be final and conclusive.

(c)
Regulations
(1)
In general

Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter.

(2)
Procedure
The promulgation of the regulations and administration of this chapter and the amendments made by this chapter shall be made without regard to—
(A) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”);
(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(C) the notice and comment provisions of section 553 of title 5.
(3)
Congressional review of agency rulemaking

In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5.

(4)
Interim regulations

Notwithstanding paragraphs (1) and (2), the Secretary shall implement the amendments made by sections 1603 and 1604 for the 2009 crop, fiscal, or program year, as appropriate, through the promulgation of an interim rule.

(d)
Adjustment authority related to trade agreements compliance
(1)
Required determination; adjustment

If the Secretary determines that expenditures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 3501 of title 19) will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed such allowable levels.

(2)
Congressional notification

Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture of the House of Representatives or the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the determination made under that paragraph and the extent of the adjustment to be made.

(Pub. L. 110–234, title I, § 1601, May 22, 2008, 122 Stat. 1000; Pub. L. 110–246, § 4(a), title I, § 1601, June 18, 2008, 122 Stat. 1664, 1728.)
§ 8782.
Suspension of permanent price support authority
(a)
Agricultural Adjustment Act of 1938
The following provisions of the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281 et seq.] shall not be applicable to the 2008 through 2012 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2012:
(1) Parts II through V of subtitle B of title III (7 U.S.C. 1326 et seq.) [7 U.S.C. 1321 et seq., 1331 et seq., 1341 et seq., 1351].
(2) In the case of upland cotton, section 377 (7 U.S.C. 1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b)
Agricultural Act of 1949
The following provisions of the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.] shall not be applicable to the 2008 through 2012 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act and through December 31, 2012:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c)
Suspension of certain quota provisions

The joint resolution entitled “A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended”, approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 2008 through 2012.

(Pub. L. 110–234, title I, § 1602, May 22, 2008, 122 Stat. 1001; Pub. L. 110–246, § 4(a), title I, § 1602, June 18, 2008, 122 Stat. 1664, 1729.)
§ 8783.
Availability of quality incentive payments for covered oilseed producers
(a)
Incentive payments required

Subject to subsection (b) and the availability of appropriations under subsection (h), the Secretary shall use funds made available under subsection (h) to provide quality incentive payments for the production of oilseeds with specialized traits that enhance human health, as determined by the Secretary.

(b)
Covered oilseeds
The Secretary shall make payments under this section only for the production of an oilseed variety that has, as determined by the Secretary—
(1)
been demonstrated to improve the health profile of the oilseed for use in human consumption by—
(A) reducing or eliminating the need to partially hydrogenate the oil derived from the oilseed for use in human consumption; or
(B) adopting new technology traits; and
(2) 1 or more impediments to commercialization.
(c)
Request for proposals
(1)
Issuance

If funds are made available to carry out this section for a crop year, the Secretary shall issue a request for proposals for payments under this section.

(2)
Multiyear proposals

A proponent may submit a multiyear proposal for payments under this section.

(3)
Content of proposals
A proposal for payments under this section shall include a description of—
(A) how use of the oilseed enhances human health;
(B) the impediments to commercial use of the oilseed;
(C) each oilseed variety described in subsection (b) and the value of the oilseed variety as a matter of public policy;
(D) a range for the base price and premiums per bushel or hundredweight to be paid to producers;
(E) a per bushel or hundredweight amount of incentive payments requested for each year under this section that does not exceed ⅓ of the total premium offered for any year;
(F) the period of time, not to exceed 4 years, during which incentive payments are to be provided to producers; and
(G) the targeted total quantity of production and estimated acres needed to produce the targeted quantity for each year under this section.
(d)
Contracts for production
(1)
In general

The Secretary shall approve successful proposals submitted under subsection (c) on a timely basis.

(2)
Timing of payments

The Secretary shall make payments to producers under this section after the Secretary receives documentation that the premium required under a contract has been paid to covered producers.

(e)
Administration
(1)
In general

If funding provided for a crop year is not fully allocated under the initial request for proposals under subsection (c), the Secretary shall issue additional requests for proposals for subsequent crop years under this section.

