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7 U.S.C. § 1508a — Double insurance and prevented plant-
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Page 837
TITLE 7—AGRICULTURE
§ 1508a
formance and practices are not carried out in accord-
ance with the applicable reinsurance agreement.’’
NOTICE TO PRODUCERS OF RIGHT TO ELECT SUBSIDIZED
CROP
INSURANCE
OR
DISASTER
PAYMENTS
ON
1981
CROPS
Pub. L. 96–365, title II, § 202, Sept. 26, 1980, 94 Stat.
1321, provided that: ‘‘The Secretary of Agriculture,
after consultation with the Board of Directors of the
Federal Crop Insurance Corporation, shall, at least
sixty days prior to the beginning of the planting of the
1981 crops of wheat, feed grains, upland cotton, and
rice, or thirty days after the date of enactment of this
Act [Sept. 26, 1980], whichever is the later, notify pro-
ducers of those commodities of their right to elect,
with respect to the 1981 crop, between (1) declaring the
farm acreage of the respective commodity eligible for
disaster payments under the Agricultural Act of 1949 [7
U.S.C. 1421 et seq.], or (2) covering such farm acreage
with crop insurance, part of the premium for which is
paid by the Federal Crop Insurance Corporation under
the provisions of section 508(b)(3) or 508(e) of the Fed-
eral Crop Insurance Act [subsec. (b)(3) or (e) of this sec-
tion]. Such notice shall include a statement of the per-
cent of crop insurance premium that will be paid by the
Corporation.’’
STUDY OF ALTERNATIVE ALL-RISK, ALL-CROP
INSURANCE PROGRAMS
Pub. L. 95–181, § 2, Nov. 15, 1977, 91 Stat. 1373, provided
that: ‘‘The Secretary of Agriculture shall undertake an
immediate study of alternative programs which could
be established for an all-risk, all-crop insurance to help
provide protection to those suffering crop losses in
floods, droughts, and other natural disasters, including
alternative methods of administration, Federal assist-
ance, reins
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Page 837
TITLE 7—AGRICULTURE
§ 1508a
formance and practices are not carried out in accord-
ance with the applicable reinsurance agreement.’’
NOTICE TO PRODUCERS OF RIGHT TO ELECT SUBSIDIZED
CROP
INSURANCE
OR
DISASTER
PAYMENTS
ON
1981
CROPS
Pub. L. 96–365, title II, § 202, Sept. 26, 1980, 94 Stat.
1321, provided that: ‘‘The Secretary of Agriculture,
after consultation with the Board of Directors of the
Federal Crop Insurance Corporation, shall, at least
sixty days prior to the beginning of the planting of the
1981 crops of wheat, feed grains, upland cotton, and
rice, or thirty days after the date of enactment of this
Act [Sept. 26, 1980], whichever is the later, notify pro-
ducers of those commodities of their right to elect,
with respect to the 1981 crop, between (1) declaring the
farm acreage of the respective commodity eligible for
disaster payments under the Agricultural Act of 1949 [7
U.S.C. 1421 et seq.], or (2) covering such farm acreage
with crop insurance, part of the premium for which is
paid by the Federal Crop Insurance Corporation under
the provisions of section 508(b)(3) or 508(e) of the Fed-
eral Crop Insurance Act [subsec. (b)(3) or (e) of this sec-
tion]. Such notice shall include a statement of the per-
cent of crop insurance premium that will be paid by the
Corporation.’’
STUDY OF ALTERNATIVE ALL-RISK, ALL-CROP
INSURANCE PROGRAMS
Pub. L. 95–181, § 2, Nov. 15, 1977, 91 Stat. 1373, provided
that: ‘‘The Secretary of Agriculture shall undertake an
immediate study of alternative programs which could
be established for an all-risk, all-crop insurance to help
provide protection to those suffering crop losses in
floods, droughts, and other natural disasters, including
alternative methods of administration, Federal assist-
ance, reinsurance, rate setting and private insurance
industry involvement, as well as variations on the ex-
isting crop insurance program, and such other matters
as he determines are relevant, and shall report his find-
ings and recommendations to the President for trans-
mission to the Congress by March 1, 1978. The Sec-
retary shall consult with the Secretary of Housing and
Urban Development on behalf of the Federal Insurance
Administration; the Secretary of Treasury and rep-
resentatives of the private insurance industry in the
course of the study and shall identify the views of each
in forwarding his findings and recommendations to the
President. Such sums, not exceeding $200,000, as are ap-
propriated for fiscal year 1978 under section 504 of the
Federal Crop Insurance Act, as amended [section 1504 of
this title], may be utilized to conduct such a study.’’
