CHAPTER 115 - AGRICULTURAL COMMODITY POLICY AND PROGRAMS

Title 7 > CHAPTER 115

Sections (40)

§ 9001 Definition of Secretary of Agriculture

In this Act, the term “Secretary” means the Secretary of Agriculture. ( Pub. L. 113–79, § 2 , Feb. 7, 2014 , 128 Stat. 658 .)

§ 9011 Definitions

In this subchapter and subchapter II: The term “actual crop revenue”, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 9017(b) of this title . The term “agriculture risk coverage” means coverage provided under section 9017 of this title . The term “agriculture risk coverage guarantee”, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 9017(c) of this title . The term “base acres”, with respect to a covered commodity on a farm, means the number of acres in effect under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8718, and 8752 of this title, as in effect on September 30, 2013 , subject to any reallocation, adjustment, or reduction under section 9012 of this title . The term “base acres” includes any generic base acres planted to a covered commodity as determined in section 9014(b) of this title . The term “county coverage” means agriculture risk coverage selected under section 9015(b)(1) of this title to be obtained at the county level. The term “covered commodity” means wheat, oats, and barley (including wheat, oats, and barley used for haying and grazing), corn, grain sorghum, long grain rice, medium grain rice, pulse crops, soybeans, other oilseeds, and peanuts. Effective beginning with the 2018 crop year, the term “covered commodity” includes seed cotton. The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 9016(b) of this title to determine whether price loss coverage payments are required to be provided for that crop year. The term “effective reference price”, with respect to a covered commodity for a crop year, means the lesser of the following: An amount equal to 115 percent of the reference price for such covered commodity. An amount equal to the greater of— the reference price for such covered commodity; or beginning with the crop year 2025, 88 percent of the average of the marketing year average price of the covered commodity for the most recent 5 crop years, excluding each of the crop years with the highest and lowest marketing year average price. The term “extra long staple cotton” means cotton that— is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. The term “generic base acres” means the number of base acres for cotton in effect under section 8702 of this title , as adjusted pursuant to section 8711 of this title , as in effect on September 30, 2013 , subject to any adjustment or reduction under section 9012 of this title . The term “individual coverage” means agriculture risk coverage selected under section 9015(b)(2) of this title to be obtained at the farm level. The term “medium grain rice” includes short grain rice and temperate japonica rice. The term “other oilseed” means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary. The term “payment acres”, with respect to the provision of price loss coverage payments and agriculture risk coverage payments, means the number of acres determined for a farm under section 9014 of this title . The term “payment yield”, for a farm for a covered commodity— means the yield used to make payments pursuant to section 8714 or 8754 of this title, as in effect on September 30, 2013 ; or means the yield established under section 9013 of this title . The term “price loss coverage” means coverage provided under section 9016 of this title . The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and 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; and ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter. The term “pulse crop” means dry peas, lentils, small chickpeas, and large chickpeas. Effective beginning with the 2025 crop year, subject to subparagraphs (B) and (C), the term “reference price”, with respect to a covered commodity for a crop year, means the following: For wheat, $6.35 p er b u s h e l . F orcor n,$ 4.10 per bushel. For grain sorghum, $4.40 p er b u s h e l . F or ba r l ey,$ 5.45 per bushel. For oats, $2.65 p er b u s h e l . F or l o n gg r ain r i ce,$ 16.90 per hundredweight. For medium grain rice, $16.90 p er h u n d re d w e i g h t . F orsoy b e an s,$ 10.00 per bushel. For other oilseeds, $23.75 p er h u n d re d w e i g h t . F or p e an u t s,$ 630.00 per ton. For dry peas, $13.10 p er h u n d re d w e i g h t . F or l e n t i l s,$ 23.75 per hundredweight. For small chickpeas, $22.65 p er h u n d re d w e i g h t . F or l a r g ec hi c k p e a s,$ 25.65 per hundredweight. For seed cotton, $0.42 per pound. Effective beginning with the 2031 crop year, the reference prices defined in subparagraph (A) with respect to a covered commodity shall equal the reference price in the previous crop year multiplied by 1.005. In no case shall a reference price for a covered commodity exceed 113 percent of the reference price for such covered commodity listed in subparagraph (A). The term “Secretary” means the Secretary of Agriculture. The term “seed cotton” means unginned upland cotton that includes both lint and seed. The term “State” means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States. The term “temperate japonica rice” means rice that is grown in high altitudes or temperate regions of high latitudes with cooler climate conditions, in the Western United States, as determined by the Secretary, for the purpose of— the reallocation of base acres under section 9012 of this title ; the establishment of a reference price (as required under section 9016(g) of this title ) and an effective price pursuant to section 9016 of this title ; and the determination of the actual crop revenue and agriculture risk coverage guarantee pursuant to section 9017 of this title . The term “transitional yield” has the meaning given the term in section 1502(b) of this title . The term “United States”, when used in a geographical sense, means all of the States. The term “United States Premium Factor” means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 1⅛-inch upland cotton and for Middling (M) 1 3 ⁄ 32 -inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities. ( Pub. L. 113–79, title I, § 1111 , Feb. 7, 2014 , 128 Stat. 659 ; Pub. L. 115–123, div. F, § 60101(a)(1) –(3), Feb. 9, 2018 , 132 Stat. 308 ; Pub. L. 115–334, title I, § 1101 , Dec. 20, 2018 , 132 Stat. 4500 ; Pub. L. 119–21, title I, § 10301 , July 4, 2025 , 139 Stat. 86 .)

§ 9012 Base acres

(a) Retention or 1-time reallocation of base acres As soon as practicable after February 7, 2014 , the Secretary shall provide notice to the owners of a farm regarding their opportunity to make an election, in the manner provided in this subsection— to retain base acres, including any generic base acres, as provided in paragraph (2); or in lieu of retaining base acres, to reallocate base acres, other than any generic base acres, as provided in paragraph (3). The notice under subparagraph (A) shall include the following: Information that the opportunity of an owner to make the election is being provided only once. Information regarding the manner in which the owner must make the election and the manner of notifying the Secretary of the election. Information regarding the deadline before which the owner must notify the Secretary of the election to be in effect beginning with the 2014 crop year. If the owner of a farm fails to make the election under this subsection, or fails to timely notify the Secretary of the election as required by subparagraph (B)(iii), the owner shall be deemed to have elected to retain base acres, including generic base acres, as provided in paragraph (2). For the purpose of applying this subchapter to a covered commodity, the Secretary shall give an owner of a farm an opportunity to elect to retain all of the base acres for each covered commodity on the farm. Generic base acres are automatically retained. For the purpose of applying this subchapter to covered commodities, the Secretary shall give an owner of a farm an opportunity to elect to reallocate all of the base acres for covered commodities on the farm, as in effect on September 30, 2013 , among those covered commodities planted on the farm at any time during the 2009 through 2012 crop years. The reallocation of base acres among covered commodities on a farm shall be in proportion to the ratio of— the 4-year average of— the acreage planted on the farm to each covered commodity for harvest, grazing, haying, silage, or other similar purposes for the 2009 through 2012 crop years; and any acreage on the farm that the producers were prevented from planting during the 2009 through 2012 crop years to that covered commodity because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; to the 4-year average of— the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage, or other similar purposes for such crop years; and any acreage on the farm that the producers were prevented from planting during such crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary. Generic base acres are retained and may not be reallocated under this paragraph. For the purpose of determining a 4-year acreage average under subparagraph (B) for a farm, the Secretary shall not exclude any crop year in which a covered commodity was not planted. For the purpose of determining under subparagraph (B) the acreage on a farm that producers planted or were prevented from planting during the 2009 through 2012 crop years to covered commodities, if the acreage that was planted or prevented from being planted was devoted to another covered commodity in the same crop year (other than a covered commodity produced under an established practice of double cropping), the owner may elect the commodity to be used for that crop year in determining the 4-year average, but may not include both the initial commodity and the subsequent commodity. The reallocation of base acres among covered commodities on a farm under this paragraph may not result in a total number of base acres (including generic base acres) for the farm in excess of the number of base acres in effect for the farm on September 30, 2013 . The election made under this subsection, or deemed to be made under paragraph (1)(C), with respect to a farm shall apply to all of the covered commodities on the farm.

(b) Adjustment of base acres Notwithstanding the election made under subsection (a), the Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm and any generic base acres for the farm whenever any of the following circumstances occur: A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) with respect to the farm expires or is voluntarily terminated. Cropland is released from coverage under a conservation reserve contract by the Secretary. The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 8711(a)(1)(D) of this title . For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive price loss coverage or agriculture risk coverage with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both.

(c) Prevention of excess base acres Notwithstanding the election made under subsection (a), if the sum of the base acres for a farm, including generic base acres, and the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities or generic base acres for the farm so that the sum of the base acres, including generic base acres, and the acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm. For purposes of paragraph (1), the Secretary shall include the following: Any acreage on the farm enrolled in— the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq.); or a wetland reserve easement under section 1265C of the Food Security Act of 1985 ( 16 U.S.C. 3865c ). Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage. If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under subsection (b)(1)(C). The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity or generic base acres for the farm against which the reduction required by paragraph (1) will be made. In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.

(d) Reduction in base acres The owner of a farm may reduce, at any time, the base acres for any covered commodity or generic base acres for the farm. A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary. The Secretary shall proportionately reduce base acres, including any generic base acres, on a farm for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land— remains devoted to commercial agricultural production; or is likely to be returned to the previous agricultural use. The Secretary shall establish procedures to identify land described in subparagraph (A). In the case of a farm on which all of the cropland was planted to grass or pasture (including cropland that was idle or fallow), as determined by the Secretary, during the period beginning on January 1, 2009 , and ending on December 31, 2017 , the Secretary shall maintain all base acres and payment yields for the covered commodities on the farm, except that no payment shall be made with respect to those base acres under section 9016 or 9017 of this title for the 2019 through 2031 crop years. The producers on a farm for which all of the base acres are maintained under subparagraph (A) shall be ineligible for the option to change the election applicable to the producers on the farm under section 9015(h) of this title . The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change the treatment of base acres under this section.

(e) Additional base acres As soon as practicable after July 4, 2025 , and notwithstanding subsection (a), the Secretary shall provide notice to owners of eligible farms pursuant to paragraph (3) and allocate to those eligible farms a total of not more than an additional 30,000,000 base acres in the manner provided in this subsection. An owner of a farm that is eligible to receive an allocation of base acres may elect to not receive that allocation by notifying the Secretary not later than 90 days after receipt of the notice provided by the Secretary under this paragraph. The notice under paragraph (1) shall include the following: Information that the allocation is occurring. Information regarding the eligibility of the farm for an allocation of base acres under paragraph (3). Information regarding how an owner may appeal a determination of ineligibility for an allocation of base acres under paragraph (3) through an appeals process established by the Secretary. Subject to subparagraph (D), effective beginning with the 2026 crop year, a farm is eligible to receive an allocation of base acres if, with respect to the farm, the amount described in subparagraph (B) exceeds the amount described in subparagraph (C). The amount described in this subparagraph, with respect to a farm, is the sum of— the 5-year average of— the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage or other similar purposes for the 2019 through 2023 crop years; and any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; plus the lesser of— 15 percent of the total acres on the farm; and the 5-year average of— the acreage planted on the farm to eligible noncovered commodities for harvest, grazing, haying, silage, or other similar purposes for the 2019 through 2023 crop years; and any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to eligible noncovered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary. The amount described in this subparagraph, with respect to a farm, is the total number of base acres for covered commodities on the farm (excluding unassigned crop base), as in effect on September 30, 2024 . In the case of a farm for which the amount determined under clause (i) of subparagraph (B) is equal to zero, that farm shall be ineligible to receive an allocation of base acres under this subsection. In this paragraph, the term “acreage planted on the farm to eligible noncovered commodities” means acreage planted on a farm to commodities other than covered commodities, trees, bushes, vines, grass, or pasture (including cropland that was idle or fallow), as determined by the Secretary. Subject to paragraphs (3) and (8), the number of base acres allocated to an eligible farm shall— be equal to the difference obtained by subtracting the amount determined under subparagraph (C) of paragraph (3) from the amount determined under subparagraph (B) of that paragraph; and include unassigned crop base. The Secretary shall allocate the number of base acres under paragraph (4) among those covered commodities planted on the farm at any time during the 2019 through 2023 crop years. The allocation of additional base acres for covered commodities shall be in proportion to the ratio of— the 5-year average of— the acreage planted on the farm to each covered commodity for harvest, grazing, haying, silage, or other similar purposes for the 2019 through 2023 crop years; and any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to that covered commodity because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; to the 5-year average determined under paragraph (3)(B)(i). For the purpose of determining a 5-year acreage average under subparagraph (B) for a farm, the Secretary shall not exclude any crop year in which a covered commodity was not planted. For the purpose of determining under subparagraph (B) the acreage on a farm that producers planted or were prevented from planting during the 2019 through 2023 crop years to covered commodities, if the acreage that was planted or prevented from being planted was devoted to another covered commodity in the same crop year (other than a covered commodity produced under an established practice of double cropping), the owner may elect the covered commodity to be used for that crop year in determining the 5-year average, but may not include both the initial covered commodity and the subsequent covered commodity. The allocation of additional base acres among covered commodities on a farm under this paragraph may not result in a total number of base acres for the farm in excess of the total number of acres on the farm. In carrying out this subsection, if the total number of eligible acres allocated to base acres across all farms in the United States under this subsection would exceed 30,000,000 acres, the Secretary shall apply an across-the-board, pro-rata reduction to the number of eligible acres to ensure the number of allocated base acres under this subsection is equal to 30,000,000 acres. Beginning with crop year 2026, for the purpose of making price loss coverage payments under section 9016 of this title , the Secretary shall establish payment yields to base acres allocated under this subsection equal to— the payment yield established on the farm for the applicable covered commodity; and if no such payment yield for the applicable covered commodity exists, a payment yield— equal to the average payment yield for the covered commodity for the county in which the farm is situated; or determined pursuant to section 9013(c) of this title . In the case of a farm for which the owner on July 4, 2025 was not the owner for the 2019 through 2023 crop years, the Secretary shall use the planting history of the prior owner or owners of that farm for purposes of determining— eligibility under paragraph (3); eligible acres under paragraph (4); and the allocation of acres under paragraph (5).

