§1339d — Title 7 Agriculture | U.S. Code

§1339d Hay Production on Set-aside or Diverted Acreage; Storage; Emergency Use; Loans

Title 7 › Chapter 35— AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter II— LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part B— Marketing Quotas › Subpart iii— marketing quotas—wheat › § 1339d

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Agriculture must let farmers who are in the wheat, feed grain, or cotton programs plant and harvest hay on up to 25% of the land set aside or diverted, or on 25 acres if that is more. This applies only in years when a diversion or set‑aside plan is in effect for the farm, and growers who do this must agree to the rules below. Farmers may not use that hay unless the Secretary says it is allowed. The hay must be baled and kept sealed in on‑farm storage under the Secretary’s rules and held for declared emergencies. To prevent spoilage, the Secretary can allow hay to be taken out, sold, or used if the same amount is put back into sealed storage first. If the Secretary names an area as an emergency and specifically approves use, farmers there may remove and use their stored hay. The Secretary may also make or guarantee loans to tenants or landowners to build storage when commercial loans aren’t available on reasonable terms; those loans carry the current interest rate, run no longer than 10 years, and follow other conditions the Secretary sets.

Title 7, §1339d

Agriculture — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, the Secretary shall permit any producer who is participating in the wheat program under title IV of this Act, in the feed grain program under title V of this Act, or in the cotton program under title VI of this Act, in any year in which an acreage diversion or set-aside program is in effect, under any such program in which such producer is participating, subject to the conditions prescribed in subsection (b) of this section, to plant and harvest hay from 25 per centum of the acreage on the farm diverted from production under such programs or twenty-five acres, whichever is greater.

(b)Any producer who elects to plant and harvest hay on diverted or set aside acreage pursuant to this section shall first agree not to use any such hay harvested from such acreage unless authorized to do so by the Secretary.

(c)When any diverted or set aside acreage has been planted and harvested under authority of this section, the hay harvested therefrom shall be baled and stored in sealed storage on the farm in accordance with such regulations as the Secretary may prescribe and shall be available only for use during periods of emergency declared by the Secretary. In order to avoid deterioration of such hay stored on the farm for emergency purposes pursuant to this section, the Secretary may permit such hay to be removed and used or sold from time to time so long as an amount of hay equal to the amount removed is previously placed in storage and sealed.

(d)Any farmer who has hay stored on his farm for emergency purposes pursuant to this section may remove such hay from storage and use it whenever the Secretary has (1) designated as an emergency area the area in which such farm is located, and (2) specifically authorized the use of emergency hay by farmers in the area.

(e)The Secretary of Agriculture is authorized to make or guarantee loans to farmers, both tenants and landowners, to assist such farmers in the construction of storage facilities on the farm for the storage of emergency hay pursuant to the provisions of this section if such farmers are unable to obtain loans from commercial sources at reasonable rates and on reasonable terms and conditions. Loans made by the Secretary under this subsection shall be made at the current rate of interest for periods not exceeding ten years, and on such other terms and conditions as the Secretary may prescribe.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The wheat program under title IV of this Act, the feed grain program under title V of this Act, and the cotton program under title VI of this Act, referred to in subsec. (a), mean the programs for such crops as set out in the Agricultural Act of 1970, Pub. L. 91–524, Nov. 30, 1970, 84 Stat. 1358. Title IV of that Act enacted section 1334a–1 of this title, amended section 1301, 1305, 1306, 1378, 1379, 1379b, 1379c, 1379d, 1379e, 1379g, 1385, 1427, 1428, and 1445a of this title, and enacted provisions set out as notes under section 1301, 1305, 1306, 1330 to 1334, 1335, 1336, 1338, 1339, and 1379c of this title. Title V of that Act amended section 1444b of this title and provisions set out as a note under section 1444b of this title. Title VI of that Act enacted section 1342a, 1350a, and 2119 of this title, amended section 1305, 1344b, 1350, 1374, 1378, 1379, 1385, 1427, 1428, 1444, and 1444a of this title, and enacted provisions set out as notes under section 1305, 1342, 1342a, 1343, 1344, 1344b, 1345, 1346, 1377, 1378, 1379, 1385, 1427, 1428, 1444, and 1446d of this title. For complete classification of this Act to the Code, see

Short Title

of 1970 Amendment note set out under section 1281 of this title and Tables. Codification Section was enacted as part of the Agricultural Act of 1970, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.