19 U.S.C. § 2497 — Supplemental agricultural disaster assist-

Page 715 TITLE 19—CUSTOMS DUTIES § 2497 1 So in original. 2 So in original. Probably should be followed by a comma. a fiscal year 5 metric tons or more of opium or opium derivative, 500 metric tons or more of coca, or 500 metric tons or more of marijuana; (3) the term ‘‘major drug-transit country’’ means a country— (A) that is a significant direct source of il- licit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; (B) through which are transported such drugs or substances; or (C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the gov- ernment; and (4) the term ‘‘narcotic and psychotropic drugs and other controlled substances’’ has the same meaning as is given by any applica- ble international narcotics control agreement or domestic law of the country or countries concerned. (Pub. L. 93–618, title VIII, § 805, as added Pub. L. 99–570, title IX, § 9001, Oct. 27, 1986, 100 Stat. 3207–166; amended Pub. L. 101–231, § 17(h)(5), Dec. 13, 1989, 103 Stat. 1965; Pub. L. 106–36, title I, § 1001(a)(10), June 25, 1999, 113 Stat. 131.) Editorial Notes AMENDMENTS 1999—Par. (2). Pub. L. 106–36 struck out ‘‘and’’ at end. 1989—Par. (2). Pub. L. 101–231 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘the term ‘major drug producing country’ means a country producing five metric tons or more of opium or opium derivative during a fiscal year or producing five hundred metric tons or more of coca or marijuana (as the case may be) during a fiscal year; and’’. SUBCHAPTER VIII—SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE § 2497. Supplemental agricultural disaster assist- ance (a) Definitions In this section: (1) Actual production history yield The term ‘‘actual production history yield’’ means the weighted average of the actual pro- duction history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the noninsured crop disaster as- sistance program, respectively. (2) Actual production on the farm The term ‘‘actual production on the farm’’ means the sum of the value of all crops pro- duced on the farm, as determined under sub- section (b)(6)(B). (3) Adjusted actual production history yield The term ‘‘adjusted actual production his- tory yield’’ means— (A) in the case of an eligible producer on a farm that has at least 4 years of actual pro- duction history yields for an insurable com- modity that are established other than pur- suant to section 508(g)(4)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(4)(B)), the actual production history for the eligible producer without regard to any yields estab- lished under that section; (B) in the case of an eligible producer on a farm that has less than 4 years of actual pro- duction history yields for an insurable com- modity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [7 U.S.C. 1508(g)(4)(B)], the actual production history for the eligible producer as cal- culated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of that Act; and (C) in all other cases, the actual produc- tion history of the eligible producer on a farm. (4) Adjusted noninsured crop disaster assist- ance program yield The term ‘‘adjusted noninsured crop disaster assistance program yield’’ means— (A) in the case of an eligible producer on a farm that has at least 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assist- ance program yield without regard to any replacement yields; (B) in the case of an eligible producer on a farm that has less than 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assist- ance program yield as calculated without in- cluding the lowest of the replacement yields; and (C) in all other cases, the production his- tory of the eligible producer on the farm under the noninsured crop disaster assist- ance program. (5) Counter-cyclical program payment yield The term ‘‘counter-cyclical program pay- ment yield’’ means the weighted average pay- ment yield established under under— 1 (i) section 7912 or 7952 of title 7; (ii) section 1102 or 1301(6) of the Food, Con- servation, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); or (iii) a successor section. (6) Crop of economic significance The term ‘‘crop of economic significance’’ shall have the uniform meaning given the term by the Secretary for purposes of sub- sections (b)(1)(B) and (g)(6). (7) Disaster county (A) In general The term ‘‘disaster county’’ means a coun- ty included in the geographic area covered by a qualifying natural disaster declaration. (B) Inclusion The term ‘‘disaster county’’ includes— (i) a county contiguous to a county de- scribed in subparagraph (A); and (ii) any farm in which, during a calendar year 2 the actual production on the farm is Page 716 TITLE 19—CUSTOMS DUTIES § 2497 3 See References in Text note below. less than 50 percent of the normal produc- tion on the farm. (8) Eligible producer on a farm (A) In general The term ‘‘eligible producer on a farm’’ means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and mar- ket risks associated with the agricultural production of crops or livestock. (B) Description An individual or entity referred to in sub- paragraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) a partnership of citizens of the United States; or (iv) a corporation, limited liability cor- poration, or other farm organizational structure organized under State law. (9) Farm (A) In general The term ‘‘farm’’ means, in relation to an eligible producer on a farm, the sum of all crop acreage in all counties that is planted or intended to be planted for harvest for sale or on-farm livestock feeding (including na- tive grassland intended for haying) by the eligible producer. (B) Aquaculture In the case of aquaculture, the term ‘‘farm’’ means, in relation to an eligible pro- ducer on a farm, all fish being produced in all counties that are intended to be har- vested for sale by the eligible producer. (C) Honey In the case of honey, the term ‘‘farm’’ means, in relation to an eligible producer on a farm, all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer. (10) Farm-raised fish The term ‘‘farm-raised