Page:United States Statutes at Large Volume 110 Part 1.djvu/971

 PUBLIC L.\W 104-127—APR. 4, 1996 110 STAT. 947 "(i) be offered through reinsurance arrangements with private insurance companies; "(ii) offer at least a minimum level of coverage that is an alternative to catastrophic crop insurance; " (iii) be actuarially sound; and "(iv) require the payment of premiums and administrative fees by an insured producer.". SEC. 196. ADMINISTRATION AND OPERATION OF NONINSURED CROP 7 USC 7333. ASSISTANCE PROGRAM. (a) OPERATION AND ADMINISTRATION OF PROGRAM. — (1) IN GENERAL. —In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverage equivalent to the catastrophic risk protection otherwise available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)). The Secretary shall carry out this section through the Consolidated Farm Service Agency (in this section referred to as the "Agency"). (2) ELIGIBLE CROPS.— (A) IN GENERAL.— In this section, the term "eligible crop" means each commercial crop or other agricultural commodity (except livestock)— (i) for which catastrophic risk protection under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is not available; and (ii) that is produced for food or fiber. (B) CROPS SPECIFICALLY INCLUDED. — The term "eligible crop" shall include floricultural, ornamental nursery, and Christmas tree crops, turfgrass sod, seed crops, aquaculture (including ornamental fish), and industrial crops. (3) CAUSE OF LOSS.— To qualify for assistance under this section, the losses of the noninsured commodity shall be due to drought, flood, or other natural disaster, as determined by the Secretary. (b) APPLICATION FOR NONINSURED CROP DISASTER ASSIST- ANCE. — (1) TIMELY APPLICATION.— To be eligible for assistance under this section, a producer shall submit an application for noninsured crop disaster assistance at a local office of the Department. The application shall be in such form, contain such information, and be submitted at such time as the Secretary may require. (2) RECORDS.—^A producer shall provide records, as required by the Secretary, of crop acreage, acreage jdelds, and production. (3) ACREAGE REPORTS. —^A producer shall provide reports on acreage planted or prevented from being planted, as required by the Secretary, by the designated acreage reporting date for the crop and location as established by the Secretary. (c) Loss REQUIREMENTS. — (1) REQUIRED AREA LOSS.—^A producer of an eligible crop shall not receive noninsured crop disaster assistance unless the average yield for that crop, or an equivalent measure in the event yield data are not available, in an area falls below 65 percent of the expected area yield, as established by the Secretary.

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