S 141 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 141CommentsClose CommentsPermalink

To make supplemental agricultural disaster assistance available for fiscal years 2012 and 2013, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 24 (legislative day, January 3), 2013CommentsClose CommentsPermalink

Mr. BAUCUS (for himself, Ms. STABENOW, and Mr. BLUNT) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To make supplemental agricultural disaster assistance available for fiscal years 2012 and 2013, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAMS.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) ELIGIBLE PRODUCER ON A FARM-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘eligible producer on a farm’ means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock.CommentsClose CommentsPermalink





(B) DESCRIPTION- An individual or entity referred to in subparagraph (A) is--CommentsClose CommentsPermalink





(i) a citizen of the United States;CommentsClose CommentsPermalink





(ii) a resident alien;CommentsClose CommentsPermalink





(iii) a partnership of citizens of the United States; orCommentsClose CommentsPermalink





(iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law.CommentsClose CommentsPermalink





(2) FARM-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘farm’ means, in relation to an eligible producer on a farm, the total of all crop acreage in all counties that is planted or intended to be planted for harvest, for sale, or on-farm livestock feeding (including native grassland intended for haying) by the eligible producer.CommentsClose CommentsPermalink





(B) AQUACULTURE- In the case of aquaculture, the term ‘farm’ means, in relation to an eligible producer on a farm, all fish being produced in all counties that are intended to be harvested for sale by the eligible producer.CommentsClose CommentsPermalink





(C) HONEY- In the case of honey, the term ‘farm’ means, in relation to an eligible producer on a farm, all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer.CommentsClose CommentsPermalink





(3) FARM-RAISED FISH- The term ‘farm-raised fish’ means any aquatic species that is propagated and reared in a controlled environment.CommentsClose CommentsPermalink





(4) LIVESTOCK- The term ‘livestock’ includes--CommentsClose CommentsPermalink





(A) cattle (including dairy cattle);CommentsClose CommentsPermalink





(B) bison;CommentsClose CommentsPermalink





(C) poultry;CommentsClose CommentsPermalink





(D) sheep;CommentsClose CommentsPermalink





(E) swine;CommentsClose CommentsPermalink





(F) horses; andCommentsClose CommentsPermalink





(G) other livestock, as determined by the Secretary.CommentsClose CommentsPermalink





(b) Livestock Indemnity Payments-CommentsClose CommentsPermalink





(1) PAYMENTS- For each of fiscal years 2012 and 2013, 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, as determined by the Secretary, due to--CommentsClose CommentsPermalink





(A) attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves; orCommentsClose CommentsPermalink





(B) 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.CommentsClose CommentsPermalink





(2) PAYMENT RATES- Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 65 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary.CommentsClose CommentsPermalink





(3) SPECIAL RULE FOR PAYMENTS MADE DUE TO DISEASE- 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 10407(d) of the Animal Health Protection Act (7 U.S.C. 8306(d)).CommentsClose CommentsPermalink





(c) Livestock Forage Disaster Program-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established a livestock forage disaster program to provide 1 source for livestock forage disaster assistance for weather-related forage losses, as determined by the Secretary, by combining--CommentsClose CommentsPermalink





(A) the livestock forage assistance functions of--CommentsClose CommentsPermalink





(i) the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); andCommentsClose CommentsPermalink





(ii) the emergency assistance for livestock, honey bees, and farm-raised fish program under section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) (as in existence on the day before the date of enactment of this Act); andCommentsClose CommentsPermalink





(B) the livestock forage disaster program under section 531(d) of the Federal Crop Insurance Act (7 U.S.C. 1531(d)) (as in existence on the day before the date of enactment of this Act).CommentsClose CommentsPermalink





(2) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) COVERED LIVESTOCK-CommentsClose CommentsPermalink





(i) IN GENERAL- 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 an eligible forage loss, as determined by the Secretary, the eligible livestock producer--CommentsClose CommentsPermalink





