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United States Code (Last Updated: May 24, 2014) |
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Title 7. AGRICULTURE |
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Chapter 36. CROP INSURANCE |
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SubChapter II. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE |
§ 1531. 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 subchapter I 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 1508(g)(4)(B) of this title, 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 1508(g)(4)(B) of this title, the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 1508(g)(4)(B) of this title; 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— (A) section 7912 or 7952 of this title; (B) section 1102 or 1301(6) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); or (C) a successor section. (6) Crop of economic significance The term “crop of economic significance” shall have the uniform meaning given the term by the Secretary for purposes of subsections (b)(1)(B) and (g)(6).
(7) Disaster county (A) In general The term “disaster county” means a county included in the geographic area covered by a qualifying natural disaster declaration.
(B) Inclusion The term “disaster county” includes— (i) a county contiguous to a county described in subparagraph (A); and (ii) any farm in which, during a calendar year the actual production on the farm is less than 50 percent of the normal production on the farm. (8) Eligible producer on a farm (A) In general The term “eligible producer on a farm” means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock.
(B) Description An individual or entity referred to in subparagraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) a partnership of citizens of the United States; or (iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law. (9) Farm (A) In general The term “farm” means, in relation to an eligible producer on a farm, the sum of all crop acreage in all counties that is planted or intended to be planted for harvest for sale or on-farm livestock feeding (including native grassland intended for haying) by the eligible producer.
(B) Aquaculture In the case of aquaculture, the term “farm” means, in relation to an eligible producer on a farm, all fish being produced in all counties that are intended to be harvested for sale by the eligible producer.
(C) Honey In the case of honey, the term “farm” means, in relation to an eligible producer on a farm, all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer.
(10) Farm-raised fish The term “farm-raised fish” means any aquatic species that is propagated and reared in a controlled environment.
(11) Insurable commodity The term “insurable commodity” means an agricultural commodity (excluding livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance under subchapter I.
(12) Livestock The term “livestock” includes— (A) cattle (including dairy cattle); (B) bison; (C) poultry; (D) sheep; (E) swine; (F) horses; and (G) other livestock, as determined by the Secretary. (13) Noninsurable commodity The term “noninsurable commodity” means a crop for which the eligible producers on a farm are eligible to obtain assistance under the noninsured crop assistance program.
(14) Noninsured crop assistance program The term “noninsured crop assistance program” means the program carried out under section 7333 of this title.
(15) Normal production on the farm The term “normal production on the farm” means the sum of the expected revenue for all crops on the farm, as determined under subsection (b)(6)(A).
(16) Qualifying natural disaster declaration The term “qualifying natural disaster declaration” means a natural disaster declared by the Secretary for production losses under section 1961(a) of this title.
(17) Secretary The term “Secretary” means the Secretary of Agriculture.
(18) Socially disadvantaged farmer or rancher The term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e) of this title.
(19) State The term “State” means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (20) Trust Fund The term “Trust Fund” means the Agricultural Disaster Relief Trust Fund established under section 2497a of title 19.
(21) United States The term “United States” when used in a geographical sense, means all of the States.
(b) Supplemental revenue assistance payments (1) Payments (A) In general The Secretary shall use such sums as are necessary from the Trust Fund to make crop disaster assistance payments to eligible producers on farms in disaster counties that have incurred crop production losses or crop quality losses, or both, during the crop year.
(B) Crop loss To be eligible for crop loss assistance under this subsection, the actual production on the farm for at least 1 crop of economic significance shall be reduced by at least 10 percent due to disaster, adverse weather, or disaster-related conditions.
(2) Amount (A) In general Subject to subparagraph (B), the Secretary shall provide crop disaster assistance payments under this section to an eligible producer on a farm in an amount equal to 60 percent of the difference between— (i) the disaster assistance program guarantee, as described in paragraph (3); and (ii) the total farm revenue for a farm, as described in paragraph (4). (B) Limitation The disaster assistance program guarantee for a crop used to calculate the payments for a farm under subparagraph (A)(i) may not be greater than 90 percent of the sum of the expected revenue, as described in paragraph (5) for each of the crops on a farm, as determined by the Secretary.
