§ 7333. Administration and operation of noninsured crop assistance program
(a)
Operation and administration of program
(1)
In general
In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverage equivalent to the catastrophic risk protection otherwise available under section
1508
(b) of this title. The Secretary shall carry out this section through the Consolidated Farm Service Agency (in this section referred to as the “Agency”).
(2)
Eligible crops
(A)
In general
In this section, the term “eligible crop” means each commercial crop or other agricultural commodity (except livestock)—
(3)
Cause of loss
To qualify for assistance under this section, the losses of the noninsured commodity shall be due to drought, flood, or other natural disaster, as determined by the Secretary.
(4)
Program ineligibility relating to crop production on native sod
(A)
Definition of native sod
In this paragraph, the term “native sod” means land—
(B)
Ineligibility for benefits
(b)
Application for noninsured crop disaster assistance
(1)
Timely application
To be eligible for assistance under this section, a producer shall submit an application for noninsured crop disaster assistance at a local office of the Department. The application shall be in such form, contain such information, and be submitted not later than 30 days before the beginning of the coverage period, as determined by the Secretary.
(c)
Loss requirements
(1)
Cause
To be eligible for assistance under this section, a producer of an eligible crop shall have suffered a loss of a noninsured commodity as the result of a cause described in subsection (a)(3) of this section.
(2)
Assistance
(3)
Prevented planting
Subject to paragraph (1), the Secretary shall make a prevented planting noninsured crop disaster assistance payment if the producer is prevented from planting more than 35 percent of the acreage intended for the eligible crop because of drought, flood, or other natural disaster, as determined by the Secretary.
(d)
Payment
The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment computed by multiplying—
(2)
(e)
Yield determinations
(1)
Establishment
The Secretary shall establish farm yields for purposes of providing noninsured crop disaster assistance under this section.
(2)
Actual production history
The Secretary shall determine yield coverage using the actual production history of the producer over a period of not less than the 4 previous consecutive crop years and not more than 10 consecutive crop years. Subject to paragraph (3), the yield for the year in which noninsured crop disaster assistance is sought shall be equal to the average of the actual production history of the producer during the period considered.
(3)
Assignment of yield
If a producer does not submit adequate documentation of production history to determine a crop yield under paragraph (2), the Secretary shall assign to the producer a yield equal to not less than 65 percent of the transitional yield of the producer (adjusted to reflect actual production reflected in the records acceptable to the Secretary for continuous years), as specified in regulations issued by the Secretary based on production history requirements.
(4)
Prohibition on assigned yields in certain counties
(A)
In general
(i)
Documentation
If sufficient data are available to demonstrate that the acreage of a crop in a county for the crop year has increased by more than 100 percent over any year in the preceding 7 crop years or, if data are not available, if the acreage of the crop in the county has increased significantly from the previous crop years, a producer must provide such detailed documentation of production costs, acres planted, and yield for the crop year for which benefits are being claimed as is required by the Secretary. If the Secretary determines that the documentation provided is not sufficient, the Secretary may require documenting proof that the crop, had the crop been harvested, could have been marketed at a reasonable price.
(5)
Limitation on receipt of subsequent assigned yield
A producer who receives an assigned yield for the current year of a natural disaster because required production records were not submitted to the local office of the Department shall not be eligible for an assigned yield for the year of the next natural disaster unless the required production records of the previous 1 or more years (as applicable) are provided to the local office.
(f)
Contract payments
A producer who has received a guaranteed payment for production, as opposed to delivery, of a crop pursuant to a contract shall have the production of the producer adjusted upward by the amount of the production equal to the amount of the contract payment received.
(g)
Use of Commodity Credit Corporation
The Secretary may use the funds of the Commodity Credit Corporation to carry out this section.
(h)
Exclusions
Noninsured crop disaster assistance under this section shall not cover losses due to—
(i)
Payment and income limitations
(2)
Payment limitation
The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) for any crop year may not exceed $100,000.
(3)
Limitation on multiple benefits for same loss
(A)
In general
Except as provided in subparagraph (B), if a producer who is eligible to receive benefits under this section is also eligible to receive assistance for the same loss under any other program administered by the Secretary, the producer shall be required to elect whether to receive benefits under this section or under the other program, but not both.
(5)
Regulations
The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary—
(A)
to ensure a fair and equitable application of section
1308 of this title, the general payment limitation regulations of the Secretary, and the limitations established under this subsection; and
(k)
Service fee
(1)
In general
To be eligible to receive assistance for an eligible crop for a crop year under this section, a producer shall pay to the Secretary (at the time at which the producer submits the application under subsection (b)(1) of this section) a service fee for the eligible crop in an amount that is equal to the lesser of—