12 2 STA T .4 221 PUBLIC LA W 11 0–398—O CT. 13 , 2008 (5)DEMIN IMI S E XC E PT I O NTO R IS K M A NA G EMENT P U RC H ASE RE Q UIREMENT .—Section901 ( g )o f t h e Trad e A ctof19 74 (19 U .S. C . 2 497(g)) i s a m ended by adding at the end the fo l lo w ing
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‘( 6 ) DE MINIMIS EXCEPTION.— ‘‘(A) I N GENERA L .— F or pu rposes of assistance under subsection (b) , at the option of an eligible producer on a farm, the Secretary shall wai v e paragraph (1)— ‘‘(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 Sec - retary
or ‘‘(ii) in the case of a crop for which the administra- tive fee re q uired for the purchase of noninsured crop disaster assistance coverage e x ceeds 10 percent of the value of that coverage. ‘‘( B ) TREATMENT O F ACREAGE.—The Secretary shall not consider the value of any crop exempted under subpara- graph (A) in calculating the supplemental revenue assist- ance program guarantee under subsection (b)( 3 ) and the total farm revenue under subsection (b)(4). ’ ’. (6) R ISK MANAGEMENT PURCHASE REQUIREMENT W AI V ER FOR 20 0 9 CROP Y EAR.—Section 901(g) of the Trade Act of 1974 (19 U.S.C. 2497(g)) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by stri k ing ‘‘(other than subsection (c))’’ and inserting ‘‘(other than subsections (c) and (d))’’; and (ii) in subparagraph (A), by inserting ‘‘, excluding gra z ing land’’ after ‘‘producers on the farm’’; (B) in paragraph (2), by striking ‘‘grazed, planted,’’ and inserting ‘‘planted’’; (C) in paragraph (4), by striking ‘‘(4)’’ and all that follows through ‘‘In the case’’ and inserting the following: ‘‘(4) W AIVERS FOR CERTAIN CROP YEARS.— ‘‘(A) 200 8 CROP YEAR.—In the case’’; and (D) by adding at the end the following: ‘‘(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 subpara- graph.’’. (7) P AYMENT 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: ‘‘(5) TRANSITION RULE.—Sections 1001, 1001A, 1001B, and 1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et Ap p licab ili ty.De a d li n e. W ai v e r a u t ho rity.
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