fish’’ means any aquatic species that is propagated and reared in a controlled environment. (11) Insurable commodity The term ‘‘insurable commodity’’ means an agricultural commodity (excluding livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (12) Livestock The term ‘‘livestock’’ includes— (A) cattle (including dairy cattle); (B) bison; (C) poultry; (D) sheep; (E) swine; (F) horses; and (G) other livestock, as determined by the Secretary. (13) Noninsurable commodity The term ‘‘noninsurable commodity’’ means a crop for which the eligible producers on a farm are eligible to obtain assistance under the noninsured crop assistance program. (14) Noninsured crop assistance program The term ‘‘noninsured crop assistance pro- gram’’ means the program carried out under section 7333 of title 7. (15) Normal production on the farm The term ‘‘normal production on the farm’’ means the sum of the expected revenue for all crops on the farm, as determined under sub- section (b)(6)(A). (16) Qualifying natural disaster declaration The term ‘‘qualifying natural disaster dec- laration’’ means a natural disaster declared by the Secretary for production losses under sec- tion 1961(a) of title 7. (17) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (18) Socially disadvantaged farmer or rancher The term ‘‘socially disadvantaged farmer or rancher’’ has the meaning given the term in section 2279(e) 3 of title 7. (19) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (20) Trust Fund The term ‘‘Trust Fund’’ means the Agricul- tural Disaster Relief Trust Fund established under section 2497a of this title. (21) United States The term ‘‘United States’’ when used in a geographical sense, means all of the States. (b) Supplemental revenue assistance payments (1) Payments (A) In general The Secretary shall use such sums as are necessary from the Trust Fund to make crop disaster assistance payments to eligible pro- ducers on farms in disaster counties that have incurred crop production losses or crop quality losses, or both, during the crop year. (B) Crop loss To be eligible for crop loss assistance under 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, adverse weather, or disaster-related conditions. (2) Amount (A) In general Subject to subparagraph (B), the Secretary shall provide crop disaster assistance pay- ments under this section to an eligible pro- ducer on a farm in an amount equal to 60 percent of the difference between— (i) the disaster assistance program guar- antee, as described in paragraph (3); and Page 717 TITLE 19—CUSTOMS DUTIES § 2497 4 So in original. The comma probably should not appear. (ii) the total farm revenue for a farm, as described in paragraph (4). (B) Limitation The disaster assistance program guarantee for a crop used to calculate the payments for a farm under subparagraph (A)(i) may not be greater than 90 percent of the sum of the ex- pected revenue, as described in paragraph (5) for each of the crops on a farm, as deter- mined by the Secretary. (C) Exclusion of subsequently planted crops In calculating the disaster assistance pro- gram 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 eligi- ble for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or assistance under the non- insured crop assistance program; or (ii) is subsequently planted on the same land during the same crop year as the crop for which disaster assistance is provided under this subsection, except in areas in which double-cropping is a normal prac- tice, as determined by the Secretary. (3) Supplemental revenue assistance program guarantee (A) In general Except as otherwise provided in this para- graph, the supplemental assistance program guarantee shall be the sum obtained by add- ing— (i) for each insurable commodity on the farm, 115 percent of the product obtained by multiplying— (I) a payment rate for the commodity that is equal to the price election for the commodity elected by the eligible pro- ducer; (II) the payment acres for the com- modity that is equal to the number of acres planted, or prevented from being planted, to the commodity; (III) the payment yield for the com- modity that is equal to the percentage of the crop insurance yield elected by the producer of the higher of— (aa) the adjusted actual production history yield; or (bb) the counter-cyclical program payment yield for each crop; and (ii) for each noninsurable commodity on a farm, 120 percent of the product obtained by multiplying— (I) a payment rate for the commodity that is equal to 100 percent of the non- insured crop assistance program estab- lished price for the commodity; (II) the payment acres for the com- modity that is equal to the number of acres planted, or prevented from being planted, to the commodity; and (III) the payment yield for the com- modity that is equal to 50 percent of the higher of— (aa) the adjusted noninsured crop as- sistance program yield; or (bb) the counter-cyclical program payment yield for each crop. (B) Adjustment insurance guarantee Notwithstanding subparagraph (A), in the case of an insurable commodity for which a plan of insurance provides for an adjustment in the guarantee, such as in the case of pre- vented planting, the adjusted insurance guarantee shall be the basis for determining the disaster assistance program guarantee for the insurable commodity. (C) Adjusted assistance level Notwithstanding subparagraph (A), in the case of a noninsurable commodity for which the noninsured crop assistance program pro- vides for an adjustment in the level of as- sistance, such as in the case of unharvested crops, the adjusted assistance level shall be the basis for determining the disaster assist- ance program guarantee for the noninsur- able commodity. (D) Equitable treatment for non-yield based policies The Secretary shall establish equitable treatment for non-yield based policies and plans of insurance, such as the Adjusted Gross Revenue Lite insurance program. (4) Farm revenue (A) In general For purposes of this subsection, the total farm revenue for a farm,4 shall equal the sum obtained by adding— (i) the estimated