7 USC 1308 - Payment limitations

U.S Code last checked for updates: Apr 27, 2024

§ 1308.

Payment limitations

(a)

Definitions

In this section through section 1308–5 of this title:

(1)

Covered commodity

(2)

Family member

(3)

Legal entity

The term “legal entity” means an entity that is created under Federal or State law and that—

(A)

owns land or an agricultural commodity; or

(B)

produces an agricultural commodity.

(4)

Person

(5)

Secretary

(b)

Limitation on payments for covered commodities (other than peanuts)

(c)

Limitation on payments for peanuts

(d)

Limitation on applicability

(e)

Attribution of payments

(1)

In general

(2)

Payments to a person

(3)

Payments to a legal entity

(A)

In general

(B)

Attribution of payments

(i)

Payment limits

(ii)

Exception for joint ventures and general partnerships

(iii)

Reduction

(4)

4 levels of attribution for embedded legal entities

(A)

In general

(B)

First level

(C)

Second level

(i)

In general

(ii)

Ownership by a person

(D)

Third and fourth levels

(i)

In general

(ii)

Fourth-tier ownership

(f)

Special rules

(1)

Minor children

(A)

In general

(B)

Regulations

(2)

Marketing cooperatives

(3)

Trusts and estates

(A)

In general

(B)

Irrevocable trust

(i)

In general

In order for a trust to be considered an irrevocable trust, the terms of the trust agreement shall not—

(I)

allow for modification or termination of the trust by the grantor;

(II)

allow for the grantor to have any future, contingent, or remainder interest in the corpus of the trust; or

(III)

except as provided in clause (ii), provide for the transfer of the corpus of the trust to the remainder beneficiary in less than 20 years beginning on the date the trust is established.

(ii)

Exception

Clause (i)(III) shall not apply in a case in which the transfer is—

(I)

contingent on the remainder beneficiary achieving at least the age of majority; or

(II)

contingent on the death of the grantor or income beneficiary.

(C)

Revocable trust

(4)

Cash rent tenants

(A)

Definition

In this paragraph, the term “cash rent tenant” means a person or legal entity that rents land—

(i)

for cash; or

(ii)

for a crop share guaranteed as to the amount of the commodity to be paid in rent.

(B)

Restriction

(5)

Federal agencies

(A)

In general

(B)

Land rental

(6)

State and local governments

(A)

In general

(B)

Tenants

(7)

Changes in farming operations

(A)

In general

(B)

Family members

(8)

Death of owner

(A)

In general

(B)

Limitations on prior owner

(9)

Administration of reduction

(g)

Public schools

(1)

In general

(2)

Limitation

(A)

In general

(B)

Exception

(h)

Time limits; reliance

(Pub. L. 99–198, title X, § 1001, Dec. 23, 1985, 99 Stat. 1444; Pub. L. 99–500, § 108(a), Oct. 18, 1986, 100 Stat. 1783–346, and Pub. L. 99–591, § 108(a), Oct. 30, 1986, 100 Stat. 3341–346; Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 428; Pub. L. 100–203, title I, §§ 1301(a)(1), (2), 1303, 1305(c), 1307, Dec. 22, 1987, 101 Stat. 1330–12, 1330–16, 1330–18, 1330–19; Pub. L. 101–217, §§ 1, 2, Dec. 11, 1989, 103 Stat. 1857; Pub. L. 101–624, title XI, § 1111(a), (c), (e), Nov. 28, 1990, 104 Stat. 3497–3499; Pub. L. 102–237, title I, § 118(b), Dec. 13, 1991, 105 Stat. 1841; Pub. L. 103–66, title I, § 1101(b)(3)(A), Aug. 10, 1993, 107 Stat. 314; Pub. L. 104–127, title I, § 115(b), Apr. 4, 1996, 110 Stat. 902; Pub. L. 107–171, title I, § 1603(a), (b), May 13, 2002, 116 Stat. 213, 214; Pub. L. 110–234, title I, § 1603(a), (b), May 22, 2008, 122 Stat. 1002; Pub. L. 110–246, § 4(a), title I, § 1603(a), (b), June 18, 2008, 122 Stat. 1664, 1730; Pub. L. 113–79, title I, §§ 1603(a)–(b)(2), 1605(f), Feb. 7, 2014, 128 Stat. 705, 706, 708; Pub. L. 115–334, title I, § 1703(a), Dec. 20, 2018, 132 Stat. 4525.)

cite as: 7 USC 1308