(I) owned;CommentsClose CommentsPermalink





(II) leased;CommentsClose CommentsPermalink





(III) purchased;CommentsClose CommentsPermalink





(IV) entered into a contract to purchase;CommentsClose CommentsPermalink





(V) was a contract grower; orCommentsClose CommentsPermalink





(VI) sold or otherwise disposed of due to an eligible forage loss during--CommentsClose CommentsPermalink

(aa) the current production year; orCommentsClose CommentsPermalink

(bb) subject to paragraph (4)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year.CommentsClose CommentsPermalink

(ii) EXCLUSION- The term ‘covered livestock’ does not include livestock that were or would have been in a feedlot, on the beginning date of the eligible forage loss, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary.CommentsClose CommentsPermalink





(B) DROUGHT MONITOR- 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.CommentsClose CommentsPermalink





(C) ELIGIBLE FORAGE LOSS- The term ‘eligible forage loss’ means 1 or more forage losses that occur due to weather-related conditions, including drought, flood, blizzard, hail, excessive moisture, hurricane, and fire, occurring during the normal grazing period, as determined by the Secretary, if the forage--CommentsClose CommentsPermalink





(i) is grown on land that is native or improved pastureland with permanent vegetative cover; orCommentsClose CommentsPermalink





(ii) is a crop planted specifically for the purpose of providing grazing for covered livestock of an eligible livestock producer.CommentsClose CommentsPermalink





(D) ELIGIBLE LIVESTOCK PRODUCER-CommentsClose CommentsPermalink





(i) IN GENERAL- The term ‘eligible livestock producer’ means an eligible producer on a farm that--CommentsClose CommentsPermalink





(I) 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 covered livestock;CommentsClose CommentsPermalink





(II) 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 an eligible forage loss;CommentsClose CommentsPermalink





(III) certifies the eligible forage loss; andCommentsClose CommentsPermalink





(IV) meets all other eligibility requirements established under this subsection.CommentsClose CommentsPermalink





(ii) EXCLUSION- 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.CommentsClose CommentsPermalink





(E) NORMAL CARRYING CAPACITY- 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 (4)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of an eligible forage loss that diminishes the production of the grazing land or pastureland.CommentsClose CommentsPermalink





(F) NORMAL GRAZING PERIOD- 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 (4)(D)(i).CommentsClose CommentsPermalink





(3) PROGRAM- For each of fiscal years 2012 and 2013, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide compensation under paragraphs (4) through (6), as determined by the Secretary for eligible forage losses affecting covered livestock of eligible livestock producers.CommentsClose CommentsPermalink





(4) ASSISTANCE FOR ELIGIBLE FORAGE LOSSES DUE TO DROUGHT CONDITIONS-CommentsClose CommentsPermalink





(A) ELIGIBLE FORAGE LOSSES-CommentsClose CommentsPermalink





(i) IN GENERAL- An eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to drought on land that--CommentsClose CommentsPermalink





(I) is native or improved pastureland with permanent vegetative cover; orCommentsClose CommentsPermalink





(II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock.CommentsClose CommentsPermalink





(ii) EXCLUSIONS- An eligible livestock producer may not receive assistance under this paragraph for eligible forage 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.), unless the land is grassland eligible for the grassland reserve program established under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.).CommentsClose CommentsPermalink





(B) MONTHLY PAYMENT RATE-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clause (ii), the payment rate for assistance for 1 month under this paragraph shall, in the case of drought, be equal to 60 percent of the lesser of--CommentsClose CommentsPermalink





(I) the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); orCommentsClose CommentsPermalink





(II) the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer.CommentsClose CommentsPermalink





(ii) PARTIAL COMPENSATION- 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).CommentsClose CommentsPermalink





(C) MONTHLY FEED COST-CommentsClose CommentsPermalink





(i) IN GENERAL- The monthly feed cost shall equal the product obtained by multiplying--CommentsClose CommentsPermalink





(I) 30 days;CommentsClose CommentsPermalink





(II) a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); andCommentsClose CommentsPermalink





