7 U.S.C. § 1524 — Education and risk management assist-

Page 865 TITLE 7—AGRICULTURE § 1524 1 So in original. Probably should be followed by ‘‘and’’. this section not more than $12,500,000 for each of fiscal years 2015 through 2018, to re- main available until expended. (B) Relation to other programs The amount of funds made available under this section shall be in addition to amounts made available under other provisions of this subchapter, including amounts made available under subsection (b). (Feb. 16, 1938, ch. 30, title V, § 523, as added Pub. L. 106–224, title I, § 132(a), June 20, 2000, 114 Stat. 383; amended Pub. L. 107–171, title X, § 10004, May 13, 2002, 116 Stat. 487; Pub. L. 110–234, title XII, §§ 12025(a), 12033(c)(2)(B), May 22, 2008, 122 Stat. 1389, 1405; Pub. L. 110–246, § 4(a), title XII, §§ 12025(a), 12033(c)(2)(B), June 18, 2008, 122 Stat. 1664, 2151, 2167; Pub. L. 113–79, title XI, §§ 11025, 11026, Feb. 7, 2014, 128 Stat. 974; Pub. L. 115–123, div. F, § 60101(c)(1), Feb. 9, 2018, 132 Stat. 312; Pub. L. 115–334, title XI, § 11124, Dec. 20, 2018, 132 Stat. 4935.) Editorial Notes REFERENCES IN TEXT Section 1522(e)(4) of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 113–79, title XI, § 11022(b)(3), Feb. 7, 2014, 128 Stat. 973. The date of enactment of this subsection, referred to in subsecs. (f)(3), (g)(4), and (h)(4), is the date of enact- ment of Pub. L. 110–246, which was approved June 18, 2008. 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 L. 110–234 were repealed by section 4(a) of Pub.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. AMENDMENTS 2018—Subsec. (b)(10). Pub. L. 115–123 struck out par. (10) which related to limitation on expenditures. Subsec. (i)(3)(A). Pub. L. 115–334 inserted period at end. 2014—Subsec. (a)(1). Pub. L. 113–79, § 11025(1), inserted ‘‘, at the sole discretion of the Corporation,’’ after ‘‘the Corporation may’’. Subsec. (a)(5). Pub. L. 113–79, § 11025(2), struck out par. (5) which related to evaluation of the pilot program. Subsec. (i). Pub. L. 113–79, § 11026, added subsec. (i). 2008—Subsecs. (a), (b), (d). Pub. L. 110–246, § 12033(c)(2)(B), substituted ‘‘this subchapter’’ for ‘‘this chapter’’ wherever appearing. Subsec. (f). Pub. L. 110–246, § 12033(c)(2)(B), substituted ‘‘this subchapter’’ for ‘‘this chapter’’. Pub. L. 110–246, § 12025(a), added subsec. (f). Subsecs. (g), (h). Pub. L. 110–246, § 12025(a), added sub- secs. (g) and (h). 2002—Subsec. (e). Pub. L. 107–171 added subsec. (e). 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 effective Oct. 1, 2000, see section 171(b)(1)(A) of Pub. L. 106–224, set out as an Effective Date of 2000 Amendment note under section 1501 of this title. § 1524. Education and risk management assist- ance (a) Education assistance (1) In general Subject to the amounts made available under paragraph (4), the Secretary, acting through the National Institute of Food and Agriculture, shall carry out the program es- tablished under paragraph (2). (2) Partnerships for risk management edu- cation (A) Authority The Secretary, acting through the Na- tional Institute of Food and Agriculture, shall establish a program under which com- petitive grants are made to qualified public and private entities (including land grant colleges, cooperative extension services, and colleges or universities), as determined by the Secretary, for the purpose of educating agricultural producers and providing tech- nical assistance to agricultural producers on a full range of farm viability and risk man- agement activities, including futures, op- tions, agricultural trade options, crop insur- ance, business planning, enterprise analysis, transfer and succession planning, manage- ment coaching, market assessment, cash flow analysis, cash forward contracting, debt reduction, production diversification, farm resources risk reduction, farm financial benchmarking, conservation activities, and other risk management strategies. (B) Basis for grants A grant under this paragraph shall be awarded on the basis of merit and shall be subject to peer or merit review. (C) Obligation period Funds for a grant under this paragraph shall be available to the Secretary for obli- gation for a 2-year period. (D) Administrative costs The Secretary may use not more than 4 percent of the funds made