19 U.S.C. § 2497
In this section:
The term "actual production history yield" means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the noninsured crop disaster assistance program, respectively.
The term "actual production on the farm" means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
The term "adjusted actual production history yield" means-
The term "adjusted noninsured crop disaster assistance program yield" means-
The term "counter-cyclical program payment yield" means the weighted average payment yield established under under- 1
The term "crop of economic significance" shall have the uniform meaning given the term by the Secretary for purposes of subsections (b)(1)(B) and (g)(6).
The term "disaster county" means a county included in the geographic area covered by a qualifying natural disaster declaration.
The term "disaster county" includes-
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-
The term "farm" means, in relation to an eligible producer on a farm, the sum 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.
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.
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.
The term "farm-raised fish" means any aquatic species that is propagated and reared in a controlled environment.
The term "insurable commodity" means an agricultural commodity (excluding livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
The term "livestock" includes-
The term "noninsurable commodity" means a crop for which the eligible producers on a farm are eligible to obtain assistance under the noninsured crop assistance program.
The term "noninsured crop assistance program" means the program carried out under section 7333 of title 7.
The term "normal production on the farm" means the sum of the expected revenue for all crops on the farm, as determined under subsection (b)(6)(A).
The term "qualifying natural disaster declaration" means a natural disaster declared by the Secretary for production losses under section 1961(a) of title 7.
The term "Secretary" means the Secretary of Agriculture.
The term "socially disadvantaged farmer or rancher" has the meaning given the term in section 2279(e) 3 of title 7.
The term "State" means-
The term "Trust Fund" means the Agricultural Disaster Relief Trust Fund established under section 2497a of this title.
The term "United States" when used in a geographical sense, means all of the States.
The Secretary shall use such sums as are necessary from the Trust Fund to make crop disaster assistance payments to eligible producers on farms in disaster counties that have incurred crop production losses or crop quality losses, or both, during the crop year.
To be eligible for crop loss assistance under this subsection, the actual production on the farm for at least 1 crop of economic significance shall be reduced by at least 10 percent due to disaster, adverse weather, or disaster-related conditions.
Subject to subparagraph (B), the Secretary shall provide crop disaster assistance payments under this section to an eligible producer on a farm in an amount equal to 60 percent of the difference between-
The disaster assistance program guarantee for a crop used to calculate the payments for a farm under subparagraph (A)(i) may not be greater than 90 percent of the sum of the expected revenue, as described in paragraph (5) for each of the crops on a farm, as determined by the Secretary.
In calculating the disaster assistance program guarantee under paragraph (3) and the total farm revenue under paragraph (4), the Secretary shall not consider the value of any crop that-
Except as otherwise provided in this paragraph, the supplemental assistance program guarantee shall be the sum obtained by adding-
Notwithstanding subparagraph (A), in the case of an insurable commodity for which a plan of insurance provides for an adjustment in the guarantee, such as in the case of prevented planting, the adjusted insurance guarantee shall be the basis for determining the disaster assistance program guarantee for the insurable commodity.
Notwithstanding subparagraph (A), in the case of a noninsurable commodity for which the noninsured crop assistance program provides for an adjustment in the level of assistance, such as in the case of unharvested crops, the adjusted assistance level shall be the basis for determining the disaster assistance program guarantee for the noninsurable commodity.
The Secretary shall establish equitable treatment for non-yield based policies and plans of insurance, such as the Adjusted Gross Revenue Lite insurance program.
For purposes of this subsection, the total farm revenue for a farm,4 shall equal the sum obtained by adding-
The Secretary shall adjust the average market price received by the eligible producer on a farm-
With respect to a crop for which an eligible producer on a farm receives assistance under the noninsured crop assistance program, the national average market price received during the marketing year shall be an amount not more than 100 percent of the price of the crop established under the noninsured crop assistance program.
