7 U.S.C. § 7333
In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to-
The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the "Agency").
The Secretary shall coordinate with the Administrator of the Risk Management Agency on the type and format of data received under the noninsured crop disaster assistance program that-
The Secretary shall coordinate between the agencies of the Department that provide programs or services to farmers and ranchers that are potentially eligible for the noninsured crop disaster assistance program under this section-
Subject to subparagraph (B), in this section, the term "eligible crop" means each commercial crop or other agricultural commodity that is produced for food or fiber (except livestock) for which catastrophic risk protection under subsection (b) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) and additional coverage under subsections (c) and (h) of such section are not available or, if such coverage is available, it is only available under a policy that provides coverage for specific intervals based on weather indexes or under a whole farm plan of insurance.
The term "eligible crop" shall include floricultural, ornamental nursery, and Christmas tree crops, turfgrass sod, seed crops, aquaculture (including ornamental fish), sea grass and sea oats, camelina, sweet sorghum, biomass sorghum, and industrial crops (including those grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products).
At the option of the Secretary, all types or varieties of a crop or commodity, described in subparagraphs (A) and (B), may be considered to be a single eligible crop under this section.
To qualify for assistance under this section, the losses of the noninsured commodity shall be due to drought, flood, or other natural disaster, as determined by the Secretary.
In this paragraph, the term "native sod" means land-
During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an annual crop during the period beginning on February 8, 2014, and ending on December 20, 2018, shall be subject to a reduction in benefits under this section as described in this subparagraph.
Native sod acreage that has been tilled for the production of an eligible crop after December 20, 2018, shall be subject to a reduction in benefits under this section as described in this subparagraph for not more than any 4 crop years-
The Secretary shall exempt areas of 5 acres or less from clause (i).
For purposes of the reduction in benefits for the acreage described in clause (i)-
This paragraph shall only apply to native sod acreage in the States of Minnesota, Iowa, North Dakota, South Dakota, Montana, and Nebraska.
To be eligible for assistance under this section, a producer shall submit an application for noninsured crop disaster assistance at a local office of the Department. The application shall be in such form, contain such information, and be submitted by an appropriate deadline before the beginning of the coverage period, as determined by the Secretary.
To be eligible for assistance under this section, a producer shall provide annually to the Secretary records of crop acreage, acreage yields, and production for each crop, as required by the Secretary.
A producer shall provide annual reports on acreage planted or prevented from being planted, as required by the Secretary, by the designated acreage reporting date for the crop and location as established by the Secretary.
The Secretary shall establish a streamlined process for the submission of records and acreage reports under paragraphs (2) and (3) for diverse production systems such as those typical of urban production systems, other small-scale production systems, and direct-to-consumer production systems.
To be eligible for assistance under this section, a producer of an eligible crop shall have suffered a loss of a noninsured commodity as the result of a cause described in subsection (a)(3).
On making a determination described in subsection (a)(3), the Secretary shall provide assistance under this section to producers of an eligible crop that have suffered a loss as a result of the cause described in subsection (a)(3).
On making a determination described in subsection (a)(3) for aquaculture producers, the Secretary shall provide assistance under this section to aquaculture producers from all losses related to drought.
Subject to paragraph (1), the Secretary shall make a prevented planting noninsured crop disaster assistance payment if the producer is prevented from planting more than 35 percent of the acreage intended for the eligible crop because of drought, flood, or other natural disaster, as determined by the Secretary.
The Secretary shall provide assistance to individual producers without any requirement of an area loss.
The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment computed by multiplying-
The Secretary shall establish approved yields for purposes of providing noninsured crop disaster assistance under this section.
The Secretary shall determine an approved yield using the actual production history of the producer over a period of not less than the 4 previous consecutive crop years and not more than 10 consecutive crop years.
Subject to paragraph (3), the approved yield for the year in which noninsured crop disaster assistance is sought shall be equal to the average of the actual production history of the producer during the period considered.
If a producer does not submit adequate documentation of production history to determine a crop yield under paragraph (2), the Secretary shall assign to the producer a yield equal to not less than 65 percent of the county expected yield (adjusted to reflect actual production reflected in the records acceptable to the Secretary for continuous years), as specified in regulations issued by the Secretary based on production history requirements.
If sufficient data are available to demonstrate that the acreage of a crop in a county for the crop year has increased by more than 100 percent over any year in the preceding 7 crop years or, if data are not available, if the acreage of the crop in the county has increased significantly from the previous crop years, a producer must provide such detailed documentation of production costs, acres planted, and yield for the crop year for which benefits are being claimed as is required by the Secretary. If the Secretary determines that the documentation provided is not sufficient, the Secretary may require documenting proof that the crop, had the crop been harvested, could have been marketed at a reasonable price.
