§ 7211. — Authorization for use of production flexibility contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7211]
TITLE 7--AGRICULTURE
CHAPTER 100--AGRICULTURAL MARKET TRANSITION
SUBCHAPTER II--PRODUCTION FLEXIBILITY CONTRACTS
Sec. 7211. Authorization for use of production flexibility
contracts
(a) Offer and terms
The Secretary shall offer to enter into a production flexibility
contract with an eligible owner or producer described in subsection (b)
of this section on a farm containing eligible cropland. Under the terms
of a contract, the owner or producer shall agree, in exchange for annual
contract payments, to--
(1) comply with applicable conservation requirements under
subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C.
3811 et seq.);
(2) comply with applicable wetland protection requirements under
subtitle C of title XII of the Act (16 U.S.C. 3821 et seq.);
(3) comply with the planting flexibility requirements of section
7218 of this title; and
(4) use the land subject to the contract for an agricultural or
related activity, but not for a nonagricultural commercial or
industrial use, as determined by the Secretary.
(b) Eligible owners and producers described
The following producers and owners shall be eligible to enter into a
contract:
(1) An owner of eligible cropland who assumes all or a part of
the risk of producing a crop.
(2) A producer (other than an owner) on eligible cropland with a
share-rent lease of the eligible cropland, regardless of the length
of the lease, if the owner enters into the same contract.
(3) A producer (other than an owner) on eligible cropland who
cash rents the eligible cropland under a lease expiring on or after
September 30, 2002, in which case the owner is not required to enter
into the contract.
(4) A producer (other than an owner) on eligible cropland who
cash rents the eligible cropland under a lease expiring before
September 30, 2002. The owner of the eligible cropland may also
enter into the same contract. If the producer elects to enroll less
than 100 percent of the eligible cropland in the contract, the
consent of the owner is required.
(5) An owner of eligible cropland who cash rents the eligible
cropland and the lease term expires before September 30, 2002, if
the tenant declines to enter into a contract. In the case of an
owner covered by this paragraph, contract payments shall not begin
under a contract until the lease held by the tenant ends.
(6) An owner or producer described in any preceding paragraph
regardless of whether the owner or producer purchased catastrophic
risk protection for a 1996 crop under section 1508(b) of this title.
(c) Tenants and sharecroppers
In carrying out this subchapter, the Secretary shall provide
adequate safeguards to protect the interests of tenants and
sharecroppers.
(d) Eligible cropland described
Land shall be considered to be cropland eligible for coverage under
a contract only if the land has contract acreage attributable to the
land and--
(1) for at least 1 of the 1991 through 1995 crops, at least a
portion of the land was enrolled in the acreage reduction program
authorized for a crop of a contract commodity under section 101B,
103B, 105B, or 107B of the Agricultural Act of 1949 or was
considered planted;
(2) was subject to a conservation reserve contract under section
1231 of the Food Security Act of 1985 (16 U.S.C. 3831) whose term
expired, or was voluntarily terminated, on or after January 1, 1995;
or
(3) is released from coverage under a conservation reserve
contract by the Secretary during the period beginning on January 1,
1995, and ending on the date specified in section 7212(a)(2) of this
title.
(e) Quantity of eligible cropland covered by contract
Subject to subsection (b)(4) of this section, an owner or producer
may enroll as contract acreage all or a portion of the eligible cropland
on the farm.
(f) Voluntary reduction in contract acreage
Subject to subsection (b)(4) of this section, an owner or producer
who enters into a contract may subsequently reduce the quantity of
contract acreage covered by the contract.
(Pub. L. 104-127, title I, Sec. 111, Apr. 4, 1996, 110 Stat. 898.)
References in Text
The Food Security Act of 1985, referred to in subsec. (a)(1), (2),
is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subtitles B
and C of title XII of the Act are classified generally to subchapters II
(Sec. 3811 et seq.) and III (Sec. 3821 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.
This subchapter, referred to in subsec. (c), was in the original
``this subtitle'', meaning subtitle B (Secs. 111-118) of title I of Pub.
L. 104-127, Apr. 4, 1996, 110 Stat. 898, which enacted this subchapter
and amended sections 1308, 1308-1, and 1308-3 of this title. For
complete classification of subtitle B to the Code, see Tables.
Sections 101B, 103B, 105B, and 107B of the Agricultural Act of 1949,
referred to in subsec. (d)(1), were classified to sections 1441-2, 1444-
2, 1444f, and 1445b-3a, respectively, of this title prior to repeal by
section 7301(b)(2)(A)-(D) of this title.
Violation of Contract; Denial of Funds for Salaries
Pub. L. 104-180, title VII, Sec. 726, Aug. 6, 1996, 110 Stat. 1600,
provided that: ``None of the funds made available in this Act [see
Tables for classification] may be used to pay the salaries of employees
of the Department of Agriculture who make payments pursuant to a
production flexibility contract entered into under section 111 of the
Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-
127; 7 U.S.C. 7211) when it is made known to the Federal official having
authority to obligate or expend such funds that the land covered by that
production flexibility contract is not being used for the production of
an agricultural commodity or is not devoted to a conserving use, unless
it is also made known to that Federal official that the lack of
agricultural production or the lack of a conserving use is a consequence
of drought, flood, or other natural disaster.''
Section Referred to in Other Sections
This section is referred to in sections 7202, 7216, 7917 of this
title.