§ 9013 Payment yields

(a) Establishment and purpose For the purpose of making price loss coverage payments under section 9016 of this title , 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 8712 of this title in accordance with this section.

(b) Payment yields for designated oilseeds In the case of oilseeds designated before December 20, 2018 , 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. The payment yield for a farm for an oilseed designated before December 20, 2018 , shall be equal to the product of the following: The average yield for the designated oilseed determined under paragraph (1). 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. To the extent that national average yield information for an oilseed designated before December 20, 2018 , 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. If the yield per planted acre for a crop of an oilseed designated before December 20, 2018 , 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). In the case of oilseeds designated on or after December 20, 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.

(c) Effect of lack of payment yield 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). 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 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. 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— 90 percent; 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 subject to paragraph (3), the ratio obtained by dividing— the average of the 2008 through 2012 national average yield per planted acre for the covered commodity, as determined by the Secretary; by the average of the 2013 through 2017 national average yield per planted acre for the covered commodity, as determined by the Secretary. In no case shall the ratio obtained under paragraph (2)(C) be less than 90 percent or greater than 100 percent. 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. 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. 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.

(e) Payment yield for seed cotton 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 8714(e)(3) of this title (as in effect on September 30, 2013 ). 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).

§ 9014 Payment acres

(a) Determination of payment acres For the purpose of price loss coverage and agriculture risk coverage when county coverage has been selected under section 9015(b)(1) of this title , but subject to subsection (e), the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm. In the case of agriculture risk coverage when individual coverage has been selected under section 9015(b)(2) of this title , but subject to subsection (e), the payment acres for a farm shall be equal to 65 percent of the base acres for all of the covered commodities on the farm.

(b) Treatment of generic base acres In the case of generic base acres, price loss coverage payments and agriculture risk coverage payments are made only with respect to generic base acres planted to a covered commodity for the crop year. With respect to a farm containing generic base acres, for the purpose of applying paragraphs (1) and (2) of subsection (a), generic base acres on the farm are attributed to a covered commodity in the following manner: If a single covered commodity is planted and the total acreage planted exceeds the generic base acres on the farm, the generic base acres are attributed to that covered commodity in an amount equal to the total number of generic base acres. If multiple covered commodities are planted and the total number of acres planted to all covered commodities on the farm exceeds the generic base acres on the farm, the generic base acres are attributed to each of the covered commodities on the farm on a pro rata basis to reflect the ratio of— the acreage planted to a covered commodity on the farm; to the total acreage planted to all covered commodities on the farm. If the total number of acres planted to all covered commodities on the farm does not exceed the generic base acres on the farm, the number of acres planted to a covered commodity is attributed to that covered commodity. When generic base acres are planted to a covered commodity or acreage planted to a covered commodity is attributed to generic base acres, the generic base acres are in addition to other base acres on the farm. Not later than 90 days after February 9, 2018 , the Secretary shall require the owner of a farm to allocate all generic base acres on the farm under subparagraph (B) or (C), or both. In the case of a farm on which no covered commodities (including seed cotton) were planted or were prevented from being planted at any time during the 2009 through 2016 crop years, the owner of such farm shall allocate generic base acres on the farm to unassigned crop base for which no payments may be made under section 9016 or 9017 of this title. In the case of a farm not described in subparagraph (B), the owner of such farm shall allocate generic base acres on the farm— subject to subparagraph (D), to seed cotton base acres in a quantity equal to the greater of— 80 percent of the generic base acres on the farm; or the average number of seed cotton acres planted or prevented from being planted on the farm during the 2009 through 2012 crop years (not to exceed the total generic base acres on the farm); or to base acres for covered commodities (including seed cotton), by applying subparagraphs (B), (D), (E), and (F) of section 9012(a)(3) of this title . In the case of a farm on which generic base acres are allocated under subparagraph (C)(i), the residual generic base acres shall be allocated to unassigned crop base for which no payments may be made under section 9016 or 9017 of this title. In the case of a farm not described in subparagraph (B) for which the owner of the farm fails to make an election under subparagraph (C), the owner of the farm shall be deemed to have elected to allocate all generic base acres in accordance with subparagraph (C)(i).

(c) Exclusion The quantity of payment acres determined under subsection (a) may not include any crop subsequently planted during the same crop year on the same land for which the first crop is eligible for price loss coverage payments or agriculture risk coverage payments, unless the crop was approved for double cropping in the county, as determined by the Secretary.

(d) Effect of minimal payment acres Notwithstanding any other provision of this chapter, a producer on a farm may not receive price loss coverage payments or agriculture risk coverage payments if the sum of the base acres on the farm is 10 acres or less, as determined by the Secretary, unless the sum of the base acres on the farm, when combined with the base acres of other farms in which the producer has an interest, is more than 10 acres. Paragraph (1) does not apply to a producer that is— a socially disadvantaged farmer or rancher (as defined in section 2003(e) of this title ); a limited resource farmer or rancher, as defined by the Secretary; a beginning farmer or rancher (as defined in subsection (a) of section 2279 of this title ); or a veteran farmer or rancher (as defined in subsection (a) of section 2279 of this title ).

(e) Effect of planting fruits and vegetables In the manner provided in this subsection, payment acres on a farm shall be reduced in any crop year in which fruits, vegetables (other than mung beans and pulse crops), or wild rice have been planted on base acres on a farm. In the case of price loss coverage payments and agricultural risk coverage payments using county coverage, the reduction under paragraph (1) shall be the amount equal to the base acres planted to crops referred to in such paragraph in excess of 15 percent of base acres. In the case of agricultural risk coverage payments using individual coverage, the reduction under paragraph (1) shall be the amount equal to the base acres planted to crops referred to in such paragraph in excess of 35 percent of base acres. No reduction to payment acres shall be made under this subsection if— cover crops or crops referred to in paragraph (1) are grown solely for conservation purposes and not harvested for use or sale, as determined by the Secretary; or in any region in which there is a history of double-cropping covered commodities with crops referred to in paragraph (1) and such crops were so double-cropped on the base acres, as determined by the Secretary. For each crop year for which fruits, vegetables (other than mung beans and pulse crops), or wild rice are planted to base acres on a farm for which a reduction in payment acres is made under this subsection, the Secretary shall consider such base acres to be planted, or prevented from being planted, to a covered commodity for purposes of any adjustment or reduction of base acres for the farm under section 9012 of this title .

(f) Unassigned crop base The Secretary shall maintain information on generic base acres on a farm allocated as unassigned crop base under subsection (b)(4).

§ 9015 Producer election

(a) Election required For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2031 crop years (subject to subsection (h)), all of the producers on a farm shall make a 1-time, irrevocable election to obtain— price loss coverage under section 9016 of this title on a covered commodity-by-covered-commodity basis; or agriculture risk coverage under section 9017 of this title .

(b) Coverage options In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage shall unanimously select whether to receive agriculture risk coverage payments based on— county coverage applicable on a covered commodity-by-covered-commodity basis; or individual coverage applicable to all of the covered commodities on the farm.

(c) Effect of failure to make unanimous election If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable— the Secretary shall not make any payments with respect to the farm for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable, under section 9016 or 9017 of this title; and subject to subsection (h), the producers on the farm shall be deemed to have elected, as applicable— price loss coverage for all covered commodities on the farm for the 2015 through 2018 crop years; the same coverage for each covered commodity on the farm for the 2020 through 2023 crop years as was applicable for the 2015 through 2018 crop years; and the same coverage for each covered commodity on the farm for the 2027 through 2031 crop years as was applicable for the 2025 crop year.

(d) Effect of selection of county coverage If all the producers on a farm select county coverage for a covered commodity under subsection (b)(1), the Secretary may not make price loss coverage payments under section 9016 of this title to the producers on the farm with respect to that covered commodity.

(e) Effect of selection of individual coverage If all the producers on a farm select individual coverage under subsection (b)(2), in addition to the selection and election under this section applying to each producer on the farm, the Secretary shall consider, for purposes of making the calculations required by subsections (b)(2) and (c)(3) of section 9017 of this title , the producer’s share of all farms in the same State— in which the producer has an interest; and for which individual coverage has been selected.

(f) Prohibition on reconstitution The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election or selection made under this section.

(g) Special election In the case of acres allocated to seed cotton on a farm, for the 2018 crop year, all of the producers on the farm shall be given the opportunity to make a new 1-time election under subsection (a) to reflect the designation of seed cotton as a covered commodity for that crop year under section 9011(6)(B) of this title . If all the producers on a farm fail to make a unanimous election under paragraph (1), the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for acres allocated on the farm to seed cotton.

(h) Option to change election For the 2021 crop year and each crop year thereafter, all of the producers on a farm may change the election under subsection (a), subsection (c), or this subsection, as applicable, to price loss coverage or agriculture risk coverage, as applicable. An election change under paragraph (1) shall apply to— the crop year for which the election change is made; and each crop year thereafter until another election change is made under that paragraph.

(i) Higher of price loss coverage payments and agriculture risk coverage payments For the 2025 crop year, the Secretary shall, on a covered commodity-by-covered commodity basis, make the higher of price loss coverage payments under section 9016 of this title and agriculture risk coverage county coverage payments under section 9017 of this title to the producers on a farm for the payment acres for each covered commodity on the farm.

§ 9016 Price loss coverage

(a) Price loss coverage payments If all of the producers on a farm make the election under subsection (a) or (h) of section 9015 of this title to obtain price loss coverage or, subject to subsection (c)(1) of such section, are deemed to have made such election under subsection (c)(2) of such section, the Secretary shall make price loss coverage payments to producers on the farm on a covered commodity-by-covered-commodity basis if the Secretary determines that— for any of the 2014 through 2018 crop years— the effective price for the covered commodity for the crop year; is less than the reference price for the covered commodity for the crop year; or for any of the 2019 through 2031 crop years— the effective price for the covered commodity for the crop year; is less than the effective reference price for the covered commodity for the crop year.

(b) Effective price The effective price for a covered commodity for a crop year shall be the higher of— the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subchapter II.

(c) Payment rate For the 2014 through 2018 crop years, the payment rate shall be equal to the difference between— the reference price for the covered commodity; and the effective price determined under subsection (b) for the covered commodity. For the 2019 through 2031 crop years, the payment rate shall be equal to the difference between— the effective reference price for the covered commodity; and the effective price determined under subsection (b) for the covered commodity. Not later than 30 days after the end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate determined under paragraph (1). In the case of a covered commodity, such as temperate japonica rice, for which the Secretary cannot determine the payment rate for the most recent 12-month marketing year by the date described in paragraph (2) due to insufficient reporting of timely pricing data by 1 or more nongovernmental entities, including a marketing cooperative for the covered commodity, the Secretary shall publish the payment rate as soon as practicable after the marketing year data are made available.

(d) Payment amount If price loss coverage payments are required to be provided under this section for any of the 2014 through 2031 crop years for a covered commodity, the amount of the price loss coverage payment to be paid to the producers on a farm for the crop year shall be equal to the product obtained by multiplying— the payment rate for the covered commodity under subsection (c); the payment yield for the covered commodity; and the payment acres for the covered commodity.

(e) Time for payments If the Secretary determines under this section that price loss coverage payments are required to be provided for the covered commodity, the payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity.

(f) Effective price for barley In determining the effective price for barley under subsection (b), the Secretary shall use the all-barley price.

(g) Reference price for temperate japonica rice In order to reflect price premiums, the Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to the amount established under paragraph (19)(A)(vi) of section 9011 of this title , as adjusted by paragraph (8) of such section, multiplied by the ratio obtained by dividing— the simple average of the marketing year average price of medium grain rice from the 2017 through 2021 crop years; by the simple average of the marketing year average price of all rice from the 2017 through 2021 crop years.

(h) Effective price for seed cotton The effective price for seed cotton under subsection (b) shall be equal to the marketing year average price for seed cotton, as calculated under paragraph (2). The marketing year average price for seed cotton for a crop year shall be equal to the quotient obtained by dividing— the sum obtained by adding— the product obtained by multiplying— the upland cotton lint marketing year average price; and the total United States upland cotton lint production, measured in pounds; and the product obtained by multiplying— the cottonseed marketing year average price; and the total United States cottonseed production, measured in pounds; by the sum obtained by adding— the total United States upland cotton lint production, measured in pounds; and the total United States cottonseed production, measured in pounds.

