The Federal Crop Insurance Act, referred to in subsec. (a)(1)(C)(i), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables.

The date of enactment of this paragraph, referred to in subsec. (a)(4)(A)(ii), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

The Consolidated Farm and Rural Development Act, referred to in subsec. (i)(3)(B), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307. Subtitle C of the Act is classified generally to subchapter III (§ 1961 et seq.) of chapter 50 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of this title and Tables.

Section 1308–3a of this title, referred to in subsec. (i)(4), was amended by Pub. L. 113–79, title I, § 1605(a)–(e), Feb. 7, 2014, 128 Stat. 707, 708, and, as so amended, provisions which formerly appeared in subsec. (b)(1)(A) of section 1308–3a were struck out. See subsec. (b)(1) of section 1308–3a of this title.

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 L. 110–234 were repealed by section 4(a) of Pub.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.

Section is comprised of section 196 of Pub. L. 104–127. Subsec. (j) of section 196 of Pub. L. 104–127 repealed section 1519 of this title.

2018—Subsec. (a)(1)(C), (D). Pub. L. 115–334, § 1601(1)(A), added subpars. (C) and (D).

Subsec. (a)(2)(A). Pub. L. 115–334, § 1601(1)(B), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “In this section, the term ‘eligible crop’ means each commercial crop or other agricultural commodity (except livestock)—

“(i) for which catastrophic risk protection under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is not available;

“(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and

“(iii) that is produced for food or fiber.”

Subsec. (a)(4)(B)(i). Pub. L. 115–334, § 1601(1)(C)(i), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an annual crop after February 7, 2014, shall be subject to a reduction in benefits under this section as described in this subparagraph.”

Subsec. (a)(4)(B)(iii)(I). Pub. L. 115–334, § 1601(1)(C)(ii), substituted “county expected yield” for “transitional yield of the producer”.

Subsec. (b)(1). Pub. L. 115–334, § 1601(2)(A), substituted “by an appropriate deadline” for “not later than 30 days”.

Subsec. (b)(4). Pub. L. 115–334, § 1601(2)(B), added par. (4).

Subsec. (d)(1). Pub. L. 115–334, § 1601(3)(B), added par. (1). Former par. (1) redesignated (2).

Subsec. (d)(2). Pub. L. 115–334, § 1601(3)(A), (C), redesignated par. (1) as (2) and substituted “approved yield for the crop, as determined by the Secretary” for “established yield for the crop”. Former par. (2) redesignated (3).

Subsec. (d)(3), (4). Pub. L. 115–334, § 1601(3)(A), redesignated pars. (2) and (3) as (3) and (4), respectively.

Subsec. (e)(1). Pub. L. 115–334, § 1601(4)(A), substituted “approved yields” for “farm yields”.

Subsec. (e)(2). Pub. L. 115–334, § 1601(4)(B), designated first and second sentences as subpars. (A) and (B), respectively, and inserted headings, substituted “an approved yield” for “yield coverage” in subpar. (A), and inserted “approved” before “yield” in subpar. (B).

Subsec. (e)(3). Pub. L. 115–334, § 1601(4)(C), substituted “county expected yield” for “transitional yield of the producer”.

Subsec. (i)(2). Pub. L. 115–334, § 1601(5), substituted “exceed—” and subpars. (A) and (B) for “exceed $125,000”.

Subsec. (k)(1)(A). Pub. L. 115–334, § 1601(6)(A), substituted “$325” for “$250”.

Subsec. (k)(1)(B). Pub. L. 115–334, § 1601(6)(B), substituted “$825” for “$750” and “$1,950” for “$1,875”.

Subsec. (k)(2). Pub. L. 115–334, § 12306(f)(1), inserted “, or a veteran farmer or rancher (as defined in section 2279(a) of this title)” before period at end.

Subsec. (l)(1). Pub. L. 115–334, § 1601(7)(A), added subpar. (A), redesignated former subpars. (A) to (C) as (B) to (D), respectively, and, in subpar. (C), inserted “, contract price, or other premium price (such as a local, organic, or direct market price, as elected by the producer)” after “market price”.

Subsec. (l)(2)(B)(i)(VI). Pub. L. 115–334, § 1601(7)(B), added subcl. (VI).

Subsec. (l)(3). Pub. L. 115–334, § 12306(f)(2), inserted “veteran,” after “beginning,” in heading and “and veteran farmers or ranchers (as defined in section 2279(a) of this title)” after “as determined by the Secretary,” in text.

Pub. L. 115–334, § 1601(7)(C), (D), redesignated par. (4) as (3) and struck out former par. (3) which related to additional assistance for certain 2012 annual fruit crop losses.

Subsec. (l)(4). Pub. L. 115–334, § 1601(7)(D), redesignated par. (4) as (3).

Subsec. (l)(5). Pub. L. 115–334, § 1601(7)(C), struck out par. (5). Text read as follows: “Except as provided in paragraph (3)(A), additional coverage under this subsection shall be available for each of the 2015 through 2018 crop years.”

2014—Subsec. (a)(1). Pub. L. 113–79, § 12305(a)(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “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’).”

Subsec. (a)(2)(A)(ii), (iii). Pub. L. 113–79, § 12305(a)(1)(B)(i), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (a)(2)(B). Pub. L. 113–79, § 12305(a)(1)(B)(ii), substituted “sweet sorghum, biomass sorghum, and industrial crops (including those grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products)” for “and industrial crops”.

