1. U.S. Code
  2. title 7
  3. chapter 115
  4. subchapter I
  5. § 9016

Collapse to view only § 9016. Price loss coverage

§ 9011. DefinitionsIn this subchapter and subchapter II:
(1) Actual crop revenue
(2) Agriculture risk coverage
(3) Agriculture risk coverage guarantee
(4) Base acres
(A) In general
(B) Inclusion of generic base acres
(5) County coverage
(6) Covered commodity
(A) In general
(B) Inclusion
(7) Effective price
(8) Effective reference priceThe term “effective reference price”, with respect to a covered commodity for a crop year, means the lesser of the following:
(A) An amount equal to 115 percent of the reference price for such covered commodity.
(B) An amount equal to the greater of—
(i) the reference price for such covered commodity; or
(ii) 85 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.
(9) Extra long staple cottonThe term “extra long staple cotton” means cotton that—
(A) 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
(B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.
(10) Generic base acres
(11) Individual coverage
(12) Medium grain rice
(13) Other oilseed
(14) Payment acres
(15) Payment yieldThe term “payment yield”, for a farm for a covered commodity—
(A) means the yield used to make payments pursuant to section 8714 or 8754 of this title, as in effect on September 30, 2013; or
(B) means the yield established under section 9013 of this title.
(16) Price loss coverage
(17) Producer
(A) In general
(B) Hybrid seedIn determining whether a grower of hybrid seed is a producer, the Secretary shall—
(i) not take into consideration the existence of a hybrid seed contract; and
(ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter.
(18) Pulse crop
(19) Reference priceThe term “reference price”, with respect to a covered commodity for a crop year, means the following:
(A) For wheat, $5.50 per bushel.
(B) For corn, $3.70 per bushel.
(C) For grain sorghum, $3.95 per bushel.
(D) For barley, $4.95 per bushel.
(E) For oats, $2.40 per bushel.
(F) For long grain rice, $14.00 per hundredweight.
(G) For medium grain rice, $14.00 per hundredweight.
(H) For soybeans, $8.40 per bushel.
(I) For other oilseeds, $20.15 per hundredweight.
(J) For peanuts, $535.00 per ton.
(K) For dry peas, $11.00 per hundredweight.
(L) For lentils, $19.97 per hundredweight.
(M) For small chickpeas, $19.04 per hundredweight.
(N) For large chickpeas, $21.54 per hundredweight.
(O) For seed cotton, $0.367 per pound.
(20) Secretary
(21) Seed cotton
(22) StateThe term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(23) Temperate japonica riceThe 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—
(A) the reallocation of base acres under section 9012 of this title;
(B) 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
(C) the determination of the actual crop revenue and agriculture risk coverage guarantee pursuant to section 9017 of this title.
(24) Transitional yield
(25) United States
(26) United States Premium Factor
(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.)

