7 U.S.C. § 9097 | Implementation

(a)

Maintenance of base acres and payment yields

September 30, 2013The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on , and as adjusted pursuant to sections 9012 and 9013 of this title.

(b)

Streamlining

1 See References in Text note below.

In implementing this chapter and the amendments made by this title, the Secretary shall—

(1)

continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—

(A)

a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—

(i)

establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and

(ii)

ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;

(B)

on the request of a producer (or an agent of a producer), 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, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;

(C)

September 30, 2020 not later than , the Administrator of the Risk Management Agency and the Administrator of the Farm Service Agency shall implement a consistent method for determining crop acreage, acreage yields, farm acreage, property descriptions, and other common informational requirements, including measures of common land units;

(D)

7 U.S.C. 1501 except in the case of misrepresentation, fraud, or scheme and device, no crop insurance agent, approved insurance provider, or employee or contractor of a crop insurance agency or approved insurance provider bears responsibility or liability under the Acreage Crop Reporting and Streamlining Initiative (or any successor or similar initiative) for the eligibility of a producer for a program administered by the Department of Agriculture, not including a policy or plan of insurance offered under the Federal Crop Insurance Act ( et seq.); and

(E)

7 U.S.C. 1501 on request of a crop insurance agent or approved insurance provider required to deliver policies and plans of insurance under the Federal Crop Insurance Act ( et seq.) the crop insurance agent or approved insurance provider receives, in a timely manner, any information held by the Farm Service Agency that is necessary to ensure effective crop insurance coverage for farmer customers;

(2)

continue to improve coordination, information sharing, and administrative work among the Farm Service Agency, Risk Management Agency, Natural Resources Conservation Service, and other agencies, as determined by the Secretary;

(3)

continue to take advantage of new technologies to enhance the efficiency and effectiveness of the delivery of Department of Agriculture programs to producers, including by developing and making publicly available data standards and security procedures to allow third-party providers to develop applications that use or feed data (including geospatial and precision agriculture data) into the datasets and analyses of the Department of Agriculture; and

(4)

reduce administrative burdens on producers participating in price loss coverage or agriculture risk coverage by offering—

(A)

those producers an option to remotely and electronically sign annual contracts for that coverage; and

(B)

to the maximum extent practicable, an option to sign a multiyear contract for that coverage.

(c)

Implementation

(1)

In general

The Secretary shall make available to the Farm Service Agency to carry out this chapter $100,000,000.

(2)

Additional funds

(A)

Initial determination

September 30, 2014October 1, 2014If, by , 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 chapter $10,000,000 on . The amount made available under this subparagraph is in addition to the amount made available under paragraph (1).

(B)

Subsequent determination

September 30, 2015October 1, 2015If, by , 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 chapter $10,000,000 on the date the written concurrence is provided or , 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).

(3)

Producer education

(A)

In general

section 7333 of this titleOf 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 subchapters I, III, and IV of this chapter and under .

(B)

Web-based decision aids

(i)

Use of qualified universities

Of the funds made available under paragraph (1), the Secretary shall use $3,000,000 to support qualified universities (or university-based organizations) that represent a diversity of regions and commodities (including dairy), possess expertise regarding the programs authorized by this Act, have a history in the development of decision aids and producer outreach initiatives regarding farm risk management programs, and are able to meet the deadline established pursuant to clause (ii) to develop web-based decision aids to assist producers in understanding available options described in subparagraph (A) and to train producers to use these decision aids.

(ii)

Deadlines

To the maximum extent practicable, the Secretary shall—

(I)

February 7, 2014 obligate the funds made available under clause (i) within 30 days after ; and

(II)

require the products described in clause (i) to be made available to producers on the internet within a reasonable period of time, as determined by the Secretary, after the implementation of the first rule implementing programs required under subchapter I of this chapter.

