Supplemental agricultural disaster assistance

7 U.S. Code § 1531. Supplemental agricultural disaster assistance

(a) DefinitionsIn this section:
(1) Actual production history yield
The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under subchapter I or the noninsured crop disaster 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 produced on the farm, as determined under subsection (b)(6)(B).
(3) Adjusted actual production history yieldThe term “adjusted actual production history yield” means—
(A)
in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 1508(g)(4)(B) of this title, the actual production history for the eligible producer without regard to any yields established under that section;
(B)
in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, 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 production history of the eligible producer on a farm.
(4) Adjusted noninsured crop disaster assistance program yieldThe 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 assistance 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 assistance program yield as calculated without including the lowest of the replacement yields; and
(C)
in all other cases, the production history of the eligible producer on the farm under the noninsured crop disaster assistance program.
(5) Counter-cyclical program payment yieldThe term “counter-cyclical program payment yield” means the weighted average payment yield established under—
(A)
section 7912 or 7952 of this title;
(B)
section 1102 or 1301(6) of the Food, Conservation, 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 subsections (b)(1)(B) and (g)(6).
(7) Disaster county
(A) In general
The term “disaster county” means a county included in the geographic area covered by a qualifying natural disaster declaration.
(B) InclusionThe term “disaster county” includes—
(i)
a county contiguous to a county described 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 production 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 market risks associated with the agricultural production of crops or livestock.
(B) DescriptionAn individual or entity referred to in subparagraph (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 corporation, 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 native grassland intended for haying) by the eligible producer.
(B) Aquaculture
In the case of aquaculture, the term “farm” means, in relation to an eligible producer on a farm, all fish being produced in all counties that are intended to be harvested 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.
(11) Insurable commodity
The term “insurable commodity” means an agricultural commodity (excluding livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance under subchapter I.
(12) LivestockThe term “livestock” includes—
(A)
cattle (including dairy cattle);
(B)
bison;
(C)
poultry;
(D)
sheep;
(E)
swine;
(F)
horses; and
(G)
other livestock, as determined by the Secretary.
(13) Noninsurable commodity
The term “noninsurable commodity” means a crop for which the eligible producers on a farm are eligible to obtain assistance under the noninsured crop assistance program.
(14) Noninsured crop assistance program
The term “noninsured crop assistance program” means the program carried out under section 7333 of this title.
(15) Normal production on the farm
The term “normal production on the farm” means the sum of the expected revenue for all crops on the farm, as determined under subsection (b)(6)(A).
(16) Qualifying natural disaster declaration
The term “qualifying natural disaster declaration” means a natural disaster declared by the Secretary for production losses under section 1961(a) of this title.
(17) Secretary
The term “Secretary” means the Secretary of Agriculture.
(18) Socially disadvantaged farmer or rancher
The term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e) [1] of this title.
(19) StateThe 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.
(20) Trust Fund
The term “Trust Fund” means the Agricultural Disaster Relief Trust Fund established under section 2497a of title 19.
(21) United States
The term “United States” when used in a geographical sense, means all of the States.
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