(C) Exclusion of subsequently planted crops In calculating the disaster assistance program guarantee under paragraph (3) and the total farm revenue under paragraph (4), the Secretary shall not consider the value of any crop that— (i) is produced on land that is not eligible for a policy or plan of insurance under subchapter I or assistance under the noninsured crop assistance program; or (ii) is subsequently planted on the same land during the same crop year as the crop for which disaster assistance is provided under this subsection, except in areas in which double-cropping is a normal practice, as determined by the Secretary. (3) Supplemental revenue assistance program guarantee (A) In general Except as otherwise provided in this paragraph, the supplemental assistance program guarantee shall be the sum obtained by adding— (i) for each insurable commodity on the farm, 115 percent of the product obtained by multiplying— (I) a payment rate for the commodity that is equal to the price election for the commodity elected by the eligible producer; (II) the payment acres for the commodity that is equal to the number of acres planted, or prevented from being planted, to the commodity; (III) the payment yield for the commodity that is equal to the percentage of the crop insurance yield elected by the producer of the higher of— (aa) the adjusted actual production history yield; or (bb) the counter-cyclical program payment yield for each crop; and (ii) for each noninsurable commodity on a farm, 120 percent of the product obtained by multiplying— (I) a payment rate for the commodity that is equal to 100 percent of the noninsured crop assistance program established price for the commodity; (II) the payment acres for the commodity that is equal to the number of acres planted, or prevented from being planted, to the commodity; and (III) the payment yield for the commodity that is equal to 50 percent of the higher of— (aa) the adjusted noninsured crop assistance program yield; or (bb) the counter-cyclical program payment yield for each crop. (B) Adjustment insurance guarantee Notwithstanding subparagraph (A), in the case of an insurable commodity for which a plan of insurance provides for an adjustment in the guarantee, such as in the case of prevented planting, the adjusted insurance guarantee shall be the basis for determining the disaster assistance program guarantee for the insurable commodity.
(C) Adjusted assistance level Notwithstanding subparagraph (A), in the case of a noninsurable commodity for which the noninsured crop assistance program provides for an adjustment in the level of assistance, such as in the case of unharvested crops, the adjusted assistance level shall be the basis for determining the disaster assistance program guarantee for the noninsurable commodity.
(D) Equitable treatment for non-yield based policies The Secretary shall establish equitable treatment for non-yield based policies and plans of insurance, such as the Adjusted Gross Revenue Lite insurance program.
(4) Farm revenue (A) In general For purposes of this subsection, the total farm revenue for a farm, as determined by the Secretary. (j) No duplicative payments In implementing any other program which makes disaster assistance payments (except for indemnities made under subchapter I and section 7333 of this title), 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).
(k) Application (1) In general Subject to paragraph (2) and notwithstanding any provision of subchapter I, subchapter I shall not apply to this subchapter.
(2) Cross references Paragraph (1) shall not apply to a specific reference in this subchapter to a provision of subchapter I.
References In Text
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 subsec. (b)(4)(A)(iv), is Pub. L. 110–246,
The date of enactment of this subchapter, referred to in subsecs. (d)(5)(C), (D)(ii) and (g)(4)(A), (5)(B), is the date of enactment of Pub. L. 110–246, which was approved
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.
Section 2(a) of Pub. L. 110–398, which directed amendment of section 531 of the Federal Crop Insurance Act, was executed to this section, which is section 531 of subtitle B of title V of act Feb. 16, 1938, ch. 30, to reflect the probable intent of Congress. The Federal Crop Insurance Act is subtitle A of title V of act of Feb. 16, 1938, ch. 30.
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.).”
2013—Subsec. (a)(5). Pub. L. 112–240, § 702(a)(1), struck out “under” first time appearing after “established” in introductory provisions, redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively, and realigned margins.
Subsec. (c)(1). Pub. L. 112–240, § 702(a)(2)(A), struck out “use such sums as are necessary from the Trust Fund to” after “Secretary shall”.
Subsec. (c)(3). Pub. L. 112–240, § 702(a)(2)(B), added par. (3).
Subsec. (d)(2). Pub. L. 112–240, § 702(a)(3)(A), struck out “use such sums as are necessary from the Trust Fund to” after “Secretary shall” in introductory provisions.
Subsec. (d)(7). Pub. L. 112–240, § 702(a)(3)(B), added par. (7).
Subsec. (e)(1). Pub. L. 112–240, § 701(a)(4)(A), struck out “use up to $50,000,000 per year from the Trust Fund to” after “Secretary shall”.
Subsec. (e)(4). Pub. L. 112–240, § 702(a)(4)(B), added par. (4).
Subsec. (f)(2)(A). Pub. L. 112–240, § 702(a)(5)(A), struck out “use such sums as are necessary from the Trust Fund to” after “Secretary shall” in introductory provisions.
Subsec. (f)(5). Pub. L. 112–240, § 702(a)(5)(B), added par. (5).
Subsec. (i). Pub. L. 112–240, § 702(a)(6), inserted “or, in the case of subsections (c) through (f),
2009—Subsec. (g)(7). Pub. L. 111–5, which directed amendment of section 531(g) of the Federal Crop Insurance Act by adding par. (7), was executed to this section, which is section 531 of subtitle B of title V of act of Feb. 16, 1938, ch. 30, to reflect the probable intent of Congress. The Federal Crop Insurance Act is subtitle A of title V of act of Feb. 16, 1938, ch. 30.
Subsec. (g)(7)(F). Pub. L. 111–80, § 745(a)(1), which directed amendment of section 531(g)(7)(F) of the Federal Crop Insurance Act by inserting “(including multiyear assistance)” after “assistance”, was executed to introductory provisions of subsec. (g)(7)(F) of this section, which is section 531 of subtitle B of title V of act of Feb. 16, 1938, ch. 30, to reflect the probable intent of Congress. The Federal Crop Insurance Act is subtitle A of title V of act of Feb. 16, 1938, ch. 30.
