§ 7334. — Flood risk reduction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
