HR 6849 EAS

To amend the commodity provisions of the Food, Conservation, and Energy Act of 2008 to permit producers to aggregate base acres and reconstitute farms to avoid the prohibition on receiving direct payments, counter-cyclical payments, or average crop revenue election payments when the sum of the base acres of a farm is 10 acres or less, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the followingAMENDMENT:Strike all after the enacting clause and insert the following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. TREATMENT OF FARMS WITH LIMITED BASE ACRES.CommentsClose CommentsPermalink

(a) Suspension of Prohibition-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1101(d) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) SUSPENSION OF PROHIBITION- Paragraphs (1) through (3) shall not apply during the 2008 crop year.’.CommentsClose CommentsPermalink





(2) PEANUTS- Section 1302(d) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8752(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) SUSPENSION OF PROHIBITION- Paragraphs (1) through (3) shall not apply during the 2008 crop year.’.CommentsClose CommentsPermalink





(b) Extension of 2008 Signup for Direct Payments and Counter-Cyclical Payments-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1106 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8716) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Extension of 2008 Signup-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall extend the 2008 crop year deadline for the signup for benefits under this subtitle by producers on a farm with base acres of 10 acres or less until the later of--CommentsClose CommentsPermalink





‘(A) November 14, 2008; orCommentsClose CommentsPermalink





‘(B) the end of the 45-day period beginning on the date of the enactment of this subsection.CommentsClose CommentsPermalink





‘(2) PENALTIES- The Secretary shall ensure that no penalty with respect to benefits under this subtitle or subtitle B is assessed against producers on a farm described in paragraph (1) for failure to submit reports under this section or timely comply with other program requirements as a result of compliance with the extended signup deadline under that paragraph.’.CommentsClose CommentsPermalink





(2) PEANUTS- Section 1305 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8755) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Extension of 2008 Signup-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall extend the 2008 crop year deadline for the signup for benefits under this subtitle by producers on a farm with base acres of 10 acres or less until the later of--CommentsClose CommentsPermalink





‘(A) November 14, 2008; orCommentsClose CommentsPermalink





‘(B) the end of the 45-day period beginning on the date of the enactment of this subsection.CommentsClose CommentsPermalink





‘(2) PENALTIES- The Secretary shall ensure that no penalty with respect to benefits under this subtitle is assessed against producers on a farm described in paragraph (1) for failure to submit reports under this section or timely comply with other program requirements as a result of compliance with the extended signup deadline under that paragraph.’.CommentsClose CommentsPermalink





(c) Offsetting Reduction- Section 515(k)(1) of the Federal Crop Insurance Act (7 U.S.C. 1515(k)(1)) is amended by striking ‘2011’ and inserting ‘2010, and not more than $9,000,000 for fiscal year 2011’.CommentsClose CommentsPermalink

(a) Federal Crop Insurance Act-CommentsClose CommentsPermalink





(1) DEFINITIONS- Section 531(a) of the Federal Crop Insurance Act (7 U.S.C. 1531(a)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (3)(B), by inserting ‘has’ after ‘on a farm that’;CommentsClose CommentsPermalink





(B) in paragraph (4), by striking ‘section 1102 of the Farm Security and Rural Investment Act of 2002’ and all that follows through the end of the paragraph and inserting ‘under--CommentsClose CommentsPermalink





‘(i) section 1102 or 1302 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912, 7952);CommentsClose CommentsPermalink





‘(ii) section 1102 or 1301(6) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); orCommentsClose CommentsPermalink





‘(iii) a successor section.’;CommentsClose CommentsPermalink





(C) in paragraph (5)(B)(ii), by striking ‘, the total loss’ and all that follows through the end of the paragraph and adding ‘the actual production on the farm is less than 50 percent of the normal production on the farm.’;CommentsClose CommentsPermalink





(D) in paragraph (7)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by inserting ‘for sale or on-farm livestock feeding (including native grassland intended for haying)’ after ‘harvest’; andCommentsClose CommentsPermalink





(ii) in subparagraph (C), by inserting ‘for sale’ after ‘crop’;CommentsClose CommentsPermalink





(E) by redesignating paragraphs (2) through (4), (5) through (12), and (13) through (18) as paragraphs (3) through (5), (7) through (14), and (16) through (21), respectively;CommentsClose CommentsPermalink





(F) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) ACTUAL PRODUCTION ON THE FARM- The term ‘actual production on the farm’ means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).’;CommentsClose CommentsPermalink





(G) by inserting after paragraph (5) (as redesignated by subparagraph (E)) the following:CommentsClose CommentsPermalink





