Public Law 113–79: To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2018, and for other purposes.

repealed

repealed

actual crop revenue

agriculture risk coverage

agriculture risk coverage guarantee

The term “”, with respect to a covered commodity on a farm, means the number of acres in effect under sections 1001 and 1301 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702, 8751), as adjusted pursuant to sections 1101, 1108, and 1302 of such Act (7 U.S.C. 8711, 8718, 8752), as in effect on September 30, 2013, subject to any reallocation, adjustment, or reduction under section 1112 of this Act.

The term “” includes any generic base acres planted to a covered commodity as determined in section 1114(b).

county coverage

covered commodity

effective price

extra long staple cotton

is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and

is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.

generic base acres

individual coverage

medium grain rice

other oilseed

payment acres

payment yield

means the yield used to make payments pursuant to section 1104 or 1304 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 8754), as in effect on September 30, 2013; or

means the yield established under section 1113 of this Act.

price loss coverage

The term “” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.

In determining whether a grower of hybrid seed is a producer, the Secretary shall—

pulse crop

reference price

For wheat, $5.50 per bushel.

For corn, $3.70 per bushel.

For grain sorghum, $3.95 per bushel.

For barley, $4.95 per bushel.

For oats, $2.40 per bushel.

For long grain rice, $14.00 per hundredweight.

For medium grain rice, $14.00 per hundredweight.

For soybeans, $8.40 per bushel.

For other oilseeds, $20.15 per hundredweight.

For peanuts, $535.00 per ton.

For dry peas, $11.00 per hundredweight.

For lentils, $19.97 per hundredweight.

For small chickpeas, $19.04 per hundredweight.128 STAT. 661

For large chickpeas, $21.54 per hundredweight.

Secretary

State

a State;

the District of Columbia;

the Commonwealth of Puerto Rico; and

any other territory or possession of the United States.

temperate japonica rice

the reallocation of base acres under section 1112;

the establishment of a reference price (as required under section 1116(g)) and an effective price pursuant to section 1116; and

the determination of the actual crop revenue and agriculture risk coverage guarantee pursuant to section 1117.

transitional yield

United States

United States Premium Factor

(A)

Notice of election opportunity.—

(B)

Content of notice.—

(B)

Reallocation formula.—

The election made under this subsection, or deemed to be made under paragraph (1)(C), with respect to a farm shall apply to all of the covered commodities on the farm.

Notwithstanding the election made under subsection (a), the Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm and any generic base acres for the farm whenever any of the following circumstances occur:

For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive price loss coverage or agriculture risk coverage with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both.

Notwithstanding the election made under subsection (a), if the sum of the base acres for a farm, including generic base acres, and the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities or generic base acres for the farm so that the sum of the base acres, including generic base acres, and the acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm.128 STAT. 664

For purposes of paragraph (1), the Secretary shall include the following:

The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity or generic base acres for the farm against which the reduction required by paragraph (1) will be made.

In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.

(A)

In general.—

In the case of designated oilseeds, the Secretary shall determine the average 128 STAT. 665 yield per planted acre for the designated oilseed on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed was zero.

(A)

In general.—

If the yield per planted acre for a crop of a designated oilseed for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1).

In the case of a covered commodity on a farm for which base acres have been established or that is planted on generic base acres, if no payment yield is otherwise established for the covered commodity on the farm, the Secretary shall establish an appropriate payment yield for the covered commodity on the farm under paragraph (2).

To establish an appropriate payment yield for a covered commodity on a farm as required by paragraph (1), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law.

At the sole discretion of the owner of a farm, the owner of a farm shall have a 1-time opportunity to update, on a covered commodity-by-covered-commodity basis, the payment yield that would otherwise be used in calculating any price loss coverage payment for each covered commodity on the farm for which the election is made.

The election under paragraph (1) shall be made at a time and manner to be in effect beginning with the 2014 crop year as determined by the Secretary.