available for grants under this paragraph for administra- tive costs incurred by the Secretary in car- rying out this paragraph. (3) Requirements In carrying out the program established under paragraph (2), the Secretary shall place special emphasis on farm viability and risk management strategies (including farm finan- cial benchmarking, business planning and technical assistance, market assessment, transfer and succession planning, and crop in- surance participation), education, and out- reach specifically targeted at— (A) beginning farmers or ranchers; (B) legal immigrant farmers or ranchers that are attempting to become established producers in the United States; (C) socially disadvantaged farmers or ranchers; (D) farmers or ranchers that— (i) are preparing to retire; (ii) are using transition strategies to help new farmers or ranchers get started; 1 Page 866 TITLE 7—AGRICULTURE § 1524 2 So in original. The word ‘‘and’’ probably should not appear. 3 See References in Text note below. (iii) are converting production and mar- keting systems to pursue new markets; and 2 (E) producers that are underserved by the Federal crop insurance program established under this subchapter, as determined by the Corporation; and (F) veteran farmers or ranchers. (4) Funding From the insurance fund established under section 1516(c) of this title, there is transferred for the partnerships for risk management edu- cation program established under paragraph (2), $10,000,000 for fiscal year 2019 and each sub- sequent fiscal year, of which not less than $5,000,000 shall be used to carry out paragraph (3)(E). (b) Agricultural management assistance (1) Authority The Secretary shall provide financial assist- ance to producers in the States of Con- necticut, Delaware, Hawaii, Maryland, Massa- chusetts, Maine, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Is- land, Utah, Vermont, West Virginia, and Wyo- ming. (2) Uses A producer may use financial assistance pro- vided under this subsection to— (A) construct or improve— (i) watershed management structures; or (ii) irrigation structures; (B) plant trees to form windbreaks or to improve water quality; (C) mitigate financial risk through produc- tion or marketing diversification or resource conservation practices, including— (i) soil erosion control; (ii) integrated pest management; (iii) organic farming; or (iv) to develop and implement a plan to create marketing opportunities for the producer, including through value-added processing; (D) enter into futures, hedging, or options contracts in a manner designed to help re- duce production, price, or revenue risk; (E) enter into agricultural trade options as a hedging transaction to reduce production, price, or revenue risk; or (F) conduct any other activity relating to an activity described in subparagraphs (A) through (E), as determined by the Secretary. (3) Payment limitation The total amount of payments made to a person (as defined in section 1308(5) 3 of this title) (before the amendment made by section 1603(a) 3 of the Food, Conservation, and Energy Act of 2008) under this subsection for any year may not exceed $50,000. (4) Commodity Credit Corporation (A) In general The Secretary shall carry out this sub- section through the Commodity Credit Cor- poration. (B) Funding (i) In general Except as provided in clause (ii), the Commodity Credit Corporation shall make available to carry out this subsection not less than $10,000,000 for each fiscal year. (ii) Exception for certain fiscal years For each of fiscal years 2008 through 2014, the Commodity Credit Corporation shall make available to carry out this sub- section $15,000,000. (C) Certain uses Of the amounts made available to carry out this subsection for a fiscal year, the Commodity Credit Corporation shall use not less than— (i) 50 percent to carry out subparagraphs (A), (B), and (C) of paragraph (2) through the Natural Resources Conservation Serv- ice; (ii) 10 percent to provide organic certifi- cation cost share assistance through the Agricultural Marketing Service; and (iii) 40 percent to conduct activities to carry out subparagraph (F) of paragraph (2) through the Risk Management Agency. (Feb. 16, 1938, ch. 30, title V, § 524, as added Pub. L. 106–224, title I, § 133, June 20, 2000, 114 Stat. 387; amended Pub. L. 107–171, title