7 U.S.C. § 1444F
Section 1444f · Repealed. Pub. L. 104127, title I, 171(b)(2)(C), Apr. 4, 1996, 110 Stat. 938
Amended 7 times on record
(1) In general
Except as otherwise provided in this subsection, the Secretary shall make available to producers on a farm loans and purchases for each of the 1991 through 1995 crops of corn produced on the farm at such level as the Secretary determines will encourage the exportation of feed grains and not result in excessive total stocks of feed grains after taking into consideration the cost of producing corn, supply and demand conditions, and world prices for corn.
(2) Minimum loan and purchase level
Except as provided in paragraphs (3) and (4), the loan and purchase level determined under paragraph (1) shall not be less than 85 percent of the simple average price received by producers of corn, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of corn, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period, except that the loan and purchase level for a crop determined under this paragraph may not be reduced by more than 5 percent from the level determined for the preceding crop.
(3) Adjustments to support level
(A) Stocks to use ratio
If the Secretary estimates for any marketing year that the ratio of ending stocks of corn to total use for the marketing year will be—
(i) equal to or greater than 25 percent, the Secretary may reduce the loan and purchase level for corn for the corresponding crop by an amount not to exceed 10 percent in any year;
(ii) less than 25 percent but not less than 12.5 percent, the Secretary may reduce the loan and purchase level for corn for the corresponding crop by an amount not to exceed 5 percent in any year; or
(iii) less than 12.5 percent the Secretary may not reduce the loan and purchase level for corn for the corresponding crop.
(B) Report to Congress
(i) In general
If the Secretary adjusts the level of loans and purchases for corn under subparagraph (A), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report—
(I) certifying such adjustment as necessary to prevent the accumulation of stocks and to retain market share; and
(II) containing a description of the need for such adjustment.
(ii) Effective date of adjustment
The adjustment shall become effective no earlier than 60 calendar days after the date of submission of the report to the Committees, except that in the case of the 1991 crop of feed grains, the adjustment shall become effective on the date of the submission of the report.
(C) Competitive position
Notwithstanding subparagraph (A), if the Secretary determines, not later than 60 days prior to the beginning of a marketing year for a crop, that the effective loan rate established for such crop will not maintain a competitive market position for corn, the Secretary may reduce the loan and purchase level for corn for the marketing year by an amount, in addition to any reduction under subparagraph (A), not to exceed 10 percent in any year.
(D) No effect on future years
Any reduction in the loan and purchase level for corn under this paragraph shall not be considered in determining the loan and purchase level for corn for subsequent years.
(E) Minimum loan rate
Notwithstanding subparagraph (A), the loan rate for corn shall not be less than $1.76 per bushel, unless such rate would exceed 80 percent of the 5-year average market price determination.
(4) Marketing loan provisions
(A) In general
The Secretary may permit a producer to repay a loan made under this subsection for a crop at a level (except as provided in subparagraph (C)) that is the lesser of—
(i) the loan level determined for the crop;
(ii) the higher of—
(I) 70 percent of such level;
(II) if the loan level for a crop was reduced under paragraph (3), 70 percent of the loan level that would have been in effect but for the reduction under paragraph (3); or
(iii) the prevailing world market price for feed grains (adjusted to United States quality and location), as determined by the Secretary.
(B) Prevailing world market price
If the Secretary permits a producer to repay a loan in accordance with subparagraph (A), the Secretary shall prescribe by regulation—
(i) a formula to determine the prevailing world market price for feed grains, adjusted to United States quality and location; and
(ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for feed grains.
(C) Alternative repayment rates
For each of the 1991 through 1995 crops of feed grains, if the world market price for feed grains (adjusted to United States quality and location) as determined by the Secretary, is less than the loan level determined for the crop, the Secretary may permit a producer to repay a loan made under this subsection for a crop at such level (not in excess of the loan level determined for the crop) as the Secretary determines will—
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of feed grain stocks by the Federal Government;
(iii) minimize the cost incurred by the Federal Government in storing feed grains; and
(iv) allow feed grains produced in the United States to be marketed freely and competitively, both domestically and internationally.
(5) Simple average price
For purposes of this section, the simple average price received by producers for the immediately preceding marketing year shall be based on the latest information available to the Secretary at the time of the determination.
(6) Other feed grains
The Secretary shall make available to producers loans and purchases for each of the 1991 through 1995 crops of grain sorghums, barley, oats, and rye, respectively, produced on the farm at such level as the Secretary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value of the commodity in relation to corn and other factors specified in section 1421(b) of this title.
(1) In general
The Secretary may, for each of the 1991 through 1995 crops of feed grains, make payments (hereafter in this section referred to as “loan deficiency payments”) available to producers who, although eligible to obtain a loan or purchase agreement under subsection (a) of this section, agree to forgo obtaining the loan or agreement in return for payments under this subsection.
(2) Computation
A payment under this subsection shall be computed by multiplying—
(A) the loan payment rate; by
(B) the quantity of feed grains the producer is eligible to place under loan (or obtain a purchase agreement) but for which the producer forgoes obtaining the loan or agreement in return for payments under this subsection.
(3) Loan payment rate
For purposes of this subsection, the loan payment rate shall be the amount by which—
(A) the loan level determined for the crop under subsection (a) of this section; exceeds
(B) the level at which a loan may be repaid under subsection (a) of this section.
(1) Deficiency payments
(A) In general
The Secretary shall make available to producers payments (hereafter in this section referred to as “deficiency payments”) for each of the 1991 through 1995 crops of corn, grain sorghums, oats, and barley, in an amount computed by multiplying—
(i) the payment rate; by
(ii) the payment acres for the crop; by
(iii) the farm program payment yield established for the crop for the farm.
