§ 7333. Administration and operation of noninsured crop assistance program

Footnotes

1. 1 So in original. Probably should be “subsection”.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Agricultural Market Transition Act

   Pub. L. 104–127 title I § 196 · 110 Stat. 888

   Enacted · 7 U.S.C. § 7333

   Pub. L. 104–127, title I, § 196, Apr. 4, 1996, 110 Stat. 947

   Source evidence

   Code source credit
   Pub. L. 104–127, title I, § 196, Apr. 4, 1996, 110 Stat. 947

   Enacted provision · exact public law section
   SEC. 196. ADMINISTRATION AND OPERATION OF NONINSURED CROP ASSISTANCE PROGRAM. (a) Operation and Administration of Program.— (1) In general.— 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 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)). The Secretary shall carry out this section through the Consolidated Farm Service Agency (in this section referred to as the “Agency”). (2) Eligible crops.— (A) In general.— 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; and (ii) that is produced for food or fiber. (B) Crops specifically included.— The term “eligible crop” shall include floricultural, ornamental nursery, and Christmas tree crops, turfgrass sod, seed crops, aquaculture (including ornamental fish), and industrial crops. (3) Cause of loss.— 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. (b) Application for Noninsured Crop Disaster Assistance.— (1) Timely application.— 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 at such time as the Secretary may require. (2) Records.— A producer shall provide records, as required by the Secretary, of crop acreage, acreage yields, and production. (3) Acreage reports.— A producer shall provide 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. (c) Loss Requirements.— (1) Required area loss.— A producer of an eligible crop shall not receive noninsured crop disaster assistance unless the average yield for that crop, or an equivalent measure in the event yield data are not available, in an area falls below 65 percent of the expected area yield, as established by the Secretary. (2) Prevented planting.— 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. (3) Reduced yields.— Subject to paragraph (1), the Secretary shall make a reduced yield noninsured crop disaster assistance payment to a producer if the total quantity of the eligible crop that the producer is able to harvest on any farm is, because of drought, flood, or other natural disaster as determined by the Secretary, less than 50 percent of the expected individual yield for the crop, as determined by the Secretary, factored for the interest of the producer for the crop. (d) Payment.— The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment computed by multiplying— (1) the quantity that is less than 50 percent of the established yield for the crop; by (2) (A) in the case of each of the 1996 through 1998 crop years, 60 percent of the average market price for the crop (or any comparable coverage determined by the Secretary); or (B) in the case of each of the 1999 and subsequent crop years, 55 percent of the average market price for the crop (or any comparable coverage determined by the Secretary); by (3) a payment rate for the type of crop (as determined by the Secretary) that— (A) in the case of a crop that is produced with a significant and variable harvesting expense, reflects the decreasing cost incurred in the production cycle for the crop that is— (i) harvested; (ii) planted but not harvested; and (iii) prevented from being planted because of drought, flood, or other natural disaster (as determined by the Secretary); and (B) in the case of a crop that is not produced with a significant and variable harvesting expense, as determined by the Secretary. (e) Yield Determinations.— (1) Establishment.— The Secretary shall establish farm yields for purposes of providing noninsured crop disaster assistance under this section. (2) Actual production history.— The Secretary shall determine yield coverage 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 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. (3) Assignment of yield.— 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 transitional yield of the producer (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. (4) Prohibition on assigned yields in certain counties.— (A) In general.— (i) Documentation.— 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. (ii) Prohibition.— 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. (B) Exception.— A crop or a producer shall not be subject to this subsection if— (i) the planted acreage of the producer for the crop has been inspected by a third party acceptable to the Secretary; or (ii) (I) the County Executive Director and the State Executive Director recommend an exemption from the requirement to the Administrator of the Agency; and (II) the Administrator approves the recommendation. (5) Limitation on receipt of subsequent assigned yield.— 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. (6) Yield variations due to different farming practices.— 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. (f) Contract Payments.— 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. (g) Use of Commodity Credit Corporation.— The Secretary may use the funds of the Commodity Credit Corporation to carry out this section. (h) Exclusions.— Noninsured crop disaster assistance under this section shall not cover losses due to— (1) the neglect or malfeasance of the producer; (2) the failure of the producer to reseed to the same crop in those areas and under such circumstances where it is customary to reseed; or (3) the failure of the producer to follow good farming practices, as determined by the Secretary. (i) Payment and Income Limitations.— (1) Definitions.— In this subsection: (A) Person.— The term “person” has the meaning provided the term in regulations issued by the Secretary. The regulations shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). (B) Qualifying gross revenues.— The term “qualifying gross revenues” means— (i) if a majority of the gross revenue of the person is received from farming, ranching, and forestry operations, the gross revenue from the farming, ranching, and forestry operations of the person; and (ii) if less than a majority of the gross revenue of the person is received from farming, ranching, and forestry operations, the gross revenue of the person from all sources. (2) Payment limitation.— The total amount of payments that a person shall be entitled to receive annually under this section may not exceed $100,000. (3) Limitation on multiple benefits for same loss.— 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. (4) Income limitation.— 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. (5) Regulations.— The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and equitable application of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308), the general payment limitation regulations of the Secretary, and the limitations established under this subsection. (j) Conforming Repeal.— Section 519 of the Federal Crop Insurance Act (7 U.S.C. 1519) is repealed.

