SUMMARY OF CHANGES FOR THE COMMON CROP INSURANCE

SUMMARY OF CHANGES FOR THE COMMON CROP INSURANCE POLICY

BASIC PROVISIONS – REINSURED VERSION (22.1-BR)

(Released November 2021)

The following is a brief description of the changes to the Common Crop Insurance Policy, Basic Provisions that

are effective for the

2022 and succeeding crop years for all crops with a contract change date on or after

November 30, 2021, and for the 2023 and succeeding crop years for all crops with a contract change date prior

to November 30, 2021:

• S

ection 1 –

o Revised the definitions of “buffer zone,” “certified organic acreage,” “cover crop,” “organic

farming practice,” “second crop,” and “transitional acreage.”

o Added the definitions of “NAP,” and “volunteer crop.”

• S

ection 14 – In paragraph (e)(1)(i) removed the word “grain” and revised to provide an option to delay

measurement of farm-stored production for 180-days through the Special Provisions.

• S

ection 15 –

o Revised paragraph (g)(3) to allow a cover crop to be hayed, grazed or cut for silage, haylage, or

baleage without a reduction in a prevented planting payment. A payment reduction will apply if

the cover crop is harvested at any time for grain or seed by you or another person.

o Removed paragraph (g)(3)(ii) language that reduced prevented planting payments on acreage

that has been prevented from planting and later cash rented.

• S

ection 17 –

o Revised paragraph (f)(5) to allow a cover crop planted or a volunteer crop on acreage claim

prevented from being planted to be hayed, grazed, or cut for silage, haylage, or baleage a

any

time without a reduction to the prevented planting payment.

A payment reduction will apply

if the cover crop or volunteer crop is harvested at any time for grain or seed by you or another

person.

o Revised paragraph (f)(8)(i)(E) to add an allowance through the Special Provisions and consider

annual regrowth or a perennial forage or mint crop to be planted.

o Revised paragraph (f)(8)(ii) for acreage planted to crops without insurance offered under t

aut

hority of the Act or NAP to be considered physically available for planting if you can prove

the acreage was planted and harvested using good farming practices in at least 2 consecutive

ears out of the 4 most recent crop years.

o Add new paragraph (f)(8)(iii) stating that acreage not meeting the requirements is considered

physically unavailable for planting unless all requirements or exceptions are met.

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22.1-BR

(Released November 2021) COMMON CROP INSURANCE POLICY

(This is a continuous policy. Refer to section 2.)

This insurance policy is reinsured by the Federal Crop Insurance Corporation (FCIC) under the provisions of the Federal Crop

Insurance Act (Act) (7 U.S.C. 1501-1524). All provisions of the policy and rights and responsibilities of the parties are specifically

subject to the Act. The provisions of the policy may not be waived or varied in any way by us, our insurance agent or any other

contractor or employee of ours, or any employee of USDA unless the policy specifically authorizes a waiver or modification by

written agreement. We will use FCIC procedures (handbooks, manuals, memoranda and bulletins), published on RMA’s website

at www.rma.usda.gov

or a successor website, in the administration of this policy, including the adjustment of any loss or claim

submitted under this policy. In the event that we cannot pay your loss because we are insolvent or are otherwise unable to perform

our duties under our reinsurance agreement with FCIC, your claim will be settled in accordance with the provisions of this policy

and FCIC will be responsible for any amounts owed. No state guarantee fund will be liable for your loss.

Throughout this policy, “you” and “your” refer to the named insured shown on the accepted application and “we,” “us,” and “our”

refer to the insurance company providing insurance. Unless the context indicates otherwise, use of the plural form of a word

includes the singular and use of the singular form of the word includes the plural.

AGREEMENT TO INSURE: In return for the payment of the premium, and subject to all of the provisions of this policy, we

agree with you to provide the insurance as stated in this policy. If there is a conflict between the Act, the regulations published

at 7 CFR chapter IV, and FCIC procedures, the order of precedence is: (1) the Act; (2) the regulations; and (3) the FCIC

procedures. If there is a conflict between the policy provisions published at 7 CFR part 457 and the administrative regulations

published at 7 CFR part 400, the policy provisions published at 7 CFR part 457 control. If a conflict exists among the policy,

the order of precedence is: (1) the Catastrophic Risk Protection Endorsement, as applicable; (2) the Special Provisions; (3) the

actuarial documents; (4) the Commodity Exchange Price Provisions, as applicable; (5) the Crop Provisions; and (6) these Basic

Provisions.

TERMS

AND CONDITIONS

BASIC PROVISIONS

1. Definitions

Abandon - Failure to continue to care for the crop,

providing care so insignificant as to provide no benefit to

the crop, or failure to harvest in a timely manner, unless

an insured cause of loss prevents you from properly caring

for or harvesting the crop or causes damage to it to the

extent that most producers of the crop on acreage with

similar characteristics in the area would not normally

further care for or harvest it.

Acreage report - A report required by section 6 of these

Basic Provisions that contains, in addition to other

required information, your report of your share of all

acreage of an insured crop in the county, whether

insurable or not insurable.

Acreage reporting date - The date contained in the

Special Provisions or as provided in section 6 by which

you are required to submit your acreage report.

Act - The Federal Crop Insurance Act (7 U.S.C. 1501 et

seq.).

Actual Production History (APH) - A process used to

determine production guarantees in accordance with 7

CFR part 400, subpart G.

Actual yield - The yield per acre for a crop year calculated

from the production records or claims for indemnities. The

actual yield is determined by dividing total production

(which includes harvested and appraised production) by

planted acres.

Actuarial documents - The information for the crop year

which is available for public inspection in your agent’s

office and published on RMA’s website and which shows

available crop insurance policies, coverage levels,

information needed to determine amounts of insurance,

prices, premium rates, premium adjustment percentages,

practices, particular types or varieties of the insurable

crop, insurable acreage, and other related information

regarding crop insurance in the county.

Additional coverage - A level of coverage greater than

catastrophic risk protection.

Administrative fee - An amount you must pay for

catastrophic risk protection, and additional coverage for

each crop year as specified in section 7 and the

Catastrophic Risk Protection Endorsement.

Agricultural commodity - Any crop or other commodity

produced, regardless of whether or not it is insurable.

Agricultural experts - Persons who are employed by the

Cooperative Extension System or the agricultural

departments of universities, or other persons approved by

FCIC, whose research or occupation is related to the

specific crop or practice for which such expertise is

sought.

Annual crop - An agricultural commodity that normally

must be planted each year.

Application - The form required to be completed by you

and accepted by us before insurance coverage will

commence. This form must be completed and filed in your

agent’s office not later than the sales closing date of the

initial insurance year for each crop for which insurance

coverage is requested. If cancellation or termination of

insurance coverage occurs for any reason, including but

not limited to indebtedness, suspension, debarment,

disqualification, cancellation by you or us or violation of

the controlled substance provisions of the Food Security

Act of 1985, a new application must be filed for the crop.

Insurance coverage will not be provided if you are

ineligible under the contract or under any Federal statute

or regulation.

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Approved yield - The actual production history (APH)

yield, calculated and approved by the verifier, used to

determine the production guarantee by summing the

yearly actual, assigned, adjusted or unadjusted

transitional yields and dividing the sum by the number of

yields contained in the database, which will always contain

at least four yields. The database may contain up to 10

consecutive crop years of actual or assigned yields. The

approved yield may have yield options elected under

section 36, revisions according to section 3, or other

limitations according to FCIC procedures applied when

calculating the approved yield.

Area - Land surrounding the insured acreage with

geographic characteristics, topography, soil types and

climatic conditions similar to the insured acreage.

Assignment of indemnity - A transfer of policy rights,

made on our form, and effective when approved by us in

writing, whereby you assign your right to an indemnity

payment for the crop year only to creditors or other

persons to whom you have a financial debt or other

pecuniary obligation.

Average yield - The yield calculated by totaling the yearly

actual yields, assigned yields in accordance with sections

3(f)(1) (failure to provide production report), 3(h)(1)

(excessive yields), and 3(i) (second crop planted without

double cropping history on prevented planting acreage),

and adjusted or unadjusted transitional yields, and

dividing the total by the number of yields contained in the

database.

Basic unit - All insurable acreage of the insured crop in

the county on the date coverage begins for the crop year

excluding acreage reported and insured as an enterprise

unit in which the remaining insurable acreage is reported

and insured as a basic or optional unit:

(1) In which you have 100 percent crop share; or

(2) That is owned by one person and operated by

another person on a share basis. (Example: If, in

addition to the land you own, you rent land from five

landlords, three on a crop share basis and two on a

cash basis, you would be entitled to four units; one

for each crop share lease and one that combines the

two cash leases and the land you own.) Land that

would otherwise be one unit may, in certain

instances, be divided according to guidelines

contained in section 34 of these Basic Provisions

and in the applicable Crop Provisions.

Beginning farmer or rancher - An individual who has not

actively operated and managed a farm or ranch in any

state, with an insurable interest in a crop or livestock as

an owner-operator, landlord, tenant, or sharecropper for

more than five crop years, as determined in accordance

with FCIC procedures. Any crop year’s insurable interest

may, at your election, be excluded if earned while under

the age of 18, while in full-time military service of the

United States, or while in post-secondary education, in

accordance with FCIC procedures. A person other than

an individual may be eligible for beginning farmer or

rancher benefits if there is at least one individual

substantial beneficial interest holder and all individual

substantial beneficial interest holders qualify as a

beginning farmer or rancher.

Buffer zone - Acreage designated in your organic plan

that separates agricultural commodities grown under

organic farming practices from those grown under non-

organic farming practices. A buffer zone must be sufficient

in size or other features, as stated in the National Organic

Program published in 7 CFR part 205, to prevent or

minimize the possibility of unintended contact by

prohibited substances or organisms applied to adjacent

land acres with an area that is part of the certified organic

farming operation.

Cancellation date - The calendar date specified in the

Crop Provisions on which coverage for the crop will

automatically renew unless canceled in writing by either

you or us or terminated in accordance with the policy

terms.

Catastrophic risk protection - The minimum level of

coverage offered by FCIC. Catastrophic risk protection is

not available with revenue protection.

Catastrophic Risk Protection Endorsement - The part

of the crop insurance policy that contains provisions of

insurance that are specific to catastrophic risk protection.

Certified organic acreage - Acreage in the certified

organic farming operation that has been certified by a

certifying agent as conforming to organic standards in

accordance with the Organic Foods Production Act of

1990 (7 U.S.C. 6501 et seq.) and 7 CFR part 205.

Certifying agent - A private or governmental entity

accredited by the USDA Secretary of Agriculture for the

purpose of certifying a production, processing or handling

operation as organic.

Claim for indemnity - A claim made on our form that

contains the information necessary to pay the indemnity,

as specified in the applicable FCIC procedures, and

complies with the requirements in section 14.

Code of Federal Regulations (CFR) - The codification of

general and permanent rules published in the Federal

the Federal Government. Rules published in the Federal

full text of the CFR is available in electronic format at

https://www.ecfr.gov/ or a successor website.

Commodity Exchange Price Provisions (CEPP) - A part

of the policy that is used for all crops for which revenue

protection is available, regardless of whether you elect

revenue protection or yield protection for such crops. This

document includes the information necessary to derive the

projected price and the harvest price for the insured crop,

as applicable.

Consent - Approval in writing by us allowing you to take a

specific action.

Contract - (See “policy”).

Contract change date - The calendar date by which

changes to the policy, if any, will be made available in

accordance with section 4 of these Basic Provisions.

Conventional farming practice - A system or process

that is necessary to produce an agricultural commodity,

excluding organic farming practices.

Cooperative Extension System - A nationwide network

consisting of a State office located at each State’s land-

grant university, and local or regional offices. These

offices are staffed by one or more agricultural experts, who

work in cooperation with the National Institute of Food and

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Agriculture, and who provide information to agricultural

producers and others.

County - Any county, parish, or other political subdivision

of a state shown on your accepted application, including

acreage in a field that extends into an adjoining county if

the county boundary is not readily discernible.

Coverage - The insurance provided by this policy, against

insured loss of production or value, by unit as shown on

your summary of coverage.

Coverage begins, date - The calendar date insurance

begins on the insured crop, as contained in the Crop

Provisions, or the date planting begins on the unit (see

section 11 of these Basic Provisions for specific provisions

relating to prevented planting).

Cover crop - A crop generally recognized by agricultural

experts as agronomically sound for the area for erosion

control or other purposes related to conservation or soil

improvement, unless otherwise specified in the Special

Provisions. A cover crop may be considered a second

crop (see the definition of “second crop”).

Crop Provisions - The part of the policy that contains the

specific provisions of insurance for each insured crop.

Crop year - The period within which the insured crop is

normally grown, regardless of whether or not it is actually

grown, and designated by the calendar year in which the

insured crop is normally harvested, unless otherwise

specified in the Crop Provisions.

Damage - Injury, deterioration, or loss of production of the

insured crop due to insured or uninsured causes.

Days - Calendar days.

Deductible - The amount determined by subtracting the

coverage level percentage you choose from 100 percent.

For example, if you elected a 65 percent coverage level,

your deductible would be 35 percent (100% - 65% = 35%).

Delinquent debt - Has the same meaning as the term

defined in 7 CFR part 400, subpart U.

Disinterested third party - A person that does not have

any familial relationship (parents, brothers, sisters,

children, spouse, grandchildren, aunts, uncles, nieces,

nephews, first cousins, or grandparents, related by blood,

adoption or marriage, are considered to have a familial

relationship) with you or who will not benefit financially

from the sale of the insured crop. Persons who are

authorized to conduct quality analysis in accordance with

the Crop Provisions are considered disinterested third

parties unless there is a familial relationship.

Double crop - Producing two or more crops for harvest

on the same acreage in the same crop year.

Earliest planting date - The initial planting date contained

in the Special Provisions, which is the earliest date you

may plant an insured agricultural commodity and qualify

for a replanting payment if such payments are authorized

by the Crop Provisions.

End of insurance period, date of - The date upon which

your crop insurance coverage ceases for the crop year

(see Crop Provisions and section 11).

Enterprise unit - All insurable acreage of the same

insured crop or all insurable irrigated or non-irrigated

acreage of the same insured crop in the county in which

you have a share on the date coverage begins for the crop

year, provided the requirements of section 34 are met.

Field - All acreage of tillable land within a natural or

artificial boundary (e.g., roads, waterways, fences, etc.).

Different planting patterns or planting different crops do

not create separate fields.

Final planting date - The date contained in the Special

Provisions for the insured crop by which the crop must

initially be planted in order to be insured for the full

production guarantee or amount of insurance per acre.

First insured crop - With respect to a single crop year

and any specific crop acreage, the first instance that an

agricultural commodity is planted for harvest or prevented

from being planted and is insured under the authority of

the Act. For example, if winter wheat that is not insured is

planted on acreage that is later planted to soybeans that

are insured, the first insured crop would be soybeans. If

the winter wheat was insured, it would be the first insured

crop.

FSA - The Farm Service Agency, an agency of the USDA,

or a successor agency.

FSA farm number - The number assigned to the farm by

the local FSA office.

Generally recognized - When agricultural experts or

organic agricultural experts, as applicable, are aware of

the production method or practice and there is no genuine

dispute regarding whether the production method or

practice allows the crop to make normal progress toward

maturity and produce at least the yield used to determine

the production guarantee or amount of insurance.

Good farming practices - The production methods

utilized to produce the insured crop and allow it to make

normal progress toward maturity and produce at least the

yield used to determine the production guarantee or

amount of insurance, including any adjustments for late

planted acreage, which are those generally recognized by

agricultural experts or organic agricultural experts,

depending on the practice, for the area. We may, or you

may request us to, contact FCIC to determine if production

methods will be considered “good farming practices.”

Harvest price - A price determined in accordance with the

Commodity Exchange Price Provisions and used to value

production to count for revenue protection.

Harvest price exclusion - Revenue protection with the

use of the harvest price excluded when determining your

revenue protection guarantee. This election is continuous

unless canceled by the cancellation date.

Household - A domestic establishment including the

members of a family (parents, brothers, sisters, children,

spouse, grandchildren, aunts, uncles, nieces, nephews,

first cousins, or grandparents, related by blood, adoption

or marriage, are considered to be family members) and

others who live under the same roof.

Insurable interest - Your percentage of the insured crop

that is at financial risk.

Insurable loss - Damage for which coverage is provided

under the terms of your policy, and for which you accept

an indemnity payment.

Insured - The named person as shown on the application

accepted by us. This term does not extend to any other

person having a share or interest in the crop (for example,

a partnership, landlord, or any other person) unless

specifically indicated on the accepted application.

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Insured crop - The crop in the county for which coverage

is available under your policy as shown on the application

accepted by us.

Intended acreage report - A report of the acreage you

intend to plant, by crop, for the current crop year and used

solely for the purpose of establishing eligible prevented

planting acreage, as required in section 17.

Interplanted - Acreage on which two or more crops are

planted in a manner that does not permit separate

agronomic maintenance or harvest of the insured crop.

Irrigated practice - A method of producing a crop by

which water is artificially applied during the growing

season by appropriate systems and at the proper times,

with the intention of providing the quantity of water needed

to produce at least the yield used to establish the irrigated

production guarantee or amount of insurance on the

irrigated acreage planted to the insured crop.

Late planted - Acreage initially planted to the insured crop

after the final planting date.

Late planting period - The period that begins the day

after the final planting date for the insured crop and ends

25 days after the final planting date, unless otherwise

specified in the Crop Provisions or Special Provisions.

Liability - Your total amount of insurance, value of your

production guarantee, or revenue protection guarantee for

the unit determined in accordance with the Settlement of

Claim provisions of the applicable Crop Provisions.

Limited resource farmer - Has the same meaning as the

term defined by USDA at

http://lrftool.sc.egov.usda.gov/LRP_Definition.aspx

successor website.

NAP - Noninsured Crop Disaster Assistance Program

published in 7 CFR part 1437, administered by FSA.

Native sod - Acreage that has no record of being tilled

(determined in accordance with information collected and

maintained by an agency of the USDA or other verifiable

records that you provide and are acceptable to us) for the

production of an annual crop on or before February 7,

2014, and on which the plant cover is composed

principally of native grasses, grass-like plants, forbs, or

shrubs suitable for grazing and browsing.

Negligence - The failure to use such care as a reasonably

prudent and careful person would use under similar

circumstances.

Non-contiguous - Acreage of an insured crop that is

separated from other acreage of the same insured crop by

land that is neither owned by you nor rented by you for

cash or a crop share. However, acreage separated by

only a public or private right-of-way, waterway, or an

irrigation canal will be considered as contiguous.

Offset - The act of deducting one amount from another

amount.

Organic agricultural experts - Persons who are

employed by the following organizations: Appropriate

Technology Transfer for Rural Areas, Sustainable

Agriculture Research and Education or the Cooperative

Extension System, the agricultural departments of

universities, or other persons approved by FCIC, whose

research or occupation is related to the specific organic

crop or practice for which such expertise is sought.

Organic crop - An agricultural commodity that is

organically produced consistent with section 2103 of the

Organic Foods Production Act of 1990 (7 U.S.C. 6502).

Organic farming practice - A system of plant production

practices used on organic acreage and transitional

acreage to produce an organic crop that is approved by a

certifying agent in accordance with 7 CFR part 205.

Organic plan - A written plan, in accordance with the

National Organic Program published in 7 CFR part 205,

that describes the organic farming practices that you and

a certifying agent agree upon annually or at such other

times as prescribed by the certifying agent.

Organic standards - Standards in accordance with the

Organic Foods Production Act of 1990 (7 U.S.C. 6501 et

seq.) and 7 CFR part 205.

Perennial crop - A plant, bush, tree or vine crop that has

a life span of more than one year.

Person - An individual, partnership, association,

corporation, estate, trust, or other legal entity, and

wherever applicable, a State or a political subdivision or

agency of a State. “Person” does not include the United

States Government or any agency thereof.

Planted acreage - Land in which seed, plants, or trees

have been placed, appropriate for the insured crop and

planting method, at the correct depth, into a seedbed that

has been properly prepared for the planting method and

production practice.

Policy - The agreement between you and us to insure an

agricultural commodity and consisting of the accepted

application, these Basic Provisions, the Crop Provisions,

the Special Provisions, the Commodity Exchange Price

Provisions, if applicable, other applicable endorsements

or options, the actuarial documents for the insured

agricultural commodity, the Catastrophic Risk Protection

Endorsement, if applicable, and the applicable regulations

published in 7 CFR chapter IV. Insurance for each

agricultural commodity in each county will constitute a

separate policy.

Practical to replant - Our determination, after loss or

damage to the insured crop, that you are able to replant to

the same crop in such areas and under such

circumstances as it is customary to replant and that

replanting the insured crop will allow the crop to attain

maturity prior to the calendar date for the end of the

insurance period. We may consider circumstances as to

whether: (1) It is physically possible to replant the acreage;

(2) seed germination, emergence, and formation of a

healthy plant is likely; (3) field, soil, and growing conditions

allow for proper planting and growth of the replanted crop

to reach maturity; or (4) other conditions exist, as provided

by the Crop Provisions or Special Provisions. Unless we

determine it is not practical to replant, based on the

circumstances listed above, it will be considered practical

to replant through: (1) The final planting date if no late

planting period is applicable; (2) the end of the late

planting period if the late planting period is less than 10

days; or (3) the 10th day after the final planting date if the

crop has a late planting period of 10 days or more. We

will consider it practical to replant regardless of the

availability of seed or plants, or the input costs necessary

to produce the insured crop such as seed or plants,

irrigation water, etc.

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Premium billing date - The earliest date upon which you

will be billed for insurance coverage based on your

acreage report. The premium billing date is contained in

the Special Provisions.

Prevented planting - Failure to plant the insured crop by

the final planting date designated in the Special Provisions

for the insured crop in the county, or within any applicable

late planting period, due to an insured cause of loss that

is general to the surrounding area and that prevents other

producers from planting acreage with similar

characteristics. Failure to plant because of uninsured

causes such as lack of proper equipment or labor to plant

the acreage, or use of a particular production method, is

not considered prevented planting.

Price election - The amount contained in the actuarial

documents that is the value per pound, bushel, ton,

carton, or other applicable unit of measure for the

purposes of determining premium and indemnity under

the policy. A price election is not applicable for crops for

which revenue protection is available.

Production guarantee (per acre) - The number of

pounds, bushels, tons, cartons, or other applicable units

of measure determined by multiplying the approved yield

per acre by the coverage level percentage you elect.

Production report - A written record showing your annual

production and used by us to determine your yield for

insurance purposes in accordance with section 3. The

report contains yield information for previous years,

including planted acreage and production. This report

must be supported by written verifiable records from a

warehouseman or buyer of the insured crop, by

measurement of farm-stored production, or by other

records of production approved by us on an individual

case basis in accordance with FCIC procedures.

Prohibited substance - Any biological, chemical, or other

agent that is prohibited from use or is not included in the

organic standards for use on any certified organic,

transitional or buffer zone acreage. Lists of such

substances are contained at 7 CFR part 205.

