Makes livestock indemnity payments (at 65% of an animal's market value) through FY2013 to eligible producers on farms that have incurred excess livestock death losses due to: (1) attacks by animals reintroduced into the wild by the federal government or protected by federal law, including wolves; or (2) adverse weather, including hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold.
Establishes a livestock forage disaster program to provide one source for livestock forage disaster assistance for weather-related forage losses by combining: (1) the livestock forage assistance functions of the non insured crop disaster assistance program and the emergency assistance for livestock, honey bees, and farm-raised fish program; and (2) the livestock forage disaster program.
Provides assistance through FY2013 for forage losses: (1) due to drought on land that is native or improved pasture land with permanent vegetative cover or is planted to a crop planted specifically for the purpose of providing grazing for covered livestock; (2) on federally-managed rangeland due to a fire; and (3) due to weather-related conditions other than drought or fire on land that is native or improved pasture land with permanent vegetative cover, or is planted to a crop planted specifically for the purpose of providing grazing for covered livestock.
Provides funds through FY2013 for: (1) emergency assistance to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires; and (2) assistance to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, and to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster (requires tree mortality to exceed 15%).
Amends the Federal Agriculture Improvement and Reform Act of 1996 to provide coverages based on individual yields (other than for value-loss crops) under the non insured crop disaster assistance program equivalent to: (1) catastrophic risk protection, or (2) specified additional coverage.
Makes additional program coverage available at 50% to 65% of established yield and 100% of average market price. Reduces the premium for additional coverage by 50% for limited resource, beginning, and socially disadvantaged farmers.
Makes assistance available as soon as practicable to producers with 2012 losses of certain fruit crops in counties declared a disaster due to freeze or frost.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1454 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1454
To make supplemental agricultural disaster assistance available for
fiscal years 2012 and 2013, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2013
Mr. Cleaver (for himself and Mr. Graves of Missouri) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To make supplemental agricultural disaster assistance available for
fiscal years 2012 and 2013, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAMS.
(a) Definitions.--In this section:
(1) 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) Description.--An 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.
(2) Farm.--
(A) In general.--The term ``farm'' means, in
relation to an eligible producer on a farm, the total
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.
(3) Farm-raised fish.--The term ``farm-raised fish'' means
any aquatic species that is propagated and reared in a
controlled environment.
(4) Livestock.--The 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.
(b) Livestock Indemnity Payments.--
(1) Payments.--For each of fiscal years 2012 and 2013, the
Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to make livestock indemnity
payments to eligible producers on farms that have incurred
livestock death losses in excess of the normal mortality, as
determined by the Secretary, due to--
(A) attacks by animals reintroduced into the wild
by the Federal Government or protected by Federal law,
including wolves; or
(B) adverse weather, as determined by the
Secretary, during the calendar year, including losses
due to hurricanes, floods, blizzards, disease,
wildfires, extreme heat, and extreme cold.
(2) Payment rates.--Indemnity payments to an eligible
producer on a farm under paragraph (1) shall be made at a rate
of 65 percent of the market value of the applicable livestock
on the day before the date of death of the livestock, as
determined by the Secretary.
(3) Special rule for payments made due to disease.--The
Secretary shall ensure that payments made to an eligible
producer under paragraph (1) are not made for the same
livestock losses for which compensation is provided pursuant to
section 10407(d) of the Animal Health Protection Act (7 U.S.C.
8306(d)).
(c) Livestock Forage Disaster Program.--
(1) Establishment.--There is established a livestock forage
disaster program to provide 1 source for livestock forage
disaster assistance for weather-related forage losses, as
determined by the Secretary, by combining--
(A) the livestock forage assistance functions of--
(i) the noninsured crop disaster assistance
program established by section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333); and
(ii) the emergency assistance for
livestock, honey bees, and farm-raised fish
program under section 531(e) of the Federal
Crop Insurance Act (7 U.S.C. 1531(e)) (as in
existence on the day before the date of
enactment of this Act); and
(B) the livestock forage disaster program under
section 531(d) of the Federal Crop Insurance Act (7
U.S.C. 1531(d)) (as in existence on the day before the
date of enactment of this Act).
