To amend the commodity provisions of the Food, Conservation, and Energy Act of 2008 to permit producers to aggregate base acres and reconstitute farms to avoid the prohibition on receiving direct payments, counter-cyclical payments, or average crop revenue election payments when the sum of the base acres of a farm is 10 acres or less, and for other purposes.
PL 110-398 (H.R.6849), enacted 10/13/2008

122 STAT. 4213 
PUBLIC LAW 110–398—OCT. 13, 2008 
Public Law 110–398 
110th Congress 
An Act 
To amend the commodity provisions of the Food, Conservation, and Energy Act 
of 2008 to permit producers to aggregate base acres and reconstitute farms 
to avoid the prohibition on receiving direct payments, counter-cyclical payments, 
or average crop revenue election payments when the sum of the base acres 
of a farm is 10 acres or less, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TREATMENT OF FARMS WITH LIMITED BASE ACRES. 
(a) SUSPENSION OF PROHIBITION.— 
(1) IN GENERAL.—Section 1101(d) of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8711(d)) is amended by 
adding at the end the following: 
‘‘(4) SUSPENSION OF PROHIBITION.—Paragraphs (1) through 
(3) shall not apply during the 2008 crop year.’’. 
(2) PEANUTS.—Section 1302(d) of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8752(d)) is amended by 
adding at the end the following: 
‘‘(4) SUSPENSION OF PROHIBITION.—Paragraphs (1) through 
(3) shall not apply during the 2008 crop year.’’. 
(b) EXTENSION OF 2008 SIGNUP FOR DIRECT PAYMENTS AND 
COUNTER-CYCLICAL PAYMENTS.— 
(1) IN GENERAL.—Section 1106 of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8716) is amended by adding 
at the end the following: 
‘‘(f) EXTENSION OF 2008 SIGNUP.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary shall extend the 2008 crop year deadline 
for the signup for benefits under this subtitle by producers 
on a farm with base acres of 10 acres or less until the later 
of— 
‘‘(A) November 14, 2008; or 
‘‘(B) the end of the 45-day period beginning on the 
date of the enactment of this subsection. 
‘‘(2) PENALTIES.—The Secretary shall ensure that no pen-
alty with respect to benefits under this subtitle or subtitle 
B is assessed against producers on a farm described in para-
graph (1) for failure to submit reports under this section or 
timely comply with other program requirements as a result 
of compliance with the extended signup deadline under that 
paragraph.’’. 
(2) PEANUTS.—Section 1305 of the Food, Conservation, and 
Energy Act of 2008 (7 U.S.C. 8755) is amended by adding 
at the end the following: 
Deadline. 
Oct. 13, 2008 
[H.R. 6849] 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00023
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4214 
PUBLIC LAW 110–398—OCT. 13, 2008 
‘‘(f) EXTENSION OF 2008 SIGNUP.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary shall extend the 2008 crop year deadline 
for the signup for benefits under this subtitle by producers 
on a farm with base acres of 10 acres or less until the later 
of— 
‘‘(A) November 14, 2008; or 
‘‘(B) the end of the 45-day period beginning on the 
date of the enactment of this subsection. 
‘‘(2) PENALTIES.—The Secretary shall ensure that no pen-
alty with respect to benefits under this subtitle is assessed 
against producers on a farm described in paragraph (1) for 
failure to submit reports under this section or timely comply 
with other program requirements as a result of compliance 
with the extended signup deadline under that paragraph.’’. 
(c) OFFSETTING REDUCTION.—Section 515(k)(1) of the Federal 
Crop Insurance Act (7 U.S.C. 1515(k)(1)) is amended by striking 
‘‘2011’’ and inserting ‘‘2010, and not more than $9,000,000 for 
fiscal year 2011’’. 
SEC. 2. SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM. 
