A VEIW FROM THE SOUTH

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THE NEW FARM BILL OUTSIDE THE BELTWAY: A VEIW FROM THE SOUTH March 3, 2009 Wes Harris Special Projects Coordinator Public Policy Center for Agribusiness and Economic Development The University of Georgia

Introduction Personal Reality Check Farm Bill fatigue translated into denial & complacency Educational programs to about 2,000 farmers and agribusiness pros Reactions and implications of educational efforts

ACRE vs DCP Overview Payment Limitation Reform - Payment Eligibility Marketing Assistance Loan Cotton and Peanuts Disaster Conservation issues No dairy, rice or sugar discussion

ACRE vs DCP

$0.52 $0.44 $2.35 $36 $0.0667 $0.28 2007 2008-12 DP Rate $2.94 $2.75 $2.75 $4.17 $3.92 $3.92 Wheat (bu) $5.00 $5.00 $5.00 $6.00 $5.80 $5.80 Soybeans (bu) $6.50 $6.50 $6.50 $10.50 $10.50 $10.50 Rice (cwt) $355 $355 $355 $495 $495 $495 Peanuts (ton) $0.52 $0.52 $0.52 $0.7125 $0.7125 $0.724 Cotton (lb) $1.95 $1.95 $1.95 $2.63 $2.63 $2.63 Corn (bu) 2010-12 2008-09 2007 2010-12 2008-09 2007 Period Period Loan Rate Target Price Commodity

Average Crop Revenue Election (ACRE) June 1st is final deadline for DCP or ACRE contracts If DCP contract already exists and ACRE is elected for the farm, the DCP contract is rescinded and a new ACRE contract implemented Elect and then enroll with all producers agreeing

Average Crop Revenue Election ACRE is one time irrevocable election beginning in 2009 Election is for all crops May elect in 2009, 2010, 2011, or 2012 Agree to 20% reduction in all direct payments and 30% reduction in loan rates

ACRE A production program: only planted acres of the crop are eligible WTO AMS - Amber

ACRE Farm must have base and cannot exceed base acres on the farm ACRE is by individual farm number If producer does not make an election for ACRE then DCP applies

Average Crop Revenue Election State ACRE Guarantee = 90% X 5-Year Olympic State Avg. Yield X 2-year Natl. Average Mkt. Yr. Price Restricted to < 10% change/year cup and cap AND Farm Trigger Farm ACRE Benchmark = (Farm's 5-Year Olympic Avg. Yield X 2-year Natl. Average Mkt. Yr. Price) + Ins Premium > > Actual State Revenue = Actual State Planted Acre Yield X MAX [Natl. Average Mkt. Yr. Price OR 70% Loan Rate] Actual Farm Revenue = Actual Farm s Planted Acre Yield X MAX [ Natl. Average Mkt. Yr. Price OR 70% Loan Rate] Farm Payment = 0.833 (0.85 in 2012) * Actual Planted or Considered Planted Acres X [ Farm's 5-Year Olympic Average Yield / State s 5-year Olympic Average Yield ] X MIN[ (State ACRE Guarantee Actual State Revenue) OR State ACRE Guarantee * 25%] Note: All Yields are Planted Acre Yields J. Outlaw, TAMU AgriLife

ACRE Decision - 2009 If the farm has cotton or peanut base: NO - direct payment cost and ccp loss, LDP/MLG loss due to 30% reduction in loan value Insignificant or no cotton or peanut base, but may plant cotton or peanuts in 2009 2012 NO - loss of LDP/ loss of LDP/MLGs & possible ccps (peanut peanut contracts?)

ACRE Decision - 2009 Insignificant or no cotton or peanut base and will not plant either 2009 2012 Possibly depending on crops you intend to plant: - Possibly o Wheat best o Soybeans minimal price o Corn greatest movement in price and yield

$246 $246 $9.550 $9.550 28.7 28.7 Soybeans Soybeans $597 $597 $0.223 $0.223 2980.0 2980.0 Peanuts Peanuts $396 $396 $0.537 $0.537 819.7 819.7 Cotton Cotton $471 $471 $4.100 $4.100 127.7 127.7 Corn Corn $289 $289 $6.590 $6.590 48.7 48.7 Wheat Wheat State State ACRE ACRE Program Program Guarantee Guarantee ACRE ACRE Program Program Guarantee Guarantee Price Price Olympic Olympic Average Average State State Yields Yields Georgia Georgia Commodity Commodity