§ 9017 Agriculture risk coverage

(a) Agriculture risk coverage payments If all of the producers on a farm make the election under section 9015(a) of this title to obtain agriculture risk coverage, the Secretary shall make agriculture risk coverage payments (beginning with the 2019 crop year, based on the physical location of the farm) to producers on the farm if the Secretary determines that, for any of the 2014 through 2018 crop years or the 2019 through 2031 crop years, as applicable— the actual crop revenue determined under subsection (b) for the crop year; is less than the agriculture risk coverage guarantee determined under subsection (c) for the crop year.

(b) Actual crop revenue In the case of county coverage, the amount of the actual crop revenue for a county for a crop year of a covered commodity shall be equal to the product obtained by multiplying— the actual average county yield per planted acre for the covered commodity, as determined by the Secretary; and the higher of— the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subchapter II. In the case of individual coverage, the amount of the actual crop revenue for a producer on a farm for a crop year shall be based on the producer’s share of all covered commodities planted on all farms for which individual coverage has been selected and in which the producer has an interest, to be determined by the Secretary as follows: For each covered commodity, the product obtained by multiplying— the total production of the covered commodity on such farms, as determined by the Secretary; and the higher of— the national average market price received by producers during the 12-month marketing year, as determined by the Secretary; or the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subchapter II. The sum of the amounts determined under subparagraph (A) for all covered commodities on such farms. The quotient obtained by dividing the amount determined under subparagraph (B) by the total planted acres of all covered commodities on such farms.

(c) Agriculture risk coverage guarantee The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 86 percent of the benchmark revenue for each of the 2014 through 2024 crop years and 90 percent of the benchmark revenue for each of the 2025 through 2031 crop years. In the case of county coverage, the benchmark revenue shall be the product obtained by multiplying— subject to paragraphs (4) and (5), the average historical county yield as determined by the Secretary for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and subject to paragraph (6), the national average market price received by producers during the 12-month marketing year for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices. In the case of individual coverage, the benchmark revenue for a producer on a farm for a crop year shall be based on the producer’s share of all covered commodities planted on all farms for which individual coverage has been selected and in which the producer has an interest, to be determined by the Secretary as follows: For each covered commodity for each of the most recent 5 crop years, the product obtained by multiplying— subject to paragraph (4), the yield per planted acre for the covered commodity on such farms, as determined by the Secretary; by subject to paragraph (6), the national average market price received by producers during the 12-month marketing year. For each covered commodity, the average of the revenues determined under subparagraph (A) for the most recent 5 crop years, excluding each of the crop years with the highest and lowest revenues. For each of the 2014 through 2031 crop years, the sum of the amounts determined under subparagraph (B) for all covered commodities on such farms, but adjusted to reflect the ratio between the total number of acres planted on such farms to a covered commodity and the total acres of all covered commodities planted on such farms. Effective for the 2014 through 2018 crop years, if the yield per planted acre for the covered commodity or historical county yield per planted acre for the covered commodity for any of the 5 most recent crop years, as determined by the Secretary, is less than 70 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph (2)(A) or (3)(A)(i) shall be 70 percent of the transitional yield. Effective for the 2019 through 2031 crop years, if the yield per planted acre for the covered commodity or historical county yield per planted acre for the covered commodity for any of the 5 most recent crop years, as determined by the Secretary, is less than 80 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph (2)(A) or (3)(A)(i) shall be 80 percent of the transitional yield. The Secretary shall calculate and use a trend-adjusted yield factor to adjust the yield determined under paragraph (2)(A) and subsection (b)(1)(A), taking into consideration, but not exceeding, the trend-adjusted yield factor that is used to increase yield history under the endorsement under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) for that crop and county. For the 2014 through 2018 crop years, if the national average market price received by producers during the 12-month marketing year for any of the 5 most recent crop years is lower than the reference price for the covered commodity, the Secretary shall use the reference price for any of those years for the amounts in paragraph (2)(B) or (3)(A)(ii). For the 2019 through 2031 crop years, if the national average market price received by producers during the 12-month marketing year for any of the 5 most recent crop years is lower than the effective reference price for the covered commodity, the Secretary shall use the effective reference price for any of those years for the amounts in paragraph (2)(B) or (3)(A)(ii).

(d) Payment rate The payment rate for a covered commodity, in the case of county coverage, or a farm, in the case of individual coverage, shall be equal to the lesser of— the amount that— the agriculture risk coverage guarantee for the crop year applicable under subsection (c); exceeds the actual crop revenue for the crop year applicable under subsection (b); or for each of the 2014 through 2024 crop years, 10 percent of the benchmark revenue for the crop year applicable under subsection (c); and for each of the 2025 through 2031 crop years, 12 percent of the benchmark revenue for the crop year applicable under subsection (c). Not later than 30 days after the end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate determined under paragraph (1) for each county.

(e) Payment amount If agriculture risk coverage payments are required to be paid for any of the 2014 through 2031 crop years, the amount of the agriculture risk coverage payment for the crop year shall be determined by multiplying— the payment rate determined under subsection (d); and the payment acres determined under section 9014 of this title .

(f) Time for payments If the Secretary determines that agriculture risk coverage payments are required to be provided for the covered commodity, payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity.

(g) Additional duties of the Secretary In providing agriculture risk coverage, the Secretary shall— to the maximum extent practicable, use all available information and analysis, including data mining, to check for anomalies in the determination of agriculture risk coverage payments; calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities; in the case of individual coverage, assign an average yield for a farm on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if the Secretary determines that the farm has planted acreage in a quantity that is insufficient to calculate a representative average yield for the farm; effective for the 2014 through 2018 crop years, in the case of county coverage, assign an actual or benchmark county yield for each planted acre for the crop year for the covered commodity on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if— the Secretary cannot establish the actual or benchmark county yield for each planted acre for a crop year for a covered commodity in the county in accordance with subsection (b)(1) or (c)(2); or the yield determined under subsection (b)(1) or (c)(2) is an unrepresentative average yield for the county, as determined by the Secretary; and effective for the 2019 through 2031 crop years, in the case of county coverage, assign an actual or benchmark county yield for each planted acre for the crop year for the covered commodity— for a county for which county data collected by the Risk Management Agency are sufficient for the Secretary to offer a county-wide insurance product, using the actual average county yield determined by the Risk Management Agency; or for a county not described in subparagraph (A), using— other sources of yield information, as determined by the Secretary; or the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary.

(h) Publications For each crop year for a covered commodity, the Secretary shall publish information describing, for that crop year for the covered commodity in each county— the agriculture risk coverage guarantee for county coverage determined under subsection (c)(1); the average historical county yield determined under subsection (c)(2)(A); and the national average market price determined under subsection (c)(2)(B). Except as provided in clauses (ii) and (iii), not later than 30 days after the end of each applicable 12-month marketing year, the Secretary shall publish the information described in subparagraph (A). In the case of a covered commodity, such as temperate japonica rice, for which the Secretary cannot determine the national average market price for the most recent 12-month marketing year by the date described in clause (i) due to insufficient reporting of timely pricing data by 1 or more nongovernmental entities, including a marketing cooperative for the covered commodity, as soon as practicable after the pricing data are made available, the Secretary shall publish information describing— the agriculture risk coverage guarantee under subparagraph (A)(i); and the national average market price under subparagraph (A)(iii). Not later than 60 days after December 20, 2018 , the Secretary shall publish the information described in clauses (i) and (ii) of subparagraph (A) for the 2018 crop year. As soon as practicable after each crop year, the Secretary shall determine and publish each actual average county yield for each covered commodity, as determined under subsection (b)(1)(A). For the 2018 crop year and each crop year thereafter, the Secretary shall make publicly available information describing, for the most recent crop year— the sources of data used to calculate county yields under subsection (c)(2)(A) for each covered commodity— by county; and nationally; and the number and outcome of occurrences in which the Farm Service Agency reviewed, changed, or determined not to change a source of data used to calculate county yields under subsection (c)(2)(A).

(i) Administrative units For purposes of agriculture risk coverage payments in the case of county coverage, a county may be divided into not greater than 2 administrative units in accordance with this subsection. A county that may be divided into administrative units under this subsection is a county that— is larger than 1,400 square miles; and contains more than 190,000 base acres. Before making any agriculture risk coverage payments for the 2019 crop year, the Farm Service Agency State committee, in consultation with the Farm Service Agency county or area committee of a county described in paragraph (2), may make a 1-time election to divide the county into administrative units under this subsection along a boundary that better reflects differences in weather patterns, soil types, or other factors. The Secretary shall— limit the number of counties that may be divided into administrative units under paragraph (3) to 25 counties; and give preference to the division of counties that have greater variation in climate, soils, and expected productivity between the proposed administrative units. For purposes of providing agriculture risk coverage payments in the case of county coverage, the Secretary shall consider an administrative unit elected under paragraph (3) to be a county for the 2019 through 2031 crop years.

§ 9018 Producer agreements

(a) Compliance with certain requirements Before the producers on a farm may receive payments under this subchapter with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments— to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq.); to comply with applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq.); to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary; and to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary. The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1). At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary.

(b) Transfer or change of interest in farm Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm for which payments under this subchapter are provided shall result in the termination of the payments, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). The termination shall take effect on the date determined by the Secretary. If a producer entitled to a payment under this subchapter dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment in accordance with rules issued by the Secretary.

(c) Acreage reports As a condition on the receipt of any benefits under this subchapter or subchapter II, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm.

(d) Production reports As an additional condition on receiving agriculture risk coverage payments for individual coverage, the Secretary shall require a producer on a farm to submit to the Secretary annual production reports with respect to all covered commodities produced on all farms in the same State— in which the producer has an interest; and for which individual coverage has been selected.

(e) Effect of inaccurate reports No penalty with respect to benefits under this subchapter or subchapter II shall be assessed against a producer on a farm for an inaccurate acreage or production report unless the Secretary determines that the producer on the farm knowingly and willfully falsified the acreage or production report.

(f) Tenants and sharecroppers In carrying out this subchapter, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.

(g) Sharing of payments The Secretary shall provide for the sharing of payments made under this subchapter among the producers on a farm on a fair and equitable basis.

§ 9019 Repealed. Pub. L. 115–334, title I, § 1108, Dec. 20, 2018, 132 Stat. 4508

§ 9031 Availability of nonrecourse marketing assistance loans for loan commodities

(a) Definition of loan commodity In this subchapter, the term “loan commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.

(b) Nonrecourse loans available For each of the 2014 through 2031 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm. The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 9032 of this title for the loan commodity.

(c) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm.

(d) Compliance with conservation and wetlands requirements As a condition of the receipt of a marketing assistance loan under subsection (b), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq.) during the term of the loan.

(e) Special rules for peanuts This subsection shall apply only to producers of peanuts. A marketing assistance loan under this section, and loan deficiency payments under section 9035 of this title , may be obtained at the option of the producers on a farm through— a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or the Farm Service Agency. As a condition on the approval by the Secretary of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree— to provide the storage on a nondiscriminatory basis; and to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section. To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary. The Secretary shall— require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section. A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality. The Secretary may implement any reimbursable agreements or provide for the payment of administrative expenses under this subsection only in a manner that is consistent with those activities in regard to other loan commodities.

§ 9032 Loan rates for nonrecourse marketing assistance loans

(a) 2014 through 2018 crop years For purposes of each of the 2014 through 2018 crop years, the loan rate for a marketing assistance loan under section 9031 of this title for a loan commodity shall be equal to the following: In the case of wheat, $2.94 p er b u s h e l . I n t h ec a seo f cor n,$ 1.95 per bushel. In the case of grain sorghum, $1.95 p er b u s h e l . I n t h ec a seo f ba r l ey,$ 1.95 per bushel. In the case of oats, $1.39 p er b u s h e l . I n t h ec a seo f ba se q u a l i t yo f u pl an d co tt o n, f ore a c h o f t h e 2014 t h ro ug h 2018 cro p ye a rs, t h es im pl e a v er a g eo f t h e a d j u s t e d p re v ai l in g w or l d p r i ce f or t h e 2 imm e d ia t e l y p rece d in g ma r k e t in g ye a rs, a s d e t er min e d b y t h e S ecre t a ry an d ann o u n ce d O c t o b er 1 p rece d in g t h e n e x t d o m es t i c pl an t in g s, b u t inn oc a se l ess t han$ 0.45 per pound or more than $0.52 p er p o u n d . I n t h ec a seo f e x t r a l o n g s t a pl eco tt o n,$ 0.7977 per pound. In the case of long grain rice, $6.50 p er h u n d re d w e i g h t . I n t h ec a seo f m e d i u m g r ain r i ce,$ 6.50 per hundredweight. In the case of soybeans, $5.00 p er b u s h e l . I n t h ec a seo f o t h ero i l see d s,$ 10.09 per hundredweight for each of the following kinds of oilseeds: Sunflower seed. Rapeseed. Canola. Safflower. Flaxseed. Mustard seed. Crambe. Sesame seed. Other oilseeds designated by the Secretary. In the case of dry peas, $5.40 p er h u n d re d w e i g h t . I n t h ec a seo f l e n t i l s,$ 11.28 per hundredweight. In the case of small chickpeas, $7.43 p er h u n d re d w e i g h t . I n t h ec a seo f l a r g ec hi c k p e a s,$ 11.28 per hundredweight. In the case of graded wool, $1.15 p er p o u n d . I n t h ec a seo f n o n g r a d e d w oo l,$ 0.40 per pound. In the case of mohair, $4.20 p er p o u n d . I n t h ec a seo f h o n ey,$ 0.69 per pound. In the case of peanuts, $355 per ton.