The expected revenue for each crop on a farm shall equal-
The normal production on the farm shall equal the sum of the expected revenue for each crop on a farm as determined under paragraph (5).
The actual production on the farm shall equal the sum obtained by adding-
The Secretary shall use such sums as are necessary from the Trust Fund to make livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality due to 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.
Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 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.
In this subsection:
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-
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-
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).
The Secretary shall use such sums as are necessary from the Trust Fund to provide compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to-
An eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur on land that-
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-
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-
For purposes of clause (i)(I), the feed grain equivalent shall equal-
For purposes of clause (i)(II), the corn price per pound shall equal the quotient obtained by dividing-
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 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).
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-
An eligible livestock producer may receive assistance under this paragraph only if-
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-
An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year.
Except as otherwise provided in this paragraph, a livestock producer shall only be eligible for assistance under this subsection if the livestock producer-
In the case of an eligible livestock producer that is a socially disadvantaged farmer or rancher or limited resource or beginning farmer or rancher, as determined by the Secretary, the Secretary may-
In the case of an eligible livestock producer that suffered losses on grazing land during the 2008 calendar year but does not meet the requirements of subparagraph (A), the Secretary shall waive subparagraph (A) if the eligible livestock producer pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under subparagraph (A) to the Secretary not later than 90 days after the date of enactment of this subchapter.3
The Secretary may provide equitable relief to an eligible livestock producer that is otherwise ineligible or unintentionally fails to meet the requirements of subparagraph (A) for the grazing land incurring the loss on a case-by-case basis, as determined by the Secretary.
In the case of an eligible livestock producer that suffered losses on grazing land during the 2008 calendar year, the Secretary shall take special consideration to provide equitable relief in cases in which the eligible livestock producer failed to meet the requirements of subparagraph (A) due to the enactment of this subchapter after the closing date of sales periods for crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop assistance program.
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.
An eligible livestock producer that receives assistance under this subsection may not also receive assistance for losses to crops on the same land with the same intended use under subsection (b).
The Secretary shall use up to $50,000,000 per year from the Trust Fund 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), (c), or (d).
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.
Any funds made available under this subsection shall remain available until expended.
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), the Secretary shall use such sums as are necessary from the Trust Fund to provide assistance-
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).
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-
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)5 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008).
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.
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.
Except as otherwise provided in this section, the eligible producers on a farm shall not be eligible for assistance under this section (other than subsections (c) and (d)) if the eligible producers on the farm-
To be considered to have obtained insurance under paragraph (1)(A), an eligible producer on a farm shall have obtained a policy or plan of insurance with not less than 50 percent yield coverage at 55 percent of the insurable price for each crop planted or intended to be planted for harvest on a whole farm.
With respect to eligible producers that are socially disadvantaged farmers or ranchers or limited resource or beginning farmers or ranchers, as determined by the Secretary, the Secretary may-
In the case of an eligible producer that suffered losses in an insurable commodity or noninsurable commodity during the 2008 crop year but does not meet the requirements of paragraph (1), the Secretary shall waive paragraph (1) if the eligible producer pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under paragraph (1) to the Secretary not later than 90 days after the date of enactment of this subchapter.3
In the case of an insurable commodity or noninsurable commodity for the 2009 crop year that does not meet the requirements of paragraph (1) and the relevant crop insurance program sales closing date or noninsured crop assistance program fee payment date was prior to August 14, 2008, the Secretary shall waive paragraph (1) if the eligible producer of the insurable commodity or noninsurable commodity pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under paragraph (1) to the Secretary not later than 90 days after October 13, 2008.
The Secretary may provide equitable relief to eligible producers on a farm that are otherwise ineligible or unintentionally fail to meet the requirements of paragraph (1) for 1 or more crops on a farm on a case-by-case basis, as determined by the Secretary.