If the owner of a farm elects to update yields under this subsection, the payment yield for a covered commodity on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to 90 percent of the average of the yield per planted acre 128 STAT. 666 for the crop of the covered commodity on the farm for the 2008 through 2012 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the crop of the covered commodity was zero.

If the yield per planted acre for a crop of the covered commodity for a farm for any of the 2008 through 2012 crop years was less than 75 percent of the average of the 2008 through 2012 county yield for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the average of the 2008 through 2012 county yield for the purposes of determining the average yield under paragraph (3).

For the purpose of price loss coverage and agriculture risk coverage when county coverage has been selected under section 1115(b)(1), but subject to subsection (e), the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm.

In the case of agriculture risk coverage when individual coverage has been selected under section 1115(b)(2), but subject to subsection (e), the payment acres for a farm shall be equal to 65 percent of the base acres for all of the covered commodities on the farm.

In the case of generic base acres, price loss coverage payments and agriculture risk coverage payments are made only with respect to generic base acres planted to a covered commodity for the crop year.

With respect to a farm containing generic base acres, for the purpose of applying paragraphs (1)(B) and (2)(B) of subsection (a), generic base acres on the farm are attributed to a covered commodity in the following manner:

(B)

When generic base acres are planted to a covered commodity or acreage planted to a covered commodity is attributed to generic base acres, the generic base acres are in addition to other base acres on the farm.

Notwithstanding any other provision of this title, a producer on a farm may not receive price loss coverage payments or agriculture risk coverage payments if the sum of the base acres on the farm is 10 acres or less, as determined by the Secretary.

Paragraph (1) does not apply to a producer that is—

In the manner provided in this subsection, payment acres on a farm shall be reduced in any crop year in which fruits, vegetables (other than mung beans and pulse crops), or wild rice have been planted on base acres on a farm.

In the case of price loss coverage payments and agricultural risk coverage payments using county coverage, the reduction under paragraph (1) shall be the amount equal to the base acres planted to crops referred to in such paragraph in excess of 15 percent of base acres.

In the case of agricultural risk coverage payments using individual coverage, the reduction under paragraph (1) shall be the amount equal to the base acres planted to crops referred to in such paragraph in excess of 35 percent of base acres.

No reduction to payment acres shall be made under this subsection if—

price loss coverage under section 1116 on a covered commodity-by-covered-commodity basis; or

agriculture risk coverage under section 1117.

county coverage applicable on a covered commodity-by-covered-commodity basis; or

individual coverage applicable to all of the covered commodities on the farm.

the Secretary shall not make any payments with respect to the farm for the 2014 crop year under section 1116 or 1117; and

the producers on the farm shall be deemed to have elected price loss coverage under section 1116 for all covered commodities on the farm for the 2015 through 2018 crop years.

in which the producer has an interest; and

for which individual coverage has been selected.

the effective price for the covered commodity for the crop year; is less than

the reference price for the covered commodity for the crop year.

the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or128 STAT. 669

the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subtitle B.

the reference price for the covered commodity; and

the effective price determined under subsection (b) for the covered commodity.

the payment rate for the covered commodity under subsection (c);

the payment yield for the covered commodity; and

the payment acres for the covered commodity.

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.

In the case of county coverage, the amount of the actual crop revenue for a county for a crop year of a covered commodity shall be equal to the product obtained by multiplying—

(B)

In the case of individual coverage, the amount of the actual crop revenue for a producer on a farm for a crop year shall be based on the producer’s share of all covered commodities planted on all farms for which individual coverage has been selected and in which the producer has an interest, to be determined by the Secretary as follows:

(A)

The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 86 percent of the benchmark revenue.

In the case of county coverage, the benchmark revenue shall be the product obtained by multiplying—

In the case of individual coverage, the benchmark revenue for a producer on a farm for a crop year shall be based on the producer’s share of all covered commodities planted on all farms for which individual coverage has been selected and in which the producer has an interest, to be determined by the Secretary as follows:

(A)

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.