‘(6) CROP OF ECONOMIC SIGNIFICANCE- The term ‘crop of economic significance’ shall have the uniform meaning given the term by the Secretary for purposes of subsections (b)(1)(B) and (g)(6).’; andCommentsClose CommentsPermalink





(H) by inserting after paragraph (14) (as redesignated by subparagraph (E)) the following:CommentsClose CommentsPermalink





‘(15) NORMAL PRODUCTION ON THE FARM- The term ‘normal production on the farm’ means the sum of the expected revenue for all crops on the farm, as determined under subsection (b)(6)(A).’.CommentsClose CommentsPermalink





(2) SUPPLEMENTAL REVENUE ASSISTANCE PAYMENTS- Section 531(b) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘(1) IN GENERAL- The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(1) PAYMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink





(ii) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) CROP LOSS- To be eligible for crop loss assistance under this subsection, the actual production on the farm for at least 1 crop of economic significance shall be reduced by at least 10 percent due to disaster, adverse weather, or disaster-related conditions.’;CommentsClose CommentsPermalink





(B) in paragraph (2), by adding at the end the following:CommentsClose CommentsPermalink





‘(C) EXCLUSION OF SUBSEQUENTLY PLANTED CROPS- In calculating the disaster assistance program guarantee under paragraph (3) and the total farm revenue under paragraph (4), the Secretary shall not consider the value of any crop that--CommentsClose CommentsPermalink





‘(i) is produced on land that is not eligible for a policy or plan of insurance under subtitle A or assistance under the noninsured crop assistance program; orCommentsClose CommentsPermalink





‘(ii) is subsequently planted on the same land during the same crop year as the crop for which disaster assistance is provided under this subsection, except in areas in which double-cropping is a normal practice, as determined by the Secretary.’;CommentsClose CommentsPermalink





(C) in paragraph (3)(A)(ii)(III)--CommentsClose CommentsPermalink





(i) in the matter before item (aa), by inserting ‘50 percent of’ before ‘the higher of’; andCommentsClose CommentsPermalink





(ii) in item (aa), by striking ‘guarantee’;CommentsClose CommentsPermalink





(D) in paragraph (4)--CommentsClose CommentsPermalink





(i) in subparagraph (A)(i)--CommentsClose CommentsPermalink





(I) by striking subclauses (I) and (II) and inserting the following:CommentsClose CommentsPermalink





‘(I) the actual production by crop on a farm for purposes of determining losses under subtitle A or the noninsured crop assistance program; and’; andCommentsClose CommentsPermalink





(II) by redesignating subclause (III) as subclause (II);CommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(II) in clause (ii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) as the Secretary determines appropriate, to reflect regional variations in a manner consistent with the operation of the crop insurance program under subtitle A and the noninsured crop assistance program.’;CommentsClose CommentsPermalink





(E) in paragraph (5)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘the sum obtained by adding’;CommentsClose CommentsPermalink





(ii) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i), by striking ‘the product’ and inserting ‘for each insurable commodity, the product’;CommentsClose CommentsPermalink





(II) in clause (i), by striking ‘greatest’ and inserting ‘greater’;CommentsClose CommentsPermalink





(III) in clause (iii), by striking ‘of the insurance price guarantee; and’ and inserting ‘of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is triggered; and’; andCommentsClose CommentsPermalink





(iii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i), by striking ‘the product’ and inserting ‘for each noninsurable crop, the product’;CommentsClose CommentsPermalink





(II) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(III) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink





(IV) by inserting after clause (i) the following:CommentsClose CommentsPermalink





‘(ii) the acreage planted or prevented from being planted for each crop; and’; andCommentsClose CommentsPermalink





(F) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) PRODUCTION ON THE FARM-CommentsClose CommentsPermalink





‘(A) NORMAL PRODUCTION ON THE FARM- The normal production on the farm shall equal the sum of the expected revenue for each crop on a farm as determined under paragraph (5).CommentsClose CommentsPermalink





‘(B) ACTUAL PRODUCTION ON THE FARM- The actual production on the farm shall equal the sum obtained by adding--CommentsClose CommentsPermalink





‘(i) for each insurable commodity on the farm, the product obtained by multiplying--CommentsClose CommentsPermalink





‘(I) 100 percent of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is triggered; andCommentsClose CommentsPermalink





‘(II) the quantity of the commodity produced on the farm, adjusted for quality losses; andCommentsClose CommentsPermalink





‘(ii) for each noninsurable commodity on a farm, the product obtained by multiplying--CommentsClose CommentsPermalink