(b) 2019 through 2025 crop years For purposes of each of the 2019 through 2025 crop years, the loan rate for a marketing assistance loan under section 9031 of this title for a loan commodity shall be equal to the following: In the case of wheat, $3.38 p er b u s h e l . I n t h ec a seo f cor n,$ 2.20 per bushel. In the case of grain sorghum, $2.20 p er b u s h e l . I n t h ec a seo f ba r l ey,$ 2.50 per bushel. In the case of oats, $2.00 p er b u s h e l . S u bj ec tt os u b p a r a g r a p h s (B) an d (C), in t h ec a seo f ba se q u a l i t yo f u pl an d co tt o n, t h es im pl e a v er a g eo f t h e a d j u s t e d p re v ai l in g w or l d p r i ce f or t h e 2 imm e d ia t e l y p rece d in g ma r k e t in g ye a rs, a s d e t er min e d b y t h e S ecre t a ry an d ann o u n ce d O c t o b er 1 p rece d in g t h e n e x t d o m es t i c pl an t in g . E x ce pt a s p ro v i d e d in s u b p a r a g r a p h (C), t h e l o an r a t e d e t er min e d u n d ers u b p a r a g r a p h (A) ma y n o t e q u a ll ess t hananam o u n t e q u a lt o 98 p erce n t o f t h e l o an r a t e f or ba se q u a l i t yo f u pl an d co tt o n f or t h e p rece d in g ye a r . T h e l o an r a t e d e t er min e d u n d ers u b p a r a g r a p h (A) ma y n o t b ee q u a lt o anam o u n t — l ess t han$ 0.45 per pound; or more than $0.52 p er p o u n d . I n t h ec a seo f e x t r a l o n g s t a pl eco tt o n,$ 0.95 per pound. In the case of long grain rice, $7.00 p er h u n d re d w e i g h t . I n t h ec a seo f m e d i u m g r ain r i ce,$ 7.00 per hundredweight. In the case of soybeans, $6.20 p er b u s h e l . I n t h ec a seo f o t h ero i l see d s,$ 10.09 per hundredweight for each of the following kinds of oilseeds: Sunflower seed. Rapeseed. Canola. Safflower. Flaxseed. Mustard seed. Crambe. Sesame seed. Other oilseeds designated by the Secretary. In the case of dry peas, $6.15 p er h u n d re d w e i g h t . I n t h ec a seo f l e n t i l s,$ 13.00 per hundredweight. In the case of small chickpeas, $10.00 p er h u n d re d w e i g h t . I n t h ec a seo f l a r g ec hi c k p e a s,$ 14.00 per hundredweight. In the case of graded wool, $1.15 p er p o u n d . I n t h ec a seo f n o n g r a d e d w oo l,$ 0.40 per pound. In the case of mohair, $4.20 p er p o u n d . I n t h ec a seo f h o n ey,$ 0.69 per pound. In the case of peanuts, $355 per ton.

(c) 2026 through 2031 crop years For purposes of each of the 2026 through 2031 crop years, the loan rate for a marketing assistance loan under section 9031 of this title for a loan commodity shall be equal to the following: In the case of wheat, $3.72 p er b u s h e l . I n t h ec a seo f cor n,$ 2.42 per bushel. In the case of grain sorghum, $2.42 p er b u s h e l . I n t h ec a seo f ba r l ey,$ 2.75 per bushel. In the case of oats, $2.20 p er b u s h e l . I n t h ec a seo f u pl an d co tt o n,$ 0.55 per pound. In the case of extra long staple cotton, $1.00 p er p o u n d . I n t h ec a seo f l o n gg r ain r i ce,$ 7.70 per hundredweight. In the case of medium grain rice, $7.70 p er h u n d re d w e i g h t . I n t h ec a seo f soy b e an s,$ 6.82 per bushel. In the case of other oilseeds, $11.10 p er h u n d re d w e i g h t f ore a c h o f t h e f o ll o w in g kin d so f o i l see d s : S u n f l o w ersee d . R a p esee d . C an o l a . S a ff l o w er . Fl a x see d . M u s t a r d see d . C r amb e . S es am esee d . Ot h ero i l see d s d es i g na t e d b y t h e S ecre t a ry . I n t h ec a seo fd ry p e a s,$ 6.87 per hundredweight. In the case of lentils, $14.30 p er h u n d re d w e i g h t . I n t h ec a seo f s ma ll c hi c k p e a s,$ 11.00 per hundredweight. In the case of large chickpeas, $15.40 p er h u n d re d w e i g h t . I n t h ec a seo f g r a d e d w oo l,$ 1.60 per pound. In the case of nongraded wool, $0.55 p er p o u n d . I n t h ec a seo f m o hai r,$ 5.00 per pound. In the case of honey, $1.50 p er p o u n d . I n t h ec a seo f p e an u t s,$ 390 per ton.

(d) Single county loan rate for other oilseeds The Secretary shall establish a single loan rate in each county for each kind of other oilseeds described in subsections (a)(11), (b)(11), and (c)(11).

(e) Seed cotton For purposes of section 9016 (b)(2) of this title and paragraphs (1)(B)(ii) and (2)(A)(ii)(II) of section 9017(b) of this title , the loan rate for seed cotton shall be deemed to be equal to $0.30 per pound. Nothing in this subsection authorizes any nonrecourse marketing assistance loan under this subchapter for seed cotton.

§ 9033 Term of loans

(a) Term of loan In the case of each loan commodity, a marketing assistance loan under section 9031 of this title shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made.

(b) Extensions prohibited The Secretary may not extend the term of a marketing assistance loan for any loan commodity.

§ 9034 Repayment of loans

(a) General rule The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 9031 of this title for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of— the loan rate established for the commodity under section 9032 of this title , plus interest (determined in accordance with section 7283 of this title ); a rate (as determined by the Secretary) that— is calculated based on average market prices for the loan commodity during the preceding 30-day period; and will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will— minimize potential loan forfeitures; minimize the accumulation of stocks of the commodity by the Federal Government; minimize the cost incurred by the Federal Government in storing the commodity; allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries.

(b) Repayment rates for upland cotton, long grain rice, and medium grain rice The Secretary shall permit producers to repay a marketing assistance loan under section 9031 of this title for upland cotton, long grain rice, and medium grain rice at a rate that is the lesser of— the loan rate established for the commodity under section 9032 of this title , plus interest (determined in accordance with section 7283 of this title ); or in the case of long grain rice and medium grain rice, the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section; or in the case of upland cotton, the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section. In the case of a repayment for a marketing assistance loan for upland cotton at a rate described in paragraph (1)(B)(ii), the Secretary shall provide to the producer a refund (if any) in an amount equal to the difference between the lowest prevailing world market price, as determined and adjusted by the Secretary in accordance with this section, during the 30-day period following the date on which the producer repays the marketing assistance loan and the repayment rate.

(c) Repayment rates for extra long staple cotton Repayment of a marketing assistance loan for extra long staple cotton shall be at a rate that is the lesser of— the loan rate established for the commodity under section 9032 of this title , plus interest (determined in accordance with section 7283 of this title ); and the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section.

(d) Prevailing world market price For purposes of this section and section 9037 of this title , the Secretary shall prescribe by regulation— a formula to determine the prevailing world market price for each of upland cotton, long grain rice, medium grain rice, and extra long staple cotton; and a mechanism by which the Secretary shall announce periodically those prevailing world market prices. In the case of upland cotton, for any period when price quotations for Middling (M) 1 3 ⁄ 32 -inch cotton are available, the formula under paragraph (1)(A) shall be based on the average of the 3 lowest-priced growths that are quoted.

(e) Adjustment of prevailing world market price for upland cotton, extra long staple cotton, long grain rice, and medium grain rice The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location. The prevailing world market price for upland cotton determined under subsection (d)— shall be adjusted to United States quality and location, with the adjustment to include— a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 1 3 ⁄ 32 -inch; and the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and may be further adjusted, during the period beginning on February 7, 2014 , and ending on July 31, 2032 , if the Secretary determines the adjustment is necessary— to minimize potential loan forfeitures; to minimize the accumulation of stocks of upland cotton by the Federal Government; to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if— there are insufficient current-crop price quotations; and the forward-crop price quotation is the lowest such quotation available. The prevailing world market price for extra long staple cotton determined under subsection (d)— shall be adjusted to United States quality and location, with the adjustment to include the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and may be further adjusted, during the period beginning on July 4, 2025 , and ending on July 31, 2032 , if the Secretary determines the adjustment is necessary— to minimize potential loan forfeitures; to minimize the accumulation of stocks of extra long staple cotton by the Federal Government; to ensure that extra long staple cotton produced in the United States can be marketed freely and competitively; and to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if— there are insufficient current-crop price quotations; and the forward-crop price quotation is the lowest such quotation available. In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market.

(f) Repayment rates for confectionery and other kinds of sunflower seeds The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 9031 of this title for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of— the loan rate established for the commodity under section 9032 of this title , plus interest (determined in accordance with section 7283 of this title ); or the repayment rate established for oil sunflower seed.

(g) Payment of cotton storage costs Effective for each of the 2014 through 2025 crop years, the Secretary shall make cotton storage payments available in the same manner, and at the same rates as the Secretary provided storage payments for the 2006 crop of cotton, except that the rates shall be reduced by 10 percent. Effective for each of the 2026 through 2031 crop years, the Secretary shall make cotton storage payments for upland cotton and extra long staple cotton available in the same manner as the Secretary provided storage payments for the 2006 crop of upland cotton, except that the payment rate shall be equal to the lesser of— the submitted storage charge for the current marketing year; and in the case of storage in— California or Arizona, a payment rate of $4.90; an d an yo t h er St a t e, a p a y m e n t r a t eo f$ 3.00.

(h) Repayment rate for peanuts The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under section 9031 of this title at a rate that is the lesser of— the loan rate established for peanuts under subsection (a)(20) or (b)(20), as applicable, of section 9032 of this title , plus interest (determined in accordance with section 7283 of this title ); or a rate that the Secretary determines will— minimize potential loan forfeitures; minimize the accumulation of stocks of peanuts by the Federal Government; minimize the cost incurred by the Federal Government in storing peanuts; and allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally.

(i) Authority to temporarily adjust repayment rates In the event of a severe disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise applicable under this section for marketing assistance loans under section 9031 of this title for a loan commodity. Any adjustment made under paragraph (1) in the repayment rate for marketing assistance loans for a loan commodity shall be in effect on a short-term and temporary basis, as determined by the Secretary.

§ 9035 Loan deficiency payments

(a) Availability of loan deficiency payments Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 9031 of this title with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section. Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 9031 of this title . Effective for each of the 2014 through 2031 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.

(b) Computation A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying— the payment rate determined under subsection (c) for the commodity; by the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 9031 of this title .

(c) Payment rate In the case of a loan commodity, the payment rate shall be the amount by which— the loan rate established under section 9032 of this title for the loan commodity; exceeds the rate at which a marketing assistance loan for the loan commodity may be repaid under section 9034 of this title . In the case of unshorn pelts, the payment rate shall be the amount by which— the loan rate established under section 9032 of this title for ungraded wool; exceeds the rate at which a marketing assistance loan for ungraded wool may be repaid under section 9034 of this title . In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which— the loan rate established under section 9032 of this title for the loan commodity from which the hay or silage is derived; exceeds the rate at which a marketing assistance loan for the loan commodity may be repaid under section 9034 of this title .

(d) Exception for extra long staple cotton This section shall not apply with respect to extra long staple cotton.

(e) Effective date for payment rate determination The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.

§ 9036 Payments in lieu of loan deficiency payments for grazed acreage

(a) Eligible producers Effective for each of the 2014 through 2031 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 9035 of this title for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage. Effective for each of the 2014 through 2031 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.

(b) Payment amount The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying— the loan deficiency payment rate determined under section 9035(c) of this title in effect, as of the date of the agreement, for the county in which the farm is located; by the payment quantity determined by multiplying— the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and the payment yield in effect for the calculation of price loss coverage under section 9015 of this title with respect to that loan commodity on the farm; in the case of a farm for which agriculture risk coverage is elected under section 9016(a) of this title , the payment yield that would otherwise be in effect with respect to that loan commodity on the farm in the absence of such election; or in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an appropriate yield established by the Secretary in a manner consistent with section 9013(c) of this title . The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— the loan deficiency payment rate determined under section 9035(c) of this title in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by the payment quantity determined by multiplying— the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and the payment yield in effect for the calculation of price loss coverage under subchapter I with respect to wheat on the farm; in the case of a farm for which agriculture risk coverage is elected under section 9016(a) of this title , the payment yield that would otherwise be in effect for wheat on the farm in the absence of such election; or in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield established by the Secretary in a manner consistent with section 9013(c) of this title .

(c) Time, manner, and availability of payment A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 9035 of this title . The Secretary shall establish an availability period for the payments authorized by this section. In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subchapter.

(d) Prohibition on crop insurance indemnity or noninsured crop assistance A 2014 through 2031 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 7333 of this title .

