Page:United States Statutes at Large Volume 102 Part 3.djvu/724

 102 STAT. 2676

PUBLIC L A W 100-532—OCT. 25, 1988 event of suspension or cancellation of the pesticide; and "(11) owned any quantity of the pesticide for purposes of— "(aa) distributing or selling it; or "(bb) further processing it for distribution or sale directly to an end user; suffered a loss by reason of the suspension or cancellation of the pesticide; and "(iv) the Administrator determines on the basis of a claim of loss submitted to the Administrator by the person, that the seller— "(I) did not provide the notice specified in subparagraph (A) to such person; and "(II) is and will continue to be unable to provide reimbursement to such person, as provided under subparagraph (A), for the loss referred to in clause (iii), as a result of the insolvency or bankruptcy of the seller and the seller's resulting inability to provide such reimbursement; the person shall be entitled to an indemnity payment under this subsection for such quantity of the pesticide. "(C) If an indemnity payment is made by the United States under this paragraph, the United States shall be subrogated to any right that would otherwise be held under this paragraph by a seller who is unable to make a reimbursement in accordance with this paragraph with regard to reimbursements that otherwise would have been made by the seller. "(3) SOURCE.—Any payment required to be made under paragraph (1) or (2) shall be made from the appropriation provided under section 1304 of title 31, United States Code. "(4) ADMINISTRATIVE SETTLEMENT.—An administrative settle-

ment of a claim for such indemnity may be made in accordance with the third paragraph of section 2414 of title 28, United States Code, and shall be regarded as if it were made under that section for purposes of section 1304 of title 31, United States Code. "(c) AMOUNT OF PAYMENT.—

"(1) IN GENERAL.—The amount of an indemnity payment under subsection (a) or (b) to any person shall be determined on the basis of the cost of the pesticide owned by the person (other than the cost of transportation, if any) immediately before the issuance of the notice to the registrant referred to in subsection (a)(1)(A), (b)(1)(A), or (b)(2)(B)(i), except that in no event shall an indemnity payment to any person exceed the fair market value of the pesticide owned by the person immediately before the issuance of the notice. "(2) SPECIAL RULE.—Notwithstanding any other provision of this Act, the Administrator may provide a reasonable time for use or other disposal of the pesticide. In determining the quantity of any pesticide for which indemnity shall be paid under this section, proper adjustment shall be made for any pesticide used or otherwise disposed of by the owner.". 7 USC 136m

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(b) INTERIM PAYMENTS.—

(1) SOURCE.—Any obligation of the Administrator to pay an indemnity arising under section 15, as it existed prior to the

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