Projected price - The price for each crop determined in

accordance with the Commodity Exchange Price

Provisions. The applicable projected price is used for

each crop for which revenue protection is available,

regardless of whether you elect to obtain revenue

protection or yield protection for such crop.

Replanted crop -

(1) The same agricultural commodity replanted on the

same acreage as the insured crop for harvest in the

same crop year if:

(i) The replanting is specifically made optional by the

policy and you elect to replant the crop and insure

it under the policy covering the first insured crop;

(ii) Replanting is required by the policy.

(2) Unless otherwise specified in the Special Provisions,

the crop will be considered an insured replanted crop

and no replanting payment will be paid if we have

determined it is not practical to replant the insured

crop and you choose to plant the acreage to the same

insured crop within or prior to the late planting period

or after the final planting date if no late planting period

is applicable. If we determine it is not practical to

replant and you plant the acreage to the same insured

crop, any indemnity will be based on the greater of:

(i) Our appraised production on the initially planted

crop;

(ii) Our subsequent appraisal of the replanted crop if

the replanted crop is not harvested; or

(iii) The harvested production from the replanted

crop.

Replanting - Performing the cultural practices necessary

to prepare the land to replace the seed or plants of the

damaged or destroyed insured crop and then replacing

the seed or plants of the same crop in the same insured

acreage. The same crop does not necessarily mean the

same type or variety of the crop unless different types or

varieties constitute separate crops or it is otherwise

specified in the policy.

Representative sample - Portions of the insured crop

that must remain in the field for examination and review by

our loss adjuster when making a crop appraisal, as

specified in the Crop Provisions. In certain instances we

may allow you to harvest the crop and require only that

samples of the crop residue be left in the field.

Revenue protection - A plan of insurance that provides

protection against loss of revenue due to a production

loss, price decline or increase, or a combination of both.

If the harvest price exclusion is elected, the insurance

coverage provides protection only against loss of revenue

due to a production loss, price decline, or a combination

of both.

Revenue protection guarantee (per acre) - For revenue

protection only, the amount determined by multiplying the

production guarantee (per acre) by the greater of your

projected price or your harvest price. If the harvest price

exclusion is elected, the production guarantee (per acre)

is only multiplied by your projected price.

RMA’s website - A website hosted by RMA and located

at www.rma.usda.gov

or a successor website.

Sales closing date - A date contained in the Special

Provisions by which an application must be filed. The last

date by which you may change your crop insurance

coverage for a crop year.

Second crop - With respect to a single crop year, the next

occurrence of planting any agricultural commodity for

harvest following a first insured crop on the same acreage.

The second crop may be the same or a different

agricultural commodity as the first insured crop, except the

term does not include a replanted crop. If following a first

insured crop, a cover crop that is planted on the same

acreage and harvested for grain or seed is considered a

second crop. A crop that is covered by NAP or receives

other USDA benefits associated with forage crops is

considered a second crop. A crop meeting the conditions

stated in this definition is considered a second crop

regardless of whether it is insured.

Section - For the purposes of unit structure, a unit of

measure under a rectangular survey system describing a

tract of land usually one mile square and usually

containing approximately 640 acres.

Share - Your insurable interest in the insured crop as an

owner, operator, or tenant at the time insurance attaches.

However, only for the purpose of determining the amount

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of indemnity, your share will not exceed your share at the

earlier of the time of loss or the beginning of harvest.

Special Provisions - The part of the policy that contains

specific provisions of insurance for each insured crop that

may vary by geographic area.

State - The state shown on your accepted application.

Substantial beneficial interest - An interest held by any

person of at least 10 percent in you (e.g., there are two

partnerships that each have a 50 percent interest in you

and each partnership is made up of two individuals, each

with a 50 percent share in the partnership. In this case,

each individual would be considered to have a 25 percent

interest in you, and both the partnerships and the

individuals would have a substantial beneficial interest in

you. The spouses of the individuals would not be

considered to have a substantial beneficial interest unless

the spouse was one of the individuals that made up the

partnership. However, if each partnership is made up of

six individuals with equal interests, then each would only

have an 8.33 percent interest in you and although the

partnership would still have a substantial beneficial

interest in you, the individuals would not for the purposes

of reporting in section 2). The spouse of any individual

applicant or individual insured will be presumed to have a

substantial beneficial interest in the applicant or insured

unless the spouses can prove they are legally separated

or otherwise legally separate under the applicable State

dissolution of marriage laws. Any child of an individual

applicant or individual insured will not be considered to

have a substantial beneficial interest in the applicant or

insured unless the child has a separate legal interest in

such person.

Summary of coverage - Our statement to you, based

upon your acreage report, specifying the insured crop and

the guarantee or amount of insurance coverage provided

by unit.

Sustainable farming practice - A system or process for

producing an agricultural commodity, excluding organic

farming practices, that is necessary to produce the crop

and is generally recognized by agricultural experts for the

area to conserve or enhance natural resources and the

environment.

Tenant - A person who rents land from another person for

a share of the crop or a share of the proceeds of the crop

(see the definition of “share” above).

Termination date - The calendar date contained in the

Crop Provisions upon which your insurance ceases to be

in effect because of nonpayment of any amount due us

under the policy, including premium.

Tilled - The termination of existing plants by plowing,

disking, burning, application of chemicals, or by other

means to prepare acreage for the production of a crop.

Timely planted - Planted on or before the final planting

date designated in the Special Provisions for the insured

crop in the county.

Transitional acreage - Acreage in transition to organic

where organic farming practices are being followed, but

the acreage does not yet qualify as certified organic

acreage.

USDA - United States Department of Agriculture.

Verifiable records - Has the same meaning as the term

defined in 7 CFR part 400, subpart G.

Veteran farmer or rancher -

(1) An individual who has served active duty in the United

States Army, Navy, Marine Corps, Air Force, or Coast

Guard, including the reserve components; was

discharged or released under conditions other than

dishonorable; and:

(i) Has not operated a farm or ranch;

(ii) Has operated a farm or ranch for not more than 5

years; or

(iii) First obtained status as a veteran during the most

recent 5-year period.

(2) A person, other than an individual, may be eligible for

veteran farmer or rancher benefits if all substantial

beneficial interest holders qualify individually as a

veteran farmer or rancher

in accordance with

paragraph (1) of this definition; except in cases in

which there is only a married couple, then a veteran

and non-veteran spouse are considered a veteran

farmer or rancher.

Void - When the policy is considered not to have existed

for a crop year.

Volunteer crop - A crop that was planted in a previous

crop year on the applicable acreage or drifted from other

acreage, successfully self-seeded, and is growing this

crop year on the applicable acreage without being

intentionally sown or managed.

Whole-farm unit - All insurable acreage of all the insured

crops planted in the county in which you have a share on

the date coverage begins for each crop for the crop year

and for which the whole-farm unit structure is available in

accordance with section 34.

Written agreement - A document that alters designated

terms of a policy as authorized under these Basic

Provisions, the Crop Provisions, or the Special Provisions

for the insured crop (see section 18).

Yield protection - A plan of insurance that only provides

protection against a production loss and is available only

for crops for which revenue protection is available.

Yield protection guarantee (per acre) - When yield

protection is selected for a crop that has revenue

protection available, the amount determined by multiplying

the production guarantee by your projected price.

2. Life of Policy, Cancellation, and Termination

(a) This is a continuous policy and will remain in effect for

each crop year following the acceptance of the

original application until canceled by you in

accordance with the terms of the policy or terminated

by operation of the terms of the policy or by us. In

accordance with section 4, FCIC may change the

coverage provided from year to year.

(b) With respect to your application for insurance:

(1) You must include your social security number

(SSN) if you are an individual (if you are an

individual applicant operating as a business, you

may provide an employer identification number

(EIN) but you must also provide your SSN); or

(2) You must include your EIN if you are a person

other than an individual;

(3) In addition to the requirements of section 2(b)(1)

or (2), you must include the following for all

persons who have a substantial beneficial

interest in you:

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(i) The SSN for individuals; or

(ii) The EIN for persons other than individuals

and the SSNs for all individuals that

comprise the person with the EIN if such

individuals also have a substantial

beneficial interest in you;

(4) You must include:

(i) Your election of revenue protection, yield

protection, or other available plan of

insurance; coverage level; percentage of

price election or percentage of projected

price, as applicable; crop, type, variety, or

class; and any other material information

required on the application to insure the

crop; and

(ii) All the information required in section

2(b)(4)(i) or your application will not be

accepted and no coverage will be provided;

(5) Your application will not be accepted and no

insurance will be provided for the year of

application if the application does not contain

your SSN or EIN. If your application contains an

incorrect SSN or EIN for you, your application will

be considered not to have been accepted, no

insurance will be provided for the year of

application and for any subsequent crop years, as

applicable, and such policies will be void if:

(i) Such number is not corrected by you; or

(ii) You correct the SSN or EIN but:

(A) You cannot prove that any error was

inadvertent (Simply stating the error

was inadvertent is not sufficient to

prove the error was inadvertent); or

(B) It is determined that the incorrect

number would have allowed you to

obtain disproportionate benefits under

the crop insurance program, you are

determined to be ineligible for

insurance or you could avoid an

obligation or requirement under any

State or Federal law;

(6) With respect to persons with a substantial

beneficial interest in you:

(i) The insurance coverage for all crops

included on your application will be reduced

proportionately by the percentage interest in

you of persons with a substantial beneficial

interest in you (presumed to be 50 percent

for spouses of individuals) if the SSNs or

EINs of such persons are included on your

application, the SSNs or EINs are correct,

and the persons with a substantial beneficial

interest in you are ineligible for insurance;

(ii) Your policies for all crops included on your

application, and for all applicable crop

years, will be void if the SSN or EIN of any

person with a substantial beneficial interest

in you is incorrect or is not included on your

application and:

(A) Such number is not corrected or

provided by you, as applicable;

(B) You cannot prove that any error or

omission was inadvertent (Simply

stating the error or omission was

inadvertent is not sufficient to prove the

error or omission was inadvertent); or

provided by you, it is determined that

the incorrect or omitted SSN or EIN

would have allowed you to obtain

disproportionate benefits under the

crop insurance program, the person

with a substantial beneficial interest in

you is determined to be ineligible for

insurance, or you or the person with a

substantial beneficial interest in you

could avoid an obligation or

requirement under any State or Federal

law; or

(iii) Except as provided in sections 2(b)(6)(ii)(B)

and (C), your policies will not be voided if

you subsequently provide the correct SSN

or EIN for persons with a substantial

beneficial interest in you and the persons

are eligible for insurance;

(7) When any of your policies are void under sections

2(b)(5) or (6):

(i) You must repay any indemnity, prevented

planting payment or replanting payment that

may have been paid for all applicable crops

and crop years;

(ii) Even though the policies are void, you will

still be required to pay an amount equal to

20 percent of the premium that you would

otherwise be required to pay; and

(iii) If you previously paid premium or

administrative fees, any amount in excess

of the amount required in section 2(b)(7)(ii)

will be returned to you;

(8) Notwithstanding any of the provisions in this

section, if you certify to an incorrect SSN or EIN,

or receive an indemnity, prevented planting

payment or replanting payment and the SSN or

EIN was not correct, you may be subject to civil,

criminal or administrative sanctions;

(9) If any of the information regarding persons with a

substantial beneficial interest in you changes

after the sales closing date for the previous crop

year, you must revise your application by the

sales closing date for the current crop year to

reflect the correct information. However, if such

information changed less than 30 days before the

sales closing date for the current crop year, you

must revise your application by the sales closing

date for the next crop year. If you fail to provide

the required revisions, the provisions in section

2(b)(6) will apply; and

(10) If you are, or a person with a substantial

beneficial interest in you is, not eligible to obtain

a SSN or EIN, whichever is required, you must

request an assigned number for the purposes of

this policy from us:

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(i) A number will be provided only if you can

demonstrate you are, or a person with a

substantial beneficial interest in you is,

eligible to receive Federal benefits;

(ii) If a number cannot be provided for you in

accordance with section 2(b)(10)(i), your

application will not be accepted; or

(iii) If a number cannot be provided for any

person with a substantial beneficial interest

in you in accordance with section

2(b)(10)(i), the amount of coverage for all

crops on the application will be reduced

proportionately by the percentage interest of

such person in you.

cancel this policy for the initial crop year. Thereafter,

the policy will continue in force for each succeeding

crop year unless canceled or terminated as provided

below.

(d) Either you or we may cancel this policy after the initial

crop year by providing written notice to the other on or

before the cancellation date shown in the Crop

Provisions.

(e) Any amount owed to us for any policy authorized

under the Act will be offset from any indemnity or

prevented planting payment due you for this or any

other crop insured with us under the authority of the

Act.

(1) Even if your claim has not yet been paid, you

must still pay the premium and administrative fee

on or before the termination date for you to

remain eligible for insurance.

(2) If we offset any amount due us from an indemnity

or prevented planting payment owed to you, the

date of payment for the purpose of determining

whether you have a delinquent debt will be the

date that you submit the claim for indemnity in

accordance with section 14(e) (Your Duties).

(3) For this agricultural commodity policy, your

premium and administrative fees will be offset

from any indemnity or prevented planting

payment due to you even if it is prior to the

premium billing date.

(4) For any other agricultural commodity policy

insured with us and it is:

(i) Prior to the premium billing date, and you

agree, your premium and administrative

fees will be offset from any indemnity or

prevented planting payment due to you; or

(ii) On or after the premium billing date, your

premium and administrative fees will be

offset from any indemnity or prevented

planting payment due to you.

(f) A delinquent debt for any policy will make you

ineligible to obtain crop insurance authorized under

the Act for any subsequent crop year and result in

termination of all policies in accordance with section

2(f)(2).

(1) With respect to ineligibility:

(i) Ineligibility for crop insurance will be

effective on:

(A) The date that a policy was terminated in

accordance with section 2(f)(2) for the

crop for which you failed to pay

premium, an administrative fee, or any

related interest owed, as applicable;

(B) The payment due date contained in any

notification of indebtedness for any

overpaid indemnity, prevented planting

payment or replanting payment, if you

fail to pay the amount owed, including

any related interest owed, as

applicable, by such due date; or

prior to the crop year in which a

scheduled payment is due under a

written payment agreement if you fail to

pay the amount owed by any payment

date in any agreement to pay the debt.

(ii) If you are ineligible and a policy has been

terminated in accordance with section

2(f)(2), you will not receive any indemnity,

prevented planting payment or replanting

payment, if applicable, and such ineligibility

and termination of the policy may affect your

eligibility for benefits under other USDA

programs. Any indemnity, prevented

planting payment or replanting payment that

may be owed for the policy before it has

been terminated will remain owed to you,

but may be offset in accordance with section

2(e), unless your policy was terminated in

accordance with sections 2(f)(2)(i)(A), (B),

or (D).

(2) With respect to termination:

(i) Termination will be effective on:

(A) For a policy with unpaid administrative

fees or premiums, the termination date

immediately subsequent to the billing

date for the crop year (For policies for

which the sales closing date is prior to

the termination date, such policies will

terminate for the current crop year even

if insurance attached prior to the

termination date. Such termination will

be considered effective as of the sales

closing date and no insurance will be

considered to have attached for the

crop year and no indemnity, prevented

planting or replanting payment will be

owed);

(B) For a policy with other amounts due, the

termination date immediately following

the date you have a delinquent debt

(For policies for which the sales closing

date is prior to the termination date,

such policies will terminate for the

current crop year even if insurance

attached prior to the termination date.

Such termination will be considered

effective as of the sales closing date

and no insurance will be considered to

have attached for the crop year and no

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indemnity, prevented planting or

replanting payment will be owed);

us under the authority of the Act, the

termination date that coincides with the

termination date for the policy with the

delinquent debt or, if there is no

coincidental termination date, the

termination date immediately following

the date you become ineligible; or

(D) For execution of a written payment

agreement and failure to make any

scheduled payment, the termination

date for the crop year prior to the crop

year in which you failed to make the

scheduled payment (for this purpose

only, the crop year will start the day

after the termination date and end on

the next termination date, e.g., if the

termination date is November 30 and

you fail to make a payment on

November 15, 2019, your policy will

terminate on November 30, 2018, for

the 2019 crop year).

(ii) For all policies terminated under sections

2(f)(2)(i)(A), (B), or (D), any indemnities,

prevented planting payments or replanting

payments paid subsequent to the

termination date must be repaid.

(iii) Once the policy is terminated, it cannot be

reinstated for the current crop year unless:

(A) The termination was in error;

(B) The Administrator of the Risk

Management Agency, at his or her sole

discretion, determines that the following

are met:

(1) In accordance with 7 CFR part 400,

subpart U, and FCIC procedures,

you provide documentation that

your inadvertent failure to pay your

debt is due to an unforeseen or

unavoidable event or other

extenuating circumstances that

created the inadvertent failure for

you to make timely payment;

(2) You remit full payment of the

delinquent debt owed to us or FCIC

with your request submitted in

accordance with section

2(f)(2)(iii)(B)(3); and

(3) You submit a written request for

reinstatement of your policy to us

no later than 60 days after the

termination date or the missed

payment date of a previously

executed written payment

agreement, or in the case of

overpaid indemnity or any amount

that became due after the

termination date, the due date

specified in the notice to you of the

amount due, if applicable.

(i) If authorization for

reinstatement, as defined in 7

CFR part 400, subpart U, is

granted, your policies will be

reinstated effective at the

beginning of the crop year for

which you were determined

ineligible, and you will be

entitled to all applicable

benefits under such policies,

provided you meet all

eligibility requirements and

comply with the terms of the

policy; and

(ii) There is no evidence of fraud

or misrepresentation; or

7 CFR part 400, subpart U, and FCIC

procedures, the following are met:

(1) You can demonstrate:

(i) You made timely payment for

the amount of premium owed

but you inadvertently omitted

some small amount, such as

the most recent month’s

interest or a small

administrative fee;

(ii) The amount of the payment

was clearly transposed from

the amount that was

otherwise due (For example,

you owed $892 but you paid

$829);

(iii) You timely made the full

payment of the amount owed

but the delivery of that

payment was delayed, and

was postmarked no more

than seven calendar days

after the termination date or

the missed payment date of a

previously executed written

payment agreement, or in the

case of overpaid indemnity or

any amount that became due

after the termination date, the

due date specified in a notice

to you of an amount due, as

applicable; or

(iv) For previously executed

written payment agreements,

you made the full payment of

the scheduled payment

amount owed within 15

calendar days after the

missed payment date.

(2) You remit full payment of the

delinquent debt owed to us; and

(3) You submit a written request for

reinstatement of your policy to us in

accordance with 7 CFR part 400,

subpart U, and applicable

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procedures no later than 30 days

after the termination date or the

missed payment date of a

previously executed written

payment agreement, or in the case

of overpaid indemnity or any

amount that became due after the

termination date, the due date

specified in the notice to you of the

amount due, if applicable; and

(4) If authorization for reinstatement,

as defined in 7 CFR part 400,

subpart U, is granted, your policies

will be reinstated effective at the

beginning of the crop year for which

you were determined ineligible,

and you will be entitled to all

applicable benefits under such

policies, provided you meet all

eligibility requirements and comply

with the terms of the policy; and

(5) There is no evidence of fraud or

misrepresentation.

(iv) A determination made under:

(A) Section 2(f)(2)(iii)(B) may only be

appealed to the National Appeals

Division in accordance with 7 CFR part

11; and

(B) Section 2(f)(2)(iii)(C) may only be

appealed in accordance with section

20.

(3) To regain eligibility, you must:

(i) Repay the delinquent debt in full;

(ii) Execute a written payment agreement, in

accordance with 7 CFR part 400, subpart U,

and make payments in accordance with the

agreement; or

(iii) Have your debts discharged in bankruptcy.

(4) After you become eligible for crop insurance, if

you want to obtain coverage for your crops, you

must submit a new application on or before the

sales closing date for the crop (Since applications

for crop insurance cannot be accepted after the

sales closing date, if you make any payment after

the sales closing date, you cannot apply for

insurance until the next crop year).

(5) For example, for the 2019 crop year, if crop A,

with a termination date of October 31, 2018, and

crop B, with a termination date of March 15, 2019,

are insured and you do not pay the premium for

crop A by the termination date, you are ineligible

for crop insurance as of October 31, 2018, and

crop A’s policy is terminated as of that date. Crop

B’s policy does not terminate until March 15,

2019, and an indemnity for the 2018 crop year

may still be owed. If you enter into a written

payment agreement on September 25, 2019, the

earliest date by which you can obtain crop

insurance for crop A is to apply for crop insurance

by the October 31, 2019, sales closing date and

for crop B is to apply for crop insurance by the

March 15, 2020, sales closing date. If you fail to

make a payment that was scheduled to be made

on April 1, 2020, your policy will terminate as of

October 31, 2019, for crop A, and March 15,

2020, for crop B, and no indemnity, prevented

planting payment or replanting payment will be

due for that crop year for either crop. You will not

be eligible to apply for crop insurance for any crop

until after the amounts owed are paid in full or you

have your debts discharged in bankruptcy.

(6) If you are determined to be ineligible under

section 2(f), persons with a substantial beneficial

interest in you may also be ineligible until you

become eligible again.

(g) In cases where there has been a death,

disappearance, judicially declared incompetence, or

dissolution of any insured person:

(1) If any married individual insured dies, disappears,

or is judicially declared incompetent, the named

insured on the policy will automatically convert to

the name of the spouse if:

(i) The spouse was included on the policy as

having a substantial beneficial interest in the

named insured; and

(ii) The spouse has a share of the crop.

(2) The provisions in section 2(g)(3) will be

applicable if:

(i) Any partner, member, shareholder, etc., of

an insured entity dies, disappears, or is

judicially declared incompetent, and such

event automatically dissolves the entity; or

(ii) An individual, whose estate is left to a

beneficiary other than a spouse or left to the

spouse and the criteria in section 2(g)(1) are

not met, dies, disappears, or is judicially

declared incompetent.

(3) If section 2(g)(2) applies and the death,

disappearance, or judicially declared

incompetence occurred:

(i) More than 30 days before the cancellation

date, the policy is automatically canceled as

of the cancellation date and a new

application must be submitted; or

(ii) Thirty days or less before the cancellation

date, or after the cancellation date, the

policy will continue in effect through the crop

year immediately following the cancellation

date and be automatically canceled as of

the cancellation date immediately following

the end of the insurance period for the crop

year, unless canceled by the cancellation

date prior to the start of the insurance

period:

(A) A new application for insurance must be

submitted prior to the sales closing date

for coverage for the subsequent crop

year; and

(B) Any indemnity, replanting payment or

prevented planting payment will be paid

to the person or persons determined to

be beneficially entitled to the payment

and such person or persons must

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comply with all policy provisions and

pay the premium.