actual value for each crop produced on a farm by using the prod- uct obtained by multiplying— (I) the actual production by crop on a farm for purposes of determining losses under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the noninsured crop assistance program; and (II) subject to subparagraphs (B) and (C), to the extent practicable, the na- tional average market price received for the marketing year, as determined by the Secretary; (ii) 15 percent of amount of any direct payments made to the producer under sec- tions 1103 and 1303 3 of the Food, Conserva- tion, and Energy Act of 2008 [7 U.S.C. 8713, 8753] or successor sections; (iii) the total amount of any counter-cy- clical payments made to the producer under sections 1104 and 1304 3 of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8714, 8754] or successor sections or of any average crop revenue election pay- ments made to the producer under section 1105 3 of that Act [7 U.S.C. 8715]; (iv) the total amount of any loan defi- ciency payments, marketing loan gains, and marketing certificate gains made to the producer under subtitles B and C of the Food, Conservation, and Energy Act of 2008 3 or successor subtitles; (v) the amount of payments for pre- vented planting on a farm; Page 718 TITLE 19—CUSTOMS DUTIES § 2497 (vi) the amount of crop insurance indem- nities received by an eligible producer on a farm for each crop on a farm; (vii) the amount of payments an eligible producer on a farm received under the non- insured crop assistance program for each crop on a farm; and (viii) the value of any other natural dis- aster assistance payments provided by the Federal Government to an eligible pro- ducer on a farm for each crop on a farm for the same loss for which the eligible pro- ducer is seeking assistance. (B) Adjustment The Secretary shall adjust the average market price received by the eligible pro- ducer on a farm— (i) to reflect the average quality dis- counts applied to the local or regional market price of a crop or mechanically harvested forage due to a reduction in the intrinsic characteristics of the production resulting from adverse weather, as deter- mined annually by the State office of the Farm Service Agency; (ii) to account for a crop the value of which is reduced due to excess moisture resulting from a disaster-related condi- tion; and (iii) as the Secretary determines appro- priate, 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 as- sistance program. (C) Maximum amount for certain crops With respect to a crop for which an eligi- ble producer on a farm receives assistance under the noninsured crop assistance pro- gram, the national average market price re- ceived during the marketing year shall be an amount not more than 100 percent of the price of the crop established under the non- insured crop assistance program. (5) Expected revenue The expected revenue for each crop on a farm shall equal— (A) for each insurable commodity, the product obtained by multiplying— (i) the greater of— (I) the adjusted actual production his- tory yield of the eligible producer on a farm; and (II) the counter-cyclical program pay- ment yield; (ii) the acreage planted or prevented from being planted for each crop; and (iii) 100 percent of the price election for the commodity used to calculate an in- demnity for an applicable policy of insur- ance if an indemnity is triggered; and (B) for each noninsurable crop, the product obtained by multiplying— (i) 100 percent of the adjusted noninsured crop assistance program yield; (ii) the acreage planted or prevented from being planted for each crop; and (iii) 100 percent of the noninsured crop assistance program price for each of the crops on a farm. (6) Production on the farm (A) Normal production on the farm The normal production on the farm shall equal the sum of the expected revenue for each crop on a farm as determined under paragraph (5). (B) Actual production on the farm The actual production on the farm shall equal the sum obtained by adding— (i) for each insurable commodity on the farm, the product obtained by multi- plying— (I) 100 percent of the price election for the commodity used to calculate an in- demnity for an applicable policy of in- surance if an indemnity is triggered; and (II) the quantity of the commodity produced on the farm, adjusted for qual- ity losses; and (ii) for each noninsurable commodity on a farm, the product obtained by multi- plying— (I) 100 percent of the noninsured crop assistance program established price for the commodity; and (II) the quantity of the commodity produced on the farm, adjusted for qual- ity losses. (c) Livestock indemnity payments (1) Payments The Secretary shall use such sums as are necessary from the Trust Fund to make live- stock indemnity payments to eligible pro- ducers on farms that have incurred livestock death losses in excess of the normal mortality due to adverse weather, as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, blizzards, dis- ease, wildfires, extreme heat, and extreme cold. (2) Payment rates Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary. (d) Livestock forage disaster program (1) Definitions In this subsection: (A) Covered livestock (i) In general The term ‘‘covered livestock’’ means livestock of an eligible livestock producer that, during the 60 days prior to the begin- ning date of a qualifying drought or fire condition, as determined by the Secretary, the eligible livestock producer— (I) owned; (II) leased; (III) purchased; (IV) entered into a contract to pur- chase; Page 719 TITLE 19—CUSTOMS DUTIES § 2497 (V) is 1 a contract grower; or (VI) sold or otherwise disposed of due to qualifying drought conditions dur- ing— (aa) the current production year; or (bb) subject to paragraph (3)(B)(ii), 1 or both of the 2 production years im- mediately preceding the current pro- duction year. (ii) Exclusion The term ‘‘covered livestock’’ does not include livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire condition, as a part of the normal business operation of the eligible livestock producer, as deter- mined