110 STAT. 950 PUBLIC LAW 104-127—APR. 4, 1996 (h) EXCLUSIONS.— Noninsured crop disaster assistance under this section shall not cover losses due to— (1) the neglect or malfeasance of the producer; (2) the failure of the producer to reseed to the same crop in those areas and under such circumstances where it is customary to reseed; or (3) the failure of the producer to follow good farming practices, as determined by the Secretary. (i) PAYMENT AND INCOME LIMITATIONS. — (1) DEFINITIONS.—In this subsection: (A) PERSON.— The term "person" has the meaning provided the term in regulations issued by the Secretary. The regulations shall conform, to the extent practicable, to the regulations defining the term "person" issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). (B) QUALIFYING GROSS REVENUES.— The term "qualify- ing gross revenues" means— (i) if a majority of the gross revenue of the person is received from farming, ranching, and forestry oper- ^ ations, the gross revenue from the farming, ranching, and forestry operations of the person; and (ii) if less than a majority of the gross revenue of the person is received from farming, ranching, and forestry operations, the gross revenue of the person from all sources. (2) PAYMENT LIMITATION.—The total amount of payments that a person shall be entitled to receive annually under this section may not exceed $100,000. (3) LIMITATION ON MULTIPLE BENEFITS FOR SAME LOSS.— If a producer who is eligible to receive benefits under this section is also eligible to receive assistance for the same loss under any other program administered by the Secretary, the producer shall be required to elect whether to receive benefits under this section or under the other program, but not both. (4) INCOME LIMITATION.—^A person who has qualifying gross revenues in excess of the amount specified in section 2266(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) (as in effect on November 28, 1990) during the taxable year (as determined by the Secretary) shall not be eligible to receive any noninsured assistance payment under this section. (5) REGULATIONS. —The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and equitable application of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308), the general payment limitation regulations of the Secretary, and the limitations established under this subsection. (j) CONFORMING REPEAL.— Section 519 of the Federal Crop Insurance Act (7 U.S.C. 1519) is repealed.
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