§ 9013. Payment yields

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. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title I § 1113 · 128 Stat. 649

   Enacted · 7 U.S.C. § 9013

   Pub. L. 113–79, title I, § 1113, Feb. 7, 2014, 128 Stat. 664

   Source evidence

   Code source credit
   Pub. L. 113–79, title I, § 1113, Feb. 7, 2014, 128 Stat. 664

   Enacted provision · exact public law section
   SEC. 1113. PAYMENT YIELDS. (a) Establishment and Purpose.— For the purpose of making price loss coverage payments under section 1116, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed for which a payment yield was not established under section 1102 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712) in accordance with this section. (b) Payment Yields for Designated Oilseeds.— (1) Determination of average yield.— In the case of designated oilseeds, the Secretary shall determine the average yield per planted acre for the designated oilseed on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed was zero. (2) Adjustment for payment yield.— (A) In general.— The payment yield for a farm for a designated oilseed shall be equal to the product of the following: (i) The average yield for the designated oilseed determined under paragraph (1). (ii) The ratio resulting from dividing the national average yield for the designated oilseed for the 1981 through 1985 crops by the national average yield for the designated oilseed for the 1998 through 2001 crops. (B) No national average yield information available.— To the extent that national average yield information for a designated oilseed is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section. (3) Use of county average yield.— If the yield per planted acre for a crop of a designated oilseed for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1). (c) Effect of Lack of Payment Yield.— (1) Establishment by secretary.— In the case of a covered commodity on a farm for which base acres have been established or that is planted on generic base acres, if no payment yield is otherwise established for the covered commodity on the farm, the Secretary shall establish an appropriate payment yield for the covered commodity on the farm under paragraph (2). (2) Use of similarly situated farms.— To establish an appropriate payment yield for a covered commodity on a farm as required by paragraph (1), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law. (d) Single Opportunity To Update Yields Used To Determine Price Loss Coverage Payments.— (1) Election to update.— At the sole discretion of the owner of a farm, the owner of a farm shall have a 1-time opportunity to update, on a covered commodity-by-covered-commodity basis, the payment yield that would otherwise be used in calculating any price loss coverage payment for each covered commodity on the farm for which the election is made. (2) Time for election.— The election under paragraph (1) shall be made at a time and manner to be in effect beginning with the 2014 crop year as determined by the Secretary. (3) Method of updating yields.— If the owner of a farm elects to update yields under this subsection, the payment yield for a covered commodity on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to 90 percent of the average of the yield per planted acre for the crop of the covered commodity on the farm for the 2008 through 2012 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the crop of the covered commodity was zero. (4) Use of county average yield.— If the yield per planted acre for a crop of the covered commodity for a farm for any of the 2008 through 2012 crop years was less than 75 percent of the average of the 2008 through 2012 county yield for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the average of the 2008 through 2012 county yield for the purposes of determining the average yield under paragraph (3).

2. 2018

   Improvements to Agriculture Programs Act of 2018

   Pub. L. 115–123 div. F § 60101(a)(4) · 132 Stat. 64

   Added · 7 U.S.C. § 9013(e)

   Pub. L. 115–123 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 115–123 added subsec. (e).

   Enacted provision · exact public law section
   (4) Payment yield.— Section 1113 of the Agricultural Act of 2014 (7 U.S.C. 9013) is amended by adding at the end the following: “(e) Payment Yield for Seed Cotton.— “(1) Payment yield.— Subject to paragraph (2), the payment yield for seed cotton for a farm shall be equal to 2.4 times the payment yield for upland cotton for the farm established under section 1104(e)(3) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714(e)(3)) (as in effect on September 30, 2013). “(2) Update.— At the sole discretion of the owner of a farm with a yield for upland cotton described in paragraph (1), the owner of the farm shall have a 1-time opportunity to update the payment yield for upland cotton for the farm, as provided in subsection (d), for the purpose of calculating the payment yield for seed cotton under paragraph (1).” .

   Effective date note
   Amendment by Pub. L. 115–123 applicable beginning with the 2018 crop year, see section 60101(a)(13) of Pub. L. 115–123, set out as a note under section 9011 of this title.

3. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1103(a)(1) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 9013(b)(1)

   Pub. L. 115–334, § 1103(a)(1), substituted “oilseeds designated before December 20, 2018” for “designated oilseeds”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–334, § 1103(a)(1), substituted “oilseeds designated before December 20, 2018” for “designated oilseeds”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “designated oilseeds” and inserting “oilseeds designated before the date of enactment of the Agriculture Improvement Act of 2018”;

4. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1103(a)(2) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 9013(b)(2); 7 U.S.C. § 9013(b)(3)

   Pub. L. 115–334, § 1103(a)(2), substituted “an oilseed designated before December 20, 2018,” for “a designated oilseed” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b)(2), (3). Pub. L. 115–334, § 1103(a)(2), substituted “an oilseed designated before December 20, 2018,” for “a designated oilseed” wherever appearing.

   Enacted provision · exact public law section
   (2) in paragraphs (2) and (3), by striking “a designated oilseed” each place it appears and inserting “an oilseed designated before the date of enactment of the Agriculture Improvement Act of 2018”; and

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1103(a)(3) · 132 Stat. 4490

   Added · 7 U.S.C. § 9013(b)(4)

   Pub. L. 115–334, § 1103(a)(3), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 115–334, § 1103(a)(3), added par. (4).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(4) Treatment of oilseeds designated after certain date.— In the case of oilseeds designated on or after the date of enactment of the Agriculture Improvement Act of 2018, the payment yield shall be equal to 90 percent of the average of the yield per planted acre for the most recent 5 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero.” .

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1103(b) · 132 Stat. 4490

   1. Added · 7 U.S.C. § 9013(d)

      Pub. L. 115–334, § 1103(b), added subsec. (d)

   2. Struck · 7 U.S.C. § 9013(d)

      Pub. L. 115–334, § 1103(b), struck out former subsec. (d) which consisted of pars. (1) to (4) relating to election to update payment yield, time for election, method of updating yields, and use of county average yield, respectively

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–334, § 1103(b), added subsec. (d) and struck out former subsec. (d) which consisted of pars. (1) to (4) relating to election to update payment yield, time for election, method of updating yields, and use of county average yield, respectively.

   Enacted provision · exact public law section
   (b) Single Opportunity to Update Yields.— Section 1113 of the Agricultural Act of 2014 (7 U.S.C. 9013) is amended by striking subsection (d) and inserting the following: “(d) Single Opportunity to Update Yields.— “(1) Election to update.— At the sole discretion of the owner of a farm, the owner of a farm shall have a 1-time opportunity to update, on a covered-commodity-by-covered-commodity basis, the payment yield that would otherwise be used in calculating any price loss coverage payment for each covered commodity on the farm for which the election is made. “(2) Method of updating yields for covered commodities.— If the owner of a farm elects to update yields under paragraph (1), the payment yield for a covered commodity on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to the product obtained by multiplying— “(A) 90 percent; “(B) the average of the yield per planted acre for the crop of covered commodities on the farm for the 2013 through 2017 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero; and “(C) subject to paragraph (3), the ratio obtained by dividing— “(i) the average of the 2008 through 2012 national average yield per planted acre for the covered commodity, as determined by the Secretary; by “(ii) the average of the 2013 through 2017 national average yield per planted acre for the covered commodity, as determined by the Secretary. “(3) Limitation.— In no case shall the ratio obtained under paragraph (2)(C) be less than 90 percent or greater than 100 percent. “(4) Use of county average yield.— For the purposes of determining the average yield per planted acre under paragraph (2)(B), if the yield per planted acre for a crop of a covered commodity for a farm for any of the crop years described in that subparagraph was less than 75 percent of the average of county yields for those crop years for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the average of the 2013 through 2017 county yield for the covered commodity. “(5) Upland cotton conversion.— In the case of seed cotton, for purposes of determining the average of the yield per planted acre under this subsection, the average yield for seed cotton per planted acre shall be equal to 2.4 times the average yield for upland cotton per planted acre. “(6) Time for election.— An election under this subsection shall be made at a time and manner so as to be in effect beginning with the 2020 crop year, as determined by the Secretary.” .

7 of 7 references resolved to an enrolled provision