2. 2000

   Pub. L. 105–277 div. A § 101(a)(tVIII)(s803)(b) · 112 Stat. 2681

   1. Amended · 7 U.S.C. § 7333(k)

      Pub. L. 105–277 designated existing provisions as subpar. (A)

   2. Inserted · 7 U.S.C. § 7333(k)

      Pub. L. 105–277 inserted heading

   3. Substituted · 7 U.S.C. § 7333(k)

      Pub. L. 105–277 substituted “Except as provided in subparagraph (B), if a producer” for “If a producer”

   4. Added · 7 U.S.C. § 7333(k)

      Pub. L. 105–277 added subpar. (B)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

3. 2000

   Agricultural Risk Protection Act of 2000

   Pub. L. 106–224 § 109(a) · 114 Stat. 358

   Added · 7 U.S.C. § 7333(a)(2)(C)

   Pub. L. 106–224, § 109(a), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(C). Pub. L. 106–224, § 109(a), added subpar. (C).

   Enacted provision · exact public law section
   (a) Operation and Administration of Program.— Section 196(a)(2) of the Agricultural Market Transition Act (7 U.S.C. 7333(a)(2)) is amended by adding at the end the following: “(C) Combination of similar types or varieties.— 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.”.

4. 2000

   Agricultural Risk Protection Act of 2000

   Pub. L. 106–224 § 109(b) · 114 Stat. 358

   Substituted · 7 U.S.C. § 7333(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Timely Application.— Section 196(b)(1) of the Agricultural Market Transition Act (7 U.S.C. 7333(b)(1)) is amended in the second sentence by striking “at such time as the Secretary may require” and inserting “not later than 30 days before the beginning of the coverage period, as determined by the Secretary”.

5. 2000

   Agricultural Risk Protection Act of 2000

   Pub. L. 106–224 § 109(c)(1) · 114 Stat. 358

   1. Added · 7 U.S.C. § 7333(b)(2)

      Pub. L. 106–224, § 109(c)(1), added par. (2)

   2. Struck · 7 U.S.C. § 7333(b)(2)

      Pub. L. 106–224, § 109(c)(1), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) by striking paragraph (2) and inserting the following: “(2) Records.— 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.”; and

6. 2000

   Agricultural Risk Protection Act of 2000

   Pub. L. 106–224 § 109(c)(2) · 114 Stat. 358

   Inserted · 7 U.S.C. § 7333(b)(3)

   Pub. L. 106–224, § 109(c)(2), inserted “annual” after “shall provide”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 106–224, § 109(c)(2), inserted “annual” after “shall provide”.

   Enacted provision · exact public law section
   (2) in paragraph (3), by inserting “annual” after “shall provide”.

7. 2000

   Agricultural Risk Protection Act of 2000

   Pub. L. 106–224 § 109(d) · 114 Stat. 358

   1. Added · 7 U.S.C. § 7333(c)

      Pub. L. 106–224, § 109(d), added subsec. (c)

   2. Struck · 7 U.S.C. § 7333(c)

      Pub. L. 106–224, § 109(d), 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (d) Loss Requirements.— Section 196 of the Agricultural Market Transition Act (7 U.S.C. 7333) is amended by striking subsection (c) and inserting the following: “(c) Loss Requirements.— “(1) Cause.— 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). “(2) Assistance.— 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). “(3) Prevented planting.— 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. “(4) Area trigger.— The Secretary shall provide assistance to individual producers without any requirement of an area loss.”.

