§8739 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must make recourse loans available for 2008 through 2012 crops of corn and grain sorghum that are harvested in a high moisture state. High moisture state means the grain has more moisture than the Commodity Credit Corporation standards for marketing assistance loans under section 8731. Farmers who normally harvest high-moisture grain can get these loans if they show proof of delivery and quantity with either certified scale tickets from an inspected commercial scale (for example a licensed warehouse, feedlot, feed mill, distillery, or a similar approved place) or, where nearby certified scales are not available, by field or other physical crop measurements approved by the Secretary. They must certify they owned the grain at delivery, that it was harvested on the farm and delivered to a feedlot, feed mill, commercial or on‑farm high‑moisture storage, or a user facility, and they must meet harvest and loan-application deadlines set by the Secretary. Loan amounts are based on acres of high‑moisture grain multiplied by the lower of two yields: the farm program payment yield used to make counter‑cyclical payments under subchapter I, or the actual yield on a similar field as determined by the Secretary. For the 2008 through 2012 crops of upland cotton and extra long staple cotton, the Secretary must offer recourse seed cotton loans on any production. Repayment of these loans is at the loan rate set for the commodity plus interest calculated under section 7283 of this title.

Title 7, §8739

Agriculture — Source: USLM XML via OLRC

(a)(1)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 8731 of this title.

(2)For each of the 2008 through 2012 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 they 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)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 producer’s farm; by

(B)the lower of the farm program payment yield used to make counter-cyclical payments under subchapter I or the actual yield on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum was obtained.

(b)For each of the 2008 through 2012 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 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).

Notes & Related Subsidiaries

Editorial Notes

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.

§8739 Availability of recourse loans for high moisture feed grains and seed cotton