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§ 8735. Loan deficiency payments
(a)
Availability of loan deficiency payments
(1)
In general
Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section
8731 of this title with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.
(2)
Unshorn pelts, hay, and silage
(A)
Marketing assistance loans
Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section
8731 of this title.
(b)
Computation
A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be computed by multiplying—
(2)
the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section
8731 of this title.
(c)
Payment rate
(1)
In general
In the case of a loan commodity, the payment rate shall be the amount by which—
(B)
the rate at which a marketing assistance loan for the loan commodity may be repaid under section
8734 of this title.
(2)
Unshorn pelts
In the case of unshorn pelts, the payment rate shall be the amount by which—
(B)
the rate at which a marketing assistance loan for ungraded wool may be repaid under section
8734 of this title.
(3)
Hay and silage
In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which—
(A)
the loan rate established under section
8732 of this title for the loan commodity from which the hay or silage is derived; exceeds
(B)
the rate at which a marketing assistance loan for the loan commodity may be repaid under section
8734 of this title.
(d)
Exception for extra long staple cotton
This section shall not apply with respect to extra long staple cotton.
(e)
Effective date for payment rate determination
The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.
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