123STA T . 12 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9‘ ‘ (F)LACKOF ACC ES S .—Notwi t hs t and in g an y oth erp ro v ision o f this se c tion , the S ecretary m ay provide assist - ance u nder this section to e l igi b le producers on a farm that— ‘‘(i) suffered a production loss due to a natural cause during the 20 0 8 crop year
and ‘‘(ii) as determined by the Secretary— ‘‘( I )(aa) e x cept as provided in item (bb), lac k access to a policy or plan of insurance under sub- title A
- or
‘‘(bb) do not q ualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming prac- tices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the U nited States; and ‘‘(II) are not eligible for the noninsured crop disaster assistance program established by section 1 96 of the Federal Agriculture Improvement and R eform Act of 1996 ( 7 U.S. C .7 3 33). ’ ’. (c) FA RMOP ERA TING LOANS.— (1) IN GENERA L .—For the principal amount of direct farm operating loans under section 311 of the Consolidated Farm and Rural D evelopment Act (7 U.S.C. 19 4 1), $ 173,367,000. (2) DIRECT FARM OPERATING LOANS.—For the cost of direct farm operating loans, including the cost of modifying loans, as defined in section 5 02 of the Congressional B udget Act of 1974 (2 U.S.C. 661a), $20,440,000. (d) 2008 A QU ACULTURE ASSISTANCE.— (1) DEFINITIONS.—In this subsection
(A) E LIGI B LE AQUACULTURE PRO D UCER.— T he term ‘‘eligible aquaculture producer’’ means an aquaculture pro- ducer that during the 2008 calendar year, as determined by the Secretary— (i) produced an aquaculture species for which feed costs represented a substantial percentage of the input costs of the aquaculture operation; and (ii) experienced a substantial price increase of feed costs above the previous 5-year average. (B) SECRETAR Y .—The term ‘‘Secretary’’ means the Sec- retary of Agriculture. (2) G RANT PROGRAM.— (A) IN GENERAL.—Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $50,000,000, to remain available until September 30, 2010, to carry out a program of grants to States to assist eligible aquaculture producers for losses associated with high feed input costs during the 2008 calendar year. (B) NOTIFICATION.—Not later than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible aquaculture producers, including such terms as determined by the Secretary to be necessary for the equitable treatment of eligible aquaculture producers. (C) P RO V ISION OF GRANTS.— Deadlin e .