§ 9037 Special marketing loan provisions for upland cotton

(a) Special import quota In this subsection, the term “special import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. The President shall carry out an import quota program beginning on August 1, 2014 , as provided in this subsection. Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1 3 ⁄ 32 -inch cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota. The quota shall be equal to the consumption during a 1-week period of cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary. The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary’s announcement under paragraph (2) and entered into the United States not later than 180 days after that date. A special quota period may be established that overlaps any existing quota period if required by paragraph (2), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (b). The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of— section 2703(d) of title 19 ; section 3203 of title 19 ; section 2463(d) of title 19 ; and General Note 3(a)(iv) to the Harmonized Tariff Schedule. The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 10 weeks’ consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.

(b) Limited global import quota for upland cotton In this subsection: The term “demand” means— the average seasonally adjusted annual rate of domestic mill consumption of cotton during the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary; and the larger of— average exports of upland cotton during the preceding 6 marketing years; or cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established. The term “limited global import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. The term “supply” means, using the latest official data of the Department of Agriculture— the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established; production of the current crop; and imports to the latest date available during the marketing year. The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions: The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary. If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand. The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of— section 2703(d) of title 19 ; section 3203 of title 19 ; section 2463(d) of title 19 ; and General Note 3(a)(iv) to the Harmonized Tariff Schedule. When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary. Notwithstanding paragraph (2), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a).

(c) Economic adjustment assistance for textile mills Subject to paragraph (2), the Secretary shall, on a monthly basis, make economic adjustment assistance available to domestic users of upland cotton in the form of payments for all documented use of that upland cotton during the previous monthly period regardless of the origin of the upland cotton. The value of the assistance provided under paragraph (1) shall be— for the period beginning on August 1, 2013 , and ending on July 31, 2025 , 3 cents per pound; and beginning on August 1, 2025 , 5 cents per pound. Economic adjustment assistance under this subsection shall be made available only to domestic users of upland cotton that certify that the assistance shall be used only to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery. The Secretary may conduct such review or audit of the records of a domestic user under this subsection as the Secretary determines necessary to carry out this subsection. If the Secretary determines, after a review or audit of the records of the domestic user, that economic adjustment assistance under this subsection was not used for the purposes specified in paragraph (3), the domestic user shall be— liable for the repayment of the assistance to the Secretary, plus interest, as determined by the Secretary; and ineligible to receive assistance under this subsection for a period of 1 year following the determination of the Secretary.

§ 9038 Special competitive provisions for extra long staple cotton

(a) Competitiveness program Notwithstanding any other provision of law, during the period beginning on February 7, 2014 , through July 31, 2032 , the Secretary shall carry out a program— to maintain and expand the domestic use of extra long staple cotton produced in the United States; to increase exports of extra long staple cotton produced in the United States; and to ensure that extra long staple cotton produced in the United States remains competitive in world markets.

(b) Payments under program; trigger Under the program, the Secretary shall make payments available under this section whenever— for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 113 percent of the loan rate for extra long staple cotton.

(c) Eligible recipients The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States that enter into an agreement with the Commodity Credit Corporation to participate in the program under this section.

(d) Payment amount Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period.

§ 9039 Availability of recourse loans for high moisture feed grains and seed cotton

(a) High moisture feed grains In this subsection, the term “high moisture state” means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 9031 of this title . For each of the 2014 through 2031 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that— normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state; present— certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary. A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying— the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by the lower of— the payment yield in effect for the calculation of price loss coverage under section 9015 of this title , or the payment yield deemed to be in effect or established under subclause (II) or (III) of section 9036(b)(1)(B)(ii) of this title , with respect to corn or grain sorghum on a field that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained; or the actual yield of corn or grain sorghum on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained.

(b) Recourse loans available for seed cotton For each of the 2014 through 2031 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production.

(c) Recourse loans available for contaminated commodities In the case of a loan commodity that is ineligible for 100 percent of the nonrecourse marketing loan rate in the county due to a determination that the commodity is contaminated yet still merchantable, for each of the 2019 through 2031 crops of such loan commodity, the Secretary shall make available recourse commodity loans, at the rate provided under section 9032 of this title , on any production.

(d) Repayment rates Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 7283 of this title ).

§ 9040 Adjustments of loans

(a) Adjustment authority Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors.

(b) Manner of adjustment The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subchapter and subtitle C.

(c) Adjustment on county basis The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays. Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.

(d) Adjustment in loan rate for cotton The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors. Loan rate adjustments under paragraph (1) may include— the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection; adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3). In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry. Chapter 10 of title 5 shall not apply to consultations under this subsection. The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further adjustments to the administration of the loan program for upland cotton, by revoking or revising any adjustment taken under paragraph (2).

(e) Rice The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields).

§ 9051 Definitions

In this part: The term “actual dairy production margin” means the difference between the all-milk price and the average feed cost, as calculated under section 9052 of this title . The term “all-milk price” means the average price received, per hundredweight of milk, by dairy operations for all milk sold to plants and dealers in the United States, as determined by the Secretary. The term “average feed cost” means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under section 9052 of this title using the sum of the following: The product determined by multiplying 1.0728 by the price of corn per bushel. The product determined by multiplying 0.00735 by the price of soybean meal per ton. The product determined by multiplying 0.0137 by the price of alfalfa hay per ton. The term “dairy operation” means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer— shares in the risk of producing milk; and makes contributions (including land, labor, management, equipment, or capital) to the dairy operation of the individual or entity, which are at least commensurate with the individual or entity’s share of the proceeds of the operation. The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation. The term “dairy margin coverage” means the dairy margin coverage program required by section 9053 of this title . The term “dairy margin coverage payment” means a payment made to a participating dairy operation under dairy margin coverage pursuant to section 9056 of this title . The term “participating dairy operation” means a dairy operation that registers under section 9054 of this title to participate in dairy margin coverage. The term “production history” means the production history determined for a participating dairy operation under subsection (a) or (b) of section 9055 of this title . The term “Secretary” means the Secretary of Agriculture. The term “United States”, in a geographical sense, means the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States. ( Pub. L. 113–79, title I, § 1401 , Feb. 7, 2014 , 128 Stat. 688 ; Pub. L. 115–123, div. F, § 60101(b)(1)(A) , Feb. 9, 2018 , 132 Stat. 311 ; Pub. L. 115–334, title I , §§ 1401(k)(2), 1404(b)(2), Dec. 20, 2018 , 132 Stat. 4516 , 4521; Pub. L. 119–21, title I, § 10313(a)(1) , July 4, 2025 , 139 Stat. 99 .)

§ 9052 Calculation of average feed cost and actual dairy production margins

(a) Calculation of average feed cost The Secretary shall calculate the national average feed cost for each month using the following data: The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary. The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary. The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary.

(b) Calculation of actual dairy production margin For use in dairy margin coverage, the Secretary shall calculate the actual dairy production margin for each month by subtracting— the average feed cost for that month, determined in accordance with subsection (a); from the all-milk price for that month. The calculation required by this subsection shall be made as soon as practicable using the full-month price of the applicable reference month.

§ 9053 Dairy margin coverage

(a) In general The Secretary shall continue to administer a dairy margin coverage program for dairy producers under which participating dairy operations are paid a dairy margin coverage payment when actual dairy production margins are less than the threshold levels for a dairy margin coverage payment.

(b) Regulations Subpart A of part 1430 of title 7, Code of Federal Regulations (as in effect on December 20, 2018 ), shall remain in effect for dairy margin coverage beginning with the 2019 calendar year, except to the extent that the regulations are inconsistent with any provision of this Act.

§ 9054 Participation of dairy operations in dairy margin coverage

(a) Eligibility All dairy operations in the United States shall be eligible to participate in dairy margin coverage to receive dairy margin coverage payments.

(b) Registration process The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in dairy margin coverage, including the establishment of a date each calendar year by which a dairy operation shall register for the calendar year. The Secretary shall extend the election period for the 2018 calendar year by not less than 90 days after February 9, 2018 , or such additional period as the Secretary determines is necessary for dairy operations to make new elections to participate for that calendar year, including dairy operations that elected to so participate before February 9, 2018 . In the case of a dairy operation that, by operation of subsection (d) (as in effect on the day before December 20, 2018 ), was ineligible to participate in the margin protection program for any part of calendar year 2018, the Secretary shall establish a new election period for that calendar year that ends on a date that is not less than 90 days after December 20, 2018 , and the Secretary determines is necessary for dairy operations to make new elections to participate in the margin protection program (as in effect on the day before December 20, 2018 ) for that calendar year, including dairy operations that elected to participate in the livestock gross margin for dairy program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) before February 9, 2018 . For the 2019 calendar year, the Secretary shall— open the election period not later than 60 days after the effective date described in section 1401(m) of the Agriculture Improvement Act of 2018; and hold that election period open for not less than 90 days. If a participating dairy operation is operated by more than 1 dairy producer, the dairy producers of the dairy operation who elect to participate shall be treated as a single dairy operation for purposes of participating in dairy margin coverage. Subparagraph (A) shall not be construed to allow a producer to adjust the proportion of their share covered under tier I or tier II premiums from the proportion covered for the operation. If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to participate in dairy margin coverage.

(c) Annual administrative fee Each participating dairy operation shall— pay an administrative fee to register to participate in dairy margin coverage; and pay the administrative fee annually through the duration of dairy margin coverage specified in section 9059 of this title . The administrative fee for a participating dairy operation shall be $100. The Secretary shall use administrative fees collected under this subsection to cover administrative costs incurred to carry out dairy margin coverage. A limited resource, beginning, veteran, or socially disadvantaged farmer, as defined by the Secretary, shall be exempt from the administrative fee under this subsection.

§ 9055 Production history of participating dairy operations

(a) Production history Except as provided in subsection (b), the production history of a dairy operation for dairy margin coverage is equal to the highest annual milk marketings of the participating dairy operation during any 1 of the 2021, 2022, or 2023 calendar years.

(b) Election by new dairy operations In the case of a participating dairy operation that has been in operation for less than a year, the participating dairy operation shall elect 1 of the following methods for the Secretary to determine the production history of the participating dairy operation: The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount. An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary.

(c) Required information A participating dairy operation shall provide all information that the Secretary may require in order to establish the production history of the participating dairy operation for purposes of participating in dairy margin coverage.

(d) Limitation on changes to business structure The Secretary may not make dairy margin coverage payments to a participating dairy operation if the Secretary determines that the participating dairy operation has reorganized the structure of such operation solely for the purpose of qualifying as a new operation under subsection (b).

§ 9056 Dairy margin coverage payments

(a) Coverage level threshold and coverage percentage For purposes of receiving dairy margin coverage payments for a month, a participating dairy operation shall annually elect a coverage level threshold that is equal to $4.00,$ 4.50, $5.00,$ 5.50, $6.00,$ 6.50, $7.00,$ 7.50, $8.00,$ 8.50, $9.00, or$ 9.50. Except as provided in subparagraph (C), the coverage level threshold elected under subparagraph (A) shall apply to the covered production elected by the participating dairy operation under paragraph (2). In the case of a participating dairy operation that elects a coverage level threshold of $8.50,$ 9.00, or $9.50 u n d ers u b p a r a g r a p h (A) — t ha t co v er a g e l e v e lt h res h o l d s ha ll a ppl y t o t h e f i rs t 6, 000, 000 p o u n d so f mi l kma r k e t in g s in c l u d e d in t h eco v ere d p ro d u c t i o n e l ec t e d b y t h e p a r t i c i p a t in g d ai ryo p er a t i o n; an d t h e p a r t i c i p a t in g d ai ryo p er a t i o n s ha ll e l ec t a co v er a g e l e v e lt h res h o l d t ha t i se q u a lt o$ 4.00, $4.50,$ 5.00, $5.50,$ 6.00, $6.50,$ 7.00, $7.50, or$ 8.00 to apply to milk marketings in excess of 6,000,000 pounds included in the covered production elected by the participating dairy operation. For purposes of receiving dairy margin coverage payments for a month, a participating dairy operation shall annually elect a percentage of coverage, in 5-percent increments, not exceeding 95 percent of the production history of the participating dairy operation.

(b) Payment threshold A participating dairy operation shall receive a dairy margin coverage payment whenever the average actual dairy production margin for a month is less than the coverage level threshold selected by the participating dairy operation.

(c) Amount of payment The dairy margin coverage payment for the participating dairy operation shall be determined as follows: The Secretary shall calculate the amount by which the coverage level threshold selected by the participating dairy operation exceeds the average actual dairy production margin for the month. The amount determined under paragraph (1) shall be multiplied by— the coverage percentage selected by the participating dairy operation; and the production history of the participating dairy operation divided by 12.

§ 9057 Premiums for dairy margin coverage

(a) Calculation of premiums For purposes of participating in dairy margin coverage, a participating dairy operation shall pay an annual premium equal to the product obtained by multiplying— the coverage percentage elected by the participating dairy operation under section 9056(a)(2) of this title ; the production history of the participating dairy operation; and the premium per hundredweight of milk imposed by this section for the coverage level selected.

