§7212 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must start making these contracts within 45 days after April 4, 1996. Except for a special case, no new contracts may be made after August 1, 1996. The special case lets an owner or producer on a farm with a conservation reserve contract entered under section 3831 of title 16 that ends after August 1, 1996, sign or expand a production flexibility contract at the start of each fiscal year to cover those acres. Payments for those acres use the normal annual payment rate. In the fiscal year the conservation contract ends, the owner may choose either the production flexibility payment or a prorated conservation reserve payment, but not both. Contracts start with the 1996 crop (or, for former conservation reserve acres, when the production contract is added) and last through the 2002 crop unless ended sooner. When a contract is signed, the Secretary must give an estimate of minimum payments for at least the first fiscal year. Annual payments must be made by September 30 in each fiscal year 1996 through 2002. Owners may take 50% of the 1996 payment within 30 days of contract approval. For 1997 and later years, owners may choose 50% to be paid on December 15 or January 15 and may change that choice with notice. For fiscal years 1999–2002, owners may ask to receive the full payment (or a part they choose) at any time or times during the fiscal year.

Title 7, §7212

Agriculture — Source: USLM XML via OLRC

(a)(1)To the extent practicable, the Secretary shall commence entering into contracts not later than 45 days after April 4, 1996.

(2)Except as provided in paragraph (3), the Secretary may not enter into a contract after August 1, 1996.

(3)(A)At the beginning of each fiscal year, the Secretary shall allow an eligible owner or producer on a farm covered by a conservation reserve contract entered into under section 3831 of title 16 that terminates after the date specified in paragraph (2) to enter into or expand a production flexibility contract to cover the contract acreage of the farm that was subject to the former conservation reserve contract.

(B)Contract payments made for contract acreage under this paragraph shall be made at the rate and amount applicable to the annual contract payment level for the applicable crop. For the fiscal year in which the conservation reserve contract is terminated, the owner or producer subject to the production flexibility contract may elect to receive either contract payments or a prorated payment under the conservation reserve contract, but not both.

(b)(1)The term of a contract shall begin with—

(A)the 1996 crop of a contract commodity; or

(B)in the case of acreage that was subject to a conservation reserve contract described in subsection (a)(3), the date the production flexibility contract was entered into or expanded to cover the acreage.

(2)The term of a contract shall extend through the 2002 crop, unless earlier terminated by the owner or producer.

(c)At the time the Secretary enters into a contract, the Secretary shall provide an estimate of the minimum contract payments anticipated to be made during at least the first fiscal year for which contract payments will be made.

(d)(1)An annual contract payment shall be made not later than September 30 of each of fiscal years 1996 through 2002.

(2)(A)At the option of the owner or producer, 50 percent of the contract payment for fiscal year 1996 shall be made not later than 30 days after the date on which the contract is entered into and approved by the Secretary and the owner or producer.

(B)At the option of the owner or producer for fiscal year 1997 and each subsequent fiscal year, 50 percent of the annual contract payment shall be made on December 15 or January 15 of the fiscal year. The owner or producer may change the date selected under this subparagraph for a subsequent fiscal year by providing advance notice to the Secretary.

(3)Notwithstanding the requirements for making an annual contract payment specified in paragraphs (1) and (2), at the option of the owner or producer, the Secretary shall pay the full amount (or such portion as the owner or producer may specify) of the contract payment required to be paid for any of fiscal years 1999 through 2002 at such time or times during that fiscal year as the owner or producer may specify.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Subsec. (d)(3). Pub. L. 106–78, in par. heading, struck out “for fiscal year 1999” after “rule” and, in text, substituted “any of fiscal years 1999 through 2002” for “fiscal year 1999”. 1998—Subsec. (d)(3). Pub. L. 105–228 added par. (3).

Statutory Notes and Related Subsidiaries

Production Flexibility Contract Payments Pub. L. 106–170, title V, § 525, Dec. 17, 1999, 113 Stat. 1928, as amended by Pub. L. 107–147, title IV, § 417(24)(A), Mar. 9, 2002, 116 Stat. 57, provided that: “Any option to accelerate the receipt of any payment under a production flexibility contract which is payable under the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7201 et seq.), as in effect on the date of the enactment of this Act [Dec. 17, 1999], shall be disregarded in determining the taxable year for which such payment is properly includible in gross income for purposes of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.].” Pub. L. 105–277, div. J, title II, § 2012, Oct. 21, 1998, 112 Stat. 2681–902, provided that: “(a) In General.—The options under paragraphs (2) and (3) of section 112(d) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7212(d)(2) and (3)), as in effect on the date of the enactment of this Act [Oct. 21, 1998], shall be disregarded in determining the taxable year for which any payment under a production flexibility contract under subtitle B of title I of such Act [7 U.S.C. 7211 et seq.] (as so in effect) is properly includible in gross income for purposes of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.]. “(b)

Effective Date

.—Subsection (a) shall apply to taxable years ending after December 31, 1995.”

§7212 Elements of Contracts