CITE AS: 7 USC 9011

§ 9012. Base acres
(a) Retention or 1-time reallocation of base acres
(1) Election required
(A) Notice of election opportunityAs 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—
(i) to retain base acres, including any generic base acres, as provided in paragraph (2); or
(ii) in lieu of retaining base acres, to reallocate base acres, other than any generic base acres, as provided in paragraph (3).
(B) Content of noticeThe notice under subparagraph (A) shall include the following:
(i) Information that the opportunity of an owner to make the election is being provided only once.
(ii) Information regarding the manner in which the owner must make the election and the manner of notifying the Secretary of the election.
(iii) 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.
(C) Effect of failure to make election
(2) Retention of base acres
(A) Election to retain
(B) Treatment of generic base acres
(3) Reallocation of base acres
(A) Election to reallocate
(B) Reallocation formulaThe reallocation of base acres among covered commodities on a farm shall be in proportion to the ratio of—
(i) the 4-year average of—(I) 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(II) 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
(ii) the 4-year average of—(I) the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage, or other similar purposes for such crop years; and(II) 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.
(C) Treatment of generic base acres
(D) Inclusion of all 4 years in average
(E) Treatment of multiple planting or prevented planting
(F) Limitation
(4) Application of election to all covered commodities
(b) Adjustment of base acres
(1) In generalNotwithstanding 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) 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.
(B) Cropland is released from coverage under a conservation reserve contract by the Secretary.
(C) 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.
(2) Special conservation reserve acreage payment rules
(c) Prevention of excess base acres
(1) Required reduction
(2) Other acreageFor purposes of paragraph (1), the Secretary shall include the following:
(A) Any acreage on the farm enrolled in—
(i) 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
(ii) a wetland reserve easement under section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c).
(B) 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.
(C) 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).
(3) Selection of acres
(4) Exception for double-cropped acreage
(d) Reduction in base acres
(1) Reduction at option of owner
(A) In general
(B) Effect of reduction
(2) Required action by Secretary
(A) In generalThe 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—
(i) remains devoted to commercial agricultural production; or
(ii) is likely to be returned to the previous agricultural use.
(B) Requirement
(3) Treatment of base acres on farms entirely planted to grass or pasture
(A) In general
(B) Ineligibility
(4) Prohibition on reconstitution of farm
(Pub. L. 113–79, title I, § 1112, Feb. 7, 2014, 128 Stat. 661; Pub. L. 115–334, title I, § 1102, Dec. 20, 2018, 132 Stat. 4501.)

CITE AS: 7 USC 9012

§ 9013. Payment yields
(a) Establishment and purpose
(b) Payment yields for designated oilseeds
(1) Determination of average yield
(2) Adjustment for payment yield
(A) In generalThe payment yield for a farm for an oilseed designated before December 20, 2018, shall be equal to the product of the following:
(i) The average yield for the designated oilseed determined under paragraph (1).
(ii) The ratio resulting from dividing the national average yield for the designated oilseed for the 1981 through 1985 crops by the national average yield for the designated oilseed for the 1998 through 2001 crops.
(B) No national average yield information available
(3) Use of county average yield
(4) Treatment of oilseeds designated after certain date
(c) Effect of lack of payment yield
(1) Establishment by Secretary
(2) Use of similarly situated farms
(d) Single opportunity to update yields
(1) Election to update
(2) Method of updating yields for covered commoditiesIf the owner of a farm elects to update yields under paragraph (1), the payment yield for a covered commodity on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to the product obtained by multiplying—
(A) 90 percent;
(B) the average of the yield per planted acre for the crop of covered commodities on the farm for the 2013 through 2017 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero; and
(C) subject to paragraph (3), the ratio obtained by dividing—
(i) the average of the 2008 through 2012 national average yield per planted acre for the covered commodity, as determined by the Secretary; by
(ii) the average of the 2013 through 2017 national average yield per planted acre for the covered commodity, as determined by the Secretary.
(3) Limitation
(4) Use of county average yield
(5) Upland cotton conversion
(6) Time for election
(e) Payment yield for seed cotton
(1) Payment yield
(2) Update
(Pub. L. 113–79, title I, § 1113, Feb. 7, 2014, 128 Stat. 664; Pub. L. 115–123, div. F, § 60101(a)(4), Feb. 9, 2018, 132 Stat. 308; Pub. L. 115–334, title I, § 1103, Dec. 20, 2018, 132 Stat. 4501.)

