{"identifier":"/us/usc/t7/s7936","title":7,"num":"\u00a7\u202f7936.","heading":"Payments in lieu of loan deficiency payments for grazed acreage","text":"\u00a7\u202f7936.\nPayments in lieu of loan deficiency payments for grazed acreage\n(a)\nEligible producers\n(1)\nIn general\nEffective for the 2002 through 2007 crop years, in the case of a producer that would be eligible for a loan deficiency payment under\nsection 7935 of this title\n(2)\nGrazing of triticale acreage\nEffective for the 2002 through 2007 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.\n(b)\nPayment amount\n(1)\nIn general\nThe amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying\u2014\n(A) the loan deficiency payment rate determined under\nsection 7935(c) of this title\n(B) the payment quantity determined by multiplying\u2014\n(i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and\n(ii) the payment yield in effect for the calculation of direct payments under subchapter I with respect to that loan commodity on the farm or, in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary in a manner consistent with\nsection 7912(c) of this title\n(2)\nGrazing of triticale acreage\nThe amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying\u2014\n(A) the loan deficiency payment rate determined under\nsection 7935(c) of this title\n(B) the payment quantity determined by multiplying\u2014\n(i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and\n(ii) the payment yield in effect for the calculation of direct payments under subchapter I with respect to wheat on the farm or, in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with\nsection 7912(c) of this title\n(c)\nTime, manner, and availability of payment\n(1)\nTime and manner\nA payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under\nsection 7935 of this title\n(2)\nAvailability\nThe Secretary shall establish an availability period for the payments authorized by this section. In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter.\n(d)\nProhibition on crop insurance indemnity or noninsured crop assistance\nA 2002 through 2007 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under the Federal Crop Insurance Act (\n7 U.S.C. 1501\nsection 7333 of this title","url":"https://projectusc.org/usc/t7/s7936.html","content":[{"t":"sec","id":"/us/usc/t7/s7936","children":[{"t":"num","text":"\u00a7\u202f7936."},{"t":"heading","text":"Payments in lieu of loan deficiency payments for grazed acreage"},{"t":"subsec","id":"/us/usc/t7/s7936/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Eligible producers"},{"t":"para","id":"/us/usc/t7/s7936/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Effective for the 2002 through 2007 crop years, in the case of a producer that would be eligible for a loan deficiency payment under ","children":[{"t":"ref","text":"section 7935 of this title","href":"/us/usc/t7/s7935","tail":" for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7936/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Grazing of triticale acreage"},{"t":"content","children":[{"t":"p","text":"Effective for the 2002 through 2007 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s7936/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Payment amount"},{"t":"para","id":"/us/usc/t7/s7936/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying\u2014"},{"t":"subpara","id":"/us/usc/t7/s7936/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the loan deficiency payment rate determined under ","children":[{"t":"ref","text":"section 7935(c) of this title","href":"/us/usc/t7/s7935/c","tail":" in effect, as of the date of the agreement, for the county in which the farm is located; by"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7936/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the payment quantity determined by multiplying\u2014"},{"t":"clause","id":"/us/usc/t7/s7936/b/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s7936/b/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the payment yield in effect for the calculation of direct payments under subchapter I with respect to that loan commodity on the farm or, in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary in a manner consistent with ","children":[{"t":"ref","text":"section 7912(c) of this title","href":"/us/usc/t7/s7912/c","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7936/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Grazing of triticale acreage"},{"t":"chapeau","text":"The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying\u2014"},{"t":"subpara","id":"/us/usc/t7/s7936/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the loan deficiency payment rate determined under ","children":[{"t":"ref","text":"section 7935(c) of this title","href":"/us/usc/t7/s7935/c","tail":" in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7936/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the payment quantity determined by multiplying\u2014"},{"t":"clause","id":"/us/usc/t7/s7936/b/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s7936/b/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the payment yield in effect for the calculation of direct payments under subchapter I with respect to wheat on the farm or, in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with ","children":[{"t":"ref","text":"section 7912(c) of this title","href":"/us/usc/t7/s7912/c","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s7936/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Time, manner, and availability of payment"},{"t":"para","id":"/us/usc/t7/s7936/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Time and manner"},{"t":"content","children":[{"t":"p","text":"A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under ","children":[{"t":"ref","text":"section 7935 of this title","href":"/us/usc/t7/s7935","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7936/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Availability"},{"t":"content","children":[{"t":"p","text":"The Secretary shall establish an availability period for the payments authorized by this section. In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s7936/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Prohibition on crop insurance indemnity or noninsured crop assistance"},{"t":"content","children":[{"t":"p","text":"A 2002 through 2007 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under the Federal Crop Insurance Act (","children":[{"t":"ref","text":"7 U.S.C. 1501","href":"/us/usc/t7/s1501","tail":" et seq.) or noninsured crop assistance under "},{"t":"ref","text":"section 7333 of this title","href":"/us/usc/t7/s7333","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}