(2)
Prorated payments

If funding provided for a crop year is less than the amount otherwise approved by the Secretary or for which approval is sought, the Secretary shall prorate the payments or approvals in a manner determined by the Secretary so that the total payments do not exceed the funding level.

(f)
Proprietary information

The Secretary shall protect proprietary information provided to the Secretary for the purpose of administering this section.

(g)
Program compliance and penalties
(1)
Guarantee

The proponent, if approved, shall be required to guarantee that the oilseed on which a payment is made by the Secretary under this section is used for human consumption as described in the proposal, as approved by the Secretary.

(2)
Noncompliance
If oilseeds on which a payment is made by the Secretary under this section are not actually used for the purpose the payment is made, the proponent shall be required to pay to the Secretary an amount equal to, as determined by the Secretary—
(A) in the case of an inadvertent failure, twice the amount of the payment made by the Secretary under this section to the producer of the oilseeds; and
(B) in any other case, up to twice the full value of the oilseeds involved.
(3)
Documentation

The Secretary may require such assurances and documentation as may be needed to enforce the guarantee.

(4)
Additional penalties
(A)
In general

In addition to payments required under paragraph (2), the Secretary may impose penalties on additional persons that use oilseeds the use of which is restricted under this section for a purpose other than the intended use.

(B)
Amount
The amount of a penalty under this paragraph shall—
(i) be in an amount determined appropriated by the Secretary; but
(ii) not to exceed twice the full value of the oilseeds.
(h)
Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2012.

(Pub. L. 110–234, title I, § 1605, May 22, 2008, 122 Stat. 1016; Pub. L. 110–246, § 4(a), title I, § 1605, June 18, 2008, 122 Stat. 1664, 1744.)
§ 8784.
Assignment of payments
(a)
In general

The provisions of section 590h(g) of title 16, relating to assignment of payments, shall apply to payments made under this chapter.

(b)
Notice

The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section.

(Pub. L. 110–234, title I, § 1608, May 22, 2008, 122 Stat. 1018; Pub. L. 110–246, § 4(a), title I, § 1608, June 18, 2008, 122 Stat. 1664, 1746.)
§ 8785.
Tracking of benefits

As soon as practicable after the date of enactment of this Act, the Secretary may track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles.

(Pub. L. 110–234, title I, § 1609, May 22, 2008, 122 Stat. 1018; Pub. L. 110–246, § 4(a), title I, § 1609, June 18, 2008, 122 Stat. 1664, 1746.)
§ 8786.
Prevention of deceased individuals receiving payments under farm commodity programs
(a)
Regulations
Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations that—
(1) describe the circumstances under which, in order to allow for the settlement of estates and for related purposes, payments may be issued in the name of a deceased individual; and
(2) preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for the payments.
(b)
Coordination

At least twice each year, the Secretary shall reconcile the social security numbers of all individuals who receive payments under this chapter, whether directly or indirectly, with the Social Security Administration to determine if the individuals are alive.

(Pub. L. 110–234, title I, § 1611, May 22, 2008, 122 Stat. 1018; Pub. L. 110–246, § 4(a), title I, § 1611, June 18, 2008, 122 Stat. 1664, 1746.)
§ 8787.
Hard white wheat development program
(a)
Definitions
In this section:
(1)
Eligible hard white wheat seed
The term “eligible hard white wheat seed” means hard white wheat seed that, as determined by the Secretary, is—
(A) certified;
(B) of a variety that is suitable for the State in which the seed will be planted;
(C) rated at least superior with respect to quality; and
(D) specifically approved under a seed establishment program established by the State Department of Agriculture and the State Wheat Commission of the 1 or more States in which the seed will be planted.
(2)
Program

The term “program” means the hard white wheat development program established under subsection (b)(1).

(3)
Secretary
(b)
Establishment
(1)
In general

Subject to the availability of appropriations, the Secretary shall establish a hard white wheat development program in accordance with paragraph (2) to promote the establishment of hard white wheat as a viable market class of wheat in the United States by encouraging production of at least 240,000,000 bushels of hard white wheat by 2012.

(2)
Payments
(A)
In general

Subject to subparagraphs (B) and (C) and subsection (c), if funds are made available for any of the 2009 through 2012 crops of hard white wheat, the Secretary shall make available incentive payments to producers of those crops.

