Title 7 — Agriculture
Chapter 115 — Agricultural Commodity Policy and Programs
§ 9036. Payments in lieu of loan deficiency payments for grazed acreage
Statutory text
Eligible producers
In general
Effective for each of the 2014 through 2031 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 9035 of this title for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.
Grazing of triticale acreage
Effective for each of the 2014 through 2031 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.
Payment amount
In general
The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying—
the loan deficiency payment rate determined under section 9035(c) of this title in effect, as of the date of the agreement, for the county in which the farm is located; by
the payment quantity determined by multiplying—
the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and
the payment yield in effect for the calculation of price loss coverage under section 9015 of this title with respect to that loan commodity on the farm;
in the case of a farm for which agriculture risk coverage is elected under section 9016(a) of this title, the payment yield that would otherwise be in effect with respect to that loan commodity on the farm in the absence of such election; or
in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an appropriate yield established by the Secretary in a manner consistent with section 9013(c) of this title.
Grazing of triticale acreage
The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying—
the loan deficiency payment rate determined under section 9035(c) of this title in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by
the payment quantity determined by multiplying—
the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and
the payment yield in effect for the calculation of price loss coverage under subchapter I with respect to wheat on the farm;
in the case of a farm for which agriculture risk coverage is elected under section 9016(a) of this title, the payment yield that would otherwise be in effect for wheat on the farm in the absence of such election; or
in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield established by the Secretary in a manner consistent with section 9013(c) of this title.
Time, manner, and availability of payment
Time and manner
A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 9035 of this title.
Availability
In general
The Secretary shall establish an availability period for the payments authorized by this section.
Certain commodities
In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter.
Prohibition on crop insurance indemnity or noninsured crop assistance
A 2014 through 2031 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 7333 of this title.
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.
Agricultural Act of 2014
Pub. L. 113–79 title I § 1206 · 128 Stat. 649
Enacted · 7 U.S.C. § 9036
Pub. L. 113–79, title I, § 1206, Feb. 7, 2014, 128 Stat. 680
Source evidence
Code source credit
Pub. L. 113–79, title I, § 1206, Feb. 7, 2014, 128 Stat. 680Enacted provision · exact public law section
SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED ACREAGE. (a) Eligible Producers.— (1) In general.— Effective for each of the 2014 through 2018 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 1205 for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage. (2) Grazing of triticale acreage.— Effective for each of the 2014 through 2018 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage. (b) Payment Amount.— (1) In general.— The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and (ii) (I) the payment yield in effect for the calculation of price loss coverage under section 1115 with respect to that loan commodity on the farm; (II) in the case of a farm for which agriculture risk coverage is elected under section 1116(a), the payment yield that would otherwise be in effect with respect to that loan commodity on the farm in the absence of such election; or (III) in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an appropriate yield established by the Secretary in a manner consistent with section 1113(c). (2) Grazing of triticale acreage.— The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and (ii) (I) the payment yield in effect for the calculation of price loss coverage under subtitle A with respect to wheat on the farm; (II) in the case of a farm for which agriculture risk coverage is elected under section 1116(a), the payment yield that would otherwise be in effect for wheat on the farm in the absence of such election; or (III) in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield established by the Secretary in a manner consistent with section 1113(c). (c) Time, Manner, and Availability of Payment.— (1) Time and manner.— A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205. (2) Availability.— (A) In general.— The Secretary shall establish an availability period for the payments authorized by this section. (B) Certain commodities.— In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle. (d) Prohibition on Crop Insurance Indemnity or Noninsured Crop Assistance.— A 2014 through 2018 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).Agriculture Improvement Act of 2018
Pub. L. 115–334 title I § 1201(c)(2) · 132 Stat. 4490
Substituted · 7 U.S.C. § 9036(a); 7 U.S.C. § 9036(d)
Pub. L. 115–334 substituted “2023” for “2018” wherever appearing
Source evidence
Code amendment note
Subsecs. (a), (d). Pub. L. 115–334 substituted “2023” for “2018” wherever appearing.Enacted provision · exact public law section
(2) Payments in lieu of ldps.— Section 1206 of the Agricultural Act of 2014 (7 U.S.C. 9036) is amended in subsections (a) and (d) by striking “2018” each place it appears and inserting “2023”.Pub. L. 119–21 title I § 10309(d)(2) · 139 Stat. 94
Substituted · 7 U.S.C. § 9036(a); 7 U.S.C. § 9036(d)
Pub. L. 119–21 substituted “2031” for “2023” wherever appearing
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (a), (d). Pub. L. 119–21 substituted “2031” for “2023” wherever appearing.
2 of 3 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
References in Text
Subchapter I, referred to in subsec. (b)(2)(B)(ii)(I), was in the original “subtitle A”, meaning subtitle A of title I of Pub. L. 113–79, , 128 Stat. 658, which is classified principally to subchapter I of this chapter. For complete classification of subtitle A to the Code, see Tables.
The Federal Crop Insurance Act, referred to in subsec. (d), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables.
Codification
Provisions of law applicable to a loan commodity for the 2024 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2025 crop year for that loan commodity, see section 4101(c)(1) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Provisions of law applicable to a loan commodity for the 2023 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2024 crop year for that loan commodity, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Amendments2018–2025 · 2 rounds
2025
Subsecs. (a), (d). Pub. L. 119–21 substituted “2031” for “2023” wherever appearing.
2018
Subsecs. (a), (d). Pub. L. 115–334 substituted “2023” for “2018” wherever appearing.