(B) Payment rate
(i) Payment rate for 1991 through 1993 crops
The payment rate for each of the 1991 through 1993 crops of corn, grain sorghums, oats, and barley shall be the amount by which the established price for the respective crop of feed grains exceeds the higher of—
(I) the national weighted average market price received by producers during the first 5 months of the marketing year for the crop, as determined by the Secretary; or
(II) the loan level determined for the crop, prior to any adjustment made under subsection (a)(3) of this section for the marketing year for the crop.
(ii) Payment rate of 1994 and 1995 crops
The payment rate for each of the 1994 and 1995 crops of corn, grain sorghums, oats, and barley shall be the amount by which the established price for the respective crop of feed grains exceeds the higher of—
(I) the lesser of—
(aa) the national weighted average market price received by producers during the marketing year for the crop, as determined by the Secretary; or
(bb) the national weighted average market price received by producers during the first 5 months of the marketing year for the crop, as determined by the Secretary, plus 7 cents per bushel; or
(II) the loan level determined for the crop, prior to any adjustment made under subsection (a)(3) of this section for the marketing year for the respective crop of feed grains.
(iii) Minimum established prices
(I) Corn
The established price for corn shall not be less than $2.75 per bushel for each of the 1991 through 1995 crops of corn.
(II) Oats
The established price for oats shall be such price as the Secretary determines is fair and reasonable in relation to the established price for corn, but not less than $1.45 per bushel.
(III) Grain sorghums
The established price for each of the 1991 through 1995 crops of grain sorghums shall not be less than $2.61 per bushel.
(IV) Barley
(aa) In general
The established price for barley shall be such price as the Secretary determines is fair and reasonable in relation to the established price for corn, taking into consideration the various feed and food uses for barley. The established price for barley shall not be less than 85.8 percent of the established price for corn.
(bb) Barley calculations
The Secretary shall, for purposes of determining the payment rate for barley under clauses (i) and (ii) and subparagraph (D)(ii), use the national weighted average market price received by producers of barley sold primarily for feed purposes.
(cc) Advance payments
In the case of the 1991 crop of barley, the Secretary shall, for purposes of determining any advance deficiency payment made to the producers of barley under section 1445j of this title, use the national weighted average market price received by producers for all barley, as determined by the Secretary.
(dd) Equity
In implementing this subsection, the Secretary shall make available to producers of the 1991 crop of barley, notwithstanding the method of calculation or the amount of the advance deficiency payment, the total amount of payments as calculated under clause (bb).
(C) Payment acres
Payment acres for a crop shall be the lesser of—
(i) the number of acres planted to the crop for harvest within the permitted acreage; or
(ii) 85 percent of the crop acreage base for the crop for the farm less the quantity of reduced acreage (as determined under subsection (e)(2)(D) of this section).
(D) Emergency compensation
(i) In general
Notwithstanding the foregoing provisions of this section, if the Secretary adjusts the level of loans and purchases for feed grains under subsection (a)(3) of this section, the Secretary shall provide emergency compensation by increasing the deficiency payments for feed grains by such amount as the Secretary determines necessary to provide the same total return to producers as if the adjustment in the level of loans and purchases had not been made.
(ii) Calculation
In determining the payment rate, per bushel, for emergency compensation payments for a crop of feed grains under this subparagraph, the Secretary shall use the national weighted average market price, per bushel of feed grains, received by producers during the marketing year for the crop, as determined by the Secretary.
(E) 0/85 program
(i) In general
If an acreage limitation program under subsection (e)(2) of this section is in effect for a crop of feed grains and the producers on a farm devote a portion of the maximum payment acres for feed grains as calculated under subparagraph (C)(ii) of the farm equal to more than 8 percent for each of the 1991 through 1993 crops, and 15 percent for each of the 1994 through 1997 crops (except as provided in clause (vii)), of such feed grain acreage of the farm for the crop, to conservation uses (except as provided in subparagraph (F))—
(I) such portion of the maximum payment acres of the farm in excess of 8 percent for each of the 1991 through 1993 crops, and 15 percent for each of the 1994 through 1997 crops (except as provided in clause (vii)), of such acreage devoted to conservation uses (except as provided in subparagraph (F)) shall be considered to be planted to feed grains for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (e)(2)(D) of this section; and
(II) the producers shall be eligible for payments under this paragraph with respect to such acreage.
(ii) Deficiency payments
Notwithstanding any other provision of this section, any producer who devotes a portion of the maximum payment acres for feed grains for the farm to conservation uses (or other uses as provided in subparagraph (F)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to feed grains and eligible for payments under this subparagraph for the crop at a per-bushel rate established by the Secretary, except that the rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which feed grain producers may agree to participate in the program for the crop.
(iii) Adverse effect on agribusiness and other interests
The Secretary shall implement this subparagraph in such a manner as to minimize the adverse effect on agribusiness and other agriculturally related economic interests within any county, State, or region. In carrying out this subparagraph, the Secretary is authorized to restrict the total quantity of feed grain acreage that may be taken out of production under this subparagraph, taking into consideration the total quantity of acreage that has or will be removed from production under other price support, production adjustment, or conservation program activities. No restrictions on the quantity of acreage that may be taken out of production in accordance with this subparagraph in a crop year shall be imposed in the case of a county in which producers were eligible to receive disaster emergency loans under section 1961 of this title as a result of a disaster that occurred during the crop year.
(iv) Crop acreage and payment yield
The feed grain crop acreage base and feed grain farm program payment yield of the farm shall not be reduced due to the fact that a portion of the permitted feed grain acreage of the farm was devoted to conserving uses (except as provided in subparagraph (F)) under this subparagraph.
