
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7334]

 
                          TITLE 7--AGRICULTURE
 
               CHAPTER 100--AGRICULTURAL MARKET TRANSITION
 
           SUBCHAPTER VIII--MISCELLANEOUS COMMODITY PROVISIONS
 
Sec. 7334. Flood risk reduction


(a) In general

    During fiscal years 1996 through 2002, the Secretary of Agriculture 
(referred to in this section as the ``Secretary'') may enter into a 
contract with a producer on a farm who has contract acreage under the 
Agricultural Market Transition Act [7 U.S.C. 7201 et seq.] that is 
frequently flooded.

(b) Duties of producers

    Under the terms of the contract, with respect to acres that are 
subject to the contract, the producer must agree to--
        (1) the termination of any contract acreage and production 
    flexibility contract under the Agricultural Market Transition Act [7 
    U.S.C. 7201 et seq.];
        (2) forgo loans for contract commodities, oilseeds, and extra 
    long staple cotton;
        (3) not apply for crop insurance issued or reinsured by the 
    Secretary;
        (4) comply with applicable highly erodible land and wetlands 
    conservation compliance requirements established under title XII of 
    the Food Security Act of 1985 (16 U.S.C. 3801 et seq.);
        (5) not apply for any conservation program payments from the 
    Secretary;
        (6) not apply for disaster program benefits provided by the 
    Secretary; and
        (7) refund the payments, with interest, issued under the flood 
    risk reduction contract to the Secretary, if the producer violates 
    the terms of the contract or if the producer transfers the property 
    to another person who violates the contract.

(c) Duties of Secretary

    In return for a contract entered into by a producer under this 
section, the Secretary shall pay the producer an amount that is not more 
than 95 percent of projected contract payments under the Agricultural 
Market Transition Act [7 U.S.C. 7201 et seq.] that the Secretary 
estimates the producer would otherwise have received during the period 
beginning at the time the contract is entered into under this section 
and ending September 30, 2002.

(d) Commodity Credit Corporation

    The Secretary shall carry out the program authorized by this section 
(other than subsection (e) of this section) through the Commodity Credit 
Corporation.

(e) Additional payments

                           (1) In general

        Subject to the availability of advanced appropriations, the 
    Secretary may make payments to a producer described in subsection 
    (a) of this section, in addition to the payments provided under 
    subsection (c) of this section, to offset other estimated Federal 
    Government outlays on frequently flooded land.

                 (2) Authorization of appropriations

        There are authorized to be appropriated such sums as are 
    necessary to carry out paragraph (1).

(f) Limitation on payments

    Amounts made available for production flexibility contracts under 
section 7213 of this title shall be reduced by an amount that is equal 
to the contract payments that producers forgo under subsection (b)(1) of 
this section.

(Pub. L. 104-127, title III, Sec. 385, Apr. 4, 1996, 110 Stat. 1016.)

                       References in Text

    The Agricultural Market Transition Act, referred to in subsecs. (a), 
(b)(1), and (c), is title I of Pub. L. 104-127, Apr. 4, 1996, 110 Stat. 
896, which is classified principally to this chapter. For complete 
classification of this Act to the Code, see References in Text note set 
out under section 7201 of this title and Tables.
    The Food Security Act of 1985, referred to in subsec. (b)(4), is 
Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Title XII of 
the Act, popularly known as the ``Sodbuster Law'', is classified 
principally to chapter 58 (Sec. 3801 et seq.) 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.

                          Codification

    Section was enacted as part of title III of the Federal Agriculture 
Improvement and Reform Act of 1996, and not as part of title I of the 
Act, known as the Agricultural Market Transition Act, which comprises 
this chapter.