(III) a payment rate that is equal to the corn price per pound, as determined under clause (iii).CommentsClose CommentsPermalink





(ii) FEED GRAIN EQUIVALENT- For purposes of clause (i)(II), the feed grain equivalent shall equal--CommentsClose CommentsPermalink





(I) in the case of an adult beef cow, 15.7 pounds of corn per day; orCommentsClose CommentsPermalink





(II) 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.CommentsClose CommentsPermalink





(iii) CORN PRICE PER POUND- For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing--CommentsClose CommentsPermalink





(I) the higher of--CommentsClose CommentsPermalink

(aa) 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; orCommentsClose CommentsPermalink

(bb) the national average corn price per bushel for the 24-month period immediately preceding that March 1; byCommentsClose CommentsPermalink

(II) 56.CommentsClose CommentsPermalink





(D) NORMAL GRAZING PERIOD AND DROUGHT MONITOR INTENSITY-CommentsClose CommentsPermalink





(i) FSA COUNTY COMMITTEE DETERMINATIONS-CommentsClose CommentsPermalink





(I) IN GENERAL- 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 Farm Service Agency committee.CommentsClose CommentsPermalink





(II) CHANGES- 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.CommentsClose CommentsPermalink





(ii) DROUGHT INTENSITY-CommentsClose CommentsPermalink





(I) D2- 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 at least 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 1 monthly payment using the monthly payment rate determined under subparagraph (B).CommentsClose CommentsPermalink





(II) D3- 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--CommentsClose CommentsPermalink

(aa) in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B);CommentsClose CommentsPermalink

(bb) 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); orCommentsClose CommentsPermalink

(cc) 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).CommentsClose CommentsPermalink

(iii) ANNUAL PAYMENT BASED ON DROUGHT CONDITIONS DETERMINED BY MEANS OTHER THAN THE U.S. DROUGHT MONITOR-CommentsClose CommentsPermalink





(I) IN GENERAL- An eligible livestock producer that owns grazing land or pastureland that is physically located in a county that has experienced on average, over the preceding calendar year, precipitation levels that are 50 percent or more below normal levels, according to sufficient documentation as determined by the Secretary, may be eligible, subject to a determination by the Secretary, to receive assistance under this paragraph in an amount equal to not more than 1 monthly payment using the monthly payment rate under subparagraph (B).CommentsClose CommentsPermalink





(II) NO DUPLICATE PAYMENT- A producer may not receive a payment under both clause (ii) and this clause.CommentsClose CommentsPermalink





(5) ASSISTANCE FOR LOSSES DUE TO FIRE ON PUBLIC MANAGED LAND-CommentsClose CommentsPermalink





(A) IN GENERAL- An eligible livestock producer may receive assistance under this paragraph only if--CommentsClose CommentsPermalink





(i) the eligible forage losses occur on rangeland that is managed by a Federal agency; andCommentsClose CommentsPermalink





(ii) the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire.CommentsClose CommentsPermalink





(B) PAYMENT RATE- 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 (4)(C).CommentsClose CommentsPermalink





(C) PAYMENT DURATION-CommentsClose CommentsPermalink





(i) IN GENERAL- Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period--CommentsClose CommentsPermalink





(I) beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; andCommentsClose CommentsPermalink





(II) ending on the last day of the Federal lease of the eligible livestock producer.CommentsClose CommentsPermalink





(ii) LIMITATION- An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year.CommentsClose CommentsPermalink





(6) ASSISTANCE FOR ELIGIBLE FORAGE LOSSES DUE TO OTHER THAN DROUGHT OR FIRE-CommentsClose CommentsPermalink





(A) ELIGIBLE FORAGE LOSSES-CommentsClose CommentsPermalink





(i) IN GENERAL- Subject to subparagraph (B), an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to weather-related conditions other than drought or fire on land that--CommentsClose CommentsPermalink





(I) is native or improved pastureland with permanent vegetative cover; orCommentsClose CommentsPermalink





(II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock.CommentsClose CommentsPermalink





