§9015 — Title 7 Agriculture | U.S. Code

Summary

All producers on a farm must make one one-time, permanent choice for certain years: either price loss coverage (PLC) for each covered commodity separately, or agriculture risk coverage (ARC). If they pick ARC, they must all agree whether to use county ARC (by commodity) or individual ARC (which covers all commodities on the farm). This requirement applied for the 2014 through 2018 crop years and for 2019 through 2031 (subject to later rules). If producers on a farm do not all agree for the 2014, 2019, or 2026 crop years, USDA will not pay anything for that year, and the farm will be treated as having chosen PLC for 2015 through 2018; will keep the same choices for 2020–2023 as applied in 2015–2018; and will keep the same choices for 2027–2031 as applied in 2025. If a farm chooses county ARC for a commodity, it cannot get PLC payments for that commodity. For individual ARC, USDA must count a producer’s share across all farms in the same State where that producer has an interest and where individual ARC was chosen. USDA must stop farms from being reorganized just to avoid or change an election. For seed cotton acres in 2018, producers were given a new one-time choice; if they did not all agree, those acres are treated as having PLC. Starting with 2021, producers may change their election for the current and later crop years until they change it again. For 2025, USDA must pay whichever is higher, PLC or county ARC, for each covered commodity’s payment acres.

Title 7, §9015

Agriculture — Source: USLM XML via OLRC

(a)For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2031 crop years (subject to subsection (h)), all of the producers on a farm shall make a 1-time, irrevocable election to obtain—

(1)price loss coverage under section 9016 of this title on a covered commodity-by-covered-commodity basis; or

(2)agriculture risk coverage under section 9017 of this title.

(b)In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage shall unanimously select whether to receive agriculture risk coverage payments based on—

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

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

(c)If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable—

(1)the Secretary shall not make any payments with respect to the farm for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable, under section 9016 or 9017 of this title; and

(2)subject to subsection (h), the producers on the farm shall be deemed to have elected, as applicable—

(A)price loss coverage for all covered commodities on the farm for the 2015 through 2018 crop years;

(B)the same coverage for each covered commodity on the farm for the 2020 through 2023 crop years as was applicable for the 2015 through 2018 crop years; and

(C)the same coverage for each covered commodity on the farm for the 2027 through 2031 crop years as was applicable for the 2025 crop year.

(d)If all the producers on a farm select county coverage for a covered commodity under subsection (b)(1), the Secretary may not make price loss coverage payments under section 9016 of this title to the producers on the farm with respect to that covered commodity.

(e)If all the producers on a farm select individual coverage under subsection (b)(2), in addition to the selection and election under this section applying to each producer on the farm, the Secretary shall consider, for purposes of making the calculations required by subsections (b)(2) and (c)(3) of section 9017 of this title, the producer’s share of all farms in the same State—

(1)in which the producer has an interest; and

(2)for which individual coverage has been selected.

(f)The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election or selection made under this section.

(g)(1)In the case of acres allocated to seed cotton on a farm, for the 2018 crop year, all of the producers on the farm shall be given the opportunity to make a new 1-time election under subsection (a) to reflect the designation of seed cotton as a covered commodity for that crop year under section 9011(6)(B) of this title.

(2)If all the producers on a farm fail to make a unanimous election under paragraph (1), the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for acres allocated on the farm to seed cotton.

(h)(1)For the 2021 crop year and each crop year thereafter, all of the producers on a farm may change the election under subsection (a), subsection (c), or this subsection, as applicable, to price loss coverage or agriculture risk coverage, as applicable.

(2)An election change under paragraph (1) shall apply to—

(A)the crop year for which the election change is made; and

(B)each crop year thereafter until another election change is made under that paragraph.

(i)For the 2025 crop year, the Secretary shall, on a covered commodity-by-covered commodity basis, make the higher of price loss coverage payments under section 9016 of this title and agriculture risk coverage county coverage payments under section 9017 of this title to the producers on a farm for the payment acres for each covered commodity on the farm.

Notes & Related Subsidiaries

Editorial Notes

Codification Provisions of law applicable to a covered commodity for the 2023 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2024 crop year for that covered commodity, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Amendments

2025—Subsec. (a). Pub. L. 119–21, § 10303(a)(1), substituted “2031” for “2023” in introductory provisions. Subsec. (c). Pub. L. 119–21, § 10303(a)(2)(A), in introductory provisions, substituted “crop year,” for “crop year or” and inserted “or the 2026 crop year,” after “2019 crop year,”. Subsec. (c)(1). Pub. L. 119–21, § 10303(a)(2)(B), substituted “crop year,” for “crop year or” and inserted “or the 2026 crop year,” after “2019 crop year,”. Subsec. (c)(2)(C). Pub. L. 119–21, § 10303(a)(2)(C), added subpar. (C). Subsec. (i). Pub. L. 119–21, § 10303(a)(3), added subsec. (i). 2018—Subsec. (a). Pub. L. 115–334, § 1105(1), substituted “For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2023 crop years (subject to subsection (h))” for “Except as provided in subsection (g), for the 2014 through 2018 crop years” in introductory provisions. Pub. L. 115–123, § 60101(a)(7)(A), substituted “Except as provided in subsection (g), for” for “For” in introductory provisions. Subsec. (b). Pub. L. 115–334, § 1105(2), substituted “In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage” for “In the election under subsection (a), the producers on a farm that elect under paragraph (2) of such subsection to obtain agriculture risk coverage under section 9017 of this title” in introductory provisions. Subsec. (c). Pub. L. 115–334, § 1105(3)(A), inserted “or the 2019 crop year, as applicable” after “the 2014 crop year” in introductory provisions. Subsec. (c)(1). Pub. L. 115–334, § 1105(3)(B), inserted “or the 2019 crop year, as applicable,” after “the 2014 crop year”. Subsec. (c)(2). Pub. L. 115–334, § 1105(3)(C), added par. (2) and struck out former par. (2) which read as follows: “the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for all covered commodities on the farm for the 2015 through 2018 crop years.” Subsec. (g). Pub. L. 115–123, § 60101(a)(7)(B), added subsec. (g). Subsec. (g)(1). Pub. L. 115–334, § 1105(4), inserted “for the 2018 crop year,” after “allocated to seed cotton on a farm,”. Subsec. (h). Pub. L. 115–334, § 1105(5), added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–123 applicable beginning with the 2018 crop year, see section 60101(a)(13) of Pub. L. 115–123, set out as a note under section 9011 of this title.

§9015 Producer Election