Agricultural Disaster Assistance Transition.

Sec. 102. Agricultural Disaster Assistance Transition. (a) Federal Crop Insurance Act. Section 531(g) of the Federal Crop Insurance Act (7 U.S.C. 1531(g)) is amended by adding at the end the following:“(7) 2008 transition assistance.—“(A) In general.—Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section 123 STAT. 122 in accordance with subparagraph (B) if the eligible producers on the farm—“(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enactment of this paragraph; and“(ii)(I) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under subtitle A (excluding a crop insurance pilot program under that subtitle) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and“(II) in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the next year for which a policy is available.“(B) Amount of assistance.—Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm—“(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and“(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining the level of coverage, the Secretary shall use 70 percent of the applicable yield.“(C) Equitable relief.—Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an amount equal to the greater of—“(i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; or“(ii) the amount that would have been calculated under subparagraph (A) of subsection (b)(3) if—“(I) in clause (i) of that subparagraph, ‘120 percent’ is substituted for ‘115 percent’; and“(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’.123 STAT. 123“(D) Limitation.—For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to the date of enactment of this paragraph.“(E) Authority of the secretary.—The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.“(F) Lack of access.—Notwithstanding any other provision of this section, the Secretary may provide assistance under this section to eligible producers on a farm that—“(i) suffered a production loss due to a natural cause during the 2008 crop year; and“(ii) as determined by the Secretary—“(I)(aa) except as provided in item (bb), lack access to a policy or plan of insurance under subtitle A; or“(bb) do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming practices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the United States; and“(II) are not eligible for the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).”.(b) Trade Act of 1974.—Section 901(g) of the Trade Act of 1974 (19 U.S.C. 2497(g)) is amended by adding at the end the following:“(7) 2008 transition assistance.—“(A) In general.—Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm—“(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enactment of this paragraph; and“(ii)(I) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding a crop insurance pilot program under that Act) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield 123 STAT. 124 indemnified at 100 percent of the expected market price, or an equivalent coverage; and“(II) in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the next year for which a policy is available.“(B) Amount of assistance.—Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm—“(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and“(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining the level of coverage, the Secretary shall use 70 percent of the applicable yield.“(C) Equitable relief.—Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an amount equal to the greater of—“(i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; or“(ii) the amount that would have been calculated under subparagraph (A) of subsection (b)(3) if—“(I) in clause (i) of that subparagraph, ‘120 percent’ is substituted for ‘115 percent’; and“(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’.“(D) Limitation.—For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to the date of enactment of this paragraph.“(E) Authority of the secretary.—The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.123 STAT. 125“(F) Lack of access.—Notwithstanding any other provision of this section, the Secretary may provide assistance under this section to eligible producers on a farm that—“(i) suffered a production loss due to a natural cause during the 2008 crop year; and“(ii) as determined by the Secretary—“(I)(aa) except as provided in item (bb), lack access to a policy or plan of insurance under subtitle A; or“(bb) do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming practices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the United States; and“(II) are not eligible for the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).”.(c) Farm Operating Loans.—(1) In general.—For the principal amount of direct farm operating loans under section 311 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941), $173,367,000.(2) Direct farm operating loans.—For the cost of direct farm operating loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), $20,440,000.(d) 2008 Aquaculture Assistance.—(1) Definitions.—In this subsection:(A) Eligible aquaculture producer.—The term “eligible aquaculture producer” means an aquaculture producer that during the 2008 calendar year, as determined by the Secretary—(i) produced an aquaculture species for which feed costs represented a substantial percentage of the input costs of the aquaculture operation; and(ii) experienced a substantial price increase of feed costs above the previous 5-year average.(B) Secretary.—The term “Secretary” means the Secretary of Agriculture.(2) Grant program.—(A) In general.—Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $50,000,000, to remain available until September 30, 2010, to carry out a program of grants to States to assist eligible aquaculture producers for losses associated with high feed input costs during the 2008 calendar year.(B) Notification.—Not later than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible aquaculture producers, including such terms as determined by the Secretary to be necessary for the equitable treatment of eligible aquaculture producers.(C) Provision of grants.—123 STAT. 126(i) In general.—The Secretary shall make grants to States under this subsection on a pro rata basis based on the amount of aquaculture feed used in each State during the 2007 calendar year, as determined by the Secretary.(ii) Timing.—Not later than 120 days after the date of enactment of this Act, the Secretary shall make grants to States to provide assistance under this subsection.(D) Requirements.—The Secretary shall make grants under this subsection only to States that demonstrate to the satisfaction of the Secretary that the State will—(i) use grant funds to assist eligible aquaculture producers;(ii) provide assistance to eligible aquaculture producers not later than 60 days after the date on which the State receives grant funds; and(iii) not later than 30 days after the date on which the State provides assistance to eligible aquaculture producers, submit to the Secretary a report that describes—(I) the manner in which the State provided assistance;(II) the amounts of assistance provided per species of aquaculture; and(III) the process by which the State determined the levels of assistance to eligible aquaculture producers.(3) Reduction in payments.—An eligible aquaculture producer that receives assistance under this subsection shall not be eligible to receive any other assistance under the supplemental agricultural disaster assistance program established under section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and section 901 of the Trade Act of 1974 (19 U.S.C. 2497) for any losses in 2008 relating to the same species of aquaculture.(4) Report to congress.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that—(A) describes in detail the manner in which this subsection has been carried out; and(B) includes the information reported to the Secretary under paragraph (2)(D)(iii).