12 2 STA T . 1 38 1 PUBLIC LA W 11 0– 23 4—M A Y 22 , 2008 SEC.120 20. C ROP PRO DU C TI O N ONN A TI V E SOD. (a)FED E RALC R OPINSU RAN C E .—Section508 o f t h eFe d e r a l Cro p In su rance A ct( 7U .S.C. 1 508) is a m ended by addin g at the end the follo w ing
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‘(o) CROP P RODUC TI ON ON N ATI V E SOD.— ‘‘(1) D E F INITION OF NATIVE SOD.—In this subsection , the term ‘nati v e sod ’ means land— ‘‘(A) on which the plant cover is composed principally of native grasses, grassli k e plants, forbs, or shrubs suitable for gra z ing and browsing
and ‘‘( B ) that has never been tilled for the production of an annual crop as of the date of enactment of this sub - section. ‘‘( 2 ) INELI G I B ILIT Y FOR BENEFITS.— ‘‘(A) IN GENERAL.—Sub j ect to subparagraph (B) and paragraph ( 3 ), native sod acreage that has been tilled for the production of an annual crop after the date of enact- ment of this subsection shall be ineligible during the first 5 crop years of planting, as determined by the Secretary, for benefits under— ‘‘(i) this title; and ‘‘(ii) section 1 96 of the Federal Agriculture Improvement and R eform Act of 1996 (7 U.S.C. 7333). ‘‘(B) DE M INIMIS ACREAGE E X EMPTION.— T he Secretary shall e x empt areas of 5 acres or less from subparagraph (A). ‘‘(3) APPLICATION.—Paragraph (2) may apply to native sod acreage in the Prairie Pothole National Priority Area at the election of the G overnor of the respective State.’’. (b) NONINSURED CROP DISASTER ASSISTANCE.—Section 196(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)) is amended by adding at the end the following: ‘‘( 4 ) PROGRAM INELIGIBILITY RELATING TO CROP PRODUCTION ON NATIVE SOD.— ‘‘(A) DEFINITION OF NATIVE SOD.—In this paragraph, the term ‘native sod’ means land— ‘‘(i) on which the plant cover is composed prin- cipally of native grasses, grasslike plants, forbs, or shrubs suitable for grazing and browsing; and ‘‘(ii) that has never been tilled for the production of an annual crop as of the date of enactment of this paragraph. ‘‘(B) INELIGIBILITY FOR BENEFITS.— ‘‘(i) IN GENERAL.—Subject to clause (ii) and subparagraph (C), native sod acreage that has been tilled for the production of an annual crop after the date of enactment of this paragraph shall be ineligible during the first 5 crop years of planting, as determined by the Secretary, for benefits under— ‘‘(I) this section; and ‘‘(II) the Federal Crop Insurance Act (7 U.S.C. 1501 et se q .). ‘‘(ii) DE MINIMIS ACREAGE EXEMPTION.—The Sec- retary shall exempt areas of 5 acres or less from clause (i). ‘‘(C) APPLICATION.—Subparagraph (B) may apply to native sod acreage in the Prairie Pothole National Priority
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