(a) FEDERAL CROP INSURANCE ACT.— 
(1) DEFINITIONS.—Section 531(a) of the Federal Crop Insur-
ance Act (7 U.S.C. 1531(a)) is amended— 
(A) in paragraph (3)(B), by inserting ‘‘has’’ after ‘‘on 
a farm that’’; 
(B) in paragraph (4), by striking ‘‘section 1102 of the 
Farm Security and Rural Investment Act of 2002’’ and 
all that follows through the end of the paragraph and 
inserting ‘‘under— 
‘‘(i) section 1102 or 1302 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 7912, 
7952); 
‘‘(ii) section 1102 or 1301(6) of the Food, Conserva-
tion, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); 
or 
‘‘(iii) a successor section.’’; 
(C) in paragraph (5)(B)(ii), by striking ‘‘, the total loss’’ 
and all that follows through the end of the paragraph 
and adding ‘‘the actual production on the farm is less 
than 50 percent of the normal production on the farm.’’; 
(D) in paragraph (7)— 
(i) in subparagraph (A), by inserting ‘‘for sale or 
on-farm livestock feeding (including native grassland 
intended for haying)’’ after ‘‘harvest’’; and 
(ii) in subparagraph (C), by inserting ‘‘for sale’’ 
after ‘‘crop’’; 
(E) by redesignating paragraphs (2) through (4), (5) 
through (12), and (13) through (18) as paragraphs (3) 
through (5), (7) through (14), and (16) through (21), respec-
tively; 
(F) by inserting after paragraph (1) the following: 
‘‘(2) ACTUAL PRODUCTION ON THE FARM.—The term ‘actual 
production on the farm’ means the sum of the value of all 
crops produced on the farm, as determined under subsection 
(b)(6)(B).’’; 
Deadline. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00024
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4215 
PUBLIC LAW 110–398—OCT. 13, 2008 
(G) by inserting after paragraph (5) (as redesignated 
by subparagraph (E)) the following: 
‘‘(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 subsections (b)(1)(B) 
and (g)(6).’’; and 
(H) by inserting after paragraph (14) (as redesignated 
by subparagraph (E)) the following: 
‘‘(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).’’. 
(2) SUPPLEMENTAL REVENUE ASSISTANCE PAYMENTS.—Sec-
tion 531(b) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)) 
is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1) IN GENERAL.—The Secretary’’ 
and inserting the following: 
‘‘(1) PAYMENTS.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(ii) by adding at the end the following: 
‘‘(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.’’; 
(B) in paragraph (2), by adding at the end the following: 
‘‘(C) EXCLUSION OF SUBSEQUENTLY PLANTED 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 subtitle A or assist-
ance 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, 
except 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’’; and 
(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 subtitle 
A 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; 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00025
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4216 
PUBLIC LAW 110–398—OCT. 13, 2008 
(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 crop insurance program under 
subtitle A and the noninsured crop assistance pro-
gram.’’; 
(E) in paragraph (5)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘the sum obtained by adding’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
striking ‘‘the product’’ and inserting ‘‘for each 
insurable commodity, the product’’; 
(II) in clause (i), by striking ‘‘greatest’’ and 
inserting ‘‘greater’’; 
(III) in clause (iii), by striking ‘‘of the insur-
ance price guarantee; and’’ and inserting ‘‘of the 
price election for the commodity used to calculate 
an indemnity for an applicable policy of insurance 
if an indemnity is triggered; and’’; and 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause (i), by 
striking ‘‘the product’’ and inserting ‘‘for each non-
insurable crop, the product’’; 
(II) in clause (i), by striking ‘‘and’’ at the end; 
(III) by redesignating clause (ii) as clause (iii); 
and 
(IV) by inserting after clause (i) the following: 
‘‘(ii) the acreage planted or prevented from being 
planted for each crop; and’’; and 
(F) by adding at the end the following: 
‘‘(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 multiplying— 
‘‘(I) 100 percent of the price election for the 
commodity used to calculate an indemnity for an 
applicable policy of insurance if an indemnity is 
triggered; and 
‘‘(II) the quantity of the commodity produced 
on the farm, adjusted for quality losses; and 
‘‘(ii) for each noninsurable commodity on a farm, 
the product obtained by multiplying— 
‘‘(I) 100 percent of the noninsured crop assist-
ance program established price for the commodity; 
and 
‘‘(II) the quantity of the commodity produced 
on the farm, adjusted for quality losses.’’. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00026
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4217 
PUBLIC LAW 110–398—OCT. 13, 2008 
(3) 
WAIVER
FOR
SOCIALLY
DISADVANTAGED, 
LIMITED 
RESOURCE, 
OR
BEGINNING
FARMER
OR
RANCHER.—Section 
531(d)(5)(B)(ii) of the Federal Crop Insurance Act (7 U.S.C. 
