Page:United States Statutes at Large Volume 122.djvu/993

 12 2 STA T .970PUBLIC LA W 110 – 2 34—M A Y 22, 200 8(A)col l e c tandpub l ish se gr egated data and sur v e y in f or m ation about the farm profiles , utili z ation of land, and crop production and ( B ) perform an evaluation on the supply and price of fruits and vegetables based on the effects of suspension of base acres under this section .SEC.130 3. AV A IL A B ILI TYOFD I R ECT P AY M E N TS FOR PEAN U TS. (a) PAYMENTR E QUIR E D . —F or each of the 20 0 8 through 20 1 2 crop years for peanuts, the S ecretary shall ma k e direct payments to the producers on a farm for w hich a payment yield and base acres for peanuts are established. (b) PAYMENT RATE.— Ex cept as provided in section 110 5, the payment rate used to make direct payments with respect to peanuts for a crop year shall be e q ual to $36 per ton. (c) PAYMENT AM O UNT.— T he amount of the direct payment to be paid to the producers on a farm for peanuts for a crop year shall be equal to the product of the following

(1) The payment rate specified in subsection (b). (2) The payment acres on the farm. (3) The payment yield for the farm. (d) TIME F OR PAYMENT.— (1) I N G ENERA L .—Except as provided in paragraph (2), in the case of each of the 2008 through 2012 crop years, the Secretary may not make direct payments under this section before O ctober 1 of the calendar year in which the crop is harvested. (2) AD V AN C E P AYMENT S .— (A) OPTION.— (i) IN GENERAL.—At the option of the producers on a farm, the Secretary shall pay in advance up to 22 percent of the direct payment for peanuts for any of the 2008 through 2011 crop years to the pro - ducers on a farm. (ii) 2008 CROP YEAR.—If the producers on a farm elect to receive advance direct payments under clause (i) for peanuts for the 2008 crop year, as soon as practicable after the election, the Secretary shall make the advance direct payment to the producers on the farm. (B) M ONT H .— (i) SELECTION.—Sub j ect to clauses (ii) and (iii), the producers on a farm shall select the month during which the advance payment for a crop year will be made. (ii) OPTIONS.—The month selected may be any month during the period— (I) beginning on D ecember 1 of the calendar year before the calendar year in which the crop of peanuts is harvested; and (II) ending during the month within which the direct payment would otherwise be made. (iii) C HANGE.—The producers on a farm may change the selected month for a subsequent advance payment by providing advance notice to the Secretary. (3) REPAYMENT OF ADVANCE PAYMENTS.—If a producer on a farm that receives an advance direct payment for a crop 7USC8 7 53.

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