(v) Limitation
Other than as provided in clauses (i) through (iv), payments may not be made under this paragraph for any crop on a greater acreage than the acreage actually planted to feed grains.
(vi) Conservation use acreage under other programs
Any acreage considered to be planted to feed grains in accordance with clauses (i) and (iv) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation or land diversion program requiring that the producers devote a specified acreage to conservation uses.
(vii) Exceptions to 0/85
In the case of each of the 1994 through 1997 crops of feed grains, producers on a farm shall be eligible to receive deficiency payments as provided in clause (ii) if an acreage limitation program under subsection (e) of this section is in effect for the crop and—
(I)(aa) the producers have been determined by the Secretary (in accordance with section 1463(c) of this title) to be prevented from planting the crop or have incurred a reduced yield for the crop (due to a natural disaster); and
(bb) the producers elect to devote a portion of the maximum payment acres for feed grains (as calculated under subparagraph (C)(ii)) equal to more than 8 percent of the feed grain acreage, to conservation uses; or
(II) the producers elect to devote a portion of the maximum payment acres for feed grains (as calculated under subparagraph (C)(ii)) equal to more than 8 percent of the feed grain acreage, to alternative crops as provided in subparagraph (F).
(F) Alternative crops
(i) Industrial and other crops
The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (E) to be devoted to sweet sorghum, guar, castor beans, plantago ovato, triticale, rye, millet, mung beans, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf and milkweed), subject to the following sentence. The Secretary may permit the acreage to be devoted to the production only if the Secretary determines that—
(I) the production is not likely to increase the cost of the price support program; and
(II) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of the raw material and could lead to increased industrial use of the raw material to the long-term benefit of United States industry.
(ii) Oilseeds
The Secretary shall permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (E) to be devoted to sunflowers, rapeseed, canola, safflower, flaxseed, mustard seed, sesame, crambe, and other minor oilseeds designated by the Secretary (excluding soybeans). In implementing this clause, the Secretary shall provide that, in order to receive payments under subparagraph (E), the producers shall agree to forgo eligibility to receive a loan under section 1446f of this title for the crop of any such oilseed produced on the farm.
(iii) Double cropping
The Secretary shall permit, subject to such terms and conditions as the Secretary may prescribe, all or any portion of the acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (E) that is devoted to an industrial, oilseed, or other crop pursuant to clause (i) or (ii) to be subsequently planted during the same crop year to any crop described in subparagraph (B), (C), or (D) of section 1464(b)(1) of this title. The planting of soybeans as such subsequently planted crop shall be limited to farms determined by the Secretary to have an established history of double cropping soybeans during at least 3 of the preceding 5 years. In implementing this clause, the Secretary shall require producers to agree to forego eligibility to receive loans under this Act for the crop of the subsequently planted crop that is produced on a farm under this clause.
(2) Crop insurance requirement
A producer shall obtain catastrophic risk protection insurance coverage in accordance with section 1433f of this title.
The farm program payment yields for farms for each crop of feed grains shall be determined under subchapter IV of this chapter.
(1) In general
(A) Establishment
Notwithstanding any other provision of this Act, if the Secretary determines that the total supply of corn, grain sorghum, barley, or oats, in the absence of an acreage limitation program, will be excessive taking into account the need for an adequate carry-over to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of corn, grain sorghum, barley, or oats an acreage limitation program as described in paragraph (2).
(B) Agricultural resources conservation program
In making a determination under subparagraph (A), the Secretary shall take into consideration the number of acres placed in the agricultural resources conservation program established under subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).
(C) Announcements
If the Secretary elects to implement an acreage limitation program for any crop year, the Secretary shall announce the program not later than September 30 prior to the calendar year in which the crop is harvested, except that in the case of the 1991 crop, the Secretary shall announce the program as soon as practicable after November 28, 1990.
(D) Adjustments
Not later than November 15 of the year previous to the year in which the crop is harvested, the Secretary may make adjustments in the program announced under subparagraph (C) if the Secretary determines that there has been a significant change in the total supply of feed grains since the program was first announced.
(E) Compliance
As a condition of eligibility for loans, purchases, and payments for any such crop of feed grains, except as provided in subsections (f) and (g) of this section and section 1464 of this title, the producers on a farm must comply with the terms and conditions of the acreage limitation program and, if applicable, a land diversion program as provided in paragraph (5).
(F) Acreage limitation program for 1991 crop
In the case of the 1991 crop of corn, the Secretary shall provide for an acreage limitation program (as described in paragraph (2)) under which the acreage planted to corn for harvest on a farm would be limited to the corn crop acreage base for the farm for the crop reduced by not less than 7.5 percent.
(G) Acreage limitation programs for 1992 through 1995 crops
In the case of each of the 1992 through 1995 crops of corn, if the Secretary estimates for a marketing year for the crop that the ratio of ending stocks of corn to total disappearance of corn for the preceding marketing year will be—
(i) more than 25 percent, the Secretary shall provide for an acreage limitation program (as described in paragraph (2)) under which the acreage planted to corn for harvest on a farm would be limited to the corn crop acreage base for the farm for the crop reduced by not less than 10 percent nor more than 20 percent; or
(ii) equal to or less than 25 percent, the Secretary may provide for such an acreage limitation program under which the acreage planted to corn for harvest on a farm would be limited to the corn crop acreage base for the farm for the crop reduced by not more than 0 to 12.5 percent.
For the purpose of this subparagraph, the term “total disappearance” means all corn utilization, including total domestic, total export, and total residual disappearance.