VALIDITY AND TERMINATION OF PRIOR INSURANCE
CONTRACTS
Act Aug. 1, 1947, ch. 440, § 5, 61 Stat. 719, provided:
‘‘Nothing in this Act [amending sections 1502, 1505 (a to
d), 1506(d), 1507(d), and 1508 (a to c) of this title] shall
be construed to affect the validity of any insurance
contract entered into prior to the enactment of this
Act [Aug. 1, 1947] insofar as such contract covers the
1947 crop year. Any such contract which purports to
cover a crop in the 1948 or any subsequent crop year in
any county in which insurance on such crop will be dis-
continued pursuant to this Act is hereby terminated at
the end of the 1947 crop year.’’
Executive Documents
TRANSFER OF FUNCTIONS
Administration of program of Federal Crop Insurance
Corporation transferred to Secretary of Agriculture by
1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R.
7877, 60 Stat. 1100. See note set out under section 1503
of this title.
Wartime consolidation of Federal Crop Insurance
Corporation into Agricultural Conservation and Ad-
justment Administration, see note set out under sec-
tion 1503 of this title.
§ 1508a. Double insurance and prevented plant-
ing
(a) Definitions
In this section:
(1) First crop
The term ‘‘first crop’’ means the first crop of
the first agricultural commodity planted for
harvest, or prevented from being planted, on
specific acreage during a crop year and insured
under this subchapter.
(2) Second crop
The term ‘‘second crop’’ means a second crop
of the same agricultural commodity as the
first crop, or a crop of a different agricultural
commodity following the first crop, planted on
the same acreage as the first crop for harvest
in the same crop year, except the term does
not include a replanted crop.
(3) Replanted crop
The term ‘‘replanted crop’’ means any agri-
cultural commodity replanted on the same
acreage as the first crop for harvest in the
same crop year if the replanting is required by
the terms of the policy of insurance covering
the first crop.
(b) Double insurance
(1) Options on loss to first crop
Except as provided in subsections (d) and (e),
if a first crop insured under this subchapter in
a crop year has a total or partial insurable
loss, the producer of the first crop may elect
one of the following options:
(A) No second crop planted
The producer may—
(i) elect to not plant a second crop on the
same acreage for harvest in the same crop
year; and
(ii) collect an indemnity payment that is
equal to 100 percent of the insurable loss
for the first crop.
(B) Second crop planted
The producer may—
(i) plant a second crop on the same acre-
age for harvest in the same crop year; and
(ii) collect an indemnity payment estab-
lished by the Corporation for the first
crop, but not to exceed 35 percent of the
insurable loss for the first crop.
(2) Effect of no loss to second crop
If a producer makes an election under para-
graph (1)(B) and the producer does not suffer
an insurable loss to the second crop, the pro-
ducer may collect an indemnity payment for
the first crop that is equal to—
(A) 100 percent of the insurable loss for the
first crop; less
(B) the amount previously collected under
paragraph (1)(B)(ii).
(3) Premium for first crop if second crop plant-
ed
(A) Initial premium
If a producer makes an election under
paragraph (1)(B), the producer shall be re-
sponsible for a premium for the first crop
Page 838
TITLE 7—AGRICULTURE
§ 1508a
that is commensurate with the indemnity
paid under paragraph (1)(B)(ii). The Corpora-
tion shall adjust the total premium for the
first crop to reflect the reduced indemnity.
(B) Effect of no loss to second crop
If the producer makes an election under
paragraph (1)(B) and the producer does not
suffer an insurable loss to the second crop,
the producer shall be responsible for a pre-
mium for the first crop that is equal to—
(i) the full premium owed by the pro-
ducer for the first crop; less
(ii) the amount of premium previously
paid under subparagraph (A).
(c) Prevented planting coverage
(1) Options on loss to first crop
Except as provided in subsections (d) and (e),
if a first crop insured under this subchapter in
a crop year is prevented from being planted,
the producer of the first crop may elect one of
the following options:
(A) No second crop planted
The producer may—
(i) elect to not plant a second crop on the
same acreage for harvest in the same crop
year; and
(ii) subject to paragraph (4), collect an
indemnity payment that is equal to 100
percent of the prevented planting guar-
antee for the acreage for the first crop.
