Sec. 773.
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For an additional amount for the Office of the Secretary , $7,030,000,000, which shall remain available until December 31, 2023, for necessary expenses related to losses of crops (including milk, on-farm stored commodities, crops prevented from planting in 2020 and 2021, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, winter storms, smoke exposure, quality losses of crops, and excessive moisture occurring in calendar years 2020 and 2021 under such terms and conditions as determined by the Secretary: , That losses due to drought shall only be eligible under this section if any area within the county in which the loss occurs was rated by the U.S.
Drought Monitor as having a D3 (Extreme Drought) or higher level of drought intensity during the applicable calendar years: Provided , That of the amounts provided in this section, the Secretary shall use $750,000,000 to provide assistance to producers of livestock, as determined by the Secretary of Agriculture, for losses incurred during calendar year 2021 due to drought or wildfires: Provided further , That at the election of a processor eligible for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( Provided further 7 U.S.C. 7272 ) or a cooperative processor of dairy, the Secretary shall make payments for losses in 2021 to such processors (to be paid to producer members, as determined by such processors) in lieu of payments to producers and under the same terms and conditions as payments made to processors pursuant to Title I of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 ( Public Law 116–20 ) under the heading Department of Agriculture—Agricultural Programs—Processing, Research and Marketing—Office of the Secretary , as last amended by section 791(c) of title VII of division B of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ): , That notwithstanding section 760.1503(j) of title 7 of the Code of Federal Regulations, in the event that a processor described in the preceding proviso does not elect to receive payments under such clause, the Secretary shall make direct payments to producers under this section:
Provided further , That of the amounts provided in this section, not more than $20,000,000 may be used for administrative costs to carry out this section: Provided further , That the total amount of payments received under this section and applicable policies of crop insurance under the Federal Crop Insurance Act ( Provided further 7 U.S.C. 1501 et seq. ) or the Noninsured Crop Disaster Assistance Program
(NAP)under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) shall not exceed 90 percent of the loss as determined by the Secretary: , That the total amount of payments received under this section for producers who did not obtain a policy or plan of insurance for an insurable commodity for the applicable crop year under the Federal Crop Insurance Act ( Provided further 7 U.S.C. 1501 et seq. ) for the crop incurring the losses or did not file the required paperwork and pay the service fee by the applicable State filing deadline for a noninsurable commodity for the applicable crop year under NAP for the crop incurring the losses shall not exceed 70 percent of the loss as determined by the Secretary: , That producers receiving payments under this section, as determined by the Secretary, shall be required to purchase crop insurance where crop insurance is available for the next two available crop years and producers receiving payments under this section shall be required to purchase coverage under NAP where crop insurance is not available in the next two available crop years, as determined by the Secretary: Provided further , That not later than 120 days after the end of fiscal year 2021, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by state and territory: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Provided further
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