Sec. 9001. CROP DISASTER ASSISTANCE
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## SEC. 9001 CROP DISASTER ASSISTANCE ###
(a)Assistance Available There are hereby appropriated to the Secretary of Agriculture such sums as are necessary, to remain available until expended, to make emergency financial assistance available to producers on a farm that incurred qualifying quantity or quality losses for the 2005, 2006, or 2007 crop, due to damaging weather or any related condition (including losses due to crop diseases, insects, and delayed planting), as determined by the Secretary. However, to be eligible for assistance, the crop subject to the loss must have been planted before December 31, 2007, or, in the case of prevented planting or other total loss, would have been planted before December 31, 2007, in the absence of the damaging weather or any related condition. ###
(b)Election of Crop Year If a producer incurred qualifying crop losses in more than one of the 2005, 2006, or 2007 crop years, the producer shall elect to receive assistance under this section for losses incurred in only one of such crop years. The producer may not receive assistance under this section for more than one crop year. ###
(c)Administration ####
(1)In general Except as provided in paragraph (2), the Secretary of Agriculture shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–55), including using the same loss thresholds for quantity and economic losses as were used in administering that section, except that the payment rate shall be 42 percent of the established price, instead of 65 percent. ####
(2)Loss thresholds for quality losses In the case of a payment for quality loss for a crop under subsection (a), the loss thresholds for quality loss for the crop shall be determined under subsection (d). ###
(d)Quality Losses ####
(1)In general Subject to paragraph (3), the amount of a payment made to producers on a farm for a quality loss for a crop under subsection
(a)shall be equal to the amount obtained by multiplying— #####
(A)65 percent of the payment quantity determined under paragraph (2); by #####
(B)42 percent of the payment rate determined under paragraph (3). ####
(2)Payment quantity For the purpose of paragraph (1)(A), the payment quantity for quality losses for a crop of a commodity on a farm shall equal the lesser of— #####
(A)the actual production of the crop affected by a quality loss of the commodity on the farm; or #####
(B)the quantity of expected production of the crop affected by a quality loss of the commodity on the farm, using the formula used by the Secretary of Agriculture to determine quantity losses for the crop of the commodity under subsection (a). ####
(3)Payment rate For the purpose of paragraph (1)(B) and in accordance with paragraphs
(5)and (6), the payment rate for quality losses for a crop of a commodity on a farm shall be equal to the difference between— #####
(A)the per unit market value that the units of the crop affected by the quality loss would have had if the crop had not suffered a quality loss; and #####
(B)the per unit market value of the units of the crop affected by the quality loss. ####
(4)Eligibility For producers on a farm to be eligible to obtain a payment for a quality loss for a crop under subsection (a), the amount obtained by multiplying the per unit loss determined under paragraph
(1)by the number of units affected by the quality loss shall be at least 25 percent of the value that all affected production of the crop would have had if the crop had not suffered a quality loss. ####
(5)Marketing contracts In the case of any production of a commodity that is sold pursuant to one or more marketing contracts (regardless of whether the contract is entered into by the producers on the farm before or after harvest) and for which appropriate documentation exists, the quantity designated in the contracts shall be eligible for quality loss assistance based on the one or more prices specified in the contracts. ####
(6)Other production For any additional production of a commodity for which a marketing contract does not exist or for which production continues to be owned by the producer, quality losses shall be based on the average local market discounts for reduced quality, as determined by the appropriate State committee of the Farm Service Agency. ####
(7)Quality adjustments and discounts The appropriate State committee of the Farm Service Agency shall identify the appropriate quality adjustment and discount factors to be considered in carrying out this subsection, including— #####
(A)the average local discounts actually applied to a crop; and #####
(B)the discount schedules applied to loans made by the Farm Service Agency or crop insurance coverage under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ####
(8)Sweet potatoes #####
(A)Data In the case of sweet potatoes, any data obtained under a pilot program carried out by the Risk Management Agency shall not be considered for the purpose of determining the quantity of production under the crop disaster assistance program established under this section. #####
(B)Extension of deadline If this paragraph is not implemented before the sign-up deadline for the crop disaster assistance program established under this section, the Secretary shall extend the deadline for producers of sweet potatoes to permit sign-up for the program in accordance with this paragraph. ####
(9)Eligible production The Secretary of Agriculture shall carry out this subsection in a fair and equitable manner for all eligible production, including the production of fruits and vegetables, other specialty crops, and field crops. ###
(e)Payment Limitations ####
(1)Limit on amount of assistance Assistance provided under this section to a producer for losses to a crop, together with the amounts specified in paragraph
(2)applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary of Agriculture. ####
(2)Other payments In applying the limitation in paragraph (1), the Secretary shall include the following: #####
(A)Any crop insurance payment made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) that the producer receives for losses to the same crop. #####
(B)The value of the crop that was not lost (if any), as estimated by the Secretary. ###
(f)Eligibility Requirements and Limitations The producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm— ####
(1)in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses; ####
(2)in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses; or ####
(3)were not in compliance with highly erodible land conservation and wetland conservation provisions. ###
(g)Timing ####
(1)In general Subject to paragraph (2), the Secretary of Agriculture shall make payments to producers on a farm for a crop under this section not later than 60 days after the date the producers on the farm submit to the Secretary a completed application for the payments. ####
(2)Interest If the Secretary does not make payments to the producers on a farm by the date described in paragraph (1), the Secretary shall pay to the producers on a farm interest on the payments at a rate equal to the current (as of the sign-up deadline established by the Secretary) market yield on outstanding, marketable obligations of the United States with maturities of 30 years. ###
(h)Definitions In this section: ####
(1)Insurable commodity The term “**insurable commodity**” means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ####
(2)Noninsurable commodity The term “**noninsurable commodity**” means a crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
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- Pub. L. 106-387
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