native sod
(4) Program reduction in benefits relating to crop production on native sod (A) Definition of native sod In this paragraph, the term “native sod” means land— (i) on which the plant cover is composed principally of native grasses, grasslike plants, forbs, or shrubs suitable for grazing and browsing; and (ii) that has never been tilled, or the producer cannot substantiate that the ground has ever been tilled, for the production of an annual crop as of the date of enactment of this paragraph. (B) Reduction in benefits (i) In general (I) Agricultural Act of 2014 During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an annual crop during the period beginning on February 8, 2014 , and ending on December 20, 2018 , shall be subject to a reduction in benefits under this section as described in this subparagraph. (II) Subsequent years Native sod acreage that has been tilled for the production of an eligible crop after December 20, 2018 , shall be subject to a reduction in benefits under this section as described in this subparagraph for not more than any 4 crop years— (aa) during the first 10 crop years after the initial tillage; and (bb) during which a crop on that acreage is enrolled under subsection (l)(2) or (k). (ii) De minimis acreage exemption The Secretary shall exempt areas of 5 acres or less from clause (i). (iii) Reduction For purposes of the reduction in benefits for the acreage described in clause (i)— (I) the approved yield shall be determined by using a yield equal to 65 percent of the county expected yield; and (II) the service fees or premiums for crops planted on native sod shall be equal to 200 percent of the amount determined in subsections (l)(2) or (k), as applicable, but in no case shall exceed the amount determined in subsection (l)(2)(B)(ii). (C) Application This paragraph shall only apply to native sod acreage in the States of Minnesota, Iowa, North Dakota, South Dakota, Montana, and Nebraska.