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).

the amount that—

10 percent of the benchmark revenue for the crop year applicable under subsection (c).

the payment rate determined under subsection (d); and

the payment acres determined under section 1114.

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;

to the maximum extent practicable, 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 128 STAT. 672 the farm has planted acreage in a quantity that is insufficient to calculate a representative average yield for the farm; and

in the case of county coverage, assign an actual or benchmark county yield for each planted acre for the crop year for the covered commodity on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if—

Before the producers on a farm may receive payments under this subtitle with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments—

The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1).

At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary.

If a producer entitled to a payment under this subtitle dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment in accordance with rules issued by the Secretary.128 STAT. 673

in which the producer has an interest; and

for which individual coverage has been selected.

It is the purpose of this section to provide transition assistance to producers of upland cotton in light of the repeal of section 1103 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713), the inapplicability of sections 1116 and 1117 to upland cotton, and the delayed implementation of the Stacked Income Protection Plan required by section 508B of the Federal Crop Insurance Act (7 U.S.C. 1508b), as added by section 11017 of this Act.

For the 2014 crop of upland cotton, the Secretary shall provide transition assistance, pursuant to the terms and conditions of this section, to producers on a farm for which cotton base acres were in existence for the 2013 crop year.

For the 2015 crop of upland cotton, the Secretary shall provide transition assistance, pursuant to the terms and conditions of this section, to producers on a farm—

the June 12, 2013, midpoint estimate for the marketing year average price of upland cotton received by producers for the marketing year beginning August 1, 2013, minus the December 10, 2013, midpoint estimate for the marketing year average price of upland cotton received by producers for the 128 STAT. 674 marketing year beginning August 1, 2013, as contained in the applicable World Agricultural Supply and Demand Estimates report published by the Department of Agriculture; and

the national program yield for upland cotton of 597 pounds per acre.

for the 2014 crop year, 60 percent, and for the 2015 crop year, 36.5 percent, of the cotton base acres referred to in subsection (a) for the farm, subject to adjustment or reduction for conservation measures as provided in subsections (b) and (c) of section 1112;

the transition assistance rate in effect for the crop year under subsection (b); and

the payment yield for upland cotton for the farm established for purposes of section 1103(c)(3) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713(c)(3)), divided by the national program yield for upland cotton of 597 pounds per acre.

a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or

the Farm Service Agency.

to provide the storage on a nondiscriminatory basis; and

to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section.

To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary.

The Secretary shall—

Sunflower seed.

Rapeseed.

Canola.

Safflower.

Flaxseed.

Mustard seed.

Crambe.

Sesame seed.

Other oilseeds designated by the Secretary.

is calculated based on average market prices for the loan commodity during the preceding 30-day period; and

will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or

minimize potential loan forfeitures;

minimize the accumulation of stocks of the commodity by the Federal Government;

minimize the cost incurred by the Federal Government in storing the commodity;

allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and

minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries.

shall be adjusted to United States quality and location, with the adjustment to include—

may be further adjusted, during the period beginning on the date of enactment of this Act and ending on July 31, 2019, if the Secretary determines the adjustment is necessary—

(iv)

minimize potential loan forfeitures;

minimize the accumulation of stocks of peanuts by the Federal Government;

minimize the cost incurred by the Federal Government in storing peanuts; and

allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally.

Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 1201.

Effective for each of the 2014 through 2018 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.

the loan rate established under section 1202 for the loan commodity; exceeds128 STAT. 680

the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204.

the loan rate established under section 1202 for ungraded wool; exceeds

the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204.

the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceeds

the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204.

the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; by

the payment quantity determined by multiplying—

(ii)

the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by

the payment quantity determined by multiplying—

(ii)

The Secretary shall establish an availability period for the payments authorized by this section.

In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle.

special import quota

The President shall carry out an import quota program beginning on August 1, 2014, as provided in this subsection.

Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1³⁄₃₂-inch cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota.

section 213(d) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));

section 204 of the Andean Trade Preference Act (19 U.S.C. 3203);

section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)); and

General Note 3(a)(iv) to the Harmonized Tariff Schedule.

The term “” means—

(ii)

The term “” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.

The term “” means, using the latest official data of the Department of Agriculture—

The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary.

If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.

The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—

When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.

liable for the repayment of the assistance to the Secretary, plus interest, as determined by the Secretary; and

ineligible to receive assistance under this subsection for a period of 1 year following the determination of the Secretary.

high moisture state

normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state;

present—

certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and 128 STAT. 686 that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and

comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary.

the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by

the lower of—

the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;

adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and

such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3).

In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry.

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection.

is amended

by “and” at the end of paragraph (3);

in paragraph (4), by “the 2011 crop year; and” and “each of the 2011 through 2018 crop years.”; and

by paragraph (5).

is amended

striking

inserting

is amended

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inserting

is amended

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inserting

is amended

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inserting

actual dairy production margin

all-milk price

average feed cost

The product determined by multiplying 1.0728 by the price of corn per bushel.

The product determined by multiplying 0.00735 by the price of soybean meal per ton.

The product determined by multiplying 0.0137 by the price of alfalfa hay per ton.

consecutive 2-month period

The term “” means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer—

The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation.128 STAT. 689

margin protection program

margin protection program payment

participating dairy operation

production history

Secretary

United States

The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary.

The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary.

The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary.

For use in the margin protection program, the Secretary shall calculate the actual dairy production margin for each consecutive 2-month period by subtracting—

The calculation required by this subsection shall be made as soon as practicable using the full-month price of the applicable reference month.

The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in the margin protection program.

If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of participating in the margin protection program.

If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to participate in the margin protection program.

Each participating dairy operation shall—

The administrative fee for a participating dairy operation shall be $100.

The Secretary shall use administrative fees collected under this subsection to cover administrative costs incurred to carry out the margin protection program.

Except as provided in subsection (b), when a dairy operation first registers to participate in the margin protection program, the production history of the dairy operation for the margin protection program is equal to the highest annual milk marketings of the participating dairy operation during any one of the 2011, 2012, or 2013 calendar years.

In subsequent years, the Secretary shall adjust the production history of a participating dairy operation determined under paragraph (1) to reflect any increase in the national average milk production.

The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount.

An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary.

a coverage level threshold that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00; and

a percentage of coverage, in 5-percent increments, beginning with 25 percent and not exceeding 90 percent of the production history of the participating dairy operation.

The Secretary shall calculate the amount by which the coverage level threshold selected by the participating dairy operation exceeds the average actual dairy production margin for the consecutive 2-month period.

The amount determined under paragraph (1) shall be multiplied by—

the coverage percentage elected by the participating dairy operation under section 1406(a)(2);

the production history of the participating dairy operation; and

the premium per hundredweight of milk imposed by this section for the coverage level selected.

For the first 4,000,000 pounds of milk marketings included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2).

Except as provided in paragraph (3), the following annual premiums apply:

The premium per hundredweight specified in the table contained in paragraph (2) for each coverage level (except the $8.00 coverage level) shall be reduced by 25 percent for each of calendar years 2014 and 2015.

For milk marketings in excess of 4,000,000 pounds included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2).

The following annual premiums apply:

In the case of a participating dairy operation that first registers to participate in the margin protection program for a calendar year after the start of the calendar year, the participating dairy operation shall pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the participating dairy operation purchases the coverage.