Subsec. (g)(7)(F)(i). Pub. L. 111–80, § 745(a)(2), which directed amendment of cl. (i) of section 531(g)(7)(F) of the Federal Crop Insurance Act by inserting “or multiyear production losses” after “a production loss”, was executed to subsec. (g)(7)(F)(i) of this section, which is section 531 of subtitle B of title V of act of Feb. 16, 1938, ch. 30, to reflect the probable intent of Congress. The Federal Crop Insurance Act is subtitle A of title V of act of Feb. 16, 1938, ch. 30.
2008—Subsec. (a)(2). Pub. L. 110–398, § 2(a)(1)(F), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 110–398, § 2(a)(1)(E), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (a)(3)(B). Pub. L. 110–398, § 2(a)(1)(A), inserted “has” after “on a farm that”.
Subsec. (a)(4). Pub. L. 110–398, § 2(a)(1)(E), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Pub. L. 110–398, § 2(a)(1)(B), substituted “under—” for “section 7912 of this title, 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(a)(1)(E), redesignated par. (4) as (5). Former par. (5) redesignated (7).
Subsec. (a)(5)(B)(ii). Pub. L. 110–398, § 2(a)(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(a)(1)(G), added par. (6). Former par. (6) redesignated (8).
Subsec. (a)(7). Pub. L. 110–398, § 2(a)(1)(E), redesignated par. (5) as (7). Former par. (7) redesignated (9).
Subsec. (a)(7)(A). Pub. L. 110–398, § 2(a)(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(a)(1)(D)(ii), inserted “for sale” after “crop”.
Subsec. (a)(8) to (14). Pub. L. 110–398, § 2(a)(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(a)(1)(H), added par. (15). Former par. (15) redesignated (18).
Subsec. (a)(16) to (21). Pub. L. 110–398, § 2(a)(1)(E), redesignated pars. (13) to (18) as (16) to (21), respectively.
Subsec. (b)(1). Pub. L. 110–398, § 2(a)(2)(A), substituted “Payments” for “In general” in par. heading, designated existing provisions as subpar. (A) and inserted subpar. heading, and added subpar. (B).
Subsec. (b)(2)(C). Pub. L. 110–398, § 2(a)(2)(B), added subpar. (C).
Subsec. (b)(3)(A)(ii)(III). Pub. L. 110–398, § 2(a)(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(a)(2)(C)(ii), struck out “guarantee” after “yield”.
Subsec. (b)(4)(A)(i). Pub. L. 110–398, § 2(a)(2)(D)(i), added subcl. (I), redesignated subcl. (III) as (II), and struck out former subcls. (I) and (II) which read as follows:
“(I) the actual crop acreage harvested by an eligible producer on a farm;
“(II) the estimated actual yield of the crop production; and”.
Subsec. (b)(4)(B)(iii). Pub. L. 110–398, § 2(a)(2)(D)(ii), (iii), added cl. (iii).
Subsec. (b)(5). Pub. L. 110–398, § 2(a)(2)(E)(i), struck out “the sum obtained by adding” after “equal” in introductory provisions.
Subsec. (b)(5)(A). Pub. L. 110–398, § 2(a)(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(a)(2)(E)(ii)(II), substituted “greater” for “greatest”.
Subsec. (b)(5)(A)(iii). Pub. L. 110–398, § 2(a)(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(a)(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(a)(2)(E)(iii)(II)–(IV), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (b)(6). Pub. L. 110–398, § 2(a)(2)(F), added par. (6).
Subsec. (d)(5)(B)(ii). Pub. L. 110–398, § 2(a)(3), substituted “subsection” for “section”.
Subsec. (f)(2)(A). Pub. L. 110–398, § 2(a)(4), substituted “the Secretary shall use such sums as are necessary from the Trust Fund to provide” for “the Secretary shall provide”.
Subsec. (g)(1). Pub. L. 110–398, § 2(a)(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(a)(6)(A)(ii), inserted “, excluding grazing land” after “producers on the farm”.
Subsec. (g)(2). Pub. L. 110–398, § 2(a)(6)(B), substituted “each crop planted” for “each crop grazed, planted,”.
Subsec. (g)(4). Pub. L. 110–398, § 2(a)(6)(C), (D), substituted “Waivers for certain crop years” for “Waiver for 2008 crop year” in par. heading, designated existing provisions as subpar. (A) and inserted subpar. heading, and added subpar. (B).
Subsec. (g)(6). Pub. L. 110–398, § 2(a)(5), added par. (6).
Subsec. (h)(5). Pub. L. 110–398, § 2(a)(7), added par. (5).
Effective Date Of Amendment
Pub. L. 112–240, title VII, § 702(b),
Effective Date
Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Miscellaneous
Pub. L. 110–329, div. B, title I, § 10102,
Pub. L. 110–234, title XII, § 12033(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 this title.]