7 U.S.C. § 9011 — Definitions

Page 2258 TITLE 7—AGRICULTURE § 9011 ‘‘(i) Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa–7). ‘‘(ii) Section 1240L(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(f)). ‘‘(3) NUTRITION.—Subsection (a) does not apply with respect to the mandatory funding in section 203D(d)(5) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507(d)(5)). ‘‘(4) RURAL DEVELOPMENT.—Subsection (a) does not apply with respect to the mandatory funding in sec- tion 313B(e)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 940c–2(e)(2)). ‘‘(5) RESEARCH.—Subsection (a) does not apply with respect to mandatory funding under the following provisions of law: ‘‘(A) Section 1446(b)(1) of the National Agricul- tural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)(1)). ‘‘(B) Section 1672E(d)(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925g(d)(1)). ‘‘(C) Section 7601(g)(1)(A) of the Agricultural Act of 2014 (7 U.S.C. 5939(g)(1)(A)). ‘‘(6) ENERGY.—Subsection (a) does not apply with respect to mandatory funding under the following provisions of law: ‘‘(A) Section 9002(k)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(k)(1)). ‘‘(B) Section 9003(g)(1)(A) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(g)(1)(A)). ‘‘(C) Section 9005(g)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)(1)). ‘‘(7) HORTICULTURE.—Subsection (a) does not apply with respect to mandatory funding under the fol- lowing provisions of law: ‘‘(A) Section 7407(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)(1)). ‘‘(B) Section 2123(c)(4) of the Organic Foods Pro- duction Act of 1990 (7 U.S.C. 6522(c)(4)). ‘‘(C) Section 10606(d)(1)(C) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)(1)(C)). ‘‘(D) Section 10109(c)(1) of the Agriculture Im- provement Act of 2018 (Public Law 115–334) [132 Stat. 4907]. ‘‘(8) MISCELLANEOUS.—Subsection (a) does not apply with respect to mandatory funding under the fol- lowing provisions of law: ‘‘(A) Section 209(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627a(c)). ‘‘(B) Section 12605(d) of the Agriculture Improve- ment Act of 2018 [Pub. L. 115–334] (7 U.S.C. 7632 note). ‘‘(f) REPORTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), any re- quirement under a provision of law described in para- graph (1) of subsection (a) to submit a report on a re- curring basis, and the final report under which was required to be submitted during fiscal year 2024, shall continue, and the requirement shall be carried out, on the same recurring basis, until the later of the dates specified in paragraph (2) of that subsection. ‘‘(2) APPROPRIATIONS REQUIRED.—If discretionary appropriations (as defined in section 250(c) of the Bal- anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))) are required to carry out a re- porting requirement described in paragraph (1), the application of that paragraph to that reporting re- quirement shall be subject to the availability of ap- propriations. ‘‘(g) EFFECTIVE DATE.—This section and the amend- ments made by this section shall be applied and admin- istered as if this section and those amendments had been enacted on September 30, 2024.’’ Pub. L. 118–22, div. B, title I, § 102(a)–(c)(1), (d)(9), (e), (g), Nov. 17, 2023, 137 Stat. 114, 115, 119, provided that: ‘‘(a) EXTENSION.—Except as otherwise provided in this section [amending sections 940c–2, 1627a, 1736f–1, 3222a, 5925c, 5925g, 5939, 6522, 6523, 7507, 8102, 8105, 8110, 8772, 9016, 9055, and 9059 of this title and sections 3839bb–2 and 3839bb–5 of Title 16, Conservation, enacting this note and provisions set out as notes under sections 9057 and 9092 of this title, and amending provisions set out as notes under sections 2101, 7101, 7632, and 8351 of this title] and the amendments made by this section, not- withstanding any other provision of law, the authori- ties (including any limitations on the authorities) pro- vided by each provision of the Agriculture Improve- ment Act of 2018 (Public Law 115–334; 132 Stat. 4490) [see Tables for classification] and each provision of law amended by that Act (and for mandatory programs at such funding levels), as in effect on September 30, 2023, shall continue, and the authorities shall be carried out, until the later of— ‘‘(1) September 30, 2024; or ‘‘(2) the date specified in the provision of that Act or the provision of law amended by that Act. ‘‘(b) DISCRETIONARY PROGRAMS.—Programs carried out using the authorities described in subsection (a) that are funded by discretionary appropriations (as de- fined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))) shall be subject to the availability of appropriations. ‘‘(c) COMMODITY PROGRAMS.— ‘‘(1) IN GENERAL.—The provisions of law applicable to a covered commodity (as defined in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)), a loan commodity (as defined in section 1201 of that Act (7 U.S.C. 9031)), sugarcane, or sugar beets for the 2023 crop year pursuant to title I of that Act (7 U.S.C. 9011 et seq.) and each amendment made by subtitle C [§ 1301] of title I of the Agriculture Improvement Act of 2018 (Public Law 115–334; 132 Stat. 4511) [amending sections 1359bb, 1359ll, and 7272 of this title] shall be applicable to the 2024 crop year for that covered com- modity, loan commodity, sugarcane, or sugar beets. ‘‘(d) OTHER PROGRAMS.