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7 U.S.C. § 1508b — Stacked Income Protection Plan for producers of upland cotton
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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Source file: Laws/federal/codes/united-states-code/title-7/section-1508b-stacked-income-protection-plan-for-producers-of-upland-cotton--b9c4cfd22d.md
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Source location: Title 7, Chapter 36, § 1508b; chapter-036-crop-insurance.md
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**(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 offered by the Corporation for the applicable county (or area) and crop year; and
(B) an expected county yield that is the higher of—
(i) the expected county yield established for the existing area-wide plans offered by the Corporation for the applicable county (or area) and crop year (or, in geographic areas where area-wide plans are not offered, an expected yield determined in a manner consistent with those of area-wide plans); or
(ii) the average of the applicable yield data for the county (or area) for the most recent 5 years, excluding the highest and lowest observations, from the Risk Management Agency or the National Agricultural Statistics Service (or both) or, if sufficient county data is not available, such other data considered appropriate by the Secretary.
(5) Use a multiplier factor to establish maximum protection per acre (referred to as a “protection factor”) of not less than the higher of the level established on a program wide basis or 120 percent.
(6) Pay an indemnity based on the amount that the expected county revenue exceeds the actual county revenue, as applied to the individual coverage of the producer. Indemnities under the Stacked Income Protection Plan shall not include or overlap the amount of the deductible selected under paragraph (1).
(7) In all counties for which data are available, establish separate coverage levels for irrigated and nonirrigated practices.
**(c) Premium** Notwithstanding [section 1508(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/d&num=0&edition=prelim), the premium for the Stacked Income Protection Plan shall—
(1) be sufficient to cover anticipated losses and a reasonable reserve; and
(2) include an amount for operating and administrative expenses established in accordance with [section 1508(k)(4)(F) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/k/4/F&num=0&edition=prelim).
**(d) Payment of portion of premium by corporation** Subject to [section 1508(e)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/e/4&num=0&edition=prelim), the amount of premium paid by the Corporation for all qualifying coverage levels of the Stacked Income Protection Plan shall be—
(1) 80 percent of the amount of the premium established under subsection (c) for the coverage level selected; and
(2) the amount determined under subsection (c)(2), subject to [section 1508(k)(4)(F) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/k/4/F&num=0&edition=prelim), for the coverage to cover administrative and operating expenses.
**(e) Relation to other coverages** The Stacked Income Protection Plan is in addition to all other coverages available to producers of upland cotton.
**(f) Limitation** Effective beginning with the 2019 crop year, a farm shall not be eligible for the Stacked Income Protection Plan for upland cotton for a crop year for which the farm is enrolled in coverage for seed cotton under—
(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); 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).
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9016
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Commodity Credit Corporation** The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.
**(b) Determinations by Secretary** A determination made by the Secretary under this chapter shall be final and conclusive.
**(c) Regulations**
(1) **In general** — Except as otherwise provided in this subsection, not later than 90 days after February 7, 2014, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter.
(2) **Procedure** — The promulgation of the regulations and administration of this chapter and the amendments made by this chapter, sections 11003 and 11017, title I of the Agriculture Improvement Act of 2018 and the amendments made by that title, and section 10109 of that Act shall be made without regard to—
(A) the notice and comment provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim); and
(B) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”).
(3) **Congressional review of agency rulemaking** — In carrying out this subsection, the Secretary shall use the authority provided under [section 808 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section808&num=0&edition=prelim).
**(d) Adjustment authority related to trade agreements compliance**
(1) **Required determination; adjustment** — If the Secretary determines that expenditures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in [section 3501 of title 19](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9092
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 839
TITLE 7—AGRICULTURE
§ 1508b
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under
section 8701 of this title.
EFFECTIVE DATE
Section applicable beginning with the 2001 crop of an
agricultural commodity, see section 171(b)(2)(F) of Pub.
L. 106–224, set out as an Effective Date of 2000 Amend-
ment note under section 1501 of this title.
§ 1508b. Stacked Income Protection Plan for pro-
ducers of upland cotton
(a) Availability
Beginning not later than the 2015 crop of up-
land cotton, the Corporation shall make avail-
able 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 Protec-
tion 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 In-
come 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 per-
cent 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 ex-
pected county revenue.
(2) Be offered to producers of upland cotton
in all counties with upland cotton produc-
tion—
(A) at a county-wide level to the fullest ex-
tent practicable; or
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1508b
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.