7 U.S.C. § 1465
Section 1465 · Farm program payment yields
Amended 4 times on record
The Secretary shall provide for the establishment of a farm program payment yield for each farm for each program crop for each crop year in accordance with subsection (b) or (c) of this section.
(1) In general
If the Secretary determines that farm program payment yields shall be established in accordance with this subsection, except as provided in paragraphs (2) and (3), the farm program payment yield for each of the 1991 through 1997 crop years shall be the farm program payment yield for the 1990 crop year for the farm.
(2) Additional yield payments
In the case of each of the 1991 through 1997 crop years for a commodity, if the farm program payment yield for a farm is reduced more than 10 percent below the farm program payment yield for the 1985 crop year, the Secretary shall make available to producers established price payments for the commodity in such amount as the Secretary determines is necessary to provide the same total return to producers as if the farm program payment yield had not been reduced more than 10 percent below the farm program payment yield for the 1985 crop year. The payments shall be made available not later than the time final deficiency payments are made.
(3) No crop or yield available
If no crop of the commodity was produced on the farm or no farm program payment yield was established for the farm for any of the 1981 through 1985 crop years (or, as appropriate, the 1986 through 1990 crop years), the farm program payment yield shall be established on the basis of the average farm program payment yield for the crop years for similar farms in the area.
(4) National, State, or county yields
If the Secretary determines the action is necessary, the Secretary may establish national, State, or county program payment yields on the basis of—
(A) historical yields, as adjusted by the Secretary to correct for abnormal factors affecting the yields in the historical period; or
(B) the Secretary's estimate of actual yields for the crop year involved if historical yield data is not available.
(5) Balancing yields
If national, State, or county program payment yields are established, the farm program payment yields shall balance to the national, State, or county program payment yields.
(1) Actual yields
With respect to the 1991 and subsequent crop years, the Secretary may—
(A) establish the farm program payment yield as provided in subsection (a) of this section; or
(B) establish a farm program payment yield for any program crop for any farm on the basis of the average of the yield per harvested acre for the crop for the farm for each of the 5 crop years immediately preceding the crop year, excluding the crop year with the highest yield per harvested acre, the crop year with the lowest yield per harvested acre, and any crop year in which such crop was not planted on the farm.
(2) Prior yields
For purposes of the preceding sentence, the farm program payment yield for the 1986 crop year and the actual yield per harvested acre with respect to the 1987 and subsequent crop years shall be used in determining farm program payment yields.
(3) Reduction limitation
Notwithstanding any other provision of this paragraph, for purposes of establishing a farm program payment yield for any program crop for any farm for the 1991 and subsequent crop years, the farm program payment yield for the 1986 crop year may not be reduced more than 10 percent below the farm program payment yield for the farm for the 1985 crop year.
(4) Adjustment of yields
The county committee, in accordance with regulations prescribed by the Secretary, may adjust any farm program payment yield for any program crop for any farm if the farm program payment yield for the crop on the farm does not accurately reflect the productive potential of the farm.
In the case of any farm for which the actual yield per harvested acre for any program crop referred to in subsection (c) of this section for any crop year is not available, the county committee may assign the farm a yield for the crop for the crop year on the basis of actual yields for the crop for the crop year on similar farms in the area.
(1) Provision
The Secretary shall, under such terms and conditions as the Secretary may prescribe, allow producers to provide to county committees data with respect to the actual yield for each farm for each program crop.
(2) Maintenance
The Secretary shall maintain the data for at least 5 crop years after receipt in a manner that will permit the data to be used, if necessary, in the administration of the commodity programs.
(3) Notification
The Secretary shall provide timely notification to producers of the provisions of this subsection.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 1465, act Oct. 31, 1949, ch. 792, title V, §506(c), formerly §505(c), as added July 12, 1951, ch. 223, 65 Stat. 121, and renumbered Oct. 3, 1961, Pub. L. 87–345, §3, 75 Stat. 761, provided for an exemption from a head tax as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964.
A prior section 1465a, act Oct. 31, 1949, ch. 792, title V, §506(d), as added Oct. 3, 1961, Pub. L. 87–345, §4, 75 Stat. 761, provided for illness or disability tax as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964.
Amendments
1993—Subsec. (b)(1), (2). Pub. L. 103–66 substituted “1997” for “1995”.
1990—Pub. L. 101–624 amended section generally, substituting provisions establishing farm program payment yields for provisions authorizing Secretary to provide for upward adjustments of any crop acreage base for any farm for any crop year.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–624 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 a note under section 1421 of this title.