(4)

Agriculture Improvement Act of 2018

The Secretary shall make available to the Farm Service Agency to carry out title I of the Agriculture Improvement Act of 2018 and the amendments made by that title $15,500,000.

(5)

Further funding

The Secretary shall make available to carry out subtitle C of title I of the Act entitled “An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14” (119th Congress) and the amendments made by that subtitle $50,000,000, to remain available until expended, of which—

(A)

not less than $5,000,000 shall be used to carry out paragraphs (3) and (4) of subsection (b);

(B)

$3,000,000 shall be used for activities described in paragraph (3)(A);

(C)

$3,000,000 shall be used for activities described in paragraph (3)(B);

(D)

$9,000,000 shall be used—

(i)

section 1637b of this title to carry out mandatory surveys of dairy production cost and product yield information to be reported by manufacturers required to report under , for all products processed in the same facility or facilities; and

(ii)

to publish the results of such surveys biennially; and

(E)

$1,000,000 shall be used to conduct the study under subsection (d) of 1359kk of this title.

(d)

Loan implementation

(1)

In general

2 So in original. Probably should be followed by “to”.

section 901(a) of title 2¹In any crop year in which an order is issued pursuant  , the Secretary shall use such sums as necessary of the funds of the Commodity Credit Corporation for such crop year to fully restore the support, loan, or assistance that is otherwise required under subtitle B or C, under the amendments made by subtitle B or C, or under the amendments made by subtitle B or C of the Agriculture Improvement Act of 2018, except with respect to the assistance provided under sections 9037(c) and 9038 of this title.

(2)

Repayment

3 So in original. Probably should be “subtitle”.

3In carrying out this subsection, the Secretary shall ensure that when a producer repays a loan at a rate equal to the loan rate plus interest in accordance with the repayment provisions of subtitles  B or C that the repayment amount shall include the portion of the loan amount provided under paragraph (1), except that this paragraph shall not affect or reduce marketing loan gains, loan deficiency payments, or forfeiture benefits provided for under subtitles  B or C and as supplemented in accordance with paragraph (1).

(e)

Deobligation of unliquidated obligations

(1)

In general

December 20, 2018Subject to paragraph (3), any payment obligated or otherwise made available by the Secretary under this chapter on or after , that is not disbursed to the recipient by the date that is 5 years after the date on which the payment is obligated or otherwise made available shall—

(A)

be deobligated; and

(B)

revert to the Treasury.

(2)

Outstanding payments

(A)

In general

December 20, 2018Subject to paragraph (3), any payment obligated or otherwise made available by the Farm Service Agency (or any predecessor agency of the Department of Agriculture) under the laws described in subparagraph (B) before , that is not disbursed by the date that is 5 years after the date on which the payment is obligated or otherwise made available shall—

(i)

be deobligated; and

(ii)

revert to the Treasury.

(B)

Laws described

The laws referred to in subparagraph (A) are any of the following:

(i)

This chapter.

(ii)

7 U.S.C. 8702 Title I of the Food, Conservation, and Energy Act of 2008 ( et seq.).

(iii)

7 U.S.C. 7901 Title I of the Farm Security and Rural Investment Act of 2002 ( et seq.).

(iv)

7 U.S.C. 7201 The Agricultural Market Transition Act ( et seq.).

(v)

Public Law 101–624 104 Stat. 3374 Titles I through XI of the Food, Agriculture, Conservation, and Trade Act of 1990 (; ) and the amendments made by those titles.

(vi)

Public Law 99–198 99 Stat. 1362 Titles I through X of the Food Security Act of 1985 (; ) and the amendments made by those titles.

(vii)

Public Law 97–98 95 Stat. 1218 Titles I through XI of the Agriculture and Food Act of 1981 (; ) and the amendments made by those titles.

(viii)

Public Law 95–113 91 Stat. 917 Titles I through X of the Food and Agriculture Act of 1977 (; ) and the amendments made by those titles.