(2) Definitions.--In this subsection:
(A) Covered livestock.--
(i) In general.--Except as provided in
clause (ii), the term ``covered livestock''
means livestock of an eligible livestock
producer that, during the 60 days prior to the
beginning date of an eligible forage loss, as
determined by the Secretary, the eligible
livestock producer--
(I) owned;
(II) leased;
(III) purchased;
(IV) entered into a contract to
purchase;
(V) was a contract grower; or
(VI) sold or otherwise disposed of
due to an eligible forage loss during--
(aa) the current production
year; or
(bb) subject to paragraph
(4)(B)(ii), 1 or both of the 2
production years immediately
preceding the current
production year.
(ii) Exclusion.--The term ``covered
livestock'' does not include livestock that
were or would have been in a feedlot, on the
beginning date of the eligible forage loss, as
a part of the normal business operation of the
eligible livestock producer, as determined by
the Secretary.
(B) Drought monitor.--The term ``drought monitor''
means a system for classifying drought severity
according to a range of abnormally dry to exceptional
drought, as defined by the Secretary.
(C) Eligible forage loss.--The term ``eligible
forage loss'' means 1 or more forage losses that occur
due to weather-related conditions, including drought,
flood, blizzard, hail, excessive moisture, hurricane,
and fire, occurring during the normal grazing period,
as determined by the Secretary, if the forage--
(i) is grown on land that is native or
improved pastureland with permanent vegetative
cover; or
(ii) is a crop planted specifically for the
purpose of providing grazing for covered
livestock of an eligible livestock producer.
(D) Eligible livestock producer.--
(i) In general.--The term ``eligible
livestock producer'' means an eligible producer
on a farm that--
(I) is an owner, cash or share
lessee, or contract grower of covered
livestock that provides the pastureland
or grazing land, including cash-leased
pastureland or grazing land, for the
covered livestock;
(II) provides the pastureland or
grazing land for covered livestock,
including cash-leased pastureland or
grazing land that is physically located
in a county affected by an eligible
forage loss;
(III) certifies the eligible forage
loss; and
(IV) meets all other eligibility
requirements established under this
subsection.
(ii) Exclusion.--The term ``eligible
livestock producer'' does not include an owner,
cash or share lessee, or contract grower of
livestock that rents or leases pastureland or
grazing land owned by another person on a rate-
of-gain basis.
(E) Normal carrying capacity.--The term ``normal
carrying capacity'', with respect to each type of
grazing land or pastureland in a county, means the
normal carrying capacity, as determined under paragraph
(4)(D)(i), that would be expected from the grazing land
or pastureland for livestock during the normal grazing
period, in the absence of an eligible forage loss that
diminishes the production of the grazing land or
pastureland.
(F) Normal grazing period.--The term ``normal
grazing period'', with respect to a county, means the
normal grazing period during the calendar year for the
county, as determined under paragraph (4)(D)(i).
(3) Program.--For each of fiscal years 2012 and 2013, the
Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide compensation under
paragraphs (4) through (6), as determined by the Secretary for
eligible forage losses affecting covered livestock of eligible
livestock producers.
(4) Assistance for eligible forage losses due to drought
conditions.--
(A) Eligible forage losses.--
(i) In general.--An eligible livestock
producer of covered livestock may receive
assistance under this paragraph for eligible
forage losses that occur due to drought on land
that--
(I) is native or improved
pastureland with permanent vegetative
cover; or
(II) is planted to a crop planted
specifically for the purpose of
providing grazing for covered
livestock.
(ii) Exclusions.--An eligible livestock
producer may not receive assistance under this
paragraph for eligible forage losses that occur
on land used for haying or grazing under the
conservation reserve program established under
subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.), unless the land is
grassland eligible for the grassland reserve
program established under subchapter D of
chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et
seq.).
(B) Monthly payment rate.--
(i) In general.--Except as provided in
clause (ii), the payment rate for assistance
for 1 month under this paragraph shall, in the
case of drought, be equal to 60 percent of the
lesser of--
(I) the monthly feed cost for all
covered livestock owned or leased by
the eligible livestock producer, as
determined under subparagraph (C); or
(II) the monthly feed cost
calculated by using the normal carrying
capacity of the eligible grazing land
of the eligible livestock producer.
(ii) Partial compensation.--In the case of
an eligible livestock producer that sold or
otherwise disposed of covered livestock due to
drought conditions in 1 or both of the 2
production years immediately preceding the
current production year, as determined by the
Secretary, the payment rate shall be 80 percent
of the payment rate otherwise calculated in
accordance with clause (i).
(C) Monthly feed cost.--
(i) In general.--The monthly feed cost
shall equal the product obtained by
multiplying--
(I) 30 days;
(II) a payment quantity that is
equal to the feed grain equivalent, as
determined under clause (ii); and
(III) a payment rate that is equal
to the corn price per pound, as
determined under clause (iii).
(ii) Feed grain equivalent.--For purposes
of clause (i)(II), the feed grain equivalent
shall equal--
(I) in the case of an adult beef
cow, 15.7 pounds of corn per day; or
(II) in the case of any other type
of weight of livestock, an amount
determined by the Secretary that
represents the average number of pounds
of corn per day necessary to feed the
livestock.
(iii) Corn price per pound.--For purposes
of clause (i)(III), the corn price per pound
shall equal the quotient obtained by dividing--
(I) the higher of--
(aa) the national average
corn price per bushel for the
12-month period immediately
preceding March 1 of the year
for which the disaster
assistance is calculated; or
(bb) the national average
corn price per bushel for the
24-month period immediately
preceding that March 1; by
(II) 56.
(D) Normal grazing period and drought monitor
intensity.--
(i) FSA county committee determinations.--
(I) In general.--The Secretary
shall determine the normal carrying
capacity and normal grazing period for
each type of grazing land or
pastureland in the county served by the
applicable Farm Service Agency
committee.
(II) Changes.--No change to the
normal carrying capacity or normal
grazing period established for a county
under subclause (I) shall be made
unless the change is requested by the
appropriate State and county Farm
Service Agency committees.
(ii) Drought intensity.--
(I) D2.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by
the U.S. Drought Monitor as having a D2
(severe drought) intensity in any area
of the county for at least 8
consecutive weeks during the normal
grazing period for the county, as
determined by the Secretary, shall be
eligible to receive assistance under
this paragraph in an amount equal to 1
monthly payment using the monthly
payment rate determined under
subparagraph (B).
(II) D3.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by
the U.S. Drought Monitor as having at
least a D3 (extreme drought) intensity
in any area of the county at any time
during the normal grazing period for
the county, as determined by the
Secretary, shall be eligible to receive
assistance under this paragraph--
(aa) in an amount equal to
3 monthly payments using the
monthly payment rate determined
under subparagraph (B);
(bb) if the county is rated
as having a D3 (extreme
drought) intensity in any area
of the county for at least 4
weeks during the normal grazing
period for the county, or is
rated as having a D4
(exceptional drought) intensity
in any area of the county at
any time during the normal
grazing period, in an amount
equal to 4 monthly payments
using the monthly payment rate
determined under subparagraph
(B); or
(cc) if the county is rated
as having a D4 (exceptional
drought) intensity in any area
of the county for at least 4
weeks during the normal grazing
period, in an amount equal to 5
monthly payments using the
monthly rate determined under
subparagraph (B).
(iii) Annual payment based on drought
conditions determined by means other than the
u.s. drought monitor.--
(I) In general.--An eligible
livestock producer that owns grazing
land or pastureland that is physically
located in a county that has
experienced on average, over the
preceding calendar year, precipitation
levels that are 50 percent or more
below normal levels, according to
sufficient documentation as determined
by the Secretary, may be eligible,
subject to a determination by the
Secretary, to receive assistance under
this paragraph in an amount equal to
not more than 1 monthly payment using
the monthly payment rate under
subparagraph (B).
(II) No duplicate payment.--A
producer may not receive a payment
under both clause (ii) and this clause.
(5) Assistance for losses due to fire on public managed
land.--
(A) In general.--An eligible livestock producer may
receive assistance under this paragraph only if--
(i) the eligible forage losses occur on
rangeland that is managed by a Federal agency;
and
(ii) the eligible livestock producer is
prohibited by the Federal agency from grazing
the normal permitted livestock on the managed
rangeland due to a fire.
(B) Payment rate.--The payment rate for assistance
under this paragraph shall be equal to 50 percent of
the monthly feed cost for the total number of livestock
covered by the Federal lease of the eligible livestock
producer, as determined under paragraph (4)(C).
(C) Payment duration.--
(i) In general.--Subject to clause (ii), an
eligible livestock producer shall be eligible
to receive assistance under this paragraph for
the period--
(I) beginning on the date on which
the Federal agency excludes the
eligible livestock producer from using
the managed rangeland for grazing; and
(II) ending on the last day of the
Federal lease of the eligible livestock
producer.
(ii) Limitation.--An eligible livestock
producer may only receive assistance under this
paragraph for losses that occur on not more
than 180 days per year.
(6) Assistance for eligible forage losses due to other than
drought or fire.--
(A) Eligible forage losses.--
(i) In general.--Subject to subparagraph
(B), an eligible livestock producer of covered
livestock may receive assistance under this
paragraph for eligible forage losses that occur
due to weather-related conditions other than
drought or fire on land that--
(I) is native or improved
pastureland with permanent vegetative
cover; or
(II) is planted to a crop planted
specifically for the purpose of
providing grazing for covered
livestock.
(ii) Exclusions.--An eligible livestock
producer may not receive assistance under this
paragraph for eligible forage losses that occur
on land used for haying or grazing under the
conservation reserve program established under
subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.), unless the land is
grassland eligible for the grassland reserve
program established under subchapter D of
chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et
seq.).
(B) Payments for eligible forage losses.--
(i) In general.--The Secretary shall
provide assistance under this paragraph to an
eligible livestock producer for eligible forage
losses that occur due to weather-related
conditions other than--
(I) drought under paragraph (4);
and
(II) fire on public managed land
under paragraph (5).
(ii) Terms and conditions.--The Secretary
shall establish terms and conditions for
assistance under this paragraph that are
consistent with the terms and conditions for
assistance under this subsection.
(7) No duplicative payments.--An eligible livestock
producer may elect to receive assistance for eligible forage
losses under either paragraph (4), (5), or (6), if applicable,
but may not receive assistance under more than 1 of those
paragraphs for the same loss, as determined by the Secretary.
(8) Determinations by secretary.--A determination made by
the Secretary under this subsection shall be final and
conclusive.
(d) Emergency Assistance for Livestock, Honey Bees, and Farm-Raised
Fish.--
(1) In general.--For each of fiscal years 2012 and 2013,
the Secretary shall use not more than $5,000,000 of the funds
of the Commodity Credit Corporation to provide emergency relief
to eligible producers of livestock, honey bees, and farm-raised
fish to aid in the reduction of losses due to disease, adverse
weather, or other conditions, such as blizzards and wildfires,
as determined by the Secretary, that are not covered under
subsection (b) or (c).
(2) Use of funds.--Funds made available under this
subsection shall be used to reduce losses caused by feed or
water shortages, disease, or other factors as determined by the
Secretary.
(3) Availability of funds.--Any funds made available under
this subsection shall remain available until expended.
(e) Tree Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible orchardist.--The term ``eligible
orchardist'' means a person that produces annual crops
from trees for commercial purposes.
(B) Natural disaster.--The term ``natural
disaster'' means plant disease, insect infestation,
drought, fire, freeze, flood, earthquake, lightning, or
other occurrence, as determined by the Secretary.
(C) Nursery tree grower.--The term ``nursery tree
grower'' means a person who produces nursery,
ornamental, fruit, nut, or Christmas trees for
commercial sale, as determined by the Secretary.
(D) Tree.--The term ``tree'' includes a tree, bush,
and vine.
(2) Eligibility.--
(A) Loss.--Subject to subparagraph (B), for each of
fiscal years 2012 and 2013, the Secretary shall use
such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance--
(i) under paragraph (3) to eligible
orchardists and nursery tree growers that
planted trees for commercial purposes but lost
the trees as a result of a natural disaster, as
determined by the Secretary; and
(ii) under paragraph (3)(B) to eligible
orchardists and nursery tree growers that have
a production history for commercial purposes on
planted or existing trees but lost the trees as
a result of a natural disaster, as determined
by the Secretary.
(B) Limitation.--An eligible orchardist or nursery
tree grower shall qualify for assistance under
subparagraph (A) only if the tree mortality of the
eligible orchardist or nursery tree grower, as a result
of damaging weather or related condition, exceeds 15
percent (adjusted for normal mortality).
(3) Assistance.--Subject to paragraph (4), the assistance
provided by the Secretary to eligible orchardists and nursery
tree growers for losses described in paragraph (2) shall
consist of--
(A)(i) reimbursement of 65 percent of the cost of
replanting trees lost due to a natural disaster, as
determined by the Secretary, in excess of 15 percent
mortality (adjusted for normal mortality); or
(ii) at the option of the Secretary, sufficient
seedlings to reestablish a stand; and
(B) reimbursement of 50 percent of the cost of
pruning, removal, and other costs incurred by an
eligible orchardist or nursery tree grower to salvage
existing trees or, in the case of tree mortality, to
prepare the land to replant trees as a result of damage
or tree mortality due to a natural disaster, as
determined by the Secretary, in excess of 15 percent
damage or mortality (adjusted for normal tree damage
and mortality).
(4) Limitations on assistance.--
(A) Definitions of legal entity and person.--In
this paragraph, the terms ``legal entity'' and
``person'' have the meaning given those terms in
section 1001(a) of the Food Security Act of 1985 (7
U.S.C. 1308(a)).
(B) Amount.--The total amount of payments received,
directly or indirectly, by a person or legal entity
(excluding a joint venture or general partnership)
under this subsection may not exceed $100,000 for any
crop year, or an equivalent value in tree seedlings.
(C) Acres.--The total quantity of acres planted to
trees or tree seedlings for which a person or legal
entity shall be entitled to receive payments under this
subsection may not exceed 500 acres.
(f) Payments.--
(1) Payment limitations.--
(A) Definitions of legal entity and person.--In
this subsection, the terms ``legal entity'' and
``person'' have the meanings given those terms in
section 1001(a) of the Food Security Act of 1985 (7
U.S.C. 1308(a)).
(B) Amount.--The total amount of disaster
assistance payments received, directly or indirectly,
by a person or legal entity (excluding a joint venture
or general partnership) under this section (excluding
payments received under subsection (e)) may not exceed
$100,000 for any crop year.
(C) Direct attribution.--Subsections (d) and (e) of
section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308) or any successor provisions relating to direct
attribution shall apply with respect to assistance
provided under this section.
(2) Payment delivery.--The Secretary shall make payments
under this section after October 1, 2013, for losses incurred
in the 2012 and 2013 fiscal years.
SEC. 2. NONINSURED CROP ASSISTANCE PROGRAM.
(a) In General.--Section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Coverages.--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 coverages based on
individual yields (other than for value-loss crops)
equivalent to--
``(i) catastrophic risk protection
available under section 508(b) of the Federal
Crop Insurance Act (7 U.S.C. 1508(b)); or
``(ii) additional coverage available under
subsections (c) and (h) of section 508 of that
Act (7 U.S.C. 1508) that does not exceed 65
percent.
``(B) Administration.--The Secretary shall carry
out this section through the Farm Service Agency
(referred to in this section as the `Agency').''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``and'' after the semicolon at the end;
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(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'';
and
(ii) in subparagraph (B), by striking
``(including ornamental fish)'' and inserting
``(including ornamental fish, but excluding
tropical fish)'';
(2) in subsection (d), by striking ``The Secretary'' and
inserting ``Subject to subsection (l), the Secretary'';
(3) in subsection (k)(1)--
(A) in subparagraph (A), by striking ``$250'' and
inserting ``$260''; and
(B) in subparagraph (B)--
(i) by striking ``$750'' and inserting
``$780''; and
(ii) by striking ``$1,875'' and inserting
``$1,950''; and
(4) by adding at the end the following:
``(l) Payment Equivalent to Additional Coverage.--
``(1) In general.--The Secretary shall make available to a
producer eligible for noninsured assistance under this section
a payment equivalent to an indemnity for additional coverage
under subsections (c) and (h) of section 508 of the Federal
Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65
percent, computed by multiplying--
``(A) the quantity that is less than 50 to 65
percent of the established yield for the crop, as
determined by the Secretary, specified in increments of
5 percent;
``(B) 100 percent of the average market price for
the crop, as determined by the Secretary; and
``(C) a payment rate for the type of crop, as
determined by the Secretary, that reflects--
``(i) in the case of a crop that is
produced with a significant and variable
harvesting expense, the decreasing cost
incurred in the production cycle for the crop
that is, as applicable--
``(I) harvested;
``(II) planted but not harvested;
or
``(III) prevented from being
planted because of drought, flood, or
other natural disaster, as determined
by the Secretary; or
``(ii) in the case of a crop that is
produced without a significant and variable
harvesting expense, such rate as shall be
determined by the Secretary.
``(2) Premium.--To be eligible to receive a payment under
this subsection, a producer shall pay--
``(A) the service fee required by subsection (k);
and
``(B) a premium for the applicable crop year that
is equal to--
``(i) the product obtained by multiplying--
``(I) the number of acres devoted
to the eligible crop;
``(II) the yield, as determined by
the Secretary under subsection (e);
``(III) the coverage level elected
by the producer;
``(IV) the average market price, as
determined by the Secretary; and
``(ii) 5.25-percent premium fee.
``(3) Limited resource, beginning, and socially
disadvantaged farmers.--The additional coverage made available
under this subsection shall be available to limited resource,
beginning, and socially disadvantaged producers, as determined
by the Secretary, in exchange for a premium that is 50 percent
of the premium determined for a producer under paragraph (2).
``(4) Additional availability.--
``(A) In general.--As soon as practicable, the
Secretary shall make assistance available to producers
of an otherwise eligible crop described in subsection
(a)(2) that suffered losses--
``(i) to a 2012 annual fruit crop grown on
a bush or tree; and
``(ii) in a county covered by a declaration
by the Secretary of a natural disaster for
production losses due to a freeze or frost.
``(B) Assistance.--The Secretary shall make
assistance available under subparagraph (A) in an
amount equivalent to assistance available under
paragraph (1), less any fees not previously paid under
paragraph (2).''.
(b) Termination of Amendments.--
(1) In general.--Effective October 1, 2017, the amendments
made by subsection (a) (other than the amendment made by
subsection (a)(1)(B)(ii)) are repealed.
(2) Administration.--Effective October 1, 2017, section 196
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333) shall be applied and administered as if the
amendments made by subsection (a) (other than the amendment
made by subsection (a)(1)(B)(ii)) had not been enacted.
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Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
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