Subsec. (a)(4). Pub. L. 113–79, § 11014(b)(1), substituted “reduction in benefits” for “ineligibility” in heading.

Subsec. (a)(4)(A)(ii). Pub. L. 113–79, § 11014(b)(2), inserted “ ,or the producer cannot substantiate that the ground has ever been tilled,” after “never been tilled”.

Subsec. (a)(4)(B). Pub. L. 113–79, § 11014(b)(3)(A), substituted “Reduction in” for “Ineligibility for” in heading.

Subsec. (a)(4)(B)(i). Pub. L. 113–79, § 11014(b)(3)(B), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “Subject to clause (ii) and subparagraph (C), native sod acreage that has been tilled for the production of an annual crop after the date of enactment of this paragraph shall be ineligible during the first 5 crop years of planting, as determined by the Secretary, for benefits under—

“(I) this section; and

“(II) the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).”

Subsec. (a)(4)(B)(iii). Pub. L. 113–79, § 11014(b)(3)(C), added cl. (iii).

Subsec. (a)(4)(C). Pub. L. 113–79, § 11014(b)(4), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: “Subparagraph (B) may apply to native sod acreage in the Prairie Pothole National Priority Area at the election of the Governor of the respective State.”

Subsec. (i)(2). Pub. L. 113–79, § 12305(a)(2), substituted “$125,000” for “$100,000”.

Subsec. (k)(2). Pub. L. 113–79, § 12305(a)(3), substituted “limited resource, beginning, or socially disadvantaged farmer” for “limited resource farmer”.

Subsec. (l). Pub. L. 113–79, § 12305(a)(4), added subsec. (l).

2008—Subsec. (a)(2)(B). Pub. L. 110–246, § 12025(b), inserted “camelina,” after “sea oats,”.

Subsec. (a)(4). Pub. L. 110–246, § 12020(b), added par. (4).

Subsec. (c)(2). Pub. L. 110–246, § 12027, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (i)(1), (2). Pub. L. 110–246, § 1603(f)(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which defined “person” and “qualifying gross revenues” and provided that the total amount of payments that a person would be entitled to receive annually could not exceed $100,000.

Subsec. (i)(4). Pub. L. 110–246, § 1603(f)(1)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “A person who has qualifying gross revenues in excess of the amount specified in section 2266(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) (as in effect on November 28, 1990) during the taxable year (as determined by the Secretary) shall not be eligible to receive any noninsured assistance payment under this section.”

Subsec. (i)(5). Pub. L. 110–246, § 1603(f)(1)(C), designated part of existing provisions as subpar. (A) and added subpar. (B).

Subsec. (k)(1). Pub. L. 110–246, § 12028, in subpar. (A) substituted “$250” for “$100” and in subpar. (B) substituted “$750” for “$300” and “$1,875” for “$900”.

2002—Subsec. (a)(2)(B). Pub. L. 107–171 inserted “sea grass and sea oats,” after “fish),”.

2000—Subsec. (a)(2)(C). Pub. L. 106–224, § 109(a), added subpar. (C).

Subsec. (b)(1). Pub. L. 106–224, § 109(b), substituted “not later than 30 days before the beginning of the coverage period, as determined by the Secretary” for “at such time as the Secretary may require” in second sentence.

Subsec. (b)(2). Pub. L. 106–224, § 109(c)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “A producer shall provide records, as required by the Secretary, of crop acreage, acreage yields, and production.”

Subsec. (b)(3). Pub. L. 106–224, § 109(c)(2), inserted “annual” after “shall provide”.

Subsec. (c). Pub. L. 106–224, § 109(d), added subsec. (c) and struck out heading and text of former subsec. (c), which authorized noninsured crop disaster assistance if average yield fell below 65 percent of expected yield, if producer was prevented from planting more than 35 percent of intended acreage, or if total quantity of harvest was less than 50 percent of expected yield.

Subsec. (k). Pub. L. 106–224, § 109(e), added subsec. (k).

1998–Subsec. (i)(3). Pub. L. 105–277 designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), if a producer” for “If a producer”, and added subpar. (B).

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.

Amendment by Pub. L. 106–224 applicable beginning with the 2001 crop of an agricultural commodity, see section 171(b)(2)(G) of Pub. L. 106–224, set out as a note under section 1501 of this title.

For losses under section 1501 of Public Law 113–79 [enacting section 9081 of this title] for the 2014 fiscal year and each fiscal year thereafter as not considered same loss for purposes of subsec. (i)(3) of this section, see section 733 of Pub. L. 113–235, set out as a note under section 1508 of this title.

Pub. L. 110–234, title I, § 1603(f)(2), May 22, 2008, 122 Stat. 1011, and Pub. L. 110–246, § 4(a), title I, § 1603(f)(2), June 18, 2008, 122 Stat. 1664, 1739, provided that: “Section 196(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(i)), as in effect on September 30, 2007, shall apply with respect to the 2007 and 2008 crops of any eligible crop.”

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Section as in effect on day before June 20, 2000, to continue to apply with respect to 1999 crop year, and to apply with respect to 2000 crop year, to extent application of an amendment by Pub. L. 106–224 is delayed under section 171(b) or by terms of the amendment, see section 173 of Pub. L. 106–224, set out as a note under section 1501 of this title.