Agricultural Emergency Relief Act of 2023

To require the Secretary of Agriculture to carry out a program to provide payments to producers experiencing certain crop losses as a result of a disaster. 1. Short title This Act may be cited as the Agricultural Emergency Relief Act of 2023 2. Definitions In this Act: (1) Average adjusted gross farm income The term average adjusted gross farm income (2) Average adjusted gross income The term average adjusted gross income section 62 (3) Disaster (A) In general The term disaster (i) a drought; (ii) a wildfire; (iii) a hurricane; (iv) a flood; (v) a derecho; (vi) excessive heat; (vii) excessive moisture; (viii) a winter storm; and (ix) a freeze event (including a polar vortex). (B) Determination of drought For purposes of subparagraph (A)(i), a county shall be considered to have experienced a drought if any area within the county was rated by the U.S. Drought Monitor as experiencing— (i) a D2-level drought (commonly known as severe drought (ii) a D3-level drought (commonly known as extreme drought (4) Federal Crop Insurance The term Federal Crop Insurance 7 U.S.C. 1501 et seq. (5) Noninsured Crop Disaster Assistance Program The term Noninsured Crop Disaster Assistance Program 7 U.S.C. 7333 (6) Producer (A) In general The term producer (B) Exclusions The term producer (i) a joint venture; or (ii) a general partnership. (7) Qualified loss (A) In general The term qualified loss (B) Inclusions The term qualified loss (i) a loss incurred by a producer as a result of being prevented from planting a crop due to a disaster; (ii) a loss in the quality of a crop, trees, bushes, or vines due to a disaster; and (iii) a loss in the quality of a crop (including wine grapes), trees, bushes, or vines due to smoke exposure from a wildfire. (8) Secretary The term Secretary 3. Emergency relief program (a) Establishment The Secretary shall establish a program under which the Secretary shall provide payments during each crop year to producers that experienced a qualified loss during the crop year. (b) Application (1) In general To be eligible to receive a payment under this section for a crop year, a producer shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including a description of each qualified loss incurred by the producer during the crop year. (2) Approval The Secretary shall approve an application submitted by a producer under paragraph (1) if the application demonstrates to the satisfaction of the Secretary that the producer has incurred a qualified loss during the applicable crop year. (c) Provision of payments (1) In general The Secretary shall provide to each producer the application of whom is approved under subsection (b)(2) a payment for the applicable crop year, in accordance with subsection (d). (2) Requirement to purchase insurance As a condition of receiving a payment under this section, a producer shall purchase, for each of the 2 succeeding crop years— (A) Federal Crop Insurance, if available; or (B) if Federal Crop Insurance is not available, coverage under the Noninsured Crop Disaster Assistance Program. (d) Amount of payments (1) In general Subject to subsection (e), the amount of a payment provided to a producer under subsection (c)(1) shall be determined in accordance with— (A) to the maximum extent practicable, a calculation based on data relating to the producer for the applicable crop year that were previously submitted or known to the Secretary, including— (i) any indemnity of the producer under Federal Crop Insurance or payment received by the producer under the Noninsured Crop Disaster Assistance Program; (ii) the level of coverage of the producer under— (I) Federal Crop Insurance; or (II) the Noninsured Crop Disaster Assistance Program; and (iii) an appropriate percentage factor, to be established by the Secretary, subject to the condition that the factor shall be not more than 90 percent; or (B) for a producer that did not purchase coverage under Federal Crop Insurance or the Noninsured Crop Disaster Assistance Program, a calculation based on the revenue of the producer for the applicable crop year, as described in paragraph (2). (2) Revenue-based calculation (A) Definitions In this paragraph: (i) Allowable gross revenue The term allowable gross revenue (I) sales of eligible crops, as identified by the Secretary; or (II) sales resulting from value added in post-production activities. (ii) Benchmark year The term benchmark year (iii) Disaster year The term disaster year (B) Factors for consideration Subject to subparagraph (C), the revenue-based calculation referred to in paragraph (1)(B) shall take into account— (i) the allowable gross revenue of the applicable producer during a benchmark year; (ii) the allowable gross revenue of the applicable producer during the disaster year for which the payment is provided under this section; (iii) the percentage of the allowable gross revenue described in clause (ii) derived from sales of specialty crops and high-value crops; and (iv) an appropriate percentage factor, to be established by the Secretary, subject to the condition that the factor shall be not more than 70 percent. (C) Vertical integration for producers of wine grapes For a producer of wine grapes that uses not less than 75 percent of the grapes to produce wine at a facility owned by the producer, a payment provided under this section shall be calculated based on the market rate for wine grapes at the time of calculation, in lieu of the revenue of the producer. (e) Limitations For each crop year— (1) a producer the average adjusted gross farm income of whom is less than 75 percent may receive payments under this section in an amount equal to not more than— (A) $125,000 for the specialty crops and high-value crops of the producer, as determined by the Secretary; and (B) $125,000 for the crops of the producer not described in subparagraph (A); (2) a producer the average adjusted gross farm income of whom is 75 percent or more may receive payments under this section in an amount equal to not more than— (A) $900,000 for the specialty crops and high-value crops of the producer, as determined by the Secretary; and (B) $250,000 for the crops of the producer not described in subparagraph (A); and (3) the total amount of all payments provided to a producer under this section shall be not more than, as applicable— (A) an amount equal to 90 percent of the qualified losses of the producer during the crop year, including any assistance provided under— (i) Federal Crop Insurance; or (ii) the Noninsured Crop Disaster Assistance Program; or (B) an amount equal to 70 percent of the qualified losses of the producer during the crop year, if the producer did not— (i) obtain a policy or plan of insurance under Federal Crop Insurance for the crops, trees, bushes, or vines incurring the qualified losses; or (ii) file any required paperwork or pay any service fee under the Noninsured Crop Disaster Assistance Program by the applicable State filing deadline for a noninsurable commodity incurring the qualified losses. (f) Timing The Secretary shall administer the program under this section simultaneously for— (1) producers submitting applications using indemnity-based calculations, as described in subsection (d)(1)(A); and (2) producers submitting applications using revenue-based calculations, as described in subsection (d)(1)(B). 4. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act for each of fiscal years 2023 through 2028. (b) Administrative costs Of the amounts made available under subsection (a) for each fiscal year, the Secretary may use not more than 1 percent to pay the administrative costs of the Secretary.

Summary: Agricultural Emergency Relief Act of 2023This bill directs the Department of Agriculture (USDA) to establish an Emergency Relief Program to provide payments each crop year to producers that experience a qualified loss as a result of a disaster that occurred during the crop year. (Under current law, USDA provides payments under a temporary Emergency Relief Program for losses that occurred following disasters in 2020, 2021, or 2022.)The bill defines a qualified loss as a loss incurred by a producer in a crop, trees, bushes, or vines as a consequence of a disaster (i.e., a drought, wildfire, hurricane, flood, derecho, excessive heat, excessive moisture, a winter storm, and a freeze event, including a polar vortex). Further, a qualified loss includes a loss incurred as a result of being prevented from planting a crop due to a disaster and a loss in the quality of a crop, trees, bushes, or vines due to a disaster or smoke exposure from a wildfire.As a condition of receiving a payment under this program, a producer must purchase (for the next two years) Federal Crop Insurance or, if Federal Crop Insurance is not available, coverage under the Noninsured Crop Disaster Assistance Program.An eligible producer under the program is an individual or entity that is eligible to receive assistance under a Farm Service Agency administered disaster assistance program. The bill specifies that a producer does not include a joint venture or a general partnership.