(H) Acreage limitation program for 1991 through 1995 crops of oats
In the case of each of the 1991 through 1995 crops of oats, the Secretary shall provide for an acreage limitation program (as described in paragraph (2)) under which the acreage planted to oats for harvest on a farm would be limited to the oat crop acreage base for the farm for the crop reduced by not more than 0 percent.
(2) Acreage limitation program
(A) Percentage reductions
Except as provided in paragraph (3), if a feed grain acreage limitation program is announced under paragraph (1), such limitation shall be achieved by applying a uniform percentage reduction (from 0 to 20 percent) to the crop acreage base for corn, grain sorghum, barley, or oats, respectively, for each feed grain-producing farm.
(B) Compliance
Except as provided in subsection (g) of this section and section 1464 of this title, producers who knowingly produce a feed grain in excess of the respective permitted feed grain acreage for the farm shall be ineligible for feed grain loans, purchases, and payments with respect to that farm.
(C) Crop acreage bases
Feed grain crop acreage bases for each crop of feed grains shall be determined under subchapter IV of this chapter.
(D) Acreage devoted to conservation uses
A number of acres on the farm shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. Such number shall be determined by multiplying the respective feed grain crop acreage base by the percentage reduction required by the Secretary. The number of acres so determined is hereafter in this subsection referred to as “reduced acreage”. The remaining acreage is hereafter in this subsection referred to as “permitted acreage”. Permitted acreage may be adjusted by the Secretary as provided in paragraph (3) and in section 1464 of this title.
(E) Individual farm program acreage
Except as otherwise provided in subsection (c) of this section, the individual farm program acreage shall be the acreage planted on the farm to feed grains for harvest within the permitted feed grain acreage for the farm as established under this paragraph.
(F) Planting designated crops on reduced acreage
(i) “Designated crop” defined
As used in this subparagraph, the term “designated crop” means a crop defined in section 1464(b)(1) of this title, excluding any program crop as defined in section 1462(3) of this title.
(ii) In general
Subject to clause (iii), the Secretary may permit producers on a farm to plant a designated crop on no more than one-half of the reduced acreage on the farm.
(iii) Limitations
If the producers on a farm elect to plant a designated crop on reduced acreage under this subparagraph—
(I) the amount of the deficiency payment that the producers are otherwise eligible to receive under subsection (c) of this section shall be reduced, for each acre (or portion thereof) that is planted to the designated crop, by an amount equal to the deficiency payment that would be made with respect to a number of acres of the crop that the Secretary considers appropriate, except that if the producers on the farm are participating in a program established for more than one program crop, the amount of the reduction shall be determined by prorating the reduction based on the acreage planted or considered planted on the farm to all of such program crops; and
(II) the Secretary shall ensure that reductions in deficiency payments under subclause (I) are sufficient to ensure that this subparagraph will result in no additional cost to the Commodity Credit Corporation.
(G) Exception for malting barley
The Secretary may provide that no producer of malting barley shall be required as a condition of eligibility for feed grain loans, purchases, and payments to comply with any acreage limitation under this paragraph if the producer has previously produced a malting variety of barley for harvest, plants barley only of an acceptable malting variety for harvest, and meets such other conditions as the Secretary may prescribe. The Secretary shall make an annual determination of whether to exempt such producers from compliance with any acreage limitation under this paragraph and shall announce such determination in the Federal Register.
(H) Corn and sorghum bases
Notwithstanding any other provision of this Act, with respect to each of the 1992 through 1995 crops of corn and grain sorghums—
(i) the Secretary shall combine the permitted acreages established under subparagraph (D) for a farm for a crop year for corn and grain sorghums;
(ii) for each crop year, the sum of the acreage planted and considered planted to corn and grain sorghum, as determined by the Secretary under this section and subchapter IV of this chapter, shall be prorated to corn and grain sorghum based on the ratio of the crop acreage base for the individual crop of corn or grain sorghum, as applicable, to the sum of the crop acreage bases for corn and grain sorghum established for each crop year; and
(iii) for each crop year, the sum of the corn and grain sorghum payment acres, as determined under subsection (c) of this section, shall be prorated to corn and grain sorghum based on the ratio of the maximum payment acres for the individual crop of corn or grain sorghum, as applicable, to the sum of the maximum payment acres for corn and grain sorghum established for each crop year.
(3) Targeted option payments
(A) In general
Notwithstanding any other provision of this section, if the Secretary implements an acreage limitation program with respect to any of the 1991 through 1995 crops of feed grains, the Secretary may make available to producers on a farm who do not receive payments under subsection (c)(1)(E) of this section for such crop on the farm, adjustments in the level of deficiency payments that would otherwise be made available to the producers if the producers exercise the payment options provided in this paragraph.
(B) Payment options
If the Secretary elects to carry out this paragraph, the Secretary shall make the payment options specified in subparagraphs (C) and (D) available to producers who agree to make adjustments in the quantity of acreage diverted from the production of feed grains under an acreage limitation program in accordance with this paragraph.
(C) Increased acreage limitation option
(i) Increase in established price
If the Secretary elects to carry out this paragraph, a producer shall be eligible to receive an increase in the established price for corn under clause (ii) if the producer agrees to an increase in the acreage limitation percentage to be applied to the producers’ corn acreage base above the acreage limitation percentage announced by the Secretary.
(ii) Method of calculation
For the purposes of calculating deficiency payments to be made available to producers who participate in the program under this paragraph, the Secretary shall increase the established price for corn by an amount determined by the Secretary, but not less than 0.5 percent, nor more than 1 percent, for each 1 percentage point increase in the acreage limitation percentage applied to the producers’ corn acreage base.
