Page:United States Statutes at Large Volume 122.djvu/1427

 12 2 STA T . 1 40 4 PUBLIC LA W 110 – 2 3 4 —M A Y 22, 200 8ap p lic a b l eSt ate f ili ngd eadline , f or t h e nonin su red crop assistance progra m.‘ ‘ (2)MIN I MU M. —T o be considered to ha v e obtained insur - ance under paragraph ( 1 )( A ), an eligible producer on a farm shall have obtained a polic y or plan of insurance w ith not less than 50 percent yield coverage at 55 percent of the insur- able price for each crop gra z ed, planted, or intended to be planted for harvest on a whole farm. ‘‘( 3 ) WA I VERFO R S O C IA L L YD ISADVAN T A G ED, LIMITED RESOURCE, OR B EGINNING FARMER OR RANC H ER.—With respect to eligible producers that are socially disadvantaged farmers or ranchers or limited resource or beginning farmers or ranchers, as determined by the Secretary, the Secretary may— ‘‘(A) waive paragraph (1) and ‘‘( B ) provide disaster assistance under this section at a level that the Secretary determines to be e q uitable and appropriate. ‘‘( 4 ) WAIVER FOR 20 0 8 CRO P YEAR.— I n the case of an eligible producer that suffered losses in an insurable commodity or noninsurable commodity during the 200 8 crop year but does not meet the requirements of paragraph (1), the Secretary shall waive paragraph (1) if the eligible producer pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic ris k protection plan fee required under paragraph (1) to the Secretary not later than 9 0 days after the date of enactment of this subtitle. ‘‘(5) EQ UITABLE RELIEF.— ‘‘(A) IN GENERAL.—The Secretary may provide equi- table relief to eligible producers on a farm that are other- wise ineligible or unintentionally fail to meet the require- ments of paragraph (1) for 1 or more crops on a farm on a case-by-case basis, as determined by the Secretary. ‘‘(B) 2008 CROP YEAR.—In the case of eligible producers on a farm that suffered losses in an insurable commodity or noninsurable commodity during the 2008 crop year, the Secretary shall take special consideration to provide equi- table relief in cases in which the eligible producers failed to meet the requirements of paragraph (1) due to the enactment of this subtitle after the closing date of sales periods for crop insurance under subtitle A and the non- insured crop assistance program. ‘‘(h) P AYMENT L IMITATIONS.— ‘‘(1) D EFINITIONS OF LEGAL ENTITY AND PERSON.—In this subsection, the terms ‘legal entity ’ and ‘person’ have the meaning given those terms in section 1001(a) of the F ood Secu- rity Act of 1985 ( 7U .S. C . 1308(a) (as amended by section 1 6 03 of the Food, Conservation, and Energy Act of 2008). ‘‘(2) AMOUNT.—The total amount of disaster assistance pay- ments received, directly or indirectly, by a person or legal entity (e x cluding a j oint venture or general partnership) under this section (excluding payments received under subsection (f)) may not exceed $ 100,000 for any crop year. ‘‘(3) A G I LIMITATION.—Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308 – 3a) or any successor provision shall apply with respect to assistance provided under this sec- tion. Ap p licab ili ty.

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