(4) If any insured entity is dissolved for reasons other

than death, disappearance, or judicially declared

incompetence:

(i) Before the cancellation date, the policy is

automatically canceled as of the

cancellation date and a new application

must be submitted; or

(ii) On or after the cancellation date, the policy

will continue in effect through the crop year

immediately following the cancellation date

and be automatically canceled as of the

cancellation date immediately following the

end of the insurance period for the crop

year, unless canceled by the cancellation

date prior to the start of the insurance

period:

(A) A new application for insurance must be

submitted prior to the sales closing date

for coverage for the subsequent crop

year; and

(B) Any indemnity, replanting payment or

prevented planting payment will be paid

to the person or persons determined to

be beneficially entitled to the payment

and such person or persons must

comply with all policy provisions and

pay the premium.

(5) If section 2(g)(2) or (4) applies, a remaining

member of the insured person or the beneficiary

is required to report to us the death,

disappearance, judicial incompetence, or other

event that causes dissolution not later than the

next cancellation date, except if section 2(g)(3)(ii)

applies, notice must be provided by the

cancellation date for the next crop year. If notice

is not provided timely, the provisions of section

2(g)(2) or (4) will apply retroactive to the date

such notice should have been provided and any

payments made after the date the policy should

have been canceled must be returned.

(h) We may cancel your policy if no premium is earned

for 3 consecutive years.

(i) The cancellation and termination dates are contained

in the Crop Provisions.

(j) Any person may sign any document relative to crop

insurance coverage on behalf of any other person

covered by such a policy, provided that the person

has a properly executed power of attorney or such

other legally sufficient document authorizing such

person to sign. You are still responsible for the

accuracy of all information provided on your behalf

and may be subject to the consequences in section

6(g), and any other applicable consequences, if any

information has been misreported.

3. Insurance Guarantees, Coverage Levels, and Prices

(a) Unless adjusted or limited in accordance with your

policy, the production guarantee or amount of

insurance, coverage level, and price at which an

indemnity will be determined for each unit will be

those used to calculate your summary of coverage for

each crop year.

(b) With respect to the insurance choices:

(1) For all acreage of the insured crop in the county,

unless one of the conditions in section 3(b)(2)

exists, you must select the same:

(i) Plan of insurance (e.g., yield protection,

revenue protection, actual production

history, amount of insurance, etc.);

(ii) Level of coverage (all catastrophic risk

protection or the same level of additional

coverage); and

(iii) Percentage of the available price election,

or projected price for yield protection. For

revenue protection, the percentage of price

is specified in section 3(c)(2). If different

prices are provided by type or variety,

insurance will be based on the price

provided for each type or variety and the

same price percentage will apply to all types

or varieties.

(2) You do not have to select the same plan of

insurance, level of coverage or percentage of

available price election or projected price if:

(i) The applicable Crop Provisions allow you

the option to separately insure individual

crop types or varieties. In this case, each

individual type or variety insured by you will

be subject to separate administrative fees.

For example, if two grape varieties in

California are insured under the

Catastrophic Risk Protection Endorsement

and two varieties are insured under an

additional coverage policy, a separate

administrative fee will be charged for each

of the four varieties; or

(ii) You have additional coverage for the crop in

the county and the acreage has been

designated as “high-risk” by FCIC. In such

case, you will be able to exclude coverage

for the high-risk land under the additional

coverage policy and insure such acreage

under a separate Catastrophic Risk

Protection Endorsement, provided the

Catastrophic Risk Protection Endorsement

is obtained from the same insurance

provider from which the additional coverage

was obtained. If you have revenue

protection and exclude high-risk land, the

catastrophic risk protection coverage will be

yield protection only for the excluded high-

risk land.

(iii) You have additional coverage for the crop in

the county, and the actuarial documents

provide for separate coverage by irrigated

and non-irrigated practices for the crop.

(A) You may select one coverage level for

all irrigated acreage and one coverage

level for all non-irrigated acreage. For

example: You may choose a 65 percent

coverage level for all irrigated acreage

(corn irrigated practice) and an 80

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percent coverage level for all non-

irrigated acreage (corn non-irrigated

practice).

(B) If the Crop Provisions allow the option

to separately insure individual crop

types or varieties, and the actuarial

documents provide for separate

coverage, you may select coverage

levels by irrigated and non-irrigated

practice for each separate type or

variety.

crop:

(1) You may change to another plan of insurance and

change your coverage level or elect the harvest

price exclusion by giving written notice to us not

later than the sales closing date for the insured

crop;

(2) Your projected price and harvest price will be 100

percent of the projected price and harvest price

issued by FCIC;

(3) If the harvest price exclusion is:

(i) Not elected, your projected price is used to

initially determine the revenue protection

guarantee (per acre), and if the harvest

price is greater than the projected price, the

revenue protection guarantee (per acre) will

be recomputed using your harvest price; or

(ii) Elected, your projected price is used to

compute your revenue protection guarantee

(per acre);

(4) Your projected price is used to calculate your

premium, any replanting payment, and any

prevented planting payment; and

(5) If the projected price or harvest price cannot be

calculated for the current crop year under the

provisions contained in the Commodity Exchange

Price Provisions:

(i) For the projected price:

(A) Revenue protection will not be provided

and you will automatically be covered

under the yield protection plan of

insurance for the current crop year

unless you cancel your coverage by the

cancellation date or change your plan of

insurance by the sales closing date;

(B) Notice will be provided on RMA’s

website by the date specified in the

applicable projected price definition

contained in the Commodity Exchange

Price Provisions;

by FCIC and will be released by the

date specified in the applicable

projected price definition contained in

the Commodity Exchange Price

Provisions; and

(D) Your coverage will automatically revert

to revenue protection for the next crop

year that revenue protection is available

unless you cancel your coverage by the

cancellation date or change your

coverage by the sales closing date; or

(ii) For the harvest price:

(A) Revenue protection will continue to be

available; and

(B) The harvest price will be determined

and announced by FCIC.

(d) With respect to yield protection, if available for the

crop:

(1) You may change to another plan of insurance and

change your percentage of price and your

coverage level by giving written notice to us not

later than the sales closing date for the insured

crop;

(2) The percentage of the projected price selected by

you multiplied by the projected price issued by

FCIC is your projected price that is used to

compute the value of your production guarantee

(per acre) and the value of the production to

count; and

(3) Since the projected price may change each year,

if you do not select a new percentage of the

projected price on or before the sales closing

date, we will assign a percentage which bears the

same relationship to the percentage that was in

effect for the preceding year (e.g., if you selected

100 percent of the projected price for the previous

crop year and you do not select a new percentage

for the current crop year, we will assign 100

percent for the current crop year).

(e) With respect to all plans of insurance other than

revenue protection and yield protection (e.g., APH,

dollar amount plans of insurance, etc.):

(1) In addition to the price election or amount of

insurance available on the contract change date,

we may provide an additional price election or

amount of insurance no later than 15 days prior

to the sales closing date.

(i) You must select the additional price election

or amount of insurance on or before the

sales closing date for the insured crop.

(ii) These additional price elections or amounts

of insurance will not be less than those

available on the contract change date.

(iii) If you elect the additional price election or

amount of insurance, any claim settlement

and amount of premium will be based on

your additional price election or amount of

insurance.

(2) You may change to another plan of insurance or

change your coverage level, amount of insurance

or percentage of the price election, as applicable,

for the following crop year by giving written notice

to us not later than the sales closing date for the

insured crop.

(3) Your amount of insurance will be the amount of

insurance issued by FCIC multiplied by the

coverage level percentage you elected. Your

price election will be the price election issued by

FCIC multiplied by the percentage of price you

elected.

(13 of 44)

(4) Since the amount of insurance or price election

may change each year, if you do not select a new

amount of insurance or percentage of the price

election on or before the sales closing date, we

will assign an amount of insurance or percentage

of the price election which bears the same

relationship to the amount of insurance or

percentage of the price election that was in effect

for the preceding year (e.g., if you selected 100

percent of the price election for the previous crop

year and you do not select a new percentage of

the price election for the current crop year, we will

assign 100 percent of the price election for the

current crop year).

(f) You must report all production of the crop (insured

and uninsured) to us for the previous crop year by the

earlier of the acreage reporting date or 45 days after

the cancellation date, unless otherwise stated in the

Special Provisions or as specified in section 18:

(1) If you do not provide the required production

report, we will assign a yield. The yield assigned

by us will not be more than 75 percent of the yield

used by us to determine your coverage for the

previous crop year. The production report or

assigned yield will be used to compute your

approved yield for the purpose of determining

your coverage for the current crop year.

(2) If you have filed a claim for any crop year, the

documents signed by you which state the amount

of production used to complete the claim for

indemnity will be the production report for that

year unless otherwise specified by FCIC.

(3) Production and acreage for the prior crop year

must be reported for each proposed optional unit

by the production reporting date, unless

otherwise specified in the Special Provisions. If

you do not provide the information stated above,

the optional units will be combined into the basic

unit.

(4) Appraisals obtained from only a portion of the

acreage in a field that remains unharvested after

the remainder of the crop within the field has been

destroyed or put to another use will not be used

to establish your actual yield unless

representative samples are required to be left by

you in accordance with the Crop Provisions.

(g) It is your responsibility to accurately report all

information that is used to determine your approved

yield.

(1) You must certify to the accuracy of this

information on your production report.

(2) If you fail to accurately report any information or

if you do not provide any required records, you

will be subject to the provisions regarding

misreporting contained in section 6(g), unless the

information is corrected:

(i) On or before the production reporting date;

(ii) Because the incorrect information was

determined to be inadvertently reported by

you (Simply stating the error was

inadvertent is not sufficient to prove the

error was inadvertent); or

(iii) Because the incorrect information was the

result of our error or the error of someone

from USDA.

(3) If you do not have written verifiable records to

support the information you certified on your

production report, you will receive an assigned

yield in accordance with section 3(f)(1) and 7

CFR part 400, subpart G, for the applicable units,

determined by us, for those crop years for which

you do not have such records. If the conditions

of section 34(b)(3) are not met, you will receive

an assigned yield for the applicable basic unit.

(4) At any time we discover you have misreported

any material information used to determine your

approved yield or your approved yield is not

correct, the following actions will be taken, as

applicable:

(i) We will correct your approved yield, in

accordance with FCIC procedure, by

assigning a yield or by using the yield we

determine to be correct, for the crop year

such information is not correct, and all

subsequent crop years;

(ii) We will correct the unit structure, if

necessary;

(iii) Any overpaid or underpaid indemnity or

premium must be repaid; and

(iv) You will be subject to the provisions

regarding misreporting contained in section

6(g)(1), unless the incorrect information was

the result of our error or the error of

someone from USDA.

(h) In addition to any consequences in section 3(g), at

any time the circumstances described below are

discovered, your approved yield will be adjusted:

(1) By including an assigned yield determined in

accordance with section 3(f)(1) and 7 CFR part

400, subpart G, if the actual yield reported in the

database is excessive for any crop year, as

determined by FCIC under its procedures, and

you do not provide verifiable records to support

the yield in the database (If there are verifiable

records for the yield in your database, the yield is

significantly different from the other yields in the

county or your other yields for the crop and you

cannot prove there is a valid agronomic basis to

support the differences in the yields, the yield will

be the average of the yields for the crop or the

applicable county transitional yield if you have no

other yields for the crop);

(2) By reducing it to an amount consistent with the

average of the approved yields for other

databases for your farming operation with the

same crop, type, and practice or the county

transitional yield, as applicable, if:

(i) The approved APH yield is greater than 115

percent of the average of the approved

yields of all applicable databases for your

farming operation that have actual yields in

them or it is greater than 115 percent of the

county transitional yield if no applicable

databases exist for comparison;

(14 of 44)

(ii) The current year’s insurable acreage

(including applicable prevented planting

acreage) is greater than 400 percent of the

average number of acres in the database or

the acres contained in two or more

individual years in the database are each

less than 10 percent of the current year’s

insurable acreage in the unit (including

applicable prevented planting acreage); and

(iii) We determine there is no valid agronomic

basis to support the approved yield; or

(3) To an amount consistent with the production

methods actually carried out for the crop year if

you use a different production method than was

previously used and the production method

actually carried out is likely to result in a yield

lower than the average of your previous actual

yields. The yield will be adjusted based on your

other units where such production methods were

carried out or to the applicable county transitional

yield for the production methods if other such

units do not exist. You must notify us of changes

in your production methods by the acreage

reporting date. If you fail to notify us, in addition

to the reduction of your approved yield described

herein, you will be considered to have

misreported information and you will be subject to

the consequences in section 6(g). For example,

for a non-irrigated unit, your yield is based upon

acreage of the crop that is watered once prior to

planting, and the crop is not watered prior to

planting for the current crop year. Your approved

APH yield will be reduced to an amount

consistent with the actual production history of

your other non-irrigated units where the crop has

not been watered prior to planting or limited to the

non-irrigated transitional yield for the unit if other

such units do not exist.

(i) Unless you meet the double cropping requirements

contained in section 17(f)(4), if you elect to plant a

second crop on acreage where the first insured crop

was prevented from being planted, you will receive a

yield equal to 60 percent of the approved yield for the

first insured crop to calculate your average yield for

subsequent crop years (Not applicable to crops if the

APH is not the basis for the insurance guarantee). If

the unit contains both prevented planting and planted

acreage of the same crop, the yield for such acreage

will be determined by:

(1) Multiplying the number of insured prevented

planting acres by 60 percent of the approved yield

for the first insured crop;

(2) Adding the totals from section 3(i)(1) to the

amount of appraised or harvested production for

all of the insured planted acreage; and

(3) Dividing the total in section 3(i)(2) by the total

number of acres in the unit.

(j) Hail and fire coverage may be excluded from the

covered causes of loss for an insured crop only if you

select additional coverage of not less than 65 percent

of the approved yield indemnified at the 100 percent

price election, or an equivalent coverage as

established by FCIC, and you have purchased the

same or a higher dollar amount of coverage for hail

and fire from us or any other source. If you elected a

whole-farm unit, you may exclude hail and fire

coverage only if allowed by the Special Provisions.

(k) The applicable premium rate, or formula to calculate

the premium rate, and transitional yield will be those

contained in the actuarial documents except, in the

case of high-risk land, a written agreement may be

requested to change such transitional yield or

premium rate.

(l) Notwithstanding any other provision, if you qualify as

a beginning farmer or rancher, or veteran farmer or

rancher, and were previously involved in a farming or

ranching operation, including involvement in the

decision-making or physical involvement in the

production of the crop or livestock on the farm, for any

acreage obtained by you, you may receive a yield that

is the higher of:

(1) The actual production history of the previous

producer of the crop or livestock on the new

acreage; or

(2) Your actual production history.

4. Contract Changes

(a) We may change the terms of your coverage under this

policy from year to year.

(b) Any changes in policy provisions, amounts of

insurance, premium rates, program dates, price

elections or the Commodity Exchange Price

Provisions, if applicable, can be viewed on RMA’s

website not later than the contract change date

contained in the Crop Provisions (except as allowed

herein or as specified in section 3). We may only

revise this information after the contract change date

to correct clear errors (e.g., the price for oats was

announced at $25.00 per bushel instead of $2.50 per

bushel or the final planting date should be May 10 but

the final planting date in the Special Provisions states

August 10).

in section 4(b) will also be available upon request from

your crop insurance agent.

(d) Not later than 30 days prior to the cancellation date

for the insured crop you will be notified, in accordance

with section 33, a copy of the changes to the Basic

Provisions, Crop Provisions, Commodity Exchange

Price Provisions, if applicable, and Special

Provisions.

(e) Acceptance of the changes will be conclusively

presumed in the absence of notice from you to

change or cancel your insurance coverage.

5. [Reserved]

6. Report of Acreage

(a) An annual acreage report must be submitted to us on

our form for each insured crop in the county on or

before the acreage reporting date contained in the

Special Provisions, except as follows:

(1) If you insure multiple crops with us that have final

planting dates on or after August 15 but before

December 31, you must submit an acreage report

for all such crops on or before the latest

(15 of 44)

applicable acreage reporting date for such crops;

and

(2) If you insure multiple crops with us that have final

planting dates on or after December 31 but before

August 15, you must submit an acreage report for

all such crops on or before the latest applicable

acreage reporting date for such crops.

(3) Notwithstanding the provisions in sections 6(a)(1)

and (2):

(i) If the Special Provisions designate separate

planting periods for a crop, you must submit

an acreage report for each planting period

on or before the acreage reporting date

contained in the Special Provisions for the

planting period;

(ii) If planting of the insured crop continues

after the final planting date or you are

prevented from planting during the late

planting period, the acreage reporting date

will be the later of:

(A) The acreage reporting date contained

in the Special Provisions;

(B) The date determined in accordance

with sections (a)(1) or (2); or

planting period for the insured crop, if

applicable; and

(iii) If you plant the insured crop on or within five

days prior to the final planting date and the

final planting date is five or fewer days prior

to the acreage reporting date, you must

submit an acreage report no later than five

days after the acreage reporting date (for

example, if the final planting date contained

in the Special Provisions is July 10, the

acreage reporting date contained in the

Special Provisions is July 15 and you plant

the insured crop on July 9, you have until

July 20 to submit an acreage report for the

insured crop).

(b) If you do not have a share in an insured crop in the

county for the crop year, you must submit an acreage

report, on or before the acreage reporting date, so

indicating.

information, if applicable:

(1) The amount of acreage of the crop in the county

(insurable and not insurable) in which you have a

share and the date the insured crop was planted

on the unit as follows:

(i) The last date any timely planted acreage

was planted and the number of acres

planted by such date; and

(ii) The date of planting and the number of

acres planted per day for acreage planted

during the late planting period (If you fail to

report the number of acres planted on a

daily basis, all acreage planted in the late

planting period will be presumed to have

been planted on the last day planting took

place in the late planting period for the

purposes of section 16);

(2) Your share at the time coverage begins;

(3) The practice;

(4) The type; and

(5) The land identifier for the crop acreage (e.g., legal

description, FSA farm number or common land

unit number if provided to you by FSA, etc.) as

required on our form.

(d) Regarding the ability to revise an acreage report you

have submitted to us:

(1) For planted acreage, you cannot revise any

information pertaining to the planted acreage

after the acreage reporting date without our

consent (Consent may only be provided when no

cause of loss has occurred; our appraisal has

determined that the insured crop will produce at

least 90 percent of the yield used to determine

your guarantee or the amount of insurance for the

unit (including reported and unreported acreage),

except when there are unreported units (see

section 6(f)); the information on the acreage

report is clearly transposed; you provide

adequate evidence that we or someone from

USDA have committed an error regarding the

information on your acreage report; or if expressly

permitted by the policy);

(2) For prevented planting acreage:

(i) On or before the acreage reporting date,

you can change any information on any

initially submitted acreage report, except as

provided in section 6(d)(2)(iii) (e.g., you can

correct the reported share, add acreage of

the insured crop that was prevented from

being planted, etc.);

(ii) After the acreage reporting date, you cannot

revise any information on the acreage report

(e.g., if you have failed to report prevented

planting acreage on or before the acreage

reporting date, you cannot revise it after the

acreage reporting date to include prevented

planting acreage) but we will revise

information that is clearly transposed or if

you provide adequate evidence that we or

someone from USDA have committed an

error regarding the information on your

acreage report; and

(iii) You cannot revise your initially submitted

acreage report at any time to change the

insured crop, or type, that was reported as

prevented from being planted;

(3) You may request an acreage measurement from

FSA or a business that provides such

measurement service prior to the acreage

reporting date, submit documentation of such

request and an acreage report with estimated

acreage by the acreage reporting date, and if the

acreage measurement shows the estimated

acreage was incorrect, we will revise your

acreage report to reflect the correct acreage:

(i) If an acreage measurement is only

requested for a portion of the acreage within

a unit, you must separately designate the

(16 of 44)

acreage for which an acreage measurement

has been requested;

(ii) If an acreage measurement is not provided

to us by the time we receive a notice of loss,

we may:

(A) Defer finalization of the claim until the

measurement is completed, and:

(1) Make all necessary loss

determinations, except the acreage

measurement; and

(2) Finalize the claim in accordance

with applicable policy provisions

after you provide the acreage

measurement to us (If you fail to

provide the measurement, your

claim will not be paid); or

(B) Elect to measure the acreage, and:

(1) Finalize your claim in accordance

with applicable policy provisions;

and

(2) Estimated acreage under this

section will not be accepted from

you for any subsequent acreage

report; and

(iii) Premium will still be due in accordance with

sections 2(e) and 7. If the acreage is not

measured as specified in section 6(d)(3)(ii)

and the acreage measurement is not

provided to us at least 15 days prior to the

premium billing date, your premium will be

based on the estimated acreage and will be

revised, if necessary, when the acreage

measurement is provided. If the acreage

measurement is not provided by the

termination date, you will be precluded from

providing any estimated acreage for all

subsequent crop years.

(4) If there is an irreconcilable difference between:

(i) The acreage measured by FSA or a

measuring service and our on-farm

measurement, our on-farm measurement

will be used; or

(ii) The acreage measured by a measuring

service, other than our on-farm

measurement, and FSA, the FSA

measurement will be used; and

(5) If the acreage report has been revised in

accordance with section 6(d)(1), (2), or (3), the

information on the initial acreage report will not be

considered misreported for the purposes of

section 6(g).

(e) We may elect to determine all premiums and

indemnities based on the information you submit on

the acreage report or upon the factual circumstances

we determine to have existed, subject to the

provisions contained in section 6(g).

(f) If you do not submit an acreage report by the acreage

reporting date, or if you fail to report all units, we may

elect to determine by unit the insurable crop acreage,

share, type and practice, or to deny liability on such

units. If we deny liability for the unreported units, your

share of any production from the unreported units will

be allocated, for loss purposes only, as production to

count to the reported units in proportion to the liability

on each reported unit. However, such production will

not be allocated to prevented planting acreage or

otherwise affect any prevented planting payment.

(g) You must provide all required reports and you are

responsible for the accuracy of all information

contained in those reports. You should verify the

information on all such reports prior to submitting

them to us.

(1) Except as provided in section 6(g)(2), if you

submit information on any report that is different

than what is determined to be correct and such

information results in:

(i) A lower liability than the actual liability

determined, the production guarantee or

amount of insurance on the unit will be

reduced to an amount consistent with the

reported information (In the event the

insurable acreage is under-reported for any

unit, all production or value from insurable

acreage in that unit will be considered

production or value to count in determining

the indemnity); or

(ii) A higher liability than the actual liability

determined, the information contained in the

acreage report will be revised to be

consistent with the correct information.

(2) If your share is misreported and the share is:

(i) Under-reported, any claim will be

determined using the share you reported; or

(ii) Over-reported, any claim will be determined

using the share we determine to be correct.

(h) If we discover you have incorrectly reported any

information on the acreage report for any crop year,

you may be required to provide documentation in

subsequent crop years substantiating your report of

acreage for those crop years, including, but not limited

to, an acreage measurement service at your own

expense. If the correction of any misreported

information would affect an indemnity, prevented

planting payment or replanting payment that was paid

in a prior crop year, such claim will be adjusted and

you will be required to repay any overpaid amounts.

