118 STAT. 1233 PUBLIC LAW 108–324—OCT. 13, 2004 (3) ADMINISTRATION.—The Secretary shall make assistance available under this subsection in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (4) INELIGIBILITY FOR ASSISTANCE.—Except as provided in paragraph (5), the producers on a farm shall not be eligible for assistance under this subsection with respect to losses to an insurable commodity or noninsurable commodity if the pro ducers on the farm— (A) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable com modity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses; (B) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsur able commodity under section 196 of the Federal Agri culture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses; (C) had adjusted gross incomes, as defined by section 1001D of the Food Security Act of 1985, of greater than $2,500,000 in 2003; or (D) were not in compliance with highly erodible land conservation and wetland conservation provisions. (5) CONTRACT WAIVER.—The Secretary may waive para graph (4) with respect to the producers on a farm if the pro ducers enter into a contract with the Secretary under which the producers agree— (A) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insur ance Act (7 U.S.C. 1501 et seq.) providing additional cov erage for the insurable commodity for each of the next 2 crops; and (B) in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (6) EFFECT OF VIOLATION.—In the event of the violation of a contract under paragraph (5) by a producer, the producer shall reimburse the Secretary for the full amount of the assist ance provided to the producer under this subsection. (7) PAYMENT LIMITATIONS.— (A) LIMIT ON AMOUNT OF ASSISTANCE.—Assistance pro vided under this subsection to a producer for losses to a crop, together with the amounts specified in subpara graph (B) applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. (B) OTHER PAYMENTS.—In applying the limitation in subparagraph (A), the Secretary shall include the following: (i) Any crop insurance payment made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
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