— ‘‘(9) EXCEPTIONS.—Subsection (a) shall not apply with respect to mandatory funding under the fol- lowing provisions of law: ‘‘(A) Section 1614(c)(4) of the Agricultural Act of 2014 (7 U.S.C. 9097(c)(4)). ‘‘(B) Subparagraphs (A) and (B) of section 1241(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(1)). ‘‘(e) REPORTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), any re- quirement under a provision of law described in sub- section (a) to submit a report on a recurring basis, and the final report under which was required to be submitted during fiscal year 2023, shall continue, and the requirement shall be carried out, on the same re- curring basis, until the later of the dates specified in paragraphs (1) and (2) of that subsection. ‘‘(2) APPROPRIATIONS REQUIRED.—If discretionary appropriations (as defined in section 250(c) of the Bal- anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))) are required to carry out a re- porting requirement described in paragraph (1), the application of that paragraph to that reporting re- quirement shall be subject to the availability of ap- propriations. ‘‘(g) EFFECTIVE DATE.—This section and the amend- ments made by this section (except subsection (f) [not classified to the Code] and the amendments made by subparagraphs (A) and (C) of subsection (d)(5) [amend- ing sections 3222a and 5939 of this title]) shall be applied and administered as if this section and those amend- ments had been enacted on September 30, 2023.’’ DEFINITION OF ‘‘SECRETARY’’ Pub. L. 115–334, § 2, Dec. 20, 2018, 132 Stat. 4500, pro- vided that: ‘‘In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of Agri- culture.’’ SUBCHAPTER I—COMMODITY POLICY § 9011. Definitions In this subchapter and subchapter II: Page 2259 TITLE 7—AGRICULTURE § 9011 (1) Actual crop revenue The term ‘‘actual crop revenue’’, with re- spect to a covered commodity for a crop year, means the amount determined by the Sec- retary under section 9017(b) of this title. (2) Agriculture risk coverage The term ‘‘agriculture risk coverage’’ means coverage provided under section 9017 of this title. (3) Agriculture risk coverage guarantee The term ‘‘agriculture risk coverage guar- antee’’, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 9017(c) of this title. (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. (B) Inclusion of generic base acres The term ‘‘base acres’’ includes any ge- neric base acres planted to a covered com- modity as determined in section 9014(b) of this title. (5) County coverage The term ‘‘county coverage’’ means agri- culture risk coverage selected under section 9015(b)(1) of this title to be obtained at the county level. (6) Covered commodity (A) In general The term ‘‘covered commodity’’ means wheat, oats, and barley (including wheat, oats, and barley used for haying and graz- ing), corn, grain sorghum, long grain rice, medium grain rice, pulse crops, soybeans, other oilseeds, and peanuts. (B) Inclusion Effective beginning with the 2018 crop year, the term ‘‘covered commodity’’ in- cludes seed cotton. (7) Effective price The term ‘‘effective price’’, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under sec- tion 9016(b) of this title to determine whether price loss coverage payments are required to be provided for that crop year. (8) Effective reference price The term ‘‘effective reference price’’, with respect to a covered commodity for a crop year, means the lesser of the following: (A) An amount equal to 115 percent of the reference price for such covered commodity. (B) An amount equal to the greater of— (i) the reference price for such covered commodity; or (ii) 85 percent of the average of the mar- keting year average price of the covered commodity for the most recent 5 crop years, excluding each of the crop years with the highest and lowest marketing year average price. (9) Extra long staple cotton The term ‘‘extra long staple cotton’’ means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Sec- retary, having characteristics needed for various end uses for which United States up- land cotton is not suitable and grown in irri- gated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suit- able for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if au- thorized by the Secretary, ginned on another type gin for experimental purposes. (10) Generic base acres The term ‘‘generic base acres’’ means the number of base acres for cotton in effect under section 8702 of this title, as adjusted pursuant to section 8711 of this title, as in effect on Sep- tember 30, 2013, subject to any adjustment or reduction under section 9012 of this title. (11) Individual coverage The term ‘‘individual coverage’’ means agri- culture risk coverage selected under section 9015(b)(2) of this title to be obtained at the farm level. (12) Medium grain rice The term ‘‘medium grain rice’’ includes short grain rice and temperate japonica rice. (13) Other oilseed The term ‘‘other oilseed’’ means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary. (14) Payment acres The