
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 of this title.