In the case of eligible producers on a farm that suffered losses in an insurable commodity or noninsurable commodity during the 2008 crop year, the Secretary shall take special consideration to provide equitable relief in cases in which the eligible producers failed to meet the requirements of paragraph (1) due to the enactment of this subchapter after the closing date of sales periods for crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop assistance program.
For purposes of assistance under subsection (b), at the option of an eligible producer on a farm, the Secretary shall waive paragraph (1)-
The Secretary shall not consider the value of any crop exempted under subparagraph (A) in calculating the supplemental revenue assistance program guarantee under subsection (b)(3) and the total farm revenue under subsection (b)(4).
Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm-
Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm-
Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an amount equal to the greater of-
For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to February 17, 2009.
The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.
Notwithstanding any other provision of this section, the Secretary may provide assistance (including multiyear assistance) under this section to eligible producers on a farm that-
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)5 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008).
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 (f)) may not exceed $100,000 for any crop year.
Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) or any successor provision shall apply with respect to assistance provided under this section.
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.
Sections 1001, 1001A, 1001B, and 1001D of the Food Security Act of 1985 [7 U.S.C. 1308, 1308-1, 1308-2, 1308-3a] as in effect on September 30, 2007, shall continue to apply with respect to 2008 crops.
This section shall be effective only for losses that are incurred as the result of a disaster, adverse weather, or other environmental condition that occurs on or before September 30, 2011, as determined by the Secretary.
In implementing any other program which makes disaster assistance payments (except for indemnities made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)) 7 and section 7333 of title 7), the Secretary shall prevent duplicative payments with respect to the same loss for which a person receives a payment under subsections (b), (c), (d), (e), or (f).
1 So in original.
2 So in original. Probably should be followed by a comma.
3 See References in Text note below.
4 So in original. The comma probably should not appear.
5 So in original. There probably should be a second closing parenthesis.
6 So in original. Probably should be " '125 percent' ".
7 So in original. Second closing parenthesis probably should not appear.
19 U.S.C. § 2497
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Crop Insurance Act, referred to in subsecs. (a)(1), (11), (b)(2)(C)(i), (4)(A)(i)(I), (B)(iii), (d)(5)(A)(i), (D)(ii), (g)(1)(A), (5)(B), (7)(A)(ii)(I), and (j), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.Section 2279(e) of title 7, referred to in subsec. (a)(18), was redesignated section 2279(a) of title 7 by Pub. L. 115-334, title XII, §12301(b)(3), Dec. 20, 2018, 132 Stat. 4951.Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(ii), were repealed by Pub. L. 113-79, title I, §11011101,, 128 Stat. 658.Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(iii), were repealed by Pub. L. 113-79, title I, §1102(a), Feb. 7, 2014, 128 Stat. 658.Section 1105 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(iii), was repealed by Pub. L. 113-79, title I, §1103(a), Feb. 7, 2014, 128 Stat. 658.The Food, Conservation, and Energy Act of 2008, referred to in subsecs. (b)(4)(A)(iv), (f)(4)(A), and (h)(1), is Pub. L. 110-246, 122 Stat. 1651. Subtitles B and C of the Act probably mean subtitles B and C of title I of the Act, which are classified generally to subchapters II (§8731 et seq.) and III (§8751 et seq.), respectively, of chapter 113 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of Title 7 and Tables.The date of enactment of this subchapter, referred to in subsecs. (d)(5)(C) and (g)(4)(A), was in the original "the date of enactment of this subtitle", and was translated as meaning the date of enactment of title IX of Pub. L. 93-618 as added by Pub. L. 110-246 which was approved June 18, 2008, to reflect the probable intent of Congress.Section 1001(a) of the Food Security Act of 1985 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008), referred to in subsecs. (f)(4)(A) and (h)(1), means section 1001(a) of Pub. L. 99-198 as amended by section 1603 of Pub. L. 110-246 which is classified to section 1308(a) of Title 7, Agriculture.Subtitle A, referred to in subsec. (g)(7)(F)(ii)(I)(aa), probably means subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, known as the Federal Crop Insurance Act, which is classified generally to subchapter I (§1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.
CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 enacted identical sections. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246.
AMENDMENTS2014-Subsec. (d)(3)(A). Pub. L. 113-79 struck out cl. (i) designation and heading, redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively, and struck out former cl. (ii). Text read as follows: "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.)."2009-Subsec. (g)(7). Pub. L. 111-5 added par. (7).Subsec. (g)(7)(F). Pub. L. 111-80, §745(b)(1), inserted "(including multiyear assistance)" after "assistance" in introductory provisions.Subsec. (g)(7)(F)(i). Pub. L. 111-80, §745(b)(2), inserted "or multiyear production losses" after "a production loss".2008-Subsec. (a)(2). Pub. L. 110-398, §2(b)(1)(F), added par. (2). Former par. (2) redesignated (3).Subsec. (a)(3). Pub. L. 110-398, §2(b)(1)(E), redesignated par. (2) as (3). Former par. (3) redesignated (4).Subsec. (a)(3)(B). Pub. L. 110-398, §2(b)(1)(A), inserted "has" after "on a farm that".Subsec. (a)(4). Pub. L. 110-398, §2(b)(1)(E), redesignated par. (3) as (4). Former par. (4) redesignated (5). Pub. L. 110-398, §2(b)(1)(B), substituted "under-" for "section 7912 of title 7, section 1102 of the Food, Conservation, and Energy Act of 2008, or a successor section." and added cls. (i) to (iii).Subsec. (a)(5). Pub. L. 110-398, §2(b)(1)(E), redesignated par. (4) as (5). Former par. (5) redesignated (7).Subsec. (a)(5)(B)(ii). Pub. L. 110-398, §2(b)(1)(C), substituted "the actual production on the farm is less than 50 percent of the normal production on the farm." for ", the total loss of production of the farm relating to weather is greater than 50 percent of the normal production of the farm, as determined by the Secretary."Subsec. (a)(6). Pub. L. 110-398, §2(b)(1)(G), added par. (6). Former par. (6) redesignated (8).Subsec. (a)(7). Pub. L. 110-398, §2(b)(1)(E), redesignated par. (5) as (7). Former par. (7) redesignated (9).Subsec. (a)(7)(A). Pub. L. 110-398, §2(b)(1)(D)(i), inserted "for sale or on-farm livestock feeding (including native grassland intended for haying)" after "harvest".Subsec. (a)(7)(C). Pub. L. 110-398, §2(b)(1)(D)(ii), inserted "for sale" after "crop".Subsec. (a)(8) to (14). Pub. L. 110-398, §2(b)(1)(E), redesignated pars. (6) to (12) as (8) to (14), respectively. Former pars. (13) and (14) redesignated (16) and (17), respectively.Subsec. (a)(15). Pub. L. 110-398, §2(b)(1)(H), added par. (15). Former par. (15) redesignated (18).Subsec. (a)(16) to (21). Pub. L. 110-398, §2(b)(1)(E), redesignated pars. (13) to (18) as (16) to (21), respectively.Subsec. (b)(1). Pub. L. 110-398, §2(b)(2)(A), substituted "Payments" for "In general" as par. heading, inserted subpar. (A) designation and heading, and added subpar. (B).Subsec. (b)(2)(C). Pub. L. 110-398, §2(b)(2)(B), added subpar. (C).Subsec. (b)(3)(A)(ii)(III). Pub. L. 110-398, §2(b)(2)(C)(i), inserted "50 percent of" before "the higher of" in introductory provisions.Subsec. (b)(3)(A)(ii)(III)(aa). Pub. L. 110-398, §2(b)(2)(C)(ii), struck out "guarantee" after "yield".Subsec. (b)(4)(A)(i)(I). Pub. L. 110-398, §2(b)(2)(D)(i)(I), added subcl. (I) and struck out former subcl. (I) which read as follows: "the actual crop acreage harvested by an eligible producer on a