term ‘‘payment acres’’, with respect to the provision of price loss coverage payments and agriculture risk coverage payments, means the number of acres determined for a farm under section 9014 of this title. (15) Payment yield The term ‘‘payment yield’’, for a farm for a covered commodity— (A) means the yield used to make pay- ments pursuant to section 8714 or 8754 of this title, as in effect on September 30, 2013; or (B) means the yield established under sec- tion 9013 of this title. (16) Price loss coverage The term ‘‘price loss coverage’’ means cov- erage provided under section 9016 of this title. (17) Producer (A) In general The term ‘‘producer’’ means an owner, op- erator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available Page 2260 TITLE 7—AGRICULTURE § 9011 for marketing from the farm, or would have shared had the crop been produced. (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the exist- ence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter. (18) Pulse crop The term ‘‘pulse crop’’ means dry peas, len- tils, small chickpeas, and large chickpeas. (19) Reference price The term ‘‘reference price’’, with respect to a covered commodity for a crop year, means the following: (A) For wheat, $5.50 per bushel. (B) For corn, $3.70 per bushel. (C) For grain sorghum, $3.95 per bushel. (D) For barley, $4.95 per bushel. (E) For oats, $2.40 per bushel. (F) For long grain rice, $14.00 per hundred- weight. (G) For medium grain rice, $14.00 per hun- dredweight. (H) For soybeans, $8.40 per bushel. (I) For other oilseeds, $20.15 per hundred- weight. (J) For peanuts, $535.00 per ton. (K) For dry peas, $11.00 per hundredweight. (L) For lentils, $19.97 per hundredweight. (M) For small chickpeas, $19.04 per hun- dredweight. (N) For large chickpeas, $21.54 per hun- dredweight. (O) For seed cotton, $0.367 per pound. (20) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (21) Seed cotton The term ‘‘seed cotton’’ means unginned up- land cotton that includes both lint and seed. (22) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (23) Temperate japonica rice The term ‘‘temperate japonica rice’’ means rice that is grown in high altitudes or tem- perate regions of high latitudes with cooler climate conditions, in the Western United States, as determined by the Secretary, for the purpose of— (A) the reallocation of base acres under section 9012 of this title; (B) the establishment of a reference price (as required under section 9016(g) of this title) and an effective price pursuant to sec- tion 9016 of this title; and (C) the determination of the actual crop revenue and agriculture risk coverage guar- antee pursuant to section 9017 of this title. (24) Transitional yield The term ‘‘transitional yield’’ has the mean- ing given the term in section 1502(b) of this title. (25) United States The term ‘‘United States’’, when used in a geographical sense, means all of the States. (26) United States Premium Factor The term ‘‘United States Premium Factor’’ means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 11⁄8-inch upland cot- ton and for Middling (M) 13⁄32-inch upland cot- ton exceeds the difference in the applicable premiums for comparable international quali- ties. (Pub. L. 113–79, title I, § 1111, Feb. 7, 2014, 128 Stat. 659; Pub. L. 115–123, div. F, § 60101(a)(1)–(3), Feb. 9, 2018, 132 Stat. 308; Pub. L. 115–334, title I, § 1101, Dec. 20, 2018, 132 Stat. 4500.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle A (§§ 1101–1109) of title I of Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 658, which is classified principally to this subchapter. For com- plete classification of subtitle A to the Code, see Ta- bles. This chapter, referred to in par. (17)(B)(ii), 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—Par. (6). Pub. L. 115–123, § 60101(a)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Pars. (8) to (18). Pub. L. 115–334, § 1101, added par. (8) and redesignated former pars. (8) to (17) as (9) to (18), respectively. Former par. (18) redesignated (19). Par. (18)(O). Pub. L. 115–123, § 60101(a)(2), added sub- par. (O). Par. (19). Pub. L. 115–334, § 1101(1), redesignated par. (18) as (19). Former par. (19) redesignated (20). Pars. (20) to (25). Pub. L. 115–334, § 1101(1), redesig- nated pars. (19) to (24) as (20) to (25), respectively. Former par. (25) redesignated (26). Pub. L. 115–123, § 60101(a)(3), added par. (20) and redes- ignated former pars. (20) to (24) as (21) to (25), respec- tively. Par. (26). Pub. L. 115–334, § 1101(1), redesignated par. (25) as (26). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–123, div. F, § 60101(a)(13), Feb. 9, 2018, 132 Stat. 311, provided that: ‘‘Except as provided in para- graph (10) [amending section 1508b of this title], the amendments made by this subsection [amending this section and sections 1508b, 9013 to 9016, and 9032 of this title] shall apply beginning with the 2018 crop year.’’ ADMINISTRATION Pub. L. 115–123, div. F, § 60101(a)(12), Feb. 9, 2018, 132 Stat. 311, provided that: ‘‘The Secretary of Agriculture shall carry out the amendments made by this sub- section [amending this section and sections 1508b, 9013 to 9016, and 9032 of this title] in accordance with sec- tion 1601 of the Agricultural Act of 2014 (7 U.S.C. 9091).’’ Page 2261 TITLE 7—AGRICULTURE § 9012 POPCORN ACREAGE Pub. L. 108–7, div. A, title VII, § 767, Feb. 20, 2003, 117 Stat. 48, as amended by Pub. L. 113–79, title I, § 1609(c), Feb. 7, 2014, 128 Stat. 709, provided that: ‘‘Notwith- standing any other provision of law, for purposes of ad- ministering subtitle A of title I of the Agricultural Act of 2014 [7 U.S.C. 9011 et seq.], acreage planted to, or pre- vented from being planted to, popcorn shall be consid- ered as acreage planted to, or prevented from being planted to, corn: Provided, That if a farm program pay- ment yield for corn is otherwise established for a farm under such subtitle, the same yield shall be used for the acreage on the farm planted to, or prevented from being planted to, popcorn: Provided further, That with respect to all other farms, the farm program payment yield for such popcorn acreage shall be established by the Secretary on a fair and equitable basis to reflect the farm program payment yields for corn on similar farms in the area.’’ § 9012. Base acres (a) Retention or 1-time reallocation of base acres (1) Election required (A) Notice of election opportunity As soon as practicable after February 7, 2014, the Secretary shall provide notice to the owners of a farm regarding their oppor- tunity to make an election, in the manner provided in this subsection— (i) to retain base acres, including any ge- neric base acres, as provided in paragraph (2); or (ii) in lieu of retaining base acres, to re- allocate base acres, other than any generic base acres, as provided in paragraph (3). (B) Content of notice The notice under subparagraph (A) shall include the following: (i) Information that the opportunity of an owner to make the election is being provided only once. (ii) Information regarding the manner in which the owner must make the election and the manner of notifying the Secretary of the election. (iii) Information regarding the deadline before which the owner must notify the Secretary of the election to be in effect be- ginning with the 2014 crop year. (C) Effect of failure to make election If the owner of a farm fails to make the election under this subsection, or fails to timely notify the Secretary of the election as required by subparagraph (B)(iii), the owner shall be deemed to have elected to re- tain base acres, including generic base acres, as provided in paragraph (2). (2) Retention of base acres (A) Election to retain For the purpose of applying this sub- chapter to a covered commodity, the Sec- retary shall give an owner of a farm an op- portunity to elect to retain all of the base acres for each covered commodity on the farm. (B) Treatment of generic base acres Generic base acres are automatically re- tained. (3) Reallocation of base acres (A) Election to reallocate For the purpose of applying this sub- chapter to covered commodities, the Sec- retary shall give an owner of a farm an op- portunity to elect to reallocate all of the base acres for covered commodities on the farm, as in effect on September 30, 2013, among those covered commodities planted on the farm at any time during the 2009 through 2012 crop years. (B) Reallocation formula The reallocation of base acres among cov- ered commodities on a farm shall be in pro- portion to the ratio of— (i) the 4-year average of— (I) the acreage planted on the farm to each covered commodity for harvest, grazing, haying, silage, or other similar purposes for the 2009 through 2012 crop years; and (II) any acreage on the farm that the producers were prevented from planting during the 2009 through 2012 crop years to that covered commodity because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Sec- retary; to (ii) the 4-year average of— (I) the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage, or other similar purposes for such crop years; and (II) any acreage on the farm that the producers were prevented from planting during such crop years to covered com- modities because of drought, flood, or other natural disaster, or other condi- tion beyond the control of the producers, as determined by the Secretary. (C) Treatment of generic base acres Generic base acres are retained and may not be reallocated under this paragraph. (D) Inclusion of all 4 years in average For the purpose of determining a 4-year acreage average under subparagraph (B) for a farm, the Secretary shall not exclude any crop year in which a covered commodity was not planted. (E) Treatment of multiple planting or pre- vented planting For the purpose of determining under sub- paragraph (B) the acreage on a farm that producers planted or were prevented from planting during the 2009 through 2012 crop years to covered commodities, if the acreage that was planted or prevented from being planted was devoted to another covered com- modity in the same crop year (other than a covered commodity produced under an es- tablished practice of double cropping), the owner may elect the commodity to be used for that crop year in determining the 4-year average, but may not include both the ini- tial commodity and the subsequent com- modity.