8. 2000

   Agricultural Risk Protection Act of 2000

   Pub. L. 106–224 § 109(e) · 114 Stat. 358

   Added · 7 U.S.C. § 7333(k)

   Pub. L. 106–224, § 109(e), added subsec. (k)

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 106–224, § 109(e), added subsec. (k).

   Enacted provision · exact public law section
   (e) Service Fee.— Section 196 of the Agricultural Market Transition Act (7 U.S.C. 7333) is amended by adding at the end the following: “(k) Service Fee.— “(1) In general.— 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— “(A) $100 per crop per county; or “(B) $300 per producer per county, but not to exceed a total of $900 per producer. “(2) Waiver.— The Secretary shall waive the service fee required under paragraph (1) in the case of a limited resource farmer, as defined by the Secretary. “(3) Use.— The Secretary shall deposit service fees collected under this subsection in the Commodity Credit Corporation Fund.”.

9. 2002

   Pub. L. 107–171 title X § 10101 · 116 Stat. 134

   Inserted · 7 U.S.C. § 7333(a)(2)(B)

   Pub. L. 107–171 inserted “sea grass and sea oats,” after “fish),”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 107–171 inserted “sea grass and sea oats,” after “fish),”.

   Enacted provision · exact public law section
   SEC. 10101. REFERENCE TO SEA GRASS AND SEA OATS AS CROPS COVERED BY NONINSURED CROP DISASTER ASSISTANCE PROGRAM. Section 196(a)(2)(B) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(2)(B)) is amended by inserting “sea grass and sea oats,” after “fish),”.

10. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 12025(b) · 122 Stat. 1651

    Inserted · 7 U.S.C. § 7333(a)(2)(B)

    Pub. L. 110–246, § 12025(b), inserted “camelina,” after “sea oats,”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 110–246, § 12025(b), inserted “camelina,” after “sea oats,”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 196(a)(2)(B) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(2)(B)) is amended by adding “camelina,” after “sea oats,”.

    Effective date note
    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.

11. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 12020(b) · 122 Stat. 1651

    Added · 7 U.S.C. § 7333(a)(4)

    Pub. L. 110–246, § 12020(b), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 110–246, § 12020(b), added par. (4).

    Enacted provision · exact public law section
    (b) Noninsured Crop Disaster Assistance.— Section 196(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)) is amended by adding at the end the following: “(4) Program ineligibility relating to crop production on native sod.— “(A) Definition of native sod.— In this paragraph, the term ‘native sod’ means land— “(i) on which the plant cover is composed principally of native grasses, grasslike plants, forbs, or shrubs suitable for grazing and browsing; and “(ii) that has never been tilled for the production of an annual crop as of the date of enactment of this paragraph. “(B) Ineligibility for benefits.— “(i) In general.— 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.). “(ii) De minimis acreage exemption.— The Secretary shall exempt areas of 5 acres or less from clause (i). “(C) Application.— 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.” .

    Effective date note
    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.

12. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 12027 · 122 Stat. 1651

    1. Amended · 7 U.S.C. § 7333(c)(2)

       Pub. L. 110–246, § 12027, designated existing provisions as subpar. (A)

    2. Inserted · 7 U.S.C. § 7333(c)(2)

       Pub. L. 110–246, § 12027, inserted heading

    3. Added · 7 U.S.C. § 7333(c)(2)

       Pub. L. 110–246, § 12027, added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 110–246, § 12027, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 12027. COVERAGE FOR AQUACULTURE UNDER NONINSURED CROP ASSISTANCE PROGRAM.   Section 196(c)(2) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(c)(2)) is amended— (1) by striking “On making” and inserting the following: “(A) In general.— On making” ; and (2) by adding at the end the following: “(B) Aquaculture producers.— 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.” .

    Effective date note
    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.

13. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 1603(f)(1)(A) · 122 Stat. 1651

    1. Added · 7 U.S.C. § 7333(i)(1); 7 U.S.C. § 7333(i)(2)

       Pub. L. 110–246, § 1603(f)(1)(A), added pars. (1) and (2)

    2. Struck · 7 U.S.C. § 7333(i)(1); 7 U.S.C. § 7333(i)(2)

       Pub. L. 110–246, § 1603(f)(1)(A), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (A) by striking paragraphs (1) and (2) and inserting the following: “(1) Definitions.— In this subsection, the terms ‘legal entity’ and ‘person’ have the meanings given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)). “(2) Payment limitation.— 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 $100,000.” ;

    Effective date note
    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.

14. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 1603(f)(1)(B) · 122 Stat. 1651

    1. Added · 7 U.S.C. § 7333(i)(4)

       Pub. L. 110–246, § 1603(f)(1)(B), added par. (4)

    2. Struck · 7 U.S.C. § 7333(i)(4)

       Pub. L. 110–246, § 1603(f)(1)(B), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (B) by striking paragraph (4) and inserting the following: “(4) Adjusted gross income limitation.— A person or legal entity that has an average adjusted gross income in excess of the average adjusted gross income limitation applicable under section 1001D(b)(1)(A) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(1)(A)), or a successor provision, shall not be eligible to receive noninsured crop disaster assistance under this section.” ; and

    Effective date note
    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.

15. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 1603(f)(1)(C) · 122 Stat. 1651

    1. Amended · 7 U.S.C. § 7333(i)(5)

       Pub. L. 110–246, § 1603(f)(1)(C), designated part of existing provisions as subpar. (A)

    2. Added · 7 U.S.C. § 7333(i)(5)

       Pub. L. 110–246, § 1603(f)(1)(C), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (i)(5). Pub. L. 110–246, § 1603(f)(1)(C), designated part of existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    (C) in paragraph (5)— (i) by striking “necessary to ensure” and inserting “necessary— “(A) to ensure” ; and (ii) by striking “this subsection.” and inserting the following: “this subsection; and “(B) to ensure that payments under this section are attributed to a person or legal entity (excluding a joint venture or general partnership) in accordance with the terms and conditions of sections 1001 through 1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et seq.), as determined by the Secretary.” .

    Effective date note
    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.

16. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 12028 · 122 Stat. 1651

    1. Substituted · 7 U.S.C. § 7333(k)(1)

       Pub. L. 110–246, § 12028, in subpar. (A) substituted “$250” for “$100”

    2. Substituted · 7 U.S.C. § 7333(k)(1)

       Pub. L. 110–246, § 12028, in subpar. (A) substituted “$750” for “$300”

    3. Substituted · 7 U.S.C. § 7333(k)(1)

       Pub. L. 110–246, § 12028, in subpar. (A) substituted “$1,875” for “$900”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 12028. INCREASE IN SERVICE FEES FOR NONINSURED CROP ASSISTANCE PROGRAM.   Section 196(k)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(k)(1)) is amended— (1) in subparagraph (A), by striking “$100” and inserting “$250”; and (2) in subparagraph (B)— (A) by striking “$300” and inserting “$750”; and (B) by striking “$900” and inserting “$1,875”.

    Effective date note
    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.

17. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 12305(a)(1)(A) · 128 Stat. 649

    1. Added · 7 U.S.C. § 7333(a)(1)

       Pub. L. 113–79, § 12305(a)(1)(A), added par. (1)

    2. Struck · 7 U.S.C. § 7333(a)(1)

       Pub. L. 113–79, § 12305(a)(1)(A), 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’).”

    Source evidence

    Code amendment note
    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’).”

    Enacted provision · exact public law section
    (A) by striking paragraph (1) and inserting the following: “(1) In general.— “(A) Coverages.— 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— “(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or “(ii) except in the case of crops and grasses used for grazing, additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent, as described in subsection (l). “(B) Administration.— The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the ‘Agency’).” ; and

18. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 12305(a)(1)(B)(i) · 128 Stat. 649

    1. Added · 7 U.S.C. § 7333(a)(2)(A)(ii); 7 U.S.C. § 7333(a)(2)(A)(iii)

       Pub. L. 113–79, § 12305(a)(1)(B)(i), added cl. (ii)

    2. Redesignated · 7 U.S.C. § 7333(a)(2)(A)(ii); 7 U.S.C. § 7333(a)(2)(A)(iii)

       Pub. L. 113–79, § 12305(a)(1)(B)(i), redesignated former cl. (ii) as (iii)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (i) in subparagraph (A)— (I) in clause (i), by striking “and” after the semicolon at the end; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: “(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” ; and

19. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 12305(a)(1)(B)(ii) · 128 Stat. 649

    Substituted · 7 U.S.C. § 7333(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “and industrial crops” and inserting “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)”;

20. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 11014(b)(1) · 128 Stat. 649

    Substituted · 7 U.S.C. § 7333(a)(4)

    Pub. L. 113–79, § 11014(b)(1), substituted “reduction in benefits” for “ineligibility” in heading

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 113–79, § 11014(b)(1), substituted “reduction in benefits” for “ineligibility” in heading.