farm;".Subsec. (b)(4)(A)(i)(II), (III). Pub. L. 110-398, §2(b)(2)(D)(i), redesignated subcl. (III) as (II) and struck out former subcl. (II) which read as follows: "the estimated actual yield of the crop production; and".Subsec. (b)(4)(B)(iii). Pub. L. 110-398, §2(b)(2)(D)(ii), (iii), added cl. (iii).Subsec. (b)(5). Pub. L. 110-398, §2(b)(2)(E)(i), struck out "the sum obtained by adding" after "equal" in introductory provisions.Subsec. (b)(5)(A). Pub. L. 110-398, §2(b)(2)(E)(ii)(I), substituted "for each insurable commodity, the product" for "the product" in introductory provisions.Subsec. (b)(5)(A)(i). Pub. L. 110-398, §2(b)(2)(E)(ii)(II), substituted "greater" for "greatest".Subsec. (b)(5)(A)(iii). Pub. L. 110-398, §2(b)(2)(E)(ii)(III), substituted "of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is triggered; and" for "of the insurance price guarantee; and".Subsec. (b)(5)(B). Pub. L. 110-398, §2(b)(2)(E)(iii)(I), substituted "for each noninsurable crop, the product" for "the product" in introductory provisions.Subsec. (b)(5)(B)(ii), (iii). Pub. L. 110-398, §2(b)(2)(E)(iii)(II)-(IV), added cl. (ii) and redesignated former cl. (ii) as (iii).Subsec. (b)(6). Pub. L. 110-398, §2(b)(2)(F), added par. (6).Subsec. (d)(5)(B)(ii). Pub. L. 110-398, §2(b)(3), substituted "subsection" for "section".Subsec. (f)(2)(A). Pub. L. 110-398, §2(b)(4), substituted "the Secretary shall use such sums as are necessary from the Trust Fund to provide" for "the Secretary shall provide" in introductory provisions.Subsec. (g)(1). Pub. L. 110-398, §2(b)(6)(A)(i), substituted "(other than subsections (c) and (d))" for "(other than subsection (c))" in introductory provisions.Subsec. (g)(1)(A). Pub. L. 110-398, §2(b)(6)(A)(ii), inserted ", excluding grazing land" after "producers on the farm".Subsec. (g)(2). Pub. L. 110-398, §2(b)(6)(B), substituted "planted or" for "grazed, planted, or".Subsec. (g)(4). Pub. L. 110-398, §2(b)(6)(C), (D), substituted "Waivers for certain crop years" for "Waiver for 2008 crop year" in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B).Subsec. (g)(6). Pub. L. 110-398, §2(b)(5), added par. (6).Subsec. (h)(5). Pub. L. 110-398, §2(b)(7), added par. (5).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATEEnactment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as a note under section 8701 of Title 7, Agriculture.
TRANSITION PROVISIONS Pub. L. 110-234, title XV, §15101(b), May 22, 2008, 122 Stat. 1499, and Pub. L. 110-246, §4(a), title XV, §15101(b), June 18, 2008, 122 Stat. 1664, 2261, provided that: "For purposes of the 2008 crop year, the Secretary [of Agriculture] shall carry out subsections (f)(4) and (h) of section 901 of the Trade Act of 1974 [19 U.S.C. 2497(f)(4), (h)] (as added by subsection (a)) in accordance with the terms and conditions of sections 1001 through 1001D of the Food Security Act of 1985 (16 [probably should be 7] U.S.C. 1308 et seq.), as in effect on September 30, 2007." [Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246 set out as a note under section 8701 of Title 7, Agriculture.]
- existing
- The term "existing" means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 through 97 of the Harmonized Tariff Schedule of the United States on the date specified or (if no date is specified) on the day referred to in clause (A).