by the Secretary. (B) Drought monitor The term ‘‘drought monitor’’ means a sys- tem for classifying drought severity accord- ing to a range of abnormally dry to excep- tional drought, as defined by the Secretary. (C) Eligible livestock producer (i) In general The term ‘‘eligible livestock producer’’ means an eligible producer on a farm that— (I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the livestock; (II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county af- fected by drought; (III) certifies grazing loss; and (IV) meets all other eligibility require- ments established under this subsection. (ii) Exclusion The term ‘‘eligible livestock producer’’ does not include an owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis. (D) Normal carrying capacity The term ‘‘normal carrying capacity’’, with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph (3)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of a drought or fire that di- minishes the production of the grazing land or pastureland. (E) Normal grazing period The term ‘‘normal grazing period’’, with respect to a county, means the normal graz- ing period during the calendar year for the county, as determined under paragraph (3)(D)(i). (2) Program The Secretary shall use such sums as are necessary from the Trust Fund to provide compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to— (A) a drought condition, as described in paragraph (3); or (B) fire, as described in paragraph (4). (3) Assistance for losses due to drought condi- tions (A) Eligible losses An eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur on land that— (i) is native or improved pastureland with permanent vegetative cover; or (ii) is planted to a crop planted specifi- cally for the purpose of providing grazing for covered livestock. (B) Monthly payment rate (i) In general Except as provided in clause (ii), the payment rate for assistance under this paragraph for 1 month shall, in the case of drought, be equal to 60 percent of the less- er of— (I) the monthly feed cost for all cov- ered livestock owned or leased by the eli- gible livestock producer, as determined under subparagraph (C); or (II) the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer. (ii) Partial compensation In the case of an eligible livestock pro- ducer that sold or otherwise disposed of covered livestock due to drought condi- tions in 1 or both of the 2 production years immediately preceding the current produc- tion year, as determined by the Secretary, the payment rate shall be 80 percent of the payment rate otherwise calculated in ac- cordance with clause (i). (C) Monthly feed cost (i) In general The monthly feed cost shall equal the product obtained by multiplying— (I) 30 days; (II) a payment quantity that is equal to the feed grain equivalent, as deter- mined under clause (ii); and (III) a payment rate that is equal to the corn price per pound, as determined under clause (iii). (ii) Feed grain equivalent For purposes of clause (i)(I), the feed grain equivalent shall equal— (I) in the case of an adult beef cow, 15.7 pounds of corn per day; or (II) in the case of any other type of weight of livestock, an amount deter- mined by the Secretary that represents the average number of pounds of corn per day necessary to feed the livestock. (iii) Corn price per pound For purposes of clause (i)(II), the corn price per pound shall equal the quotient obtained by dividing— Page 720 TITLE 19—CUSTOMS DUTIES § 2497 (I) the higher of— (aa) the national average corn price per bushel for the 12-month period im- mediately preceding March 1 of the year for which the disaster assistance is calculated; or (bb) the national average corn price per bushel for the 24-month period im- mediately preceding that March 1; by (II) 56. (D) Normal grazing period and drought mon- itor intensity (i) FSA county committee determinations (I) In general The Secretary shall determine the nor- mal carrying capacity and normal graz- ing period for each type of grazing land or pastureland in the county served by the applicable committee. (II) Changes No change to the normal carrying ca- pacity or normal grazing period estab- lished for a county under subclause (I) shall be made unless the change is re- quested by the appropriate State and county Farm Service Agency commit- tees. (ii) Drought intensity (I) D2 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subpara- graph (B). (II) D3 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Secretary, shall be el- igible to receive assistance under this paragraph— (aa) in an amount equal to 2 monthly payments using the monthly payment rate determined under subparagraph (B); or (bb) if the county is rated as having a D3 (extreme drought) intensity in any area of the county for at least 4 weeks during the normal grazing pe- riod for the county, or is rated as hav- ing a D4 (exceptional drought) inten- sity in any area of the county at any time during the normal grazing period, in an amount equal to 3 monthly pay- ments using the monthly payment rate determined under subparagraph (B). (4) Assistance for losses due to fire on public managed land (A) In general An eligible livestock producer may receive assistance under this paragraph only if— (i) the grazing losses occur on rangeland that is managed by a Federal agency; and (ii) the eligible livestock producer is pro- hibited by the Federal agency from graz- ing the normal permitted livestock on the managed rangeland due to a fire. (B) Payment rate The payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (3)(C). (C) Payment duration (i) In general Subject to clause (ii), an eligible live- stock producer shall be eligible to receive assistance under this paragraph for the pe- riod— (I) beginning on the date on which the Federal agency excludes the eligible livestock producer from using the man- aged rangeland for grazing; and (II) ending on the last day of the Fed- eral lease of the eligible livestock pro- ducer. (ii) Limitation An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year. (5) Minimum risk management purchase