    Enacted provision · exact public law section
    (1) in the paragraph heading, by striking “ineligibility” and inserting “reduction in benefits”;

21. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 11014(b)(2) · 128 Stat. 649

    Inserted · 7 U.S.C. § 7333(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in subparagraph (A)(ii), by inserting “, or the producer cannot substantiate that the ground has ever been tilled,” after “tilled”;

22. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 11014(b)(3)(A) · 128 Stat. 649

    Substituted · 7 U.S.C. § 7333(a)(4)(B)

    Pub. L. 113–79, § 11014(b)(3)(A), substituted “Reduction in” for “Ineligibility for” in heading

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B). Pub. L. 113–79, § 11014(b)(3)(A), substituted “Reduction in” for “Ineligibility for” in heading.

    Enacted provision · exact public law section
    (A) in the subparagraph heading, by striking “Ineligibility for” and inserting “Reduction in”;

23. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 11014(b)(3)(B) · 128 Stat. 649

    1. Added · 7 U.S.C. § 7333(a)(4)(B)(i)

       Pub. L. 113–79, § 11014(b)(3)(B), added cl. (i)

    2. Struck · 7 U.S.C. § 7333(a)(4)(B)(i)

       Pub. L. 113–79, § 11014(b)(3)(B), 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—

    Source evidence

    Code amendment note
    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.).”

    Enacted provision · exact public law section
    (B) by striking clause (i) and inserting the following: “(i) In general.— 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 the date of enactment of the Agricultural Act of 2014 shall be subject to a reduction in benefits under this section as described in this subparagraph.” ; and

24. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 11014(b)(3)(C) · 128 Stat. 649

    Added · 7 U.S.C. § 7333(a)(4)(B)(iii)

    Pub. L. 113–79, § 11014(b)(3)(C), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B)(iii). Pub. L. 113–79, § 11014(b)(3)(C), added cl. (iii).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(iii) Reduction.— For purposes of the reduction in benefits for the acreage described in clause (i)— “(I) the approved yield shall be determined by using a yield equal to 65 percent of the transitional yield of the producer; and “(II) the service fees or premiums for crops planted on native sod shall be equal to 200 percent of the amount determined in subsections (l)(2) or (k), as applicable, but in no case shall exceed the amount determined in subsection (l)(2)(B)(ii).” ; and

25. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 11014(b)(4) · 128 Stat. 649

    1. Added · 7 U.S.C. § 7333(a)(4)(C)

       Pub. L. 113–79, § 11014(b)(4), added subpar. (C)

    2. Struck · 7 U.S.C. § 7333(a)(4)(C)

       Pub. L. 113–79, § 11014(b)(4), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (4) by striking subparagraph (C) and inserting the following: “(C) Application.— This paragraph shall only apply to native sod acreage in the States of Minnesota, Iowa, North Dakota, South Dakota, Montana, and Nebraska.” .

26. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 12305(a)(2) · 128 Stat. 649

    Substituted · 7 U.S.C. § 7333(i)(2)

    Pub. L. 113–79, § 12305(a)(2), substituted “$125,000” for “$100,000”

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 113–79, § 12305(a)(2), substituted “$125,000” for “$100,000”.

    Enacted provision · exact public law section
    (2) in subsection (i)(2), by striking “$100,000” and inserting “$125,000”;

27. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 12305(a)(3) · 128 Stat. 649

    Substituted · 7 U.S.C. § 7333(k)(2)

    Pub. L. 113–79, § 12305(a)(3), substituted “limited resource, beginning, or socially disadvantaged farmer” for “limited resource farmer”

    Source evidence

    Code amendment note
    Subsec. (k)(2). Pub. L. 113–79, § 12305(a)(3), substituted “limited resource, beginning, or socially disadvantaged farmer” for “limited resource farmer”.

