---
kind: "section"
citation: "7 U.S.C. § 8712"
title: "7"
title_heading: "Agriculture"
number: "8712"
heading: "Payment yields"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/8712"
units:
  - "Chapter 113 — Agricultural Commodity Support Programs"
  - "Subchapter I — Direct Payments and Counter-Cyclical Payments"
---

# §8712. Payment yields

- (a) **Establishment and purpose—** For the purpose of making [direct payments](/usc/7/8702.md?p=5) and [counter-cyclical payments](/usc/7/8702.md?p=3) under this subchapter, the [Secretary](/usc/7/499a.md?p=b-2) shall provide for the establishment of a yield for each farm for any designated oilseed or eligible [pulse crop](/usc/7/8702.md?p=14) for which a [payment yield](/usc/7/8702.md?p=12) was not established under [section 7912 of this title](/usc/7/7912.md) in accordance with this section.
- (b) **Payment yields for designated oilseeds and eligible pulse crops—**
  - (1) **Determination of average yield—** In the case of designated oilseeds and eligible [pulse crops](/usc/7/8702.md?p=14), the [Secretary](/usc/7/499a.md?p=b-2) shall determine the average yield per planted acre for the designated oilseed or [pulse crop](/usc/7/8702.md?p=14) on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or [pulse crop](/usc/7/8702.md?p=14) was zero.
  - (2) **Adjustment for payment yield—**
    - (A) **In general—** The [payment yield](/usc/7/8702.md?p=12) for a farm for a designated oilseed or eligible [pulse crop](/usc/7/8702.md?p=14) shall be equal to the product of the following:
      - (i) The average yield for the designated oilseed or [pulse crop](/usc/7/8702.md?p=14) determined under [paragraph (1)](#b-1).
      - (ii) The ratio resulting from dividing the national average yield for the designated oilseed or [pulse crop](/usc/7/8702.md?p=14) for the 1981 through 1985 crops by the national average yield for the designated oilseed or [pulse crop](/usc/7/8702.md?p=14) for the 1998 through 2001 crops.
    - (B) **No national average yield information available—** To the extent that national average yield information for a designated oilseed or [pulse crop](/usc/7/8702.md?p=14) is not available, the [Secretary](/usc/7/499a.md?p=b-2) shall use such information as the [Secretary](/usc/7/499a.md?p=b-2) determines to be fair and equitable to establish a national average yield under this section.
  - (3) **Use of partial county average yield—** If the yield per planted acre for a crop of a designated oilseed or [pulse crop](/usc/7/8702.md?p=14) for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed or [pulse crop](/usc/7/8702.md?p=14), the [Secretary](/usc/7/499a.md?p=b-2) 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)](#b-1).
  - (4) **No historic yield data available—** In the case of establishing yields for designated oilseeds and eligible [pulse crops](/usc/7/8702.md?p=14), if historic yield data is not available, the [Secretary](/usc/7/499a.md?p=b-2) shall use the ratio for dry peas calculated under [paragraph (2)(A)(ii)](#b-2-A-ii) in determining the yields for designated oilseeds and eligible [pulse crops](/usc/7/8702.md?p=14), as determined to be fair and equitable by the [Secretary](/usc/7/499a.md?p=b-2).

## Source credit

(Pub. L. 110–234, title I, § 1102, May 22, 2008, 122 Stat. 940; Pub. L. 110–246, § 4(a), title I, § 1102, June 18, 2008, 122 Stat. 1664, 1669.)

## Notes

### Editorial Notes

### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

### Statutory Notes and Related Subsidiaries

### Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.