Except as provided in subparagraph (B), a producer who produces a crop on a farm located in a county described in clause (i) may not obtain an assigned yield.
A crop or a producer shall not be subject to this subsection if-
A producer who receives an assigned yield for the current year of a natural disaster because required production records were not submitted to the local office of the Department shall not be eligible for an assigned yield for the year of the next natural disaster unless the required production records of the previous 1 or more years (as applicable) are provided to the local office.
The Secretary shall ensure that noninsured crop disaster assistance accurately reflects significant yield variations due to different farming practices, such as between irrigated and nonirrigated acreage.
A producer who has received a guaranteed payment for production, as opposed to delivery, of a crop pursuant to a contract shall have the production of the producer adjusted upward by the amount of the production equal to the amount of the contract payment received.
The Secretary may use the funds of the Commodity Credit Corporation to carry out this section.
Noninsured crop disaster assistance under this section shall not cover losses due to-
In this subsection, the terms "legal entity" and "person" have the meanings given those terms in section 1308(a) of this title.
The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) for any crop year may not exceed-
Except as provided in subparagraph (B), if a producer who is eligible to receive benefits under this section is also eligible to receive assistance for the same loss under any other program administered by the Secretary, the producer shall be required to elect whether to receive benefits under this section or under the other program, but not both.
Subparagraph (A) shall not apply to emergency loans under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.).
A person or legal entity that has an average adjusted gross income in excess of the average adjusted gross income limitation applicable under section 1308-3a(b)(1)(A)2 of this title, or a successor provision, shall not be eligible to receive noninsured crop disaster assistance under this section.
The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary-
To be eligible to receive assistance for an eligible crop for a crop year under this section, a producer shall pay to the Secretary (at the time at which the producer submits the application under subsection (b)(1)) a service fee for the eligible crop in an amount that is equal to the lesser of-
The Secretary shall waive the service fee required under paragraph (1) in the case of a limited resource, beginning, or socially disadvantaged farmer, as defined by the Secretary, or a veteran farmer or rancher (as defined in section 2279(a) of this title).
The Secretary shall deposit service fees collected under this subsection in the Commodity Credit Corporation Fund.
The Secretary shall make available noninsured assistance under this subsection (other than for crops and grasses used for grazing) at a payment amount that is equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) and equal to the product obtained by multiplying-
To be eligible to receive a payment under this subsection, a producer shall pay-
The coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged farmers, as determined by the Secretary, and veteran farmers or ranchers (as defined in section 2279(a) of this title) in exchange for a premium that is 50 percent of the premium determined under paragraph (2).
1So in original. Probably should be "subsection".
2See References in Text note below.
7 U.S.C. § 7333
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Crop Insurance Act, referred to in subsec. (a)(1)(C)(i), 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 this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables.The date of enactment of this paragraph, referred to in subsec. (a)(4)(A)(ii), is the date of enactment of Pub. L. 110-246 which was approved June 18, 2008.The Consolidated Farm and Rural Development Act, referred to in subsec. (i)(3)(B), is title III of Pub. L. 87-128, Aug. 8, 1961, 75 Stat. 307. Subtitle C of the Act is classified generally to subchapter III (§1961 et seq.) of chapter 50 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of this title and Tables.Section 1308-3a of this title, referred to in subsec. (i)(4), was amended by Pub. L. 113-79, title I, §1605(a)-(e), Feb. 7, 2014, 128 Stat. 707, 708, and, as so amended, provisions which formerly appeared in subsec. (b)(1)(A) of section 1308-3a were struck out. See subsec. (b)(1) of section 1308-3a of this title.
CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246. Section is comprised of section 196 of Pub. L. 104-127. Subsec. (j) of section 196 of Pub. L. 104-127 repealed section 1519 of this title.
