12 2 STA T . 1 0 1 9PUBLIC LA W 110 – 2 34—M A Y 22 , 200 8SEC.16 1 2 . HARDW H IT E WHEAT DE V E LOPM E N T PRO G RAM. (a)DEFIN I T I O N S.—Inthis s ec ti o n
( 1 ) EL I G I B LE HARDW HITE WHEAT SEED.— T he te rm‘ ‘e l i g i b le har dw hite wheat seed ’ ’ means hard white wheat seed that , as determined b y the S ecretary, is— ( A ) certi f ied
( B )ofa v ariety that is s u itable for the State in which the seed will be p lanted; ( C ) rated at least superior with respect to q uality; and (D) specifically approved under a seed establishment program established by the State Department of Agri - culture and the State W heat Commission of the 1 or more States in which the seed will be planted. ( 2 ) P ROGRA M .—The term ‘‘program’’ means the hard white wheat development program established under subsection (b)(1). ( 3 )SE C RETAR Y .—The term ‘‘Secretary’’ means the Secretary of Agriculture, in consultation with the State Departments of Agriculture and the State Wheat Commissions of the States in regions in which hard white wheat is produced, as deter- mined by the Secretary. (b) ESTABLISHMENT.— (1) IN GENERAL.—Sub j ect to the availability of appropria- tions, the Secretary shall establish a hard white wheat develop- ment program in accordance with paragraph (2) to promote the establishment of hard white wheat as a viable mar k et class of wheat in the U nited States by encouraging production of at least 2 40 ,000,000 bushels of hard white wheat by 2012. (2) PAYMENTS.— (A) IN GENERAL.—Subject to subparagraphs (B) and (C) and subsection (c), if funds are made available for any of the 200 9 through 2012 crops of hard white wheat, the Secretary shall make available incentive payments to producers of those crops. (B) ACREAGE LIMITATION.—The Secretary shall carry out subparagraph (A) subject to a regional limitation deter- mined by the Secretary on the number of acres for which payments may be received that takes into account planting history and potential planting, but does not e x ceed a total of 2,900,000 acres or the equivalent volume of production based on a yield of 5 0 bushels per acre. (C) PAYMENT LIMITATIONS.—Payments to producers on a farm described in subparagraph (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) A U THORI Z ATION OF A P PROPRIATIONS.—There are authori z ed to be appropriated to carry out this section $35,000,000 for the period of fiscal years 2009 through 2012. SEC. 161 3 .D U RUM WHEAT Q UALIT Y PROGRAM. (a) IN G ENERAL.—Subject to the availability of funds under subsection (c), the Secretary shall provide compensation to pro- ducers of durum wheat in an amount not to exceed 50 percent of the actual cost of fungicides applied to a crop of durum wheat 7USC8 788 . 7 USC 8787.
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