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LegalText 7 U.S.C. § 8735 Loan deficiency payments us united_states_code code_section 7 AGRICULTURE 113 AGRICULTURAL COMMODITY SUPPORT PROGRAMS 8735 7 U.S.C. § 8735 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/s8735 data/legal/raw/us/code/title-07/usc07.xml 36395404b8004c6ccd7680ca30bbb0863b22b99fe4fd6f39545e9696097f0fb9 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 9228052a9cd7cd61c118f73ac36fd62608d79effb92abfda1ed864b121db5e40 2026-07-04 official
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7 U.S.C. § 8735 - Loan deficiency payments

Text

(a) Availability of loan deficiency payments (1) In general Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 8731 of this title with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.

(2) Unshorn pelts, hay, and silage (A) Marketing assistance loans Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 8731 of this title.

(B) Loan deficiency payment Effective for the 2008 through 2012 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.

(b) Computation A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be computed by multiplying—

(1) the payment rate determined under subsection (c) for the commodity; by

(2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 8731 of this title.

(c) Payment rate (1) In general In the case of a loan commodity, the payment rate shall be the amount by which—

(A) the loan rate established under section 8732 of this title for the loan commodity; exceeds

(B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 8734 of this title.

(2) Unshorn pelts In the case of unshorn pelts, the payment rate shall be the amount by which—

(A) the loan rate established under section 8732 of this title for ungraded wool; exceeds

(B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 8734 of this title.

(3) Hay and silage In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which—

(A) the loan rate established under section 8732 of this title for the loan commodity from which the hay or silage is derived; exceeds

(B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 8734 of this title.

(d) Exception for extra long staple cotton This section shall not apply with respect to extra long staple cotton.

(e) Effective date for payment rate determination The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.

(Pub. L. 110234, title I, § 1205, May 22, 2008, 122 Stat. 958; Pub. L. 110246, § 4(a), title I, § 1205, June 18, 2008, 122 Stat. 1664, 1686.)

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.