Page:United States Statutes at Large Volume 100 Part 4.djvu/638

 100 STAT. 3341-33

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PUBLIC LAW 99-591—OCT. 30, 1986

available, a yield determined by the Secretary to be fair and equitable. (B) Notwithstanding any other provision of this subsection— (i) a loss of production of quota peanuts from a farm as otherwise determined under paragraph (5) shall be reduced by the quantity of peanut poundage quota which was the basis of such anticipated production which has been transferred from the farm; and (ii) payments made under this subsection shall be taken into account whether the lost production for which the loss of production is claimed was a loss of production of quota oadditional peanuts and the payment rate shall be established accordingly. Further, notwithstanding any other provision of law, the amount of undermarketings of quota peanuts from a farm for the 1986 crop that may otherwise be claimed under section 358 of the Agricultural Adjustment Act of 1938 for purposes of future quota increases shall be reduced by the quantity of lost production of such peanuts for which payment has been received under this subsection. (9) The disaster payments required by this section shall be made in the form of generic, negotiable commodity certificates redeemable from stocks of commodities held by the Commodity Credit Corporation. (b)(1) notwithstanding any other provision of this section for the 1986 crop year, the Secretary of Agriculture shall utilize certificates redeemable from stocks of commodities held by the Commodity Credit Corporation, for the purpose of making disaster payments to producers of nonprogram crops, in counties in which producers became eligible subsequent to July 1, 1986, to receive disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as the result of drought, excessive heat, flood, hail, or excessive moisture, and (2) the Secretary of Agriculture shall make such payments (not to exceed $100,000 to any individual producer) if the Secretary determines that— (A) the producer has suffered a substantial loss of production due to drought, excessive heat, flood, hail, or excessive moisture, and (B) such loss has created an economic emergency for the producer to the extent that additional assistance must be made available to alleviate such economic emergency, and (c) Within 30 days following the enactment of this Act the Secretary of Agriculture shall issue such rules and regulations as the Secretary determines necessary to carry out the program authorized by subsections (a) and (b) of this section. Such regulations shall provide that the term "nonprogram crops" shall include all crops insured directly or indirectly by the Federal Crop Insurance Corporation for crop year 1986, and in addition— (1) the term shall include other commercial crops for which such insurance was not available for purchase or, if available, . was not purchased by such by producers for crop year 1986, if— (A) in accordance with rules and regulations issued by the Secretary of Agriculture, the producer of such crop(s) provides satisfactory evidence of actual crop yield for at least one of the immediately preceding 3 crop years: Provided, That in the event such data does not exist for any of the

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