Cotton DP/CCP Yield = 730 lbs Cotton CCP ACRE Price DCP Direct ACRE Direct ACRE Yield $100 Yield 750 725 700 675 650 $100 $80 $60 $40 $20 $0 $0.65 $0.60 $0.55 $0.50 $0.45 $0

Peanuts DP/CCP Yield = 3000 lbs Peanut CCP ACRE Price DCP Direct ACRE Direct ACRE Yield Yield 3100 3000 3000 2900 2800 $140 $140 $120 $100 $80 $60 $40 $20 $0 $0.22 $0.21 $0.20 $0.19 $0.18 $0

Wheat DP/CCP Yield = 42 bu Wheat CCP ACRE Price ACRE Yield DCP Direct ACRE Direct $80 Yield 44 40 36 32 30 $48 $70 $42 $60 $36 $50 $40 $30 $20 $30 $24 $18 $12 Direct Payments $10 $6 $0 $6.50 $6.00 $5.50 $5.00 $4.50 $0

Corn DP/CCP Yield = 80 bu Corn CCP ACRE Price ACRE Yield DCP Direct ACRE Direct $120 Yield 125 110 95 80 65 $48 $100 $40 $80 $60 $40 $32 $24 $16 Direct Payments $20 $8 $0 $4.00 $3.75 $3.50 $3.25 $3.00 $0

Soybean DP/CCP Yield = 24 bu Soybean CCP ACRE Price ACRE Yield DCP Direct ACRE Direct $70 Yield 22 20 18 16 14 $28 $60 $24 $50 $20 $40 $30 $20 $16 $12 $8 Direct Payments $10 $4 $0 $9.50 $9.00 $8.50 $8.00 $7.50 $0

Payment Limitations 2009-2012 2012 AGI: - Farmer $750,000 (no direct payments) - Non-farmer $500,000 (all commodity progs) Conservation programs: - AGI limit $1 million unless 2/3 from farm and forestry Direct attribution - 3 entity rule repealed Spouse eligibility with qualifications

Payment Limitations Direct payment limit*: $40,000 Counter-Cyclical Cyclical limit*: $65,000 ACRE direct limit*: $40,000 20% DP ACRE limit*: $65,000 + DP reduction No MLG/LDP limit after 2008* *including peanuts DP and CCP limits 2008 2012 ACRE limits 2009-2012

Payment Limits Direct Attribution Individual social security numbers and tax id numbers for legal entities Individual can be part of unlimited number of entities, but individual limit applies from attribution

Payment Limits Eligibility Right hand: labor and management Left hand: capital, equipment, or land Spouse granted right hand contribution as actively engaged, must meet left hand as significant and requisite contribution separate of other spouse

Payment Limits - Eligibility The 2008 Farm Bill requires a significant contribution of active personal labor or active personal management to a farming operation to qualify a person or legal entity for payment

Payment Limits Partnerships Joint Venture (JV) or General Partnerships (GP): payment limit multiplied by the number of persons or legal entities (other than JVs and GPs) that comprise the direct ownership of the JV or GP

Payment Limits Partnerships Example Father, two sons, and legal entity form GP all payment eligible: - DCP DP Limit: (4)*($40,000) = $160,000 - ACRE DP Limit: (4)*($40,000-$8,000) $8,000) = $128,000 - CCP Limit: (4)*($65,000) = $260,000 - ACRE Limit: (4)*($65,000+$8,000) = $292,000

Payment Limits - Legal Entities Active personal labor, active personal management,, or a combination thereof, by each member or shareholder that has an ownership interest in an entity is required, and such contributions must be significant and commensurate

Payment Limits - Legal Entities Active personal labor or active personal management of each member: - must be made to the farming operation on a regular basis - must be identifiable and documentable as a separate and distinct contribution from that of any other member or shareholder in the farming operation.