(i) Errors in reporting units may be corrected by us at the

time of adjusting a loss to reduce our liability and to

conform to applicable unit division guidelines.

7. Annual Premium and Administrative Fees

(a) The annual premium is earned and payable at the

time coverage begins. You will be billed for the

premium and administrative fee not earlier than the

premium billing date specified in the Special

Provisions.

(b) Premium or administrative fees owed by you will be

offset from an indemnity or prevented planting

payment due you in accordance with section 2(e).

applicable, by either:

(1) Multiplying the production guarantee per acre

times your price election or your projected price,

as applicable, times the premium rate, times the

insured acreage, times your share at the time

(17 of 44)

coverage begins, and times any premium

adjustment percentages that may apply; or

(2) Multiplying your amount of insurance per acre

times the premium rate, times the insured

acreage, times your share at the time coverage

begins, and times any premium adjustment

percentages that may apply.

(d) The information needed to determine the premium

rate and any premium adjustment percentages that

may apply are contained in the actuarial documents

or an approved written agreement.

(e) In addition to the premium charged:

(1) You, unless otherwise authorized in 7 CFR part

400, must pay an administrative fee each crop

year of $30 per crop per county for all levels of

coverage in excess of catastrophic risk

protection.

(2) The administrative fee must be paid no later than

the time that premium is due.

(3) Payment of an administrative fee will not be

required if you file a bona fide zero acreage report

on or before the acreage reporting date for the

crop. If you falsely file a zero acreage report you

may be subject to criminal and administrative

sanctions.

(4) The administrative fee will be waived if you

request it and:

(i) You qualify as a beginning farmer or

rancher, or veteran farmer or rancher;

(ii) You qualify as a limited resource farmer; or

(iii) You were insured prior to the 2005 crop

year or for the 2005 crop year and your

administrative fee was waived for one or

more of those crop years because you

qualified as a limited resource farmer under

a policy definition previously in effect, and

you remain qualified as a limited resource

farmer under the definition that was in effect

at the time the administrative fee was

waived.

(5) Failure to pay the administrative fees when due

may make you ineligible for certain other USDA

benefits.

(f) If the amount of premium (gross premium less

premium subsidy paid on your behalf by FCIC) and

administrative fee you are required to pay for any

acreage exceeds the liability for the acreage,

coverage for those acres will not be provided (no

premium or administrative fee will be due and no

indemnity will be paid for such acreage).

(g) If you qualify as a beginning farmer or rancher, or

veteran farmer or rancher, your premium subsidy will

be 10 percentage points greater than the premium

subsidy that you would otherwise receive, unless

otherwise specified in the Special Provisions.

(h) You will be ineligible for any premium subsidy paid on

your behalf by FCIC for any policy issued by us if:

(1) USDA determines you have committed a violation

of the highly erodible land conservation or

wetland conservation provisions of 7 CFR part 12

as amended by the Agricultural Act of 2014; or

(2) You have not filed form AD-1026 with FSA for the

reinsurance year by the premium billing date.

(i) Notwithstanding section 7(h)(2), you may be

eligible for premium subsidy without having

a timely filed form AD-1026:

(A) For the initial reinsurance year if you

certify by the premium billing date for

your policy that you meet the

qualifications as outlined in FCIC

procedures for producers who are new

to farming, new to crop insurance, a

new entity, or have not previously been

required to file form AD-1026; or

(B) If FSA approves relief for failure to

timely file due to circumstances beyond

your control or failure to timely provide

adequate information to complete form

AD-1026 in accordance with the

provisions contained in 7 CFR part 12.

(ii) To be eligible for premium subsidy paid on

your behalf by FCIC, it is your responsibility

to assure you meet all the requirements for:

(A) Compliance with the conservation

provisions specified in section 7(h)(1) of

this section; and

(B) Filing form AD-1026 to be properly

identified as in compliance with the

conservation provisions specified in

section 7(h)(1) of this section.

8. Insured Crop

(a) The insured crop will be that shown on your accepted

application and as specified in the Crop Provisions or

Special Provisions and must be grown on insurable

acreage.

(b) A crop which will NOT be insured will include, but will

not be limited to, any crop:

(1) That is not grown on planted acreage (except for

the purposes of prevented planting coverage), or

that is a type, class or variety or where the

conditions under which the crop is planted are not

generally recognized for the area (For example,

where agricultural experts determine that planting

a non-irrigated corn crop after a failed small grain

crop on the same acreage in the same crop year

is not appropriate for the area);

(2) For which the information necessary for

insurance (price election, amount of insurance,

projected price and harvest price, as applicable,

premium rate, etc.) is not included in the actuarial

documents, unless such information is provided

by a written agreement in accordance with

section 18;

(3) That is a volunteer crop;

(4) Planted following the same crop on the same

acreage and the first planting of the crop has

been harvested in the same crop year unless

specifically permitted by the Crop Provisions or

the Special Provisions (For example, the second

planting of grain sorghum would not be insurable

if grain sorghum had already been planted and

harvested on the same acreage during the crop

year);

(18 of 44)

(5) That is planted for the development or production

of hybrid seed or for experimental purposes,

unless permitted by the Crop Provisions or by

written agreement to insure such crop; or

(6) That is used solely for wildlife protection or

management. If the lease states that specific

acreage must remain unharvested, only that

acreage is uninsurable. If the lease specifies that

a percentage of the crop must be left

unharvested, your share will be reduced by such

percentage.

crop type, class, variety or practice is not insurable, it

does not mean all other crop types, classes, varieties

or practices are insurable. To be insurable the crop

type, class, variety or practice must meet all the

conditions in this section.

9. Insurable Acreage

(a) All acreage planted to the insured crop in the county

in which you have a share:

(1) Except as provided in section 9(a)(2), is insurable

if the acreage has been planted and harvested or

insured (including insured acreage that was

prevented from being planted) in any one of the

three previous crop years. Acreage that has not

been planted and harvested (grazing is not

considered harvested for the purposes of section

9(a)(1)) or insured in at least one of the three

previous crop years may still be insurable if:

(i) Such acreage was not planted:

(A) In at least two of the three previous crop

years to comply with any other USDA

program;

(B) Due to the crop rotation, the acreage

would not have been planted in the

previous three years (e.g., a crop

rotation of corn, soybeans, and alfalfa;

and the alfalfa remained for four years

before the acreage was planted to corn

again); or

crop was on the acreage in at least two

of the previous three crop years;

(ii) Such acreage constitutes five percent or

less of the insured planted acreage in the

unit;

(iii) Such acreage was not planted or harvested

because it was pasture or rangeland, the

crop to be insured is also pasture or

rangeland, and the Crop Provisions, Special

Provisions, or a written agreement

specifically allow insurance for such

acreage; or

(iv) The Crop Provisions, Special Provisions, or

a written agreement specifically allow

insurance for such acreage; or

(2) Is not insurable if:

(i) The only crop that has been planted and

harvested on the acreage in the three

previous crop years is a cover, hay (except

wheat harvested for hay) or forage crop

(except insurable silage). However, such

acreage may be insurable only if:

(A) The crop to be insured is a hay or

forage crop and the Crop Provisions,

Special Provisions, or a written

agreement specifically allow insurance

for such acreage; or

(B) The hay or forage crop was part of a

crop rotation;

(ii) The acreage has been strip-mined.

However, such acreage may be insurable

only if:

(A) An agricultural commodity, other than a

cover, hay (except wheat harvested for

hay), or forage crop (except insurable

silage) has been harvested from the

acreage for at least five crop years after

the strip-mined land was reclaimed; or

(B) A written agreement specifically allows

insurance for such acreage;

(iii) The actuarial documents do not provide the

information necessary to determine the

premium rate, unless insurance is allowed

by a written agreement;

(iv) The insured crop is damaged and it is

practical to replant the insured crop, but the

insured crop is not replanted;

(v) The acreage is interplanted, unless

insurance is allowed by the Crop Provisions;

(vi) The acreage is otherwise restricted by the

Crop Provisions or Special Provisions;

(vii) The acreage is planted in any manner other

than as specified in the policy provisions for

the crop unless a written agreement

specifically allows insurance for such

planting;

(viii) The acreage is of a second crop, if you elect

not to insure such acreage when an

indemnity for a first insured crop may be

subject to reduction in accordance with the

provisions of section 15 and you intend to

collect an indemnity payment that is equal

to 100 percent of the insurable loss for the

first insured crop acreage. This election

must be made on a first insured crop unit

basis (e.g., if the first insured crop unit

contains 40 planted acres that may be

subject to an indemnity reduction, then no

second crop can be insured on any of the

40 acres). In this case:

(A) If the first insured crop is insured under

this policy, you must provide written

notice to us of your election not to

insure acreage of a second crop at the

time the first insured crop acreage is

released by us (if no acreage in the first

insured crop unit is released, this

election must be made by the earlier of

the acreage reporting date for the

second crop or when you sign the claim

for indemnity for the first insured crop)

or, if the first insured crop is insured

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under Area Risk Protection Insurance

(7 CFR part 407), this election must be

made before the second crop insured

under this policy is planted, and if you

fail to provide such notice, the second

crop acreage will be insured in

accordance with the applicable policy

provisions and you must repay any

overpaid indemnity for the first insured

crop;

(B) In the event a second crop is planted

and insured with a different insurance

provider, or planted and insured by a

different person, you must provide

written notice to each insurance

provider that a second crop was planted

on acreage on which you had a first

insured crop; and

will not be insured on the applicable

acreage report; or

(ix) The acreage is of a crop planted following a

second crop or following an insured crop

that is prevented from being planted after a

first insured crop, unless it is a practice that

is generally recognized by agricultural

experts or organic agricultural experts for

the area to plant three or more crops for

harvest on the same acreage in the same

crop year, and additional coverage

insurance provided under the authority of

the Act is offered for the third or subsequent

crop in the same crop year. Insurance will

only be provided for a third or subsequent

crop as follows:

(A) You must provide records acceptable to

us that show:

(1) You have produced and harvested

the insured crop following two other

crops harvested on the same

acreage in the same crop year in at

least two of the last four years in

which you produced the insured

crop; or

(2) The applicable acreage has had

three or more crops produced and

harvested on it in the same crop

year in at least two of the last four

years in which the insured crop was

grown on the acreage; and

(B) The amount of insurable acreage will

not exceed 100 percent of the greatest

number of acres for which you provide

the records required in section

9(a)(2)(ix)(A).

(b) If insurance is provided for an irrigated practice, you

must report as irrigated only that acreage for which

you have adequate facilities and adequate water, or

the reasonable expectation of receiving adequate

water at the time coverage begins, to carry out a good

irrigation practice. If you knew or had reason to know

that your water may be reduced before coverage

begins, no reasonable expectation exists.

acreage is irrigated and a premium rate is not

provided for an irrigated practice, you may either

report and insure the irrigated acreage as “non-

irrigated,” or report the irrigated acreage as not

insured (If you elect to insure such acreage under a

non-irrigated practice, your irrigated yield will only be

used to determine your approved yield if you continue

to use a good irrigation practice. If you do not use a

good irrigation practice, you will receive a yield

determined in accordance with section 3(h)(3)).

(d) We may restrict the amount of acreage that we will

insure to the amount allowed under any acreage

limitation program established by the United States

Department of Agriculture if we notify you of that

restriction prior to the sales closing date.

(e) Except as provided in section 9(f), and in accordance

with section 9(g), in the states of Iowa, Minnesota,

Montana, Nebraska, North Dakota, or South Dakota,

native sod acreage may be insured if the

requirements of section 9(a) have been met but will:

(1) Notwithstanding the provisions in section 3

regarding your production guarantee, receive a

production guarantee (per acre) that is based on

65 percent of the transitional yield for the county;

and

(2) For additional coverage policies, receive a

premium subsidy that is 50 percentage points

less than would otherwise be provided on

acreage not qualifying as native sod. If the

premium subsidy applicable to these acres is less

than 50 percent before the reduction, you will

receive no premium subsidy.

(f) Section 9(e) is not applicable to cumulative native sod

acreage that is five acres or less in the county.

(g) Section 9(e) is applicable during the first 4 crop years

of planting on native sod acreage that has been tilled

beginning on February 8, 2014, and ending on

December 20, 2018. Section 9(e) is applicable during

4 cumulative crop years of insurance within the first

10 crop years after initial tillage on native sod acreage

tilled after December 20, 2018.

10. Share Insured

(a) Insurance will attach:

(1) Only if the person completing the application has

a share in the insured crop; and

(2) Only to that person’s share, except that insurance

may attach to another person’s share of the

insured crop if the other person has a share of the

crop and:

(i) The application clearly states the insurance

is requested for a person other than an

individual (e.g., a partnership or a joint

venture); or

(ii) The application clearly states you as a

landlord will insure your tenant’s share, or

you as a tenant will insure your landlord’s

share. If you as a landlord will insure your

tenant’s share, or you as a tenant will insure

your landlord’s share, you must provide

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evidence of the other party’s approval

(lease, power of attorney, etc.) and such

evidence will be retained by us:

(A) You also must clearly set forth the

percentage shares of each person on

the acreage report; and

(B) For each landlord or tenant, you must

report the landlord’s or tenant’s social

security number, employer

identification number, or other

identification number we assigned for

the purposes of this policy, as

applicable.

(b) With respect to your share:

(1) We will consider to be included in your share

under your policy, any acreage or interest

reported by or for:

(i) Your spouse, unless such spouse can prove

he/she has a separate farming operation,

which includes, but is not limited to,

separate land (transfers of acreage from

one spouse to another is not considered

separate land), separate capital, separate

inputs, separate accounting, and separate

maintenance of proceeds; or

(ii) Your child who resides in your household or

any other member of your household,

unless such child or other member of the

household can demonstrate such person

has a separate share in the crop (Children

who do not reside in your household are not

included in your share); and

(2) If it is determined that the spouse, child or other

member of the household has a separate policy

but does not have a separate farming operation

or share of the crop, as applicable:

(i) The policy for one spouse or child or other

member of the household will be void and

the policy remaining in effect will be

determined in accordance with section

22(a)(1) and (2);

(ii) The acreage or share reported under the

policy that is voided will be included under

the remaining policy; and

(iii) No premium will be due and no indemnity

will be paid for the voided policy.

lease containing provisions for BOTH a minimum

payment (such as a specified amount of cash,

bushels, pounds, etc.,) AND a crop share will be

considered a crop share lease.

(d) Acreage rented for cash, or a lease containing

provisions for EITHER a minimum payment OR a

crop share (such as a 50/50 share or $100.00 per

acre, whichever is greater) will be considered a

cash lease.

11. Insurance Period

(a) Except for prevented planting coverage (see section

17), coverage begins on each unit or part of a unit at

the later of:

(1) The date we accept your application (For the

purposes of this paragraph, the date of

acceptance is the date that you submit a properly

executed application in accordance with section

2);

(2) The date the insured crop is planted; or

(3) The calendar date contained in the Crop

Provisions for the beginning of the insurance

period.

(b) Coverage ends on each unit or part of a unit at the

earliest of:

(1) Total destruction of the insured crop;

(2) Harvest of the insured crop;

(3) Final adjustment of a loss on a unit;

(4) The calendar date contained in the Crop

Provisions or Special Provisions for the end of the

insurance period;

(5) Abandonment of the insured crop; or

(6) As otherwise specified in the Crop Provisions.

applicable endorsement, in addition to the

requirements of section 11(b), coverage ends on any

acreage within a unit once any event specified in

section 11(b) occurs on that acreage. Coverage only

remains in effect on acreage that has not been

affected by an event specified in section 11(b).

12. Causes of Loss

Insurance is provided only to protect against unavoidable,

naturally occurring events. A list of the covered naturally

occurring events is contained in the applicable Crop

Provisions. All other causes of loss, including but not

limited to the following, are NOT covered:

(a) Any act by any person that affects the yield, quality or

price of the insured crop (e.g., chemical drift, fire,

terrorism, etc.);

(b) Failure to follow recognized good farming practices

for the insured crop;

designed to contain a specific amount of water, such

as dams, locks or reservoir projects, etc., on any

acreage when such water stays within the designed

limits (For example, a dam is designed to contain

water to an elevation of 1,200 feet but you plant a crop

on acreage at an elevation of 1,100 feet. A storm

causes the water behind the dam to rise to an

elevation of 1,200 feet. Under such circumstances,

the resulting damage would not be caused by an

insurable cause of loss. However, if you planted on

acreage that was above 1,200 feet elevation, any

damage caused by water that exceeded that elevation

would be caused by an insurable cause of loss);

(d) Failure or breakdown of the irrigation equipment or

facilities, or the inability to prepare the land for

irrigation using your established irrigation method

(e.g., furrow irrigation), unless the failure, breakdown

or inability is due to a cause of loss specified in the

Crop Provisions.

(1) You must make all reasonable efforts to restore

the equipment or facilities to proper working order

within a reasonable amount of time unless we

determine it is not practical to do so.

(2) Cost will not be considered when determining

whether it is practical to restore the equipment or

facilities;

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(e) Failure to carry out a good irrigation practice for the

insured crop, if applicable; or

(f) Any cause of loss that results in damage that is not

evident or would not have been evident during the

insurance period, including, but not limited to, damage

that only becomes evident after the end of the

insurance period unless expressly authorized in the

Crop Provisions. Even though we may not inspect the

damaged crop until after the end of the insurance

period, damage due to insured causes that would

have been evident during the insurance period will be

covered.

13. Replanting Payment

(a) If allowed by the Crop Provisions, a replanting

payment may be made on an insured crop replanted

after we have given consent and the acreage

replanted is at least the lesser of 20 acres or 20

percent of the insured planted acreage for the unit (as

determined on the final planting date or within the late

planting period if a late planting period is applicable).

If the crops to be replanted are in a whole-farm unit,

the 20 acres or 20 percent requirement is to be

applied separately to each crop to be replanted in the

whole-farm unit.

(b) No replanting payment will be made on acreage:

(1) On which our appraisal establishes that

production will exceed the level set by the Crop

Provisions;

(2) Initially planted prior to the earliest planting date

established by the Special Provisions; or

(3) On which one replanting payment has already

been allowed for the crop year.

(1) The lesser of your actual cost for replanting or the

amount specified in the Crop Provisions or

Special Provisions; or

(2) If the Crop Provisions or Special Provisions

specify that your actual cost will not be used to

determine your replanting payment, the amount

determined in accordance with the Crop

Provisions or Special Provisions.

(d) No replanting payment will be paid if we determine it

is not practical to replant.

14. Duties in the Event of Damage, Loss, Abandonment,

Destruction, or Alternative Use of Crop or Acreage

Your Duties -

(a) In the case of damage or loss of production or

revenue to any insured crop, you must protect the

crop from further damage by providing sufficient care.

(b) You must provide a notice of loss in accordance with

this section. Notice provisions:

(1) For a planted crop, when there is damage or loss

of production, you must give us notice, by unit,

within 72 hours of your initial discovery of damage

or loss of production (but not later than 15 days

after the end of the insurance period, even if you

have not harvested the crop).

(2) For crops for which revenue protection is elected,

if there is no damage or loss of production, you

must give us notice not later than 45 days after

the latest date the harvest price is released for

any crop in the unit where there is a revenue loss.

(3) In the event you are prevented from planting an

insured crop that has prevented planting

coverage, you must notify us within 72 hours

after:

(i) The final planting date, if you do not intend

to plant the insured crop during the late

planting period or if a late planting period is

not applicable; or

(ii) You determine you will not be able to plant

the insured crop within any applicable late

planting period.

(4) All notices required in this section that must be

received by us within 72 hours may be made by

telephone or in person to your crop insurance

agent but must be confirmed in writing within 15

days.

(5) If you fail to submit a notice of loss in accordance

with these notice provisions, any loss or

prevented planting claim will be considered solely

due to an uninsured cause of loss for the acreage

for which such failure occurred, unless we

determine that we have the ability to accurately

adjust the loss. If we determine that we do not

have the ability to accurately adjust the loss:

(i) For any prevented planting claim, no

prevented planting coverage will be

provided and no premium will be owed or

prevented planting payment will be paid; or

(ii) For any claim for indemnity, no indemnity

will be paid but you will still be required to

pay all premiums owed.

(6) You must give us notice in accordance with

section 36(a)(3) to replace post-quality actual

yields for previous crop years.

(1) If representative samples are required by the

Crop Provisions, you must leave representative

samples of the unharvested crop intact:

(i) If you report damage less than 15 days

before the time you will begin harvest or

during harvest of the damaged unit; or

(ii) At any time when required by us.

(2) The samples must be left intact until we inspect

them or until 15 days after completion of harvest

on the remainder of the unit, whichever is earlier.

(3) Unless otherwise specified in the Crop Provisions

or Special Provisions, the samples of the crop in

each field in the unit must be 10 feet wide and

extend the entire length of the rows, if the crop is

planted in rows, or if the crop is not planted in

rows, the longest dimension of the field.

(4) The period to retain representative samples may

be extended if it is necessary to accurately

determine the loss. You will be notified in writing

of any such extension.

(d) Consent:

(1) You must obtain consent from us before, and

notify us after you:

(i) Destroy any of the insured crop that is not

harvested;

(ii) Put the insured crop to an alternative use;

(iii) Put the acreage to another use; or

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(iv) Abandon any portion of the insured crop.

(2) We will not give consent for any of the actions in

section 14(d)(1)(i) through (iv) if it is practical to

replant the crop or until we have made an

appraisal of the potential production of the crop.

(3) Failure to obtain our consent will result in the

assignment of an amount of production or value

to count in accordance with the Settlement of

Claim provisions of the applicable Crop

Provisions.

(e) Claims:

(1) Except as otherwise provided in your policy, you

must submit a claim declaring the amount of your

loss by the dates shown in section 14(e)(3),

unless you:

(i) Request an extension in writing by such

date and we agree to such request

(Extensions will only be granted if the

amount of the loss cannot be determined

within such time period because the

information needed to determine the

amount of the loss is not available); or

(ii) Have harvested farm-stored production and

elect, in writing, to delay measurement of

your farm-stored production and settlement

of any potential associated claim for

indemnity as allowed by the Special

Provisions (Extensions will be granted for

this purpose up to 180 days after the end of

the insurance period).

(A) For policies that require APH, if such

extension continues beyond the date

you are required to submit your

production report, you will be assigned

the previous year’s approved yield as a

temporary yield in accordance with

applicable procedures.

(B) Any extension does not extend any

date specified in the policy by which

premiums, administrative fees, or other

debts owed must be paid.

insurance period (for example, while

the harvested crop production is in

storage) is not covered; and

(2) Failure to timely submit a claim or provide the

required information necessary to determine the

amount of the claim will result in no indemnity,

prevented planting payment or replanting

payment:

(i) Even though no indemnity or replanting

payment is due, you will still be required to

pay the premium due under the policy for

the unit; or

(ii) Failure to timely submit a prevented planting

claim will result in no prevented planting

coverage and no premium will be due.