re- quirements (A) In general Except as otherwise provided in this para- graph, a livestock producer shall only be eli- gible for assistance under this subsection if the livestock producer— (i) obtained a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the grazing land in- curring the losses for which assistance is being requested; or (ii) filed the required paperwork, and paid the administrative fee by the applica- ble State filing deadline, for the non- insured crop assistance program for the grazing land incurring the losses for which assistance is being requested. (B) Waiver for socially disadvantaged, lim- ited resource, or beginning farmer or rancher In the case of an eligible livestock pro- ducer that is a socially disadvantaged farm- er or rancher or limited resource or begin- ning farmer or rancher, as determined by the Secretary, the Secretary may— (i) waive subparagraph (A); and Page 721 TITLE 19—CUSTOMS DUTIES § 2497 (ii) provide disaster assistance under this subsection at a level that the Secretary determines to be equitable and appro- priate. (C) Waiver for 2008 calendar year In the case of an eligible livestock pro- ducer that suffered losses on grazing land during the 2008 calendar year but does not meet the requirements of subparagraph (A), the Secretary shall waive subparagraph (A) if the eligible livestock producer pays a fee in an amount equal to the applicable non- insured crop assistance program fee or cata- strophic risk protection plan fee required under subparagraph (A) to the Secretary not later than 90 days after the date of enact- ment of this subchapter.3 (D) Equitable relief (i) In general The Secretary may provide equitable re- lief to an eligible livestock producer that is otherwise ineligible or unintentionally fails to meet the requirements of subpara- graph (A) for the grazing land incurring the loss on a case-by-case basis, as deter- mined by the Secretary. (ii) 2008 calendar year In the case of an eligible livestock pro- ducer that suffered losses on grazing land during the 2008 calendar year, the Sec- retary shall take special consideration to provide equitable relief in cases in which the eligible livestock producer failed to meet the requirements of subparagraph (A) due to the enactment of this subchapter after the closing date of sales periods for crop insurance under the Federal Crop In- surance Act (7 U.S.C. 1501 et seq.) and the noninsured crop assistance program. (6) No duplicative payments (A) In general An eligible livestock producer may elect to receive assistance for grazing or pasture feed losses due to drought conditions under paragraph (3) or fire under paragraph (4), but not both for the same loss, as determined by the Secretary. (B) Relationship to supplemental revenue as- sistance An eligible livestock producer that re- ceives assistance under this subsection may not also receive assistance for losses to crops on the same land with the same in- tended use under subsection (b). (e) Emergency assistance for livestock, honey bees, and farm-raised fish (1) In general The Secretary shall use up to $50,000,000 per year from the Trust Fund to provide emer- gency relief to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b), (c), or (d). (2) Use of funds Funds made available under this subsection shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Secretary. (3) Availability of funds Any funds made available under this sub- section shall remain available until expended. (f) Tree assistance program (1) Definitions In this subsection: (A) Eligible orchardist The term ‘‘eligible orchardist’’ means a person that produces annual crops from trees for commercial purposes. (B) Natural disaster The term ‘‘natural disaster’’ means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. (C) Nursery tree grower The term ‘‘nursery tree grower’’ means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary. (D) Tree The term ‘‘tree’’ includes a tree, bush, and vine. (2) Eligibility (A) Loss Subject to subparagraph (B), the Secretary shall use such sums as are necessary from the Trust Fund to provide assistance— (i) under paragraph (3) to eligible or- chardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural dis- aster, as determined by the Secretary; and (ii) under paragraph (3)(B) to eligible or- chardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural dis- aster, as determined by the Secretary. (B) Limitation An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (ad- justed for normal mortality). (3) Assistance Subject to paragraph (4), the assistance pro- vided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of— (A)(i) reimbursement of 70 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or (ii) at the option of the Secretary, suffi- cient seedlings to reestablish a stand; and Page 722 TITLE 19—CUSTOMS DUTIES § 2497 5 So in original. There probably should be a second closing pa- renthesis. (B) reimbursement of 50 percent of the cost of pruning, removal, and other costs in- curred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality). (4) Limitations on assistance (A) Definitions of legal entity and person In this paragraph, the terms ‘‘legal entity’’ and ‘‘person’’ have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a) 5 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008). (B) Amount The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $100,000 for any crop year, or an equivalent value in tree seedlings. (C) Acres The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive pay- ments under this subsection may not exceed 500 acres. (g) Risk management purchase requirement (1) In general Except as otherwise provided in this section, the eligible producers on a farm shall not be eligible for assistance under this section (other than subsections (c) and (d)) if the eligi- ble producers on the farm— (A) in the case of each insurable com- modity of the eligible producers on the farm, excluding grazing land, did not obtain a pol- icy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (ex- cluding a crop insurance pilot program