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2026-07-06 09:52:37 -04:00

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LegalText 7 U.S.C. § 8712 Payment yields us united_states_code code_section 7 AGRICULTURE 113 AGRICULTURAL COMMODITY SUPPORT PROGRAMS 8712 7 U.S.C. § 8712 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip /us/usc/t7/s8712 data/legal/raw/us/code/title-07/usc07.xml 152f758805d1c6332a6144e125827755fadd00620eb12db79e408459a413c77e 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 35e437e61d6dca9d8f951ab548ab978447d71562c0a89336557521adb2a24481 2026-07-04 official
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7 U.S.C. § 8712 - Payment yields

Text

(a) Establishment and purpose 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 yield In 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 general The 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 available To 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 yield If 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 available In 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. 110234, title I, § 1102, May 22, 2008, 122 Stat. 940; Pub. L. 110246, § 4(a), title I, § 1102, June 18, 2008, 122 Stat. 1664, 1669.)

Notes

Editorial Notes

Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.

Statutory Notes and Related Subsidiaries

Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of this title.