2015 US Code
Title 7 - Agriculture (Sections 1 - 9097)
Chapter 113 - Agricultural Commodity Support Programs (Sections 8701 - 8793)
Subchapter I - Direct Payments and Counter-Cyclical Payments (Sections 8711 - 8719)
Sec. 8712 - Payment yields
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 7 - AGRICULTURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 7 - AGRICULTURE CHAPTER 113 - AGRICULTURAL COMMODITY SUPPORT PROGRAMS SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS Sec. 8712 - Payment yields |
| Contains | section 8712 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 110-234, title I, §1102, May 22, 2008, 122 Stat. 940; Pub. L. 110-246, §4(a), title I, §1102, June 18, 2008, 122 Stat. 1664, 1669. |
| Statutes at Large Reference | 122 Stat. 940, 1664 |
| Public and Private Law | Public Law 110-234, Public Law 110-246 |
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For the purpose of making direct payments and counter-cyclical payments under this subchapter, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under section 7912 of this title in accordance with this section.
(b) Payment yields for designated oilseeds and eligible pulse crops(1) Determination of average yieldIn the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero.
(2) Adjustment for payment yield(A) In generalThe payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following:
(i) The average yield for the designated oilseed or pulse crop determined under paragraph (1).
(ii) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops.
(B) No national average yield information availableTo the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
(3) Use of partial county average yieldIf the yield per planted acre for a crop of a designated oilseed or pulse crop for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed or pulse crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1).
(4) No historic yield data availableIn the case of establishing yields for designated oilseeds and eligible pulse crops, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under paragraph (2)(A)(ii) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary.
(Pub. L. 110–234, title I, §1102, May 22, 2008, 122 Stat. 940; Pub. L. 110–246, §4(a), title I, §1102, June 18, 2008, 122 Stat. 1664, 1669.)
CODIFICATIONPub. 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.
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