(iii) Limitation
The acreage limitation percentage to be applied to the producers’ corn acreage base shall not be increased by more than 5 percentage points for the 1991 crop and 10 percentage points for each of the 1992 through 1995 crops above the acreage limitation percentage announced by the Secretary for the crop or above 20 percent total for the crop.
(D) Decreased acreage limitation option
(i) Decrease in acreage limitation requirement
If the Secretary elects to carry out this paragraph, a producer shall be eligible to decrease the acreage limitation percentage applicable to the producers’ corn acreage base (as announced by the Secretary) if the producer agrees to a decrease in the established price for corn under clause (ii) for the purpose of calculating deficiency payments to be made available to the producer.
(ii) Method of calculation
For the purposes of calculating deficiency payments to be made available to producers who choose the option set forth in this subparagraph, the Secretary shall decrease the established price for corn by an amount to be determined by the Secretary, but not less than 0.5 percent, nor more than 1 percent, for each 1 percentage point decrease in the acreage limitation percentage applied to the producers’ corn acreage base.
(iii) Limitation
A producer may not choose to decrease the acreage limitation percentage applicable to the producers’ corn acreage base under this paragraph by more than one-half of the announced acreage limitation percentage.
(E) Other feed grains
The Secretary shall implement the program provided for by this paragraph for other feed grains similar to the manner in which the program is implemented for corn.
(F) Participation and production effects
Notwithstanding any other provision of this paragraph, the Secretary shall, to the extent practicable, ensure that the program provided for in this paragraph does not have a significant effect on program participation or total production and shall be offered in such a manner that the Secretary determines will result in no additional budget outlays. The Secretary shall provide an analysis of the Secretary's determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(4) Administration
(A) Protection from weeds and erosion
The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall assure protection of the acreage from weeds and wind and water erosion.
(B) Annual or perennial cover
(i) Required
(I) In general
Except as provided in subclause (II) and paragraph (2), a producer who participates in an acreage reduction program established for a crop of feed grains under this subsection shall be required to plant to, or maintain as, an annual or perennial cover 50 percent (or more at the option of the producer) of the acreage that is required to be removed from the production of feed grains, but not to exceed 5 percent (or more at the option of the producer) of the crop acreage base established for the crop.
(II) Arid areas
Subclause (I) shall not apply with respect to arid areas (including summer fallow areas), as determined by the Secretary. If the Secretary determines any county in a State to be arid, the respective State committee established under section 590h(b) of title 16 may designate any other county or counties or all of the State as arid for the purposes of this paragraph.
(III) Approval of cover crops and practices
The State committee, after receiving recommendations from the county committees, shall approve appropriate crops planted or maintained as cover, including, as appropriate, annual or perennial native grasses and legumes or other vegetation. The State committee shall establish the final seeding date for the planting of the cover and shall approve appropriate cover crops or practices, after consulting the Soil Conservation Service State Conservationist regarding whether the crops or practices will sufficiently protect the land from weeds and wind and water erosion. After the Secretary establishes the State technical committee for the State pursuant to section 1261 of the Food Security Act of 1985 (16 U.S.C. 3861), the State committee shall consult with the technical committee (rather than the Soil Conservation Service State Conservationist) regarding whether the crops or practices will sufficiently protect the land from weeds and wind and water erosion.
(ii) Multiyear program
(I) Cost-share assistance
If a producer elects to establish a perennial cover capable of improving water quality or wildlife habitat on the acreage, the Commodity Credit Corporation shall make available cost-share assistance for 25 percent of the approved cost of establishing the cover on not more than 50 percent of the acreage that is required to be diverted from production, but not to exceed 5 percent (or more, at the option of the producer) of the crop acreage base established for a crop.
(II) Agreement of producer
If a producer elects to establish a perennial cover on the acreage under this subparagraph and receives cost-share assistance from the Corporation with respect to the cover, the producer, under such terms and conditions as may be prescribed by the Secretary, taking into consideration guidelines established by the State technical committees established in subtitle G of title XII of the Food Security Act of 1985 [16 U.S.C. 3861 et seq.], shall agree to maintain the perennial cover for a minimum of 3 years.
(iii) Conserving crops
The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the acreage to be devoted to sweet sorghum, guar, sesame, castor beans, crambe, plantago ovato, triticale, rye, mung beans, milkweed, or other commodity, if the Secretary determines that the production is needed to provide an adequate supply of the commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely.
(C) Haying and grazing
(i) In general
Except as provided in clause (ii), haying and grazing of reduced acreage, acreage devoted to a conservation use under subsection (c)(1)(E) of this section, and acreage diverted from production under a land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 590h(b) of title 16 for a State. The 5-month period shall be established during the period beginning April 1, and ending October 31, of a year.
(ii) Natural disasters
In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on the acreage. The Secretary may not exclude irrigated or irrigable acreage not planted in alfalfa when exercising the authority under this clause.
(D) Water storage uses
(i) In general
The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall provide that land that has been converted to water storage uses shall be considered to be devoted to conservation uses if the land was devoted to wheat, feed grains, cotton, rice, or oilseeds in at least 3 of the immediately preceding 5 years. The land shall be considered to be devoted to conservation uses for the period that the land remains in water storage uses, but not to exceed 5 years subsequent to its conversion to water storage uses.
(ii) Limitations
Land converted to water storage uses for the purposes of this subparagraph may not be devoted to any commercial use, including commercial fish production. The water stored on the land may not be ground water. The farm on which the land is located must have been irrigated with ground water during at least 1 of the preceding 5 crop years.
(E) Summer fallow
In determining the quantity of land to be devoted to conservation uses under an acreage limitation program with respect to land that has been farmed under summer fallow practices, as defined by the Secretary, the Secretary shall consider the effects of soil erosion and such other factors as the Secretary considers appropriate.