    Enacted provision · exact public law section
    (3) in subsection (k)(2), by striking “limited resource farmer” and inserting “limited resource, beginning, or socially disadvantaged farmer”; and

28. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 12305(a)(4) · 128 Stat. 649

    Added · 7 U.S.C. § 7333(l)

    Pub. L. 113–79, § 12305(a)(4), added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 113–79, § 12305(a)(4), added subsec. (l).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(l) Payment Equivalent to Additional Coverage.— “(1) In general.— 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— “(A) the amount that— “(i) the additional coverage yield, which shall be equal to the product obtained by multiplying— “(I) an amount not less than 50 percent nor more than 65 percent, as elected by the producer and specified in 5-percent increments; and “(II) the approved yield for the crop, as determined by the Secretary; exceeds “(ii) the actual yield; “(B) 100 percent of the average market price for the crop, as determined by the Secretary; and “(C) a payment rate for the type of crop, as determined by the Secretary, that reflects— “(i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable— “(I) harvested; “(II) planted but not harvested; or “(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or “(ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary. “(2) Service fee and premium.— To be eligible to receive a payment under this subsection, a producer shall pay— “(A) the service fee required by subsection (k); and “(B) the lesser of— “(i) the sum of the premiums for each eligible crop, with the premium for each eligible crop obtained by multiplying— “(I) the number of acres devoted to the eligible crop; “(II) the yield, as determined by the Secretary under subsection (e); “(III) the coverage level elected by the producer; “(IV) the average market price, as determined by the Secretary; and “(V) a 5.25-percent premium fee; or “(ii) the product obtained by multiplying— “(I) a 5.25-percent premium fee; and “(II) the applicable payment limit. “(3) Additional availability.— “(A) In general.— As soon as practicable after October 1, 2013, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses— “(i) to a 2012 annual fruit crop grown on a bush or tree; and “(ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost. “(B) Assistance.— The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2). “(4) Limited resource, beginning, and socially disadvantaged farmers.— The coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged farmers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined under paragraph (2). “(5) Effective date.— Except as provided in paragraph (3)(A), additional coverage under this subsection shall be available for each of the 2015 through 2018 crop years.” .

29. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(1)(A) · 132 Stat. 4490

    Added · 7 U.S.C. § 7333(a)(1)(C); 7 U.S.C. § 7333(a)(1)(D)

    Pub. L. 115–334, § 1601(1)(A), added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C), (D). Pub. L. 115–334, § 1601(1)(A), added subpars. (C) and (D).

    Enacted provision · exact public law section
    (A) in paragraph (1), by adding at the end the following: “(C) Data collection and sharing.— 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— “(i) best facilitates the use of that data in developing policies or plans of insurance offered under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and “(ii) ensures the availability of that data on a regular basis. “(D) Coordination.— 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— “(i) to make available coverage under— “(I) the fee waiver under subsection (k)(2); or “(II) the premium discount under subsection (l)(3); and “(ii) to share eligibility information to reduce paperwork and avoid duplication.” ;

30. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(1)(B) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 7333(a)(2)(A)

       Pub. L. 115–334, § 1601(1)(B), added subpar. (A)

    2. Struck · 7 U.S.C. § 7333(a)(2)(A)

       Pub. L. 115–334, § 1601(1)(B), 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)—

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking subparagraph (A) and inserting the following: “(A) In general.— 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.” ; and

31. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(1)(C)(i) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 7333(a)(4)(B)(i)

       Pub. L. 115–334, § 1601(1)(C)(i), added cl. (i)

    2. Struck · 7 U.S.C. § 7333(a)(4)(B)(i)

       Pub. L. 115–334, § 1601(1)(C)(i), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (i) by striking clause (i) and inserting the following: “(i) In general.— “(I) Agricultural act of 2014.— 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 the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to a reduction in benefits under this section as described in this subparagraph. “(II) Subsequent years.— Native sod acreage that has been tilled for the production of an eligible crop after the date of enactment of the Agriculture Improvement Act of 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— “(aa) during the first 10 crop years after the initial tillage; and “(bb) during which a crop on that acreage is enrolled under subsection (l)(2) or (k).” ; and

32. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(1)(C)(ii) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 7333(a)(4)(B)(iii)(I)

    Pub. L. 115–334, § 1601(1)(C)(ii), substituted “county expected yield” for “transitional yield of the producer”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B)(iii)(I). Pub. L. 115–334, § 1601(1)(C)(ii), substituted “county expected yield” for “transitional yield of the producer”.