(3) You must submit a claim not later than:

(i) For policies other than revenue protection,

60 days after the date the insurance period

ends for all acreage in the unit (When there

is acreage in the unit where the insurance

period ended on different dates, it is the last

date the insurance period ends on the unit.

For example, if a unit has corn acreage that

was put to another use on July 15 and corn

acreage where harvest was completed on

September 30, the claim must be submitted

not later than 60 days after September 30);

(ii) For revenue protection, the later of:

(A) 60 days after the last date the harvest

price is released for any crop in the unit;

(B) The date determined in accordance

with section 14(e)(3)(i).

(4) To receive any indemnity (or receive the rest of

an indemnity in the case of acreage that is

planted to a second crop), prevented planting

payment or replanting payment, you must, if

applicable:

(i) Provide:

(A) A complete harvesting, production, and

marketing record of each insured crop

by unit including separate records

showing the same information for

production from any acreage not

insured.

(B) Records as indicated below if you

insure any acreage that may be subject

to an indemnity reduction as specified

in section 15(e)(2):

(1) Separate records of production

from such acreage for all insured

crops planted on the acreage (e.g.,

if you have an insurable loss on 10

acres of wheat and subsequently

plant cotton on the same 10 acres,

you must provide records of the

wheat and cotton production on the

10 acres separate from any other

wheat and cotton production that

may be planted in the same unit).

If you fail to provide separate

records for such acreage, we will

allocate the production of each

crop to the acreage in proportion to

our liability for the acreage; or

(2) If there is no loss on the unit that

includes acreage of the second

crop, no separate records need to

be submitted for the second crop

and you can receive the rest of the

indemnity for the first insured crop.

settle the claim.

(ii) Cooperate with us in the investigation or

settlement of the claim, and, as often as we

reasonably require:

(A) Show us the damaged crop;

(B) Allow us to remove samples of the

insured crop; and

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we request and permit us to make

copies.

(iii) Establish:

(A) The total production or value received

for the insured crop on the unit;

(B) That any loss occurred during the

insurance period;

more of the insured causes specified in

the Crop Provisions; and

(D) That you have complied with all

provisions of this policy.

(iv) Upon our request, or that of any USDA

employee authorized to conduct

investigations of the crop insurance program,

submit to an examination under oath.

(5) Failure to comply with any requirement contained

in section 14(e)(4) will result in denial of the claim

and any premium will still be owed, unless the

claim denied is for prevented planting.

Our Duties -

(f) If you have complied with all the policy provisions, we

will pay your loss within 30 days after the later of:

(1) We reach agreement with you;

(2) Completion of arbitration, reconsideration of

determinations regarding good farming practices

or any other appeal that results in an award in

your favor, unless we exercise our right to appeal

such decision;

(3) Completion of any investigation by USDA, if

applicable, of your current or any past claim for

indemnity if no evidence of wrongdoing has been

found (If any evidence of wrongdoing has been

discovered, the amount of any indemnity,

prevented planting or replant overpayment as a

result of such wrongdoing may be offset from any

indemnity or prevented planting payment owed to

you); or

(4) The entry of a final judgment by a court of

competent jurisdiction.

(g) In the event we are unable to pay your loss within 30

days, we will give you notice of our intentions within

the 30-day period.

(h) We may defer the adjustment of a loss until the

amount of loss can be accurately determined. We will

not pay for additional damage resulting from your

failure to provide sufficient care for the crop during the

deferral period.

(i) We recognize and apply the loss adjustment

procedures established or approved by the Federal

Crop Insurance Corporation.

(j) For revenue protection, we may make preliminary

indemnity payments for crop production losses prior

to the release of the harvest price if you have not

elected the harvest price exclusion.

(1) First, we may pay an initial indemnity based upon

your projected price, in accordance with the

applicable Crop Provisions provided that your

production to count and share have been

established; and

(2) Second, after the harvest price is released, and if

it is not equal to the projected price, we will

recalculate the indemnity payment and pay any

additional indemnity that may be due.

15. Production Included in Determining an Indemnity and

Payment Reductions

(a) The total production to be counted for a unit will

include all production determined in accordance with

the policy.

(b) Appraised production will be used to calculate your

claim if you are not going to harvest your acreage.

Such appraisals may be conducted after the end of

the insurance period. If you harvest the crop after the

crop has been appraised:

(1) You must provide us with the amount of

harvested production (If you fail to provide

verifiable records of harvested production, no

indemnity will be paid and you will be required to

return any previously paid indemnity for the unit

that was based on an appraised amount of

production); and

(2) If the harvested production exceeds the

appraised production, claims will be adjusted

using the harvested production, and you will be

required to repay any overpaid indemnity; or

(3) If the harvested production is less than the

appraised production, and:

(i) You harvest after the end of the insurance

period, your appraised production will be

used to adjust the loss unless you can prove

that no additional causes of loss or

deterioration of the crop occurred after the

end of the insurance period; or

(ii) You harvest before the end of the insurance

period, your harvested production will be

used to adjust the loss.

of loss and the insured crop is damaged by hail or fire,

appraisals will be made as described in our form used

to exclude hail and fire.

(d) The amount of an indemnity that may be determined

under the applicable provisions of your policy may be

reduced by an amount, determined in accordance

with the Crop Provisions or Special Provisions, to

reflect out-of-pocket expenses that were not incurred

by you as a result of not planting, caring for, or

harvesting the crop. Indemnities paid for acreage

prevented from being planted will be based on a

reduced guarantee as provided for in the policy and

will not be further reduced to reflect expenses not

incurred.

(e) With respect to acreage where you have suffered an

insurable loss to planted acreage of your first insured

crop in the crop year, except in the case of double

cropping described in section 15(h):

(1) You may elect to not plant or to plant and not

insure a second crop on the same acreage for

harvest in the same crop year and collect an

indemnity payment that is equal to 100 percent of

the insurable loss for the first insured crop; or

(2) You may elect to plant and insure a second crop

on the same acreage for harvest in the same crop

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year (you will pay the full premium and, if there is

an insurable loss to the second crop, receive the

full amount of indemnity that may be due for the

second crop, regardless of whether there is a

subsequent crop planted on the same acreage)

and:

(i) Collect an indemnity payment that is 35

percent of the insurable loss for the first

insured crop;

(ii) Be responsible for premium that is 35

percent of the premium that you would

otherwise owe for the first insured crop; and

(iii) If the second crop does not suffer an

insurable loss:

(A) Collect an indemnity payment for the

other 65 percent of insurable loss that

was not previously paid under section

15(e)(2)(i); and

(B) Be responsible for the remainder of the

premium for the first insured crop that

you did not pay under section

15(e)(2)(ii).

(f) With respect to acreage where you were prevented

from planting the first insured crop in the crop year,

except in the case of double cropping described in

section 15(h):

(1) If a second crop is not planted on the same

acreage for harvest in the same crop year, you

may collect a prevented planting payment that is

equal to 100 percent of the prevented planting

payment for the acreage for the first insured crop;

(2) If a second crop is planted on the same acreage

for harvest in the same crop year (you will pay the

full premium and, if there is an insurable loss to

the second crop, receive the full amount of

indemnity that may be due for the second crop,

regardless of whether there is a subsequent crop

planted on the same acreage) and:

(i) Provided the second crop is not planted on

or before the final planting date or during the

late planting period (as applicable) for the

first insured crop, you may collect a

prevented planting payment that is 35

percent of the prevented planting payment

for the first insured crop; and

(ii) Be responsible for premium that is 35

percent of the premium that you would

otherwise owe for the first insured crop.

(g) The reduction in the amount of indemnity or prevented

planting payment and premium specified in sections

15(e) and 15(f), as applicable, will apply:

(1) Notwithstanding the priority contained in the

Agreement to Insure section, which states that

the Crop Provisions have priority over the Basic

Provisions when a conflict exists, to any premium

owed or indemnity or prevented planting payment

made in accordance with the Crop Provisions,

and any applicable endorsement.

(2) Even if another person plants the second crop on

any acreage where the first insured crop was

planted or was prevented from being planted, as

applicable.

(3) To a prevented planting payment if a cover crop

that is planted after the late planting period (or

after the final planting date if a late planting period

is not applicable) is harvested for grain or seed by

you or another person, at any time.

(h) You may receive a full indemnity, or a full prevented

planting payment for a first insured crop when a

second crop is planted on the same acreage in the

same crop year, if each of the following conditions are

met, regardless of whether or not the second crop is

insured or sustains an insurable loss:

(1) Planting two or more crops for harvest in the

same crop year in the area is generally

recognized by agricultural experts or organic

agricultural experts;

(2) The second or more crops are customarily

planted after the first insured crop for harvest on

the same acreage in the same crop year in the

area;

(3) Additional coverage insurance offered under the

authority of the Act is available in the county on

the two or more crops that are double cropped;

(4) In the case of prevented planting, the second

crop is not planted on or prior to the final planting

date or, if applicable, prior to the end of the late

planting period for the first insured crop;

(5) You provide records, acceptable to us, of acreage

and production specific to the double cropped

acreage proving that:

(i) You have double cropped acreage in at

least 2 of the last 4 crop years in which the

first insured crop was grown; or

(ii) The applicable acreage was double

cropped (by one or more other producers,

and the producer(s) will allow you to use

their records) for at least two of the last four

crop years in which the first insured crop

was grown on it; and

(6) If you do not have records of acreage and

production specific to the double cropped

acreage, as required in section 15(h)(5), but

instead have records that combine production

from acreage you double cropped with records of

production from acreage you did not double crop,

we will allocate the first and second crop

production to the specific acreage in proportion to

the liability for the acreage that was and was not

double cropped.

(7) With respect to double cropped acreage for which

one of the crops you have double cropped is

insured under a plan of insurance not covered

under these Basic Provisions, each insured crop

must follow its own Basic Provisions, Crop

Provisions, and Special Provisions to determine

if the double cropping requirements have been

met. If the double cropping requirements in the

applicable Basic Provisions, Crop Provisions, or

Special Provisions have not been met for each

insured crop, section 15(e) of these Basic

Provisions applies.

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(i) If you provided acceptable records in accordance with

section 15(h), your double cropping history is limited

to the highest number of acres double cropped within

the applicable 4-year period as determined in section

15(h)(5):

(1) If the records you provided are from acreage you

double cropped in at least two of the last four crop

years, you may apply your history of double

cropping to any acreage of the insured crop in the

county (for example, you have 100 cropland

acres in the county and have double cropped

wheat and soybeans on all 100 acres in the

county and you acquire an additional 100 acres

in the county, you can apply your history of 100

double cropped acres to any of the 200 acres in

the county); or

(2) If the records you provided are from acreage that

one or more other producers double cropped in

at least two of the last four crop years, you may

only use the history of double cropping for the

same physical acres from which double cropping

records were provided (e.g., if a neighbor has

double cropped 100 acres of wheat and

soybeans in the county and you acquire your

neighbor’s 100 double cropped acres and an

additional 100 acres in the county, you can only

apply your neighbor’s history of double cropped

acreage to the same 100 acres that your neighbor

double cropped).

(3) If you acquired additional land for the current crop

year and the following calculation results in a

greater number of double cropping acres than

determined in the introductory paragraph of

section 15(i), you may apply the percentage of

acres that you have previously double cropped to

the total cropland acres that you are farming this

year (if greater):

(i) Determine the number of acres of the first

insured crop that were double cropped in

each of the years for which double cropping

records are provided (for example, records

are provided showing: 100 acres of wheat

planted in 2019 and 50 of those acres were

double cropped with soybeans; and 100

acres of wheat planted in 2020 and 70 of

those acres were double cropped with

soybeans);

(ii) Divide each result of section 15(i)(3)(i) by

the number of acres of the first insured crop

that were planted in each respective year (in

the example in section 15(i)(3)(i), 50 divided

by 100 equals 50 percent of the first insured

crop acres that were double cropped in

2019 and 70 divided by 100 equals 70

percent of the first insured crop acres that

were double cropped in 2020);

(iii) Add the results of section 15(i)(3)(ii) and

divide by the number of years the first

insured crop was double cropped (in the

example in section 15(i)(3)(i), 50 plus 70

equals 120 divided by 2 equals 60 percent);

and

(iv) Multiply the result of section 15(i)(3)(iii) by

the number of insured acres of the first

insured crop (in the example in section

15(i)(3)(i), 60 percent multiplied by the

number of wheat acres insured in 2021);

(j) If any Federal or State agency requires destruction of

any insured crop or crop production, as applicable,

because it contains levels of a substance, or has a

condition, that is injurious to human or animal health

in excess of the maximum amounts allowed by the

Food and Drug Administration, other public health

organizations of the United States or an agency of the

applicable State, you must destroy the insured crop or

crop production, as applicable, and certify that such

insured crop or crop production has been destroyed

prior to receiving an indemnity payment. Failure to

destroy the insured crop or crop production, as

applicable, will result in you having to repay any

indemnity paid and you may be subject to

administrative sanctions in accordance with section

515(h) of the Act and 7 CFR part 400, subpart R, and

any applicable civil or criminal sanctions.

16. Late Planting

Unless limited by the Crop Provisions, insurance will be

provided for acreage planted to the insured crop after the

final planting date in accordance with the following:

(a) The production guarantee or amount of insurance for

each acre planted to the insured crop during the late

planting period will be reduced by 1 percent per day

for each day planted after the final planting date.

(b) Acreage planted after the late planting period (or after

the final planting date for crops that do not have a late

planting period) may be insured as follows:

(1) The production guarantee or amount of insurance

for each acre planted as specified in this

subsection will be determined by multiplying the

production guarantee or amount of insurance that

is provided for acreage of the insured crop that is

timely planted by the prevented planting

coverage level percentage you elected, or that is

contained in the Crop Provisions if you did not

elect a prevented planting coverage level

percentage;

(2) Planting on such acreage must have been

prevented by the final planting date (or during the

late planting period, if applicable) by an insurable

cause occurring within the insurance period for

prevented planting coverage; and

(3) All production from insured acreage as specified

in this section will be included as production to

count for the unit.

in this section will be the same as that for timely

planted acreage. If the amount of premium you are

required to pay (gross premium less our subsidy) for

such acreage exceeds the liability, coverage for those

acres will not be provided (no premium will be due and

no indemnity will be paid).

(d) Any acreage on which an insured cause of loss is a

material factor in preventing completion of planting, as

specified in the definition of “planted acreage” (e.g.,

seed is broadcast on the soil surface but cannot be

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incorporated) will be considered as acreage planted

after the final planting date and the production

guarantee will be calculated in accordance with

section 16(b)(1).

17. Prevented Planting

(a) Unless limited by the policy provisions, a prevented

planting payment may be made to you for eligible

acreage if:

(1) You are prevented from planting the insured crop

on insurable acreage by an insured cause of loss

that occurs:

(i) On or after the sales closing date contained

in the Special Provisions for the insured

crop in the county for the crop year the

application for insurance is accepted; or

(ii) For any subsequent crop year, on or after

the sales closing date for the previous crop

year for the insured crop in the county,

provided insurance has been in force

continuously since that date. Cancellation

for the purpose of transferring the policy to

a different insurance provider for the

subsequent crop year will not be considered

a break in continuity for the purpose of the

preceding sentence;

(2) You include on your acreage report any insurable

acreage of the insured crop that was prevented

from being planted; and

(3) You did not plant the insured crop during or after

the late planting period. Acreage planted to the

insured crop during or after the late planting

period is covered under the late planting

provisions.

(b) The actuarial documents may contain additional

levels of prevented planting coverage that you may

purchase for the insured crop:

(1) Such purchase must be made on or before the

sales closing date.

(2) If you do not purchase one of those additional

levels by the sales closing date, you will receive

the prevented planting coverage specified in the

Crop Provisions.

(3) If you have a Catastrophic Risk Protection

Endorsement for any crop, the additional levels of

prevented planting coverage will not be available

for that crop.

(4) You cannot increase your elected or assigned

prevented planting coverage level for any crop

year if a cause of loss that could prevent planting

(even though it is not known whether such cause

will actually prevent planting) has occurred during

the prevented planting insurance period specified

in section 17(a)(1)(i) or (ii) and prior to your

request to change your prevented planting

coverage level.

from being planted will be the same as that for timely

planted acreage except as specified in section 15(f).

If the amount of premium you are required to pay

(gross premium less the subsidy) for acreage that is

prevented from being planted exceeds the liability on

such acreage, coverage for those acres will not be

provided (no premium will be due and no indemnity

will be paid for such acreage).

(d) Prevented planting coverage will be provided against:

(1) Drought, failure of the irrigation water supply,

failure or breakdown of irrigation equipment or

facilities, or the inability to prepare the land for

irrigation using your established irrigation

method, due to an insured cause of loss only if,

on the final planting date (or within the late

planting period if you elect to try to plant the crop),

you provide documentation acceptable to us to

establish:

(i) For non-irrigated acreage, the area that is

prevented from being planted has

insufficient soil moisture for germination of

seed or progress toward crop maturity due

to a prolonged period of dry weather. The

documentation for prolonged period of dry

weather must be verifiable using information

collected by sources whose business it is to

record and study the weather, including, but

not limited to, local weather reporting

stations of the National Weather Service; or

(ii) For irrigated acreage:

(A) Due to an insured cause of loss, there

is not a reasonable expectation of

having adequate water to carry out an

irrigated practice or you are unable to

prepare the land for irrigation using your

established irrigation method:

(1) If you knew or had reason to know

on the final planting date or during

the late planting period that your

water will be reduced, no

reasonable expectation exists; and

(2) Available water resources will be

verified using information from

State Departments of Water

Resources, U.S. Bureau of

Reclamation, Natural Resources

Conservation Service or other

sources whose business includes

collection of water data or

regulation of water resources; or

(B) The irrigation equipment or facilities

have failed or broken down if such

failure or breakdown is due to an

insured cause of loss specified in

section 12(d).

(2) Causes other than drought, failure of the irrigation

water supply, failure or breakdown of the

irrigation equipment or facilities, or your inability

to prepare the land for irrigation using your

established irrigation method, provided the cause

of loss is specified in the Crop Provisions.

However, if it is possible for you to plant on or

prior to the final planting date when other

producers in the area are planting and you fail to

plant, no prevented planting payment will be

made.

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(e) The maximum number of acres that may be eligible

for a prevented planting payment for any crop will be

determined as follows:

(1) The total number of acres eligible for prevented

planting coverage for all crops cannot exceed the

number of acres of cropland in your farming

operation for the crop year, unless you are

eligible for prevented planting coverage on

double cropped acreage in accordance with

section 17(f)(4). The eligible acres for each

insured crop will be determined as follows:

(i) If you have planted any crop in the county

for which prevented planting insurance was

available (you will be considered to have

planted if your APH database contains

actual planted acres) or have received a

prevented planting insurance guarantee in

any one or more of the four most recent crop

years, and the insured crop is not required

to be contracted with a processor to be

insured, unless you qualify for the exception

in section 17(e)(1)(ii)(E):

(A) The number of eligible acres will be the

maximum number of acres certified for

APH purposes, or insured acres

reported, for the crop in any one of the

four most recent crop years (not

including reported prevented planting

acreage that was planted to a second

crop unless you meet the double

cropping requirements in section

17(f)(4)).

(B) If you acquire additional land for the

current crop year, the number of eligible

acres determined in section

17(e)(1)(i)(A) for a crop may be

increased by multiplying it by the ratio

of the total cropland acres that you are

farming this year (if greater) to the total

cropland acres that you farmed in the

previous year, provided that:

(1) You submit proof to us that you

acquired additional acreage for the

current crop year by any of the

methods specified in section

17(f)(12);

(2) The additional acreage was

acquired in time to plant it for the

current crop year using good

farming practices; and

(3) No cause of loss has occurred at

the time you acquire the acreage

that may prevent planting (except

acreage you leased the previous

year and continue to lease in the

current crop year).

to your existing non-irrigated acreage or

if you acquire additional land for the

current crop year that has adequate

irrigation facilities, the number of

eligible acres determined in section

17(e)(1)(i)(A) for irrigated acreage of a

crop may be increased by multiplying it

by the ratio of the total irrigated acres

that you are farming this year (if

greater) to the total irrigated acres that

you farmed in the previous year,

provided the conditions in sections

17(e)(1)(i)(B)(1), (2) and (3) are met. If

there were no irrigated acres in the

previous year, the eligible irrigated

acres for a crop will be limited to the

lesser of the number of eligible non-

irrigated acres of the crop or the

number of acres on which adequate

irrigation facilities were added.

(ii) If you have not planted any crop in the

county for which prevented planting

insurance was available (you will be

considered to have planted if your APH

database contains actual planted acres) or

have not received a prevented planting

insurance guarantee in all of the four most

recent crop years, and the insured crop is

not required to be contracted with a

processor to be insured:

(A) The number of eligible acres will be:

(1) The number of acres specified on

your intended acreage report,

which must be submitted to us by

the sales closing date for all crops

you insure for the crop year and

that is accepted by us; or

(2) The number of acres specified on

your intended acreage report,

which must be submitted to us

within 10 days of the time you

acquire the acreage and that is

accepted by us, if, on the sales

closing date, you do not have any

acreage in a county and you

subsequently acquire acreage

through a method described in

section 17(f)(12) in time to plant it

using good farming practices.

(B) The total number of acres listed on the

intended acreage report may not

exceed the number of acres of cropland

in your farming operation at the time

you submit the intended acreage report.

we accept your intended acreage

report, the number of acres determined

in section 17(e)(1)(ii)(A) may be

increased in accordance with section

17(e)(1)(i)(B) and (C).

(D) Prevented planting coverage will not be

provided for any acreage included on

the intended acreage report or any

increased amount of acreage

determined in accordance with section

17(e)(1)(ii)(C) if a cause of loss that

may prevent planting occurred before

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the acreage was acquired, as

determined by us.

(E) If you were eligible to file an intended

acreage report the first crop year, you

may file an intended acreage report for

the second crop year. If you choose to

file an intended acreage report for the

second crop year, the number of

eligible acres will be the number of

acres specified on your intended

acreage report and not the number of

eligible acres determined in

accordance with section 17(e)(1)(i).

(F) You cannot file an intended acreage

report more than 2 consecutive crop

years.

(iii) For any crop that must be contracted with a

processor to be insured:

(A) The number of eligible acres will be:

(1) The number of acres of the crop

specified in the processor contract,

if the contract specifies a number of

acres contracted for the crop year;

(2) The result of dividing the quantity of

production stated in the processor

contract by your approved yield, if

the processor contract specifies a

quantity of production that will be

accepted (for the purposes of

establishing the number of

prevented planting acres, any

reductions applied to the

transitional yield for failure to certify

acreage and production for four

prior years will not be used); or

(3) Notwithstanding sections

17(e)(1)(iii)(A)(1) and (2), if a

minimum number of acres or

amount of production is specified in

the processor contract, this amount

will be used to determine the

eligible acres.

