Page:United States Statutes at Large Volume 123.djvu/143

 123STA T . 123 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (D)LIM I TA TI ON.—Foram o unts ma de a v a il a b le under t h is p ara g raph , the S e c retar y may ma k e such ad j ustments as are necessary to ensure that no producer receives a payment under this paragraph f or an amount in e x cess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insur - ance prior to the date of enactment of this paragraph. ‘‘( E ) AU T H O R IT Y O F TH ES E C RETARY.— T he Secretary may provide such additional assistance as the Secretary considers appropriate to provide e q uitable treatment for eligible producers on a farm that suffered production losses in the 20 0 8 crop year that result in multiyear production losses, as determined by the Secretary. ‘‘(F) LAC K OF ACCESS.— N ot w ithstanding any other provision of this section, the Secretary may provide assist- ance under this section to eligible producers on a farm that— ‘‘(i) suffered a production loss due to a natural cause during the 2008 crop year and ‘‘(ii) as determined by the Secretary— ‘‘( I )(aa) except as provided in item (bb), lack access to a policy or plan of insurance under sub- title A; or ‘‘(bb) do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming prac- tices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the U nited States; and ‘‘(II) are not eligible for the noninsured crop disaster assistance program established by section 1 96 of the Federal Agriculture Improvement and R eform Act of 1996 ( 7 U.S. C .7 3 33). ’ ’. (b) TRA D EACTOF197 4 .—Section 901(g) of the Trade Act of 1974 (19 U.S.C. 2497(g)) is amended by adding at the end the following ‘‘(7) 2008 TRANSITION ASSISTANCE.— ‘‘(A) IN G ENERA L .—Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subpara- graph shall be eligible for assistance under this section in accordance with subparagraph ( B ) if the eligible pro- ducers on the farm— ‘‘(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enact- ment of this paragraph; and ‘‘(ii)(I) in the case of each insurable commodity of the eligible producers on the farm, excluding gra z ing land, agree to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1 5 01 et seq.) (excluding a crop insurance pilot program under that Act) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield Deadlin e .