    Enacted provision · exact public law section
    (ii) in clause (iii)(I), by striking “transitional yield of the producer” and inserting “county expected yield”;

33. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(2)(A) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 7333(b)(1)

    Pub. L. 115–334, § 1601(2)(A), substituted “by an appropriate deadline” for “not later than 30 days”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–334, § 1601(2)(A), substituted “by an appropriate deadline” for “not later than 30 days”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “not later than 30 days” and inserting “by an appropriate deadline”; and

34. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(2)(B) · 132 Stat. 4490

    Added · 7 U.S.C. § 7333(b)(4)

    Pub. L. 115–334, § 1601(2)(B), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 115–334, § 1601(2)(B), added par. (4).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(4) Streamlined submission process.— 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.” ;

35. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(3)(B) · 132 Stat. 4490

    Redesignated · 7 U.S.C. § 7333(d)(1)

    Pub. L. 115–334, § 1601(3)(B), added par. (1). Former par. (1) redesignated (2)

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 115–334, § 1601(3)(B), added par. (1). Former par. (1) redesignated (2).

    Enacted provision · exact public law section
    (B) by inserting before paragraph (2) (as so redesignated) the following: “(1) the producer’s share of the total acres devoted to the eligible crop; by” ; and

36. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(3)(A) · 132 Stat. 4490

    1. Redesignated · 7 U.S.C. § 7333(d)(2)

       Pub. L. 115–334, § 1601(3)(A), (C), redesignated par. (1) as (2)

    2. Redesignated · 7 U.S.C. § 7333(d)(2)

       Pub. L. 115–334, § 1601(3)(A), (C), substituted “approved yield for the crop, as determined by the Secretary” for “established yield for the crop”. Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;

37. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(3)(A) · 132 Stat. 4490

    Redesignated · 7 U.S.C. § 7333(d)(3); 7 U.S.C. § 7333(d)(4)

    Pub. L. 115–334, § 1601(3)(A), redesignated pars. (2) and (3) as (3) and (4), respectively

    Source evidence

    Code amendment note
    Subsec. (d)(3), (4). Pub. L. 115–334, § 1601(3)(A), redesignated pars. (2) and (3) as (3) and (4), respectively.

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;

38. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(4)(A) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 7333(e)(1)

    Pub. L. 115–334, § 1601(4)(A), substituted “approved yields” for “farm yields”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 115–334, § 1601(4)(A), substituted “approved yields” for “farm yields”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “farm” and inserting “approved”;

39. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(4)(B) · 132 Stat. 4490

    1. Amended · 7 U.S.C. § 7333(e)(2)

       Pub. L. 115–334, § 1601(4)(B), designated first and second sentences as subpars. (A) and (B), respectively

    2. Inserted · 7 U.S.C. § 7333(e)(2)

       Pub. L. 115–334, § 1601(4)(B), inserted headings

    3. Substituted · 7 U.S.C. § 7333(e)(2)

       Pub. L. 115–334, § 1601(4)(B), substituted “an approved yield” for “yield coverage” in subpar. (A)

    4. Inserted · 7 U.S.C. § 7333(e)(2)

       Pub. L. 115–334, § 1601(4)(B), inserted “approved” before “yield” in subpar. (B)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) in the second sentence— (I) by inserting “approved” before “yield”; and (II) by striking “Subject” and inserting the following: “(B) Calculation.— Subject” ; and (ii) in the matter preceding subparagraph (B) (as so designated)— (I) by striking “yield coverage” and inserting “an approved yield”; and (II) by striking “The Secretary” and inserting the following: “(A) In general.— The Secretary” ; and

40. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(4)(C) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 7333(e)(3)

    Pub. L. 115–334, § 1601(4)(C), substituted “county expected yield” for “transitional yield of the producer”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 115–334, § 1601(4)(C), substituted “county expected yield” for “transitional yield of the producer”.

    Enacted provision · exact public law section
    (C) in paragraph (3), by striking “transitional yield of the producer” and inserting “county expected yield”;

41. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(5) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 7333(i)(2)

    Pub. L. 115–334, § 1601(5), substituted “exceed—” and subpars. (A) and (B) for “exceed $125,000”

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 115–334, § 1601(5), substituted “exceed—” and subpars. (A) and (B) for “exceed $125,000”.