under that Act); or (B) in the case of each noninsurable com- modity of the eligible producers on the farm, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program. (2) Minimum To be considered to have obtained insurance under paragraph (1)(A), an eligible producer on a farm shall have obtained a policy or plan of insurance with not less than 50 percent yield coverage at 55 percent of the insurable price for each crop planted or intended to be planted for harvest on a whole farm. (3) Waiver for socially disadvantaged, limited resource, or beginning farmer or rancher With respect to eligible producers that are socially disadvantaged farmers or ranchers or limited resource or beginning farmers or ranchers, as determined by the Secretary, the Secretary may— (A) waive paragraph (1); and (B) provide disaster assistance under this section at a level that the Secretary deter- mines to be equitable and appropriate. (4) Waivers for certain crop years (A) 2008 crop year In the case of an eligible producer that suf- fered losses in an insurable commodity or noninsurable commodity during the 2008 crop year but does not meet the require- ments of paragraph (1), the Secretary shall waive paragraph (1) if the eligible producer pays a fee in an amount equal to the applica- ble noninsured crop assistance program fee or catastrophic risk protection plan fee re- quired under paragraph (1) to the Secretary not later than 90 days after the date of en- actment of this subchapter.3 (B) 2009 crop year In the case of an insurable commodity or noninsurable commodity for the 2009 crop year that does not meet the requirements of paragraph (1) and the relevant crop insur- ance program sales closing date or non- insured crop assistance program fee pay- ment date was prior to August 14, 2008, the Secretary shall waive paragraph (1) if the el- igible producer of the insurable commodity or noninsurable commodity pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under para- graph (1) to the Secretary not later than 90 days after October 13, 2008. (5) Equitable relief (A) In general The Secretary may provide equitable relief to eligible producers on a farm that are oth- erwise ineligible or unintentionally fail to meet the requirements 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 com- modity or noninsurable commodity during the 2008 crop year, the Secretary shall take special consideration to provide equitable relief in cases in which the eligible pro- ducers failed to meet the requirements of paragraph (1) due to the enactment of this subchapter after the closing date of sales pe- riods for crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop assistance program. (6) De minimis exception (A) In general For purposes of assistance under sub- section (b), at the option of an eligible pro- ducer on a farm, the Secretary shall waive paragraph (1)— (i) in the case of a portion of the total acreage of a farm of the eligible producer that is not of economic significance on the farm, as established by the Secretary; or Page 723 TITLE 19—CUSTOMS DUTIES § 2497 6 So in original. Probably should be ‘‘ ‘125 percent’ ’’. (ii) in the case of a crop for which the ad- ministrative fee required for the purchase of noninsured crop disaster assistance cov- erage exceeds 10 percent of the value of that coverage. (B) Treatment of acreage The Secretary shall not consider the value of any crop exempted under subparagraph (A) in calculating the supplemental revenue assistance program guarantee under sub- section (b)(3) and the total farm revenue under subsection (b)(4). (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 as- sistance under this section in accordance with subparagraph (B) if the eligible pro- ducers on the farm— (i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after February 17, 2009; and (ii)(I) in the case of each insurable com- modity of the eligible producers on the farm, excluding grazing land, agree to ob- tain 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 per- cent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equiva- lent 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 ap- plicable State filing deadline, for the non- insured 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 sec- tion as if the eligible producers on the farm— (i) in the case of each insurable com- modity of the eligible producers on the farm, had obtained a policy or plan of in- surance 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 com- modity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the ap- plicable State filing deadline, for the non- insured 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), el- igible producers on a farm that met the re- quirements of paragraph (1) before the dead- line described in paragraph (4)(A) and are el- igible to receive, a disaster assistance pay- ment 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 cal- culated under subparagraph (B) if the eli- gible 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 sub- section (b)(3) if— (I) in clause (i) of that subparagraph, ‘‘120 percent’’ is substituted for ‘‘115 per- cent’’; and (II) in clause (ii) of that subparagraph, ‘‘125’’ 6 is substituted for ‘‘120 percent’’. (D) Limitation For amounts made available under this paragraph, the Secretary may make such ad- justments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the as- sistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to Feb- ruary 17, 2009. (E) Authority of the Secretary The Secretary may provide such addi- tional 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 de- termined by the Secretary. (F) Lack of access Notwithstanding any other provision of this section, the Secretary may provide as- sistance (including multiyear assistance) under this section to eligible producers on a farm that— (i) suffered a production loss or multiyear production losses due to a nat- ural 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 insur- ance under subtitle A 3; or (bb) do not qualify for a written agree- ment because 1 or more farming prac- tices, which