‘(I) 100 percent of the noninsured crop assistance program established price for the commodity; andCommentsClose CommentsPermalink





‘(II) the quantity of the commodity produced on the farm, adjusted for quality losses.’.CommentsClose CommentsPermalink





(3) WAIVER FOR SOCIALLY DISADVANTAGED, LIMITED RESOURCE, OR BEGINNING FARMER OR RANCHER- Section 531(d)(5)(B)(ii) of the Federal Crop Insurance Act (7 U.S.C. 1531(d)(5)(B)(ii)) is amended by striking ‘section’ and inserting ‘subsection’.CommentsClose CommentsPermalink





(4) TREE ASSISTANCE PROGRAM- Section 531(f)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1531(f)(2)(A)) is amended by striking ‘the Secretary shall provide’ and inserting ‘the Secretary shall use such sums as are necessary from the Trust Fund to provide’.CommentsClose CommentsPermalink





(5) DE MINIMIS EXCEPTION TO RISK MANAGEMENT PURCHASE REQUIREMENT- Section 531(g) of the Federal Crop Insurance Act (7 U.S.C. 1531(g)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(6) DE MINIMIS EXCEPTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of assistance under subsection (b), at the option of an eligible producer on a farm, the Secretary shall waive paragraph (1)--CommentsClose CommentsPermalink





‘(i) in the case of a portion of the total acreage of a farm of the eligible producer that is not of economic significance on the farm, as established by the Secretary; orCommentsClose CommentsPermalink





‘(ii) in the case of a crop for which the administrative fee required for the purchase of noninsured crop disaster assistance coverage exceeds 10 percent of the value of that coverage.CommentsClose CommentsPermalink





‘(B) TREATMENT OF ACREAGE- The Secretary shall not consider the value of any crop exempted under subparagraph (A) in calculating the supplemental revenue assistance program guarantee under subsection (b)(3) and the total farm revenue under subsection (b)(4).’.CommentsClose CommentsPermalink





(6) RISK MANAGEMENT PURCHASE REQUIREMENT WAIVER FOR 2009 CROP YEAR- Section 531(g) of the Federal Crop Insurance Act (7 U.S.C. 1531(g)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘(other than subsection (c))’ and inserting ‘(other than subsections (c) and (d))’; andCommentsClose CommentsPermalink





(ii) in subparagraph (A), by inserting ‘, excluding grazing land’ after ‘producers on the farm’;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘grazed, planted,’ and inserting ‘planted’;CommentsClose CommentsPermalink





(C) in paragraph (4), by striking ‘(4)’ and all that follows through ‘In the case’ and inserting the following:CommentsClose CommentsPermalink





‘(4) WAIVERS FOR CERTAIN CROP YEARS-CommentsClose CommentsPermalink





‘(A) 2008 CROP YEAR- In the case’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) 2009 CROP YEAR- In the case of an insurable commodity or noninsurable commodity for the 2009 crop year that does not meet the requirements of paragraph (1) and the relevant crop insurance program sales closing date or noninsured crop assistance program fee payment date was prior to August 14, 2008, the Secretary shall waive paragraph (1) if the eligible producer of the insurable commodity or noninsurable commodity pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under paragraph (1) to the Secretary not later than 90 days after the date of enactment of this subparagraph.’.CommentsClose CommentsPermalink





(7) PAYMENT LIMITATIONS- Section 531(h) of the Federal Crop Insurance Act (7 U.S.C. 1531) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) TRANSITION RULE- Sections 1001, 1001A, 1001B, and 1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et seq.) as in effect on September 30, 2007, shall continue to apply with respect to 2008 crops.’.CommentsClose CommentsPermalink





(b) Trade Act of 1974-CommentsClose CommentsPermalink





(1) DEFINITIONS- Section 901(a) of the Trade Act of 1974 (19 U.S.C. 2497(a)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (3)(B), by inserting ‘has’ after ‘on a farm that’;CommentsClose CommentsPermalink





(B) in paragraph (4), by striking ‘section 1102 of the Farm Security and Rural Investment Act of 2002’ and all that follows through the end of the paragraph and inserting ‘under--CommentsClose CommentsPermalink





‘(i) section 1102 or 1302 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912, 7952);CommentsClose CommentsPermalink





‘(ii) section 1102 or 1301(6) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); orCommentsClose CommentsPermalink





‘(iii) a successor section.’;CommentsClose CommentsPermalink





(C) in paragraph (5)(B)(ii), by striking ‘, the total loss’ and all that follows through the end of the paragraph and adding ‘the actual production on the farm is less than 50 percent of the normal production on the farm.’;CommentsClose CommentsPermalink