(B)
Acreage limitation

The Secretary shall carry out subparagraph (A) subject to a regional limitation determined by the Secretary on the number of acres for which payments may be received that takes into account planting history and potential planting, but does not exceed a total of 2,900,000 acres or the equivalent volume of production based on a yield of 50 bushels per acre.

(C)
Payment limitations
Payments to producers on a farm described in subparagraph (A) shall be—
(i) in an amount that is not less than $0.20 per bushel; and
(ii) in an amount that is not less than $2.00 per acre for planting eligible hard white wheat seed.
(c)
Authorization of appropriations

There are authorized to be appropriated to carry out this section $35,000,000 for the period of fiscal years 2009 through 2012.

(Pub. L. 110–234, title I, § 1612, May 22, 2008, 122 Stat. 1019; Pub. L. 110–246, § 4(a), title I, § 1612, June 18, 2008, 122 Stat. 1664, 1747.)
§ 8788.
Durum wheat quality program
(a)
In general

Subject to the availability of funds under subsection (c), the Secretary shall provide compensation to producers of durum wheat in an amount not to exceed 50 percent of the actual cost of fungicides applied to a crop of durum wheat of the producers to control Fusarium head blight (wheat scab) on acres certified to have been planted to Durum wheat in a crop year.

(b)
Insufficient funds

If the total amount of funds appropriated for a fiscal year under subsection (c) are insufficient to fulfill all eligible requests for compensation under this section, the Secretary shall prorate the compensation payments in a manner determined by the Secretary to be equitable.

(c)
Authorization of appropriations

There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2009 through 2012.

(Pub. L. 110–234, title I, § 1613, May 22, 2008, 122 Stat. 1019; Pub. L. 110–246, § 4(a), title I, § 1613, June 18, 2008, 122 Stat. 1664, 1748.)
§ 8789.
Storage facility loans
(a)
In general

As soon as practicable after the date of enactment of this Act, the Secretary shall establish a storage facility loan program to provide funds for producers of grains, oilseeds, pulse crops, hay, renewable biomass, and other storable commodities (other than sugar), as determined by the Secretary, to construct or upgrade storage and handling facilities for the commodities.

(b)
Eligible producers
A storage facility loan under this section shall be made available to any producer described in subsection (a) that, as determined by the Secretary—
(1) has a satisfactory credit history;
(2) has a need for increased storage capacity; and
(3) demonstrates an ability to repay the loan.
(c)
Term of loans

A storage facility loan under this section shall have a maximum term of 12 years.

(d)
Loan amount

The maximum principal amount of a storage facility loan under this section shall be $500,000.

(e)
Loan disbursements

The Secretary shall provide for 1 partial disbursement of loan principal and 1 final disbursement of loan principal, as determined to be appropriate and subject to acceptable documentation, to facilitate the purchase and construction of eligible facilities.

(f)
Loan security
Approval of a storage facility loan under this section shall—
(1)
require the borrower to provide loan security to the Secretary, in the form of—
(A) a lien on the real estate parcel on which the storage facility is located; or
(B) such other security as is acceptable to the Secretary;
(2)
under such rules and regulations as the Secretary may prescribe, not require a severance agreement from the holder of any prior lien on the real estate parcel on which the storage facility is located, if the borrower—
(A) agrees to increase the down payment on the storage facility by an amount determined appropriate by the Secretary; or
(B) provides other security acceptable to the Secretary; and
(3)
allow a borrower, upon the approval of the Secretary, to define a subparcel of real estate as security for the storage facility loan if the subparcel is—
(A) of adequate size and value to adequately secure the loan; and
(B) not subject to any other liens or mortgages that are superior to the lien interest of the Commodity Credit Corporation.
(Pub. L. 110–234, title I, § 1614, May 22, 2008, 122 Stat. 1020; Pub. L. 110–246, § 4(a), title I, § 1614, June 18, 2008, 122 Stat. 1664, 1748.)
§ 8790.
Signature authority
(a)
In general

In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature.

(b)
Affirmation
(1)
In general

Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a).

(2)
No retroactive effect
A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers—
(A) relied on the prior approval by the Secretary of the documents in good faith; and
(B) substantively complied with all program requirements 1
1 So in original. Probably should be followed by a period.
(Pub. L. 110–234, title I, § 1617, May 22, 2008, 122 Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1617, June 18, 2008, 122 Stat. 1664, 1750.)
§ 8791.
Information gathering
(a)
Geospatial systems

The Secretary shall ensure that all the geospatial data of the agencies of the Department of Agriculture are portable and standardized.