(5) Land diversion payments
(A) In general
The Secretary may make land diversion payments to producers of feed grains, whether or not an acreage limitation program for feed grains is in effect, if the Secretary determines that the land diversion payments are necessary to assist in adjusting the total national acreage of feed grains to desirable goals. The land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with the producers.
(B) Amounts
The amounts payable to producers under land diversion contracts may be determined through the submission of bids for the contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted.
(C) Limitation on diverted acreage
The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to affect adversely the economy of the county or local community.
(6) Conservation practices
(A) Wildlife food plots or habitat
The reduced acreage and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of this subparagraph.
(B) Soil and water conservation practices
The Secretary may also pay an appropriate share of the cost of approved soil and water conservation practices (including practices that may be effective for a number of years) established by the producer on acreage required to be devoted to conservation uses or on additional diverted acreage.
(C) Public accessibility
The Secretary may provide for an additional payment on the acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations.
(7) Participation agreements
(A) In general
Producers on a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for the participation not later than such date as the Secretary may prescribe.
(B) Modification or termination
The Secretary may, by mutual agreement with producers on a farm, modify or terminate any such agreement if the Secretary determines the action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. The Secretary may modify the agreement under this subparagraph for the purpose of alleviating a shortage in the supply of agricultural commodities only if there has been a significant change in the estimated stocks of the commodity since the Secretary announced the final terms and conditions of the program for the crop of feed grains.
(8) Special oats plantings
In any crop year that the Secretary determines that projected domestic production of oats will not fulfill the projected domestic demand for oats, notwithstanding the foregoing provisions of this subsection, the Secretary—
(A) may provide that any reduced acreage may be planted to oats for harvest;
(B) may make program benefits (including loans, purchases, and payments) available under the annual program for oats under this section available to producers with respect to acreage planted to oats under this paragraph; and
(C) shall not make program benefits other than the benefits specified in subparagraph (B) available to producers with respect to acreage planted to oats under this paragraph.
(1) In general
The Secretary may, for each of the 1991 through 1995 crops of feed grains, make payments available to producers who meet the requirements of this subsection.
(2) Form
The payments may be made in the form of marketing certificates.
(3) Payments
Payments under this subsection shall be determined in the same manner as provided in subsection (b) of this section.
(4) Eligibility
A producer shall be eligible to receive a payment under this subsection for a crop if the producer—
(A) agrees to forgo obtaining a loan or purchase agreement under subsection (a) of this section;
(B) agrees to forgo receiving payments under subsection (c) of this section;
(C) does not plant feed grains for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (e) of this section; and
(D) otherwise complies with this section.
(1) In general
Effective for the 1992 or 1993 crops (and, if the Secretary so determines, the 1994 and 1995 crops), if a feed grain acreage limitation program or a land diversion program is announced under subsection (e) of this section for such crops, the Secretary shall carry out a pilot program in at least 15 counties in at least 2 States where producers express an interest in participating in the pilot program under which the producers on a farm shall be considered to have met the requirements of such acreage limitation or land diversion program if the producers meet the requirements of the voluntary production limitation program established under this subsection.
(2) Limitation on marketing
In order to comply with the voluntary production limitation program, the producers on a farm must agree not to market, barter, donate, or use on the farm (including use as feed for livestock) in a marketing year a quantity of feed grains in excess of the feed grain production limitation quantity for the farm for the marketing year.
(3) Production limitation quantity
For purposes of this subsection, the production limitation quantity for a farm for a marketing year for a crop shall equal the product obtained by multiplying—
(A) the acreage permitted to be planted to feed grains under the acreage reduction program or land diversion program in effect for the crop for the farm; by
(B) the higher of—
(i) the farm program payment yield for the farm; or
(ii) the average of the yield per harvested acre for feed grains for the farm for each of the 5 crop years immediately preceding the crop year during which the producers first participate in the program established under this subsection, excluding the crop years with the highest and lowest yield per harvested acre and any crop year in which the commodity was not planted on the farm.
(4) Terms and conditions
Producers on a farm who elect to participate in the program established under this subsection for a crop of feed grains shall—
(A) enter into an agreement with the Secretary providing that the producers shall comply with the program for the crop;
(B) not plant program commodities for harvest in a quantity in excess of the sum of the crop acreage bases for the farm; and
(C) be considered to have complied with the terms and conditions of the feed grain acreage reduction program or land diversion program for the crop, even though the acreage planted to feed grains on the farm exceeds the permitted acreage provided under the acreage reduction or land diversion program.
(5) Excess production
(A) In general
Any quantity of feed grains produced in a crop year on a farm in excess of the production limitation quantity for the farm may be stored by the producers for a period of not to exceed 5 marketing years and may be used only in accordance with this paragraph.
(B) Marketing in subsequent year
(i) Participants in program
Producers on a farm who are participating in the program established under this subsection may market, barter, or use a quantity of the excess feed grains referred to in subparagraph (A) equal to the difference between the production limitation quantity for the farm for the crop year subsequent to the crop year in which the excess feed grains are produced less the quantity of feed grains produced on the farm during the crop year.
(ii) Participants in acreage reduction program
Producers on a farm who are participating in an acreage reduction or a land diversion program for a crop of feed grains may market, barter, or use a quantity of the excess feed grains referred to in subparagraph (A) in an amount that reflects the quantity of feed grains that would be expected to be produced on acreage that the producers agree to devote to approved conservation uses (in excess of any acreage reduction or land diversion requirements) during a crop year, as determined by the Secretary.
