7 U.S.C. § 9013 — Payment yields

Page 2263 TITLE 7—AGRICULTURE § 9013 spect to those base acres under section 9016 or 9017 of this title for the 2019 through 2023 crop years. (B) Ineligibility The producers on a farm for which all of the base acres are maintained under sub- paragraph (A) shall be ineligible for the op- tion to change the election applicable to the producers on the farm under section 9015(h) of this title. (4) Prohibition on reconstitution of farm The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change the treatment of base acres under this section. (Pub. L. 113–79, title I, § 1112, Feb. 7, 2014, 128 Stat. 661; Pub. L. 115–334, title I, § 1102, Dec. 20, 2018, 132 Stat. 4501.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in subsec. (c)(2)(A)(i), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified generally to subpart B (§ 3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. 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. (c)(2)(A). Pub. L. 115–334, § 1102(a), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).’’ Subsec. (d)(3), (4). Pub. L. 115–334, § 1102(b), added pars. (3) and (4). § 9013. Payment yields (a) Establishment and purpose For the purpose of making price loss coverage payments under section 9016 of this title, 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 in accordance with this section. (b) Payment yields for designated oilseeds (1) Determination of average yield In the case of oilseeds designated before De- cember 20, 2018, the Secretary shall determine the average yield per planted acre for the des- ignated 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 oil- seed designated before December 20, 2018, shall be equal to the product of the fol- lowing: (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 des- ignated 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 Sec- retary shall use such information as the Sec- retary determines to be fair and equitable to establish a national average yield under this section. (3) Use of county average yield If the yield per planted acre for a crop of an oilseed designated before December 20, 2018, for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed, the Sec- retary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1). (4) Treatment of oilseeds designated after cer- tain date In the case of oilseeds designated on or after December 20, 2018, the payment yield shall be equal to 90 percent of the average of the yield per planted acre for the most recent 5 crop years, as determined by the Secretary, exclud- ing any crop year in which the acreage planted to the covered commodity was zero. (c) Effect of lack of payment yield (1) Establishment by Secretary In the case of a covered commodity on a farm for which base acres have been estab- lished or that is planted on generic base acres, if no payment yield is otherwise established for the covered commodity on the farm, the Secretary shall establish an appropriate pay- ment yield for the covered commodity on the farm under paragraph (2). (2) Use of similarly situated farms To establish an appropriate payment yield for a covered commodity on a farm as required by paragraph (1), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law. (d) Single opportunity to update yields (1) Election to update At the sole discretion of the owner of a farm, the owner of a farm shall have a 1-time oppor- tunity to update, on a covered-commodity-by- covered-commodity basis, the payment yield that would otherwise be used in calculating any price loss coverage payment for each cov- Page 2264 TITLE 7—AGRICULTURE § 9014 ered commodity on the farm for which the election is made. (2) Method of updating yields for covered com- modities If the owner of a farm elects to update yields under paragraph (1), the payment yield for a covered commodity on the farm, for the pur- pose of calculating price loss coverage pay- ments only, shall be equal to the product ob- tained by multiplying— (A) 90 percent; (B) the average of the yield per planted acre for the crop of covered commodities on the farm for the 2013 through 2017 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero; and (C) subject to paragraph (3), the ratio ob- tained by dividing— (i) the average of the 2008 through 2012 national average yield per planted acre for the covered commodity, as determined by the Secretary; by (ii) the average of the 2013 through 2017 national average yield per planted acre for the covered commodity, as determined by the Secretary. (3) Limitation In no case shall the ratio obtained under paragraph (2)(C) be less than 90 percent or greater than 100 percent. (4) Use of county average yield For the purposes of determining the average yield per planted acre under paragraph (2)(B), if the yield per planted acre for a crop of a covered commodity for a farm for any of the crop years described in that subparagraph was less than 75 percent of the average of county yields for those crop years for that com- modity, the Secretary shall assign a yield for that crop year equal to 75 percent of the aver- age of the 2013 through 2017 county yield for the covered commodity. (5) Upland cotton conversion In the case of seed cotton, for purposes of de- termining the average of the yield per planted acre under this subsection, the average yield for seed cotton per planted acre shall be equal to 2.4 times the average yield for upland cot- ton per planted acre. (6) Time for election An election under this subsection shall be made at a time and manner so as to be in ef- fect beginning with the 2020 crop year, as de- termined by the Secretary. (e) Payment yield for seed cotton (1) Payment yield Subject to paragraph (2), the payment yield for seed cotton for a farm shall be equal to 2.4 times the payment yield for upland cotton for the farm established under section 8714(e)(3) of this title (as in effect on September 30, 2013). (2) Update At the sole discretion of the owner of a farm with a yield for upland cotton described in paragraph (1), the owner of the farm shall have a 1-time opportunity to update the payment yield for upland cotton for the farm, as pro- vided in subsection (d), for the purpose of cal- culating the payment yield for seed cotton under paragraph (1). (Pub. L. 113–79, title I, § 1113, Feb. 7, 2014, 128 Stat. 664; Pub. L. 115–123, div. F, § 60101(a)(4), Feb. 9, 2018, 132 Stat. 308; Pub. L. 115–334, title I, § 1103, Dec. 20, 2018, 132 Stat. 4501.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–334, § 1103(a)(1), sub- stituted ‘‘oilseeds designated before December 20, 2018’’ for ‘‘designated oilseeds’’. Subsec. (b)(2), (3). Pub. L. 115–334, § 1103(a)(2), sub- stituted ‘‘an oilseed designated before December 20, 2018,’’ for ‘‘a designated oilseed’’ wherever appearing. Subsec. (b)(4). Pub. L. 115–334, § 1103(a)(3), added par. (4). Subsec. (d). Pub. L. 115–334, § 1103(b), added subsec. (d) and struck out former subsec. (d) which consisted of pars. (1) to (4) relating to election to update payment yield, time for election, method of updating yields, and use of county average yield, respectively. Subsec. (e). Pub. L. 115–123 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–123 applicable beginning with the 2018 crop year, see section 60101(a)(13) of Pub. L. 115–123, set out as a note under section 9011 of this title. § 9014. Payment acres (a) Determination of payment acres (1) General rule For the purpose of price loss coverage and agriculture risk coverage when county cov- erage has been selected under section 9015(b)(1) of this title, but subject to subsection (e), the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm. (2) Effect of individual coverage In the case of agriculture risk coverage when individual coverage has been selected under section 9015(b)(2) of this title, but sub- ject to subsection (e), the payment acres for a farm shall be equal to 65 percent of the base acres for all of the covered commodities on the farm. (b) Treatment of generic base acres (1) In general In the case of generic base acres, price loss coverage payments and agriculture risk cov- erage payments are made only with respect to generic base acres planted to a covered com- modity for the crop year. (2) Attribution With respect to a farm containing generic base acres, for the purpose of applying para- graphs (1) and (2) of subsection (a), generic base acres on the farm are attributed to a cov- ered commodity in the following manner: (A) If a single covered commodity is plant- ed and the total acreage planted exceeds the