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7 U.S.C. § 9016 — Producer election
Federal law — U.S. Code and appendices · legal_authorities
**(a) Election required** For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2031 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9016&num=0&edition=prelim) on a covered commodity-by-covered-commodity basis; or
(2) agriculture risk coverage under [section 9017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9017&num=0&edition=prelim).
**(b) Coverage options** In 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 election** If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable—
(1) the Secretary shall not make any payments with respect to the farm for the 2014 crop year, the 2019 crop year, or the 2026 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;
(B) the same coverage for each covered commodity on the farm for the 2020 through 2023 crop years as was app
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Stable record: federal_law:legal_authorities:record_usc_1710cfd006ba4d7ee75589c7
Source file: Laws/federal/codes/united-states-code/title-7/section-9016-producer-election--1ccdbf8b61.md
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Source location: Title 7, Chapter 115, § 9016; chapter-115-agricultural-commodity-policy-and-programs.md
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**(a) Election required** For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2031 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9016&num=0&edition=prelim) on a covered commodity-by-covered-commodity basis; or
(2) agriculture risk coverage under [section 9017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9017&num=0&edition=prelim).
**(b) Coverage options** In 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 election** If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable—
(1) the Secretary shall not make any payments with respect to the farm for the 2014 crop year, the 2019 crop year, or the 2026 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;
(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; and
(C) the same coverage for each covered commodity on the farm for the 2027 through 2031 crop years as was applicable for the 2025 crop year.
**(d) Effect of selection of county coverage** If all the producers on a farm select county coverage for a covered commodity under subsection (b)(1), the Secretary may not make price loss coverage payments under [section 9016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9016&num=0&edition=prelim) to the producers on the farm with respect to that covered commodity.
**(e) Effect of selection of individual coverage** If 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9017&num=0&edition=prelim), 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** The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election or selection made under this section.
**(g) Special election**
(1) **In general** — In the case of acres allocated to seed cotton on a farm, for the 2018 crop year, all of the producers on the farm shall be given the opportunity to make a new 1-time election under subsection (a) to reflect the designation of seed cotton as a covered commodity for that crop year under [section 9011(6)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9011/6/B&num=0&edition=prelim).
(2) **Effect of failure to make unanimous election** — If all the producers on a farm fail to make a unanimous election under paragraph (1), the producers on the farm shall be deemed to have elected price loss coverage under [section 9016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9016&num=0&edition=prelim) for acres allocated on the farm to seed cotton.
**(h) Option to change election**
(1) **In general** — For the 2021 crop year and each crop year thereafter, all of the producers on a farm may change the election under subsection (a), subsection (c), or this subsection, as applicable, to price loss coverage or agriculture risk coverage, as applicable.
(2) **Applicability** — An 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.
**(i) Higher of price loss coverage payments and agriculture risk coverage payments** For the 2025 crop year, the Secretary shall, on a covered commodity-by-covered commodity basis, make the higher of price loss coverage payments under [section 9016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9016&num=0&edition=prelim) and agriculture risk coverage county coverage payments under [section 9017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9017&num=0&edition=prelim) to the producers on a farm for the payment acres for each covered commodity on the farm.
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Federal law — U.S. Code and appendices · legal_authorities
In this Act, the term “Secretary” means the Secretary of Agriculture.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9011
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Price loss coverage payments** If all of the producers on a farm make the election under subsection (a) or (h) of [section 9015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9015&num=0&edition=prelim) 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 2031 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 price** The 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 years* — For 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 2031 crop years* — For the 2019 through
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9017
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section through [section 1308–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308-5&num=0&edition=prelim):
(1) **Covered commodity** — The term “covered commodity” has the meaning given that term in section 1111 of the Agricultural Act of 2014 ([7 U.S.C. 9011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9011&num=0&edition=prelim)).
(2) **Family member** — The term “family member” means a person to whom a member in the farming operation is related as lineal ancestor, lineal descendant, sibling, first cousin, niece, nephew, spouse, or otherwise by marriage.
(3) **Legal entity** — The term “legal entity” means an entity that is created under Federal or State law and that—
(A) owns land or an agricultural commodity; or
(B) produces an agricultural commodity.
(4) **Person** — The term “person” means a natural person, and does not include a legal entity.
(5) **Qualified pass-through entity** — The term “qualified pass-through entity” means—
(A) a partnership (within the meaning of subchapter K of chapter 1 of the Internal Revenue Code of 1986 [[26 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim) et seq.]);
(B) an S corporation (as defined in section 1361 of that Code);
(C) a limited liability company that does not affirmatively elect to be treated as a corporation; and
(D) a joint venture or general partnership.
(6) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
**(b) Limitation on payments for covered commodities (other than peanuts)** Subject to subsection (i), the total amount of payments received, directly or indirectly, by a person or legal entity (except
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308–3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to offer insurance**
(1) **In general** — If sufficient actuarial data are available (as determined by the Corporation), the Corporation may insure, or provide reinsurance for insurers of, producers of agricultural commodities grown in the United States under 1 or more plans of insurance determined by the Corporation to be adapted to the agricultural commodity concerned. To qualify for coverage under a plan of insurance, the losses of the insured commodity must be due to drought, flood, or other natural disaster (as determined by the Secretary).
(2) **Period** — Except in the cases of tobacco, potatoes, sweet potatoes, and hemp, insurance shall not extend beyond the period during which the insured commodity is in the field. As used in the preceding sentence, in the case of an aquacultural species, the term “field” means the environment in which the commodity is produced.