(B) If a processor cancels or does not

provide contracts, or reduces the

contracted acreage or production from

what would have otherwise been

allowed, solely because the acreage

was prevented from being planted due

to an insured cause of loss, we will

determine the number of eligible acres

based on the number of acres or

amount of production you had

contracted in the county in the previous

crop year. If the applicable Crop

Provisions require that the price

election be based on a contract price,

and a contract is not in force for the

current year, the price election will be

based on the contract price in place for

the previous crop year. If you did not

have a processor contract in place for

the previous crop year, you will not

have any eligible prevented planting

acreage for the applicable processor

crop. The total eligible prevented

planting acres in all counties cannot

exceed the total number of acres or

amount of production contracted in all

counties in the previous crop year.

acreage or production for the current

crop year is reduced, for a reason not

solely due to the acreage being

prevented from being planted, or you

have no contracted acreage for the

current crop year, and the reduction or

lack of contract results in no remaining

eligible acres to use on your total

cropland acres in the county:

(1) You must first exhaust all other

eligible acres;

(2) The number of eligible acres for the

contracted crop will be determined

based on the number of acres or,

amount of production you

contracted in the county in the

previous crop year, less the current

year’s contracted acreage or

production, if applicable;

(3) The prevented planting payment

and premium will be calculated in

accordance with section 17(h)(2);

(4) If you did not have a processor

contract in place for the previous

crop year, no eligible contracted

acreage exists for this purpose.

(2) Any eligible acreage determined in accordance

with section 17(e)(1) will be reduced by

subtracting the number of acres of the crop

(insured and uninsured) that are timely and late

planted, including acreage specified in section

16(b), unless your first insured crop failed and

you plant an uninsured second crop on the same

acres within the same crop year, the acres for the

uninsured second crop will not be subtracted from

the eligible prevented planting acreage.

(f) Regardless of the number of eligible acres

determined in section 17(e), prevented planting

coverage will not be provided for any acreage:

(1) That does not constitute at least 20 acres or 20

percent of the insurable crop acreage in the unit,

whichever is less (If the crop is in a whole-farm

unit, the 20 acre or 20 percent requirement will be

applied separately to each crop in the whole-farm

unit). Any prevented planting acreage within a

field that contains planted acreage will be

considered acreage of the same crop, type, and

practice that is planted in the field unless:

(i) The acreage that was prevented from being

planted constitutes at least 20 acres or 20

percent of the total insurable acreage in the

field and you produced both crops, crop

types, or followed both practices in the

same field in the same crop year within any

one of the four most recent crop years;

(ii) You were prevented from planting a first

insured crop and you planted a second crop

(29 of 44)

in the field (There can only be one first

insured crop in a field unless the

requirements in section 17(f)(1)(i) or (iii) are

met);

(iii) The insured crop planted in the field would

not have been planted on the remaining

prevented planting acreage (e.g., where

due to Crop Provisions, Special Provisions,

or processor contract specifications rotation

requirements would not be met, or you

already planted the total number of acres

specified in the processor contract); or

(iv) The acreage that was prevented from being

planted constitutes at least 20 acres or 20

percent of the total insurable acreage in the

field and you provide proof that you

intended to plant another crop, crop type, or

follow both practices on the acreage

(including, but not limited to inputs

purchased, applied or available to apply, or

that acreage was part of a crop rotation).

(2) For which the actuarial documents do not provide

the information needed to determine the premium

rate, unless a written agreement designates such

premium rate;

(3) Used for conservation purposes, intended to be

left unplanted under any program administered

by the USDA or other government agency, or

required to be left unharvested under the terms of

the lease or any other agreement (The number of

acres eligible for prevented planting will be limited

to the number of acres specified in the lease for

which you are required to pay either cash or

share rent);

(4) On which the insured crop is prevented from

being planted, if you or any other person receives

a prevented planting payment for any crop for the

same acreage in the same crop year, excluding

share arrangements, unless:

(i) It is a practice that is generally recognized

by agricultural experts or organic

agricultural experts in the area to plant the

insured crop for harvest following harvest of

the first insured crop, and additional

coverage insurance offered under the

authority of the Act is available in the county

for both crops in the same crop year;

(ii) For the insured crop that is prevented from

being planted, you provide records

acceptable to us of acreage and production

that show (your double cropping history is

limited to the highest number of acres

double cropped within the applicable four-

year period unless your double cropping

history is determined in accordance with

section 15(i)(3)):

(A) You have double cropped acreage in at

least 2 of the last 4 crop years in which

the insured crop that is prevented from

being planted in the current crop year

was grown (you may apply your history

of double cropping to any acreage of

the insured crop in the county (for

example, you have 100 cropland acres

in the county and have double cropped

wheat and soybeans on all 100 acres

and you acquire an additional 100 acres

in the county, you can apply your

history of 100 double cropped acres to

any of the 200 acres in the county)); or

(B) The applicable acreage you are

prevented from planting in the current

crop year was double cropped for at

least 2 of the last 4 crop years in which

the insured crop that is prevented from

being planted was grown. You may

only use the history of double cropping

for the same physical acres from which

double cropping records were provided

from one or more other producers (for

example, if a neighbor has double

cropped 100 acres of wheat and

soybeans in the county and you acquire

your neighbor’s 100 double cropped

acres and an additional 100 acres in the

county, you can only apply your

neighbor’s history of double cropped

acreage to the same 100 acres that

your neighbor double cropped); and

(iii) The amount of acreage you are double

cropping in the current crop year does not

exceed the number of acres for which you

provided the records required in section

17(f)(4)(ii);

(5) On which the insured crop is prevented from

being planted, if:

(i) Any crop is planted within or prior to the late

planting period or on or prior to the final

planting date if no late planting period is

applicable, unless:

(A) You meet the double cropping

requirements in section 17(f)(4);

(B) The crop planted was a cover crop; or

any USDA program, was derived from

the crop;

(ii) Any volunteer crop is harvested for grain or

seed at any time;

(iii) The act of haying, grazing, or cutting for

silage, haylage, or baleage a cover crop or

volunteer crop contributed to the acreage

being prevented from being planted;

(iv) A cover crop is planted within or prior to the

late planting period or on or prior to the final

planting date if no late planting period is

applicable and is harvested for grain or seed

at any time.

(6) For which planting history or conservation plans

indicate the acreage would have remained fallow

for crop rotation purposes or on which any

pasture or forage crop is in place on the acreage

during the time planting of the insured crop

generally occurs in the area. Cover plants that

are seeded, transplanted, or that volunteer:

(i) More than 12 months prior to the final

planting date for the insured crop that was

prevented from being planted will be

considered pasture or a forage crop that is

in place (e.g., the cover crop is planted 15

(30 of 44)

months prior to the final planting date and

remains in place during the time the insured

crop would normally be planted); or

(ii) Less than 12 months prior to the final

planting date for the insured crop that was

prevented from being planted will not be

considered pasture or a forage crop that is

in place;

(7) That exceeds the number of acres eligible for a

prevented planting payment;

(8) That exceeds the number of eligible acres

physically available for planting.

(i) In order for acreage to be considered

physically available for planting, the

acreage must:

(A) Be free of trees, rocky outcroppings, or

other factors that prevent proper and

timely preparation of the seedbed for

planting and harvest of the crop in the

crop year;

(B) Not be enrolled in a USDA program that

removes the acreage from crop

production;

trees or vines either planted on the

acreage, or not removed from the

acreage in a proper or timely manner,

thus preventing the timely planting of a

crop for the crop year);

(D) Not have pasture, rangeland or forage

in place (see section 17(f)(6));

(E) Unless otherwise allowed in the Special

Provisions, in at least 1 of the 4 most

recent crop years immediately

preceding the current crop year, have

been planted to a crop (planted

includes annual regrowth of a perennial

forage or mint crop):

(1) Using recognized good farming

practices;

(2) Insured under the authority of the

Act or NAP; and

(3) That was harvested, or if not

harvested, was adjusted for claim

purposes under the authority of the

Act or NAP due to an insured cause

of loss (other than a cause of loss

related to flood, excess moisture,

drought, or other cause of loss

specified in the Special

Provisions).

(ii) If you do not meet the requirements of

section 17(f)(8)(i)(E) because a crop

specific plan of insurance offered under the

authority of the Act or NAP was not

available for the crops planted on the

acreage in the 4 most recent crop years, the

acreage may be considered physically

available for planting if you can prove the

acreage was planted and harvested using

good farming practices in at least 2

consecutive years out of the 4 most recent

crop years immediately preceding the

current crop year.

(iii) Once any acreage does not satisfy the

requirements in section 17(f)(8)(i)(E) or

17(f)(8)(ii), such acreage will be considered

physically unavailable for planting until the

acreage has been planted to a crop in

accordance with 17(f)(8)(i)(E) for 2

consecutive crop years, or until such

acreage meets the requirements of

17(f)(8)(ii).

(9) For which you cannot provide proof that you had

the inputs (including, but not limited to, sufficient

equipment and labor) available to plant and

produce a crop with the expectation of producing

at least the yield used to determine your

production guarantee or amount of insurance.

Evidence that you previously had planted the

crop on the unit will be considered adequate proof

unless:

(i) There has been a change in the availability

of inputs since the crop was last planted that

could affect your ability to plant and produce

the insured crop;

(ii) We determine you have insufficient inputs to

plant the total number of insured crop acres

(e.g., you will not receive a prevented

planting payment if you have sufficient

inputs to plant only 80 acres but you have

already planted 80 acres and are claiming

prevented planting on an additional 100

acres); or

(iii) Your planting practices or rotational

requirements show the acreage would have

remained fallow or been planted to another

crop;

(10) Based on an irrigated practice production

guarantee or amount of insurance unless

adequate irrigation facilities were in place to carry

out an irrigated practice on the acreage prior to

the insured cause of loss that prevented you from

planting. Acreage with an irrigated practice

production guarantee will be limited to the

number of acres allowed for that practice under

sections 17(e) and (f);

(11) Based on a crop type that you did not plant, or did

not receive a prevented planting insurance

guarantee for, in at least one of the four most

recent crop years:

(i) Types for which separate projected prices

or price elections, as applicable, amounts of

insurance, or production guarantees are

available must be included in your APH

database in at least one of the four most

recent crop years (Crops for which the

insurance guarantee is not based on APH

must be reported on your acreage report in

at least one of the four most recent crop

years) except as allowed in section

17(e)(1)(ii) or (iii); and

(ii) We will limit prevented planting payments

based on a specific crop type to the number

of acres allowed for that crop type as

specified in sections 17(e) and (f); or

(12) If a cause of loss has occurred that may prevent

planting at the time:

(31 of 44)

(i) You lease the acreage (except acreage you

leased the previous crop year and continue

to lease in the current crop year);

(ii) You buy the acreage;

(iii) The acreage is released from a USDA

program which prohibits harvest of a crop;

(iv) You request a written agreement to insure

the acreage; or

(v) You acquire the acreage through means

other than lease or purchase (such as

inherited or gifted acreage).

(g) If you purchased an additional coverage policy for a

crop, and you executed a High-Risk Land Exclusion

Option that separately insures acreage which has

been designated as “high-risk” land by FCIC under a

Catastrophic Risk Protection Endorsement for that

crop, the maximum number of acres eligible for a

prevented planting payment will be limited for each

policy as specified in sections 17(e) and (f).

(h) If you are prevented from planting a crop for which

you do not have an adequate base of eligible

prevented planting acreage, as determined in

accordance with section 17(e)(1), we will use acreage

from another crop insured for the current crop year for

which you have remaining eligible prevented planting

acreage.

(1) The crop first used for this purpose will be the

insured crop that would have a prevented

planting payment most similar to the payment for

the crop that was prevented from being planted.

(i) If there are still insufficient eligible

prevented planting acres, the next crop

used will be the insured crop that would

have the next closest prevented planting

payment.

(ii) In the event payment amounts based on

other crops are an equal amount above and

below the payment amount for the crop that

was prevented from being planted, eligible

acres for the crop with the higher payment

amount will be used first.

(2) The prevented planting payment and premium

will be based on:

(i) The crop that was prevented from being

planted if the insured crop with remaining

eligible acreage would have resulted in a

higher prevented planting payment than

would have been paid for the crop that was

prevented from being planted; or

(ii) The crop from which eligible acres are being

used if the insured crop with remaining

eligible acreage will result in a lower

prevented planting payment than would

have been paid for the crop that was

prevented from being planted.

(3) For example, assume you were prevented from

planting 200 acres of corn and you have 100

acres eligible for a corn prevented planting

guarantee that would result in a payment of $40

per acre. You also had 50 acres of potato

eligibility that would result in a $100 per acre

payment and 90 acres of grain sorghum eligibility

that would result in a $30 per acre payment. Your

prevented planting coverage will be based on 100

acres of corn ($40 per acre), 90 acres of grain

sorghum ($30 per acre), and an additional 10

acres of corn (using potato eligible acres and paid

as corn at $40 per acre). Your prevented planting

payment would be $7,100 ($4,000 + $2,700 +

$400).

(4) Prevented planting coverage will be allowed as

specified in section 17(h) only if the crop that was

prevented from being planted meets all policy

provisions, except for having an adequate base

of eligible prevented planting acreage. Payment

may be made based on crops other than those

that were prevented from being planted even

though other policy provisions, including but not

limited to, processor contract and rotation

requirements, have not been met for the crop

whose eligible acres are being used. When you

have exhausted eligible acres to provide

prevented planting coverage for all insured

cropland acres in your farming operation, you

may use remaining eligible acres as established

in section 17(e)(1)(iii)(C).

(5) An additional administrative fee will not be due as

a result of using eligible prevented planting

acreage as specified in section 17(h).

(i) The prevented planting payment for any eligible

acreage within a unit will be determined by:

(1) Multiplying the prevented planting coverage level

percentage you elected, or that is contained in the

Crop Provisions if you did not elect a prevented

planting coverage level percentage, by:

(i) Your amount of insurance per acre; or

(ii) The amount determined by multiplying

the production guarantee (per acre) for

timely planted acreage of the insured

crop (or type, if applicable) by your price

election or your projected price,

whichever is applicable;

(2) Multiplying the result of section 17(i)(1) by the

number of eligible prevented planting acres in the

unit; and

(3) Multiplying the result of section 17(i)(2) by your

share.

18. Written Agreements

Terms of this policy which are specifically designated for

the use of written agreements may be altered by written

agreement in accordance with the following:

(a) You must apply in writing for each written agreement

(including renewal of a written agreement) no later

than the sales closing date, except as provided in

section 18(e);

(b) The application for a written agreement must contain

all variable terms of the contract between you and us

that will be in effect if the written agreement is not

approved;

include all variable terms of the contract, including,

but not limited to, the crop; practice, type or variety;

guarantee; premium rate; and projected price, harvest

price, price election or amount of insurance, as

applicable, or the information needed to determine

such variable terms. If the written agreement is for a

county:

(32 of 44)

(1) That has a price election or amount of insurance

stated in the actuarial documents, for the crop,

practice, type or variety, the written agreement

will contain the price election or amount of

insurance stated in the actuarial documents, for

the crop, practice, type or variety;

(2) That does not have price elections or amounts of

insurance stated in the actuarial documents, for

the crop, practice, type or variety, the written

agreement will contain a price election or amount

of insurance that does not exceed the price

election or amount of insurance contained in the

actuarial documents, for the county that is used

to establish the other terms of the written

agreement, unless otherwise authorized by the

Crop Provisions;

(3) For which revenue protection is not available for

the crop, but revenue protection is available in the

State for the crop, the written agreement will

contain the information used to establish the

projected price and harvest price, as applicable,

for that State; or

(4) In a State for which revenue protection is not

available for the crop, but revenue protection is

available for the crop in another State, the written

agreement is available for yield protection only,

and will contain the information needed to

determine the projected price for the crop from

another State as determined by FCIC;

(d) Each written agreement will only be valid for the

number of crop years specified in the written

agreement, and a multi-year written agreement:

(1) Will only apply for any particular crop year

designated in the written agreement if all terms

and conditions in the written agreement are still

applicable for the crop year and the conditions

under which the written agreement has been

provided have not changed prior to the beginning

of the insurance period (If conditions change

during or prior to the crop year, the written

agreement will not be effective for that crop year

but may still be effective for a subsequent crop

year if conditions under which the written

agreement has been provided exist for such

year);

(2) May be canceled in writing by:

(i) FCIC not less than 30 days before the

cancellation date if it discovers that any term

or condition of the written agreement,

including the premium rate, is not

appropriate for the crop; or

(ii) You or us on or before the cancellation date;

(3) That is not renewed in writing after it expires, is

not applicable for a crop year, or is canceled, then

insurance coverage will be in accordance with the

terms and conditions stated in this policy, without

regard to the written agreement; and

(4) Will be automatically canceled if you transfer your

policy to another insurance provider (No notice

will be provided to you and for any subsequent

crop year, for a written agreement to be effective,

you must timely request renewal of the written

agreement in accordance with this section);

(e) A request for a written agreement may be submitted:

(1) After the sales closing date, but on or before the

acreage reporting date, if you demonstrate your

physical inability to submit the request on or

before the sales closing date (e.g., you have been

hospitalized or a blizzard has made it impossible

to submit the written agreement request in person

or by mail); or

(2) For the first year the written agreement is

requested:

(i) On or before the acreage reporting date to:

(A) Insure unrated land, or an unrated

practice, type or variety of a crop;

although, if required by FCIC, such

written agreements may be approved

only after appraisal of the acreage by us

and:

(1) The crop’s potential is equal to or

exceeds 90 percent of the yield

used to determine your production

guarantee or amount of insurance;

and

(2) You sign the written agreement no

later than the date the first field is

appraised or by the expiration date

for you to accept the offer,

whichever comes first; or

(B) Establish optional units in accordance

with FCIC procedures that otherwise

would not be allowed or change the

premium rate or transitional yield for

designated high-risk land;

(ii) On or before the cancellation date to insure

a crop in a county that does not have

actuarial documents for the crop (If the Crop

Provisions do not provide a cancellation

date for the county, the cancellation date for

other insurable crops in the same State that

have similar final planting and harvesting

dates will be applicable); or

(iii) On or before the date specified in the Crop

Provisions or Special Provisions;

(f) A request for a written agreement must contain:

(1) For all written agreement requests:

(i) A completed “Request for Actuarial

Change” form;

(ii) A completed APH (only for crop policies that

require APH) based on verifiable records of

actual yields for the crop and county for

which the written agreement is being

requested (the actual yields do not

necessarily have to be from the same

physical acreage for which you are

requesting a written agreement), and

verifiable records of actual yields if required

by FCIC;

(iii) Evidence from agricultural experts or

organic agricultural experts, as applicable,

that the crop can be produced in the area if

the request is to provide insurance for the

crop, practices, types, or varieties that are

not insurable, unless we are notified in

writing by FCIC that such evidence is not

required by FCIC;

(33 of 44)

(iv) The legal description of the land (in areas

where legal descriptions are available) and

the FSA farm number including tract and

field numbers, if available. The submission

must also include an FSA aerial

photograph, or field boundaries derived by

a Geographic Information System or Global

Positioning System, or other legible maps

delineating field boundaries where you

intend to plant the crop for which insurance

is requested; and

(v) For any perennial crop, an inspection report

completed by us;

(2) For written agreement requests for counties

without actuarial documents for the crop, the

requirements in section 18(f)(1) (except section

18(f)(1)(ii)) and:

(i) For a crop you (or anyone with a substantial

beneficial interest in you) have previously

planted (or produced a crop if the crop is a

perennial crop) in the county or area for at

least three years:

(A) A completed APH (only for crop policies

that require APH) based on verifiable

production records of actual yields for

the crop; and

(B) Verifiable production records for at least

the three most recent crop years in

which the crop was planted (or

produced a crop if the crop is a

perennial crop):

(1) The verifiable production records

do not necessarily have to be from

the same physical acreage for

which you are requesting a written

agreement;

(2) Verifiable production records do

not have to be submitted for any

year you (or anyone with a

substantial beneficial interest in

you) have insured the crop in the

county or area and have certified

the yields on the applicable

production reports or the yields are

based on your insurance claim

(although you are not required to

submit production records, you still

must maintain production records

in accordance with section 21); and

(3) FCIC will not consider any crop

year in which the crop was planted

(or produced a crop if the crop is a

perennial crop) outside of the most

recent ten crop years as a year of

previously planting the crop (or

having produced a crop if the crop

is a perennial crop), unless

verifiable production records are

provided, or the crop was insured

for that crop year;

(ii) For a crop you (or anyone with a substantial

beneficial interest in you) have not

previously planted (or produced a crop if the

crop is a perennial crop) in the county or

area for at least three years:

(A) A completed APH (only for crop policies

that require APH) based on verifiable

production records of actual yields for

the similar crop;

(B) Verifiable production records for at least

the three most recent crop years in

which the similar crop was planted (or

produced a crop if the crop is a

perennial crop) in the county or area:

(1) The verifiable production records

for the similar crop do not

necessarily have to be from the

same physical acreage for which

you are requesting a written

agreement;

(2) Verifiable production records do

not have to be submitted for any

crop year you (or anyone with a

substantial beneficial interest in

you) have insured the similar crop

in the county or area and have

certified the yields on the

applicable production reports or the

yields are based on your insurance

claim (although you are not

required to submit production

records, you still must maintain

production records in accordance

with section 21); and

(3) FCIC will not consider any crop

year in which the similar crop was

planted (or produced a crop if the

crop is a perennial crop) outside of

the most recent ten crop years as a

year of previously planting the

similar crop (or having produced a

crop if the crop is a perennial crop),

unless verifiable production

records are provided, or the similar

crop was insured, for that crop

year;

beneficial interest in you) have at least

one year of production records, but less

than three years of production records,

for the crop in the county or area but

have production records for a similar

crop in the county or area such that the

combination of both sets of records

results in at least three years of

production records, you must provide

the information required in sections

18(f)(2)(i)(A) and (B) for the years you

(or anyone with a substantial beneficial

interest in you) planted the crop (or

produced a crop if the crop is a

perennial crop) in the county or area

and the information required in sections

18(f)(2)(ii)(A) and (B) regarding the

similar crop for the remaining years;

and

(34 of 44)

(D) A similar crop to the crop for which a

written agreement is being requested

must:

(1) Be included in the same category

of crops, e.g., row crops (including,

but not limited to, small grains,

coarse grains, and oil seed crops),

vegetable crops grown in rows, tree

crops, vine crops, bush crops, etc.,

as defined by FCIC;

(2) Have substantially the same

growing season (i.e., normally

planted around the same dates and

harvested around the same dates);

(3) Require comparable agronomic

conditions (e.g., comparable needs

for water, soil, etc.); and

(4) Be subject to substantially the

same risks (frequency and severity

of loss would be expected to be

comparable from the same cause

of loss);

(iii) The dates you and other growers in the area

normally plant and harvest the crop, if

applicable;

(iv) The name, location of, and approximate

distance to the place the crop will be sold or

used by you; and

(v) For any irrigated practice, the water source,

method of irrigation, and the amount of

water needed for an irrigated practice for the

crop; and

(3) Such other information as specified in the Special

Provisions or required by FCIC;

