Collapse to view only § 8788. Durum wheat quality program
- § 8781. Administration generally
- § 8782. Suspension of permanent price support authority
- § 8783. Availability of quality incentive payments for covered oilseed producers
- § 8784. Assignment of payments
- § 8785. Tracking of benefits
- § 8786. Prevention of deceased individuals receiving payments under farm commodity programs
- § 8787. Hard white wheat development program
- § 8788. Durum wheat quality program
- § 8789. Storage facility loans
- § 8790. Signature authority
- § 8791. Information gathering
- § 8792. Geographically disadvantaged farmers and ranchers
- § 8793. Implementation
§ 8781. Administration generally
(a) Use of Commodity Credit Corporation
(b) Determinations by Secretary
(c) Regulations
(1) In general
(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
(4) Interim regulations
(d) Adjustment authority related to trade agreements compliance
(1) Required determination; adjustment
(2) Congressional notification
(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
(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
(b) Covered oilseedsThe 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
(2) Multiyear proposals
(3) Content of proposalsA 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
(2) Timing of payments
(e) Administration
(1) In general
(2) Prorated payments
(f) Proprietary information
(g) Program compliance and penalties
(1) Guarantee
(2) NoncomplianceIf 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
(4) Additional penalties
(A) In general
(B) AmountThe 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
(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
(b) Notice
(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
(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
(3) Secretary
(b) Establishment
(1) In general
(2) Payments
(A) In general
(B) Acreage limitation
(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
(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
(b) Insufficient funds
(c) Authorization of appropriations
(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
(b) Eligible producersA 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
(d) Loan amount
(e) Loan disbursements
(f) Loan securityApproval 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
(b) Affirmation
(1) In general
(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
(b) Limitation on disclosures
(1) Definition of agricultural operation
(2) ProhibitionExcept 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 informationIf 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) ExceptionsNothing 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
(6) Waiver of privilege or 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
(2) Geographically disadvantaged farmer or rancher
(b) Authorization
(c) Transportation
(1) In general
(2) Proof of eligibility
(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
(d) Authorization of appropriations
(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.)