(3) **Exclusion of losses due to certain actions of producer**
(A) *Exclusions* — Insurance provided under this subsection shall not cover losses due to—
(i) the neglect or malfeasance of the producer;
(ii) the failure of the producer to reseed to the same crop in such areas and under such circumstances as it is customary to reseed; or
(iii) the failure of the producer to follow good farming practices, including scientifically sound sustainable and organic farming practices.
(B) *Good farming practices determination review*
(i) *Informal administrative process* — A producer shall have the right to a review of a determination regarding good farming practices made under subparagraph (A)(iii) in accordance with an informal administrative process to be established by the Corporation.
(ii) *Administrative review*
(I) *No adverse decision* — The determi
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1508
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability** Beginning not later than the 2015 crop of upland cotton, the Corporation shall make available to producers of upland cotton an additional policy (to be known as the “Stacked Income Protection Plan”), which shall provide coverage consistent with the Group Risk Income Protection Plan (and the associated Harvest Revenue Option Endorsement) offered by the Corporation for the 2011 crop year.
**(b) Required terms** The Corporation may modify the Stacked Income Protection Plan on a program-wide basis, except that the Stacked Income Protection Plan shall comply with the following requirements:
(1) Provide coverage for revenue loss of not less than 10 percent and not more than 30 percent of expected county revenue, specified in increments of 5 percent. The deductible shall be the minimum percent of revenue loss at which indemnities are triggered under the plan, not to be less than 10 percent of the expected county revenue.
(2) Be offered to producers of upland cotton in all counties with upland cotton production—
(A) at a county-wide level to the fullest extent practicable; or
(B) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage.
(3) Be purchased in addition to any other individual or area coverage in effect on the producer’s acreage or as a stand-alone policy, except that if a producer has an individual or area coverage for the same acreage, the maximum coverage available under the Stacked Income Protection Plan shall not exceed the deductible for the individual or area coverage.
(4) Establish coverage based on—
(A) the expected price established under existing Group Risk Income Protection or area wide policy offe
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1508b
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter and subchapter II:
(1) **Actual crop revenue** — The term “actual crop revenue”, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under [section 9017(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9017/b&num=0&edition=prelim).
(2) **Agriculture risk coverage** — The term “agriculture risk coverage” means coverage provided under [section 9017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9017&num=0&edition=prelim).
(3) **Agriculture risk coverage guarantee** — The term “agriculture risk coverage guarantee”, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under [section 9017(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9017/c&num=0&edition=prelim).
(4) **Base acres**
(A) *In general* — The term “base acres”, with respect to a covered commodity on a farm, means the number of acres in effect under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8718, and 8752 of this title, as in effect on September 30, 2013, subject to any reallocation, adjustment, or reduction under [section 9012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9012&num=0&edition=prelim).
(B) *Inclusion of generic base acres* — The term “base acres” includes any generic base acres planted to a covered commodity as determined in [section 9014(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9014/b&num=0&edition=prelim).
(5) **County coverage** — The term “county coverage” means agriculture risk coverage selected under [section 9015(
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9012
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retention or 1-time reallocation of base acres**
(1) **Election required**
(A) *Notice of election opportunity* — As 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 notice* — The 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* — If the owner of a farm fails to make the election under this subsection, or fails to timely notify the Secretary of the election as required by subparagraph (B)(iii), the owner shall be deemed to have elected to retain base acres, including generic base acres, as provided in paragraph (2).
(2) **Retention of base acres**
(A) *Election to retain* — For the purpose of applying this subchapter to a covered commodity, the Secretary shall give an owner of a farm an opportunity to elect to retain all of the base acres for each covered commodity on the farm.
(B) *Treatment of generic base acres* — Generic base acres are automatically retained.
(3) **Reallocation of base acres**
(A) *El
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9013
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and purpose** For the purpose of making price loss coverage payments under [section 9016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9016&num=0&edition=prelim), the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed for which a payment yield was not established under [section 8712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8712&num=0&edition=prelim) in accordance with this section.
**(b) Payment yields for designated oilseeds**
(1) **Determination of average yield** — In the case of oilseeds designated before December 20, 2018, the Secretary shall determine the average yield per planted acre for the designated oilseed on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed was zero.
(2) **Adjustment for payment yield**
(A) *In general* — The 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* — To the extent that national average yield information for an oilseed designated before December 20, 2018, is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
(3) **Use of county average yield** — If the
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Federal law — U.S. Code and appendices · legal_authorities
Page 2267
TITLE 7—AGRICULTURE
§ 9016
subsection (a) to reflect the designation of
seed cotton as a covered commodity for that
crop year under section 9011(6)(B) of this title.
(2) Effect of failure to make unanimous elec-
tion
If all the producers on a farm fail to make a
unanimous election under paragraph (1), the
producers on the farm shall be deemed to have
elected price loss coverage under section 9016
of this title for acres allocated on the farm to
seed cotton.
(h) Option to change election
(1) In general
For the 2021 crop year and each crop year
thereafter, all of the producers on a farm may
change the election under subsection (a), sub-
section (c), or this subsection, as applicable, to
price loss coverage or agriculture risk cov-
erage, as applicable.
(2) Applicability
An 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 para-
graph.
(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.)
Editorial Notes
CODIFICATION
Provisions of law applicable to a covered commodity
for the 2023 crop year pursuant to title I of Pub. L.
113–79 applicable to the 2024 crop year for that covered
commodity, see section 102(c)(1) of Pub. L. 118–22, set
out in an Extension of Agricultural Programs note
under section 9001 of this title.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–334, § 1105(1), substituted
‘‘For the 2014 through 2018 crop years (except as pro-
vided in subsection (g)) and for the 2019 through 2023
crop years (subject to subsection (h))’’ for ‘‘Except as
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9016
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.