1531(d)(5)(B)(ii)) is amended by striking ‘‘section’’ and inserting 
‘‘subsection’’. 
(4) TREE ASSISTANCE PROGRAM.—Section 531(f)(2)(A) of the 
Federal Crop Insurance Act (7 U.S.C. 1531(f)(2)(A)) is amended 
by striking ‘‘the Secretary shall provide’’ and inserting ‘‘the 
Secretary shall use such sums as are necessary from the Trust 
Fund to provide’’. 
(5) DE MINIMIS EXCEPTION TO RISK MANAGEMENT PURCHASE 
REQUIREMENT.—Section 531(g) of the Federal Crop Insurance 
Act (7 U.S.C. 1531(g)) is amended by adding at the end the 
following: 
‘‘(6) DE MINIMIS EXCEPTION.— 
‘‘(A) IN GENERAL.—For purposes of assistance under 
subsection (b), at the option of an eligible producer 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 Sec-
retary; or 
‘‘(ii) in the case of a crop for which the administra-
tive fee required for the purchase of noninsured crop 
disaster assistance coverage 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 subpara-
graph (A) in calculating the supplemental revenue assist-
ance program guarantee under subsection (b)(3) and the 
total farm revenue under subsection (b)(4).’’. 
(6) RISK MANAGEMENT PURCHASE REQUIREMENT WAIVER FOR 
2009 CROP YEAR.—Section 531(g) of the Federal Crop Insurance 
Act (7 U.S.C. 1531(g)) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘(other than subsection (c))’’ and inserting 
‘‘(other than subsections (c) and (d))’’; and 
(ii) in subparagraph (A), by inserting ‘‘, excluding 
grazing land’’ after ‘‘producers on the farm’’; 
(B) in paragraph (2), by striking ‘‘grazed, planted,’’ 
and inserting ‘‘planted’’; 
(C) in paragraph (4), by striking ‘‘(4)’’ and all that 
follows through ‘‘In the case’’ and inserting the following: 
‘‘(4) WAIVERS FOR CERTAIN CROP YEARS.— 
‘‘(A) 2008 CROP YEAR.—In the case’’; and 
(D) by adding at the end the following: 
‘‘(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 insurance program sales closing 
date or noninsured crop assistance program fee payment 
date was prior to August 14, 2008, the Secretary shall 
waive paragraph (1) if the eligible 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 
Deadline. 
Waiver authority. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00027
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4218 
PUBLIC LAW 110–398—OCT. 13, 2008 
required under paragraph (1) to the Secretary not later 
than 90 days after the date of enactment of this subpara-
graph.’’. 
(7) PAYMENT LIMITATIONS.—Section 531(h) of the Federal 
Crop Insurance Act (7 U.S.C. 1531) is amended by adding 
at the end the following: 
‘‘(5) TRANSITION RULE.—Sections 1001, 1001A, 1001B, and 
1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et 
seq.) as in effect on September 30, 2007, shall continue to 
apply with respect to 2008 crops.’’. 
