II 

113TH CONGRESS 

1ST SESSION S. 141 

To make supplemental agricultural disaster assistance available for fiscal 

years 2012 and 2013, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24 (legislative day, JANUARY 3), 2013 

Mr. BAUCUS (for himself, Ms. STABENOW, and Mr. BLUNT) introduced the 

following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To make supplemental agricultural disaster assistance available for fiscal years 2012 and 2013, and for other purposes. 

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

3 SECTION 1. SUPPLEMENTAL AGRICULTURAL DISASTER AS4 SISTANCE PROGRAMS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE PRODUCER ON A FARM.— 

7 (A) IN GENERAL.—The term ‘‘eligible pro8 ducer on a farm’’ means an individual or entity 

9 described in subparagraph (B) that, as deterVerDate Mar 15 2010 04:34 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S141.IS S141

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1 mined by the Secretary, assumes the production 

2 and market risks associated with the agricul3 tural production of crops or livestock. 

4 (B) DESCRIPTION.—An individual or enti5 ty referred to in subparagraph (A) is— 

6 (i) a citizen of the United States; 

7 (ii) a resident alien; 

8 (iii) a partnership of citizens of the 

9 United States; or 

10 (iv) a corporation, limited liability cor11 poration, or other farm organizational 

12 structure organized under State law. 

13 (2) FARM.— 

14 (A) IN GENERAL.—The term ‘‘farm’’ 

15 means, in relation to an eligible producer on a 

16 farm, the total of all crop acreage in all coun17 ties that is planted or intended to be planted 

18 for harvest, for sale, or on-farm livestock feed19 ing (including native grassland intended for 

20 haying) by the eligible producer. 

21 (B) AQUACULTURE.—In the case of aqua22 culture, the term ‘‘farm’’ means, in relation to 

23 an eligible producer on a farm, all fish being 

24 produced in all counties that are intended to be 

25 harvested for sale by the eligible producer. 


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1 (C) HONEY.—In the case of honey, the 

2 term ‘‘farm’’ means, in relation to an eligible 

3 producer on a farm, all bees and beehives in all 

4 counties that are intended to be harvested for 

5 a honey crop for sale by the eligible producer. 

6 (3) FARM-RAISED FISH.—The term ‘‘farm7 raised fish’’ means any aquatic species that is propa8 gated and reared in a controlled environment. 

9 (4) LIVESTOCK.—The term ‘‘livestock’’ in10 cludes— 

11 (A) cattle (including dairy cattle); 

12 (B) bison; 

13 (C) poultry; 

14 (D) sheep; 

15 (E) swine; 

16 (F) horses; and 

17 (G) other livestock, as determined by the 

18 Secretary. 

19 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

20 (1) PAYMENTS.—For each of fiscal years 2012 

21 and 2013, the Secretary shall use such sums as are 

22 necessary of the funds of the Commodity Credit Cor23 poration to make livestock indemnity payments to el24 igible producers on farms that have incurred liveVerDate Mar 15 2010 04:34 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S141.IS S141

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1 stock death losses in excess of the normal mortality, 

2 as determined by the Secretary, due to— 

3 (A) attacks by animals reintroduced into 

4 the wild by the Federal Government or pro5 tected by Federal law, including wolves; or 

6 (B) adverse weather, as determined by the 

7 Secretary, during the calendar year, including 

8 losses due to hurricanes, floods, blizzards, dis9 ease, wildfires, extreme heat, and extreme cold. 

10 (2) PAYMENT RATES.—Indemnity payments to 

11 an eligible producer on a farm under paragraph (1) 

12 shall be made at a rate of 65 percent of the market 

13 value of the applicable livestock on the day before 

14 the date of death of the livestock, as determined by 

15 the Secretary. 

