123STA T . 12 4PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9indem ni f ied at10 0 p e rc ent o ft h ee x pected mar k et price , orane qu i v a l ent covera g e
and ‘ ‘ (I I ) in the ca s e of each noninsura b le commodit y of the eligible producers on the farm, agree to file the required paper w ork, and pay the administrative fee by the applicable S tate filing deadline, for the non - insured crop assistance program for the next year for which a policy is available . ‘‘( B ) AMOUNT O FAS S I STAN CE . —E ligible 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 2 00 8 crop year at a level of coverage not to exceed 7 0 percent or more of the recorded or appraised average yield indem- nified 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 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 )E Q UITA BL E R ELIEF.—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 ‘11 5 percent’; and ‘‘(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’. ‘‘(D) L IMITATION.— F or amounts made available under this paragraph, the Secretary may make such ad j ustments 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 insur- ance prior to the date of enactment of this paragraph. ‘‘(E) AUT H ORIT Y OF THE SECRETARY.— T he 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.