(b) Tier I: premium per hundredweight for first 6,000,000 pounds of production For the first 6,000,000 pounds of milk marketings included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2). Except as provided in subsection (g), the following annual premiums apply: Coverage Level Premium per Cwt. $4.00 N o n e$ 4.50 $0.0025$ 5.00 $0.005$ 5.50 $0.030$ 6.00 $0.050$ 6.50 $0.070$ 7.00 $0.080$ 7.50 $0.090$ 8.00 $0.100$ 8.50 $0.105$ 9.00 $0.110$ 9.50 $0.150

(c) Tier II: premium per hundredweight for production in excess of 6,000,000 pounds For milk marketings in excess of 6,000,000 pounds included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2). Except as provided in subsection (g), the following annual premiums apply: Coverage Level Premium per Cwt. $4.00 N o n e$ 4.50 $0.0025$ 5.00 $0.005$ 5.50 $0.100$ 6.00 $0.310$ 6.50 $0.650$ 7.00 $1.107$ 7.50 $1.413$ 8.00 $1.813

(d) Time for payment of premium The Secretary shall provide more than 1 method by which a participating dairy operation may pay the premium required under this section in any manner that maximizes participating dairy operation payment flexibility and dairy margin coverage integrity.

(e) Premium obligations In the case of a participating dairy operation that first registers to participate in dairy margin coverage for a calendar year after the start of the calendar year, the participating dairy operation shall pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the participating dairy operation purchases the coverage. A participating dairy operation in dairy margin coverage for a calendar year shall be legally obligated to pay the applicable premium for that calendar year, except that the Secretary may waive that obligation, under terms and conditions determined by the Secretary, for any participating dairy operation in the case of death, retirement, permanent dissolution of a participating dairy operation, or other circumstances as the Secretary considers appropriate to ensure the integrity of dairy margin coverage.

(f) Repayment of premiums Each dairy operation described in paragraph (2) shall be eligible to receive a repayment from the Secretary in an amount equal to the difference between— the total amount of premiums paid by the participating dairy operation under this section for each applicable calendar year; and the total amount of payments made to the participating dairy operation under section 9056 of this title for that calendar year. A dairy operation that is eligible to receive a repayment under paragraph (1) is a dairy operation that— participated in the margin protection program, as in effect for any of calendar years 2014 through 2017; and submits to the Secretary an application for the repayment at such time, in such manner, and containing such information as the Secretary may require. A dairy operation that is eligible to receive a repayment under paragraph (1) shall elect to receive the repayment— in an amount equal to 75 percent of the repayment calculated under that paragraph as credit that may be used by the dairy operation for dairy margin coverage premiums; or in an amount equal to 50 percent of the repayment calculated under that paragraph as a direct cash repayment. Paragraph (1) shall only apply to a calendar year during the period of calendar years 2014 through 2017 for which the amount described in subparagraph (A) of that paragraph is greater than the amount described in subparagraph (B) of that paragraph.

(g) Premium discount The premium per hundredweight specified in the tables contained in subsections (b) and (c) for each coverage level shall be reduced by 25 percent in accordance with the following: For each of calendar years 2026 through 2031, for a participating dairy operation that makes a 1-time election of coverage level in a tier and of a percentage of coverage under section 9056(a) of this title for the 5-year period beginning in January 2026. For each applicable calendar year through 2031, for a participating dairy operation that— establishes a production history pursuant to section 9055(b) of this title ; and makes a 1-time election of coverage level in a tier and of a percentage of coverage under section 9056(a) of this title for the period beginning with the first available calendar year and ending in December 2031. Notwithstanding the annual elections under section 9056(a) of this title — a 1-time enrollment under this subsection shall remain in effect for the full duration applicable to a participating dairy operation in accordance with paragraph (1) or (2)(B), as applicable; and a participating dairy operation that makes a 1-time enrollment under this subsection and is noncompliant under section 9058 of this title shall be subject to that section.

§ 9058 Effect of failure to pay administrative fees or premiums

(a) Loss of benefits A participating dairy operation that fails to pay the required annual administrative fee under section 9054 of this title or is in arrears on premium payments under section 9057 of this title — remains legally obligated to pay the administrative fee or premiums, as the case may be; and may not receive dairy margin coverage payments until the fees or premiums are fully paid.

(b) Enforcement The Secretary may take such action as necessary to collect administrative fees and premium payments for participation in dairy margin coverage.

§ 9059 Duration

Dairy margin coverage shall end on December 31, 2031 . ( Pub. L. 113–79, title I, § 1409 , Feb. 7, 2014 , 128 Stat. 693 ; Pub. L. 115–334, title I, § 1401 ( l ), Dec. 20, 2018 , 132 Stat. 4518 ; Pub. L. 118–22, div. B, title I, § 102(c)(2)(B)(i) , Nov. 17, 2023 , 137 Stat. 115 ; Pub. L. 118–158, div. D, § 4101(c)(4)(A)(i) , Dec. 21, 2024 , 138 Stat. 1768 ; Pub. L. 119–21, title I, § 10313(d) , July 4, 2025 , 139 Stat. 100 .)

§ 9060 Administration and enforcement

(a) In general The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out dairy margin coverage.

(b) Reconstitution The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving dairy margin coverage payments.

(c) Administrative appeals Using authorities under section 1308(h) of this title and subtitle H of the Department of Agriculture Reorganization Act ( 7 U.S.C. 6991 et seq.), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of dairy margin coverage.

§ 9071 Milk donation program

(a) Definitions In this section: The term “eligible dairy organization” means a dairy farmer (either individually or as part of a cooperative), or a dairy processor, who— accounts to a Federal milk marketing order marketwide pool; and incurs qualified expenses under subsection (e). The term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible milk. The term “eligible milk” means Class I fluid milk products produced and processed in the United States. The term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor. The term “participating partnership” means an eligible partnership for which the Secretary has approved a donation and distribution plan for eligible milk under subsection (c)(2).

(b) Program required; purposes Not later than 180 days after December 20, 2018 , the Secretary shall establish and administer a milk donation program for the purposes of— encouraging the donation of eligible milk; providing nutrition assistance to individuals in low-income groups; and reducing food waste.

(c) Donation and distribution plans To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that— describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk; includes an estimate of the quantity of eligible milk that the eligible partnership will donate each year, based on— preplanned donations; and contingency plans to address unanticipated donations; and describes the rate at which the eligible partnership will be reimbursed, which shall be based on a percentage of the limitation described in subsection (e)(2), not to exceed 100 percent. Not less frequently than annually, the Secretary shall— review donation and distribution plans submitted under paragraph (1); and determine whether to approve or disapprove each of those donation and distribution plans.

(d) Reimbursement On receipt of appropriate documentation under paragraph (2), the Secretary shall reimburse an eligible dairy organization that is a member of a participating partnership on a regular basis for qualified expenses described in subsection (e). An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate the qualified expenses described in subsection (e) of the eligible dairy organization. The Secretary may verify the accuracy of documentation submitted under subparagraph (A) by spot checks and audits. In providing reimbursements under paragraph (1), the Secretary may provide reimbursements for qualified expenses incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary.

(e) Qualified expenses The amount of a reimbursement under subsection (d) shall be an amount equal to the product of— the quantity of eligible milk donated by the eligible dairy organization under a donation and distribution plan approved by the Secretary under subsection (c); and subject to the limitation under paragraph (2), the rate described in that donation and distribution plan under subsection (c)(1)(C). Expenses eligible for reimbursement under subsection (d) shall not exceed the value that an eligible dairy organization incurred by accounting to the Federal milk marketing order pool at the difference in the Class I milk value and the lowest classified price for the applicable month (either Class III milk or Class IV milk).

(f) Preapproval The Secretary shall— establish a process for an eligible partnership to apply for preapproval of donation and distribution plans under subsection (c); and not less frequently than annually, preapprove an amount for qualified expenses described in subsection (e) that the Secretary will allocate for reimbursement under each donation and distribution plan preapproved under subparagraph (A), based on an assessment of— the feasibility of the plan; and the extent to which the plan advances the purposes described in subsection (b). In preapproving amounts for reimbursement under paragraph (1)(B), the Secretary shall give preference to eligible partnerships that will provide funding and in-kind contributions in addition to the reimbursements. The Secretary shall adjust or increase amounts preapproved for reimbursement under paragraph (1)(B) based on performance and demand. The Secretary shall establish a procedure for a participating partnership to request an increase in the amount preapproved for reimbursement under paragraph (1)(B) based on changes in conditions. The Secretary may provide an interim approval of an increase requested under clause (i) and an incremental increase in the amount of reimbursement to the applicable participating partnership to allow time for the Secretary to review the request without interfering with the donation and distribution of eligible milk by the participating partnership.

(g) Prohibition on resale of products An eligible distributor that receives eligible milk donated under this section may not sell the products back into commercial markets. An eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section.

(h) Administration The Secretary shall publicize opportunities to participate in the program established under this section.

(i) Reviews The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.

(j) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $9, 000, 000 f or f i sc a l ye a r 2019, an d$ 5,000,000 for each fiscal year thereafter, to remain available until expended.

§ 9071a Dairy donation program

(a) Definitions In this section: The term “eligible dairy organization” has the meaning given the term in section 9071(a) of this title . The term “eligible dairy product” means a product primarily made from milk, including fluid milk, that is produced and processed in the United States. The term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families. The term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor.

(b) Establishment and purposes Not later than 60 days after December 27, 2020 , the Secretary shall establish and administer a dairy donation program for the purposes of— facilitating the timely donation of eligible dairy products; and preventing and minimizing food waste.

(c) Donation and distribution plans To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products. Not later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall— review that plan; and issue an approval or disapproval of that plan. In receiving and reviewing a donation and distribution plan submitted under paragraph (1), the Secretary shall determine whether an emergency or disaster was a substantial factor in the submission, including— a declared or renewed public health emergency under section 247d of title 42 ; and a disaster designated by the Secretary. On making an affirmative determination under clause (i) with respect to a donation and distribution plan submitted under paragraph (1), the Secretary shall give priority to the approval or disapproval of that plan.

(d) Reimbursement On receipt of appropriate documentation under paragraph (3), the Secretary shall reimburse an eligible dairy organization that is a member of an eligible partnership for which the Secretary has approved a donation and distribution plan under subsection (c)(2)(A)(ii) at a rate equal to the product obtained by multiplying— the current reimbursement price described in paragraph (2); and the volume of milk required to make the donated eligible dairy product. The Secretary— shall set the reimbursement price referred to in paragraph (1)(A) at a value that shall— be representative of the cost of the milk required to make the donated eligible dairy product; be between the lowest and highest of the class I, II, III, or IV milk prices on the date of the production of the eligible dairy product; be sufficient to avoid food waste; and not interfere with the commercial marketing of milk or dairy products; may set appropriate reimbursement prices under subparagraph (A) for different eligible dairy products by class and region for the purpose of— encouraging the donation of surplus eligible dairy products; facilitating the orderly marketing of milk; reducing volatility relating to significant market disruptions; maintaining traditional price relationships between classes of milk; or stabilizing on-farm milk prices. An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate— the production of the eligible dairy product; and the donation of the eligible dairy product to an eligible distributor. The Secretary may verify the accuracy of documentation submitted under subparagraph (A). In providing reimbursements under paragraph (1), the Secretary may provide reimbursements for eligible dairy product costs incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary under subsection (c)(2)(A)(ii). In providing reimbursements under paragraph (1), the Secretary shall give priority to reimbursements to eligible dairy organizations covered by a donation and distribution plan for which the Secretary makes an affirmative determination under subsection (c)(2)(B)(i).

(e) Prohibition on resale of products An eligible distributor that receives eligible dairy products donated under this section may not sell the eligible dairy products into commercial markets. An eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section.

(f) Reviews The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.

(g) Publication of donation activity The Secretary, acting through the Administrator of the Agricultural Marketing Service, shall publish on the publicly accessible website of the Agricultural Marketing Service periodic reports describing donation activity under this section.

(h) Supplemental reimbursements The Secretary shall make a supplemental reimbursement to an eligible dairy organization that received a reimbursement under the milk donation program established under section 9071 of this title during the period beginning on January 1, 2020 , and ending on the date on which amounts made available under subsection (i) are no longer available. A supplemental reimbursement described in paragraph (1) shall be an amount equal to— the reimbursement calculated under subsection (d); minus the reimbursement under the milk donation program described in paragraph (1).

(i) Funding Out of any amounts of the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this section $400,000,000, to remain available until expended.

§ 9081 Supplemental agricultural disaster assistance

(a) Definitions In this section: The term “covered producer” means an eligible producer on a farm that is— as determined by the Secretary— a beginning farmer or rancher; a socially disadvantaged farmer or rancher; or a limited resource farmer or rancher; or a veteran farmer or rancher, as defined in section 2279(a) of this title . The term “eligible producer on a farm” means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock. An individual or entity referred to in subparagraph (A) is— a citizen of the United States; a resident alien; an Indian tribe or tribal organization (as those terms are defined in section 5304 of title 25 ); a partnership of citizens of the United States; or a corporation, limited liability corporation, or other farm organizational structure organized under State law. The term “farm-raised fish” means any aquatic species that is propagated and reared in a controlled environment. The term “livestock” includes— cattle (including dairy cattle); bison; poultry; sheep; swine; horses; and other livestock, as determined by the Secretary. The term “Secretary” means the Secretary of Agriculture.