(B) Second crop planted
The producer may—
(i) plant a second crop on the same acre-
age for harvest in the same crop year; and
(ii) subject to paragraphs (4) and (5), col-
lect an indemnity payment established by
the Corporation for the first crop, but not
to exceed 35 percent of the prevented
planting guarantee for the acreage for the
first crop.
(2) Premium for first crop if second planted
If the producer makes an election under
paragraph (1)(B), the producer shall pay a pre-
mium for the first crop that is commensurate
with the indemnity paid under paragraph
(1)(B)(ii). The Corporation shall adjust the
total premium for the first crop to reflect the
reduced indemnity.
(3) Effect on actual production history
Except in the case of double cropping de-
scribed in subsection (d), if a producer make
an election under paragraph (1)(B) for a crop
year, the Corporation shall assign the pro-
ducer a recorded yield for that crop year for
the first crop equal to 60 percent of the pro-
ducer’s actual production history for the agri-
cultural commodity involved, for purposes of
determining the producer’s actual production
history for subsequent crop years.
(4) Area conditions required for payment
The Corporation shall limit prevented plant-
ing payments for producers to those situations
in which other producers, in the area where a
first crop is prevented from being planted is
located, are also generally affected by the con-
ditions that prevented the first crop from
being planted.
(5) Planting date
If a producer plants the second crop before
the latest planting date established by the
Corporation for the first crop, the Corporation
shall not make a prevented planting payment
with regard to the first crop.
(d) Exception for established double cropping
practices
A producer may receive full indemnity pay-
ments on two or more crops planted for harvest
in the same crop year and insured under this
subchapter if each of the following conditions
are met:
(1) There is an established practice of plant-
ing two or more crops for harvest in the same
crop year in the area, as determined by the
Corporation.
(2) An additional coverage policy or plan of
insurance is offered with respect to the agri-
cultural commodities planted on the same
acreage for harvest in the same crop year in
the area.
(3) The producer has a history of planting
two or more crops for harvest in the same crop
year or the applicable acreage has historically
had two or more crops planted for harvest in
the same crop year.
(4) The second or more crops are customarily
planted after the first crop for harvest on the
same acreage in the same year in the area.
(e) Subsequent crops
Except in the case of double cropping de-
scribed in subsection (d), if a producer elects to
plant a crop (other than a replanted crop) subse-
quent to a second crop on the same acreage as
the first crop and second crop for harvest in the
same crop year, the producer shall not be eligi-
ble for insurance under this subchapter, or non-
insured crop assistance under section 7333 of this
title, for the subsequent crop.
(Feb. 16, 1938, ch. 30, title V, § 508A, as added
Pub. L. 106–224, title I, § 108, June 20, 2000, 114
Stat. 368; amended Pub. L. 110–234, title XII,
§ 12033(c)(2)(B), May 22, 2008, 122 Stat. 1405; Pub.
L. 110–246, § 4(a), title XII, § 12033(c)(2)(B), June
18, 2008, 122 Stat. 1664, 2167.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
PRIOR PROVISIONS
A prior section 1508a, act Feb. 16, 1938, ch. 30, title V,
§ 508A, as added Aug. 14, 1989, Pub. L. 101–82, title VI,
§ 604, 103 Stat. 587; amended Aug. 10, 1993, Pub. L. 103–66,
title XIV, § 1403(b)(3), 107 Stat. 334, related to crop in-
surance yield coverage, prior to repeal by Pub. L.
103–354, title I, §§ 107, 120, Oct. 13, 1994, 108 Stat. 3197,
3208, effective Oct. 13, 1994, and applicable to provision
of crop insurance beginning with 1995 crop year.
AMENDMENTS
2008—Pub. L. 110–246, § 12033(c)(2)(B), substituted ‘‘this
subchapter’’ for ‘‘this chapter’’ wherever appearing.
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
(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 in-
dividual or area coverage in effect on the pro-
ducer’s acreage or as a stand-alone policy, ex-
cept that if a producer has an individual or
area coverage for the same acreage, the max-
imum 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 of-
fered, 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 Man-
agement Agency or the National Agricul-
tural Statistics Service (or both) or, if suf-
ficient county data is not available, such
other data considered appropriate by the
Secretary.
(5) Use a multiplier factor to establish max-
imum protection per acre (referred to as a
‘‘protection factor’’) of not less than the high-
er 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 indi-
vidual 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 avail-
able, establish separate coverage levels for ir-
rigated and nonirrigated practices.
(c) Premium
Notwithstanding section 1508(d) of this title,
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 ad-
ministrative expenses established in accord-
ance with section 1508(k)(4)(F) of this title.
