§8718 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must divide a farm’s rice base acres for long grain and medium grain rice using the 4‑year average share of State acreage planted to those rice types during the 2003–2006 crop years to figure counter‑cyclical payments. Producers can instead choose a farm‑level 4‑year average that counts acres actually planted on the farm, acres they could not plant because of drought, flood, or other disasters, and, for years they chose not to plant, the State’s planting shares. The Secretary must keep the total base acres, payment acres, and payment yields for rice as they were under sections 7911 and 7912 on September 30, 2007, unless changed under section 8711.

Title 7, §8718

Agriculture — Source: USLM XML via OLRC

(a)Subject to subsections (b) and (c), for the purposes of determining the amount of the counter-cyclical payments to be paid to the producers on a farm for long grain rice and medium grain rice under section 8714 11 See References in Text note below. of this title, the base acres of rice on the farm shall be apportioned using the 4-year average of the percentages of acreage planted in the applicable State to long grain rice and medium grain rice during the 2003 through 2006 crop years, as determined by the Secretary.

(b)As an alternative to the calculation method described in subsection (a), the Secretary shall provide producers on a farm the opportunity to elect to apportion rice base acres on the farm using the 4-year average of—

(1)the percentages of acreage planted on the farm to long grain rice and medium grain rice during the 2003 through 2006 crop years;

(2)the percentages of any acreage on the farm that the producers were prevented from planting to long grain rice and medium grain rice during the 2003 through 2006 crop years because of drought, flood, other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; and

(3)in the case of a crop year for which a producer on a farm elected not to plant to long grain and medium grain rice during the 2003 through 2006 crop years, the percentages of acreage planted in the applicable State to long grain rice and medium grain rice, as determined by the Secretary.

(c)In carrying out this section, the Secretary shall use the same total base acres, payment acres, and payment yields established with respect to rice under section 7911 and 7912 of this title, as in effect on September 30, 2007, subject to any adjustment under section 8711 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 8714 of this title, referred to in subsec. (a), was repealed by Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658. 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.

§8718 Special Rule for Long Grain and Medium Grain Rice