(g) A request for a written agreement will not be accepted

if:

(1) The request is submitted to us after the applicable

deadline contained in sections 18(a) or (e);

(2) All the information required in section 18(f) is not

submitted to us with the request for a written

agreement (The request for a written agreement

may be accepted if any missing information is

available from other acceptable sources); or

(3) The request is not authorized by the policy;

(h) A request for a written agreement will be denied if:

(1) FCIC determines the risk is excessive;

(2) Your APH history demonstrates you have not

produced at least 50 percent of the transitional

yield for the crop, type, and practice obtained

from the county, or a county with similar

agronomic conditions and risk exposure, when

previously grown;

(3) There is not adequate information available to

establish an actuarially sound premium rate and

insurance coverage for the crop and acreage;

(4) The crop, or a similar crop, was not previously

grown in the county or area, or there is no

evidence of a market for the crop (applicable only

for counties without actuarial documents); or

(5) Agricultural experts or organic agricultural

experts determine the crop, practice, or type is

not adapted to the county;

(i) A written agreement will be denied unless:

(1) FCIC approves the written agreement;

(2) The original written agreement is signed by you

and delivered to us, or postmarked, not later than

the expiration date for you to accept the offer;

(3) We accept the written agreement offer; and

(4) The crop meets the minimum appraisal amount

specified in section 18(e)(2)(i)(A)(1), if applicable;

(j) Multi-year written agreements may be canceled and

requests for renewal may be rejected if the severity or

frequency of your loss experience under the written

agreement is significantly worse than expected based

on the information provided by you or used to

establish your premium rate and the loss experience

of other crops with similar risks in the area;

(k) With respect to your and our ability to reject an offer

for a written agreement:

(1) When a single Request for Actuarial Change form

is submitted, regardless of how many requests for

changes are contained on the form, you and we

can only accept or reject the written agreement in

its entirety (you cannot reject specific terms of the

written agreement and accept others);

(2) When multiple Request for Actuarial Change

forms are submitted, regardless of when the

forms are submitted, for the same condition or for

the same crop (i.e., to insure corn on ten legal

descriptions where there are no actuarial

documents in the county or the request is to

change the premium rates from the high-risk

rates) all these forms may be treated as one

request and you and we will only have the option

of accepting or rejecting the written agreement in

its entirety (you cannot reject specific terms of the

written agreement and accept others);

(3) When multiple Request for Actuarial Change

forms are submitted, regardless of when the

forms are submitted, for the different conditions

or for different crops, separate agreements may

be issued and you and we will have the option to

accept or reject each written agreement; and

(4) If we reject an offer for a written agreement

approved by FCIC, you may seek arbitration or

mediation of our decision to reject the offer in

accordance with section 20;

(l) Any information that is submitted by you after the

applicable deadlines in sections 18(a) and (e) will not

be considered, unless such information is specifically

requested in accordance with section 18(f)(3);

(m) If the written agreement or the policy is canceled for

any reason, or the period for which an existing written

agreement is in effect ends, a request for renewal of

the written agreement must contain all the information

required by this section and be submitted in

accordance with section 18(a), unless otherwise

specified by FCIC;

(n) If a request for a written agreement is not approved

by FCIC, a request for a written agreement for any

subsequent crop year that fails to address the stated

basis for the denial will not be accepted (If the request

for a written agreement contains the same information

that was previously rejected or denied, you will not

have any right to arbitrate, mediate or appeal the non-

acceptance of your request); and

(o) If you disagree with any determination made by FCIC

under section 18, you may obtain administrative

(35 of 44)

review in accordance with 7 CFR part 400, subpart J

or appeal in accordance with 7 CFR part 11, unless

you have failed to comply with the provisions

contained in section 18(g) or section 18(i)(2) or (4).

19. Crops as Payment

You must not abandon any crop to us. We will not accept

any crop as compensation for payments due us.

20. Mediation, Arbitration, Appeal, Reconsideration, and

Administrative and Judicial Review

(a) If you do not agree with any determination made by

us except those specified in section 20(d) or (e), the

disagreement may be resolved through mediation in

accordance with section 20(g). If the disagreement

cannot be resolved through mediation, or you and we

do not agree to mediation, you must timely seek

resolution through arbitration in accordance with the

rules of the American Arbitration Association (AAA),

except as provided in sections 20(c) and (f), and

unless rules are established by FCIC for this purpose.

Any mediator or arbitrator with a familial, financial or

other business relationship to you or us, or our agent

or loss adjuster, is disqualified from hearing the

dispute.

(1) All disputes involving determinations made by us,

except those specified in section 20(d) or (e), are

subject to mediation or arbitration. However, if

the dispute in any way involves a policy or

procedure interpretation, regarding whether a

specific policy provision or procedure is

applicable to the situation, how it is applicable, or

the meaning of any policy provision or procedure,

either you or we must obtain an interpretation

from FCIC in accordance with 7 CFR part 400,

subpart X or such other procedures as

established by FCIC.

(i) Any interpretation by FCIC will be binding in

any mediation or arbitration.

(ii) Failure to obtain any required interpretation

from FCIC will result in the nullification of

any agreement or award.

(iii) An interpretation by FCIC of a policy

provision is considered a determination that

is a matter of general applicability.

(iv) An interpretation by FCIC of a procedure

may be appealed to the National Appeals

Division in accordance with 7 CFR part 11.

(2) Unless the dispute is resolved through mediation,

the arbitrator must provide to you and us a written

statement describing the issues in dispute, the

factual findings, the determinations and the

amount and basis for any award and breakdown

by claim for any award. The statement must also

include any amounts awarded for interest.

Failure of the arbitrator to provide such written

statement will result in the nullification of all

determinations of the arbitrator. All agreements

reached through settlement, including those

resulting from mediation, must be in writing and

contain at a minimum a statement of the issues in

dispute and the amount of the settlement.

(b) Regardless of whether mediation is elected:

(1) You must initiate arbitration proceedings within 1

year of the date we denied your claim or rendered

the determination with which you disagree,

whichever is later;

(2) If you fail to initiate arbitration in accordance with

section 20(b)(1) and complete the process, you

will not be able to resolve the dispute through

judicial review;

(3) If arbitration has been initiated in accordance with

section 20(b)(1) and completed, and judicial

review is sought, suit must be filed not later than

one year after the date the arbitration decision

was rendered; and

(4) In any suit, if the dispute in any way involves a

policy or procedure interpretation, regarding

whether a specific policy provision or procedure

is applicable to the situation, how it is applicable,

or the meaning of any policy provision or

procedure, an interpretation must be obtained

from FCIC in accordance with 7 CFR part 400,

subpart X or such other procedures as

established by FCIC. Such interpretation will be

binding.

and us unless judicial review is sought in accordance

with section 20(b)(3). Notwithstanding any provision

in the rules of the AAA, you and we have the right to

judicial review of any decision rendered in arbitration.

(d) With respect to good farming practices:

(1) We will make decisions regarding what

constitutes a good farming practice and

determinations of assigned production for

uninsured causes for your failure to use good

farming practices.

(i) If you disagree with our decision of what

constitutes a good farming practice, you

must request a determination from FCIC of

what constitutes a good farming practice

before filing any suit against FCIC.

(ii) If you disagree with our determination of the

amount of assigned production, you must

use the arbitration or mediation process

contained in this section.

(iii) You may not sue us for our decisions

regarding whether good farming practices

were used by you.

(2) FCIC will make determinations regarding what

constitutes a good farming practice. If you do not

agree with any determination made by FCIC:

(i) You may request reconsideration by FCIC

of this determination in accordance with the

reconsideration process established for this

purpose and published at 7 CFR part 400,

subpart J; or

(ii) You may file suit against FCIC.

(A) You are not required to request

reconsideration from FCIC before filing

suit.

(B) Any suit must be brought against FCIC

in the United States district court for the

district in which the insured acreage is

located.

than one year after the date:

(1) Of the determination; or

(2) Reconsideration is completed, if

reconsideration was requested

(36 of 44)

under section 20(d)(2)(i).

(e) Except as provided in sections 18(n) or (o), or 20(d)

or (k), if you disagree with any other determination

made by FCIC or any claim where FCIC is directly

involved in the claims process or directs us in the

resolution of the claim, you may obtain an

administrative review in accordance with 7 CFR part

400, subpart J (administrative review) or appeal in

accordance with 7 CFR part 11 (appeal).

(1) If you elect to bring suit after completion of any

appeal, such suit must be filed against FCIC not

later than one year after the date of the decision

rendered in such appeal.

(2) Such suit must be brought in the United States

district court for the district in which the insured

acreage is located.

(3) Under no circumstances can you recover any

attorney fees or other expenses, or any punitive,

compensatory or any other damages from FCIC.

(f) In any mediation, arbitration, appeal, administrative

review, reconsideration or judicial process, the terms

of this policy, the Act, and the regulations published

at 7 CFR chapter IV, including the provisions of 7 CFR

part 400, subpart P, are binding. Conflicts between

this policy and any state or local laws will be resolved

in accordance with section 31. If there are conflicts

between any rules of the AAA and the provisions of

your policy, the provisions of your policy will control.

(g) To resolve any dispute through mediation, you and we

must both:

(1) Agree to mediate the dispute;

(2) Agree on a mediator; and

(3) Be present, or have a designated representative

who has authority to settle the case present, at

the mediation.

(h) Except as provided in section 20(i), no award or

settlement in mediation, arbitration, appeal,

administrative review or reconsideration process or

judicial review can exceed the amount of liability

established or which should have been established

under the policy, except for interest awarded in

accordance with section 26.

(i) In a judicial review only, you may recover attorneys

fees or other expenses, or any punitive,

compensatory or any other damages from us only if

you obtain a determination from FCIC that we, our

agent or loss adjuster failed to comply with the terms

of this policy or procedures issued by FCIC and such

failure resulted in you receiving a payment in an

amount that is less than the amount to which you were

entitled. Requests for such a determination should be

addressed to the following: USDA/RMA/Deputy

Administrator of Compliance/Stop 0806, 1400

Independence Avenue, SW., Washington, DC 20250-

0806.

(j) If FCIC elects to participate in the adjustment of your

claim, or modifies, revises or corrects your claim, prior

to payment, you may not bring an arbitration,

mediation or litigation action against us. You must

request administrative review or appeal in accordance

with section 20(e).

(k) Any determination made by FCIC that is a matter of

general applicability is not subject to administrative

review under 7 CFR part 400, subpart J or appeal

under 7 CFR part 11. If you want to seek judicial

review of any FCIC determination that is a matter of

general applicability, you must request a

determination of non-appealability from the Director of

the National Appeals Division in accordance with 7

CFR 11.6 before seeking judicial review.

21. Access to Insured Crop and Records, and Record

Retention

(a) We, and any employee of USDA authorized to

investigate or review any matter relating to crop

insurance, have the right to examine the insured crop

and all records related to the insured crop and any

mediation, arbitration or litigation involving the insured

crop as often as reasonably required during the

record retention period.

(b) You must retain, and provide upon our request, or the

request of any employee of USDA authorized to

investigate or review any matter relating to crop

insurance:

(1) Complete records of the planting, replanting,

inputs, production, harvesting, and disposition of

the insured crop on each unit for three years after

the end of the crop year (This requirement also

applies to all such records for acreage that is not

insured);

(2) All records used to establish the amount of

production you certified on your production

reports used to compute your approved yield for

three years after the calendar date for the end of

the insurance period for the crop year for which

you initially certified such records, unless such

records have already been provided to us (e.g., if

you are a new insured and you certify 2015

through 2018 crop year production records in

2019 to determine your approved yield for the

2019 crop year, you must retain all records from

the 2015 through 2018 crop years through the

2022 crop year. If you subsequently certify

records of the 2019 crop year in 2020 to

determine your approved yield for the 2020 crop

year, you must retain the 2019 crop year records

through the 2023 crop year and so forth for each

subsequent year of production records certified);

and

(3) While you are not required to maintain records

beyond the record retention period specified in

section 21(b)(2), at any time, if we or FCIC have

evidence that you, or anyone assisting you,

knowingly misreported any information related to

any yield you have certified, we or FCIC will

replace all yields in your APH database

determined to be incorrect with the lesser of an

assigned yield determined in accordance with

section 3 or the yield determined to be correct:

(i) If an overpayment has been made to you,

you will be required to repay the overpaid

amount; and

(ii) Replacement of yields in accordance with

section 21(b)(3) does not exempt you from

other sanctions applicable under the terms

of the policy or any applicable law.

investigate or review any matter relating to crop

insurance, may extend the record retention period

(37 of 44)

beyond three years by notifying you of such extension

in writing.

(d) By signing the application for insurance authorized

under the Act or by continuing insurance for which you

have previously applied, you authorize us or USDA,

or any person acting for us or USDA authorized to

investigate or review any matter relating to crop

insurance, to obtain records relating to the planting,

replanting, inputs, production, harvesting, and

disposition of the insured crop from any person who

may have custody of such records, including but not

limited to, FSA offices, banks, warehouses, gins,

cooperatives, marketing associations, and

accountants. You must assist in obtaining all records

we or any employee of USDA authorized to

investigate or review any matter relating to crop

insurance request from third parties.

(e) Failure to provide access to the insured crop or the

farm, authorize access to the records maintained by

third parties or assist in obtaining such records will

result in a determination that no indemnity is due for

the crop year in which such failure occurred.

(f) Failure to maintain or provide records will result in:

(1) The imposition of an assigned yield in

accordance with section 3(f)(1) and 7 CFR part

400, subpart G for those crop years for which you

do not have the required production records to

support a certified yield;

(2) A determination that no indemnity is due if you fail

to provide records necessary to determine your

loss;

(3) Combination of the optional units into the

applicable basic unit;

(4) Assignment of production to the units by us if you

fail to maintain separate records:

(i) For your basic units; or

(ii) For any uninsurable acreage; and

(5) The imposition of consequences specified in

section 6(g), as applicable.

(g) If the imposition of an assigned yield under section

21(f)(1) would affect an indemnity, prevented planting

payment or replanting payment that was paid in a

prior crop year, such claim will be adjusted and you

will be required to repay any overpaid amounts.

22. Other Insurance

(a) Other Like Insurance - Nothing in this section

prevents you from obtaining other insurance not

authorized under the Act. However, unless

specifically required by policy provisions, you must

not obtain any other crop insurance authorized under

the Act on your share of the insured crop. If you

cannot demonstrate that you did not intend to have

more than one policy in effect, you may be subject to

the consequences authorized under this policy, the

Act, or any other applicable statute. If you can

demonstrate that you did not intend to have more than

one policy in effect (For example, an application to

transfer your policy or written notification to an

insurance provider that states you want to purchase,

or transfer, insurance and you want any other policies

for the crop canceled would demonstrate you did not

intend to have duplicate policies), and:

(1) One is an additional coverage policy and the

other is a Catastrophic Risk Protection policy:

(i) The additional coverage policy will apply if

both policies are with the same insurance

provider or, if not, both insurance providers

agree; or

(ii) The policy with the earliest date of

application will be in force if both insurance

providers do not agree; or

(2) Both are additional coverage policies or both are

Catastrophic Risk Protection policies, the policy

with the earliest date of application will be in force

and the other policy will be void, unless both

policies are with:

(i) The same insurance provider and the

insurance provider agrees otherwise; or

(ii) Different insurance providers and both

insurance providers agree otherwise.

(b) Other Insurance Against Fire - If you have other

insurance, whether valid or not, against damage to

the insured crop by fire during the insurance period,

and you have not excluded coverage for fire from this

policy, we will be liable for loss due to fire caused by

a naturally occurring event only for the smaller of:

(1) The amount of indemnity determined pursuant to

this policy without regard to such other insurance;

(2) The amount by which the loss from fire is

determined to exceed the indemnity paid or

payable under such other insurance.

from fire will be the difference between the total value

of the insured crop before the fire and the total value

of the insured crop after the fire. This amount will be

determined in accordance with the provisions in

section 35.

23. Conformity to Food Security Act

Although your violation of a number of federal statutes,

including the Act, may cause cancellation, termination, or

voidance of your insurance contract, you should be

specifically aware that your policy will be canceled if you

are determined to be ineligible to receive benefits under

the Act due to violation of the controlled substance

provisions (title XVII) of the Food Security Act of 1985

(Pub. L. 99-198) and the regulations promulgated under

the Act by USDA. Your insurance policy will be canceled

if you are determined, by the appropriate Agency, to be in

violation of these provisions. We will recover any and all

monies paid to you or received by you during your period

of ineligibility, and your premium will be refunded, less an

amount for expenses and handling equal to 20 percent of

the premium paid or to be paid by you.

24. Amounts Due Us

(a) Interest will accrue at the rate of 1.25 percent simple

interest per calendar month on any unpaid amount

owed to us or on any unpaid administrative fees owed

to FCIC. For the purpose of premium amounts owed

to us or administrative fees owed to FCIC, interest will

start to accrue on the first day of the month following

the issuance of the notice by us, provided that a

minimum of 30 days have passed from the premium

billing date specified in the Special Provisions. We

will collect any unpaid amounts owed to us and any

interest owed thereon and, prior to the termination

date, we will collect any administrative fees and

interest owed thereon to FCIC. After the termination

(38 of 44)

date, FCIC will collect any unpaid administrative fees

and any interest owed thereon for any catastrophic

risk protection policy and we will collect any unpaid

administrative fees and any interest owed thereon for

additional coverage policies.

(b) For the purpose of any other amounts due us, such

as repayment of indemnities found not to have been

earned, interest will start to accrue on the date that

notice is issued to you for the collection of the

unearned amount. Amounts found due under this

paragraph will not be charged interest if payment is

made within 30 days of issuance of the notice by us.

The amount will be considered delinquent if not paid

within 30 days of the date the notice is issued by us.

collection (see subsection (d) of this section) if any,

second to the reduction of accrued interest, and then

to the reduction of the principal balance.

(d) If we determine that it is necessary to contract with a

collection agency or to employ an attorney to assist in

collection, you agree to pay all of the expenses of

collection.

(e) The portion of the amounts owed by you for a policy

authorized under the Act that are owed to FCIC may

be collected in part through administrative offset from

payments you receive from United States government

agencies in accordance with 31 U.S.C. chapter 37.

Such amounts include all administrative fees, and the

share of the overpaid indemnities and premiums

retained by FCIC plus any interest owed thereon.

25. Correction of Errors

(a) In addition to any other corrections allowed in your

policy subject to section 25(b), we may correct:

(1) Within 60 days after the sales closing date, any

incorrect information on your application or

provided by the sales closing date, including

identification numbers for you and any person

with an substantial beneficial interest in you, to

ensure that the eligibility information is correct

and consistent with information reported by you

to any USDA agency;

(2) Within 30 days after the acreage reporting date,

information reported to reconcile errors in the

information with correct information that has been

determined by any USDA agency;

(3) Within 30 days of any subsequent correction of

data by FSA, erroneous information corrected as

a result of verification of information; and

(4) At any time, any incorrect information if the

incorrect information was caused by electronic

transmission errors by us or errors made by any

agency within USDA in transmitting the

information provided by you for purposes of other

USDA programs.

(b) Corrections may be made but will not take effect for

the current crop year if the correction would allow you

to:

(1) Avoid ineligibility requirements for insurance or

obtain a disproportionate benefit under the crop

insurance program or any related program

administered by the Secretary;

(2) Obtain, enhance, or increase an insurance

guarantee or indemnity if a cause of loss exists or

has occurred before any correction has been

made, or avoid premium owed if no loss is likely

to occur; or

(3) Avoid an obligation or requirement under any

Federal or State law.

26. Interest Limitations

We will pay simple interest computed on the net indemnity

ultimately found to be due by us or by a final judgment of

a court of competent jurisdiction, from and including the

61st day after the date you sign, date, and submit to us

the properly completed claim on our form. Interest will be

paid only if the reason for our failure to timely pay is NOT

due to your failure to provide information or other material

necessary for the computation or payment of the

indemnity. The interest rate will be that established by the

Secretary of the Treasury under section 12 of the Contract

Disputes Act of 1978 (41 U.S.C. 611) and published in the

Federal Register semiannually on or about January 1 and

July 1 of each year, and may vary with each publication.

27. Concealment, Misrepresentation or Fraud

(a) If you have falsely or fraudulently concealed the fact

that you are ineligible to receive benefits under the Act

or if you or anyone assisting you has intentionally

concealed or misrepresented any material fact

relating to this policy:

(1) This policy will be voided; and

(2) You may be subject to remedial sanctions in

accordance with 7 CFR part 400, subpart R.

(b) Even though the policy is void, you will still be required

to pay 20 percent of the premium that you would

otherwise be required to pay to offset costs incurred

by us in the service of this policy. If previously paid,

the balance of the premium will be returned.

reimburse all indemnities paid for the crop year in

which the voidance was effective.

(d) Voidance will be effective on the first day of the

insurance period for the crop year in which the act

occurred and will not affect the policy for subsequent

crop years unless a violation of this section also

occurred in such crop years.

(e) If you willfully and intentionally provide false or

inaccurate information to us or FCIC or you fail to

comply with a requirement of FCIC, in accordance

with 7 CFR part 400, subpart R, FCIC may impose on

you:

(1) A civil fine for each violation in an amount not to

exceed the greater of:

(i) The amount of the pecuniary gain obtained

as a result of the false or inaccurate

information provided or the noncompliance

with a requirement of FCIC; or

(ii) $10,000; and

(2) A disqualification for a period of up to 5 years from

receiving any monetary or non-monetary benefit

provided under each of the following:

(i) Any crop insurance policy offered under the

Act;

(ii) The Farm Security and Rural Investment

Act of 2002 (7 U.S.C. 7333 et seq.);

(iii) The Agricultural Act of 1949 (7 U.S.C. 1421

et seq.);

(iv) The Commodity Credit Corporation Charter

Act (15 U.S.C. 714 et seq.);

(39 of 44)

(v) The Agricultural Adjustment Act of 1938 (7

U.S.C. 1281 et seq.);

(vi) Title XII of the Food Security Act of 1985 (16

U.S.C. 3801 et seq.);

(vii) The Consolidated Farm and Rural

Development Act (7 U.S.C. 1921 et seq.);

and

(viii) Any federal law that provides assistance to

a producer of an agricultural commodity

affected by a crop loss or a decline in the

prices of agricultural commodities.

28. Transfer of Coverage and Right to Indemnity

If you transfer any part of your share during the crop year,

you may transfer your coverage rights, if the transferee is

eligible for crop insurance. We will not be liable for any

more than the liability determined in accordance with your

policy that existed before the transfer occurred. The

transfer of coverage rights must be on our form and will

not be effective until approved by us in writing. Both you

and the transferee are jointly and severally liable for the

payment of the premium and administrative fees. The

transferee has all rights and responsibilities under this

policy consistent with the transferee’s interest.

29. Assignment of Indemnity

(a) You may assign your right to an indemnity for the crop

year only to creditors or other persons to whom you

have a financial debt or other pecuniary obligation.