II, § 2501, May 13, 2002, 116 Stat. 263; Pub. L. 108–199, div. A, title VII, § 769, Jan. 23, 2004, 118 Stat. 40; Pub. L. 110–234, title I, § 1603(g)(3), title II, § 2801, title VII, § 7511(c)(2), title XII, § 12026, May 22, 2008, 122 Stat. 1011, 1085, 1267, 1390; Pub. L. 110–246, § 4(a), title I, § 1603(g)(3), title II, § 2801, title VII, § 7511(c)(2), title XII, § 12026, June 18, 2008, 122 Stat. 1664, 1739, 1813, 2028, 2152; Pub. L. 112–55, div. A, title VII, § 716(a), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–79, title I, § 1609(b)(1), title XI, § 11027(c), Feb. 7, 2014, 128 Stat. 709, 977; Pub. L. 115–334, title XI, § 11125(a), title XII, § 12306(b)(3), Dec. 20, 2018, 132 Stat. 4935, 4969.) Editorial Notes REFERENCES IN TEXT Section 1308(5) of this title, which required the Sec- retary to issue regulations defining ‘‘person’’, referred to in subsec. (b)(3), was redesignated section 1308(e) and amended by section 1603(b)(1) of Pub. L. 107–171. Section 1603(a) of the Food, Conservation, and Energy Act of 2008, Pub. L. 110–246, subsequently amended the defini- tion of ‘‘covered commodity’’ in section 1308(a)(1). Sec- tion 1603(b) of Pub. L. 110–246 amended section 1308 by, among other things, striking out subsec. (e) and adding subsec. (a)(4) which defined ‘‘person’’. The amendments by section 1603 of Pub. L. 110–246 to section 1308 were ef- fective May 22, 2008. 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. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–334, § 11125(a)(1), sub- stituted ‘‘paragraph (4), the Secretary’’ for ‘‘paragraph (5)—’’, struck out subpar. (A) and ‘‘(B) the Secretary’’ before ‘‘, acting through’’, and substituted ‘‘paragraph (2)’’ for ‘‘paragraph (3)’’. Prior to amendment, subpar. Page 867 TITLE 7—AGRICULTURE § 1524 (A) read as follows: ‘‘the Corporation shall carry out the program established under paragraph (2); and’’. Subsec. (a)(2). Pub. L. 115–334, § 11125(a)(2), (3), redesig- nated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘The Corporation shall establish a program under which crop insurance education and information is provided to pro- ducers in States in which (as determined by the Sec- retary)— ‘‘(A) there is traditionally, and continues to be, a low level of Federal crop insurance participation and availability; and ‘‘(B) producers are underserved by the Federal crop insurance program.’’ Subsec. (a)(2)(A). Pub. L. 115–334, § 11125(a)(4), sub- stituted ‘‘and providing technical assistance to agricul- tural producers on a full range of farm viability and’’ for ‘‘about the full range of’’ and inserted ‘‘business planning, enterprise analysis, transfer and succession planning, management coaching, market assessment, cash flow analysis,’’ after ‘‘insurance,’’ and ‘‘conserva- tion activities,’’ after ‘‘benchmarking,’’. Subsec. (a)(3). Pub. L. 115–334, § 11125(a)(3), (5)(A), re- designated par. (4) as (3) and, in introductory provi- sions, substituted ‘‘program established under para- graph (2)’’ for ‘‘programs established under paragraphs (2) and (3)’’ and inserted ‘‘farm viability and’’ after ‘‘emphasis on’’ and ‘‘, business planning and technical assistance, market assessment, transfer and succession planning, and crop insurance participation’’ after ‘‘benchmarking’’. Former par. (3) redesignated (2). Subsec. (a)(3)(D)(iii), (E). Pub. L. 115–334, § 11125(a)(5)(B), (C), added subpars. (D)(iii) and (E) and struck out former subpar. (E) which read as follows: ‘‘new or established farmers or ranchers that are con- verting production and marketing systems to pursue new markets.’’ Subsec. (a)(3)(F). Pub. L. 115–334, § 12306(b)(3)(A)–(C), added subpar. (F). Subsec. (a)(4). Pub. L. 115–334, § 11125(a)(6), substituted ‘‘transferred for the partnerships’’ for ‘‘transferred—’’, subpar. (A), and ‘‘(B) for the partnerships’’, substituted ‘‘paragraph (2), $10,000,000 for fiscal year 2019’’ for ‘‘paragraph (3), $5,000,000 for fiscal year 2001’’, and in- serted ‘‘, of which not less than $5,000,000 shall be used to carry out paragraph (3)(E)’’ before period at end. Prior to amendment, subpar. (A) read as follows: ‘‘for the education and information program established under paragraph (2), $5,000,000 for fiscal year 2001 and each subsequent fiscal year; and’’. 