(ii) EXCLUSIONS- An eligible livestock producer may not receive assistance under this paragraph for eligible forage 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.), unless the land is grassland eligible for the grassland reserve program established under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.).CommentsClose CommentsPermalink





(B) PAYMENTS FOR ELIGIBLE FORAGE LOSSES-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary shall provide assistance under this paragraph to an eligible livestock producer for eligible forage losses that occur due to weather-related conditions other than--CommentsClose CommentsPermalink





(I) drought under paragraph (4); andCommentsClose CommentsPermalink





(II) fire on public managed land under paragraph (5).CommentsClose CommentsPermalink





(ii) TERMS AND CONDITIONS- The Secretary shall establish terms and conditions for assistance under this paragraph that are consistent with the terms and conditions for assistance under this subsection.CommentsClose CommentsPermalink





(7) NO DUPLICATIVE PAYMENTS- An eligible livestock producer may elect to receive assistance for eligible forage losses under either paragraph (4), (5), or (6), if applicable, but may not receive assistance under more than 1 of those paragraphs for the same loss, as determined by the Secretary.CommentsClose CommentsPermalink





(8) DETERMINATIONS BY SECRETARY- A determination made by the Secretary under this subsection shall be final and conclusive.CommentsClose CommentsPermalink





(d) Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish-CommentsClose CommentsPermalink





(1) IN GENERAL- For each of fiscal years 2012 and 2013, the Secretary shall use not more than $5,000,000 of 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, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c).CommentsClose CommentsPermalink





(2) USE OF FUNDS- 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.CommentsClose CommentsPermalink





(3) AVAILABILITY OF FUNDS- Any funds made available under this subsection shall remain available until expended.CommentsClose CommentsPermalink





(e) Tree Assistance Program-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) ELIGIBLE ORCHARDIST- The term ‘eligible orchardist’ means a person that produces annual crops from trees for commercial purposes.CommentsClose CommentsPermalink





(B) NATURAL DISASTER- The term ‘natural disaster’ means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary.CommentsClose CommentsPermalink





(C) NURSERY TREE GROWER- 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.CommentsClose CommentsPermalink





(D) TREE- The term ‘tree’ includes a tree, bush, and vine.CommentsClose CommentsPermalink





(2) ELIGIBILITY-CommentsClose CommentsPermalink





(A) LOSS- Subject to subparagraph (B), for each of fiscal years 2012 and 2013, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance--CommentsClose CommentsPermalink





(i) 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; andCommentsClose CommentsPermalink





(ii) 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.CommentsClose CommentsPermalink





(B) LIMITATION- 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 15 percent (adjusted for normal mortality).CommentsClose CommentsPermalink





(3) ASSISTANCE- Subject to paragraph (4), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of--CommentsClose CommentsPermalink





(A)(i) reimbursement of 65 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); orCommentsClose CommentsPermalink





(ii) at the option of the Secretary, sufficient seedlings to reestablish a stand; andCommentsClose CommentsPermalink





(B) reimbursement of 50 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 15 percent damage or mortality (adjusted for normal tree damage and mortality).CommentsClose CommentsPermalink





(4) LIMITATIONS ON ASSISTANCE-CommentsClose CommentsPermalink





(A) DEFINITIONS OF LEGAL ENTITY AND PERSON- 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)).CommentsClose CommentsPermalink





(B) AMOUNT- The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $100,000 for any crop year, or an equivalent value in tree seedlings.CommentsClose CommentsPermalink





(C) ACRES- 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 500 acres.CommentsClose CommentsPermalink





(f) Payments-CommentsClose CommentsPermalink





(1) PAYMENT LIMITATIONS-CommentsClose CommentsPermalink





(A) DEFINITIONS OF LEGAL ENTITY AND PERSON- In this subsection, the terms ‘legal entity’ and ‘person’ have the meanings given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)).CommentsClose CommentsPermalink





(B) AMOUNT- 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 this section (excluding payments received under subsection (e)) may not exceed $100,000 for any crop year.CommentsClose CommentsPermalink





(C) DIRECT ATTRIBUTION- Subsections (d) and (e) 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.CommentsClose CommentsPermalink





(2) PAYMENT DELIVERY- The Secretary shall make payments under this section after October 1, 2013, for losses incurred in the 2012 and 2013 fiscal years.CommentsClose CommentsPermalink

SEC. 2. NONINSURED CROP ASSISTANCE PROGRAM.