16 (3) SPECIAL RULE FOR PAYMENTS MADE DUE

17 TO DISEASE.—The Secretary shall ensure that pay18 ments made to an eligible producer under paragraph 

19 (1) are not made for the same livestock losses for 

20 which compensation is provided pursuant to section 

21 10407(d) of the Animal Health Protection Act (7 

22 U.S.C. 8306(d)). 

23 (c) LIVESTOCK FORAGE DISASTER PROGRAM.— 

24 (1) ESTABLISHMENT.—There is established a 

25 livestock forage disaster program to provide 1 source 


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1 for livestock forage disaster assistance for weather2 related forage losses, as determined by the Sec3 retary, by combining— 

4 (A) the livestock forage assistance func5 tions of— 

6 (i) the noninsured crop disaster assist7 ance program established by section 196 of 

8 the Federal Agriculture Improvement and 

9 Reform Act of 1996 (7 U.S.C. 7333); and 

10 (ii) the emergency assistance for live11 stock, honey bees, and farm-raised fish 

12 program under section 531(e) of the Fed13 eral Crop Insurance Act (7 U.S.C. 

14 1531(e)) (as in existence on the day before 

15 the date of enactment of this Act); and 

16 (B) the livestock forage disaster program 

17 under section 531(d) of the Federal Crop In18 surance Act (7 U.S.C. 1531(d)) (as in existence 

19 on the day before the date of enactment of this 

20 Act). 

21 (2) DEFINITIONS.—In this subsection: 

22 (A) COVERED LIVESTOCK.— 

23 (i) IN GENERAL.—Except as provided 

24 in clause (ii), the term ‘‘covered livestock’’ 

25 means livestock of an eligible livestock proVerDate Mar 15 2010 04:34 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S141.IS S141

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1 ducer that, during the 60 days prior to the 

2 beginning date of an eligible forage loss, as 

3 determined by the Secretary, the eligible 

4 livestock producer— 

5 (I) owned; 

6 (II) leased; 

7 (III) purchased; 

8 (IV) entered into a contract to 

9 purchase; 

10 (V) was a contract grower; or 

11 (VI) sold or otherwise disposed of 

12 due to an eligible forage loss during— 

13 (aa) the current production 

14 year; or 

15 (bb) subject to paragraph 

16 (4)(B)(ii), 1 or both of the 2 pro17 duction years immediately pre18 ceding the current production 

19 year. 

20 (ii) EXCLUSION.—The term ‘‘covered 

21 livestock’’ does not include livestock that 

22 were or would have been in a feedlot, on 

23 the beginning date of the eligible forage 

24 loss, as a part of the normal business operVerDate Mar 15 2010 04:34 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S141.IS S141

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1 ation of the eligible livestock producer, as 

2 determined by the Secretary. 

3 (B) DROUGHT MONITOR.—The term 

4 ‘‘drought monitor’’ means a system for 

5 classifying drought severity according to a 

6 range of abnormally dry to exceptional drought, 

7 as defined by the Secretary. 

8 (C) ELIGIBLE FORAGE LOSS.—The term 

9 ‘‘eligible forage loss’’ means 1 or more forage 

10 losses that occur due to weather-related condi11 tions, including drought, flood, blizzard, hail, 

12 excessive moisture, hurricane, and fire, occur13 ring during the normal grazing period, as deter14 mined by the Secretary, if the forage— 

15 (i) is grown on land that is native or 

16 improved pastureland with permanent veg17 etative cover; or 

18 (ii) is a crop planted specifically for 

19 the purpose of providing grazing for cov20 ered livestock of an eligible livestock pro21 ducer. 

22 (D) ELIGIBLE LIVESTOCK PRODUCER.— 

23 (i) IN GENERAL.—The term ‘‘eligible 

24 livestock producer’’ means an eligible pro25 ducer on a farm that— 


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1 (I) is an owner, cash or share 

2 lessee, or contract grower of covered 

3 livestock that provides the pastureland 

4 or grazing land, including cash-leased 

5 pastureland or grazing land, for the 

6 covered livestock; 

7 (II) provides the pastureland or 

8 grazing land for covered livestock, in9 cluding cash-leased pastureland or 

10 grazing land that is physically located 

11 in a county affected by an eligible for12 age loss; 

13 (III) certifies the eligible forage 

14 loss; and 

15 (IV) meets all other eligibility re16 quirements established under this sub17 section. 