(b) Livestock indemnity payments For fiscal year 2012 and each succeeding fiscal year, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to make livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality, sold livestock for a reduced sale price, or both as determined by the Secretary, due to— attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves and avian predators; adverse weather, as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold, on the condition that in the case of the death loss of unweaned livestock due to that adverse weather, the Secretary may disregard any management practice, vaccination protocol, or lack of vaccination by the eligible producer on a farm; or disease that, as determined by the Secretary— is caused or transmitted by a vector; and is not susceptible to control by vaccination or acceptable management practices. Indemnity payments to an eligible producer on a farm under paragraph (1)(A) shall be made at a rate of 100 percent of the market value of the affected livestock on the applicable date, as determined by the Secretary. Indemnity payments to an eligible producer on a farm under subparagraph (B) or (C) of paragraph (1) shall be made at a rate of 75 percent of the market value of the affected livestock on the applicable date, as determined by the Secretary. In determining the market value described in subparagraphs (A) and (B), the Secretary may consider the ability of eligible producers to document regional price premiums for affected livestock that exceed the national average market price for those livestock. In this paragraph, the term “applicable date” means, with respect to livestock, as applicable— the day before the date of death of the livestock; or the day before the date of the event that caused the harm to the livestock that resulted in a reduced sale price. The Secretary shall ensure that payments made to an eligible producer under paragraph (1) are not made for the same livestock losses for which compensation is provided pursuant to section 8306(d) of this title . A payment made under paragraph (1) to an eligible producer on a farm that sold livestock for a reduced sale price shall— be made if the sale occurs within a reasonable period following the event, as determined by the Secretary; and be reduced by the amount that the producer received for the sale. In the case of unborn livestock death losses incurred on or after January 1, 2024 , the Secretary shall make an additional payment to eligible producers on farms that have incurred such losses in excess of the normal mortality due to a condition specified in paragraph (1). Additional payments under subparagraph (A) shall be made at a rate— determined by the Secretary; and less than or equal to 85 percent of the payment rate established with respect to the lowest weight class of the livestock, as determined by the Secretary, acting through the Administrator of the Farm Service Agency. The amount of a payment to an eligible producer that has incurred unborn livestock death losses shall be equal to the payment rate determined under subparagraph (B) multiplied, in the case of livestock described in— subparagraph (A), (B), or (F) of subsection (a)(4), by 1; subparagraph (D) of such subsection, by 2; subparagraph (E) of such subsection, by 12; and subparagraph (G) of such subsection, by the average number of birthed animals (for one gestation cycle) for the species of each such livestock, as determined by the Secretary. In this paragraph, the term “unborn livestock death losses” means losses of any livestock described in subparagraph (A), (B), (D), (E), (F), or (G) of subsection (a)(4) that was gestating on the date of the death of the livestock.

(c) Livestock forage disaster program In this subsection: Except as provided in clause (ii), the term “covered livestock” means livestock of an eligible livestock producer that, during the 60 days prior to the beginning date of a qualifying drought or fire condition, as determined by the Secretary, the eligible livestock producer— owned; leased; purchased; entered into a contract to purchase; is a contract grower; or sold or otherwise disposed of due to qualifying drought conditions during— the current production year; or subject to paragraph (3)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year. The term “covered livestock” does not include livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire condition, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary. The term “drought monitor” means a system for classifying drought severity according to a range of abnormally dry to exceptional drought, as defined by the Secretary. The term “eligible livestock producer” means an eligible producer on a farm that— is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the livestock; provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by drought; certifies grazing loss; and meets all other eligibility requirements established under this subsection. The term “eligible livestock producer” does not include an owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis. The term “normal carrying capacity”, with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph (3)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of a drought or fire that diminishes the production of the grazing land or pastureland. The term “normal grazing period”, with respect to a county, means the normal grazing period during the calendar year for the county, as determined under paragraph (3)(D)(i). For fiscal year 2012 and each succeeding fiscal year, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to— a drought condition, as described in paragraph (3); or fire, as described in paragraph (4). An eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur on land that— is native or improved pastureland with permanent vegetative cover; or is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. An eligible livestock producer may not receive assistance under this subsection for grazing losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq.). Except as provided in clause (ii), the payment rate for assistance under this paragraph for 1 month shall, in the case of drought, be equal to 60 percent of the lesser of— the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer. In the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in 1 or both of the 2 production years immediately preceding the current production year, as determined by the Secretary, the payment rate shall be 80 percent of the payment rate otherwise calculated in accordance with clause (i). The monthly feed cost shall equal the product obtained by multiplying— 30 days; a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); and a payment rate that is equal to the corn price per pound, as determined under clause (iii). For purposes of clause (i)(II), the feed grain equivalent shall equal— in the case of an adult beef cow, 15.7 pounds of corn per day; or in the case of any other type of weight of livestock, an amount determined by the Secretary that represents the average number of pounds of corn per day necessary to feed the livestock. For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing— the higher of— the national average corn price per bushel for the 12-month period immediately preceding March 1 of the year for which the disaster assistance is calculated; or the national average corn price per bushel for the 24-month period immediately preceding that March 1; by 56. The Secretary shall determine the normal carrying capacity and normal grazing period for each type of grazing land or pastureland in the county served by the applicable committee. No change to the normal carrying capacity or normal grazing period established for a county under subclause (I) shall be made unless the change is requested by the appropriate State and county Farm Service Agency committees. An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity in any area of the county for not less than— 4 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B); or 7 of the previous 8 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 2 monthly payments using the monthly payment rate determined under subparagraph (B). An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph— in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B); if the county is rated as having a D3 (extreme drought) intensity in any area of the county for at least 4 weeks during the normal grazing period for the county, or is rated as having a D4 (exceptional drought) intensity in any area of the county at any time during the normal grazing period, in an amount equal to 4 monthly payments using the monthly payment rate determined under subparagraph (B); or if the county is rated as having a D4 (exceptional drought) intensity in any area of the county for at least 4 weeks during the normal grazing period, in an amount equal to 5 monthly payments using the monthly rate determined under subparagraph (B). An eligible livestock producer may receive assistance under this paragraph only if— the grazing losses occur on rangeland that is managed by a Federal agency; and the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire. The payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (3)(C). Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period— beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; and ending on the last day of the Federal lease of the eligible livestock producer. An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year. An eligible livestock producer may elect to receive assistance for grazing or pasture feed losses due to drought conditions under paragraph (3) or fire under paragraph (4), but not both for the same loss, as determined by the Secretary.

(d) Emergency assistance for livestock, honey bees, and farm-raised fish For fiscal year 2012 and each succeeding fiscal year, the Secretary shall use the funds of the Commodity Credit Corporation to provide emergency relief to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease (including cattle tick fever), adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c). Funds made available under this subsection shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Secretary, including inspections of cattle tick fever. Any funds made available under this subsection shall remain available until expended. In the case of a covered producer that is eligible to receive assistance under this subsection, the Secretary shall provide reimbursement of 90 percent of the cost of losses described in paragraph (1) or (2). In this paragraph, the term “farm-raised fish” means fish propagated and reared in a controlled fresh water environment. Eligible producers of farm-raised fish, including fish grown as food for human consumption, shall be eligible to receive payments under this subsection to aid in the reduction of losses due to piscivorous birds. The payment rate for payments under subparagraph (B) shall be determined by the Secretary, taking into account— costs associated with the deterrence of piscivorous birds; the value of lost fish and revenue due to bird depredation; and costs associated with disease loss from bird depredation. The payment rate for payments under subparagraph (B) shall be not less than $600 per acre of farm-raised fish. The amount of a payment under subparagraph (B) shall be the product obtained by multiplying— the applicable payment rate under subparagraph (C); and 85 percent of the total number of acres of farm-raised fish farms that the eligible producer has in production for the calendar year.

(e) Tree assistance program In this subsection: The term “eligible orchardist” means a person that produces annual crops from trees for commercial purposes. The term “natural disaster” means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. The term “nursery tree grower” means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary. The term “tree” includes a tree, bush, and vine. Subject to subparagraph (B), for fiscal year 2012 and each succeeding fiscal year, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance— under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary. An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds normal mortality. Subject to paragraphs (4) and (5), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of— reimbursement of 65 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of normal mortality; or at the option of the Secretary, sufficient seedlings to reestablish a stand; and reimbursement of 65 percent of the cost of pruning, removal, and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of normal tree damage or mortality. In this paragraph, the terms “legal entity” and “person” have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) ). The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 1,000 acres. Subject to paragraph (4), in the case of a beginning farmer or rancher or a veteran farmer or rancher (as those terms are defined in subsection (a) of section 2279 of this title ) that is eligible to receive assistance under this subsection, the Secretary shall provide reimbursement of 75 percent of the costs under subparagraphs (A)(i) and (B) of paragraph (3).

(f) Payment limitations In this subsection, the terms “legal entity” and “person” have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) ). The total amount of disaster assistance payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under subsection (c) may not exceed $125,000 for any crop year. Subsections (e) and (f) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section.

§ 9091 Administration generally

(a) Use of Commodity Credit Corporation The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.

(b) Determinations by Secretary A determination made by the Secretary under this chapter shall be final and conclusive.

(c) Regulations Except as otherwise provided in this subsection, not later than 90 days after February 7, 2014 , the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter. The promulgation of the regulations and administration of this chapter and the amendments made by this chapter, sections 11003 and 11017, title I of the Agriculture Improvement Act of 2018 and the amendments made by that title, and section 10109 of that Act shall be made without regard to— the notice and comment provisions of section 553 of title 5 ; and chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”). In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5 .

(d) Adjustment authority related to trade agreements compliance If the Secretary determines that expenditures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 3501 of title 19 ) will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed the allowable levels. Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the determination made under that paragraph and the extent of the adjustment to be made.

§ 9092 Suspension of permanent price support authority

(a) Agricultural Adjustment Act of 1938 The following provisions of the Agricultural Adjustment Act of 1938 [ 7 U.S.C. 1281 et seq.] shall not be applicable to the 2014 through 2023 crops of covered commodities (as defined in section 9011 of this title ), cotton, and sugar and shall not be applicable to milk during the period beginning on February 7, 2014 , through December 31, 2023 : Parts II through V of subtitle B of title III ( 7 U.S.C. 1326 et seq.) [ 7 U.S.C. 1321 et seq., 1331 et seq., 1341 et seq., 1351]. In the case of upland cotton, section 377 ( 7 U.S.C. 1377 ). Subtitle D of title III ( 7 U.S.C. 1379a et seq.). Title IV ( 7 U.S.C. 1401 et seq.).

(b) Agricultural Act of 1949 The following provisions of the Agricultural Act of 1949 [ 7 U.S.C. 1421 et seq.] shall not be applicable to the 2014 through 2023 crops of covered commodities (as defined in section 9011 of this title ), cotton, and sugar and shall not be applicable to milk during the period beginning on February 7, 2014 , and through December 31, 2023 : Section 101 ( 7 U.S.C. 1441 ). Section 103(a) ( 7 U.S.C. 1444(a) ). Section 105 ( 7 U.S.C. 1444b ). Section 107 ( 7 U.S.C. 1445a ). Section 110 ( 7 U.S.C. 1445e ). Section 112 ( 7 U.S.C. 1445g ). Section 115 ( 7 U.S.C. 1445k ). Section 201 ( 7 U.S.C. 1446 ). Title III ( 7 U.S.C. 1447 et seq.). Title IV ( 7 U.S.C. 1421 et seq.), other than sections 404, 412, and 416 ( 7 U.S.C. 1424 , 1429, and 1431). Title V ( 7 U.S.C. 1461 et seq.). Title VI ( 7 U.S.C. 1471 et seq.).

(c) Suspension of certain quota provisions The joint resolution entitled “A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended”, approved May 26, 1941 ( 7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 2014 through 2023.

§ 9093 Prevention of deceased individuals receiving payments under farm commodity programs

(a) Reconciliation At least twice each year, the Secretary shall reconcile Social Security numbers of all individuals who receive payments under this chapter, whether directly or indirectly, with the Commissioner of Social Security to determine if the individuals are alive.

(b) Preclusion The Secretary shall preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for payments.

§ 9094 Assignment of payments

(a) In general The provisions of section 590h(g) of title 16 , relating to assignment of payments, shall apply to payments made under this chapter.

(b) Notice The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section.

§ 9095 Tracking of benefits

As soon as practicable after February 7, 2014 , the Secretary may track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles. ( Pub. L. 113–79, title I, § 1612 , Feb. 7, 2014 , 128 Stat. 710 .)

§ 9096 Signature authority

(a) In general In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature.

(b) Affirmation Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a). A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers— relied on the prior approval by the Secretary of the documents in good faith; and substantively complied with all program requirements.

§ 9097 Implementation

(a) Maintenance of base acres and payment yields The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013 , and as adjusted pursuant to sections 9012 and 9013 of this title.