(D) in paragraph (7)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by inserting ‘for sale or on-farm livestock feeding (including native grassland intended for haying)’ after ‘harvest’; andCommentsClose CommentsPermalink





(ii) in subparagraph (C), by inserting ‘for sale’ after ‘crop’;CommentsClose CommentsPermalink





(E) by redesignating paragraphs (2) through (4), (5) through (12), and (13) through (18) as paragraphs (3) through (5), (7) through (14), and (16) through (21), respectively;CommentsClose CommentsPermalink





(F) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) ACTUAL PRODUCTION ON THE FARM- The term ‘actual production on the farm’ means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).’;CommentsClose CommentsPermalink





(G) by inserting after paragraph (5) (as redesignated by subparagraph (E)) the following:CommentsClose CommentsPermalink





‘(6) CROP OF ECONOMIC SIGNIFICANCE- The term ‘crop of economic significance’ shall have the uniform meaning given the term by the Secretary for purposes of subsections (b)(1)(B) and (g)(6).’; andCommentsClose CommentsPermalink





(H) by inserting after paragraph (14) (as redesignated by subparagraph (E)) the following:CommentsClose CommentsPermalink





‘(15) NORMAL PRODUCTION ON THE FARM- The term ‘normal production on the farm’ means the sum of the expected revenue for all crops on the farm, as determined under subsection (b)(6)(A).’.CommentsClose CommentsPermalink





(2) SUPPLEMENTAL REVENUE ASSISTANCE PAYMENTS- Section 901(b) of the Trade Act of 1974 (19 U.S.C. 2497(b)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘(1) IN GENERAL- The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(1) PAYMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink





(ii) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) CROP LOSS- To be eligible for crop loss assistance under this subsection, the actual production on the farm for at least 1 crop of economic significance shall be reduced by at least 10 percent due to disaster, adverse weather, or disaster-related conditions.’;CommentsClose CommentsPermalink





(B) in paragraph (2), by adding at the end the following:CommentsClose CommentsPermalink





‘(C) EXCLUSION OF SUBSEQUENTLY PLANTED CROPS- In calculating the disaster assistance program guarantee under paragraph (3) and the total farm revenue under paragraph (4), the Secretary shall not consider the value of any crop that--CommentsClose CommentsPermalink





‘(i) is produced on land that is not eligible for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or assistance under the noninsured crop assistance program; orCommentsClose CommentsPermalink





‘(ii) is subsequently planted on the same land during the same crop year as the crop for which disaster assistance is provided under this subsection, except in areas in which double-cropping is a normal practice, as determined by the Secretary.’;CommentsClose CommentsPermalink





(C) in paragraph (3)(A)(ii)(III)--CommentsClose CommentsPermalink





(i) in the matter before item (aa), by inserting ‘50 percent of’ before ‘the higher of’;CommentsClose CommentsPermalink





(ii) in item (aa), by striking ‘guarantee’;CommentsClose CommentsPermalink





(D) in paragraph (4)--CommentsClose CommentsPermalink





(i) in subparagraph (A)(i)--CommentsClose CommentsPermalink





(I) by striking subclauses (I) and (II) and inserting the following:CommentsClose CommentsPermalink





‘(I) the actual production by crop on a farm for purposes of determining losses under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the noninsured crop assistance program; and’; andCommentsClose CommentsPermalink





(II) by redesignating subclause (III) as subclause (II);CommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(II) in clause (ii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) as the Secretary determines appropriate, to reflect regional variations in a manner consistent with the operation of the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop assistance program.’;CommentsClose CommentsPermalink





(E) in paragraph (5)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘the sum obtained by adding’;CommentsClose CommentsPermalink





(ii) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i), by striking ‘the product’ and inserting ‘for each insurable commodity, the product’;CommentsClose CommentsPermalink





(II) in clause (i), by striking ‘greatest’ and inserting ‘greater’;CommentsClose CommentsPermalink





(III) in clause (iii), by striking ‘of the insurance price guarantee; and’ and inserting ‘of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is triggered; and’; andCommentsClose CommentsPermalink





(iii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i), by striking ‘the product’ and inserting ‘for each noninsurable crop, the product’;CommentsClose CommentsPermalink





(II) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(III) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink





(IV) by inserting after clause (i) the following:CommentsClose CommentsPermalink





‘(ii) the acreage planted or prevented from being planted for each crop; and’; andCommentsClose CommentsPermalink





