---
kind: "section"
citation: "7 U.S.C. § 8787"
title: "7"
title_heading: "Agriculture"
number: "8787"
heading: "Hard white wheat development program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/8787"
units:
  - "Chapter 113 — Agricultural Commodity Support Programs"
  - "Subchapter V — Administration"
---

# §8787. Hard white wheat development program

- (a) **Definitions—** In this section:
  - (1) **Eligible hard white wheat seed—** The term “eligible hard white wheat seed” means hard white wheat seed that, as determined by the [Secretary](/usc/7/499a.md?p=b-2), is—
    - (A) certified;
    - (B) of a variety that is suitable for the [State](/usc/7/8702.md?p=15) in which the seed will be planted;
    - (C) rated at least superior with respect to quality; and
    - (D) specifically approved under a seed establishment program established by the State Department of Agriculture and the [State](/usc/7/8702.md?p=15) Wheat Commission of the 1 or more [States](/usc/7/8702.md?p=15) in which the seed will be planted.
  - (2) **Program—** The term “program” means the hard white wheat development program established under [subsection (b)(1)](#b-1).
  - (3) **Secretary—** The term “[Secretary](/usc/7/499a.md?p=b-2)” means the [Secretary](/usc/7/499a.md?p=b-2) of Agriculture, in consultation with the State Departments of Agriculture and the [State](/usc/7/8702.md?p=15) Wheat Commissions of the [States](/usc/7/8702.md?p=15) in regions in which hard white wheat is produced, as determined by the [Secretary](/usc/7/499a.md?p=b-2).
- (b) **Establishment—**
  - (1) **In general—** Subject to the availability of appropriations, the [Secretary](/usc/7/499a.md?p=b-2) shall establish a hard white wheat development program in accordance with [paragraph (2)](#b-2) to promote the establishment of hard white wheat as a viable [market](/usc/7/198.md?p=1) class of wheat in the [United States](/usc/7/8702.md?p=17) by encouraging production of at least 240,000,000 bushels of hard white wheat by 2012.
  - (2) **Payments—**
    - (A) **In general—** Subject to subparagraphs [(B)](#b-2-B) and [(C)](#b-2-C) and [subsection (c)](#c), if funds are made available for any of the 2009 through 2012 crops of hard white wheat, the [Secretary](/usc/7/499a.md?p=b-2) shall make available incentive payments to [producers](/usc/7/8702.md?p=13-A) of those crops.
    - (B) **Acreage limitation—** The [Secretary](/usc/7/499a.md?p=b-2) shall carry out [subparagraph (A)](#b-2-A) subject to a regional limitation determined by the [Secretary](/usc/7/499a.md?p=b-2) on the number of acres for which payments may be received that takes into account planting history and potential planting, but does not exceed a total of 2,900,000 acres or the equivalent volume of production based on a yield of 50 bushels per acre.
    - (C) **Payment limitations—** Payments to [producers](/usc/7/8702.md?p=13-A) on a farm described in [subparagraph (A)](#b-2-A) shall be—
      - (i) in an amount that is not less than $0.20 per bushel; and
      - (ii) in an amount that is not less than $2.00 per acre for planting eligible hard white wheat seed.
- (c) **Authorization of appropriations—** There are authorized to be appropriated to carry out this section $35,000,000 for the period of fiscal years 2009 through 2012.

## Source credit

(Pub. L. 110–234, title I, § 1612, May 22, 2008, 122 Stat. 1019; Pub. L. 110–246, § 4(a), title I, § 1612, June 18, 2008, 122 Stat. 1664, 1747.)

## 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.