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United States Code (Last Updated: May 24, 2014) |
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Title 19. CUSTOMS DUTIES |
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Chapter 12. TRADE ACT OF 1974 |
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SubChapter VIII. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE |
§ 2497. Supplemental agricultural disaster assistance
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(a) Definitions In this section: (1) Actual production history yield The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the noninsured crop disaster assistance program, respectively.
(2) Actual production on the farm The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
(3) Adjusted actual production history yield The term “adjusted actual production history yield” means— (A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 508(g)(4)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(4)(B)), the actual production history for the eligible producer without regard to any yields established under that section; (B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [7 U.S.C. 1508(g)(4)(B)], the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of that Act; and (C) in all other cases, the actual production history of the eligible producer on a farm. (4) Adjusted noninsured crop disaster assistance program yield The term “adjusted noninsured crop disaster assistance program yield” means— (A) in the case of an eligible producer on a farm that has at least 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield without regard to any replacement yields; (B) in the case of an eligible producer on a farm that has less than 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield as calculated without including the lowest of the replacement yields; and (C) in all other cases, the production history of the eligible producer on the farm under the noninsured crop disaster assistance program. (5) Counter-cyclical program payment yield The term “counter-cyclical program payment yield” means the weighted average payment yield established under under— and section 7333 of title 7), the Secretary shall prevent duplicative payments with respect to the same loss for which a person receives a payment under subsections (b), (c), (d), (e), or (f).
References In Text
The Federal Crop Insurance Act, referred to in subsecs. (a)(1), (11), (b)(2)(C)(i), (4)(A)(i)(I), (B)(iii), (d)(5)(A)(i), (D)(ii), (g)(1)(A), (5)(B), (7)(A)(ii)(I), and (j), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.
Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(ii), were repealed by Pub. L. 113–79, title I, § 1101,
Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(iii), were repealed by Pub. L. 113–79, title I, § 1102(a),
Section 1105 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(iii), was repealed by Pub. L. 113–79, title I, § 1103(a),
The Food, Conservation, and Energy Act of 2008, referred to in subsecs. (b)(4)(A)(iv), (f)(4)(A), and (h)(1), is Pub. L. 110–246,
The date of enactment of this subchapter, referred to in subsecs. (d)(5)(C) and (g)(4)(A), was in the original “the date of enactment of this subtitle”, and was translated as meaning the date of enactment of title IX of Pub. L. 93–618, as added by Pub. L. 110–246, which was approved
Section 1001(a) of the Food Security Act of 1985 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008), referred to in subsecs. (f)(4)(A) and (h)(1), means section 1001(a) of Pub. L. 99–198, as amended by section 1603 of Pub. L. 110–246, which is classified to section 1308(a) of Title 7, Agriculture.
Subtitle A, referred to in subsec. (g)(7)(F)(ii)(I)(aa), probably means subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, known as the Federal Crop Insurance Act, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.
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.
Amendments
2014—Subsec. (d)(3)(A). Pub. L. 113–79 struck out cl. (i) designation and heading, redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively, and struck out former cl. (ii). Text read as follows: “An eligible livestock producer may not receive assistance under this subsection for grazing losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).”
2009—Subsec. (g)(7). Pub. L. 111–5 added par. (7).
Subsec. (g)(7)(F). Pub. L. 111–80, § 745(b)(1), inserted “(including multiyear assistance)” after “assistance” in introductory provisions.
Subsec. (g)(7)(F)(i). Pub. L. 111–80, § 745(b)(2), inserted “or multiyear production losses” after “a production loss”.
2008—Subsec. (a)(2). Pub. L. 110–398, § 2(b)(1)(F), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 110–398, § 2(b)(1)(E), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (a)(3)(B). Pub. L. 110–398, § 2(b)(1)(A), inserted “has” after “on a farm that”.
Subsec. (a)(4). Pub. L. 110–398, § 2(b)(1)(E), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Pub. L. 110–398, § 2(b)(1)(B), substituted “under—” for “section 7912 of title 7, section 1102 of the Food, Conservation, and Energy Act of 2008, or a successor section.” and added cls. (i) to (iii).
Subsec. (a)(5). Pub. L. 110–398, § 2(b)(1)(E), redesignated par. (4) as (5). Former par. (5) redesignated (7).
Subsec. (a)(5)(B)(ii). Pub. L. 110–398, § 2(b)(1)(C), substituted “the actual production on the farm is less than 50 percent of the normal production on the farm.” for “, the total loss of production of the farm relating to weather is greater than 50 percent of the normal production of the farm, as determined by the Secretary.”
Subsec. (a)(6). Pub. L. 110–398, § 2(b)(1)(G), added par. (6). Former par. (6) redesignated (8).
