19 USC 2497 - Supplemental agricultural disaster assistance

1 So in original.

2 So in original. Probably should be followed by a comma.

the actual production on the farm is less than 50 percent of the normal production on the farm.

3 See References in Text note below.

of title 7.

4 So in original. The comma probably should not appear.

shall equal the sum obtained by adding—

5 So in original. There probably should be a second closing parenthesis.

(as amended by section 1603 of the Food, Conservation, and Energy Act of 2008).

6 So in original. Probably should be “ ‘125 percent’ ”.

is substituted for “120 percent”.

7 So in original. Second closing parenthesis probably should not appear.

and

Editorial Notes

References in Text

The Federal Crop Insurance Act, referred to in subsecs. (a)(1), (11), (span)(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 Fespan. 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 Puspan. L. 115–334, title XII, § 12301(span)(3), Dec. 20, 2018, 132 Stat. 4951.

Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (span)(4)(A)(ii), were repealed by Puspan. L. 113–79, title I, § 1101, Fespan. 7, 2014, 128 Stat. 658.

Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (span)(4)(A)(iii), were repealed by Puspan. L. 113–79, title I, § 1102(a), Fespan. 7, 2014, 128 Stat. 658.

Section 1105 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (span)(4)(A)(iii), was repealed by Puspan. L. 113–79, title I, § 1103(a), Fespan. 7, 2014, 128 Stat. 658.

The Food, Conservation, and Energy Act of 2008, referred to in subsecs. (span)(4)(A)(iv), (f)(4)(A), and (h)(1), is Puspan. L. 110–246, June 18, 2008, 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 Puspan. L. 93–618, as added by Puspan. 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 Puspan. L. 99–198, as amended by section 1603 of Puspan. 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 Fespan. 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

Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical sections. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2014—Subsec. (d)(3)(A). Puspan. 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). Puspan. L. 111–5 added par. (7).

Subsec. (g)(7)(F). Puspan. L. 111–80, § 745(span)(1), inserted “(including multiyear assistance)” after “assistance” in introductory provisions.

Subsec. (g)(7)(F)(i). Puspan. L. 111–80, § 745(span)(2), inserted “or multiyear production losses” after “a production loss”.

2008—Subsec. (a)(2). Puspan. L. 110–398, § 2(span)(1)(F), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Puspan. L. 110–398, § 2(span)(1)(E), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (a)(3)(B). Puspan. L. 110–398, § 2(span)(1)(A), inserted “has” after “on a farm that”.

Subsec. (a)(4). Puspan. L. 110–398, § 2(span)(1)(E), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Puspan. L. 110–398, § 2(span)(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). Puspan. L. 110–398, § 2(span)(1)(E), redesignated par. (4) as (5). Former par. (5) redesignated (7).

Subsec. (a)(5)(B)(ii). Puspan. L. 110–398, § 2(span)(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). Puspan. L. 110–398, § 2(span)(1)(G), added par. (6). Former par. (6) redesignated (8).

Subsec. (a)(7). Puspan. L. 110–398, § 2(span)(1)(E), redesignated par. (5) as (7). Former par. (7) redesignated (9).

Subsec. (a)(7)(A). Puspan. L. 110–398, § 2(span)(1)(D)(i), inserted “for sale or on-farm livestock feeding (including native grassland intended for haying)” after “harvest”.

Subsec. (a)(7)(C). Puspan. L. 110–398, § 2(span)(1)(D)(ii), inserted “for sale” after “crop”.

Subsec. (a)(8) to (14). Puspan. L. 110–398, § 2(span)(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). Puspan. L. 110–398, § 2(span)(1)(H), added par. (15). Former par. (15) redesignated (18).

Subsec. (a)(16) to (21). Puspan. L. 110–398, § 2(span)(1)(E), redesignated pars. (13) to (18) as (16) to (21), respectively.

Subsec. (span)(1). Puspan. L. 110–398, § 2(span)(2)(A), substituted “Payments” for “In general” as par. heading, inserted subpar. (A) designation and heading, and added subpar. (B).

Subsec. (span)(2)(C). Puspan. L. 110–398, § 2(span)(2)(B), added subpar. (C).

Subsec. (span)(3)(A)(ii)(III). Puspan. L. 110–398, § 2(span)(2)(C)(i), inserted “50 percent of” before “the higher of” in introductory provisions.

Subsec. (span)(3)(A)(ii)(III)(aa). Puspan. L. 110–398, § 2(span)(2)(C)(ii), struck out “guarantee” after “yield”.

Subsec. (span)(4)(A)(i)(I). Puspan. L. 110–398, § 2(span)(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. (span)(4)(A)(i)(II), (III). Puspan. L. 110–398, § 2(span)(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. (span)(4)(B)(iii). Puspan. L. 110–398, § 2(span)(2)(D)(ii), (iii), added cl. (iii).

Subsec. (span)(5). Puspan. L. 110–398, § 2(span)(2)(E)(i), struck out “the sum obtained by adding” after “equal” in introductory provisions.

Subsec. (span)(5)(A). Puspan. L. 110–398, § 2(span)(2)(E)(ii)(I), substituted “for each insurable commodity, the product” for “the product” in introductory provisions.

Subsec. (span)(5)(A)(i). Puspan. L. 110–398, § 2(span)(2)(E)(ii)(II), substituted “greater” for “greatest”.

Subsec. (span)(5)(A)(iii). Puspan. L. 110–398, § 2(span)(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. (span)(5)(B). Puspan. L. 110–398, § 2(span)(2)(E)(iii)(I), substituted “for each noninsurable crop, the product” for “the product” in introductory provisions.

Subsec. (span)(5)(B)(ii), (iii). Puspan. L. 110–398, § 2(span)(2)(E)(iii)(II)–(IV), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (span)(6). Puspan. L. 110–398, § 2(span)(2)(F), added par. (6).

Subsec. (d)(5)(B)(ii). Puspan. L. 110–398, § 2(span)(3), substituted “subsection” for “section”.

Subsec. (f)(2)(A). Puspan. L. 110–398, § 2(span)(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). Puspan. L. 110–398, § 2(span)(6)(A)(i), substituted “(other than subsections (c) and (d))” for “(other than subsection (c))” in introductory provisions.

Subsec. (g)(1)(A). Puspan. L. 110–398, § 2(span)(6)(A)(ii), inserted “, excluding grazing land” after “producers on the farm”.

Subsec. (g)(2). Puspan. L. 110–398, § 2(span)(6)(B), substituted “planted or” for “grazed, planted, or”.

Subsec. (g)(4). Puspan. L. 110–398, § 2(span)(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). Puspan. L. 110–398, § 2(span)(5), added par. (6).

Subsec. (h)(5). Puspan. L. 110–398, § 2(span)(7), added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date

Enactment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, see section 4 of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

Transition Provisions

Puspan. L. 110–234, title XV, § 15101(span), May 22, 2008, 122 Stat. 1499, and Puspan. L. 110–246, § 4(a), title XV, § 15101(span), 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.”

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]