Pub. L. 106-224, tit. I, subtit. A, sec. 109
NONINSURED CROP DISASTER ASSISTANCE PROGRAM.
SEC. 109. NONINSURED CROP DISASTER ASSISTANCE PROGRAM. (a) Operation and Administration of Program.—Section 196(a)(2) of the Agricultural Market Transition Act (7 U.S.C. 7333(a)(2)) is amended by adding at the end the following: “(C) Combination of similar types or varieties.—At the option of the Secretary, all types or varieties of a crop or commodity, described in subparagraphs (A) and (B), may be considered to be a single eligible crop under this section.”. (b) Timely Application.—Section 196(b)(1) of the Agricultural Market Transition Act (7 U.S.C. 7333(b)(1)) is amended in the second sentence by striking “at such time as the Secretary may require” and inserting “not later than 30 days before the beginning of the coverage period, as determined by the Secretary”. (c) Records and Reports.—Section 196(b) of the Agricultural Market Transition Act (7 U.S.C. 7333(b)) is amended— (1) by striking paragraph (2) and inserting the following: “(2) Records.—To be eligible for assistance under this section, a producer shall provide annually to the Secretary records of crop acreage, acreage yields, and production for each crop, as required by the Secretary.”; and (2) in paragraph (3), by inserting “annual” after “shall provide”. (d) Loss Requirements.—Section 196 of the Agricultural Market Transition Act (7 U.S.C. 7333) is amended by striking subsection (c) and inserting the following: “(c) Loss Requirements.— “(1) Cause.—To be eligible for assistance under this section, a producer of an eligible crop shall have suffered a loss of a noninsured commodity as the result of a cause described in subsection (a)(3). “(2) Assistance.—On making a determination described in subsection (a)(3), the Secretary shall provide assistance under this section to producers of an eligible crop that have suffered a loss as a result of the cause described in subsection (a)(3). “(3) Prevented planting.—Subject to paragraph (1), the Secretary shall make a prevented planting noninsured crop disaster assistance payment if the producer is prevented from planting more than 35 percent of the acreage intended for the eligible crop because of drought, flood, or other natural disaster, as determined by the Secretary. “(4) Area trigger.—The Secretary shall provide assistance to individual producers without any requirement of an area loss.”. (e) Service Fee.—Section 196 of the Agricultural Market Transition Act (7 U.S.C. 7333) is amended by adding at the end the following: 114 STAT. 372 “(k) Service Fee.— “(1) In general.—To be eligible to receive assistance for an eligible crop for a crop year under this section, a producer shall pay to the Secretary (at the time at which the producer submits the application under subsection (b)(1)) a service fee for the eligible crop in an amount that is equal to the lesser of— “(A) $100 per crop per county; or “(B) $300 per producer per county, but not to exceed a total of $900 per producer. “(2) Waiver.—The Secretary shall waive the service fee required under paragraph (1) in the case of a limited resource farmer, as defined by the Secretary. “(3) Use.—The Secretary shall deposit service fees collected under this subsection in the Commodity Credit Corporation Fund.”.