18 (ii) EXCLUSION.—The term ‘‘eligible 

19 livestock producer’’ does not include an 

20 owner, cash or share lessee, or contract 

21 grower of livestock that rents or leases 

22 pastureland or grazing land owned by an23 other person on a rate-of-gain basis. 

24 (E) NORMAL CARRYING CAPACITY.—The 

25 term ‘‘normal carrying capacity’’, with respect 


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1 to each type of grazing land or pastureland in 

2 a county, means the normal carrying capacity, 

3 as determined under paragraph (4)(D)(i), that 

4 would be expected from the grazing land or 

5 pastureland for livestock during the normal 

6 grazing period, in the absence of an eligible for7 age loss that diminishes the production of the 

8 grazing land or pastureland. 

9 (F) NORMAL GRAZING PERIOD.—The term 

10 ‘‘normal grazing period’’, with respect to a 

11 county, means the normal grazing period during 

12 the calendar year for the county, as determined 

13 under paragraph (4)(D)(i). 

14 (3) PROGRAM.—For each of fiscal years 2012 

15 and 2013, the Secretary shall use such sums as are 

16 necessary of the funds of the Commodity Credit Cor17 poration to provide compensation under paragraphs 

18 (4) through (6), as determined by the Secretary for 

19 eligible forage losses affecting covered livestock of el20 igible livestock producers. 

21 (4) ASSISTANCE FOR ELIGIBLE FORAGE LOSSES

22 DUE TO DROUGHT CONDITIONS.— 

23 (A) ELIGIBLE FORAGE LOSSES.— 

24 (i) IN GENERAL.—An eligible livestock 

25 producer of covered livestock may receive 


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1 assistance under this paragraph for eligible 

2 forage losses that occur due to drought on 

3 land that— 

4 (I) is native or improved 

5 pastureland with permanent vegeta6 tive cover; or 

7 (II) is planted to a crop planted 

8 specifically for the purpose of pro9 viding grazing for covered livestock. 

10 (ii) EXCLUSIONS.—An eligible live11 stock producer may not receive assistance 

12 under this paragraph for eligible forage 

13 losses that occur on land used for haying 

14 or grazing under the conservation reserve 

15 program established under subchapter B of 

16 chapter 1 of subtitle D of title XII of the 

17 Food Security Act of 1985 (16 U.S.C. 

18 3831 et seq.), unless the land is grassland 

19 eligible for the grassland reserve program 

20 established under subchapter D of chapter 

21 2 of subtitle D of title XII of the Food Se22 curity Act of 1985 (16 U.S.C. 3838n et 

23 seq.). 

24 (B) MONTHLY PAYMENT RATE.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), the payment rate for assist3 ance for 1 month under this paragraph 

4 shall, in the case of drought, be equal to 

5 60 percent of the lesser of— 

6 (I) the monthly feed cost for all 

7 covered livestock owned or leased by 

8 the eligible livestock producer, as de9 termined under subparagraph (C); or 

10 (II) the monthly feed cost cal11 culated by using the normal carrying 

12 capacity of the eligible grazing land of 

13 the eligible livestock producer. 

14 (ii) PARTIAL COMPENSATION.—In the 

15 case of an eligible livestock producer that 

16 sold or otherwise disposed of covered live17 stock due to drought conditions in 1 or 

18 both of the 2 production years immediately 

19 preceding the current production year, as 

20 determined by the Secretary, the payment 

21 rate shall be 80 percent of the payment 

22 rate otherwise calculated in accordance 

23 with clause (i). 

24 (C) MONTHLY FEED COST.— 


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1 (i) IN GENERAL.—The monthly feed 

2 cost shall equal the product obtained by 

3 multiplying— 

4 (I) 30 days; 

5 (II) a payment quantity that is 

6 equal to the feed grain equivalent, as 

7 determined under clause (ii); and 

8 (III) a payment rate that is equal 

9 to the corn price per pound, as deter10 mined under clause (iii). 

11 (ii) FEED GRAIN EQUIVALENT.—For 

12 purposes of clause (i)(II), the feed grain 

13 equivalent shall equal— 

14 (I) in the case of an adult beef 

15 cow, 15.7 pounds of corn per day; or 

16 (II) in the case of any other type 

17 of weight of livestock, an amount de18 termined by the Secretary that rep19 resents the average number of pounds 

20 of corn per day necessary to feed the 

21 livestock. 

