7 U.S.C. § 8702 — Definitions

Page 2221 TITLE 7—AGRICULTURE § 8702 1 See References in Text note below. Stat. 2209) relating to determination on the merits of Pigford claims. ‘‘(9) HEARTLAND, HABITAT, HARVEST, AND HORTI- CULTURE ACT OF 2008.—Subsection (a) does not apply with respect to title XV of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2246), and amendments made by that title, relating to the provision of supplemental agricultural disaster assistance under title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.), certain revenue and tax provi- sions, and certain trade benefits and other matters. ‘‘(j) EFFECTIVE DATE.—Except as otherwise provided in this section, this section and the amendments made by this section take effect on the earlier of— ‘‘(1) the date of the enactment of this Act [Jan. 2, 2013]; or ‘‘(2) September 30, 2012.’’ APPLICABILITY OF EXPLANATORY STATEMENT IN HOUSE REPORT 110–627 TO PUB. L. 110–246 Pub. L. 110–246, § 3, June 18, 2008, 122 Stat. 1664, pro- vided that: ‘‘The Joint Explanatory Statement sub- mitted by the Committee of Conference for the con- ference report to accompany H.R. 2419 of the 110th Con- gress (House Report 110–627) shall be deemed to be part of the legislative history of this Act [Pub. L. 110–246, see Tables for classification] and shall have the same effect with respect to the implementation of this Act as it would have had with respect to the implementation of H.R. 2419 [enacted as Pub. L. 110–234].’’ § 8702. Definitions In this chapter (other than subchapter III): (1) Average crop revenue election payment The term ‘‘average crop revenue election payment’’ means a payment made to pro- ducers on a farm under section 8715 1 of this title. (2) Base acres (A) In general The term ‘‘base acres’’, with respect to a covered commodity on a farm, means the number of acres established under section 7911 of this title as in effect on September 30, 2007, subject to any adjustment under sec- tion 8711 of this title. (B) Peanuts The term ‘‘base acres for peanuts’’ has the meaning given the term in section 8751 of this title. (3) Counter-cyclical payment The term ‘‘counter-cyclical payment’’ means a payment made to producers on a farm under section 8714 1 of this title. (4) Covered commodity The term ‘‘covered commodity’’ means wheat, corn, grain sorghum, barley, oats, up- land cotton, long grain rice, medium grain rice, pulse crops, soybeans, and other oilseeds. (5) Direct payment The term ‘‘direct payment’’ means a pay- ment made to producers on a farm under sec- tion 8713 1 of this title. (6) Effective price The term ‘‘effective price’’, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under sec- tion 8714 1 of this title to determine whether counter-cyclical payments are required to be made for that crop year. (7) Extra long staple cotton The term ‘‘extra long staple cotton’’ means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Sec- retary, having characteristics needed for various end uses for which United States up- land cotton is not suitable and grown in irri- gated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suit- able for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if au- thorized by the Secretary, ginned on another type gin for experimental purposes. (8) Loan commodity The term ‘‘loan commodity’’ means wheat, corn, grain sorghum, barley, oats, upland cot- ton, extra long staple cotton, long grain rice, medium grain rice, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas. (9) Medium grain rice The term ‘‘medium grain rice’’ includes short grain rice. (10) Other oilseed The term ‘‘other oilseed’’ means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary. (11) Payment acres The term ‘‘payment acres’’ means, in the case of direct payments and counter-cyclical payments— (A) except as provided in subparagraph (B), 85 percent of the base acres of a covered commodity on a farm on which direct pay- ments or counter-cyclical payments are made; and (B) in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 per- cent of the base acres for the covered com- modity on a farm on which direct payments are made. (12) Payment yield The term ‘‘payment yield’’ means the yield established for direct payments and the yield established for counter-cyclical payments under section 7912 of this title as in effect on September 30, 2007, or under section 8712 of this title, for a farm for a covered commodity. (13) Producer (A) In general The term ‘‘producer’’ means an owner, op- erator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. Page 2222 TITLE 7—AGRICULTURE § 8711 (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the exist- ence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter. (14) Pulse crop The term ‘‘pulse crop’’ means dry peas, len- tils, small chickpeas, and large chickpeas. (15) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (16) Target price The term ‘‘target price’’ means the price per bushel, pound, or hundredweight (or other ap- propriate unit) of a covered commodity used to determine the payment rate for counter-cy- clical payments. (17) United States The term ‘‘United States’’, when used in a geographical sense, means all of the States. (18) United States Premium Factor The term ‘‘United States Premium Factor’’ means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 11⁄8-inch upland cot- ton and for Middling (M) 13⁄32-inch upland cot- ton exceeds the difference in the applicable premiums for comparable international quali- ties. (Pub. L. 110–234, title I, § 1001, May 22, 2008, 122 Stat. 936; Pub. L. 110–246, § 4(a), title I, § 1001, June 18, 2008, 122 Stat. 1664.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. Section 8715 of this title, referred to in par. (1), was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7, 2014, 128 Stat. 658. Section 8714 of this title, referred to in pars. (3) and (6), was repealed by Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658. Section 8713 of this title, referred to in par. (5), was repealed by Pub. L. 113–79, title I, § 1101, Feb. 7, 2014, 128 Stat. 658. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. SUBCHAPTER I—DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS § 8711. Base acres (a) Adjustment of base acres (1) In general The Secretary shall provide for an adjust- ment, as appropriate, in the base acres for cov- ered commodities for a farm whenever any of the following circumstances occurs: (A) A conservation reserve contract en- tered into under section 1231 of the Food Se- curity Act of 1985 (16 U.S.C. 3831) with re- spect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (B) Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title. (D) The producer has eligible oilseed acre- age as the result of the Secretary desig- nating additional oilseeds, which shall be de- termined in the same manner as eligible oil- seed acreage under section 7911(a)(2) of this title. (2) Special conservation reserve acreage pay- ment rules For the crop year in which a base acres ad- justment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive either direct pay- ments and counter-cyclical payments with re- spect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both. (b) Prevention of excess base acres (1) Required reduction If the sum of the base acres for a farm, to- gether with the acreage described in para- graph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm or the base acres for peanuts for the farm so that the sum of the base acres and acreage described in paragraph (2) does not ex- ceed the actual cropland acreage of the farm. (2) Other acreage For purposes of paragraph (1), the Secretary shall include the following: (A) Any base acres for peanuts for the farm. (B) Any acreage on the farm enrolled in the conservation reserve program or wet- lands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).