Page:United States Statutes at Large Volume 122.djvu/1517

 12 2 STA T . 1 49 4 PUBLIC LA W 11 0– 2 3 4 —M A Y 22, 200 8‘ ‘ (i i )LIM I TA TI ON.—Anel i g i b le li v e stockpr o du cer may only receive assistance under t h is paragraph f or losses that occur on not more than 180 days per year. ‘‘( 5 ) M INIM U M R I SK MANA GE MENT P UR CH ASE RE Q UIRE - MENTS.— ‘‘(A) I N GENERA L .— Ex cept as other w ise provided in this paragraph , a livestock producer shall only be eligible for assistance under this subsection if the livestock pro- ducer— ‘‘(i) obtained a policy or plan of insurance under the F ederal C rop Insurance Act ( 7U . S .C. 1501 et se q .) for the gra z ing land incurring the losses for which assistance is being requested or ‘‘(ii) filed the required paperwork, and paid the administrative fee by the applicable State filing dead- line, for the noninsured crop assistance program for the grazing land incurring the losses for which assist- ance is being requested. ‘‘( B ) W AI V ER F OR SOCIALL YD ISADVANTAGED, LIMITED RESOURCE, OR B EGINNING FARMER OR RANCHER.—In the case of an eligible livestock producer that is a socially disadvantaged farmer or rancher or limited resource or beginning farmer or rancher, as determined by the Sec- retary, the Secretary may— ‘‘(i) waive subparagraph (A); and ‘‘(ii) provide disaster assistance under this section at a level that the Secretary determines to be equitable and appropriate. ‘‘(C) WAIVER FOR 20 0 8 CALENDAR YEAR.—In the case of an eligible livestock producer that suffered losses on grazing land during the 2 008 calendar year but does not meet the requirements of subparagraph (A), the Secretary shall waive subparagraph (A) if the eligible livestock pro- ducer pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under subparagraph (A) to the Secretary not later than 9 0 days after the date of enactment of this subtitle. ‘‘( D ) EQUITABLE RELIEF.— ‘‘(i) IN GENERAL.— T he Secretary may provide equi- table relief to an eligible livestock producer that is otherwise ineligible or unintentionally fails to meet the requirements of subparagraph (A) for the grazing land incurring the loss on a case-by-case basis, as determined by the Secretary. ‘‘(ii) 2008 CALENDAR YEAR.—In the case of an eligible livestock producer that suffered losses on grazing land during the 2008 calendar year, the Sec- retary shall take special consideration to provide equi- table relief in cases in which the eligible livestock producer failed to meet the requirements of subpara- graph (A) due to the enactment of this title after the closing date of sales periods for crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop assistance program. ‘‘( 6 ) N O DUPLICATIVE PAYMENTS.—

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