(b) TRADE ACT OF 1974.— 
(1) DEFINITIONS.—Section 901(a) of the Trade Act of 1974 
(19 U.S.C. 2497(a)) is amended— 
(A) in paragraph (3)(B), by inserting ‘‘has’’ after ‘‘on 
a farm that’’; 
(B) in paragraph (4), by striking ‘‘section 1102 of the 
Farm Security and Rural Investment Act of 2002’’ and 
all that follows through the end of the paragraph and 
inserting ‘‘under— 
‘‘(i) section 1102 or 1302 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 7912, 
7952); 
‘‘(ii) section 1102 or 1301(6) of the Food, Conserva-
tion, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); 
or 
‘‘(iii) a successor section.’’; 
(C) in paragraph (5)(B)(ii), by striking ‘‘, the total loss’’ 
and all that follows through the end of the paragraph 
and adding ‘‘the actual production on the farm is less 
than 50 percent of the normal production on the farm.’’; 
(D) in paragraph (7)— 
(i) in subparagraph (A), by inserting ‘‘for sale or 
on-farm livestock feeding (including native grassland 
intended for haying)’’ after ‘‘harvest’’; and 
(ii) in subparagraph (C), by inserting ‘‘for sale’’ 
after ‘‘crop’’; 
(E) by redesignating paragraphs (2) through (4), (5) 
through (12), and (13) through (18) as paragraphs (3) 
through (5), (7) through (14), and (16) through (21), respec-
tively; 
(F) by inserting after paragraph (1) the following: 
‘‘(2) ACTUAL PRODUCTION ON THE FARM.—The term ‘actual 
production on the farm’ means the sum of the value of all 
crops produced on the farm, as determined under subsection 
(b)(6)(B).’’; 
(G) by inserting after paragraph (5) (as redesignated 
by subparagraph (E)) the following: 
‘‘(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 subsections (b)(1)(B) 
and (g)(6).’’; and 
(H) by inserting after paragraph (14) (as redesignated 
by subparagraph (E)) the following: 
‘‘(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).’’. 
Applicability. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00028
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4219 
PUBLIC LAW 110–398—OCT. 13, 2008 
(2) SUPPLEMENTAL REVENUE ASSISTANCE PAYMENTS.—Sec-
tion 901(b) of the Trade Act of 1974 (19 U.S.C. 2497(b)) is 
amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1) IN GENERAL.—The Secretary’’ 
and inserting the following: 
‘‘(1) PAYMENTS.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(ii) by adding at the end the following: 
‘‘(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.’’; 
(B) in paragraph (2), by adding at the end the following: 
‘‘(C) EXCLUSION OF SUBSEQUENTLY PLANTED 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 Federal Crop 
Insurance Act (7 U.S.C. 1501 et seq.) 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, 
except 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’’; 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00029
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4220 
PUBLIC LAW 110–398—OCT. 13, 2008 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
striking ‘‘the product’’ and inserting ‘‘for each 
insurable commodity, the product’’; 
(II) in clause (i), by striking ‘‘greatest’’ and 
inserting ‘‘greater’’; 
(III) in clause (iii), by striking ‘‘of the insur-
ance price guarantee; and’’ and inserting ‘‘of the 
price election for the commodity used to calculate 
an indemnity for an applicable policy of insurance 
if an indemnity is triggered; and’’; and 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause (i), by 
striking ‘‘the product’’ and inserting ‘‘for each non-
insurable crop, the product’’; 
(II) in clause (i), by striking ‘‘and’’ at the end; 
(III) by redesignating clause (ii) as clause (iii); 
and 
(IV) by inserting after clause (i) the following: 
‘‘(ii) the acreage planted or prevented from being 
planted for each crop; and’’; and 
(F) by adding at the end the following: 
‘‘(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 multiplying— 
‘‘(I) 100 percent of the price election for the 
commodity used to calculate an indemnity for an 
applicable policy of insurance if an indemnity is 
triggered; and 
‘‘(II) the quantity of the commodity produced 
on the farm, adjusted for quality losses; and 
‘‘(ii) for each noninsurable commodity on a farm, 
the product obtained by multiplying— 
‘‘(I) 100 percent of the noninsured crop assist-
ance program established price for the commodity; 
and 
‘‘(II) the quantity of the commodity produced 
on the farm, adjusted for quality losses.’’. 
