12 2 STA T . 22 59PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (3)WAIVERFO R S O C IA L L YD ISADVA NT A G ED , LI M ITED RESO U RCE, OR B EGINNING FARMER OR RANC H ER .— W ithresp e c t t o e l i g i b le pro du cers th a t are sociall y disad v a n taged f ar m ers or ranchers or limited resource or beginning farmers or ranchers, as determined by the S ecretary, the Secretary may— ‘‘( A ) w aive paragraph ( 1 )
and ‘‘( B ) provide disaster assistance under this section at a level that the Secretary determines to be e q uitable and appropriate. ‘‘( 4 ) WAIVER FOR 20 0 8 CRO P YEAR.— I n the case of an eligible producer that suffered losses in an insurable commodity or noninsurable commodity during the 20 0 8 crop year but does not meet the requirements of paragraph (1), the Secretary shall waive paragraph (1) if the eligible producer pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic ris k protection plan fee required under paragraph (1) to the Secretary not later than 9 0 days after the date of enactment of this subtitle. ‘‘( 5 ) EQ UITABLE RELIEF.— ‘‘(A) IN GENERAL.— T he Secretary may provide equi - table relief to eligible producers on a farm that are other- wise ineligible or unintentionally fail to meet the require- ments of paragraph (1) for 1 or more crops on a farm on a case-by-case basis, as determined by the Secretary. ‘‘(B) 2008 CROP YEAR.—In the case of eligible producers on a farm that suffered losses in an insurable commodity or noninsurable commodity during the 2008 crop year, the Secretary shall take special consideration to provide equi- table relief in cases in which the eligible producers failed to meet the requirements of paragraph (1) due to the enactment of this title after the closing date of sales periods for crop insurance under the F ederal C rop Insurance Act ( 7U .S.C. 1501 et seq.) and the noninsured crop assistance program. ‘‘(h) P AYMENT L IMITATIONS.— ‘‘(1) D EFINITIONS OF LEGAL ENTITY AND PERSON.—In this subsection, the terms ‘legal entity ’ and ‘person’ have the meaning given those terms in section 1001(a) of the Food Secu- rity Act of 1985 (7 U.S.C. 1308(a) (as amended by section 1 6 03 of the Food, Conservation, and Energy Act of 2008). ‘‘(2) AMOUNT.—The total amount of disaster assistance pay- ments received, directly or indirectly, by a person or legal entity (e x cluding a j oint venture or general partnership) under this section (excluding payments received under subsection (f)) may not exceed $ 100,000 for any crop year. ‘‘(3) A G I LIMITATION.—Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308 – 3a) or any successor provision shall apply with respect to assistance provided under this sec- tion. ‘‘(4) DIRECT ATTRIBUTION.—Subsections (e) and (f) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section. ‘‘(i) PERIOD OF EFFECTIVENESS.—This section shall be effective only for losses that are incurred as the result of a disaster, adverse weather, or other environmental condition that occurs on or before September 30, 2011, as determined by the Secretary. Ap p licab ili ty. Applicability.
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