Payment Limits - Legal Entities Legal entities have same program payment limits as individuals If any member exceeds individual payment limit, the payments to the entity are reduced by the percentage share of the member If a member is not payment eligible (labor/mgt) entity payment reduced by the percentage share of member

Example of Distinct Labor/Mgt Corp ABC with 4 members (1,2,3,4) - 1 Executes all marketing (contracts/grain deliveries/gin transactions) 25% owner - 2 - Purchases all inputs (invoices, purchase orders) 25% owner - 3 Maintains payroll and supervision (payroll documents) 25% owner - 4 Provides capital 25% owner Payments reduced by 25% as 4 is not eligible due to no labor/mgt contributed

Marketing Assistance Loans/LDPs Same as 2002 Farm Bill with a few changes Loan rate on wheat increases to $2.94 Loan repayment rates based on avg market prices during previous 30 day period except for cotton, peanuts and rice Secretarial discretion provided (LRR)

Marketing Assistance Loans/LDPs Cotton and Rice loan repayment rate is the lesser of - Loan rate + interest - Prevailing world market price Cotton storage will be reduced by 10% (eliminated in Budget Recon?)

Marketing Assistance Loans/LDPs Loan Deficiency Payments calculated from loan repayment rates (30 day) or cotton, peanut, or rice LRRs Beneficial interest may be retained

Economic Assistance to Upland Cotton Users Beginning 8/1/08 thru 7/31/12 economic assistance is provided at the rate of 4 per lb to domestic users of upland cotton After 8/1/12 support is 3 3 per lb Acquire, construct, install, modernize, develop, convert, or expand land, plant, bldgs, equip, facilities, or machinery Paid monthly **Target price reduction**

Separate title Peanuts Separate payment limits Timing of payments same as covered Handling and associated costs paid by CCC on loan peanuts Redeemed peanut loans repay handling and associated costs

Peanuts CCC pays storage, handling, and associated costs on all forfeited peanut loans LRR and LDPs calculated on date of request of payment

Title XV Supplemental Agricultural Disaster Assistance Amended by H. R. 6849 (P.L. 110-398) 10/13/08 Further Amended by H. R. 1 (P. L. 111-5) 2/17/09 UGA - Center for Agribusiness and Economic Development 2008 Farm Bill

Title XV Supplemental Agricultural Disaster Assistance The Trade Act of 1974 is amended to create a Supplemental Agricultural Disaster Assistance (SADA) trust fund to provide funds for producers suffering losses in designated disaster areas with a waiver for those farms outside the declared areas when losses exceed 50% for the farm funds generated through 2011

SADA The Trust Fund will support five new disaster assistance programs: - Supplemental Revenue Program (SURE) - Livestock Forage Disaster Program (LFP) - Livestock Indemnity Program (LIP) - Tree Assistance Program (TAP) - Emergency Assistance Program for livestock, honey bees, and farm raised fish (ELAP)

SADA Except for LIP ALL SUPPLEMENTAL DISASTER ASSISTANCE PROGRAMS REQUIRE CROP INSURANCE OR NON-INSURED CROP ASSISTANCE PROGRAM (NAP) COVERAGE FOR EACH CROP OF ECONOMIC SIGNIFICANCE

Crops of Economic Significance If a crop in the total operation generates less than 5% of the total crop revenue for the operation; the crop is exempt from crop insurance or NAP for SURE eligibility OR if the normal expected revenue of the crop is less than $9,091; ; it is exempt

SURE The Supplemental Revenue Assistance Program (SURE) provides crop disaster assistance payments for crop production losses or crop quality losses, or both Crop disaster payments will be: - 60 percent of the difference between the disaster assistance program guarantee and the total farm revenue for the farm

SURE Crop Loss Eligibility The actual production yield for at least 1 crop of economic significance must be reduced by at least 10 percent due to disaster (adverse weather) from the actual production history yield* *As amended

SURE A farm constitutes the sum of all crop acreage in all counties that is planted or intended to be planted for harvest by the producer

SURE Program guarantee is calculated adding for each insurable commodity the product of: - the larger of the APH yield, or the CCP yield X - the percent of crop insurance yield guarantee X - the percentage of crop insurance price X - the crop insurance price X - the acres planted or prevented planted of the crop X - 115 percent

SURE Noninsurable commodities (NAP) on the farm would be added at the rate of the product of: - the NAP yield guarantee X - the acres planted or prevented planted of the crop X - 100 percent of the NAP established price X - 120 percent

