--- kind: "section" citation: "7 U.S.C. § 7912" title: "7" title_heading: "Agriculture" number: "7912" heading: "Establishment of payment yield" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/7912" units: - "Chapter 106 — Commodity Programs" - "Subchapter I — Direct Payments and Counter-Cyclical Payments" --- # §7912. Establishment of payment yield - (a) **Establishment and purpose—** For the purpose of making [direct payments](/usc/7/7901.md?p=5) and [counter-cyclical payments](/usc/7/7901.md?p=3) under this subchapter, the [Secretary](/usc/7/7901.md?p=13) shall provide for the establishment of a [payment yield](/usc/7/7901.md?p=11-A) for each farm for each [covered commodity](/usc/7/7901.md?p=4) in accordance with this section. - (b) **Use of farm program payment yield—** Except as otherwise provided in this section, the [payment yield](/usc/7/7901.md?p=11-A) for each of the 2002 through 2007 crops of a [covered commodity](/usc/7/7901.md?p=4) for a farm shall be the farm program [payment yield](/usc/7/7901.md?p=11-A) established for the 1995 crop of the [covered commodity](/usc/7/7901.md?p=4) under [section 1465 of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t7/s1465)), as adjusted by the [Secretary](/usc/7/7901.md?p=13) to account for any additional yield payments made with respect to that crop under [section 1465(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t7/s1465/b/2)). - (c) **Farms without farm program payment yield—** In the case of a farm for which a farm program [payment yield](/usc/7/7901.md?p=11-A) is unavailable for a [covered commodity](/usc/7/7901.md?p=4) (other than soybeans or [other oilseeds](/usc/7/7901.md?p=9)), the [Secretary](/usc/7/7901.md?p=13) shall establish an appropriate [payment yield](/usc/7/7901.md?p=11-A) for the [covered commodity](/usc/7/7901.md?p=4) on the farm taking into consideration the farm program [payment yields](/usc/7/7901.md?p=11-A) applicable to the commodity under [subsection (b)](#b) for similar farms, but before the yields for the similar farms are updated as provided in [subsection (e)](#e). - (d) **Payment yields for oilseeds—** - (1) **Determination of average yield—** In the case of soybeans and each [other oilseed](/usc/7/7901.md?p=9), the [Secretary](/usc/7/7901.md?p=13) shall determine the average yield per planted acre for the oilseed on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the oilseed was zero. - (2) **Adjustment for payment yield—** The [payment yield](/usc/7/7901.md?p=11-A) for a farm for an oilseed shall be equal to the product of the following: - (A) The average yield for the oilseed determined under [paragraph (1)](#d-1). - (B) The ratio resulting from dividing the national average yield for the oilseed for the 1981 through 1985 crops by the national average yield for the oilseed for the 1998 through 2001 crops. - (3) **Use of partial county average yield—** If the yield per planted acre for a crop of an oilseed for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that oilseed, the [Secretary](/usc/7/7901.md?p=13) shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under [paragraph (1)](#d-1). - (e) **Opportunity to partially update yields used to determine counter-cyclical payments—** - (1) **Election to update—** If the owner of a farm elects to use the [base acres](/usc/7/7901.md?p=2) calculation method described in [section 7911(a)(1)(A) of this title](/usc/7/7911.md?p=a-1-A), the owner shall also have a 1-time opportunity to elect to use 1 of the methods described in [paragraph (3)](#e-3) to partially update the [payment yields](/usc/7/7901.md?p=11-A) that would otherwise be used in calculating any [counter-cyclical payments](/usc/7/7901.md?p=3) for [covered commodities](/usc/7/7901.md?p=4) on the farm. - (2) **Time for election—** The election under [paragraph (1)](#e-1) shall be made at the same time and in the same manner as the [Secretary](/usc/7/7901.md?p=13) prescribes for the election required under [section 7911 of this title](/usc/7/7911.md). - (3) **Methods of updating yields—** If the owner of a farm elects to update yields under this subsection, the [payment yield](/usc/7/7901.md?p=11-A) for a [covered commodity](/usc/7/7901.md?p=4) on the farm, for the purpose of calculating [counter-cyclical payments](/usc/7/7901.md?p=3) only, shall be equal to the yield determined using either of the following: - (A) The sum of the following: - (i) The [payment yield](/usc/7/7901.md?p=11-A) applicable for [direct payments](/usc/7/7901.md?p=5) for the [covered commodity](/usc/7/7901.md?p=4) on the farm. - (ii) 70 percent of the difference between— - (I) the average yield per planted acre for the crop of the [covered commodity](/usc/7/7901.md?p=4) on the farm for the 1998 through 2001 crop years, as determined by the [Secretary](/usc/7/7901.md?p=13), excluding any crop year in which the acreage planted to the crop of the [covered commodity](/usc/7/7901.md?p=4) was zero; and - (II) the [payment yield](/usc/7/7901.md?p=11-A) applicable for [direct payments](/usc/7/7901.md?p=5) for the [covered commodity](/usc/7/7901.md?p=4) on the farm. - (B) 93.5 percent of the average of the yield per planted acre for the crop of the [covered commodity](/usc/7/7901.md?p=4) on the farm for the 1998 through 2001 crop years, as determined by the [Secretary](/usc/7/7901.md?p=13), excluding any crop year in which the acreage planted to the crop of the [covered commodity](/usc/7/7901.md?p=4) was zero. - (4) **Use of partial county average yield—** If the yield per planted acre for a crop of the [covered commodity](/usc/7/7901.md?p=4) for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that commodity, the [Secretary](/usc/7/7901.md?p=13) shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average yield under [paragraph (3)](#e-3). - (5) **Application of election and method to all covered commodities—** The owner of a farm may not elect the method described in [paragraph (3)(A)](#e-3-A) for 1 [covered commodity](/usc/7/7901.md?p=4) on the farm and the method described in [paragraph (3)(B)](#e-3-B) for other [covered commodities](/usc/7/7901.md?p=4) on the farm. ## Source credit (Pub. L. 107–171, title I, § 1102, May 13, 2002, 116 Stat. 147.) ## Notes ### Editorial Notes ### References in Text Section 1465 of this title, referred to in subsec. (b), was omitted from the Code.