7 U.S.C. § 9015 — Producer election

Page 2266 TITLE 7—AGRICULTURE § 9015 (4) Reduction exceptions No reduction to payment acres shall be made under this subsection if— (A) cover crops or crops referred to in paragraph (1) are grown solely for conserva- tion purposes and not harvested for use or sale, as determined by the Secretary; or (B) in any region in which there is a his- tory of double-cropping covered commodities with crops referred to in paragraph (1) and such crops were so double-cropped on the base acres, as determined by the Secretary. (5) Effect of reduction For each crop year for which fruits, vegeta- bles (other than mung beans and pulse crops), or wild rice are planted to base acres on a farm for which a reduction in payment acres is made under this subsection, the Secretary shall consider such base acres to be planted, or prevented from being planted, to a covered commodity for purposes of any adjustment or reduction of base acres for the farm under sec- tion 9012 of this title. (f) Unassigned crop base The Secretary shall maintain information on generic base acres on a farm allocated as unas- signed crop base under subsection (b)(4). (Pub. L. 113–79, title I, § 1114, Feb. 7, 2014, 128 Stat. 666; Pub. L. 115–123, div. F, § 60101(a)(5), (6), (11), Feb. 9, 2018, 132 Stat. 308, 309, 311; Pub. L. 115–334, title I, § 1104, Dec. 20, 2018, 132 Stat. 4502.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(1), was in the original ‘‘this title’’, meaning title I of Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 658, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. AMENDMENTS 2018—Subsec. (b)(2). Pub. L. 115–123, § 60101(a)(11), sub- stituted ‘‘paragraphs (1) and (2)’’ for ‘‘paragraphs (1)(B) and (2)(B)’’. Subsec. (b)(4). Pub. L. 115–123, § 60101(a)(5), added par. (4). Subsec. (d)(1). Pub. L. 115–334, § 1104(1)(A), inserted ‘‘, unless the sum of the base acres on the farm, when combined with the base acres of other farms in which the producer has an interest, is more than 10 acres’’ be- fore period at end. Subsec. (d)(2)(C), (D). Pub. L. 115–334, § 1104(1)(B), added subpars. (C) and (D). Subsec. (e)(5). Pub. L. 115–334, § 1104(2), added par. (5). Subsec. (f). Pub. L. 115–123, § 60101(a)(6), added subsec. (f). 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. § 9015. Producer election (a) Election required For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2023 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 on a covered commodity-by-covered- commodity basis; or (2) agriculture risk coverage under section 9017 of this title. (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 unani- mously 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 or the 2019 crop year, as applica- ble— (1) the Secretary shall not make any pay- ments with respect to the farm for the 2014 crop year or the 2019 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 com- modities on the farm for the 2015 through 2018 crop years; and (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. (d) Effect of selection of county coverage If all the producers on a farm select county coverage for a covered commodity under sub- section (b)(1), the Secretary may not make price loss coverage payments under section 9016 of this title to the producers on the farm with re- spect 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 ap- plying to each producer on the farm, the Sec- retary shall consider, for purposes of making the calculations required by subsections (b)(2) and (c)(3) of section 9017 of this title, 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 pro- ducers on the farm shall be given the oppor- tunity to make a new 1-time election under 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 provided in subsection (g), for the 2014 through 2018 crop years’’ in introductory provisions. Pub. L. 115–123, § 60101(a)(7)(A), substituted ‘‘Except as provided in subsection (g), for’’ for ‘‘For’’ in introduc- tory provisions. Subsec. (b). Pub. L. 115–334, § 1105(2), substituted ‘‘In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agri- culture risk coverage’’ for ‘‘In the election under sub- section (a), the producers on a farm that elect under paragraph (2) of such subsection to obtain agriculture risk coverage under section 9017 of this title’’ in intro- ductory provisions. Subsec. (c). Pub. L. 115–334, § 1105(3)(A), inserted ‘‘or the 2019 crop year, as applicable’’ after ‘‘the 2014 crop year’’ in introductory provisions. Subsec. (c)(1). Pub. L. 115–334, § 1105(3)(B), inserted ‘‘or the 2019 crop year, as applicable,’’ after ‘‘the 2014 crop year’’. Subsec. (c)(2). Pub. L. 115–334, § 1105(3)(C), added par. (2) and struck out former par. (2) which read as follows: ‘‘the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for all covered commodities on the farm for the 2015 through 2018 crop years.’’ Subsec. (g). Pub. L. 115–123, § 60101(a)(7)(B), added sub- sec. (g). Subsec. (g)(1). Pub. L. 115–334, § 1105(4), inserted ‘‘for the 2018 crop year,’’ after ‘‘allocated to seed cotton on a farm,’’. Subsec. (h). Pub. L. 115–334, § 1105(5), added subsec. (h). 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. § 9016. Price loss coverage (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 to obtain price loss coverage or, subject to subsection (c)(1) of such section, are deemed to have made such election under sub- section (c)(2) of such section, the Secretary shall make price loss coverage payments to producers on the farm on a covered commodity-by-cov- ered-commodity basis if the Secretary deter- mines that— (1) for any of the 2014 through 2018 crop years— (A) the effective price for the covered com- modity 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 2023 crop years— (A) the effective price for the covered com- modity 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 re- ceived by producers during the 12-month mar- keting year for the covered commodity, as de- termined by the Secretary; or (2) the national average loan rate for a mar- keting assistance loan for the covered com- modity in effect for such crop year under sub- chapter 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 2023 crop years For the 2019 through 2023 crop years, the payment rate shall be equal to the difference between— (i) the effective reference price for the covered commodity; and (ii) the effective price determined under subsection (b) for the covered commodity.