(3)

Waiver

The Secretary may delay the date of the deobligation and reversion under paragraph (1) or (2) of any payment—

(A)

that is the subject of—

(i)

ongoing administrative review or appeal;

(ii)

litigation; or

(iii)

the settlement of an estate; or

(B)

for which the Secretary otherwise determines that the circumstances are such that the delay is equitable.

(f)

Report

January 1, 2020January 1, 2023section 7333(a)(4)(B) of this titleo7 U.S.C. 1508oNot later than , and each January 1 thereafter through , the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that was subject to a reduction in benefits under and section 508()(2) of the Federal Crop Insurance Act (()(2))—

(1)

as of the date of submission of the report; and

(2)

by State and county, relative to the total acres of cropland in the State or county.

Pub. L. 113–79, title I, § 1614Feb. 7, 2014128 Stat. 711 Pub. L. 115–334, title I, § 1706Dec. 20, 2018132 Stat. 4527 Pub. L. 119–21, title I, § 10314July 4, 2025139 Stat. 100(, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 113–79Feb. 7, 2014128 Stat. 658This chapter, referred to in subsecs. (b), (c), and (e), was in the original “this title”, meaning title I of , , , which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.

Pub. L. 113–79Feb. 7, 2014128 Stat. 658The amendments made by this title, referred to in subsec. (b), mean the amendments made by title I of , , . For complete classification of title I to the Code, see Tables.

act Feb. 16, 1938, ch. 30 52 Stat. 72 section 1501 of this titleThe Federal Crop Insurance Act, referred to in subsec. (b)(1)(D), (E), is subtitle A of title V of , , which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see and Tables.

Pub. L. 113–79Feb. 7, 2014128 Stat. 658Subchapter I of this chapter, referred to in subsec. (c)(3)(A), (B)(ii)(II), was in the original a reference to subtitle A of this title, meaning subtitle A (§ 1101 et seq.) of title I of , , , which is classified principally to subchapter I (§ 9011 et seq.) of this chapter. For complete classification of subtitle A to the Code, see Tables.

Pub. L. 113–79Feb. 7, 2014128 Stat. 649 section 9001 of this titleThis Act, referred to in subsec. (c)(3)(B)(i), is , , , known as the Agricultural Act of 2014. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 115–334Dec. 20, 2018132 Stat. 4490 section 9071 of this titlellsection 6101 of Title 31 section 9001 of this titleThe Agriculture Improvement Act of 2018, referred to in subsec. (c)(4), is , , . Title I of the Act enacted , amended this section and sections 608c, 1308, 1308–3a, 1359bb, 1359, 4504, 4553, 7272, 7333, 8737, 8772, 9011 to 9017, 9031, 9032, 9034 to 9039, 9051 to 9060, 9081, 9091, and 9092 of this title, repealed sections 9019 and 9071 of this title, and enacted provisions set out as notes under sections 608c, 1308, 1308–3a, 6932, 9051, 9052, and 9081 of this title and , Money and Finance. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under and Tables.

Pub. L. 119–21July 4, 2025139 Stat. 86llSubtitle C of title I of the Act entitled “An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14” and the amendments made by that subtitle, referred to in subsec. (c)(5), is subtitle C (§ 10301 et seq.) of title I of , , , which amended sections 1308 to 1308–2, 1308–3a, 1359bb, 1359cc, 1359ee, 1359kk, 1359, 1508, 7272, 7287, 9011, 9012, 9015 to 9017, 9031, 9032, 9034 to 9039, 9051, 9055 to 9057, 9059, and 9097 of this title. For complete classification of subtitle C to the Code, see Tables.

Pub. L. 113–79Feb. 7, 2014128 Stat. 674llSubtitles B and C, referred to in subsec. (d), are subtitles B (§ 1201 et seq.) and C (§ 1301) of title I of , , , 687. Subtitle B of title I is classified generally to subchapter II (§ 9031 et seq.) of this chapter. Subtitle C of title I amended sections 1359bb, 1359, and 7272 of this title. For complete classification of subtitles B and C to the Code, see Tables.

