I 
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 avail-
able for fiscal years 2012 and 2013, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SUPPLEMENTAL AGRICULTURAL DISASTER AS-
SISTANCE PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE PRODUCER ON A FARM.— 
(A) IN GENERAL.—The term ‘‘eligible pro-
ducer on a farm’’ means an individual or entity 
described in subparagraph (B) that, as deter-
mined by the Secretary, assumes the production 
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and market risks associated with the agricul-
tural production of crops or livestock. 
(B) DESCRIPTION.—An individual or enti-
ty 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 cor-
poration, 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 coun-
ties that is planted or intended to be planted 
for harvest, for sale, or on-farm livestock feed-
ing (including native grassland intended for 
haying) by the eligible producer. 
(B) AQUACULTURE.—In the case of aqua-
culture, 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. 
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(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 propa-
gated and reared in a controlled environment. 
(4) LIVESTOCK.—The term ‘‘livestock’’ in-
cludes— 
(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 Cor-
poration to make livestock indemnity payments to el-
igible producers on farms that have incurred live-
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stock 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 pro-
tected 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, dis-
ease, 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 pay-
ments 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 
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for livestock forage disaster assistance for weather- 
related forage losses, as determined by the Sec-
retary, by combining— 
(A) the livestock forage assistance func-
tions of— 
(i) the noninsured crop disaster assist-
ance 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 live-
stock, honey bees, and farm-raised fish 
program under section 531(e) of the Fed-
eral 
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 In-
surance 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 pro-
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ducer 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 pro-
duction years immediately pre-
ceding 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 oper-
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ation 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 condi-
tions, including drought, flood, blizzard, hail, 
excessive moisture, hurricane, and fire, occur-
ring during the normal grazing period, as deter-
mined by the Secretary, if the forage— 
(i) is grown on land that is native or 
improved pastureland with permanent veg-
etative cover; or 
(ii) is a crop planted specifically for 
the purpose of providing grazing for cov-
ered livestock of an eligible livestock pro-
ducer. 
(D) ELIGIBLE LIVESTOCK PRODUCER.— 
(i) IN GENERAL.—The term ‘‘eligible 
livestock producer’’ means an eligible pro-
ducer on a farm that— 
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(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, in-
cluding cash-leased pastureland or 
grazing land that is physically located 
in a county affected by an eligible for-
age loss; 
(III) certifies the eligible forage 
loss; and 
(IV) meets all other eligibility re-
quirements established under this sub-
section. 
(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 an-
other person on a rate-of-gain basis. 
(E) NORMAL
CARRYING
CAPACITY.—The 
term ‘‘normal carrying capacity’’, with respect 
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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 for-
age 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 Cor-
poration to provide compensation under paragraphs 
(4) through (6), as determined by the Secretary for 
eligible forage losses affecting covered livestock of el-
igible 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 
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assistance under this paragraph for eligible 
forage losses that occur due to drought on 
land that— 
(I) 
is 
native 
or 
improved 
pastureland with permanent vegeta-
tive cover; or 
(II) is planted to a crop planted 
specifically for the purpose of pro-
viding grazing for covered livestock. 
(ii) EXCLUSIONS.—An eligible live-
stock 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 Se-
curity Act of 1985 (16 U.S.C. 3838n et 
seq.). 
(B) MONTHLY PAYMENT RATE.— 
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(i) IN GENERAL.—Except as provided 
in clause (ii), the payment rate for assist-
ance 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 de-
termined under subparagraph (C); or 
(II) the monthly feed cost cal-
culated 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 live-
stock 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.— 
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(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 deter-
mined 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 de-
termined by the Secretary that rep-
resents 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 ob-
tained by dividing— 
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(I) the higher of— 
(aa) the national average 
corn price per bushel for the 12- 
month period immediately pre-
ceding 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 pre-
ceding that March 1; by 
(II) 56. 
(D) 
NORMAL
GRAZING
PERIOD
AND 
DROUGHT MONITOR INTENSITY.— 
(i) FSA COUNTY COMMITTEE DETER-
MINATIONS.— 
(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 nor-
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mal 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 con-
secutive weeks during the normal 
grazing period for the county, as de-
termined by the Secretary, shall be el-
igible to receive assistance under this 
paragraph in an amount equal to 1 
monthly payment using the monthly 
payment rate determined under sub-
paragraph (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 
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the U.S. Drought Monitor as having 
at least a D3 (extreme drought) in-
tensity 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 para-
graph— 
(aa) in an amount equal to 
3 monthly payments using the 
monthly payment rate deter-
mined under subparagraph (B); 
(bb) if the county is rated as 
having a D3 (extreme drought) 
intensity in any area of the coun-
ty for at least 4 weeks during the 
normal grazing period for the 
county, or is rated as having a 
D4 (exceptional drought) inten-
sity in any area of the county at 
any time during the normal graz-
ing period, in an amount equal to 
4 monthly payments using the 
monthly payment rate deter-
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mined 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 pe-
riod, 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 experi-
enced on average, over the preceding 
calendar year, precipitation levels that 
are 50 percent or more below normal 
levels, according to sufficient docu-
mentation as determined by the Sec-
retary, may be eligible, subject to a 
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determination by the Secretary, to re-
ceive 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 pay-
ment 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 
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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 subpara-
graph (B), an eligible livestock producer of 
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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 vegeta-
tive cover; or 
(II) is planted to a crop planted 
specifically for the purpose of pro-
viding grazing for covered livestock. 
(ii) EXCLUSIONS.—An eligible live-
stock 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 Se-
curity Act of 1985 (16 U.S.C. 3838n et 
seq.). 
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(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-re-
lated 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 condi-
tions for assistance under this paragraph 
that are consistent with the terms and con-
ditions for assistance under this sub-
section. 
(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. 
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(8) DETERMINATIONS BY SECRETARY.—A de-
termination made by the Secretary under this sub-
section 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 eli-
gible 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 Sec-
retary, 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: 
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(A) ELIGIBLE
ORCHARDIST.—The term 
‘‘eligible orchardist’’ means a person that pro-
duces annual crops from trees for commercial 
purposes. 
(B) NATURAL DISASTER.—The term ‘‘nat-
ural disaster’’ means plant disease, insect infes-
tation, 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 pro-
duces nursery, ornamental, fruit, nut, or Christ-
mas 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 Sec-
retary shall use such sums as are necessary of 
the funds of the Commodity Credit Corporation 
to provide assistance— 
(i) under paragraph (3) to eligible or-
chardists and nursery tree growers that 
planted trees for commercial purposes but 
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lost the trees as a result of a natural dis-
aster, 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 dis-
aster, as determined by the Secretary. 
(B) LIMITATION.—An eligible orchardist 
or nursery tree grower shall qualify for assist-
ance 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 de-
scribed 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 ex-
cess of 15 percent mortality (adjusted for nor-
mal mortality); or 
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(ii) at the option of the Secretary, suffi-
cient seedlings to reestablish a stand; and 
(B) reimbursement of 50 percent of the 
cost of pruning, removal, and other costs in-
curred 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 Se-
curity Act of 1985 (7 U.S.C. 1308(a)). 
(B) AMOUNT.—The total amount of pay-
ments received, directly or indirectly, by a per-
son 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. 
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(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 Se-
curity Act of 1985 (7 U.S.C. 1308(a)). 
(B) AMOUNT.—The total amount of dis-
aster 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 Secu-
rity Act of 1985 (7 U.S.C. 1308) or any suc-
cessor provisions relating to direct attribution 
shall apply with respect to assistance provided 
under this section. 
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(2) PAYMENT DELIVERY.—The Secretary shall 
make payments under this section after October 1, 
2013, for losses incurred in the 2012 and 2013 fis-
cal years. 
SEC. 2. NONINSURED CROP ASSISTANCE PROGRAM. 
(a) IN GENERAL.—Section 196 of the Federal Agri-
culture Improvement and Reform Act of 1996 (7 U.S.C. 
7333) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) COVERAGES.—In the case of an eligi-
ble crop described in paragraph (2), the Sec-
retary of Agriculture shall operate a noninsured 
crop disaster assistance program to provide cov-
erages based on individual yields (other than 
for value-loss crops) equivalent to— 
‘‘(i) catastrophic risk protection avail-
able 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. 
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‘‘(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 insert-
ing ‘‘(including ornamental fish, but ex-
cluding tropical fish)’’; 
(2) in subsection (d), by striking ‘‘The Sec-
retary’’ and inserting ‘‘Subject to subsection (l), the 
Secretary’’; 
(3) in subsection (k)(1)— 
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(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 insert-
ing ‘‘$1,950’’; and 
(4) by adding at the end the following: 
‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL COV-
ERAGE.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
available to a producer eligible for noninsured assist-
ance under this section a payment equivalent to an 
indemnity for additional coverage under subsections 
(c) and (h) of section 508 of the Federal Crop In-
surance 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 in-
crements of 5 percent; 
‘‘(B) 100 percent of the average market 
price for the crop, as determined by the Sec-
retary; and 
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‘‘(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 pro-
duced with a significant and variable har-
vesting expense, the decreasing cost in-
curred 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 pro-
duced without a significant and variable 
harvesting expense, such rate as shall be 
determined by the Secretary. 
‘‘(2) PREMIUM.—To be eligible to receive a pay-
ment 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— 
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‘‘(i) the product obtained by multi-
plying— 
‘‘(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 SO-
CIALLY DISADVANTAGED FARMERS.—The additional 
coverage made available under this subsection shall 
be available to limited resource, beginning, and so-
cially disadvantaged producers, as determined by the 
Secretary, in exchange for a premium that is 50 per-
cent of the premium determined for a producer 
under paragraph (2). 
‘‘(4) ADDITIONAL AVAILABILITY.— 
‘‘(A) IN
GENERAL.—As soon as prac-
ticable, the Secretary shall make assistance 
available to producers of an otherwise eligible 
crop described in subsection (a)(2) that suffered 
losses— 
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‘‘(i) to a 2012 annual fruit crop 
grown on a bush or tree; and 
‘‘(ii) in a county covered by a declara-
tion 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 avail-
able under paragraph (1), less any fees not pre-
viously 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 Im-
provement and Reform Act of 1996 (7 U.S.C. 7333) 
shall be applied and administered as if the amend-
ments made by subsection (a) (other than the 
amendment made by subsection (a)(1)(B)(ii)) had 
not been enacted. 
Æ 
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