(6) Duties of Secretary
In carrying out the pilot program established under this subsection, the Secretary—
(A) shall issue such regulations as are necessary to carry out the program;
(B) may require increased acreage reduction or land diversion requirements with respect to producers who have had excess feed grain production in order to allow the producers to market, barter, or use the production in subsequent years;
(C) shall take appropriate measures designed to prevent the circumvention of the program established under this subsection, including the imposition of penalties;
(D) may require producers who participate in the program for a crop, but who fail to comply with the terms and conditions of the program, to refund all or a part of any deficiency payments received with respect to the crop;
(E) may require the forfeiture to the Commodity Credit Corporation of any feed grains that are produced in excess of the production limitation quantity and that are not marketed, bartered, or used within 5 marketing years; and
(F) shall ensure equitable treatment for producers who participate in the pilot program if the Secretary allows increases (based on actual production levels) in the determination of farm program payment yields for feed grains for the farm.
(7) Report
(A) In general
The Comptroller General of the United States shall prepare a report that evaluates the pilot program carried out under this subsection.
(B) Submission
The Comptroller General shall submit a copy of the report required by subparagraph (A) to the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Secretary.
(1) Loans, purchases, and payments
If the failure of a producer to comply fully with the terms and conditions of the program conducted under this section precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. The Secretary may consider whether the producer made a good faith effort to comply fully with the terms and conditions of such program in determining whether equitable relief is warranted under this paragraph.
(2) Deadlines and program requirements
The Secretary may authorize the county and State committees established under section 590h(b) of title 16 to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program.
The Secretary may issue such regulations as the Secretary determines necessary to carry out this section.
The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.
The provisions of section 590h(g) of title 16 (relating to assignment of payments) shall apply to payments under this section.
The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis.
The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.
(1) In general
Compliance on a farm with the terms and conditions of any other commodity program, or compliance with crop acreage base requirements for any other commodity, may not be required as a condition of eligibility for loans, purchases, or payments under this section.
(2) Compliance on other farms
The Secretary may not require producers on a farm, as a condition of eligibility for loans, purchases, or payments under this section for the farm, to comply with the terms and conditions of the feed grains program with respect to any other farm operated by the producers.
(1) In general
In order to ensure that producers and consumers of feed grains are provided with reasonable opportunity to comment on the annual program determinations concerning the price support and acreage reduction program for each of the 1992 and subsequent crops of feed grains, the Secretary shall request public comment regarding the feed grains program in accordance with this subsection.
(2) Options
Not less than 60 days before the program is announced for a crop of feed grains under this section, the Secretary shall propose for public comment various program options for the crop of feed grains.
(3) Analyses
Each option proposed by the Secretary shall be accompanied by an analysis that includes the estimated planted acreage, production, domestic and export use, ending stocks, season average producer price, program participation rate, and cost to the Federal Government that would likely result from each option.
(4) Estimates
In announcing the program for a crop of feed grains under this section, the Secretary shall include an estimate of the planted acreage, production, domestic and export use, ending stocks, season average producer price, program participation rate, and cost to the Federal Government that is expected to result from the program as announced.
(1) Assessment required
In order to help offset costs associated with deficiency payments made available under this section to producers of barley, the Secretary shall provide for an assessment for each of the 1991 through 1995 crop years to be levied on any producer of malting barley produced on a farm that is enrolled for the crop year in the production adjustment program under this section. The Secretary shall establish such assessment at not more than 5 percent of the value of the malting barley produced on program payment acres on the farm during each of the 1991 through 1995 crop years. The production per acre on which the assessment is based shall not be greater than the farm program payment yield.
(2) Value of malting barley
The Secretary may establish the value of such malting barley at the lesser of the State or national weighted average market price received by producers of malting barley for the first 5 months of the marketing year. In calculating the State or national weighted average market price, the Secretary may exclude the value of malting barley that is contracted for sale by producers prior to planting.
(3) Exception to assessment
In counties where malting barley is produced, participating barley producers may certify to the Secretary prior to computation of final deficiency payments that part or all of the producer's production was (or will be) sold or used for nonmalting purposes. The portion certified as sold or used for nonmalting purposes shall not be subject to the assessment. The Secretary may require producers to provide to the Secretary such documentation as the Secretary considers appropriate to carry out this paragraph.
(1) Recourse loans
Notwithstanding any other provision of law, effective for each of the 1991 through 1995 crops of feed grains, the Secretary (through the Commodity Credit Corporation) shall make available recourse loans, as determined by the Secretary, to producers on a farm who—
(A) normally harvest all or a portion of their crop of feed grains in a high moisture state, hereinafter in this subsection defined as a feed grain having a moisture content in excess of Commodity Credit Corporation standards for loans made by the Secretary under paragraphs (1) and (6) of subsection (a) of this section;
(B)(i) present certified scale tickets from an inspected, certified commercial scale, including licensed warehouses, feedlots, feed mills, distilleries, or other similar entities approved by the Secretary, pursuant to regulations issued by the Secretary; or
(ii) present field or other physical measurements of the standing or stored feed grain crop in regions of the country, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation;
(C) certify that they were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to such facilities maintained by the users of such high-moisture feed grain;
(D) comply with deadlines established by the Secretary for harvesting the feed grain and submit applications for loans within deadlines established by the Secretary; and
(E) participate in an acreage limitation program for the crop of feed grains established by the Secretary.
(2) Eligibility of acquired feed grains
The loans shall be made on a quantity of feed grains of the same crop acquired by the producer equivalent to a quantity determined by multiplying—
(A) the acreage of the feed grain in a high moisture state harvested on the producer's farm; by
(B) the lower of the farm program payment yield or the actual yield on a field, as determined by the Secretary, that is similar to the field from which such high moisture feed grain was obtained.
Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of feed grains.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
This Act, referred to in subsecs. (c)(1)(F)(iii) and (e)(1)(A), (2)(H), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which is classified principally to this chapter (§1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
The Food Security Act of 1985, referred to in subsec. (e)(1)(B), (4)(B)(ii)(II), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subtitles D and G of title XII of the Act are classified generally to subchapters IV (§3831 et seq.) and VII (§3861 et seq.), respectively, of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.
Amendments
1994—Subsec. (c)(1)(B)(iii)(IV)(bb). Pub. L. 103–247 substituted “clauses (i) and (ii)” for “clause (i)(I)”.
Subsec. (c)(1)(G). Pub. L. 103–354, §119(a)(4)(A), struck out heading and text of subpar. (G). Text read as follows: “The total quantity of feed grains on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2).”
Subsec. (c)(2). Pub. L. 103–354, §119(a)(4)(B), added par. (2) and struck out former par. (2) which related to disaster payments.
1993—Subsec. (c)(1)(E). Pub. L. 103–66, §1103(1), substituted “85” for “92” in heading.
Subsec. (c)(1)(E)(i). Pub. L. 103–66, §1103(2), inserted “for each of the 1991 through 1993 crops, and 15 percent for each of the 1994 through 1997 crops (except as provided in clause (vii)),” after “8 percent” in introductory provisions and subcl. (I).
Subsec. (c)(1)(E)(vii). Pub. L. 103–66, §1103(3), added cl. (vii).
1991—Subsec. (c)(1)(B)(iii)(IV)(bb). Pub. L. 102–237, §113(4), substituted “calculations” for “Calculations” in heading.
Subsec. (c)(1)(F)(i). Pub. L. 102–237, §102(c)(1), in introductory provisions substituted “castor beans,” for “sesame, castor beans, crambe,” and “rye, millet, mung beans,” for “rye, mung beans,” and in subcl. (I) struck out “and will not affect farm income adversely” after “program”.
Subsec. (c)(1)(F)(ii). Pub. L. 102–237, §102(c)(2), substituted “mustard seed, sesame, crambe, and” for “mustard seed, and”.
Subsec. (c)(1)(F)(iii). Pub. L. 102–237, §103(a), added cl. (iii).
Subsec. (e)(2)(G). Pub. L. 102–237, §108(1), inserted at end “The Secretary shall make an annual determination of whether to exempt such producers from compliance with any acreage limitation under this paragraph and shall announce such determination in the Federal Register.”
Subsec. (e)(2)(H). Pub. L. 102–237, §105, added subpar. (H).
Subsec. (e)(4)(B)(i). Pub. L. 102–237, §106(c), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “(i) In general.—Except as provided in paragraph (2), a producer who participates in an acreage reduction program established for a crop of feed grains under this subsection shall be required to plant to an annual or perennial cover 50 percent (or more, at the option of the producer) of the acreage that is required to be removed from the production of feed grains, but not to exceed 5 percent (or more, at the option of the producer) of the crop acreage base established for the crop. This requirement shall not apply with respect to arid areas (including summer fallow areas), as determined by the Secretary.”
Subsec. (g)(1). Pub. L. 102–237, §113(5)(A), substituted “subsection (e)” for “subsection (d)”.
Subsec. (g)(6)(E). Pub. L. 102–237, §113(5)(B), substituted “are” for “is” in two places.
Subsec. (p). Pub. L. 102–237, §108(2), added subsec. (p) and struck out former subsec. (p) which read as follows: “In order to help offset costs associated with deficiency payments made available under this section to producers of barley, the Secretary shall provide for an assessment for each of the 1991 through 1995 crop years to be levied on producers of malting barley that are participating in the production adjustment program under this section. The Secretary shall establish such assessment at no more than 5 percent of the value of malting barley produced on the farm during each of the 1991 through 1995 crop years.”
Subsecs. (q), (r). Pub. L. 102–237, §114(b)(1), added subsec. (q) and redesignated former subsec. (q) as (r).
1990—Subsec. (c)(1)(B)(ii). Pub. L. 101–508, §1102(b), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “Payment rate of 1994 and 1995 crops.—The payment rate for each of the 1994 and 1995 crops of corn, grain sorghums, oats, and barley shall be determined as provided in clause (i).”
Subsec. (c)(1)(C)(ii). Pub. L. 101–508, §1101(b), substituted “85 percent” for “100 percent”.
Subsec. (e)(1)(F). Pub. L. 101–508, §1103(b), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “Acreage limitation program for 1991 crop.—In the case of the 1991 crop of corn, the Secretary shall provide for an acreage limitation program (as described in paragraph (2)) as provided in subparagraph (G).”
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–354 effective Oct. 13, 1994, and applicable to provision of crop insurance under Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) beginning with 1995 crop year, with such Act, as in effect on the day before Oct. 13, 1994, to continue to apply with respect to 1994 crop year, see section 120 of Pub. L. 103–354, set out as a note under section 1502 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as a note under section 511r of this title.
Effective Date
Section effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title.
Acreage Reduction Programs for 1992 Through 1995 Crops
Secretary of Agriculture to announce acreage limitation program for each of 1992 through 1995 crops of wheat, corn, grain sorghum, and barley, which shall not apply if stocks-to-use ratio will be less than 34 percent in the case of wheat and 20 percent in the case of corn, grain sorghum, and barley, and which will also not apply if quantity of soybeans on hand at beginning of the marketing year for the 1991 crop of soybeans (excluding any quantity of soybeans of the 1991 crop) will be less than 325,000,000 bushels, see section 1104 of Pub. L. 101–508, set out as a note under section 1445b–3a of this title.