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Title 7 — Agriculture

Chapter 115 — Agricultural Commodity Policy and Programs

§ 9039. Availability of recourse loans for high moisture feed grains and seed cotton

Statutory text

(a)

High moisture feed grains

(1)

Definition of high moisture state

In this subsection, the term “high moisture state” means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 9031 of this title.

(2)

Recourse loans available

For each of the 2014 through 2031 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that—

(A)

normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state;

(B)

present—

(i)

certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or

(ii)

field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation;

(C)

certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and

(D)

comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary.

(3)

Eligibility of acquired feed grains

A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying—

(A)

the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by

(B)

the lower of—

(i)

the payment yield in effect for the calculation of price loss coverage under section 9015 of this title, or the payment yield deemed to be in effect or established under subclause (II) or (III) of section 9036(b)(1)(B)(ii) of this title, with respect to corn or grain sorghum on a field that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained; or

(ii)

the actual yield of corn or grain sorghum on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained.

(b)

Recourse loans available for seed cotton

For each of the 2014 through 2031 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production.

(c)

Recourse loans available for contaminated commodities

In the case of a loan commodity that is ineligible for 100 percent of the nonrecourse marketing loan rate in the county due to a determination that the commodity is contaminated yet still merchantable, for each of the 2019 through 2031 crops of such loan commodity, the Secretary shall make available recourse commodity loans, at the rate provided under section 9032 of this title, on any production.

(d)

Repayment rates

Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 7283 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.

  1. Agricultural Act of 2014

    Pub. L. 113–79 title I § 1209 · 128 Stat. 649

    Enacted · 7 U.S.C. § 9039

    Pub. L. 113–79, title I, § 1209, Feb. 7, 2014, 128 Stat. 685

    Source evidence

    Code source credit
    Pub. L. 113–79, title I, § 1209, Feb. 7, 2014, 128 Stat. 685

    Enacted provision · exact public law section
    SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE FEED GRAINS AND SEED COTTON. (a) High Moisture Feed Grains.— (1) Definition of high moisture state.— In this subsection, the term “high moisture state” means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 1201. (2) Recourse loans available.— For each of the 2014 through 2018 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that— (A) normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state; (B) present— (i) certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or (ii) field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; (C) certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and (D) comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary. (3) Eligibility of acquired feed grains.— A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying— (A) the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by (B) the lower of— (i) the payment yield in effect for the calculation of price loss coverage under section 1115, or the payment yield deemed to be in effect or established under subclause (II) or (III) of section 1206(b)(1)(B)(ii), with respect to corn or grain sorghum on a field that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained; or (ii) the actual yield of corn or grain sorghum on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained. (b) Recourse Loans Available for Seed Cotton.— For each of the 2014 through 2018 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production. (c) Repayment Rates.— Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).

  2. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1205(a) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 9039(a)(2); 7 U.S.C. § 9039(a)(b)

    Pub. L. 115–334, § 1205(a), substituted “2023” for “2018”

    Source evidence

    Code amendment note
    Subsecs. (a)(2), (b). Pub. L. 115–334, § 1205(a), substituted “2023” for “2018”.

    Enacted provision · exact public law section
    (a) In General.— Section 1209 of the Agricultural Act of 2014 (7 U.S.C. 9039) is amended in subsections (a)(2) and (b) by striking “2018” each place it appears and inserting “2023”.

  3. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1205(b) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 9039(c); 7 U.S.C. § 9039(d)

      Pub. L. 115–334, § 1205(b), added subsec. (c)

    2. Redesignated · 7 U.S.C. § 9039(c); 7 U.S.C. § 9039(d)

      Pub. L. 115–334, § 1205(b), redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 115–334, § 1205(b), added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (b) Recourse Loans Available for Contaminated Commodities.— Section 1209 of the Agricultural Act of 2014 (7 U.S.C. 9039) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: “(c) Recourse Loans Available for Contaminated Commodities.— In the case of a loan commodity that is ineligible for 100 percent of the nonrecourse marketing loan rate in the county due to a determination that the commodity is contaminated yet still merchantable, for each of the 2019 through 2023 crops of such loan commodity, the Secretary shall make available recourse commodity loans, at the rate provided under section 1202, on any production.” .

  4. Pub. L. 119–21 title I § 10309(f) · 139 Stat. 94

    Substituted · 7 U.S.C. § 9039(a)(2); 7 U.S.C. § 9039(a)(b); 7 U.S.C. § 9039(a)(c)

    Pub. L. 119–21 substituted “2031” for “2023”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsecs. (a)(2), (b), (c). Pub. L. 119–21 substituted “2031” for “2023”.

4 of 5 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

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)(2), (b), (c). Pub. L. 119–21 substituted “2031” for “2023”.

2018

Subsecs. (a)(2), (b). Pub. L. 115–334, § 1205(a), substituted “2023” for “2018”.

Subsecs. (c), (d). Pub. L. 115–334, § 1205(b), added subsec. (c) and redesignated former subsec. (c) as (d).

Credits

2014–2025 · 3 acts
  1. 2014Pub. L. 113–79, title I, § 1209, , 128 Stat. 685
  2. 2018Pub. L. 115–334, title I, § 1205, , 132 Stat. 4510
  3. 2025Pub. L. 119–21, title I, § 10309(f), , 139 Stat. 94.
Show as published

(Pub. L. 113–79, title I, § 1209, , 128 Stat. 685; Pub. L. 115–334, title I, § 1205, , 132 Stat. 4510; Pub. L. 119–21, title I, § 10309(f), , 139 Stat. 94.)

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