(F) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) PRODUCTION ON THE FARM-CommentsClose CommentsPermalink





‘(A) NORMAL PRODUCTION ON THE FARM- The normal production on the farm shall equal the sum of the expected revenue for each crop on a farm as determined under paragraph (5).CommentsClose CommentsPermalink





‘(B) ACTUAL PRODUCTION ON THE FARM- The actual production on the farm shall equal the sum obtained by adding--CommentsClose CommentsPermalink





‘(i) for each insurable commodity on the farm, the product obtained by multiplying--CommentsClose CommentsPermalink





‘(I) 100 percent of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is triggered; andCommentsClose CommentsPermalink





‘(II) the quantity of the commodity produced on the farm, adjusted for quality losses; andCommentsClose CommentsPermalink





‘(ii) for each noninsurable commodity on a farm, the product obtained by multiplying--CommentsClose CommentsPermalink





‘(I) 100 percent of the noninsured crop assistance program established price for the commodity; andCommentsClose CommentsPermalink





‘(II) the quantity of the commodity produced on the farm, adjusted for quality losses.’.CommentsClose CommentsPermalink





(3) WAIVER FOR SOCIALLY DISADVANTAGED, LIMITED RESOURCE, OR BEGINNING FARMER OR RANCHER- Section 901(d)(5)(B)(ii) of the Trade Act of 1974 (19 U.S.C. 2497(d)(5)(B)(ii)) is amended by striking ‘section’ and inserting ‘subsection’.CommentsClose CommentsPermalink





(4) TREE ASSISTANCE PROGRAM- Section 901(f)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2497(f)(2)(A)) is amended by striking ‘the Secretary shall provide’ and inserting ‘the Secretary shall use such sums as are necessary from the Trust Fund to provide’.CommentsClose CommentsPermalink





(5) DE MINIMIS EXCEPTION TO RISK MANAGEMENT PURCHASE REQUIREMENT- Section 901(g) of the Trade Act of 1974 (19 U.S.C. 2497(g)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(6) DE MINIMIS EXCEPTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of assistance under subsection (b), at the option of an eligible producer on a farm, the Secretary shall waive paragraph (1)--CommentsClose CommentsPermalink





‘(i) in the case of a portion of the total acreage of a farm of the eligible producer that is not of economic significance on the farm, as established by the Secretary; orCommentsClose CommentsPermalink





‘(ii) in the case of a crop for which the administrative fee required for the purchase of noninsured crop disaster assistance coverage exceeds 10 percent of the value of that coverage.CommentsClose CommentsPermalink





‘(B) TREATMENT OF ACREAGE- The Secretary shall not consider the value of any crop exempted under subparagraph (A) in calculating the supplemental revenue assistance program guarantee under subsection (b)(3) and the total farm revenue under subsection (b)(4).’.CommentsClose CommentsPermalink





(6) RISK MANAGEMENT PURCHASE REQUIREMENT WAIVER FOR 2009 CROP YEAR- Section 901(g) of the Trade Act of 1974 (19 U.S.C. 2497(g)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘(other than subsection (c))’ and inserting ‘(other than subsections (c) and (d))’; andCommentsClose CommentsPermalink





(ii) in subparagraph (A), by inserting ‘, excluding grazing land’ after ‘producers on the farm’;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘grazed, planted,’ and inserting ‘planted’;CommentsClose CommentsPermalink





(C) in paragraph (4), by striking ‘(4)’ and all that follows through ‘In the case’ and inserting the following:CommentsClose CommentsPermalink





‘(4) WAIVERS FOR CERTAIN CROP YEARS-CommentsClose CommentsPermalink





‘(A) 2008 CROP YEAR- In the case’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) 2009 CROP YEAR- In the case of an insurable commodity or noninsurable commodity for the 2009 crop year that does not meet the requirements of paragraph (1) and the relevant crop insurance program sales closing date or noninsured crop assistance program fee payment date was prior to August 14, 2008, the Secretary shall waive paragraph (1) if the eligible producer of the insurable commodity or noninsurable commodity pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under paragraph (1) to the Secretary not later than 90 days after the date of enactment of this subparagraph.’.CommentsClose CommentsPermalink





(7) PAYMENT LIMITATIONS- Section 901(h) of the Trade Act of 1974 (19 U.S.C. 2497(h)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) TRANSITION RULE- Sections 1001, 1001A, 1001B, and 1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et seq.) as in effect on September 30, 2007, shall continue to apply with respect to 2008 crops.’.CommentsClose CommentsPermalink

Attest: Secretary.