    Enacted provision · exact public law section
    (5) in subsection (i)(2), by striking “exceed $125,000” and inserting the following: “exceed— “(A) in the case of catastrophic coverage under subsection (c), $125,000; and “(B) in the case of additional coverage under subsection (l), $300,000” ;

42. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(6)(A) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 7333(k)(1)(A)

    Pub. L. 115–334, § 1601(6)(A), substituted “$325” for “$250”

    Source evidence

    Code amendment note
    Subsec. (k)(1)(A). Pub. L. 115–334, § 1601(6)(A), substituted “$325” for “$250”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by striking “$250” and inserting “$325”; and

43. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(6)(B) · 132 Stat. 4490

    1. Substituted · 7 U.S.C. § 7333(k)(1)(B)

       Pub. L. 115–334, § 1601(6)(B), substituted “$825” for “$750”

    2. Substituted · 7 U.S.C. § 7333(k)(1)(B)

       Pub. L. 115–334, § 1601(6)(B), substituted “$1,950” for “$1,875”

    Source evidence

    Code amendment note
    Subsec. (k)(1)(B). Pub. L. 115–334, § 1601(6)(B), substituted “$825” for “$750” and “$1,950” for “$1,875”.

    Enacted provision · exact public law section
    (B) in subparagraph (B)— (i) by striking “$750” and inserting “$825”; and (ii) by striking “$1,875” and inserting “$1,950”; and

44. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 12306(f)(1) · 132 Stat. 4490

    Inserted · 7 U.S.C. § 7333(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) in subsection (k)(2), by inserting “, or a veteran farmer or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))” before the period at the end; and

45. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(7)(A) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 7333(l)(1)

       Pub. L. 115–334, § 1601(7)(A), added subpar. (A)

    2. Redesignated · 7 U.S.C. § 7333(l)(1)

       Pub. L. 115–334, § 1601(7)(A), redesignated former subpars. (A) to (C) as (B) to (D), respectively, and, in subpar. (C)

    3. Inserted · 7 U.S.C. § 7333(l)(1)

       Pub. L. 115–334, § 1601(7)(A), inserted “, contract price, or other premium price (such as a local, organic, or direct market price, as elected by the producer)” after “market price”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; (ii) by inserting before subparagraph (B) (as so redesignated) the following: “(A) the producer’s share of the total acres devoted to the crop;” ; and (iii) in subparagraph (C) (as so redesignated), by inserting “, contract price, or other premium price (such as a local, organic, or direct market price, as elected by the producer)” after “price”;

46. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(7)(B) · 132 Stat. 4490

    Added · 7 U.S.C. § 7333(l)(2)(B)(i)(VI)

    Pub. L. 115–334, § 1601(7)(B), added subcl. (VI)

    Source evidence

    Code amendment note
    Subsec. (l)(2)(B)(i)(VI). Pub. L. 115–334, § 1601(7)(B), added subcl. (VI).

    Enacted provision · exact public law section
    (B) in paragraph (2)(B)(i)— (i) in subclause (IV), by striking “and” at the end; (ii) in subclause (V), by striking “or” at the end and inserting “and”; and (iii) by adding at the end the following: “(VI) the producer’s share of the crop; or” ;

47. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 12306(f)(2) · 132 Stat. 4490

    Inserted · 7 U.S.C. § 7333(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) in subsection (l), in paragraph (3) (as redesignated by section 1601(7)(D))— (A) in the paragraph heading, by inserting “veteran,” before “and socially”; and (B) by inserting “and veteran farmers or ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))” before “in exchange”.

48. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(7)(C) · 132 Stat. 4490

    1. Redesignated · 7 U.S.C. § 7333(l)(3)

       Pub. L. 115–334, § 1601(7)(C), (D), redesignated par. (4) as (3)

    2. Struck · 7 U.S.C. § 7333(l)(3)

       Pub. L. 115–334, § 1601(7)(C), (D), struck out former par. (3) which related to additional assistance for certain 2012 annual fruit crop losses

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (C) by striking paragraphs (3) and (5); and

49. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(7)(D) · 132 Stat. 4490

    Redesignated · 7 U.S.C. § 7333(l)(4)

    Pub. L. 115–334, § 1601(7)(D), redesignated par. (4) as (3)

    Source evidence

    Code amendment note
    Subsec. (l)(4). Pub. L. 115–334, § 1601(7)(D), redesignated par. (4) as (3).

    Enacted provision · exact public law section
    (D) by redesignating paragraph (4) as paragraph (3).

50. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1601(7)(C) · 132 Stat. 4490

    Struck · 7 U.S.C. § 7333(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (C) by striking paragraphs (3) and (5); and

76 of 76 references resolved to an enrolled provision