Title 7 — Agriculture
Chapter 106 — Commodity Programs
§ 7953. Availability of direct payments for peanuts
Statutory text
Payment required
2002 crop year
For the 2002 crop year, the Secretary shall make direct payments under this section to historic peanut producers.
Subsequent crop years
For each of the 2003 through 2007 crop years for peanuts, the Secretary shall make direct payments to the producers on a farm to which a payment yield and base acres for peanuts are assigned under section 7952 of this title.
Payment rate
The payment rate used to make direct payments with respect to peanuts for a crop year shall be equal to $36 per ton.
Payment amount for 2002 crop year
The amount of the direct payment to be paid to an historic peanut producer for the 2002 crop of peanuts shall be equal to the product of the following:
The payment rate specified in subsection (b).
The payment acres of the historic peanut producer.
The average peanut yield determined under section 7952(a)(1) of this title for the historic peanut producer.
Payment amount for subsequent crop years
The amount of the direct payment to be paid to the producers on a farm for the 2003 through 2007 crops of peanuts shall be equal to the product of the following:
The payment rate specified in subsection (b).
The payment acres on the farm.
The payment yield for the farm.
Time for payment
In general
The Secretary shall make direct payments—
in the case of the 2002 crop year, as soon as practicable after ; and
in the case of each of the 2003 through 2007 crop years, not later than September 30 of the calendar year in which the crop is harvested.
Advance payments
At the option of the producers on a farm, up to 50 percent of the direct payment for any of the 2003 through 2005 crop years, up to 40 percent of the direct payment for the 2006 crop year, and up to 22 percent of the direct payment for the 2007 crop year, shall be paid to the producers in advance. The producers shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop is harvested through the month within which the direct payment would otherwise be made. The producers may change the selected month for a subsequent advance payment by providing advance notice to the Secretary.
Repayment of advance payments
If a producer on a farm that receives an advance direct payment for a crop year ceases to be a producer on that farm, or the extent to which the producer shares in the risk of producing a crop changes, before the date the remainder of the direct payment is made, the producer shall be responsible for repaying the Secretary the applicable amount of the advance payment, as determined by the Secretary.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 107–171 title I § 1303 · 116 Stat. 134
Enacted · 7 U.S.C. § 7953
Pub. L. 107–171, title I, § 1303, May 13, 2002, 116 Stat. 170
Source evidence
Code source credit
Pub. L. 107–171, title I, § 1303, May 13, 2002, 116 Stat. 170Enacted provision · exact public law section
SEC. 1303. AVAILABILITY OF DIRECT PAYMENTS FOR PEANUTS. (a) Payment Required.— (1) 2002 crop year.— For the 2002 crop year, the Secretary shall make direct payments under this section to historic peanut producers. (2) Subsequent crop years.— For each of the 2003 through 2007 crop years for peanuts, the Secretary shall make direct payments to the producers on a farm to which a payment yield and base acres for peanuts are assigned under section 1302. (b) Payment Rate.— The payment rate used to make direct payments with respect to peanuts for a crop year shall be equal to $36 per ton. (c) Payment Amount for 2002 Crop Year.— The amount of the direct payment to be paid to an historic peanut producer for the 2002 crop of peanuts shall be equal to the product of the following: (1) The payment rate specified in subsection (b). (2) The payment acres of the historic peanut producer. (3) The average peanut yield determined under section 1302(a)(1) for the historic peanut producer. (d) Payment Amount for Subsequent Crop Years.— The amount of the direct payment to be paid to the producers on a farm for the 2003 through 2007 crops of peanuts shall be equal to the product of the following: (1) The payment rate specified in subsection (b). (2) The payment acres on the farm. (3) The payment yield for the farm. (e) Time for Payment.— (1) In general.— The Secretary shall make direct payments— (A) in the case of the 2002 crop year, as soon as practicable after the date of enactment of this Act; and (B) in the case of each of the 2003 through 2007 crop years, not later than September 30 of the calendar year in which the crop is harvested. (2) Advance payments.— At the option of the producers on a farm, up to 50 piercent of the direct payment for any of the 2003 through 2007 crop years shall be paid to the producers in advance. The producers shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop is harvested through the month within which the direct payment would otherwise be made. The producers may change the selected month for a subsequent advance payment by providing advance notice to the Secretary. (3) Repayment of advance payments.— If a producer on a farm that receives an advance direct payment for a crop year ceases to be a producer on that farm, or the extent to which the producer shares in the risk of producing a crop changes, before the date the remainder of the direct payment is made, the producer shall be responsible for repaying the Secretary the applicable amount of the advance payment, as determined by the Secretary.Agricultural Reconciliation Act of 2005
Pub. L. 109–171 title I § 1102(b) · 120 Stat. 4
Substituted · 7 U.S.C. § 7953(e)(2)
Pub. L. 109–171 substituted “2005 crop years, up to 40 percent of the direct payment for the 2006 crop year, and up to 22 percent of the direct payment for the 2007 crop year,” for “2007 crop years”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 109–171 substituted “2005 crop years, up to 40 percent of the direct payment for the 2006 crop year, and up to 22 percent of the direct payment for the 2007 crop year,” for “2007 crop years”.Enacted provision · exact public law section
(b) Peanuts.— Section 1303(e)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7953(e)(2)) is amended in the first sentence by striking “2007 crop years” and inserting “2005 crop years, up to 40 percent of the direct payment for the 2006 crop year, and up to 22 percent of the direct payment for the 2007 crop year,”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2006—Subsec. (e)(2). Pub. L. 109–171 substituted “2005 crop years, up to 40 percent of the direct payment for the 2006 crop year, and up to 22 percent of the direct payment for the 2007 crop year,” for “2007 crop years”.
Credits
2002–2006 · 2 acts
- 2002Pub. L. 107–171, title I, § 1303, , 116 Stat. 170
- 2006Pub. L. 109–171, title I, § 1102(b), , 120 Stat. 5.
Show as published
(Pub. L. 107–171, title I, § 1303, , 116 Stat. 170; Pub. L. 109–171, title I, § 1102(b), , 120 Stat. 5.)