AMENDMENTS2018-Subsec. (a)(1)(C), (D). Pub. L. 115-334, §1601(1)(A), added subpars. (C) and (D).Subsec. (a)(2)(A). Pub. L. 115-334, §1601(1)(B), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "In this section, the term 'eligible crop' means each commercial crop or other agricultural commodity (except livestock)- "(i) for which catastrophic risk protection under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is not available; "(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and "(iii) that is produced for food or fiber."Subsec. (a)(4)(B)(i). Pub. L. 115-334, §1601(1)(C)(i), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: "During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an annual crop after February 7, 2014, shall be subject to a reduction in benefits under this section as described in this subparagraph."Subsec. (a)(4)(B)(iii)(I). Pub. L. 115-334, §1601(1)(C)(ii), substituted "county expected yield" for "transitional yield of the producer".Subsec. (b)(1). Pub. L. 115-334, §1601(2)(A), substituted "by an appropriate deadline" for "not later than 30 days".Subsec. (b)(4). Pub. L. 115-334, §1601(2)(B), added par. (4).Subsec. (d)(1). Pub. L. 115-334, §1601(3)(B), added par. (1). Former par. (1) redesignated (2).Subsec. (d)(2). Pub. L. 115-334, §1601(3)(A), (C), redesignated par. (1) as (2) and substituted "approved yield for the crop, as determined by the Secretary" for "established yield for the crop". Former par. (2) redesignated (3). Subsec. (d)(3), (4). Pub. L. 115-334, §1601(3)(A), redesignated pars. (2) and (3) as (3) and (4), respectively.Subsec. (e)(1). Pub. L. 115-334, §1601(4)(A), substituted "approved yields" for "farm yields". Subsec. (e)(2). Pub. L. 115-334, §1601(4)(B), designated first and second sentences as subpars. (A) and (B), respectively, and inserted headings, substituted "an approved yield" for "yield coverage" in subpar. (A), and inserted "approved" before "yield" in subpar. (B). Subsec. (e)(3). Pub. L. 115-334, §1601(4)(C), substituted "county expected yield" for "transitional yield of the producer". Subsec. (i)(2). Pub. L. 115-334, §1601(5), substituted "exceed-" and subpars. (A) and (B) for "exceed $125,000".Subsec. (k)(1)(A). Pub. L. 115-334, §1601(6)(A), substituted "$325" for "$250".Subsec. (k)(1)(B). Pub. L. 115-334, §1601(6)(B), substituted "$825" for "$750" and "$1,950" for "$1,875". Subsec. (k)(2). Pub. L. 115-334, §12306(f)(1), inserted ",or a veteran farmer or rancher (as defined in section 2279(a) of this title)" before period at end.Subsec. (l)(1). Pub. L. 115-334, §1601(7)(A), added subpar. (A), redesignated former subpars. (A) to (C) as (B) to (D), respectively, and, in subpar. (C), inserted ",contract price, or other premium price (such as a local, organic, or direct market price, as elected by the producer)" after "market price".Subsec. (l)(2)(B)(i)(VI). Pub. L. 115-334, §1601(7)(B), added subcl. (VI).Subsec. (l)(3). Pub. L. 115-334, §12306(f)(2), inserted "veteran," after "beginning," in heading and "and veteran farmers or ranchers (as defined in section 2279(a) of this title)" after "as determined by the Secretary," in text. Pub. L. 115-334, §1601(7)(C), (D), redesignated par. (4) as (3) and struck out former par. (3) which related to additional assistance for certain 2012 annual fruit crop losses.Subsec. (l)(4). Pub. L. 115-334, §1601(7)(D), redesignated par. (4) as (3). Subsec. (l)(5). Pub. L. 115-334, §1601(7)(C), struck out par. (5). Text read as follows: "Except as provided in paragraph (3)(A), additional coverage under this subsection shall be available for each of the 2015 through 2018 crop years."2014-Subsec. (a)(1). Pub. L. 113-79, §12305(a)(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverage equivalent to the catastrophic risk protection otherwise available under section 1508(b) of this title. The Secretary shall carry out this section through the Consolidated Farm Service Agency (in this section referred to as the 'Agency')." Subsec. (a)(2)(A)(ii), (iii). Pub. L. 113-79, §12305(a)(1)(B)(i), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (a)(2)(B). Pub. L. 113-79, §12305(a)(1)(B)(ii), substituted "sweet sorghum, biomass sorghum, and industrial crops (including those grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products)" for "and industrial crops".Subsec. (a)(4). Pub. L. 113-79, §11014(b)(1), substituted "reduction in benefits" for "ineligibility" in heading. Subsec. (a)(4)(A)(ii). Pub. L. 113-79, §11014(b)(2), inserted ",or the producer cannot substantiate that the ground has ever been tilled," after "never been tilled".Subsec. (a)(4)(B). Pub. L. 113-79, §11014(b)(3)(A), substituted "Reduction in" for "Ineligibility for" in heading.Subsec. (a)(4)(B)(i). Pub. L. 113-79, §11014(b)(3)(B), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: "Subject to clause (ii) and subparagraph (C), native sod acreage that has been tilled for the production of an annual crop after the date of enactment of this paragraph shall be ineligible during the first 5 crop years of planting, as determined by the Secretary, for benefits under-"(I) this section; and"(II) the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)."Subsec. (a)(4)(B)(iii). Pub. L. 113-79, §11014(b)(3)(C), added cl. (iii). Subsec. (a)(4)(C). Pub. L. 113-79, §11014(b)(4), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: "Subparagraph (B) may apply to native sod acreage in the Prairie Pothole National Priority Area at the election of the Governor of the respective State."Subsec. (i)(2). Pub. L. 113-79, §12305(a)(2), substituted "$125,000" for "$100,000". Subsec. (k)(2). Pub. L. 113-79, §12305(a)(3), substituted "limited resource, beginning, or socially disadvantaged farmer" for "limited resource farmer".Subsec. (l). Pub. L. 113-79, §12305(a)(4), added subsec. (l). 