SURE Total farm revenue equals the sum of: - the actual value of each economically significant crop - 15 percent of any direct payments - all counter-cyclical cyclical or ACRE payments - prevented planting payments - all crop insurance indemnities - payments received under NAP - any LDP/MLG - and any other disaster assistance payments (ECP etc)

SURE The actual value for each crop is the product of: - the actual crop acreage harvested X - the actual yield of the crop X - the market year average price

SURE Adjustments will be made to the average market prices to reflect the average quality discounts applied to the local or regional market price of a crop, hay, or forage* due to a reduction resulting from adverse weather *As amended (function of AG vs Finance)

$90,000 $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 SURE vs CDP Bowman County, ND 1400 ac Wheat, 200 ac Corn (30 bu) Wheat APH 40, Corn APH 100 SURE CDP 24 22 20 18 16 14 12 10 Wheat Yield

SURE vs CDP Georgia Farm 50% Loss in: Cotton (1000 ac, 650 APH). Corn (150 ac, 75 APH), Soybeans (100 ac, 24 APH); normal Wheat crop (100 ac, 40 APH); Peanuts (400 ac, 2800 APH) variable $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 2100 2000 1900 1800 1700 1600 1500 1400 Peanut Yields SURE CDP

Commodity 100 acres@ 65% loss CAT 50% 55% 60% 65% 70% 75% Cotton 90 APH 685 lbs 0 $307 $516 $726 $935 $1,145 $1,355 Cotton CRC 685 lbs N/A $1,880 $2,117 $2,355 $2,592 $2,829 $3,067 Wheat 90 APH 45 bu 0 0 0 0 $67 $166 $265 Wheat CRC 45 bu N/A $967 $1,087 $1,207 $1,327 $1,447 $1,567 Peanuts 90 APH 2900 lbs 0 $2,581 $2,902 $3,223 $3,544 $3,865 $4,186 Highbush 90 APH 5000 lbs 0 $37,875 $42,713 $47,550 $52,387 $57,225 $62,062

American Recovery and Reinvestment Act Agricultural Disaster Assistance Transition for 2008: $744,000,000

ARRA Producers failing to pay the buy in fee due Sep 2008 are eligible if they: - pay the buy in fee within 90 days; AND - for each insurable commodity, agree to obtain a policy for the next insurance year that crop insurance is available at 70% or more of APH at 100 percent of the expected market price, or an equivalent coverage; AND - for each noninsurable commodity agree to pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the next year for which a policy is available

ARRA Producers will be eligible to receive assistance as if they: - had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent of APH at 100 percent of price, or an equivalent coverage; or - had paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except USDA will use 70 percent of the applicable yield (vs 50% yield & 55% price)

ARRA Equitable Relief Producers that met the requirements as set by FECA and are eligible to receive a disaster assistance payment for the 2008 crop year will receive an amount equal to the greater of-- - the amount calculated under ARRA by paying new buy in; or - the amount that is calculated using 120% instead of 115% of guarantee for crop insurance, or 125% instead of 120% for NAP

ARRA - Equity USDA will make adjustments as necessary to ensure that no producer receives a payment or an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to this action

ARRA Multiyear Loss USDA may provide additional assistance to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses

Disaster Programs Experience is verifying difficulty of creating an encompassing and budget sensitive crop disaster program Congress and USDA must work cooperatively to effectively reduce unintended consequences WELCOME BACK AD HOC!

Conservation Title II Environmental Quality Incentives Program (EQIP) AWEP - Agricultural Water Enhancement Program Conservation Stewardship Program (CStP) Market Driven Conservation Carbon Markets

Southern Summary Loss of innocence Wins: - LRR and LDP calculations - Beneficial Interest Maintained - MLG/LDP payment limitation removal - Peanut separate Payment Limits - Cotton, Sugar, Dairy, Rice Provisions Losses: - ACRE Target Prices - Payment Limitations (eligibility) - Disaster

Questions or Reactions

Wes Harris Special Projects Coordinator Public Policy Center for Agribusiness and Economic Development THE UNIVERSITY OF GEORGIA wlharris@uga.edu 912.871.6130 www.caed.uga.edu