Subsec. (a)(7). Pub. L. 110–398, § 2(b)(1)(E), redesignated par. (5) as (7). Former par. (7) redesignated (9).
Subsec. (a)(7)(A). Pub. L. 110–398, § 2(b)(1)(D)(i), inserted “for sale or on-farm livestock feeding (including native grassland intended for haying)” after “harvest”.
Subsec. (a)(7)(C). Pub. L. 110–398, § 2(b)(1)(D)(ii), inserted “for sale” after “crop”.
Subsec. (a)(8) to (14). Pub. L. 110–398, § 2(b)(1)(E), redesignated pars. (6) to (12) as (8) to (14), respectively. Former pars. (13) and (14) redesignated (16) and (17), respectively.
Subsec. (a)(15). Pub. L. 110–398, § 2(b)(1)(H), added par. (15). Former par. (15) redesignated (18).
Subsec. (a)(16) to (21). Pub. L. 110–398, § 2(b)(1)(E), redesignated pars. (13) to (18) as (16) to (21), respectively.
Subsec. (b)(1). Pub. L. 110–398, § 2(b)(2)(A), substituted “Payments” for “In general” as par. heading, inserted subpar. (A) designation and heading, and added subpar. (B).
Subsec. (b)(2)(C). Pub. L. 110–398, § 2(b)(2)(B), added subpar. (C).
Subsec. (b)(3)(A)(ii)(III). Pub. L. 110–398, § 2(b)(2)(C)(i), inserted “50 percent of” before “the higher of” in introductory provisions.
Subsec. (b)(3)(A)(ii)(III)(aa). Pub. L. 110–398, § 2(b)(2)(C)(ii), struck out “guarantee” after “yield”.
Subsec. (b)(4)(A)(i)(I). Pub. L. 110–398, § 2(b)(2)(D)(i)(I), added subcl. (I) and struck out former subcl. (I) which read as follows: “the actual crop acreage harvested by an eligible producer on a farm;”.
Subsec. (b)(4)(A)(i)(II), (III). Pub. L. 110–398, § 2(b)(2)(D)(i), redesignated subcl. (III) as (II) and struck out former subcl. (II) which read as follows: “the estimated actual yield of the crop production; and”.
Subsec. (b)(4)(B)(iii). Pub. L. 110–398, § 2(b)(2)(D)(ii), (iii), added cl. (iii).
Subsec. (b)(5). Pub. L. 110–398, § 2(b)(2)(E)(i), struck out “the sum obtained by adding” after “equal” in introductory provisions.
Subsec. (b)(5)(A). Pub. L. 110–398, § 2(b)(2)(E)(ii)(I), substituted “for each insurable commodity, the product” for “the product” in introductory provisions.
Subsec. (b)(5)(A)(i). Pub. L. 110–398, § 2(b)(2)(E)(ii)(II), substituted “greater” for “greatest”.
Subsec. (b)(5)(A)(iii). Pub. L. 110–398, § 2(b)(2)(E)(ii)(III), substituted “of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is triggered; and” for “of the insurance price guarantee; and”.
Subsec. (b)(5)(B). Pub. L. 110–398, § 2(b)(2)(E)(iii)(I), substituted “for each noninsurable crop, the product” for “the product” in introductory provisions.
Subsec. (b)(5)(B)(ii), (iii). Pub. L. 110–398, § 2(b)(2)(E)(iii)(II)–(IV), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (b)(6). Pub. L. 110–398, § 2(b)(2)(F), added par. (6).
Subsec. (d)(5)(B)(ii). Pub. L. 110–398, § 2(b)(3), substituted “subsection” for “section”.
Subsec. (f)(2)(A). Pub. L. 110–398, § 2(b)(4), substituted “the Secretary shall use such sums as are necessary from the Trust Fund to provide” for “the Secretary shall provide” in introductory provisions.
Subsec. (g)(1). Pub. L. 110–398, § 2(b)(6)(A)(i), substituted “(other than subsections (c) and (d))” for “(other than subsection (c))” in introductory provisions.
Subsec. (g)(1)(A). Pub. L. 110–398, § 2(b)(6)(A)(ii), inserted “, excluding grazing land” after “producers on the farm”.
Subsec. (g)(2). Pub. L. 110–398, § 2(b)(6)(B), substituted “planted or” for “grazed, planted, or”.
Subsec. (g)(4). Pub. L. 110–398, § 2(b)(6)(C), (D), substituted “Waivers for certain crop years” for “Waiver for 2008 crop year” in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B).
Subsec. (g)(6). Pub. L. 110–398, § 2(b)(5), added par. (6).
Subsec. (h)(5). Pub. L. 110–398, § 2(b)(7), added par. (5).
Effective Date
Enactment of this subchapter and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Miscellaneous
Pub. L. 110–234, title XV, § 15101(b),
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]