CITE AS: 7 USC 9013

§ 9014. Payment acres
(a) Determination of payment acres
(1) General rule
(2) Effect of individual coverage
(b) Treatment of generic base acres
(1) In general
(2) AttributionWith 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:
(A) 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.
(B) 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—
(i) the acreage planted to a covered commodity on the farm; to
(ii) the total acreage planted to all covered commodities on the farm.
(C) 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.
(3) Treated as additional acreage
(4) Seed cotton
(A) In general
(B) No recent history of covered commodities
(C) Recent history of covered commoditiesIn the case of a farm not described in subparagraph (B), the owner of such farm shall allocate generic base acres on the farm—
(i) subject to subparagraph (D), to seed cotton base acres in a quantity equal to the greater of—(I) 80 percent of the generic base acres on the farm; or(II) 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
(ii) 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.
(D) Treatment of residual generic base acres
(E) Effect of failure to allocate
(c) Exclusion
(d) Effect of minimal payment acres
(1) Prohibition on payments
(2) ExceptionsParagraph (1) does not apply to a producer that is—
(A) a socially disadvantaged farmer or rancher (as defined in section 2003(e) of this title);
(B) a limited resource farmer or rancher, as defined by the Secretary;
(C) a beginning farmer or rancher (as defined in subsection (a) of section 2279 of this title); or
(D) a veteran farmer or rancher (as defined in subsection (a) of section 2279 of this title).
(e) Effect of planting fruits and vegetables
(1) Reduction required
(2) Price loss coverage and county coverage
(3) Individual coverage
(4) Reduction exceptionsNo reduction to payment acres shall be made under this subsection if—
(A) 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
(B) 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.
(5) Effect of reduction
(f) Unassigned crop base
(Pub. L. 113–79, title I, § 1114, Feb. 7, 2014, 128 Stat. 666; Pub. L. 115–123, div. F, § 60101(a)(5), (6), (11), Feb. 9, 2018, 132 Stat. 308, 309, 311; Pub. L. 115–334, title I, § 1104, Dec. 20, 2018, 132 Stat. 4502.)

CITE AS: 7 USC 9014

§ 9015. Producer election
(a) Election requiredFor the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2023 crop years (subject to subsection (h)), all of the producers on a farm shall make a 1-time, irrevocable election to obtain—
(1) price loss coverage under section 9016 of this title on a covered commodity-by-covered-commodity basis; or
(2) agriculture risk coverage under section 9017 of this title.
(b) Coverage optionsIn 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—
(1) county coverage applicable on a covered commodity-by-covered-commodity basis; or
(2) individual coverage applicable to all of the covered commodities on the farm.
(c) Effect of failure to make unanimous electionIf all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year or the 2019 crop year, as applicable—
(1) the Secretary shall not make any payments with respect to the farm for the 2014 crop year or the 2019 crop year, as applicable, under section 9016 or 9017 of this title; and
(2) subject to subsection (h), the producers on the farm shall be deemed to have elected, as applicable—
(A) price loss coverage for all covered commodities on the farm for the 2015 through 2018 crop years; and
(B) 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.
(d) Effect of selection of county coverage
(e) Effect of selection of individual coverageIf 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—
(1) in which the producer has an interest; and
(2) for which individual coverage has been selected.
(f) Prohibition on reconstitution
(g) Special election
(1) In general
(2) Effect of failure to make unanimous election
(h) Option to change election
(1) In general
(2) ApplicabilityAn election change under paragraph (1) shall apply to—
(A) the crop year for which the election change is made; and
(B) each crop year thereafter until another election change is made under that paragraph.
(Pub. L. 113–79, title I, § 1115, Feb. 7, 2014, 128 Stat. 667; Pub. L. 115–123, div. F, § 60101(a)(7), Feb. 9, 2018, 132 Stat. 309; Pub. L. 115–334, title I, § 1105, Dec. 20, 2018, 132 Stat. 4503.)

