Title 7AgricultureRelease 119-73

§1309 Normally planted acreage and target prices

Title 7 › Chapter CHAPTER 35— - AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER II— - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part Part A— - Definitions, Loans, Parity Payments, and Consumer Safeguards › § 1309

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Agriculture can require farmers to keep planting no more than the farm’s usual acres for certain crops the Secretary names when a set-aside program covers 1982 through 1995 crops of wheat and feed grains. Farmers must follow that limit to get loans, purchases, or payments under the Agricultural Act of 1949. The Secretary decides what “usual” acreage is and can make farmers keep records. The Secretary can raise or create price payments to pay farmers for planting less and for taking part in set-asides. When setting payments, the Secretary must consider changes in production costs. The Secretary can also pay for other crops if needed and must adjust payments to account for any land diversion payments. When marketing quotas apply to 1987 through 1995 wheat, the Secretary may require that the normally planted acreage for designated crops be reduced by the amount equal to the acreage that would normally be planted to wheat on the farm minus the farm’s individual program acreage under section 107B(d)(3)(A) of the Agricultural Act of 1949.

Full Legal Text

Title 7, §1309

Agriculture — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, whenever a set-aside program is in effect for one or more of the 1982 through 1995 crops of wheat and feed grains, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments for such crops under the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers and reduced by any set-aside or diverted acreage. Such normal crop acreage for any crop year shall be determined as provided by the Secretary. The Secretary may require producers participating in the program to keep such records as the Secretary determines necessary to assist in making such determination.
(b)Notwithstanding any other provision of law—
(1)Whenever the Secretary, for one or more of the 1982 through 1995 crops of wheat and feed grains, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price payments for any such commodity by such amount (or if there are no such payments in effect for such crop by providing for payments in such amount) as the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity.
(2)In determining the amount of any payments for any commodity under this subsection, the Secretary shall take into account changes in the costs of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity.
(3)If payments are provided for any commodity under this subsection, the Secretary may provide for payments for any other commodity in such amount as the Secretary determines necessary for effective operation of the program.
(4)The Secretary shall adjust any payments under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined.
(c)Notwithstanding any other provision of law, whenever marketing quotas are in effect for any of the 1987 through 1995 crops of wheat, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments on any commodity under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), that the acreage normally planted to crops designated by the Secretary, adjusted as considered necessary by the Secretary to be fair and equitable among producers, shall be reduced by a quantity equal to—
(1)the acreage that the Secretary determines would normally be planted to wheat on a farm; minus
(2)the individual farm program acreage for the farm under section 107B(d)(3)(A) 11 See References in Text note below. of such Act.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Agricultural Act of 1949, referred to in subsecs. (a) and (c), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1421 of this title and Tables. section 107B(d)(3)(A) of such Act, referred to in subsec. (c)(2), is section 107B(d)(3)(A) of the Agricultural Act of 1949, which was classified to section 1445b–3a(d)(3)(A) of this title prior to repeal by Pub. L. 104–127, title I, § 171(b)(2)(D), Apr. 4, 1996, 110 Stat. 938. Codification Section was enacted as part of the Food and Agriculture Act of 1977, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.

Amendments

1990—Subsecs. (a), (b)(1), (c). Pub. L. 101–624, § 1141(1), substituted “1995” for “1990”. Subsec. (c)(2). Pub. L. 101–624, § 1141(2), substituted “section 107B(d)(3)(A)” for “section 107D(d)(3)(A)”. 1985—Subsecs. (a), (b)(1). Pub. L. 99–198 substituted “1982 through 1990” for “1982 through 1985”. Subsec. (c). Pub. L. 99–198 added subsec. (c). 1981—Subsec. (a). Pub. L. 97–98 substituted provision authorizing the Secretary, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, to require as a condition of eligibility for loans, purchases, and payments for such crops that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary and permitting the Secretary to require producers participating in the program to keep records necessary to assist the Secretary in determining normal crop acreage for any crop year for provision authorizing the Secretary, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, to require as a condition of eligibility for loans, purchases, and payments that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary. Subsec. (b). Pub. L. 97–98 substituted provision relating to established price increase for one or more of the 1982 through 1985 crops of wheat and feed grains for provision relating to established price increase for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice. Subsec. (c). Pub. L. 97–98 struck out subsec. (c) which related to loans, purchases, and payments for producers of the 1980 crop of any commodity who exceeded the authorized acreage. 1980—Subsec. (a). Pub. L. 96–213 amended subsec. (a) generally, temporarily substituting provisions relating to requiring producers not to exceed the acreage on the farm normally planted to designated crops, as reduced, for the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, for provisions relating to reduction of acreage normally planted to designated crops by the acreage set-aside or diversion for the 1978 through 1981 crops of wheat, feed grains, upland cotton, and rice. See Effective and Termination Dates of 1980 Amendment note below. Subsec. (b). Pub. L. 96–213 amended subsec. (b) generally, temporarily substituting provisions relating to increases of the established price as compensation to producers for not exceeding the acreage in accordance with subsection (a) and participating in set-asides for 1980 and 1980 crops for provisions relating to increases of the established prices to compensate producers for participation in set-asides for 1978 through 1981 crops. See Effective and Termination Dates of 1980 Amendment note below. Subsec. (c). Pub. L. 96–213, in amending section generally, temporarily added subsec. (c). See Effective and Termination Dates of 1980 Amendment note below. 1978—Subsec. (b). Pub. L. 95–334 added applicability to rice. Pub. L. 95–279 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an

Effective Date

note under section 4301 of this title. Effective and Termination Dates of 1980 Amendment Pub. L. 96–213, § 6, Mar. 18, 1980, 94 Stat. 120, provided that the amendment made by that section is effective for the 1980 and 1981 crops.

Effective Date

of 1978

Amendments

Pub. L. 95–334, title V, § 501(b), Aug. 4, 1978, 92 Stat. 434, provided that: “This section [amending this section] shall become effective October 1, 1978, and any producers who, prior to such date, receive payments on the 1978 crop of rice as computed under the Agricultural Act of 1949 [see

Short Title

note set out under section 1421 of this title], as amended by the Food and Agriculture Act of 1977 [see

Short Title

of 1977 Amendment note set out under section 1281 of this title], may elect after
September 30, 1978, to receive payments as computed under section 1001(b) of the Food and Agriculture Act of 1977, as amended by this section.” Pub. L. 95–279, title I, § 103,
May 15, 1978, 92 Stat. 241, provided that: “section 101 and 102 [amending this section and section 1444 of this title] of this title shall become effective
October 1, 1978, and any producers who, prior to such date, receive loans and payments on the 1978 crop of the commodity as computed under the Agricultural Act of 1949 [see

Short Title

note set out under section 1421 of this title], as amended by the Food and Agriculture Act of 1977 [see

Short Title

of 1977 Amendment note set out under section 1281 of this title] may elect after September 30, 1978, to receive loans and payments as computed under this title.”

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an

Effective Date

of 1977 Amendment note under section 1307 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1309

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73