22 (iii) CORN PRICE PER POUND.—For 

23 purposes of clause (i)(III), the corn price 

24 per pound shall equal the quotient ob25 tained by dividing— 


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1 (I) the higher of— 

2 (aa) the national average 

3 corn price per bushel for the 12- 

4 month period immediately pre5 ceding March 1 of the year for 

6 which the disaster assistance is 

7 calculated; or 

8 (bb) the national average 

9 corn price per bushel for the 24- 

10 month period immediately pre11 ceding that March 1; by 

12 (II) 56. 

13 (D) NORMAL GRAZING PERIOD AND

14 DROUGHT MONITOR INTENSITY.— 

15 (i) FSA COUNTY COMMITTEE DETER16 MINATIONS.— 

17 (I) IN GENERAL.—The Secretary 

18 shall determine the normal carrying 

19 capacity and normal grazing period 

20 for each type of grazing land or 

21 pastureland in the county served by 

22 the applicable Farm Service Agency 

23 committee. 

24 (II) CHANGES.—No change to 

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1 mal grazing period established for a 

2 county under subclause (I) shall be 

3 made unless the change is requested 

4 by the appropriate State and county 

5 Farm Service Agency committees. 

6 (ii) DROUGHT INTENSITY.— 

7 (I) D2.—An eligible livestock 

8 producer that owns or leases grazing 

9 land or pastureland that is physically 

10 located in a county that is rated by 

11 the U.S. Drought Monitor as having a 

12 D2 (severe drought) intensity in any 

13 area of the county for at least 8 con14 secutive weeks during the normal 

15 grazing period for the county, as de16 termined by the Secretary, shall be el17 igible to receive assistance under this 

18 paragraph in an amount equal to 1 

19 monthly payment using the monthly 

20 payment rate determined under sub21 paragraph (B). 

22 (II) D3.—An eligible livestock 

23 producer that owns or leases grazing 

24 land or pastureland that is physically 

25 located in a county that is rated by 


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1 the U.S. Drought Monitor as having 

2 at least a D3 (extreme drought) in3 tensity in any area of the county at 

4 any time during the normal grazing 

5 period for the county, as determined 

6 by the Secretary, shall be eligible to 

7 receive assistance under this para8 graph— 

9 (aa) in an amount equal to 

10 3 monthly payments using the 

11 monthly payment rate deter12 mined under subparagraph (B); 

13 (bb) if the county is rated as 

14 having a D3 (extreme drought) 

15 intensity in any area of the coun16 ty for at least 4 weeks during the 

17 normal grazing period for the 

18 county, or is rated as having a 

19 D4 (exceptional drought) inten20 sity in any area of the county at 

21 any time during the normal graz22 ing period, in an amount equal to 

23 4 monthly payments using the 

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1 mined under subparagraph (B); 

2 or 

3 (cc) if the county is rated as 

4 having a D4 (exceptional 

5 drought) intensity in any area of 

6 the county for at least 4 weeks 

7 during the normal grazing pe8 riod, in an amount equal to 5 

9 monthly payments using the 

10 monthly rate determined under 

11 subparagraph (B). 

12 (iii) ANNUAL PAYMENT BASED ON

13 DROUGHT CONDITIONS DETERMINED BY

14 MEANS OTHER THAN THE U.S. DROUGHT

15 MONITOR.— 

16 (I) IN GENERAL.—An eligible 

17 livestock producer that owns grazing 

18 land or pastureland that is physically 

19 located in a county that has experi20 enced on average, over the preceding 

21 calendar year, precipitation levels that 

22 are 50 percent or more below normal 

23 levels, according to sufficient docu24 mentation as determined by the Sec25 retary, may be eligible, subject to a 


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1 determination by the Secretary, to re2 ceive assistance under this paragraph 

3 in an amount equal to not more than 

4 1 monthly payment using the monthly 

5 payment rate under subparagraph 

6 (B). 