You may be required to provide proof of the debt or

other pecuniary obligation before we will accept the

assignment of indemnity.

(b) All assignments must be on our form and must be

provided to us. Each assignment form may contain

more than one creditor or other person to whom you

have a financial debt or other pecuniary obligation.

assignment of indemnity, we will not make any

payment to a lienholder or other person to whom you

have a financial debt or other pecuniary obligation

even if you may have a lien or other assignment

recorded elsewhere. Under no circumstances will we

be liable:

(1) To any lienholder or other person to whom you

have a financial debt or other pecuniary obligation

where you have failed to include such lienholder

or person on a properly executed assignment of

indemnity provided to us; or

(2) To pay to all lienholders or other persons to whom

you have a financial debt or other pecuniary

obligation any amount greater than the total

amount of indemnity owed under the policy.

(d) If we have received the properly executed assignment

of indemnity form:

(1) Only one payment will be issued jointly in the

names of all assignees and you; and

(2) Any assignee will have the right to submit all loss

notices and forms as required by the policy.

(e) If you have suffered a loss from an insurable cause

and fail to file a claim for indemnity within the period

specified in section 14(e), the assignee may submit

the claim for indemnity not later than 30 days after the

period for filing a claim has expired. We will honor the

terms of the assignment only if we can accurately

determine the amount of the claim. However, no

action will lie against us for failure to do so.

30. [Reserved]

31. Applicability of State and Local Statutes

If the provisions of this policy conflict with statutes of the

State or locality in which this policy is issued, the policy

provisions will prevail. State and local laws and

regulations in conflict with federal statutes, this policy, and

the applicable regulations do not apply to this policy.

32. Descriptive Headings

The descriptive headings of the various policy provisions

are formulated for convenience only and are not intended

to affect the construction or meaning of any of the policy

provisions.

33. Notices

(a) All notices required to be given by you must be in

writing and received by your crop insurance agent

within the designated time unless otherwise provided

by the notice requirement. Notices required to be

given immediately may be by telephone or in person

and confirmed in writing. Time of the notice will be

determined by the time of our receipt of the written

notice. If the date by which you are required to submit

a report or notice falls on Saturday, Sunday, or a

Federal holiday, or if your agent’s office is, for any

reason, not open for business on the date you are

required to submit such notice or report, such notice

or report must be submitted on the next business day.

(b) All policy provisions, notices, and communications

that we send to you will be:

(1) Provided by electronic means, unless:

(i) We do not have the ability to transmit such

information to you by electronic means; or

(ii) You elect to receive a paper copy of such

information;

(2) Sent to the location specified in your records with

your crop insurance agent; and

(3) Conclusively presumed to have been received by

you.

34. Units

(a) You may elect an enterprise unit or whole-farm unit in

accordance with the following:

(1) For crops for which revenue protection is

available, you may elect:

(i) An enterprise unit if you elected revenue

protection or yield protection; or

(ii) A whole-farm unit if you elected:

(A) Revenue protection and revenue

protection is provided unless limited by

the Special Provisions; or

(B) Yield protection only if whole-farm units

are allowed by the Special Provisions;

(2) For crops for which revenue protection is not

available, enterprise units or whole-farm units are

available only if allowed by the Special

Provisions;

(3) You must make such election on or before the

earliest sales closing date for the insured crops in

the unit and report such unit structure on your

acreage report:

(i) For counties in which the actuarial

documents specify a fall or winter sales

closing date and a spring sales closing date,

you may change your unit election on or

(40 of 44)

before the spring sales closing date (earliest

spring sales closing date for crops in the unit

if electing a whole-farm unit) if you do not

have any insured fall planted acreage of the

insured crop;

(ii) Your unit selection will remain in effect from

year to year unless you notify us in writing

by the earliest sales closing date for the

crop year for which you wish to change this

election; and

(iii) These units may not be further divided

except as specified herein;

(4) For an enterprise unit:

(i) To qualify, an enterprise unit must contain

all of the insurable acreage of the same

insured crop in:

(A) Two or more sections, if sections are

the basis for optional units where the

insured acreage is located;

(B) Two or more section equivalents

determined in accordance with FCIC

procedures, if section equivalents are

the basis for optional units where the

insured acreage is located or are

applicable to the insured acreage;

farm numbers are the basis for optional

units where the insured acreage is

located;

(D) Any combination of two or more

sections, section equivalents, or FSA

farm numbers, if more than one of these

are the basis for optional units where

the acreage is located or are applicable

to the insured acreage (e.g., if a portion

of your acreage is located where

sections are the basis for optional units

and another portion of your acreage is

located where FSA farm numbers are

the basis for optional units, you may

qualify for an enterprise unit based on a

combination of these two parcels);

(E) One section, section equivalent, or FSA

farm number that contains at least 660

planted acres of the insured crop. You

may qualify under this paragraph based

only on the type of parcel that is utilized

to establish optional units where your

insured acreage is located (e.g., if

having two or more sections is the basis

for optional units where the insured

acreage is located, you may qualify for

an enterprise unit if you have at least

660 planted acres of the insured crop in

one section); or

(F) Two or more units established by

written agreement; and

(ii) At least two of the sections, section

equivalents, FSA farm numbers, or units

established by written agreement in section

34(a)(4)(i)(A), (B), (C), (D), or (F) must each

have planted acreage that constitutes at

least the lesser of 20 acres or 20 percent of

the insured crop acreage in the enterprise

unit. If there is planted acreage in more than

two sections, section equivalents, FSA farm

numbers or units established by written

agreement in section 34(a)(4)(i)(A), (B), (C),

(D), or (F), these can be aggregated to form

at least two parcels to meet this

requirement. For example, if sections are

the basis for optional units where the

insured acreage is located and you have 80

planted acres in section one, 10 planted

acres in section two, and 10 planted acres

in section three, you may aggregate

sections two and three to meet this

requirement.

(iii) The crop must be insured under revenue

protection or yield protection, unless

otherwise specified in the Special

Provisions;

(iv) If you want to change your unit structure

from enterprise units to basic or optional

units in any subsequent crop year, you must

maintain separate records of acreage and

production:

(A) For each basic unit, to be eligible to use

records to establish the production

guarantee for the basic unit; or

(B) For optional units, to qualify for optional

units and to be eligible to use such

records to establish the production

guarantee for the optional units;

(v) If you do not comply with the production

reporting provisions in section 3(f) for the

enterprise unit, your yield for the enterprise

unit will be determined in accordance with

section 3(f)(1);

(vi) You must separately designate on the

acreage report each section or other basis

in section 34(a)(4)(i) you used to qualify for

an enterprise unit; and

(vii) If we discover you do not qualify for an

enterprise unit and such discovery is made:

(A)

On or before the acreage reporting

date, your unit division will be based on

the basic or optional units, whichever

you report on your acreage report and

qualify for; or

(B) At any time after the acreage reporting

date, we will assign the basic unit

structure; and

(viii) If allowed by the actuarial documents, you

may elect separate enterprise units for

irrigated or non-irrigated practices.

(A) You may elect one enterprise unit for all

irrigated practices or one enterprise unit

for all non-irrigated practices or

enterprise units for both.

(B) You must separately meet the

requirements in section 34(a)(4) for

each enterprise unit.

for both irrigated and non-irrigated

practices and we discover you do not

qualify for an enterprise unit for the

(41 of 44)

irrigated or non-irrigated practice and

such discovery is made:

(1) On or before the acreage reporting

date, you may elect to insure:

(i) One enterprise unit for all

irrigated or non-irrigated

practices provided you meet

the requirements in section

34(a)(4), and basic or optional

units for the other practice,

whichever you report on your

acreage report and qualify for;

(ii) One enterprise unit for all

acreage of the crop in the

county provided you meet the

requirements in section

34(a)(4); or

(iii) Basic or optional units for all

acreage of the crop in the

county, whichever you report

on your acreage report and

qualify for; or

(2) At any time after the acreage

reporting date, your unit structure

will be one enterprise unit for all

acreage of the crop in the county

provided you meet the

requirements in section 34(a)(4).

Otherwise, we will assign the basic

unit structure.

(D) If you elected an enterprise unit on one

practice (irrigated or non-irrigated) and

a different unit structure on the other

practice and we discover you do not

qualify for an enterprise unit for the

irrigated or non-irrigated practice and

such discovery is made:

(1) On or before the acreage reporting

date, your unit division will be

based on basic or optional units,

whichever you report on your

acreage report and qualify for; or

(2) At any time after the acreage

reporting date, we will assign the

basic unit structure.

(ix) You may elect enterprise units as allowed

by the Crop Provisions if provided in the

actuarial documents.

(5) For a whole-farm unit:

(i) To qualify:

(A) All crops in the whole-farm unit must be

insured:

(1) Under revenue protection (if you

elected the harvest price exclusion

for any crop, you must elect it for all

crops in the whole-farm unit),

unless the Special Provisions allow

whole-farm units for another plan of

insurance and you insure all crops

in the whole-farm unit under such

plan (e.g., if you plant corn and

soybeans for which you have

elected revenue protection and you

plant canola for which you have

elected yield protection, the corn,

soybeans and canola would be

assigned the unit structure in

accordance with section

34(a)(5)(v));

(2) With us (e.g., if you insure your

corn and canola with us and your

soybeans with a different insurance

provider, the corn, soybeans and

canola would be assigned the unit

structure in accordance with

section 34(a)(5)(v)); and

(3) At the same coverage level (e.g., if

you elect to insure your corn and

canola at the 65 percent coverage

level and your soybeans at the 75

percent coverage level, the corn,

soybeans and canola would be

assigned the unit structure in

accordance with section

34(a)(5)(v)) unless you can elect

separate coverage levels for all

irrigated and all non-irrigated crops

in accordance with section

3(b)(2)(iii) (e.g., if you elect to

insure your irrigated corn at the 65

percent coverage level you must

insure your irrigated canola at the

65 percent coverage level. If you

elect to insure your non-irrigated

corn at the 70 percent coverage

level you must insure your non-

irrigated canola at the 70 percent

coverage level. If you elect to

insure your irrigated corn at the 65

percent coverage level and your

irrigated canola at the 70 percent

coverage level your unit structure

will be assigned in accordance with

section 34(a)(5)(v));

(B) A whole-farm unit must contain all of the

insurable acreage of at least two crops;

and

each have planted acreage that

constitutes 10 percent or more of the

total planted acreage liability of all

insured crops in the whole-farm unit

(For crops for which revenue protection

is available, liability will be based on the

applicable projected price only for the

purpose of section 34(a)(5)(i)(C));

(ii) You will be required to pay separate

administrative fees for each crop included in

the whole-farm unit;

(iii) You must separately designate on the

acreage report each basic unit for each crop

in the whole-farm unit;

(iv) If you want to change your unit structure

from a whole-farm unit to basic or optional

units in any subsequent crop year, you must

maintain separate records of acreage and

production:

(A) For each basic unit, to be eligible to use

such records to establish the production

guarantee for the basic units; or

(42 of 44)

(B) For optional units, to qualify for optional

units and to be eligible to use such

records to establish the production

guarantee for the optional units; and

(v) If we discover you do not qualify for a whole-

farm unit for at least one insured crop

because, even though you elected revenue

protection for all your crops:

(A) You do not meet all of the other

requirements in section 34(a)(5)(i), and

such discovery is made:

(1) On or before the acreage reporting

date, your unit division for all crops

for which you elected a whole-farm

unit will be based on basic or

optional units, whichever you

report on your acreage report and

qualify for; or

(2) At any time after the acreage

reporting date, we will assign the

basic unit structure for all crops for

which you elected a whole-farm

unit; or

(B) It was not possible to establish a

projected price for at least one of your

crops, your unit division will be based

on the unit structure you report on your

acreage report and qualify for only for

the crop for which a projected price

could not be established, unless the

remaining crops in the unit would no

longer qualify for a whole-farm unit, in

such case your unit division for the

remaining crops will be based on the

unit structure you report on your

acreage report and qualify for.

(b) Unless limited by the Crop Provisions or Special

Provisions, a basic unit as defined in section 1 of the

Basic Provisions may be divided into optional units if,

for each optional unit, you meet the following:

(1) You must plant the crop in a manner that results

in a clear and discernible break in the planting

pattern at the boundaries of each optional unit;

(2) All optional units you select for the crop year are

identified on the acreage report for that crop year

(Units will be determined when the acreage is

reported but may be adjusted or combined to

reflect the actual unit structure when adjusting a

loss. No further unit division may be made after

the acreage reporting date for any reason);

(3) You have records, that are acceptable to us, for

at least the previous crop year for all optional

units that you will report in the current crop year

(You may be required to produce the records for

all optional units for the previous crop year); and

(4) You have records of marketed or stored

production from each optional unit maintained in

such a manner that permits us to verify the

production from each optional unit, or the

production from each optional unit is kept

separate until loss adjustment is completed by us.

following, unless otherwise specified in the Crop

Provisions or allowed by written agreement:

(1) Optional units may be established if each optional

unit is located in a separate section where the

boundaries are readily discernible:

(i) In the absence of sections, we may consider

parcels of land legally identified by other

methods of measure, such as Spanish

grants, provided the boundaries are readily

discernible, if such parcels can be

considered as the equivalent of sections for

unit purposes in accordance with FCIC

procedures; or

(ii) In the absence of sections as described in

section 34(c)(1) or other methods of

measure used to establish section

equivalents as described in section

34(c)(1)(i), optional units may be

established if each optional unit is located in

a separate FSA farm number in accordance

with FCIC procedures;

(2) In addition to, or instead of, establishing optional

units by section, section equivalent or FSA farm

number, optional units may be based on irrigated

and non-irrigated acreage. To qualify as

separate irrigated and non-irrigated optional

units, the non-irrigated acreage may not continue

into the irrigated acreage in the same rows or

planting pattern. The irrigated acreage may not

extend beyond the point at which the irrigation

system can deliver the quantity of water needed

to produce the yield on which the guarantee is

based, except the corners of a field in which a

center-pivot irrigation system is used may be

considered as irrigated acreage if the corners of

a field in which a center-pivot irrigation system is

used do not qualify as a separate non-irrigated

optional unit. In this case, production from both

practices will be used to determine your approved

yield; and

(3) In addition to, or instead of, establishing optional

units by section, section equivalent or FSA farm

number, or irrigated and non-irrigated acreage,

separate optional units may be established for

acreage of the insured crop grown and insured

under an organic farming practice. Certified

organic, transitional and buffer zone acreages do

not individually qualify as separate units. (See

section 37 for additional provisions regarding

acreage insured under an organic farming

practice).

(d) Optional units are not available for crops insured

under a Catastrophic Risk Protection Endorsement.

(e) If you do not comply fully with the provisions in this

section, we will combine all optional units that are not

in compliance with these provisions into the basic unit

from which they were formed. We will combine the

optional units at any time we discover that you have

failed to comply with these provisions. If failure to

comply with these provisions is determined by us to

be inadvertent, and the optional units are combined

into a basic unit, that portion of the additional premium

paid for the optional units that have been combined

will be refunded to you for the units combined.

35. Multiple Benefits

(a) If you are eligible to receive an indemnity and are also

eligible to receive benefits for the same loss under

(43 of 44)

any other USDA program, you may receive benefits

under both programs, unless specifically limited by

the crop insurance contract or by law.

(b) Any amount received for the same loss from any

USDA program, in addition to the crop insurance

payment, will not exceed the difference between the

crop insurance payment and the actual amount of the

loss, unless otherwise provided by law. The amount

of the actual loss is the difference between the total

value of the insured crop before the loss and the total

value of the insured crop after the loss.

(1) For crops for which revenue protection is not

available:

(i) If you have an approved yield, the total

value of the crop before the loss is your

approved yield times the highest price

election for the crop; and

(ii) If you have an approved yield, the total

value of the crop after the loss is your

production to count times the highest price

election for the crop; or

(iii) If you have an amount of insurance, the total

value of the crop before the loss is the

highest amount of insurance available for

the crop; and

(iv) If you have an amount of insurance, the total

value of the crop after the loss is your

production to count times the price

contained in the Crop Provisions for valuing

production to count.

(2) For crops for which revenue protection is

available and:

(i) You elect yield protection:

(A) The total value of the crop before the

loss is your approved yield times the

applicable projected price (at the 100

percent price level) for the crop; and

(B) The total value of the crop after the loss

is your production to count times the

applicable projected price (at the 100

percent price level) for the crop; or

(ii) You elect revenue protection:

(A) The total value of the crop before the

loss is your approved yield times the

higher of the applicable projected price

or harvest price for the crop (If you have

elected the harvest price exclusion, the

applicable projected price for the crop

will be used); and

(B) The total value of the crop after the loss

is your production to count times the

harvest price for the crop.

determine and pay the additional amount due you for

any applicable USDA program, after first considering

the amount of any crop insurance indemnity.

36. Yield Options

If provided in the actuarial documents, you may elect the

following measures to increase your approved yield:

(a) Adjustments to actual yields within a database:

(1) You may exclude and replace one or more actual

yields, on an individual actual yield basis, that due

to an insurable cause of loss, are less than 60

percent of the applicable transitional yield.

(i) Each election made in section 36(a)(1) must

be made on or before the production

reporting date for the insured crop and each

such election will remain in effect for

succeeding crop years unless canceled by

the production reporting date for the

succeeding crop year. If you cancel an

election, the actual yield will be used in the

database. For example, if you elected to

substitute yields in your database for the

2020 and 2021 crop year, for any

subsequent crop year, you can elect to

cancel the substitution for either or both

crop years.

(ii) Each excluded actual yield will be replaced

with a yield equal to 60 percent of the

applicable transitional yield for the crop year

in which the yield is being replaced, unless

you qualify as a beginning farmer or

rancher, or veteran farmer or rancher, in

which case the excluded actual yield will be

replaced with a yield equal to 80 percent of

the applicable transitional yield for the crop

year in which the yield is being replaced.

(For example, if you elect to exclude a 2020

crop year actual yield, the transitional yield

in effect for the 2020 crop year in the county

will be used. If you also elect to exclude a

2021 crop year actual yield, the transitional

yield in effect for the 2021 crop year in the

county will be used). The replacement

yields will be used in the same manner as

actual yields for the purpose of calculating

the approved yield.

(iii) Once you have elected to exclude an actual

yield from the database, the replacement

yield will remain in effect until such time as

that crop year is no longer included in the

database unless this election is canceled in

accordance with section 36(a)(1)(i).

(iv) Although your approved yield will be used to

determine your amount of premium owed,

the premium rate will be increased to cover

the additional risk associated with the

substitution of higher yields.

(2) You may exclude any actual yield for any crop

year when FCIC determines for a county, or its

contiguous counties, the per planted acre yield

was at least 50 percent below the simple average

of the per planted acre yield for the crop in the

county for the previous 10 consecutive crop

years.

(3) You may replace actual yields determined using

your post-quality production amounts with actual

yields determined using your pre-quality

production amounts for previous crop years on an

individual actual yield basis.

(i) Each election made in section 36(a)(3) must

be made on or before the sales closing date

for the insured crop and will remain in effect,

unless canceled by the sales closing date

for the succeeding crop year.

(ii) In order to replace post-quality actual yields

for previous crop years, you must have filed

(44 of 44)

a notice of loss due to an insured cause of

loss for the crop year to be eligible.

(iii) Once the pre-quality actual yield replaces

the post-quality actual yield, the pre-quality

actual yield will remain in effect until such

time as that crop year is no longer included

in the database, unless this election is

canceled in accordance with section

36(a)(3)(i).

(iv) Although your approved yield will be used to

determine your amount of premium owed,

the premium rate will be increased to cover

the additional risk associated with the

replacement of higher pre-quality reduction

based actual yields.

(b) You may make adjustments to your approved yield by

limiting a reduction to the approved APH yield to a

maximum decline of 10 percent of the previous crop

year’s approved APH yield when such reduction is

due to a decline in production resulting from a natural

disaster or other insurable loss, as provided in FCIC

procedures.

37. Organic Farming Practices

(a) In accordance with section 8(b)(2), insurance will not

be provided for any crop grown using an organic

farming practice, unless the information needed to

determine a premium rate for an organic farming

practice is specified on the actuarial table, or

insurance is allowed by a written agreement.

(b) If insurance is provided for an organic farming

practice as specified in section 37(a), only the

following acreage will be insured under such practice:

(1) Certified organic acreage;

(2) Transitional acreage being converted to certified

organic acreage in accordance with an organic

plan; and

(3) Buffer zone acreage.

applicable:

(1) By the acreage reporting date, except as allowed

by section 37(c)(2), you must have:

(i) For certified organic acreage, a written

certification in effect from a certifying agent

indicating the name of the entity certified,

effective date of certification, certificate

number, types of commodities certified, and

name and address of the certifying agent (A

certificate issued to a tenant may be used to

qualify a landlord or other similar

arrangement).

(ii) For transitional acreage, a certificate as

described in section 37(c)(1)(i), or written

documentation from a certifying agent

indicating an organic plan is in effect for the

acreage.

(iii) For certified organic and transitional

acreage, records from the certifying agent

showing the specific location of each field of

certified organic, transitional, buffer zone,

and acreage not maintained under organic

management.

(2) If you do not meet the requirements in section

37(c)(1)(i) or (ii), you must provide documentation

that you have requested, in writing, your written

certification or organic plan by the acreage

reporting date.

(i) Your certificate or plan must be in effect prior

to the earlier of the end of the insurance period

or when coverage ends as provided in section

11(b).

(ii) Your acreage will remain insured under the

practice you reported on the acreage reporting

date unless you have a loss. If you have a

loss and do not have a certificate or plan in

place at the time the claim is finalized in

accordance with the applicable policy

provisions, then your acreage will be insured

under the practice for which it qualifies.

(d) If you claim a loss on any acreage insured under an

organic farming practice, you must provide us with

copies of the records required in section 37(c).

(e) If any acreage qualifies as certified organic or

transitional acreage on the date you report such

acreage, and such certification is subsequently

revoked or suspended by the certifying agent, or the

certifying agent does not consider the acreage as

transitional acreage for the remainder of the crop

year, that acreage will remain insured under the

reported practice for which it qualified at the time the

acreage was reported. Any loss due to failure to

comply with organic standards will be considered an

uninsured cause of loss.

(f) Contamination by application or drift of prohibited

substances onto land on which crops are grown using

organic farming practices will not be an insured peril

on any certified organic, transitional or buffer zone

acreage.

(g) In addition to the provisions contained in section 17(f),

prevented planting coverage will not be provided for

any acreage based on an organic farming practice in

excess of the number of acres that will be grown

under an organic farming practice and shown as such

in the records required in section 37(c).

(h) In lieu of the provisions contained in section 17(f)(1)

that specify prevented planting acreage within a field

that contains planted acreage will be considered to be

acreage of the same practice that is planted in the

field, prevented planting acreage will be considered

as organic practice acreage if it is identified as

certified organic, transitional, or buffer zone acreage

in the organic plan.