(a) In General- Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) COVERAGES- In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to--CommentsClose CommentsPermalink





‘(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); orCommentsClose CommentsPermalink





‘(ii) additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent.CommentsClose CommentsPermalink





‘(B) ADMINISTRATION- The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the ‘Agency’).’; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in clause (i), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(II) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink





(III) by inserting after clause (i) the following:CommentsClose CommentsPermalink





‘(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘(including ornamental fish)’ and inserting ‘(including ornamental fish, but excluding tropical fish)’;CommentsClose CommentsPermalink





(2) in subsection (d), by striking ‘The Secretary’ and inserting ‘Subject to subsection (l), the Secretary’;CommentsClose CommentsPermalink





(3) in subsection (k)(1)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘$250’ and inserting ‘$260’; andCommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by striking ‘$750’ and inserting ‘$780’; andCommentsClose CommentsPermalink





(ii) by striking ‘$1,875’ and inserting ‘$1,950’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(l) Payment Equivalent to Additional Coverage-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65 percent, computed by multiplying--CommentsClose CommentsPermalink





‘(A) the quantity that is less than 50 to 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent;CommentsClose CommentsPermalink





‘(B) 100 percent of the average market price for the crop, as determined by the Secretary; andCommentsClose CommentsPermalink





‘(C) a payment rate for the type of crop, as determined by the Secretary, that reflects--CommentsClose CommentsPermalink





‘(i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable--CommentsClose CommentsPermalink





‘(I) harvested;CommentsClose CommentsPermalink





‘(II) planted but not harvested; orCommentsClose CommentsPermalink





‘(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; orCommentsClose CommentsPermalink





‘(ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary.CommentsClose CommentsPermalink





‘(2) PREMIUM- To be eligible to receive a payment under this subsection, a producer shall pay--CommentsClose CommentsPermalink





‘(A) the service fee required by subsection (k); andCommentsClose CommentsPermalink





‘(B) a premium for the applicable crop year that is equal to--CommentsClose CommentsPermalink





‘(i) the product obtained by multiplying--CommentsClose CommentsPermalink





‘(I) the number of acres devoted to the eligible crop;CommentsClose CommentsPermalink





‘(II) the yield, as determined by the Secretary under subsection (e);CommentsClose CommentsPermalink





‘(III) the coverage level elected by the producer;CommentsClose CommentsPermalink





‘(IV) the average market price, as determined by the Secretary; andCommentsClose CommentsPermalink





‘(ii) 5.25-percent premium fee.CommentsClose CommentsPermalink





‘(3) LIMITED RESOURCE, BEGINNING, AND SOCIALLY DISADVANTAGED FARMERS- The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2).CommentsClose CommentsPermalink





‘(4) ADDITIONAL AVAILABILITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- As soon as practicable, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses--CommentsClose CommentsPermalink





‘(i) to a 2012 annual fruit crop grown on a bush or tree; andCommentsClose CommentsPermalink





‘(ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost.CommentsClose CommentsPermalink





‘(B) ASSISTANCE- The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2).’.CommentsClose CommentsPermalink





(b) Termination of Amendments-CommentsClose CommentsPermalink





(1) IN GENERAL- Effective October 1, 2017, the amendments made by subsection (a) (other than the amendment made by subsection (a)(1)(B)(ii)) are repealed.CommentsClose CommentsPermalink





(2) ADMINISTRATION- Effective October 1, 2017, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall be applied and administered as if the amendments made by subsection (a) (other than the amendment made by subsection (a)(1)(B)(ii)) had not been enacted.CommentsClose CommentsPermalink