Sec. 12305. NONINSURED CROP ASSISTANCE PROGRAM
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## SEC. 12305 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— ####
(1)in subsection (a)— #####
(A)by striking paragraph
(1)and inserting the following: > > #### “(1) In general > > > ##### “(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— > > > ###### “(i) > > catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or > > > ###### “(ii) > > except in the case of crops and grasses used for grazing, 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, as described in subsection (l). > > > ##### “(B) Administration > > The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the ‘Agency’).” > ; and #####
(B)in paragraph (2)— ######
(i)in subparagraph (A)— ######
(I)in clause (i), by striking “and” after the semicolon at the end; ######
(II)by redesignating clause
(ii)as clause (iii); and ######
(III)by inserting after clause
(i)the following: > > ###### “(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” > ; and ######
(ii)in subparagraph (B), by striking “and industrial crops” and inserting “sweet sorghum, biomass sorghum, and industrial crops (including those grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products)”; ####
(2)in subsection (i)(2), by striking “$100,000” and inserting “$125,000”; ####
(3)in subsection (k)(2), by striking “limited resource farmer” and inserting “limited resource, beginning, or socially disadvantaged farmer”; and ####
(4)by adding at the end the following: > > ### “(l) Payment Equivalent to Additional Coverage > > > #### “(1) In general > > The Secretary shall make available noninsured assistance under this subsection (other than for crops and grasses used for grazing) at a payment amount that is 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) and equal to the product obtained by multiplying— > > > ##### “(A) > > the amount that— > > > ###### “(i) > > the additional coverage yield, which shall be equal to the product obtained by multiplying— > > > ###### “(I) > > an amount not less than 50 percent nor more than 65 percent, as elected by the producer and specified in 5-percent increments; and > > > ###### “(II) > > the approved yield for the crop, as determined by the Secretary; exceeds > > > ###### “(ii) > > the actual yield; > > > ##### “(B) > > 100 percent of the average market price for the crop, as determined by the Secretary; and > > > ##### “(C) > > a payment rate for the type of crop, as determined by the Secretary, that reflects— > > > ###### “(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— > > > ###### “(I) > > harvested; > > > ###### “(II) > > planted but not harvested; or > > > ###### “(III) > > prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or > > > ###### “(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. > > > #### “(2) Service fee and premium > > To be eligible to receive a payment under this subsection, a producer shall pay— > > > ##### “(A) > > the service fee required by subsection (k); and > > > ##### “(B) > > the lesser of— > > > ###### “(i) > > the sum of the premiums for each eligible crop, with the premium for each eligible crop obtained by multiplying— > > > ###### “(I) > > the number of acres devoted to the eligible crop; > > > ###### “(II) > > the yield, as determined by the Secretary under subsection (e); > > > ###### “(III) > > the coverage level elected by the producer; > > > ###### “(IV) > > the average market price, as determined by the Secretary; and > > > ###### “(V) > > a 5.25-percent premium fee; or > > > ###### “(ii) > > the product obtained by multiplying— > > > ###### “(I) > > a 5.25-percent premium fee; and > > > ###### “(II) > > the applicable payment limit. > > > #### “(3) Additional availability > > > ##### “(A) In general > > As soon as practicable after October 1, 2013, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses— > > > ###### “(i) > > to a 2012 annual fruit crop grown on a bush or tree; and > > > ###### “(ii) > > in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost. > > > ##### “(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). > > > #### “(4) Limited resource, beginning, and socially disadvantaged farmers > > The coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged farmers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined under paragraph (2). > > > #### “(5) Effective date > > Except as provided in paragraph (3)(A), additional coverage under this subsection shall be available for each of the 2015 through 2018 crop years.” > . ###
(b)Prohibition on Catastrophic Risk Protection Section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is amended by striking paragraph
(1)and inserting the following: > > #### “(1) Coverage availability > > > ##### “(A) In general > > Except as provided in subparagraph (B), the Corporation shall offer a catastrophic risk protection plan to indemnify producers for crop loss due to loss of yield or prevented planting, if provided by the Corporation, when the producer is unable, because of drought, flood, or other natural disaster (as determined by the Secretary), to plant other crops for harvest on the acreage for the crop year. > > > ##### “(B) Exception > > Coverage described in subparagraph
(A)shall not be available for crops and grasses used for grazing.” > .
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