2008-Subsec. (a)(2)(B). Pub. L. 110-246, §12025(b), inserted "camelina," after "sea oats,".Subsec. (a)(4). Pub. L. 110-246, §12020(b), added par. (4).Subsec. (c)(2). Pub. L. 110-246, §12027, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).Subsec. (i)(1), (2). Pub. L. 110-246, §1603(f)(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which defined "person" and "qualifying gross revenues" and provided that the total amount of payments that a person would be entitled to receive annually could not exceed $100,000.Subsec. (i)(4). Pub. L. 110-246, §1603(f)(1)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "A person who has qualifying gross revenues in excess of the amount specified in section 2266(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) (as in effect on November 28, 1990) during the taxable year (as determined by the Secretary) shall not be eligible to receive any noninsured assistance payment under this section."Subsec. (i)(5). Pub. L. 110-246, §1603(f)(1)(C), designated part of existing provisions as subpar. (A) and added subpar. (B).Subsec. (k)(1). Pub. L. 110-246, §12028, in subpar. (A) substituted "$250" for "$100" and in subpar. (B) substituted "$750" for "$300" and "$1,875" for "$900". 2002-Subsec. (a)(2)(B). Pub. L. 107-171 inserted "sea grass and sea oats," after "fish),". 2000-Subsec. (a)(2)(C). Pub. L. 106-224, §109(a), added subpar. (C).Subsec. (b)(1). Pub. L. 106-224, §109(b), substituted "not later than 30 days before the beginning of the coverage period, as determined by the Secretary" for "at such time as the Secretary may require" in second sentence.Subsec. (b)(2). Pub. L. 106-224, §109(c)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: "A producer shall provide records, as required by the Secretary, of crop acreage, acreage yields, and production." Subsec. (b)(3). Pub. L. 106-224, §109(c)(2), inserted "annual" after "shall provide". Subsec. (c). Pub. L. 106-224, §109(d), added subsec. (c) and struck out heading and text of former subsec. (c), which authorized noninsured crop disaster assistance if average yield fell below 65 percent of expected yield, if producer was prevented from planting more than 35 percent of intended acreage, or if total quantity of harvest was less than 50 percent of expected yield.Subsec. (k). Pub. L. 106-224, §109(e), added subsec. (k).1998-Subsec. (i)(3). Pub. L. 105-277 designated existing provisions as subpar. (A), inserted heading, substituted "Except as provided in subparagraph (B), if a producer" for "If a producer", and added subpar. (B).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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 an Effective Date note under section 8701 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-224 applicable beginning with the 2001 crop of an agricultural commodity, see section 171(b)(2)(G) of Pub. L. 106-224 set out as a note under section 1501 of this title.
CONSIDERATION OF LOSSES IN FISCAL YEAR 2014 AND SUBSEQUENT FISCAL YEARSFor losses under section 1501 of Public Law 113-79 [enacting section 9081 of this title] for the 2014 fiscal year and each fiscal year thereafter as not considered same loss for purposes of subsec. (i)(3) of this section, see section 733 of Pub. L. 113-235 set out as a note under section 1508 of this title.
TRANSITION PROVISIONS Pub. L. 110-234, title I, §1603(f)(2), May 22, 2008, 122 Stat. 1011, and Pub. L. 110-246, §4(a), title I, §1603(f)(2), June 18, 2008, 122 Stat. 1664, 1739, provided that: "Section 196(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(i)), as in effect on September 30, 2007, shall apply with respect to the 2007 and 2008 crops of any eligible crop." [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.] Section as in effect on day before June 20, 2000, to continue to apply with respect to 1999 crop year, and to apply with respect to 2000 crop year, to extent application of an amendment by Pub. L. 106-224 is delayed under section 171(b) or by terms of the amendment, see section 173 of Pub. L. 106-224 set out as a note under section 1501 of this title.
- Department
- The term "Department" means the Department of Agriculture.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- State
- The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
- contract payment
- The term "contract payment" means a payment made under this subchapter1 pursuant to a contract.
- producer
- The term "producer" means an owner, operator, landlord, tenant, or sharecropper who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract.
- contract
- The terms "contract" and "production flexibility contract" mean a production flexibility contract entered into under section 7211 of this title.