Section 901(a) of title 2 2 U.S.C. 901(a)Pub. L. 99–177 section 901(a) of Title 2, referred to in subsec. (d)(1), was in the original “”, but probably should have been a reference to section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985, title II of , which is classified to , The Congress.

Pub. L. 115–334Dec. 20, 2018132 Stat. 4509llSubtitle B or C of the Agriculture Improvement Act of 2018, referred to in subsec. (d)(1), probably means subtitle B (§ 1201 et seq.) or C (§ 1301) of title I of , , , 4511. Subtitle B of title I amended sections 8737, 9031, 9032, and 9034 to 9039 of this title. Subtitle C of title I amended sections 1359bb, 1359, and 7272 of this title. For complete classification of subtitles B and C to the Code, see Tables.

Pub. L. 110–246June 18, 2008122 Stat. 1651 section 8701 of this titleThe Food, Conservation, and Energy Act of 2008, referred to in subsec. (e)(2)(B)(ii), is , , . Title I of the Act is classified principally to chapter 113 (§ 8701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 107–171May 13, 2002116 Stat. 134 section 7901 of this titleThe Farm Security and Rural Investment Act of 2002, referred to in subsec. (e)(2)(B)(iii), is , , . Title I of the Act is classified principally to chapter 106 (§ 7901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 104–127Apr. 4, 1996110 Stat. 896 section 7201 of this titleThe Agricultural Market Transition Act, referred to in subsec. (e)(2)(B)(iv), is title I of , , , which is classified principally to chapter 100 (§ 7201 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under and Tables.

Pub. L. 101–624Nov. 28, 1990104 Stat. 3359The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (e)(2)(B)(v), is , , . Titles I through XI of the Act relate to various programs for particular crops and contain general commodity provisions. For complete classification of titles I through XI to the Code, see Tables.

Pub. L. 99–198Dec. 23, 198599 Stat. 1354The Food Security Act of 1985, referred to in subsec. (e)(2)(B)(vi), is , , . Titles I through X of the Act relate to various programs for particular crops and contain general commodity provisions. For complete classification of titles I through X to the Code, see Tables.

Pub. L. 97–98Dec. 22, 198195 Stat. 1213The Agriculture and Food Act of 1981, referred to in subsec. (e)(2)(B)(vii), is , , . Titles I through XI of the Act relate to various programs for particular crops and contain miscellaneous commodity provisions. For complete classification of titles I through XI to the Code, see Tables.

Pub. L. 95–113Sept. 29, 197791 Stat. 913The Food and Agriculture Act of 1977, referred to in subsec. (e)(2)(B)(viii), is , , . Titles I through X of the Act relate to various programs for particular crops and contain miscellaneous provisions. For complete classification of titles I through X to the Code, see Tables.

Amendments

Pub. L. 119–212025—Subsec. (c)(5). added par. (5).

Pub. L. 115–334, § 1706(a)2018—Subsec. (a). , inserted “, and as adjusted pursuant to sections 9012 and 9013 of this title” before period at end.

Pub. L. 115–334, § 1706(b)Subsec. (b). , added subsec. (b) and struck out former subsec. (b) which directed the Secretary to implement various efficiency and streamlining measures.

Pub. L. 115–334, § 1706(c)Subsec. (c)(4). , added par. (4).

Pub. L. 115–334, § 1706(d)Subsec. (d)(1). , substituted “required under subtitle B or C, under the amendments made by subtitle B or C, or under the amendments made by subtitle B or C of the Agriculture Improvement Act of 2018,” for “required under subtitles B or C of this title or under the amendments made by subtitles B or C,”.

Pub. L. 115–334, § 1706(e)Subsec. (e). , added subsec. (e).

Pub. L. 115–334, § 1706(f)Subsec. (f). , added subsec. (f).