2014—Subsec. (a)(3)(A). Pub. L. 113–79, § 11027(c)(1), in- serted ‘‘farm financial benchmarking,’’ after ‘‘risk re- duction,’’. Subsec. (a)(4). Pub. L. 113–79, § 11027(c)(2), inserted ‘‘(including farm financial benchmarking)’’ after ‘‘man- agement strategies’’ in introductory provisions. Subsec. (b)(3). Pub. L. 113–79, § 1609(b)(1), amended lan- guage inserted by Pub. L. 110–246, § 1603(g)(3). See 2008 Amendment note below. 2011—Subsec. (b)(4)(B)(ii). Pub. L. 112–55 substituted ‘‘certain fiscal years’’ for ‘‘fiscal years 2008 through 2012’’ in heading and ‘‘2014’’ for ‘‘2012’’ in text. 2008—Subsec. (a)(1). Pub. L. 110–246, § 12026(1), sub- stituted ‘‘paragraph (5)’’ for ‘‘paragraph (4)’’ in intro- ductory provisions. Subsec. (a)(1)(B), (3)(A). Pub. L. 110–246, § 7511(c)(2), substituted ‘‘the National Institute of Food and Agri- culture’’ for ‘‘the Cooperative State Research, Edu- cation, and Extension Service’’. Subsec. (a)(4), (5). Pub. L. 110–246, § 12026(2), (3), added par. (4) and redesignated former par. (4) as (5). Subsec. (b)(1). Pub. L. 110–246, § 2801(a), inserted ‘‘Ha- waii,’’ after ‘‘Delaware,’’. Subsec. (b)(3). Pub. L. 110–246, § 1603(g)(3), as amended by Pub. L. 113–79, § 1609(b)(1), inserted ‘‘(before the amendment made by section 1603(a) of the Food, Con- servation, and Energy Act of 2008)’’ after ‘‘section 1308(5) of this title)’’. Subsec. (b)(4)(B)(i). Pub. L. 110–246, § 2801(b)(1), sub- stituted ‘‘Except as provided in clause (ii)’’ for ‘‘Except as provided in clauses (ii) and (iii)’’. Subsec. (b)(4)(B)(ii), (iii). Pub. L. 110–246, § 2801(b)(2), added cl. (ii) and struck out former cls. (ii) and (iii) which related to exception for fiscal years 2003 through 2007 and minimum amounts to carry out certain uses. Subsec. (b)(4)(C). Pub. L. 110–246, § 2801(c), added sub- par. (C). 2004—Subsec. (b)(4)(B)(i). Pub. L. 108–199, § 769(1), sub- stituted ‘‘clauses (ii) and (iii)’’ for ‘‘clause (ii)’’. Subsec. (b)(4)(B)(iii). Pub. L. 108–199, § 769(2), added cl. (iii). 2002—Subsec. (b). Pub. L. 107–171 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘(1) AUTHORITY.—The Secretary shall provide cost share assistance to producers, in a manner determined by the Secretary, in not less than 10, nor more than 15, States in which participation in the Federal crop insur- ance program is historically low, as determined by the Secretary. ‘‘(2) USES.—A producer may use cost share assistance provided under this subsection to— ‘‘(A) construct or improve— ‘‘(i) watershed management structures; or ‘‘(ii) irrigation structures; ‘‘(B) plant trees to form windbreaks or to improve water quality; ‘‘(C) mitigate financial risk through production di- versification or resource conservation practices, in- cluding— ‘‘(i) soil erosion control; ‘‘(ii) integrated pest management; or ‘‘(iii) transition to organic farming; ‘‘(D) enter into futures, hedging, or options con- tracts in a manner designed to help reduce produc- tion, price, or revenue risk; ‘‘(E) enter into agricultural trade options as a hedg- ing transaction to reduce production, price, or rev- enue risk; or ‘‘(F) conduct any other activity related to the ac- tivities described in subparagraphs (A) through (E), as determined by the Secretary. ‘‘(2) PAYMENT LIMITATION.—The total amount of pay- ments made to a person (as defined in section 1308(5) of this title) under this subsection for any year may not exceed $50,000. ‘‘(3) COMMODITY CREDIT CORPORATION.— ‘‘(A) IN GENERAL.—The Secretary shall carry out this subsection through the Commodity Credit Cor- poration. ‘‘(B) FUNDING.—The Commodity Credit Corporation shall make available to carry out this subsection $10,000,000 for fiscal year 2001 and each subsequent fis- cal year.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of this title. 