(b) Streamlining In implementing this chapter and the amendments made by this title, 1 the Secretary shall— continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that— a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary— establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture; on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login; not later than September 30, 2020 , the Administrator of the Risk Management Agency and the Administrator of the Farm Service Agency shall implement a consistent method for determining crop acreage, acreage yields, farm acreage, property descriptions, and other common informational requirements, including measures of common land units; except in the case of misrepresentation, fraud, or scheme and device, no crop insurance agent, approved insurance provider, or employee or contractor of a crop insurance agency or approved insurance provider bears responsibility or liability under the Acreage Crop Reporting and Streamlining Initiative (or any successor or similar initiative) for the eligibility of a producer for a program administered by the Department of Agriculture, not including a policy or plan of insurance offered under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.); and on request of a crop insurance agent or approved insurance provider required to deliver policies and plans of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) the crop insurance agent or approved insurance provider receives, in a timely manner, any information held by the Farm Service Agency that is necessary to ensure effective crop insurance coverage for farmer customers; continue to improve coordination, information sharing, and administrative work among the Farm Service Agency, Risk Management Agency, Natural Resources Conservation Service, and other agencies, as determined by the Secretary; continue to take advantage of new technologies to enhance the efficiency and effectiveness of the delivery of Department of Agriculture programs to producers, including by developing and making publicly available data standards and security procedures to allow third-party providers to develop applications that use or feed data (including geospatial and precision agriculture data) into the datasets and analyses of the Department of Agriculture; and reduce administrative burdens on producers participating in price loss coverage or agriculture risk coverage by offering— those producers an option to remotely and electronically sign annual contracts for that coverage; and to the maximum extent practicable, an option to sign a multiyear contract for that coverage.

(c) Implementation The Secretary shall make available to the Farm Service Agency to carry out this chapter $100, 000, 000. I f, b y S e pt e mb er 30, 2014, t h e S ecre t a ry n o t i f i es t h e C o mmi tt eeo n A g r i c u lt u reo f t h eHo u seo f R e p rese n t a t i v es an d t h e C o mmi tt eeo n A g r i c u lt u re, N u t r i t i o n, an d F ores t ryo f t h e S e na t e t ha tt h e F a r m S er v i ce A g e n cy ha s ma d es u b s t an t ia lp ro g ress t o w a r d im pl e m e n t in g t h ere q u i re m e n t so f s u b sec t i o n (b) (1), t h e S ecre t a rys ha ll mak e a v ai l ab l e t o t h e F a r m S er v i ce A g e n cy t oc a rryo u tt hi sc ha pt er$ 10,000,000 on October 1, 2014 . The amount made available under this subparagraph is in addition to the amount made available under paragraph (1). If, by September 30, 2015 , the Secretary notifies the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that the requirements of subsection (b)(1) have been fully implemented and those Committees provide written concurrence to the Secretary, the Secretary shall make available to the Farm Service Agency to carry out this chapter $10, 000, 000 o n t h e d a t e t h e w r i tt e n co n c u rre n ce i s p ro v i d e d or O c t o b er 1, 2015, w hi c h e v er i s l a t er . T h e am o u n t ma d e a v ai l ab l e u n d er t hi ss u b p a r a g r a p hi s ina dd i t i o n t o t h e am o u n t ma d e a v ai l ab l e u n d er p a r a g r a p h (1) an d an y am o u n t ma d e a v ai l ab l e u n d ers u b p a r a g r a p h (A) . O f t h e f u n d s ma d e a v ai l ab l e u n d er p a r a g r a p h (1), t h e S ecre t a rys ha llp ro v i d e$ 3,000,000 to State extension services for the purpose of educating farmers and ranchers on the options made available under subchapters I, III, and IV of this chapter and under section 7333 of this title . Of the funds made available under paragraph (1), the Secretary shall use $3, 000, 000 t os u pp or tq u a l i f i e d u ni v ers i t i es (or u ni v ers i t y - ba se d or g ani z a t i o n s) t ha t re p rese n t a d i v ers i t yo f re g i o n s an d co mm o d i t i es (in c l u d in g d ai ry), p ossesse x p er t i sere g a r d in g t h e p ro g r am s a u t h or i ze d b y t hi s A c t, ha v e ahi s t ory in t h e d e v e l o p m e n t o fd ec i s i o nai d s an d p ro d u cero u t re a c hini t ia t i v esre g a r d in g f a r m r i s kmana g e m e n tp ro g r am s, an d a re ab l e t o m ee tt h e d e a d l in ees t ab l i s h e d p u rs u an tt oc l a u se (ii) t o d e v e l o pw e b - ba se dd ec i s i o nai d s t o a ss i s tp ro d u cers in u n d ers t an d in g a v ai l ab l eo pt i o n s d escr ib e d in s u b p a r a g r a p h (A) an d t o t r ain p ro d u cers t o u se t h ese d ec i s i o nai d s . T o t h e ma x im u m e x t e n tp r a c t i c ab l e, t h e S ecre t a rys ha ll — o b l i g a t e t h e f u n d s ma d e a v ai l ab l e u n d erc l a u se (i) w i t hin 30 d a ys a f t er F e b r u a ry 7, 2014; an d re q u i re t h e p ro d u c t s d escr ib e d in c l a u se (i) t o b e ma d e a v ai l ab l e t o p ro d u cerso n t h e in t er n e tw i t hina re a so nab l e p er i o d o f t im e, a s d e t er min e d b y t h e S ecre t a ry, a f t er t h e im pl e m e n t a t i o n o f t h e f i rs t r u l e im pl e m e n t in g p ro g r am sre q u i re d u n d ers u b c ha pt er I o f t hi sc ha pt er . T h e S ecre t a rys ha ll mak e a v ai l ab l e t o t h e F a r m S er v i ce A g e n cy t oc a rryo u tt i tl e I o f t h e A g r i c u lt u re I m p ro v e m e n t A c t o f 2018 an d t h e am e n d m e n t s ma d e b y t ha tt i tl e$ 15,500,000. The Secretary shall make available to carry out subtitle C of title I of the Act entitled “An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14” (119th Congress) and the amendments made by that subtitle $50, 000, 000, t ore maina v ai l ab l e u n t i l e x p e n d e d, o f w hi c h — n o tl ess t han$ 5,000,000 shall be used to carry out paragraphs (3) and (4) of subsection (b); $3, 000, 000 s ha ll b e u se df or a c t i v i t i es d escr ib e d in p a r a g r a p h (3) (A);$ 3,000,000 shall be used for activities described in paragraph (3)(B); $9, 000, 000 s ha ll b e u se d — t oc a rryo u t man d a t orys u r v eyso fd ai ry p ro d u c t i o n cos t an d p ro d u c t y i e l d in f or ma t i o n t o b ere p or t e d b y man u f a c t u rersre q u i re d t ore p or t u n d ersec t i o n 1637 b o f t hi s t i tl e, f or a llp ro d u c t s p rocesse d in t h es am e f a c i l i t yor f a c i l i t i es; an d t o p u b l i s h t h eres u lt so f s u c h s u r v eys bi e nnia ll y; an d$ 1,000,000 shall be used to conduct the study under subsection (d) of 1359kk of this title.

(d) Loan implementation In any crop year in which an order is issued pursuant 2 section 901(a) of title 2 , the Secretary shall use such sums as necessary of the funds of the Commodity Credit Corporation for such crop year to fully restore the support, loan, or assistance that is otherwise required under subtitle B or C, under the amendments made by subtitle B or C, or under the amendments made by subtitle B or C of the Agriculture Improvement Act of 2018, 1 except with respect to the assistance provided under sections 9037(c) and 9038 of this title. In carrying out this subsection, the Secretary shall ensure that when a producer repays a loan at a rate equal to the loan rate plus interest in accordance with the repayment provisions of subtitles 3 B or C that the repayment amount shall include the portion of the loan amount provided under paragraph (1), except that this paragraph shall not affect or reduce marketing loan gains, loan deficiency payments, or forfeiture benefits provided for under subtitles 3 B or C and as supplemented in accordance with paragraph (1).

(e) Deobligation of unliquidated obligations Subject to paragraph (3), any payment obligated or otherwise made available by the Secretary under this chapter on or after December 20, 2018 , that is not disbursed to the recipient by the date that is 5 years after the date on which the payment is obligated or otherwise made available shall— be deobligated; and revert to the Treasury. Subject to paragraph (3), any payment obligated or otherwise made available by the Farm Service Agency (or any predecessor agency of the Department of Agriculture) under the laws described in subparagraph (B) before December 20, 2018 , that is not disbursed by the date that is 5 years after the date on which the payment is obligated or otherwise made available shall— be deobligated; and revert to the Treasury. The laws referred to in subparagraph (A) are any of the following: This chapter. Title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 et seq.). Title I of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7901 et seq.). The Agricultural Market Transition Act ( 7 U.S.C. 7201 et seq.). Titles I through XI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( Public Law 101–624 ; 104 Stat. 3374 ) and the amendments made by those titles. Titles I through X of the Food Security Act of 1985 ( Public Law 99–198 ; 99 Stat. 1362 ) and the amendments made by those titles. Titles I through XI of the Agriculture and Food Act of 1981 ( Public Law 97–98 ; 95 Stat. 1218 ) and the amendments made by those titles. Titles I through X of the Food and Agriculture Act of 1977 ( Public Law 95–113 ; 91 Stat. 917 ) and the amendments made by those titles. The Secretary may delay the date of the deobligation and reversion under paragraph (1) or (2) of any payment— that is the subject of— ongoing administrative review or appeal; litigation; or the settlement of an estate; or for which the Secretary otherwise determines that the circumstances are such that the delay is equitable.

(f) Report Not later than January 1, 2020 , and each January 1 thereafter through January 1, 2023 , the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that was subject to a reduction in benefits under section 7333(a)(4)(B) of this title and section 508( o )(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ( o )(2))— as of the date of submission of the report; and by State and county, relative to the total acres of cropland in the State or county.

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CHAPTER 115 - AGRICULTURAL COMMODITY POLICY AND PROGRAMS

CHAPTER 115 - AGRICULTURAL COMMODITY POLICY AND PROGRAMS

Sections (40)

§ 9001 Definition of Secretary of Agriculture

§ 9011 Definitions

§ 9012 Base acres

§ 9013 Payment yields

§ 9014 Payment acres

§ 9015 Producer election

§ 9016 Price loss coverage

§ 9017 Agriculture risk coverage

§ 9018 Producer agreements

§ 9019 Repealed. Pub. L. 115–334, title I, § 1108, Dec. 20, 2018, 132 Stat. 4508

§ 9031 Availability of nonrecourse marketing assistance loans for loan commodities

§ 9032 Loan rates for nonrecourse marketing assistance loans

§ 9033 Term of loans

§ 9034 Repayment of loans

§ 9035 Loan deficiency payments

§ 9036 Payments in lieu of loan deficiency payments for grazed acreage

§ 9037 Special marketing loan provisions for upland cotton

§ 9038 Special competitive provisions for extra long staple cotton

§ 9039 Availability of recourse loans for high moisture feed grains and seed cotton

§ 9040 Adjustments of loans

§ 9051 Definitions

§ 9052 Calculation of average feed cost and actual dairy production margins

§ 9053 Dairy margin coverage

§ 9054 Participation of dairy operations in dairy margin coverage

§ 9055 Production history of participating dairy operations

§ 9056 Dairy margin coverage payments

§ 9057 Premiums for dairy margin coverage

§ 9058 Effect of failure to pay administrative fees or premiums

§ 9059 Duration

§ 9060 Administration and enforcement

§ 9071 Milk donation program

§ 9071a Dairy donation program

§ 9081 Supplemental agricultural disaster assistance

§ 9091 Administration generally

§ 9092 Suspension of permanent price support authority

§ 9093 Prevention of deceased individuals receiving payments under farm commodity programs

§ 9094 Assignment of payments

§ 9095 Tracking of benefits

§ 9096 Signature authority

§ 9097 Implementation

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Table of Contents

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§ 9001 Definition of Secretary of Agriculture

§ 9011 Definitions

§ 9012 Base acres

§ 9013 Payment yields

§ 9014 Payment acres

§ 9015 Producer election

§ 9016 Price loss coverage

§ 9017 Agriculture risk coverage

§ 9018 Producer agreements

§ 9019 Repealed. Pub. L. 115–334, title I, § 1108, Dec. 20, 2018, 132 Stat. 4508

§ 9031 Availability of nonrecourse marketing assistance loans for loan commodities

§ 9032 Loan rates for nonrecourse marketing assistance loans

§ 9033 Term of loans

§ 9034 Repayment of loans

§ 9035 Loan deficiency payments

§ 9036 Payments in lieu of loan deficiency payments for grazed acreage

§ 9037 Special marketing loan provisions for upland cotton

§ 9038 Special competitive provisions for extra long staple cotton

§ 9039 Availability of recourse loans for high moisture feed grains and seed cotton

§ 9040 Adjustments of loans

§ 9051 Definitions

§ 9052 Calculation of average feed cost and actual dairy production margins

§ 9053 Dairy margin coverage

§ 9054 Participation of dairy operations in dairy margin coverage

§ 9055 Production history of participating dairy operations

§ 9056 Dairy margin coverage payments

§ 9057 Premiums for dairy margin coverage

§ 9058 Effect of failure to pay administrative fees or premiums

§ 9059 Duration

§ 9060 Administration and enforcement

§ 9071 Milk donation program

§ 9071a Dairy donation program

§ 9081 Supplemental agricultural disaster assistance

§ 9091 Administration generally

§ 9092 Suspension of permanent price support authority

§ 9093 Prevention of deceased individuals receiving payments under farm commodity programs

§ 9094 Assignment of payments

§ 9095 Tracking of benefits

§ 9096 Signature authority

§ 9097 Implementation