Sec. 202. CROP DISASTER ASSISTANCE
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## SEC. 202 CROP DISASTER ASSISTANCE ###
(a)Assistance Available The Secretary of Agriculture (in this title referred to as the “Secretary”) shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2001 or 2002 crop of an agricultural commodity (other than sugar or tobacco) due to damaging weather or related condition, as determined by the Secretary. ###
(b)Administration ####
(1)Use of former administrative authority Except as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. ####
(2)Payment rate The payment rate for a crop for assistance provided under this section to the producers on a farm shall be calculated as follows: #####
(A)If the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, for the crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 50 percent of the applicable price for the crop. #####
(B)If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available to the producers under the Federal Crop Insurance Act, 50 percent of the applicable price for the crop. #####
(C)Subject to subsections
(e)and (f), if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under the Federal Crop Insurance Act, 45 percent of the applicable price for the crop. ###
(c)Election of Crop Year If a producer incurred qualifying crop losses in both the 2001 and 2002 crop years, the producer shall elect to receive assistance under this section for losses incurred in either the 2001 crop year or the 2002 crop year, but not both. ###
(d)Payment Limitation ####
(1)Limitation Assistance provided under this section to a producer for losses to a crop, together with the amounts specified in paragraph
(2)applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. ####
(2)Other payments In applying the limitation in paragraph (1), the Secretary shall include the following: #####
(A)Any crop insurance payment made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment under section 196 of the Federal Agricultural Improvement and Reform Act of 1996 (7 U.S.C. 7333) that the producer receives for losses to the same crop. #####
(B)The value of the crop that was not lost (if any), as estimated by the Secretary. ###
(e)Ineligibility for Assistance Except as provided in subsection (f), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm— ####
(1)in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act for the crop incurring the losses; and ####
(2)in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 for the crop incurring the losses. ###
(f)Contract Waiver The Secretary may waive subsection
(e)with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree— ####
(1)in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act providing additional coverage for the insurable commodity for each of the next two crops; and ####
(2)in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next two crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996. ###
(g)Effect of Violation In the event of the violation of a contract under subsection
(f)by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. ###
(h)Definitions In this section: ####
(1)Additional coverage The term “**additional coverage**” has the meaning given the term in section 502(b)(1) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)). ####
(2)Insurable commodity The term “**insurable commodity**” means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act. ####
(3)Noninsurable commodity The term “**noninsurable commodity**” means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996.
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- Pub. L. 106-387
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