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7511(c)(2) of Pub. L. 110–246 ef- fective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. EFFECTIVE DATE Section effective Oct. 1, 2000, see section 171(b)(1)(A) of Pub. L. 106–224, set out as an Effective Date of 2000 Amendment note under section 1501 of this title. Page 868 TITLE 7—AGRICULTURE § 1531 SUBCHAPTER II—SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE § 1531. Supplemental agricultural disaster assist- ance (a) Definitions In this section: (1) Actual production history yield The term ‘‘actual production history yield’’ means the weighted average of the actual pro- duction history for each insurable commodity or noninsurable commodity, as calculated under subchapter I or the noninsured crop dis- aster assistance program, respectively. (2) Actual production on the farm The term ‘‘actual production on the farm’’ means the sum of the value of all crops pro- duced on the farm, as determined under sub- section (b)(6)(B). (3) Adjusted actual production history yield The term ‘‘adjusted actual production his- tory yield’’ means— (A) in the case of an eligible producer on a farm that has at least 4 years of actual pro- duction history yields for an insurable com- modity that are established other than pur- suant to section 1508(g)(4)(B) of this title, the actual production history for the eligible producer without regard to any yields estab- lished under that section; (B) in the case of an eligible producer on a farm that has less than 4 years of actual pro- duction history yields for an insurable com- modity, of which 1 or more were established pursuant to section 1508(g)(4)(B) of this title, the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 1508(g)(4)(B) of this title; and (C) in all other cases, the actual produc- tion history of the eligible producer on a farm. (4) Adjusted noninsured crop disaster assist- ance program yield The term ‘‘adjusted noninsured crop disaster assistance program yield’’ means— (A) in the case of an eligible producer on a farm that has at least 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assist- ance program yield without regard to any replacement yields; (B) in the case of an eligible producer on a farm that has less than 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assist- ance program yield as calculated without in- cluding the lowest of the replacement yields; and (C) in all other cases, the production his- tory of the eligible producer on the farm under the noninsured crop disaster assist- ance program. (5) Counter-cyclical program payment yield The term ‘‘counter-cyclical program pay- ment yield’’ means the weighted average pay- ment yield established under— (A) section 7912 or 7952 of this title; (B) section 1102 or 1301(6) of the Food, Con- servation, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); or (C) a successor section. (6) Crop of economic significance The term ‘‘crop of economic significance’’ shall have the uniform meaning given the term by the Secretary for purposes of sub- sections (b)(1)(B) and (g)(6). (7) Disaster county (A) In general The term ‘‘disaster county’’ means a coun- ty included in the geographic area covered by a qualifying natural disaster declaration. (B) Inclusion The term ‘‘disaster county’’ includes— (i) a county contiguous to a county de- scribed in subparagraph (A); and (ii) any farm in which, during a calendar year the actual production on the farm is less than 50 percent of the normal produc- tion on the farm. (8) Eligible producer on a farm (A) In general The term ‘‘eligible producer on a farm’’ means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and mar- ket risks associated with the agricultural production of crops or livestock. (B) Description An individual or entity referred to in sub- paragraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) a partnership of citizens of the United States; or (iv) a corporation, limited liability cor- poration, or other farm organizational structure organized under State law. (9) Farm (A) In general The term ‘‘farm’’ means, in relation to an eligible producer on a farm, the sum of all crop acreage in all counties that is planted or intended to be planted for harvest for sale or on-farm livestock feeding (including na- tive grassland intended for haying) by the eligible producer. (B) Aquaculture In the case of aquaculture, the term ‘‘farm’’ means, in relation to an eligible pro- ducer on a farm, all fish being produced in all counties that are intended to be har- vested for sale by the eligible producer. (C) Honey In the case of honey, the term ‘‘farm’’ means, in relation to an eligible producer on a farm, all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer. (10) Farm-raised fish The term ‘‘farm-raised fish’’ means any aquatic species that is propagated and reared in a controlled environment.