the Secretary has deter- mined are good farming practices, of the eligible producers on the farm differ sig- nificantly 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 estab- lished by section 7333 of title 7. (h) Payment limitations (1) Definitions of legal entity and person In this subsection, the terms ‘‘legal entity’’ and ‘‘person’’ have the meaning given those Page 724 TITLE 19—CUSTOMS DUTIES § 2497 7 So in original. Second closing parenthesis probably should not appear. terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a) 5 (as amended by section 1603 of the Food, Conservation, and En- ergy Act of 2008). (2) Amount The total amount of disaster assistance pay- ments received, directly or indirectly, by a person or legal entity (excluding a joint ven- ture or general partnership) under this section (excluding payments received under sub- section (f)) may not exceed $100,000 for any crop year. (3) AGI limitation Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) or any successor provi- sion shall apply with respect to assistance pro- vided under this section. (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 attribu- tion shall apply with respect to assistance pro- vided under this section. (5) Transition rule Sections 1001, 1001A, 1001B, and 1001D of the Food Security Act of 1985 [7 U.S.C. 1308, 1308–1, 1308–2, 1308–3a] as in effect on September 30, 2007, shall continue to apply with respect to 2008 crops. (i) Period of effectiveness This section shall be effective only for losses that are incurred as the result of a disaster, ad- verse weather, or other environmental condition that occurs on or before September 30, 2011, as determined by the Secretary. (j) No duplicative payments In implementing any other program which makes disaster assistance payments (except for indemnities made under the Federal Crop Insur- ance Act (7 U.S.C. 1501 et seq.)) 7 and section 7333 of title 7), the Secretary shall prevent duplica- tive payments with respect to the same loss for which a person receives a payment under sub- sections (b), (c), (d), (e), or (f). (Pub. L. 93–618, title IX, § 901, as added Pub. L. 110–234, title XV, § 15101(a), May 22, 2008, 122 Stat. 1484, and Pub. L. 110–246, § 4(a), title XV, § 15101(a), June 18, 2008, 122 Stat. 1664, 2246; amended Pub. L. 110–398, § 2(b), Oct. 13, 2008, 122 Stat. 4218; Pub. L. 111–5, div. A, title I, § 102(b), Feb. 17, 2009, 123 Stat. 123; Pub. L. 111–80, title VII, § 745(b), Oct. 21, 2009, 123 Stat. 2130; Pub. L. 113–79, title XI, § 11028(d), Feb. 7, 2014, 128 Stat. 978.) Editorial Notes REFERENCES IN TEXT The Federal Crop Insurance Act, referred to in sub- secs. (a)(1), (11), (b)(2)(C)(i), (4)(A)(i)(I), (B)(iii), (d)(5)(A)(i), (D)(ii), (g)(1)(A), (5)(B), (7)(A)(ii)(I), and (j), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see sec- tion 1501 of Title 7 and Tables. Section 2279(e) of title 7, referred to in subsec. (a)(18), was redesignated section 2279(a) of title 7 by Pub. L. 115–334, title XII, § 12301(b)(3), Dec. 20, 2018, 132 Stat. 4951. Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(ii), were repealed by Pub. L. 113–79, title I, § 1101, Feb. 7, 2014, 128 Stat. 658. Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(iii), were repealed by Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658. Section 1105 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(4)(A)(iii), was re- pealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7, 2014, 128 Stat. 658. The Food, Conservation, and Energy Act of 2008, re- ferred to in subsecs. (b)(4)(A)(iv), (f)(4)(A), and (h)(1), is Pub. L. 110–246, June 18, 2008, 122 Stat. 1651. Subtitles B and C of the Act probably mean subtitles B and C of title I of the Act, which are classified generally to sub- chapters II (§ 8731 et seq.) and III (§ 8751 et seq.), respec- tively, of chapter 113 of Title 7, Agriculture. For com- plete classification of this Act to the Code, see Short Title note set out under section 8701 of Title 7 and Ta- bles. The date of enactment of this subchapter, referred to in subsecs. (d)(5)(C) and (g)(4)(A), was in the original ‘‘the date of enactment of this subtitle’’, and was trans- lated as meaning the date of enactment of title IX of Pub. L. 93–618, as added by Pub. L. 110–246, which was approved June 18, 2008, to reflect the probable intent of Congress. Section 1001(a) of the Food Security Act of 1985 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008), referred to in subsecs. (f)(4)(A) and (h)(1), means section 1001(a) of Pub. L. 99–198, as amend- ed by section 1603 of Pub. L. 110–246, which is classified to section 1308(a) of Title 7, Agriculture. Subtitle A, referred to in subsec. (g)(7)(F)(ii)(I)(aa), probably means subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, known as the Federal Crop Insurance Act, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For com- plete classification of this Act to the Code, see section 1501 of Title 7 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2014—Subsec. (d)(3)(A). Pub. L. 113–79 struck out cl. (i) designation and heading, redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively, and struck out former cl. (ii). Text read as follows: ‘‘An eligible live- stock producer may not receive assistance under this subsection for grazing losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).’’ 2009—Subsec. (g)(7). Pub. L. 111–5 added par. (7). Subsec. (g)(7)(F). Pub. L. 111–80, § 745(b)(1), inserted ‘‘(including multiyear assistance)’’ after ‘‘assistance’’ in introductory provisions. Subsec. (g)(7)(F)(i). Pub. L. 111–80, § 745(b)(2), inserted ‘‘or multiyear production losses’’ after ‘‘a production loss’’. 