12 2 STA T .4 21 9PUBLIC LA W 11 0–3 9 8—O CT. 13 , 2008 (2)SUP P LEM E NTA L R E V ENUE A S S I STAN C EPA Y MENTS .— S ec-tion901 ( b )o f t h e Trad e A ctof19 74 (19 U .S. C . 2497(b)) i s a m ended— (A) in p ara g raph (1)— (i) b y stri k ing ‘ ‘ (1) IN G ENERAL.—The Secretary ’ ’ and inserting the fo l lo w ing
‘‘(1) P AYMENTS.— ‘‘(A) I N GENERAL.—The Secretary’’
and (ii) by adding at the end the following: ‘‘( B )CR O P LOSS.—To be eligible for crop loss assistance u nder this subsection , the actual production on the farm for at least 1 crop of economic significance shall be reduced by at least 10 percent due to disaster, ad v erse weather, or disaster-related conditions.’’; (B) in paragraph (2), by adding at the end the following: ‘‘(C) EX CLUSION O F SU B SE Q UENTLY PLANTE D CROPS.— In calculating the disaster assistance program guarantee under paragraph ( 3 ) and the total farm revenue under paragraph (4), the Secretary shall not consider the value of any crop that— ‘‘(i) is produced on land that is not eligible for a policy or plan of insurance under the F ederal Crop Insurance Act (7 U.S.C. 1 5 01etse q .) or assistance under the noninsured crop assistance program; or ‘‘(ii) is subsequently planted on the same land during the same crop year as the crop for which dis- aster assistance is provided under this subsection, e x cept in areas in which double-cropping is a normal practice, as determined by the Secretary.’’; (C) in paragraph (3)(A)(ii)(III)— (i) in the matter before item (aa), by inserting ‘‘50 percent of’’ before ‘‘the higher of’’; (ii) in item (aa), by striking ‘‘guarantee’’; ( D ) in paragraph (4)— (i) in subparagraph (A)(i)— (I) by striking subclauses (I) and (II) and inserting the following: ‘‘(I) the actual production by crop on a farm for purposes of determining losses under the Fed- eral Crop Insurance Act (7 U.S.C. 1501 et seq.) or the noninsured crop assistance program; and’’; and (II) by redesignating subclause (III) as sub- clause (II); (ii) in subparagraph (B)— (I) in clause (i), by striking ‘‘and’’ at the end; (II) in clause (ii), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(iii) as the Secretary determines appropriate, to reflect regional variations in a manner consistent with the operation of the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop assistance program.’’; (E) in paragraph (5)— (i) in the matter preceding subparagraph (A), by striking ‘‘the sum obtained by adding’’;
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