(d) Payment of portion of premium by corpora-
tion
Subject to section 1508(e)(4) of this title, the
amount of premium paid by the Corporation for
all qualifying coverage levels of the Stacked In-
come Protection Plan shall be—
(1) 80 percent of the amount of the premium
established under subsection (c) for the cov-
erage level selected; and
(2) the amount determined under subsection
(c)(2), subject to section 1508(k)(4)(F) of this
title, for the coverage to cover administrative
and operating expenses.
(e) Relation to other coverages
The Stacked Income Protection Plan is in ad-
dition to all other coverages available to pro-
ducers of upland cotton.
(f) Limitation
Effective beginning with the 2019 crop year, a
farm shall not be eligible for the Stacked In-
come Protection Plan for upland cotton for a
crop year for which the farm is enrolled in cov-
erage for seed cotton under—
(1) price loss coverage under section 9016 of
this title; or
(2) agriculture risk coverage under section
9017 of this title.
(Feb. 16, 1938, ch. 30, title V, § 508B, as added Pub.
L. 113–79, title XI, § 11017(a), Feb. 7, 2014, 128 Stat.
964; amended Pub. L. 115–123, div. F, § 60101(a)(10),
Feb. 9, 2018, 132 Stat. 310.)
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
**(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
**(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi
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Federal law — U.S. Code and appendices · legal_authorities
Page 701
TITLE 7—AGRICULTURE
§ 1421
Sec.
1430.
Retroactive effect.
1431.
Disposition of commodities to prevent
waste.
1431a.
Cotton donations to educational institu-
tions.
1431b.
Distribution of surplus commodities to
other United States areas.
1431c.
Enrichment and packaging of cornmeal,
grits, rice, and white flour available
for distribution.
1431d.
Donations for school feeding programs
abroad; student financing; priorities.
1431e.
Distribution of surplus commodities to
special nutrition projects; reprocessing
agreements with private companies.
1431f.
Assistance to foreign countries to miti-
gate effects of HIV and AIDS.
1432.
Extension of price support on long staple
cotton seeds and products.
1433.
Repealed.
1433a.
Forgiveness of violations; determina-
tions.
1433b.
Processing of surplus agricultural com-
modities into liquid fuels and agricul-
tural commodity byproducts.
1433c.
Advance recourse commodity loans.
1433c–1.
Advance recourse loans.
1433d to 1433f. Omitted or Repealed.
1434.
Encouragement of production of crops of
which United States is a net importer
and for which price support programs
are not in effect; authority to plant on
set-aside acreage with no reduction in
payment rate.
1435.
Production of commodities for conver-
sion into alcohol or hydrocarbons for
use as motor fuels or other fuels; terms
and conditions; determinations; pay-
ments, etc., for program.
1436.
Reimbursement of appropriations avail-
able for classing or grading agriculture
commodities without charge.
1436a.
Transfer of nonadministrative funds of
Commodity
Credit
Corporation
for
classing and grading purposes.
SUBCHAPTER II—BASIC AGRICULTURAL
COMMODITIES
1441.
Price support levels.
1441–1.
Omitted.
1441–1a.
Marketing
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **First crop** — The term “first crop” means the first crop of the first agricultural commodity planted for harvest, or prevented from being planted, on specific acreage during a crop year and insured under this subchapter.
(2) **Second crop** — The term “second crop” means a second crop of the same agricultural commodity as the first crop, or a crop of a different agricultural commodity following the first crop, planted on the same acreage as the first crop for harvest in the same crop year, except the term does not include a replanted crop.
(3) **Replanted crop** — The term “replanted crop” means any agricultural commodity replanted on the same acreage as the first crop for harvest in the same crop year if the replanting is required by the terms of the policy of insurance covering the first crop.
**(b) Double insurance**
(1) **Options on loss to first crop** — Except as provided in subsections (d) and (e), if a first crop insured under this subchapter in a crop year has a total or partial insurable loss, the producer of the first crop may elect one of the following options:
(A) *No second crop planted* — The producer may—
(i) elect to not plant a second crop on the same acreage for harvest in the same crop year; and
(ii) collect an indemnity payment that is equal to 100 percent of the insurable loss for the first crop.
(B) *Second crop planted* — The producer may—
(i) plant a second crop on the same acreage for harvest in the same crop year; and
(ii) collect an indemnity payment established by the Corporation for the first crop, but not to exceed 35 percent of the insurable loss for the first crop.
(2) **Effect of no loss to second crop** — If a producer makes an election under paragraph (1)(B) a
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1508a
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