(3) 
WAIVER
FOR
SOCIALLY
DISADVANTAGED, 
LIMITED 
RESOURCE, 
OR
BEGINNING
FARMER
OR
RANCHER.—Section 
901(d)(5)(B)(ii) 
of 
the 
Trade 
Act 
of 
1974 
(19 
U.S.C. 
2497(d)(5)(B)(ii)) is amended by striking ‘‘section’’ and inserting 
‘‘subsection’’. 
(4) TREE ASSISTANCE PROGRAM.—Section 901(f)(2)(A) of the 
Trade Act of 1974 (19 U.S.C. 2497(f)(2)(A)) is amended by 
striking ‘‘the Secretary shall provide’’ and inserting ‘‘the Sec-
retary shall use such sums as are necessary from the Trust 
Fund to provide’’. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00030
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4221 
PUBLIC LAW 110–398—OCT. 13, 2008 
(5) DE MINIMIS EXCEPTION TO RISK MANAGEMENT PURCHASE 
REQUIREMENT.—Section 901(g) of the Trade Act of 1974 (19 
U.S.C. 2497(g)) is amended by adding at the end the following: 
‘‘(6) DE MINIMIS EXCEPTION.— 
‘‘(A) IN GENERAL.—For purposes of assistance under 
subsection (b), at the option of an eligible producer 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 Sec-
retary; or 
‘‘(ii) in the case of a crop for which the administra-
tive fee required for the purchase of noninsured crop 
disaster assistance coverage 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 subpara-
graph (A) in calculating the supplemental revenue assist-
ance program guarantee under subsection (b)(3) and the 
total farm revenue under subsection (b)(4).’’. 
(6) RISK MANAGEMENT PURCHASE REQUIREMENT WAIVER FOR 
2009 CROP YEAR.—Section 901(g) of the Trade Act of 1974 (19 
U.S.C. 2497(g)) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘(other than subsection (c))’’ and inserting 
‘‘(other than subsections (c) and (d))’’; and 
(ii) in subparagraph (A), by inserting ‘‘, excluding 
grazing land’’ after ‘‘producers on the farm’’; 
(B) in paragraph (2), by striking ‘‘grazed, planted,’’ 
and inserting ‘‘planted’’; 
(C) in paragraph (4), by striking ‘‘(4)’’ and all that 
follows through ‘‘In the case’’ and inserting the following: 
‘‘(4) WAIVERS FOR CERTAIN CROP YEARS.— 
‘‘(A) 2008 CROP YEAR.—In the case’’; and 
(D) by adding at the end the following: 
‘‘(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 insurance program sales closing 
date or noninsured crop assistance program fee payment 
date was prior to August 14, 2008, the Secretary shall 
waive paragraph (1) if the eligible 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 paragraph (1) to the Secretary not later 
than 90 days after the date of enactment of this subpara-
graph.’’. 
(7) PAYMENT
LIMITATIONS.—Section 901(h) of the Trade 
Act of 1974 (19 U.S.C. 2497(h)) is amended by adding at the 
end the following: 
‘‘(5) TRANSITION RULE.—Sections 1001, 1001A, 1001B, and 
1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et 
Applicability. 
Deadline. 
Waiver authority. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00031
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4222 
PUBLIC LAW 110–398—OCT. 13, 2008 
LEGISLATIVE HISTORY—H.R. 6849: 
HOUSE REPORTS: No. 110–881 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 24, considered and passed House. 
Sept. 29, considered and passed Senate, amended. House concurred in Senate 
amendment. 
seq.) as in effect on September 30, 2007, shall continue to 
apply with respect to 2008 crops.’’. 
Approved October 13, 2008. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00032
Fmt 6580
Sfmt 6580
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW