I 

112TH CONGRESS 

1ST SESSION H. R. 3740 

To provide supplemental emergency disaster assistance to agricultural producers for certain crop losses during the 2011 crop year, to eliminate 

limitations on certain waivers for borrowers eligible for direct farm operating loans, and to suspend the limitation on the period for which 

borrowers are eligible for guaranteed farm operating loans, for farming 

or ranching operations in counties subject to a disaster declaration issued 

in 2011. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2011 

Mr. BUTTERFIELD (for himself, Mr. MCINTYRE, Mr. SHULER, Mr. KISSELL, 

Mr. MILLER of North Carolina, Mr. PRICE of North Carolina, and Mr. 

WATT) introduced the following bill; which was referred to the Committee 

on Agriculture 

A BILL 

To provide supplemental emergency disaster assistance to 

agricultural producers for certain crop losses during the 

2011 crop year, to eliminate limitations on certain waivers for borrowers eligible for direct farm operating loans, 

and to suspend the limitation on the period for which 

borrowers are eligible for guaranteed farm operating 

loans, for farming or ranching operations in counties 

subject to a disaster declaration issued in 2011. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Farmers Disaster As3 sistance Act of 2011’’. 

4 SEC. 2. SUPPLEMENTAL EMERGENCY DISASTER ASSIST5 ANCE. 

6 (a) DEFINITIONS.—In this section: 

7 (1) DISASTER COUNTY.—The term ‘‘disaster 

8 county’’ means a county included in the geographic 

9 area covered by a qualifying natural disaster dec10 laration for the 2011 crop year. 

11 (2) ELIGIBLE PRODUCER.—The term ‘‘eligible 

12 producer’’ means an agricultural producer in a dis13 aster county. 

14 (3) ELIGIBLE SPECIALTY CROP PRODUCER.— 

15 The term ‘‘eligible specialty crop producer’’ means 

16 an agricultural producer that, for the 2011 crop 

17 year, as determined by the Secretary— 

18 (A) produced, or was prevented from 

19 planting, a specialty crop; and 

20 (B) experienced crop losses in a disaster 

21 county due to excessive rainfall or related condi22 tion. 

23 (4) QUALIFYING NATURAL DISASTER DECLARA24 TION.—The term ‘‘qualifying natural disaster dec25 laration’’ means a natural disaster declared by the 

26 Secretary for production losses under section 321(a) 


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1 of the Consolidated Farm and Rural Development 

2 Act (7 U.S.C. 1961(a)). 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 (6) SPECIALTY CROP.—The term ‘‘specialty 

6 crop’’ has the meaning given the term in section 3 

7 of the Specialty Crops Competitiveness Act of 2004 

8 (Public Law 108–465; 7 U.S.C. 1621 note). 

9 (b) SUPPLEMENTAL DIRECT PAYMENT.— 

10 (1) IN GENERAL.—Of the funds of the Com11 modity Credit Corporation, the Secretary shall use 

12 such sums as are necessary to make supplemental 

13 payments under sections 1103 and 1303 of the 

14 Food, Conservation, and Energy Act of 2008 (7 

15 U.S.C. 8713, 8753) to eligible producers on farms 

16 located in disaster counties that had at least 1 crop 

17 of economic significance (other than crops intended 

18 for grazing) suffer at least a 5-percent crop loss due 

19 to a natural disaster, including quality losses, as de20 termined by the Secretary, in an amount equal to 90 

21 percent of the direct payment the eligible producers 

22 received for the 2011 crop year on the farm. 

23 (2) ACRE PROGRAM.—Eligible producers that 

24 received payments under section 1105 of the Food, 

25 Conservation, and Energy Act of 2008 (7 U.S.C. 


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1 8715) for the 2011 crop year and that otherwise 

2 meet the requirements of paragraph (1) shall be eli3 gible to receive supplemental payments under that 

4 paragraph in an amount equal to 90 percent of the 

5 reduced direct payment the eligible producers re6 ceived for the 2011 crop year under section 1103 or 

7 1303 of the Food, Conservation, and Energy Act of 

8 2008 (7 U.S.C. 8713, 8753). 

9 (3) INSURANCE REQUIREMENT.—As a condition 

10 of receiving assistance under this subsection, eligible 

11 producers on a farm that— 

12 (A) in the case of an insurable commodity, 

13 did not obtain a policy or plan of insurance for 

14 the insurable commodity under the Federal 

15 Crop Insurance Act (7 U.S.C. 1501 et seq.) 

16 (other than for a crop insurance pilot program 

17 under that Act) for each crop of economic sig18 nificance (other than crops intended for graz19 ing), shall obtain such a policy or plan for those 

20 crops for the next available crop year, as deter21 mined by the Secretary; or 

22 (B) in the case of a noninsurable com23 modity, did not file the required paperwork, and 

24 pay the administrative fee by the applicable 

25 State filing deadline, for the noninsurable comVerDate Mar 15 2010 03:58 Dec 24, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3740.IH H3740

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1 modity under section 196 of the Federal Agri2 culture Improvement and Reform Act of 1996 

3 (7 U.S.C. 7333) for each crop of economic sig4 nificance (other than crops intended for graz5 ing), shall obtain such coverage for those crops 

6 for the next available crop year, as determined 

7 by the Secretary. 

8 (4) RELATIONSHIP TO OTHER LAW.—Assistance 

9 received under this subsection shall be included in 

10 the calculation of farm revenue for the 2011 crop 

11 year under section 531(b)(4)(A) of the Federal Crop 

12 Insurance Act (7 U.S.C. 1531(b)(4)(A)) and section 

13 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. 

14 2497(b)(4)(A)). 

15 (c) SPECIALTY CROP ASSISTANCE.— 

16 (1) IN GENERAL.—Of the funds of the Com17 modity Credit Corporation, the Secretary shall use 

18 such sums as necessary, which shall remain available 

19 until September 30, 2012, to carry out a program 

20 of grants to States to assist eligible specialty crop 

21 producers for losses due to excessive rainfall and re22 lated conditions affecting the 2011 crops. 

23 (2) NOTIFICATION.—Not later than 60 days 

24 after the date of enactment of this Act, the Sec25 retary shall notify the State department of agriVerDate Mar 15 2010 03:58 Dec 24, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3740.IH H3740

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1 culture (or similar entity) in each State of the avail2 ability of funds to assist eligible specialty crop pro3 ducers, including such terms as are determined by 

4 the Secretary to be necessary for the equitable treat5 ment of eligible specialty crop producers. 

6 (3) PROVISION OF GRANTS.— 

7 (A) IN GENERAL.—The Secretary shall 

8 make grants to States for disaster counties with 

9 excessive rainfall and related conditions on a 

10 pro rata basis based on the value of specialty 

11 crop losses in those counties during the 2011 

12 calendar year, as determined by the Secretary. 

13 (B) TIMING.—Not later than 120 days 

14 after the date of enactment of this Act, the Sec15 retary shall make grants to States to provide 

16 assistance under this subsection. 

17 (C) MAXIMUM GRANT.—The maximum 

18 amount of a grant made to a State under this 

19 subsection may not exceed $40,000,000. 

20 (4) REQUIREMENTS.—The Secretary shall 

21 make grants under this subsection only to States 

22 that demonstrate to the satisfaction of the Secretary 

23 that the State will— 

24 (A) use grant funds to assist eligible spe25 cialty crop producers; 


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1 (B) provide assistance to eligible specialty 

2 crop producers not later than 90 days after the 

3 date on which the State receives grant funds; 

4 and 

5 (C) not later than 30 days after the date 

6 on which the State provides assistance to eligi7 ble specialty crop producers, submit to the Sec8 retary a report that describes— 

9 (i) the manner in which the State pro10 vided assistance; 

11 (ii) the amounts of assistance pro12 vided by type of specialty crop; and 

13 (iii) the process by which the State 

14 determined the levels of assistance to eligi15 ble specialty crop producers. 

16 (5) RELATION TO OTHER LAW.—Assistance re17 ceived under this subsection shall be included in the 

18 calculation of farm revenue for the 2011 crop year 

19 under section 531(b)(4)(A) of the Federal Crop In20 surance Act (7 U.S.C. 1531(b)(4)(A)) and section 

21 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. 

22 2497(b)(4)(A)). 


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1 SEC. 3. ELIMINATION OF LIMITATIONS ON CERTAIN WAIV2 ERS FOR BORROWERS ELIGIBLE FOR DIRECT 

3 FARM OPERATING LOANS FOR FARMING OR 

4 RANCHING OPERATIONS IN COUNTIES SUB5 JECT TO A DISASTER DECLARATION ISSUED 

6 IN 2011. 

7 The numerical and durational limitations on waivers 

8 which may be granted under section 311(c)(4)(B) of the 

9 Consolidated Farm and Rural Development Act shall not 

10 apply with respect to an operating loan for a farming or 

11 ranching operation located in a county which is found by 

12 the Secretary of Agriculture to have been substantially af13 fected by a natural disaster in the United States or a 

14 major disaster or emergency designated by the President 

15 under the Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act, that occurred in calendar year 2011. 

17 SEC. 4. SUSPENSION OF LIMITATION ON PERIOD FOR 

18 WHICH BORROWERS ARE ELIGIBLE FOR 

19 GUARANTEED FARM OPERATING LOANS FOR 

20 FARMING OR RANCHING OPERATIONS IN 

21 COUNTIES SUBJECT TO A DISASTER DEC22 LARATION ISSUED IN 2011. 

23 Section 5102 of the Farm Security and Rural Invest24 ment Act of 2002 (7 U.S.C. 1949 note; Public Law 107– 

25 171) is amended— 


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1 (1) in the section heading by inserting ‘‘FOR

2 FARMING OR RANCHING OPERATIONS IN

3 COUNTIES SUBJECT TO A DISASTER DECLARA4 TION ISSUED IN 2011’’ after ‘‘ASSISTANCE’’; 

5 (2) by striking ‘‘2010’’ and inserting ‘‘2013’’; 

6 and 

7 (3) by inserting ‘‘in the case of a guaranteed 

8 operating loan for a farming or ranching operation 

9 located in a county which is found by the Secretary 

10 of Agriculture to have been substantially affected by 

11 a natural disaster in the United States or a major 

12 disaster or emergency designated by the President 

13 under the Robert T. Stafford Disaster Relief and 

14 Emergency Assistance Act, that occurred in calendar 

15 year 2011’’ before the period. 

Æ 


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