CITE AS: 7 USC 9015

§ 9016. Price loss coverage
(a) Price loss coverage paymentsIf 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—
(1) for any of the 2014 through 2018 crop years—
(A) the effective price for the covered commodity for the crop year; is less than
(B) the reference price for the covered commodity for the crop year; or
(2) for any of the 2019 through 2023 crop years—
(A) the effective price for the covered commodity for the crop year; is less than
(B) the effective reference price for the covered commodity for the crop year.
(b) Effective priceThe effective price for a covered commodity for a crop year shall be the higher of—
(1) the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or
(2) 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
(1) In general
(A) 2014 through 2018 crop yearsFor the 2014 through 2018 crop years, the payment rate shall be equal to the difference between—
(i) the reference price for the covered commodity; and
(ii) the effective price determined under subsection (b) for the covered commodity.
(B) 2019 through 2023 crop yearsFor the 2019 through 2023 crop years, the payment rate shall be equal to the difference between—
(i) the effective reference price for the covered commodity; and
(ii) the effective price determined under subsection (b) for the covered commodity.
(2) Announcement
(3) Insufficient data
(d) Payment amountIf price loss coverage payments are required to be provided under this section for any of the 2014 through 2024 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—
(1) the payment rate for the covered commodity under subsection (c);
(2) the payment yield for the covered commodity; and
(3) the payment acres for the covered commodity.
(e) Time for payments
(f) Effective price for barley
(g) Reference price for temperate japonica riceIn 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 subparagraph (F) of section 9011(19) of this title, as adjusted by paragraph (8) of such section, multiplied by the ratio obtained by dividing—
(1) the simple average of the marketing year average price of medium grain rice from the 2012 through 2016 crop years; by
(2) the simple average of the marketing year average price of all rice from the 2012 through 2016 crop years.
(h) Effective price for seed cotton
(1) In general
(2) CalculationThe marketing year average price for seed cotton for a crop year shall be equal to the quotient obtained by dividing—
(A) the sum obtained by adding—
(i) the product obtained by multiplying—(I) the upland cotton lint marketing year average price; and(II) the total United States upland cotton lint production, measured in pounds; and
(ii) the product obtained by multiplying—(I) the cottonseed marketing year average price; and(II) the total United States cottonseed production, measured in pounds; by
(B) the sum obtained by adding—
(i) the total United States upland cotton lint production, measured in pounds; and
(ii) the total United States cottonseed production, measured in pounds.
(Pub. L. 113–79, title I, § 1116, Feb. 7, 2014, 128 Stat. 668; Pub. L. 115–123, div. F, § 60101(a)(8), Feb. 9, 2018, 132 Stat. 310; Pub. L. 115–334, title I, § 1106, Dec. 20, 2018, 132 Stat. 4504; Pub. L. 118–22, div. B, title I, § 102(c)(3), Nov. 17, 2023, 137 Stat. 116.)