2008—Subsec. (a)(2). Pub. L. 110–398, § 2(b)(1)(F), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 110–398, § 2(b)(1)(E), redesig- nated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (a)(3)(B). Pub. L. 110–398, § 2(b)(1)(A), inserted ‘‘has’’ after ‘‘on a farm that’’. Subsec. (a)(4). Pub. L. 110–398, § 2(b)(1)(E), redesig- nated par. (3) as (4). Former par. (4) redesignated (5). Page 725 TITLE 19—CUSTOMS DUTIES § 2497a Pub. L. 110–398, § 2(b)(1)(B), substituted ‘‘under—’’ for ‘‘section 7912 of title 7, section 1102 of the Food, Con- servation, and Energy Act of 2008, or a successor sec- tion.’’ and added cls. (i) to (iii). Subsec. (a)(5). Pub. L. 110–398, § 2(b)(1)(E), redesig- nated par. (4) as (5). Former par. (5) redesignated (7). Subsec. (a)(5)(B)(ii). Pub. L. 110–398, § 2(b)(1)(C), sub- stituted ‘‘the actual production on the farm is less than 50 percent of the normal production on the farm.’’ for ‘‘, the total loss of production of the farm relating to weather is greater than 50 percent of the normal pro- duction of the farm, as determined by the Secretary.’’ Subsec. (a)(6). Pub. L. 110–398, § 2(b)(1)(G), added par. (6). Former par. (6) redesignated (8). Subsec. (a)(7). Pub. L. 110–398, § 2(b)(1)(E), redesig- nated par. (5) as (7). Former par. (7) redesignated (9). Subsec. (a)(7)(A). Pub. L. 110–398, § 2(b)(1)(D)(i), in- serted ‘‘for sale or on-farm livestock feeding (including native grassland intended for haying)’’ after ‘‘harvest’’. Subsec. (a)(7)(C). Pub. L. 110–398, § 2(b)(1)(D)(ii), in- serted ‘‘for sale’’ after ‘‘crop’’. Subsec. (a)(8) to (14). Pub. L. 110–398, § 2(b)(1)(E), re- designated pars. (6) to (12) as (8) to (14), respectively. Former pars. (13) and (14) redesignated (16) and (17), re- spectively. Subsec. (a)(15). Pub. L. 110–398, § 2(b)(1)(H), added par. (15). Former par. (15) redesignated (18). Subsec. (a)(16) to (21). Pub. L. 110–398, § 2(b)(1)(E), re- designated pars. (13) to (18) as (16) to (21), respectively. Subsec. (b)(1). Pub. L. 110–398, § 2(b)(2)(A), substituted ‘‘Payments’’ for ‘‘In general’’ as par. heading, inserted subpar. (A) designation and heading, and added subpar. (B). Subsec. (b)(2)(C). Pub. L. 110–398, § 2(b)(2)(B), added subpar. (C). Subsec. (b)(3)(A)(ii)(III). Pub. L. 110–398, § 2(b)(2)(C)(i), inserted ‘‘50 percent of’’ before ‘‘the higher of’’ in intro- ductory provisions. Subsec. (b)(3)(A)(ii)(III)(aa). Pub. L. 110–398, § 2(b)(2)(C)(ii), struck out ‘‘guarantee’’ after ‘‘yield’’. Subsec. (b)(4)(A)(i)(I). Pub. L. 110–398, § 2(b)(2)(D)(i)(I), added subcl. (I) and struck out former subcl. (I) which read as follows: ‘‘the actual crop acreage harvested by an eligible producer on a farm;’’. Subsec. (b)(4)(A)(i)(II), (III). Pub. L. 110–398, § 2(b)(2)(D)(i), redesignated subcl. (III) as (II) and struck out former subcl. (II) which read as follows: ‘‘the esti- mated actual yield of the crop production; and’’. Subsec. (b)(4)(B)(iii). Pub. L. 110–398, § 2(b)(2)(D)(ii), (iii), added cl. (iii). Subsec. (b)(5). Pub. L. 110–398, § 2(b)(2)(E)(i), struck out ‘‘the sum obtained by adding’’ after ‘‘equal’’ in in- troductory provisions. Subsec. (b)(5)(A). Pub. L. 110–398, § 2(b)(2)(E)(ii)(I), substituted ‘‘for each insurable commodity, the prod- uct’’ for ‘‘the product’’ in introductory provisions. Subsec. (b)(5)(A)(i). Pub. L. 110–398, § 2(b)(2)(E)(ii)(II), substituted ‘‘greater’’ for ‘‘greatest’’. Subsec. (b)(5)(A)(iii). Pub. L. 110–398, § 2(b)(2)(E)(ii)(III), substituted ‘‘of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is trig- gered; and’’ for ‘‘of the insurance price guarantee; and’’. Subsec. (b)(5)(B). Pub. L. 110–398, § 2(b)(2)(E)(iii)(I), substituted ‘‘for each noninsurable crop, the product’’ for ‘‘the product’’ in introductory provisions. Subsec. (b)(5)(B)(ii), (iii). Pub. L. 110–398, § 2(b)(2)(E)(iii)(II)–(IV), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (b)(6). Pub. L. 110–398, § 2(b)(2)(F), added par. (6). Subsec. (d)(5)(B)(ii). Pub. L. 110–398, § 2(b)(3), sub- stituted ‘‘subsection’’ for ‘‘section’’. Subsec. (f)(2)(A). Pub. L. 110–398, § 2(b)(4), substituted ‘‘the Secretary shall use such sums as are necessary from the Trust Fund to provide’’ for ‘‘the Secretary shall provide’’ in introductory provisions. Subsec. (g)(1). Pub. L. 110–398, § 2(b)(6)(A)(i), sub- stituted ‘‘(other than subsections (c) and (d))’’ for ‘‘(other than subsection (c))’’ in introductory provi- sions. Subsec. (g)(1)(A). Pub. L. 110–398, § 2(b)(6)(A)(ii), in- serted ‘‘, excluding grazing land’’ after ‘‘producers on the farm’’. Subsec. (g)(2). Pub. L. 110–398, § 2(b)(6)(B), substituted ‘‘planted or’’ for ‘‘grazed, planted, or’’. Subsec. (g)(4). Pub. L. 110–398, § 2(b)(6)(C), (D), sub- stituted ‘‘Waivers for certain crop years’’ for ‘‘Waiver for 2008 crop year’’ in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B). Subsec. (g)(6). Pub. L. 110–398, § 2(b)(5), added par. (6). Subsec. (h)(5). Pub. L. 110–398, § 2(b)(7), added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. TRANSITION PROVISIONS Pub. L. 110–234, title XV, § 15101(b), May 22, 2008, 122 Stat. 1499, and Pub. L. 110–246, § 4(a), title XV, § 15101(b), June 18, 2008, 122 Stat. 1664, 2261, provided that: ‘‘For purposes of the 2008 crop year, the Secretary [of Agri- culture] shall carry out subsections (f)(4) and (h) of sec- tion 901 of the Trade Act of 1974 [19 U.S.C. 2497(f)(4), (h)] (as added by subsection (a)) in accordance with the terms and conditions of sections 1001 through 1001D of the Food Security Act of 1985 (16 [probably should be 7] U.S.C. 1308 et seq.), as in effect on September 30, 2007.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] § 2497a. Agricultural Disaster Relief Trust Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the ‘‘Agricultural Disaster Relief Trust Fund’’, con- sisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section. (b) Transfer to Trust Fund (1) In general There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equiva- lent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 at- tributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States. (2) Amounts based on estimates The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjust- ments shall be made in the amounts subse- quently transferred to the extent prior esti- mates were in excess of or less than the amounts required to be transferred. (3) Limitation on transfers to Agricultural Dis- aster Relief Trust Fund No amount may be appropriated to the Agri- cultural Disaster Relief Trust Fund on and