A participating dairy operation in the margin protection program for a calendar year shall be legally obligated to pay the applicable premium for that calendar year, except that the Secretary may waive that obligation, under terms and conditions determined by the Secretary, for any participating dairy operation in the case of death, retirement, permanent dissolution of a participating dairy operation, or other circumstances as the Secretary considers appropriate to ensure the integrity of the program.

remains legally obligated to pay the administrative fee or premiums, as the case may be; and

may not receive margin protection payments until the fees or premiums are fully paid.

is amended

adding

is amended

in subsection (a), by at the end the following new paragraph:;

in subsection (c)(3)—

in subsection (d)—

in subsection (e)(2)(A)—

in subsection (g), by “during the period beginning on the date that is 90 days after the date of enactment of this Act and ending on September 30, 2013” and “until the termination date”; and

in subsection (h)(1), by “September 30, 2013” and “the termination date”.128 STAT. 695

Effective on the termination date, section 1506 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) is .

In paragraph (1), the term “” means the earlier of the following:

repealed

is amended

by subparagraph (D); and

by subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively.

striking

inserting

striking

inserting

addressing low operating margins experienced by participating dairy operations; and

providing nutrition assistance to individuals in low-income groups.128 STAT. 696

Whenever the dairy product donation program is in effect under subsection (b), the Secretary shall immediately purchase dairy products, at prevailing market prices, until such time as one of the termination conditions specified in subsection (d)(1) is met.

To determine the types and quantities of dairy products to purchase under the dairy product donation program, the Secretary shall consult with public and private nonprofit organizations organized to feed low-income populations

The Secretary shall cease activities under the dairy product donation program, and shall not reinitiate activities under the program until the condition specified in subsection (b) is again met, whenever any one of the following occurs:

(C)

(D)

For purposes of this subsection, the Secretary shall determine the price in the United States for cheddar cheese and non-fat dry milk and the world price of cheddar cheese and skim milk powder.

The Secretary of Agriculture shall distribute, but not store, the dairy products purchased under the dairy product donation program in a manner that encourages the domestic consumption of such dairy products by 128 STAT. 697 diverting them to persons in low-income groups, as determined by the Secretary.

The Secretary shall utilize the services of public and private nonprofit organizations for the distribution of dairy products purchased under the dairy product donation program. A public or private nonprofit organization that receives dairy products may transfer the products to another public or private nonprofit organization that agrees to use the dairy products to provide, without cost or waste, nutrition assistance to individuals in low-income groups.

The term “” means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock.

An individual or entity referred to in subparagraph (A) is—

farm-raised fish

livestock

cattle (including dairy cattle);

bison;

poultry;

sheep;

swine;

horses; and

other livestock, as determined by the Secretary.

Secretary

attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves and avian predators; or

adverse weather, as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold.

(i)

In general.—

The term “” means a system for classifying drought severity according to a range of abnormally dry to exceptional drought, as defined by the Secretary.

(i)

In general.—

The term “”, with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph (3)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of a drought or fire that diminishes the production of the grazing land or pastureland.

The term “”, with respect to a county, means the normal grazing period during the calendar year for the county, as determined under paragraph (3)(D)(i).

a drought condition, as described in paragraph (3); or

fire, as described in paragraph (4).

(i)

In general.—

(i)

In general.—

(i)

In general.—

(ii)

Feed grain equivalent.—

(iii)

Corn price per pound.—

(i)

FSA county committee determinations.—

(ii)

Drought intensity.—

An eligible livestock producer may receive assistance under this paragraph only if—

The payment rate for assistance under this paragraph shall be equal to 50 percent of the 128 STAT. 702 monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (3)(C).

(i)

In general.—

The term “” means a person that produces annual crops from trees for commercial purposes.

The term “” means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary.

The term “” means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary.

The term “” includes a tree, bush, and vine.

Subject to subparagraph (B), for fiscal year 2012 and each succeeding fiscal year, the Secretary shall 128 STAT. 703 use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance—

An eligible orchardist or nursery tree grower shall qualify for assistance 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).

reimbursement of 50 percent of the cost of pruning, removal, and other costs incurred 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).

In this paragraph, the terms “legal entity” and “person” have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)).

The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $125,000 for any crop year, or an equivalent value in tree seedlings.