(b)
Limitation on disclosures
(1)
Definition of agricultural operation

In this subsection, the term “agricultural operation” includes the production and marketing of agricultural commodities and livestock.

(2)
Prohibition
Except as provided in paragraphs (3) and (4), the Secretary, any officer or employee of the Department of Agriculture, or any contractor or cooperator of the Department, shall not disclose—
(A) information provided by an agricultural producer or owner of agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself, in order to participate in programs of the Department; or
(B) geospatial information otherwise maintained by the Secretary about agricultural land or operations for which information described in subparagraph (A) is provided.
(3)
Authorized disclosures
(A)
Limited release of information
If the Secretary determines that the information described in paragraph (2) will not be subsequently disclosed except in accordance with paragraph (4), the Secretary may release or disclose the information to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in any Department program—
(i) when providing technical or financial assistance with respect to the agricultural operation, agricultural land, or farming or conservation practices; or
(ii) when responding to a disease or pest threat to agricultural operations, if the Secretary determines that a threat to agricultural operations exists and the disclosure of information to a person or cooperating government entity is necessary to assist the Secretary in responding to the disease or pest threat as authorized by law.
(4)
Exceptions
Nothing in this subsection affects—
(A) the disclosure of payment information (including payment information and the names and addresses of recipients of payments) under any Department program that is otherwise authorized by law;
(B)
the disclosure of information described in paragraph (2) if the information has been transformed into a statistical or aggregate form without naming any—
(i) individual owner, operator, or producer; or
(ii) specific data gathering site; or
(C) the disclosure of information described in paragraph (2) pursuant to the consent of the agricultural producer or owner of agricultural land.
(5)
Condition of other programs

The participation of the agricultural producer or owner of agricultural land in, or receipt of any benefit under, any program administered by the Secretary may not be conditioned on the consent of the agricultural producer or owner of agricultural land under paragraph (4)(C).

(6)
Waiver of privilege or protection

The disclosure of information under paragraph (2) shall not constitute a waiver of any applicable privilege or protection under Federal law, including trade secret protection.

(Pub. L. 110–234, title I, § 1619, May 22, 2008, 122 Stat. 1022; Pub. L. 110–246, § 4(a), title I, § 1619, June 18, 2008, 122 Stat. 1664, 1750.)
§ 8792.
Geographically disadvantaged farmers and ranchers
(a)
Definitions
In this section:
(1)
Agricultural commodity

The term “agricultural commodity” has the meaning given the term in section 5602 of this title.

(2)
Geographically disadvantaged farmer or rancher

The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 2204 note; Public Law 107–171).

(b)
Authorization

Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).

(c)
Transportation
(1)
In general

Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.

(2)
Proof of eligibility

To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.

(3)
Amount
(A)
In general
Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically disadvantaged farmer or rancher for transportation of the agricultural commodity or inputs during the fiscal year; and
(ii)(I) the percentage of the allowance for that fiscal year under section 5941 of title 5 for Federal employees stationed in Alaska and Hawaii; or(II) in the case of an insular area (as defined in section 3103 of this title), a comparable percentage of the allowance for the fiscal year, as determined by the Secretary.
(B)
Limitation

The total amount of direct reimbursement payments provided by the Secretary under this section shall not exceed $15,000,000 for a fiscal year.

(d)
Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for fiscal year 2009 and each succeeding fiscal year.

(Pub. L. 110–234, title I, § 1621, May 22, 2008, 122 Stat. 1024; Pub. L. 110–246, § 4(a), title I, § 1621, June 18, 2008, 122 Stat. 1664, 1752; Pub. L. 113–79, title I, § 1606, Feb. 7, 2014, 128 Stat. 708.)
§ 8793.
Implementation

The Secretary shall make available to the Farm Service Agency to carry out this chapter $50,000,000.

(Pub. L. 110–234, title I, § 1622, May 22, 2008, 122 Stat. 1025; Pub. L. 110–246, § 4(a), title I, § 1622, June 18, 2008, 122 Stat. 1664, 1753.)