CITE AS: 7 USC 9016

§ 9017. Agriculture risk coverage
(a) Agriculture risk coverage paymentsIf 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 2023 crop years, as applicable—
(1) the actual crop revenue determined under subsection (b) for the crop year; is less than
(2) the agriculture risk coverage guarantee determined under subsection (c) for the crop year.
(b) Actual crop revenue
(1) County coverageIn 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—
(A) the actual average county yield per planted acre for the covered commodity, as determined by the Secretary; and
(B) the higher of—
(i) the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or
(ii) the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subchapter II.
(2) Individual coverageIn 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:
(A) For each covered commodity, the product obtained by multiplying—
(i) the total production of the covered commodity on such farms, as determined by the Secretary; and
(ii) the higher of—(I) the national average market price received by producers during the 12-month marketing year, as determined by the Secretary; or(II) the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subchapter II.
(B) The sum of the amounts determined under subparagraph (A) for all covered commodities on such farms.
(C) 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
(1) In general
(2) Benchmark revenue for county coverageIn the case of county coverage, the benchmark revenue shall be the product obtained by multiplying—
(A) 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
(B) 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.
(3) Benchmark revenue for individual coverageIn 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:
(A) For each covered commodity for each of the most recent 5 crop years, the product obtained by multiplying—
(i) subject to paragraph (4), the yield per planted acre for the covered commodity on such farms, as determined by the Secretary; by
(ii) subject to paragraph (6), the national average market price received by producers during the 12-month marketing year.
(B) 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.
(C) For each of the 2014 through 2023 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.
(4) Yield conditions
(A) 2014 through 2018 crop years
(B) 2019 through 2023 crop years
(5) Trend-adjusted yield
(6) Low national average market price
(A) Reference price
(B) Effective reference price
(d) Payment rate
(1) In generalThe 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—
(A) the amount that—
(i) the agriculture risk coverage guarantee for the crop year applicable under subsection (c); exceeds
(ii) the actual crop revenue for the crop year applicable under subsection (b); or
(B) 10 percent of the benchmark revenue for the crop year applicable under subsection (c).
(2) Announcement
(e) Payment amountIf agriculture risk coverage payments are required to be paid for any of the 2014 through 2023 crop years, the amount of the agriculture risk coverage payment for the crop year shall be determined by multiplying—
(1) the payment rate determined under subsection (d); and
(2) the payment acres determined under section 9014 of this title.
(f) Time for payments
(g) Additional duties of the SecretaryIn providing agriculture risk coverage, the Secretary shall—
(1) 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;
(2) calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities;
(3) 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;
(4) 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—
(A) 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
(B) the yield determined under subsection (b)(1) or (c)(2) is an unrepresentative average yield for the county, as determined by the Secretary; and
(5) effective for the 2019 through 2023 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—
(A) 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
(B) for a county not described in subparagraph (A), using—
(i) other sources of yield information, as determined by the Secretary; or
(ii) the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary.
(h) Publications
(1) County guarantee
(A) In generalFor each crop year for a covered commodity, the Secretary shall publish information describing, for that crop year for the covered commodity in each county—
(i) the agriculture risk coverage guarantee for county coverage determined under subsection (c)(1);
(ii) the average historical county yield determined under subsection (c)(2)(A); and
(iii) the national average market price determined under subsection (c)(2)(B).
(B) Timing
(i) In general
(ii) Insufficient dataIn 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—(I) the agriculture risk coverage guarantee under subparagraph (A)(i); and(II) the national average market price under subparagraph (A)(iii).
(iii) Transition
(2) Actual average county yield
(3) Data sources for county yieldsFor the 2018 crop year and each crop year thereafter, the Secretary shall make publicly available information describing, for the most recent crop year—
(A) the sources of data used to calculate county yields under subsection (c)(2)(A) for each covered commodity—
(i) by county; and
(ii) nationally; and
(B) 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
(1) In general
(2) Eligible countiesA county that may be divided into administrative units under this subsection is a county that—
(A) is larger than 1,400 square miles; and
(B) contains more than 190,000 base acres.
(3) Elections
(4) LimitationThe Secretary shall—
(A) limit the number of counties that may be divided into administrative units under paragraph (3) to 25 counties; and
(B) give preference to the division of counties that have greater variation in climate, soils, and expected productivity between the proposed administrative units.
(5) Administration
(Pub. L. 113–79, title I, § 1117, Feb. 7, 2014, 128 Stat. 669; Pub. L. 115–334, title I, § 1107, Dec. 20, 2018, 132 Stat. 4505.)

CITE AS: 7 USC 9017

§ 9018. Producer agreements
(a) Compliance with certain requirements
(1) 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—
(A) 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.);
(B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);
(C) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary; and
(D) 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.
(2) Compliance
(3) Modification
(b) Transfer or change of interest in farm
(1) Termination
(A) In general
(B) Effective date
(2) Exception
(c) Acreage reports
(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—
(1) in which the producer has an interest; and
(2) for which individual coverage has been selected.
(e) Effect of inaccurate reports
(f) Tenants and sharecroppers
(g) Sharing of payments
(Pub. L. 113–79, title I, § 1118, Feb. 7, 2014, 128 Stat. 672.)

CITE AS: 7 USC 9018

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

CITE AS: 7 USC 9019