7 (II) NO DUPLICATE PAYMENT.— 

8 A producer may not receive a pay9 ment under both clause (ii) and this 

10 clause. 

11 (5) ASSISTANCE FOR LOSSES DUE TO FIRE ON

12 PUBLIC MANAGED LAND.— 

13 (A) IN GENERAL.—An eligible livestock 

14 producer may receive assistance under this 

15 paragraph only if— 

16 (i) the eligible forage losses occur on 

17 rangeland that is managed by a Federal 

18 agency; and 

19 (ii) the eligible livestock producer is 

20 prohibited by the Federal agency from 

21 grazing the normal permitted livestock on 

22 the managed rangeland due to a fire. 

23 (B) PAYMENT RATE.—The payment rate 

24 for assistance under this paragraph shall be 

25 equal to 50 percent of the monthly feed cost for 


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1 the total number of livestock covered by the 

2 Federal lease of the eligible livestock producer, 

3 as determined under paragraph (4)(C). 

4 (C) PAYMENT DURATION.— 

5 (i) IN GENERAL.—Subject to clause 

6 (ii), an eligible livestock producer shall be 

7 eligible to receive assistance under this 

8 paragraph for the period— 

9 (I) beginning on the date on 

10 which the Federal agency excludes the 

11 eligible livestock producer from using 

12 the managed rangeland for grazing; 

13 and 

14 (II) ending on the last day of the 

15 Federal lease of the eligible livestock 

16 producer. 

17 (ii) LIMITATION.—An eligible livestock 

18 producer may only receive assistance under 

19 this paragraph for losses that occur on not 

20 more than 180 days per year. 

21 (6) ASSISTANCE FOR ELIGIBLE FORAGE LOSSES

22 DUE TO OTHER THAN DROUGHT OR FIRE.— 

23 (A) ELIGIBLE FORAGE LOSSES.— 

24 (i) IN GENERAL.—Subject to subpara25 graph (B), an eligible livestock producer of 


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1 covered livestock may receive assistance 

2 under this paragraph for eligible forage 

3 losses that occur due to weather-related 

4 conditions other than drought or fire on 

5 land that— 

6 (I) is native or improved 

7 pastureland with permanent vegeta8 tive cover; or 

9 (II) is planted to a crop planted 

10 specifically for the purpose of pro11 viding grazing for covered livestock. 

12 (ii) EXCLUSIONS.—An eligible live13 stock producer may not receive assistance 

14 under this paragraph for eligible forage 

15 losses that occur on land used for haying 

16 or grazing under the conservation reserve 

17 program established under subchapter B of 

18 chapter 1 of subtitle D of title XII of the 

19 Food Security Act of 1985 (16 U.S.C. 

20 3831 et seq.), unless the land is grassland 

21 eligible for the grassland reserve program 

22 established under subchapter D of chapter 

23 2 of subtitle D of title XII of the Food Se24 curity Act of 1985 (16 U.S.C. 3838n et 

25 seq.). 


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1 (B) PAYMENTS FOR ELIGIBLE FORAGE

2 LOSSES.— 

3 (i) IN GENERAL.—The Secretary shall 

4 provide assistance under this paragraph to 

5 an eligible livestock producer for eligible 

6 forage losses that occur due to weather-re7 lated conditions other than— 

8 (I) drought under paragraph (4); 

9 and 

10 (II) fire on public managed land 

11 under paragraph (5). 

12 (ii) TERMS AND CONDITIONS.—The 

13 Secretary shall establish terms and condi14 tions for assistance under this paragraph 

15 that are consistent with the terms and con16 ditions for assistance under this sub17 section. 

18 (7) NO DUPLICATIVE PAYMENTS.—An eligible 

19 livestock producer may elect to receive assistance for 

20 eligible forage losses under either paragraph (4), (5), 

21 or (6), if applicable, but may not receive assistance 

22 under more than 1 of those paragraphs for the same 

23 loss, as determined by the Secretary. 


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1 (8) DETERMINATIONS BY SECRETARY.—A de2 termination made by the Secretary under this sub3 section shall be final and conclusive. 

4 (d) EMERGENCY ASSISTANCE FOR LIVESTOCK, 

5 HONEY BEES, AND FARM-RAISED FISH.— 

6 (1) IN GENERAL.—For each of fiscal years 

7 2012 and 2013, the Secretary shall use not more 

8 than $5,000,000 of the funds of the Commodity 

9 Credit Corporation to provide emergency relief to eli10 gible producers of livestock, honey bees, and farm11 raised fish to aid in the reduction of losses due to 

12 disease, adverse weather, or other conditions, such 

13 as blizzards and wildfires, as determined by the Sec14 retary, that are not covered under subsection (b) or 

15 (c). 

16 (2) USE OF FUNDS.—Funds made available 

17 under this subsection shall be used to reduce losses 

18 caused by feed or water shortages, disease, or other 

19 factors as determined by the Secretary. 

20 (3) AVAILABILITY OF FUNDS.—Any funds made 

21 available under this subsection shall remain available 

22 until expended. 

23 (e) TREE ASSISTANCE PROGRAM.— 

24 (1) DEFINITIONS.—In this subsection: 


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1 (A) ELIGIBLE ORCHARDIST.—The term 

2 ‘‘eligible orchardist’’ means a person that pro3 duces annual crops from trees for commercial 

4 purposes. 

5 (B) NATURAL DISASTER.—The term ‘‘nat6 ural disaster’’ means plant disease, insect infes7 tation, drought, fire, freeze, flood, earthquake, 

8 lightning, or other occurrence, as determined by 

9 the Secretary. 

10 (C) NURSERY TREE GROWER.—The term 

11 ‘‘nursery tree grower’’ means a person who pro12 duces nursery, ornamental, fruit, nut, or Christ13 mas trees for commercial sale, as determined by 

14 the Secretary. 

15 (D) TREE.—The term ‘‘tree’’ includes a 

16 tree, bush, and vine. 

17 (2) ELIGIBILITY.— 

18 (A) LOSS.—Subject to subparagraph (B), 

19 for each of fiscal years 2012 and 2013, the Sec20 retary shall use such sums as are necessary of 

21 the funds of the Commodity Credit Corporation 

22 to provide assistance— 

23 (i) under paragraph (3) to eligible or24 chardists and nursery tree growers that 

25 planted trees for commercial purposes but 


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1 lost the trees as a result of a natural dis2 aster, as determined by the Secretary; and 

3 (ii) under paragraph (3)(B) to eligible 

4 orchardists and nursery tree growers that 

5 have a production history for commercial 

6 purposes on planted or existing trees but 

7 lost the trees as a result of a natural dis8 aster, as determined by the Secretary. 

9 (B) LIMITATION.—An eligible orchardist 

10 or nursery tree grower shall qualify for assist11 ance under subparagraph (A) only if the tree 

12 mortality of the eligible orchardist or nursery 

13 tree grower, as a result of damaging weather or 

14 related condition, exceeds 15 percent (adjusted 

15 for normal mortality). 

16 (3) ASSISTANCE.—Subject to paragraph (4), 

17 the assistance provided by the Secretary to eligible 

18 orchardists and nursery tree growers for losses de19 scribed in paragraph (2) shall consist of— 

20 (A)(i) reimbursement of 65 percent of the 

21 cost of replanting trees lost due to a natural 

22 disaster, as determined by the Secretary, in ex23 cess of 15 percent mortality (adjusted for nor24 mal mortality); or 


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1 (ii) at the option of the Secretary, suffi2 cient seedlings to reestablish a stand; and 

3 (B) reimbursement of 50 percent of the 

4 cost of pruning, removal, and other costs in5 curred by an eligible orchardist or nursery tree 

6 grower to salvage existing trees or, in the case 

7 of tree mortality, to prepare the land to replant 

8 trees as a result of damage or tree mortality 

9 due to a natural disaster, as determined by the 

10 Secretary, in excess of 15 percent damage or 

11 mortality (adjusted for normal tree damage and 

12 mortality). 

13 (4) LIMITATIONS ON ASSISTANCE.— 

14 (A) DEFINITIONS OF LEGAL ENTITY AND

15 PERSON.—In this paragraph, the terms ‘‘legal 

16 entity’’ and ‘‘person’’ have the meaning given 

17 those terms in section 1001(a) of the Food Se18 curity Act of 1985 (7 U.S.C. 1308(a)). 

19 (B) AMOUNT.—The total amount of pay20 ments received, directly or indirectly, by a per21 son or legal entity (excluding a joint venture or 

22 general partnership) under this subsection may 

23 not exceed $100,000 for any crop year, or an 

24 equivalent value in tree seedlings. 


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1 (C) ACRES.—The total quantity of acres 

2 planted to trees or tree seedlings for which a 

3 person or legal entity shall be entitled to receive 

4 payments under this subsection may not exceed 

5 500 acres. 

6 (f) PAYMENTS.— 

7 (1) PAYMENT LIMITATIONS.— 

8 (A) DEFINITIONS OF LEGAL ENTITY AND

9 PERSON.—In this subsection, the terms ‘‘legal 

10 entity’’ and ‘‘person’’ have the meanings given 

11 those terms in section 1001(a) of the Food Se12 curity Act of 1985 (7 U.S.C. 1308(a)). 

13 (B) AMOUNT.—The total amount of dis14 aster assistance payments received, directly or 

15 indirectly, by a person or legal entity (excluding 

16 a joint venture or general partnership) under 

17 this section (excluding payments received under 

18 subsection (e)) may not exceed $100,000 for 

19 any crop year. 

20 (C) DIRECT ATTRIBUTION.—Subsections 

21 (d) and (e) of section 1001 of the Food Secu22 rity Act of 1985 (7 U.S.C. 1308) or any suc23 cessor provisions relating to direct attribution 

24 shall apply with respect to assistance provided 

25 under this section. 


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1 (2) PAYMENT DELIVERY.—The Secretary shall 

2 make payments under this section after October 1, 

3 2013, for losses incurred in the 2012 and 2013 fis4 cal years. 

5 SEC. 2. NONINSURED CROP ASSISTANCE PROGRAM. 

6 (a) IN GENERAL.—Section 196 of the Federal Agri7 culture Improvement and Reform Act of 1996 (7 U.S.C. 

8 7333) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking paragraph (1) and insert11 ing the following: 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) COVERAGES.—In the case of an eligi14 ble crop described in paragraph (2), the Sec15 retary of Agriculture shall operate a noninsured 

16 crop disaster assistance program to provide cov17 erages based on individual yields (other than 

18 for value-loss crops) equivalent to— 

19 ‘‘(i) catastrophic risk protection avail20 able under section 508(b) of the Federal 

21 Crop Insurance Act (7 U.S.C. 1508(b)); or 

22 ‘‘(ii) additional coverage available 

23 under subsections (c) and (h) of section 

24 508 of that Act (7 U.S.C. 1508) that does 

25 not exceed 65 percent. 


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1 ‘‘(B) ADMINISTRATION.—The Secretary 

2 shall carry out this section through the Farm 

3 Service Agency (referred to in this section as 

4 the ‘Agency’).’’; and 

5 (B) in paragraph (2)— 

6 (i) in subparagraph (A)— 

7 (I) in clause (i), by striking 

8 ‘‘and’’ after the semicolon at the end; 

9 (II) by redesignating clause (ii) 

10 as clause (iii); and 

11 (III) by inserting after clause (i) 

12 the following: 

13 ‘‘(ii) for which additional coverage 

14 under subsections (c) and (h) of section 

15 508 of that Act (7 U.S.C. 1508) is not 

16 available; and’’; and 

17 (ii) in subparagraph (B), by striking 

18 ‘‘(including ornamental fish)’’ and insert19 ing ‘‘(including ornamental fish, but ex20 cluding tropical fish)’’; 

21 (2) in subsection (d), by striking ‘‘The Sec22 retary’’ and inserting ‘‘Subject to subsection (l), the 

23 Secretary’’; 

24 (3) in subsection (k)(1)— 


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•S 141 IS

1 (A) in subparagraph (A), by striking 

2 ‘‘$250’’ and inserting ‘‘$260’’; and 

3 (B) in subparagraph (B)— 

4 (i) by striking ‘‘$750’’ and inserting 

5 ‘‘$780’’; and 

6 (ii) by striking ‘‘$1,875’’ and insert7 ing ‘‘$1,950’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL COV10 ERAGE.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall make 

12 available to a producer eligible for noninsured assist13 ance under this section a payment equivalent to an 

14 indemnity for additional coverage under subsections 

15 (c) and (h) of section 508 of the Federal Crop In16 surance Act (7 U.S.C. 1508) that does not exceed 

17 65 percent, computed by multiplying— 

18 ‘‘(A) the quantity that is less than 50 to 

19 65 percent of the established yield for the crop, 

20 as determined by the Secretary, specified in in21 crements of 5 percent; 

22 ‘‘(B) 100 percent of the average market 

23 price for the crop, as determined by the Sec24 retary; and 


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1 ‘‘(C) a payment rate for the type of crop, 

2 as determined by the Secretary, that reflects— 

3 ‘‘(i) in the case of a crop that is pro4 duced with a significant and variable har5 vesting expense, the decreasing cost in6 curred in the production cycle for the crop 

7 that is, as applicable— 

8 ‘‘(I) harvested; 

9 ‘‘(II) planted but not harvested; 

10 or 

11 ‘‘(III) prevented from being 

12 planted because of drought, flood, or 

13 other natural disaster, as determined 

14 by the Secretary; or 

15 ‘‘(ii) in the case of a crop that is pro16 duced without a significant and variable 

17 harvesting expense, such rate as shall be 

18 determined by the Secretary. 

19 ‘‘(2) PREMIUM.—To be eligible to receive a pay20 ment under this subsection, a producer shall pay— 

21 ‘‘(A) the service fee required by subsection 

22 (k); and 

23 ‘‘(B) a premium for the applicable crop 

24 year that is equal to— 


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1 ‘‘(i) the product obtained by multi2 plying— 

3 ‘‘(I) the number of acres devoted 

4 to the eligible crop; 

5 ‘‘(II) the yield, as determined by 

6 the Secretary under subsection (e); 

7 ‘‘(III) the coverage level elected 

8 by the producer; 

9 ‘‘(IV) the average market price, 

10 as determined by the Secretary; and 

11 ‘‘(ii) 5.25-percent premium fee. 

12 ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO13 CIALLY DISADVANTAGED FARMERS.—The additional 

14 coverage made available under this subsection shall 

15 be available to limited resource, beginning, and so16 cially disadvantaged producers, as determined by the 

17 Secretary, in exchange for a premium that is 50 per18 cent of the premium determined for a producer 

19 under paragraph (2). 

20 ‘‘(4) ADDITIONAL AVAILABILITY.— 

21 ‘‘(A) IN GENERAL.—As soon as prac22 ticable, the Secretary shall make assistance 

23 available to producers of an otherwise eligible 

24 crop described in subsection (a)(2) that suffered 

25 losses— 


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1 ‘‘(i) to a 2012 annual fruit crop 

2 grown on a bush or tree; and 

3 ‘‘(ii) in a county covered by a declara4 tion by the Secretary of a natural disaster 

5 for production losses due to a freeze or 

6 frost. 

7 ‘‘(B) ASSISTANCE.—The Secretary shall 

8 make assistance available under subparagraph 

9 (A) in an amount equivalent to assistance avail10 able under paragraph (1), less any fees not pre11 viously paid under paragraph (2).’’. 

12 (b) TERMINATION OF AMENDMENTS.— 

13 (1) IN GENERAL.—Effective October 1, 2017, 

14 the amendments made by subsection (a) (other than 

15 the amendment made by subsection (a)(1)(B)(ii)) 

16 are repealed. 

17 (2) ADMINISTRATION.—Effective October 1, 

18 2017, section 196 of the Federal Agriculture Im19 provement and Reform Act of 1996 (7 U.S.C. 7333) 

20 shall be applied and administered as if the amend21 ments made by subsection (a) (other than the 

22 amendment made by subsection (a)(1)(B)(ii)) had 

23 not been enacted. 

Æ 


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