a county contiguous to a county described in subparagraph (A); and

any farm in which, during a calendar year the actual production on the farm is less than 50 percent of the normal production on the farm.

a citizen of the United States;

a resident alien;

a partnership of citizens of the United States; or

a corporation, limited liability corporation, or other farm organizational structure organized under State law.

the disaster assistance program guarantee, as described in paragraph (3); and

the total farm revenue for a farm, as described in paragraph (4).

is produced on land that is not eligible for a policy or plan of insurance under subchapter I or assistance under the noninsured crop assistance program; or

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 practice, as determined by the Secretary.

a payment rate for the commodity that is equal to the price election for the commodity elected by the eligible producer;

the payment acres for the commodity that is equal to the number of acres planted, or prevented from being planted, to the commodity;

the adjusted actual production history yield; or

the counter-cyclical program payment yield for each crop; and

a payment rate for the commodity that is equal to 100 percent of the noninsured crop assistance program established price for the commodity;

the payment acres for the commodity that is equal to the number of acres planted, or prevented from being planted, to the commodity; and

the adjusted noninsured crop assistance program yield; or

the counter-cyclical program payment yield for each crop.

the actual production by crop on a farm for purposes of determining losses under subchapter I or the noninsured crop assistance program; and

subject to subparagraphs (B) and (C), to the extent practicable, the national average market price received for the marketing year, as determined by the Secretary;

15 percent of amount of any direct payments made to the producer under sections 1103 and 1303 ¹ of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8713, 8753] or successor sections;

the total amount of any counter-cyclical payments made to the producer under sections 1104 and 1304 ¹ 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 payments made to the producer under section 1105 ¹ of that Act [7 U.S.C. 8715];

the total amount of any loan deficiency payments, marketing loan gains, and marketing certificate gains made to the producer under subtitles B and C ¹ of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8731 et seq., 8751 et seq.] or successor subtitles;

the amount of payments for prevented planting on a farm;

the amount of crop insurance indemnities received by an eligible producer on a farm for each crop on a farm;

the amount of payments an eligible producer on a farm received under the noninsured crop assistance program for each crop on a farm; and

the value of any other natural disaster assistance payments provided by the Federal Government to an eligible producer on a farm for each crop on a farm for the same loss for which the eligible producer is seeking assistance.

to reflect the average quality discounts 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 determined annually by the State office of the Farm Service Agency;

to account for a crop the value of which is reduced due to excess moisture resulting from a disaster-related condition; and

as the Secretary determines appropriate, to reflect regional variations in a manner consistent with the operation of the crop insurance program under subchapter I and the noninsured crop assistance program.

the adjusted actual production history yield of the eligible producer on a farm; and

the counter-cyclical program payment yield;

the acreage planted or prevented from being planted for each crop; and

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

100 percent of the adjusted noninsured crop assistance program yield;

the acreage planted or prevented from being planted for each crop; and

100 percent of the noninsured crop assistance program price for each of the crops on a farm.

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

the quantity of the commodity produced on the farm, adjusted for quality losses; and

100 percent of the noninsured crop assistance program established price for the commodity; and

the quantity of the commodity produced on the farm, adjusted for quality losses.

owned;

leased;

purchased;

entered into a contract to purchase;

is a contract grower; or

the current production year; or

subject to paragraph (3)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year.

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;

provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by drought;

certifies grazing loss; and

meets all other eligibility requirements established under this subsection.

is native or improved pastureland with permanent vegetative cover; or

is planted to a crop planted specifically for the purpose of providing grazing for covered livestock.

the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or

the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer.

30 days;

a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); and

a payment rate that is equal to the corn price per pound, as determined under clause (iii).

in the case of an adult beef cow, 15.7 pounds of corn per day; or

in the case of any other type of weight of livestock, an amount determined by the Secretary that represents the average number of pounds of corn per day necessary to feed the livestock.

the national average corn price per bushel for the 12-month period immediately preceding March 1 of the year for which the disaster assistance is calculated; or

the national average corn price per bushel for the 24-month period immediately preceding that March 1; by

56.

in an amount equal to 2 monthly payments using the monthly payment rate determined under subparagraph (B); or

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 period for the county, or is rated as having a D4 (exceptional drought) intensity in any area of the county at any time during the normal grazing period, in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B).

the grazing losses occur on rangeland that is managed by a Federal agency; and

the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire.

beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; and

ending on the last day of the Federal lease of the eligible livestock producer.

obtained a policy or plan of insurance under subchapter I for the grazing land incurring the losses for which assistance is being requested; or

filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the grazing land incurring the losses for which assistance is being requested.

waive subparagraph (A); and

provide disaster assistance under this subsection at a level that the Secretary determines to be equitable and appropriate.

under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and

under paragraph (3)(B) to eligible orchardists 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 disaster, as determined by the Secretary.

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

at the option of the Secretary, sufficient seedlings to reestablish a stand; and

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

in the case of a crop for which the administrative fee required for the purchase of noninsured crop disaster assistance coverage exceeds 10 percent of the value of that coverage.

pay the appropriate fee described in paragraph (4)(A) not later than 90 days after February 17, 2009; and

in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under subchapter I (excluding a crop insurance pilot program under that subchapter) 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 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and

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 applicable State filing deadline, for the noninsured crop assistance program for the next year for which a policy is available.

in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance 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

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 noninsured 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.

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

in clause (i) of that subparagraph, “120 percent” is substituted for “115 percent”; and

in clause (ii) of that subparagraph, “125” is substituted for “120 percent”.

suffered a production loss or multiyear production losses due to a natural cause during the 2008 crop year; and

except as provided in item (bb), lack access to a policy or plan of insurance under subchapter I; or

do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming practices, 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 United States; and

are not eligible for the noninsured crop disaster assistance program established by section 7333 of this title.