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.

the notice and comment provisions of section 553 of title 5, United States Code;

chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”); and

the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking.

is amended

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in paragraph (5)(A), by “or title XII” and “, title I of the Agricultural Act of 2014, or title XII”; and

in paragraph (6)(A), by “or title XII” and “, title I of the Agricultural Act of 2014, or title XII”.

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significant contribution of active personal management

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by “subparagraph (A) or (B) of”; and

by “, the average adjusted gross farm income, and the average adjusted gross nonfarm income”;

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in paragraph (1), by “, average adjusted gross farm income, and average adjusted gross nonfarm income” both places it appears; and

in paragraph (2), by “paragraphs (1)(C) and (2)(B) of subsection (b)” and “subsection (b)(2)”; and

by “paragraphs (1)(C) and (2)(B) of subsection (b)” and “subsection (b)(2)”; and

by “, average adjusted gross farm income, or average adjusted gross nonfarm income”.

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“(c)

Direction, Control, and Support.—

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relied on the prior approval by the Secretary of the documents in good faith; and

substantively complied with all program requirements.128 STAT. 711

a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department; and

upon the request of the producer (or agent thereof) the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, and other information of the producer;

If, by September 30, 2014, the Secretary notifies the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that the Farm Service Agency has made substantial progress toward implementing the requirements of subsection (b)(1), the Secretary shall make available to the Farm Service Agency to carry out this title $10,000,000 on October 1, 2014. The amount made available under this subparagraph is in addition to the amount made available under paragraph (1).

If, by September 30, 2015, the Secretary notifies the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that the requirements of subsection (b)(1) have been fully implemented and those Committees provide written concurrence to the Secretary, the Secretary shall make available to the Farm Service Agency to carry out this title $10,000,000 on the date the written concurrence is provided or October 1, 2015, whichever is later. The amount made available under this subparagraph is in addition to the amount made available under paragraph (1) and any amount made available under subparagraph (A).

Of the funds made available under paragraph (1), the Secretary shall provide $3,000,000 to State extension services for the purpose of educating farmers and ranchers on the options made available under subtitles A, D, and E of this title and under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).

(ii)

Deadlines.—

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“(d)

Enrollment.—

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“(b)

Conservation Plans.—

“(a)

Cost-Share and Rental Payments.—

“(b)

Specified Activities Permitted.—

“(c)

Authorized Activities on Grasslands.—

“(d)

Resource Conserving Use.—

in the heading, by “Federal Percentage of”; and

in paragraph (3)(B)—

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in subparagraph (A), by “conduct an annual survey” and “, not less frequently than once every other year, conduct a survey”;

in subparagraph (B), by “annual”; and

by at the end the following:.

“(e)

Payment Schedule.—

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by “The Secretary” and “During fiscal year 2015, the Secretary”; and

by “before January 1, 1995,”;

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in the matter preceding subparagraph (A), by “Duties” and all that follows through “a beginning farmer or rancher or” and “Transition to covered farmer or rancher.—In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a retired farmer or rancher to a beginning farmer or rancher, a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))), or a”;

in subparagraph (A)(i), by “, including preparing to plant an agricultural crop” after “improvements”;

in subparagraph (D), by “the farmer or rancher” and “the covered farmer or rancher”; and

in subparagraph (E), by “section 1001A(b)(3)(B)” and “section 1001”; and

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“(g)

Final Year of Contract.—

“Subchapter B—

Conservation Stewardship Program

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in subparagraph (A), in the matter preceding clause (i), by “, a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))),” before “or a beginning farmer or rancher”; and

by subparagraph (B) and the following new subparagraph:;

“(f)

Allocation of Funding.—

“(g)

Wildlife Habitat Incentive Program.—

  “A person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this chapter that, in aggregate, exceed $450,000 for all contracts entered into under this chapter by the person or legal entity during the period of fiscal 128 STAT. 731 years 2014 through 2018, regardless of the number of contracts entered into under this chapter by the person or legal entity.”

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“(c)

Reporting.—

“Subtitle H—

Agricultural Conservation Easement Program