12 2 STA T . 1 74 4 PUBLIC LA W 11 0– 24 6—J U NE 1 8, 2008 (b)madein a crop, pro g ram, or f i s ca ly ear, as appropria t e, to an entity, general partners h ip, or j oint v ent u re, the amount of the payment or benefit shall be reduced by an amount that is commensurate w ith the direct and indirect ownership interest in the entity, general partnership, or joint venture of each person who has an average adjusted gross income, average adjusted gross farm income, or average adjusted gross nonfarm income in e x cess of the applicable limitation specified in subsection (b) .‘ ‘(f) EF F ECTIV E P E R I OD . —T his section shall apply only during the 20 0 9 through 20 1 2 crop, program, or fiscal years, as appro - priate. ’ ’. (b) TR ANS ITION.— S ection 1001 D of the F ood Security A ct of 19 85 ( 7U .S. C . 1 3 08 – 3a), as in effect on September 30, 2007, shall apply with respect to the 2007 and 2008 crop, fiscal, or program year, as appropriate, for each program described in paragraphs (1)(C) and (2)( B ) of subsection (b) of that section (as amended by subsection (a)). SEC.1605 . AV A IL A B ILI TYOFQU ALITY I N CENTIVE P AY M ENTS FO R COV - ERE D OILSEED PRODUCERS. (a) I NCENTIVE PA YM ENTS R E QU IRED.—Subject to subsection (b) and the availability of appropriations under subsection (h), the Secretary shall use funds made available under subsection (h) to provide q uality incentive payments for the production of oilseeds with speciali z ed traits that enhance human health, as determined by the Secretary. (b) COVERED O I L SEEDS.—The Secretary shall ma k e payments under this section only for the production of an oilseed variety that has, as determined by the Secretary— (1) been demonstrated to improve the health profile of the oilseed for use in human consumption by— (A) reducing or eliminating the need to partially hydro- genate the oil derived from the oilseed for use in human consumption
or (B) adopting new technology traits; and (2) 1 or more impediments to commercialization. (c) REQUEST FOR PRO P OSALS.— (1) ISSUANCE.—If funds are made available to carry out this section for a crop year, the Secretary shall issue a request for proposals for payments under this section. (2) M ULTIYEAR PROPOSALS.—A proponent may submit a multiyear proposal for payments under this section. (3) CONTENT OF PROPOSALS.—A proposal for payments under this section shall include a description of— (A) how use of the oilseed enhances human health; (B) the impediments to commercial use of the oilseed; (C) each oilseed variety described in subsection (b) and the value of the oilseed variety as a matter of public policy; (D) a range for the base price and premiums per bushel or hundredweight to be paid to producers; (E) a per bushel or hundredweight amount of incentive payments requested for each year under this section that does not exceed 1⁄3 of the total premium offered for any year; 7USC8 78 3.Ap p licab ili ty . 7 USC 1 3 0 8 – 3a no t e .
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