Federal · Title 7 — Agriculture
7 U.S.C. § 9017: Agriculture risk coverage
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the actual crop revenue determined under subsection (b) for the crop year; is less than the agriculture risk coverage guarantee determined under subsection (c) for the crop year. the actual average county yield per planted acre for the covered commodity, as determined by the Secretary; and the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subchapter II. the total production of the covered commodity on such farms, as determined by the Secretary; and the national average market price received by producers during the 12-month marketing year, as determined by the Secretary; or the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subchapter II. The sum of the amounts determined under subparagraph (A) for all covered commodities on such farms. The quotient obtained by dividing the amount determined under subparagraph (B) by the total planted acres of all covered commodities on such farms. The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 86 percent of the benchmark revenue for each of the 2014 through 2024 crop years and 90 percent of the benchmark revenue for each of the 2025 through 2031 crop years. subject to paragraphs (4) and (5), the average historical county yield as determined by the Secretary for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and subject to paragraph (6), the national average market price received by producers during the 12-month marketing year for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices. subject to paragraph (4), the yield per planted acre for the covered commodity on such farms, as determined by the Secretary; by subject to paragraph (6), the national average market price received by producers during the 12-month marketing year. For each covered commodity, the average of the revenues determined under subparagraph (A) for the most recent 5 crop years, excluding each of the crop years with the highest and lowest revenues. For each of the 2014 through 2031 crop years, the sum of the amounts determined under subparagraph (B) for all covered commodities on such farms, but adjusted to reflect the ratio between the total number of acres planted on such farms to a covered commodity and the total acres of all covered commodities planted on such farms. Effective for the 2014 through 2018 crop years, if the yield per planted acre for the covered commodity or historical county yield per planted acre for the covered commodity for any of the 5 most recent crop years, as determined by the Secretary, is less than 70 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph (2)(A) or (3)(A)(i) shall be 70 percent of the transitional yield. Effective for the 2019 through 2031 crop years, if the yield per planted acre for the covered commodity or historical county yield per planted acre for the covered commodity for any of the 5 most recent crop years, as determined by the Secretary, is less than 80 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph (2)(A) or (3)(A)(i) shall be 80 percent of the transitional yield. The Secretary shall calculate and use a trend-adjusted yield factor to adjust the yield determined under paragraph (2)(A) and subsection (b)(1)(A), taking into consideration, but not exceeding, the trend-adjusted yield factor that is used to increase yield history under the endorsement under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) for that crop and county. For the 2014 through 2018 crop years, if the national average market price received by producers during the 12-month marketing year for any of the 5 most recent crop years is lower than the reference price for the covered commodity, the Secretary shall use the reference price for any of those years for the amounts in paragraph (2)(B) or (3)(A)(ii). For the 2019 through 2031 crop years, if the national average market price received by producers during the 12-month marketing year for any of the 5 most recent crop years is lower than the effective reference price for the covered commodity, the Secretary shall use the effective reference price for any of those years for the amounts in paragraph (2)(B) or (3)(A)(ii). the agriculture risk coverage guarantee for the crop year applicable under subsection (c); exceeds the actual crop revenue for the crop year applicable under subsection (b); or for each of the 2014 through 2024 crop years, 10 percent of the benchmark revenue for the crop year applicable under subsection (c); and for each of the 2025 through 2031 crop years, 12 percent of the benchmark revenue for the crop year applicable under subsection (c). Not later than 30 days after the end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate determined under paragraph (1) for each county. the payment rate determined under subsection (d); and the payment acres determined under section 9014 of this title . If the Secretary determines that agriculture risk coverage payments are required to be provided for the covered commodity, payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity. to the maximum extent practicable, use all available information and analysis, including data mining, to check for anomalies in the determination of agriculture risk coverage payments; calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities; in the case of individual coverage, assign an average yield for a farm on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if the Secretary determines that the farm has planted acreage in a quantity that is insufficient to calculate a representative average yield for the farm; the Secretary cannot establish the actual or benchmark county yield for each planted acre for a crop year for a covered commodity in the county in accordance with subsection (b)(1) or (c)(2); or the yield determined under subsection (b)(1) or (c)(2) is an unrepresentative average yield for the county, as determined by the Secretary; and for a county for which county data collected by the Risk Management Agency are sufficient for the Secretary to offer a county-wide insurance product, using the actual average county yield determined by the Risk Management Agency; or other sources of yield information, as determined by the Secretary; or the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary. the agriculture risk coverage guarantee for county coverage determined under subsection (c)(1); the average historical county yield determined under subsection (c)(2)(A); and the national average market price determined under subsection (c)(2)(B). Except as provided in clauses (ii) and (iii), not later than 30 days after the end of each applicable 12-month marketing year, the Secretary shall publish the information described in subparagraph (A). the agriculture risk coverage guarantee under subparagraph (A)(i); and the national average market price under subparagraph (A)(iii). Not later than 60 days after December 20, 2018 , the Secretary shall publish the information described in clauses (i) and (ii) of subparagraph (A) for the 2018 crop year. As soon as practicable after each crop year, the Secretary shall determine and publish each actual average county yield for each covered commodity, as determined under subsection (b)(1)(A). by county; and nationally; and the number and outcome of occurrences in which the Farm Service Agency reviewed, changed, or determined not to change a source of data used to calculate county yields under subsection (c)(2)(A). For purposes of agriculture risk coverage payments in the case of county coverage, a county may be divided into not greater than 2 administrative units in accordance with this subsection. is larger than 1,400 square miles; and contains more than 190,000 base acres. Before making any agriculture risk coverage payments for the 2019 crop year, the Farm Service Agency State committee, in consultation with the Farm Service Agency county or area committee of a county described in paragraph (2), may make a 1-time election to divide the county into administrative units under this subsection along a boundary that better reflects differences in weather patterns, soil types, or other factors. limit the number of counties that may be divided into administrative units under paragraph (3) to 25 counties; and give preference to the division of counties that have greater variation in climate, soils, and expected productivity between the proposed administrative units. For purposes of providing agriculture risk coverage payments in the case of county coverage, the Secretary shall consider an administrative unit elected under paragraph (3) to be a county for the 2019 through 2031 crop years.
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