§9035 — Title 7 Agriculture | U.S. Code

Summary

The Secretary may let farmers get a loan deficiency payment if the farmer could take a marketing assistance loan for a crop but decides not to take that loan. Ungraded wool in the form of unshorn pelts and hay or silage made from a loan-eligible crop normally are not eligible for a marketing loan, but for the 2014 through 2031 crop years the Secretary may allow loan deficiency payments for unshorn pelts and for hay or silage from loan crops. This rule does not apply to extra long staple cotton. The payment equals the payment rate times the amount produced that is not covered by a marketing loan. The payment rate is the difference between the loan rate set by law and the rate used to repay a marketing loan for that item (for unshorn pelts the ungraded wool loan rate is used; for hay or silage the loan rate of the crop it came from is used). The Secretary must use the payment rate in effect on the day the farmer asks for the payment.

Title 7, §9035

Agriculture — Source: USLM XML via OLRC

(a)(1)Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 9031 of this title with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.

(2)(A)Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 9031 of this title.

(B)Effective for each of the 2014 through 2031 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.

(b)A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying—

(1)the payment rate determined under subsection (c) for the commodity; by

(2)the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 9031 of this title.

(c)(1)In the case of a loan commodity, the payment rate shall be the amount by which—

(A)the loan rate established under section 9032 of this title for the loan commodity; exceeds

(B)the rate at which a marketing assistance loan for the loan commodity may be repaid under section 9034 of this title.

(2)In the case of unshorn pelts, the payment rate shall be the amount by which—

(A)the loan rate established under section 9032 of this title for ungraded wool; exceeds

(B)the rate at which a marketing assistance loan for ungraded wool may be repaid under section 9034 of this title.

(3)In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which—

(A)the loan rate established under section 9032 of this title for the loan commodity from which the hay or silage is derived; exceeds

(B)the rate at which a marketing assistance loan for the loan commodity may be repaid under section 9034 of this title.

(d)This section shall not apply with respect to extra long staple cotton.

(e)The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.

Notes & Related Subsidiaries

Editorial Notes

Codification 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.

Amendments

2025—Subsec. (a)(2)(B). Pub. L. 119–21 substituted “2031” for “2023”. 2018—Subsec. (a)(2)(B). Pub. L. 115–334 substituted “2023” for “2018”.

§9035 Loan deficiency payments

Summary

Title 7, §9035

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata